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HomeMy WebLinkAbout1998-03-24 Bd Comm minutesMINUTES IOWA CITY AIRPORT COMMISSION THURSDAY FEBRUARY 9, 1998 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Pat Foster, Howard Horan, Richard Blum. Mark Anderson STAFF PRESENT: Denms Mitchell Ron O'Neil CALL TO ORDER: Chaixperson Foster called the meeting to order at 5:46 p.m. APPROVAL OF MINUTES: There were no changes or corrections to the minutes of the January 8, 1998 Commission meeting. AUTIIORIZ~,TION OF EXPENDITURES: Blum made a motion to approve the bills. Horan seconded the motion and the motion was approved 4 - 0. PUBLIC HEARING- IOWA CITY FLYING SERVICE LEASE: Foster opened the hearing at 5:51 p.m. No public comments were received. The hearing was closed at 5:52 p.m. ITEMS FOR DISCUSSION/ACTION: a. ACSG project - O'Neil reported that he and Greg Bridget met with Mark Schenkelberg and Bob Niemoth in Ka~n City to discuss the progress of the project. Several details discussed will change the way the project will proceed. Avigation easements instead of no-build easements will be required over developed property in the Runway Protection Zones. Offers have been made on several of the parcels and appraisals have been ordered on several more parcels. The project is proceeding as plannecL b. Iowa City Flying Service lease- Several changes were suggested to the original resolution. The resolution presented at the public hearing listed improvements to be made by ICFS if the lease was to be extended, Listed as possible improvements that ICFS would participate in were new fuel tanks, Airport Terminal renovation, and additional hangar space. Blum wanted clarification on the resolution. Mitchell said the resolution would allow ICFS the first option to negotiate for an additional six-year contract. This would give PS Air, the company interested in purchasing ICFS, an opportunity to have ten years to recover any investment they would make in the Airpo~ This does not guarantee or require the Conumssion to give them a . contma. If the Commission and ICFS could not come to terms, the Commission would open the process to anyone interested in providing F130 services. Horan made a motion for a resolution to allow ICFS the right to be the first to negotiate with the Airport Commission for an additional six-year term at the end of the current lease. which ends in December of 2001. It is contingent upon ICFS committing to making improvements at the Airport. Those improvements will be specified before an additional six-year term would be negotiated. Improvements will be specified by May 1. 1998. Anderson seconded the motion and at roll call vote. the motion passed 4 - 0. with Mascari being absent. Minimum standards - O'Neil developed a draft of minimum standards for the Commission's review. The information was compiled from several sources. Blum commented PS Air should understand that minimum standards are being developed and they, would be required to adhere to the minimum standards. Mascari and Anderson will have the minimum standards ready. for Commission review by April 1, 1998. This will be on the agenda for March. Gordon Aircraft/HLM lease - O'Neil said that he received a letter from HLM that said. flail other things could be worked out with Gordon. they. would like to terminate their lease. The Commission cotfid lease directly to Gordon. O'Neil said ~the HLM lease is terminated. it should be clarified who owns the fuel tank and who has responsibility for maintaining insurance. Blurn said he thought HLM should be let out of their lease and the building should be leased to Gordon on the same terms. except the lease should end at the same time as the FBO lease. Gordon said because of his sublease agreement with HI, M_ they would need his approval to terminate the lease. Horan made a motion to accept HLM's request to terminate the lease and continue to lease to Gordon under the same terms until April 1, 1998. at which time a new lease would be negotiate& Blum seconded the motion. Bemuse the relationship between Gordon and HLM needs to be clarified, Blum suggested tabling the termination request umfl a future meeting Anderson made a motion to extend the business agreement until May 1, 1998. Blum seconded the motion and it passed 4 - 0, with Mascari being absem. Horan and O'Neil will meet with Gordon to discuss the lease before the May meeting North Commercial area - O'Neil said Karin Franklin. City. Planning Director, is in the process of hiring someone to determine the marketability of the property. She indicated that report should be done in the next couple of months. O'Neil said that if the report indicates the property could be be leased, the Commission and Council will have to determine who will develop the property. Hangar space/Shop building renovation - Foster suggested deferring this item until the issue is resolved with the ICFS lease. Fly-in breakfast - August 30, 1998 - Anderson suggested some special advertising be done to let people know this is the 80* year for the Iowa City. Blum said there has been some interest in having an air show at the breakfast. The problem is not being able to charge admission. People will park in areas around the Airport and not pay ff there is a charge. The Commission said they would be interested in pursuing this idea. Blura will follow up on the idea. O'Neil said he was asked by someone from the Johnson County. 4 - H Clubs ~the Commission would be interested in sponsoring their rocket projects. There are two trophies awarded for a total cost of $30.00. O'Neil suggested the winner of the static display division be invited to set up their display at the fly-in breakfast. O'Neil said he did not know if the Commission could be the sponsor. Mitchell will research that. Two Commission members said they would sponsor the trophies if the Commission was not allowed to sponsor them. Bitan said the Commission has always sponsored the paper airplane contest. It is very popular with both kids and adults. He has been responsible for the event as a Commission member. Since this is his last meeting, the Commission will need to make sure someone is responsible for the event. O'Neil said that Blum's wife has been instrumental in managing the contest for several years. Blum said that since he will no longer be on the Commission, he will not have access to the equipment and buildings to coordinate efforts with Sertoma. Mitchell will see ffBlum's position as chairperson of the Airport Zoning Commission would qualify him to operate City vehicles. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: Jones, from ICFS, said would be in favor of the Commission allowing Iowa Jet Services to locate on the Airport, but he would be against them having their own fuel farm Robert Staib presented information to the Commission concerning Iowa Jet Services, a business he would like to base at the Airport. The business would charter jet aircraft. He said he rotends to have at least five aircraft. The corporate headquarters would be m Iowa City.. with aircraft also based m Belle plame and Cedar Rapids. He would need a 120' by 120' hangar to house the aircraft and a maintenance facilitx'. There was discussion on what he would like the Commission to provide and what improvements he would like to see made at the Airport. He said he would like a 5500' runway by December of 1999 and a precision iusmmaent approach. O'Neil said the Master Plan cared for a 5015' runway, but an ILS approach is not possible. He suggested Staib meet with him to discuss what capital improvements are planned in the 1996 Airport Master Plan. COMMISSION MEMBERS' REPORTS: Anderson said some of the items on the agenda reinforce the idea that the Commission should move forward with hiring someone to design the changes to rehabilitate the Airport Terminal. Iowa Jet Services and PS Air both indicated that upgrading the Terminal was an imporant part of their plans. O'Neil will work with Anderson to design a RFP. There was discussion about the walk through gate north of the Terminal Building O'Neil said he applied for a grant from the IDOT to replace that gate and the gate near his office. CHAIRPERSON'S REPORT: Foster presented Blum with a plaque for his 13 years of service to the Airport. All the Commissioners and O'Neil thanked Blum for his service and said his dedication and experience will be missed. ADMINISTRATIVE REPORT: O'Neil said the new T-hangar building is almost complete and is totally rented. It will be occupied on March 1. If it is completed before that date, tenants will be allowed to move in and their February, rent will be pro-rated. Jones, fxom ICFS, said he didn't think it was fair that some of the tenants from the old hangars would be going to new hangars. O'Neil said the Commition would be willing to take control of however many hangars he did not want to have responsibility for. Under the current lease, the Commission pays for the electricity and does the maintenance and ICFS gets about 40% of the rent for the thirty T-hangars north of the entrance road. O'Neil reported on several issues discussed at a meeting with the FAA in Kansas City. He said that overall it was a very productive meeting. Council budget information was included in the Commission's packet of information. SET NEXT MEETING: The next Airport Commission meeting is scheduled for March 12. 1998. at 5:45 p.m. AIIJOURNMENT: The meeting was adjourned at 8:50 p.m. Pat Foster. Chairperson MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING MEETING ROOM A THURSDAY, FEBRUARY 26, 1998 - 5:00 P.M. Members Present: Staff Present: Linda Dellsperger, Stephen Greenleaf, Mary McMurray, Mark Martin, Lisa Parker, Jesse Singerman, Anne Spencer, Jim Swaim(arrived 5:40), Chuck Traw(left 5:30) Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols, Bridget Quinn-Carey CA! L TO ORDER: President Singerman called the meeting to order at 5:05 p.m. APPROVAl OF MINUTFS: The minutes of January 22, 1998 were approved as corrected. Singerman's name was omitted from Members Present. A motion was made and seconded by Parker/Martin. It was approved unanimously. UNFINISHED BUSINESS Building Project: After the presentation to Council Monday night, a decision about placing the project on the ballot has not been formally made, but support and enthsiasm was voiced by council members. Council will meet to discuss the financial strategies needed for such a venture. The Board is in favor of a November ballot. There was discussion regarding the wording of the ballot. Traw stated for the record that Singerman did a great job presenting the Board's position at the recent Council meeting and Martin seconded that vote of confidence. Singerman revisited the issue of finding avenues for public input. Community surveys, public comment, education and focus groups were all recommended as possibilities. Craig explained that we now have an RFP out to select a company to conduct a community survey. One suggestion might be to add questions to the survey regarding the building project. The RFP's are due tomorrow and Craig hopes that the survey could be conducted after Spring break. As firms respond to our questions and give us credentials we may follow up with the company that will do the survey or perhaps choose someone else to do focus groups. Focus groups have been done in the past and Craig will research them. We want reaction to the project and the financial issue as well. The question of cost for this type of survey was raised. Craig reminded the Board that they allocated $12,000 toward the community survey. If we cannot do both surveys for this amount of money, the Board may have to decide from where they want to allocate the extra money needed. ICPL BOARD OF TRUSTEES FEBRUARY 26, 1998 PAGE 2 Martin stated that at the Building Committee meeting on Monday, CenterSpace people should be 'encouraged to do some revising of their vision paper. Craig is looking into the legal aspects of a campaign, including library staff involvement. Singerman asked if the Board wanted to give Craig some guidelines. Traw stated that he would rely on Craig to make appropriate decisions. Craig said she would use funds from the building project budget and if the price was more than $5,000 she would confer with Singerman and Building Committee board members. Martin stated that he felt that the Board's unequivocal enthusiasm for the project and the visionary piece written by Centerspace helped give a shot in the arm to the project and get it off the ground. Parker reported she felt there was solid support from the Chamber's Executive Board. NEW BUSINESS Review of Viewing and listening Policy now called the Media Use Policy. This policy review was scheduled as part of the regular review cycle. In Section 807.4 Craig reported that some staff was uncomfortable with the use of the word "willful." Black explained the intent of the word but said she was comfortable removing it. Singerman agreed. Also, in section 807.4 the language was changed to .."may be billed for amounts up to full repair or replacement cost." With those revisions, Dellspurger moved approval. Martin seconded. Unanimously approved. Review of Copyright Policy. Traw said that we've been through this policy often and he felt that the most important responsibility of the library was informing its patrons. In the section on copyright permission, instead of six months, he recommended the language be changed to "reasonable length of time." Singerman asked about the limitation of two people in viewing. The response was that more than two becomes a public performance. In 814.1 rather than library assuming responsibility, language states that library will inform patrons of the limits which the law places on reproduction and performance. Dellsperger moved approval with the understanding the revised policy will be reviewed by the City Attorney's office. McMurray seconded. All in favor. Calendar for FY99. The calendar reflects the library being open all Sundays. One anomaly is the 4th of July. July 3, the Friday of that weekend, is a City holiday which requires holiday staffing if we are open. The library would then be closed on Saturday and open on Sunday. Singerman asked about Thanksgiving Eve, Christmas Eve and New Years Eve. She asked if we could close the building at 3:00. Craig explained that because it is not an official city holiday, staff would have to use accruals if we didn't provide the option for an eight hour day. Craig suggested closing at 4:00 this year to give people an opportunity to work from seven to four if they chose. Greenleaf approved as amended. Martin seconded. All in favor. ICPL BOARD OF TRUSTEES FEBRUARY 26, 1998 PAGE 3 STAFF REPORTS Announcement of Gates grant. This $27,000 grant will be used to replace the Refnet machines and buy internet workstations for the Children's Room. Internet Information Campaign. The staff continues to work on it. A brochure will be sent to families. We are trying to work out the best way to reach families. Spencer suggested sending it to the Iowa City school district to be included in packets of information for students in the early 'part of the semester. Craig explained that the committee wants it to be more prominent; perhaps with some sort of direct mailing. Classes are being planned. It looks like a lot of things will happen in April during National library Week. Revised Board & Commission application forms. Craig included it to point out that a new section on personal information has been included. Development Office Report: Eckholt reported again on the pleasant surprise of receiving the Gates grant. He expects to have more information by next week about the Spelling Bee. They are moving along and currently have 15 teams. Enrich Iowa. Several news clippings were included in the packet. We currently are in the midst of the Iowa legislative season. Quinn-Carey is chair of Iowa Library Association's Governmental Affairs Committee. There are proposals being made by legislators to do some shifting of funds on a one-time basis that might benefit some libraries in the short term, but not with the long-term assistance needed. There is also danger of reducing funds already designated for certain projects. Staff is monitoring and will alert Board members if their personal efforts are needed. An announcement of an ICN meeting on Internet Policy was included. Any interested Board members may attend. If interested, let Lubaroff know. PRESIDENT'S REPORT Given earlier Statistics The Open Access report was included. report section. It was not ready-for inclusion in last month's statistical ICPL BOARD OF TRUSTEES FEBRUARY 26, 1998 PAGE 4 DISBURSEMENTS Review VISA expenditures for January. Approve disbursements for January. Martin Parker. All in favor. SFT ARFNDA ORDFR FOR MARCH MFFTINC, Appoint committee to evaluate Director. ADJOURNMENT: A motion to adjourn was made at 6:00 pm by Martin/McMurray. All were in favor. MINUTES PLANNING AND ZONING COMMISSION MARCH 5, 1998 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pain Ehrhardt, Dick Gibson, Phil Shive, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, John Yapp, Sarah Holecek, Scott Kugler, Anne Schulte OTHERS PRESENT: Glenn Siders, Nancy Seiberling, William Buss, Larry Wilson, Joni Kinsey, Mike Hodge, Pete Wilson, Mike Dill, Joyce Chiles, Margaret MacDonald, Richard Rhodes, .Bill Arn, Wendelin Guentner, Bud Louis, Larry Schnittjer, Gary Hammers RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of the amendment to Title 14, Chapter 6, "Zoning," Article E, Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone (CN-1)" as written in the February 19, 1998 memorandum from staff and amended to include the words "existing or proposed" after the word "total" and using the figure 1OO for the occupancy load maximum. Recommended, by a vote of 6-0, that if the City Council is in support of doing a study of the entranceways and protection thereof, that they follow up by appointing a task force to facilitate that study and obtain input from a citizen task force. Recommended denial, by a vote of 4-2 with Gibson and Chair voting in favor, of RE797- 0011, an application to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 35 dwelling units for property located at 500 Foster Road, Recommended approval, by a vote of 6-0, of SUB98-000?, a preliminary plat of Galway Hills, a 13.63 acre, eight-lot residential subdivision located on the south side of Melrose Avenue west of West High School, subject to agreements and easements for the provision of sanitary sewer service. Recommended approval, by a vote of 6-0, of RF?98-0007, an application submitted by Newbury Development Company to rezone 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing (OPDH-8) to permit an 80 dwelling unit retirement community located on the south side of Melrose Avenue west of West High School, subject to agreements and easements for the provision of sanitary sewer service and subject to substantial compliance with the OPDH plan and elevation drawings which indicate the building will have masonry trim and hardwood or cementitious board siding. Recommended approval, by a vote of 6-0, of SUB98-0001, a preliminary plat of Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-Iot residential subdivision located at the north terminus of Kennedy Parkway, subject to the approval of a grading plan and a Sensitive Planning and Zoning Commission March 5, 1998 Page 2 Areas' Site Plan prior to Council consideration of the preliminary plat and subject to the recommendation of the Parks and Recreation Commission regarding the Neighborhood Open Space requirements for this development. CALL TO ORDER: Vice-chairperson Bovbjerg called the meeting to order at 7:39 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg announced the following vacancies: one on the Broadband Telecommunications Commission, one on the Animal Control Board, one on the Historic Preservation Commission, and two on the Planning and Zoning Commission. CODE AMENDMENT ITEMS: Public discussion of amendments to Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone (CN-1)" regarding size restrictions on restaurants. Kugler said staff has proposed an ordinance which would implement option four from the February 19, 1998 memorandum. Kugler said the proposed ordinance would basically replace the existing threshold for determining whether or not a restaurant requires a special exception within the CN-1 zone by establishing a maximum occupancy load, rather than a square footage limitation of 2,500 square feet. He said the maximum occupancy load would be established based on an evaluation of the full use of the building, including square footage for seating, kitchen prep area, and storage. Kugler said this would typically be done during the site plan review process and would more closely represent the impact a certain restaurant would have on a neighborhood than the square footage. He said this would not penalize someone for having extra storage area, because it would not affect traffic in the neighborhood as much as an expanded seating area. Kugler said the ordinance lists a range of occupancy loads. He referred to a table in the February 19, 1998 memorandum listing Iowa City restaurants, including a list of restaurants that staff feels would be appropriate in the CN-1 zone, in terms of their scale. Kugler said staff recommends that if the regulations for the CN-1 zone are changed, that an occupancy load of 100 be established as the threshold for determining if a special exception is required. Gibson asked Kugler if occupancy load is a technical term as used in the codes and does not actually apply to the number of guests that may be seated in a restaurant. Kugler confirmed this. Gibson said that although this ordinance would be couched in terms of occupancy, it in fact has an underlying square footage implication based on the way the restaurant will use the proposed square footage. Kugler agreed, saying that this would include areas used by employees for food preparation and storage, although those areas are calculated at a much lower rate than the seating area. Gibson said the occupancy would Planning and Zoning Commission March 5, 1998 Page 3 theretore depend on the mix that a developer proposes. He said the square footage could vary and still satisfy the requirement of the ordinance. Kugler confirmed this. He said that if there are fixed seats in a seating area, then the occupancy load is based on the number of seats, but if there are movable seats, then it is based on the square footage of the seating area. Supple asked if the square footage number would be clear to a user, because it is not mentioned in the ordinance. Kugler said it can be found in the Building Code and anyone filing a site plan will have to have the calculation done. He said one drawback to this approach is that the applicant will need to submit more information at the time of the special exception application. Supple asked if all restaurants in one CN-1 zone cannot exceed 20% of the commercial space. Kugler said that was correct. Supple asked if this were clear from the ordinance. Kugler responded that he thought it was clear. Holecek suggesting adding terminology to the proposed wording regarding the 20% requirement to read, "20% of the total existing or proposed commercial floor area." She said it would clarify the ordinance and provide a reference point to work from. Bovbjerg asked if this would be legally obvious and defensible. Holecek responded that this is how it is already being calculated and defined in practice, and this would make the ordinance more clear. Gibson asked how the ordinance would control the possibility of a restaurant use changing, including the possible change of the mix of uses. Kugler said if the change involves moving walls or fixtures, the developer will have to get a building permit, the floor plan will have to be reviewed, and the occupancy level can be determined. He added that in the case of movable seating, the occupancy level is calculated based on the square footage, so that added seating would not matter, because the occupancy load is still calculated based on the floor area of that seating area. Public discussion: Glenn Siders. 3?5 East Washington Street, said he represented SoUthgate Development. He said he opposed this ordinance, although he had mixed feelings. Siders said he was concerned that the existing restaurants in CN-1 zones were based on square footage, and now there would be a whole new regulation based on occupant load. He said if an owner with a 2,500 square foot restaurant did minor interior remodeling that required a building permit that resulted in a new occupancy load figure of 110, that owner would be forced to go through a special exception process to do that remodeling when he had a legal use to begin with. Siders said he was also concerned that a new restaurant constructed under this ordinance that was granted a special exception could make minor changes and then might be in violation. He said he assumed the owner would have to go back for another special exception. Siders said he would be more comfortable keeping the ordinance with a square footage figure, but allowing for a non-occupiable space. He said the Commission should look at restructuring the existing ordinance to allow that. Kugler said regarding Siders' first concern, there are not existing restaurants in that situation in a CN-1 zone, as most of the restaurants in those zones are smaller or already required a special exception. He stated that the interior space question could be a potential difficulty, but if the remodeling does truly increase the number of potential occupants, then perhaps it should be coming in for a special exception. Kugler said another approach might Planning and Zoning Commission March 5, 1998 Page 4 be f~r an applicant to apply for a special exception for a few more occupants than he is expecting, in order to have a little flexibility. Siders said at some stage in the site plan process, the applicant will need to get a special exception, at which point he will now be forced to draw up a floor plan. He stated that the dimensions do not always work out exactly as on paper, which could change the occupancy load. Siders said it is difficult to have an absolute, final plan at the time of a request for a special exception. Supple asked if the ordinance could read, "2,500 square feet or an occupancy load not to exceed a certain number." Kugler said that would not necessarily resolve the questions raised by Siders. He added that staff is not proposing to allow an unlimited basement storage area, because it could result in all of the non-seating uses ending up in the basement, essentially doubling the size of the seating area. Public discussion closed. MOTION: Supple moved to recommend approval of the amendment to Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone (CN-1)," as written in the February 19, 1998 memorandum from staff and amended to include the words "existing or proposed" after the word "total". Chait seconded the motion. AMENDMI=NT TO THE MAIN MOTION: Gibson moved to amend the main motion to use the figure "100" for the occupancy load. Shire seconded the motion. Gibson said the fundamental issue is that this is an ordinance that does not work and that people have complained about for years. He said this amendment would be more workable and more clear. He said the occupancy-based figure would make more sense. Gibson added that he felt 100 was the best choice, because it is a round number. The amendment to the main motion carried on a vote of 6-0. The main motion carried on a vote of 6-0. Public discussion of the development of an Entranceway Overlay Zone. Yapp said an entranceway overlay zone would be a zone along the entranceways to the City, where different standards, such as landscaping, building and site design, would apply. He said in the past, as properties are rezoned along arterial streets, the City has applied conditional zoning agreements, which apply landscaping, building and site design, and sign standards to those properties. Yapp said an entranceway overlay zone would put some of those standards that the City has been negotiating property by property into an ordinance so that it is clear up front what would be expected for those properties along high visibility and well-traveled roads. Yapp said staff has been doing further research and is at a point where direction is needed as to whether they should move forward with an overlay zone process, during which staff would identify specific areas and work on specific ordinance language, give this issue a lower priority on the pending list, or remove it altogether from the Commission's pending Planning and Zoning Commission March 5, 1998 Page 5 list.'~app showed a map highlighting the high visibility areas that might be affected by an entranceway overlay zone, as well as the most traveled arterial corridors in the City, as determined by traffic counts. Yapp said the original impetus for this issue resulted from concerns with preserving the natural features of properties along the main roads. He said since that time, the City has adopted a Sensitive Areas Ordinance, which largely protects those types of features. Yapp said other entranceway concerns have evolved since then, such as landscaping and building and site design. He said staff would like to hear from the public and the Commission whether there is interest in moving forward with an entranceway overlay zone to address those concerns. Yapp said staff notified a number of groups about this meeting, and there have been articles about this item in the iowa City Press-Citizen and the Cedar Rapids Gazette. He referred to a memo from the Chamber of Commerce, stating that the Chamber is interested in the general idea of improving the entrances into Iowa City, but is concerned that the use of an overlay zone will add an unnecessary layer of restrictions on already developed areas. Yapp said he received a phone call from one person urging City investment in landscaping and trees along North Dubuque as well as financial participation with property owners for improvement of their properties. He said another citizen, Joe Murphy, the owner of Bremers, informed Yapp that he was strongly against new regulations on private property along entranceways and said the only enhancements should be part of public projects. Gibson said with the exception of the Dodge Street corridor, the map shows the rest of the areas to be pretty clean, as far as being somewhat protected from development the City may not want, because the areas are primarily residential. He said the three commercial corridors, aside from Dodge Street which is not as intense as the others, are Highway 6 from the southeast, old Highway 218 from the south, and Highway 1 from the southwest. Yapp said that was correct. He said those roads also contain the properties that the City has been using conditional zoning agreements for. Gibson asked if the Commission has the option of using conditional zoning agreements in these three areas. Yapp pointed out that it could only be done if there is a rezoning. Gibson said these areas are already zoned for these kinds of uses, and Yapp said that was correct. Public discussion: Glenn Siders. :335 East Washington Street, said he was addressing this issue as a representative of the Homebuilders Association of Iowa City. He said he still does not know what their position would be, but felt thev would probably oppose this type of ordinance, although it is difficult to have an opinion when there is nothing in writing yet. Siders said there would be many difficulties in drafting an ordinance of this magnitude. He said to include the things the Commission would like, the ordinance would probably become burdensome and add a severe financial strain to some of the properties. Siders said it would be difficult to write an ordinance to address every issue. He said the current method of conditional zoning agreements has been satisfactory. Siders said he would recommend that, at a minimum, the Commission consider option two from Yapp's February 26, 1998 memorandum and send this back to the City Council to see if it is something the City wants to pursue. Nancy Seiberling. ?09 Black SI;)rings Circle, said Project GREEN started over 30 years ago, and its second project was the North Dubuque Street area. She said visitors coming into Planning and Zoning Commission March 5, 1998 Page 6 the City are seeing it for the first time. Seiberling said over a period of time, Project GREEN volunteers planted trees along the major entrances, such as North Dubuque, Highway 6, Gilbert Street, and Melrose Avenue. She said two of the problems Project GREEN has had is having the cooperation of the City in taking proper care of these plants. Seiberling invited Commission members to come with her on a tour to see what citizens have done to make the entrances of Iowa City very attractive. She said this impetus can be carried on, with citizens working together with the City. Seiberling said the City clearly has to help with upkeep, because those are things in the public domain. She said people who live along these entranceways also enjoy the landscape improvement. Seiberling said perhaps it should be looked at from a different point of view, rather than just asking homeowners who happen to live in these areas to improve their property. She said people from all over should help so they too can participate in welcoming people to the City. Seiberling said it takes everyone to do these things, and they are very important. William Buss. 747 West Benton Street, said Seiberling has done a lot of work in this area for years, and he appreciated it. He said it is extremely important that bodies such as the Planning and Zoning Commission make the commitment for the long view. He said it is very easy to be under the pressures that are important for the immediate considerations and to let the long view go by. Buss said the Comprehensive Plan is very general on this issue, but at least speaks to the point in suggesting that there should be a commitment by the City. He referred to page 18, reading, "Because they become major elements of the landscape, the aesthetics of arterial streets must be considered." Buss said one of the problems for there being relatively little response is because there is not a concrete ordinance proposed to be for or against. He urged the Commission to keep this item on the agenda and move forward in a way that will protect these important interests. Larry Wilson. 308 Koser Avenue, said attention paid to the major arterials leading into the heart of the City can make powerful statements regarding how we care about our City. He said the bulk of the improvements can be within the right-of-way, including such things as planting trees, putting utilities underground, etc. Wilson said these things could be relatively inexpensive, and there can be a combination of City and private contributions. He said as one moves outside of the right-of-way, there might be fewer requirements, and this would put the bulk of requirements on the City. Wilson urged the Commission to consider far enough ahead to define some of these issues and then get input from the citizens. Joni Kinsey. 4?3 Church Street, said she is in favor of developing an entranceway overlay ordinance. She said attention to the appearance of a City is often overlooked in favor of economic issues and the short-term view. Kinsey said the reality is that good design and aesthetics do pay off and do offer a return above and beyond their original cost is often overlooked. Kinsey said Iowa City has made some positive strides in the past few years regarding attention paid to aesthetic issues. She said it is important to attract attention to the City in the wake of Coralville's massive reinvention as well as to capitalize on the things that Iowa City has that are special, including its historic properties. Kinsey said she was attending the meeting as a citizen who specializes in American art and architectural history and also as the President of the Friends of Historic Preservation to encourage the Commission to proceed with this plan. She agreed that it was hard to decide how to feel about this until there is something concrete to see, but until there is something to see, there is nowhere to Planning and Zoning Commission March 5, 1998 Page 7 go With it. Kinsey suggested that a community forum to develop ideas and guidelines might be useful. She added that she would like to see the blue line that indicates where staff feels an overlay zone would be appropriate on Dubuque Street extending farther into town. Public discussion closed. Chait said he would like to see a forum to develop a fusion of vision for an entranceway overlay zone. Ehrhardt asked if this would include different interest groups, and Chait agreed that would be a good idea. Ehrhardt said she would like to go ahead with this. She said that the Comprehensive Plan mentions creating and maintaining attractive entranceways and that the current method is not a safeguard for doing that. Ehrhardt said she was sympathetic to the developers who don't want more regulations, but she believed there could be a happy medium with this issue. She added that there are design methods that are not expensive for the developer that can be very attractive. She described methods like this that she had seen used in Phoenix. Gibson said the City has a lot of very nice entranceways, although there are the three and maybe a fourth one that are marked in black, but even those aren't too badly gone. He added that a good number of the areas along those three entrances to the south and the north are developed already and are probably not a major concern. Gibson said if the City adopts an overlay ordinance, it will apply to wherever the Commission chooses to place it, so that four different ordinances will not have to be written. He said given the extent of development and the relatively small number of areas where this ordinance would be in effect, it would probably not work any severe hardships on anyone in comparison to the benefits that it can provide for the community. Gibson said there will probably be just a few places where it is necessary to be careful about how the ordinance is written, but the overall outcome will be great. He said it would be a shame to pass up this opportunity and said the timing is right. Gibson agreed it would be a good idea to get citizen input. He said he agreed with Siders and others that we don't know what this will be when it's done, so there needs to be a start so that a judgment can be made about the benefits relative to the costs. Supple said she agreed this should not be put aside, but she questioned whether an overlay ordinance is the way to go. She said the Commission has accomplished some similar things with the conditional zoning agreements that it has been approving. She said the conditional zoning agreements have addressed specific things and what the Commission is really looking for is aesthetics. Supple said the task force is a good route to take, and she would like to know, before committing staff to a great deal of time, what the City Council's attitude is, because it will ultimately be the City Council's decision. Shire agreed with Supple that the Commission needs to pursue with the City Council where they would like to go with this. He said if there is a positive response, then incorporate what has been discussed, regarding a task force, etc. Ehrhardt asked if the Commission could make a recommendation to the City Council regarding a task force. Holecek responded that only the City Council may form a task force, but the recommendation could be that the Commission is in favor of studying this further through the mechanism of a task force. Gibson said the two separate issues are whether the Commission should go forward and, if so, whether the Commission should go forward with a task force. He said the Commission was not obligated to ask the City Council what it should do in this regard, but the City Council can read the minutes and inform the Planning and Zoning Commission March 5, 1998 Page 8 commission if it is in favor. Bovbjerg said regardless of what the City Council thinks, if the Planning and Zoning Commission thinks this is important, then that should be the recommendation and the recommendation could include whatever procedure the Commission would like to see followed. Miklo said staff would summarize the Commission's discussion and send a memorandum to the City Council regarding the direction that the Commission would like to follow. Chait said he did not want to go so far as developing an overlay zone, but for now is comfortable exploring a task force to address the concerns of the different elements of the community about the entranceways. He said he wants to examine the concerns that exist as well as to up the standard and preserve the viability of the entranceways into the community. Gibson asked Chait if he was concerned about the outcome in terms of how this is codified. Chait said that step two, the results of the work of the task force, could be an overlay zone or could be some kind of language as is in the Comprehensive Plan, stating the City's commitment. Gibson said it could be a modification of certain zones. Chair said he didn't think there should be a commitment yet until the results are in, but he thought the Commission should recommend to the City Council what the Commission would like to see. Holecek said the Planning and Zoning Commission is charged with doing planning studies either independently or as directed by the City Council. MOTION: Supple moved to recommend that if the City Council is in support of doing a study of the entranceways and protection thereof, that they follow up by appointing a task force to facilitate that study and obtain input from a citizen task force. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. RE7ONING ITEM: RE797-O011. 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 for property located at 500 Foster Road. (45-day limitation period waived to March 5, 1998) Miklo said the applicant submitted a revised plan, which specifies an RS-8 density with 35 dwelling units on approximately 5 acres of land. He said the proposal is now for an OSA-8 zoning, which is planned development. Miklo said the revised plan has a different design for the multi-family dwelling. He said the building would be one foot higher on both the east and west sides and would exceed the 35 foot limit. He said for the planned development process, the Commission has the ability to waive the height limit and approve a building of this sort. Miklo said in this case, exceeding the height limit is a tradeoff in terms of providing more open space on the site. He said the building is now 22 feet longer and four feet wider, but design techniques have been added to make the building more interesting and break up the mass somewhat. Miklo said the duplexes on the site have been slightly redesigned, and one set of duplexes on the site has been eliminated. He stated that the duplexes have been set back farther from Foster Road, and there is no longer a unit with its rear side facing Foster Road. Miklo said the redesign has brought the living space closer to the street so that the garages are not as dominant as in the previous design. Planning and Zoning Commission March 5, 1998 Page 9 Mik[0 stated that the access road has been redesigned and is now proposed for the east side of the Louis house, which would somewhat alleviate traffic concerns in terms of the effect of traffic on the existing townhouses to the west of the property. He said there is now a garden area designated on the west side, which is part of the common open space, and it appears to be much more usable open space. Miklo said there are still concerns about the building mass for this project, but the density is reasonable and the overall quality of the building designs has been improved. He said staff is recommending approval of this approximately 4.46 acres from IDRS to a Sensitive Areas Overlay-8 to allow 35 units at this property at 500 Foster Road, subject to: 1) the applicant submitting a grading plan and construction plan prior to City Council consideration, 2) the applicant providing utility easements for water, sanitary sewer and stormwater sewer; paying the water main extension fee, sidewalk fee (if a sidewalk along Foster Road is required), escrow for right-of-way trees, escrows for other required public improvements, and the fee in lieu of neighborhood open space land dedication prior to administrative approval of the final Sensitive Areas Development Plan, 3) the building footprints and exterior materials and general design being constructed in substantial compliance with the plans submitted with this planned development rezoning request, and 4) a detailed tree protection plan being approved by the City prior to construction. Bovbjerg asked if the design and placement of the golf cart storage structure had been submitted to staff. Miklo said they had been, and he would distribute this information to the Commission. Ehrhardt asked what percentage increase in open space had been gained comparing this to an RS-8 versus an OPDH-8. Miklo said he did not have the figure, but because the majority of the units have been clustered into one large building, that generally indicates more open space on the site. Gibson said that the number of units allowed under either circumstance would be the same. Miklo confirmed that theoretically there could be at least 35 units on this site in an RS-8 zoning. Ehrhardt asked if concerns about the off-site stormwater basin had been resolved, as neighbors had indicated that the previous one was not effective. Miklo said the stormwater facility would be purchased by the developer and would be part of the property. He said the Public Works Department has reviewed the stormwater management plans and signed off on them. He did not know how the old site was designed, but he did not think there was any review of it by the City. Ehrhardt asked what assurances there would be that the Louis home would remain at its original site. Miklo said this is a planned development so the Commission is approving it as is. He said if they were removing the house and adding something else, the applicant would have to come back before the Commission. Public discussion: Mike Hodge. 711 South Gilbert Street, showed elevations of the housing units including the ranch, the two-story plan, the double ranch, and the multi-family building. He said the multi-family building would contain a mixture of brick, stone, stucco, and redwood. Hodge said the multi-family building was originally a four-story design and then went to three stories. He said he went with a flat roof to keep the height of the building down to address the neighbors' concerns. Hodge said he changed the exterior of the building so it would be more compatible with the surrounding neighborhood. He stated that the height difference between the multi-family building and the condominiums to the west is only ten feet. Hodge said the footprint of the multi-family building was increased to keep the units large Planning and Zoning Commission March 5, 1998 Page 10 enough for the people who are interested in living here. He said he did not expect them to be rental units. He added that he had listened to the concerns of the Commission, staff and the neighbors and responded to those concerns. Gibson asked what the average square footage would be for these units. Hodge said they would average between 1,300 and 1,400 square feet. Ehrhardt asked how the open space demarcation from the back yards of the nearby housing would be done so that everyone realized this was a common area. Hodge said it would be done with landscaping. Pete Wilson. 56? Foster Road, said he appreciated receiving the information provided by Hodge. He said Hodge addressed a lot of the concerns, but he also avoided a lot of them. Wilson said the size of the large building is still of concern to the neighbors. He said the building keeps growing in size. Wilson said eliminating duplexes and shifting common areas has not resulted in a net gain. Wilson said he felt this was a planned large-scale apartment with planned duplexes to go with it, but that the focus is not on the duplexes or anyone who lives around the area. He said even the common area does not have enough square footage for the City of Iowa City Recreation Department to say it is adequate. Wilson said he feels strongly about the size of the large building. He said he would rather see more duplexes and elimination or minimization of the multi-family building to keep something that feels like a neighborhood. Wilson said he would like to know how many square feet of open space have been gained or lost and whether the solutions offered will take care of some of these problems. Mike Dill. 57? Foster Road, said he is concerned that people feel this is the last possible open space, and it should hold as much as possible here. He said the multi-family building would be enormous. Dill said there are many other areas in Iowa City to develop, and the City is not in dire straits as far as developable land. Dill requested that the Commission deny this rezoning because there would be too many people in too small an area. He said there would be many more traffic problems arising from this development. Dill said regardless of what happens to this application, the exit for this to come onto Foster Road is at a blind corner and the problem needs to be addressed. He added that there is nowhere for pedestrians to walk on Foster Road. Dill said he believed Hodge would build beautiful residential structures, but he asked that these units be duplexes, which is what would be best for the continuity of the land and neighborhood. Jovce Chiles. 560 Foster Road, said she has lived in this area over 19 years, and she feels this project is proposing a lot of people to put in this small space. She said traffic goes at least 20 to 25 miles per hour over the speed limit here. Chiles said she has seen many accidents here involving deer. She said she was scared about what would happen here with so many people in this small area. Margaret MacDonald. 400 Foster Road, thanked the members of the Commission for the work they have done for the City. She said that time and adjustments for some of the structures have not caused the neighbors to change their focus for the sensitive and beautiful area known as the Peninsula. She said they continue to oppose the high density that is being requested. MacDonald said there is now a considerable amount of traffic on Foster Road and that the Planning end Zoning Commission March 5, 1998 Page 11 add[ti0n of cars for 35 more units will cause an added load. She said compatibility is another strong factor, which admittedly is not easy to acquire given the differences in the structures that are already there. MacDonald said surely small cottage-like residences would blend better with what is already there. She said nowhere on the entire Peninsula is there a building as large as the hotel-like one proposed. MacDonald said the size of the large building has been increased so that it is even less compatible with surrounding structures. MacDonald said the environmental impact of this would be very great, and the construction of the huge building on the steep slopes will cause the sensitive area to be opened up to future problems with drainage and stormwater management. She said she was greatly concerned about stormwater management, because the surface of her land has been disturbed by the loss of trees and small plants resulting from the installation of the 21-inch diameter sewer pipe. MacDonald said her property lies adjacent to and just below where the large building is scheduled to be built. She said she opposes the construction of the large building, because of the environmental impact it will have in the immediate area and on the property below and beyond. Richard Rhodes. :)014 Rochester Avenue, said he appreciated staff's acknowledgement of its error concerning the identification of Kentucky Coffee trees on this site. He said this shows the importance of a good survey of our undeveloped areas for unusual plants, vegetation, and animals. Rhodes said it is much less important to protect a tree like the black locust than it would have been to protect Kentucky Coffee trees. Bill Arn. 6?0 Foster Rd, said he lives on the property to the north of this one. He asked the neighboring condominium owners if they were satisfied with their homes, saying that Louis constructed them. Arn stated that Foster Road would be cemented by the year 2000 at which time it will have sidewalks. Arn said that Louis would not construct anything that didn't conform with what is already there. He said he saw no reason to deny Louis the opportunity to build this housing. Wendelin Guentner. 570 Foster Rd, requested that this rezoning be denied. She said she appreciated Louis' patience regarding this matter as well as the builder's efforts to respond to neighborhood concerns. Guentner said the central question has been ignored; in particular, the high density created by this massive multi-family building. She said information from City staff for the October 16, 1997 meeting stated that "the 24-unit apartment building contrasts from the surrounding and proposed development, primarily in terms of building size, mass and intensity of use." She quoted Commission members at the October 16 meeting saying, "Gibson is concerned about the density as well as the big apartment building and the height of it. Starr agreed with this problem of density. Bovbjerg said she is concerned with the density, especially the bulk and the proposed number of units in the apartment house." From the February 5, 1998 meeting, Guentner read, "Gibson said he was not satisfied with some of the solutions, particularly the height of the building." She read Gibson's statement that a five-story building in that environment did not sit well with him and at a minimum, one story needed to be removed from the building. She said that Supple agreed with Gibson's comments and that Ehrhardt said she was surprised how small the lot was for the building proposed for the space. Guentner said Shive agreed it was important to look at the height requirement for the apartment building and Bovbjerg was concerned about the large Planning and Zoning Commission March 5, 1998 Page 12 building and the density involved there. Guentner said she was confused by the fact that the latest proposal resulted in a bigger building. She said the neighbors are still concerned about the mass, bulk and height of this building and said it creates a building that is out of character with the environment and contrasts with it rather than blending in. In terms of the safety on Foster Road, Guentner said she knew the road would be improved and there will eventually be a sidewalk. She added that the road can only be widened so far, because of the natural configuration of the area there. Guentner said if an additional 245 vehicles trips per day were to be expected, it would add all kinds of problems there. She said she had serious safety concerns. Guenther said she spoke with many of the 35 petition signers who asked her to reiterate their opposition to this rezoning and felt the interests of the community would be best served with respect to safety, preserving the natural environment and conforming to the existing development in the area, by having a lower density of duplexes and fourplexes. She respectfully requested that the development be designed in a manner consonant with the area and with community interests. Bud Louis. 500 Foster Road, said Foster Road will be widened and that any question about Foster Road not being able to hold additional traffic will soon vanish. He added that he built the two nearby buildings purchased by Jean Jew that together are much taller and of more mass than the proposed building. Larry Schnittjer. 1917 South Gilbert, said he worked for MMS Consultants. He said with reference to the stormwater management, the original pond was only constructed by pushing dirt into a ditch and was not intended for a stormwater basin initially. Schnittjer said the new facility will be engineered and will be designed to be much safer than whatever was there before, if it even had a design. In response to MacDonald's comments, Schnittjer said that none of these buildings are on steep slopes, and in fact, the large building would be on a flat piece of ground, with a little slope to the east where it will need to be excavated to bring the driveway in. Regarding traffic concerns, Schnittjer said when the City property and the Glasgow property farther out on Foster Road begin to develop, traffic from this development will not even comprise 10% of what those areas will bring. Regarding open space concerns, Schnittjer said he could put 36 buildings on the site, and there would be very little open space there. He said it is hard to compare open space, because every design is different. Public discussion closed. Miklo said that the City's Capital Improvements Plan proposes to rebuild Foster Road to a 28-foot width next year, including an 8-10 foot wide sidewalk on the south side of the street. He said that would probably go on at the same time as any construction on this site and would probably be done before the entire development was completed. Regarding the neighborhood open space fees to be paid in lieu of land dedication, Miklo said that decision by the Parks and Recreation Commission Director has nothing to do with the quality or amount of open space with this design, but rather with the general location of this property Planning and Zoning Commission March 5, 1998 Page 13 in reiation to the larger neighborhood. It was not an area where open space was wanted, no matter how much was available. Miklo said that the original application was for a density of about ten units per acres, which has now been reduced to about 8 units per acre,. which, according to the zoning ordinance, is a medium density. MOTION: Chait moved to recommend approval of RF797-0011, an application to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 35 dwelling units for property located at 500 Foster Road, subject to: 1) the applicant submitting a grading plan and construction plans for review and approval by the Public Works Department prior to Council consideration of the preliminary Sensitive Areas Development Plan, 2) the applicant providing utility easements for water, sanitary sewer and stormwater sewer and paying the water main extension fee, sidewalk fee (if a sidewalk along Foster Road is required), escrow for right-of-way trees, escrows for other required public improvements, and the fee in lieu of neighborhood open space land dedication prior to administrative approval of the final Sensitive Areas Development Plan, 3) the building footprints and exterior materials for the five duplexes and the 24 unit multi- family residential building being constructed in substantial compliance with the site plan, elevations and floor plans date-stamped February 26, 1998, and 4) the applicant providing a tree protection plan for review and approval prior to administrative approval of the final Sensitive Areas Development Plan. Supple seconded the motion. Ehrhardt said she was opposed to this rezoning. She said the Sensitive Areas Overlay zone says the multi-family building is permitted as long as it is "in scale, massing, and architectural style of the adjacent development." Ehrhardt said she did not feel this large building was compatible with the rest of the neighborhood or the area. Supple said with regard to the latest plan, she liked the open space added to the west side as well as the elevations of the duplexes. She said she was never opposed to the density and feels this land can support this kind of density. Supple said she was, and always has been, opposed to the massive building, and she was also opposed to a private drive onto a street, which, although not an arterial street, will function as an arterial street. Chait said he was not necessarily in favor of the scale of the large building. He acknowledged all of the participants for the high degree of cooperation in the evolution of this project. Chait said Iowa City is not an easy community to develop in because of its high standards and ordinances that support the high standards. He said staff works with incredible detail to resolve technical issues. Chait said the issues of primary concern to him include the commitment from the Planning Department and the Planning and Zoning Commission to support a diversity of housing types in the community. He said staff's memo states that this is not a standard residential subdivision. He said a diversity of housing, such as the duplexes and the larger-scale building offer, is the type of development there will be a lot more of. Chait said he did not know how aware the neighbors are about the development of the peninsula, including 60 to 90 acres to be developed near the Elks Club. He said the Commission's commitment is to examine things in a different way than is currently done, with regard to the nature of the zoning. Chair said the interest is more with the concept of neo-traditional urban design, which contains diversity and mixed uses. He said this is only five acres and there will be much more development in the rest of the Peninsula. Chait said Planning and Zoning Commission March 5, 1998 Page 14 that although he does not agree with the scale of one building, he did agree with the concept of the diversity of the housing types and the nature of the fabric of the community being created. He said he would vote in favor of this rezoning. Shive stated that this project has come a long way from its inception. He said that the duplexes look good, but there is an albatross at the end of the road. Shive said he had a big problem with the huge building, and he would oppose this application for that reason. Bovbjerg agreed with Chait that this has been a long, cooperative process. She said the one thing that bothers her is the density represented by the large building. Bovbjerg said she was also concerned about the traffic onto Foster Road as it is now. Bovbjerg said that something here of a density lower than this could very well be accommodated after Foster Road is built. She said that at this time she could not approve so many people onto Foster Road, which is a dangerous road. Bovbjerg said things may change in the future, but she would be voting against this rezoning. The motion failed on a vote of ;~-4. with Bovbjerg. Fhrhardt. Shive, and Supple voting no. MOTION: Supple moved to recommend denial of RF797-0011, an application to rezone 4.46 acres from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 35 dwelling units for property located at 500 Foster Road. The motion carried on a vote of 4-9. with Chait and Gibson voting no. Miklo said if the applicant requests that this item go before the City Council, the Council would set a public hearing for March 24, 1998. Bovbjerg asked if the neighbors would be informed of that meeting, and Miklo said this would be considered their notification. RE70NING/DFVF! OPMENT ITEMS: SUB98-0002. Public discussion of an application submitted by Dav-Ed Ltd. for a preliminary plat of Galway Hills, a 13.63 acre, eight-lot residential subdivision located on the south side of Melrose Avenue west of West High School. (45-day limitation period expires March 15, 1 998) Miklo said the revised plat for this subdivision was in order for approval. He said staff had recommended a sidewalk easement to connect the Galway Hills Subdivision to West High School in a specific location or an acceptable alternative to be identified by the applicant. Miklo said the applicant is proposing an easement along the north property line of lots in a future phase of Galway Hills, and staff finds it to be an acceptable alternative, although not an ideal one. Miklo referred to a letter from Mary Reiman of the Galway Hills Neighborhood Association encouraging the Commission to require that easement on Lot 117 as part of Galway Hills, rather than in the alternative location. In terms of the sanitary sewer easements and agreements needed, Miklo referred to a letter citing progress in negotiations with the University of Iowa for a potential route for the sanitary sewer easement. Ehrhardt asked why the alternative easement to West High School would not be as desirable as that proposed by staff. Miklo said there would be a better alignment with the sidewalk on the street, but it was a fairly minor issue. He said the other issue was one of timing in that staff would like to secure the easement now. Miklo said the high school principal would rather not see an opening in the fence at this time. He said when the area to the south is subdivided, that easement will be a requirement. Gibson asked if Reiman Planning and Zoning Commission March 5, 1998 Page 15 was' aware of the principal's position and the reason for the alternate location, and Miklo said he believed that she was. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to recommend approval of SUB98-0002, a preliminary plat of Galway Hills, a 13.63 acre, eight-lot residential subdivision located on the south side of Melrose Avenue west of West High School, subject to agreements and easements for the provision of sanitary sewer service. Gibson seconded the motion. The motion carried on a vote of 6-0. RE798-0007. Public discussion of an application submitted by Newbury Development Company to rezone 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing (OPDH-8) to permit an 80 dwelling unit retirement community located on the south side of Melrose Avenue west of West High School. (45-day limitation period expires March 15, 1998) Miklo said all deficiencies and discrepancies have been resolved with the revised OPDH plan, and it is in order for approval. He said staff was recommending approval of this rezoning subject to agreements and easements for the provision of sanitary sewer service as well as substantial compliance with the OPDH plan and elevation drawings submitted with this application. Public discussion: Gary Hammers, said he is a landscape architect with the firm RDG Crose, Gardner, Shukert, Inc. in Des Moines and was representing Newbury Development. He said he would answer any questions the Commission might have. Ehrhardt discussed an erosion control conference some Commission members had attended that discussed methods to absorb water in order to avoid water runoff on the property. Hammers said he would be exploring those methods and asking Jim Padgett, who spoke at the erosion control conference, for input. Hammers could not yet say to what extent storm water management techniques can be incorporated on the site until more design work is done. He said some of the issues include the type of soil involved, the amount of water runoff, and the velocity of that runoff, but he felt this would be a prime site to explore development from that standpoint, which he plans to do in his design process. Ehrhardt asked about the proposed sidewalks, saying there is no way for the elderly to walk around the entire building. Hammers said the way to walk around the building on a paved surface would be to use the service drive, which would function as a sidewalk, in essence. He said the rest of the site has four to one slopes and terraces that will not accommodate sidewalks. Hammers said the applicant does plan to connect the front entrance to the public sidewalk as requested by staff. Bovbjerg asked about the entrances and exits to the building as well as the fire doors. Planning and Zoning Commission March 5, 1998 Page 16 Hammers showed them on a diagram of the building and pointed out two exits outside the dining rooms on each side of the center of the building that would exit to a patio area. He said the main reason for limiting the number of entrances is that the primary issue for residents of these types of facilities is security. Hammers said this is an attempt to assure residents that people coming into the building will have to come through a main reception area. Public discussion closed. MOTION: Chait moved to recommend approval of RF798-0003, an application to rezone 10 acres from Low Density Single-Family Residential (RS-5) to Planned Development Housing (OPDH-8) to permit an 80 dwelling unit retirement community located on the south side of Melrose Avenue west of West High School, subject to agreements and easements for the provision of sanitary sewer service and subject to substantial compliance with the OPDH plan and elevation drawings which indicate the building will have .masonry trim and hardwood or cementitious board siding. Supple seconded the motion. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB98-0001. Public discussion of an application submitted by Southgate Development Co., on behalf of property owners Dorothy J. Kisner and John W. and Barbara Kennedy, to amend the preliminary plat of Walnut Ridge, Parts 6 and 7, a 66.68 acre 20-lot residential subdivision located at the north terminus of Kennedy Parkway. (45-day limitation period expires March 5, 1998) Kugler said the rezoning of this parcel has been forwarded on to City Council, but there were some deficiencies with the plat. He said those items have been taken care of, and the plat is ready to be voted on by the Commission. Kugler said the one remaining issue is that of open space. He said the Neighborhood Open Space regulations apply to this development, given that the earlier plat had expired. Kugler said for the remainder of this property, there would be a total of .3 acres of open space required. He said the low figure is due to the low density of the underlying zoning. Kugler said the Parks and Recreation Commission will be looking at this at its March 11, 1998 meeting to determine whether to accept fees in lieu of open space or actual dedicated open space and will have its recommendation forwarded to City Council. He said the Planning and Zoning Commission could make its recommendation, subject to that of the Parks and Recreation Commission or make its own recommendation. Kugler said the Parks and Recreation Director and staff have looked ~t the areas of proposed open space on the property and are recommending requiring fees in lieu of open space to the Parks and Recreation Commission. Kugler said staff is recommending approval of this item, subject to approval of a grading plan and Sensitive Areas Site Plan prior to City Council consideration of the preliminary plat and subject to the recommendations of the Parks and Recreation Commission regarding the neighborhood open space requirements for this development. Planning and Zoning Commission March 5, 1998 Page 17 Kugler referred to a letter from Larry Schnittjer discussing the amount of private open space dedicated in this development and the amount planned to be set aside within this development. Kugler said he has not been able to find any reference to open space in this development in past staff reports or minutes. Bovbjerg asked if fees in lieu of open space could be used, for example, for a trail, possibly to a park that is off-site. Kugler said the fees would have to be used within this open space district. Gibson asked if there were any time period after which fees are paid that they must be used or they revert back to the developer. Kugler said the fees must be used within five years of payment, but the time period is automatically extended for another five years if the subdivider has not constructed at least 50% of the units within the subdivision for which the payment has been made. He that if the City has not spent the funds by the last day of either of those periods, the developer can request a refund. Public discussion: Larry Schnittjer. 1917 S. Gilbert Street, said the applicant is not in favor of the open space assessment or dedication. Schnittjer said Southgate Development has donated more land for open spaces or trailways in Iowa City, including land at Sturgis Corner and for Willow Creek Trail, than any other developer. He said those areas had appraised values of over $20,000, and the developer thinks that is more than adequate for what is being done here. Gibson asked how much money would be involved for this subdivision. $chnittjer said Mr. Braverman feels the appraised value should be what he is paying for the ground, which is $4,000 per acre; therefore 1/3 of an acre would be slightly over $1,000. $chnittjer said the high end would be whatever the land was appraised for, possibly $7,000 to $10,000 per acre. Gibson said that would make the value $2,000 to $3,000 maximum. Schnittjer agreed. Holecek said if the City accepts that open space, it also accepts the maintenance of it. Chair asked if there were a mechanism to address concerns that the developer has given so much land in one area and should not be required to give as much in this area. Holecek said there is no mechanism to exempt a developer from the ordinance and added that some of the dedications have resulted in tax benefits to the developer. Gibson stated that the intent of the ordinance is not to create park land specifically for the people going into that subdivision, but is intended for a more broad, community-based purpose. He said that every bit of this would eventually appear to be a piece of a private lot here, and there would be no access to the open space. Gibson said he felt that this property neither technically, nor in the spirit of the law, would satisfy the neighborhood open space requirement. He said he felt having fees paid in lieu of land dedication was the only logical thing to do. Schnittjer pointed out that there are significant areas of open space out there already. Chait said it is not dedicated open space. Schnittjer agreed, but said the ordinance indicates that the dedicated spaces are for the people in that area, not for the entire community. Chair asked if the people in this subdivision were not as entitled to open space as anyone else in the community. Planning and Zoning Commission March 5, 1998 Page 18 MOTION: Supple moved to recommend approval SUB98-0001, a preliminary plat of Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-lot residential subdivision located at the north terminus of Kennedy Parkway, subject to the approval of a grading plan and a Sensitive Areas Site Plan prior to Council consideration of the preliminary plat and subject to the recommendation of the Parks and Recreation Commission regarding the Neighborhood Open Space requirements for this development. Gibson seconded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE FEBRUARY 19. 1998 PLANNING AND ?ONING COMMISSION MEETING MINUTES: Bovbjerg said she had minor changes to submit to staff. The minutes were approved by concensus. OTHER BUSlNFSS: Miklo said Commission members would be notified of a farewell luncheon for George Starr. Miklo suggested that the term "conditional zoning agreement" not be abbreviated as "CZA," either verbally or in writing, because the abbreviation is not clear to the public. PLANNING AND 7ONING COMMISSION INFORMATION: Shive said he would not be able to attend the March 16 meeting. Ehrhardt said she was frustrated with the continuing practice of accepting fees in lieu of open space. She said that each item the Commission looks at contains a comment that there is not enough space to make a park. Ehrhardt said she would be attending the next Parks and Recreation Commission meeting as an independent voice on this issue. Gibson asked if there have been any park purchases with this money. Ehrhardt said there have been none and that the Parks and Recreation Commission could not purchase land at one point because it was too expensive. Gibson said as a practical matter, the City will have to buy park land ahead of time. Chait asked if by not taking this park land in this upscale subdivision, the Commission was promoting an economic stratus separation. Miklo said even if this were a denser neighborhood, the Commission would probably not have wanted this proposed open space. Ehrhardt discussed property of less than an acre near ADS that many people use. She said that even though it goes nowhere and has no park benches or baseball fields, it serves a purpose for a lot of people. Bovbjerg thanked staff for all of the work they have done on their reports as well as the code amendment items. She also thanked the minute taker. She discussed a conference being held in Ames, Iowa on April 3rd called Movement in Community Design and Planning. She said she was planning to go, and wondered if anyone else had an interest in attending. Planning and Zoning Commisaion March 5, 1998 ' ' Page 19 ADJOURNMFNT: The.~/_~ting w~s adjourned at 10:39 p.m. Lea Supple, Secdet,Sry Minutes submitted by Anne Schulte ppdadmin\mins~p&Z3- 5.doc IOWA CITY PLANNING AND ZONING COMMISSION MEETING THURSDA Y, MARCH 5, 1998 - 7:30 P.M. CMC CENTER COUNCIL CHAMBERS SIGN IN SHEET Name Address 17. 18. BROADBAND TELECOMMUNICATIONS COMMISSION FEBRUARY 23, 1998 - 5:30 PM LOBBY CONFERENCE ROOM. CIVIC CENTER DRAFT Present: Cordell Jeppsen, Betty McKray, Steve Hoch. Cathy Weingeist Staff Present: Brau. Helling. Hardy, Matthews Others Present: Denis Martel. Arlene Heck. Beth Fisher. Rene Paine. Jim Jacobson, John Margeson, Chris Randall, Holly Bell, Brian Sharp RECOMMENDATIONS TO THE CITY COUNCIL The Commission makes the following recommendations to the City Council: 1) the City should grant TCI an extention to August 31 to complete the system rebuild and impose the maximum liquidated damages allowed in the franchise of $250 a day until finished; 2) the name of the Broadband Telecommunications Commission should be changed to the Telecommunications Commission. SUMMARY OF DISCUSSION TCI corporate has verbally approved the new channel line-up. A public announcement will be made when the line-up is officially approved. Hoch said a extention should be given for TCI to complete the rebuild after which point other options would come in to play. Without a deadline TCI may decide it is to their advantage to not complete the rebuild and pay the $250 a day fine. The City should begin fines as soon as the deadline passes and should not give TCI and indefinite deadline. Hoch moved to recommend to the City Council that they grant an extention to complete the rebuild deadline to August 31, 1998 and to impose the maximum liquidated damages allowed in the franchise agreement at the soonest possible date. Weingeist seconded and the motion which passed unanimously. The week of February 27 a promotional event called "Get to Know PATV Week" will begin which will include tours, workshops, and special programming to help lay the groundwork for fundraising. A brochure has been developed to inform the public about the need for a new facility. Weingeist moved and Hoch seconded a motion to recommend to the City Council to change the name of the Broadband Telecommunication to the Telecommunications Commission. The motion passed unanimously. APPROVAl. OF MINUTES It was 'rnoved by Hoch, seconded by Weingeist to approve the January 26, 1998 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. TCI REPORT Heck reported TCI recently submitted a letter outlining progress to date on the system rebuild and requesting an extention of the deadline for completion. Martell reported the design specifications have been forwarded to Rice, Williams for review. A confidentiality agreement to protect proprietary information is being developed. Heck said a rebuild communications plan has been implemented. Disruption of some customer's service will begin soon. TCI corporate has verbally approved the new channel line-up. A public announcement will be made when the line-up is officially approved. PATV REPORT Paine reported a fund-raiser was held in association with Iowa City Free Radio. Funds raised will be used to pay entry fees for those wishing to enter the Hometown Video Festival. Staff-assisted series proposals are being accepted until March 1. The week of February 27 a promotional event called "Get to Know PATV Week" will begin which will include tours, workshops~ and special programming to help lay the groundwork for fundraising. A brochure has been developed to inform the public about the need for a new facility. McKray said that having attended the PATV Board meetings the past few years that it is apparent the process of developing the performance guidelines has be productive for PATV. Weingeist moved and McKray seconded a motion to accept the PATV Performance Guidelines. SENIOR CENTER REPORT No report. LIBRARY REPORT Fisher reported things are going well at the library. LEGAL REPORT Matthews reported the Telecommunications Ordinance has been completed. CABLE TV DIVISION REPORT Hardy reported that the Media Unit has had a heavy workload. Work on finding a new facility is continuing. A suitable facility has been very difficult to find. A draft or' the Community Television Service guidelines was forwarded in the meeting packets. Next meeting the final form of the guidelines will be submitted for approval. SYSTEM REBUILD Helling reported the City has been assisted by Rice, Williams to monitor the rebuild and compliance with the franchise. Rather than have all the documents related to the rebuild provided in advance the City has been reviewing them as the system is being rebuilt. Generally. the rebuild has been consistent with the franchise. There are some issues which, such as the use of technologies that didn't exist at the time the franchise was negotiated that-will need to be resolved. There is no indication the deviations from the franchise are problems. Jeppsen asked about the options available to the City regarding TCI missing the rebuild deadline. Helling said the franchise agreement contains several options including revoking the franchise to fines of up to $250 a day. Imposing the fines does not give up the right to revoke the franchise. Given the progress made on the rebuild TCI would likely object strongly to revoking the franchise. Hoch noted that given the August 31 date for extention suggested in TCI's letter that fines at $250 per day would be about $45,000. Weingeist said TCI exhibited a certain amount of arrogance in the issues surrounding TCI's delay in starting the rebuild. TCI missed the deadline not because there-were problems getting equipment or the work is taking longer than they expected, but because they were late getting started. TCI charges $5 it' subscribers are late with monthly payments (which are for the coming month) so fines for being !ate with the rebuild is an appropriate response. $250 is not a large fine given the revenues TCI generates. McKray said she agrees with Weingeist's comments. The local TCI representative have been cooperative. but corporate headquarters has behaved in an arrogant fashion. McKray noted TCI a first ret'used to comply with the franchise agreement to rebuild the system and then put it oft' until the last possible minute. The Commission should not do anything to give TCI an inch. Weingeist asked who will ultimately pay the fine. Hoch said because rates will be deregulated soon and TCI will set their' rates to maximize profits the fines will be a net loss to TCI. Jeppsen said that any action the Commission takes should be designed to prod action from TCI. Hoch said a extention should be given for TCI to complete the rebuild after which point other options would come in to play. Without a deadline TCI may decide it is to their advantage to not complete the rebuild and pay the $250 a day fine. The City should begin fines as soon as the deadline passes and should not give TCI and indefinite deadline. Hoch moved to recommend to the City Council that they grant an extention to complete the rebuild deadline to August 31. 1998 and to impose the maximum liquidated damages allowed in the franchise agreement at the soonest possible date. Weingeist seconded and the motion which passed unanimously. PATV PERFORMANCE GUIDELINES Jeppsen asked how PATV arrived at the figure of raising 1% of their operating budget in fiscal year 1998 and 2 % in fiscal year 1999. Paine said those percentages were chosen because it seemed attainable given past fundraising experiences by PATV. PATV wanted to be realistic and honest in their expectations. It is hoped those levels will be exceed. McKray said that having attended the PATV Board meetings the past few years that it is apparent the process of developing the performance guidelines has be productive for PATV. Weingeist moved and McKray seconded a motion to accept the PATV Performance Guidelines. The motion passed unanimously. TELECOMMUNICATIONS ORDINANCE Helling said the ordinance is in near finished form. The ordinance is concerned with control of the public fight-of-way control and compensation rather than franchising. It has been pared down from previous versions. Hoch asked if it is likely the City will face a legal challenge to the ordinance. Matthews said the Coralville ordinance will likely be the first legal challenge. The law will continue to evolve and cities will adapt to those changes. Helling said the ordinance does contain many of the elements being challenged elsewhere. The City does not assume those challenges will prevail. Hoch asked if the City has written an ordinance which might make it less likely competitors will want to come to Iowa City. Matthews said the ordinance is neutral. It doesn't favor or disfavor competitors in relation to incumbent providers. CABLE TV ORDINANCE'AMENDMENT Jeppsen said this amendment would bring the Iowa City ordinance's definition of gross revenues in line with a recent court decision which would permit the collection of an additional $0.07 per subscriber per month in franchise fees. Hoch said that when cable rates are aleregulated and assuming TCI will charge what the market will bear then there are advantages for the City to collect the additional franchise fee. On the other rates have continued to go up with no corresponding increase in service for subscribers. The additional franchise fees would result in additional fees for subscribers. Hoch suggested that the increase take place when deregulation takes effect. Weingeist moved and Hoch seconded a motion that the Commission consider amending the definition of gross revenues'in the Cable TV Ordinance in November 1998. The motion passed unanimously. PROPOSED PATV GUIDELINE CHANGES Matthews said PATV had sent some changes in their operating guidelines to the legal department asking them to review those changes. Although the City legal department had done some work for PATV in the past. there was some concern about the City being involved in the promulgation and adoption of operational guidelines. PATV is an independent entity separate from the City. It is Matthews recommendation that PATV run the guideline changes through their own legal counsel and they may to send it to the City legal department for review after that if they wish. It is necessary to maintain some separation between the City and PATV. The City should not be seen as controlling PATV or promulgating and adopting their guidelines. PROPOSED NAME CHANGE FOR THE BTC Jeppsen said the Commission has discussed changing the name of the Broadband Telecommunications Commission as the scope of their activities changed. especially as they relate to the Telecommunications Ordinance. Helling noted that the Telecommunications Ordinance does include expanded duties for the Commission such as consumer advocacy. Helling said there is no need for the Telecommunications Ordinance to be passed prior to changing the name of the Commission. Weingeist moved and Hoch seconded a motion to recommend to the City Council to change the name of the Broadband Telecommunication to the Telecommunications Commission. The motion passed unanimously. Weingeist moved and Hoch seconded a motion to adjourn. The motion passed unanimously. Adjournment at 6:21 PM. RespectfulIv submitted Michael Bra~ Cable TV Administrative Aide POLICE CITIZENS REVIEW BOARD MINUTES - March 4, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. CONSENT CALENDAR Board members present: L. Cohen, P. Farrant, M. Raymond, $. Watson and P, Hoffey. Staff present: Legal Counsel D. Russell and City Clerk Marian Karr. Motion by M. Raymond and seconded by L. Cohen to adopt Consent Calendar. At~er discussion the Board asked that the minutes of the meeting on February 25, 1998, Complaint Forms, second paragraph, be amended as follows: · Replace first sentence with: '~'he Board expressed concern that the existence of two complaint forms might lead to a circumstance in which the Board would not be informed of written complaints from citizens regarding police officer misconduct." · Replace second sentence with: "This would be a concern because of what the Board feels is its direction from the Council, noting the preamble of the Ordinance." Motion as amended carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None PUBLIC DISCUSSION Chair acknowledged that Mediation Policies/Procedures and Guidelines have been sent to City Council for approval. Discussion continued regarding mediation form letters. Direction was given to amend 2/25/98 form letter #1 and #3 to reflect that the police officer also has the opportunity to initiate the mediation process. The Board asked that the record reflect the Board's appreciation for the amount of time and effort the staff has put into these mediation documents. PCRB - 3/4/98 Minutes Page 2 blXETING SCtlEDUI~ EXE~ SESSION BOARD INFORMATION ADJOURNMENT Boy Scout Evan Johnson, and Bill & Gerard Johnson in attendance. Board members explained the role of the PCRB and outlined the complaint process. Future meeting dates: · March 11, 1998 - 7:00 P.M.-9:00 P.M. · March 13, 1998 - 5:00 P.M.-7:00 P.M. · March 31, 1998 - 7:00 P.M.-9:00 P.M. To discuss PCRB Complaints #98-1 and #98-2, Motion was made by L. Cohen and seconded by P. Hoffey 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 requhSng peace officers investigative reports be kept confidential. Motion carded, 5/0, all members present. Meeting adjourned at 7:27 P.M. Regular meeting resumed at 8:35 P.M. Motion by L. Cohen and seconded by J. Watson that the level of review for PCRB Complaint #98-2 be 8-8-7 B(1)a. Motion carried, all members present. The report-writing committee was directed to prepare draft reports for PCRB Complaints #98-1 and #98-2. Chair P. Hoffey proposed the possibility of a visit to the Iowa Law Enforcement Academy at Camp Dodge in Des Moines to see how they conduct basic training of Iowa police officers. Legal Counsel Russell stated this would not be viewed as a meeting as long as no PCRB business was discussed. Legal Counsel D. Russell suggested that policy-review discussions be factored into meeting schedules on a regular basis. After discussion, the Board requested that the Police Chief provide a "Table of Contents" of all the policies and procedures so the Board can then prioritize their review and schedule public hearings. Motion for adjournmere by P. Farrant and seconded by J. Watson. Motion carried, 5/0, all members present. POLICE CITIZENS REVIEW BOARD MINUTES - March 11, 1998 Lobby Conference Room CALL TO ORDER Chair P, Hoffey called the meeting to order at 7:00 P.M. ATI'ENDANCE CONSENT CALENDAR Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: Legal Counsel D. Russell, City Clerk M. Karr, and Administrative Assistant Sandy Bauer. Also present: Police ChiefR. J. Winkelhake, for the purpose of discussion on policy review. Motion by L. Cohen and seconded by P. Farrant to adopt Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL · Receive PCRB Public Report on #98-1 · Receive PCKB Public Report on #98-2 COMPLAINT FORMS POLICE POLICY REVIEW Discussion of con/plaint forms was deferred until the subcommittee is ready to report. The Police Chief explained the "Iowa City Police Department Internal Investigations Log." The Police Chief presented his Memorandum on the Department's review of all Policies and Procedures based upon the Standards for Accreditation of Law Enforcement Agencies, with the first two completed orders attached. Discussion followed regarding the Board's role to review every policy as completed by the department or to review policies the Board feels are most relevant. The Board reiterated their request for a "Table of Contents" of policies to accommodate their review. The Chief will forward a copy of all reviewed policies to the Board, as well as filing with the City Clerk's Office. PUBLIC DISCUSSION None EXECUTIVE SESSION To discuss PCRB Complaints #98-1, #98-2 and #98-3, Motion was made by M. Raymond and seconded by J. Watson to adjourn in Executive Session based upon 21.5(g) of the code of Iowa to avoid PCRB - 3/11/98 Minutes Page 2 BOARD INFORMATION ADJOURNMENT disclosure of specific law enforcement matters, such as current or proposed investigations, and 22.7(5) of the Code of Iowa requiting peace officers investigative reports be kept confidential. Motion carded, 5/0, all members present. Meeting adjourned at 7:40 P.M. Regular meeting resumed at 8:25 P.M. Motion by L. Cohen and seconded by P. Fan'ant to approve as amended PCRB Public Report #98~ 1. Motion carried, 5/0, all members present. Motion by L. Cohen and seconded by P. Farrant to approve as amended PCRB Public Report #98~2. Motion carried, 5/0, all members present. Discussion of PCRB Complaint #98-3 was deferred to next meeting. P. Hoffey restated the invitation to the Board to risk the Iowa Law Enforcement Academy at Camp Dodge in Des Moines. Legal Counsel expressed certain concerns regarding open meetings, posting of agenda, etc. Discussion followed. Legal Counsel will research these concerns and will report back to the Board. Scheduling the visit to Camp Dodge was deferred. Staff was directed to report back to the Board with procedures for scheduling public hearings, town meetings, and/or meeting for the purpose of review of Police policies. Motion for adjournment by P. Hoffey and seconded by M. Raymond. Motion carded, 5/0, all members present. Meeting adjourned at 9:15 P.M. PCRB PUBLIC REPORT TO THE CITY COUNCIL This is the Report of the Police Citizens Review Board (the "Board") review of the investigation of Complaint PCRB 98-2 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference to the ...Report because of the Police Chief's... professional expertise." Section 8-8-7 B(2). While the City Code directs the Board to make "findings of fact," it also requires that the Board recommend that the Police Chief reverse or modify his findings only if they are "unmpported by substantial evidence," are "unreasonable, arbitrary or capricious," or "contrary to a Police Department policy or practice or any Federal, State or local law." Sections 8-8-7 B(2)a, b, and c. BOARD' S PROCEDURE On February 2, 1998, this Complaint was received ~t the office of the City Clerk. As required by Seetrion 8-8-5 of the City Code, the Complaint was referred to the Police Chief for investigation. The Chief completed his Report and submitted it to the Board on February 27, 1998 The Board voted to review the Complaint in accordance with Section 8-8-7 B(1)a, which means that it chose to review the matter on the record before it without additional investigation by the Board. The Board met on March 4 and March 11, 19911, to consider the Report. FINDINGS OF FACT This Complaint is one of five filed in 1997 and 1998 by this complainant. On January 25, 1998, the complainant was driving down the street. He observed a police officer parked on the street talking to a neighbor of the complainant. The officer followed the complainant, pulled his car over, and wrote him a ticket for driving with an expired driver's license. The officer reported that he believed that the complainant was driving with an invalid driver's license. The cirmmmances that caused the officer to learn this information about the complainant, a citizen he did not know, are not clearly set out in the Report. When the complainant drove by, the neighbor identified the complainant to the officer. The officer got into his squad car and checked the complainant in the computer, following the complainant while he awaited a response. When the officer received information that the complainant's driver's license was in fact expired, he pulled the complainant over and wrote him a traffic ticket. The officer then allowed the complainant to drive his car home. The complainant claims that the stop ofhis vehicle was without probable cause, that he was subjected to unreasonable search and seiztwe, and that he is being harassed by the police. The Chiefs investigation evidently included review of a supplemental report prepared by the officer in question and a review of the ticket written by the officer. CONCLUSION Allegation 1 and 2: The complainant alleges that the stop of his vehicle was without probable cause, and further that he was subjected to an unreasonable search and seizure. We view these as claims that stopping his vehicle was unlawful and in violation of his rights under the Constitution, and we treat them together. 'Driving with an expired driver's license is unlawful. An officer who has reliable, current information that indicates that an individual is driving with an expired driver's license has "probable cause" to believe that that individual has violated the law. This "probable cause" gives the officer a legitimate reason to stop that individual when he is driving a vehicle and to write a citation for that violation. The officer in this case believed that the complainant was driving with an expired driver's license. He checked the complainant's name on the data terminal in his car right before making the stop. He also believed that it was the complainant driving the car because the neighbor told him so. This infomarion gave the officer ''probable cause" to .stop the complainam's vehicle. The methods the officer used to determine that the complainant was violating the law - checking the status of the complainant's driver's license on the computer terminal, and obtaining information from the neighbor about the complainant's identity - did not violate the complainant's constitutional rights. The Board finds that the conclusions in the Report concerning Allegations 1 and 2, that the complainant's constitutional rights were not violated during this stop, are supported by substantial evidence and are not unreasonable, arbitrary or capricious. Accordingly, these allegations are NOT SUSTAINED. Allegation 3: The complainant alleges that this incident constituted police harassment. The Report concludes that be, cause the stop was legitimate, the complaint of police harassment is without merit. While we do not agree that a lawful stop can never be the basis of a claim of harassment, the police conduct complained of does not seem to the Board to constitute harassment. The officer allowed the complainant to drive his own vehicle home, even thought the officer could have (and according to the Report, the police department ordinarily would have) required him to stop driving the car and have it towed. This decision by the officer avoided expense and inconvenience to the complainant. In addition, the complainant's license had been expired for over four months at the time of this incident. In light of these facts, the Board finds that the conclusion in the Report regarding Allegation 3, that the stop did not constitute harassment, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, Allegation 3 of the Complaint is NOT SUSTAINED. DATED: March 11, 1998 PCRB PUBLIC REPORT TO THE CITY COUNCIL [- :-i.i .?:,", This is the Report of the Police Citizens Review Board (the '~5oard") review of the investigation of Complaint PCRB98-1 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a '¥easonable basis" standard of review to the Report and to "give deference to the...Report because of the Police Chief's...professional expertise." Section 8-8-7 B(2). While the City Code direx-~ the Board to make "findings of fact," it also requires that the Board recommend that the Police Chief reverse or modify his findings only if those findings are 'hmsupported by substantial evidence," if they are 'hmmasonable, arbitrary or capricious," or if they are "contrary to a Police Department policy or practice or any Federal, State or local law." Sections 8-8-7B(2)a, b, and c. BOARD'S PROCEDURE On February 2, 1998, this Complaint was received at the office of the City Clerk. Pursuant to Section 8-8-5, the Complaint was referred to the Police Chief for investigation. The Chief submitted his Report on February 17, 1998. The Board voted to review the Complaim in accordance with Section 8-8-7B(1)a, which specifies that the complaint will be reviewed "on the record with no additional investigation." The Board met on February 25, March 4 and March 11, 1998, to consider the Report. FINDINGS OF FACT This Complaint is one of four filed in 1997 and 1998 by the complainant. Officer 950829 and Officer 670916 were dispatched separately to the complainant's home, in response to his call reporting that his neighbor had just assaulted him. The neighbor also called the police just after the complainant did, to report the same 2 incident. Officer 950829 arrived first and spoke with both the complainant and the neighbor. Officer 570916 arrived soon at~erwards and talked to the complainant. According to the incident report filed by the officers and the supplemental report prepared by Officer 670916, the complainant said that while he was walking on the sidewalk in front of his home, the neighbor, who was jogging near the sidewalk, approached him and poked him in the chest. The neighbor said that while he was jogging in the parking area near the sidewalk, the complainant stepped in front of him, making him run around the complainant. The neighbor stated that neither he nor the complainant touched or threatened the other. Both officers examined the patterns of footprints in the snow and one ofl!icer also examined the tread patterns on the footwear of both the complainant and the neighbor. On the basis of this examination, they concluded that at the time of the incident, (1) the neighbor was running east on the south side of the street, about one foot from the sidewalk, (2) the complainant was walking west on the sidewalk, (3) the complainant stepped in from of the neighbor, (4) the complainant and neighbor came face to face about two feet apart, and (5) the footprint patterns at (4) didn't indicate that there was any contact, pushing, or shoving. The officers advised the complainant that they would write an incident report and turn it over to the County Attorney to determine whether any charges should be filed. The complainant agreed to this. According to the Report, no decision had been made at the time the Report was sent to the PCRB about whether any charges would be filed in this matter. The complainant alleges: 1. That, as a victim, his right to be protected by the police was violated; 2. That he is being denied the ability to live in peace in his home; 3. That he has been subjected to police harassment. The investigation by the Police Chief apparently included discussions with the responding officers, review of the incident report, review of a supplemental report by Officer 670916, and discussion with the County Attorney's Office. CONCLUSION Allegation 1: The comptainant's right. as a victim. to be protected by the police, was violated. Within a few minutes after his call reporting assault, two police officers were dispatched to his home to investigate the alleged incident. The Report concludes that neither the complainant's description of the reported incident nor the results of police investigation, including examination of the physical evidence, establishes that he was the victim of an assault. The Board finds that the conclusion in the Report concerning allegation 1, that the evidence does not support the complainant's claim that he was a victim and that the police failed to protect him, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, the first allegation of the Complaint is NOT SUSTAINED. Allegation 2: The complainant is being denied his right to live in peace in his house. The Report indicates that the complainant requested the police come to his house to investigate his report of assault and notes that the complainam was not inside his house at the timeof the alleged incident. It further concludes that the physical evidence does not support his claim of assault by the neighbor. The Board finds that the conclusion in the Report concerning allegation 2, that the police are not denying the complainant his right to live in peace in his house, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, the second allegation of the Complaint is NOT SUSTAINED. Allegation 3: The police are harassing the complainant. The Report indicates that the officers were dispatched to the complainant's home at his request and that they conducted an investigation to establish the facts relevant to the alleged incident. The Board finds that the conclusion in the Report concerning allegation 3, that there is no evidence to support the allegation that the police are harassing the complainant, is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Accordingly, the third allegation of the Complaint is NOT SUSTAINED. DATED: March 11, 1998