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HomeMy WebLinkAbout1998-07-28 Bd Comm minutesMINUTES BROADBAND TELECOMMUNICATIONS COMMISSION JUNE 22, 1998 CIVIC CENTER LOBBY CONFERENCE ROOM RECOMENDATIONS TO CITY COUNCIL The Commission recommends to the City Council that they approve the government channel underwriting guidelines. SLIMMARY OF DISCUSSION Martel reported that due to some problems, the rebuild contractor has been replaced. Mathews reported TCI has informed the City that they intend to add the Playboy Channel on the analog tier when the rebuild is finished. Mathews is working on an opinion regarding scrambling of the channel or only carrying programming during certain hours pursuant FCC rules and the City franchise agreement. Shaffer noted the materials in the meeting packet regarding the FCC's denial of TCI's appeal of a local rate order dating from 1996. The City will be sending TCI a letter asking them to submit a rebate plan. Helling said the the City received a letter from McLeod today inquiring about providing service to Iowa City. Paine said that nothing has been decided as far as purchasing a building in conjunction with the government channel. A studio is a high priority for PATV and the building being considered does not have a studio. Renting space is being investigated. APPROVAL OF MINUTES Fisher's name was inadvertently left off those attending the May meeting. The Commission did not meet in May due to the Memorial Day holiday. It was moved by McKray and seconded by by Hoch to approve the corrected April 27, 1998 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. TCI REPORT Martel displayed a map indicating where the rebuild has been finished and where work is in progress. Martel reported that due to some problems the rebuild contractor has been replaced. Shaffer said he has been receiving complaints about outages over several days lasting large portions of the day-time hours. Martel said that when crews are working near amplifiers outages of several days can be experienced. The door tags do inform subscribers that outages can be expected but do not indicate the duration. The rebuild is expected to be complete by the end of July. SENIOR CENTER REPORT McKray reported that Russ Nordman has been substituting for Miriam Bennett while she is in Europe. Additional Senior Center TV volunteers are being recruited. ECC REPORT None. LIBRARY REPORT Fisher reported the library has been running a series of ads on the library channel featuring a character named Alec whose name is derived from "a library electronic connection". The ad campaign is promoting an information kiosk which ~will be unveiled Friday at 1:00 p.m. at the Sycamore Mall. The event will be taped. Fisher thanked the government channel for loaning equipment for remote shoots this summer. The summer reading program starts Thursday and will be carried live through-out the summer. LEGAL REPORT Mathews reported TCI has informed the City that they intend to add the Playboy Channel on the analog tier when the rebuild is finished. Mathews is working on an opinion regarding scrambling of the channel or only carrying programming during certain hours pursuant FCC rules and the City franchise agreement. The channel is a pay service. CABLE TV ADMINISTRATOR REPORT Hardy reported the activities of the Media Unit have slowed down some. The Media Unit continues to cover community programming. Fourteen applications for the community programmer position have been received and interviews will be held shortly. Shaffer noted the materials in the meeting packet regarding the FCC's denial of TCI's appeal of a local rate order dating from 1996. The City will be sending TCI a letter asking them to submit a rebate plan. A breakdown of the access channels' funding was forward to the City Council at their request. Also included in the packets were two proposals, one dealing with creating World Wide Web pages for City departments and the other dealing with a human assistance, or Avatar, to guide InfoVision callers through the use of the system and World Wide Web. Shaffer reported that the Community Television Group (CTG) agreed to allocate part of the annual pass-through funds to cover some of the cost of building a studio for PATV in the proposed joint facility. Jeppsen said the Commission sees no problem in using the pass-through funds for that purpose. Shaffer reported receiving five complaints regarding outages, three about a program on PATV, three about not receiving a notice that service was going to cut off, two about a program on the government channel, two about the rebuild contractors not cleaning up limbs and other waste, and two about poor signal quality. Hoch said press reports indicate that McLeod is interested in providing cable service to Iowa City and asked if there were any steps the City might take to hasten that possibility. Helling said the the City received a letter from McLeod today inquiring about providing service to Iowa City. A copy of that letter will be forwarded to the Commission. Jeppsen said he was contacted by Bill Cleveland of the University of Iowa inquiring about the RFI issued by the City and University. Shaffer said he had talked with Cleveland who informed him that four or five responses had been received. Shaffer asked him for a report or any other information, but nothing has been sent. Jeppsen said that Cleveland told him that none of the received proposals were noteworthy. Shaffer said he will contact Cleveland and try and get additional information. PATV JOINT FACILITY Paine said that nothing has been decided as far as purchasing a building in conjunction with the government channel. A studio is a high priority for PATV and the building being considered does not have a studio. Renting space is being investigated. PATV may need to be in a transitional space during the summer even if a joint facility is pursued with the government channel. Contingency plans were made so that PATV could continue to cablecast from the Civic Center if they are without a space for a period. Randall reported the library has extended the time PATV can stay in the current space until August 1. Paine reported PATV will be closed to the public the last two weeks in July to move, but will continue to cablecast programming. Jeppsen said that as he understands it the stumbling block on purchasing the proposed building with the government channel is the lack of a studio. Jeppsen asked Paine if PATV was certain they needed a studio and noted that the University of Iowa Video Center abandoned studio shoots and that style of production a long time ago. Paine said that at this time the studio generates most of PATV's programs. A studio is needed to continue to service people as they have been. A large amount of money is invested in the camera configurations used in the studio and the the control room for the studio. Paine said that it would require a great deal more training and effort to set up the equipment each time if no studio was available to producers. Hoch asked to review the financing for the proposed joint facility. Helling said the figures were based on a financing package of $500,000. PATV would borrow money to cover 20%, funds dedicated to a joint facility from the pass-through account (including an internal city loan against future pass-through revenue) would contribute 40%, and the government channel would contribute 40%. PATV would contribute roughly $100,000 and $200,000 each from the government channel and the pass-through fund. Hoch asked it this corresponds to the amount of space each entity would have in the facility. Helling said those figures are based on funds that could be available. Hoch said that the result is a subsidy for PATV from the City. Shaffer said that the pass-through fund is subsidizing part of the building. Shaffer said PATV has no reserve funds to put towards a building and must borrow all the funds contributed towards a building. It is unlikely the bank would loan PATV $200,000. Helling said that equity in the building would be proportional to the amount contributed. Helling said that the City never operated with the assumption that there might be a problem with this type of subsidy for PATV. The Commission may wish to discuss the issue if it has difficulty with that concept. Hoch said he is concerned with the inequity in the arrangement. The City, through the government channel and the pass-through is contributing 80% and PATV is contribution 20% but receiving 50% of the benefit. The City isn't getting a good deal. There are some people in the community that are concerned with the amount of fund that PATV already receives and this arrangement is a substantial increase in that subsidy. Weingeist said that without PATV's contribution that the building could not be purchased and PATV is giving as much as they can. If the government channel's contribution was brought down to the level PATV could afford to achieve equity, no building could be purchased. PROGRAMMING AND CITY COUNCIL Jeppsen said that the Commission may wish to make a recommendation to the City Council in regards to any action they may be considering which might be ill-advised and recommend other possible avenues to address their grievances. According to some reports some Councilors may be considering using City money to sue PATV. If this is the case, the Commission may want to communicate with the Council on other options. Shaffer said he doesn't know what, if any, action the Council may be considering. Individual Councilors may be considering steps they might take, however. Weingeist said this issue is not a high priority in the publics mind as demonstrated by Shaffer receiving only three complaints. Randall said that PATV will be hosting a community discussion June 25 from 6-9 P.M. in Library Meeting Room A. The forum will give the public a chance to express their concerns. City Councilor Dee Norton will attend on behalf of the City Council. Hoch suggested PATV could display their guidelines on the channel to help educate the public on the legal framework public access operates in. Mathews said there have been members of the Council who have asked questions about the City's contract with PATV and funding sources, but he us unaware of any law suit. Helling said that the Council has not discussed this item as a body. The Council did request information on funding to which Helling responded to with a memo. SYSTEM REBUILD Jeppsen said the rebuild was covered under TCI's report. Heck said TCI has activated additional channels, including the digital channels. A new phone system was recently installed which has not met TCI expectations. Given the rebuild and the busy schedule this time of year there has been some frustration among subscribers. TCI is working with the company which sold them the phones and hopes to get the problem resolved this week. The cable modem service @ Home will be launched in the first quarter of 1999. The service can be sold separate from cable tv service. CONSIDERATION OF UNDERWRITING GUIDELINES Shaffer reported that the underwriting guidelines are based on the PBS and are quite conservative. The guidelines will be added to the government channel guidelines. Hoch asked why pharmaceuticals were included in the list of prohibited products. Shaffer said that he had no problem with them, but they were excluded in the PBS guidelines and it was desired that a conservative approach be taken. It was moved by Hoch, seconded by Weingeist to recommend approval of the underwriting guidelines to the City Council. The motion passed unanimously. It was moved by Hoch, seconded by Weingeist to adjourn. The motion passed unanimously. Adjournment was at 6:53 P.M. Respectfully submitted, J~Shaffer ,~ Cable TV Administrator MINUTES HISTORIC PRESERVATION COMMISSION THURSDAY, JUNE 11, 1998 - 5:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Lars Anderson, Ann Cairns, Trudy Day, Frank Gersh, Mike Gunn, Betty Kelly, Doris Malkmus, Pamela Michaud MEMBERS ABSENT: MichaelanneWidness STAFF PRESENT: Scott Kugler OTHERS PRESENT: Craig Pettit, Linda Shope CALL TO ORDER: Chairperson Malkmus called the meeting to order at 5:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CERTIFICATE OF APPROPRIATENESS FOR 130 E. JEFFERSON STREET: Kugler explained that Hodge Construction is proposing two buttress walls to replace a small addition removed from the north wall of the Park House Hotel. Craig Pettit of Hodge Construction Co. said the walls are needed to provide lateral stability to the north brick wall that is bulging to the north. The walls would also serve as the base of an outside stairway and eliminate new loads on the existing deteriorated brick walls. Kugler asked Pettit whether the 4-foot east wall could be raised (and perhaps turned into a rail for the stairway) to match the 9-foot west wall. Kugler believed this could either improve the look of the building by the stairway appearing incorporated with the walls or it could possibly diminish the site by taking away the view of Dubuque Street. Pettit said the east wall is short because it incorporates into the hand rail and the engineer did not want to draw attention to it. He said they have found new brick which matches the building to cover the concrete walls. Malkmus and Day asked Pettit if he would be opposed to another 9 foot wall and whether it would work with the hand rails. Pettit said because the hand rail is continuous, there would need to be a way to guide into it. In addition, he felt they should not hang a steel rail from a brick wall. Pettit said the addition recently removed from the building where the new walls are being built were not original, but had been added to the original building. Gersh commented that less construction added to the original building would be better than more and agreed with using a shorter 4-foot wall. Pettit said a sidewalk will be poured to the rear door and they would like to incorporate some green space. Historic Preservation Commission June 11, 1998 Page 2 In response to questions about security issues, Pettit said the area would be well lit and noted it is a commonly traveled pathway. The 9-foot poured wall is necessary to serve as a buttress to transfer the load from the bulge in the wall down and out. Kugler and Kelly asked if there could be any openings in the wall (such as in a flying buttress) which would help with security. Pettit said there could but they would rather not as it would reduce the load capacity of the wall. Kelly said she thought the wall Hodge proposed was a more reasonable solution. MOTION: Anderson moved to grant a certificate of appropriateness for 130 East Jefferson Street as shown on the plans submitted. Day seconded the motion. The motion carried by a vote of 8-0. SECTION 106 REVIEWS: Kugler briefly explained these reviews are a step in the review process (for federally funded projects) in determining whether a property or dwelling is eligible for the National Register. The two step process is: 1. Is it eligible for the National Register? 2. Does the work plan comply with the standards of the Secretary of the Interior? 1007 E. Bloomington Street Kugler passed out photographs of the property. He said it does not appear to be eligible for the National Register. The work is mainly interior and little is known about the history of the home. The exterior work is primarily painting and removing a shed from the back of the building. MOTION: Kelly moved that 1007 E. Bloomington Street is not eligible for the National Register for Section 106 purposes. Anderson seconded the motion. The motion carried by a vote of 8-0. 1208 Ginter Avenue Photographs of the property were reviewed. The Commission agreed that because the vyork was primarily roofing, gutters, and downspouts, it does not appear that the standards will be violated. Although the area is a potential historic district as a Moffitt district, the property does not appear to fit that description. MOTION: Anderson moved that 1208 Ginter Avenue is not eligible at this particular time for the National Register. Kelly seconded the motion. The motion carried by a vote of 8-0. 1502 Yewell Street Kugler stated that the owners wish to place a 4-inch board along the dormers where the cedar shingles are rotting, replace trim, and replace plywood at the bottom of a second floor box bay window. The Commission reviewed photographs and agreed that the house is eligible the National Register, as it is a good example of a Howard Moffit designed and designed and constructed building. Historic Preservation Commission June 11, 1998 Page 3 MOTION: Kelly moved that 1502 Yewell Street is eligible for the National Register. Day seconded the motion. The motion carried by a vote of 8-0. The Commission members agreed that the project meets the Secretary of the Interior's standards. However, the Commission believed the roof should remain a dark color and disagreed with a facing board being placed along the dormers to replace the cedar shingles. MOTION: Anderson moved to find that the proposed work on 1502 Yewell Street meets the secretary of the interior's standard, subject to the use of a dark, solid color roof shingle, and that rather than inserting a 4-inch board along the dormers, all shingles on the dormers be replaced. Cairns seconded the motion. The motion carried by a vote of 8-0. DISCUSSION OF NATIONAL COMMISSION FORUM SCHOLARSHIPS: Malkmus said she wished to discuss this forum as well as any other ideas about how the Commission members could educate themselves on historic preservation. Kugler stated that along with the state scholarship to assist members in attending the conference, Bob Miklo has informed him that there are some city funds available to send a representative. The cost for one person would be approximately 8604.00. The cost would be approximately 81,064.00 for two people if a room were shared. In summary, funds are available for one person. If a second person wished to attend, that person would be required to contribute some money, or costs shared. Kugler said he could see the benefit of sending two people because some sessions run concurrently. Malkmus stated she would like to see any members who were interested attend the conference. Anderson, Day, Gersh, and Malkmus expressed interest in attending. Kugler said he will discuss cost and possibilities with Miklo. Malkmus suggested that during this painting season the group be aware of color and consider ways to educate themselves on paint schemes. For example, there is a book on painting in the library. Malkmus stated she talked with Marlys Svendsen, who said she would be willing to spend a couple of hours discussing painting or presenting a session on painting in September. The Commission discussed the possibility of hosting a day-long seminar involving other historic preservation commissions from around the state. Kugler said that in the spring and fall, the state will often sponsor a local commission to organize a seminar and invite other groups from the state. Kelly said she would look into organizing such an event. Gunn asked if they could find out any information about old ordinances for the city. Kugler said he believed no ordinances existed in the early years. Building codes were not instituted until early this century and zoning ordinances did not come into play until about the 1920s. Historic Preservation Commission June 11, 1998 Page 4 DISCUSSION OF MEETING WITH REPRESENTATIVES REGARDING HISTORIC PROPERTIES ALONG THE EAST BETWEEN MARKET AND BLOOMINGTON: FROM MERCY HOSPITAL SIDE OF GILBERT STREET Malkmus referred to a letter in the meeting packet written to the Board of Trustees at Mercy Medical Center. The letter provides details about a meeting with Mercy concerning the expansion of the hospital and the hospital's acquisition of the Solomon Grimm House at 411 Bloomington Street and the Adam Schneider House at 230 Gilbert Street. Malkmus said the Mercy representatives were inflexible to the collective concerns of the Historic Preservation Commission, the Friends of Historic Preservation, and the Northside Neighborhood Organization about maintaining the streetscape. The Mercy Board of Trustees is willing to move the houses. However, the mission of the groups who are working on this effort is to maintain the streetscape. Mercy's plan to address the streetscape issue was to meet with the groups and develop a plan to move the buildings and allow input on the design of the new structure. Malkmus said after the meeting with Mercy, the groups met again to discuss Plan B. The groups decided that the next plan would be a letter-writing campaign directed to Mercy's Board of Trustees. Malkmus requested input on the tone and approach of the letters. Day said she understands the historical value of the houses but the houses have not been well maintained. Kugler said the advantage of this is the houses have not been altered either. The Commission discussed how they should demonstrate to Mercy that the hospital can use the back ends of the lots while retaining the homes and the streetscape. However, they noted that representatives of Mercy have stated the hospital eventually wishes to control the entire block. Malkmus said owners of four of the houses on the block are interested in a historic designation. Before initiating a letter-writing campaign and making the issue a public forum, the Commission agreed that Plan B should consist of first contacting Mercy to request the opportunity to make a presentation. The Commission will send a letter requesting a forum and follow up with a phone call. At the same time, members of the Commission could contact members of the Board of Trustees individually. A list of Board members was routed for Commission members to initial if they knew a Board member and would be willing to contact that person. Gunn noted that just in case other plans are not successful, the Commission should also be open to assisting with the design of Mercy's new addition in order to at least preserve the streetscape. Gunn said he would be willing to attend a meeting with Mercy representatives to discuss his ideas. He said award-winning projects in other cities have maintained streetscapes while incorporating new construction. Historic Preservation Commission June 11, 1998 Page 5 Plan C will be to attempt to obtain historic landmarks for the two houses Mercy owns. If this fails, the Commission can attempt to obtain historic designations for the southwest corner where there are four houses. DISCUSSION OF GRANT PROJECTS: Longfellow Neighborhood Survey, Phase II Original Town Plat Survey, Phase II Early Neighborhood Northeast of the Original Town Plat Survey, Phase III Kugler stated he has no information to report at this time. REPORTS FROM TASK GROUPS: Conservation Districts Michaud stated she has no news to report at this time. Historic Landmarks Anderson stated he has no news to report at this time. Maps/Brochures Kelly created a draft guide map of the city but said she would like input on what the Commission wishes to emphasize: the Commission, the districts, the historic landmarks, or all three. Kelly said she would also like to include a short description (2-3 lines about the history and characteristics) of the districts. Commission members agreed they would like to see a large map with a list of houses of interest and the proposed districts. A description of the Commission would appear on the back of the map. To fund the project, Kugler suggested the Commission sell advertising in the extra space at the bottom of the map. For cost savings, Day said she would contact a person who may be willing to lay out the map for a nominal fee. Anderson left the meeting at 7:25 p.m. CONSIDERATION OF THE MAY 14, 1998 MEETING MINUTES: Malkmus suggested the group look at the minutes for the 621 Summit Street review carefully. There were no changes to the section. In the second paragraph, second sentence on Page 8, Michaud said the wording should be "axis of the house," not "access of the house." Kelly said on Page 5 the name she refers to should be "Scott Kunst" not "Scott Kunis." Historic Preservation Commission June 11, 1998 Page 6 MOTION: Cairns moved to approve the May 14, 1998 meeting minutes with the two corrections. Michaud seconded the motion. The motion carried by a vote of 7-0. COMMISSION INFORMATION/DISCUSSION: Commission Time Kugler handed out a copy of Preservation Briefs from the Secretary of the Interior. The publication contains standards and guidelines for rehabilitating buildings. He asked the Commission to review the information before the 5:00 p.m. meeting on Monday, June 22. Letter from Garrett Stewart Regarding Proposed Alterations to Property at 621 South Summit Street A review for a certificate of appropriateness for the property was discussed during the May 14, 1998 meeting. The application is for an addition to the building for accessibility. Malkmus said she received a call from Ruedi Kuenzli who advised her that Arvid Osterberg, a professor of architecture, will be coming to Iowa City. He will be discussing adaptations to historic properties for persons with disabilities. He suggested that before a review of this property, perhaps the Commission should talk to Osterberg. Kugler said if the Commission wishes to specifically discuss this property, they must call a special meeting and contact the owner, Cairns thought there could be a general discussion of these types of issues instead. Kelly said the Commission may want to Consider this topic for the statewide seminar discussed earlier in the meeting. ADJOURNMENT: MOTION: Cairns moved to adjourn the meeting. Day seconded the motion. The meeting was adjourned at 7:45 p.m. Minutes submitted by Wendy LaRive. hpc0611 MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY JUNE 11, 1998 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Rick Mascari, Howard Horan, Mark Anderson, Tom Bender STAFF PRESENT: Denms Mitchell, Ron O'Neil CALL TO ORDER: Vice-Chairperson Mascari called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: Anderson said that during Commission members' reports, he had asked about sending letters to tenants of the Airport to get feedlmck on services. Horan said he was going to send the letter, but had not had lime. O'Neil will send the letter to lenams and other Airport customers. The minutes of the May 14th, 1998, Commission meeting were approved as corrected. AUTHORIZATION OF EXPENDITURES: Bender made a motion to approve the bills. Anderson seconded the motion and the bills were approved 3- 0. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were discussed, ITEMS FOR DISCUSSION/ACTION: a. ACSG Project: Greg Bridger said the closing for the Fitzgarrald property was scheduled for June 29, 1998. Negotiations will begin on the Dane property soon. An offer has been signed on the Hagen property. Some of the Hagen parcel will be resold. There has been a lot of interest in the property. The from one-third of the property will be retained and an easement will be granted to the remainder of the lot. Mascari said the Commission should consider leasing the property instead of selling it. Bridger said it is probably in the Airport's best interest to sell the property. There was a two-hour meeting with the owner of the Iowa City Mobile Home Park There has been progress in the negotiations. The entire park will be purchased. The appraisals are being updated. When the appraisals are received, the offer will be updated and negotiations completed. O'Neil said that when the Fitzgarmld property is closed, arrangements will need to be made to manage the mobile home park until the tenants are relocated. The current manager has agreed to manage the park until the relocations are made. This is a reimbursable item. It is not part of ACSG' s contract. Bender made a motion to have Horan, O'Neil and Mitchell negotiate an amendment to the ACSG contract for management services. Mascari seconded the motion and it passed 3 - 0. Airport Terminal Building: Maurice Cohen, from HLM Design, presented information on their inspection of the AL,~rt Terminal. The mechanical and electrical should aH be replaced. A program was developed for muse of the bnilding. The exterior is in relatively good shape. The roof has been replaced recently. There is one wall that is leaking and may need some tuck pointing to eliminate the problem. The windows appear to be original and are in bad shape. Other than moving United Airlines out and closing the restaurant, the building is much as it was in the early 1950's. The landscaping has seemed to have outgrown it original intent. The interior is much the same as it was 45 years ago, with some cosmetic improvements. The second floor meets code as it is now being used, but will need some improvements ff it is to be used as public space. The windows should all be replaced. If the Commission wants to keep the same look as the building now has, a similar, but more efficient design of window could be installed. The original doors need to be replaced and the masonry on the second story north wall should be addressed. The first floor north wall needs some of the wood replaced. The mechanical needs to be replaced. The most efficient way to install air conditioning is to restall roo~op units. This would take two or three units. The Airport Terminal used to be serviced by a septic system. When the line was hooked to City sotvice, the line was installed with very little flow. More research will be done on this to see ff improvements can be made. Electrically, the building needs a major overhaul. A fire alarm system should be Cohen said he met with ICFS and O'Neil to discuss space needs in the building A better public use area will be designed. ICFS will give up some space in anticipation of having additional office space in a new hangar building that is being proposed. The upstairs could be redesigned as a conference room and some office space. This would require making the second floor handicapped accessible and a second means of egress would have to be installed. An outside stairs could be installed on the south end of the building The downstairs lobby area would be opened up and the ICFS counter moved to the south side of the lobby area. This would allow for public seating closer to the west windows. The ground school room would be converted to a pilot' s lounge and the current pilot's lounge would be a public lounge and vcnding area. The base project, which is the mechanical and electrical work and the exterior, is estimated to cost $ 365,904. Complete renovation, including installation of an elevator and space reallocation, is estimated to cost $ 853,424. The cost estimate to replace the building is $ 726,000. The Commission members thought the costs were too high. They will meet in small groups with HLM before the next meeting to see if there are ways to reduce the cost before presenting the information to the City Council. This will be an agenda item for the Commission for their July 16th meeting. fithe Commission can come to some agreement at the July meeting, a work session will be scheduled with the Council on July 27th. c. Southwest Corporate hangar: ICFS would like to lease a 120' by 120' hangar building with a two story attached office space. ICFS would use most of the office space for themselves, with some space available for corporate tenants. Several issues were discussed, including who would finish the office space. O'Neil said a site plan has been ordered. He said he told Van Winkle-lacob to site a 120' by 120' building, with a 20' by 60' office f. space. The office space would be on the north side of the building. O'Ne~ said he would also like to see some type of green space or picnic area between the new office building and the Airport Terminal. This would give the public somewhere to go to watch aircraft landing and departing, The site plan will be available for the next meeting, O'Neil said that if the Commission approves this project, it would be on the Council agenda on June 150' and June 16m. ff the Council agrees to fund the project, someone will be hired to design the building and prepare bid materials. Mascari made a motion for a resolution to ask for financial support from the Council to build a new FBO hangar. Anderson seconded the motion and at roll call vote, the motion passed 4 - 0, with Foster being absent. Van Winkle-Jacob has given a bid to design the building and help prepare the bid package for $ 7900. Anderson made a motion to hire Van Winkle-Jacob to prepare bid documents. Bender seconded the motion and it was passed 4 - 0, with Foster being absent. This is contingent on support from the Council. d. Fuel farm site: Carl Byers, fxom H.R. Green, gave the Commission information on ntles and regulations concern fueling on airports. One of the issues to be resolved is whether a fuel farm could be sited that could serve Iowa Jet Services and ICFS, or ff two fuel tank sites would have to be built. Byers presented a proposal to develop a plan for a new fuel tank site at the Airport. This would include an analysis of above vs. below ground tanks, and construction costs of building a new site. Anderson made a motion to hire H.R Green to conduct the fuel farm site study. The amount of the contract is $ 3000.00. Mascari seconded the motion and it passed 4 - 0, with Foster being absent. The information will be ready for the August Commission meeting. Iowa Jet Services: O'Neil said Mascari, Mitchell, and Anderson met with IJS on May 29th to work out additional details. O'Neil gave IJS a copy of the minimum standards and asked IJS to provide the information needed for the FBO application. Mitchell asked for some information in relation to funding for economic development. Mitchell wffi contact IJS tomorrow. O'Ne~ said he invited IJS to be at the Council work session on June 18m and explained it was important for IJS to be represented at the meeting. O'Neil wrote a memo updating the Council on what issues are pending concerning IJS. IJS is on the agenda at 9:00 a.m. North Commercial Area: Public Works scheduled a meeting with interested engineering firms to design the infrastructure for the North Commercial area. Several films were interested_ Iowa City Community School District lease: O'Neil said the land lease is for one year. The rent schedule was determined two years ago. Bender made a motion to approve the one- year lease with the Iowa City School System. Mascari seconded the motion and it was passed 4 - 0, with Foster being absent Iowa National Guard lease: The Guard lease expires at the end of August 1998. There was a provision in the lease for an additional three years, ff agreed to by both parties. Mitchell suggested that although the additional three years was included in the ori~nal lease, a public hearing should be conducted. Bender made a motion to set a public hearing for July 16th, 1998. Anderson seconded the motion and it was passed 4 - 0, with Foster being absent. O'Neil said the last land lease with the City Rehab Building was at $ .093 per square foot. He recommended the Commission use that number to treat aH tenants the same. This will be an item on the July agenda. CHAIRPERSON'S REPORT: Horan talked to Bob Staib last Sunday and Staib thought the Commission was moving ahead as best as they can with Uying to locate IJS. COMMISSION MEMBERS' REPORTS: Anderson said the comment letter he suggested earlier should be sent to anyone who does business with the Airport. He has a sample letter. He will send the letter to O'Nefi to distribute. Anderson wanted to know if there has ever been a simulated aircraft disaster drill. O'Neil said that was discussed when the Airport Aircraft Emergency Plan was completed. Mascaxi and Anderson said they would be interested in being the subcommittee to plan the evenL O'Neil will get a copy of the Emergency Plan for Anderson. Mascari said Iowa City Landscaping is not locking the gates on the property they lease from the Airport. O'Neil will send them another letter reminding them that the gates need to be locked when no one is at the storage area. ADMINISTRATIVE REPORT: O'Ncil said a demonstration would be scheduled with DTN for August. Mascari asked if that could be scheduled in July. O'Neil said he would see if that could be arranged. O'Neil said a group that ~es gliders wanted to use the Airport on Jane 136. They wanted to hunch their gliders by towing with them with a vehicle. O'Neil said he told them that for safety reasons, he would not allow unauthorized vehicles driving on the runways. The University of Iowa group that wanted to install rain gages at the Airport finally produced a layout plan. Many of the gage sites would not be convenient for Airport operations. Some are proposed to be in the agricultural land, some are in the North Commercial area, and some are in the area where the Wffiow Creek sewer will be built O'Ne~ will work with the group to see ff there are enough sites on the Airport to make their project work O'Neil said Steve Atkins and Chuck Schmadeke would like to schedule a meeting to discuss the proposed Public Works site. Most of the Commission could meet June 18 at 11:00 a.m. O'Neil will Schedule the meeting. SET NEXT MEETING: The next reg~dar Airport Commission meeting is scheduled for July 16, 1998, at 5:45 p. nt ADJOURNMENT: Howard Horan, Chairper~n MINUTES IOWA CITY BOARD OF APPEALS MONDAY, JUNE 8, 1998 - 4:30 P.M. PUBLIC WORKS CONFERENCE ROOM, IOWA CITY CIVIC CENTER MEMBERS PRESENT: Anna Buss, Robert Carlson, Gary Haman, Wayne Maas, John Roffman, John Staska, Tom Werdefitsch STAFF PRESENT: Ron Boose, John Bovey, Kathy Zuckweiler OTHERS PRESENT: Becky A. Barkalow, Goldene B. Haendel 1. CALL TO ORDER The meeting was called to order at 4:34 p.m. by Chairperson Carlson. 2. CONSIDERATION OF THE MINUTES OF THE APRIL 6, 1998 MEETING Roffrnan moved to approved the minutes of the April 6, 1998 meeting as submitted. Haman seconded. The motion carried unanimously 7-0. HEAR A REQUEST FOR A VARIANCE FROM SECTION 14-5E-19H OF Th~ HOUSING CODE (SCREENS AND STORM WINDOWS) FOR A BUILDING AT 227 WASHINGTON STREET Carlson asked if the variance request was for screens or storm windows or both. Haendel replied that the request was for storm windows. She said that the existing windows are very large and very old and the cost to the owner to replace the windows would be great. Boose introduced Bovey as a Housing Inspector and said that Bovey was present at a meeting attended by Haendel, Barkalow and Doug Bc},~throy. Bovey said that his primary concerns are the lack of rescue and escape windows and the lack of screens in operable windows. Bovey said the continued existence of single-pane windows was not of great concern except that, as the single-pane windows are replaced, they should be replaced with double-glazed windows. Bovey said that the windows in the front of the building were in metal frames and in reasonable good condition. The windows at the back of the building were very large, not adequately weathertight and some did not open properly. Werderitsch asked if double-glazed windows were required by the energy code. Bovey replied that the Housing Code required dotible-glazed windows. Carlson said he found the staff recommendations reasonable. Those recommendations were: 1) existing single-pane windows are maintained in a weathertight and functional condition that meets all other requirements of the Housing Code; 2) this variance does not alter or reduce the requirements for screens on operable windows; and 3) any replacement windows will be double-glazed. Werderitsch asked which windows do not meet rescue and escape standards. Bovey replied that the front windows which open onto the fire escape are adequate if they are operable. The windows at the back of the building, according to Bovey, are dilapidated and some are inoperable. Werderitsch asked if any of the windows function properly. Bovey replied that all of the windows had something wrong with them. Werderitsch asked if the natural light requirements were meet in each apartment. Bovey replied that natural light was not a problem. Boose noted that the only variance staff recommends is that the existing single-pane windows be allowed to remain as single-pane windows provided they are weathertight and functional. If the single-pane windows are not weathertight and functional and must be replaced, the replacement windows must be double-glazed. Iowa City Board of Appeals June 8, 1998 page two After some discussion of alternatives, Werderitsch moved to gram the variance with the conditions enumerated in the staff recommendation. Roffman seconded. The motion carried unanimously. 4. OTHER BUSINESS Boose distributed forms for each Board member to complete, listing any business entity that Board member is party to, and stated that the City Attomey and City Clerk have requested each board and commission complete these forms to avoid any potential conflicts of interest in the future. Boose distributed code books to each Board member and asked them to begin reviewing the code changes in preparation for adoption. Boose said that there are some local issut~s that will be presented for discussion. Boose also said that the HomeBuilders Association will be notified of the local issues and asked to bring forward any items they would like to discuss. Boose gave Board members copies of the Analysis of Revisions to the building code which summarizes the changes made at the national level. Board members also received copies of the Uniform Code for Building Conservation which Boose said the Board had expressed interest in adopting. Boose said John Shaw had purchased a copy of this code and offered to read it and make a recommendation to the Board regarding the adoption of this code. Boose noted that City Council had an abbreviated meeting schedule over the summer and asked the Board members if they would be interested in scheduling extra meetings to discuss code adoption with a goal of presenting recommendations to Council when they resumed their regular meetings in the fall. Carlson offered to draft a letter to Mike Hodge on behalf of the Board reminding him of the issues agreed to in the Board's report, in an effort to avoid any problems as the occupancy date approaches. Roffman moved to approve Carlson drafting a letter to Hodge. Maas asked if any verification of the structural improvements had been received. Roffman said Jim Jacob was supposed to submit structural certifications during the renovation. Boose said that he had asked Jacob several times for reports and had not received any to date. Boose said he had received verbal assurances from Jacob that he was inspecting the structural improvements regularly and would provide a report on the work being done. Boose said Jacob was present for an on-site structural inspection to answer the City inspectors' questions. Boose stated that the only document he had received to date was a narrative prescription for stabilization, but no certification of the improvements has been provided. Boose encouraged Board members to review the new code books. He said that some of the issues which will be presented for discussion are the natural light requirement in basements and foundation wall reinforcement Boose said that the Building Department recently changed its policy regarding er~ergy audits so that any person can now submit an energy audit provided it is completed using MECcheck software, which is a free program that can be downloaded from the Intemet. Licensed architects or engineers may continue to use any format they choose for energy audits. Maas asked how the HomeBuilders Association would be notified of the code adoption hearings. Roffman said he would put a notice in the HomeBuilders newsletter. Carlson asked Werderitsch to include a notice in the Chamber of Commerce newsletter. Roffman asked if the Board wanted to set meeting dates. Boose said that the regular July meeting was scheduled for July 6. Carlson suggested meeting July 27 and August 3. Haman suggested discussing any appeal requests at the regular first-Monday Board meetings and setting the additional meetings as code review meetings only. Boose suggested meeting August 31, since the regular Board meeting in September falls on a holiday. Boose said additional meetings could be scheduled if needed. Carlson said that if the Iowa City Board of Appeals June 8, 1998 page three HomeBuilders Association had specific items to discuss, they should notify Boose and the agenda for the meeting could reflect those items. 5. ADJOURNMENT Roffman moved for adjournment at 5:22 p.m. Haman seconded the motion. The motion was unanimously approved and the meeting adjourned. Minutes submitted by Kathy Zuckweiler. Approved: Robert Carlson, Board of Appeals Chair Date MINUTES IOWA CITY BOARD OF APPEALS MONDAY, JULY 6, 1996 - 4:30 P.M. LOBBY CONFERENCE ROOM, IOWA CITY CIVIC CENTER MEMBERS PRESENT: Anna Buss, Robert Carlson, Gary Haman, Wayne Maas, John Roffman MEMBERS ABSENT: John Staska, Tom Werderitsch STAFF PRESENT: Ron Boose, Roger Jensen, Gary Klinefelter, Kathy Zuckweiler OTHERS PRESENT: Linda Kuncl, John Oaks 1. CALL TO ORDER The meeting was called to order at 4:47 p.m. by Chairperson Carlson. BOARD INSPECTION OF EXTERIOR OF DUPLEX AND GARAGE AT 716 BLOOMINGTON STREET The Board members performed a site inspection of the duplex and garage at 716 Bloomington Street. Klinefelter and Maas entered the duplex to inspect the electrical service. Carlson, Buss, Haman and Roffman viewed the exterior of the building and the garage. RECESS MEETING AND RECONVENE AT IOWA CITY CIVIC CENTER. LOBBY CONFERENCE ROOM Chairperson Carlson recessed the meeting at 5:00 p.m. and the Board members, staff, Kuncl and Oaks traveled to the Civic Center. The meeting was reconvened at 5:10 p.m. in the Lobby Conference Room of the Civic Center. HEAR APPEAL OF SEVERAL CODE VIOLATIONS CITED FOR THE DUPLEX AND GARAGE LOCATED AT 716 BLOOMINGTON STREET Oaks stated that he understood that the items listed in the appeal were "grandfathered" on this building since they had not been cited as violations in previous inspections. Carlson asked Maas about the condition of the electrical service. Maas said that several conductors went into one terminal and that the fuses had been downsized, but would need to be further downsized to be safe. Klinefelter asked what the terminals were rated for. Maas replied that they were rated for one conductor. Maas also said that the current condition of the electrical service posed a life-safety hazard. Klinefelter said he and Oaks had met at the property with City Electrical Inspector Pat Hansen. Klinefelter said Hansen had outlined a minimum upgrade plan necessary to make the electrical wiring safe. Oaks said when he spoke with Klinefelter about the electrical service, he thought Klinefelter was making a recommendation about upgrading the service and was unaware that it would be cited as a violation. Maas said the electrical service clearly violates electrical code. Oaks said he was unwilling to invest too much money in this property because of its age and questioned the validity of the requirement to correct several of the noted violations because he felt the violations were immaterial. Maas said that with old buildings, things such as those noted on the violation list deteriorate and eventually need to be corrected. Iowa City Board of Appeals July 6, 1998 page two Carlson said he did not believe replacing the screen on the door to be a significant issue and asked if the porch floor would be acceptable if it remained unpainted. Klinefelter said it would be acceptable if it was constructed of treated wood or wood that naturally resists water, otherwise it would be required to have a weather-protected coating. Kuncl said painting the floor would make it slippery. Buss suggested mixing sand into the paint to make it less slippery. Carlson asked why the lack of a storm window in the front of the building had not been cited previously. Klinefelter said there had been a code change to require storm windows. Carlson stated that the next item was the porch supported by concrete blocks and asked what needed to be done. Boose said that the chief issue was the lack of a support column, which had been replaced. Kuncl said that they had replaced the column and were not contesting that item. Boose said that the garage, if not a part of the rental property, was a violation of the Zoning Ordinance which states that any accessory structure on a property must serve the principal use. Oaks said the garage stores the lawmower and other supplies and the tenant can access the garage to use the lawnmower but cannot store a vehicle or other personal items in the garage. Klinefelter said that if the garage stores items to be used for the rental property, it then serves the rental structure and would be in compliance. Carlson read the test of a variance. Maas said the electrical service needs to be repaired. Carlson moved to deny the appeal on the electrical service. Roffman seconded. The motion carried 5-0. Carlson moved to grant the appeal on replacement of the screen. Haman seconded. Klinefelter said this is a routine maintenance item that is cited on many rental inspections throughout the year. Klinefelter questioned the uniqueness of the circumstances pertaining to this particular property and whether the test of a variance was met in this case. Buss said that if the screen was replaced, it would undoubtedly be tom again. After some further discussion, the motion carried 4-1, with Roffman opposed. Maas moved to deny the appeal to allow the porch to remain unpainted. Roffman seconded. The motion carried 5-0. Buss said she did not think a storm window should be required since this is an old building and an owner- occupied dwelling would not be required to install a storm window. Oaks said a storm window had never been in place. Roffman suggested that a code change might be needed so that old buildings that had never had storms would not be required to install them on fixed picture windows. Maas said he would support a code change to counteract the 1993 code change which required storm windows since many old houses were not built for storm windows. Klinefelter said most houses were built to accommodate storm windows and the sash has a place for a storm window to fit. Carlson said that the picture window at this property does have a slot for a storm window. Buss said she would support a general variance to eliminate the requirement for storm windows on existing fixed picture windows. Carlson said that if the Board were to adopt a general variance for this requirement, it would need to set a public hearing and publish notice of that hearing. Carlson moved to direct staff to prepare language for a general variance to exempt fixed windows from the requirement to have storm windows and to have the variance ready for discussion at the next Board meeting. The motion carried 5-0. Buss moved to defer a decision on the storm window appeal for 716 Bloomington pending consideration of the general variance. Haman seconded. The motion carried 5-0. Carlson moved to deny the appeal on the chimney. Roffman seconded. The motion carried 5-0. Carlson asked if the City Attorney needed to render an opinion about the rental status of the garage. Boose said that the Zoning Ordinance mandates that accessory buildings on a lot shall serve the principal use and that if the dwelling was rented, the garage was also considered part of the rental unit, regardless of whether the tenant was allowed to use of the garage. Buss said that it was common among rental units for the garage to be separate from the dwelling and should not be cited as part of the housing inspection. Boose said that based Iowa City Board of Appeals July 6, 1998 page three on the site inspection, it appeared that the garage was sufficiently dilapidated to be considered a dangerous building and could be ordered to be repaired or demolished under the dangerous building code. Carlson moved to deny the appeal on the garage. Roffman seconded. The motion carried 4-1, with Buss opposed. , GENERAL DISCUSSION OF ISSUES AND POSSIBLE CODE CHANGE PROPOSALS TO BE HEARD AT PUBLIC HEARINGS ON JULY 13 AND AUGUST 3 Boose distributed copies of the Uniform Plumbing Code and Uniform Fire Code. Jensen said that he would supply the Board with the Fire Department's recommendations for Uniform Fire Code amendments and adoption and that a member of the department would be present at the public hearings. Boose distributed and reviewed outlines of items for the Uniform Building Code and Uniform Plumbing Code which -staff believes should be considered during the hearings. Boose said that the major changes in the UBC pertain to exiting, which is not locally amended, and will make exiting requirements more understandable and less restrictive. Buss expressed concern about the consistency of housing inspections. Boose said that issue did not fall under the purview of the Board. Haman said he had heard similar complaints about building inspections. Boose said those issues need to be addressed with the depa,iment and division supervisors. 6. CONSIDERATION OF THE MINUTES OF THE JUNE 8, 1998 MEETING' Haman moved to approved the minutes of the June 8, 1998 meeting as submitted. Roffrnan seconded. The motion carried unanimously 5-0. 7. ADJOURNMENT Roffman moved for adjournment at 6:45 p.m. Maas seconded the motion. The motion was unanimously approved and the meeting adjourned. Minutes submitted by Kathy Zuckweiler. Approved: Robert Carlson, Board of Appeals Chair Date IOWA CITY HUMAN RIGHTS COMMISSION MINUTES May 18, 1998 Meeting COMMISSION MEMBERS PRESENT: Tom Dickerson, Pat Harvey, Joan Jehle, Charles Major, Diane Martin, Mettie Thomopulos, Jan Warren COMMISSION MEMBERS ABSENT: Ann Shires, Art Vincent STAFF PRESENT: Heather Shank, Kaci Carolan CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:01 p.m. APPROVAL OF MINUTES: Martin moved, Jehle seconded to approve the April minutes. All in favor; no opposed. The Minutes were approved. RECOMMENDATIONS TO COUNCIL: None. SENIOR CENTER PANEL: Coming up this week, Wednesday, May 20, 1998 at 2:00 p.m. Some draft questions were in the packet. We've been scheduled for an hour-and-a-half. OLD BUSINESS: Keynote Speaker for '98 Breakfast: Professor James Anaya has declined. Shank subsequently asked Reverend Reggie Blount. Thomopulos spoke to him regarding this, and reports that he would have been honored to speak, but he is leaving the area. There's a chance he might remain the Reverend for the church here, but he won't know for about a month. There was discussion about whether the Commission wanted to wait and see if Reverend Blount would still be available, or whether they wished to ask someone else. Other potential speakers were discussed, as were networking resources for additional ideas. The Commission decided to wait until June to see if Reverend Blount would be available, and if he cannot be the speaker, be prepared to swiftly ask one of the other possibilities. This item will be placed back on the agenda for June. Accessible Caucus Sites: Warren, Martin, and Harvey passed around the form and cover letter for the Commission's approval. The list of recipients was again reviewed, including the University contacts. A self-addressed stamped envelope will go out with the forms to improve the response rate. Shank reported on the legality of caucuses being held in City buildings. The meeting rooms in the Civic Center are available only if a City staff person is present. However, other City buildings are available--specifically, the Rec Center, the Transit Building, the Senior Center, and the IC Public Library. Shank said she would compile the City info if Warren would provide her with the forms. Revision of By-Laws: Administrative Closure: Major reported that he had spoken to Shank and Carolan about the admin provisions in the Ordinance itself. He had reviewed these with Vincent. They concurred that this language was clear and free, and therefore should just be added into the by- laws. Harvey indicated that we might want to try to make the passages a little more concise for the by- laws. Carolan agreed she would do this and have a draft in the next packet. This item will go back on the agenda for June. This matter will have to go before the Council by-law committee. Human Rights Commission May 18, 1998 Minutes Page 2 Letter to ICRC on Sexual Orientation: Carolan passed around a revised draft of the letter which was in the April packet for Commission consideration. Warren suggested two small changes, which were approved by the rest of the Commission. The Commissioners all signed the letter. Carolan will send the letter to Don Grove for inclusion in the next ICRC meeting packet. Discussion was held about other people/organization to whom the Commission wished to send a copy of this letter. It was agreed that the letter would be sent to the media contacts, the other local Commissions, and the state legislators. It was noted that McCormick, who is a gubernatorial candidate, has said that he will try to get sexual orientation added to the state civil fights law ifhe's elected. NEW BUSINESS Contact with Council re: upcoming agenda items: If there is another occasion where the Council is going to be considering an agenda item on which the COmmission wishes to express an opinion, it will be up to the individual Commissioners to contact the Council directly. Staff will not act as a liaison in this regard, although Council members may be told to contact Shank should they have specific questions about the HR ordinance, etc. Harvey indicated that she felt strongly that this issue was a two-way street. She believes there have been times when Council has directed calls or comments to Shank or other staff personnel which should more properly be directed to the Commissioners or to Harvey as Chair. Several other Commissioners agreed. Carolan passed out the new Council contact information sheet. Open Meetings Law: Shank reminded Commissioners that everything that is said in the Commission meetings must be recorded and included in the minutes. Therefore, if Commissioners have comments or concerns which they do not wish reflected in the minutes, the comments should not be made. Shank will include the Open Meetings statute in the June packet. Commissioner Use of City Vehicles: Shank reported that if there is another occasion where a Commissioner wants to check out a City car, she or Carolan will need to make a xerox copy of the Commissioner's driver's license. City employees provide this when they commence employment, but it hadn't arisen in relation to Commissioners before because no one had ever used a City car. Gay Pride Parade: is scheduled for Saturday, June 20, 1998. We have a table, from 10 a.m. until 4:00 p.m. Shank and Martin will staff the table from 10:00 until 1:00; Carolan and Jehle from 1:00 until 4:00 p.m. Major said he could be a backup for the aftemoon shift. GLB Panel: Laurie Haag has put together a panel on gay/lesbian rights. She had asked if the ICHRC would co-sponsor. Mainly ICHRC's involvement will be in helping to publicize the event-- posting posters, etc. The panel will be Tuesday, June 9, 1998 at 8:00 p.m. in meeting room A of the ICPL. Shank: asked the Commissioners to complete the business ownership forms, and to correct their contact information for the municipal directory. REPORTS OF COMMISSIONERS: Major: reported on the local Commissioner training that he, Jehle, Martin, and Vincent at-tended. He found it very interesting and was glad to go. He said Shank was very good on her panel, and it was well received. Major was very impressed by Walter Reed (from Waterloo). Major was somewhat surprised at what he perceived to be a cool attitude toward the Iowa City Commissioners. Human Rights Commission May 18, 1998 Minutes Page 3 He also talked about SST Communications (a group that does skit-type presentations to provoke thought and discussion). Martin: Spoke some more about SST, and that she found them really impressive. Martin was also very impressed with law professor Peter Blank, who spoke on the ADA. Jehle: noted that she felt it was a very worthwhile conference to Commissioners to attend as often as possible. Jehle: reported on the meeting at Old Brick on sexual orientation and the church (Revs. Steve Sabin and Jimmy Cmech). Jehle: also pointed out that Theresa Kopatich, a former Human Rights Award winner, is expanding her program/efforts. She hopes to buy the Iowa Lodge (on the Coralville strip) and convert a large portion of it into transitional housing. Warren: commented on NYC Mayor Rudy Gulliani's efforts to extend New York City benefits to same sex partners; it sounds as if those efforts will be successful. She also noted that this makes a salient counter-argument to those people who claim the addition of same-sex partners to benefit programs will bankrupt their city. There was a letter to the editor in the Cedar Rapids Gazette along those lines. Harvey: reported briefly on the recent City Council meeting, at which she and Martin represented the Commission vis-/t-vis the changes to the Housing Authority guidelines. Harvey expressed her thanks to Shank and Martin for attending. Warren commended Harvey on her presentation. Major: Noted that the Employment Non-Discrimination Act (ENDA) and its effect the state civil rights laws had also been discussed at the Commissioner training. Shank indicated that ENDA is still in the Senate, they're waiting for one more vote (which they think they have); after the Senate vote, the measure will go to the House. STATUS OF CASES: There is one case in legal; Team B has a case. Notification letters in one appeal will go out this week. There's one investigative summary pending. Them are two mediations scheduled for May. NEXT COMMISSION MEETING: The June meeting will be June 22, 1998, 7:00 p.m., in the Civic Center Lobby Conference Room. ADJOURNMENT: The meeting adjourned at 8:20 p.m. Warren/Thomopulos. 05/25/98 transcribed by kkc IOWA CITY HUMAN RIGHTS COMMISSION MINUTES June 1998 Meeting (held July 6, 1998 due to inclement weather) FT' COMMISSION MEMBERS PRESENT: Tom Dickerson, Pat Harvey, Joan Jehle, Charles Major, Diane Martin, Ann Shires, Mettie Thomopulos, Art Vincent, Jan Warren STAFF PRESENT: Heather Shank, Kaci Carolan CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES: Vincent asked for clarification of a few points in the May minutes. Vincent asked who had relayed gubematorial candidate McCormick's stance on adding sexual orientation to the state code. Shank indicated she had, and that she later leamed that Vilsack had made similar statements. Vincent asked Major to elaborate on the "coo! attitude" he perceived from other commissioners at the training session in Des Moines. Vincent echoed Major's sentiment, based on Vincent's own attendance in Des Moines. Warren moved to approve the minutes as amended; Thomopulos seconded. All in favor; no opposed. RECOMMENDATIONS TO COUNCIL: None. BY-LAW APPROVAL: Two proposed revisions to the Iowa City Human Rights Commission By- Laws were reviewed and discussed. One revision was to include in the by-laws the administrative closure provisions previously added to the ordinance. The other revision was to change the Commission Team decision from "consensus" to "majority." In preparing the administrative closure provisions, Carolan had noted that the by-laws used the term consensus. Shank indicated that this appears to have been an oversight from a previous revision, since she has a draft copy which in fact utilizes "majority." Harvey pointed out that for her entire 5½ year tenure on the Commission, the actual practice has been to utilize a majority decision. This change would bring the by-laws into alignment with the Conunission's actual practice. Martin moved to accept the changes to the By-Laws as proposed; Shires seconded. All in favor; no opposed. The amendments to the by-laws were approved. This will become a Recommendation to Cotmcil (specifically to the By-Law Committee) on the July agenda. IOWA CIVIL RIGHTS COMMISSION JULY MEETING - For the sake of new Commission members, Harvey explained that each July or August, the Iowa Civil Rights Commission decides which topics they will be addressing at their Fall Retreat. Since 1994, the Iowa City Human Rights Commission has appeared at the ICRC meeting to ask them to consider recommending that sexual orientation be added as a protected category to the state civil rights law. This year's meeting is July 24, 1998, and Harvey will be going to represent the ICHRC. She has asked Shank and Carolan to attend with her, to address any legal questions that may be raised regarding Iowa City's ordinance, its history, its implementation, etc. IOWA LEAGUE OF CITIES PROPOSAL - Dee Vanderhoef approached Shank, who relayed the Human Rights Commission June, 1998 Minutes Page 2 following information to Harvey. The Iowa League of Cities is looking for proposal of possible items to support/present to the legislature. The League's next meeting is July 14, and Vanderhoef would need any suggestions prior to that date. Harvey inquired of the Commission whether they wished to put forth the addition of sexual orientation as a protected class via this route as well. Discussion followed, with Warren requesting additional information about the Iowa League of Cities. Warren also asked whether Vanderhoef would be relaying our proposal to the League or actually advocating for it. Martin (who had spoken to Vanderhoef on this topic) said she didn't know. The Commission indicated their approval. Harvey will draft such a proposal and a copy will be included in the July packet. OLD BUSINESS: Letter to ICRC on Sexual Orientation: Warren asked about the status of this letter, which had been signed by the Commission in May. Carolan indicated that it has been sent to ICRC and to all the other local Commissions. She had not yet sent it to local media; the Commission reiterated their desire that she do so. The Commission had also said they wanted the letter sent to state legislators. Carolan asked whether they meant all state legislators, or just the ones representing the Iowa City/Coralville area. Warren noted that the Commission pretty much already has the support of the local legislators. Therefore, Carolan indicated she would mail the letter to all the state legislators. She will include a copy of the final letter in the July packet. Keynote Speaker for '98 Breakfast: Shank reported that Pastor Reginald Blotrot has agreed to be the keynote speaker. Shank has requested biographical information from him, but he's out of town for perhaps a month. Carolan has already drafted the nomination/ticket letter, and that will be ready to be mailed this month. Jehle volunteered to help with the mailing. Accessible Caucus Sites: Martin has spoken with AI Stroh, the University contact person. He strongly indicated that caucuses should primarily be held in IMU, which is accessible. Student groups may use the Union free of charge, so if a UI student is involved in the caucus, the room is free. Otherwise, there is a rental fee. Stroh did provide a list of other buildings, many of which are accessible, but the buildings are not geared for public meetings and therefore reservations are more difficult. Stroh said the Commission could list his office as a contact for reserving rooms in other buildings beside IMU. Martin will get the school principals list from Marion Coleman, but suggested that the actual mailing wait until August, since many of the principals are gone during July. Warren will get copies made of the letter and form. Martin asked if we could provide SASEs for responses; Carolan agreed to do that as soon as Martin gets her a total number. Shank indicated she has a meeting planned with Sarah Holecek from the City Attorney's Office to try to establish a uniform policy for City buildings. Once the information is compiled, it will be provided to the two political parties and a copy will be available at the library. It may also be sent to the newspaper, in an effort to discourage people from holding caucuses in their (generally inaccessible) homes. Human Rights Commission June, 1998 Minutes Page 3 NEW BUSINESS Posters for Jonathan Wilson: Vincent distributed a handout he prepared which described homophobic graffiti he had seen on the Wilson posters CHomos Suck!" and "Gay people DIE!") and the fact that some of the posters had been removed. He said he had never encountered this problem with other flyers, and asked the Commission to consider their response. Specifically, he asked the Commission to: recommend to the City Council that the Council go on record, at public meeting and in proclamation form, as strongly opposing such sentiments; appoint a citizen panel to explore the extent of such sentiment in the community; and seek to provide greater legal penalties for such actions. Harvey's initial response was to parallel the situation to the homophobic graffiti which appeared at the Public Library last year, and the display that the Commission prepared in response. Harvey recapped this incident for the benefit of the new Commissioners. Harvey said her first concern in responding to the current incident is that we don't have the actual posters or any physical evidence. Shank added that without the posters, you have nothing to prove that a criminal act was committed. Several Commissioners expressed the view that they couldn't ask the Council to denounce something of which they had no demonstrable proof. Major also added that he felt the hate crimes statute was very, strong, and the Commission shouldn't go past that. Warren added that she didn't believe writing "homos suck" was criminal behavior--she doesn't like it and wouldn't advocate for it, but felt it was someone expressing their opinion. Carolan briefly reviewed the hate crimes law. Shank said she wasn't chastising Vincent for not keeping the posters, but she couldn't stress enough how important it was to keep evidence of incidents like this. She also related one time in the past where a Commissioner wanted to go to Council regarding a racist incident, and it later turned out that the incident was a false claim. Warren said she thought it was always good for the Commission to make educational responses, but she didn't see what we would really gain by going to Council. Harvey felt that the "flow" actually went the other way--the Council has charged and empowered the Commission to deal with these matters, and it is inappropriate and backward for the Commission to then turn back to the Council and ask them to respond. Vincent then asked, if there was no proof positive that this graffiti existed, why a policeman was secured for Wilson's speech. Shank indicated that her contract with Wilson required her to provide security, if there was a threat of any kind. Vincent had relayed these messages, one was right outside the library. and Shank felt that it was more important to procure the security than to have the poster in hand proving the threat. Vincent asked why this wasn't sufficient to go forward to Council. Shank and Warren asked why he wanted to go to Council. Vincent indicated that Council is the goveming body in this city and he felt they needed to make some stand. Shank indicated that she felt the safety of an individual in the face of a potential threat was vastly different from asking Council to make a statement against something we can't show them or prove. Vincent asked about his suggestion for a citizen panel. Harvey said she thought this was a perfect example of the kind of thing the DiverseCities Team should be doing. Shank also pointed out that there's discrimination in Iowa City, there's racism--there are other events and graffiti in Iowa City that target other protected classes. Harvey said this could also be a topic for a panel presentation and that suggestion could be made to the D-Team. Warren said she felt it was essential to remember how important the educational aspect of the Commission's mission is--whether through letters to the editor, writing to the state Commission, having booths and information at gatherings, etc. Vincent Human Rights Commission June, 1998 Minutes Page 4 asked when the next D-Team meeting was scheduled. Shank indicated that Diane Finnerty at OAA was organizing the next one, and a date had not yet been set. Harvey reiterated that if the D-Team isn't able to continue these meetings and groups, the Commission can always reclaim them. Vincent asked whether any other Commissioners had experienced any similar incidents with other posters they'd put up. Several Commissioners said that they didn't really check back with posters they'd already put up. Jehle said she had seen posters defaced and removed. Several Commissioners had noted posters missing in the past. Shank said that they had been told that people liked the tacks we used (and therefore would take our posters down to steal our tacks). Carolan said she'd bring a staple gun next time. Warren said she'd seen racist graffiti, homophobic graffiti everywhere--posters, park benches, bathrooms. Thomopulos said she'd seen it on churches. Vincent asked for clarification. Given the reality of what he had observed, given that it caused us to provide security for Wilson's speech, and owing to the great amount of graffiti all the Commissioners said they'd seen, they still felt this wasn't sufficient to ask the Council to say something in an official capacity to the citizens of the City? Warren said she didn't feel it was sufficient. Harvey asked why single out sexual orientation, when the Commission's charge covered all protected categories? Vincent said then make it a blanket proclamation that covered all forms of such graffiti. Warren indicated she felt we already had that in the Human Rights Ordinance. Harvey said again she felt that the Council had charged the Commission to respond to these matters, rather than the Commission turning to Council for a response. Jehle said she didn't want Vincent to feel the other Commissioners were not concerned, because they were--but that she felt they needed to pick their battles. Warren cited some other recent examples of protected-category-motivated conduct. Vincent said he felt that we had an opportunity here to say something positive to counteract the negativity of that sort of sentiment. If not a recommendation to the Council, what about a public statement from the Commission itself?. Shank said she felt we would encounter the same problem, in that we didn't have the posters themselves. Jehle suggested the Commission write Jonathan Wilson indicating they were sorry things had happened that required security. Warren also noted that the Commission has in the past felt that media coverage/letters to the editor seem more effective when they promote the positive, as opposed to calling attention to the negative. She felt it would give the negative sentiments extra "advertising" to repeat them in the media. Harvey concluded by saying that she felt the Commission needed to work with that with which they were charged. If Diverse-Cities does not pick up this issue, then the Commission should pick it back up and perhaps have a panel discussion or other public event. Annual Report: A draft copy of the Human Rights Commission annual report was included in the packet. Commissioners offered changes and additions. Carolan noted that the draft did not reflect final complaint intake and resolution numbers for the fiscal year. Martin asked how our protected category breakdown compared to other commissions. Carolan indicated that the state figtires wouldn't be available for probably another month. REPORTS OF COMMISSIONERS: Jehle: Asked if the senior center panel had actually been taped, because she had not seen it on the Government Channel yet, and she had some concerns about what the sound quality would have been like. Shank said she would look into this. Commissioners indicated that they felt a video Human Rights Commission June, 1998 Minutes Page 5 of this information would be very helpful; if there was not a tape of the senior center presentation, perhaps a similar panel should be done solely for video. Harvey reminded the group that the Commission had talked about doing a similar but expanded panel at the library one evening in the fall. If this is still under consideration, this panel would certainly be taped. Jehle: Said this was the first year she had observed or participated in the Gay Pride festivities and she thought it was great. She particularly noted Dee Norton's positive comments about the Commission (following his reading of the Gay Pride month proclamation). At the Commission's request, Jehle and Dickerson agreed to write a brief thank you note to Norton (since they were the two Commissioners actually present to hear the comments). Jehle: The Police Citizen Review Board public hearing has been rescheduled for Tuesday, July 14, at 7:00 p.m. at the ICPL. The PCRB is very interested in public comment, and is encouraging the public to either attend, or submit comments/questions in advance through the City Clerk's Office. Warren: Called attention to a guest opinion that appeared in ICON regarding racism at West High. Among other things, the article noted that there were no students of color honored at the awards ceremony this year. The article also reviewed the Dale Allender situation at West High. Warren recapped what has appeared in the media regarding this incident (harassing e-mail). Major: had been on a mental health/developmental disabilities board, but his appointment expired in June. In April, this group started polling individuals with mental health/developmental disabilities. Major reported that a number of people responded that they were angered over discrimination. He intends to follow up on this and find out more details/specifics. He will report back to the Commission when he has more information. Vincent: Asked who beside the Commission members receive copies of the packet. Shank and Carolan indicated no one; the agenda itself is posted and distributed to the media, but the packet is not. He asked about the inclusion of two editorials written by Commission members. Shank said she just includes whatever she happens to see that she thinks would be of interest or benefit to the Commission, but she can certainly omit them in the future. After some discussion, it was agreed that editorials/articles by Commission members will not be included in future packets. The Commission requested that articles by other individuals that might be of interest continue to be included. It is understood that there isn't a lot of picking and choosing in terms of content; it's just material on pertinent topics that Shank or Carolan happen to see. Martin: urged any Commissioners who haven't yet seen the Jonathan Wilson speech to make an effort to do so. She asked for clarification on one point. Had Wilson actually said that 80% of the American public believe that sexual orientation is already protected? Other Commissioners indicated they believed this was the correct figure. Martin said she had begun taking an informal poll among her friends, and most of them believe it's protected nationally. Shank: Stressed again that Shank and Carolan need to devote their time to the cases. They need to cut back on their involvement in other outside programs which take them away from investigation. Case processing has to be the priority. The Commission is flee to continue outside projects, but staff must focus on the case investigations. Martin asked that Shank make requests of the Commission. Martin believes that sometimes it's simply lack of communication or knowledge that keeps Commissioners from taking on certain projects. Warren: in light of the prior topic, Warren noted that fall is fast approaching, and the Human Rights Commission June, 1998 Minutes Page 6 Commission needs to decide if it wishes to continue the film series. Martin noted that the films have generally not been very well attended. Commissioners are asked to consider ideas and projects and be ready to discuss them at the next meeting. It was decided that outreach activities in general will be placed on the agenda for July. STATUS OF CASES: Team C has a case; Team B has a case. Them is a case currently in Legal that will go to Team A. There is one case awaiting transfer to Legal. We are awaiting final paperwork in two mediations. There is one additional mediation scheduled next week. There is still a conciliation in process. There is a predetermination settlement underway. There was one administrative closure. The pending appeal was concluded and the case transferred to ICRC. Harvey asked for clarification on a pending mediation agreement. Vincent asked for clarification on the usage of "race" as opposed to "ethnicity" in the case status reports. NEXT COMMISSION MEETING: The July meeting will be July 27, 1998, 7:00 p.m., in the Civic Center Lobby Conference Room. ADJOURNMENT: The meeting adjoumed at 8:34 p.m. Vincent/Jehle. 07/13/98 transcribed by kkc MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING MEETING ROOM A THURSDAY, MAY 28, 1998 - 5:00 P.M. Agenda item 3A Members Present: Linda Dellsperger, Stephen Greenleaf, Mary McMurray, Mark Martin, Lisa Parker, Jesse Singerman, Anne Spencer, Jim Swaim, Chuck Traw Staff Present: Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols, Bridget Quinn-Carey Others: CALL TO ORDER: President Singerman called the meeting to order at 5:05 p.m. APPROVAL OF MINUTES: The minutes for the regular Board meeting of April 23, 1998 were unanimously approved after a motion. Swaim/McMurray UNFINISHED BUSINESS A. Building Project. Craig reported on City Council's decision to combine both the capital improvement bonds and the sales tax issues on one ballot. City staff determined it was not necessary to separate the issues if Council intended to use the sales tax revenue to pay off the improvements. For this referendum only 50% approval is needed. Since the sales tax would provide a revenue source for these projects Council was informally polled and a majority was in favor. A more formal vote will be coming. Craig felt that this combined ballot language would broaden the campaign since essentially Library and Centerspace supporters will be part of a group supporting the sales tax. It is required that everyone in a contiguous community vote. This means Iowa City, Coralville, University Heights, North Liberty, Hills, and Tiffin would vote at the same time. Each of those communities and Johnson County supervisors will draft their own language as far as how they will use the revenue. The building committee which includes CenterSpace people has been meeting. Meetings are well-attended. Suggestions for potential members for a campaign committee are being made. Tom Gelman will co-chair the committee which will be formed soon. A subcommittee was appointed to recommend what Centerspace will be known as on the referendum issue. Trustees were told it would still be worthwhile to reinforce the one vote issue with Council members if you have the opportunity. Dellsperger stated that we need to address the issue of a branch. Although it has been done in the past with a Frequently Asked Questions fact sheet as well as a guest opinion in the Press Citizen, it is an issue that keeps coming up. Dellsperger recommended that we repeat the process since people forget. It was suggested that perhaps some members of the Library Board visit Roy Justice's radio show one morning since his program featured a discussion of the expansion project not very long ago. In response to the Board's discussion, Craig said she will pull out the old Information Sheet, update it for the next Board meeting or sooner. Board ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 2 Agenda item 3A members need the information so that they can respond to questions. It was suggested that a similar handout be placed at public service desks so that the public can get it easily. Focus groups: The initial summary of the report was in the packet. Spencer pointed out that she did not think that our patrons generally feel the space pinch at the Library. On the other hand, Swaim said that he is very aware of the lack of space. Singerman said we need to do a better job of pointing out the advantages of expanded space; and the constraints with which we have been dealing. This report was a summary of the focus groups and transcripts of the tapes will soon be available. The full report will be given to members of the Building Committee. Parker pointed out that some collections seem frozen due to lack of space. Traw believes that we have to address the parking complaint with book drops. Craig reminded the Board that It is in the budget to have drive up book drops on both sides of town. Additionally, a drive-up book drop will be included in any building plan. The park & shop issue was raised since it would also help with the image of no parking at the library. Craig will send a memo to the City Manager saying the Board wants to go ahead with this and find out what it will take to get it going. In response to a suggestion for a book drop somewhere in downtown, Craig pointed out that those approximately 2000 items which get returned on the average over a 24- hour period have to be brought to the library and then have to get checked in. Currently volunteers work all hours we're open to handle routine checkins. If all these checkins are suddenly batched there will not be the space or the bodies available to process them. The question of a book drop next to the kiosk in the mall was raised. At this time the Mall does not want us to install one. We'll evaluate the two that are planned and assess the benefits and location of a third bookdrop. NEW BUSINESS A. Business Listing for Board members This form came about as a result of a person who sat on a Board or Commission and was being considered for a particular contract job. The City wants to keep track of ownership in businesses of 5% or more. They will compile a list of every Board & Commission member in Iowa City. A form needs to be returned for each Board member, even if they do not have an interest in a business. STAFF REPORTS A.Collection Development presentation Craig gave an overview. We spend about 9400,000 on our collection. We have 15 librarians (requires a Masters Degree in Library Science) who select material as part of their job duties. They all have budgetary assignments. The budget is monitored throughout the year but basically it is their responsibility to buy the materials this community needs and wants, keep their area current and up to date. We keep statistics that tell us how the collection is used. How many items are added, how many times a year an item in the collection is likely to be checked out and what we remove. There is a great deal of effort put forth to manage and organize information and report to the selectors. Selectors provide narrative reports on what has happened during the year in their particular assignment. They monitor trends locally, nationally, internationally. For example, travel trends have to be monitored and responded too. ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 3 Agenda item 3A Selectors are responsible for preparing displays regarding their collection. "Off the Shelf" is a tv program where a moderator interviews a selector about their collection. Selectors act as programmers in their area often work with an organization or group to prepare a program. This is a very complicated, difficult to describe process. Recently a major change was made. Previously, the Director has been the only Collection Manager. Last year reorganization took place and now three department heads are team leaders who work with selectors in particular areas. Along with the director and the Technical Service sCoordinator, they now work together on the management aspects. Clark, Black and Green, the team leaders, will each make a brief presentation. Clark heads the nonfiction team. She described how selections might be made. She showed the various sources that librarians use to get titles. Resources like magazines, publisher journals, etc. as well as suggestions from the public. We cannot buy everything that the public suggests. We are very careful with our budget and use UI library and interlibrary loan and recommend those sources to people. Green talked about the highly used picture book collection. Every title circulates about ten times per year. Some will be weeded, some will go to the book sale, some will go to the bindery. Some trade bindings don't stand up for very long. Selectors make these kinds of decisions all the time. Green was asked if she weeds out books that are not politically correct anymore. She said her collection is not archival and she will update titles or series that need it. Black talked about item purge. Every selector gets a list once a year of items that haven't circulated in a specified period. Movie lists get run for items that haven't circulated in six months. Young Adult fiction is Black's area and she has a range of one year. Philosophy, for example, has a 3-year range because of its reference value. She will go through the list and see how many other copies of an item she has. Then she'll go to the shelf to see if they still have relevancy to the collection. She will consult professional tools like publisher catalogs before she weeds an item. One of the most important things about selection is that you have to select what goes out as well as in. Craig included three Collection profiles to provide more information about the variety and scope of the plan. Collection profiles are being developed for each part of the collection. Swaim asked about collections in terms of the space issue. In an expanded library we could expand the volume of our collection. Almost every collection in the children's room is limited because of space. We have a growing lack of space in adult fiction and there is minimal space in the music area. At times we cannot shelve everything we have. Singerman asked about the collection development goal in the strategic plan. It is the first goal and the objectives and tasks are in response to that goal. It is very labor intensive work. How many books do we buy that come from public input? Craig says we get about 500 requests a year. In some areas of the collection, they are all met, in others where many more are received, such as movies, they are not all filled. B. Internet Program Black and Green were two of six people who presented a program for parents last week on the Kids & the Internet. The program was planned with the school district staff. It provided an ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 4 Agenda item 3A opportunity to describe the scope, risks and benefits of the Internet to parents. The program was videotaped. Attendance was low but people there were very grateful. This program will be broadcast on the channel and will be available for presentation at Neighborhood Centers. The school district will be asking for the program to be repeated for smaller groups. The Internet brochure is now available to the public. It has been distributed to children in the elementary school to take home. Every junior and senior high school age family will receive one in a bulk mailing. We used and adapted the Boston Public Library's brochure but were sure it reflected ICPL's philosophies. It includes the address for the children's page of the ICPL home page. It was emphasized to parents that they have to be attentive to their children's access. From the feedback Black received, it was clear that the people who attended were not power users and wanted to learn about it. C. "Kiosk "unveiling" It is now scheduled to be unveiled on June 23. There have been several delays. We are building up to a twelve day advertising blitz. Next week the lobby display goes up and the t- shirts will be worn. D. Development Office report Nothing new on the horizon. Book sale site is still not resolved. They've sent out reminders for their final push this fiscal year. The sustaining fund is now over ~82,000. A question was asked regarding fund raising for the new building. The consultant is still scheduled to come in after the sales tax issue vote to do a feasibility study. CenterSpace will probably be doing their own fund raising and there likely are prospects that should be approached jointly. This will be coordinated through the Development Office with a special campaign. At issue might be how to do fund raising for the entire project. It was pointed out that this may affect fund raising for the library. Swaim stressed his concern that it all be dealt with in a coordinated manner. PRESIDENT'S REPORT Singerman appointed a nominating committee for FY99 officers. Chair. Spencer and Parker will be on the committee. The two appointees to the Foundation are Dellsperger and Parker Swaim agreed to serve as COMMITTEE REPORTS Evaluation Committee McMurray reported that she received seven of the nine evaluations. The committee asked Trustees to fill it out again using the copy that included Craig's remarks. Using both for comparison, return them to Lubaroff in the Business Office by June 8. After that McMurray will reconvene committee, meet with SC and complete by last meeting in June. DISBURSEMENTS Review VISA expenditures for April. ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 5 Agenda item 3A No questions Approve disbursements for April. Approved unanimously Dellsperger/Martin SET AGENDA ORDER FOR JUNE MEETING Building follow up Set up dinner plans for July. ADJOURNMENT: Motion to adjourn at 6:30 pm. McMurray/Greenleaf. Minutes recorded and transcribed Martha Lubaroff MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING MEETING ROOM A THURSDAY, JUNE 25. 1998 5:00 PM Members Present: Agenda item 3A Linda Dellsperger, Mary McMurray, Mark Martin, Lisa Parker, Singerman, Anne Spencer, Jim Swaim, Chuck Traw Jesse Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols CALL TO ORDER: President Singerman called the meeting to order at 5:10 pm APPROVAL OF MINUTES: The minutes of the regular meeting of May 28, 1998 were approved unanimously after a motion by Martin/Swaim. In response to Craig's request to move into closed session for the purpose of personnel review, a motion was made to consider Executive Session. A roll call vote was taken. All were in favor. At 5:30 pm the meeting was resumed. the Director's evaluation. NEW BUSINESS A. Nominating Committee: For the record an executive session was held to discuss The nominating committee presented the following slate: Singerman as President, Martin as Vice-president, McMurray as Secretary. Swaim made a motion that we approve the slate as presented. Dellsperger seconded. All in favor. The issue of institutionalizing the stepping up of vice-president to president was raised again. Singerman asked that the nominating committee look at amending the procedures and make a recommendation in July. Swaim asked for comments. For continuity's sake it is good. However, Executive Board does not get together regularly enough to provide a training ground. The question is one of supporting the desire of people who want to serve as Vice President but not take on the Presidency. Craig mentioned that recently there has been a cycle of presidents serving two years. If the President cannot finish out the term for some reason, the Vice President would be expected to complete the term. Some liked the idea of maintaining flexibility. However, without the continuity, the role of Vice President is meaningless compared to that of President-elect. There is something to be said for mixing up things since the terms of office are 6 years. Singerman asked the committee to discuss and report back to Board next month. ICPL BOARD OF TRUSTEES MARCH 31, 1994 PAGE 2 Agenda item 3A B. Regional Contract This contract is for the office space and use of our collection. They employ a librarian and clerical assistant. There has been some decrease in their activity due to internet access at small libraries. They are less busy and have reduced their full time person to 27 hours week. For this reason, Craig proposes not raising the contract fees. A motion to approve the contract was made by Swaim/Martin. It was unanimously approved. C. Set Director's salary for FY99 It is the recommendation of the Evaluation Committee to increase Craig's salary by 5.5% on June 30, 1998 followed by a 2% increase on December 31, 1998. This is in keeping with City guidelines for similar positions. A motion was made to approve this recommendation Swaim/Dellsperger. It was passed unanimously. On behalf of the Board, Singerman thanked Craig for her efforts over the past year and stated it was great to work with her. Draft FY98 accomplishments and FY99 goals. This draft is for the Board's Annual Report which becomes part of both the Library and the City Annual Report. The following were listed as accomplishments in FY98. Internet campaign. Grants. Start of the Kiosk. Assisted with the first Spelling Bee. Met regularly with Community. Done several things to build support for a combined facility. Worked with Council and CenterSpace. Conducted Focus Groups. A lot of effort to understanding the notion of children's access to the Web. Improve facilities - new roof, etc. PATV vacating their space was well coordinated. Some goals suggested for FY99 were: support for downtown library expansion. work withTransitDepartment to facilitate easily accessible parking. Drop off sites. Continue to explore possibilities for accessibility. Board members to take an active role in planning strategy regarding how to provide information about the needs of the library. Although Board can not be part of the campaign, they can adopt a position in support of the campaign when the time comes. (Swaim asked if in the future, some one from the legal department could walk us through the process of campaigning does and donts so that Board members know what is appropriate.) ICPL BOARD OF TRUSTEES MARCH 31, 1994 PAGE 3 Agenda item 3A Implement public drop off sites. Ongoing education on the use of the Web in the library for kids and parents. Start Strategic Planning cycle. Support state efforts to increase public aid to libraries in Iowa. Install the ICN Room. Look at policies in light of the ICN and how it fits into the Meeting Room policy. New computer system. Craig will write a draft for the next meeting. E. Access Plus (Interlibrary Loan) Usually we have Access Plus and Open access contracts to approve at the same time. However, some changes are planned to Open Access and the contract will not be ready until September. This contract has essentially remained the same. Reimbursement and process are the same. Funds were added to the program and we have been reimbursed for almost the entire year. Craig recommends approval. A motion to approve the contract for Access Plus was made and seconded. Dellsperger/McMurray It was approved unanimously. STAFF REPORTS Craig reported on the status of the park and read proposal. Although the City Manager felt it was a good idea, several department heads had concerns. Parking and Transit worried about the loss of revenue. Senior Center had concerns about equity. City Manager deferred for the time being. Craig did work with Joe Fowler to implement a bus pass or free parking arrangement for the six weeks of the Summer reading Program for people who come to the library on Thursdays and check out children's materials. Swaim suggested finding a way of tracking feedback on this issue. The Board is anxious to let Parking & Transit know how pleased they are and asked Craig to convey thanks and copy Atkins and Council. It was suggested that perhaps coming up with a method to determine if this increased use of the library or made it easier for a family to use the library would be informative. Articles were included regarding the possible closure of Cedar Rapids branch libraries. Nothing has been decided yet, but it is interesting to note they are considering closing branches and putting resources into the central library. Craig distributed a revised version of the FAQ of the building. She asked that Trustees take it with them and call Lubaroff or Craig or e-mail us with additions, corrections or questions that you get asked frequently. She did not include information about the sales tax, etc. It was suggested that perhaps two versions would be helpful; one for the Board that is lengthy and inclusive and one that would be used for a handout. ICPL BOARD OF TRUSTEES MARCH 31, 1994 PAGE 4 Agenda item 3A Dellsperger felt it is important to address the question of why not a branch. The public wants to know why a branch would not remedy the space problem at ICPL. She urged for some clarification and expansion of the issue. For example, we need more detail on the costs of a branch. The initial project cost estimates were made awhile ago. Some escalation costs were built in but we are one year behind. Most of the Board members have not been here since the initial discussions took place. A suggestion was made that a notebook be prepared that pulls together a history of the building project. Some Board members feel the need for a refresher course about space in the library. The availability of more information in order to respond to the public would be helpful. It was suggested that we prepare several items and pamphlets; for example, one on just branches, one on why we need more space. Singerman wants it to be more clear about in what direction we are going. We need to look at the results of the Focus groups. Craig will get background information for Dellsperger and Parker. In July we will start the process of looking at the focus groups and decide what additional information we need to put out there. Swaim wants to be sure that we include information on parking in whatever publications we produce. Craig and Singerman will discuss how to proceed. Development Office report: The report was included in the packet. There were no questions. Eckholt had some additional information about the used book store. By the time it opens, the step will be replaced with a ramp for wheelchair access. Eckholt thought that the Centennial campaign helped with fund raising. It captured previous donors. An overall drop was because we did not have many memorial gifts. We were down about 100 donors but no change to any dollars for any category except memorial gifts. PRESIDENT'S REPORT Singerman reported on the unveiling of the Kiosk at Sycamore Mall. It will track the number of visits it gets. The new Coralville mall will have kiosks, however not the same kind. We are trying to stay informed on that through JCCN. Board does want to have their annual dinner in July. ANNOUNCEMENT FROM MEMBERS Traw announced his resignation as of the July meeting. He stated that he appreciated all the help of the staff, and had enjoyed his time on the Board, but he has served six years, a full term, and thinks it's time to give someone else a chance. COMMITTEE REPORTS Building Committee: Singerman reported that the committee met on June 17. They discussed possibilities for a different name for the project. The general description that a committee recommended for use in a referendum is the Public Library expansion and Center for Community Culture and Events. They also discussed the formation of a campaign committee. A list of names was generated. Gelman will co-chair but described having to educate people as he solicited their participation. Strategies were laid out to deal with the issue of education of potential supporters. Dellsperger's concern is that the average citizen be included in this ICPL BOARD OF TRUSTEES MARCH 31, 1994 PAGE 5 Agenda item 3A effort. Singerman explained that during this initial effort we are seeking people highly recognized in the community, to serve in a coalescing effort. It would not be the intent of the committee to exclude anyone. Martin agrees that we need to do some canvassing in an effort to broaden the list. We need to study the failure of the Cedar Rapids effort and use their experience to assist our effort. Parker gave a report on information she had received regarding some perceptions of the failure of the CR effort. Economic models are being calculated and information regarding numbers of visitors to Iowa City will be gathered for use during a campaign. COMMUNICATIONS Letter to City Council from Downtown Association voicing their support for the proposed Library/Centerspace project. DISBURSEMENTS: Visa expenditures for May were reviewed. Disbursements for May were approved unanimously after a motion. Traw/Martin. ADJOURNMENT Meeting was adjourned at 6:45 pm after a motion. Dellsperger/Martin Minutes taken and submitted by Martha Lubaroff MINUTES PLANNING & ZONING COMMISSION JULY 2, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMiNARy Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Dean Shannon, Lea Supple MEMBERS ABSENT: Phil Shive STAFFPRESENT: Bob Miklo, John Yapp, Sarah Holecek OTHERS PRESENT: John Hayek, Larry Mazzotta, Larry Schnittjer, Richard Rhodes RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of REZ98-0008, an application submitted by Dennis J. Langenberg to rezone an approximately 4,000 square foot property from Community Commercial (CC-2) to Planned High Density Multiple-Family Residential (PRM) for property located at 114 Wright Street. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:36 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON BOARDS AND COMMISSIONS: Supple announced the vacant board and commission positions and stated that serving on a commission shows a commitment to the City and asked those present to consider serving on one of the City's commissions. REZ98-0008: Public discussion of an application submitted by Dennis J. Langenberg to rezone an approximately 4,000 square foot property from Community Commercial (CC-2) to Planned High Density Multiple-Family Residential (PRM) for property located at 114 Wright Street. Miklo said this proposal is in compliance with the Comprehensive Plan and is compatible with the surrounding zoning and development, and staff recommends approval of this item. MOTION: Bovbjerg moved to approve REZ98-0008, an application submitted by Dennis J. Langenberg to rezone an approximately 4,000 square foot property from Community Commercial (CC-2) to Planned High Density Multiple-Family Residential (PRM) for property located at 114 Wright Street. Chait seconded the motion. The motion carried on a vote of 6-0. RF798-0009. Public discussion of an application submitted by Riverview Place Partners, L.P. to Planning & Zoning Commission July 2, 1998 Page 2 rezone 9.27 acres of land from Low Density Single-Family Residential (RS-5) to Sensitive Areas Overlay/Medium Density Residential (OSA-8) to allow a 72-unit residential development on property located on the south side of Taft Speedway west of Dubuque Street. Miklo showed the location of the property, in relation to Dubuque Street and the Iowa River, on an overhead map. He displayed a map that also showed the relationship of the property in relation to the flood plain of the Iowa River. Miklo said there are some technical deficiencies and some design concerns with the site plan for this development. He said that it does not comply with the Sensitive Areas Ordinance. Miklo said that rather than completing the application and requiring that the applicant spend money to rectify the issues with the Sensitive Areas Ordinance, staff is recommending that the Commission study the zoning issue and pay particular attention to the flood plain and its relationship to this property and to Taft Avenue, the vehicular access point to this property. Miklo said that if the Commission agrees with staff and finds it is not appropriate to increase the density in this location, staff would recommend such an indication to the applicant. He said if the applicant chooses to, he could complete the application and the Commission could vote at the next meeting or, if the recommendation is against the rezoning, the applicant would have the option of simply withdrawing and not completing the application process. Miklo added that if the Commission denies approval, the applicant could still take this before the City Council, but because there is a considerable amount of work that needs to be done to the site plan, staff felt a preliminary indication would be appropriate. Miklo said staff is concerned about the proposal to increase the density in the flood plain. He said it is possible to fill the flood plain in this location and bring the building itself up out of the flood plain so that a building in this location might not incur any damage in a flood but stated that the access to the property is Taft Speedway. Miklo said that both Taft Speedway and Dubuque Street are within the 100-year flood plain and have been covered by water in the past so that the property has not been accessible to vehicles. Miklo said it would take a considerable amount of fill to bring Taft Speedway up out of the flood plain to the point where access could come from Foster Road or to bring both Taft Speedway and Dubuque Street up out of the flood plain so that access could come from the south. He stated that the City has no plans to do that. Miklo said staff is recommending denial, primarily because of the flood plain and access issue, although there are also design concerns. Shannon asked if the developer rezoned the property would he still have to abide by all the flood plain regulations. Miklo confirmed this, adding that the property is currently zoned RSo5, which would allow for single-family houses or possibly a subdivision. He said that in order to build on the property, the building sites would have to be elevated one foot above the flood plain, whether rezoned or not. Ehrhardt asked if it were likely that this property would ever develop at the RS-5 density. Miklo said the property has been vacant for some time, but the owner could seek a building permit for one single-family dwelling, and the City would be obligated to approve that permit. Miklo said that under current zoning, only one unit could go on the property unless a subdivision were approved. Bovbjerg said that roughly ten years ago there was a rezoning of the entire area on both sides Planning & Zoning Commission July 2, 1998 Page 3 of Taft Speedway. She said there was some controversy about whether the area could be filled or had been filled. Bovbjerg said the Army Corps would not rule on it unless there was a project to consider, and the City would not consider a project unless the Army Corps had given a decision on filling. Miklo said indications are that part of the property was filled. He said there were some concerns because there was a wetland that may have been filled. Miklo said he would research the outcome of those discussions for the next meeting. Chait said he has heard that the piece of land was filled from some of the material that came out of the Cliffs and that it may or may not have been done with permits. Chait said he was concerned about access to a piece of property with that kind of density and the possibility of 72 units on the site. He said that when Idyllwild was developed, there was a lot of negotiating with the City, and Foster Road was improved at the developer's expense. Chait said he thought Taft Speedway could not just be raised in front of this property without doing something to Dubuque Street. He said Taft Speedway would have to be brought all the way up to have it work at all. Miklo said Idyllwild was a little different in that there was access from Foster Road that was up out of the flood plain. Chait said that so much of Taft would have to be raised, as well as Dubuque Street, that it might be cost prohibitive. Public discussion: John Hayek. 531 Kimball Road, said he represents the applicant, Larry Mazzotta. He said the application involves the construction of 72 units of proposed elderly housing. Hayek said the housing is categorized as affordable, senior, unassisted housing and would consist of one and two-bedroom units. He said the housing is oriented to low and moderate income tenants. Hayek stated that he feels the site is ideally located in relation to transportation, cultural, recreational, and medical facilities. He said the project would be funded with a combination of public and private money, including Iowa City Home Public Funds, which have been allocated by the City Council and the Housing and Community Development Commission, State of Iowa Home Funds, which are also public funds, private equity, private loan funds, and low income tax credits. Hayek said the project would cost roughly 5.5 to six million dollars and would provide an attractive addition to Iowa City and would add substantially to the Iowa City tax base, as it would be a taxable project. He added that the project was deemed to be so desirable by the City's Housing and Community Development Commission that it was ranked fifth out of about 20 applications. He distributed copies of the ranking of projects by that Commission. Hayek quoted from staff's memo to that Commission about this project, reading, "Riverview Place Apartments will be a 72-unit, affordable senior unassisted living center offering both one and two bedroom fully equipped apartments. The project will include senior oriented amenities such as dining room, recreation room, exam room, barber and beauty salon, elevators, and in-unit call system." Hayek quoted the pros of the project from the staff report, "Pros are...it will provide new rental housing options for elderly households. It will provide the opportunity for elderly tenants to age in place." He said other pros include relatively low subsidy compared to total budget and another pro would be high leverage of private dollars (88% private funding). Hayek said there were two cons relating to the project. He said one was a dependency on allocation of low income tax credits. Hayek said Mazzotta has told him that the State's allocation has been confirmed, and the City Council recently confirmed the City's allocation, so Planning & Zoning Commission July 2, 1998 Page 4 that is not a problem. Hayek said the other con is the dependency on getting rezoning. Hayek said he strongly disagreed with staff's contention that the risk of having access via streets in the flood plain would outweigh the benefits to the public, the elderly, and the City. He said the project itself would be out of the flood plain and would have to comply with all federal state, and local requirements. Hayek said the issue here, then, is flooding over Taft Speedway. He said that flooding occurs far less than 1% of the time, an extremely rare and unusual circumstance. Hayek said that even the record-breaking flood of 1993 was of relatively limited duration and was an extremely rare occurrence. He added that Taft Speedway has served as adequate access to housing in that area for a long time. Hayek said the City itself has decided not to spend the money to raise Dubuque Street, a major arterial entrance into Iowa City, above the hundred-year flood plain because of the extreme cost involved, even with the availability of some federal subsidy. Hayek said there are several things that can be done about future flooding. He said that since the City is downstream from the Coralville Reservoir, flooding is a very predictable phenomenon. Hayek said the Iowa River is not subject to flash flooding. He said people can be evacuated or accessed by special vehicle or boat if necessary. He said that how often that would happen is unknown, but said he felt the risk of that is not significant enough to justify turning down a very significant and important development project. Hayek stated that no one will be forced to live in this project and people themselves will decide if they want to take the risk of living in a project to which access may at some future point be denied. He said that although the flooding concern is a very real one, there are lots of areas in Iowa City for which flooding is a concern. Hayek said this flooding concern need not and should not justify turning down what is a very valuable project. He added that this site has existed for a long time but is not a very valuable site for a single-family home. Hayek said a lot of it is situated on fill but said the site would make economic sense for an elderly housing project. Larry Mazzotta, said he represented the group that would be the general partner and developer of the project. He said the group spent about a year in preliminary planning for the project. Mazzotta said this site was selected because it is near the primary entry into the City, and he believed it would also conform to the City's Comprehensive Plan. He said, per the latest housing study, this plan would also meet what has been determined to be a significant demand in Iowa City. Mazzotta said he would not build something that would be a risk to the people who live there. Mazzotta said that the circumstance of the 1993 flood, according to a report by someone who is considered one of the pre-eminent hydrologists in the country working for the National Oceanographic and Atmospheric Association, was "one of the most significant and damaging natural disasters ever to hit the United States." Mazzotta said it was a circumstance that affected the entire ecosystem of the upper plains and was the cumulative effect of all the factors which caused the flood to occur. He said it is described as a 350-year event. Mazzotta said he was pointing this out to define the probabilities here and what risk his company was willing to take in putting a project here. He gave the commission a report which he said defined it for them. Mazzotta said the property itself is above the 100-year flood plain. (Editor's note: the majority of the property is currently within the flood plain according to existing and proposed Federal Planning & Zoning Commission July 2, 1998 Page 5 Emergency Management Agency (FEMA)). He said the plan calls for adding 12,500 cubic yards of glacial till selected fill, which will elevate the site more. He said the tenants would be well elderly and would consist of people 55 years old and older. Mazzotta said the frequency of the event that would close down Taft Speedway is minimal at best and the duration of any event would be so minor, it would be in terms of hours or perhaps one day before Taft Speedway would be passable. He said it seems overkill that a project of this type be stopped. Ehrhardt asked why an entranceway location for this project is so important. Mazzotta replied that the main reason for selecting this site is because it is scenic, but the research shows that an elderly population is interested in proximity to transportation, health cam, and the cultural value of a college or university. Ehrhardt stated that these elements could be found in other areas of Iowa City. Mazzotta said other sites were looked at. Supple also asked why the entryway is important. Mazzotta responded that it is attractive and is an egress point. He said the nearness to the Iowa River was deemed to be an asset. He added that them are very few sites available in Iowa City and that of the nine sites examined, seven of them were in Coralville. Shannon asked if the City would be held responsible for what happens if the area is flooded, if this were built. Mazzotta said his company believes it is their risk and will be insured for that risk. He said his company is responsible for the tenants living in its facility and if medical care were needed, it would be the company's responsibility to remove them from whatever risk existed, even if it meant using a helicopter. Miklo said that although staff's primary concern is emergency access, another concern would be that people would be displaced from their residences. He stated that this area was inaccessible for approximately three months in 1993. Mazzotta said it would be the facility owner's responsibility to find alternate housing for three months in such a case and added that the residents might choose not to leave at all. Gibson said that it may be misleading to say the document distributed at the meeting reflects on the Iowa City/Iowa River Basin. He said the report applies to the entire upper Midwest. Gibson stated that when such an event is extended to such a large area, the 350 years starts to become extraordinarily significant. He said the opportunity for this happening within a small area within the larger area would be considerably higher than 350 years. Mazzotta would not characterize the report as Iowa City specific but said there are points that apply to Iowa City. Gibson said the 350-year incident estimate applies to the entire area but would not apply to a similar incident on the Iowa River through Iowa City. Mazzotta said that page four of the document is specific to Iowa City. Gibson said that although there are references to Iowa City, the entire report refers to the upper Midwest, including the Mississippi River and the Missouri River. He said Mazzotta was picking a few pieces that apply to the report in its totality, rather than isolated places within the area. Mazzotta agreed, saying that he prefaced his remarks by saying the report was northern plains wide. Gibson said Mazzotta had just stated that the likelihood of this happening on this site is one in 350 years. Mazzotta said his reference was to a flood with the impact of the one in 1993. Gibson said Hayek's statement that this section of the Iowa River is not subject to flash flooding was incorrect. He said that flash flooding did occur in 1993 because there is a 100 square mile basin in the Clear Creek area that is uncontrollable by the Coralville Reservoir and caused the last major flooding incident in 1993. Gibson asked the applicant if he knew what the characteristics are of the project that resulted in its being ranked fifth out of the set by the Housing and Community Development Commission. Hayek responded that he did not attend Planning & Zoning Commission July 2, 1998 Page 6 those meetings but would assume it was because affordable elderly housing is needed. Gibson said that the Planning and Zoning Commission is called upon to address site questions and whether this particular housing on this particular site is appropriate. Miklo said that the Housing and Community Development Commission may not have been aware of the flood plain and access issues, but he would get clarification from that commission. He added that the revised flood plain map shows two small portions of the property with enough fill that they are no longer in the flood plain, but the vast majority of the property, even with the fill, is in the flood plain. Miklo said further fill could be brought in to raise it above the flood plain but the property would still legally be within the flood plain. Mazzotta said he understood that the elevations used for that determination were the elevations prior to the fill and that the property was not resurveyed with the fill. Miklo said the map contains the latest flood study, which has not yet been adopted, done in March 1998. Bovbjerg asked about the stability of the fill at the site. Mazzotta said he had done a Phase I Environmental but not a Phase II Environmental. Gibson asked how, if the fill contains a lot of concrete and rubble, footings and foundations could be put on a site with any reliability. Larry Schnittjer. 1917 South Gilbert Street, said he is not familiar with the fill on this particular site. Regarding the rubble, he said that most of the rubble would be of a size that could be excavated out and replaced. Richard Rhodes, 2014 Rochester Avenue, said the information provided has been incomplete. As an advocate for environmentally rational development, he said that the fill placed on the site is inappropriate if not illegal. Rhodes said this land was originally a wetland along the river, and it should be investigated as to whether this fill was legally placed. Rhodes agreed with Gibson that there is fairly serious flash flooding in this area of the Iowa River from Clear Creek and also above this area from Sanders Creek and Rapid Creek, which are totally uncontrolled. He said he believed that the Corps of Engineer people would state that there should not be development in a flood plain. Rhodes said that discussion of a 100-year flood versus 350 years versus 500 years refers to an occurrence interval. He said that a professional hydrologist would say that you need to have ten times the reference that you are discussing, so that to discuss a one year flood, a one-year recurrence interval, one would need ten years' record so that you can say fairly well what the one year flood would be like. Rhodes said that to discuss a ten-year flood, one would need 100 years record. He said that in discussing a 350-year flood, things get more than a little uncertain. As a professional geologist, Rhodes said he thought the flood plain gives a physical manifestation of thousands of years of record. He said the flood plains should be left alone because the water has gotten out there. Rhodes said you can see the fine grain sediment that has been deposited there from the high waters. He said that when the recurrence interval of the magnitude of the 1993 flood is calculated, you exclude a historic flood in the 1840's when every river valley in Iowa was anecdotally reported to have been full from valley wall to valley wall all summer long. Rhodes said that if that event is included, there have been approximately three 1993-magnitude floods in the last 150 years, including an event around 1917. Rhodes said we really do not have a good handle on these large events. He cited the statement by the applicant that all of life is unpredictable. Rhodes said that if you build on the side or top Planning & Zoning Commission July 2, 1998 Page 7 of a hill, you certainly will not be hit by a flood because it is very predictable where floods occur. He said we should be avoiding these areas of well-known and fairly easily predictable dsk. Rhodes said that if access is a concern, we should not be looking at whether Taft Speedway is within the 100-year flood plain but should be looking at the exact elevation of Taft Speedway and how frequently it floods. He said that both Taft Speedway and Dubuque Street have certainly flooded more frequently than just in 1993 in his experience. Supple asked Rhodes if the nature of the fill in the area were investigated and it was proven that it was illegally filled what should be done about it. Rhodes said he did not know this for a fact, but if it were proven to be illegal, whoever did the filling should be required to remove the fill. Hayek said he deferred to Gibson's knowledge of the 1993 flood. He added that even the 1993 flood was significantly anticipated and would have given residents time to do something for the tenants in such a situation. Gibson said even anticipation did not take care of all problems, as it was necessary to evacuate 350 to 400 residents of Mayflower by boat, and they could not get back in for three months. Hayek said the point is that such a situation could be dealt with successfully and safely. Regarding the fill, Hayek said his client was not responsible for filling the property. He said that if there were illegal fill put in, it would be between the City of Iowa City and the current owner. Hayek said his client has an option, which expires on August 5, to buy the property. He said it may be possible to get the owners to extend the option. Hayek said that if there were prior problems that would require the owner to remove the fill, the City has not yet initiated an action to do so. Holecek said that when the Cliffs were being stabilized, there was some fill placed on the property. She said the Iowa Department of Natural Resources (DNR) was notified of that, and it was not found to be a jurisdictional wetlands so there was no order to remove that fill. Holecek said she did not know about the previous history of the parcel, but, to her knowledge, there is no action that has taken place based on that. She said that the past history of the parcel is not within the Commission's purview in making its decision on this application. Miklo said he believes the issue regarding the fill was a concern of the Environmental Protection Agency and DNR and was not between the City and the property owner. Supple told Hayek that the second public hearing on this item would be held on July 16, and this would probably not be submitted to the City Council until after that. Holecek said the next City Council meeting would be July 28. Miklo said that at the July 28th meeting, the City Council would set the public hearing for August 25. Hayek said that unless something extremely extraordinary happens, the applicant would ask to extend his option on the property. Richard Rhodes, said that boating people out of the area is generally done by the sheriffs department or fire department, at the public's expense. He said that some public agency or private relief agency generally ends up providing housing for displaced persons. Rhodes said that putting people in an at-risk area would only result in more of this. Public discussion closed. MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission's meeting of July 16, 1998, RFT-0009, an application submitted by Riverview Place Partners, L.P. to rezone 9.27 acres of land from Low Density Single-Family Residential (RS-5) to Sensitive Planning & Zoning Commission July 2, 1998 Page 8 Areas Overlay/Medium Density Residential (OSA-8) to allow a 72-unit residential development on property located on the south side of Taft Speedway west of Dubuque Street. Gibson seconded the motion. Chait said the City has clearly decided not to raise Dubuque Street and will therefore not raise Taft Speedway. He said that if this property is allowed to develop, there will be an expense of getting access to this site and will be an intersection that will have significantly more traffic on it then it does now. Chait said that Foster Road has been scheduled for upgrade for possibly ten years and is within a couple of years of being done. He said that allowing this property to be developed gets into concerns of spending money, what kind of money, who spends the money, and who makes what improvements to the intersection of Taft Speedway and Dubuque Street, assuming it is left at its current elevation. Chait said the other concerns have to do with the development of the Peninsula. He said there have been a number of projects before the Commission, not the least of which is the City's project, in the Peninsula. Chait said that there are concerns about access to the area via Foster Road and Taft Speedway. He said Taft Speedway is talked about as a secondary egress from the Peninsula, at least from that point. Chait said that any development on the Peninsula will result in more traffic there and all these kinds of concerns will come up. He said this should not be looked at in terms of one issue and should not be rejected for one issue. He said that density changes should also be looked at. Chait said he could support this kind of project if there were some resolution on the flooding concerns, in terms of land use, location, proximity to Dubuque Street, and the other things being planned for the area. He said he would be comfortable rejecting the proposal based on the flood plain issue but thought it was important to have conversation on the other issues, if for no other reason than to go on record with opinions about the mixed density/mixed use type of development. Supple asked Chait what his opinion was on the traffic issue. Chait said he was concerned that the City has chosen not to improve Dubuque Street. He said there will have to be something done about the intersection of Taft Speedway and Dubuque Street if this property would be allowed to be improved. Chait asked who would bear the cost of doing that work. He said this project should be looked at in the context of the entire Peninsula. Gibson said that if Taft Speedway were raised above the 100-year flood plain and then dropped back down where it intersects Dubuque Street, it would be doing what the City has already agreed to do. He said that when you then hook up to a street that the City has decided not to raise, things are back to normal again. Gibson said if there is something wrong with that, then it goes back to the argument that there is something wrong with developing the entire Peninsula area, because it involves building on a street that is going to be flooded and has been flooded three to five times in the last twenty years. He said this is a real paradox. Gibson said he is troubled that this site has ever had any fill put there because it clearly should be wetland. He asked if it is a viable economic asset that should be developed. Supple asked Gibson if his concern involved having the City develop the Peninsula but not allowing this project. Gibson said his concern was the City developing the Peninsula and then dumping Foster Road onto a street that floods periodically, a road the City is not going to do anything about. Miklo said the difference is that there is an option to go north to the interstate. Chair said that Dubuque Street floods to the south of Foster Road but significantly north of Taft Speedway. He said that during the 1993 flood, Foster Road had three or four inches of water on Planning & Zoning Commission July 2, 1998 Page 9 it for less than two days. Bovbjerg said that nature wins out in the end. She asked if anything could or should be built on the site and said she had qualms about building on a flood plain. Bovbjerg said that if anything is built here, it should not be high density. She said that this land is so fragile and so subject to ruin that this would be an unwise use of this land. Chait encouraged the applicant to borrow the Peninsula project tape. He thanked the applicant for selecting Iowa City for their project and said he would like to see this kind of project in the City. Chait suggested looking at the possibilities of including this type of development on the City-owned land, as he believed it would meet all of the requirements for picking this particular site. The motion was deferred on a vote of 6-0. REZ98-0007/SUB98-0013. Public discussion of an application submitted by Southgate Development, for a rezoning from Interim DevelopmentJMulti-Family Residential (ID-RM) zone to Sensitive Areas Overlay/Medium Density Single-Family Residential (OSA-8) zone, and a preliminary plat of Pepperwood Addition, Part 12, a 39.30 acre, 26-1ot residential subdivision located west of Cherry Avenue between Sandusky Drive and South Gilbert Street. Miklo showed the location of the project on a map. He said the property is currently zoned ID, Interim Development, because of a previous lack of sanitary sewer. Miklo said that with the new sewer line, there will be sewer access to the property so that it is now appropriate for development. He said the applicant has proposed an RS-8 zoning, and because it is a sensitive area, it requires an OSA-8 overlay zone. Miklo said staff just received a new development plan. He said that the part of the property proposed for immediate development has not changed. He showed an area that the new proposal would remove from the application but said the new plan has not yet been reviewed. Miklo stated that in terms of the single-family development, the plan is in order with the Sensitive Areas Ordinance and the subdivision regulations. He said that, for the most part, the sensitive areas are being avoided. Miklo said the ravines and topography are not being proposed to be developed. He added that the previous plan lacked some information about the woodlands and the amount that would be removed, but staff believes it is well below the 50% requirement before replacement trees are required but said there does need to be reporting of that on the plan itself. Miklo said there are some wetlands on the property, and staff would like more information about the quality of the wetlands and whether an effort should be made to preserve them or whether it would be appropriate to use them for storm water management. He said there is also a possible archaeological site on the property, and the applicant has been doing some investigation of that to determine what sort of site it is. Miklo said staff recommends that some sort of neighborhood open space be dedicated, and the Parks and Recreation Commission has also made that recommendation. He said staff has also asked for a concept plan for Outlot A, which is labeled as future residential development. Miklo said staff would like to see how that might occur, given the rugged topography and the Planning & Zoning Commission July 2, 1998 Page 10 relationship to the proposed single-family lots. He showed an outlot that is also labeled for future development, possibly a mixed use with commercial and residential. Miklo said it would be in compliance with the South District Plan, which encourages a mix of housing and possibly some neighborhood commercial in new neighborhoods. Miklo said staff is recommending deferral of this item to allow some of the issues cited in the staff report to be resolved. He said staff is recommending that, once those issues are resolved and once a concept plan for Outlot A is submitted and the issue regarding neighborhood open space is resolved, the project be approved subject to acceptance of the wetland delineation by the Army Corps of Engineers prior to final plat approval and subject to the Cherry Avenue connection occurring with this subdivision to assure adequate access and traffic circulation. He said it should also be subject to approval of a grading plan prior to City Council consideration of the preliminary plat. Supple asked about the changes in the new plan, specifically to Outlot E. Miklo replied that the new plan excludes a portion of the property, but it has not yet been reviewed. He said there is a provision in the State Code that says that unless there are 40 acres left over, it will have to be included as an outlot. Miklo said that may or may not apply in this case. Supple asked what the topography is like in the area being called Outlot E. Miklo pointed to a fairly rugged area on the map and also showed some fairly fiat areas. Supple asked what kind of access there would be to that land. Miklo pointed out two stubbed streets that could result in a loop street and also a driveway that could be a potential access. He said that nothing in terms of this plan would preclude access to the site. Bovbjerg asked how staff felt about the timing of the condition of Cherry Avenue being extended to Gilbert Street prior to development of Lots 1 through 26. Miklo said staff would like to see the connection made before building permits are issued. Public discussion: Larry Schnittjer, said that it has been the intent from the onset that Cherry Avenue will connect to Gilbert Street. He said there are several reasons for that, including the fact that the water system must be connected from South Gilbert Street to have a functional water system. Schnittjer said that most of the lots are served from a sanitary sewer system that is served from the Gilbert Street area so they will be going up to that area with the sewer system anyway. SChnittjer said the person in his office who investigated the wetlands said this is a very low quality wetland that has been silted in over the years from construction upstream. He said there are very few, if any, wetland plants that would be of interest to anyone. He said his co-worker's opinion was that the whole valley should be cleared out and more water brought in so that it would act like a wetland. With regard to the recreational space, Schnittjer said he had serious reservations about the site that has been selected. He said that unless there is a significant amount of grading done, the site will not be ADA accessible. Miklo said that the Parks and Recreation Commission would like a central site accessible to all of the Pepperwood subdivisions, and he asked Schnittjer if he had another site in mind. Schnittjer did not. Schnittjer said that Outlot E was modified to include the storm water basin and the protected Planning & Zoning Commission July 2, 1998 Page 11 slopes area and some additional grounds because Braverman's son lives in the existing house and has an agricultural operation there that they did not want to encumber in any way. Schnittjer said they could put it back in if necessary to comply with State Code. He said the latest modification was a new line along the northeasterly side of the ravine. Richard Rhodes. 2014 Rochester Avenue, referred to a letter he had distributed to Commission members regarding the potential presence of ornate box turtles on this property. He said these turtles are a totally terrestrial reptile and the only Iowa turtle that hibernates on land. Rhodes said the turtle is so uncommon in the State that it is listed by the State of Iowa as threatened. Rhodes showed map which depicted the location of turtle habitat. He said that a turtle no bigger than the palm of a hand can move oneshalf mile within six days. Rhodes showed an area on the map that is a hibernation concentration. He said there was a report that an ornate box turtle was found foraging in a compost pile in one of the houses in the existing Pepperwood Subdivision. Rhodes suggested that during development activities on the property, which is well within one- half mile of the hibernation concentration, construction personnel be aware of what the turtles look like so that they can be captured and put in a dry box to give to the DNR. He said that since this area will be developed someday, the DNR could relocate them to another area in the rural part of Iowa. Rhodes also said a drift fence, which is a barrier between the development area and where the turtles are moving from, could help to intercept turtles. He said he had no knowledge that the turtles were actually on the Braverman property, but that would not be unlikely. Bovbjerg asked Rhodes if he knew anyone who would work with the developers to set such traps and monitor them. Rhodes did not want to volunteer because of time constraints and did not want to volunteer anyone else to do it gratis. He said there are biologists who are capable of designing a drift fence system and also lots of students who might be hired to check the traps. Public discussion closed. MOTION: Chait moved to defer to the Planning and Zoning Commission meeting of July 16, 1998, REZ98-00071SUB98-0013, an application submitted by Southgate Development, for a rezoning from Interim Development/Multi-Family Residential (ID-RM) zone to Sensitive Areas Overlay/Medium Density Single-Family Residential (OSA-8) zone, and a preliminary plat of Pepperwood Addition, Part 12, a 39.30 acre, 26-1ot residential subdivision located west of Cherry Avenue between Sandusky Drive and South Gilbert Street. The motion carried on a vote of 6-0. CONSIDERATION OF THF JUNF 18. 1998 PLANNING AND ZONING COMMISSION MEETING MINUTFS: Supple asked about the definition of "near-term" in the first full paragraph on page three. Miklo said it referred to the next several years. MOTION: Gibson moved to approve the minutes of the June 18, 1998 meeting of the Planning and Zoning Commission, as written. Bovbjerg seconded the motion. The motion carried on a vote of 6-0. Planning & Zoning Commission July 2, 1998 Page 12 PLANNING AND ZONING COMMISSION INFORMATION: Miklo said the draft plan for the South Central District, generally the area surrounding the Iowa City Airport, has been completed. He asked if the Commission would like to have a work session on that plan or discuss it at one of the regular Monday meetings. The consensus was for Commission members to receive a draft of the plan and then decide how it would be treated. Ehrhardt asked what action the Commission should take regarding Benton Street. Miklo said he did not think there was any action the Commission would take on Benton Street, as it is not something the Commission would normally review. He said that as the issue develops, if the Commission would like the transportation planner could speak to the Commission, after which the Commission could take a position and make a recommendation to City Council. Bovbjerg said she was appalled that there was a thought of Benton Street going to four lanes. She said that from her readings on the subject, the best solution seems to be to force traffic to Highway One. Bovbjerg said that inviting people to go onto Benton Street with four lanes would be asking for trouble. Gibson said that forcing people to Highway One may be way out of the way for some people. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte ppdadmin\mins\p&zO7-O2.doc F I0. POLICE CITIZENS REVIEW BOARD MINUTES - June 2~, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:03 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: Legal Counsel D. Russell and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by L. Cohen and seconded by P. Farrant to adopt the 6/9/98 minutes in the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None PROCEDURE FOR COMPLAINTS FILED AFTER 60 DAYS Legal Counsel presented the revised memorandum dated June 10, 1998 regarding the Board 's procedure for complaints filed after sixty days. After discussion, Motion was made by M. Raymond that the Board adopt a procedure that when a complaint is filed which appears to be untimely, the Board follow the procedure in the D. Russell memo of June 10, 1998, revised (attached and made a part hereof). P. Hoffey seconded the motion. Motion carried, 5/0, all members present. This procedure will be forwarded to the City Council with other procedures at a later date. M. Raymond will draft for the Board's review a form letter that will be sent to the complainant of a possible untimely complaint. COMMUNITY FORUM The agenda for the Community Forum was approved by the Board. Discussion followed regarding various other aspects of the forum. PUBLIC DISCUSSION None EXECUTIVE SESSION Motion by M. Raymond and seconded by L. Cohen to adjourn into Executive Session based on Section 2 1.5(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 re~ords of public bodies including but not limited to cities, boards of supervisors and school districts. Motion carried, 5/0, all members present. Meeting adjourned at 7:35 P.M. Regular meeting resumed at 8:00 P.M. Motion by P. Fan'ant and seconded by P. Hoffey that the Board grant the Police Chief an extension not to exceed thirty days [July 28, 1998] for his report on PCRB Complaint #98-11. Motion carried, 5/0, all members present. MEETING SCHEDULE · Special Community Forum June 29, 1998, 7:00 P.M., Iowa City Library, Meeting Room A; · Special Meeting July 9, 1998 - 7:00 P.M. · Regular Meeting July I4, 1998 - 7:00 P.M. · Special Meeting July 28, 1998 - 7:00 P.M. (J. Watson will participate by conference call.) · Regular Meeting August 11, 1998 - 7:00 P.M. BOARD INFORMATION P. Farrant directed staff to put the "Complaint Form Discussion" on the agenda for the meeting of July 9, 1998. General discussion followed regarding possible complaint form changes and requirements. There was agreement for a need to simplify and shorten the form. · M. Raymond reported a contact by media which was referred to Chair. STAFF INFORMATION None ADJOURNMENT Motion for adjournment by L. Cohen and seconded by M. Raymond. Motion carried, 5/0, all members present. Meeting adjourned at 8:38 P.M. MEMORANDUM /111/11 to: from: subject: date: Police Citizens Review Board Douglas S. Russell Miscellaneous issues June I0, 1998 (as revised) At the meeting of May 20, 1998 the Board asked for information or analysis of the following: 1.) The timeliness of a complaint. Section 8-8-3D. Provides "All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct." The question is whether the day of the alleged misconduct counts as day one for determination of the sixty day period. Computing of time in Iowa law is covered by Section 4.1(34), the Code of Iowa. Nothing in the Iowa City Code contradicts the State Code which should be used as our guide. The date of the alleged misconduct should not be counted as a day. Day one would be the day following the alleged misconduct. Day sixty would be the sixtieth day following the alleged misconduct. This way the complainant will have the benefit of sixty twenty-four hour periods and there will be no assertion that complainant did not receive sixty full days. In addition. if the sixtieth day falls on a Saturday, a Sunday or a specified Monday holiday during which City offices are closed, the time shall be extended to include the next day which the office of the PCRB or clerk is open to receive a complaint. 2.) Procedure for complaints filed after sixty days. A.) It is my recommendation that a complaint received after sixty days should be assigned a complaint number by the staff and placed on the next meeting agenda for discussion. It should be sent to the Police Chief or City Manager at that time with a cover letter indicating that it appears to be an untimely complaint and will be reviewed by the Board at its next regular or special meeting. This way the Chief or City Manager will be able to deal with the allegation promptly. regardless of the Board's eventual decision about dismissal. B.) A copy of the apparently untimely complaint should be provided to each Board member in the next meeting packet. Notice should be given to the complainant that the complaint will be on the next meeting agenda giving him or her an opportunity to be heard on the issue of whether the complaint was timely filed. At the meeting at which the complaint is considered, the Board should by motion and vote determine whether the complaint will be dismissed under Section 8-8-3D. Police Citizens Review Board Page 2 June 10, 1998 C .) If the Board decides to dismiss the complaint as untimely, the staff should fbrward a copy of the decision to the Police Chief or the City Manager and also to the complainant. The copy of the complaint going to the Chief or the City Manager should state that the complaint has been dismissed as untimely and that a report to the Board by the Chief or City Manager is not required by Chapter Eight of the City Code. If the Board requests an investigation to be done anyway, it may do so but the Chief or City Manager has no obligation to investigate the matter. The copy of the decision sent to the complainant should include a cover letter advising that although the complaint as been determined to be untimely and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department that is still available. should he or she wish to pursue the matter. D.) If the Board determines that the complaint is timely and should not be dismissed it should so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. 3.) Language of the PCRB complaint form. The present complaint form includes the following language in bold print, "The Police Citizen Review Board is a public agency and as such its records and files, including this complaint fbrm, are or may become public information". I view that this is an advisoD' to the complainant that the information placed on the form may become public information at some time. The purpose of the language is not to reassure the complainant that the Board will keep the complaint confidential. Having said this, the by-laws in Section VII( 1 )(a) require the Board to keep complaints and documents relating to investigation of complaints as closed records. If tile Board wants to change the language on the complaint fbrm, I propose you consider tile tbllowing, "'Fhe Police Citizens Review Board is a public agency and as such its records and files including this complaint form, may become public information. The Board makes every effort to keep the complaints, reports of investigations, statements and other documents or records obtained in investigating a complaint as confidential, closed records. However, results of the investigation are included in a public report made to the Iowa City Council. In addition. certain documents of the Board may become public records because of the actions of others including a complainant, an officer complained of, or a party who seeks to obtain our records in the context of litigation". CONSTRUCTION OF STATUTES. ]4.6 : 32..State., The word "state~, When 'ipplied to ,., li b.; A rdbber stamp reproduction of the name or the different parts of the United States,. includes ' · facsimile of the actual signature when adopted by the District of Columbia and the territories. and the person witl~ a disability for all purposes requir- the words "United States' may include the said dis- ' ing a signature and then only when affixed by that trict and territories. ! .......... .l:, ~. 15erson or another upon' request. and in the pres- ., 33., "Tense.'1 Words in the present tense incldde ence of the person with a disability. .". the future..: . ;...., ' , ....: . ,... i.h .. ,] 40. The word '?ear" means twelve consecutive ilud~d. unless the last falls on Sunday, .in whzich~ - [C51. }26.2513; R60, }29, 4121, 4123. 4124; C73. '}45; C97, §48; C24; 27, 31;35; 39; §63; C46, 50,'54, case the time prescribed shall be extended so as to 58, 62, 66, 71, 73, 75, 77, 79, 81, §4.1] ' ~ "U" include the whole of the following Monday. How- "' 83 Acts, 'ch'186, }10002~ 10201;'87 Acts,'ch 115, ever, when by the provisions.of a statute or n~le §3; 92 ACts,' ch 1151,'§1; 93 Acts, ch 9, §1; 95 ActS,. prescribed under authority of a statute. the last 'ch 43. §1; 96 ActS, ch 1129, §1'; 96 Acts.'~:h 1153. §1 day for the commencement of an action or proceed- '- iz~nl, p;~d.io. ~'. p~p,~h.... tsr. s . .,. z !. · ings, the filing of a pleading or motion in a pending , Trsnsltion previsioh$ for COurt rsorlanization in $rticle 11. chapter 602 Subsectlons 12 end 39 eraended action or proceedings, or th~ perfecting or filing of re .....bsection 15 amended sad .....bdei'.. '2ZX "" "'V~': an appeal from the decision or award of a court, · ~ · '. i, ...... . . board, commission, or official falls on a Saturday. ': 4;2'. Comhiofflaw"rule 'of c'on~truction. 7..' I, a Sunday, a day on which the office of the clerk of ' The rule of the common law, that statutes in der- the district court is closed in whole or in part pur- ogation thereof are to be strictly construed, has no suant to the authority of the supreme court, the application to this Code. Its provisions and all pro- first day of January. the third Monday. in Janu~iry. ceedings under it shall be liberally construed with the twelfth day of February, the third ,Monday in a view to promote its objects and assist the parties February, the last Monday in May, the fourth day in obtaining justice. ,'. ,., .': . i :, ,,! ~ s. , :,- of July, the first Monday in September, the elev- .. [C51,§2503;R60,§2622;C73,§2528;C97,§3446; enth day of November, the fourth Thursday in No- C24, 27, 31, 35, 39, §64; C46, 50, 54, 58, 62, 66. 71, vember, the twenty-fifth day of December, and the 73, 75, 77, 79, 81. §4.2] · , . , . . ~ ', following Monday when any of the foregoing named legal holidays fall on a Sunday, and any day ' 4.3: References tq other statutes. "' appointed or recommended by the governor of Iowa Any statute which adopts by reference the whole or the president of the United States as a day of or a portion ofanothe~r.statute .of thi~ state shall be fasting or thanksgiving, the time shall be extended .construed .to include subs, equent amendments of to include the next day which the office of the clerk the statute or the portion thereof so adopted by ref- of the court or the office of the board, commission, erence unless a contraTy intent is expressed· or official .is open to receive the filing of acom- [C58.62, 66.71, 73, 75, 77, 79, 81, §4.3] , mencement of an action, pleading or, a motion in a i. ~ , , ' ' , pending action or proceeding, or .the perfecting or 4.4 Presumption of ehaetment.' filing of an appeal. ,.., .,. I- .. .,; .. ~., '. ~: In enacting a statute, it is presumed that:. """ 35. "United States" includes all the states. z ' 1. Compliance with the Constitutions of tl~e 36..The word "week" means seven consecutive state and of the United States is intended. I days ...... :: ,. ,....,. I: ~. ,,. .. : 2~ , The entire statute is intended to be effective. , 37. Will. The word "will" includes codicils.. · ,j3.1, A just and reasonable result is intended .... 38..Words. and phrases.. Words and phrases 4. A result feasible of execution is intended!:. shall be construed according to the context and the 5. Public interest is favored over any private approved usage of the language; but technical interest. words and phrases, and such others as may have [C73, 75, 77.79, 81, }4.4] acquired a peculiar and appropriate meaning in law, shall be construed according to such meaning. 4.5 Prospective statutes. 39. Written -- in writing -- signature. The A statute is presumed to be prospective in its op- words "written" and "in writing" may include any eration unless expressly made retrospective. mode of representing words or letters in general [C73, 75, 77, 79, 81, }4.5] use. A signature, when required by law, must be made by the writing or markings of the person 4.6 Ambiguous statutes- interpretation. whose signature is required. If a person is unable Ira statute is ambiguous, the court, in deterrain- due to a physical disability to make a written sig- ing the intention of the legislature, may consider nature or mark. that person may substitute either among other matters: of the following in lieu of a signature required by 1. The object sought to be attained. law: 2. The circumstances under which the statute a. The name of the person with a disability was enacted. written by another upon the request and in the 3. The legislative history. presence of the person with a disability. 4. The common law or former statutory provi- .... ':""*':"'s.'c~- ""f. .... ' ..... "' "" '."" .: ,- '." ','-' ',"i- !', -: .. ....... - ...... POLICE CITIZENS REVIEW BOARD MINUTES - July 9, 1998 Engineering Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:05 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: Legal Counsel D. Russell and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by L. Cohen and seconded by P. Farrant to adopt the 6/25/98 minutes in the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None COMMUNITY FORUM Arrangements and procedures were reviewed and confirmed for the Community Forum, including agenda, notice distribution and correspondence received. Any further correspondence or advance sign-ups will be distributed at the Forum. COMPLAINT FORM Committee Chair, P. Farrant presented possible changes to the PCRB complaint form for discussion, to include: · Confirmed the desire for a simpler and shorter form; Acknowledged the requirement by statute that demographic information shall be collected and reported to the City Council, but questioned the need for it, noting these questions do not appear on the Police Department complaint form; · If the demographic questions remain on the form, the board expressed their wish that this statistical information be on a separate sheet of paper and not be distributed to board members with a new complaint. 2 Legal Counsel was directed to research whether the demographic information needs to appear on the PCRB complaint form. He will report his findings to the Committee Chair, P. Farrant. The Complaint Form Committee will present a sample complaint form at the meeting scheduled for July 28, 1998. PUBLIC DISCUSSION None EXECUTIVE SESSION Motion by M. Raymond and seconded by P. Farrant 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 carried, 5/0, all members present. Meeting adjourned at 7:33 P.M. Regular meeting resumed at 8:00 P.M. Motion by M. Raymond and seconded by P. Farrant that the Board grants the Police Chief a 45-day extension of time for his report on PCRB Complaint #98-12. Motion carried, 5/0, all members present. MEETING SCHEDULE · Special Community Forum July 14, 1998, 7:00 P.M., Iowa City Library, Meeting Room A; · Special Meeting July 28, 1998 - 7:00 P.M. (J. Watson will participate by conference call.) · Regular Meeting August 11, 1998 - 7:00 P.M. (Community Forum Follow-up Discussion) · Special Meeting August 25, 1998 - 7:00 P.M. · Special Meeting September 1, 1998 - 7:00 P.M. · Regular Meeting September 8, 1998 - 7:00 P.M. BOARD INFORMATION Legal Counsel reported on his findings relating to electronic participation at PCRB meetings. After discussion, Legal Counsel was directed by staff to prepare a memo with proposed suggestions as to a policy for electronic participation. J. Watson will participate by speakerphone at the July 28 meeting. Legal Counsel also reminded the board it must insure confidentiality of documents that are faxed. · P. Hoffey noted that he will be making a presentation regarding the PCRB to a Georgia group of the Council for International Visitors to Iowa City, which is a civic group interested in human rights and civil rights issues in Georgia, to be held at Goodwill Industries. · L. Cohen reported several contacts from downtown business people relating to the perception of police presence downtown and whether they're detrimental to the community, and the reluctance of some business people to come forward for fear of police reprisal; · P. Hoffey reported an anonymous contact regarding police policy/practice in downtown Iowa City. Discussion followed regarding anonymous contacts relating to police policies and procedures. The Board agreed that they will accept written correspondence - including anonymous correspondence - addressing concerns citizens may have regarding Iowa City Police policies and practices. · M. Raymond will provide draft form letters for complaints filed after 60 days at the July 28 meeting. STAFF INFORMATION Legal Counsel encouraged the Board to move forward with their policies and procedures. Staff S. Bauer stated she would have a draft of what she has compiled for the July 28, 1998 meeting. ADJOURNMENT Motion for adjournment by L. Cohen and seconded by P. Farrant. Motion carried, 5/0, all members present. Meeting adjourned at 8:30 P.M. POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM MINUTES -July 14, 1998 Iowa City Library, Conference Room A CALL TO ORDER ATTENDANCE COMMUNITY FORUM Chair P. Hoffey called the meeting to order at 7:05 P.M. Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Staff present: Legal Counsel D. Russell and Administrative Assistant S. Bauer. The following individuals appeared before the PCRB: Jerry Hansen David Baldus Jay Shaw Dave Moore Osha Gray Davidson Linda Levey Charles Eastham John Bennett Richard Twohy Charlotte Bailey Carol DeProsse Joan Jehle Jamie Schweser David Nixon Anthony Aoedin Charles Singelton 1237 Burns Ave. 34 7th Ave. N 309 Windsor Drive 425 Davenport 14 S. Governor 336 MacBride Road 1152 E. Court 709 Webster 1208 Franklin Street 1956 Broadway St. Lone Tree 1117 E. Jefferson 721 E. Market St. Iowa City Police Officer 263 Wolfe Ave. Iowa City Police Officer Motion by P. Farrant and seconded by J. Watson to accept correspondence and/or documents from the following people: Rod Sullivan Robert Dostal John A. Gross James Clayton Alfrieta Parks Monagan Anonymous 1733 Wilson St. 326 Douglass St. Iowa City 119 E. College St. David Baldus Jay Shaw Motion carried, 5t0, all members present. ADJOURNMENT Motion for adjournment by M. Raymond and seconded by L. Cohen. Motion carried, 5/0, all members present. Meeting adjourned at 9:30 P.M. 2 MINUTES PUBLIC ART ADVISORY COMMII'I'EE THURSDAY, JULY 9, 1998 - 3:30 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER PRELI i NARY Subject to ~,ppr0val MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: CALL TO ORDER: Rick Fosse, Deborah Galbraith, Kevin Hanick, Gary Nagle, Nancy Purington, Terry Trueblood, Lesley Wright None Joyce Carroll, Karin Franklin Chairperson Hanick called the meeting to order at 3:35 p.m. PUBLIC DISCUSSION: There was RODe. CONSIDERATION OF THE JUNE 15, 1998, MEETING MINUTES: Hanick noted that the header for each page of the minutes should be dated June 15, 1998, instead of July 9, 1998. MOTION: Wright moved to approve the June 15, 1998, meeting minutes as amended. Purington seconded the motion. The motion carried by a vote of 6-0. (Galbraith arrived at 3:39 p.m.) DISCUSSION OF PROCEDURES FOR ACQUISITION: Franklin passed out a draft of the proposed acquisition procedures, and read through the 11 steps. Wright suggested adding "if a panel is necessary" to the second step to ensure flexibility. She said that there might need to be two acquisition procedures; one for competition and one for direct selection. Wright said that there are other ways to involve the public than a panel. Franklin said she envisioned the panel to be comprised of PAAC members, members of the public and art professionals because PAAC members cannot do the specifics of every project all the time. Members revised the draft copy, and Franklin said she would pass out a new copy at the next meeting. Hanick said he thought that public input early on and throughout the process was important, and it would help PAAC members defend any art pieces. Trueblood asked if public hearings were a legal necessity because of the amount of money being spent. Franklin said she would talk with the City Attorney's office about that, and bring the answer back to the next meeting. Franklin said that Bob Kost would be back in Iowa City to discuss the second phase of the downtown renovations. She scheduled a meeting on Aug. 4 from 11:30 a.m. to 1 p.m. for PAAC members to meet with him. Members need to tell her by July 30 if they plan to attend. Public Art Advisory Committee Minutes July 9, 1998 Page 2 Franklin said she was hoping to have Council approval of the call for artists at the July 28 Council meeting because they would not be meeting again until late August. (Franklin left the meeting at 4:55 p.m.) Commission members set Thursday, July 16, 1998, at 3:30 p.m. as their next meeting date. DISCUSSION OF CALL FOR ARTISTS AND BUDGET PROPOSAL FOR DOWNTOWN WATER FEATURE: Members decided to review the call and project budget, and be prepared to discuss both at the July 16, 1998, meeting. Purington read over the call, and noted the "Splash" article, from the June issue of Smithsonian, that was handed out. COMMITTEE TIME/NEW BUSINESS: Wright asked if there was a city website that the call could be put on. ADJOURNMENT: MOTION: Galbraith moved to adjourn the meeting. Fosse seconded the motion. The motion carried by a vote of 7-0, and the meeting was adjourned at 5:02 p.m. Minutes submitted by Traci Wagner. ppddi~min/ad7-9.doc MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, MAY 20, 1998 - 5:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Codney Daniels, Dan Mascal, Larry Wilson, Lori Goetsch, Richard Hoppin, Barb Endel, Lynn Rose, Tom Riley, Joe Kral, David Thayer MEMBERS ABSENT: Gretchen Grimm STAFF PRESENT: Brad Neumann, Lisa Randolph 1. CALL TO ORDER Chairperson Daniels called the meeting to order at 5:36 p.m. 2. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Goetsch distributed information about a new sensitive area at the south wastewater plant near the soccer fields. It is a two-acre constructed wetland. Construction should be done in June, with planting in July. It will provide tertiary cleaning of secondary effluent. The wetland will consist of four cells. Four cells will come up through the middle of each filter. The research will compare crushed limestone and sand filters, as well as water delivery methods two will be spraying, two will be trickling---to see which one aerates the water better. There will be ponds to increase water retention time, and then the water goes out to a drainage channel. Each cell is 300' long. If the test works well, and the removal rates are adequate, Iowa City may go to full scale. Goetsch will study this for a year, and it will be used for other research. Wilson suggested Goetsch present this idea to Coralville. Goetsch said Stanley consultants did a study for Iowa City several years ago and determined it would take about 1,500 acres of land to adequately treat its water with this method. Wilson asked if the system would remove heavy metals, and would there be bioamplification problems in plants and animals. Goetsch said some things do biomagnify, but the one heavy metal that presents the biggest problem periodically is mercury, most of which comes from UI drains. She said mercury is usually removed more by absorption by sediment, not by uptake in plants. Other pollutants which present problems for the city are ammonia and toluene. Once the facility is built Goetsch expects to plant 15,000 plants and appreciates help with planting. Rose asked about the order of planting, and Goetsch said the only plant that was put in a specific place was cattails, which are up front because they are the most tolerant. The other plants were chosen for aesthetics and for habitat, with a balance between tall and shod species. Mascal said willows might find their way into the site, and Goetsch said she wasn't sure she wanted to leave the willows because they might shade-out some of the other species. 3. CONSIDERATION OF THE MINUTES OF THE APRIL 15, 1998 MEETING Daniels suggested the following changes on page one, Arbor Day discussion: sentence one change "would" to "would not;" sentence nine should read "Kate Klaus will kick-off the Heritage Trees survey in Manville Heights;" sentence ten should read "Heritage Trees is hoping to solicit volunteers at the Arbor Day event to help with the survey this summer." Riverfront and Natural Areas Commission Minutes May 20, 1998 Page 2 MOTION: Goetsch moved to approve the minutes of the April 15, 1998 meeting as amended. Wilson seconded. The motion carried on a vote of 10-0. 4. COMMISSION DISCUSSION A. Discuss Floodplain ordinance recommendations/review floodplain map Neumann said at the last RNAC meeting members were asked to jot down ideas for the May meeting, and then form a subcommittee to make recommendations to the Planning and Zoning Commission. Daniels suggested the subcommittee of three to four people formulate ideas and bring them for discussion at the June RNAC meeting. Rose, Goetsch, and Thayer volunteered to be the Floodplain Task Force Subcommittee. Neumann presented the series of draft floodplain maps. They have not been approved by FEMA yet. RNAC members spent time looking at the maps, noting the 100 and 500 year flood plains, and how Hawkeye Court and other parts of the city fared in the 1993 flood. Wilson expressed concern that no vegetation was delineated on the maps. Neumann said the maps were based on aerial photos which could be used again to show vegetation. B. Final Report on Arbor Day Program Daniels said it rained heavily and she appreciated everyone who attended. It was a great program, but the pouring rain may have prevented people from attending. She was disappointed with the turnout. Some things went better this year than last year, such as starting planning earlier and getting publicity out earlier. Daniels thought a public relations/publicity person may be useful for next year, because sending out a press release wasn't enough. Developing or finding a list of other Iowa City organizations that do similar things may help to spread the word. Daniels said Kate Klaus and Nancy Seiberling would like to have better communication with RNAC. She suggested that an Internet site might be helpful next year, though she does not have the expertise to create such a site. A publicity subcommittee may be asked to convene late summer/early fall to discuss a publicity plan. Daniels said the trees left over are in the City nursery. She would like to distribute them. Wilson asked if there were any city events upcoming where the trees could be distributed. Daniels said River Month is not happening this year, and she cannot see doing that and Arbor Day so close together - it is too much work for any one person to handle. She would like Arbor Day to be an annual event, and could envision it being an event sponsored jointly by RNAC and a group such as Environmental Advocates, Project Green, or Heritage Trees. Daniels said the plan to have the Arbor Day celebration to kick-off the Heritage Trees survey was a great idea. Mascal asked if Heritage Trees had plans to do another survey, or what their next project was. Could the trees be distributed through another Heritage Trees project. Wilson asked if Heritage Trees had any connection with Manville Heights residents so the trees could be distributed. Daniels did not know the answers to these questions, but she could check with Kate Klaus. Riverfront and Natural Areas Commission Minutes May 20, 1998 Page 3 C. Update on Peninsula and Waterworks Park planning Neumann pointed out the memo from Terry Trueblood discussing the two consultants hired. Dunbar/Jones, which designed the Des Moines Waterworks Park, was retained for the Iowa City waterworks site, and Conservation Design Forum of Elmhurst, Illinois was retained for the peninsula site. Endel said Dunbar/Jones is already working on Oakland Cemetery and Hickory Hill Park, and she is confident in their abilities. Wilson said UI has hired both, and feels they are good choices. Neumann showed photos of the Butler House. It has been cleaned up, mothbailed, and boarded up. It is roped off, and signed "no trespassing." He visited the site last week, and it looks very different. The porch has been removed, but photographs and samples of the turnings and other architectural elements have been retained so the porch could be recreated. Trees have been removed as well. Riley asked if any foundation work is being done. Neumann said no. Riley asked how much the project cost. Neumann said $75,000 had been spent. Neumann said the city has received a request from the Elks Club for five acres for a driving range located south of the new holes on the peninsula. The City Council has not discussed the request yet. Daniels said RNAC should take issue with the request, because the holes are eating into the peninsula. Neumann showed the commission where the two golf holes that are being relocated will be, one hole is located up top, the second one is on the lower peninsula. Wilson said it would not be open to the public. Daniels asked if the area would be fenced. Neumann said that was not part of the agreement. Endel talked about the problem of having a plan with a lot of public support and a staff that has put in a lot of hours and then risk loosing five acres. Neumann mentioned it to the city manager last week, who said before anything is decided it would come back to the joint committee before it goes to council. Endel said the city should be able to get something in return from the Elks Club, such as an easement so the trail system can be connected to the Taft Speedway area. Wilson said no decision should be made until the consultants look at the property. Thayer asked what the inducement is for the city to agree to the proposal. Goetsch said the Elks encroached on city land in the first place. Neumann said the city does not owe the Elks a driving range. They worked out an agreement for the holes only. Riley said the city gave the Elks prime development property up top, plus part of the peninsula park area below. He thinks the Elks are trying to go one step further and push the city into another deal. Endel thought that RNAC should write a letter soon. Mascal asked how the decision will be made. Endel said it is a city council decision, with input from the Parks and Recreation Commission and RNAC. Daniels will draft the letter expressing RNAC's concern. Neumann said the charette on the upper peninsula development will be available in a few weeks, along with a video. Wilson attended one session, and Thayer attended both. Wilson went with a mental list of things he thought should be accomplished on the upper peninsula, and was impressed with the consultants. The consultants are determining what package should go with the land. His concerns included how they would deal with sloped land, especially how trees on the slope would be maintained and enhanced. Thayer was impressed with the presentation. The consultants had done their homework. He was concerned with access to the peninsula park area, and felt the consultants handled that well. The more he thought about it after he left, however, the more concern he felt, not because of minimum setbacks, greater density, variety of sizes and expense of houses, but because the concept was couched in terms of recreating Goosetown. He wondered if this concept was compatible with the 21st century. Rose asked if he meant Riverfront and Natural Areas Commission Minutes May 20, 1998 Page 4 traditional neighborhood development. He thought that the vernacular architecture the consultants were using was all circa 1910, 1920. Daniels said the site cannot duplicate Goosetown because of the specifics of their model housing plan, with items like density and street proximity. Thayer said these very items do make it like Goosetown. The underlying ideas make sense but the presentation made it seem like recreating Main Street, USA in Disneyland. Wilson said he heard the consultants say that it wasn't so important to recreate the Goosetown era as it was to articulate certain building elements from that era, like overhangs and porches. What worried Thayer is that the consultants said its an architect's challenge to fit contemporary housing into this facade; he thinks the architect's challenge is to use these underlying principles to create a 21st century community. Wilson said the good point is how affordable housing can be integrated into more expensive housing. Rose said the purpose of this "new urbanism" is to create something that looks like Goosetown, with the idea of getting back to mixed use development. Riley asked how big an area the project encompasses. Wilson said 90 acres. Thayer wondered if the breakup of lots was their job or the developers proposal. Neumann said the city will develop density. (Rose left at 6:35 p.m.) D. Board/Commission Business Listing report Neumann pointed out the form in the agenda packet that the city is requiring of all board/commission members to determine who owns 5% or more interest in a corporation that could potentially bid on jobs from the city. Wilson said this will kill the opportunity for professional input into review commissions. Neumann said firms can still get bids, if the bids are competitive. Wilson said for example, if he were a practicing architect on the design review commission, he would not touch the business listing with a ten-foot pole. Neumann said to call the city clerk's office with questions. Wilson asked what would happen if he refused to submit the form based on principle. Neumann said he would not get hired by the city. Endel doesn't mind signing it, because she sometimes wonders about conflict of interest. Riley asked if there were a dollar value on the bid that constitutes a conflict of interest. Neumann referred him to the city clerk's office. E. Ribbon Cutting Ceremony for the Willow Creek Trail Neumann said the Ty'n Cae Neighborhood Association wondered if RNAC is interested in helping to plan and to participate in the ceremony. Mascal volunteered to help with planning. 5. COMMISSION REPORTS A. Report from JCCOG Regional Trails and Bicycling Committee (RTBC) representative Mascal reported on issues discussed at the May 19 RTBC meeting. RTBC received the go-ahead on Willow Creek, which will be constructed along with sewer development. RTBC discussed how to get people on that trail across Mormon Trek Boulevard. There is a traffic signal at Mormon Trek. One option involves two crossings of Mormon Trek, one of which is unsignalized. Another option is to widen a stretch of sidewalk and cautiously route people down Mormon Trek past the QuikTrip driveways, with one Mormon Trek crossing at a signalized intersection. QuikTrip will probably be amenable to stop signs on its property, even though those signs would be unenforceable. The private property Riverfront and Natural Areas Commission Minutes May 20, 1998 Page 5 on the northwest is not available, because there is no easement. Thayer asked if tunnels were prohibitive, and asked Wilson about the UI tunnel under the railroad. Wilson said they are costly; it cost UI about $80,000. The downtown angle parking, which gained 15 additional parking spaces, will continue. The bulb-outs narrow the traffic lanes, especially for bicyclists, who get pinched out. Design ideas are being considered, such as recessing the stalls closer to the curb, which is possible on Linn Street, but probably not on College Street because mature trees would be lost. Odd motorist behavior has been observed since the installation of the angle parking. Mascal said a North Liberty city councilman asked for RTBC input on a trail along North Dubuque Street to the south side of North Liberty. He was told to be patient, and to try to get the sidewalk that already exists there widened the next time North Dubuque Street is resurfaced. John Yapp is putting together a county-wide bike and trail plan. It is very important to have trails be part of a plan when requests for funding are made. Yapp will survey outlying communities to see how trails connect. Daniels asked about the status of the trail by the mall. Neumann said North Liberty is working on its trail now, but the gap would not connect to the North Liberty trail until 1999. Mascal said the dam reconstruction at the peninsula is delayed awaiting Corp. of Engineer permits, because the water has to be at a certain level to be able to assess the impact. Thayer said in the upper peninsula plan, there is a great deal of interest in a bridge just west of Crandic Park. B. Report from Parks and Recreation Commission representative This is Endel's last RNAC meeting. She was thanked for her input and work for RNAC. Ken Fearing will attend RNAC meetings over the summer, and Rex Pruess will attend in the fall. Endel mentioned the chauffeured bus tour of city parks, with dinner and drinks, on Wednesday, June 10, at 4:30 p.m. RNAC members will receive something in the mail. The tour will last about two hours. 7. OTHER BUSINESS Neumann said he will not be at the June RNAC meeting. John Yapp will cover for him. 8. ADJOURNMENT MOTION: Riley moved to adjourn the meeting. Wilson seconded the motion. The motion carried on a vote of 10-0. The meeting adjourned at 7:05 p.m. Minutes submitted by Lisa Randolph ppdadmin\min\rnac0520.doc MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, JUNE 17, 1998 - 5:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: 1. Cortney Daniels, Larry Wilson, Lori Goetsch, Richard Hoppin, Gretchen Grimm, Lynn Rose, Tom Riley, Joe Kral, David Thayer Dan Mascal, Barb Endel John Yapp, Lisa Randolph 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. 3. CONSIDERATION Page 1, Paragraph with a trickling filter Page 1, Paragraph Page 1, Paragraph 1, Sentence 7: re Page 1, Paragraph 2, Sentence 1: re Page 1, Paragraph 2, Sentence 5: re Page 1, Paragraph 2, Sentence 6: re Page 1, Paragraph 3, Sentence 3: Page 3, Paragraph 1, Sentence 2: Page 3, Paragraph 2, Sentence 6: Page 3, Paragraph 5, Sentence 4: Page 3, Paragraph 5, Sentence 4: Page 3, Paragraph 5, Sentence 7: OF THE MINUTES OF THE MAY 20, 1998 MEETING 1, Sentence 5 should read: "The wetland will consist of four cells, each at the infiuent end. 1, Sentence 6: insert "crushed" after "compare." 31ace "everything" with "the water." 31ace "Coralville" with "Iowa City." 31ace "absorption" with "adsorption." 31ace "heavy metals" with "pollutants." re ~lace "trees and grasses" with "species." re ~lace "its" with "their." re ~lace "Hoppin" with "Riley." insert "however;" after "left." insert "and so on" after "houses." insert "vernacular" after "architecture." Page 3, Paragraph 5, Sentence 8 should read: "Daniels said the site cannot duplicate Goosetown because of the specifics of their model housing plan, with items like density and street proximity. Page 3, Paragraph 5, Sentence 9: inse~ a period after "Goosetown," and delete remainder of sentence. Page 4, Paragraph 5, Sentence 4: replace "light" with "traffic signal." Page 5, Paragraph 6: replace "Crandick" with "Crandic." Page 5, Paragraph 6: insert a period after "Park," and delete remainder of sentence. MOTION: Riley moved to approve the minutes of the May 20, 1998 meeting as amended. Wilson seconded. Riverfront and Natural Areas Commission Minutes June 17, 1998 Page 2 The motion carried on a vote of 9-0. 4. COMMISSION DISCUSSION A. Report from floodplain ordinance review committee. Goetsch said the committee discussed many facets of the ordinance, and decided the question to be answered was, what is the ordinance for? It is to keep buildings in the floodplain as flood proof and dry as possible. The committee decided the ordinance, as written, does these things. Rose said the limited purview of the ordinance is to deal with development in the floodplain. Thayer concurred. Wilson asked whether the floodplain ordinance addressed Sandy Rhode's concerns. Goetsch said those issues are not part of the floodplain ordinance, and should be addressed in the sensitive areas ordinance. The committee recommends supporting the ordinance as written. Rose mentioned there might be room in the sensitive areas ordinance for "green ideas," since the floodplain ordinance is specifically for development ideas. The committee will write a letter from RNAC supporting the ordinance as written. Daniels hopes this might lead to a review of the sensitive areas ordinance. Wilson asked if the letter could address two things: 1) that RNAC supports the floodplain ordinance as written and recommends approval of it, and 2) other issues relative to the river need to be addressed in the sensitive areas ordinance. Daniels agreed, and said she would write the letter based on a committee draft. The distinction between the two ordinances should be very clear. Yapp said the Planning and Zoning Commission is expecting a recommendation from RNAC. Daniels asked that a draft be faxed to her so she can have the final ready for the July RNAC meeting. Yapp said recommendations from RNAC about the sensitive areas ordinance would be great. B. Update on EIk's Club driving range proposal. Yapp said the EIk's Club has approached the city to lease five acres for a driving range. It would require periodic maintenance such as weekly mowing, and would have a manicured look. The City Council has asked the Peninsula Committee, the Parks and Recreation Commission, and RNAC to review the proposal and make recommendations. Both the Peninsula Committee and the Parks and Recreation Commission have recommended against the proposal. City Council members requested that if RNAC recommends against the proposal, they would like to know the reasons why. Some RNAC members attended the last joint meeting which discussed this issue, and Daniels pointed out that the same conclusions were reached at that meeting that were reached at a previous meeting. Wilson had suggested the possibility that RNAC might entertain a deal in which Elks would offer permanent rights for a trail along the river, but other subcommittee members were opposed to this idea. When Riley asked why there was opposition to this idea, Daniels reiterated what Brad Neumann said at the last RNAC meeting that Elks would not give up anything permanent for a temporary lease. Daniels said there were also questions about how far a trail could be brought along the river at that spot. Riverfrontand Natural Areas Commission Minutes June 17,1998 Page 3 Yapp said the other issue is one of the appropriateness of leasing public land to a private organization. One example of this is the carnival at City Park, but that is open to the public. Riley pointed out that the federal government does this all the time with grazing lands, and Thayer said the Elks already have two holes in this location. Rose also felt that an important distinction needs to be made between leasing public land for private use, and leasing public land for private use where the use is exclusive, with no public action. Riley said there is a real polarization on this issue. The Elks are just a group like any other that has made a proposal to the city. He feels strongly that after this issue, the city can forget about negotiating for any activities along this part of the river. He wants Elks to get the same consideration any other club would receive. Wilson suggested the consultant hired to plan the Peninsula park be asked to look at the proposal and its ramifications. Daniels said in her mind the issue is, does the city want to give up the river land forever? When Goetsch asked if Elks already have a driving range, Thayer said they have a putting or practice range. Daniels wondered if Wilson's concern about giving up rights forever should be included in RNAC's recommendation. There was general agreement that this issue should be excluded from the recommendation, but other proposals from Elks could be entertained. Rose asked about liability issues, and Yapp said that the leasee would assume liability. Daniels will write a letter from the commission. Yapp needs the letter by July 1't for the July 7th City Council meeting. MOTION: Wilson moved to approve Daniels to write a letter from the Riverfront and Natural Areas Commission to the City Council, based on the Peninsula Parkland Committee's recommendations that the EIk's Club proposal for a driving range be denied. Grimm seconded. The motion carried on a vote of 9-0. C. Update on Peninsula and Waterworks Park planning Daniels pointed out the memo announcing the two upcoming Peninsula Parkland meetings. These meetings are not open to the public, but RNAC members are encouraged to attend. Members who cannot attend can give Yapp written comments. Yapp said the first meeting is an initial meeting for staff to interact with the consultant, to outline what he needs to do, to tell him what is expected of him, and to give him input on what the character of the park should be. At the second meeting, the consultant will use the information from the first meeting and from a site visit to present initial conceptual ideas. Another meeting with the Waterworks consultant is scheduled for Friday June 1 gth. Yapp showed a graphic of the power company dam. Light posts were designed to make them compatible to Iowa River Power light post designs. There will also be a gazebo on the west side near the restaurant. Thayer wondered if vehicles would have difficult access to the wells around tight right turns. Yapp said the design would allow for such maneuvering, and that access is primarily for maintenance and sheriff's department vehicles. Riverfrontand NaturalAreas Commission Minutes June 17,1998 Page 4 Wilson recommended the lights on the dam be placed on the side of the walk away from the view toward the river, so they do not intrude visually in the daytime. He also hopes that aesthetic high lighting of the dam will be included. When Riley asked who pays what costs, Yapp said it is 50% Iowa City, 50% Coralville for walkways, lights, and railings. Iowa City alone pays for reconstructing the dam. Costs associated with the walkway total $250,000. Everything associated with the function of the water plant is being paid for by water rates. D. Repod on Ribbon Cutting Ceremony for the Willow Creek Trail Yapp reported that the ribbon cutting ceremony will be August 15th at 10:00am. E. Trails Update See below under 5.A. 5. COMMISSION REPORTS A. Report from JCCOG Regional Trails and Bicycling Committee (RTBC) representative Yapp reported that Willow Creek Trail construction has lost 60 of 80 work days because of rain. Its route is Mormon Trek Boulevard to Highway 218 along Willow Creek. It passes through the Walden Hills and Galway Hills subdivisions. Long range plans are for this trail to tie into Napoleon Park to the Iowa River Corridor Trail. No funds exist for this extension. Yapp also reported that construction on the Iowa River Corridor Trail begins this week, and is projected to last until October. The trail to Benton Street will have lighting; then it will not be lit south of Benton. B. Report from Parks and Recreation Commission representative Therewas none. 7. OTHER BUSINESS RNAC members reported on the Parks tour. All who attended found the tour informative and fun. They thought the Parks Department did a good job. Some reported to have seen parks they had never seen before, and were pleasantly surprised at the number of parks in Iowa City. Wilson reported on tree removal in the University of Iowa's Health Sciences campus. Public opinion of the removal has been somewhat negative, so a planning committee asked that staff do a better job informing the public of the project. A tree protection policy has been written. Goetsch reported that during a visit to a Parade of Homes house in Idlywilde, she encountered someone who said the residence was constructed eight feet above thel00- year floodplain. RNAC members felt this person was probably incorrect, since construction is required to be one foot above the 100-year floodplain. Riverfront and Natural Areas Commission Minutes June 17,1998 Page 5 8. ADJOURNMENT MOTION: Endel moved to adjourn the meeting. Grimm seconded the motion. The motion carried on a vote of 9-0. The meeting adjourned at 6:50 p.m. Minutes submitted by Lisa Randolph ppdadmin/min/rnac0617 .doc City of Iowa City MEMORANDUM DATE: TO: FROM: RE: June 23, 1998 City Council Marian K. Karr, City Clerk ~\~ Rules Committee Report on Public Art Advisory Committee By-laws Individually the City Council Rules Committee Members (Lehman and Norton) have reviewed the Public Art Advisory Committee (PAAC) by-laws recommended to Council on June 16, 1998 (attached). Committee Members noted a Rules Committee meeting held on March 23, 1998 and the joint meeting of the City Council and PAAC held on April 27, 1998 to discuss concerns. The Rules Committee Members did not see a need to meet again, and recommend approval of the amended by-laws approved by PAAC on June 4 and presented to Council on June 16. BY-LAWS Public Art Advisory Committee Approved by PAAC February 4, 1998 Amended by City Council Rules Committee March 23.1998 Amended By-Laws Approved by PAAC June 4, 1998 ARTICLE I. AUTHORITY The Public Art Advisory Committee shall have that authority as established by Resolution 97- 326 passed by the City Council of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE The purpose of the by-laws stated herein is to provide for the administration of a public art program by establishing a Public Art Advisory Committee to develop the Iowa City Public Art Program and to administer said program, ARTICLE III. MEMBERSHIP Section 1. Qualifications. The Public Art Advisory Committee shall consist of seven (7) members, four (4) of whom shall be appointed by the City Council. 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 & 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 2. Compensation. Members shall serve without compensation. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be given an orientation briefing by the City staff and the Committee as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Committee member from regular meetings may result in a recommendation to the City Council from the Committee to discharge said member and appoint a new Committee member. Section 5. Vacancies. Any vacancy among the appointees on the Committee because of death, resignation, long-term illness, disqualification 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, or filled by the appropriate agency in thc casc of rcprcscntativc mcmbcrs within 30 days. Section 6. TermS. Appointed members shall be appointed for terms of three years, with terms expiring on January 1. No more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the City Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Ex-officio members shall serve for a term of one year; such terms shall be renewable, at the discretion of the appropriate agency. Section 7. Resignation. Resignations shall be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development, and Chairperson of the Public Art Advisory Committee at least 60 days prior to the date of intended departure. ARTICLE IV. OFFICERS Section 1. Number. The officers of this Committee shall be a Chairperson and a Vice- Chairperson, each of whom shall be elected by thc a majority vote of all members of the Committee from those Committee members appointed by the City Council. Section 2. Election and Term of Office. Officers of the Committee shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the City Council Committee for the unexpired portion of the term, except as provided in Article III, Section 6, above. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of the Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting, shall have all powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. MEETINGS Section 1. Regular Meetings. Regular meetings of this Committee shall be held monthly. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three or more members of the Committee. Section 3. Place of Meetings. Regular meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meeting. Section 5. Quorum. A majority of all the members of the Committee shall constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Committee except the Chairperson. 3 Section 9. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Committee shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. If there is a question of whether or not a conflict exists, the City Attorney or City Attorney's designee will decide. All questions should be referred to the City Attorney or designee. Decisions of the City Attorney or designee are binding. Section 10. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Upon request of any Committee member, voting will be by roll call and will be recorded by "ayes" and "nays". Every member of the Committee, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 11. Roberrs Rules of Order. Except as otherwise provided herein, Roberts Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES The Public Art Advisory Committee possesses the following powers. all being subject to final approval by the City Council: Section 1. To develop by-laws and procedures for the Iowa City Public Art Program. Section 2. To determine the placement of public art and the type of art to be used in a specific project. Section 3. To commission artists or to purchase art works, as appropriate. Section 4. To accept or reject gifts and loans of art. Section 5. To develop policies and procedures for the maintenance and disposition of public art. Section 6. To determine and oversee expenditures of the Public Art Program budget. Section 7. To develop a Public Art Plan for the City of Iowa City. 4 Section 8. To develop and maintain an inventory of public art. ARTICLE VII. CONDUCT OF COMMITTEE BUSINESS Section 1. Agenda. The Chairperson, or a designated representative, together with the staff assistant, shall prepare an agenda for all regular Committee meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Committee members and the media prior to regular meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared, reviewed by the Chairperson, and distributed to the Committee and City Council Members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Committee shall review all policies and programs of the City, relating to the Committee's duties as stated herein, and makes such recommendations to the City Council as are deemed appropriate. Section 4. Annual Report. An annual report detailing the activities of the Committee shall be prepared by the Chairperson, approved by the Committee and submitted to the City Council at the end of each calendar year. ARTICLE VIII. SUBCOMMITTEES The subcommittees of this Committee including composition, duties, and terms shall be designated by the Chairperson. ARTICLE IX. AMENDMENTS These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Committee at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the City Council to become effective. ppddir%bylawad.doc 5 MINUTES SENIOR CENTER COMMISSION TUESDAY, JUNE 16,1998 MEMBERS PRESENT Bebe Ballantyne, Terd Miller, Allan Monsanto, Deborah Schoenfelder, M. Kathryn Wallace and Philip Zell MEMBERS ABSENT STAFFPRESENT GUESTS PRESENT CALL TO ORDER Kenneth Mobily, VVilma Conner, and Joanne Hora Michelle Buhman, Linda Kopping, Julie Seal and Susan Rogusky Dorothy Rogers and Chadty Rowley Wallace called the meeting to order at 3:05. MINUTES Motion: To approve May minutes as distributed. The motion carded on a vote of 6- 0. Zell/Ballantyne. PUBLIC DISCUSSION None. RESPONSE TO THE BOARD OF SUPERVISORS REQUESTS Kopping reviewed the information packet developed by the Finance Committee, including the 28E Agreement, square footage amounts and budget breakdowns. Board of Supervisors requests for: 1) additional space for the Senior Dining program; 2) the creation of an adjunct Senior Center staff position for the Director of Senior Dining; 3) designated volunteer parking spaces for Senior Dining volunteers were discussed individually. Motion: To have the Finance Committee prepare a written response to the Board of Supervisors addressing these topics. The letter will be presented for Commission approval at the July meeting. Following its approval the letter will be sent to members of the Board of Supervisors. The motion was carded on a vote of 6-0. MonsantolSchoenfelder. IOWA AVENUE MULTI-USE PARKING FACILITY CONSIDERATIONS - WALLACE Parking Fee Recommendations The following Senior Center parking fee options were. discussed: · Annually purchased parking permit ($25.00-$35.00) authorizing free parking in either designated or undesignated areas of the parking facility. · Free parking permit with a reduced houdy rate (e.g. $0.40 per hour) in either designated or undesignated areas of the parking facility. · Annually purchased $15 to $20 parking permits with a reduced houdy rate (e.g.$0.30 per hour) in either designated or undesignated areas of the parking facility. MINUTES SENIOR CENTER COMMISSION TUESDAY, JUNE 16,1998 2 A survey will appear in the July Post outlining these options. Results will be discussed at the July Commission meeting. VOLUNTEER RECOGNITION PLANNING COMMITTEE REPORT The Recognition event is in the early planning stages. Tentative plans are for a Tea to held on Friday, September 11 from 3:00-5:00. SENIOR CENTER UPDATE Operations - Kopping The HVAC project continues with work in room 202 and staff training remaining incomplete. Automatic door openers for the Linn Street entrance and interior stairwell door on the first floor as well as ADA hardware for the intedor doors, will be installed in July. Mirrors are going up on the walls in G13 within the next week or so. Bids for the Washington Street entrance renovation and center railing on both Linn Street stair entries will be opened tomorrow. The work will be completed this summer. Pro.Grams - Seal Events occurring in June were reviewed. Volunteers - Rogusky An update of volunteer programs and opportunities was given. COUNCIL OF ELDERS - Visitor The Council of Elders has four new members, Jackie Hess, Ruth Bell, Bernice Haugejorde, and John Cameron. COMMISSION VISITS City Council - No report available. Board of Supervisors No report available. COMMISSION DISCUSSION Goal Review and Action Statement Development - Wallace Wallace asked that the review of goals be postponed until the July meeting. Motion: To adjourn. Motion was carded on a vote of 6-0. Monsanto/Zell The meeting was adjoumed at 4:50.