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HomeMy WebLinkAbout1999-02-09 Bd Comm minutesMINUTES HOUSING & COMMUNITY DEVELOPMENT COMMISSION CIVIC CENTER -- LOBBY CONFERENCE ROOM THURSDAY, DECEMBER 17, 1998- 6:30 PM MEMBERS PRESENT: Dan Coleman, Bob Elliott, Denita Gadson, Rick House, Jayne Moraski, Lucia-Mai Page, Kathleen Renquist, Gretchen Schmuch MEMBERS ABSENT: Bill Stewart STAFF PRESENT: Maurice Head, Steve Long, Maggie Grosvenor CALL TO ORDER & APPROVAL OF THE MINUTES FROM NOVEMBER 19, 1998: Chairperson Schmuch called the meeting to order at 6:30 p.m. MOTION: Coleman moved to approve the November 19, 1998, meeting minutes as submitted. Elliott seconded the motion. The motion carded by a vote of 7-0. PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA: There was none. IOWA CITY HOUSING AUTHORITY UPDATE: Grosvenor said that she planned to have the Admissions and Occupancy Report ready to distribute, but it is not finished yet. She passed out copies of the Affordable Dream Housing Program poster. She said that they have a house on 2755 Irving Street ready, but they don't have a buyer yet partly due to the income guidelines. She said they have had four applicants barely under the 80% of median income guidelines, one applicant whose debt load was too high and another applicant who did not need their assistance. Long said the sale pdce of the home is $107,900. Grosvenor passed out copies of quick facts about the program and floor plans of the house. Grosvenor said their occupancy levels were as follows: 86% for Section 8 with about 380 people in vadous stages of eligibility and 76 of those are out looking for apartments. She said there are 629 people on the waiting list. She then referred to the memo regarding the HUD Section 8 grant awards the Housing Authority recently received. (Gadson arrived at 6:37 p.m.) Elliott asked how long the Family Unification Program had been in operation and if it was effective because he thought it was a wonderful idea. Grosvenor said it has been operating for three years, but she did not have any statistics from the program. Grosvenor said that Carol Flynn is retiring from the Housing Authority after 20 years of service, and they will be hiring two new people. She said each worker's current caseload is about 150- 175 cases and with 200 more certificates and vouchers they need another position. Renquist thanked Grosvenor for all the work she had done with the grants and meeting presentations. Housing & Community Development Commission December 17, 1998 Page 2 REVIEW OF THE FY00 ALLOCATION PROCESS: Long went over the changes on the non-housing applications, which were adding an e-mail address on the page 1, adding the sentence "Please specify the applicable priodty need and priority need level, as shown on pages 74-76 in CITY STEPS," to #8 on page 2, leaving blanks for those two items at the bottom of ~8 on page 2, adding the questions "If partial funds are awards, will the project/program continue?" and "If yes, at what level?" to #12 on page 4, adding the budget breakdown prioritization under #14 on page 4 and adding the question about property taxes for #17 on page 5. He said that the application would be available for mailing and on the City website tomorrow if no changes were made at this meeting. He said the housing application basically had the same changes, and he went over those on the application. Long noted the changes to the rankings sheet. Coleman said they did not discuss the concept of the affordability period being in excess of the CDBG/HOME requirements. He said he thought that was a good point and asked if members thought it should be included on the rankings sheet under the impact/benefit section. Schmuch noted that that would only affect housing-related projects. Moraski said that is something for everyone to keep in mind when ranking the application. Schmuch said she thought that fit under "Project produces adequate benefits to the community related to cost?" question in that section. Long said that Elliott and Page could meet with him to go through a dry run of the scoring and allocation process. Long asked if any members had conflicts with the proposed timeline. Renquist said she had a conflict for March 25, so the allocating meeting was changed to March 24. Moraski said she could not meet at the times in May. Renquist said she would not be available April 5-6. Gadson asked if anyone was interested in changing the regular monthly meeting day. The Commission decided to keep Thursdays as the regular monthly meeting day. MONITORING REPORTS: DVIP - Furniture Project (Moraski) Moraski said she was not done with the report. Elderly Services Agency - Aid to Agencies (Gadson) Gadson said she spoke with Jean Mann, and from July to September ESA assisted 10 households costing a total of $3227.31. She said that they sewed 12 low income individuals with the following demographic breakdowns: 10 white, 2 African-Americans, 5 female heads of households, 11 elderly homeowners and 9 disabled individuals. Neighborhood Centers of Johnson County (Renquist) Renquist said she was not done with the report. Swenson & Associates (Elliott) Elliott said he spoke with Liz Swenson who said that the land and the building permits had been acquired, and they expect to begin construction in January. Long said the project is building single-family affordable housing. He said Swenson purchased lots in the Southpoint subdivision. Housing & Community Development Commission December 17, 1998 Page 3 Mid-Eastern Council on Chemical Abuse - Aid to Agencies (Page) Page said she spoke with Art Schutt from MECCA. He said they have treated about 2,500 patients. He said in July 1998, they suffered a 4.2% cut from state/federal dollars to treat indigent patients and compensated by cutting money from other programs and services they provide, but they hope to have that funding restored by July 1999. He said that their ceiling collapsed due to water damage so that had to be repaired. Some of their new programs include expanding prevention programs in the schools, a special treatment program for women and children, case management and outreach. Depending on funding, MECCA would like to upgrade their computer system and fix their parking lot next year. Long explained the Aid to Agencies funding process to the new Commission members. OLD BUSINESS: Combination Mortgage and Rehabilitation Program Update Long. said he met with five of the eight Iowa City lenders on December 2. He said that they had many positive comments about the program, and they have decided to go ahead with it. A subcommittee was formed to further define the program rules and to develop a brochure. HUD Consultation Visit Head said during their recent Iowa City visit,' the HUD representatives discussed broad issues regarding City development, the Housing Authodty's five-year plan, the next consolidated plan (City STEPS), equity conversion, employer-assisted housing and regional housing issues. He said they talked about forming a HOME consortium that would include the County as part of the HOME allocations for Iowa City. Staff is going to explore this idea by meeting with County staff to look at the bigger picture and the County's housing needs. Moraski asked that the Commission to be kept abreast with the County HOME funds issue. Head said that ECICOG is doing needs assessments for all the small towns in Johnson County, and staff will meet with them in January to get that information. Brownfields Application Update Long said that Iowa City did not receive the grant. Head said that the grant funds went to larger Midwestera cities such as Kansas City and St. Louis. NEW BUSINESS: Therewas none. ADJOURNMENT: MOTION: Elliott moved to adjourn the meeting. Moraski seconded the motion. The motion carded by a vote of 8-0, and the meeting was adjourned at 7:25 p.m. Minutes submitted by Traci Wagner. ppdcdbg\mins',HCDC1217.doc MINUTES IOWA CITY BOARD OF ADJUSTMENT JANUARY 13, 1999 CIVIC CENTER COUNCIL CHAMBERS i PRELIMINARy; :.[Sulljec to ,a;provi_Z_j MEMBERS PRESENT: Susan Bender, Kate Corcoran, Mike Paul MEMBERS ABSENT: T. J. Brandt, Lowell Brandt STAFF PRESENT: Dennis Mitchell, John Yapp, Anne Schulte OTHERS PRESENT: Mark Donnelly, John Rummelhart, Sanjay Jani CALLTO ORDER: Chairperson Bender called the meeting to order at 5:05 p.m. ROLL CALL: Bender, Corcoran, and Paul were present for roll call. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON: Bender said, given the fact that this was a bare bones board and only three of the five members, she would entertain a motion to defer this item to the next regular meeting. MOTION: Corcoran moved to defer consideration of candidates and election of a chairperson and vice-chairperson to the February 10, 1999 meeting of the Board of Adjustment. Paul seconded the motion. The motion carried on a vote of 3-0. CONSIDERATION OF THE NOVEMBER 18, 1998 AND DECEMBER 9, 1998 BOARD MINUTES: Bender said in consideration of the fact that there was not a quorum of people who were in attendance who were also at the November and December meetings, she would entertain a motion to defer consideration of the minutes for those meetings. MOTION: Corcoran moved to defer consideration of the November 18, 1998 and December 9, 1998 minutes for the Board of Adjustment meetings to February 10, 1999. Paul seconded the motion. The motion carried on a vote of 3-0. SPECIAL EXCEPTION ITEMS: Bender explained the procedure for the Board of A;djustment's consideration of special exception items for those attending the hearing. EXC98-0028. Discussion of an application submitted by Mark and Tamie Donnelly for a special exception to permit a front yard reduction for property in the Medium Density Single-Family Residential (RS-8) zone at 619 North Governor. Board of Adjustment January 13, 1998 Page 2 Yapp showed the property on an overhead map. He stated that it fronts on Governor Street across the street from Oakdale cemetery and is located north of the alley in between Church Street and Ronalds Street. Yapp said the house currently sits approximately six feet from the Governor Street right-of-way and approximately three feet off of the alleyway, and has a detached garage. He said the applicant is proposing to, in combination with a rehabilitation and reconstruction of the foundation and improvements to the rest of the house, move the house three feet to the north, which would allow him to use the old foundation as a retaining wall while he is building the new foundation. Yapp said the applicant also proposes to extend the porch to wrap around to the north side of the house. He said currently the porch is only on the front of the house. Yapp said that in the future, the applicant plans to demolish the detached garage and construct an attached garage, which would also be accessed off the alley. Yapp said the house would still remain six feet from the Governor Street right-of-way. He said the modern setback requirement is 20 feet for a front yard and five feet for a side yard. Yapp stated that the house would be moved out of the side yard setback but would still encroach 14 feet into the 20-foot front yard setback requirement. Yapp said there were some elevation plans for the house in the Board packet, but there were no construction plans or elevation plans for the garage, because Mr. Donnelly intends to construct that in the future, as financing permits. Yapp said staff therefore suggests that if the Board is inclined to approve the front yard setback reduction, it be subject to the exterior appearance of the garage being compatible with the Northside and Goosetown Neighborhoods as is stated in the application, and those designs would need to be approved by planning staff at the time the applicant is ready to construct the garage. Yapp stated that the Board may grant a modification to the front yard requirement when the property owner demonstrates that the situation is peculiar to the property in question, and there is difficulty complying with the dimensional requirements of the zoning chapter. He said that in this case, the practical difficulties are that the house currently sits six feet off the right-of-way, and there would be practical difficulty in moving the entire house fourteen feet to the west to meet the modern setback requirement. Yapp said utilities would need to be extended and then reattached, a new basement would need to be excavated and the old one filled, and only a smaller garage could be constructed at the rear of the house. Yapp said this front yard setback does constitute an approximate 30% reduction in the front yard, and this is a moderate reduction in the front yard setback. He said that because this is an improvement over the current situation and is associated with overall investment in the property, staff feels that it is justified. Yapp said this proposal would not increase population density and should not be a substantial change to the neighborhood. He said the only alternatives to the exception are to comply with the setback requirement and move the house 14 feet to the west or to leave the house exactly where it sits. Yapp said that if the house does not move, it could remain as a non-conforming use. He said the applicant then would not be able to do the wrap- around porch either, because in order to be a non-conforming use, the applicant would need to keep the exact same footprint. Yapp said that, because the house already sits within six feet of Governor Street, there will be an investment in property and the neighborhood, and neighboring properties should not be negatively affected or have any property rights taken from them, staff feels this exception would Board of Adjustment January 13, 1998 Page 3 be appropriate. He said staff suggests that if the Board is inclined to approve this, it be subject to Department of Planning and Community Development approval of the exterior appearance of the attached garage being compatible with the Northside and Goosetown Neighborhoods prior to a building permit being issued, if the Board is concerned about the appearance of the garage. Public hearing: Mark Donnelly, 619 North Governor, said he is the applicant and was available to answer any questions the Board might have. Corcoran said Yapp had stated that this would be a non- conforming use if it basically stayed the same, meaning the house would not be moved. She asked if he were replacing the foundation because the current foundation is in bad shape. Donnelly responded that it is in very bad shape. Corcoran asked if it is a cement block foundation. Donnelly said it is a half-cement and half of the old limestone mortar type. Corcoran asked how old the house is, and Donnelly replied that he thought it was built in 1916. Donnelly thanked Yapp for all the help he had provided. John Rummelhart, 1423 Waterfront Drive, said he attends these meetings every once in a while although he is on the outside on this particular issue. He said that in the scheme of things and being interested in how the City continues to develop, he was curious about the additional wording to be included on the future garage. Rummelhart asked if there are any current guidelines or stipulations for the Goosetown look that Donnelly would have to be abiding by. Yapp said there are no adopted criteria. Rummelhart asked if it were an historic district. Yapp responded that it is not. Rummelhart asked if there are any other limitations in that area for if there were a lot or a house burnt down or someone plowed a building down, when they rebuild. Yapp said there were not, as far as the appearance of it. Rummelhart said staff is wanting to put that stipulation on Donnelly. Yapp said the reason staff is recommending that is because the size of the garage near the house is only possible with a pretty substantial reduction in the front yard setback. He said that is the relationship to wanting to make sure that it is compatible. Yapp said that in any other part of the City, with this size of a lot with a regular 20-foot setback, one would not be able to construct a garage of that size. Rummelhart said it looks like Donnelly is putting a substantial amount of money in this in the near term, if this would go through, and he will have a sizable investment in the property. Rummelhart said to the Board that a private individual who is taking the time and effort to go through the right hoops in the correct way and spending large sums of money doing what he is looking at trying to do, down the road, when the garage will get, might get, might never get built, the individual who owned that property will most likely have it be compatible with what is already there and what he is doing in the short term. Rummelhart said he did not think the City needed to dig its claws in any deeper. He said Donnelly is a big boy who knows what he is going to do; he is not going to ruin his lot. Rummelhart said there is a certain point where logic and common sense come into some issues, and he believes this is one where that particular language doesn't need to be there. Public hearing closed. Corcoran said this addendum to the recommendation to the Board by staff is talking about the approval of the exterior appearance. She said it is not talking about the size of the garage. Corcoran asked what the exterior appearance included and whether it would include things such as the number of windows or the color or the shape of the roof. Yapp said staff got that language from Donnelly's application - that the garage would be compatible with the Northside Board of Adjustment January 13, 1998 Page 4 and Goosetown Neighborhoods. Yapp said it would include things like the types of materials used on the exterior but would not necessarily include things like number of windows or number of doors, but more just the visual appearance of the garage. Corcoran asked if it is really the shape or the design of it. She said she supposed a garage is a garage and is usually a rectangle. Yapp said that the application describes a fiat roofed garage with a deck off of the second floor of the house. Donnelly said there would be a room above the garage. He said he has a two-story house now, and it would be a fiat roof on top of the roof, where you would walk out the second floor onto a fiat roof. Yapp said there is a narrative of what the appearance of the garage will be, in the application, but staff would suggest that that language be inserted into the Board's decision because there are no actual plans provided for the garage. Bender said she did not have any problem with that language. She said she appreciated Rummelhart's comments, adding that he is familiar to the Board, and she understood that he certainly had some expertise in this area. Bender said that unfortunately what the Board has to do is look out and apply standards equally to everyone, and not everyone is as knowledgeable and as forthcoming as Rummelhart and perhaps Donnelly. She said the Board has to have some assurance, particularly in older neighborhoods where we are minding the P's and Q's, that people aren't going to go off the wall. Bender said she was not suggesting that anyone would do that, but that is the job of this Board and staff to preclude those things form happening. She said she did not think anyone wanted to really get in anyone's business necessarily, and she did not think it was an issue that no one trusts the applicant. Bender said she thought it is just a matter of oversight that is really not atypical when there are not specs and things in front of the Board. MOTION: Corcoran moved that the Board of Adjustment approve EXC98-0028, an application submitted by Mark and Tamie Donnelly for a special exception to permit a front yard reduction of 14 feet along the 32-foot width of the proposed house and porch for property in the Medium Density Single-Family Residential (RS-8) zone at 619 North Governor, subject to the Department of Planning and Community Development approval of the exterior appearance of the attached garage being compatible with Northside and Goosetown Neighborhoods prior to a building permit being issued. Paul seconded the motion. Corcoran said she intended to vote in favor of this special exception, because she thought the standards were met. She said this Board has the authority to grant a special exception when the applicant can show that the need for that special exception is peculiar to the particular property and there is a practical difficulty in complying with the dimensional requirements of the zoning code. Corcoran said she thought that that is met in this case. She said this property is already six feet from Governor Street, which is a pretty wide street, being 80 feet wide. Corcoran stated that from the report and from looking at the property, it does not seem like there will be any health or safety problems with the house remaining six feet from the right-of-way and having this exception for the 14 feet reduction in the setback. She said it seems like an unreasonable thing to think that this house would be moved 14 feet to the west; that doesn't really seem feasible with the attendant costs of hooking up whole new plumbing and wiring and of course that would then have drastic implications for the proposed garage. Corcoran said that at the same time, the applicant's willingness to move the house and pay for that and build the new foundation so that it is conforming from the alley is something good. She said she thought the applicant had demonstrated at least to her satisfaction that this special exception is warranted in this case and the standards are met. Board of Adjustment Janua~ 13,1998 Page 5 Paul said he too was in favor of this special exception and would like to echo his fellow Board member's comments as well as applaud the initiative of Donnelly to undertake this project to improve the property. He wished Donnelly a great amount of luck with this and thanked him for working so well with City staff on this project. Paul said he looked forward to seeing the results of this. Bender said she concurred. She said she did not have much to add, except that the Board looks at standards like how this will affect the neighborhood in terms of, one thing in particular in these older neighborhoods is population density, and parking and use of municipal facilities. Bender said that this of course is staying a single-family residence so really does not at all impact population density or affect the neighbors in that way. She said she thought it would certainly be an asset to the Northside Neighborhood to have another home that is being restored and updated. Bender said she agreed that there really is not a practical, reasonable, feasible alternative for the applicant, so she too would support the special exception. The motion carried on a vote of 3-0. EXC98-0029. Discussion of an application submitted by Mukunda Kantamneni for an amendment to a March 12, 1997 Board of Adjustment decision granting a special exception for an auto and truck oriented use located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive. Yapp showed a map of the area and pointed out the two portions of Waterfront Drive coming from Gilbert Street and connecting to Stevens Ddve. He stated that a number of years ago the City vacated the middle portion of Waterfront Drive because as traffic lined up from Gilbert Street and to Highway Six, it often blocked Waterfront Drive in that location. Yapp said staff was seeing a higher and higher accident rate from traffic turning into and out of Waterfront Ddve and found that there was a lot of traffic cutting through Waterfront Drive to reach the commercial areas. He said the rationale behind vacating the middle portion of Waterfront Drive was to eliminate cut-through traffic on Waterfront Drive, and reduce the accident rate where Waterfront Drive intersects with Gilbert Street. Yapp said that when this use approached the City to get a special exception for an auto- oriented use, in this case a muffler shop, one of the conditions was that a curb be incorporated into the southern end of the site to prevent vehicular access from the south. He said the rationale behind that was to prevent this property, which partially occupies the vacated Waterfront Drive, from becoming a cut-through route between the two halves of Waterfront Drive, which would be contrary to what the City was trying to do when it vacated Waterfront Drive to begin with. Yapp said the applicant is close to having a site plan done now. He said that in looking at the site, instead of blocking off traffic from the south with a six-inch curb, the applicant is proposing a speed bump and gate in the middle of the site to eliminate any cut-through traffic. Yapp said the applicant would like to have access to the site from both the north and the south portions of Waterfront Drive for a few reasons. He said it gives the site better access so that, for example, travelers on Highway Six traveling to the east see the property and then can reach the site from the south via Boyrum Street. Yapp said that drivers on Gilbert Street can reach the site from the north portion of Waterfront Drive. Yapp said the positive thing for overall traffic circulation is that traffic is then disbursed, can reach the site from two directions instead of being concentrated on Board of Adjustment Janua~ 13,1998 Page 6 one access point. In general, it is always good to have more than one access for emergency vehicles or service vehicles. Yapp said staff was concerned with how the gate would operate and whether there is a chance of this becoming a cut-through route in five or ten years in the future. He said the applicant does have legal papers that state that the applicant must leave the gate closed except for employees moving cars back and forth on the site. Mitchell said legal staff has agreed upon the language in the papers. Yapp said that if the gate does become a problem, the City would have the ability to, in the future after some warnings giving the property owner time to rectify the situation, put up a barricade at the south end of the site. He said staff does not expect that traffic will become a problem. Yapp said staff does find this to be a reasonable request to delete the condition that there be a six-inch curb at the southern end of the site to restrict access from the south and suggest that it be replaced with the following language, "that a physical traffic barrier is required to prevent the property from becoming an access between the two portions of Waterfront Ddve." He said staff feels this allows some flexibility in what kind of physical barrier that is, and the reason staff would not recommend spelling out that it be a gate in this case is that looking in the future, if this property changes hands, the language "physical traffic barrier", allows some flexibility into what kind of barrier might be appropriate at the time. Yapp said the legal papers for this use specify that it will be a six-inch curb, six-inch speed bump and gate, or a combination of a curb, a speed bump, and a gate. Public hearing: Sanlay Jani. 341 East College Street, said he is an architect and was speaking on behalf of his client. Jani said Yapp had explained what is going on regarding the property. Jani showed a drawing to make it more clear what the layout of the property is. He said the City originally had recommended a curb of six inches on the southern side. Jani said he feels that if the curb is moved essentially a little bit further to the north, the client will have an option to have access from the other side too and that way people could park cars over there from both sides, from Gilbert Street and also people who are coming from Hy-Vee would have access to the site. Jani said that way there are chances of disbursing any traffic coming to the site also, and that will certainly improve things for the client to have an option of coming from north and south, both directions of the site. Jani said he feels that designing a secure gate of some sort and a curb will stop people using the site as a shortcut. He said he doesn't want that to happen anyway and did not think Car-X or the client want to see that happen either. Jani said they will have their clients' cars parked in there, and they don't want people going back and forth from the site. He said minimum traffic would be the best thing for the clients. Jani said he thinks it would be a good improvement for the site if that happens. Corcoran asked how a driver gets into the site. Yapp showed Gilbert Street on the map. He said a driver would turn in on Waterfront Drive or come in from Stevens Drive to the south where the Hy-Vee property is. Jani said you would pass the Carlos O'Kelly's property to get to the site. Paul asked if the only potential shortcut were through the applicant's parking lot and/or Carlos O'Kelly's parking lot. Jani said to go from one side of Waterfront to the other, the only shortcut would be through the applicanrs property. He said that essentially that is the way it was to start Board of Adjustment January 13, 1998 Page 7 with, but since the property is there and they are putting a curb there, they are not allowing anybody to go back and forth. John Rummelhart, 1423 Waterfront Drive, said he is part owner of the existing property. He said that Mukunda, Car-X, and Sanjay have worked pretty hard getting this put together. Rummelhart said that with this proposal with the gate, it is great to see that it looks like an excellent compromise for both parties, and there are some benefits to both parties. He said this would really help Car-X out on their access issue, which has really been a sticking point all along. Rummelhart it looks like they can live with this. He said this would be good for the site in the long term and would still keep traffic from spinning through there, and he hoped it would go through. Rummelhart said he would answer any questions the Board might have. Public discussion closed. MOTION: Corcoran moved that the Board approve EXC98-0029 to delete condition number four of EXC97-0003, a special exception to permit an auto and truck oriented use for property located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive and replace it with the following: "A physical traffic barrier is required to prevent the property from becoming an access between the two portions of Waterfront Drive," subject to staff approval of associated legal papers that are tied to the special exception request. Paul seconded the motion. Corcoran said she would vote in favor of this and remembered when the Board first considered this. She said that as the report points out, the CC-2 zone is intended to provide for major business districts to serve a significant segment of the total community population. Corcoran said the use and visage for this property, the muffler shop, seems like an appropriate one and a good one, and this is an irregularly shaped piece of property. She said that when she looked at the site, she was trying to figure out where this building was going to go; she said the last time the Board did this item, there was a picture of the building but she had kind of forgotten where it was going to go. Corcoran stated that requiring a six-inch curb does seem like an appropriate thing to do and that and a gate will alleviate any concerns about having a pass through here because this is kind of an intense area here, especially off of Gilbert Street. She said this is pretty straightforward. Corcoran said she believes that this modification is not unreasonable and that it is appropriate and proper and will enhance the property, and she would vote in favor of it. Paul said he was also in favor of this exception. He said that not having had the background of the other Board members with the project, when he visited the site, he was trying to figure out where this was going to be himself. Paul said he did not see this as being detrimental or a hardship to any surrounding businesses. He said this is something where one can draw from the significant amount of traffic generated on both the Highway Six bypass and Gilbert Street, with the traffic load on Gilbert Street on a daily basis, but to be able to draw from both ends is reasonable, given what that traffic flow is and how we want to try to accommodate that at the same time and not cause any undue blockage or detriment to that traffic flow. He said that now that he understood the project, where it is going to be and what the requirements are, he too is in favor. Bender said she concurred with her colleagues. She referred to the standards, many of which are the same as what was just discussed. Bender said number one is safety, and she believed this is a good compromise because she thought it should be. She congratulated the City on trying to eliminate some of the vehicular traffic through there. Bender said she thinks that is Board of Adjustment Janua~ 13,1998 Page 8 appropriate but also believes that when we look at safety, we also want the property owners to be able to have good access for emergency vehicles and those types of things, so this makes sense to her. She said this is right and is a good compromise and will do positive things for both the applicant and for the City and vehicular traffic in that area. Bender said she had some concern from a practical standpoint for the applicant about the gate and how it will remain closed and some of those issues and was sure the applicant had some concern about that as well. She said she felt better knowing that some of that would be reflected in the legal papers and that City staff is going to sign off on that. Bender said she just thought that from a practical standpoint, that might be a little sticking point, but she was certainly willing to give it the benefit of the doubt and certainly believes this is an appropriate use in the CCo2 zone, as was already established when the Board heard the case prior. She said this is certainly a reasonable request, and she would vote in favor of it. The motion carried on a vote of 3-0. BOARD OF ADJUSTMENT INFORMATION: Yapp said a luncheon is planned for Bill Haige, the outgoing Board member, on February 10, 1999 at noon at Jimmy's Bistro. ADJOURNMENT: MOTION: Adjournment was moved by Corcoran and seconded by Paul. The meeting ended at 5:50 p.m. Susan Bender, Chairperson John Yapp, Secretary Minutes submitted by Anne Schulte ppdadmin\mins~boa l -13. doc MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION THURSDAY, JANUARY 14, 1999 -5:30 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER ubject to'-- MEMBERS PRESENT: Lars Anderson, Mike Gunn, Doris Malkmus, Mark Mills, Linda Shope, Michaelanne Widness MEMBERS ABSENT: Trudy Day, Frank Gersh, Betty Kelly, Pam Michaud, STAFF PRESENT: Scott Kugler CALL TO ORDER: Chairperson Malkmus called the meeting to order at 5:41 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Malkmus asked the Commission members who spoke before the City Council on the building code amendment, the Harmon Building and the budget to briefly discuss what happened at those meetings. Gunn said he spoke on the building code amendment. He said there was some opposition to the amendment from the public, and the Council made a slight amendment to the wording to clarify a repairs issue. He said there were questions raised about replacement windows in historic districts, and he discussed the issue about what the Commission is doing about the guidelines. Widness said she spoke on the Harmon Building. She said that she tried to set the record straight about the process by reviewing it because she thought it had been misrepresented in the newspaper. She said she made a brief pitch to the City for the underwriting of a downtown survey, and it appeared that the Council recognized the inherent conflict in allowing the development of the downtown to go forward without knowing exactly where the historic resources that they would like to preserve are located. She said that she felt they were receptive to the idea. Anderson said that he spoke to the Council about the Commission's budget request. He said the two items he told them that the Commission was interested in were an increase in staff time from a ¼ time to a ¼ time position, and funding for a downtown survey. He said they were noncommittal about the staff position increase, but they did seem fairly positive about a downtown survey. He said that Councilperson Dean Thornberry expressed some concerns about restrictions on building in the downtown and about historic designation in general. Anderson said Thornberry said he wanted to protect the people who get .put into a historic district that do not want to be there. Anderson said that he told the Council that $15,000- $20,000 was a general estimate for the project, and that he thought the Commission could expect some funding. He said that Councilperson Dee Norton also asked Anderson if the Commission would be looking for funding for updating the brochure, so the Council might be receptive to that. Historic Prese~ation Commission Janua~ 14,1999 Page 2 DISCUSSION OF COMMISSION PROCEDURES AND GUIDELINES. BYLAWS AND ORDINANCE: Anderson handed out a memorandum regarding possible revisions to Commission Procedures and Guidelines and some information on issues related to the right of appeal. Malkmus noted the bi-monthly meeting proposal with the second meeting to be used strictly for Certificates of Appropriateness reviews. She said language similar to this would be added to the Commission's guidelines. Anderson read over the notification/appeals handout. He noted that the review standard for the Commission's action would still be arbitrary and capricious. Mills noted that the Commission could try to avoid some of the more frivolous appeals by charging an administrative fee for the appeal. Kugler said there is a similar fee for the Board of Adjustment review of an appeal of a staff decision. Mills said that could be an option if this is implemented and frivolous appeals start popping up before the Commission. Anderson noted that some applicants receive a Certificate of No Material Effect, and asked how that would effect the appeal process. Kugler said that they could make a list of specific things that would receive a Certificate of No Material Effect, such as reroofing a building that contains more than three dwelling units and the reapplication of existing wood siding with wood siding. Kugler said he would check the ones that the Commission has issued to see wl~at the circumstances were. Anderson read from the Commission ordinance review regarding the Certificates of No Material Effect and noted the included suggestions. Kugler asked how notification would be handled for the Commission's second monthly meeting. Anderson said that the Commission should do it the same way every time. Malkmus said she thought a sign should be posted on the property regarding the owner's Certificate application and they should only mail notification of the right of appeal to the abutting property owners. Kugler said that the Certificates of No Material Effect would be issued by Kugler and the Commission Chairperson or a designee. Anderson suggested having the Certificate applications due 10 working days before the Commission's meeting and having the mailed notice go out six working days before the Commission's meeting. He said that would give the Commission four working days to decide if they wanted to issue a Certificate of No Material Effect, and if they decided to do that they would not mail notice to the abutting property owners. Commission members discussed the two-week waiting period that would result from that. Anderson noted that there needed to be time to mail notice if the Commission wanted to do that. Kugler said if they just posted the sign and did not mail notification they could probably go with five working days. He suggested passing out a handout at each Commission meeting to notify property owners of their appeal rights. Anderson said that might not directly notify the abutting property owners. Members discussed the proposed time line for application deadline, notification and meeting times. Malkmus read the research regarding appeals and notification in historic districts from other communities. Mills noted that the National Trust publication recommend an appeal process be provided for others in historic districts besides the property owners. Widness noted that the one case when the Commission needed an appeals process was such an egregious example that they are thinking worst-case scenario, but she thought that this would not come up very much. She noted that Kelly often said that this would be happening more and more as they get more districts. Anderson asked if the Commission would also be granting an appeal right for abutting property owners for denial, for example, when the Commission denies an appeal would the applicant's abutting neighbors be able to file an appeal on the applicant's behalf. Historic Preservation Commission January 14, 1999 Page 3 The Commission agreed that there should be notification regarding the filing of a Certificate of Appropriateness given to neighboring property owners in the form of a sign posted on the property, and notification of the appeal process would be given to abutting property owners in the form of a mailed letter. Widness asked why the appeal notification would be given at that stage instead of after the decision was made. Anderson said in this proposal he gave the abutting property owners two working days after the Commission's decision is filed with the City Clerk to file an appeal. Kugler said currently the applicant has 10 working days to file an appeal. He said that the notification letter sent out to neighboring property owners in planning and zoning issues has a paragraph on the protest process and who can be involved, and the Commission could do something similar. Commission members decided than in cases involving landmark properties that only the owner would have the right to appeal. They decided that the Certificate applicants must have everything filed with the City eight working days before the Commission's meeting, and the notice would be mailed out immediately following the filing of the Certificate. Anderson noted that the Commission would not be able to have ad-hoc special meetings since they would be required to give notice. Gunn said he was not convinced that the abutting property owners should have a right of appeal. Anderson said he was also feeling ambivalent about the appeals process. Gunn recounted the summer events that led to the feeling that an appeals process was necessary. Anderson reminded Commission members that the appeal standard would have to be an arbitrary and capricious decision made by the Commission. Widness said she thought that could make neighbors more upset when they think they have a right of appeal, but the standard is so high that it would probably never apply. Gunn said he would vote against an appeal process for abutting property owners because it could be a constant source of time-consuming controversy. Widness agreed because it is held to the same standard. Malkmus said she thought it was important to have recourse from the mishandling of laws. Widness said that whenever the Commission votes on anything controversial they have to go around the table and each say why they are voting the way they are, give reasoning for it and explain how the decision fits in with the Commission's procedures and guidelines, so she thought that would eliminate the possibility that one of their decisions would be overturned because they were being arbitrary and capricious. Anderson said that he was concerned about slowing the process down for people who wanted tO do things with their property. Malkmus said she thought that the Commission needed to have a public hearing on whatever they decide to do. Widness said she thought it made more sense to tighten up the guidelines so people can see what the Commission's decisions would be based on. Anderson said he thought the Commission should still give notice for the public hearing on the application. Malkmus said they need to bring this item up before a full Commission. Anderson said he would write a proposal on the issue for the next meeting. Anderson said that the other procedural issue is Kugler's official role, which is not clearly defined in the procedures and guidelines. He said they need to make it clear if they want a City staff recommendation or not during the Certificate process. He and Widness said they would like Kugler to make a staff recommendation. Kugler said he would not have time to prepare a detailed staff report for an application, but he could get some information from the State Historical Society or from a consultant if needed. Anderson said that Kugler also seemed to have a good sense about past Commission actions so he could make a recommendation based on that. Mills said he would prefer an informal report from staff. Malkmus said she would like a formal staff recommendation when they had strong feelings about certain issues. Gunn said he thought they should get staff input. Mills said he would like information from staff and staff recommendations given upon request. Anderson said he did not think that Kugler always had to Historic Preservation Commission January 14, 1999 Page 4 give a recommendation. Kugler noted that the Certificate Review Committee would also be making the recommendations for Certificates of Appropriateness. (Anderson left at 6:56 p.m.) The Commission added the words, "and receive a recommendation upon request" to the third sentence under VII-Commission Meeting Format on page 2 of the Commission's Procedures and Guidelines. Malkmus said asked if Commission felt that a consultant should be hired on a stipend/retainer or on a case-by-case basis to assist with certificate reviews. Kugler said he would put the Commission's decision regarding this issue in the procedures. Widness said she thought hiring the consultant on a retainer would be a better idea. Kugler noted that there could be some funds available in the City budget for those type of services. Mills said that the HRDP grant application requested funds for the Commission to hire a consultant to review and tighten their ordinance. DISCUSSION OF HISTORIC DISTRICT GUIDELINES: Gunn noted that the first Commission meeting where windows and siding issues could come up would be in March. He went over the criteria and memo in the agenda packet. He said that the Commission needs to take this information and move toward a policy regarding these issues. Kugler said that these could be adopted by resolution or local guidelines to help implement these standards. Gunn said he would like to get input from the neighbors in each historic district for terms to describe their districts and for unique ideas and points of each. Members discussed the definitions of mass, size and scale for the buildings. Widness noted that in comparing the building size to the lot size the building should not be made proportion to the land. Mills asked to have "architecturally consistent" defined. Kugler suggested that this process be started with the Moffitt district because it is a fairly homogeneous one and it might be a bit easier to start with. Malkmus said she would like to get the full Commission's input on this. Gunn asked Commission members to bring any suggestions regarding this back to the next meeting. Widness suggested setting the information up in a table format to make it easier to see and read. Gunn said the Commission could fiddle with the text; he just wanted everyone to agree on the document framework. DISCUSSION OF FUTURE IOWA CITY HISTORIC LANDMARK NOMINATIONS: Malkmus gave some background information about the airport situation. She said that Jan Nash said she was willing to attend the Friends of Historic Preservation's annual meeting to spread the word about it. She said that the airport building should be nominated as a landmark as the State Historical Society determined it to be eligible for the National Register. Kugler said the four parts of the airport that qualify are the hanger, the terminal building, the light beacon and the site itself. CONSIDERATION OF MINUTES FROM THE NOVEMBER 12 AND DECEMBER 10, 1998, MEETINGS: The consideration of the November 12 and December 10 meeting minutes were tabled until the Commission's next regular meeting as there was not a quorum present to vote on them. Historic Preservation Commission January 14, 1999 Page 5 COMMISSION INFORMATION/DISCUSSION: There was none. ADJOURNMENT The meeting was adjourned at 7:45 p.m. Minutes submitted by Traci Wagner. ppdadmin\mins~hpc10-14.doc MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING DECEMBER 17, 1998 THURSDAY, - 5:00 P.M. 4b(4) Members Present: Winston Barclay, Linda Dellsperger, Stephen Greenleaf, Mary McMurray, Mark Martin, Lisa Parker, Jesse Singerman, Anne Spencer, Jim Swaim, Staff Present: Others: Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols, CALL TO ORDER: President Singerman called the meeting to order at 5:00 p.m. Public Discussion 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. NFW BUSINESS A. Policy Review - Collection Development 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 602: 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 sentence 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 Iowa City Public Library's position of adopting the statements as guidelines. Parker suggested a "friendly amendment" that would include Craig'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 questions 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 artended. 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 dates 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 960,000 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. PRFSIDENT'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 Jail Staff: Give one copy to inmate, one copy to Ca. pt. Wagner; and one copy to librarian. NOTICE OF WITHHELD LIBRARY MATERIAL lnmate's name: Ti~e of undelivered material: Material involved (circle): Book/Magazine/Newspaper Reason for withholding material: Deputy's name: NOTICE OF WITHHELD LIBRARY MATERIAL Tnmate's name: Title of undclivered material: Material involved (circle): Book/Magazine/Newspaper Reason for withholding material: Deputy' s name: NOTICE OF WITHHELD LIBRARY MATERIAL Inmate's name: Title of undelivered material: Material involved (circle): Book/Magazine/Newspaper Reason for withholding material: POLICE CITIZENS REVIEW BOARD MINUTES -January 11, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 6:34 P.M. ATTENDANCE 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 J. Watson and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None SOP's and MEETING WITH COUNCIL Motion by P. Hoffey and seconded by M. Raymond to combine Item 3 and Item 4 of the agenda. Motion carried, 5/0, all members present Discussion regarding request to City Council for deferment of any action on the PCRB SOP's until after the joint meeting between the PCRB and the City Council. J. Watson was appointed to make this presentation to the City Council. Motion by L. Cohen and seconded by P. Farrant to recess the meeting to attend the City Council informal meeting. Motion carried, 5/0, all members present. Meeting recessed at 7:28 P.M. Meeting was reconvened at 8:45 P.M. S. Bauer was directed to prepare a timeline of the SQP's since they were submitted to Council on October 6, 1998. After further discussion regarding the SOP's deferment, Motion by P. Farrant and seconded by P. Hoffey to defer the ongoing discussion on the SOP's and the remainder of the agenda items to the meeting on January 12, 1999. Motion carried, 5/0, all members present. 2 ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by P. Farrant. Motion carried, 5/0, all members present. Meeting adjourned at 9:05 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - January 12, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:05 P.M. ATTENDANCE 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. RECOMMENDATION TO COUNCIL None PCRB SOP's and MEETING WITH COUNCIL After lengthy discussion, it was agreed that the Board would again request that the City Council meet with the PCRB before it makes changes to the PCRB Standard Operating Procedures and Guidelines, in particular changes that may diminish the rights of a complainant and may inhibit the flow of information to the Board. J. Watson was selected to speak to the City Council at its meeting this evening. PUBLIC DISCUSSION None PRIORITY-SETTING DISCUSSION The Board's priority-setting meeting has been scheduled for March 2, 1999, commencing at 7:00 p.m. Discussion followed regarding procedure. J. Watson was directed to check on possibly using a facilitator. MEETING SCHEDULE · Special Meeting January 19, 1999, 7:00 P.M. · 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. · Meeting with City Council - February 11, 1999, 5:00 to 7:00 P.M. · PCRB priority-setting meeting - March 2, 1999 · Community Forum at Broadway Neighborhood Center - to be determined BOARD INFORMATION None STAFF INFORMATION None ADJOURNMENT Motion for adjournment by J. Watson and seconded by M. Raymond. Motion carried, 5/0, all members present. Meeting adjourned at 8:45 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - January 26, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M. ATTENDANCE 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 M. Raymond and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL MEETING WITH COUNCIL PCRB requests a 30-day extension to March 14, 1999, to file its Public Report on PCRB #98-19 because the Board is awaiting additional investigative information from the Police Department. Chair informed Board members that after the meeting with the City Attorney was cancelled, Co-Chair Watkins (with agreement of Chair Cohen) called the City Attorney to apologize for the late cancellation. During that call, the potential for re-arranging another meeting with Ms. Dilkes was presented. Motion by J. Watson and seconded by P. Farrant to accept correspondence dated 1/25/99 to D. Russell from the City Attorney. Motion carried, 5/0, all members present. Lengthy discussion followed regarding Ms. Dilkes' correspondence, and specifically about responding to Ms. Dilkes request for a meeting. Some Board members felt that such a meeting would be beneficial only if it would solve clearly defined agenda issues which the Board defines. The officer identification/tracking issue is a key issue. Motion by J. Watson and seconded by P. Hoffey that Legal Counsel contact the City Attorney to schedule a meeting with Board representatives between February 2 and February 9. Discussion followed. Motion amended by J. Watson and seconded by P. Hoffey directing Legal Counsel to set up a meeting prior to February 9. Discussion continued. Motion withdrawn. Motion by J. Watson and seconded by P. Hoffey to defer any action on the City Attorney's request for a meeting to the meeting on February 2, 1999. Motion carried, 5/0, all members present. Legal Counsel was directed to write to Ms. Dilkes with this decision., During this discussion, the Board agreed that any decisions on substantive issues be determined at meetings when members are present, and not conducting business over the phone. With respect to the joint meeting with the City Council on February 11, 1999, committee members presented ongoing discussion points on agenda, issues, and format: · An overview will be presented of the Board's understanding of their responsibilities the ordinance assigns to it. · An overview will be presented of the Board's work in 1998 · The Board's perspectives and concerns: 1. Need for means to monitor patterns in complaints, including a system for identifying officers who are the subject of complaints 2. Continuing problem of the existence and use of two distinct complaint forms 3. Complainant's appearance at summary dismissal hearing (many of the procedural alterations seem to diminish the rights of the complainants in the process) 4. Extension of complaint filing deadline from within 60 days to within 90 days of alleged incident. 5. Extension of PCRB report deadline from 30 days to 45 days. MEETING SCHEDULE The committee will present a revised paper at the next meeting. · Special Meeting February 2, 1999, 7:00 P.M. {John Watson will be absent) · Regular Meeting February 9, 1999, 7:00P.M. · Meeting with City Council February 11, 1999, 5:00-7:00 P.M. · Special Meeting February 16, 1999, 7:00 P.M. · Special Meeting February 23, 1999, 7:00 P.M. · PCRB Priority-Setting Meeting, March 2, 1999, 7:00 P.M. · Regular Meeting March 9, 1999, 7:00 P.M. · Community Forum at Broadway NeighbOrhood Center - to be determined PUBLIC DISCUSSION None BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION J. Watson shared an article from The Prairie Progressive on the PCRB. S. Bauer informed the Board of her absence for four to six weeks commencing March 15 for hip replacement surgery. Citing a conflict of interest in regard to the complaint listed on the, agenda, Chair L. Cohen recused herself at 9:02 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 4 authorized elsewhere in the Code. Motion carried, 4/0, Cohen absent. Meeting adjourned at 9:03 P.M. Regular meeting resumed at 9:10 P.M. Motion by P. Farrant and seconded by P. Hoffey to request from the City Council a 30-day extension of time for//98-19 because the Board is awaiting additional investigative information from the Police Department. Motion carried, 4/0, Cohen absent. M. Raymond requested that the issue of tracking officers, given the information that the Board now receives in the Chief's Reports, be placed on the agenda for the next meetings. All agreed. ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by M. Raymond. Motion carried, 4/0, Cohen absent. Meeting adjourned at 9:13 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 January 28, 1999 Mayor Ernest W, Lehman 410 E. Washington Street lowa City IA 52240 Dear Mayor and Council Members: In executive session Tuesday, January 26, 1999, the PCRB voted to request an extension of the 30-day reporting deadline according to City Code Section 8-8-7B.6 for PCRB Complaint #98-19. On January 21, 1999, the Board requested further information from the Police Department. The Board's Report for #98-19 is presently due on February 12, 1999. In anticipation of the additional investigative information from the Police Department and, in order to ensure the investigation is conducted in a manner which is fair, thorough and accurate, the Board requests a 30-day extension to March 14, 1999. Thank you for your prompt consideration of this matter. Sincerely, Police Citizens Review Board POLICE CITIZENS REVIEW BOARD MINUTES - February 2, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M. ATTENDANCE CONSENT CALENDAR Board members present: L. Cohen, P. Farrant, P. Hoffey, and J. Watson (participating by telephone conference ca!l). Board member absent: M. Raymond. Staff present: Legal Counsel D. Russell and administrative assistant S. Bauer. Motion by P. Hoffey and by Pat Farrant to adopt the Consent Calendar. Motion carried, 4/0, Raymond absent. RECOMMENDATION TO COUNCIL None MEETING WITH COUNCIL M. Raymond present at 7:09 P.M. The Board discussed the informal City Council meeting held on January 29, attended by four PCRB members and staff. S. Bauer was directed to develop a summary of PCRB extensions in accordance with the Council's request. It was also suggested that, time permitting, S. Bauer review Council transcripts of discussions leading to the establishment of the board to understand its original purpose. Issues the Board wishes to address at the joint meeting with City Council were discussed. Motion by P. Hoffey and seconded by P. Farrant to approve the topic list of issues (attached) and to direct staff to submit it to the City Council for their packet on February 5. Motion carried, 5/0, all members present. Motion by P. Hoffey and seconded by J. Watson that the subcommittee comprised of Chair Cohen and M. Raymond, together with Legal Counsel Russell, meet with the City Attorney before the 9'" of February to begin initial discussions of the six topics and report back to the Board on the 9t". Motion carried, 5/0, all members present. Legal Counsel was directed to arrange this meeting with the City Attorney. 2 The Board continued their discussion regarding their presentation on the 11 t.. It was determined that Chair Cohen will be discussion leader. P. Farrant will present an overview of what the Board accomplished in 1998. J. Watson was designated to address the responsibilities of the PCRB under the ordinance. "TRACKING OFFICERS" ISSUE Deferred to next meeting MEETING SCHEDULE · Regular Meeting February 9, 1999, 7:00 P.M. · Meeting with City Council February 11, 1999, 5:00-7:00 P.M. · Special Meeting February 16, 1999, 7:00 P.M. · Special Meeting February 23, 1999, 7:00 P.M. · PCRB Priority-Setting Meeting, March 2, 1999, 7:00 P.M. · Regular Meeting March 9, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center - to be determined PUBLIC DISCUSSION None BOARD INFORMATION STAFF INFORMATION Chair Cohen directed that should Legal Counsel receive the nomination, advertising for new counsel should be initiated immediately. None EXECUTIVE SESSION Citing a conflict of interest in regard to the complaint listed on the agenda, Chair L. Cohen recused herself at 8:17 P.M. Temporary Chair P. Hoffey presiding. Receipt acknowledged of Memorandum dated 2/1/99 from Chief Winkelhake regarding//98-19 report. ADJOURNMENT Motion for adjournment by M. Raymond and seconded by P. Farrant. Motion carried, 4/0, Cohen absent. Meeting adjourned at 8:20 P.M. MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, DECEMBER 16, 1998 -5:30 P.M. IOWA CITY CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cortney Daniels, Lori Goetsch, Gretchen Grimm, Richard Hoppin, Joe Kral, Tom Riley. Lynn Rose, David Thayer, Larry Wilson ALTERNATE: Rex Pruess (for Barb Endel) MEMBERS ABSENT: Dan Mascal STAFF PRESENT: Brad Neumann OTHERS PRESENT: Bob Miklo, Jeff Gillitzer, Mark Graham 1. CALLTO ORDER: Chairperson Daniels called the meeting to order at 5:30 p.m. 2. PUBLIC DISCUSSION OFANYITEM NOT ON THE AGFNDA: Neumann introduced two new members appointed to the Commission. Jeff Gillitzer and Mark Graham are the Iowa City appointees taking over for Lori Goetsch and Richard Hoppin. 3. CONSIDERATION OF THE MINUTFS OF THF NOVEMBER 18, 1998, MEFTING: Wilson said he did not understand the last paragraph under 4.A., 'Daniels said it is inappropriate for a memo." Daniels stated the sentence should be removed because it is unclear. She also suggested that the paragraph begin "With respect to the purchase of land...' Wilson noted that on the top of Page 2, the sentence "It can't be used any more." was unclear. The sentence will be removed. In addition, he suggested that the second paragraph under D. on Page 2 should read, 'Plans for the rest of the trails are indefinite for the lower peninsula ...' Thayer questioned the first sentence, last paragraph before B. on Page 3. Daniels said the first sentence could be removed. For the second to last sentence under D., the sentence should be changed to say 'A boardwalk has been proposed, but it is questionable due to cosL' Goetsch said that the fourth line, second paragraph on Page 2 seemed incorrect. The sentence will be removed. Thayer said that in the last paragraph under D., the sentence '...will go back into the General Plan.' should read "...will go back into the General Fund.' MOTION: Thayer moved to approve the minutes from the November 18, 1998 meeting as amended. Grimm seconded the motion. The motion was carried by a vote of 10-0. 4. COMMISSION DISCUSSION A. Presentation on Iowa City's Northeast Planning District. (Bob Miklo) Bob Miklo, Iowa City Senior Planner, was present to review the draft of the Northeast District Plan. Miklo said the City Planning Division is proposing an amendment to the current Comprehensive Plan that applies to the northeast part of Iowa City. He explained that the RIVERFRONT & NATURAL AREAS COMMISSION DECEMBER 16, 1998 - 5:30 P M PAGE 2 Comprehensive Plan is the City's policies for economic development, arts and culture, social issues, and land development. It is used by City departments, boards and commissions, and the City Council in making decisions about important elements in the future of Iowa City. The area they are working on now is the northeast district which is bounded by Interstate 80 on the north side and Highway 1 on the northwest side; Hickory Hill Park and First Avenue on the west side; Court Street on the south; and the city's growth area (which is east of Taft Avenue) on the east side. Miklo showed a map of the area and then began a PowerPoint slide presentation. Miklo said staff started the Northeast District planning and research some months ago which they then took to neighborhood workshops held last March and April. In the process, citizens gave their ideas for what they wished to see for the area and what they currently liked. From this, they came up with the main principles to be incorporated into the plan. Miklo said · t · · · · that the main principles to be incorporated into the Comprehensive Plan included: Preserving Natural Features Creating Pedestrian/Bicycle Connections Within the Neighborhoods Designing Streets that Enhance Neighborhood Quality Maintaining a Reasonable Level of Housing Diversity Creating and Upgrading Neighborhood Parks Planning for Commercial Centers to Function as Neighborhood Centers Miklo said there were also some specific physical plan ideas that came from the planning workshops, such as planning for a buffer between residential development and Interstate 80, extending Captain Irish Parkway to Scott Boulevard to funnel traffic to east Iowa City, avoiding the wooded ravines when building Captain Irish Parkway, having a town square with radiating streets in the east part of the city, and preserving the flood plain and stream corridors. Miklo said that the professional planners did not agree with and did not incorporate into the plan some of the ideas from the planning workshops, such as the connection of First Avenue to Captain Irish Parkway. This was because of traffic flow dilemmas and the possibility of more traffic trickling through quiet residential neighborhoods. Miklo said that the plan shows where trails are possible. He also stated that, more importantly, a key element of the plan is a philosophy in the plan that commercial areas, parks and schools should be connected with residential neighborhoods through trails. Miklo showed a streetscape for a conventional subdivision which is fairly representative of what has been developed in Iowa City over the past few decades. There is generally little open public space, most land is privately owned, there is often only one way in and out, the neighborhoods do not connect to one another, and the neighborhood is typically divided into large lots without a variety of housing types. Criticisms of this type of neighborhood include: the neighborhood is generally land consumptive, inefficient for. the delivery of city services, and is often not environmentally friendly. Miklo pointed out that this does not mean that these can't be nice neighborhoods. The comprehensive plan just indicates that there are alternative designs which may be better. Miklo reviewed the designs which offer alternatives for the current modern streetscape. These include a Modified Grid Street Pattern and a Conservation Subdivision. A Modified Grid Street Pattern offers several routes through a neighborhood, alleys for public services, a pedestrian- RIVERFRONT & NATURAL AREAS COMMISSION DECEMBER 16. 1998 - 5:30 PM PAGE 3 friendly streetscape, more units per acre while maintaining a pleasant streetscape, and less paving in the front yard. A Conservation Subdivision sets aside environmentally sensitive areas or large areas of open space and instead clusters development into a smaller area. Miklo specifically discussed the Bluffwood. Lindeman Hills, Hunter Heights, and Pheasant Hill neighborhoods. Miklo announced that there would be a Planning and Zoning Commission public headng the following night, Thursday, December 17, where they would discuss these issues. A second public hearing will be January 7. He said that the RNAC is welcome to make comments to the Planning and Zoning Commission or City Council and that the planners welcome the Commission's input. Thayer commented that there is clearly a lot of opposition to the First Avenue extension. One question has to do with the anticipated intersection with Captain Irish Parkway. He said this seems to be at a dght angle. He asked Miklo to discuss this further. Miklo said that they plan to have traffic crossing over Interstate 80 on Scott Boulevard rather than crossing through that interchange. The conceptual design is to have traffic go down Scott Boulevard rather than through some older neighborhoods in Iowa City or on Highway One. Thayer also noted the opposition to the highway extension next to Hickory Hill Park. Mildo agreed and said people in those neighborhoods would rather not see it. Wilson questioned the positioning of Captain Irish Parkway because it is so far north. Mildo said the street could move south because this is still conceptual; however, they wanted to stay away from moving the highway into ravines. Wilson also noted that he appreciates how the Bluffwood design respects the land forms, but feels that the Lindemann Hills plan does not respect the land forms enough. He stated that the rolling hills are too rolling for a hard, superimposed plan. He said that he does not object to the concept, but to the plan. Miklo disagreed and said that although this is not flat land, the plan can be used successfully. Thayer said that he assumed there was a notion that led to this configuration for Lindemann Hills, other than the idea of returning to a neighborhood concept. He noted that this is very different design from all other surrounding developments and there must be some reason why this is thought to be better. Miklo said it may not be better, but it can address some of the concerns and problems they are having with more recent developments. Miklo said that it would be easier to provide public service because the mileage for City vehicles doubles with cul-de-sacs in these neighborhoods, and it is more difficult for snow plows and the post office. In addition, the current neighborhoods are more land consumptive. Miklo explained that this particular design came from the neighborhood groups who wished to have a focal point that would form an identity for the neighborhood. In addition, the pattern would calm traffic. Wilson said that he still disagrees with the design because it takes real skill to adapt the design to the topography and still accomplish the other planning ideas. Riley asked about the optimum design for traffic leaving Iowa CiW from the Lindemann Hills area. Miklo explained what the traffic patterns are showing. He then stated that, ideally, they plan for an arterial street every mile and for neighborhoods between the mile grid pattern. Right now all traffic from the area is going through the older neighborhoods. With Captain Irish Parkway, more traffic will go through the newer neighborhoods. Their goal is for more equitable RIVErFRONT & NATURAL AREAS COMMISSION DECEMBER 16, 1998 - 5:30 PAGE 4 traffic distribution. Daniels and Goetsch commented on the difficulty of traveling from that side of Iowa City. Wilson said he believes that the First Avenue extension would be better for the community but would not want it if he lived in the surrounding neighborhood. Daniels asked Miklo to point out where the proposed trails would be. Miklo pointed them out on the map and reiterated that the plan is conceptual. The trails would have sidewalks 8-feet wide. Riley mentioned the number of semi-trucks going through the northeast district. Miklo said Scott Boulevard was intended for this use. There is some buffer space and not many driveways go directly onto Scott Boulevard. Miklo added that there are not many choices with the industrial area where it is. Although the area is not near the interstate, it is near the railroad. He said that these are the tough issues the City has to deal with. B. Update on EIk's Club golf driving range proposal for the Peninsula. Neumann said there is no update because he has not received the information. C. Discuss the development of the Iowa City Creek Maintenance Program. Daniels and Commission members determined that this could be deferred until the next meeting. D. Update on RNAC member appoini~nents. Neumann said that the t~o new Iowa City members were introduced at the start of the meeting. There is one county representative position open for which no applications have been received at this time. He said that they would talk about the Iowa City Parks and Recreation position at the next meeting. 5. COMMISSION ACTION: A. Appoint a nominating committee for 1999 officers. Daniels, Wilson, and Riley volunteered to be on the nominating committee. B. Appoint a special events committee. Daniels said that because they will have new members, she would like to discuss this at the next meeting. She suggested that they talk about Arbor Day in January. In addition, she said that they should discuss River Month (June). She stated that perhaps they should focus on creeks because a lot is being discussed surrounding creek development, trails, etc. Wilson asked if the application for the Creek Maintenance Program was only one sheet. Neumann commented that this was why the City wished to have the RNAC's involvement. Neumann suggested that next month the Commission talk about the creek maintenance program. The Commission could come up with some ideas and then ask Wayne Petersen from the Soil and Water Conservation District if he would come to a future meeting. Neumann said that Petersen can help the Commission determine how to implement their plans. RIVERFRONT & NATURAL AREAS COMMISSION DECEMBER 16. 1998 - 5:30 P,M. PAGE 5 C. Approve Flood Plain Management Ordinance recommendation Letter. Daniels said she made a few changes based on the Commission's discussion. members reviewed the letter and Thayer requested that one sentence be moved. MOTION: Grimm moved to approve the memo as amended. Goetsch motion. Motion carried 9-0. (Rose left at 6:40.) 6. Commission Reports: A. Report From the JCCOG Regional Trails and Bicycling Committee representative. Mascal was absent. B. Report from the Parks and Recreation Commission Representative. There was no information to report. 7. OTHFR BUSINFSS: There was no other business. 7. ADJOURNMFNT: MOTION: Grimm moved to adjourn the meeting. Wilson seconded the motion. The meeting was adjoumed at 7:00 p.m. Commission seconded the (RTBC) jcco~qNAC1216.clo¢ MINUTES SENIOR CENTER COMMISSION TUESDAY, DECEMBER 15, 1998 MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Bebe Ballantyne, Joanne Hora, Terd Miller, Kenneth Mobily, Larry Pugh, M. Kathryn Wallace and Philip Zell Allan Monsanto, Deborah Schoenfelder Linda Kopping, Julie Seal, Susan Rogusky, and Michelle Buhman GUESTS PRESENT William Kelly, Jay Honohan, and Lee McGovem. CALL TO ORDER Wallace called the meeting to order at 3:06. MINUTES Motion: To approve November minutes as distributed. The motion carried on a vote of 6-0. Pugh/Zell. PUBLIC DISCUSSION None. FUND RAISING PROJECTS- Seal, Rogusky Woodshop Auction - Seal The woodshop auction was a success. The sale of all the woodshop equipment and a few miscellaneous items generated $2300 for the gift fund. Holiday Bazaar- Rogusky 273 children shoppers and 462 volunteers were involved in the 1998 Holiday Bazaar and cookie walk. The event generated $4946.79 that has been deposited in the gift fund. SENIOR CENTER UPDATE Operations - Kopping The Washington Street entrance doors are being installed. Work to be completed includes the door locking and opening mechanisms, installation of lights and ceiling tiles, and repairs to the floor. Work should be complete in approximately one week. H. R. Green has submitted a proposal for consultant services for an upcoming project involving the installation of a fire sprinkler system on the first, mezzanine and second floors; ceiling tile replacement throughout the building and miscellaneous plaster repairs. The preliminary estimated cost, including consultant fees, is around $180,000.00. Kopping is working with Cathy Eisenhofer to identify a consultant for the lobby fumiture replacement project. Preliminary'costs for this project are around $35,000. MINUTES SENIOR CENTER COMMISSION TUESDAY, DECEMBER 15, 1998 2 The current painting studio, room G04, will be moved to the former woodshop, room G07. The primary reason for this move is to provide the painting groups access to the exhaust system in G07. The free standing exercise equipment will be moved from the hallway adjacent to the Washington Street entrance and placed into G04. Improvements to the room will follow. The City Architect, Senior Dining Manager and Senior Center Coordinator will meet later this week to discuss renovation of the kitchen area in order to provide additional storage and space for a washer and dryer. Commissioners discussed the future of the Senior Center and Commission requests for additional space in the proposed Iowa Avenue Parking Facility. Commissioners foresee a growing number of participants and no room for expansion in the existing histodc facility. Additionally, designated, convenient parking accommodations for Senior Center participants and volunteers is and has been, inadequate. It is hoped that the proposed parking facility will resolve these longstanding parking issues. Motion: To request from the City Council additional programming and parking facility space in the Iowa Avenue Parking Facility should also be included. Motion was carded on a vote of 7-0. Pugh/Miller Pro.clrams - Seal Events occurring in January were reviewed. Volunteers- Rogusky An update of volunteer programs and opportunities was given. COUNCIL OF ELDERS -McGovem A report from the Council of Elders was given. COMMISSION VISITS City Council- No report. Board of Supervisors - No report. COMMISSION DISCUSSION Miller, Pugh and Wallace were elected respectively as Chair, Vice Chair and Secretary of the 1999 Senior Center Commission. Motion: To adjourn. Motion was carded on a vote of 7-0. Hora/Ballantyne. The meeting adjourned at 4:30.