HomeMy WebLinkAbout1999-01-26 Bd Comm minutesIOWA CITY HUMAN RIGHTS COMMISSION
MINUTES
November 23, 1998 Meeting
COMMISSION MEMBERS PRESENT:
COMMISSION MEMBERS ABSENT:
STAFF PRESENT:
CALL TO ORDER:
APPROVAL OF MINUTES:
Tom Dickerson, Pat Harvey, Joan Jehle, Jan
Warren, Diane martin, Ann Shires, Charles Major.
Mettie Thomopulos, Art Vincent
Heather Shank.
Chairperson Harvey called the meeting to order at
7:00 P.M.
Warren moved to approve the October minutes as
amended, Jehle seconded. All in favor; no opposed.
RECOMMENDATIONS TO COUNCIL: None
Hate Crime Forum is scheduled for December 2"a 1998, at the City Council Chambers at 7:00
P.M. On the panel are: Patrick White, Faith Wilmot and Joe Wilson. Chris Taylor will be the
moderator. Laz Pittman and the Chief of the Iowa City Police Department will also be there to
assist with the program.
Human Rights Celebration/Universal Si~nin~ of Declaration of Human Ri~,hts
Will take place on December 10th, 1998, at the Iowa City Public Library, meeting room ABC.
Hani Eukandi is going to read poems from a Canadian poet. Laz Pittman is going to read one of
the articles of the Declaration in Spanish. The quire is coming. Joe Wilson will be posting
posters concerning this event, and a number of other people are involved.
OLD BUSINESS:
Human Rights Breakfast: Is presently scheduled for October 28, 1999. Jehle mentioned that
some people would like to see it be an evening event, and she would like the commission to
consider the possibility of one time changing the event to the evening as it may open the event to
others who cannot attend due to job conflict in the morning. She also asked about the forms of
advertising that will be done for the breakfast and advertising being done to communicate that
we are taking applications for award recipients. After a discussion was had about these issues as
well as the desire to reach a large and diverse public, it was agreed Jehle will be researching
information regarding what type of advertisement is available. Suggestion was made that a
committee needs to be organized to coordinate the breakfast for next year. Among the tasks in
which the committee will be involved, will be telephone calls to president of organizations as
well as quick notes to organizations in general to solicit nominations. Warren expressed concern
that there may exist a lack of clarity about what a long term commitment means with regards to
the Graft award and suggested that when the committee solicits nominations, this should be
clarified.
A discussion was had about lining up the keynote speaker. Shank will be finding out if Jim
Anaya is available.
Shank brought up Burns Weston's memorandum about a meeting she attended on November 5m.
She explained they are thinking of expanding Human Rights '98 beyond this particular year. At
that meeting he mentioned the Commission's international human fights awards which was given
this year, and Shank understood that maybe he is under the impression that this will be an annual
award. Shank requested the Commission's comment as to whether it believes the international
award will be an annual award.
Warren suggested that maybe the Commission could give the international award on the same
basis as the Graft award, i.e. whenever the Commission determines it warranted. The
Commission expressed concern that they would not be able to find a local recipient for this
award on an annual basis. Shank will e-mail Weston and find out what he meant by his
comment. No decision was reached as to whether the award will be an annual award or not, but
agreement was reached that Weston should not have jurisdiction over this award. Warren
suggested deferring this topic for the next meeting.
Essay contest
Warren explained she was able to reach Marion Coleman, who is very much in favor of the
Commission working with the school district and doing something like the contest again. The
old essay contest information (1994) was included in this month's packet. Shank will call Joyce
concerning this contest, and Warren volunteered to coordinate the project. The Commission
agreed some things about the contest need revision, i.e. the purpose and the subject need some
thought, and Harvey suggested a more explosive twist to the overall project.
Warren stated that it would be a mistake for the Commission not to do something for Martin
Luther King day. She stressed she does not want to see the Commission over look MLK time
and not do anything as a "commission" for this date. Shank will start researching what other
organizations and the university are doing for this date and will report her findings in the
December meeting. The Commission did not reach a decision as to how, exactly, this project
will be handled, and the issue was deferred to the December meeting.
It was suggested that a possibility exists to have Rev. Reginald Blount as a speaker at the
Commission's MLK event. Shank volunteered to ask him to speak if the Commission so
decides. The Commission expressed concern that if the Commission's event conflicts with a
university sponsored event turn-out may be low. Shank will get the university schedule of
events from Carlos Serrato and inform the Commission on what the university is doing in
February. The Commission decided to examine the schedule during its December meeting.
Suggestion was made that rather than a speaker, the Commission could instead hold a town
meeting. The agreement is to target something for February, Black History month.
Cultural Diversity Day for the University is scheduled for February 28th, 1999.
Warren followed this letter is no longer necessary. One was to the Cedar Rapids Human Rights
Commission. However, pending are '~hank you's" to Janel Retig and Robin Butler for the vigil.
Warren asked Jehle if she could do this, and suggested that rather than send the letter to Cedar
Rapids Human Rights Commission, the letter should be sent to the City Council in Cedar Rapids,
because they are going to be the ones to decide the issue. Dickerson will write the letter to the
City Council of Cedar Rapids. Jehle will send the "thank you" letters.
NEW BUSINESS
Shank raised the topic of the film, Yidl in the Middle: Growing up Jewish in Iowa. Ms. Julie
Seal, Project Director at the Senior Center, wondered whether the Human Rights Commission
would be interested in co-sponsoring the film with the Senior Center. The Commission agreed
they would like to view the film, not just for content, but to see how to accommodate it in a
presentation, prior to agreeing to sponsor it. the Commission agreed to have Julie Seal provide a
copy for review.
Warren explained that there are new opportunities to be heard at the state level with the newly
elected governor. The Commission may not have to make a trip to Des Moines next summer if
influence is now exerted in the thinking of the governor concerning some of the issues that the
Iowa City Commission supports. She suggested this may be a historic opportunity for the
Commission. The Commission agreed that Harvey will prepare a letter to be sent to Vilsak based
on what the Commission did last summer, and all the commissioner's signature should be on this
document. The draft will be included in the next packet.
Joan- Investigative Reports on the Transgender Revolution. About having videos either at the
library or somewhere to be checked out.
Mary Larew- in charge of EHP
Jane Cook- strong advocate for people in wheel chair
Commissioner Attendance
Warren inquired what is an excused commissioner absence and what is not. What do the by-
laws say? Jehle read what the By-laws state as of May 1998: Excused absences are allowable
for personal or school related emergencies. The Chair Person or Human Rights Coordinator
must be notified of planned absence in advance of any meeting. Harvey explained the by-laws
do not address how many absences are allowable. It does state commissioners shall attend or
have excused absences for 12 regularly scheduled monthly meetings during the calendar year.
Review was made as to what has been each Commissioner' s participation since January, 1998.
Shank addressed a chart that records Commissioner's attendance. She explained that prior to
August this chart only reflected presence or absences, because then the council did not ask for
specific information conceming whether the absence was excused or not. Commissioner Art
Vincent's record was reviewed, and the Commission determined that he has been absent 5 out of
11 meetings. The last "X" indicating his attendance at a meeting involved attendance for a
period of approximately 10 minutes (at the end of the meeting) because he had something else to
tend to that night. Two out of the five absences were excused. Also, Commissioner
Thomopulos's attendance was reviewed. She has four absences recorded. Three were unexcused,
and one was due to work emergency.
Two issues were expressed as the main concern: (1) participation in Commission events and (2)
presence at the meetings. The goal is full participation from the commissioners at these meetings
and at the events that are planned. Whether an absence is excused or not, is almost immaterial.
Participation is necessary. The by-laws should include the exact procedure to follow with
commissioners like Vincent and Thomopulos to stress the importance of attendance and
participation.
Discussion was had as to what is the proper and adequate method of communicating the message
of the importance of attendance and participation to commissioners that are absent. Harvey
suggested expressing written or oral concern as a commission. The crux is that to be present at
the monthly meetings is important, but to be present and be active in the Commission's work is
even more important.
The City ordinance was addressed to see if it contains any verbiage conceming participation in
commissions and boards and/or attendance expectations. Shank stated there is an ordinance that
covers boards and commissions, and she will include it in the minutes.
Warren suggested that if the Commission is going to express its concern to absent
commissioners, it should be done in writing. Presently, both Thomopulous and Vincent should
receive the same communication. While Vincent has more absences at the monthly meetings,
Thomopulos is less active in Commission events.
It was agreed that the agenda for next month will include amendment of the by-laws concerning
this issue.
Summary: Harvey will write letters to Thomopulos and Vincent expressing the Commission's
concern for their lack of participation and attendance. Next month's agenda will include the topic
of amending the by-laws, and Shank will include a copy of the city's rules and regulations for
commissioners on attendance and participation as well as what is in the Commission's own by-
laws.
REPORTS OF COMMISSIONERS
Jehle bought the video Investigative Reports on the Transgender Revolution for Commission.
Expressed the possibility of having this video available to be checked out either at the library or
at the office.
Dickerson reported seeing the breakfast on channel 4, and noting that it looked good.
STATUS OF CASES
Shanks stated that there are approximately 45 cases pending at this time. There are 2 more in
November in addition to those that appear on this list. The workload is extraordinary. The
department has had a staff meeting, and it is a committed team effort to work through these
cases. The cases have now been divvied up amongst Burnside, Pittman and Shank. All the
assigned cases are being reviewed and a new approach is being undertaken which involves
working on the new cases immediately, simultaneously with the old ones. With the new cases,
relevant information is readily available, which may facilitate faster completion of the cases.
Burnside is working on three cases at the same time. Pittman is working on 2 or 3 cases
simultaneously also. Shank has one summary pending, and she is working with a student on a
real difficult investigation.
The department will have a new student, Ken Wilson, starting in January, 1999. James was
great. He was very helpful.
Jehle volunteered to do the minutes. Shank stated the staff has discussed the possibility of
requesting a secretary.
Next meeting is scheduled for December 21, 1998.
Adjourned as of 8:47.
MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
MONDAY, DECEMBER 21, 1998 - 7:00 P.M.
IOWA CITY CIVIC CENTER, LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Pat Harvey, Tom Dickerson, Joan Jehle, Charles Major, Diane
Martin, Ann Shires, Mettle Thomopulos, Art Vincent, Jan Warren.
MEMBERS ABSENT: None
STAFFPRESENT:
Laz Pittman, Heather Shank
GUESTS:
Mary Larew
1. CALL TO ORDER:
Chairperson Harvey called the meeting to order at 7:00 p.m.
2. APPROVAL OF THE NOVEMBER 23, 1998 MINUTES:
Warren said that the second paragraph about the essay contest, third sentence that
reads "Warren will start researching..." should actually read "Shank will..."
MOTION: Martin moved to approve the minutes from the November 23, 1998
meeting as amended. Jehle seconded the motion. The motion was carried by a
vote of 9-0.
3. RECOMMENDATIONS TO COUNCIL
None
4. ATTENDANCE POLICY - REVISION OF THE BYLAWS:
Harvey said that this item on the agenda referred to discussion that took place at the
previous meeting. Specifically, the discussion centered on the importance of attendance
at the meetings, participation in planning, and participation in Commission events. As a
result of that discussion, Harvey sent letters to two commissioners regarding the
commissioners' concerns with participation. She said the Commission also stated the
Commission would review the current bylaws and determine whether a subcommittee
should revise the bylaws and define "absences" further.
Vincent asked if the City Attomey or City Clerk had determined whether the City
ordinance supersedes any and all Commission bylaws concerning attendance policy.
Shank said that the City policy included in members' packets has been repealed and is
no longer in effect. When the ordinance was recodified, the attendance policy was left
out. She said that the Human Rights Commission's bylaws would have authority only for
the Commission. In addition, the Commission cannot remove any member; they can only
make a recommendation to Council that the Commission believes it has good cause for
removal of a commissioner.
Harvey reiterated that the issue was whether the Commission wants or needs further
clarification of how its attendance policy is stated in the bylaws. Particularly because it is
no longer in an ordinance at Council level. She added that this is nothing unusual; all of
Iowa City Human Rights Commission
December 21, 1998
Page 2
the Commission's bylaws are reviewed periodically. Also included in the commissioners'
meeting packets was the wording previously approved by the Commission in 1994 and
sent to the Council for approval. This bylaw states "a commissioner shall attend or have
excused absences for 12 regularly scheduled monthly meetings during the calendar
year. Commissioners who violate provisions of the above may be asked to resign or be
replaced. Excused absences are allowable for personal-, work-, or school-related
emergencies. The chairperson or human rights coordinator must be notified of a planned
absence in advance." Harvey said that notification is critical because in the past they
have had instances where there were not enough members in attendance to hold a
meeting.
Vincent noted that planned absences and absences that are not planned due to an
emergency may both be excused. Also, here may not always be an opportunity to
contact someone. Harvey agreed but said that the members should not forget about e-
mail and voice mail. Jehle said that as she understands it, unless there is an emergency
(such as getting hit by a truck), a member is not excused from letting the Commission
know that they cannot attend.
Shires noted that the odginal bylaws stated Commissioners were required to attend 11
Commission meetings a year. The Commission changed this requirement to 12 months
in 1994.
Dickerson added that Shank goes to the office before 7 p.m. and can be notified at the
time of the meeting if a member is not going to be present. Vincent asked what
constitutes an excused absence. He said that the wording, which has been repealed,
said "excused/explained" and did give some leeway for legitimate reasons that were not
excused prior to the meeting.
Harvey asked members if the Commission wanted to form a subcommittee to review the
bylaws. Major said that he believes the current language is clear and does not seem to
be unfair. Vincent disagreed and said that an emergency may not always lend itself to
prior notification. He would prefer the wording of "excused/explained" for instances
where an absence is explained to the satisfaction of the Commission and is then
excused. He stated that the policy does not clearly state that if prior notification is not
given, the absence may still be excused. Also, he questions the number of absences a
commissioner may have.
Warren stated that if the Commission is going to have this discussion, one of the issues
should be the definition of an emergency. Harvey agreed that there are multiple issues
to define in a couple of sentences.
Thomopulos said that the wording should also state "active participation." Harvey said
that the bottom line is that the Commission needs to have participation in order to avoid
having a few members doing all of the work. If the Commission proposes a
subcommittee, there should be an honest and open discussion of what the Commission
wants.
Discussion closed.
MOTION: Vincent moved to appoint a subcommittee of up to 4 members to review
and recommend a revision to the existing bylaw language concerning the
Iowa City Human Rights Commission
December 21, 1998
Page 3
attendance policy. Martin seconded the motion. Seven members were in favor.
Two members were opposed. (Dickerson and Major)
Martin, Thomopulos, Vincent, and Major volunteered to be on the subcommittee.
Thomopulos asked whether the current bylaw remains in effect until changes are made.
Harvey said it would.
Shank said she would send other commissions' bylaws to the subcommittee.
5. TEAM CASE REVIEW:
Vincent requested that this item be tabled until the next meeting.
6. OLD BUSINESS:
HR Breakfast - Letter sent to Anaya
Enclosed in the meeting packet was a letter Shank sent to Jim Anaya. Shank said that
she had not heard anything. Warren asked if Shank had contacted him before this
coming year. Shank said that she had called, sent a letter, and e-mailed.
Community Outreach
Shank said that she received a fax from the University of Iowa detailing the schedule of
activities for Martin Luther King, Jr.'s Birthday (MLK). There are activities from January
13 to January 22.
Warren said the Commission should think about whether they would like to be involved
with the essay contest. She said Madan Coleman would be excited to have the contest
in schools this year. Warren said that she is willing to work on the contest if the group
decides that they would like to do this. She believes it would be fairly low maintenance,
but the Commission would need to decide on prizes, publicity, etc. Shires and Harvey
agreed that it would not be a lot of work and that, in the past, a subcommittee worked on
this and read the essays.
Warren added that another thing to be discussed might be a town meeting that may or
may not be cosponsored by the Commission.
Martin said that she liked the idea of doing something with the school system. Shank
said that she asked Joyce Carmen how far along she was with her essay project and
found that she had not begun. Shank added that she would call her, ask for an update,
and ask if Joyce and the Commission could work together as cosponsors.
Martin reiterated that she liked the idea of working with the school system and giving
kids, not involved in traditional school activities, a chance to be recognized.
Warren summarized that, with regard to the essay contest, the Commission has three
choices. They can do nothing, do their own thing as a Commission, or pair up with Joyce
and the subcommittee with Global Focus. Major said he would be in favor of a
cooperative effort. If this was not feasible, he felt the Commission should still do
Iowa City Human Rights Commission
December 21, 1998
Page 4
something on its own. Martin commented that Joyce would definitely know how to get
the publicity. Warren said that she would proceed and contact Joyce about cosponsoring
the essay contest.
Harvey asked about Warren's concern that they would not be having anything for MLK.
Rather than having anything in January, she said that they had talked about having
something in February for Black History Month. They had also talked about Diverse
Cities' progress with town meetings and race. relations. Martin said that she had talked
with Karen Fox on the Diverse Cities Team. Fox is working with Eddie Moore who has
lots of ideas, energy, and enthusiasm. Warren said that she would try to contact him.
Warren said that another thing they had not talked about was the movie about growing
up Jewish in the Midwest. Vincent said that he had talked with Marlene Booth and she
said that they really needed help with publicity. Harvey asked if the Commission could
get a copy to preview. Shank said that Julie Seal told her the movie had not yet been
made. Vincent said that they were looking toward the end of March, early April for the
release to coincide with Women's History Month. Martin agreed the Commission would
want to see the film before agreeing to an endorsement.
With regard to the HR Breakfast, Harvey wanted to make sure that Shank had explained
to Burns Weston what the Commission had decided with regard to the International
Award. Shank said that she e-mailed a long message but did not receive a response.
Harvey did not believe that she would need to try to contact him again. The Commission
could discuss what it wished to do with awards before the next breakfast.
Harassment Public Forum for Employers
Shank explained that there had been a major change in the law. Because of the
Supreme Court's ruling, the Commission has an obligation to inform employers of this
change. She said that if employers have a policy on sexual harassment and try to
attribute this policy to other types of harassment (e.g., racial) without specifying this in
writing, the employer will lose the case when that policy is shown in the courtroom.
Employers need to know that a separate policy is not necessarily needed. Rather, the
other types of harassment that a policy covers need to be specified in the policy.
Employers must make sure that the policy delineates who the victim of harassment will
talk to about the problem, what the employee should do if a harasser is a supervisor,
and disseminate that policy to employees. Shank commented that public forums on
these issues have been well attended.
Vincent stated that, on the contrary, there were not many employers in attendance at the
transgender "The Law and Employers" panel discussion. Shank noted that this might
have been because of the narrow focus. She said that an employer's conference that
dealt with disability, and religious discrimination, and sexual harassment was well
attended.
Major summarized that the change in the law now states that employers have to be
much more specific in their policies. Harvey added that, in addition, workplaces that
have implemented sessions on what to do when sexual harassment occurs need to now
broaden the spectrum to discuss other types of harassment. Shank added that
employers also need to provide this information to employees. She liked the idea of also
having employees read the information and sign a form showing that they have seen it.
Iowa City Human Rights Commission
December 21, 1998
Page 5
Martin stated that it appeared that a company would not meet the rules if they only had a
sexual harassment policy and then had a complaint of disability harassment or another
type of harassment. Shank said that it would depend on the facts, such as whether the
company did an immediate investigation and took steps to end the harassment right
away. However, the policy is a big deal.
Vincent asked whether the well-attended forum was publicized through the Chamber of
Commerce. Shank said that it was and employers could also check out a tape of the
forum.
Shank said that she would like the speakers at the forum on this topic to be people who
speak all of the time. Harvey asked for a realistic date for the forum. Shank said that
they could try for the first week of March. She added that she could schedule the
speakers. Harvey stated that once they had more information on who would be
available, someone else from the Commission could also help with the planning.
In other old business, Warren wanted to acknowledge that the Hate Crimes Forum took
place and was fairly well attended. Martin read her notes from the forum. She read, '"The
1992 Iowa law is an overlay onto the existing law in cases of assault, arson, criminal
mischief, and trespass. These are instances where the hate crime law can be applied."
She said that Patrick White pointed out that murder is not included. "It can be against a
person or property because of a list of classes such as race, color, religion, ancestry,
national origin, political affiliation, sex, age, disability, sexual orientation, etc., as well as
association with another person who is within one of these classes. The law punishes a
mindset or thought process and is therefore difficult to prove. This elevates the penalty
because verbal harassment was not always part of the law."' She added that the
meeting was informative and well attended.
Jehle asked how many people attended. Pittman thought there were about 40.
Warren said that she thought all of the speakers were really good. Dickerson agreed and
said that J. Patrick White commented that they are unable to get into the mind of the
perpetrator and it is almost impossible to convict.
Other old business
Warren attended the 50th anniversary celebration of the signing of the Universal
Declaration of Human Rights. Pittman said that she read one of the articles in Spanish.
Commissioners who attended commented that they thought Pittman did a fine job. Jehle
said the celebration was a worthwhile event.
Warren again asked if the Commission would be doing anything in particular for MLK, or
just the essay contest. Jehle asked if that was acceptable. Warren said that it was up to
the Commission and asked if the Commission felt comfortable with that. The
Commission agreed to do the essay contest.
For other old business, Shank noted that Cedar Rapids voted 3-2 to amend their civil
rights ordinance to add sexual orientation to the list of protected categories. The second
vote will be December 23rd and the third and final vote will be January 6th. She said that
according to the Cedar Rapids Gazette, Mayor Lee Clancey, in voting for the
Iowa City Human Rights Commission
December 21, 1998
Page 6
amendment, said, "The issue isn't whether homosexuality is a choice or a sin. It's about
tolerance, fairness, inclusion and acceptance of diverse populations."
Dickerson stated that the vote received a lot of news coverage. Warren asked if there
was any discussion of the two "no" votes. Shires said that, as she recalled, the two
Council members did not think homosexuals deserved special rights. Major believed that
the Council members also thought the addition of a new protected category would be too
costly. Warren wondered if either of the no votes could change. Vincent asked if the
Commission had sent anything in support of the change. Dickerson said that he sent a
letter to Mayor Lee Clancey. The letter was talked about at the last meeting. Vincent
asked if they should send another letter to reinforce their support. Harvey said that she
thought individual letters would be appropriate in order to at least retain the supporters
and try to change the minds of the opposition.
Harvey stated that individual letters of support could be sent if a member was so
inclined. Thomopulos and other commissioners agreed that it would be acceptable to
identify themselves as members of the Commission in this circumstance. Shank said
that she would find out addresses for where they should send the letters.
7. NEW BUSINESS:
Human Rights Class/Seminar
Shank said that Kris Das visited her about developing a class on human rights for the
University of Iowa. He would like to know how the Commission feels about it and what
the Commission thinks should be in the curriculum.
Vincent asked what he specifically is looking for. Shank thought that he was questioning
such things as what kinds of HR topics should be addressed in a class setting and
whether the Commission thinks it is a good idea. She said that human rights does not
have to be limited to what the Commission does because it can also involve
environmental, class, social issues, etc. On a side note, she mentioned that he wrote a
letter to Hillary Clinton requesting that she be a keynote speaker at International Day
next year.
Shank said that Professor Das deals with the University all of the time and seems to
want a community perspective, rather than just an academic perspective. She asked if
the Commission thought there would be enough to talk about during a semester, if they
thought it was a good idea, and if they would endorse such a course.
Commissioners agreed that there would be plenty of material to cover. Harvey asked if
this would be a liberal arts class and if there were classes already in existence that cover
these issues. Shank stated that there are not many.
Warren said that she also thought the Commission's comments might depend on the
perspective (i.e., legal, cultural, social) that he is looking at. There are initiatives in
different colleges at the University, but she does not know of anything specific to human
rights.
Major said that he thought it would be a good idea, but is curious to know the
University's perspective (whether they think they already have courses like this).
Iowa City Human Rights Commission
December 21, 1998
Page 7
Warren said that she is also concerned about whether this is something that is trendy
this year, but may not be in four or five years. She added that the course has to make
sense to the higher-ups at the University.
Harvey asked if this was a question not only of the Commission's endorsement, but also
their input on the subject matter. Shank said that it was both. However, she noted that
because the Commission is so separate from the University, it would be difficult to know
whether the University would approve the course.
Endorsement/Norman Kunc
Harvey mentioned that the Commission received a lot of information on training and
classes about Norman Kunc from David Leshtz. Shank noted that Leshtz is looking for
an endorsement of Mr. Kunc's training programs and his speech on April 23, 1999. She
thought that Mr. Leshtz might also be looking for funding.
Warren said that it appears that some of the programs are very different, such as a
program for school-age children. She said that perhaps he (Leshtz) could look to Marian
Coleman for support as well. Martin asked if Leshtz wanted the Commission to
cosponsor an evening program. Shank said yes, but he is also asking for funding or
assistance with publicity.
Shires said that what they are being asked to endorse is not clear. Shank agreed.
Vincent asked if Mr. Kunc represented a for-profit business. Harvey said that Leshtz
mentions a university/community collaboration and that perhaps this is a suggestion for
funding.
Warren suggested that Shank contact him to say that the Commission thinks this is a
good idea and he should let them know how they can assist him, but that they will not be
able to provide funding. Shank said that she would contact him.
In other new business, Warren asked if a thank-you note was sent to Robin Butler and
Janelie Rettig for organizing the candlelight vigil after Matthew Shepard's death. Jehle
said that she had sent a card.
8. REPORTS OF COMMISSIONERS:
Vincent stated that he wanted to be clear on the movie "Yidl in the Middle: Growing Up
Jewish in Iowa." He questioned whether they were going to wait to hear from Julie Seal
to receive a copy for preview or contact her. Harvey said that any way the Commission
could receive a copy would be fine. Vincent said that he would contact the appropriate
parties and try to expedite getting a copy of the film.
Vincent stated that he wished to report on and have read into the record a letter he
received dated 12/11/98. It read:
Dear Art,
During the course of the IC HRC meeting held on November 23, 1998, there were
several issues expressed relating to the importance of full Commission participation. In
the past, the Commission has worked very hard to become a strong, active group in the
Iowa City Human Rights Commission
December 21, 1998
Page 8
community. As the Commission continues to move forward, the presence of
commissioners at meetings becomes more critical each year. As well, the participation of
commissioners in planning events, representing the Commission at community
functions, etc. is a vital commitment expected of each commissioner. At this time, the
Commission has noted that your presence and involvement in meetings and events in
the past has been nominal. While we all have busy schedules, the commitment of each
one of us is crucial to the success of the Commission. We look forward to your future
contribution and participation on the IC HRC.
Sincerely,
Pat Harvey, Chair, Iowa City Human Rights Commission
Vincent said that he had a couple of questions because he did not believe that even a
review of the audiotape would clear them up. He asked about the review that was
referred to in the minutes as, "Review was made as to what has been each
commissioner's participation since January 1998."
Harvey said that this appeared in the packet. She added that attendance was shown in
the packet and the audiotape from the meeting shows that participation and attendance
ran together because they are both two critical issues.
Regarding a statement in the minutes that read, "Presently, both Thomopulos and
Vincent should receive the same communication..." Vincent questioned whether it was
clear on the audiotape how this was arrived at. Harvey stated that Vincent will receive a
copy of the audiotape and may make that determination himself.
Vincent stated that he takes extreme exception to the use of the word "nominal." He
said that he believed it was the most unfair characterization of his participation that he
could imagine. Harvey questioned what word he would have preferred. Vincent said that
he would have preferred that the Commission have spoken with him before writing such
a letter.
Harvey said that Vincent would find on the audiotape that it was the preference of the
Commission to have a written letter and that there was discussion of whether to merely
make the notice oral. The decision was to make it written.
Vincent asked how many people agreed with the wording of "nominal." Commissioners
noted that the decision to write the letter was unanimous. Major also noted that the
meeting minutes had already been approved and that the discussion was out of order.
Because the subject had been re-opened, Thomopulos stated that she also received the
letter and wished to share her response to the letter. She said that out of respect for
everyone on the Commission, that at this time she would apologize to each one of the
Commissioners. She said that when she undertook the responsibility to do the work of
the Commission, she also undertook the responsibility of being there and sharing in the
tasks. She further stated that she chose not to ask any questions about the letter
because she viewed this as a responsibility that she did not live up to. She thought that
she would take on the duty to at least improve her attendance. She added that she was
not speaking for Vincent and that she had previously expressed any concerns she has.
These concerns were about further defining aspects of the bylaw.
Iowa City Human Rights Commission
December 21, 1998
Page 9
For a different report, Major stated that he was at a meeting for City Fed, a Union group,
and that he was nominated for the state human rights group. Major reported that he told
the group that the Iowa Civil Rights Commission is never able to get on the Iowa Civil
Rights Commission's fall retreat agenda but would like to. In other news, Major said that
it was a sad day for the people of China because some men received 15-20 years in
prison and only an hour trial; this was a setback in their human rights.
Warren stated that she also wished to report that she was seriously misquoted by The
Daily lowan (DI). She has sent a letter to Burns-Weston and asked that it be posted for
all of the Global Focus people. She will also be writing a letter to the editor of the DI.
9. STATUS OF CASES:
Shank said that there are still two cases in Eleanor's office. Team A and Team B just
finished a case. The next one will go to Team C. Shank noted that Eleanor is
backlogged, Ann has a summary coming in, and that she (Shank) is finishing another.
Dickerson asked how the teams handle cases when there is a changeover in members
at this time of year. Shank said that perhaps they should talk about who would be on
what team. Harvey said that they normally do this in January.
Warren asked whether there could be more consistency in the short descriptions that
they have written for the cases. She said that they sometimes include the race of the
person and sometimes do not.
Shank said they would attempt to make the descriptions more consistent.
Pittman said that the cases are really progressing. As explained in the last meeting, they
are working on new cases concurrently with the old cases. This makes the new cases
easier to complete because witnesses in the new cases are still available.
Shank noted that the predetermination settlement in one case has been turned over to
the attorneys involved. She said that in case number 27, the mediation has failed. Prior
to the mediation this case involved an expedited investigation and the investigation will
resume.
MOTION: Harvey moved to adjourn the meeting. Shires seconded the motion.
The meeting was adjourned at 8:50 p.m.
Minutes submitted by Wendy Larive
civrights\min\hrc1221 .doc
MINUTES .;. ,~¢.~
IOWA CITY PUBL~ LI ~i '~' BOARD OF TRUSTEES '
embers Presser: ": '~>'' on Barclay, Linda Dellsperger, Stephen Greenleaf, Mary McMurray,
~'. ':""!.):::. ~" ........ Martin, Lisa Parker, Jesse Singerman, Anne Spencer, Jim Swaim,
.,,, ,, :<.:, !
Staff P~serit: :" Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green,
,., ,: ~:"
~," Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols,
.<~, ., '. ,:, :'~,,.,~.~
~i~, Others: ':...i ,.'
Pr,,~s~dgr;t S~.,:german called the meeting to order at 5:00 p.m.
_P;!;!.C Piscussic_q
Gary Sanders, a regular library user, shared his displeasure with the new phone system.
Singerman asked him specifically about the problems he had with the system. His objection
mainly was the use of an automated attendant. He asked for information demonstrating the
costs benefits of the new system. Craig will prepare a report.
APPROVAl OF MINUTFS:
The minutes of the meeting of November 19, 1998 were approved unanimously after a motion.
Parker/Dellsperger
UNFINISHED BUSINFSS
Sales Tax
The City of Iowa City is preparing an informational brochure regarding sales tax ballot language.
Two companion pieces will also be available. One will provide facts about the sales tax in
Johnson County, the other will explain the library expansion and community events center
project. City Council spent time reviewing their policy statement and making some minor
modifications. They did not make any substantial changes. Craig will include the revised
version at the next meeting.
Singerman reported that the she, Greenleaf,.and Parker are now all serving on the committee
forming to pass the sales tax. She will talk outside the Board meeting to 'trustees who are
interested in serving in any capacity. Singerman asked if there was something, as a Board,
trustees wanted do to get information about library needs out to the public. Parker suggested
writing some Guest Opinions. The issue of branches still exists and Singerman feels that as a
Board we might want to review how the decision was made not to build one. Swaim
suggested that this be stated in a positive way to affirm the need to address the current space
and that in the future we would be responsive to a need for a branch library. Martin feels it
would be helpful to recap the financial implications of a branch library. A suggestion was made
that we put something on the library channel. One idea would be to have Greenleaf, Parker,
Singerman and Craig jointly address the library portion of the ballot in such a program.
ICPL BOARD OF TRUSTEES
DECEMBER 17, 1998
PAGE 2
Spencer suggested including that information on the Web page. Singerman will appoint a
subcommittee to work with staff on explaining library needs to the community.
NEW BUSINESS
A. Policy Review - Collection Develol;)ment 601.
This is a regularly scheduled review. Recommended changes were largely due to Internet
access, and clarification of what the library does with donated materials. Parker moved
adoption. Greenleaf seconded. Singerman asked for discussion. Swaim had a concern about
the section describing discarding materials if there is no method to recycle them. He asked if
it could be said in a different way in the policy. Craig explained that our method of discarding
materials is in a priority order with most materials going to the outreach collections, book store,
recycling, and discarding as the final option. Several options for rephrasing were thrown on
the table. There were no amendments. Singerman called for the vote. All were in favor.
Freedom to Read 609:
Language is unchanged in the Freedom to Read Statement. A motion to approve was made
and seconded and passed unanimously. Swaim/McMurray "
library Bill of Rights 603:
A discussion took place concerning some of the statements contained in the Bill of Rights.
Several trustees expressed hesitance in endorsing this policy which meant accepting the
language of the American Library Association (ALA). The question was raised as to whether
we wanted to change that language. Craig explained that although the language of the ALA
might seem very philosophical and less practical than what we actually do, the statement is
valuable when coupled with our Collection Development Policy. It provides good guidelines for
our more operational policies. McMurray explained her view that these statements do not close
any doors. It states clearly in the opening sen, tence that the statements should guide services.
If the Board does not confirm this statement, our day to day operation would not change,
however staff would feel less comfortable without the strength of these statements to back
up our collection policy. Practically speaking, some of our policies flow from these statements
and it is important from that point of view.
By adopting this the Board is agreeing that these principles guide our services, not dictate
them. Collection policy is something we do get called on to defend. It was suggested that
Craig draft a preamble that explains Iow~ City Public Library's position of adopting the
statements as guidelines. Parker suggested a "friendly amendment" that would include Oraig's
preamble. All agreed.
A motion was called for to adopt the interpretations. Dellsperger/Spencer. Singerman asked
for discussion. Greenleaf questioned the benefit of investing in these interpretations. Craig
reported that the one that we refer to often is the one that establishes guidelines for children's
access. There was some discussion about not approving the interpretations, only the
ICPL BOARD OF TRUSTEES
DECEMBER 17, 1998
PAGE 3
statement. Barclay stated that the preamble would keep the distinctions clear. Not adopting
the interpretations would be making a change and appear we were less supportive. Several
staff members spoke up in favor of the interpretations. Craig concurred and stated that in the
library community, when an issue becomes controversial, ALA studies it and takes a long time
preparing these statements. Recent interpretations have covered economic status and even
more recently, there has been one for technological access.
Swaim pointed out that he had enjoyed reading all of the material, found it challenging and
provocative. He challenged the library staff to be prepared that as Trustees continue to read
through these interpretations, they may come back to them with challenges. Singerman called
for a vote. All in favor.
Swaim moved and Martin seconded a motion to adopt the Bill of Rights. All in favor. After the
discussion of this policy, Parker commented that staff had seemed reluctant to offer an opinion
during the discussion and encouraged them to do so. Singerman agreed, but pointed out that
these were Board policies and the Board had to make the final decisions.
B. Policy Review - Meeting Room and Lobby Use 806.
This policy was revised to include the use of the new ICN Meeting Room. Policy
recommendations include requiring the user to pay the state ICN fee. There were questlobs
from the Board:
806.3 Question referred to "user" being charged. Who are "users"? The originators pay the
charge. It is not our responsibility to collect fees, we simply pass the fee on. Organizations
using the site would be the ones to charge registrants if fees were to be collected.
806.3 States that use of the ICN room is limited to authorized users. It was suggested that.
we post a list of authorized users. This is a matter of State law and the list was included with
Board information.
806.7. Singerman asked for clarification of the statement. It was recommended that it be
changed to say "Events scheduled in combination in..." All agreed.
806.10. Why not use Meeting Room D when building is closed? The response is that unlike
regular rooms we would have to pay staff extra if we use the ICN room after hours. It was felt
that this could become an issue in the future because many of the ICN sessions may be held
after hours. Black explained that some libraries charge an extra fee for use after working hours.
There was some interest in approving it now and revisiting the policy as issues come up.
Swaim suggested we amend the statement to reflect the possibility of extending later hours.
Singerman asked that we not include a phrase like that. Craig suggested we monitor the
requests and use and return to the Board when we need to do so. Schedule it for review in one
year. There were no other comments. A motion was made to adopt with the change.
Greenleaf/McMurray. All in favor.
ICPL BOARD OF TRUSTEES
DECEMBER 17, 1998
PAGE 4
STAFF REPORTS
Legislative Reception. This year's event was held in North Liberty. Lauritzen, Nichols,
McMurray and Swaim represented ICPL. Craig distributed a copy of the ILA Legislative agenda
and noted that Governor-elect Viisack included "libraries" on his list of education priorities.
New phone extensions. A phone extensions list was included in the packet for Trustees. The
system is one week old and seems to be going well. Please report any problems you have to
US.
Inservice Day. It was a great Inservice Day. Nichols will have a full report for the next Board
meeting. Thanks to Board members who attended.
Development Office report - Included In packet. Tickets continue to sell for Titanic event.
Project Holiday was a success. Close to receiving 7,000 books to date. Swaim asked about
the Development Office's timetable for pursuing a major Building Fund, using consultants.
Eckholt plans to have a second consultant make a presentation as well as having the former
consultant return to do a second presentation. Each consultant has a different approach.
Budget hearing dates with City Council. Budget Hearing Dates. Craig doesn't have the dati~s
yet. Work sessions have been set aside and some dates will be designated towards the end
of January for Boards and Commission members to attend. President of Library Board usually
makes brief statement.
Craig felt that her meeting with City staff went well, and was told that they would attempt to
include requested maintenance staff. When the figures were published, however, there were
significant reductions from amount requested in the commodities line as well as the services
and charges. A cut of approximately $60,000 appeared in these two significant areas. Craig
spoke to City Manager who felt an error had been made and that some funding would be
restored. He raised the amount designated for services, reduced capitol expenses somewhat,
leaving supplies where they were. Explanation is that there are many new items in the overall
City budget. City is attempting to budget closer to actual spending and used FY97 as a guide.
In response to a question about the rise in our commodities request, Craig described that it is
a result of the increase in computer supplies for additional machines as well as additional
cleaning supplies for projected maintenance staff. Craig feels that with the number pushed
back up, it's doable but tight. Dellsperger asked for an explanation about the budgeting for
staff. It was 100% several years ago; generally due to turnover we might spend less. Two
years ago it was cut back to 98% of projected cost. Now to make the budget balance they are
budgeting 95% which means that if we have no turnover, we'll be in a deficit for personnel.
Craig feels that we could submit a budget amendment in the spring if needed to cover
personnel expenses. She is concerned, that in the long run, this is a trend that could make
it difficult for City departments to provide services.
Book Drops. The public is pleased. Use is consistent. So far, emptying them once a day
seems to be enough.
ICPL BOARD OF TRUSTEES
DECEMBER 17, 1998
PAGE 5
Our new Community & Audio-visual Services Coordinator. Kara Logsden, was introduced earlier
in the meeting.
The Pay for Print option and the new Refnet stations will be available in January.
PRESIDFNT'S RFPORT
Given earlier during discussion of sales tax ballot information.
COMMUNICATIONS
A note from Mary McMurray was included in the packet.
DISBURSFMFNTS
VISA expenditures for November 1998 were reviewed.
Approve disbursements for November, 1998. Approved unanimously after a motion by
Swaim/Barclay
ADJOURNMENT: "
Meeting adjourned at 6:45 pm after a motion by Dellsperger/Parker
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 7, 1999 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
PRELIMINAR
Subject to Approval
O1-26-99
3b(4)
MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson,
Marilyn Schintler, Dean Shannon, Lea Supple
MEMBERS ABSENT: None
STAFF PRESENT:
Bob Miklo, Scott Kugler, Sarah Holecek, Anne Schulte
OTHERS PRESENT:
David Purdy, Kathleen Janz, Richard Pretorius, Candida Maurer,
Derek Maurer, Bob Burns, Charlie Eastham, Patrick Gugliano,
Margaret Hopwood, Laurie Wilson Ihry, Peg Gugliano, Nancy Askew,
Dave Amelon, Rich Loan, James Choi
CALLTO ORDER:
Chairperson Supple called the meeting to order at 7:37 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was RORe.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Supple said a list of vacancies on City Boards and Commissions is posted on the bulletin board
outside the Council Chambers. She asked citizens to consider the list as an opportunity to
participate in the government and the progress of the City and as an opportunity for the City to
take advantage of its citizens' expertise.
COMPREHENSIVE PLAN ITEM:
Public discussion on an amendment to the Comprehensive Plan to include the Northeast District
Plan for property generally located east of First Avenue, north of Court Street, south of
Interstate 80, and west of Taft Avenue.
Miklo said one of the stated objectives of the alternative plan is to provide a route in lieu of First
Avenue to bring traffic to east Iowa City, and that is proposed to be the Captain Irish/Scott
Boulevard route, which also appears in staff's plan. He said the traffic analysis of this route
shows that it would bring traffic to east Iowa City; however, one shortcoming of it is that much of
the traffic going to east Iowa City would then go back westward to destination points in the First
Avenue corridor. Miklo said staff also believes that some of the existing traffic currently using
the Dodge/Governor Street corridor would continue to cut through the local neighborhood
streets if First Avenue is not extended.
Miklo said another concern about the alternative plan is that some of the streets in the plan
might actually encourage traffic to cut through the Bluffwood Neighborhood. He showed a street
that would be an attractive alternative to get to First Avenue, rather than traveling all the way to
Scott Boulevard and then traveling back west. Miklo said a concern was expressed that having
12 to 14 intersections along Scott Boulevard/Captain Irish Parkway in staff's plan would make it
less attractive for arterial street traffic. He stated that 12 intersections in a two-mile distance is
not an excessive amount for arterial streets and is similar to Mormon Trek Boulevard on the
Planning and Zoning Commission Minutes
January 7,1999
Page 2
west side of the City, a street that functions well as an arterial street. Miklo added that the plan
is conceptual and there may be fewer intersections when development actually occurs.
Miklo said staff was also concerned about the length of the cul-de-sacs in the alternative plan on
the Larson property. He said the cul-de-sacs exceed 900 feet. Miklo said it is generally good
policy and is also a subdivision requirement that cul-de-sacs cannot exceed 900 feet. He said
when cul-de-sacs are longer than that, it becomes difficult for emergency vehicles and general
traffic to get in and out of the neighborhood.
Miklo said another concern about the alternative plan is that there are areas that appear not to
be developable, given the topography. He specified an area between one of the local streets
and Captain Irish Parkway where the lots would be too narrow for development. Miklo said other
parts of the plan are very similar to staff's plan. He said Jeff Davidson, the City Transportation
Planner, would attend the Commission's January 21 meeting to discuss the traffic numbers that
were presented at the previous meetings.
Ehrhardt asked what the reason was for moving up the date for the construction of Captain Irish
Parkway to build it at the same time as the First Avenue extension. Miklo responded that the
City Council reviews the Capital Improvements Plan every spring and chose to include the two
streets at the same time. He said staff could check the City Council minutes to see if a reason
was given for the change of plans. Ehrhardt said she would like to have that done to see if the
reason is still valid.
Public discussion:
David Purdy. 1434 E. Bloomington Street, said, in reference to Miklo's comments about Areas A
and B on the alternative plan, that the group that created the plan is very flexible with regard to
changing those areas. He said they are willing to shorten the cul-de-sac off of Captain Irish
Parkway and connect Area A by extending Hickory Trail or by Iooping First Avenue around.
Purdy said he agreed that for Area B, the amount of land between the two roads is probably not
developable and the group would be willing to use that as a frontage street or just limit
development in that area so that the two roads aren't very close.
Purdy said the citizens' group is pretty flexible with a lot of the issues staff has discussed. He
said the larger issues need to be addressed, including angling Captain Irish Parkway and
building it sooner, extending First Avenue, and creating a buffer around Hickory Hill Park. Purdy
said he would be in favor of the alternative plan's treatment of First Avenue. Gibson asked
Purdy what he meant by Iooping First Avenue around. Purdy said the group was discussing
shortening the cul-de-sac and perhaps Iooping First Avenue around to meet the cul-de-sac or
extending Hickory Trail. He said he would have a sketch of revisions prepared for the next
meeting.
Kathleen Janz. 328 Reno Street, said she lives in the Goosetown Neighborhood. She said that
98 to 99% of Iowa land is developed. Janz said that of all 50 states, Iowa has the smallest
percent of undomesticated land, which makes the protection of even very small tracts of
untamed public land very important. She said that one such tract is the northeast quadrant of
Hickory Hill Park. Janz said the current City plan being discussed allows for a dozen or more
houses to overlook this section of the park, resulting in the permanent alteration of the
landscape of this section of the park from one of openness, nature and seclusion to a suburban
landscape.
Planning and Zoning Commission Minutes
January 7, 1999
Page 3
Janz said by moving the buffer between Hickory Hill Park and development back to 400 feet, the
park cor~ld be protected from the intrusion of a suburban landscape. She said 400 feet is all that
would be needed to hide new houses. Janz said making this change would provide thousands
of current citizens and thousands of future citizens the opportunity to walk from downtown Iowa
City to a secluded, rustic field within the City limits. She said that would be an amazing gift to
the people of Iowa City: a landscape uncluttered by development that is accessible to all
citizens, even those without cars. Janz said the cost would be relatively low. She said the dozen
or so families wanting to build next to the park could still do so, but would have to do it without a
terrific view of the park, although they would still have a nice view of the park.
Janz said a decision to preserve the landscape in Hickory Hill Park also makes developmental
and economic sense. She said regardless of who does the polling, Minneapolis-St. Paul,
Madison, Wisconsin, and LaCrosse, Wisconsin are always listed among the very best places to
live and do business in the Midwest, despite a relatively high tax burden placed on businesses
in these communities. Janz said businesses locate here, citing the high quality of life enjoyed by
residents living in these communities due to, among other things, outdoor recreational
opportunities and park land within and surrounding these cities. She said parkland refers to
arboretums, nature centers, and rustic parks like Hickory Hill Park. Janz urged the Commission
to make a relatively insignificant change to the City's proposal for the Northeast Planning District
which will have a significant effect: preservation of what little is left of undeveloped Iowa.
Richard Pretorius. 855 Cypress Court, presented a letter from he and his wife Debbie to the
Commission. He said he and his wife were participants in the Northeast District Planning
workshops and have been concerned about a number of issues, including traffic patterns, in the
Northeast District. Pretorius discussed three concerns relative to the traffic patterns: those of
congestion, safety, and unbudgeted road construction costs for the extension of First Avenue.
Pretorius said the current proposal to connect First Avenue to Captain Irish Parkway will result
in extreme congestion along First Avenue between Southeast Junior High and Rochester
Avenue and will make this stretch of First Avenue virtually impassable during periods of peak
usage. He said the traffic volume on First Avenue south of Rochester Avenue is currently at
7,000 by actual traffic counts, which slightly exceeds the current street capacity of 6,000 that is
needed to keep traffic congestion to a preferred maximum congestion level of C. Pretorius said
the City planning office, based on computer modeling done in December, is currently projecting
an immediate increase in traffic volume to 20,600 on this stretch of First Avenue with the
implementation of its plan. [Editor's Note: the Planning Department study projects traffic
volumes of 10,000 vehicles per day on First Avenue south of Rochester Avenue immediately,
with a 10-year projection in the 12,000-14,000 range. The larger number cited by Pretorius is
not accurate, because it does not take into account the actual physical capacity of First
Avenue.] Pretorius said a traffic volume of 20,600 on First Avenue would exceed the capacity of
this street by a factor that is unprecedented in Iowa City and would make this two-mile stretch of
road the most congested of any street in Iowa City. Pretorius said a traffic volume near 21,000
on First Avenue would exceed the current traffic volume-of 15,000 on Mormon Trek Boulevard,
which is a true arterial street with four lanes and no private residential curb cuts. He said it
would also exceed the current traffic volume of 11,000 on North Dodge by almost twofold.
Pretorius said North Dodge currently has congestion problems because it is a connector street
and not a true arterial street. He added that moving traffic from one connector street, North
Dodge, to another connector street, First Avenue, only perpetuates the original problem.
Pretorius said a traffic volume near 21,000 on First Avenue also would greatly exceed the
current traffic of 10,000 on Melrose Avenue at West High School, even though Melrose Avenue
functions as a true arterial in that section and is subject to considerable congestion during the
Planning and Zoning Commission Minutes
January 7,1999
Page 4
opening and closing of school. He said that travel times are very poor on arterial streets such as
Melrose and asked what the projected travel time would be for someone to drive the length of a
collector street, such as First Avenue, at 8 a.m.
Pretorius said these questions are not trivial and need to be addressed. He said the computer
modeling is not perfect and there is some variance, perhaps of plus or minus 20%. Pretorius
said to its credit, the computer model looks at traffic flow for the entire Iowa City/Coralville area,
which makes it more accurate and less susceptible to local perturbations. He said to its
discredit, the current computer model does not include the Coral Ridge Mall as a destination of
cars in Iowa City. He stated that if the mall were included in the computer model, it would make
the traffic on First Avenue higher than the current projected numbers. Pretorius said accurate
numbers and careful planning are important. He said the current numbers are alarming to say
the least.
Pretorius said safety was not addressed in the report, particularly with regard to the schools. He
said there are currently 3,565 students attending the four schools along First Avenue and
roughly half of these students would presumably be crossing First Avenue every day just to get
to school. Pretorius said in addition to parents driving to school activities, there are also about
500 school employees at these schools, resulting in a constituency of around 4,000 people
involved in school activities on a daily basis. He said even with traffic calming effects on First
Avenue, any increased number of students or increased number of cars would increase
proportionately the number of car/pedestrian accidents that would occur, even with the safest
conditions. Pretorius said the 3,565 students at these four schools represent 40.1% of all the
children attending schools within the Iowa City limits. He said no other street in Iowa City even
comes close to having these numbers of students. Pretorius said it does not make sense to
make the street with the heaviest population of students also be the street with heaviest
congestion of car traffic.
Pretorius discussed the cost issue for the extension of First Avenue. He said although First
Avenue is frequently referred to as an arterial street, it actually meets the American Society of
State Highway Transportation Officials standards for an arterial street only in the southern
portion from Highway Six to Southeast Junior High. He said it meets the American Society of
State Highway Transportation Officials standards for a collector street, as in fact do Rochester
Avenue and North Dodge. Pretorius said the collector street section is the two miles of First
Avenue from Southeast Junior High to its northern terminus. He said if First Avenue and
Captain Irish Parkway both go through and there is an increased number of cars, the street
which is actually a collector street will be functioning as an arterial street, which is inevitably
going to be fraught with expense, not to mention poor planning. Pretorius said the current
projected cost for First Avenue is about two million dollars and the cost for Captain Irish
Parkway about seven million. He said one unknown is the projected cost over the next five to
ten years to upgrade the two miles of First Avenue from Southeast Junior High to its current
northern terminus. Pretorius said First Avenue is a very substandard route for the current
projected traffic volume in that it is narrow, two-lane, has 138 curb cuts, many private
residences, no turning lanes, except at First and Muscatine, no shoulders, and narrow
sidewalkS. He added that there is a steep and curving hill north of Rochester that has a 10%
grade. Pretorius said that according to standards, an 6% grade or less is actually required for an
arterial street.
Pretorius said although a number of features of First Avenue are likely to be left in a
substandard and hazardous condition, some changes will be inevitable, such as widening First
Avenue to three lanes, adding turning lanes, and adding traffic lights, if the current projected
traffic volumes do develop. He said because of the length of First Avenue, nearly two miles, and
Planning and Zoning Commission Minutes
January 7, 1999
Page 5
the amount of work that would need to be done, it would seem likely to require an additional
three to four million dollars for additional unplanned expenses. Pretorius said these expenses
do need to be included in the planning and in the construction budget in order for the City
Council to make fiscally responsible decisions.
Pretorius said the planning workshops organized by the City planning office included
representatives from all the constituents who are concerned about prudent and judicious
development in the Northeast District, including homeowners, developers, businessmen, school
representatives, community service representatives, environmental representatives, and City
officials. He said that ten of the thirteen working groups at the workshops did not connect First
Avenue and supported the position presented by the citizens' alternative plan, which is not really
an alternative plan at all, but the consensus plan of the workshop participants. Pretorius asked
the Commission to seriously consider the issues of congestion, safety, and cost as its makes its
decisions. He urged the Commission to recommend not connecting First Avenue and to adopt
the citizens' alternative plan as the plan to be presented to the City Council.
Candida Maurer, 627 Bradley Street, asked Commission members to really consider building
Captain Irish Parkway first and living with it for two or three years to see what develops. She
said that could be used as the alternative, and if First Avenue needed to be expanded in the
future, it could be looked at again. Maurer said there are so many people telling the Commission
that this is a bad idea and harmful to the community. She said it seems like people are not being
heard.
Public discussion closed.
MOTION: Gibson moved to defer discussion of an amendment to the Comprehensive
Plan to include the Northeast District Plan for property generally located east of First
Avenue, north of Court Street, south of Interstate 80 and west of Taft Avenue to the
January 21, 1999 meeting of the Planning and Zoning Commission. Ehrhardt seconded
the motion.
Gibson said Janz had talked about the protection of Hickory Hill Park. He said the reality of this
is that the Planning and Zoning Commission is not free to take private property via the planning
and zoning process and preclude its development for some public purpose without proper
compensation. Gibson said he did not believe at this point, but had not checked with other
Commission members and staff, that the Commission could protect the edges of Hickory Hill
Park by prohibiting development in this area that is currently privately owned. He said that is a
very serious consideration. Gibson suggested that the best way to save the Hickory Hill Park
peripheral areas is to urge the City Council to buy that property and dedicate it to park land use
in the community.
Regarding the traffic model, Gibson said the notion of that street carrying 20,600 automobiles is
ludicrous on its face and will not happen. He said the purpose of those projections is to find out
what will happen if only one specific thing is changed, and they do not take into account any
improvements that would be made that would tend to transfer that traffic someplace else, which
is exactly what would happen if there are 20,600 automobiles on the street. Gibson said that
methods such as traffic calming devices, turn lanes, etc. would considerably mitigate the impact
of that traffic so that it will not be nearly as bad as has been characterized, even though the
traffic model predicted that amount. Gibson said Jeff Davidson would be discussing these
figures and would probably agree that the numbers are correct, but the interpretation can be
considerably different depending on the outcome one is looking for.
Planning and Zoning Commission Minutes
January 7,1999
Page 6
Regarding Candida Maurer's comments, Gibson said the Commission routinely is confronted
with people who are against what is being proposed. He said the Commission rarely hears from
people who take the time or have the courage to stand up and speak for the other side. Gibson
said it is the responsibility of the Commission to look at this from a community-wide perspective,
not just the neighborhood perspective. He said this does not mean the Commission is
insensitive to, not listening to, or doesn't care what the neighbors are saying, but sometimes the
needs of the community have to be placed above the needs of the neighborhood. Gibson said
the Commission has to bring to bear a different perspective than the neighborhoods and the
people directly impacted by the contemplated improvements.
Bovbjerg said she was looking forward to hearing Jeff Davidson's comments regarding the
traffic models. She said that traffic patterns and traffic habit patterns are important to look at.
Bovbjerg added that a lot of streets in this City serve as something they were not built for,
having become arterials or collectors because of where the traffic is and where it goes. She said
it is difficult to plan a district, because people want safe streets with no arterials, but they also
· want to get through town or around it. Bovbjerg said she sees those goals as conflicting and is
waiting to hear Davidson's discussion of the traffic patterns.
Ehrhardt said she likes the idea of separating the issue of the First Avenue extension from the
other issues and focusing on that. She said she is concerned with what will happen if the
Commission recommends the extension with Captain Irish Parkway at the same time and then
the Capital Improvements Program changes so that the City cannot afford Captain Irish
Parkway. Ehrhardt said she felt that both streets should be constructed together. She said she
lives in a area with an arterial that is very disruptive to the neighborhood, and she would hate to
see this First Avenue extension cause that kind of disruption to this neighborhood. Ehrhardt said
she also would be interested in finding a way to provide a buffer for the park.
Chait said staff has spent a lot of time on the Northeast District Plan, and the Commission is
only hearing about First Avenue and Captain Irish Parkway. He said the Commission needs to
take an adequate look at the entire district. Gibson agreed that the Commission has focused
almost exclusively on the First Avenue extension as the core issue here. He said it may not be
possible for the Commission to look at all the details related to this plan until it has resolved
where it stands on the First Avenue issue. Gibson said there are certain things that have to be
decided at the same time, because they directly impact on First Avenue, but a whole lot of the
issues do not. He said otherwise, the Commission is faced with an A or B choice - the City
staffs plan versus the alternative plan. Gibson said there may be a lot of things that are good
and bad about both plans, and the Commission needs an opportunity to review those things
independent of the First Avenue issue.
Chait suggested taking a macro view with a bigger perspective than the First Avenue issue and
then start to narrow things down from that scale. Ehrhardt suggested proposing
recommendations and having the Commission then vote on each recommendation, rather than
passing or denying an entire plan. Gibson felt that was a good idea, but said that the First
Avenue question still needs to be decided first.
Chait questioned whether First Avenue extended would have to be an arterial or collector street.
He said a street designed for slower traffic with more stop signs and intersections can still
accommodate emergency vehicles. Chait said if it is not a convenient street, then it might be
less traveled. He stated that he knew some people were concerned about trucks coming
straight down First Avenue from the dairy and asked if there could be restrictions placed on
truck traffic or on the weight of a vehicle allowed to use this street. Gibson said that University
Heights has restrictions on traffic on Melrose Avenue. Chait said there may therefore be ways to
Planning and Zoning Commission Minutes
January 7,1999
Page 7
have connections of the infrastructure for police and fire use without inviting through traffic.
Shannon said there are a lot of things that can be done to restrict the traffic, and he thought that
was what the City intended to do. He added that the bottom line is that the City is still stuck with
all these cars, and the cars have to go somewhere. He said we keep shoving them somewhere
else. Shannon said until people are using some other mode of travel, we have to do something
with all these cars.
Chait said the citizens who have spoken have demonstrated a huge willingness to be flexible
and compromise and have been grateful for the opportunity to participate. He said that
addressing their concern does not necessarily have to be doing what they think they want. He
said like any concern, there is a root to the concern that does not necessarily show up, and
there is a way to address the concern without doing the obvious. Chait said there are ways to
design streets to address the concern and ameliorate the problem instead of ignoring it.
Schintler said no one wants this in their neighborhood. She said she has seen traffic continue to
increase over time in Iowa City. Schintler said there have to be streets for the traffic, and staff is
really trying to deal with this situation. She said the Commission has to work on what is best for
the City overall.
Bovbjerg said she didn't see a way to make any recommendations without looking at First
Avenue. She said this is a major concern. Bovbjerg said there are traffic calming and land use
issues, and there are topographic problems, but to look at a plan without looking at the roads
would be foolish. She said there have been problems in the past when traffic has not been
looked at closely and the result has been bad roads and bad traffic patterns.
Ehrhardt asked staff to ask Davidson what the result what be if Captain Irish Parkway is
installed first. She asked Holecek if she would look into the legality of restricting the buffer
around Hickory Hill Park. Shannon said he understood that the reason the City wants to
construct the two streets at the same time is to avoid having traffic filtering through the
neighborhoods if only one street were constructed.
Supple announced that the Commission's next meeting would be January 21, and there would
be no informal meeting on January 18 as it is a City holiday. She asked Commission members
how they would like to proceed with this item.
Gibson said that at some point there will have to be a broad consideration of the extension of
First Avenue and the peripheral issues pertaining to that extension and then a motion pertaining
to the extension. He said the Commission then can move ahead with the other issues as it will
be somewhat freed from the burden of the First Avenue issue. Supple suggested that the
Commission will not be free from that burden, because if the Commission's consensus is
different from that of the majority of the people attending the meeting, people will continue to
speak to try to convince the Commission otherwise. Miklo encouraged the Commission to have
a workshop to discuss the First Avenue traffic issues-before voting on the extension. The
consensus of the Commission was to have this item on the agenda on January 21 and at that
time hold a meeting similar to a work session and have input from Jeff Davidson, the City
Transportation Planner, regarding First Avenue. Supple said that a straw poll regarding First
Avenue might be taken at the January 21 meeting. The expectation was that the Commission
would then defer this item to the February 4, 1999 meeting. Supple informed the public that the
Commission would hold an informal meeting on February 1. She said the public can attend the
informal meeting, but there is no public discussion at the informal meeting, as it is an
information gathering process.
Planning and Zoning Commission Minutes
January 7,1999
Page 8
Supple said she had a list of ten items concerning the Northeast District Plan that she would
submit to staff and ask to have distributed to Commission members in their next mailing. She
asked other Commission members who might have issues with the plan to follow the same
procedure.
The motion to defer carried on a vote of 7-0.
Supple opened up the meeting for more public discussion concerning the Northeast District
Plan.
Derek Maurer. 508 Kirkwood Avenue, asked to respond to comments by Commission members.
He said on the whole, he supports the Northeast District Plan and thinks it is a very good plan.
Maurer said nevertheless, the issue close to people's hearts is about First Avenue, because of
the range of issues that particular question represents. He said with regard to Janz' suggestion
to protect a buffer near the park, the Comprehensive Plan calls for the City to preserve historic
and scenic vistas. Maurer said in no case will one ever find that land is unowned by anyone. He
said if the City really means that it is committed to preserving historic and scenic vistas, this
represents a good opportunity to grapple with that issue. Maurer said other cities have done
innovative things, such as purchasing development rights, that might allow the City to affect that
change in the plan and not go outside the law and not take people's property without just
compensation.
Maurer said regarding comments about the increasing volume of traffic and the fact that
vehicles have to go somewhere, the Commission members should open up to different ways of
looking at that question instead of continuing to rely on single or low-occupant vehicle
transportation for the bulk of our transportation needs. He said the traffic volumes, with or
without the First Avenue extension, are horrifying. Maurer said he would like the City to do
something to grapple with that issue now so that it doesn't become such a problem. He said the
free bus loop has become very successful in its year or so of operation. Maurer said First
Avenue is a good opportunity to consider the range and breadth of these issues, rather than
focusing on a single solution to the problem.
Kathy Janz said she believed that what zoning did was more or less help private citizens decide
what they could do with their land. She said she could provide numerous examples, mostly in
Wisconsin, where one could kayak 90 miles down the Wisconsin River past numerous parcels
of private land and never see a cabin or a house. Janz said this involved private land, with the
State deciding to install a buffer, not necessarily purchasing the land. Gibson said he did not
think it is possible any place in this country to take private land without compensation. He said
he never suggested that the solution to the Hickory Hill Park issue was not somehow buying it.
Gibson said he believes that would be the viable solution - that someone has to purchase those
property development rights, either as view corridors, easements, or outright ownership of that
land.
Janz said it might be possible to ask for the houses to be set back to 400 feet instead of having
the 100-foot buffer. She said this would be an issue for legal counsel to look into. Gibson said
the private property owner might not agree with that. He said there is a limit to what the
Commission can do with zoning and development planning, and there are some things that
cannot be done. Gibson said one couldn't assume that the Commission can provide protection
for Hickory Hill Park via the Comprehensive Plan process or zoning. Holecek said the City could
not preserve the views from Hickory Hill Park without just compensation being paid to property
owners upon whom the regulation sits or removes property rights. She said the core of the
analysis is how far the regulation goes in otherwise taking away development rights of the
Planning and Zoning Commission Minutes
January 7,1999
Page 9
private property owner. Holecek said if one is talking about making that particular boundary or
setback area accessible to the public, then one has removed the idea to be exclusively private
property, which has been determined to be a taking. She said it depends upon the level of
regulation and is a case by case factual analysis.
REZONING ITEM:
SUB98-0033/REZ98-0019. Public discussion of an application submitted by GICHF Limited
Partnership for a rezoning of 2.78 acres from Low Density Single-Family Residential (RS-5) to
Planned Development Housing (PDH-5) to permit a 14-unit residential development on property
located at the northeast corner of Duck Creek Drive and Rohret Road. (45oday limitation period
expires January 9, 1999)
Kugler said the Planned Development Overlay zone is generally intended to permit flexibility in
the development of land in situations where conventional development may not be reasonable
or appropriate and where modifications to the requirements of the underlying zone will be
consistent with the intent of the Comprehensive Plan and result in development that is
compatible with the surrounding neighborhood. He said given this property's location adjacent to
a limited access highway and an arterial street, its unusual size and shape, and its very limited
access, staff feels it is reasonable to consider an alternative to single-family housing on
individual lots on this property. Kugler said what is being proposed by the applicant is a
development that is consistent with the density requirements of the RS-5 zone, but it would not
have the individual detached residential units on individual lots. He said in reviewing such an
application, staff looks at its consistency with the Comprehensive Plan, its compatibility with the
surrounding neighborhood, and the ability of the infrastructure in place to handle the
development.
Kugler stated that the Comprehensive Plan land use map suggests residential development for
this area at two to eight dwelling units per acre. He said the proposed development would meet
the density requirements of the Comprehensive Plan. In addition, Kugler said there are housing
strategies in the Comprehensive Plan that have goals of providing housing opportunities for
households of all sizes, incomes, ages, and special needs and promoting a mix of housing
styles within individual neighborhoods. He said staff feels that considering some alternative here
to single-family housing would be a step towards meeting those goals. Kugler said staff feels
this proposal is in conformance with the goals and policies of the Comprehensive Plan.
Regarding the OPDH plan, Kugler said the proposal is for fourteen townhouse units in three
buildings, two buildings parallel with Rohret Road with five units each and a third building farther
north on the site with four units. He said the plan has been revised slightly as recommended by
staff to place the four-unit building closer to Duck Creek Drive, making it more a part of the
streetscape. He said staff is currently examining that revised plan.
Kugler said questions were raised at the informal meeting about the appearance of the
development for people entering the site, and comments were made that if the drive were
considered a street, the long rows of garage doors and relatively uninteresting architecture
would be a harsh environment for the people living there. He said staff sees that drive as more
of an alley, providing access to these units, with the fronts of the buildings actually fronting out
onto the public streets. Kugler said the Comprehensive Plan, in addressing neighborhood
design concepts, contains a number of statements about the aesthetics along arterial streets in
terms of building designs and not having backyards of dwelling units back up onto arterial
streets, which often results in fences along arterials. He said one of the solutions to that problem
cited in the plan is having some alternative land use there such as townhouses, which can front
Planning and Zoning Commission Minutes
January 7,1999
Page 10
on the arterial street while being set back somewhat and provide for a nice streetscape along
the arterial street where from 70 to 80% of the traffic in Iowa City is driving.
Kugler said staff has some concerns about the design of the exterior of the buildings. He said
staff felt the architecture was not in conformance with the rest of the neighborhood and
therefore staff had yet to make a recommendation. Kugler said he expected the applicant to
submit revised elevations, and staff would need time to study them before making a
recommendation.
Regarding the infrastructure, Kugler said Rohret Road is an arterial street that has been recently
constructed, and it can accommodate the additional traffic this development would generate. In
terms of sanitary sewer and water service, he said both are available to the site, although there
are some technical details that need to be resolved in terms of actually getting that service to
the site, but staff feels that can be accomplished. Kugler stated that a total of .6 acres of open
space is required as a result of this development, but, given the limited access to this parcel,
staff is recommending that be handled through the payment of fees in lieu of actual land
dedication. He said the Parks and Recreation Commission would be reviewing that question
and would provide a recommendation to the City Council.
In terms of the Sensitive Areas Ordinance, Kugler said there are some critical slopes on the
property adjacent to Highway 218. He said staff believes those slopes were created when
Highway 218 was cut through this area, but staff still needs to look at the Sensitive Areas
Ordinance in such a case. Kugler said staff is waiting for the applicant to submit information
indicating his grading limits in order to determine whether or not he would be encroaching into
those critical slope areas. He said if the applicant is not encroaching, there will simply need to
be a sensitive areas site plan that identifies those areas and indicates how they will be
protected. Kugler said if the developer intends to encroach into those slopes, this application will
have to be amended to be a sensitive areas overlay rezoning, essentially not changing the
process, but changing the information that needs to be shown on the plan. He said staff is
currently recommending deferral of this item, and the applicant has submitted a letter indicating
his willingness to defer consideration of this application to January 21.
Gibson asked where staff envisions the backyards for these units. Kugler said that, similar to
other townhouse developments, each unit does not necessarily have a backyard, but there is an
area of shared open space. Gibson asked what staff sees as the front yard. Kugler said the front
of the units along the streets would constitute the front yard. He added that residents might be
inclined to use the front yards, as there is an eight-foot sidewalk along the front as well as a
school approximately ¼ mile to the west and a bus line to the east. Gibson said that at Walden
Hills, the street is in front of the house. Kugler stated that Lot 51 of Walden Hills, which is on a
corner lot similar to this one, has a private drive behind the units providing access to the
garages. He agreed that the public street is in front of the houses. Gibson said the difference is
that there is no street at the fronts of these houses, only sidewalks, and the back is straight
garage, no green grass, and all pavement with a supposed back door off the street. Kugler
responded that the streets are Rohret Road and Duck Creek Drive, just like Walden Hills is
fronting on Shannon Drive, a collector street. Gibson asked if someone could park their car on
the streets for this proposed development. Kugler said one could park on Duck Creek Drive but
not on Rohret Road.
Regarding the resubdivision of Lot 53 of Walden Hills, Gibson said the backyards have a
driveway to provide access to garages and asked if there is any green space there. Kugler said
there is an area of open space on the larger lot and some patches of green grass, with about
ten feet between driveways. Gibson said he would like to compare that development to this
Planning and Zoning Commission Minutes
January 7,1999
Page 11
proposal, because at Walden Hills, there is a clear perception of what the fronts of those units
are, and one can park on the street in front and walk into the public front side without a sea of
concrete and wall of garages almost obscuring the houses. Gibson said this current proposal
would not result in a good living environment.
Kugler said his own arguments were not necessarily specifically related to this development. He
said staff feels this is a good concept for developing land along arterial streets anywhere in the
City. Kugler said this is an alternative to backyards with fences along arterials and this
alternative has been done successfully in other areas, such as along Scott Boulevard. Gibson
asked if fences could be built here, and Miklo responded that there is a four foot height limit for
fences placed in the front yard.
Bovbjerg said this is similar to the rows of townhouses along Rohret Road and Mormon Trek.
She said she is concerned about whether, if these are family homes, there is anything
designated for and fiat enough for a playground area. Bovbjerg said she was also concerned
about houses essentially backing onto an interstate. She wanted to know if there is anything
planned for buffers, Kugler said the applicant has shown some evergreen plantings on the plan.
He said that is another reason staff has recommended that the four-unit building be pulled as far
west as possible, in order to provide some separation between the dwellings and the highway.
Kugler said there is some usable open space on the plan to the north and there may be other
small areas.
Chait asked if the proposed buildings would be similar to the townhouse units on Scott
Boulevard. Miklo said they are similar to the buildings on the corner of Scott Boulevard and
Washington Street. Chait said the argument could be made that it would be oppressive to have
to drive down that alley every night to get home; however, if the Commission wanted the alley to
be in front and have the units turned around, there is no way the Commission would allow those
garages to face Rohret Road or Duck Creek Drive. He said the choice is either one way or the
other. Chait said, regarding the elevations, he had concerns about the size and look of the
buildings. He talked about the Deerfield Commons townhouses in Village Green and said that if
this area looked like that from that street, he would really like the appearance.
Schintler said her husband and his brothers are owners of a few remaining lots in Hunters Run.
She said she discussed this with legal counsel, and they felt that it would not be a conflict of
interest for her to vote on this application. Holecek noted that the lots owned are on the far
western edge of Hunters Run, which is one of the last platted areas. Schintler said she was
concerned that this development would be right in the backyard of the property to the northwest
of this land.
Public discussion:
Bob Burns. 319 East Washington Street, said he is the developer for this project, although he
has no ownership interest in this property. He said this property is owned solely by the Greater
Iowa City Housing Fellowship.
Burns said in response to staffs comments, he is trying to put the best portion of the building
facing the streets and have the utilitarian portion, the access drive and the garages, in the rear
of the building. He said he limited the access to the site to a single point off Duck Creek Drive.
Burns said he is sensitive to the design and making it compatible with the neighborhood, and
therefore hired a national design firm, Bloodgood, Sharp, and Buster of Des Moines, to be the
design architect. He showed elevations of the four-plex and five-plex to the Commission. Burns
said he could not get elevations prepared in time to be distributed to Commission members, so
Planning and Zoning Commission Minutes
January 7,1999
Page 12
what members received were basic study elevations based on the floor plan and the site plan.
He also showed a diagram of the new site plan for the area.
Burns said he took photographs of most of the houses in the subdivision off of Duck Creek
Road and sent them to the design architect. He asked for input from Commission members in
order to produce a successful development and said he wanted to make this compatible with
the neighborhood. Chait suggested that might not be the best idea. He asked if it would be
possible to have the units look more individual with different bricks and different sidings, in order
to break up the appearance, without raising costs a great deal. Burns said it is possible, but he
would like something that will work in terms of this neighborhood. He added that Deerfield
Commons is the only building like that in the City. Burns said he could vary the color of brick
and siding and would rather do something like that, rather than making every unit different.
Chait said he did not necessarily want this to look like Deerfield Commons but would like to see
different siding, bricks, and shingles used so that the buildings look like nine different units and
not two big buildings. He said he did not think the increased cost of these changes would be too
high if three different colors of brick were used and something similar was done with siding.
Chait said the design was acceptable, but he thought the scale of it was a bit much. He said he
would prefer for each individual unit to have some identity. Burns said he would ask the design
architects to study the possibilities.
Ehrhardt said Burns' statement of intent discussed paying special attention to a number of
things, including variable roofiines. She said she likes the roofiine on the four-plex, but the five-
plex appears to contain one straight roofiine. She added that like any plan, the Commission has
to look at the future potential of these units. Ehrhardt said even though it is planned for family
housing, there is the possibility of these units being rented out to students, and the Commission
has to consider that possibility. Miklo said the only time the Commission can get involved in
terms of who lives in a particular development is when elderly housing is concerned.
Bovbjerg said the Commission has sometimes been given special projects and told not to look
at the specialness, but the specialness turns out to be very important to what is done with the
land. She cautioned the Commission to look at whether this is the right way to use the land and
not think about who might or who might not be able to live there. Kugler said that if there are
different housing requirements for a certain group, e.g. different parking requirements for a
senior housing project, that needs to be considered. He said this should be looked at as a
residential development, and not as a residential development for any particular group.
Burns said the applicant has identified the sensitive areas slopes that were manmade during the
construction of Highway 218 and has been staying out of those areas except for a tiny corner of
the southern portion, which he showed on the map. He said the applicant does plan to provide
playground equipment on the site. Burns said the plan submitted did satisfy all issues raised by
other City departments, including Public Works and the Fire Department, and the plan has been
reviewed by staff fairly extensively.
Charlie Eastham. 1152 East Court Street, said he is the current President of the Board of
Trustees of the Greater Iowa City Housing Fellowship (GICHF), a non-profit corporation and the
applicant for this rezoning. He said the mission of his organization is to provide affordable
housing, and it has been in operation in Iowa City since 1991. Eastham said the GICHF
presently owns and operates over 65 rental units scattered throughout the community. He said
the GICHF has an interest in this project not only because it will add to the number of affordable
rental housing units available in the community for working families, but will also fulfill the stated
goals of the Comprehensive Plan to provide housing for all ranges of income throughout the
community.
Planning and Zoning Commission Minutes
January 7,1999
Page 13
Eastham said the GICHF is an open corporation governed by a board of directors. He said the
GICHF holds very public, open meetings every month to which everyone is invited, and
everyone is invited to apply for a seat on the board of directors. Eastham said these units would
not be available for groups of non-related students throughout the period of time they are owned
by GICHF, which would be over their useful life. He said the GICHF does not buy or build
housing for short-term uses.
Patrick Gugliano 1106 Duck Creek Drive, said he felt this was his first opportunity to address
this development and appreciated the opportunity to be heard. Regarding the Comprehensive
Plan, he said he appreciated the need for diversity, but as the plan says, the development is to
be "...designed to be compatible with, in scale with, and integrated into the surrounding
community." Gugliano said he believes that non-detached housing units like this would not fit
into this particular community and would decrease adjacent housing property values. Gugliano
said he agreed that the Commission has to examine the needs of the entire community over the
needs of a small group of people, but this case involves 14 units versus the more than 100
homeowners of Hunters Runs Subdivision and the surrounding homeowners.
Gugliano said the slope that was discussed was created by the construction of Highway 218. He
said this past year, there has been some fill work done there to help create some of that slope.
Gugliano said the evergreen trees shown on the plan as a barrier probably will not provide a
barrier for some time with that type of elevation. He added that moving the north building closer
to Duck Creek Drive would move the building closer to the backyard of the adjacent property
owner. Supple said she believed the reason for moving that building was to get the view of
those buildings out of the neighbor's backyard.
Margaret Hopwood, 3263 Rohret Road, said she lives a little bit southwest of this particular
view, but does have a very commanding view of this particular parcel. She said she had two
major concerns about this application. Hopwood said she was concerned about safety in this
area if multi-family housing were located here. She said this is a busy freeway that is becoming
busier, and she felt children could be at considerable risk in this type of setting.
Hopwood said she also had concerns about the appearance of the buildings, given that she
would have to look at them on a daily basis. She stated that she would appreciate anything that
could be done to make the appearance more palatable.
Laurie Wilson Ihry, 1243 Duck Creek Drive, said she lives very close to this parcel of land. She
said the Commission needs to step back and look at the big picture. Wilson Ihry said she did not
believe that 14 additional units would have any more positive social or environmental impact on
this community than would having a couple of single-family houses in this area. She said she
was disturbed because it sounds like this rezoning is a done deal and will just move forward
when the rezoning goes through. Wilson Ihry said she does not see the impact of this project
being beneficial to anyone except perhaps the developer..
Wilson Ihry asked about the notification process for the meetings. She said she received her
notification in the mail on Monday, but some of her neighbors were not notified at all. Kugler
said the notification policies were just recently changed. He stated that when an application is
filed, a sign is placed on the property within a couple of days. Kugler said letters are
immediately mailed out to those owning property within 300 feet informing them of the
application and the potential first meeting date. He said property owners are encouraged to call
the Planning and Community Development Office to verify the date, and when they call, they
are asked if they would like to be placed on a mailing list to receive an agenda when the item is
Planning and Zoning Commission Minutes
January 7, 1999
Page 14
actually placed on the Commission's agenda for its consideration. Kugler said that unfortunately
the agendas are generally not finalized until the Thursday or Friday before the meetings, at
which time they are mailed out. He added that the Commission generally holds two public
hearings on any rezoning item so that anyone who cannot attend the first meeting gets a
chance to speak at the second meeting.
Ehrhardt said the notification process is better than it used to be. She added that this certainly is
not a done deal. Ehrhardt said the Commission listens to the applicant and all of the speakers
and also considers staffs recommendation before making a decision.
Chait said the density being requested in this rezoning is not different than that for a single-
family home. He said one of the concessions the developer makes in requesting the PDH
rezoning is that the Commission then has an opportunity to have some input into what the end
result will look like; not only the site plan but the actual architecture as well. Chait said
requesting the different zoning is placing an additional burden on the developer to get what he
wants in consideration for the City getting something it wants.
Peg Gugliano. 1106 Duck Creek Ddve, said she asked to be put on the mailing list in
December, but never received notification of this meeting. She stated that others who had
asked to be on the mailing list said they did not receive any notification whatsoever.
Gugliano said she and her neighbors have purchased their homes with the understanding that
this particular tract of land would be developed in the same fashion as the rest of the homes in
the neighborhood, as single-family homes with yards. She said she would like to see that done
with this tract of land if at all possible.
Nancy Askew. 3224 Rohret Road, said the people who live in these units will have a lot of noise
from both Highway 218 and Rohret Road. She said she has lived in the area for a long time and
like the other people who face Rohret Road, has given up a lot. Askew said when she first lived
there it was nice and quiet, but before long the City took some of the land to widen the road,
took some of the trees, and installed a sidewalk. She said the quality of life there has really
gone down with all the traffic and noise and fourteen more families will just contribute to more
traffic. Askew said there is a lot of housing construction going on on both sides, and the City
should see what the impact is from that before doing something with this little piece of land.
Dave Amelon. 919 Duck Creek Drive, said the first plan of the area did not show much parking
and asked what size of garages these units would have and where people would park. He said
he is against putting these buildings on the site.
Richard Loan. 1204 Deerfield Drive, asked where children would play if this is to be family
housing. He said that since there is virtually no backyard, they may end up playing in the front
on Rohret Road, or kids may congregate in the small area on the north side and potentially
intrude on the present homeowners property. Loan said this neighborhood currently does not
have multi-family complexes like this. He said that Highway 218 is the introduction to the
neighborhood when one drives across the bridge, and this will be the first thing one sees when
entering the neighborhood. Loan said he is concerned about the appearance of this project. He
added that the only place to park now is on Duck Creek Drive, which will create another safety
hazard for children, as the only place for them to play is on the corner of Rohret Road or up on
Duck Creek Drive. Loan urged the Commission not to recommend this rezoning.
Planning and Zoning Commission Minutes
January 7, 1999
Page 15
James Choi. 1237 Deerfield Drive, said he has lived in this area for a year. He said he did not
see how 14 units can be crammed onto land that is designed for only two or three units. Choi
said the grade going down to the highway is very steep, and children will find a way to go down
the slopes, even with a concrete barrier. He said that leaves the only place for children to play to
be on the north side next to the private property, which may not be a good idea. Choi asked the
Commission to leave the zoning as it is instead of allowing these multi-family units.
Public discussion closed.
MOTION: Chait moved to defer SUB98-0033/REZ98-0019, an application submitted by
GICHF Limited Partnership for a rezoning of 2.78 acres from Low Density Single-Family
Residential (RS-5) to Planned Development Housing (PDH-5) to permit a 14-unit
residential development on property located at the northeast corner of Duck Creek Drive
and Rohret Road, to the January 21, 1999 meeting of the Planning and Zoning
Commission. Bovbjerg seconded the motion.
Chait encouraged the members of the audience to obtain a copy of the Iowa City Zoning
Ordinance. He said one of the Commission's missions is to interpret the ordinance and allow for
it to be implemented in a functional way. Chait said the technical component is what the
Commission is reviewing, and a lot of the concerns regarding the location and amount of
parking are all addressed in that standard that the applicant is being held to and will happen the
way that the zoning ordinance requires. Chair said a lot of what he is hearing is "not in my
neighborhood." He said this type of housing could cost $60,000 to $80,000 per unit. Chait said
the same type of development could be done at a cost of $200,000 with lots of design features
but without increasing the square footage that much. He asked if that would make a difference
should that kind of project be the end result. Chait said the Commission cannot determine who
lives where and how much they spend. He said the zoning ordinance and the Comprehensive
Plan encourage diversity of housing types. Chair said the way that the ordinance is written, the
developer of this type of parcel can apply for this type of zoning. He said when that happens,
the City then has the authority to tell the applicant how he can do what he wants to do. Chait
said that a single-family house would not come under the Commission's review the way this
project does. He said the Commission is not the bad guy here in interpreting an ordinance that
applies to the entire City and a standard to which everyone is held. Chait said a lot of the
concerns are not valid if they are just "not in my neighborhood". He said the standard is bigger
than this project and applies to the whole City in terms of the zoning.
Bovbjerg said she had two questions about this project. She said one question is whether this is
the best use of this land for this land topographically and this neighborhood. Bovbjerg said she
also had a concern about a design that is tentative and then modified according to the
perception of how the Commission would like it to look, and whether, if it looks that way, the
Commission should automatically approve it. She said the Commission has to look at the land
and the neighborhood with the traffic patterns as they are and how they might occur and also
what kind of design, if any, would fit here and look good here.
Gibson said he appreciated the difficulty in finding a site for this kind of housing. He said these
are three and four-bedroom homes intended for low-income families, which frequently translates
to younger people with children. Gibson questioned where young children would play in this
area since there cannot be a fence in the front yard and there is no backyard. He said this is not
good planning for this kind of housing, and that is probably a function of the site. Gibson said
the site is really too small for this number of units. He suggested that it would be suitable for
single-family detached housing. Gibson said he wondered what was going on here in terms of
Planning and Zoning Commission Minutes
January 7, 1999
Page 16
economics, development options, etc., that says that the right thing to do to get the price down
for these units is to shoehorn these houses into this site in an unacceptable, aestl'ietically-poor
manner. He said the people using this housing have a right to a certain standard of living and a
certain set of expectations, and he did not think they would get them here. Gibson said the
Commission should look hard at whether it is appropriate to rezone this land for an OPDH or
whether it would be best to leave it RS-5. He urged the developer and the owner to look at
some of these issues. Gibson said the whole thing just does not work well for him, because he
does not think this will be a very successful development of this parcel.
The motion to defer carried on a vote of 7-0.
CONSIDERATION OF THE DECEMBER 17. 1998 PLANNING AND ZONING COMMISSION
MEETING MINUTES:
Ehrhardt said she had revisions of typographical errors in the December 17, 1998 minutes to
submit to staff.
MOTION: Chait moved to approve the minutes of the December 17, 1998 Planning and
Zoning Commission meeting, subject to revisions as submitted by Ehrhardt. Shannon
seconded the motion. The motion carried on a vote of 7-0.
PLANNING AND ZONING COMMISSION INFORMATION:
Miklo distributed a rotation schedule for upcoming City Council meetings.
Ehrhardt said she had had a conversation with David Forkenbrock about the Northeast District
Plan. Gibson said he also had a conversation with Forkenbrock.
ADJOURNMENT:
The meeting was adjourned at 10:02 p.m.
Pam Ehrhardt, Secretary
Minutes submitted by Anne Schulte
ppdadmin/minlp&z0107.doc
IOWA CITY PLANNING AND ZONING COMMISSION MEETING
THURSDAY, JANUARY 7, 1999 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
SIGN IN SHEET
NAME ADDRESS
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MINUTES
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JANUARY 7, 1999 - 3:30 P.M.
CITY MANAGER'S CONFERENCE ROOM - CIVIC CENTER
PRELIMINAR?
Subject to Approval
MEMBERS PRESENT: Rick Fosse, Deborah Galbraith, Kevin Hanick, Gary Nagle, Nancy
Purington, Lesley Wright
MEMBERS ABSENT: Terry Trueblood
STAFF PRESENT:
Joyce Carroll, Karin Franklin
RECOMMENDATION TO CITY COUNCIL:
The PAAC moved to recommend approval of the acquisition procedures as amended by a vote
of 6-0.
CALL TO ORDER:
Chairperson Hanick called the meeting to order at 3:40 p.m.
PUBLIC DISCUSSION:
There was none.
CONSIDERATION OF THF MINUTES OF THE DECEMBER 3. 1998, MEETING:
Purington said in the third-to-last sentence in the third full paragraph of page 4, the words "long-
term" should actually be "short-term".
MOTION: Wdght moved to approve the December 3, 1998, meeting minutes as amended.
Fosse seconded the motion. The motion carried by a vote of 5-0.
Galbraith asked about Dave Dennis and the job description, and said she spoke with Karen
Kubby about the art piece in the peninsula. Franklin said that Dennis would attend the
Committee's February 4 meeting to discuss maintenance of outdoor sculptures, she did not
complete the job description and she had some more information on the peninsula art piece.
She said it was done by an MFA student named Jacqueline Weir, and Kubby tried to contact her.
in December 1997 at an Oxford, Iowa, address, but did not hear anything back. She said she
would talk to Dennis about Weir's thesis to see if there is some information about what is
supposed to happen with the piece. She said Kubby is very enthusiastic about preserving the
piece or letting it do whatever the artist intended, but she appeared to be the only Council
member interested in this, although there has not been any formal discussion about the
Peninsula and Water Works Park plan among the Council members yet.
(Nagle arrived at 3:45 p.m.)
Wright said she thought it was important to know what the artist wanted for the piece. Hanick
asked why the Committee should get involved with this piece. Franklin explained how the City
acquired the piece and the land on which it is located. She said the City had no legal
responsibility to the piece. Purington said she drove around the site, and explained its formation.
She suggested that the Committee at least look at the piece before making a decision. Hanick
asked if they would also inherit the maintenance and caretaking. Franklin said it is similar to the
Committee receiving a gift, and said they had no policy regarding gifts yet. Wright said she
would help with the issue and trying to find Weir. Committee members decided to evaluate the
piece's history. Fosse said he thought this piece fell into the Committee's mission.
Public Art Advisory Committee Minutes
January 7,1999
Page 2
Franklin said that the Gutheinz fountain, which currently exists in the City Plaza downtown, is
being relocated. She said the designer, Brian Gutheinz, is a landscape architect who was
commissioned by Project GREEN for the fountain. She said the fountain was completed in
1978, and funded through private fundraising in Iowa City. She said she advised the City
Manager that the PAAC should have some advisory action regarding the piece's relocation, and
said that item would be on the February 4 meeting agenda. Purington asked if Gutheinz
designed the brick structure part of the piece. Franklin said yes, but it did not have to be
recreated in the relocation. She said she did not think Gutheinz felt he should have a role in
what happened to it, but he is curious about it.
Hanick said that the Committee would hopefully get a chance to review the recommendation for
the fountain at their February 4 meeting, and further investigate the whereabouts and intent of
the artist that designed the peninsula art piece.
CONSIDFRATION OF ACQUISITION PROCEDURFS:
Galbraith suggested adding the word "may" to the second-to-last sentence in #2 so the new
sentence would read, "Public comment may be invited." Franklin said that for the two sculpture
calls, she was planning to have the Committee look at the calls at this meeting, have the calls
revised if necessary and have a public comment meeting for the calls at the Committee's
February meeting. She said that she put "will" in that sentence because when the Committee
first discussed acquisition procedures, developing the calls was one place that they decided
they wanted public input so people could have the opportunity to "buy into" the concept. She
noted that they took the fast track for the water feature and did not follow that procedure
because they were dealing with a time constraint, but she thought the intent was to follow it in
the future. Hanick said he thought the Committee needed the public comment at that time.
Galbraith agreed.
Galbraith said in #7, it still looked as if there would be two public meetings, one for viewing the
art and one for the comment period, and asked if it would be better for the public to only have to
come to one meeting. She suggested the following steps: (1) PAAC reviews the semi-finalists,
(2) The submittals are on display for three days or a week and the Committee receives written
questions which would be entertained at (3) the artist's presentation which allowed for five
minutes of questions from the Committee, and five minutes of questions from the public with the
written questions asked at the end. Hanick suggested flipping the second and third sentences in
#7.
Wright said some members of the public said they were not comfortable getting up and making
comments in front of the artist. Galbraith said that is where the written comments and questions
would come in. Purington said that she thought members of the public wanted some time to
reflect and have discussion about the art with others in town. Franklin said that people could
submit written comments if they did not want to or could .not attend the second meeting. Wright
suggested adding the sentence, "Written comment be accepted during that period," after the
third sentence in #7. Purington suggested leaving #7 as it was. Fosse suggested replaced the
word "Committee" with "PAAC" in the second-to-last sentence in #7.
MOTION: Purington moved to recommend approval of the acquisition procedures to the City
Council as amended. Fosse seconded the motion. The motion carried by a vote of 6-0.
Public Art Advisory Committee Minutes
January 7, 1999
Page 3
REVIEW OF CALL TO ARTISTS FOR DOWNTOWN SCULPTURFS:
Franklin said that that the Committee should review the project goals and the budget for the call.
The Committee debated and decided on the project objectives of broad appeal, inspires wonder
and delight, visually and mentally stimulating, and timeless.
Franklin said if someone asked her if the sculptures were to be representational or not, she
would say that there is no criteria in that regard. Franklin asked if the Committee wanted to put a
height limitation on the pieces. She said that they will ask for general dimensions of the piece,
meaning its height and weight, and a mounting schematic so they know how the piece would be
anchored. She said semi-finalists would have to have a wind-load analysis done if necessary.
Hanick asked if there were any safety considerations. Fosse said sharp objects at eye-height for
children should be a consideration. Wdght said she thought that was something that common
sense and the panel would determine. Franklin said only the square concrete pad is in place, so
they can accommodate anything that fits within the pad. She said she would make a note of the
safety issue in the second paragraph of the "Background and Site Description" section. Wright
asked if they even needed the public presentations for these two calls since the Committee
would be purchasing finished pieces of art, although the presentations would be a form of arts
education.
Franklin said that there is $25,000 for the budget, and $3,000 of that was kept aside for
installation and administrative costs. She said there was $11,000 available for each piece,
which would include the piece, delivery of the piece, installation of the piece and the artists'
travel for presentation. Purington asked if they even needed semi-finalists if they were just going
to purchase a piece. Wright said that the public would not get to comment if there were not
semi-finalists. She said that the semi-finalists could be asked to make a statement about their
piece instead of coming to present it.
Franklin asked to go back to item #7 of the acquisition procedures and change the word "will" to
"may" so the sentence would read, "The artists may present their work at a public meeting."
Fosse noted that the artist would not be standing next to the sculpture over the years to explain
it. Nagle said he would like the semi-finalists to present their sculptures. Hanick said he would
be content with a written statement. Galbraith suggested bringing the winner in for the unveiling
and to give a presentation explaining the piece.
Fosse suggested placing digital photos of the Plaza on the website and including the web
address on the call. Franklin said that would be fine, and said she was also including photos in
the call.
Purington said on page 2 under #1 of submission requirements, there should only be slides of
three available works sent, with up to three views of each work. Wright said that the sentence
should read, "Each artist must submit up to three available works for consideration and up to
three views of each work on 35 mm slides."
Galbraith asked if they should say that the Committee will pay up to a certain amount for
sculptures to prevent someone from charging $11,000 for a piece that they were previously
selling for around $3,000. Franklin said the price is required on the annotated slide list. Wright
noted that the Committee would have to check references on the issue.
The Committee decided that the semi-finalists would not be required to present their work at a
public meeting, but that they would be required to send a written statement of one paragraph in
length describing the piece. The Committee also decided to not pay an honorarium to semi-
Public Art Advisory Committee Minutes
January 7, 1999
Page 4
finalists. Wright suggested that Franklin include that information in the last sentence of the first
paragraph in the "Selection Process" section.
The Committee decided that the $11,000 would include delivery and installation of the piece,
and the chosen artist will be asked to make a presentation of the piece, and their travel
expenses will be paid with the remaining $3,000. Wright suggested the following sentence for
the first paragraph under "Selection Process": "Following the initial review, 2-3 semi-finalists will
be selected; a statement about each piece will be requested for public review and comment."
Carroll said that they could have photos made from the slides for the public meeting.
Franklin said that she would check on the load that the pads would hold.
Hanick suggested adding a note under #1 of submission requirements that "Additional views or
details may be requested by PAAC." Fosse asked that the artist outline the maintenance
requirements and procedures as part of the "Submission Requirements". Wright suggested
adding "Gallery Representation if any" to the "Submission Requirements" as a way to price
check. Purington suggested taking out the words "two or" in #1 of "Eligibility".
Purington asked how Committee members felt about using the same selection panel they used
for the water feature. Galbraith said she would like to involve more people in the process.
Purington said there could be two selection panels, one for the national call and one for the
Iowa call. Galbraith suggested taking the original panel and putting some on one call and some
on the other so new people can be involved. Franklin said she would put that issue on the next
meeting's agenda. Members discussed removing "professional" from #1 under "Eligibility", but
decided to leave it there. Galbraith noted that the submission deadline in the first paragraph on
the first page should be April 1, 1999. Franklin said that she would have both calls at the
Committee's next meeting and notices will be put out that they will be available for public
comment at that meeting.
COMMITTFF: TIMF/NEW BUSINESS:
Franklin said that the Weatherdance artists are working through the specifications to get them to
the consultant on January 12. She said that she will talk with the artists about whether they
need to come back to the Committee with any substantive design modifications. She said that a
special meeting to consider those changes would be held January 22 at 3:30 p.m. Committee
members said they could attend that special meeting if it would be necessary.
Fosse said he would be gone on February 4, and Hanick said he also had a conflict on that
date. Franklin changed the meeting to February 11, and noted that may change Dennis'
presentation.
Galbraith noted the Greater Iowa City Arts Cultural Alliance is having a forum at the Riverside
Theater about the Community Events Center and arts in education on March 5.
Fosse asked if the word "durability" needed to be included in the sculpture call. Carroll passed
out a brochure with sculptures and art pieces from La Quinta, California's Community Services
Department.
(Wright left at 5:15 p.m.)
Franklin passed out a schedule for construction and installation of the Weatherdance water
feature to Committee members.
Public A~ Adviso~ Committee Minutes
Janua~ 7,1999
Page 5
ADJOURNMFNT:
MOTION: Purington moved to adjoum the meeting. Fosse seconded the motion. The motion
carded by a vote of 5-0, and the meeting was adjourned at 5:17 p.m.
Minutes submitted by Traci Wagner.
ppddir/min/artOlO7.doc
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, NOVEMBER 23, 1998 - 5:30 PM
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Cordell Jeppsen, Betty McKray, Steve Hoch, Cathy
Weingeist, Jim Pusack
STAFF PRESENT:
Drew Shaffer, Dale Helling, Bob Hardy, Andy Matthews,
Keri Stokstad, Mike Brau
OTHERS PRESENT:
Beth Fisher, Miriam Bennett, Mary Jo Langhome, Arlene
Heck, Jon Koebrick, Denis Martel, Greg Thompson
RECOMMENDATIONS TO COUNCIL
None.
SUMMARY OF DISCUSSION
Greg Thompson reported that two new members, Russ Nordman and Tom Nothnagel,
were appointed to the PATV Board of Directors at PATV's annual meeting. There is one
vacancy on the Board. A strong candidate has expressed interest in the position. Kara
Logsden has been hired to replace Barb Black as the Library's AV/Community Services
Director. Heck reported that CSPAN 2 is now being carried on the system. The launch of
the cable modem service, @Home, has been pushed back to the middle of January due to
a new operating standard which will enable modems to be purchased in retail outlets.
Pusack asked if a certain level of bandwidth can be guaranteed for @Home subscribers
and if there are any plans to upgrade the cable system to accommodate @Home if
subscription levels are greater than anticipated. Manel said there is no need to upgrade
the system to accommodate @Home. A certain level of bandwidth will be guaranteed to
each subscriber.
APPROVAL OF MINUTES
It was moved by Hoch, and seconded McKray to approve the October 26, 1998 minutes.
The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Hoch said that he had agreed to write a letter to the editor regarding the McLeod cable
TV franchise agreement. He contacted the Press Citizen and was informed that they
planned to run an editorial urging passage and given the short time frame would unlikely
not run Hoch's letter. For these reasons, Hoch did not write a letter.
SHORT PUBLIC ANNOUNCEMENTS
None.
PATV REPORT
Greg Thompson reported that two new members, Russ Nordman and Tom Nothnagel,
were appointed to the PATV Board of Directors at PATV's annual meeting. There is one
vacancy on the Board. A strong candidate has expressed interest in the position.
LIBRARY REPORT
Fisher reported the Library has received the digital camera purchased, in part, with funds
from the pass-through fee. Kara Logsden has been hired to replace Barb Black as the
AV/Community Services Director. Logsden has been employed at the University of
Iowa Hospital and Clinics patient library. The Community Television Group Outreach
Committee has developed a three-year plan that will be forwarded to the Commission for
their next meeting. The Library Friends Foundation will be hosting a fundraising dinner
at the Iowa Memorial Union ballroom at 7:30 p.m. on January 15, 1999. The theme of
the banquet is the last dinner on the Titanic and participants are urged to dress in period
costume. Tickets are available at the library.
ECCREPORT
Langhorne reported that the sound system in the Board Room is being upgraded. The
video production classes in both high schools are quite active and have expressed interest
in moving to digital editing. A study is underway to review the entire networking
facilities in the school district.
LEGAL REPORT
Matthews reported a letter to McLeod will be sent shortly tying up a few remaining
issues before the franchise is formally signed.
TCI REPORT
Heck reported that CSPAN 2 is now being carried on the system. Those channels that
have been carded on a pan-time basis are now also being carded full-time in Iowa City in
channels numbered above 38. Those channels are also carried on a pan-time basis so
viewers in the areas of Coralville where the system has not been rebuilt can view those
channels. The launch of the cable modem service, @Home, has been pushed back to the
middle of January due to a new operating standard which will enable modems to be
purchased in retail outlets. Pusack asked if a certain level of bandwidth can be
guaranteed for @Home subscribers and if there are any plans in upgrading the cable
system to accommodate @Home if subscription levels are greater than anticipated.
Manel said there is no need to upgrade the system to accommodate @Home. A certain
level of bandwidth will be guaranteed to each subscriber. If the server is unable to meet
the demand, then additional servers will be added. In fact, ten megabytes can be
guaranteed if the subscriber is willing to pay for it. Hoch asked when the Press Citizen
plans to carry program listings reflecting the channel lineup of the rebuilt system. Heck
said she was contacted by the Press Citizen for information on the lineup. Brau reported
he was contacted by the Press Citizen and was informed that all channels will be listed
sometime in the middle of December.
SENIOR CENTER REPORT
Bennett reported two new volunteers have been recruited. A work-study student has also
been hired. A new portable switcher has been purchased with pass-through funds that
will enable multi-camera shoots. Several studio shoots are planned using PATV's
facilities. This will provide SCTV volunteers experience in studio productions.
McLEOD REPORT
No representative from McLeod was present. Hoch asked if it could be communicated
to McLeod the benefit the Commission gains from McLeod's attendance. Matthews said
they had been informed they are welcome to attend the meetings and will more strongly
urge them to do so in the future.
CABLE TV DIVISION REPORT
Shaffer noted that the next scheduled Commission meeting is December 28 and inquired
if that time would conflict with members holiday schedules. McKray moved and Hoch
seconded a motion to cancel the December 28, 1998 meeting. The motion passed
unanimously. Shaffer reported that TCI's Proof of Performance report has been sent to
Rice, Williams and will be forwarded to the Commission. Regarding the City Cable TV
Office budget Pusack asked about the $5,000 listed as a land purchase. Helling said that
item is a carry-over from the last fiscal year and represents the deposit on the Welt-
Ambrisco building which the City Cable TV Office and PATV considered purchasing.
That money will be returned. Hoch asked about the increase in wages. Shaffer said pan
of this is due to a change to permanent status for Brau. Shaffer noted that about $24,000
is also being spent out of the equipment reserve fund. Withdrawing those funds is shown
on the budget as additional revenue. Work is continuing on the education and advocacy
role the Commission might play in regards to the public fight-of-way/telecommunications
ordinance. Shaffer reported receiving six complaints-four regarding not receiving the
additional channels as outlined in Weingeist's letter to the editor published in the Press
Citizen, one about audio problems, and one about not being able to receive service.
Hardy thanked the education channel for allowing the government channel to cablecast
the election results on channel 11 as government channel 4 was cablecasting the City
Council meeting live. Hardy also thanked TCI for their assistance in facilitating the
cablecasting of the election results. Hardy referred to the list of Community Television
Service (CTS) programs completed and the cablecast dates and channels. The CTS has
consistently produced a great deal of local programs. Hoch asked if programming is
provided free of charge to North Liberty. Shaffer said the programming has been
provided at no charge, but the issue has being discussed with North Liberty and
Coralville officials and North Liberty is willing to contribute to the overhead costs.
McKray said that Mature Focus, a program produced by Senior Center TV is being
provided to North Liberty. Stokstad thanked PATV and the Library for loaning their
equipment while the government channel's editing equipment was down.
ATT/TCI MERGER
Shaffer referred to the memo included in the packet regarding the transfer. The deadline
for approving the transfer is January 1, 1999. Jeppsen asked about the Xpress/Xchange
service to be provided to the schools as specified in the franchise. Heck said that
Xpress/Xchange service went bankrupt and it is TCI's intention to provide a cable
modem connection to each school and the public library. Pusack asked about coverage of
the School Board meetings. Langhorne said all meetings are carried live but public
hearings. Strategy II meetings are generally not cablecast due to personnel concems. In
addition, some of those hearings are not held in the school system's ofigination point, the
Board Room. Pusack asked if the education channel might collaborate with some of the
other local access providers to assist in productions. Pusack said the local access
facilities exist, in pan, so the public can view such proceedings. The schools should
make a stronger effort to get meetings such as Strategy II cablecast. Langhorne said that
the Strategy II meeting structures have been generally informal. Langhome said she will
look into cablecasting future meetings. Stokstad said the Community Television Service
is available for production assistance.
ADJOURNMENT
It was moved by Hoch, seconded by Pusack to adjourn. The motion passed unanimously.
Adjournment was at 6:12 P.M.
Respectfully submitted,
Cable TV Administrator
POLICE CITIZENS REVIEW BOARD
MINUTES -January 19, 1999
Lobby Conference Room
CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M.
AI'!"ENDANCE
CONSENT
CALENDAR
Board members present: L. Cohen, P. Farrant, P. Hoffey,
M, Raymond, and J. Watson. Staff present: Legal
Counsel D. Russell and administrative assistant S. Bauer.
Motion by P. Hoffey and seconded by M. Raymond to
adopt the Consent Calendar. Motion carried, 5/0, all
members present.
RECOMMENDATION TO COUNCIL None
MEETING
WITH COUNCIL
Chair advised that the City Council is having an informal
meeting on 1/29/99, 7:30-9:30 A.M. for the purpose of
PCRB issues. Discussion followed whether Board
members would attend; most members are considering
attending. Chair will attend as spokesperson, if needed.
The Board decided to cancel the meeting scheduled for
January 20 with the City Attorney. Legal Counsel was
directed to contact the City Attorney.
MEETING
SCHEDULE
P. Hoffey distributed "Possible Agenda Items to Put
Before the City Council." Discussion followed. Hoffey
directed the Board to come to the next meetings with
responsive comments and priorities. Board members
agreed that a position statement should be developed for
the meeting of February 11, 1999. It was also
suggested that the Board submit written comments to
the Council in their February 5 agenda packet.
· Special Meeting January 26, 1999, 7:00 P.M.
· Special Meeting February 2, 1999, 7:00 P.M.
· Regular Meeting February 9, 1999, 7:00 P.M.
2
· Meeting with City Council February 11, 1999,
5:00-7:00 P.M.
· PCRB Priority-Setting Meeting, March 2, 1999
· Community Forum at Broadway Neighborhood Center
- to be determined
PUBLIC DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
None
P. Farrant and J. Watson distributed various articles.
D. Russell reported he was invited by Brian DeBoer of the
Coralville Police Department, to give a 4*~ amendment
presentation to the Citizens Police Academy in February.
Citing a conflict of interest in regard to the complaint
listed on the agenda, Chair L. Cohen recused herself at
7:35 P.M.
Vice Chair J. Watson presiding.
Motion by M. Raymond and seconded by P. Hoffey 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, and 22.7(5) police
officer investigative reports, except where disclosure is
authorized elsewhere in the Code. Motion carried, 4/0,
Cohen absent. Meeting adjourned at 7:36 P.M.
Regular meeting resumed at 8:20 P.M.
Motion by P. Farrant and seconded by M. Raymond to
review PCRB #98-19 at level 8-8-7B.1 (d) and (e) as
outlined in the Ordinance. Motion carried, 4/0, Cohen
absent.
ADJOURNMENT
Motion for adjournment by P. Farrant and seconded by P.
Hoffey. Motion carried, 4/0, Cohen absent. Meeting
adjourned at 8:25 P.M.