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HomeMy WebLinkAbout1998-04-07 Bd Comm minutesBROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - APRIL 1, 1998 - 5:00 PM LOBBY CONFERENCE ROOM, CWIC CENTER DRAFT Present: Cordell Jeppsen, Betty McKray, Jim Pusack, Cathy Weingeist Staff Present: Shaffer, Brau, Helling, Hardy, Matthews Others Present: Chris Randall, Brian Sharp, Amber Hunt, Steve Kanner, Jon Koebrick RECOMMENDATIONS TO THE CITY COUNCIL The Commission recommends to the City Council that they accept TCI's proposed cure in lieu of a fine of $250 per day for failing to meet the system upgrade deadline contained in the franchise agreement. The cure is outlined in TCI's letter of March 23, 1998 in which TCI will pay a total of $46,000 and not increase subscriber's rates in areas in which the system is upgraded before the entire system upgrade is complete. One half of the $46,000 will be rebated to subscribers, or approximately $1.30 per subscriber, and one half will be given as a grant-in-aid to the City Cable TV Division to cover related expenses. SUMMARY OF DISCUSSION IOWA CITY HUMAN RIGHTS COMMISSION MINUTES February 23, 1998 Meeting COMMISSION MEMBERS PRESENT: Tom Dickerson, Pat Harvey, Charles Major, Diane Martin, Ann Shires, Mettie Thomopulos, Art Vincent, Jan Warren COMMISSION MEMBERS ABSENT: Joan Jehle STAFF PRESENT: Heather Shank, Kaci Carolan PUBLIC PRESENT: James Damell; Susan Phillips; Adam Gillespie CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:04 p.m. APPROVAL OF MINUTES: Several corrections to the minutes from the January meeting were noted Coy Shires, Vincent, and Dickerson). The minutes from the January meeting were approved as amended. Shires/Martin. All in favor; no opposed. RECOMMENDATIONS TO COUNCIL: None. GUEST SPEAKER: Susan Phillips works at Kenwood Park Presbyterian Church (Cedar Rapids) and St. Mark's United Methodist (Iowa City). She addressed the Commission regarding the upcoming Governor's Town Hall Meeting with Teenagers, scheduled for June 30, 1998. There will be ICN sites around the state, and it will be broadcast live on IPT. It is being organized by Creative Visions (Ako Abdul-Samad, Founder and CEO) in Des Moines. She is hoping to make contacts and gather support to ensure the success of the project. Ms. Phillips relayed some of the projects she has put together in the past, as well as some planned for the future. Additionally, she noted that she thought a panel of teenagers addressing the community would be an interesting and valuable set up for a future town meeting. Ms. Phillips encouraged any Commission member to contact her about the June meeting. She can be reached at her office at 337-7201 or godpots~aol.com OLD BUSINESS: Town Meeting: Warren reported on the Race Relations Town Meeting. There were approximately 200 people in attendance, and there was extensive press coverage. There was a problem in some of the pre-event publicity, because in several places the University was incorrectly listed as a co-sponsor of the event due to some confimion between the Human Rights Commission and Human Rights '98 (Bums Weston's organization). Shank noted that she subsequently spoke to Dorothy Paul about this, and Paul has agreed to let Shank review press releases for HR 98 in the future so this doesn't happen again. Warren received numerous e-mails and phone calls from people after the event, saying it was great and urging ICHRC to follow up. Discussion was held about options for follow-up meetings. It was decided that another large meeting was probably the best approach, perhaps with the moderator taking a more active role in then steering people into smaller sub-groups for study circles. Another possibility (also suggested by Warren) was Human Rights Commission February 23, 1998 Minutes Page 2 something more along the lines of Fireside Chats (one "official"~ouncil person, police officer, etc.) speaking with interested parties. Major suggested Ross Wilburn as a potential panel member for next time; Warren indicated he's also been suggested as a person to spearhead the Diverse- Cities initiative. Warren noted that thank you notes shotfid be sent to all the panelists, and probably a few of the press people who were particularly interested/helpful. Commissioners who were unable to attend the Town Meeting are encouraged to watch it on the government channel. All Commissioners were asked to think about possible panel members, possible dates, formats, focus questions, etc. for the next Town Meeting. This item will go back on the agenda for March. ICRC Training: The final list of Commissioners attending the ICRC training is: Martin, Major, Jehle, and Vincent. Keynote Speaker for '98 Breakfast: Vincent reiterated his support for Kate Schuetz, the woman running to Washington DC to highlight human rights violations in China. Warren brought up Brian Thomas again, for his work in Nicaragua. She also pointed out that he is not affiliated with the University in any way (since many of the past speakers have been, and there had been some suggestion we try to get a non-University person this year). Warren suggested the possibility of having both individuals as co-speakers. Since we have a confirmed date (October 22), it's also possible that one or the other won't be available. Carolan and Shank agreed to contact Thomas and Schuetz and extend the Commission's invitation. This item will be placed on the agenda in March. Accessible Caucus Sites: The caucus subcommittee is obtaining a list compiled in approximately 1985 of accessible buildings. Clearly, this needs to be updated, but it will give the subcommittee someplace to start. It was clarified that the eventual list should include not only what buildings are accessible, but the specifics thereof: where the accessible entrance is, whether a key is required for the elevator, where the accessible restrooms are, etc. Shank said she could get a list of accessible city buildings. After some discussion, it was decided that area churches need not be included on this list, because they're rarely if ever used for caucus sites because of church/state concerns. Warren is going to draft a cover memo and form to organize the information. Carolan will get the back issue(s) of the Press-Citizen to compare where caucuses were held during the last presidential elections. Looking ahead, Warren and Martin suggested perhaps one of the people who have said they wanted to do volunteer work for the Commission might agree to enter this information into a database. This item will be placed on the agenda in March. Revision of By-Laws: A subcommittee (Major and Vincent) will draft revisions for the by- laws reflecting the new administrative closure procedures. The rough draft will either be included in the March packet, or distributed at the March meeting. Movie: My Left Foot: Saturday, March 14, 1998 at 1:00 p.m. Commissioners were given flyers to post, along with a new list of possible posting places. The list of places was split up. Carolan has arranged for the popcorn cart and will bring a cooler; Martin will bring pop, ice, and cups. Dickerson is doing the introductory comments. Senior Center Panel: Commissioners who might be available for a daytime panel include: Jehle, Vincent, Major, and Dickerson (provided it is a Mon, Wed, or Fri). Carolan agreed to contact Julie Seal for some potential dates. The Commission is still interested in doing a larger, longer, evening panel (perhaps in June) for the whole community, basically introducing the commission and what they do. This item will be placed back on the agenda for March. Human Rights Commission February 23, 1998 Minutes Page 3 NEW BUSINESS: Panel to Discuss Women's Human Rights: Dorothy Paul has asked Shank to moderate a panel in March on Women's Human Rights. The panel is Friday, March 6, at 3:45 p.m., probably in Council Chambers. The panel members are Jael Silliman, Dorothy Paul, Marilyn Cohen, and Monique DiCarlo. Jonathan Wilson: Shank said she's received a lot of requests from the public for some sort of gay and lesbian program. Shank inquired whether the Commission wanted to ask Jonathan Wilson to come speak sometime in April. There was discussion over whether this would work better during Pride Month (June). Since there was so much scheduled for June last year, some Commission members were afraid the program might just get lost in the shuffle. Shank will contact Wilson to check on his availability, with June as a possible fall-back time. She'll also check availability of the Public Library. Commissioners indicated that they'd prefer a Tuesday. REPORTS OF COMMISSIONERS: Vincent: Strongly recommended that any Commissioners who have not attended Cultural Diversity Day (which was this past weekend) do so in the future. Major and Harvey related an incident where a citizen confi'onted them and became quite heated in his comments. This individual expressed great hostility toward state employees, and Harvey and Major had difficulty getting across that they were a) volunteers, and b) in no way co.nnected with the state. Major: Saw the movie Kundun, which deals in part with the overthrow of Tibet. It was quite good. Warren: Reported on a panel she was part of on February 19, on the state of affirmative action. Other panelists were Susan Mask and Stephana Colbert. This was the second in a series of discussions geared to make the University community more open and welcoming. There were 25- 30 people present, and it ran well over two hours. STATUS OF CASES There are two cases in legal; there's one case ready to go to Team B. Team C has a case. There was one predetermination settlement. One case was transferred to ICRC. There's one investigative summary pending. There is another case scheduled for mediation. NEXT COMMISSION MEETING: The March meeting will be March 23, 1998 in the Civic Center Lobby Conference Room. ADJOURNMENT: The meeting adjourned at 8:47 p.m. VincenffMmin. 02/25~98 transcribed by kkc IOWA CITY HUMAN RIGHTS COMMISSION MINUTES March 23, 1998 Meeting COMMISSION MEMBERS PRESENT: Pat Harvey, Joan Jehle, Charles Major, Diane Martin, Ann Shires, Jan Warren COMMISSION MEMBERS ABSENT: Tom Dickerson, Mettie Thomopulos, Art Vincent STAFF PRESENT: Heather Shank, Kaci Carolan CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:05 p.m. APPROVAL OF MINUTES: Jehle noted one correction to the January minutes. The minutes were then approved as amended. Martin/Jehle. All in favor; no opposed. RECOMMENDATIONS TO COUNCIL: None. TOWN MEETING: RACE RELATIONS II: Scheduled for Tuesday, April 14, 1998, 7:00 p.m. in Meeting Room A of the ICPL. Warren suggested that the official title for the program be: Town Meeting: Race Relations in Iowa City/Coralville - Focus on Teens. Again, the idea is that this is not just for teenagers, but parents of teenagers, teachers, people in the community who work with teenagers, etc. So far 6 people have committed to the panel (3 teens, 3 adults), and Ross Wilbum has agreed to be the moderator. Warren is waiting for responses from one additional adult and one additional teen; Tuesday March 24 is going to be the absolute final day for people to either commit or decline. She will e-mail Shank or Carolan on Tuesday with the final make-up of the panel. Warren will again draft a letter to the panelists, but suggested that copies of the newspaper coverage of the last town meeting be included with that. She also had several articles from national media (Time magazine, etc.) for potential inclusion in the panelist packet as well. Shank will find out if we can book the two additional litfie meeting rooms as well to give us extra space. Warren agreed to do a PSA. Shank will do a press release to all the media boxes. Warren also suggested trying to get a story into the two high school papers, the Little Hawk and West Side Story. Shank will try to have the flyers printed by Thursday, and then she'll go around with the community service people and post them. Several of the adult panelists have indicated that they think it would be beneficial to have a brief pre-meeting gathering with the teenagers (perhaps an hour in length). Once the panel members are confirmed, Warren, Carolan, and Shank will work on organizing this. Harvey thanked Warren for all the time and effort she's put in on this project. There was some discussion about whether the Diverse-Cities Team should be listed as a co- sponsor, and how/whether to approach them following this meeting. Some Commissioners expressed a desire to have the Diverse-Cities Team take over these events following Town Meeting II. There was some discussion over the best way to do that, timing, trying to identify a point- person from the D-Team, etc. The Commission decided to wait and see what the attendance was like at the next Town Meeting before committing to a course of action. Shank stressed that she Human Rights Commission March 23, 1998 Minutes Page 2 didn't think the turnout at Town Meeting II should determine whether or not there's another Diverse-Cities Meeting. The Commission concurred, but everyone agreed that there was simply no time to address this issue prior to the next Town Meeting. Potential topics for future Town Meetings included business (both in terms of employees at some of the larger, factory-type employers, and also retail businesses/patrons) and housing. Carolan and Martin will bring coffee urns. Martin will bring pop. Shank already has cups, napkins, etc. Shires will bring cookies; Jehle said she might bake something as well. Warren urged Commissioners to get the word out, especially among community-based groups, church organizations, etc. OLD BUSINESS: Draft of Revision of By-Laws: Major indicated they haven't started this yet. This item will be placed back on the agenda for April. ICRC Training: April 30 and May 1. Driving and hotel arrangements were discussed. Shank said she would cheek to see if Martin can take a City car. Keynote Speaker for '98 Breakfast: Shank reported on her conversation with Kate Schuetz. Ms. Sehuetz's planned run to Washington DC (to draw attention to human rights violations in China) has been postponed indefinitely due to lack of funding. Ms. Schuetz indicated she might finish sometime during the month of October, but also said she might not even start her run until November. After some discussion, the Commission decided to wait until after Ms. Schuetz runs, and then have her address the Commission separately. Brian Thomas was again discussed. It was pointed out that Brian spent only one year in Nicaragua with Habitat, and perhaps the speaker should be someone with more international involvement and experience. Jim Anaya and Adrien Wing (both law professors with extensive international experience) were suggested as possible speakers. Warren did note~that the Commission had previously discussed having a non-University speaker this year. Jehle suggested Morris Dees, who she went to see while she was in Arizona. The Commission asked if they could see some background information on Professor Anaya, and Shank agreed to provide that. This item will be placed back on the agenda for April. Accessible Caucus Sites: Martin reported that she had cheeked the accessibility list at the library, which dates from 1985. ICPL no longer makes the pamphlet available because of its age. However, the information provided in that packet was very thorough (down to details such as "this water fountain is too high.") Shank provided the list of where the caucuses were held last time, which was all ICCSD schools, pins the IMU, ICPL and the bus barn (Plotz Maintenance Shop). Warren already has the cover letter drafted, as well as the blank form for the information. Shank indicated that we're waiting for an opinion from the City Attorney's Office on whether City buildings can be used for the political process. The Senior Center actually has this in their policy, but Eleanor Dilkes is checking. Shank said we have the volunteer to enter all this information into a data base, once we have it collected. Warren, Martin, and Harvey decided the order and timing of their next steps. This item will be placed back on the agenda for April. May Senior Center Panel: Carolan reported that she had gotten three possible dates from Julie Seal at the Senior Center. Major had subsequently indicated he could not participate in a 2 Human Rights Commission March 23, 1998 Minutes Page 3 p.m. panel, and the other three Commissioners (Jehle, Vincent, and Dickerson) had all preliminarily indicated any of the three dates would be fine. Carolan had intended to confirm a date at the meeting, but since both Vincent and Dickerson were absent, she will do so by phone. The tentative date, however, is Wednesday, May 20, 1998 at 2 p.m. at the Senior Center. This will be placed back on the agenda for April. Jonathan Wilson: Shank had scheduled Jonathan Wilson for an evening speaking date in May. However, she was then contacted by someone from the Gay Pride Committee, who indicated they very much wanted this presentation to be part of Pride Month, which is June. Shank had reservations that it might get lost in all the other Pride Month activities, but the GCP has assured her they will leave that week relatively open. Therefore, Jonathan Wilson will be speaking on Wednesday, June 17, 1998, at 7:00 p.m. at Meeting Room A of the ICPL. The pride parade will be Saturday, June 20. Movie: My Left Foot: Carolan reported on the most recent movie showing. Tom Dickerson got Keith Ruff to do the introduction, which everyone agreed was wonderful. Carolan passed along Dickerson's thanks to all the Commissioners who attended. NEW BUSINESS: Analysis on Impediments to Fair Housing: Shank asked for comments on the packet of materials she had previously provided the Commissioners. Several Commissioners commented on the clarity of presentation in the materials. Shires did point out one typographical error. Harvey asked if Housing and Inspections were still handing out info (on discrimination and the Commission) as pentfits are applied for and/or renewed. Shank said she wasn't sure; she knew they hand out ADA information. Shank indicated we still publish the newspaper ad every week. Harvey asked if we could somehow be included in the "survival kits" that the Landlord-Tenant Association apparently distributes. Shank said she'd check. There was also discussion about the Housing Authority; Shank said she'd make sure they have enough of our pamphlets. Shank indicated' the HUD substantial equivalency approval is still pending. There was some discussion of what other kind of housing educational foram the Commission might present, and how best to get the people to attend who most need this information. Microfilm Policy: Shank explained what we have been doing in terms of microfilm and case storage, and reviewed the new policy. The new policy provides that the hard copy files will be sent to the State (ICRC) for storage for a minimum of 5 years. The microfilm rolls will be kept in a fireproof safe under the control of the Human Rights Coordinator. Jehle moved that the microfilm policy be accepted. Shires seconded. All in favor; no opposed. REPORTS OF COMMISSIONERS: Warren: Wynona LeDuke is coming to speak April 23 at UI. Take Our Daughters to Work Day is also April 23. Jehle: Attended a lecture in Arizona by Morris Dees on hate crimes and human rights issues. She wanted to report on this, but was losing her voice due to a cold. She'll type up a report Human Rights Commission March 23, 1998 Minutes Page 4 for any Commissioners who are interested. Jehle: Discussed an NPR report on Michael Richards and Candleworks. Major had heard this as well. Jehle: Brought up a 60 Minutes report on the increasing number of gay/lesbian/sexuality studies programs at colleges and universities across the country. The report mentioned the University of Iowa (which has a program starting). Jehle inquired whether anyone else felt the report was biased--in that they clearly took the position that the programs were not a good idea, or somehow less than valid. Warren: Brought up for discussion a recent e-mail message received by several people which indicated that one of the state Civil Rights Commissioners was allegedly taking part in seminars called "Just Another Choice." The seminars were billed as ways to help people respond to "the encroaching threat of the homosexual agenda." The ICRC Commissioner was allegedly identifying himself as an "ex-gay." Warren asked if this information could be verified somehow, and Shank said she would do so. Jehle: Has information available on the Citizen's Police Academy, since several Commissioners had asked her about it. Major: Relayed an incident he witnessed in 1996 involving the Coralville police and a large group of his son's teenage friends, which had a racial overtone to it. STATUS OF CASES: There are two cases in legal. Each of the teams either has or is in the process of signing off on a case decision. There is one interim mediation agreement pending. Two complainants have indicated they wish to withdraw their complaints, but the paperwork to do so isn't signed yet. NEXT COMMISSION MEETING: The April meeting will be April 27, 1998 in the Civic Center Lobby Conference Room. ADJOURNMENT: The meeting adjourned at 8:25 p.m. Warren/Shires 03/25/98 transcribed by kkc MINUTES PARKS AND RECREATION COMMISSION MARCH 11, 1998 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: Barbara Endel, Ken Fearing, Judith Klink, Maurer, Matt Pacha, Rex Pruess, Allen Stroh Kathy Wallace, Ross Wilburn Terry Trueblood, Marilyn Kriz John Cruise, Sandra Lawrence, Brad Roarke, Tonning Bruce Renee FORMAL ACTION TAKEN Endel requested that her last month's report for the Riverfront and Natural Areas Commission be amended by deleting "soccer fields or other" (page 5, line 3) and inserting in its place "active recreational uses" Moved by Pruess, seconded by Endel, to approve the February 11, 1998 minutes as amended. Unanimous. Moved by Klink, seconded bY Endel, to recommend to the City Council conveyance of the property as requested by the School District as noted on the City plat (an old street and alley right-of-way partially utilized to supplement North Market Square Park), with theunderstanding that the area will continue to be unfenced and available to the aeneral public, doing so in the spirit of joint cooperation between the City and the School District. Unanimous. Moved by Fearina, seconded by Stroh, to accept fees in lieu of the 0.3 acres N.O.S. reauirement in the Walnut Ridge Subdivision. Unanimous. SCHOOL DISTRICT/NORTHMARKET SOUARE PARK John Cruise (attorney for the Iowa City School District), Brad Roarke (School District's Physical Plant Manager), Sandra Lawrence (Horace Mann School Principal) and Renee Tonning (Horace Mann PTO President) were present to clarify the School District's request with respect to the City vacating property adjacent to North Market Square Park and conveying it to the School District. At last month's meeting, the commission was unclear as to the location of the property and the School District's intent for same. Brad Roarke referred to the plat pointing out two separate areas the School District would like to acquire. One area is a strip of land that was formerly an alley that ran east and west which was never conveyed to the School District. Part of Horace Mann School is built on this area, and the School District would like to clear up the title. The other area in question is southwest of the school building and is used as part of North Market Square Park. Presently the school has an "amphitheater" and pieces of play equipment located on this parcel. The School Parks and Recreation Commission March 11, 1998 Page 2 District would like to acquire this parcel to erect a new play structure and to eliminate the City's liability for any accidents that may occur on this parcel which the school is presently occupying. Roarke noted there is insufficient room to erect this play structure on school property. The area is also flatter, making for easier control, access and construction. He stated the area would not be fenced off from the park, but would remain open and accessible. Renee Tonning noted the play structure would be similar to the play structure in College Green Park. Endel was concerned with the area being fenced off, and asked if it could be written into the agreement that it would not be. John Cruise stated the property could be conveyed by the City subject to shared use. Tonning stated the school children use North Market Square Park just as much as they use the school property, and they would not want the area to be fenced off from the park. Sandra Lawrence stated the school has no green space, with Roarke noting the park is the only non-hard surface area where children can play. Moved by Klink, seconded by Endel, to recommend to the City Council conveyance of the property as requested by the School District as noted on the City plat (an old street and alley right-of-way partially utilized to supplement North Market Square Park), with the understandinG that the area will continue to be unfenced and available to the General public, doing so in the sDirit of 9oint cooperation between the City and the School District. Unanimous. WALNUT RIDGE SUBDIVISION Trueblood stated the Neighborhood Open Space Ordinance was not in effect for parts 1-5 of this subdivision, but the preliminary plat for the remainder expired, meaning parts 6 and 7 as well as future developments are subject to the ordinance. He indicated the N.O.S. requirement for parts 6 and 7 is 0.3 acres, and estimated fees in lieu of the 0.3 acres between $3,000 and $6,000. Pacha asked when fees are accepted if they are placed in a special account to be spent in the neighborhood district. Trueblood stated the money can be expended within the planning district, which could encompass anywhere from two to eight neighborhood open space districts. Fees are required to be spent within five years, but could be extended to ten years if the subdivision is not at least 50 percent developed. If the fees are not spent, they are pro- rated back to the lot owners. Various commission members felt fees in lieu of dedication of open space may be preferable in this subdivision. Klink indicated the Walnut Ridge Subdivision is a beautiful development, with many huge trees. She asked if money could be used to enhance sidewalk development in the subdivision, suggesting an area that is low along the streambed where people presently jog in the street. Trueblood stated the issue may be Parks and Recreation Commission March 11, 1998 Page 3 public rs. private, and that putting a trail on private open space may not qualify. Moved by Fearing, seconded by Stroh, to acceDt fees in lieu of the 0.3 acres N.O.S. requirement in the Walnut Rid=e Subdivision. Unanimous. Stroh indicated in future N.O.S. decisions, it would be helpful to also know the amount of fees which would be required in lieu of land, and the total amount of fees, if any, already collected in the pertinent planning district. Trueblood noted that this information is available, and would be refined and furnished to the Commission on a routine basis. With respect to this district, Trueblood noted these are the first fees collected. EHRHARDT CORRESPONDENCE RE NEIGHBORHOOD OPEN SPACE ORDINANCE A letter from Pam Ehrhardt was distributed to the commission. She indicated during the 15 months she has served on the Planning and Zoning Commission, she has repeatedly seen the Parks and Recreation Commission recommend fees be taken for open space requirements in lieu of land. She noted she saw the taking of fees instead of land as a lost opportunity, and wanted an opportunity to address the commission at its next meeting. She stated she is speaking as an individual, and not on behalf of the Planning and Zoning Commission. (Trueblood noted in the third paragraph of Ehrhardt's letter she referred to Village Green, Parts 5 and 6; in reality she meant Walnut Ridge, Parts 6 and 7.) Trueblood furnished the commission with a sheet setting out the Neighborhood Open Space Activity from 1993 to present. The commission has considered 22 subdivisions, with land being accepted in 12, fees accepted in 8, and both land and fees being accepted in 2. He stated this document had been prepared by Marcia Klingaman and himself for the Neighborhood Council, of which Pam is a member. Trueblood stated in the subdivisions where fees were accepted the commission had very good reasons for doing so, usually because they were so small. Stroh stated fees could be used productively. He noted the struggle with dealing with neighborhood open space on a piecemeal basis. Trueblood indicated staff looks at the entire subdivision, referring to Galway Hills where they received a commitment from the developer to dedicate six acres regardless of how the subdivision is eventually developed. He acknowledged that it is a problem, however, and it may be necessary to change the ordinance in order to resolve it. Endel indicated she appreciated Ehrhardt's letter in that it keeps the issue in front of the commission for thoughtful consideration. Pacha asked that time be set on next month's agenda for Pam Ehrhardt to address the commission. Parks and Recreation Commission March 11, 1998 Page 4 IOWA RIVER CORRIDOR TRAIL Trueblood reported that the Iowa River Corridor Trail Project will go forward and it appears that it will not be necessary to use Parkland Acquisition Funds. The trail section from Burlington Street to Napoleon Park is scheduled to be bid next month. NEIGHBORHOOD OPEN SPACE PRIORITIES A copy of the Neighborhood Open Space Plan's Objectives and Strategies was distributed to the commission, along with the prioritization of the developed districts which had been completed by the task force. Trueblood suggested that time be devoted at some future meeting to discuss the priorities and to update the objectives and strategies as needed. Klink stated the commission needed to start being more proactive in spending the Parkland Acquisition funds. Pruess suggested going after land in areas that are priorities, noting there will be districts where this may not be possible due to the area being so developed. Endel felt it also important to review other pending projects, such as the top C.I.P. priorities established previously by the commission. Pacha asked that the last commission's C.I.P. prioritization be placed on next month's agenda for review. Stroh concurred that capital projects need to be in concert with N.O.S. items, referring to the Court Hill Trail. Trueblood asked commission members to review the Neighborhood Open space objectives and strategies for each district, keeping in mind the highest priorities when reviewing same. Pacha stated the commission should be prepared to begin discussion of this at next month's meeting. It was noted the Miller/Orchard district is the highest priority. Pacha asked how land value was determined. Trueblood stated the Ruppert property has been appraised at least twice, the Neuzil and Jensen properties were appraised a few years ago, and an offer had been submitted for the Jensen property which was rejected. He indicated he would meet with Planning staff to obtain information on estimated land values of properties in this area and others in the city where appraisals have been done, and provide this information to the commission at next month's meeting. Pruess indicated Benton Street is being reworked which may help the Miller/Orchard area. Klink also noted it was her understanding the Neighborhood Council was considering consolidating this year's P.I.N. grant applications to go towards a park in the Miller/Orchard area. Parks and Recreation Commission March 11, 1998 Page 5 RIVERFRONT AND NATURAL AREAS COMMISSION REPORT Endel reported: 1) The RNAC discussed plans for the Arbor Day project scheduled for April 25, and the project will focus on Heritage Trees. There will be a program at Lincoln School at 9 a.m.; Mark Vitosh will host a walking tour in the Manville Heights area, talking about the historical value of trees and how to take care of them; Mayor Lehman will present an Arbor Day Proclamation; and Terry Robinson will be distributing small trees to families. Any commission member interested in helping with this project should be at the school at 8:30 a.m. 2) The RNAC was in full support of the peninsula recommendations and was pleased to see that a consultant is being hired. A sixth generation Iowa Citian presented a slide show of postcards from 1906 showing four to five angles of the Iowa River around the peninsula area. 3) Cortney Daniels indicated a memo had been sent to the City Council supporting the Parks & Recreation Commission's stance on possibly using Parkland Acquisition Funds to help offset the costs of land acquisition for the Iowa River Trail from Burlington Street to Napoleon Park. 4) Pruess will be attending next month's RNAC meeting. PARKS & RECREATION FOUNDATION REPORT Trueblood reported Pacha and he met with the architect to review the plans and specifications for the Scanlon Gymnasium. Bids are scheduled to be let on April 14 and awarded April 21, with construction beginning as soon as possible thereafter. COMMISSION TIME Maurer noted work on the Girls Softball Complex at Napoleon Park is progressing very nicely, the parking lot will be hard surfaced, and he is looking forward to the girls playing their games at the complex this year. DIRECTOR'S REPORT Back from the Brink Video. The video has been scheduled to show on Cable Channel 4 every Monday from March 16 through April 13, 1998 at 6:30 p.m. It is a very interesting video which highlights the story of how three American cities have revitalized themselves. Parks and Recreation Commission March 11, 1998 Page 6 Upper Peninsula Residential Development. Request for proposals are being solicited, and a charette will be held in April or May. Napoleon Park Parking Lot. The parking lot will be hard surfaced, and was combined with Public Works project to construct a better park entrance. The engineer's estimate for the total project was $442,000, and the project was awarded to the low bidder for $338,000. Part of this bid ($132,000) is for an improved road to the new lift station, and will be paid for by Public Works. Peninsula Area and Water Plant Site. Request for proposals for both sites have been solicited and are due by March 27. (This refers only to the "park areas" of both sites.) Parkland Fund; Hotel/Motel Tax. A copy of a letter from Kathy Janz to the City Council supporting the commission's stance' on continuation of funds from Hotel/Motel tax being used to fund the Parkland Acquisition Fund was distributed. The budget was approved, and the City Council voted to discontinue funding the Parkland Acquisition Fund with Hotel/Motel tax. ADJOURNMENT The meeting adjourned at 6:20 p.m. MINUTES PLANNING AND ZONING COMMISSION MARCH 19, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Phil Shive, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sarah Holecek, Scott Kugler, Anne Schulte RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of SUB98-0004, a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue, subject to the approval of construction drawings and legal papers prior to City Council consideration of the final plat, and subject to approval of the preliminary plat by City Council prior to City Council consideration of the final plat. Recommended approval, by a vote of 6-O, of SUB98-0005, a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, 1/4 mile north of Newport Road, subject to the approval of legal papers prior to City Council consideration of the plat and that the requirement for a 60-foot wide right-of-way be modified to require 50 feet for Morel Circle and West Ridge Court. Recommended, by a vote of 6-0, retention of the 100 person occupancy load restriction on restaurants in the amendments to the Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone" (CN-1) as voted on at the March 5, 1998 meeting. CALL TO ORDER: Vice-chairperson Bovbjerg called the meeting to order at 7:38 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said citizens should refer to the bulletin board in the Civic Center Lobby for vacancies or call the City Clerk. She added that there will be two vacancies on the Planning and Zoning Commission with terms beginning in May. Supple said the Northeast Planning District Sessions would be held on March 23 and March 26 at Lemme Elementary School. Uiklo said this district includes the area east of First Planning and Zoning Commission March 19, 1998 Page 2 Avenue and Hickory Hill Park, north of Court Street, south of Interstate-80 and extending east into the county past Taft Avenue. RE?ONING ITEM: RE797-001!. Public discussion of a motion to reconsider 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 32 dwelling units for property located at 500 Foster Road. Bovbjerg stated that if the Commission votes in favor of reconsidering this application, it would be discussed at the March 30, 1998 and April 2, 1998 Commission meetings. MOTION: Supple moved to reconsider'REZ97-0001, 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 32 dwelling units for property located at 500 Foster Road, at the April 2, 1998 meeting of the Planning and Zoning Commission. Shive seconded the motion. Supple said she would vote in favor of this motion, because a developer should be given every opportunity to put together an acceptable project. Chait said the developer is focused on addressing the concerns of the Commission. Ehrhardt said she reviewed the minutes and summary of the February 5, 1998 meeting. She said she came across some comments that stated that the desires of the Commission may not have been properly communicated to the developer. Ehrhardt said she felt the Commission did give feedback to the developer, but the developer did not respond to the Commission's comments. She said she would not vote to reconsider this application, because the developer does have other opportunities to present this project. Bovbjerg agreed with Supple that the Commission should use the chance to review the project, and she felt this was evidence of an open Commission and an open government. The motion carried on a vote of 5-1. with Ehrhardt voting no. Chait asked if the Commission would now be considering a modification of the project. Miklo said he believed the developer would be modifying the plan to attempt to address concerns regarding the size of the multi-family building. DEVELOPMENT ITEMS: SUB98-0004. Public discussion of an application submitted by Walden Woods Associates II for a final plat of a Resubdivision of Lot §1, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue. (45-day limitation period expires March 29) Kugler stated that the rezoning and the preliminary plat for this item are still pending before the City Council. He said if the Commission should choose to approve this final plat, it should be done subject to the approval of the preliminary plat prior to City Council Planning and Zoning Commission March 19, 1998 Page 3 approving the final plat. Kugler said the few deficiencies noted in the staff report have all been corrected. He said staff recommends that a number of provisions be added to the legal papers, mainly to deal with the extension of Shannon Drive north to provide access to this property prior to any dwelling units on this lot being occupied, the construction of sidewalks, and the closing off of the two connecting streets from this development to the existing neighborhood to the east while this project is under construction. Kugler said the Commission could incorporate language regarding these provisions into its motion, but it would not be necessary since the Conditional Zoning Agreement lays out most of these items. He said staff recommends approval of this subdivision, subject to approval of construction drawings and legal papers prior to City Council consideration of the plat, and subject to approval of the preliminary plat by City Council prior to City Council approval of the final plat. Bovbjerg asked Holecek if it would be necessary to include the provisions cited by staff in the motion. Holecek responded that the provisions would be in the legal papers prior to City Council consideration of the plat, and the motion will contain the provision that the plat be approved subject to the approval of construction drawing and legal papers. She said these provisions in the staff report point out to the developer and his attorney the things that will need to be addressed in those legal papers. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to recommend approval of SUB98-0004, a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue subject to the approval of construction drawings and legal papers prior to City Council consideration of the plat and subject to approval of the preliminary plat by City Council prior to City Council consideration of the final plat. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. SUB98-0005. Public discussion of an application submitted by James Anderson for a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, 1/4 mile north of Newport Road. (45-day limitation period expires March 29) Kugler said the final plat for this subdivision is in general conformance with City subdivision regulations, as well as the approved preliminary plat. He said the applicant is requesting that one of the City rural design standards be waived for this plat. Kugler said there is a requirement in the City rural design standards for a 60-foot wide right-of-way if curb and gutter are not being provided, to allow streets to be retrofitted with curb and gutter in the future if the property is ever annexed and the streets are brought up to City urban design standards. He said the applicant contends that the additional right-of-way will result in the homes being closer to and infringing on the slopes along the two streets named Morel Circle and West Ridge Court. Kugler said the applicant contends that roadside ditches with Planning and Zoning Commission March 19, 1998 Page 4 swales leading into the natural areas or the future storm water management easements provide a better long-term solution in terms of drainage, rather than going to curb and gutter and concentrating the runoff, resulting in increased erosion. Kugler stated that Public Works has reviewed the applicant's request and feels, given the short length of the roadways, the topography of the surrounding area, and the unlikelihood of annexation of this area in the foreseeable future, that this is a reasonable request and recommends granting the waiver down to 50 feet. Kugler said the proposed plat contains two stub streets leading to the west that could be extended in the future. He said there is also an outlot that could provide future access to the property to the south when it develops. Kugler said the street will not be constructed at this time, but there is a note on the plat and the legal papers should spell out that there needs to be a second connection from Prairie du Chien Road on the property to the south before the roadway is installed, so as not to increase the single-access situation. Kugler said staff recommends approval of this plat, subject to the approval of legal papers prior to City Council consideration of the plat and that the requirement for a 60-foot wide right-of-way be modified to require only 50 feet for Morel Circle and West Ridge Court. Ehrhardt asked if the Commission should be looking at the requirements for rural design standards and possibly easing up on them in this type of situation. Kugler said the Commission should be willing to consider the ditches with swales approach, especially when there are topography constraints. Ehrhardt asked if the Commission should be encouraging this, as opposed to curbs and gutters. Kugler said that would be a policy decision that would have to be made with the involvement of the Public Works Department. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to approve SUB98-0005, a final plat of Westcott Heights, an 84.12 acre, 31-1or residential subdivision located in Johnson County on the west side of Prairie du Chien Road, 1/4 mile north of Newport Road subject to the approval of legal papers prior to City Council consideration of the plat and that the requirement for a 60-foot wide right-of-way be modified to require 50 feet for Morel Circle and West Ridge Court. Shive seconded the motion. The motion carried on a vote of 6-0. CODE AMENDMENT ITEM: Public discussion of amendments to the 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 the Commission recommended approval of proposed amendments to the CN-1 zone at its last meeting, recommending changing the threshold for whether a restaurant in the CN-1 zone requires a special exception from a floor area threshold of 2,500 square feet Planning and Zoning Commission March 19, 1998 Page 5 to an occupancy load threshold of 100 persons. He said the City Council then held a public hearing regarding this item at its March 10, 1998 meeting. Kugler said as a result of discussions at that hearing, the City Council has requested that the Commission consider establishing the occupancy threshold at 130 persons rather than 100 persons. He referred to a letter from Kirsten Frey, representing Plum Grove Acres, urging a threshold of 130 persons. Kugler said if the change were made, there would clearly be an increase in the size and scale of restaurant permitted in the CN-1 zone above the 2,500 square feet currently permitted. He said that Frey's most recent letter, stating that she feels staff's calculations expecting that a typical restaurant of 3,900 square feet could be constructed if the occupancy threshold is increased, is not a relevant argument to make. Kugler said staff was trying to find a way to compare the proposed 130-person occupancy with the current 2,500 square foot threshold. He said the same statistics as used for the February 19 memo show that, in general, a typical restaurant will have about 30 square feet of overall floor area per occupant, resulting in the 3,900 square feet figure. Kugler said Frey's March 3'd letter misinterprets staff's original report regarding the restaurants that staff felt might be appropriate for the CN-1 zone. He said Frey's letter mischaracterizes staff's statements about the restaurants listed in the table contained in the staff memo, saying staff sees them as perfect examples of restaurants for that zone. Kugler said the memo actually states that most of them seem appropriate, but that a couple would be pushing the limit. Kugler provided information requested by the Commission at its March 16 informal meeting. Kugler said that the Blimpie's restaurant at 118 South Dubuque Street has an actual seat count of 98 seats and the Cottage restaurant has an actual seat count of 90 seats. As listed in the February 19 memo. He said the building inspector reviewed the site plans and came up with actual occupancy loads for those restaurants. Kugler said Blimpie's has a total occupancy of 115, which includes six occupants for the outside seating area, which was not included in the reported seat count. He said the Cottage at 114 South Linn Street has an occupancy load of 127, which includes 11 occupants for the outdoor seating area which was not included in the reported seat count. Kugler said the figure also includes 34 occupants for a waiting area, so the figure is somewhat distorted to the high end. Public discussion: There was none, Public discussion closed. MOTION: Chait moved to retain the size restriction in the amendments to the Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, "Neighborhood Commercial Zone" regarding size restrictions on restaurants as voted on at the March 5, 1998 meeting. Gibson seconded the motion. Chait said he felt the motion passed at the previous meeting would allow for greater flexibility in terms of how large restaurants can be in the CN-1 zone. He said he thought it would allow for unlimited size in terms of square footage based on an occupant load as Planning and Zoning Commission March 19, 1998 Page 6 defined at 100. Chait said it would allow for a larger facility than 2,500 square feet, and he was comfortable with that. He said that to change the 100 figure to anything greater makes an even bigger restaurant possible, and he would not support that. Gibson said the logic Frey uses to propose a 130 threshold suggests that what has been allowed as the maximum under the special exception process become the norm, which does not make any logical sense to him. He said it would open the door to just about anything. Gibson said there has been a long history of dissatisfaction with the decisions the City has made with regard to a restaurant in this particular zone, and it is time to end this. He said that if an applicant wants a restaurant with an occupancy load of 130 or more, he should go somewhere where it is permitted in the zoning, rather than put it in the middle of a residential neighborhood. Chait said he understood that an applicant could still attempt to have a larger restaurant in the CN-1 zone via the special exception process, but not by right. Kugler confirmed this. Ehrhardt said it is important to remember the intent of this zone - that it is a neighborhood commercial zone, and to make it work, there must be some restrictions there. Bovbjerg said the consideration of how land is used is important and the motion from the previous meeting gives flexibility and certainly the ability to ask for even more flexibility. She said she felt that 1OO was a good number relative to the neighborhoods and the history. Gibson said the original staff recommendation suggested 85, 90 or 100 as occupancy loads. He said he made a statement that sounded flippant in the minutes but was not intended to be, in recommending the use of 100 because it is a round number. Gibson said his intent was to convey that the Commission could spend a lot of time arguing over something that is, to a certain extent, arbitrary. He said he saw no point in any arguing so wanted to pick a number to go with. Gibson said he selected the largest number recommended by staff and said he still believes it is a reasonable number for the circumstances. Bovbjerg commended staff for the work done on this item. The motion carried on a vote of 6-0. CONSIDERATION OF THE MARCH 5, 1998 PLANNING AND ZONING COMMISSION MEETING MINUTES. The minutes were approved, as amended at the informal meeting, by consensus. ELECTION OF OFFICERS: MOTION: Chait moved to nominate Supple for Chair, Bovbjerg for Vice-Chair, and Ehrhardt for Secretary. Gibson seconded the motion. The motion carried on a vote of 6-0. Supple presided over the rest of the meeting as the new chair. Planning and Zoning Commission March 19, 1998 Page 7 OTHER BUSINESS: Miklo said that interested parties were notified of the Northeast District Planning workshops on March 23 and March 26 at Lemme School at 7:00 p.m. He said over 1,500 postcards were sent out to Northeast District residents, signs were posted, Planning and Zoning Commission members and Parks and Recreation Commission members were invited, as well as those on other boards and commissions and those interested in the First Avenue expansion. Miklo said that approximately 100 people have signed up for the workshop, and there may be a second workshop session held in early April if there is enough interest. Miklo said the Monday meeting will be an introduction to the process and the Comprehensive Plan and will hopefully result in a land use plan, a plan for arterials and streets, and a plan for parks and open space. He said the Thursday meeting will include a discussion of residential development, neighborhood commercial development, and office park development. PLANNING AND ZONING COMMISSION INFORMATION: Bovbjerg asked if Commission members would be interested in watching the video "Back from the Brink" before one of the future meetings and then holding a discussion. Miklo said staff would have the video available at the next two meetings in the event the Commission had time to view it. ADJOURNMENT: The meeting was adjourned at 8:22 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte ppdadmin~mins\p&Z3-19.doc POLICE CITIZENS REVIEW BOARD MINUTES- March 13, 1998 Lobby Conference Room CAIJl, TO ORDER Chair P. Hoffey called the meeting to order at 5:00 P.M. ATTENDANCE CONSENT CAI.ENDAR Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson ami P. Hoffey. Staff present: Legal Counsel D. Russell, City Clerk M. Karr, and Administrative Assistant Sandy Bauer. Motion by P. Farrant and seconded by M. Raymond to adopt ' Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None EXECUTIVE SESSION To discuss PCRB Complaint #98-3, Motion was made by J. Watson and seconded by L. Cohen to adjourn to Executive Session based on Section 21.5(), The Code of Iowa, to evaluate professional competency of an individual whose performance is being considered to prevent needless and irreparable injury to that individual's reputation when the individual has requested a closed session and Section 22.7(5) of The Code of Iowa requiring peace officers investigative reports be kept confidential. Motion earfled, 5/0, all members present. Regular meeting resumed at 5:35 P.M. Motion by L. Cohen and seconded by P. Farrant that the level of review for PCRB Complaint g98-3 be 8-8-7B(1)a. Motion carded, 5/0, all members present. MEETING SCHEDULE The report-writing committee was directed to prepare a draft report for #98-3. Meeting schedule confirmed: March 31, 1998 - 7:00 P.M.-9:00 P.M. April 6, 1998 - 7:00 P.M.-9:00 P.M. April 15, 1998 - 7:00 P.M.-9:00 P.M. ADJOURNMENT Motion to adjourn by P. Hoffey and seconded by L. Cohen. Motion camed, 5/0, all members present. POLICE CITIZENS REVIEW BOARD MINUTES - March 31, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. ATTENDANCE 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 S. Bauer. CONSENT CALENDAR Motion by P. Farrant and seconded by M. Raymond to adopt Consent Calendar as follows: minutes of 3/4/98 meeting; Letter from Council Member Kubby regarding mediation. Discussion followed. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL · Receive PCKB Public Report on Complaint #98-3. POLICIES & PROCEDURES The Board discussed review of Police Department policies and procedures, and agreed to the following: · to receive the policies as they are forwarded from the Police Department; officially accept on the Consent Calendar and reflect in the minutes; and then decide whatever action the Board wishes to take on a case-by-case basis. When the Board decides to review a policy, it will be a separate agenda item. · "Public Discussion" on the agenda allows one in attendance at a meeting the opportunity to comment on items not on the agenda; · need to establish goal(s) for a hearing; · need to establish procedures for board meetings and hearings~ specifically setting of dates, regular/special meeting formats, speaker limitations, and notices; · three-meetings-concept for discussing policies: 1. board members' discussion on what they feel the critical issues are and how they want to present these issues to the public; 2. the hearing; PCRB - Minutes 3/31/98 Page 2 evaluate the information from the headfig together with the Board's views and decide on recommendations to City Council. · select policies and practices to review; · consider a hearing open to any policies that are of general concern to the public regarding police conduct and community standards; · PCRB review of policies is different from Police Department review of policies for accreditation; · frustration of two separate complaint forms; · possible inclusion of public perception issues in Annual Report; · consider summer schedules and neutral site availability for meetings and headngs. Moved by J. Watson and seconded by L. Cohen to receive the memo from the Police Chief regarding Table of Contents for Policies and Procedures and the memo from City Clerk Karr outlining review of policies/hearing process. Motion carried, 5/0, all members present. The Board agreed to discuss these matters further at the next meeting. PUBLIC DISCUSSION/ BOARD INFORMATION L. Cohen reported on a recent conversation with Council Member Norton. He said the Council is aware of the time and energy commitment required of the Board members. He also said the Council is aware that several complaints to the PCRB have come from one individual. P. Farrant referenced an article in ICON, which will be distributed in the next agenda packet. M. Raymond stated that the U.S. Supreme Court has decided to review an Iowa statute regarding "search incident to citation." The Supreme Court will be reviewing whether the statute is unconstitutional. L. Cohen noted Council Member Kubby's letter, already accepted in the Consent Calendar, and stated appreciation for her input and requested a response. In response to Ms. Kubby's letter, Legal Counsel stated "The policy is intended to bar the use of the PCRB - Minutes 3/31/98 Page 3 statements and records of the adverse party by complainant. Parties are barred from using information presented against them. The idea is to foster free and open exchange in mediation without any penalty." Staff was directed to personally thank Ms. Kubby for her concerns and comments. EXECUTIVE SESSION MEETING SCHEDULE Motion by M. Raymond and seconded by J. Watson to adjourn into Executive Session based on Section 21.5(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts. Motion carded, 5/0, all member present. Executive Session commences at 7:55 P.M. Regular meeting resumed at 9:10 P.M. Motion by L. Cohen and seconded by P. Hoffey to approve PCRB Public Report on Complaint #98-3, as amended, and forward to the City Council, Complainant, City Manager, and Police Chef. Motion carried, 5/0, all member present. Motion by L. Cohen and seconded by J. Watson to review PCRB Complaints #98-4, #98-5, #98-6, and #98-7 at level 8.8.7 B(1)a, and assign each to the report-drafting subcommittee. Motion carried, 5/0, all member present. Future meetings dates: April 7, 1998 - 7:00 P.M.-9:00 P.M. April 15, 1998 - 7:00 P.M.-9:00 P.M. April 21, 1998 - 7:00 P.M.-9:00 P.M. April 28, 1998 - 7:00 P.M.-9:00 P.M. PCRB - Minutes 3/31/98 Page 4 BOARD INFORMATION (CON'T.) ADJOURNMENT M. Raymond advised of an Iowa Civil Liberties contact regarding a possible PCRB complaint. Ms. Raymond will provide them with PCRB complaint forms. Motion for adjournment by L. Cohen and seconded by M. Raymond. Motion carried, 5/0, all member present. Meeting adjourned at 9:20 P.M. PCRB PUBLIC REPORT TO THE CITY COUNCIL IRe: Investigation of Complaint PCRB98-3 This is the Report of the Police Citizens Review Board (the "Board") review of the investigation of Complaint PCRB 98-3 (the "Complaint"). BOARD'S RESPONSIBII,ITY Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the City Manager'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 City Manager's respective 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 City Manager reverse or modify his findings only if they are "unsupported 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. Ifa complaint is filed against the Police Chief, Section 8-8-2 J requires that the City Manager investigate the claim and report to the Board and the City Council. BOARD'S PROCEDURE On February 2, 1998, this Complaint was received at the Office of the City Clerk. As required by Section 8-8-5 of the City Code, the Complaint was referred to the City Manager for investigation. The City Manager completed his Report and submitted it to the Board on March 3, 1998. The Board voted to review the Complaint in compliance 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 13 and 31, 1998 to consider the Report. 2 FINDINGS OF FACT This Complaint is one of six filed in 1997 and 1998 by this complainant. The Complainant states that he addressed a letter to the Police Chief requesting that police not be sent to his home without an arrest warrant or a request from a resident of his home. He states that he gave the letter to the Administrative Assistant to the City Manager. In January 1998, a police officer was dispatched to the complainant's residence, apparently in response to a service call from a neighbor. As a result, the complainant made the following allegations against the Police Chief: trespassing, police harassment, and denial of human rights. The investigation by the City Manager included a review of the complaint form and interviews with the Administrative Assistant to the City Manager and the Police Chief. The City Manager addressed the following allegations in the Report: 1. Failure to forward and respond to written correspondence. 2. Trespassing. 3. Damage to the front door of complainant. 4. Harassment. 5. Denial of human rights. CONCLUSION Allegation 1: Failure to forward and respond to written correspondence. The Administrative Assistant to the City Manager did recall speaking with the complainant, but did not recall receiving a letter from him. There is apparently no record of a letter being received or passed on to the Police Chief. The Board finds that the conclusion in the report regarding Allegation 1, that neither the Administrative Assistant to the City Manager nor the Police Chief received the specified correspondence from the complainant, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, Allegation 1 is NOT SUSTAINED. Allegation 2: Trespassing. Them is no evidence or allegation that the Police Chief was present at or trespassed on the complainant's property. A police officer attempting to contact a person at home as a result of a service call involving that person is not trespassing. The Board finds that the conclusion of the Report, that no trespassing occurred, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, allegation 2 is NOT SUSTAINED. Allegation 3: Damage to the front door of the complainant. It appears to the Board that the allegation of damage refers to a previous complaint and was addressed in a previous PCRB report. Accordingly, Allegation 3 is NOT SUSTAINED. Allegation 4: Police Harassment. There is no evidence or allegation that the Police Chief was directly involved in the matter described by the complainant or had any contact with him. There is no evidence of harassment. Accordingly, Allegation 4 is NOT SUSTAINED. Allegation 5: Denial of human rights. The Board finds no evidence that the complainant's human rights were denied. Accordingly, Allegation 5 is NOT SUSTAINED. Dated: April 2, 1998 MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, FEBRUARY 18, 1998 CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cortney Daniels, Barbara Endel, Richard Hoppin, Dan Mascal, Lynn Rose, Larry Wilson, David Thayer, Gretchen Gdmm MEMBERS ABSENT: Joe Kral, Tom Riley, Lori Goetsch STAFF PRESENT: Brad Neumann OTHERS PRESENT: Steven Lillehaug, Tanya Oyos, Nancy Seiberling, Charlie Saltzman CALL TO ORDER: Chairperson Daniels called the meeting to order at 5:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CONSIDERATION OF THE MINUTES OF THE JANUARY 21, 1998 MEETING: There were no changes. MOTION: Thayer moved to approve the minutes from the January 21, 1998 meeting as presented. Gdmm seconded the motion. The motion carried on a vote of 8-0. DISCUSS FLOODPLAIN MANAGEMENT ORDINANCE: Richard (Sandy) Rhodes was present to give a presentation on the floodplain buffer zone. Neumann distributed a memo Rhodes had wdtten to the Sensitive Areas Committee in June of 1996. Rhodes reviewed the memo that explained why he proposed the regulations pertaining to the floodplain buffer zone. Rhodes talked about the lack of sufficient information on actual flooding on the Iowa River due to the fact that we just have not been here long enough. The Army Corps of Engineers have good flood projections based on what they have, but it is not enough. Because of the unknown and the lack of records, Rhodes felt that the current floodplain ordinance does not go far enough from a risk management point of view. Rhodes suggested that all development in the floodplain be required to build 1 1/2 to 2 feet above the 100 year floodplain level rather than the current regulation of 1 foot above the 100 year floodplain level. Rhodes also suggested that the current buffer area, 50 feet, be increased by 50% to 75 feet and that the buffer double to 150 feet in the identified 100 year floodplain areas. The commission discussed the definitions of the stream corridor and the river bank. Wilson stated that the trees along the river as well as the character of the river should be considered in the floodplain ordinance. Rhodes commented that the floodplain buffer zone numbers he proposed are somewhat arbitrary with the pressures on developing in these areas taken into account. Thayer asked about the amount of land that would be affected by this proposal. Rhodes did not know and said this would need to be determined by reviewing the new flood maps. Mascal asked about the effect on flood insurance. Rhodes felt that the less development in the floodplain there is in the future, the better the insurance rates will be. Rhodes also stated that the less we fill the floodplain, the better off we will be. Wilson discussed how the Hancher Auditorium project and its impact on the dver due to the filling of the floodplain. Neumann Riverfront and Natural Areas Commission Minutes February 18, 1998 Page 2 stated that Rick Fosse, Iowa City City Engineer, was invited to attend the meeting but could not make it. He will be invited to the March meeting. The commission also wanted to invite Rhodes to the March meeting. SPECIAL EVENTS SUB-COMMITTEE REPORT: Daniels stated that the committee did not meet this month but will very soon. The commission discussed having a special meeting to discuss the proposed projects. Daniels will discuss the special meeting with Neumann. Daniels stated that Johnson County will not be sponsoring a water festival this year. Neumann stated that he discussed the Arbor Day event with city forester Terry Robinson. Robinson said that he would be happy to again work with RNAC on the event as part of the City's Tree City USA requirements. Wilson stated that Arbor Day was Apdl 25. CONSIDER APPROVAL Of THE IOWA CITY PENINSULA PARKLAND JOINT COMMITTEE RECOMMENDATIONS: Neumann asked the commission to consider approval of the recommendations developed by the joint committee and the memos addressed to those City departments responsible for carrying out the peninsula project. Wilson stated that the introductory paragraph in the memo was not specific enough as to the reasons why the joint committee was sending them the memo. Neumann said he would work on rewording the memo. Neumann informed the commission that the Parks and Recreation Department began soliciting bids from four consultants for the design of the peninsula and waterworks park areas. The four consultants solicited include the Conservation Design Forum, Walkers GreenSpace, Compass Plant, and ION Exchange. Daniels discussed the need to send a letter to the council detailing the commissions concerns about the peninsula and the waterworks park plans. The commission decided not to send a letter to council since the design and planning for the two sites were beginning to happen. The commission felt that this was the dght path to take. Nancy Seiberling presented the commission with three slides of postcard pictures of the Iowa River taken around 1913. The commission directed Neumann to take the slides and have them made into photos. Daniels asked the commission to vote on the approval of the joint committee recommendations and the memos. MOTION: Thayer moved to approve the recommendations in the memos with Wilson's suggestions that the memos be clarified. Gdmm seconded the motion. The motion carried on a vote of 8-0. REPORT FROM JCCOG REGIONAL TRAILS AND BICYCLING COMMITTEE (RTBC) REPRESENTATIVE: The RTBC did not meet since the last RNAC meeting. Mascal stated that he will be attending the RTBC meetings from now on replacing Grimm. Grimm will remain on the special projects committee. The next RTBC meeting is February 24, 1998. REPORT FROM THE PARKS AND RECREATION COMMISSION REPRESENTATIVE: Endel reported that the Parks and Recreation (P&R) Commission had approved the recommendations of the joint peninsula parkland committee at their February 11 meeting. Endel also reported that the P&R Commission sent a letter to the city council asking them to complete the river corddor trail as discussed from Burlington Street to Napoleon Park. In their letter to Riverfront and Natural Areas Commission Minutes February 18, 1998 Page 3 council, the P&R Commission offered parkland acquisition funds to help purchase property between Burlington Street and Benton Street, which is the problem area affecting the entire project. The P&R Commission is asking for RNAC's support of their proposal. Neumann stated that he would talk to P&R Director Terry Trueblood and request a copy of the P&R Commission's letter to council. Neumann would then fax the letter to Daniels. Endel reported on the Hickory Hill park/cemetery issue. She stated that the family that donated the 40 acre parcel to the city as cemetery land would not support changing the designation to park land. Endel also stated that Rex Pruess would attend next months RNAC meeting in her place. OTHER BUSINESS: Neumann reported that the next Ralston Creek cleanup is scheduled for Apd126, 1998. ADJOURNMENT: The meeting was adjoumed at 6:50 p.m. p~min/min/mac0217.0oc MINUTES SENIOR CENTER COMMISSION VVEDNESDAY, JANUARY 20, 1998 ROOM G08 MEMBERS PRESENT Bebe Ballantyne, Terri Miller, Kenneth Mobily, Allan Monsanto, Deborah Schoenfelder, M. Kathryn Wallace, and Philip Zell MEMBERSABSENT Wilma Conner and Joanne Hora STAFF PRESENT Michelle Buhman, Linda Kopping, Susan Rogusky, and Julie Seal GUESTS PRESENT Eunice Rector and Joyce Thomas CALL TO ORDER Wallace called the meeting to order at 3:05. MINUTES Motion: To approve minutes as distributed. The motion carried on a vote of 7-0. Monsanto/Zell. PUBLIC DISCUSSION None. FEBRUARY MEETING UPDATE An in-service meeting to discuss and clarify the purpose and direction of the Senior Center Commission will be held in conjunction with the February Commission meeting. The regular meeting time will be extended by one hour and run from 3-6 p.m. COUNCIL OF ELDERS -ROGUSKY The ad hoc committee is still in the process of gathering information to submit to the commission. SENIOR CENTER UPDATE Operations - Kopping Estimates have been obtained for the installation of magnetic swipe card devices on the Washington Street, north ramp and loading dock entrances and a numeric touch pad on the south door to room G0819. The estimates range from $4380 to $16,000. Kopping will consult with the City Purchasing Agent before a decision is made. MINUTES SENIOR CENTER COMMISSION WEDNESDAY, JANUARY 20, 1998 The project to install ADA accessible hardware and re-keying the doors is in process. Access areas and key groups have been identified and a project cost estimate will be available in the near future. The existing fire panel has not been functioning properly. On at least three occasions the panel has blown a fuse and battery back ups have failed. A replacement fire panel has been ordered and will be withinstalled in the next two weeks. The estimated cost for the project is $3955.00 The HVAC project is continuing as scheduled. One piece of equipment is on back order and will be installed in March, otherwise the project should be complete by February 20, 1998. Work in room G13 is continuing. The plan is to have support rails and mirrors installed. However, we are having trouble identifying a welder willing to construct the braces necessary for the support rails. Staff continues to work on this project. Programs - Seal Events occurring in February were reviewed. Volunteers - Rogusky An update of volunteer programs and opportunities were given. COUNCIL OF ELDERS - Visitor A report from the Council of Elders was given. COMMISSION VISITS City Council - Miller A report of the City Council meeting was given. Board of Supervisors - Hora/Buhman A report of the Board of Supervisors meeting was given. Motion: To adjoum. Motion was carried on a vote of 7-0. Monsanto/Mobily The meeting was adjourned at 4:25. MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 17, 1998 ROOM GO8 MEMBERS PRESENT Bebe Ballantyne, Wilma Conner, Joanne Hora, Terri Miller, Allan Monsanto, Deborah Schoenfeider, M. Kathryn Wallace, and Philip Zell MEMBERS ABSENT Kenneth Mobily STAFF PRESENT Michelle Buhman, Linda Kopping, Susan Rogusky GUESTS PRESENT Tim Shields, Director of the Institute of Public Affairs at the University of Iowa. IN SERVICE- SHIELDS Intr(pduction and opening statements Following introductions, Shields asked the Commissioners to identify recent Senior Center Commission accomplishments. The list incJuded: · The development of a Senior Center scholarship program for low income elderly · Sponsorship of the Town Meeting · An enhanced "sense of family" throughout the Center · Open communication between participants, staff and Commission has been encouraged and improved · Steps have been taken to improve the relationship between the Commission and the Council of Elders · Mechanisms for receiving participant input have been developed · Woodshop problems have been resolved · Volunteer Recognition events have been sponsored · A county wide survey of individuals 55 years and older was completed · POST improvements, recommended by a participant-based committee, were supported and implemented · Room rental agreements have been established · The Senior Center Parking Ticket Review Committee was created · Building Improvements have been undertaken · There is greater access to staff · Volunteer groups are increasingly involved with decision making A brief discussion of these accomplishments took place. MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 17, 1998 Commissioners' Role The question, "What is the role of the Senior Center Cornmission?', generated these responses. · Acts as an arm of the City and County · Brings diverse views to the decision making process. · Reports to funding bodies · Advisory body to staff · Makes recommendations to the City Council and Board of Supervisors · Advocate for · Senior Center budget · Senior issues · Senior Center · Involved with planning and long range goals · Fund raising · Listens to participants and gives input to Coordinator · Supports staff · Policy development A discussion of these issues followed. Role Performance: Improvements and Changes Commission members identified several approaches for improving the Commission's overall performance. · Focus on the big picture · Annual agenda identifying issues of concern · Anticipate potential problems · Be proactive · Improved follow up · Establish a timeline · Assessment/evaluation conducted regularly · Commitment · "Check-in" to evaluate progress · Planning/Anticipation/Proactive stance · Baby Boomers · Process Development · Utilize Coordinator for input MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 17, 1998 Review of existincj Mission Statement and Goals The Senior Center Mission Statement and goals were reviewed. Everyone agreed that revisions were unnecessary at this time. Key Issues A request to identify key issues on which to focus Commission attention in the next one or two years produced the following list: 1. ResoNe relationship issues between the Commission and the Council of Elders 2. Continue to support efforts to enhance building accessibility 3. Review the Senior Center Survey and support appropriate follow-up 4. Resolve re-emerging Woodshop issues 5. Develop program planning and evaluation processes 6. Develop outreach strategies for "pre- young. old" 7. Continue to encourage attendance at the Center 8. Determine the Commission's role in outside fund raising 9. Develop active roles for commission members 10. Develop plan for addressing new parking issues - short and long term 11. Conduct a fiscal review in relationship to funding sources, participation and in-house agency accommodations An overview and discussion of these issues followed. A plan for action will be discussed at a future Senior Center Commission meeting. The meeting was adjourned at 5:50 p.m. RULES COMMITTEE MEETING March 23, 1998 Rules Committee: Meeting of March 23, 1998, 6:30 p.m. Committee Members Present: Lehman, Norton. Staff present: Franklin, Karr. Public Art Advisory Committee By-Laws The Rules Committee recommended the following changes to the by-laws presented: ARTICLE III. MEMBERSHIP Section 1. Qualifications. Change last two sentences to read "The remaining three (3) members shall be ex-officio and shall be one (1) staff representative from each of the Departments of Public Works and Parks and Recreation, and one (1) representative from the Design Review Committee. All appointed members of the Committee shall be qualified electors of the City of Iowa City, Iowa." Section 5. Vacancies. Change to read "Any vacancy among the appointees on the Committee because of death, resignation, long-term illness, disqualification's or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Any vacancy of an ex-officio member shall be filled by the appropriate agency within 30 days." Section 6. Terms. Add sentence to the very end to read "Ex-officio members shall serve for a term of one year; such terms shall be renewable at the discretion of the appropriate agency." ARTICLE IV. OFFICERS Section 1. Number. Change to read "The officers of this Committee shall be a Chairperson and a Vice-Chairperson, each of whom shall be elected by a majority vote of all members of the Committee from those Committee members appointed by the City Council." Rules Committee Minutes March 23, 1998 Page 2 Section 3. Vacancies. Change to read "A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the Committee for the unexpired portion of the term, except as provided in Article III, Section 6, above." ARTICLE VI. POWERS AND DUTIES The Rules Committee noted concerns relating to the authority of the Committee as to whether they are a recommending body or a decision making body and recommended that Council refer this back to the Public Arts Advisory Committee for a possible joint meeting.