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HomeMy WebLinkAbout1998-02-24 Bd Comm minutesB ROADB AND TELECOMMUNICATIONS COMMIS S ION JANUARY 26, 1998- 5:30 PM LOBBY CONFERENCE ROOM, CWIC CEN'I~R Present: Cordell Jeppsen, Betty McKray, Steve Hoch, Cathy Weingeist, Howie Vernon Staff Present: Shaffer, Brau, Helling, Hardy, Matthews Others Present: Denis Martel, Arlene Heck, Beth Fisher, Rene Paine, Mary Jo Langhorne, Miriam Bennett RECOMMENDATIONS TO THE CITY COUNCIL There are no recommendations to Council at this time. SUMMARY OF DISCUSSION Vernon announced that effective today he was resigning his position on the Commission due to his recent promotion at McLeod which involves cable television and the use of the public right-of-way. Heck reported TCI will no longer be carrying the Cartoon Network beginning February 1 due to the need to make room for KCTV. As each area of the city is rebuilt they will have several additional channels added temporarily on the channels above 38. The channels will be realigned when the entire city is rebuilt. TCI is in the process of developing a communications program to keep citizens and the City informed of rebuild activities. Hoch asked for an estimate when the system rebuild would be complete. Martel said that if the coax portion begins construction by the end of February, the system should be finished by June or July. The first areas should be complete in March. Randall reported PATV plans to launch a fundraising campaign shortly. Shaffer reported the RFI developed with the University of Iowa included in the packet was issued last week to various entities including US West, TCI, and others the University thought might be interested. A quick response is not expected. The RFI is an attempt to let all telecom providers know that there is a strong interest in the University and the City to enhance the communications infrastructure. APPROVAL OF MINUTES It was moved by Hoch, seconded by McKray to approve the November 24, 1997 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Vernon announced that effective today he was resigning his position on the Commission due to his recent promotion at McLeod which involves cable television and the use of the public right-of-way. A formal letter to the City Council will be sent shortly. Jeppsen thanked Vernon for his service and said his presence will be missed. Vernon left the meeting at this point. McKray reported she has continued to attend the PATV Board meetings on behalf of the Commission. SHORT PUBLIC ANNOUNCEMENTS None. ECC REPORT Langhorne reported the installation of equipment in the Board Room purchased with pass-through funds is expected to be completed shortly. The ECC met and elected officers. Initial discussions have been held regarding holding a media festival which will recognize student's work in video, multimedia and computer generated images. It is hoped that the festival can be held in the spring. TCI REPORT Heck reported TCI will no longer be carrying the Cartoon Network beginning February 1 due to the need to make room for KCTV. In regards to the system rebuild. Martel reported the headend has been expanded and the construction of the fiber portion of the plant started. Martel distributed a map indicating where the 3.8 miles of fiber has been laid to this point. It is hoped the fiber portion of the rebuild will be completed by the middle to late February. Heck reported she will be submitting a list of channels she would like to add after the rebuild is complete to TCI officials for approval. Among those channels is Starz, Showtime, ESPN2, The Learning Channel, VH1, the Comedy Channel, and several pay-per- view channels. When areas of the city are rebuilt they will have the additional channels added temporarily on the channels above 38. The channels will be realigned when the entire city is rebuilt. TCI is in the process of developing a communications program to keep citizens and the City informed of rebuild activities. Hoch asked for an estimate when the system rebuild would be complete. Martel said that if the coax portion begins construction by the end of February, the system should be finished by June or July. The first areas should be complete in March. PATV REPORT Paine reported that PATV recently hosted a meeting of representatives who are involved in cable TV from the some of the small communities surrounding Iowa City. PATV is monitoring activities in the state legislature related to the control and management of the public right-of-way. The PATV Board approved several changes in the PATV Guidelines. They have been sent to the City legal department for review of several issues and will be forwarded to the Commission for the next meeting. A smaller, lighter camera has been purchased based on the requests of PATV producers. Randall reported PATV plans to launch a fundraising campaign shortly. SENIOR CENTER REPORT Bennett reported that things are going smoothly. LIBRARY REPORT Fisher reported fifteen episodes of "Off the Shelf", a series of programs on the library, what they buy and why, has been completed. Beginning tomorrow and being held every other Tuesday night a four part book discussion series co- sponsored by Hancher Auditorium entitled "The Search of Identity in Classical Music and Literature" will be held and cablecast live. LEGAL REPORT Matthews reported he recently received a copy of Coralville's draft right-of-way ordinance. Work is continuing on the Iowa City Telecommunications Ordinance. CABLE TV DIVISION Hardy reported the government channel is in the process of hiring staff and work-study students and finding interns to replace staff who have left. A draft of the Community Television Service Guidelines was included in the meeting packets. Additional items still need to be addressed. CABLE TV ADMINISTRATOR Shaffer reported the RFI developed with the University of Iowa included in the 'packet was issued last week to various entities including US West, TCI, and others the University thought might be interested. A quick response is not expected. The RFI is an attempt to let all telecom providers know that there is a strong interest in the University and the City to enhance the communications infrastructure. Hoch asked if the City is dependent on the University or might the City act alone if the University does not follow through in a timely manner. Hoch said there is a pressing need for competition and this effort should not be dependent on the pace of the University. Jeppsen said the time-frame depends on the responses to the RFI. Shaffer noted a letter in the packet regarding an audit of TCI. Coralville will be participating in the audit. Shaffer reported he has been attending the Center Space meetings. A document developed by the Center Space Committee outlining an envisioned typical month will be forwarded for the next meeting. Shaffer complimented Heck on TCI's efforts in November and December in attempts to resolve the Univision issue. Shaffer reported receiving 30 complaints since the last meeting--6 about outages, 5 about billing problems, 4 about a poor quality signal, and a variety of others. SYSTEM REBUILD Shaffer referred to the letter in the meeting packet addressing questions to Martel. Those questions were developed in consultation with Rice, Williams with the intent to ensure the rebuild is being done as specified in the franchise agreement. Martel's response arrived too late to include in the meeting packet but was distributed at the meeting. A contract has been signed with Rice, Williams for assistance in this area. Hoch and Jeppsen said it was not clear from the response that the system will be designed to accommodate an upgrade to 750 MHz. Martel said there is new technology available which will enable the system to be spaced for 550 MHz and later upgraded to 750 MHz. Shaffer said Rice, Williams is discussing these items with TCI. Hoch noted that TCI has asserted that some information is proprietary. It should be made clear that TCI must supply information which will enable the City to make a determination that TCI is complying with the franchise. Shaffer said Rice, Williams believe TCI has been responsive so far. The fact that Vernon was on the Commission may have had a bearing on TCI's desire to label some information as proprietary. TELECOMMUNICATIONS ORDINANCE Shaffer said one more read through is needed before completion. Given possible action in the state legislature and Coralville acting as a test case, the time it has taken for Iowa City to finalize the ordinance may have been beneficial. CHANNEL 4 GUIDELINES Shaffer said several changes have been made in these channel 4 guidelines. The word "sponsorship" has been changed to "underwriting" and language has been included which will cover programming such as cablecasting Hawkeye football games on lchannel 4 when they would otherwise be unavailable to Iowa City viewers. It was moved by Hoch, seconded by McKray to approve the Government Channel guidelines. The motion passed unanimously 4-0. AMENDMENT TO THE CABLE TV ORDINANCE Shaffer said a recent court case has changed the definition of gross revenues for the purposes of assessing franchise fees. The proposed change would bring the Iowa City ordinance in compliance with this change in definition. There would be about a $.07 increase per month in subscriber's bills as a result of this amendment. Hoch said essentially the change would increase subscriber's rate and he would prefer to reflect on the issue for a month. Hoch moved to table the amendment and Weingeist seconded. The motion passed unanimously 4-0. It was moved by Hoch, seconded by Weingeist to adjourn. The motion passed unanimously 4-0. Adjournment was at 6:16 p.m. Respectfully submitted, Cable TV Administrator MINUTES PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 5, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Phil Shive, Lea Supple MEMBERS ABSENT: George Starr STAFF PRESENT: Melody Rockwell, Scott Kugler, Bob Miklo, Sarah Holecek, Anne Schulte OTHERS PRESENT: Bud Louis, Mike Dill, Wendelin Guentner, Pete Wilson, Joyce Chiles, David Fomon, Margaret MacDonald, Richard Rhodes RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of REZ97-0018/SUB97-0030, an application submitted by Walden Wood Associates II LLP, to amend the approved preliminary Sensitive Areas Development Plan and preliminary plat for Lot 51 of Walden Hills, containing 2.9 acres, to permit 25 dwelling units within the OSA-8, Sensitive Areas Overlay Zone located at the northeast corner of Shannon Drive and Irving Avenue subject to: 1) the construction and acceptance of Shannon Drive from Rohret Road to its intersection with Irving Avenue prior to the occupancy of any residence on Lots 55 through 67, and extended to the north in front of Lots 68 through 79 prior to the occupancy of said Lots 68-79, 2) the appearance of the dwellings substantially conforming to the elevations and illustrations submitted by the applicant, and 3) approval of a revised grading plan prior to City Council consideration. Recommended approval, by a vote of 4-2, with Ehrhardt and Supple voting no, of SUB97-0027, a preliminary plat of Boyd's Fashionable acres, an 11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue, subject to the removal of the existing ddveway from Lot I to Rochester Avenue if in the future Lot I is rezoned or subdivided, and subject to the dedication of a 20-foot wide public access easement leading from Outlot A to Mt. Vernon Drive at the time of final plat approval. Recommended approval, by a vote of 6-0, of VAC98-0001, an application submitted by the City of Iowa City to vacate 0.18 acres of Old Benton Street right-of-way, located north of Benton Street and west of the Iowa River. Recommended approval, by a vote of 6-0, of ANN98-0001, an application submitted by the Clarence Jacobs and Bernice Jacobs Trust to sever (de-annex) 78 acres of property located south of Highway 6 in the northwest comer of the corporate limits, subject to its annexation by the City of Coralville. CALL TO ORDER: Vice-chairperson Bovbjerg called the meeting to order at 7:37 p.m~ PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Planning and Zoning Commission February 5, 1998 Page 2 ANNOUNCEMENT OF VACANCIES ON BOARDS AND COMMISSIONS: Bovbjerg announced vacancies on the following boards and commissions: Broadband Telecommunications Commission, Airport Commission, Design Review Committee, Civil Service Commission, Historic Preservation Commission, Animal Control Advisory Board, and the Housing and Community Development Commission. REZONING ITEMS: REZ97-0011. Public Discussion of an application submitted by H & O LLC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 35 dwelling units located at 500 Foster Road. (45-day limitation period waived to February 5, 1998) Supple stated for the record that she has two friends who own property near the tract involved in this rezoning issue. They are David Fomon and Joyce Chiles. She said she felt this would not interfere with her ability to be objective, and she would therefore not abstain from voting. Rockwell said the Commission reviewed an application last October for a rezoning that involved 40 dwelling units on the 4.46 acres at 500 Foster Road. Rockwell said since that time, staff has received revised site plans and building elevations. Rockwell said the density has been reduced from 40 to 35 units so that the rezoning request has now changed from OSA-12 to OSA-8, which is consistent with the newly adopted Comprehensive Plan. She added that the multi-family building design has changed in that the height has been lowered somewhat - by 3.5 feet on the west side and by four feet on the east side where the parking garage is located. Rockwell said the orientation of the multi-family building has been changed so that the parking level is on the east side of the building instead of the north, and there is a pedestrian entrance to the south. She said the multi-family building design and exterior materials have been changed to be more urban in appearance. Regarding the duplex design, Rockwell said it has been changed from 15 townhouses and flats to six two-unit duplexes. She said because of the larger footprint for the duplex units and the way the drives are shown on the property, there would be less common open space on the site than was originally proposed. Rockwell said the garagescape appearance originally proposed has been softened somewhat. She said staff would encourage the developer to redesign to the extent that the residences can be pulled closer to the street and diminish the predominance of the garages along that street. Rockwell said there is a southeasterly duplex with a rear elevation facing Foster Road that staff would like to see moved or reoriented so that it appears to either face or have its side to Foster Road. With regard to the street design, Rockwell said the staff report outlines the pros and cons of each of the three site plan designs. She said staff supports a site plan design with the east alignment of the private drive as was originally proposed, combined with the orientation of the multi-family building and the way the duplexes are located, with the exception of the southeasterly duplex, on the more recent site plans. Rockwell said this design would provide for more common open space and less paving on the site, would buffer the traffic generated by this development from adjacent properties, and would provide more direct access for fire and emergency vehicles. Because of the need for feedback from the Commission and the public before the developer proceeds with a final site plan, Rockwell said staff was recommending deferral. She said the applicant has submitted a letter waiving the 45-day limitation period to February 19. Planning and Zoning Commission February 5, 1998 Page 3 Supple asked if the height of the multi-family building would now meet the City's requirements. Rockwell said it would exceed the requirements for most of the building, but the west side would be one-half foot under the maximum allowed, which is 35 feet. She said the side with the parking is designed for vehicles to enter at a lower level and that side is 44 feet in height. Bovbjerg asked how the 44 feet was measured. Rockwell said it was measured from the grade. Bovbjerg said that if the ground is dug away in order to have a walkout basement or underground garage, the height would be increased by the height of that story. Rockwell confirmed this and said the measurement would be done from the level of the paving in the garage level. Ehrhardt said that the plan discussed using engineered fill. She asked if the fill could be used to measure the height on the one side. Rockwell said the developer would use the fall of the slope to have the garages at the lower level and would not want to fill in that area. Supple asked how the developer would get a building permit if the building did not meet the height requirements. Rockwell replied that this is a planned development so the Planning and Zoning Commission and City Council can approve exceptions to certain Zoning Chapter requirements. Ehrhardt asked about the percentage of open space that is shown on the revised plans as opposed to the original plan. 'Rockwell said she would present that information at the Commission's next meeting. Bovbjerg asked if the height waiver would be part of the motion approving the planned development. Rockwell confirmed this and said as part of a planned development, the Commission would forward a letter to the City Council listing exceptions to the standard zoning requirements. Public discussion: Bud Louis, 500 Foster Road, asked if after tonight, he would have enough information to make the necessary changes. He said in response to the petition from neighboring property owners and residents, he lowered the density as well as the height of the multi-family building. Louis also said he bought the land for the storm water basin from Dick Collins. Louis said he was in favor of moving the access road away from the west boundary of the property, because David Fomon did not want it so close to where the children play, and Louis didn't really want it there either. Louis said he preferred the road to be moved to the east. He said he had talked to Dave Foman, who felt it would be alright if the road were moved 30 feet to the east. Louis stated that he didn't understand the complaints by some of the neighbors, as his neighbor to the east cannot even see this property. Louis said the traffic generated by this four and one-half acres would be nothing compared to what will happen when the City opens up the 380 acres on the peninsula and widens Foster Road. Louis asked if the Commission had any questions for him. Bovbjerg asked Louis if he was still saying that he was open and flexible on the design of the development. Louis said he was working with staff and would do what the Commission wanted done. Mike Dill. 572 Foster Road, said he considers himself a good neighbor. He said he has enjoyed the open space behind Louis' home. Dill said he was sorry to see the land developed, but respected Louis' right to use his property and wished him well on his endeavor. Dill said he felt, however, that duplexes and townhouses, which are already in the area, are by far the best use for the land in that area. He said apartments and condominiums would change the whole scenery of the area. Dill said the multi-family building would be a monumental building in the back that would go along the treeline that is now a really nice looking area. He said he did not have a problem with Planning and Zoning Commission February 5, 1998 Page 4 the development, but wished that the apartment building could be left out and that townhouses could be constructed instead. Dill said he realizes the land value increases with an increase in the number of units that can be built on the land, but once the large building is erected, there is no way to change it. He said he thought this was a bad plan. Dill stated that when he purchased his condominium, the zoning was RS-5, but now it is proposed as a planned area development where anything goes as long as it can be pushed through. He said he would prefer that it remain an RS-5 zone. Wendelin Guentner, 570 Foster Road, said she agreed with a lot of what Dill had said in that she thought that Louis has the right to develop his property, but she hoped he would develop the property in harmony with both the natural environment and the human environment. She said the land is located at the top of a ravine. She said the major issue is the huge 24-unit building, which will be seen from all around. Guentner said it will not be in harmony with the natural environment and will be higher than the tree levels, because it will be on top of the ravine. Guentner said the multi-family building would not be in harmony with the human environment, because the existing construction in the area is essentially four-plexes and six-plexes, making up about 24 units. She stated that the one large proposed building would house as many people as all of the people living in the townhouses around it. Guentner said even if it is legal to grant an exception, the large building is too urban, is visually objectionable, and would change the feeling of the entire environment. She added that she appreciated staff's suggestion to move the access road to the east to create a buffer from the traffic problems the development will create and to preserve the feeling of open space. Guentner said she agreed that Louis has the right to develop this property, but the one large building is out of character, and she hoped an exception would not be granted for it. Pete Wilson, 562 Foster Rd, said the greatest concern was the multi-family building, and he was also concerned about the amount of green space being taken away from the first plan to the more recent plans. He said the sheer size of the building, along with the parking areas and drives, has minimized a lot of the green space. Wilson said he used his tape measure to estimate the height of the parking ramp across the street from the Civic Center, and it is about 34-36 feet tall. He said it is similar to what is being proposed for the large building, where the height would be over 40 feet for the east side. He asked to have the curtains behind the dais opened, which was done, so that the Commission could get a better idea of the kind of impact a building of this height would have. Wilson said the height is pretty impressive and would have quite an impact. He added that the townhouses where he and his neighbors live are not much farther from where the big building would be than the parking ramp was from where he stood at the podium. Wilson said that trees will be removed at the north comer and many have already been taken out for the sewer line, which he said was handled very poorly. He said he would like to see as many trees saved as possible and suggested it could be accomplished by redesigning the site plan. Wilson said the developer should reconsider whether he really needs to force this many units onto this site. Joyce Chiles, 560 Foster Rd, stated that she was in total agreement with her neighbors. She said she has lived in that area for 19 years, and it would break her heart to have the big building constructed there. Dave Fomon, 1927 Keokuk Street, stated that his family owns the property adjoining this one. He said he discussed the entrance to the development with Louis and informed Louis that 30 feet Planning and Zoning Commission February 5, 1998 Page 5 wouldbe preferable to constructing the road flush on the property line. Fomon said his first choice would be to have the drive come in on the east side of Louis' front yard and on the west side of the southeast duplex, as in the third site plan, if the southeasterly duplex is reoriented. He said it would create a much larger buffer between the proposed and existing development and would open up the green space. Fomon said the duplexes could still be done as in the second site plan. He said he wanted to make it clear that from his standpoint, the road access as done in the first site plan is the best, and he would like to see the access from that site plan incorporated into the third site plan. Maraaret MacDonald, 400 Foster Road, said she has lived in this area for over 40 years and wanted to give fresh information regarding the changes on her property. She said there have been devastating changes, because her valley was selected over other routes for the 21-inch pipeline for correcting the sewer problems of the Stonewall Acres apartments. MacDonald said the sewer route lies east of, adjacent to, and directly below the area of the proposed new construction. MacDonald said the City has proceeded with this sewer project, and the first order of business was to strip all vegetation for a considerable distance on both sides of the site of the new sewer line. She stated that the City cut through several hills and ravines and brought in loads of dirt to partially fill the ravines and create a base for a road for construction equipment. MacDonald said without plants and tree roots, it is highly unlikely that this land will be stable for some time to come. She said the Dubuque Street cliffs must not be forgotten. MacDonald said she is very unsure that the recently created bluffs along the west side of the valley can withstand the stress of heavy rainstorms. MacDonald said nature's gifts of unusual land formations, lovely, mature trees, and beautiful rare plants should be noted, admired, nurtured and preserved. She said she understood the stress that the Stonewall Acres residents feel, knowing they may be forced to endure new construction and may subsequently lose the view of lawns and stately trees they have come to enjoy. MacDonald said she objects to the higher density, which would result in heavier traffic and said the issue of compatibility looms large with the plans as presented. MacDonald said a sizable environmental impact will undoubtedly be made on such a highly sensitive area. She said she could not have confidence in another stormwater pond, having already seen one fail in the same location. MacDonald said she appreciated the efforts of staff and the Commission for their diligence, personal interest, and generous gift of time to this and other issues. Richard Rhodes, 2014 Rochester Avenue, asked if the Kentucky coffee tree grove survived the sewer project construction. Rockwell responded that five or six of the trees survived. Rhodes said we should do everything possible to protect such trees, because Kentucky coffee trees are quite uncommon in Johnson County, which is fairly near their northern range limit. He urged the Commission to do whatever possible to ensure that there is a tree protection plan in place for those trees if there is any hope of saving them. Bovbjerg asked what kind of tree protection was in place and where it fit in. Rockwell said if there are sufficient trees on the property to constitute a grove, the developer is required to show what trees will be protected and try to take measures to protect them. She said the new orientation of the multi-family building pulls the parking area and the building away from the north edge of the property where surviving Kentucky coffee trees are located. Rockwell said staff would recommend that a tree protection plan be in place as part of the planned development, especially for those Planning and Zoning Commission February 5, 1998 Page 6 trees and for any mature frontage trees that could be saved. Bovbjerg asked if the tree protection methodology was mandated by the City or was just recommended. Rockwell said the best practice and procedures are encouraged by the enforcement officer, but there are no ordinance regulations that require a particular method to be used to preserve trees. Bud Louis said that what people are calling the Kentucky coffee trees are the offspdng of the locust trees that he let grow up there. He said the City cut a lot of trees out for the construction of the sewer line, but he has not cut any himself. Louis said he would like to see those saved, but he did not know anything about any Kentucky coffee trees. Public discussion closed. MOTION: Gibson moved to defer REZ97-0011 to the Planning and Zoning Commission meeting of February 19, 1998. Supple seconded the motion. Gibson said he felt it was imperative for the Planning and Zoning Commission to provide pretty strong guidance on this issue. He said this has gone back and forth for some time, and he appreciated Louis' forbearance. Gibson said of the three options, he preferred the eastern road alignment by far. He added that he was okay conceptually and theoretically with the density, assuming that the problems of placement of units on the site are adequately dealt with. Gibson said he was not satisfied with some of the physical solutions and was particularly concerned with the height of the apartment building. He said that a five-story building in that environment did not sit well with him and, at minimum, one story needs to be removed from the building. Gibson said he agreed that it is not appropriate to present the back side of the southeastern duplex to Foster Road. He said he felt it was up to the developer and the developer's consultants to work out the final design solution in with the constraints that the Commission chooses to put on the development. Supple said she would like to see the Louis driveway connection to Foster Road eliminated, and instead to have the Louis drive tied in with the access drive to the east. She thought there should be only one access from this property to Foster Road. She said she liked features of each plan, particularly the open space in the first plan. She added that she agreed with Gibson's comments. Ehrhardt thanked those who came to the meeting for expressing their concerns to the Commission and thanked Louis for listening to his neighbors and being willing to change some things to accommodate them. She said she appreciated Wilson's suggestion of comparing the height of the parking ramp to that of the proposed building. Ehrhardt said when she saw the lot, she was surprised at how small it was for what was being proposed for the space and added that she did have a problem with the proposed density. She said she agreed with most of the things staff has recommended. Shive agreed that it is important to look at the height requirement for the apartment building as well as the road entrance. He stated that if the road from the first plan could be incorporated into the third plan and the orientation of the southeast duplex could be changed, it might result in a workable plan. Bovbjerg said she likes the idea of using three- and four-plexes with smaller footprints to get density. She said the eastern road appeals to her, but the density is overwhelming. She said one of her own arrangements for the site had two-, three-, and four-plexes and no multi-family building, which reduced the density down to a Planned Development of RS-5. Bovbjerg said she was wary of this density on this size and configuration of property and was also concerned about Planning and Zoning Commission February 5, 1998 Page 7 putting all these cars on Foster Road. She said that one solution would be to reduce the density. She said the Commission could approve or deny a density increase as long as it had good reasons for either decision. Bovbjerg said the read should definitely be to the east and that the duplex close to Foster Road should be turned as in the first site plan. She said the neighbors have consistently participated in the process and that has been helpful for the Commission. Chait said it seems that no one has a problem with duplexes or three-plexes on the property, and all agree on the access issue. He said the main issue is the large building and the density involved there. Chait reminded the Commission that there will be a lot more density and more vehicles further down on Foster Road so that it is unfair to focus so heavily on what might be coming in at this point on Foster Road. He added that the large building is a concern to everyone. The motion carried on a vote of 6-0. REZ97-0019. Public discussion of an application submitted by Gary Watts, on behalf of property owner Arlington L.C., to rezone 40.99 acres located between Lower West Branch Road and Court Street extended, approximately 4/5 miles west of Taft Avenue from Low Density Multi-Family Residential (RM-5) to Medium Density Single-Family Residential (RS-8) (23.7 acres) and High Density Multi-Family Residential (RM-12) (12.4 and 4.9 acres) Zones. (45-day limitation period waived) Kugler said based on staff's concerns, the applicant has submitted a revised zoning plan that would include the 4.9 acre parcel at the north end of the property with the portion of the property to be rezoned RS-8 rather than the area requested for RM-12 zoning. He said the boundary between the two parcels was revised and pulled to the south to allow consistency between housing units across the street from one another. He said the portion to be rezoned RM-12 was therefore reduced to 11.9 acres and the other portion to be rezoned RS-8 would become 29.1 acres. In terms of the Comprehensive Plan, Kugler said the land use map contained in the plan suggests residential development at 2-8 units per acre. He said the RS-8 zoning would therefore be consistent with that suggestion, but the RM-12 zoning would not be. Kugler said the land use map is intended to be a general guide for development throughout the City and should not be the only factor used in determining whether a rezoning is appropriate. He said the Comprehensive Plan contains neighborhood design concepts that encourage diversity in a residential neighborhood through a mix of housing types and suggests ways to introduce multi-family housing into single- family neighborhoods in appropriate ways, such as along artedal streets, adjacent to major open spaces and near neighborhood commercial centers. Kugler said there are some of these characteristics present for the southern parcel, e.g., Court Street is to be extended, and there is a proposed CN-1 zone at the comer of Court Street and Taft Avenue. Kugler said the Comprehensive Plan discusses the importance of building design when introducing a higher density land use into a single-family neighborhood. He said since a development plan has not yet been proposed, staff is recommending that if the rezoning is approved, it be done subject to the approval of a future OPDH plan, which would allow for a public review of the development plan before building permits can be issued. With regard to compatibility with surrounding properties, Kugler said there are some areas of higher density along Court Street, and staff feels it not unreasonable to expect some higher density zoning along this corridor. He showed a concept plan for the design of the parcel to the Planning and Zoning Commission February 5, 1998 Page 8 south-and said that although it is zoned RS-8, there is a requirement in the CZA that a future OPDH plan be submitted for the property. Kugler said in terms of infrastructure issues, the extension of Court Street will provide adequate artedal street access to the area. He said there are potential sewer capacity issues and pointed out the problem area on the map. Kugler said Public Works has indicated that it is not a big problem at this time, but will eventually have to be addressed and the applicant should be put on notice that at some point in the future development may be slowed or limited there until the problem can be addressed. He said it has not yet been decided where the sewer improvement project would be placed in the Capital Improvements Program, but Public Works will be monitoring it to find out how extensive the problem is. Kugler said the Comprehensive Plan's Growth Policy suggests that the City examine the impact of development at the edge of town on streets that are at or near capacity in interior neighborhoods. He referred to a memo from Jeff Davidson, Transportation Planner, that contained such an analysis. Davidson has noted that there will be increased traffic on Court Street, with the biggest impact in an area that is not at or near capacity. The memo states that the impact of this development on the area to the west of First Avenue that is experiencing capacity constraints would not be excessive, in that traffic from this development will likely dissipate on other City streets before it comes to that area. Kugler said there would be a slight increase in traffic, but nothing excessive. Kugler said staff recommends approval, subject to a Conditional Zoning Agreement outlining the applicant's obligations regarding the extension of Court Street and requiring the approval of a future OPDH application for each parcel prior to development of the property. Public discussion: There was none. Public discussion closed. MOTION: Shive moved to defer REZ97-0019 to the Planning and Zoning Commission meeting of February 19, 1998. Ehrhardt seconded the motion. Ehrhardt said she had a problem with the size of the parcel to be rezoned RS-12. She said she sees the advantage of mixed neighborhoods, but the neighborhood design concepts show little pockets of RM-12 zoning of two to three lot sizes. Ehrhardt said this is twelve acres and not little pockets, and she thought that was what the City was trying to get away from. Kugler said that what is generally suggested is that the density be increased in association with the neighborhood center, and staff sees the commercial area down' the street as that neighborhood center. Ehrhardt said there is already RM-12 zoning right there and there will be apartments and townhouses planned to the south. She said to add this twelve acres will make it seem like a big mass of RM-12 zoning there. Miklo pointed out that the Comprehensive Plan does not actually have zoning districts, but has housing types and suggests apartments, townhouses and perhaps smaller single-family lots near the edge of the neighborhood. He said this being a future PDH-12 does not mean it will all be apartments. He said that will be determined with the PDH. Miklo said according to the Comprehensive Plan concepts, it should not be 100% apartment buildings. Supple said it might be more advantageous for the Commission to review the entire area at the same time. Miklo said it would be advantageous, but the applicant was not ready to do that. He Planning and Zoning Commission February 5, 1998 Page 9 said .that is why staff is recommending a planned development. He said the zoning will be established with the requirement for a planned development, and during the planned development phase, the Commission will look for consistency with the Comprehensive Plan. Chait said this is the step that precedes what the concept plan could look like. He said the way this is being implemented, the Commission will have an opportunity to review it to get it the way the Commission wants. Ehrhardt said that mixed housing means really mixed, not isolated as a big portion (twelve acres) of this higher density. Chait said with a PDH, some density could be higher and some lower, with an average of twelve. Miklo said the zoning does not obligate the Commission to allow that many units, and it would be clear in the CZA that the zoning would allow up to so many units, as was the case with the elder housing on the west side of the City. Chait said he agreed with Ehrhardt in that he liked what was done in the Comprehensive Plan in terms of neighborhoods, and the Commission could go on record as holding that to be the standard. He said the developer could shift density to one area or another and added that it is incumbent upon the Commission, in part, to let the public and the developers know what it is looking for. Miklo said this is not one tract. He said there would be a public street down the middle so there would be two pieces that will probably develop at two different times. Bovbjerg asked what the difference would be on how the southern area could develop if the whole tract were RS-8. Kugler said the RS-8 zone, without the PDH process, would allow only single-family or duplex housing. He said that the PDH process would allow the proposal of alternative building types such as apartment buildings or townhouses, and the density would come from the rest of the zone. Supple asked about the difference between RM-12 and RS-12 zoning. Kugler said the RM-12 zone allows apartment buildings and the RS-12 is designed toward townhouses. Chait said he understood Ehrhardt's concem about 12 acres of this density not being OPDH. He said he thought that this is the way the Commission will get what it is looking for in terms of neotraditional development that is distinct from the RS-5 and RS-8 zoning that has been done historically. He said the Commission needs to be clear, and make the opportunity available, for the Commission to be able to start to get this new type of zoning it has been looking for. Chait said it is not now on the books without the OPDH. Ehrhardt said she sees the advantage to having the entire parcel OPDH so that the Commission can oversee the whole thing. Kugler said the developer is trying to get this zoned in advance of development, giving other property owners who may be interested in purchasing a lot or investing in the property a better idea of what is going to go on around them. He said they will not be as forewarned if they do not see the actual multi-family zoning in place. Kugler said it is staff's position that if the zoning is granted, but is conditioned on the PDH, the City will have some control over the design and can ensure that the development is consistent with the design concepts in the Comprehensive Plan. Bovbjerg thanked staff for the recommendations,' because the developer's obligations for extending Court Street and the PDH make this kind of rezoning possible. She said the fact that there will be a neighborhood nearby does not bother her so much as far as putting a lot of housing at the edge of town, even though the idea has been to cluster people closer to town. Bovbjerg said that if it is in the recommendation and in the minutes, everyone is on record with this. The motion carried on a vote of 6-0. Planning and Zoning Commission February 5, 1998 Page 10 REZONING/DEVELOPMENT ITEMS: REZ97-0018/SUB97-0030. Public discussion of an application submitted by Walden Wood Associates II LLP, to amend the approved preliminary Sensitive Areas Development Plan and preliminary plat for Lot 51 of Walden Hills, containing 2.9 acres, to permit 25 dwelling units within the OSA-8, Sensitive Areas Overlay Zone located at the northeast comer of Shannon Drive and Irving Avenue. (45-day limitation period waived to February 5, 1998) Kugler said that the minor deficiencies on the plat have been addressed, and the item was ready for a vote. He said the question regarding whether the requirement for the extension of Shannon Drive to the property could be tied to an occupancy permit rather than a building permit to allow the developers to get started with construction was examined. Kugler said staff questioned the Fire Department, the Police Department, Public Works, and HIS, and although the Fire Department felt there may be an increase in response time if the two street connections to the adjoining Walden Wood neighborhood are closed, they were not ovedy concerned and felt it would not excessively impede emergency vehicle access. Kugler said staff recommends that the plat be approved, subject to: 1) the construction and acceptance of Shannon Drive from Rohret Road to its intersection with Irving Avenue prior to the occupancy of any residence on Lot 55 through 67, and extended to the north in front of Lots 68 through 79 prior to the occupancy of those lots, 2) the appearance of the dwellings substantially conforming to the elevations and illustrations submitted by the applicant, and 3) approval of a revised grading plan prior to City Council consideration. Kugler said staff would work with the applicant on the most appropriate method to close off those connections to the adjacent neighborhood to discourage construction traffic from using those streets. Holecek said if the condition is tied to the occupancy permit, the City should be receiving an escrow from the developer for the construction of Shannon Drive in those sections. She added that it would be wdtten in the legal papers. Bovbjerg noted that this is now proposed for a 25-1ot subdivision rather than one lot with 25 freestanding buildings. Bovbjerg asked if the distance between houses was acceptable. Kugler said the separation between the buildings has been reviewed and found to be adequate. He said the overhangs may need to be limited because of the required separation distance. Public discussion: There was none. Public discussion closed. MOTION: Chsit moved to approve REZ97-0018/SUB97-0030, an application submitted by Walden Wood Associates II LLP, to amend the 'approved preliminary Sensitive Areas Development Plan and preliminary plat for Lot 51 of Walden Hills, containing 2.9 acres, to permit 25 dwelling units within the OSA-8, Sensitive Areas Overlay Zone located at the northeast corner of Shannon Drive and Irving Avenue subject to: 1) the construction and acceptance of Shannon Drive from Rohret Road to its intersection with Irving Avenue prior to the occupancy of any residence on Lots 55 through 67, and extended to the north in front of Lots 68 through 79 prior to the occupancy of said Lots 68-79, 2) the appearance of the dwellings substantially conforming to the elevations and illustrations submitted by the Planning and Zoning Commission February 5, 1998 Page 11 applicant, and 3) approval of a revised grading plan prior to City Council consideration. Supple seconded the motion. The motion carried on a vote of 6-0. REZ98-0001/SUB98-0001. Public discussion of an application submitted by Southgate Development Co., on behalf of property owners Dorothy J. Kisner and John W. and Barbare Kennedy, to amend the preliminary OPDH and preliminary plat of Walnut Ridge, Parts 6-9 located at the north terminus of Kennedy Parkway. (45-day limitation period expires March 5, 1998) Kugler said this is a revised PDH plan and preliminary plat for Parts 6-9 of Walnut Ridge. He said that Parts 5-9 were approved in March of 1994, and this plan is substantially the same as that one, with the exception of the removal of two lots. Kugler stated that the alignment of the public streets and the lot lines appear to be identical to the previous plan. Kugler said the preliminary plat for this plan, as well as the grading plan for this development, have expired. He said the Sensitive Areas Ordinance has been adopted since that time and the plat must be re-examined with that consideration. Kugler said there is a stream corridor, a woodland of over two acres, and some areas of critical slopes on the property, so that the Sensitive Areas Ordinance will apply. He said staff is asking the applicant to come back with more information regarding the extent of the slopes, the size of the woodland, and what kind of impact the development, particularly the cul-de-sac area, will have on the woodland area. Kugler said since the base zoning is RR-1, there is a 70% tree retention requirement in the woodland area. He said staff needs more information before proceeding with a review and is recommending deferral. Public discussion: There was none. Public discussion closed. MOTION: Supple moved to defer REZ98-0001/SUB98-0001 to the Planning and Zoning Commission meeting of February 19, 1998. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB7-0027. Public discussion of an application submitted by Frank A. Boyd for a preliminary plat of Boyd's Fashionable Acres, a 11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue. (45-day limitation period waived to February 5, 1998) Kugler stated that this plat meets the technical requirements for approval under the subdivision regulations, and Public Works has now approved the storm water management and drainage plan. Kugler said staff's concerns about open space, access to Rochester Avenue, the need for more right-of-way, and sensitive areas issues have all been addressed. He said more right-of-way is being dedicated along Rochester, and critical slopes in the area and a few trees are being avoided by development, with notes on the plat indicating that those areas will be fenced and protected. Kugler said the applicant has agreed to the dedication of Outlot A as public open space as recommended by the Parks and Recreation Commission. He said the applicant is also willing to dedicate an easement from Mount Vernon Drive to allow public access to the open space. Planning and Zoning Commission February 5, 1998 Page 12 Kugler said staff had previously recommended that the driveway to Lot 1 be removed from the plans. He said the applicant believed from past discussions with staff that he could keep that driveway location, and staff is now removing the condition proposed for the closing of that driveway. In lieu of that, staff is recommending that the driveway be closed in the future if the lot is either subdivided or rezoned and the density increased so there would be more traffic coming out of that lot. Kugler said this one driveway, in the opinion of the Transportation Planner, will not cause any undue safety problems there. He said staff therefore recommends approval of the plat, subject to the removal of the existing driveway from Lot 1 to Rochester Avenue if in the future Lot I is rezoned or subdivided, and subject to the dedication of a 20-foot wide public access easement leading from Outlot A to Mt. Vernon Drive at the time of final plat approval. Ehrhardt asked about the entrance to the public open space and what is a potential park. She said 20 feet would seem to be a minimum, because it goes to a little point and goes between two houses. Ehrhardt asked if a sign could be posted there so people would know it is a public area. She said she would not want her taxes to go toward mowing what is ostensibly someone's back yard. Kugler said the Parks and Recreation Commission was also concerned' about that, and that is why they wanted the access from Mount Vernon Drive. However, Kugler said that the amount of open space required as a result of this development is minimal, and there is nothing the City can do to require that the open space be dedicated. He said it is something the applicant agreed to do. Ehrhardt said that was great, but she wanted to ensure that the entrance feels like a real entrance to a park, rather than going through someone else's yard. Kugler said staff could discuss that with the applicant before City Council review and there is also the final plat to consider, so perhaps something can be done to enhance the entrance. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to approve SUB97-0027, a preliminary plat of Boyd's Fashionable Acres, a 11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue subject to the removal of the existing driveway from Lot I to Rochester Avenue if in the future Lot I is rezoned or subdivided, and subject to the dedication of a 20 foot wide public access easement leading from Outlot A to Mt. Vernon Drive at the time of final plat approval. Shive seconded the motion. Supple said she disagreed about the ddveway to Lot 1, saying that consistency is important. She said the Commission has been consistent about not wanting any accesses onto arterial streets other than the ones that are found to be necessary. Ehrhardt asked how much distance there was between the two access streets. Kugler said there was about 90 feet from the center line of the road to the center line of the driveway and from 50-60 feet from the edge of the driveway to the curb of the street. AMENDMENT TO THE MAIN MOTION: Supple moved to amend the main motion to change the first condition to be "subject to the removal of the existing driveway from Lot I to Rochester Avenue." Ehrhardt seconded the motion. Supple said she feels it is important to remove this driveway to be consistent with past Commission stances. She said it is not reasonable to say that one more driveway won't make much difference, because then there is another driveway and another and then another. Supple Planning and Zoning Commission February 5, 1998 Page 13 said .this one is easily avoided, and she did not think it would create a hardship for the owner of that property. She said it is important to limit the number of accesses onto arterial streets. Shive asked about the size of Lot 1. Kugler said it is a little over one acre. Chait said he did not have a problem with the driveway or with the staff recommendation. Bovbjerg said she agreed with the argument for consistency, but past agreements might be the better principle to honor here. The amendment to the main motion failed on a vote of 2-4, with_ Bovbiera, Chait, Gibson, and Shire votin~i no. The main motion carried on a vote of 4-2, with Ehrhardt and Supple votinq no. VACATION ITEM: VAC98-0001. Public discussion of an application submitted by the City of Iowa City to vacate 0.18 acres of Old Benton Street right-of-way, located north of Benton Street and west of the Iowa River. Miklo said this property was forreedy used as part of Benton Street but is now used as an access drive to Linder Tire and Professional Muffler. He said it is City-owned property, and the City is proposing to vacate a portion of the right-of-way, and exchange this small piece of property for riverfront property to accommodate the River Corridor Trail. Miklo said the City needs to vacate this property to be able to make the exchange. He said staff is therefore recommending approval of the vacation. Holecek said the vacation merely removes the public access easement over the property, but the property still remains in the title of the City. Public discussion: There was none. Public discussion closed. MOTION: Supple moved to approve VAC98-0001, an application submitted by the City of Iowa City to vacate 0.18 acres of Old Benton Street right.of-way, located north of Benton Street and west of the Iowa River. Gibson seconded the motion. The motion carried on a vote of 6-0. ANNEXATION ITEM: ANN98-0001. Public discussion of an application submitted by the Clarence Jacobs and Bernice Jacobs Trust to sever (de-annex) 78 acres of property located south of Highway 6 in the northwest comer of the corporate limits. Miklo said this property is outside the area that the City can serve with the sanitary sewer service in a gravity flow matter. He said the City has an agreement with the City of Coralville that this area would be de-annexed by Iowa City and annexed into Coralville, and this is also contained in the Comprehensive Plan. Miklo said staff is therefore recommending approval of this de-annexation. Supple asked if there were any possibility that this would not be annexed by Coralville. He said this recommendation would be subject to annexation by Coralville, so if Coralville does not annex, the property would still be part of Iowa City. Planning and Zoning Commission February 5, 1998 Page 14 Public discussion: There was none. Public discussion closed. MOTION: Supple moved to approve ANN98-O001, an application submitted by the Clarence Jacobs and Bernice Jacobs Trust to sever (de-annex) 78 acres of property located south of Highway 6 in the northwest corner of the corporate limits, subject to its annexation by the City of Coralville. Chait seconded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE JANUARY 15, 1998 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Shive moved to approve the January 15, 1998 minutes of the Planning and Zoning Commission, as written. Ehrhardt seconded the motion. The motion carried on a vote of 5-0-1. with Gibson abstainin(3 due to absence. OTHER BUSINESS: Miklo said the next informal meeting was scheduled for February 16, a City holiday. He cited the items that would probably be on the agenda for the next meeting. The consensus of the Commission was to cancel the February 16 informal meeting. ELECTION OF OFFICERS: Holecek said she believed the by-laws do not hold the election of officers to a specific date but specify the first meeting in February or at the earliest possible convenience thereafter. MOTION: Gibson moved to rc elect Starr as Chair of the Planning and Zoning Commission, Bovbjerg as Vice-Chair, and Supple as Secretary. Shive seconded the motion. The motion carried on a vote of 6-0. PLANNING AND ZONING COMMISSION INFORMATION: Chait said he would like feedback with regard to whether Commission members are all on the same page on the neighborhood design concepts. He asked if one of the possibilities the Commission is looking at is to have a map that is a zoning guide. Miklo said staff is looking at that possibility and may be rewriting the zoning ordinance in the next couple of years based on these principles. He said until then, the planned development process must be used, and said he thought it could work adequately. Chait said he thought that the Commission does not need to make a hard right turn when that comes about, that the Commission can have a transition to that way of thinking in the meantime. Bovbjerg said there is a wariness about giving people development rights or certain zoning without knowing what will happen to the property. She said with a relatively consistent transition and with the PDH in place, there could be flexibility as well as the mix that the Commission may want. Chait said he agreed that the Commission is concerned about granting development rights without having control over them. He said the distinction he is making is that the Commission can grant these development rights and designate what they expect in return. Planning and Zoning Commission February 5, 1998 Page 15 Miklo~said in general, when a request is made for a higher density and it is being tied to the Comprehensive Plan, Conditional Zoning Agreements should probably be very specific and state that the density will be based on the principles outlined in the Comprehensive Plan to make it clear to anyone who might buy the property that there are expectations that go with that zoning. ADJOURNMENT: The meeting was adjourned at 9:42 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte. IOWA CITY PLANNING AND ZONING COMMISSION MEETING THURSDAY, FEBRUARY S, 1998 ~ 7.'30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET 10. 11. 12. 13. l& 15 16. 1Z 18. MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, JANUARY 21, 1998 CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cortney Daniels, Barbara Endel, Lori Goetsch, Richard Hoppin, Dan Mascal, Tom Riley, Lynn Rose, 'Larry Wilson Gretchen Grimm, Joe Kral, David Thayer Brad Neumann, Anne Schulte MEMBERS ABSENT: STAFF PRESENT: CAI L TO ORDER: Chairperson Daniels called the meeting to order at 5:30 p,m, PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGFNDA: There was none. CONSIDF:RATION OF THE MINUTES OF THE DECFMBFR 17. 1997 MEFTING: Wilson and Hoppin both said that their names should appear among the list of those present at the meeting. MOTION: Goetsch moved to approve the minutes from the December 17, 1997 meeting as amended. Rose seconded the motion. The motion carried on a vote of 8-0. REPORT FROM NOMINATING COMMITTEE: Hoppin said the committee proposed Daniels as the nominee for Chairperson and Riley as the nominee for Vice-Chair. MOTION: Wilson moved that nominations cease. Mascal seconded the motion. The motion carried on a vote of 8-0. MOTION: Wilson moved to accept the nominations proposed by the nominating committee. Goetsch seconded the motion. The motion carried on a vote of 8-0. Riley asked about the specific duties of the Vice-Chair. Daniels said the Vice-Chair essentially provided coverage for the Chairperson. She stated that the term would be for one year. Wilson commended Daniels on doing a fine job as Chairperson and said he was looking forward to another good year. PRESENT CERTIFICATE OF APPRECIATION TO KEN FEARING: Neumann said he would present the certificate to Fearing. UPDATF ON IOWA CITY PENINSULA JOINT COMMITTEE: Neumann said the joint committee, with participants from the Riverfront and Natural Areas Commission, the Parks and Recreation Commission, the Regional Trails and Bicycling Committee, JCCOG, and the Coralville Parks and Recreation Commission, had its initial meeting on January 6, 1998. He said the joint committee came up with lots of ideas for the lower peninsula and that staff was in the process of categorizing the ideas for the next meeting. Neumann said the committee would have its next meeting on January 27. Neumann said the upper peninsula is the area to be developed. He showed the lower peninsula on a map of the City and added that it would be tied in to the upper peninsula through a trail system. Neumann added that the City Council has informally approved the concept plan for the land surrounding the water plant. Daniels said she thought the committee meeting consisted of a broad discussion regarding how to use the land thematically so that there will be continuity between what happens at the water plan site and what happens at the lower peninsula. Goetsch stated that the committee agreed to attempt to minimize the disruption of the site. Daniels agreed that the committee discouraged active uses and felt that too many uses would make the land the equivalent of a park. Goetsch said some of the suggested uses included the planting of prairie grasses, installing picnic tables, and walking trails. Neumann said staff would be drafting memos to those responsible for the various aspects of the project to ensure consideration of the trail to the lower peninsula as well as other items in the transition area. Neumann said that the project would be under the purview of the Parks and Recreation Commission, which will ultimately choose the design for the park and will budget the money for it. He suggested the Commission send a letter to the City Council if it had concerns about the process. Daniels asked to receive copies of the memos regarding the peninsula when they become available. Neumann said he would send them to her. Wilson said the committee came up with many good ideas for the possible use of the land, although he felt it would be difficult to have all of the uses on this one piece of land. He added that it would be important to buffer the housing development from the other property. Wilson said he was concerned that the land would be parceled out and not dealt with comprehensively and that the potential of the land would therefore not be realized. He stated that the land should have a designated purpose. Mascal said he agreed with Wilson that the property is unique in Iowa City and should not be harmed any farther. Daniels said the Riverfront and Natural Areas Commission has the strongest voice regarding the property because it contains woodlands, trails, and streams, and the RNAC has been discussing the project for two years. She added that she felt the Commission should write a letter to the City Council raising concerns about the property's use and stating that the Commission feels strongly about what the appropriate vision for that area should be. Endel said she did not see the Parks and Recreation Commission's relationship as an adversarial one. Wilson and Riley agreed that it was not adversarial. Endel said that the Parks and Recreation Commission listens dutifully to reports from the Riverfront and Natural Areas Commission. She added that the Parks and Recreation Commission would not want to see the area turned into soccer fields but envisions the land use as something broad-based. Wilson said that architects of major buildings, who do not necessarily have the same concept of buffering as others and view buffering as a secondary consideration, often do housing projects. He added that this is a once in a lifetime opportunity to deal with the property, and he hoped the firm selected to do the development portion would be truly sensitive to site planning and realize how important the buffer would be. Daniels proposed a joint meeting with the Parks and Recreations Commission and the Riverfront and Natural Areas Commission to discuss the peninsula. Neumann suggested writing a letter to the City Council voicing any concerns. He asked Endel if the Parks and Recreation Commission had discussed this issue, and Endel responded that they had done so only briefly - that it is not yet on the agenda of that Commission but would be discussed in March or April. Daniels stated that it is important to have a vision of the complete concept. Wilson suggested lobbying for a consultant for the vision plan in the letter to the City Council. Endel stated that if RNAC sent a letter to the City Council and Terry Trueblood expressing its concerns and attended the Parks and Recreation Commission's meetings, then that Commission would give the matter its full attention and consideration. Neumann suggested that the Parks and Recreation Commission would have different members when the plan comes to fruition. Wilson said that is why it is important to have a vision plan - to ensure continuity. Wilson asked about the service roads that connect the wells. Neumann said they would be installed in the area where it would be least expensive. Wilson said Chuck Schmadeke had informed him that he would be open to some changes. Wilson said if the roads will not be built for a couple of years then a plan is needed first. He added that these concerns should be expressed at the next joint meeting to see how other Commission members feel. Daniels suggested waiting until after the next joint meeting to draft a letter to the City Council. She proposed that the joint committee members draft the letter and bring it to the next RNAC meeting for editing and approval. The other Commission members agreed with this plan. UPDATE ON HICKORY HILL PARK TRAIL DEVFLOPMENT: Endel said that the Parks and Recreation Commission held a special meeting regarding these trails. She said there was strong opposition to paving the trails. Endel stated that the Parks and Recreation Commission supports keeping the area natural but had concerns about accessibility. She said the consensus was to make the trails a hard-packed surface that would not be as permanent as pavement. Endel discussed the 40 acres of land relative to t. he expansion of Oakland Cemetery. She said the City was legally bound to have this land for cemetery use. Endel added that only ten of the forty acres can be turned into a cemetery site for the next 150 years. She said the other 30 acres will remain parkland for now; the City is asking the family that donated the 30 acres to rededicate it as park land. SPECIAL EVFNTS SUB-COMMITTFE REPORT: 4 Daniels said the sub-committee met on January 14. She distributed a memo regarding a potential event for the Commission. She suggested that the focus may have to be narrowed because of time constraints. Daniels said she would be contacting Joe Bolkcom about the water festival he is involved with and about possibly having a joint venture. Rose suggested that RNAC could coordinate an event with the County and could focus on urban issues as opposed to the rural issues that the County focuses on. Wilson said that the combined efforts could get more people to attend. Rose agreed that it would maximize resources and bring in publicity. Daniels said she would talk to Joe Bolkcom about a combined event and then call sub- committee members with a report. She said that, at the very least, the RNAC could have a table at the County's event for exposure. Riley said the Corps of Engineers would be willing to make a presentation at such an event. Daniels suggested making a map of the river corridor to highlight special areas. Mascal said that there are many things of archaeological and historical significance along the corridor. Daniels proposed sponsoring an Arbor Day project. She directed Neumann to ask Terry Robinson about having the same kind of project as last year, with a tree giveaway. Daniels added that the plan would need to be ready by March so that publicity can be distributed to the schools that month. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. Pl)dadrnin~mins~RNAC 1-21 .doc MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, JANUARY 22, 1998 -4 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER MEMBERS PRESENT: Deborah Galbraith, Kevin Hanick, Nancy Pudngton, Clara Swan, Terry Trueblood, Lesley Wdght MEMBERS ABSENT: Rick Fosse STAFF PRESENT: Kadn Franklin, Joyce Carroll, Traci Howard OTHERS PRESENT: Bdan Sharp CA! ! TO OR!3FR: Franklin called the meeting to order at 4:05 p.m. INTRODUCTION OF COMMITTFF M!=MB~:RS: Members introduced themselves and said why they are interested in serving on the Committee. Franklin said that she and Carroll will both staff the committee. The City staff members who are part of the committee are included since many of the proposed projects could be associated with public works or parks and recreation projects. (Hanick arrived at 4:17 p.m.) APPOINTMFNT OF A T!=MPORARY CHAIRPI=RSON: After some discussion, Hanick suggested that staff act as the temporary chairs until the by-laws are adopted and Committee members have a chance to get to know one another. Franklin and Carroll agreed to chair the Committee until the by-laws are adopted. PUR!IC ~ISCUSSION OF ANYITFM NOT ON THF AGFN~A: There was none. DISCUSSION OF DRAFT BY-LAWS: Franklin said that the proposed by-laws are a standard format for all City Boards and Commissions, but the Committee could tailor their by-laws if they chose to. She said that once the Committee adopts the by-laws, they will be forwarded to the City Council Rules Committee for approval before being adopted by the Council. She said that the Commission could not tinker with the items regarding compensation, absences or conflict of interest. She said that Article VI of the by-laws is the most pertinent to the Committee. Hanick asked where the seven sections under Article VI came from. Franklin said those came from the resolution that established the Committee. Hanick asked if the list of Committee powers and duties included aspects of other communities' PUBLIC ART ADVISORY COMMITTEE MINUTES JANUARY'22, 1998-4 P.M. ... PAGE 2 public art programs. Purington said the document forwarded to the City by the Chamber of Commerce included items and issues from other programs and these features were included in the list of powers and duties. Galbraith asked for some clarification of the committee description included in the packet. Franklin said the Committee will not be tested against the description; the description was intended to give one a general idea of the purpose of the Committee. Wright asked if they should specify that a Committee member could serve more than one term. Hanick said he did not serve more than two terms with the Histodc Preservation Commission. Franklin said the allowed term limits fluctuates with the Council, and it is often a political issue. She suggested not including that item in the by- laws. Hanick said with the staggered terms of one year, two years and three years that Galbraith, Wdght and himself are starting with, he thought that one one-year term would be too short for someone to serve on a new Committee. He said most Board and Commission members are almost always reappointed for a second term, but not a third term, and it also depends on how many other people are interested in serving on the Board or Commission. The Committee decided not to address term limits. In response to discussion of the need for a secretary, Franklin explained the process of minutes. Swan said that it would be good for the Chairperson to look over the minutes before they are sent out to make sure the information is correct. Franklin said that the by-laws indicate the Committee will meet monthly. She said they could specify when they would meet, or just leave it open. She noted that the Committee can meet more than once a month if necessary, and probably will have to at first because it will be important to identify a project for FY99..Hanick asked what the Committee's funding calendar was. Franklin said the budget for Fiscal Year 1999 goes from July 1, 1998 to June 30, 1999, and the Council has proposed a budget of $100,000. She said the process of integrating.art into a project will be more difficult in this first year because by January, a project is usually already three months into the design, and the Committee still has to choose a project. She noted that there are already some projects out in the community that are available for the Committee to consider. Members discussed what meeting dates and times would work for them. Franklin suggested that the by-laws state only that the group will meet monthly, and that way they would not have to amend the by-laws each time the committee changed the meeting date. Trueblood noted that monthly meetings can also be canceled. Trueblood asked about the Committee's place in the political process, meaning would the Committee solely determine where the art would be located or would their decisions be subject to Council approval. Franklin stressed the importance of keeping the committee out of the political process to avoid censorship. Selecting artists, designers and locations, are subjective judgments which should be kept out of the political process as much as possible. She said the proposal is to not require Council approval in the specific art project decision making process. Wright asked if the public art had to be placed on city-owned property, and what qualified as a "public" place. Trueblood said he thought the intent of the program was to place the art on city-owned property. Franklin agreed but said she did not think the art PUBLIC ART ADVISORY COMMITTEE MINUTES JANUARY 22, 1998 - 4 P.M. PAGE 3 had to be placed on city property as long as the Committee has a contractual agreement with the entity or property owner where the art would be placed. Franklin explained about a city sculpture that was placed on University-owned property for years. She advocated placement of the sculpture on city-owned property so people become accustomed to the city owning art. Wdght asked about the Committee's oversight. Franklin said the Committee will have oversight on what the city owns in terms of public art. For example, if the Old Capitol Mall wanted to create a display with city-owned public art, the Committee would have oversight on the project. She said that the Committee would have oversight on public art that a pdvate entity puts on public ground, but would not have oversight on art that a private entity places on private properly. She said that public art must also be accessible to the public. Wdght asked if that included art placed indoors. Franklin said yes. Purington said that there is outlines most of the ideas Committee members watch it a public art videotape called 'Penny on the Dollar" that and issues regarding public art. She suggested that at a meeting or check it out from Franklin on their own. Galbraith said that Article VI, Section seven was very vague because there was not a specified timeline to develop the Public Art Plan for Iowa City. Franklin said that item came from reading materials from the City of Phoenix, AZ, that did a great job creating a public art plan. Franklin said she would not suggest putting a timeline in the by-laws. Purington suggested creating a mission statement for the Committee to follow. Hanick suggested creating a more structured plan or outline of the Committee's priorities. He asked for a current inventory of city-owned public art, including where the pieces are placed, how long they have been there and their current condition so members know where they are starting from. It was agreed to add Section eight under Article VI to read 'To create and maintain an inventory of public art". Wright said another duty could be to pdodfize the use of public art. Franklin explained that the by-laws should not include tasks. Trueblood asked if the inventory should just include city-owned pieces, or include all public art. Hanick said the Committee should build both inventories. Franklin said the Committee would be responsible only for the art pieces that they have control over, those which are city-owned or are on city property. Wdght said she thought it would be helpful to have a list of all public art pieces in Iowa City. Wright asked if the Committee would be responsible for developing the site for each art piece and hidng people to place the art. Franklin said that would be an issue that they would have to wrestle with. Franklin said that the Committee's duties regarding overseeing the maintenance and disposition of art in Article VI, Section five include creating a procedure for addressing maintenance, when the maintenance will come into play, if the maintenance costs will come out of the $100,000 proposed budget, etc. Committee members changed the wording of Article VI, Section five to "To develop policies and procedures regarding maintenance and disposition of art." Members changed Article VI, Section four to read, "To accept and reject gifts and loans of art," and Article VI, Section six to read, 'To determine and manage expenditures of the Public Art Program budget." PUBLIC ART ADVISORY COMMI'!'rEE MINUTES JANUARY 22, 1998 - 4 P.M. PAGE 4 Franklin said that in Article VII, Section four, the annual report would probably be used by this Committee as a public relations tool. Swan suggested adding the words, "and staff representative" to the annual report section, so the Chairperson is not required to do all the work. It was felt that staff assistance was understood. In Article VIII, Galbraith asked if they could include members of the public with expertise in specific areas in the subcommittees. Franklin noted the current language that stated '... composition, duties and terms shall by designated by the Chairperson" would leave that option open. Galbraith suggested forming a by-laws subcommittee in the future that would consider and revisit the by-laws to update them. Franklin said she would provide a revised copy of the by-laws for Committee members to vote on at their February meeting. !31SCUSSION OF PROPOSI=D WORK PROGRAM: Franklin said one of the biggest issues will be discussing and deciding on a project for FY99. Franklin said she and Carroll want to create an inventory of potential public art sites in Iowa City. A city map was provided to each Committee member, and they were asked to mark what they feel are potential locations for public art. and bdng the suggestions to meetings. Franklin said staff would keep a list of the suggested sites. Franklin said they would discuss the mural project at the next meeting. Franklin noted the list of capital projects included in the agenda packet that are on the docket for next year. She suggested starting with project number 229 because those are individual projects instead of a project with an annual allocation. She said one of the big projects for the remainder of. this fiscal year and for future years is the downtown streetscape revision. She said that Purington worked from October, 1997, to December, 1997, with the consultants for the Iowa Avenue and Downtown streetscape projects because there were potential public art opportunities with the project. Franklin said that in the streetscape budget, money has been set aside for physical supports for sculpture placement downtown, so the Committee needs to look at potential sites. Purington noted that she also worked with the Downtown Streetscape Committee, so the recommendations are not solely hers, but are those of the Committee. Franklin said she and Carroll came up with the other work program items because they felt those things needed to be addressed. She said that the list is in no way fixed, and she asked members to look at the list between now and the next meeting, and bring their feedback to the next meeting. DISCUSSION OF FY99 PROJ!=CT: The discussion was moved until the next meeting so members could look over their materials and prepare some feedback. PRI=SI=NTATION OF CAPITAl PROJFCT PROCI=SS: Franklin said it would be better to move the presentation to the next meeting, so both Fosse and Trueblood could present their parts. PUBLIC ART ADVISORY COMMITTEE MINUTES JANUARY 22, 1998 - 4 P.M. PAGE 5 R!=T TIMF FOR NFXT M!=FTIN~: The next meeting was set for Wednesday, February 4, 1998, at 3:30 p.m. Franklin handed out the city maps and asked members to start thinking about potential public art locations. She asked members to think about or draft a mission statement before the next meeting. Franklin said the Iowa Arts Council is putting on a conference in March that has two sessions on public art. Galbraith said that she would be attending. Franklin encouraged any members who were interested to go. She said that the Committee needs to decide if they would like to use their budgeted money for networking aad educational efforts. Hanick asked if anyone 'had information on the interactive fountain proposed for the plaza area. Pudngton said that was proposed by the Downtown Streetscape Committee, and there is a similar one in Portland, OR. Franklin said Portland has a vadety of water fountains throughout the city. AnJOURNMFNT: The meeting was adjoumed at 5:30 p.m. Minutes submitted by Traci Howard. plxIdir~ins~art1-22.doc POLICE CITIZENS REVIEW BOARD MINUTES - February 5, 1998 Engineering Conference Room CAI.I. TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Also present, City Clerk Marian Karr and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by M. Raymond and seconded by P. Farrant to adopt Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None MEDIATION PROCESS The draft copies of mediation documents presented at the last meeting were discussed. It was agreed: · After a complaint is filed in the City Clerk's office, the initial PCRB letter offering formal mediation would be sent immediately. · If the complainant expresses interest in the mediation process, then staff will send them a packet of mediation information, which will include a second mediation form letter, a copy of the PCRB Policies/Procedures and Guidelines, together with a copy of the Consent to Mediate. · At the same time this packet is being sent to the complainant, a similar packet will be sent to the Police Chief, together with the '~etter to Chief" form letter. Once these documents have been approved by the Board, they will be forwarded to the City Council. Staff was directed to make changes to the documents as discussed, to include adding a '~preamble" to the Policies and Procedures and to create the second mediation form letter. The bio-surnmaries will be furnished to the Board when all have been received. The Board agreed these bio-summaries should be made available in the packet to the complainant when he/she expresses an interest in formal mediation. If they wish to enter into · PCRB - 2/5/98 Minutes Page 2 M~ETING SCII~DULE EXECUTIVE SESSION formal mediation, they would then note their choice of mediator on the consent form. Arrangements from that point would be made by PCRB sta~. Meeting dates: · February9, 1998- 11:30A. M.-l:30P.M. · February25, 1998- 11:30A. M.-I:30P.M. L. Cohen requested that the February 9 agenda include a discussion and possible format changes of the PCRB complaint form. Further meetings will be scheduled at the February 9, 1998 meeting. To discuss PCRB Complaints 97-2, 97-3, 97-4, 97-5, 97-6 and 97- 7, Motion by P. Farrant and seconded by J. Watson to adjourn to executive session based on 21.5(g) of the Code of Iowa to avoid disclosure of specific law enforcement matters, such as current or proposed investigations, and 22.7(5) of the Code of Iowa requ'u'ing peace officers investigative reports be kept confidential. Motion carried, 5/0, all members present. Meeting adjourned at 7:40 P.M. Meeting resumed at 8:55 P.M. Motion to adjourn by M. Raymond and seconded by L. Cohen. Motion carried, 5/0, all members present. Meeting adjourned at 8:56 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - February 9, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 11:30 A.M. A~rENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Also present, Legal Co-n-~el Doug Russell, City Clerk Marian Karr and Administrative Assistant S. Bauer. RECOMMENDATION TO COUNCIL · Receive PCRB Report on Complaint 97-4; · Receive PCRB Report on Complaint 97-5; · Receive PCRB Report on Complaint 97-6. MEDIATION PROCESS Discussion was held regarding additional changes in mediation documents. Motion by M. Raymond and seconded by L. Cohen to defer adoption of mediation documents. Motion carried, 5/0, all - members present. Staff was directed to make changes in Policies/Procedures, Guidelines and form letters for next meeting. COMPLAINT FORM L. Cohen distributed a form (Citizen Complaint Form, Iowa City Police Department) which was brought to her attention by a citizen. Because this form suggests an ambiguity/similarity with the PCRB Citizens Complaint Form, staff was directed to request a representative from the Police Department attend the February 25 meeting to address and clarify the Police Department's policies and procedures for handling these types of complaint forms and how and when each should be used. MEETING SCHEDULF~ The PCRB complaint form modifications and amendments will be discussed further at a later date. Future meeting dates: · February 17, 1998 - 7:00 P.M.-9:00 P.M. · February 25, 1998 - 11:30 A.M.-l:30 P.M. · March 4, 1998 - 7:00 P.M.-9:00 P.M. · March 11, 1998 - 7:00 P.M.-9:00 P.M. PCRB - 2/9/98 Minutes Page 2 EXECIYrlVE SESSION ADJOURNMENT To discuss PCRB Complaints 97-2, 97-3, 97-4, 97-5, 97-6 and 97- -~, Motion was made by M. Raymond and seconded by J. Watson to adjourn into Executive session based upon 21.5(g) of the Code of Iowa to avoid disclosure of specific law enforcement matters, such as current or proposed investigations and 22.7(5) of the Code of Iowa requiring peace officer's investigative reports be kept confidential. Motion carried, 5/0, all members present. Meeting adjourned at 12:10 P.M. Regular meeting resumed at 1:40 P.M. The Board realized they had not ratified in open session the level of review chosen to investigate PCRB Complaints 97-2 and 97-7. Motion was therefore made by M. Raymond and seconded by L. Cohen that such review was investigated at level 8.8.7 B. 1 .Co)(d)(e) of the PCRB Ordinance. Motion carried, 5/0, all members present. Motion.by M. Raymond and seconded by P. Farrant to adopt the PCRB Public Report on Complaint 97-4, 97-5, and 97-6 and forward to the City Council, Complainant, Police Officer, Chief of Police and City Manager. Motion carried, 510, all members present. Motion for adjournment by M. Raymond and seconded by L. Cohen. Motion carried, 5/0, all members present. Meeting adjourned at 1:45 P.M. PCRB PUBLIC REPORT TO THE CITY COUNCIL IRe:~ lnve.stigafi0n of 0omplaint?c'RB97~4.'" :"' '" · : "" ......... This is the Report of the Police Citizens Review Board's review of the investigation of Complaint PCRB97-4. BOARD'S RESPONSIBILITY Under Ordinance § 8-8-7(B), the Board's job is to review the Chief's Report of the investigation of the complaint. The Ordinance requires the Board to apply a "reasonable basis" standard of review to the Chief's Report, and to "give deference to the...Report because of the Police Chief's ...professional expertise." Ordinance § 8-8-7(B)(2). While the Ordinance directs the Board to make "findings of fact," it also requires that we recommend that the Police Chief reverse or modify his findings only if those findings are "unsupported by substantial evidence," if they are "unreasonable, arbitrary, or capricious," or if they are "contrary to a Police Department policy or practice, or any Federal, State, or local law." Ordinance §8-8-7(B)(2)(a), Co), (c). BOARD'S PROCEDURE On November 17, 1997, this Complaint was received at the Office of the City Clerk. Pursuant to Ordinance 97-3792 (the "Ordinance"), § 8-8-5, the Complaint was referred to the Police Chief for investigation. The Police Chief prepared a Report to the Board (the "Chief's Report") which was completed and submitted on December 17, 1997. The Board voted to review the Complaint in accordance with Ordinance §8-8-7(B)(1)(e). The Board met on December 23, 1997; January 7, 8, 23, 29, 1998; and February 5, 9, 1998 to consider the Chief's Report. FINDINGS OF FACT This Complaint arises out of a situation that also gave rise to Complaint 97-6. In November 1997, the complainant's son was arrested and brought to the Johnson County Jail. The complainant alleges that while she was waiting with her daughter-in-law for her son to be released on bail, the officer who is the subject of this Complaint videotaped the complainant while she was waiting and again as she was leaving in her car. All witnesses agree 2 that Some videotaping took place. The complainant claims that this videotaping violated her civil rights, that it was done in an attempt to harass and intimidate her and her family, and that it was done to incite her son. The Complaint was referred to the Police Chief, who ordered an investigation of the Complaint. The investigator interviewed several witnesses, including the officer who did the videotaping, another officer present at the time, the Johnson County deputies present at the time, and the jail control operator. The complainant's son was also interviewed. The Board, in addition to reviewing the Chief's Report, has reviewed the videotape. The Board also received letters on January 14, 1998 and January 27, 1998 from complainant regarding her complaint. CONCI.USIONS The Chief's Report concluded that the videotape was prepared because, based on prior experience with the complainant's son, the officer was concerned that allegations of misconduct were likely to be made against him after the arrest, and the officer wanted to document the circumstances of the an'est. The Report concluded that the purpose ofvideotaping the complainant briefly was to note that she was not traumatized, not to harass or upset her or to incite her son. This conclusion is consistent with the contents of the videotape viewed by the Board, is supported by substantial evidence, and is not arbitrary or capricious. The Chief's Report further concluded, based on a memo prepared by the City Attomey's office, that videotaping the complainant in a public place was not a violation of her civil rights. The Chief's conclusion that the videotaping did not violate the law, which was based on this memo, is not unreasonable, arbitrary, or capricious. Accordingly, the Complaint is NOT SUSTAINED. COMlVlENTS The Department may wish to consider the preparation of a guideline or policy clarifying under what circumstances videotaping is necessary or appropriate. DATED: February 9, 1998. PCRB PUBLIC REPORT TO THE CITY COUNCIL ["R'~'ii"' ~ i:..:.!:r~vestig~ti~n;01~ Complaint PCRB97;-5.. · " ...... This is the Report of the Police Citizens Review Board's review of the investigation of Complaint PCRB97-5. BOARD'S RESPONSIBII,ITY Under Ordinance 8-8-7(B), the Board's job is to review the Chief's Report of the investigation of the Complaint. The Ordinance requires the Board to apply a "reasonable basis" standard of review to the Chief's Report, and to "give deference to the...Report because of the Police Chief's...professional expertise." Ordinance 8-8-7(B)(2). While the Ordinance directs the Board to make "findings of fact," it also requires that we recommend that the Police Chief reverse or modify his findings only if those findings are "unsupported by substantial evidence," if they are "unreasonable, arbitrary, or capricious," or if they are "contrary to a Police Department policy or practice or any Federal, State, or local law." Ordinance 8-8-7(B)(2)(a),(b),(c). BOARD'S PROCEDURE On November 24, 1997, this Complaint was received at the Office of the City Clerk. Pursuant to Ordinance 97-3792 (the "Ordinance"), 8-8-5, the Complaint was referred to the Police Chief for investigation. The Police Chief prepared a Report to the Board (the "Chief's Report"), which was completed and submitted on December 23, 1997. The Board voted to review the Complaint in accordance with Ordinance 8-8-7(B)(1)(e). The Board met on January 7, 8, 23, 29, 1998 and February 5, 9, 1998 to consider the Chief's Report. FINDINGS OF FACT In November 1997, the complainant was arrested for public intoxication and brought to the Johnson County Jail. The complainant was arrested on the porch of a private residence. Police responded to an anonymous call reporting that the complainant had been observed lying on an outside back porch for some time, in cold weather, in an apparently intoxicated · state, possibly holding a baby. The arresting officer and backup officer both identified signs of intoxication exhibited by the complainant: breath odor of alcohol, impaired speech, disorientation, unsteadiness on her feet, vomiting. No baby was found; the caller had apparently mistaken a rolled up sweatshirt for an infant. The complainant was arrested. The complainant alleges that (1) she was arrested on private, not public, property; (2) she was not permitted to prove that she was currently residing at the address where the arrest was made; (3) the arresting officer did not read her her rights; (4) she was forced to take a breath test. Her complaint also alleges that while at the Johnson County Jail, she was subjected to treatment she considered a violation of her rights, including denial of access to a phone, denial of access to a toilet, not being allowed to take asthma medication, not receiving medical attention during an asthma attack, and being placed in a solitary confinement cell with insufficient clothing and blankets. The Complaint was referred to the Chief of Police for investigation. The investigator interviewed the complainant, the arresting officer, and the officer called to provide backup transportation at the time of the arrest. The Board reviewed the Chief's Report on January 7, 1998, and requested additional information about two subjects: (1) the allegation that the complainant was not read her rights, which was not addressed in the Chief's Report, and (2) the general policies governing arrest of a person for public intoxication. The Chief responded to these questions in a memo to the PCRB dated January 15, 1998. The Chief's Report and supplementary memo address the four allegations that fall within the purview of the Iowa City Police Depadment, which are the only parts of this complaint the Board has the authority to address. The complainant has not denied being intoxicated at the time of her arrest. There is no indication that the arresting officer read the complainant her rights. A breath test was administered aRer the complainant's arrest at the Johnson County Jail. The complainant claimed that she felt she had to take the test, but not that she was physically forced to do so. The consent form lists an oral consent to the test. .The test revealed a blood alcohol level of.200. CONC! USlONS A number of the complainant's allegations relate to her treatment while at the Johnson County Jail. While these allegations are serious, they fall outside the jurisdiction of the Iowa City Police Department and are therefore beyond the Board's authority to address. The Iowa City Police Department has forwarded a copy of her Complaint to the Sheriff's Department and she has been referred there to address her concerns about jail operation. Arrest for public intoxication The arrest appears to have been made in accordance with current Iowa City Police Department policy on arrests for public intoxication, and on the basis of state statute 123.46, which addresses public intoxication. The arresting officer and backup officer concurred that the complainant exhibited clear signs of intoxication. The arresting officer had been called to the arrest site by a concerned citizen and the complainant does not deny having been intoxicated. In fact, she had been the subject of a "woman down" call near the Vine tavern a half hour prior to her arrest at the apartment complex. The officer responding to that call had let the complainant go with her friends, who had said they would see to her well-being. At the time of her arrest, she was alone. Arrest on private property While the complainant does not deny being intoxicated, she claims she was arrested in a private, not public, place. Moreover, she claims that, at the time she was arrested for public intoxication, the arresting officer would not permit her to prove that she was actually at her home. The Chief's Report conceded that the arrest took place on private property, but concluded that the complainant's conduct could still violate the public intoxication statute, since it took place in public view. Accordingly, proof that she resided at the house where the arrest took place would not have benefited her. 4 This legal question will be resolved in the complainant's criminal proceeding, but .the Report's conclusion that the arrest was appropriate is not unreasonable, arbitrary, or capricious. Failure to "read rights" In a supplement to the Chief's Report, the Chief indicates that the complainant, after discussing with an attorney at Legal Aid the matter of"reading of rights," indicated to the department investigator that she no longer wished to pursue this part of the Complaint. Consent to breath test The records indicate that the complainant gave oral consent to the breath test at the County Jail. However, she maintains that she felt required to take the test, although not physically compelled to do so. She indicates that she understands the medical reasons for administering the test, but maintains this should have been made clearer to her at the time of administration. The Chief's Report concluded that the administration of a breath test was carried out in accordance with established policy and did not violate the complainant's rights. This conclusion is not unreasonable, arbitrary or capricious. Accordingly, the Complaint is NOT SUSTAINED. COMMENTS The Department might consider further clarifying the policies and procedures governing the arrest and transport of persons cited for public intoxication. The Department should seek assurance that persons released to the custody of the Johnson County Jail routinely receive adequate and appropriate treatment. Some of the complainant's allegations about her treatment at the jail may merit investigation by appropriate authorities. DATED: February 9, 1998 4 PCRB PUBLIC REPORT TO THE CITY COUNCIL !Re: Investigation of Complaint PCRB97-6 This is the Report of the Police Citizens Review Board's review of the investigation of Complaint PCRB97-6. BOARD'S RESPONSIBII,ITY Under Ordinance § 8-8-7(B), the Board's job is to review the Chief's Report of the investigation of the complaint. The Ordinance requires the Board to apply a "reasonable basis" standard of review to the Chief's Report, and to "give deference to the...Report because of the Police Chief's ...professional expertise." Ordinance § 8-8-7(B)(2). While the Ordinance directs the Board to make "findings of fact," it also requires that we recommend that the Police Chief reverse or modify his findings only if those findings are "unsupported by substantial evidence," are "unreasonable, arbitrary, or capricious," or are "contrary to a Police Department policy or practice, or any Federal, State, or local law." Ordinance §8-8-7(B)(2)(a), (b), (c). BOARD'S PROCEDURE On December 1, 1997, this Complaint was received at the Office of the City Clerk. Pursuant to Ordinance 97-3792 (the "Ordinance"), § 8-8-5, the Complaint was referred to the Police Chief for investigation. The Police Chief prepared a Report to the Board (the "Chief's Report") which was completed and submitted on December 23, 1997. The Board voted to review the Complaint in accordance with Ordinance §8-8-7(B)(1)(e). The Board met on January 7, 8, 23, 29, 1998 and February 5 and 9, 1998 to consider the Chief's Report. FINDINGS OF FACT This Complaint arises out of the same situation that gave rise to Complaint 97-4. In November 1997, police officers in several police ears came to the complainant's home to arrest her husband. When the complainant opened her door in response to an officer's knock, the police officers were using a video camera to videotape her and, she claims, one of her children as well. Her husband was not home, and the officers departed. After the officers left, the complainant located her husband and accompanied him to the Iowa City Police Department. She waited there for more than an hour. She complains that she was videotaped while at the police department and at the Johnson County Jail, and as she was leaving the jail in her car. The complainant alleges that the videotaping was done in retaliation because a prior charge against her husband was unsuccessful. She also contends that the arrest of her husband was not legitimate. The Complaint was referred to the Police Chief, who ordered an investigation of the Complaint. The investigator interviewed several witnesses, including the officer who did the videotaping, another officer present at the time, the Johnson County deputies present at the time, the jail control operator, and the complainant's husband. The Board, in addition to reviewing the Chief's Report, has reviewed the videotape. There is minor dispute about the facts here. The complainant alleges that one of her children was videotaped; the Report indicates that no child was videotaped. The complainant alleges that she was videotaped driving away in her car; the officer denies that the family was videotaped leaving the jail. Neither matter has any bearing on the substance of the Complaint. CONCI,USIONS The Chief's Report concluded that the videotape was prepared because, based on prior experience with the complainant's husband, the officer was concerned that allegations of misconduct were likely to be made against him atter the arrest, and the officer wanted to document the circumstances of the arrest. The Report concluded that the purpose ofvideotaping the complainant briefly was to show that she was not upset or distraught. This conclusion is consistent with the contents of the videotape viewed by the Board, is supported by substantial evidence, and is not arbitrary or capricious. The Chief's Report further concluded, based on a memo prepared by the City Attorney's office, that videotaping the complainant in a public place was not a violation of the complainant's civil rights. The Chief's conclusion that the videotaping did not violate the law, which was based on this memo, is not unreasonable, arbitrary, or capricious. 3 The Chief's Report also addressed the allegation that the charge against the complainant's husband, for which he was arrested in November, 1997, was not legitimate. The Chief's Report noted that the information leading to the charge was reviewed by an Assistant County Attorney, who advised that the charge was appropriate, before the complainant's husband was arrested. The Report's conclusion, based on this information, that the Complaint was legitimate and not based on an officer's malice towards the complainant's husband is supported by substantial evidence and is not arbitrary or capricious. Accordingly, the Complaint is NOT SUSTAINED. COMMENTS As noted in the report on PCRB97-4, the Department may wish to consider the preparation of a guideline or policy clarifying under what circumstances videotaping is necessary or appropriate. DATED: February 9, 1998