Loading...
HomeMy WebLinkAbout1999-02-23 Bd Comm minutesMINUTES 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 STAFF PRESENT: 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 '~Narren 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. A'FFENDANCE 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 Attorney 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 Shank said that the City policy included in members' packets has been repealed and is no longer in effect.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 there 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 original 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 Marian 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 theywould 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 andif 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 at the request of the Iowa City Human Rights Commission, the Iowa Civil Rights Commission has never been able to put the issue of sexual orientation on the fall agenda. 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 Bums 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 CASFS: 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 adjoumed at 8:50 p.m. Minutes submitted by Wendy Larive civrights~min\hrc1221 ,doc IOWA CITY HUMAN RIGHTS COMMISSION MONDAY, JANUARY 25, 1999 - 7:00 P.M. IOWA CITY CIVIC CENTER, LOBBY CONFERENCE ROOM MEMBERS PRESENT: Joan Jehle, Mary Larew, Charles Major, Diane Martin, Jane Nelson- Kuhn, Janice Simmons-Welburn, Mettie Thomopulos, Art Vincent, Jan Warren MEMBERS ABSENT: None STAFF PRESENT: Heather Shank OTHERS PRESENT: Joyce Carmen, Joe Wilson 1. CALL TO ORDER: Vice-Chairperson Martin called the meeting to order at 7:00 p.m. 2. INTRODUCTION OF NEW HUMAN RIGHTS COMMISSION MEMBERS: Martin introduced new members: Mary Larew, Jane Nelson-Kuhn, Janice Simmons-Welburn APPROVAL OF THE DECEMBER 21, 1998 MINUTES: Major stated that on Page 9, his comment should read "Major reported that at the request of the Iowa City Human Rights Commission, the Iowa Civil Rights Commission has never been able to put the issue of sexual orientation on the fall agenda." MOTION: Major moved to approve the minutes from the December 21,'1998 meeting as amended. Warren seconded the motion. The motion was carried by a vote of 9-0. 4. RECOMMENDATIONS TO COUNCIL: There were none. 5. ELECTION OF OFFICERS - CHAIRPERSON, VICE-CHAIR: MOTION: Vincent moved to nominate Diane Martin as Chairperson. Jehle seconded the motion. Motion carried by a vote of 9-0. MOTION: Major moved to nominate Jan Warren as Vice-Chairperson. Thomopulos seconded. Motion carried by a vote of 9-0. 6. INVESTIGATIVE TEAM DESIGNATION: Martin explained that each member of the Commission will function as a member of a team with three people. When human rights investigations are completed and the files have been reviewed by the City attorney, the files will go to a team of three to review and either agree or disagree with the probable or no probable cause decision for the case. Each of the three individuals will read the case and determine whether they agree. The team leader will then write a shod summary of the team's findings. Warren suggested they assign team leaders. It was determined that Martin will be the team leader for Team A, Warren for Team B, and Thomopulos for Team C while Jehle is on vacation. Iowa City Human Rights Commission January 25, 1999 Page 2 Vincent asked if a decision had ever been rendered by only two members of a team. Martin explained that there had been because of some instances of conflict of interest. Larew asked what generally happens when a team member has a conflict of interest. Shank said that they would just need to tell her. Nelson-Kuhn asked if the team members would find out the names of the people involved in the case. Warren explained that they would, but only the three members of the team reading the case would know, not the entire Commission. Shank noted that one of the obligations of the Commission is to maintain con~dentiality of the parties. Warren asked if all of the cases that had been worked on by the previous years members who are no longer on the Commission had been decided. Shank said that they had. Martin provided the Commission with a list of members' names and addresses. She requested that everyone also provide their e-mail address. Simmons-Welbum suggested that when using e-mail, everyone should keep con~dentiality and proper use of e-mail in mind. 7. GUEST-JOYCE CARMEN - PROJECT WITH STUDENTS: Carmen said that she had previously proposed co-sponsoring an essay contest at the high school level. She suggested that they plan for more than 3-4 weeks to complete the contest. In addition, she recommended that all essays be assigned numbers rather than names. Warren noted that the Commission had previously sponsored an essay contest and provided Carmen with examples of materials from those contests. The previous materials could be used to generate ideas for what they might like to do. Simmons-Welbum asked what the focus of the essays would be. Carmen said it would center around the Global Focus '98, Human Rights 50th anniversary. Simmons-Welburn stated that she did not believe a high school student would need more than a few weeks to complete an essay. Shank asked if the focus would be narrowed from human dghts in general to an intemational human rights theme. Carmen said that she was open to suggestions. Vincent asked about the length of the essay. Warren said that the previous contest guidelines show many of the cdteda they would need to decide for this contest. Vincent asked who the judges were in the past. Shank said that they were a subcommittee of commissioners. Carmen said that she had also thought about having local people, such as local poets or writers, judge the contest. Warren expressed concern about whether they would judge the essays on the student's ability to be creative wdters or their ability to express an idea about the importance of human rights. Nelson-Kuhn said she believed it would be most important to judge what the student is learning about human rights rather than their writing ability. Simmons-Welbum said that she believed it should be a combination of both because it is important for a student to be able to articulate their ideas in a manner that others will comprehend, particularly at the high school level. Nelson-Kuhn asked if they would make accommodations for people with cognitive disabilities. Other commissioners agreed that this was something they should think about. Iowa CiW Human Rights Commission Janua~ 25,1999 Page 3 Warren suggested that the Commission develop a subcommittee that would look at each of these issues more closely. MOTION: Vincent moved to have a subcommittee look more closely at the aforementioned issues to eventually co-sponsor an essay contest. Thomopulos seconded the motion. The motion carded by a vote of 9-0. Vincent and Larew volunteered to work with Carmen on the contest. 8. GUEST - JOE WILSON - POSSIBLE HUMAN RIGHTS PROGRAMS: Joe Wilson stated that he is a local community organizer/social change activist. He wished to discuss the possibility of the Commission sponsoring or co-sponsoring programs surrounding issues of interest or concem to the lesbian/bisexual/gay/trensgender community and/or issues and concems related to HIV/AIDS. Wilson gave examples of a number of specific days, weeks, and months that are important to these communities. He said he would provide the Commission a list of events before the next meeting and would appreciate any assistance or publicity that the Commission could offer. Vincent asked if there were any events that addressed legal issues/legislation. Wilson said that there were. Martin agreed with Vincent that legal issues/rights surrounding sexual orientation may be what the Commission would want to focus on. For the benefit of the new Commission members, Warren and Shank explained that the Commission has: been involved with each years Gay Pride Rally; invited speaker Jonathan Wilson to discuss the state of the law in Iowa; and produced a transgender video that states the law specifically. Martin and commissioners agreed that once they had received the schedule, they would review it and determine what activity or activities they would be able to assist with. 9. OLD BUSINESS: Attendance Policy - Revision of the Bylaws Martin stated that a subcommittee had just ~nalized their ideas for a revision to the Commission's bylaws conceming the attendance policy. She read the current policy, which states: Commissioner shall attend (or have excused absences for) twelve (12) regularly scheduled monthly meetings during the calendar year. Commissioners who violate provisions of B above may be asked to resign and 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 of any meeting. Martin explained that the subcommittee reviewed the attendance policy of a number of other Commissions. Most did not have any number of set meetings that a Commission member could miss. She asked Commissioners whether the bylaw should be amended to add "Three (3) consecutive absences without pdor notice or four (4) absences within a twelve month pedod without pdor notice may result in a vote by simple majodty to 1.) request the resignation of the commissioner in violation of the absence policy or 2.) recommend to City Council that the commissioner in violation of the absence policy be removed." Martin explained that this could replace point 1 of the old policy and point 2 would be removed. Iowa City Human Rights Commission January 25, 1999 Page 4 Warren was concemed that a commissioner may feel they have allowance for missing three meetings per year. In addition, she wanted to make sure that a prevision for emergencies would be included in the policy. Larew said that they needed to make previsions for events that are not emergencies. Martin said that the words "prior notification" address that situation. Simmons-Welbum asked how specific an excuse would need to be because this may have an impact on people's willingness to serve. Martin said that just a general excuse would be fine and commented that the subcommittee struggled with how specific the policy should be. Vincent stated that he agreed with Warren's concem because the proposed wording seems to allow for a commissioner to have any number of excused absences with pdor notification. Larew agreed that there may be situations where the commissioner has legitimate excuses every single month. Nelson-Kuhn noted that this should not be likely because a commissioner applies to be on the Commission and it is something they want to do. Martin agreed and said that the only time she has seen a problem is when a commissioner has had to be out of town frequently because of work. However, they always received prior notice. Thomopulos stated that no matter what number is included in the policy, there will be a problem. Vincent suggested that they remove the words '~,ithout prior notice." The policy would then state, "Three (3) consecutive absences or four (4) absences within a twelve month period may result in a vote by simple majority to 1 .) request the resignation of the commissioner in violation of the absence policy or 2.) recommend to City Council that the commissioner in violation of the absence policy be removed." Warren asked if they could make a stronger statement in the bylaws which reminds commissioners of their commitment and the importance of attendance. Vincent said he believes that the first sentence is not at all ambiguous; it speaks to the need to attend and the obligation of the commissioner. Simmons-Welbum added that the commission application materials a person receives clea~y state the need to attend each meeting. Warren asked for clarification on what has changed in the new version. Martin replied that there were no numbers in the current bylaws. Shank noted that this new policy would replace the entire section B in the bylaws. Warren asked what would happen if a member were to miss several meetings. Martin clarified that the Commission could take a simple majodty vote or make a recommendation to Council. Jehle reminded everyone that the Commission is willing to reschedule meetings to fit with people's schedules. Legally the Commission only needs to provide notice of the public meeting far enough in advance. Larew asked how often they have had special meetings. Shank stated that they have only held one since 1994. Larew asked how a special meeting might impact the attendance policy. Vincent replied that the wording only refers to "regularly scheduled meetings," not special meetings. Iowa City Human Rights Commission January 25, 1999 Page 5 Martin said the commissioners had also expressed concem about the active participation of members. She noted the subcommittee came to the conclusion that it would not be possible to define "active participation." However, they also recognized that the bylaws should state that it is each members responsibility to participate in the activities of the Commission. As a result, they drafted the following statement for the bylaws: "It is each Commissioners responsibility to take an active role in the work of the Commission. This shall include reviewing human dghts complaints and the investigative file, attending Commission meetings and community/educational functions." Martin said they may want to modify this and that this is something they definitely feel has been missing from the bylaws. Warren asked if the last part of the statement was too passive because it only talks about "attending" rather than participating in the function or being involved in planning the function. Simmons-Welbum stated that some boards and commissions require that a member serve on a subcommittee. Both Simmons-Welbum and Warren agreed that language encouraging subcommittee involvement should be included. Commissioners agreed that the above statement should be modified to read "planning and attending Commission meetings and community/educational functions." Martin stated that she would provide everyone with a copy of the improved version and the Commission could vote on the final version at the next meeting. Team Case Review Vincent reiterated his concam about meeting the team case review deadline of 30 days. He said he is wondering how they can make the deadline and still do justice to all parties involved. Larew asked if the cases could be checked out. Major said he does not like the idea of checking the cases out because of the seriousness of the documents. Nelson-Kuhn noted that where she works in human services, con~dentiality is broken when a document leaves the building. Vincent said he did not see a logical reason why they should not be able to check out a document if they are bound by con~dentiality. He said this would help him to be sure that he had made a reasoned decision because he would not be rushed. Larew asked when the documents would be available to read. Shank noted that they are available all day, in the evenings, and on Saturdays. Thomopulos noted that people who work dudng the day may only have the weekend free. Martin asked if this was a decision the Commission could make from a legal perspective. Shank noted that historically, cases have been checked out only in emergencies (when the case cannot be read at the City). She said this has resulted in problems when the case is not available for review by the other team members or by Shank when there is an immediate question. Vincent asked about making copies. Shank said this is cost-prohibitive. Vincent asked if the Commission encouraged an informal meeting between team members to ensure consensus on their decision. Warren and Major agreed that the team members would talk about each case, but the discussion could take place informally over the telephone. If there was disagreement, the team could get together and talk. Iowa Ci~ Human Righ~ Commission Janua~ 25,1999 Page 6 Shank said she will find out whether a commissioner can take a case out of the building, whether there has to be unusual circumstances, whether a reasonable accommodation would be required, etc., and provide an opinion at the next meeting. Vincent asked whether the team members should have access to the case law that the summaries are based on. Shank explained that there are certain elements that the Commission has to find in the investigative file in order to have a finding of probable cause. All of the elements are laid out in the investigative summary. Case law is used because the cases are similar to the current situation. She said she believes it will become more complicated and confusing if a commissioner reads the case law. All of the elements have been reviewed by an attomey and am provided in the summary. She said she does not believe the time invested in reading the case law would be beneficial. However, it is available. Human Rights Breakfast Shank stated that she received a response from Jim Anaya about the possibility of Anaya serving as the keynote speaker for the Human Rights Breakfast. Anaya works with indigenous people all over the world and was the recipient of last year's Intemational Human Rights award along with Bums Weston. He said he would be happy to be the keynote speaker; however, he was not sure which semester he would be in Iowa. Martin asked if the Commission would be willing to wait another month to hear if Anaya would be available. Members agreed to wait until February. Warren suggested that they think about other speakers as a backup, such as Phil Kutzo, a mathematics professor. Warren said Kutzo has been working on attracting a more diverse population of students in mathematics, particularly at the graduate level. She described a speech he gave in which he discussed traveling to Germany as a Jewish person and the evident discomfort the two groups felt because of their history. Nelson-Kuhn stated that she thought Diane Finnerty gave an excellent speech at the UI Hospital School dudng a staff development day. Finnerty discussed differences in class. Larew and Simmons-Welbum agreed that Finnerty's speeches are moving. Martin said to keep ideas for backups in mind and the Commission can discuss this further in the future, if necessary. Jehle suggested that the October Human Rights Breakfast be publicized through the newsletter that arrives with City water bills. She said she would preepare copy for them by July 15 in order for the ad to appear in the August newsletter. Commissioners agreed that the August newsletter would be appropriate timing because the Commission will also be requesting nominations. Cedar Rapids Addition of Sexual Orientation to HR Ordinance Martin noted that the Cedar Rapids City Council voted to amend the city's civil rights ordinance to include sexual orientation. Jehle stated she wished to have this on the agenda so that everyone could see who voted which way and why. She asked if commissioners thought Mayor Lee Clancey might assist them as an advocate for this passage at the state level. Clancey had commented that this should have been handled at the state and national level. Warren mentioned that in his state-of-the-union. address, President Clinton discussed this topic in terms of national hate cdmes legislation and non-discrimination in employment based on sexual orientation. Shank commented that a nationwide Employment Non-discrimination Act is currently in subcommittee. Iowa City Human Rights Commission January 25, 1999 Page 7 Community Outreach Kds Das-February Guest-to talk about human dghts class Dave Leshtz-February Guest-to talk about Norman Kunc presentation Employer Public Forum-Disability Law Update and Harassment Law Martin stated that the above-listed speakers were placed on the agenda so commissioners would know what will be coming up. Shank said the third item listed above has been changed to March 25th at 7 p.m. Martin said they should determine what the tasks are for the Employer Public Forum and how they will get this information out to the business community. Shank said they will need mailings, posters, and help for that evening. Martin said tasks will be divided up at the February meeting. 10. NEW BUSINESS: Nelson-Kuhn stated that this was a significant day in the disability community. It was the birthday of Ed Roberts, a co-founder of the independent living movement in Califomia and founder of the Wodd Institute on Disability. She suggested that as people celebrate Martin Luther King Jr.'s birthday, they also think about people with disabilities in their lives. Vincent reported that the film "Yidl in the Middle" (which was funded by a grant from Humanities Iowa) would be available for review by the Commission later in the week. He asked that the Commission view the video before the next meeting. Shank said she would make sure everyone on the Commission had a chance to check it out once she received the copy from Vincent. She will also request commentary from commissioners. Martin stated that the Human Rights Commission will have a table at Cultural Diversity Day, Sunday, February 28th, noon-5 p.m. at the University Fieldhouse. She said they usually have two shifts with two people available dudng each shift. Thomopulos and Simmons-Welbum agreed to work the first shift from noon - 2:30 p.m. Nelson-Kuhn and Major agreed to work the second shift of 2:30 - 5:00 p.m. Shank said they needed to schedule a training session. Training for new members was scheduled for February 8th at 7 p.m. Shank stated Diverse Cities was planning to hold a Rapid Response Team organizational meeting on January 26. Diverse-Cities would discuss organizing a team to deal with hate crimes, educate the public on what constitutes a hate cdme, bias cdme, etc., and discuss other issues. Warren asked if they had addressed the change in the director of the Iowa Civil Rights Commission. She suggested that they proactively welcome her. Nelson-Kuhn suggested that they invite the new director to a meeting. Martin said she would write a letter inviting her. 11. REPORTS OF COMMISSIONERS: Jehle asked if other commissioners had seen a commercial with the slogan, "Diversity. It's about all of us." She noticed that this commercial was by Denny's restaurant, which was required to do this as a result of discrimination lawsuits. Simmons-Welbum stated that she had also seen a similar commercial by Texaco. Jehle said she also watched an interview with a documentary filmmaker who pieced together her Jewish hedtage upon discovering film that her grandmother had stored in the attic. Jehle asked all commissioners to watch for the film "Story without Words," which is to air on PBS some time this spdng. Iowa City Human Rights Commission January 25, 1999 Page 8 Warren said she thought the millennium survey in that weekend's Iowa City Press-Citizen was interesting. In the survey, 75 percent of people thought gay marriage would be commonplace within the next 25 years. In addition, the survey showed what groups believe there will be a minodty president. Major said the Icon pdnted an article stating that the people of Cedar Rapids are in jeopardy because they voted in favor of adding "sexual orientation" to the city's civil dghts ordinance. He said he discussed this with Emie Lehman on the radio. Lehman commented that the issue kept getting shifted away from the real issue (discrimination). 12. STATUS OF CASES: Shank said that Case 51 has a great chance of settling, but she has not heard yet. All of the cases that the 1998 commissioners were working on have been completed. Other cases are currently being reviewed. 13. ADJOURNMENT: MOTION: Major moved to adjourn the meeting. Thomopulos seconded the. motion. The meeting was adjoumed at 9:25 p.m. Minutes submitted by Wendy Ladve civdght~minVarc0125.doc MINUTES - SPECIAL TRAINING MEETING IOWA CITY HUMAN RIGHTS COMMISSION MONDAY, FEBRUARY 8, 1999 - 7:00 P.M. IOWA CITY CIVIC CENTER, LOBBY CONFERENCE ROOM MEMBERS PRESENT: Diane Martin, Mary Larew, Mettie Thomopolos, Jane Nelson-Kuhn, MEMBERS ABSENT: Jan Warren, Art Vincent, Charlie Major, Joan Jehle STAFF PRESENT: Heather Shank 1. CALL TO ORDER Chairperson Martin called the meeting to order at 7:03 p.m. 2. Discrimination Theories - Disparate Treatment and Disparate Impact Disparate treatment complaints make up the majority of the cases in the HR office. Very few cases involve disparate impact. Disparate impact cases are generally sent to the ICRC if one comes in because of the necessity of acquiring extraordinary amounts of statistical evidence. In a recent Iowa City case in which there was a finding of disparate treatment and impact by the Iowa City Human Rights Commission, the parties settled. Disparate treatment is where a person is treated differently than others 'similarly situated. This means a waitress is treated differently than another waitress. A comparison is not made between the waitress and a supervisor or someone who does the books. If a person alleges she has been fired because she left early but a co-worker left early but was not fired, more information needs to be acquired. Additional information that might be necessary includes the identity of the decision-maker in both cases, the date of both of the incidents, the reasons the individuals lef~ early, the policy for leaving early, whether arrangements were made for coverage etc. Information gathering is the role of the investigator. Case law describing disparate treatment and an example included in the packet was discussed. 3. Prima Facie Complaint In the district court a plaintiff has to prove by a preponderance of the evidence that discrimination occurred. The standard of proof for the Human Rights agencies is "more likely than not." This means a complainant has to show that it was more likely than not that discrimination occurred. To make a case, the complainant has to establish a prima facie case of discrimination. This means the information gathered in the investigation has to prove the elements set forth in the packet for the particular discrimination alleged. If a person has alleged he hasn't gotten a position because of his race, the investigators ask for relevant information regarding the hiring process. The investigators then go through the elements of the prima facie case. The complainant has to show that he is a member of the protected category, he was qualified for the job, the job remained open or else someone less qualified was hired. If the complainant establishes these elements there will be a presumption that discrimination occurred. At this point the respondent provides evidence to rebm the presumption. Employers can refuse to hire anyone they want as long as it wasn't for a discriminatory reason. If the respondent provides a nondiscriminatory reason it is not for the agency to second-guess the business decision. However, the complainant can then establish that the nondiscriminatory reason was a pretext for discrimination. In a single motive case, there are decisions that are made that have affected a complainant bm no statements are made that suggest an animus exists against a group of people. In a mixed motive complaint, there is direct evidence of an animus, i.e., racial epithets, etc. In these cases, the respondent has to show that absent the discriminatory motive, it would have made the same decision to fire, demote, reprimand, etc. In these cases a complainant is still emitled to injunctive relief and attorney's fees. There has to be a showing that the legitimate nondiscriminatory reason was actually relied on by the respondent. If the legitimate reason was found out after the termination, then it is not the reason the respondent relied on. 4. Sexual Harassmere Law The Supreme Court made two decisions this last summer regarding sexual harassment by supervisors of subordinates. Currently if a supervisor harasses an employee and the employee has suffered from a tangible job action, loss of a benefit, promotion, etc., there is strict liability. If a supervisor harasses an employee bm there has never been the loss of a tangible job benefit, it becomes like a hostile work environment case except now the Supreme Court has provided an affirmative defense for respondents. In addition, the person who has been harassed has an obligation to report the incident to management. A handore of the elemems to be established in the prima facie complaim for both of these types of complaints was provided. Examples were reviewed. It was also explained that the harassment elements will be applied to race, religious, national origin, or any other type of harassment. With co-worker harassmere, the elements set forth in the hostile work environmere prima facie case, (set forth in the packet) has to be established. The Supreme Court may have believed the affirmative defense would cause the employer to establish and enforce the anti-harassment policy vigorously, therefore, eliminating the co-worker hostile work environment. 5. Disability Law Current Iowa law holds that when determining whether a person has a disability the individual's impairment should be assessed withore consideration of meditations or assistive devices, i.e., glasses. However, when determining whether a person is substantially limited by the disability, one can consider the medications and devices. This law has resulted in decisions that state the complainant did not make the prima facie case in that the individual does not have a disability under the law. The Justice Department applies the ADA and this law does not include this theory of law. The ADA does not require an individual's impairment to be considered with the use of medication or assistive devices. The U.S. Supreme Court is going to consider the theory adopted by the Iowa Supreme Court and several circuits in their next session. Discussion of the elements to establish a prima facie case in a disability and perceived disability complaint was discussed. 6. The complaint process, mediation and conciliation were explained. Currently the ICHRC investigates housing discrimination complaints alleging sexual orientation or gender identity discrimination. HUD has to make the determination that the Human Rights Ordinance is substantially equivalent to the Fair Housing Amendments Act before the Iowa City Commission will be allowed to investigate housing complaints in the other protected categories. Adjourned at 8:50 p.m. Revision of Human Rights Commission By-laws III. Membership B. Commissioner shall the calendar year. The absence prior to any twelve (12) regularly scheduled or Human Rights during must be notified of an 1. Three consecutive in: or four absences 12 month period may result a. A vote by Commissioner in tO of the the resignation of the policy b. A vote by Commissioner in from the recommend to City Council that the absence policy be removed X. Powers and Duties of the Duties: It is Commission. This shall file, attending Commission functions. reviewin and ibility to take an active role in the work of the human fights complaints and the investigative and attending community/educational MINUTES IOWA CITY BOARD OF TRUSTEES REGULAR 2nd FLOOR CONFERENCE ROOM 5:00 pm Winston Barklay, Lin~a Dellsperger, Stephen Greenleaf, Mark Martin, Mary McMurray, Lisa Parker, Anne Spencer, Jim Swaim Jesse Singerman Barb Black, Maeve Clark, Susan Craig, Beth Daly, Larry Eckholt, Lauritzen, Kara Logsden, Liz Nichols Heidi Guests Present: Gary Sanders CAI .l . TO ORDER - In the absence of President Singerman, the meeting was conducted by Vice President Martin. Called to order at 5:05 PM. PUBLIC DISCUSSION - Gary Sanders expressed thanks to Martha Lubaroff and Heidi Lauritzen for preparing a cost study and sending him a copy of the memo regarding the automated phone system. Sanders wanted to go on record opposing automated attendants in general, but accepted the fact that the Library had and would keep a new, automated phone system. Sanders also requested that staff continue to make closing announcements rather than use the automated announcements. Sanders closed with praise for the Library's rating in the recent Wisconsin study of the nation's libraries and the related article in the Cedar Rapids Gazette. Sanders suggested that the Library use the article in the upcoming campaign for the expanded library. Craig responded that the Library Board could not legally campaign in favor of the referendum, but she would pass on his comments to the campaign committee. APPROVAI. OF MINUTES - The minutes of the regular meeting of December 17, 1998, were approved as written. Parker/Dellsperger UNFINISHED BUSINESS Sales Tax Ballots for Other Jurisdictions - The Johnson County Auditor' s Office supplied a copy of ballot language which other jurisdictions will use in the March 30 ballot. The Trustees shared feedback they were getting on the proposed sales tax. Several members have been following a discussion on JC News, a local computer list serve. Basically, the comments have focused on the sales tax rather than the Library. As an aside, some comments on JC News suggested that the Library gave the campaign committee a mailing list to solicit support for the referendum. Craig affirmed that not only did the Library not offer a mailing list, but ICPL turned down a request by the campaign committee to supply a list. All names were taken from public documents. ICPL BOARD OF TRUSTEES January 28, 1999 Page 2 Craig talked about an informative video produced by library staff to educate the public about library space needs. The video, which will be reviewed by City Attorney Eleanor Dilkes before being aired on the Library's cable channel, shows a tour of the Library building with Craig pointing out changes in shelving, collections, and furniture arrangement since the building opened in 1981. Craig pointed out a guest editorial which had been distributed at the meeting. In the article, Jesse Singerman had expressed her opinion that the best solution for the Library's space needs is to expand the building as planned. The Board hopes to raise awareness of the issues and educate the public to the Library's needs. Phone System Analysis - The Trustees complimented Lubaroff and Lauritzen on the fine job they did to put together the memo on the new automated phone system, making it clear and informative. NEW BUSINESS Six Month Planning Review - Craig explained that reviewing the strategic plan is a way to consider what was planned and reflect on what has been accomplished. Craig pointed out that the staff has done a remarkable job in the previous six months, and commented that she expects the next six months to be very challenging. Craig then answered questions about the review. The term "Selection Team" refers to the organization of librarians into teams of librarians who select materials for related areas of the collection. The three teams are Adult Non-Fiction, Children's, and Adult Popular. The Board complemented Craig on arranging for the Iowa Department of Transportation to post generic library symbol signs on state highways around town. Trustees have been hearing positive comments about the remote site book drops recently placed on the east and west sides of Iowa City. Craig reported that the east side continues to show the largest use, but activity at both drops has been steadily increasing. Regular Policy Reviews 808 Food/Smoking 809 Conduct in Library 811 Theft of Library Materials 813 Unattended children These are regular policy reviews. Staff recommended that 808 Food/Smoking be deleted and language be incorporated in other policies. Craig explained that the language of the theft policy allowed staff to use discretion based on the severity of the offence. Nichols also mentioned that staff guidelines say that children under the age of nine will be turned over to parents. Library Board Policy revisions were approved as recommended by staff. Swaim/Greenleaf ICPL BOARD OF TRUSTEES January 28, 1999 Page 3 Request to Sponsor Spelling Bee Team - Eckholt revealed that the proceeds from this year's Iowa City Spells will be used for consumer health care and medical information. The Development Office hopes to use the income as local matching funds to apply for grants. The concept is for some of the money to be spent immediately on materials, while the rest would go to the Endowment to generate future funds. Five hundred dollars was allocated to the Library's 1999 Spelling Bee team, as requested by staff. Dellsperger/Swaim Exception to Finance Policy Regarding Disposal of Old Meeting Room Chairs - Jim Swaim excused himself from the discussion and vote on this issue, since he is involved in an organization that might receive some of the chairs. The Trustees were in favor of donating the chairs to nonprofit organizations, since the small amount that would be generated by selling the furniture would be far outweighed by the benefit that would be gained by the agencies. The City approves of disposal of property in this manner. The Board approved distribution of old meeting room chairs to non-profit agencies as an exception to the Finance Policy. Parker/Dellsperger, with Swaim abstaining STAFFREPORTS Best Library in Iowa - Craig shared an article from the Cedar Rapids Gazette, citing a recent Wisconsin study of the nation's libraries and the Iowa City Public Library's rating as the top library of its size in Iowa, and one of the best libraries in the country. Mini-Tour to See Chairs and ICN Room - The Trustees admired the new chairs in the meeting rooms and proclaimed them to be handsome and comfortable. They praised Barb Black and Maureen Delaney for their efforts in choosing the new furniture. The Trustees were impressed by the spacious and well appointed ICN room. Craig projected that the wiring would be installed the first week in March. Meanwhile, the room is being used for training for the library's new web based catalog and computer system. Craig pointed out the computer training room, which is a smaller space reclaimed when PATV moved. The training room is equipped with the new Gates Grant computer equipment, which will eventually replace REFNet. New System Training - Nichols reported that the training on the Innovative Interfaces computer system is proceeding as planned. There are a few issues to be resolved, but overall, the staff is impressed with the system and the system trainers. The staff is using the ICN room laptop computers to look at a prototype of the catalog and review the preliminary programming. The switch over from Geac to Innovative Interfaces is scheduled for April. ICPL BOARD OF TRUSTEES January 28, 1999 Page 4 DO Report - The Development Office has been basking in praise after the January 15 event, Last Dinner on the Titanic. Costs were higher than anticipated, but the proceeds should not be much less than anticipated. Eckholt was excited that the event went so well and that so many diners showed up in costume. The class distinctions were observed only in fun. Eckholt enjoyed working with Greg Black and the IMU staff, who Eckholt said did a magnificent job. The Friends Foundation Board was impressed with fund raising consultant Robert Hartsook of Wichita. Hartsook has a positive approach to fund raising: capital, sustaining and endowment all at the same time. He encouraged planning for the capital campaign, however the March 30 referendum fares. The Friends Foundation Board will review the issue at their April meeting. Pay for Print Update - Nichols reviewed the plans for the TracCard system, to be available in the Children's Room on Monday, February 1. The public will be able to purchase a vendor card to make multiple printouts or photocopies. As bugs are worked out of the system, more machines will be converted to offer the pay for print option. Simple Pleasures - The Friends Foundation's 1998 Annual Report, Simple Pleasures, was awarded a Citation for Excellence (an Addy) by the Advertising Federation of Cedar Rapids. This is the highest award given to a public relations campaign in the Cedar Rapids area. Misc Readings - Libraries have been mentioned in various publications for such diverse topics as the Smart ALEC Kiosk, the Titanic dinner, and the UI Library school. Smart ALEC - The Trustees were interested in statistics from the Library's kiosk in Sycamore Mall. Clark volunteered to prepare a report for the next meeting. She estimated that the kiosk is used 2,500 times per month. While some functions on the kiosk don't work as smoothly as others, it is hoped that the new, web based catalog will interface better with the kiosk, casing some glitches. Eckholt announce that the Smart ALEC campaign has been submitted for consideration of the 1999 John Cotton Dana award, ALA's highest award for a public relations campaign. Enrich Iowa in Governor's Budget - Iowa's Governor Tom Vilsack has included Enrich Iowa in his 1999 state budget. He has requested that the legislature fund the program at one million dollars for the first year, two million for the second, and three million for the third. The money is proposed to be distributed to accredited libraries in Iowa. Each library, regardless of size, would get a base amount. The rest of the money would be distributed based on population served. Craig predicts that the chances of the program being funded are good. Cedar Rapids Branch Closing - Craig offered sympathy to the Cedar Rapids Board of Trustees for making the hard decision to close their east side branch. Continued Education Opportunities - Trustees are encouraged to read the descriptions of the various educational opportunities and tell Craig or Lubaroff if they would like to attend. Craig recommended William R. Gordon as an interesting and articulate speaker. ICPL BOARD OF TRUSTi~J~S January 28, 1999 Page 5 ANNOUNCEMENTS FROM MEMBERS Swaim questioned a piece he heard on National Public Radio about a library in California being sued for not providing a filter on its Internet access. Craig responded that libraries are being sued both for having and not having filters. The issue is being debated nation wide. Craig and the staff follow the debate with interest, and will share pertinent materials with the Board. At this time, it seems that courts are ruling in favor of not having a filter. Green reported that there have been no comments in the Children's Room one way or the other. The problem she sees is trying to limit use of the multimedia to two kids at a time. Green explained that the computers in the Children's Room serve as access points for both multimedia and the Internet. Swaim questioned how ICPL would be affected by recent news about Access Iowa, the state funded project to provide state information and services over the Internet. Clark responded that we will know more after the fall ILA conference. Lisa Parker enjoyed a round of applause from the Board for her recent award as Small-Business Person of the year. PRESIDENT'S REPORT by Mark Martin, Vice President Martin praised Kate Milster and Larry Eckholt for their efforts to reproduce the Last Dinner on the Titanic. He called it a brilliant event, with results that cannot be measured by profit alone. The Trustees unanimously echoed the sentiment. Eckholt added his praise to Milster for organizing and keeping up with the reservations. Eckholt invited everyone to watch for the next issue of the WINDOW, in which photos taken at the event will be displayed. He added that he hopes to work with Sara Brown to mount a Titanic display in the Library's lobby. FINANCIAI, REPORTS Six Month Gift Accounts - The six month gift report is doing well. Although the salary account has a negative numbor, funds will be deposited soon. Six Month Receipts - Craig noted that the drop in vending income is due to the changeover in ownership of the Library's vending supplier. Several months' commission had not been sent by the time the report was prepared, but were immediately forwarded as soon as Library staff pointed out the lack. Taking those amounts into account, the vending fund is up 31.1% over this time last year. Craig was mildly concerned that the Enterprise fund is down. She pointed out that photocopy income is down, most probably because of Internet access. Nichols expressed the hope that upcoming Pay- for-Print will offset the downward trend. At this point, all photocopy supplies for staff and public machines are funded by income from public copies. If this becomes no longer practical, payment for staff photocopies may be shifted to the supplies budget. ICPL BOARD OF TRUSTF~I~S January 28, 1999 Page 6 Six Month Expenditures - Craig reported that expenditures are at 52 % of the budget. This is a good amount at this time of year. USE REPORTS Six Month Output Statistics - An updated version of the Output statistics was distributed at the meeting. Building use is down. Circulation is down 4 % over this time last year. The Trustees asked if the drop in statistics was due to the new Coral Ridge Mall. Craig explained that several factors are at work, Coral Ridge being one of them. Traditionally, a major factor in library use is the economy. It has been proven that libraries are more heavily used in poor economic times. Times are good in Iowa: libraries all over Iowa are reporting similar drops in statistics. Another factor is Internet availability. Craig noted that the biggest drops in ICPL circulation are in the non-fiction print collection, the area most likely to be searched on the 'net. The circulation of Fiction remains steady.- Craig remarked that a 5 % drop in circulation is not cause for alarm. The Trustees questioned the method of measuring use on the Netsape computers. Clark explained that the current method is to have the pages make a mark any time a computer is requested. One reason Netscape use is up significantly is that there are four more computers available than were available most of the first six month last year. Even taking that into account, Netscape use is steadily rising. Six Month Circulation by Area/Agency - Craig explained that the numbers in this report represent books checked out by individuals who live in other cities. She said that software is not yet available to track items checked out by Iowa City residents at other libraries. Some of the percentage jumps for small libraries look more impressive than they are, since a few items checked out can make a significant difference when the numbers are so small. The Trustees asked Craig to pass along this report to the Campaign Committee. While sales tax paid by residents of other communities would benefit' Iowa City, outside residents also use Iowa City resources. DISBURSEMENTS - Visa expenditures 'for December 1998 were reviewed. Disbursements for December 1998 were approved. Dellsperger/Barklay AGENDA FOR FEBRUARY MEETING Hours of Service (Library Calendar) for FY2000 Nominating Committee Appointed for FY00 Officers ADJOURNMENT - The meeting was adjourned at 6:35 pm. Parker/Dellsperger Notes taken by Beth Daly MINUTES PARKS AlqD RECREATION COMMISSION JANUARY 13, 1999 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS: Craig Gustaveson, Judith Klink, Bruce Maurer, Matt Pacha, Rex Pruess, Allen Stroh, Kathy Wallace, Ross Wilburn Barbara Endel Terry Trueblood, Mike Moran, Terry Robinson, Marcia Klingaman, Bob Miklo Merle Neubauer, Tony Malkusak FORMAL ACTION TAKEN Klink qualified her statement regarding the Busses donating property in the Miller/Orchard neighborhood by stating it would depend on how the Ruppert land is developed and its zoning (page 4). Moved by Pruess, seconded by Maurer, to approve the January 13, 1999 minutes as written, with the above clarification. Unanimous. Moved by Pruess, seconded by Stroh, to suDDort submission of an application for CDBG funds to purchase one-half of the Braverman DroDerty in the Miller/Orchard area, with a commitment that funds would be used to purchase the remaining one-half and to develop the land into a neighborhood Dark. Unanimous. PUBLIC DISCUSSION Merle Neubauer addressed the commission with respect to the City acquiring land to the west of Ryerson's Woods in order to expand the park and to keep the land in its present natural state. He did not know who owned the property. Trueblood indicated staff would determine who the property owner is, and would provide this information at the February commission meeting for whatever action the commission may wish to take. (It was subsequently determined that the property in question is already part of the park. Mr. Neubauer was informed). APPOINTMENT TO RIVERFRONT ~ NATURAL AREAS COMMISSION Pacha asked for a volunteer to serve on the RNAC; there were none. He stated he could appoint someone or the commission could consider discontinuing its participation as an official member of the RNAC. Wilburn asked if it was a voting position and if there have been any occurrences in the past where it has been a crucial vote; Pruess indicated he was unaware of any. Stroh indicated based on his experience (served for six years as a University representative), the person has been asked to advise on occasion. Parks and Recreation Commission January 13, 1999 Page 2 Wilburn indicated his inclination was to terminate the seat given within the last couple of years when certain common areas have arisen, such as the peninsula area, a joint committee has been appointed. Pacha agreed with Wilburn, indicating the commissions could exchange agendas and minutes. He stated it has been difficult to fill this position each year because of the time involved in serving on two commissions. Pruess indicated he would not like to sever the commission's representation, but acknowledged the time commitment. Trueblood indicated if the position was eliminated, staff liaisons could apprise each other when an issue arises where either commission's input is needed. Staff will investigate what action is needed to cease the commission's representation on the RNAC. FEBRUARY COMMISSION MEETING Pacha indicated he and staff had a conflict with next month's regular meeting date. After discussion, it was determined next month's meeting would be held on Tuesday, February 9. CIP PRIORITIES Trueblood distributed the current tentative schedule for the department's CIP projects in groupings of fiscal years, which listed the estimated cost and the commission's priority order. He stated the City Council and City Manager have determined the overall CIP budget needs to be reduced over the next five years, with the projects funded by G.O. bonds being considered for delay, reduction or elimination. Trueblood asked the commission to review the schedule to determine what their high priorities are that they would like to see accomplished over the next two years. The Iowa River Corridor Trail-West Bank from Benton street to sturgis Ferry was listed under FY2004 and beyond, with the estimated cost'being approximately $1,000,000. Pruess noted it was the commission's number one priority and he would like to see it moved up. He stated it was a safety and transportation issue with very little, if any, sidewalks south of Benton Street. It is hard to traverse this area by bicycle or foot, noting a fatal accident which occurred when a pedestrian was hit by a drunk driver. As a recreational issue, the trail will connect to Sturgis Ferry Park and make it possible to get to Ryerson's Woods other than by car. He also noted it has been on the Stanley Plan for 20-30 years, and it is the city's obligation to provide safe access to all businesses that it allows to be built. Pruess indicated the project would be eligible for numerous grants, which could possibly cut the estimated cost by one-half. Klink stated this section is a core part of the Iowa River Corridor Trail, which would be very Parks and Recreation Commission January 13, 1999 Page 3 visible and would help in adding accessory trails. The consensus of the commission was that contingent on grant funding, it would like to see the Iowa River Corridor Trail-West Bank moved forward. MILLER/ORCHARD AREA Trueblood reported Mace Braverman is willing to entertain offers from the City to purchase his land in the Miller/Orchard area, but would not be able to donate any part of it. Marcia Klingaman and Steve Nasby with the City's Planning and Community Development Department have indicated it may be possible to get CDBG funds to support 50% of the cost. Klingaman stated the Miller/Orchard area meets the CDBG eligibility requirements. She reported Braverman indicated the property had been appraised at $125,000, and the City would conduct its own appraisal. The application will be submitted on behalf of the neighborhood association. Klingaman indicated she needed a commitment from the commission that it would use parkland acquisition funds to purchase one-half of the property and would commit funds to develop the land into a neighborhood park. Moved by Pruess, seconded by Stroh, to suDDort submission of an aDDlication for CDBG funds to purchase one-half of the Braverman property in the Miller/Orchard area, with a commitment that funds would be used to purchase the remaininq one- half and to develop the land into a neiqhborhood park. Unanimous. NORTHEAST DISTRICT PLAN Bob Miklo from the City's Planning and Community Development Department presented and discussed the draft of the Northeast District Plan. He noted during the process of developing this plan objections were raised to the proposed extension of First Avenue connecting to the Captain Irish Parkway. The objections were that it may have a negative effect on Hickory Hill Park and would increase traffic for neighborhoods along First Avenue. First Avenue traffic studies were conducted revealing that traffic presently cuts through older neighborhoods. The plan includes extension of First Avenue and a diagonal route. Another concern expressed was development of the Larson property adjacent to Hickory Hill Park. The plan calls for up to a 150 to 600 foot buffer between the park and where development would occur. Miklo stated a question had been raised as to whether or not there should be a parking lot/vehicular entrance into the east end of the park. Stroh referred to a mini-master trail plan for Hickory Hill Park which included a north/south trail and an east/west trail, which Parks and Recreation Commission January 13, 1999 Page 4 may be helpful to review in considering any adjacent development plans. Trueblood indicated there presently is a pedestrian entrance on the east side of the park, but the adjacent Glasgow property would need to be purchased in order for a parking lot to be constructed. Stroh noted during the trail planning exercise citizens felt strongly that Hickory Hill Park should be preserved and left alone. Trueblood stated the City Council may want a statement or recommendation from the commission with respect to the extension of First Avenue and development of the Larson property as to the impact or non-impact to Hickory Hill Park. Miklo stated the proposed plan includes a buffer between the park and future development, and any development of property would need to go through the rezoning process. If more buffer is desired, the City may need to spend some money to acquire land for this purpose. Pruess stated he would like to see the park left alone and no parking lot in order to try to protect Hickory Hill Park. Klink indicated she was not ready to vote on the proposed First Avenue extension; Stroh indicated the commission should not go on record until the Captain Irish Parkway issue is dealt with. The consensus of the commission was that they did not want to have a parking lot entrance from First Avenue developed at the east end of the park, that there be a buffer/protector between the park and any development, and in general to consider the impact any development may have on Hickory Hill Park. RIVERFRONT & NATURAL AREAS COMMISSION REPORT Pruess reported last month's meeting consisted of presentation and discussion of the Northeast District Plan. PARK a RECREATION FOUNDATION REPORT Pacha reported the Scanlon Gymnasium's tentative grand opening/dedication ceremony was scheduled for sometime in May. COMMISSION TIME Klink stated a recent West High School newspaper contained two articles on skateboarding; one enthusiastically recommending support for skateboarding and the other a cross analysis on what it costs to participate in the sport. Wilburn encouraged members to view the bald eagles along the Iowa River. Gustaveson stated he had talked with several parents regarding the skateboard park, and they would like to see such a park built. Parks and Recreation Commission January 13, 1999 Page 5 CHAIR'S REPORT Pacha reported he and Trueblood will be attending the budget work session tomorrow night. He will address the City Council with respect to approving additional maintenance workers in the Parks Division to support their commitment to the Neighborhood Open Space Plan and parkland acquisition. Pruess indicated it should be noted that the funding source for the Parkland Acquisition Fund was also taken away. Klink felt it was also important and necessary that the natural areas manager position be approved. DIRECTOR'S REPORT Trueblood reported on the following: Wetherby Park Development. Staff will be meeting next week with the two neighborhood associations to discuss development concepts for the park. Willow Creek Trail. An application with the Iowa Department of Transportation for funding has been submitted, with the possibility that this project will be let for bid in the next two to three months. Iowa City Kickers. Another contribution in the amount of $160,000 has been pledged by the Iowa City Kickers to be used for construction of a concession stand/restroom building at the Iowa City Kickers Soccer Park. This brings their total contribution towards the soccer park to $360,000. Downtown PlayGround EcruiDment. The committee requested three different color schemes for the playground equipment and more ground level activity areas for the disabled and young children. The committee will be meeting to choose the color scheme. Drawings were displayed. Recreation Division Revenues and BudGet. An up-to-date summary based on the City Manager's recommended budget was distributed to the commission. The meeting was adjourned at 7:00 p.m. MINUTES PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 21, 1999 - 7:30 P.M.. CIVIC CENTER COUNCIL CHAMBERS ' ELIMi 'PR Subject to .eproval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Dean Shannon, Marilyn Schintler, Lea Supple MEMBERS ABSENT: None STAFF PRFSFNT: Jeff Davidson, Bob Miklo, Scott Kugler, Sarah Holecek, Melody Rockwell OTHERS PRESENT: Beth Schenkel, Bennett Brown, Lynn Myers, Jim Spratt, Stephen Locher, Mike Pitton, Bob Burns, Jerry Williams, Margaret Gugliano, Jacki Brennan, Mike Maktabi, David Wilder, Mike Mullinnix, Kevin Houlahan, Teri Garrett, Jack Young, Terri Larson, Mary Ann Dennis, Patti Williams, Charlie Eastham, Erin Lederhaus, Steven Kohli, Ralph Stoffer, Jason Aird, Carlos Roddguez, Celeste Cook, Bryan Dixon RECOMMENDATIONS TO COUNCIL: Recommended denial, by a vote of 1-6 on a motion to approve, with Schintler, Shannon, Bovbjerg, Supple, Ehrhardt, and Gibson voting no, of REZ 98-0019 an application submitted by GICHF Limited Partnership for a rezoning of 2.78 acres from Low-Density, Single-Family Residential (RS-5) to Sensitive Areas Oveday (OSA-5) to permit a 14-unit residential development on property located at the northeast corner of Duck Creek Drive and Rohret Road. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITFM NOT ON THE AGFNDA: There was none. ANNOUNCFMENT 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. COMPREHENSIVF 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. Jeff Davidson stated he was available to address questions concerning Northeast District transportation issues. He said after reading through the minutes of the previous meeting, he believed there were two main issues: 1) the timing of Captain Irish Parkway and/or the First Avenue extension (and the Council's position on this) and 2) the question of the necessity for the First Avenue extension. In response to the first issue, Davidson said both projects are currently planned for Fiscal Year 2002, consistent with the referendum on the First Avenue Planning and Zoning Commission Minutes January 21,1999 Page 2 extension. He said Council has full flexibility to complete one extension before the other, complete both at the same time, not complete one, etc. In any case, between FY2000 and FY2002, the City will need to extend a water main from where Captain Irish Parkway now terminates south along the First Avenue right-of-way. In response to the second issue, he said it appears the same evidence is presented for both sides; it's the same evidence, but different conclusions are drawn from that evidence. The existence of the hill on the existing pad of First Avenue is perceived as a significant problem for some, yet not a problem for others. The ability of school children to get to school is a manageable issue for some, yet others see it as a significant problem. He said the answers to these questions are subjective judgments and the decision will ultimately be determined by whether this project is perceived to be manageable. Bovbjerg said she is concemed about the hill north of Rochester Avenue and asked what kinds of traffic calming could be used. Davidson said the vertical and horizontal curvature of the hill is a traffic-calming feature for the vast majority of people, who exercise the proper degree of caution. He noted that the hill will cause people to slow down and that posted speed limits in this type of situation would be largely ineffective. He said stop signs are sometimes erected as an effort towards traffic calming; however, the City prefers to use stop signs to stop traffic where it's needed, rather than to slow down traffic. Another suggestion has been an offset in the street, which is the type of measure used routinely on collector streets. He said this is not something staff would recommend for an arterial street. Bovbjerg said another concern is having to stop at a stop sign or stop light when it is icy and whether the area would be cleared quickly by snow plows. Davidson said if First Avenue were extended, it would receive a higher level of snow maintenance than it does currently. He said it is not currently an arterial street north of Rochester Avenue, because it does not connect with other arterials. If the street becomes a bus route, which has been suggested by the transit manager so that the North Dodge route and Rochester route could be combined, it would receive the highest level of snow maintenance. He added that a portion of the hill does slightly exceed the City's arterial street design standards. There is a portion of the slope that is ten percent. Arterials are generally limited to no more than an eight percent slope. However, there are other arterial streets in the City that exceed the standard. Shannon questioned whether Captain Irish Parkway was still funded through Fiscal Year 2002. Davidson confirmed that both First Avenue and Captain Irish Parkway are "funded" in the Capital Improvements Plan (CIP) for Year 2002. He said Captain Irish Parkway is in the CIP as approximately an $5 million project and First Avenue as a $1.5 million project. City Council originally thought the City should complete both projects at the same time with the same contractor, because it would be more economical. Davidson cautioned that the Council could decide to complete the projects separately. Schintler asked if First Avenue north of Rochester Avenue is the same width as Rochester Avenue and Court Street. Davidson said he believes the street widths are the same. Although they were constructed several years apart, their design standards were very close. Ehrhardt asked about the reasons for accelerating the date of completion for Captain Idsh Parkway. Davidson said the decision to move both projects to the same year was motivated by . having one contractor mobilized on the site, working on them at the same time. The First Avenue extension was perceived by most people as something that would be relatively easy and could be added onto the Captain Irish project. Also, because the water main needed to be built anyway, Council felt they should complete the projects all at once. Planning and Zoning Commission Minutes January 21,1999 Page 3 Ehrhardt asked Davidson to compare the Captain Irish Parkway alternative plan route with the City's proposed route. Davidson said he agreed with the philosophy behind the alternative route. The more convenient and direct Captain Irish Parkway is with a connection tQ North Dodge Street, the more it will motivate motorists to use it. Davidson stated he felt both the City alignment and the alternative alignment were fairly direct. He said everyone has a perception of travel time and will go out of their way to save time, not necessarily distance. The more direct and uninterrupted the street, the more it will be used for traffic circulation in east Iowa City. If everything is equal, First Avenue will be used by more people. However, if motivation is built into First Avenue on the negative side to slow traffic down, and Captain Irish Parkway on the positive side to speed traffic up, the differences will be mitigated. He believes the subtle differences between the plans do a good job of addressing these issues. Ehrhardt asked if the alternative plan may change to make the route more direct when it is being designed. Davidson said that it could. He noted that some people have pointed out the alternative plan increases some of the cuts and fills, thereby causing disruption to the existing terrain. Gibson noted that the traffic models Davidson used suggested traffic counts in excess of 20,000 vehicles per day on First. Avenue. He questioned the likelihood of this. Davidson said the traffic model generates traffic based on ease of movement and most direct path; it does not take into consideration the actual capacity of the street to accommodate the traffic. Davidson said Kirkwood Avenue, dudng peak periods, is the most saturated street in Iowa City. Its daily traffic volume is from 12,000-16,000 vehicles per day. He said he does not believe that 21,000 vehicles could be accommodated on First Avenue. There are alternative routes available that would be used instead. Ehrbardt asked about a dotted line on the map of the Northeast District Plan. Kugler stated that this is an area occupied by a large-lot existing home. The plan leaves open the possibility for redevelopment of the area and inclusion of a street connection if the owners would wish to do this in the future. Staff has not proposed redevelopment of this area or of similar parcels with homes. Public Discussion: Bennett Brown. 802 E. Washington Street. questioned whether the extension of First Avenue is necessary and, if it is necessary, he asked what will happen when it is completed. He showed the Commission a map he had made with common destination points (schools, commercial centers). He said the question actually should be, what traffic will use the First Avenue extension. Brown said City staff pointed out that traffic headed for the destination points of the schools and commercial centers along First Avenue would want to use First Avenue whether or not First Avenue were extended or Captain Idsh Parkway were extended. He said staff argued that if Captain Irish were extended, but not First Avenue, traffic proposed to use Captain Irish would cut back through neighborhood streets and use First Avenue anyway. Further, staff argued that traffic congestion and impacts on the schools on First Avenue are going to occur no matter which plan is followed. Therefore, staff believes that in order to address problems along First Avenue, it makes sense to extend First Avenue. Brown questioned whether the traffic was actually headed to the destination points listed by staff. He noted that school traffic generally comes from homes and neighborhood commercial traffic generally comes from within the neighborhood. He said the question then becomes not who uses First Avenue, but who will use the extension. He argued that the extension would be Planning and Zoning Commission Minutes January 21, 1999 Page 4 used primarily by people seeking what is on the other side--the two major employment centers (NCS and ACT) and Interstate 80. People would either be driving from their homes to work at NCS or ACT, or to use 1-80. Other main users would be industrial traffic that is headed out of town. Brown said the sites omitted from the staffs list are those along Highway 6. He said it appears that extending Scott Boulevard would be most attractive for traffic driving from the industrial area. As for the homes, he pointed to the map which showed that most homes are roughly centered between First Avenue and Scott Boulevard, No matter which street is extended, people would use neighborhood streets, then collector streets, and then finally arterial streets to get to 1-80. Anyone west of First Avenue would probably still go west to get to 1-80. Brown pointed out traffic counts on his map that were collected in 1998. He said although he had not studied traffic modeling, it appeared that the model Jeff Davidson referred to was showing traffic coming from the existing First Avenue. Upon review of his findings, he believes that an alternative route needs to be found for commuter and truck traffic. Gibson said he thought Brown's argument was inconsistent, because Brown first stated that traffic was generated by the collector and local streets feeding to either First Avenue or Scott Boulevard and then stated that traffic is being generated by Highway 6, at the south end of First Avenue. Brown clarified that he sees two traffic patterns. One is created by people who live between First Avenue and Scott Boulevard commuting to NCS, ACT, and 1-80, and will use whichever street is extended. The second is from people commuting or trucks accessing the Highway 6 commercial centers. He said this traffic needs to use Scott Boulevard. Gibson said Brown also mentioned that traffic would continue to use Dodge Street, and questioned whether Brown saw no benefit for the community in reducing the amount of traffic on Dodge Street. Brown said he agrees that they need to look at how the extensions will affect traffic across the City. He argued that traffic will continue to use Dodge Street, Governor Street, and Rochester Avenue, because the First Avenue extension will not be able to handle all of the traffic. However, if Scott Boulevard were extended, there would be less east side traffic that would use First Avenue as a means of getting to Dodge Street and the other arterials. Shannon noted that trucks do not currently use First Avenue. Brown said this is correct and his argument is that there needs to be another way for trucks to leave town even if the First Avenue extension is completed. Davidson said he wished to clarify that there is not an official embargo against trucks on First Avenue, but the City Council may want to do that if First Avenue is extended. By state law, an ordinance must be adopted by the City Council for this to occur. Gibson asked whether Brown's argument was, because there is a strong desire to use First Avenue, the City should not build the extension. Brown responded that this would be up to the Commission to decide. His opinion is that the First Avenue extension is a desirable route; however people's desire for it negatively impacts the entire city. Lynn Myers. 315 Amhurst Street, said he appreciated the seriousness and thoughtfulness of the discussion. He said he spoke at the last meeting and instead of reviewing facts and figures again, he now wished to talk about the larger picture. He placed a shaded area on a map on the overhead projector that showed that the area bounded by Dodge Street, 1-80, and Rochester Avenue is similar in size to the area bounded by Rochester Avenue, Scott Boulevard, and Highway 6. He showed how Court Street and Muscatine Avenue serve an important purpose, and said through streets are needed in the similar-sized Bluffwood Neighborhood as well. He said although housing densities and the use of the land differ in the two districts, they need to remember that streets are used not only by those in the neighborhood, but also those from other parts of the community. Perhaps if there had been a similar discussion 50 years ago about the area south of Burlington Street, there may have been precognition about the need for more than just Gilbert Street and First Avenue to serve those neighborhoods. He said he believes the City Planning and Zoning Commission Minutes January 21, 1999 Page 5 can do something right now about alleviating traffic problems that may occur in the future. Myers noted that it has been said that a Captain Irish and Scott Boulevard connection is an alternative to the First Avenue connection. He came up with a different answer. He said that to him Captain Irish really looks like an east/west arterial designed to take traffic from Dodge Street to Scott Boulevard. Scott Boulevard is a north/south arterial, not an east/west arterial. It cannot serve both purposes. He believes Scott Boulevard would serve as an arterial about as well as Dodge Street. Dodge Street does not seem to do a very good job when people have to go east or west after they leave that arterial. He said if streets do not provide a means for traffic to reach destinations using a First Avenue extension, Scott Boulevard would be required to serve that purpose. Scott Boulevard does a good job of this right now, but probably will not be able to handle the amount of traffic that will occur with the development of Lindemann Hills and with the growing city of West Branch. Because the area will continue to grow, he believes the City should not try to force First Avenue traffic onto Scott Boulevard as well. Jim Spratt. 653 Larch Lane, said in reference to the comments by the previous speaker, the perimeters of the districts are the only thing that are comparable. He said the topography is completely different and causes a multitude of problems. He commented that Chicago, Illinois has eight blocks to a square mile that are north/south/east/west. This is not what Iowa City is dealing with and there cannot be generalizations made by looking at the similar size of two segments of the City. Spratt said he wondered if the topography would be conducive to having First Avenue north of Rochester Avenue veer off to the west a bit. He said the current First Avenue could then be used for local access only. The street would veer slightly to the left to maintain a more consistent elevation, that is, to have a less severe slope on an arterial street. Davidson said Bruce Glasgow owns a sedes of lots along First Avenue between Regina and First Avenue. He said Mr. Spratt seems to be saying that First Avenue would be re-routed along a parallel street and the existing street would essentially become a collector street. Davidson said this idea has not been considered because First Avenue is relatively new. It could be done, but would be very expensive. Gibson questioned how they would avoid the slope if the street veered off at the same departure point. Spratt responded that only local traffic would have to deal with the hill, not through traffic on First Avenue. The area of the hill would be similar to a frontage road. Spratt said this may be more difficult, more costly, and perhaps make enemies because it would be a more convenient First Avenue through route. However, he wanted to ask the question to be sure alternatives had been looked at. Miklo said that the route was brought up by another citizen; however, staff did not look at it closely because the expense of rebuilding the street would be prohibitive. Steve Locher. 839 Bluffwood Drive, said he has been a representative for the Bluffwood Neighborhood for the past few years. He attended all of the citizen planning meetings and witnessed the effort that has gone into the plans. He said he is glad to have been a part of it and hopes that the Commission will not feel pressured by any short-term considerations. He said if both street projects were to happen, he would like to see the First Avenue extension and Captain Irish Parkway completed at the same time. He wished to reiterate the fundamental objectives that resulted from the Northeast District planning meetings: preserve the environment around Hickory Hill Park, make the area safe for children and for motorists backing out onto the street, and preserve the neighborhood. He noted that 11 groups out of 13 who participated in the Northeast District planning workshops wanted to avoid the First Avenue extension, not just because of their "own backyards," but because of concerns for the whole area and for the community. He requested that the Commission not make their decision hastily and that they try to preserve the spirit of those objectives that came out of the citizen planning process. Planning and Zoning Commission Minutes January 21,1999 Page 6 Mike Pitton. 2772 Hickory Trail. said he lives at the northernmost east/west street off of First Avenue as it presently exists. He has children who attend City High and Regina and recently relocated here from Minneapolis, Minnesota. He said he understands traffic congestion and has dealt with land use litigation as an attorney. He said he gets the sense that this situation is like a snowball rolling down a hill and is about to end in a colossal mistake. He said there still seems to be time for options that would avoid very serious problems. He said at first glance, a convenient route to Interstate 80 seems great, but he now realizes the ramifications of traffic traveling from Highway 6 into the residential neighborhoods, because of the convenience of the First Avenue extension. Gibson asked why motorists on Highway 6 would not use Scott Boulevard. Pitton said when a person is traveling from the many businesses on Highway 6, Scoff Boulevard seems fairly distant compared to First Avenue, because it requires the motorist to travel further east. Pitton said he feels that traffic controls on First Avenue will defeat the purpose of what is trying to be accomplished. Regarding the hill north of Rochester Avenue, he is concerned about the appeal of the hill for children who ride bikes. There may be traffic calming measures, but these will not stop children who play in the area or help stop traffic in icy conditions. He added that traffic increases as motorists attempt to cross First Avenue from Rochester Avenue and Court Street during school time. Because of these problems with First Avenue, he believes Scott Boulevard clearly makes more sense and provides the alternate route that is needed in the city. He stated that directing traffic to a route that everyone agrees cannot handle the traffic, with the assumption that the route will be so inconvenient people will go elsewhere, makes no sense. In summary, he stated that in a forward-thinking town like Iowa City, Scott Boulevard-without the residences, without the problems, and with a more direct route-seems to be the clear choice. Public discussion closed. Motion: Chait moved to defer to the February 4, 1999, Commission meeting, the 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. Bovbjerg seconded the motion. Supple suggested that the Commission spend approximately 30 minutes with discussion and that they first express their opinions on First Avenue and how this should go forward. Bovbjerg commented that their decision on First Avenue will be very central to what happens even though Council has the final say. She asked whether the Commission also wanted to defer any decision on First Avenue until February, because people on the Commission may not be ready to vote. Ehrhardt asked if Bovbjerg felt that a vote on First Avenue was appropriate. Bovbjerg said she did not know if everyone felt they had enough information. Members agreed that they would only discuss First Avenue, and Captain Irish Parkway as it relates to First Avenue at this meeting, and defer the remainder of the discussion about the Northeast District until the next meeting. Ehrhardt stated she wanted to use the David Forkenbrock letter as a basis for the First Avenue discussion. She thought the letter presented a good compromise. The recommendations in the letter included: simultaneous construction, a speed limit and stop sign to calm traffic on First Avenue, and a resolve to ensure the good things about the plan are implemented. Supple asked if the definition of "simultaneous" meant that the projects would begin or end at the same time. Ehrhardt stated that she believed Captain Irish Parkway should be constructed first. Supple said this was her preference as well. Planning and Zoning Commission Minutes January 21, 1999 Page 7 Gibson said if the Commission is ultimately interested in having the First Avenue extension, building Captain Irish Parkway first would be politically naive without having first made the decision to complete both. If the decision had not been made, the Commission and City Council would have to review the same arguments again in two years. He believes the decision needs to be made now and followed through. He believes that whether one is completed several months before the other makes no difference. The construction of both streets should proceed approximately simultaneously, because building only one would be a terrible political error. Gibson said he personally believes First Avenue is an important street and that the community needs to move forward on it. Bovbjerg asked if the timing of one before the other would be a problem. Gibson said he is most concerned about not building First Avenue and then waiting to see what happens. The construction should be as simultaneous as possible. Gibson said this is a political issue in the community and needs to be dealt with now. Bovbjerg agreed that a "wait and see attitude" would be a problem politically. She said they have had to deal with problems that stemmed from parcels of land not developed in conjunction with a long-range plan. She said this is what opened up the idea for the long-range planning that the City has done. She said if there are good reasons (i.e., traffic, topography, planning, ownership) for putting in certain roads, the Commission should make that recommendation and the Council should politically say that this is best for the town. If a Council member cannot take a stand on an issue, they should not be in a political position. She said she agrees that the Commission should make a decision on whether they want both the First Avenue extension and Captain Irish Parkway and if so, whether they should be built simultaneously. Ehrhardt asked if both of the street projects could be built simultaneously and opened simultaneously. Davidson said the timing should not be a problem, because a street could be built and not opened to traffic until it was deemed the correct time to do so. Given the opportunity, the City would try to build both projects in a single season. Weather could delay one or the other, but a political decision not to open a street could be made by the Council. Ehrhardt also wanted the alternative route to be the most direct, yet environmentally friendly. She said she did not like the idea of having a more northern route just because there were more opportunities for development. Davidson said Ehrhardt may recall that City Council told them exactly where it wanted the existing part of Captain Irish Parkway to go and the Council can say exactly where it wants the remainder of the street to go. Chait said the Commission previously had a discussion around how Scott Boulevard turned into Captain Irish Parkway at the intersection of Scott Boulevard with Rochester Avenue. He questioned why Scott Boulevard does not extend further north and why Captain Irish Parkway is not more east/west. Miklo said this concern was raised in Lea Supple's memorandum to the Commission. He pointed to the map of the intersection and said this is simply a schematic on how that intersection could be designed. Chait said he would prefer to have an intersection where Scott Boulevard continued north and to have' Captain Irish Parkway meet Scott Boulevard at a right angle. Ehrhardt asked if an intersection with a stop sign or stop light would discourage traffic as opposed to a continuing street that curves. Supple said if Captain Irish Parkway were to meet Scott Boulevard straight on at Rochester Avenue, they both would end and their value ends. Supple said she does not believe motorists would be deterred from using the streets because of the intersection. Davidson said that what Supple discussed was in the original design, but there was a later decision to favor the connection of Rochester Avenue and Dodge Street. The end result was to eliminate the intersection. The curved route emphasizes the connection with North Dodge Street. Miklo asked if there would be a bottleneck with the intersection. Davidson said that travel time is Planning and Zoning Commission Minutes January 21, 1999 Page 8 what motivates people and eliminating the intersection would reduce travel time. A four-way stop versus an uncontrolled turn would have a significant impact on travel time. The Commission would have to decide what they want to emphasize, the connection with North Dodge Street or the future plan for Scott Boulevard to cross the Interstate. Supple noted that the extension of Scott Boulevard north across 1-80 will not happen for a long time. Davidson said it is not yet in the City's Capital Improvements Program. Supple argued that you would really not end up with an intersection for the foreseeable future, because Scott Boulevard would not be extended and there would just be a corner there for a long time. Davidson agreed that initially there would just be a corner at the intersection. Gibson asked if there was anything at the Comprehensive Plan level that forces a decision on this issue. He said he believed that the street and intersection could be designed in a rather ambiguous way that would accommodate the current opportunities and still leave future options open. Davidson agreed. Davidson noted, however, that there has been much attention paid to being more specific in the design of the Northeast District and the alternative plan. Supple said if the concept plan were not so specific, she would not be as specific. Gibson said he thought the same thing and said he thought it may be wise to hold off on this and see what future information is available. Bovbjerg said there are consequences along with this decision. She said in designing a truck route to go towards Dodge Street, what is developed near the loop is very important. If Scott Boulevard will not be extended for many years and trucks will use this loop, the Commission's decisions about the area will be significant. Davidson noted that trucks traveling east from the industrial areas in southeast Iowa City are using Scott Boulevard and Hoover Highway to access 1-80, and trucks traveling west are currently using Highway 6, Highway 1, and then U.S. 218 to get to Interstate 80. Chait said the discussion about the Comprehensive Plan is a long-term conversation, but the focus at this meeting was to be First Avenue. He stated he believes First Avenue needs to go through to Captain Irish Parkway, because of its location (directly between the middle of Govemor Street and Scott Boulevard). He said there are concerns surrounding how that happens, which are important, but the extension is an immediate concern, not a long-range concern. He said the Commission should get a consensus of where it stands on whether First Avenue should go through. He said he believes the extension should go through and said he is willing to discuss any concerns surrounding this with the community. Bovbjerg asked if Chait's decision took into consideration the Scott Boulevard/Captain Irish Parkway decision. Chait said he agreed that the completion of Captain Irish Parkway needs to happen at the same time as the First Avenue extension. Bovbjerg said that she agrees with Chait. She believes both are necessary and need to be completed at the same time. She said that she believes there are ways to build these streets that could be considerate. Chait said it makes more sense to him for truck traffic to go over Interstate 80 and connect with Highway 1 rather than taking the route where Captain Idsh Parkway is, because the area surrounding Captain Irish Parkway will be more residential. Schintler said that she feels both the First Avenue extension and Captain Irish Parkway should go through. She said they should look at slowing down traffic on First Avenue and agreed that the timing should be as close as possible. Shannon said First Avenue seems to be the spine of everything--all traffic seems to generate from it. Although people do not want it, motorists will drive where they want. He added that traffic is already calm on First Avenue, because it is impossible to make any time on it. If people really want a faster route, they will use a different route. He said he believes Iowa City needs Planning and Zoning Commission Minutes January 21,1999 Page 9 more streets rather than less. He said friends from the Twin Cities have commented that Iowa City does not have enough through streets that go anywhere. Supple said she believes if you build it, they will come and if you don't build it, they will come. She said there are many attractions on and along First Avenue and people need to be there. Therefore, she believes it is most advantageous to connect First Avenue in order to get people on and off' First Avenue as quickly and conveniently as possible. Not quickly and conveniently for the motorists, but for the overall traffic in the City. She said she feels it is imperative to complete Captain Irish Parkway and Scott Boulevard first in order to establish certain driving habits and patterns for people who actually belong on Scott Boulevard, but may not know it. In addition, she is concerned that if First Avenue is completed first, the impetus to complete Captain Irish/Scott Boulevard will not be there because of its great expense. Chair added that the ease of travel on Scott Boulevard and Captain Irish Parkway can be significantly greater than on First Avenue with the restrictions that may be designed into it. Gibson said although he has made it clear where he stands on this issue, he would like to make some points about what contributed to his decision. One is that he believes that the Commission cannot be called upon to protect Hickory Hill Park in the manner that was requested or suggested in terms of denying the construction of First Avenue. If Hickory Hill Park is going to be protected, the property will need to be purchased by someone and in effect, the boundaries of the park will be expanded. He said his second point is that this is first and foremost a community issue, not a neighborhood issue. Gibson said he appreciates all those who attended the meetings, but he believes one of the problems they have had in the Iowa City community is that too much emphasis is placed on some neighborhood issues when there are community issues at stake. He said the Commission has heard from almost no one from outside the neighborhood and oftentimes, the most interested party is not present. He said only a couple of people have been interested in the community-wide transportation and traffic rather than the street's impact on the neighborhood. He said he believes the First Avenue extension is very important and the Commission will do wfiat they can to mitigate the impact on the neighborhood. He added that he would like to see First Avenue completed first, but said he will agree with simultaneous completion. Bovbjerg said one of the benefits to the neighborhood is that the extension will give the neighborhood another way out. What it can do for the neighborhood may be very beneficial, because right now the neighborhood is like a tight little island. Supple complimented the behavior of those who have artended and participated in the meetings. She said the public is invited to attend the informal meeting on February 1, however, the public will not be allowed to speak. She invited any person wishing to speak to attend the 'formal meeting on February 4. The motion to defer carried on a vote of 7-0. Planning and Zoning Commission Minutes January 21,1999 Page 10 REZONING ITFM: RFZ98-0019. 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. (45-day limitation: waived to January 21. 1999.) Supple announced that the neighbors had a mailing campaign. All commissioners and staff have copies of the letters. Kugler said the item was discussed at the January 7 meeting, at which revised building elevations were presented by the applicant. He said the Commission requested information regarding other similar developments. He said this information appears in the staff memo in the meeting packet. He said in addition, there were questions regarding storm water management and the applicability of the Sensitive Areas Ordinance. Staff feels that the revised building elevations are much improved over those that were originally submitted. As pointed out by a couple of Commission members at the last meeting, the five-unit building could use more variation in its roof line. Kugler said that recommendation has been passed on to the applicant, however, staff has not yet seen any revised elevations for that building plan. A revised site plan has been submitted and Kugler displayed this and pointed out that the plan moves the northern building closer to Duck Creek Drive as recommended by staff. This provides a larger area of usable open space, the building becomes part of the streetscape on Duck Creek Drive, and the building becomes less intrusive to the more usable part of the neighboring property. Kugler said staff was asked to provide information about similar developments where access is provided at the rear of the buildings, with the fronts facing the adjoining streets. He presented an illustration of Lot 51 of Walden Hills, which is directly across Highway 218 from the site. The approved plan was for 25-dwelling units on a 2.9-acre parcel. The site has detached townhouses that face the public street. Access is provided by an alley at the rear of the property. Kugler presented another overhead of Washington Square Condominiums located at the corner of Washington Street and Scott Boulevard. The fronts of the units face the public street and access is provided at the rear of the units. In both cases, the rear drives are relatively unattractive. Kugler noted, however, that the point of having rear alleys is to get the garages and such off of the street, thus providing a more attractive view from the street. He said staff feels this concept is supported in general by the design principles listed in the Comprehensive Plan. Regarding the storm water management requirements, Kugler said Public Works has indicated that storm water management will not be required for this specific development, because it was provided for within the Walden Hills development across Highway 218. Kugler pointed out that there is a 24-inch diameter culvert that would take water'from the property across Highway 218 and into a basin within the Walden Hills property that has been sized to accommodate development on this property. Kugler said he looked at the site with one of the engineers from Public Works and it appears the water from the site will drain into the culvert rather than go further north, as one of the members of the public had been concerned about. As part of the approval of this project, a grading plan would be required. Regarding the Sensitive Areas Ordinance, Kugler said there are critical slopes (over 25 percent) on this site and the plan proposes a small amount of grading within that area. He said the Sensitive Areas Ordinance permits the disturbance of critical slopes as long as they do not exceed 40 percent. The 40-foot setback along Rohret Road caused the disturbance of the Planning and Zoning Commission Minutes January 21,1999 Page 11 critical slope area. Given the fact that these are not natural slopes, he said staff feels that maintaining the setback for the residential units along the arterial street should take precedence over the protection of the slope. He said the plan has been reviewed and staff found that the plan is in compliance with the City's ordinances. He said, staff recommends approval, pending the approval of a grading plan prior to City Council consideration of the rezoning and sensitive areas development plan. Kugler added that because of the critical slopes on the property, this is a sensitive areas overlay rezoning rather than just a planned development rezoning. The process is still the same. Kugler said before the meeting, he had distributed to Commission members copies of the letters he had received. Supple said she thought this originally was an QPDH rezoning request. Kugler said because of the presence of critical slopes on the property and the fact that those critical slopes are going to be disturbed, the City's ordinance requires that it be a sensitive areas overlay rezoning. He said this does not affect the layout of the plan or the approval process, it simply affects some of the information the applicant is required to place on the plan. It is essentially a planned development where the City is looking at the slopes more closely. Gibson asked about the contour lines shown on the overhead. Kugler said the lines shown are the current contour lines. The proposed wall is parallel with the contours. Ehrhardt stated that she noticed many of the letters from neighboring property owners were concerned about the lack of an emergency turnaround. Kugler responded that the fire department has recommended a turnaround on both sides. Ehrhardt asked if there would be room for parking along both sides. Kugler said there is a two- . car garage for each unit, some driveway space, and there could be some spillover parking on Duck Creek Drive. He noted that other collector streets around town also have parking on them. Schintler asked if there were any other subdivisions with single-family housing where there is no street dividing where the other types of homes are. Kugler said they certainly have this type of situation where the dwellings are across the street from each other. He said they have situations where there are townhouses across the street from single-family homes. Miklo said another area where they have townhouses and single-family homes in the same vicinity would be Village Green. Ehrhardt pointed out that it is unusual to have multi-family units next to single-family homes. Kugler said that is true, but the new Comprehensive Plan is calling for more integration of housing types. Schintler stated she visited the area and thought it looked like there is already high-density housing in the area and questioned why they would need more. Kugler said that is a decision that must be made by the Commission. He said staff sees Rohret Road as an arterial street, appropriate for higher density development, and Highway 218 as a division between that neighborhood and the area to the east. Public discussion: Bob Burns. 318 North Gilbert Street, said he is the architect and developer on the project. He stated that he was in attendance to speak for the applicant. He said he wished to remind everyone that the Comprehensive Plan calls for residential neighborhoods with diverse housing types and diverse income levels. This development fits that goal. There were two issues raised at the last meeting about density and design. Regarding density, Burns said there are three OPDH developments in close proximity to this neighborhood: the proposed development by the Planning and Zoning Commission Minutes January 21, 1999 Page 12 GICHF, the existing Walden Hills, and the existing Mormon Trek Village. He said Mormon Trek Village has a density of eight units per acre (approximately 29-acre development), Walden Hills has a density of seven and a half units per acre (approximately 40-acre development), and the GICHF is designed at five units per acre. He said to maintain the economic feasibility of the project, the density needs to stay at five units per acre. He added that the five units per acre is within the density limits of the RS-5 district. He stated that the two examples in the Commissioners' meeting packets were both small developments. Lot 51 in Walden Hills is 25 dwelling units on 2.9 acres (8.6 units per acre) and Washington Square Condominiums has 16 units on 2.04 acres (7.8 units per acre). He said the density of this proposed development is lower than the two neighboring existing OPDH developments by 50 percent. Regarding the design, Burns showed the Commission the site plan for Mormon Trek Village. He said there are 8 four-plexes along Mormon Trek and Rohret Road. He showed elevations of the buildings and noted that the 8 four-plexes change the variations of roof lines and the color of the brick and the siding. All have asphalt shingle roofs. At the rear of the elevation, there is total concrete paving and the rear entrance to the building is through the garage. If someone were to visit the resident, they would need to walk around to the front of the building. Burns then showed the Commission the similarities between the 8 buildings. He contrasted this design with the four- plex design of the proposed GICHF development. He showed the front elevation which has brick at the ground-floor level, siding at the second-floor level, asphalt shingles, and varied roof lines. The rear elevation is compatible with the front because the second floor level uses similar material. The ground floor level has garages and public entrances from the driveway. A visitor could park at the rear and enter the building without having to go through the garage. He said they revised the five-plex by adding a double-gable in the center and changing the roof lines. Burns pointed out that, as shown on the site plan, they have enlarged the play area and open space to approximately 8,000 square feet and, with the Commission's approval, are proposing a picket fence along Rohret Road and along the side yard on Duck Creek Drive. He also pointed out that the rear elevation is not a sea of concrete paving; there are patios next to the driveways and covered porches. They have also added five parking spaces over and above the required parking for visitors. He added that the Fellowship would not have any objection to restricting some of the parking on Duck Creek Drive if the Commission chose to do so. Ehrhardt said the letters she read made it sound like the developer had requested paying a fee in lieu of open space. Kugler said that was actually the recommendation of staff in looking at the amount of open space that would be required as part of this development and where the site is located. Staff did not see much public benefit to acquiring land in this location; however this would need to be looked at by the Parks and Recreation Commission. Beth Schenkel. 1252 Duck Creek Drive, said she did not see any sort of a buffer zone in the plan. She agrees that the housing would blend in well with Mormon Trek Village; however, Mormon Trek Village is not in sight from that area. She thought what would work well in the area would be a small cul-de-sac with small homes on smaller lots. She noted that small homes would blend in beautifully with the neighborhood and that small homes are being built on the opposite side of Highway 218. In addition, she stated that because of the building's position, she would have four front doors opening onto her yard. With five parking spaces, any visitors could use her yard as public access. She did not think this is right or fair. She said that the sidewalk from the front doors meanders along and through the development. This would cause her to put a six to eight foot fence along her side yard. The brick on the building would be hidden by a fence but this is what she would have to do to protect her yard. She said she thinks this is a huge mistake. Planning and Zoning Commission Minutes January 21,1999 Page 13 Schenkel noted that another problem with the density is that a right turn cannot fit on the road. The first couple of units on either side would have to back out of their driveways onto the street while trying to watch out for children and traffic that cannot be seen from straight on. Because of the increased traffic and decreased visibility from cars parking on the street, she believes driving will be a mess. Schenkel said that a lot of thought and planning has gone into making this development financially viable, but if this is the type of housing needed to make it financially viable, the lot was overpriced in the first place. She said the lot was purchased in 1996 for $75,000 and is now being sold for $150,000. She does not know anyone in the neighborhood who has seen that kind of increase in property values. Jerry L. Wiltiams. 1232 Duck Creek Drive, said he is a neighbor of Schenkel's. He thanked the Planning and Zoning Commission for providing the opportunity to express their views. He said that he met at the local school with many of the people attending the meeting to discuss this issue. The consensus of the neighbors was not against low-income housing and in fact, they believe they already have this type of housing at Walden Hills, which is at the bottom of the hill from where they live. As he leaves his neighborhood, all he can see is multi-family housing. He is concerned about having a development with this density in an area where there are no condominiums without any transition point. As for density, Williams said the county assessor recognizes 2.1 acres versus the 2.78 acres listed by the applicant. He wonders what the use of green space is if children are standing on a 33 percent slope. He said the applicant discusses 14 units to create a density of five units per acre. Two of the units are four-bedroom and the rest are three-bedroom. He said this would equate to 42-60 people living there (or 30 people per acre) and 8-10 people per acre living right across the street. He said there would be no transition in the density. Williams said safety is also an obvious concern. He noted that GICHF's own material states that the majority of their clients are children. He questioned where the children would play because the Interstate borders one side of the development, Duck Creek Drive borders another side, and Rohret Road borders the other side. There are paved streets on three sides of the property. In addition, he said the Interstate drops off on one side and would be a danger to children who want to explore. He said there are no parks within walking distance and it would be difficult to confine children to the small play area. Many of the children may play on the bridge over the Interstate. Williams also noted that the Fellowship owns four four-plexes off of Mormon Trek that they consider to be a part of their neighborhood. The neighborhood believes that there are at least 41 low-cost housing units right at the bottom of their hill in their neighborhood. In summary, the neighborhood understands that they cannot decide about building in this space even with the safety, the density, the transition, green space, on-street parking, and all of the concerns they have been discussing. He said the Commission has the choice and the neighborhood requests that they not approve the rezoning. Margaret Gugliano. 1106 Duck Creek Drive, said she thinks this proposal by GICHF is not within the realm of the right use of the land and should not be granted. Regarding the density issue, she said if the land is in fact 2.78 acres, it is not all useable acreage. She said the other examples shown at the meeting, like Walden Hills, all have useable acreage. In this application, more of the units are crowded on less space. She said the original applicant plan had eight parking spaces. She said now with only five spaces, there will be overflow onto Duck Creek Drive. She read a passage from the 1994 Uniform Fire Code, Section 902 and stated that if the Planning and Zoning Commission Minutes January 21,1999 Page 14 additional fire lane is constructed as it should be, there will problems for those living on Duck Creek Drive in the event of an emergency. She said emergency safety vehicles will have to find an alternative route or wait until cars are towed or move the cars out of the way, which will increase the amount of critical time in getting to someone who needs assistance. Gugliano said although there is a play area, it appears that it is on the critical slope over the drainage pipe. She said she looked at the area and noticed that the drainage pipe appears to be blocked up. This may cause some problems with water and she would hope that if there is development in the area, they would make sure that the water would be able to drain. Regarding Highway 218 as a dividing line, Gugliano said the neighborhood disagrees with this estimation, because the houses west of Mormon Trek to the city limits have long been considered "the neighborhood" and the residents on the east side of Highway 218 have children attending the same grade school as those on the west side of Highway 218. She believes that this type of housing already exists in the neighborhood and meets the requirements of the Comprehensive Plan. She noted that the storm water management plan as presented in the staff report bridges the highway gap. Concerning the transition problem, Gugliano said the existing neighborhood has approximately 2.5 units per acre and the applicant's plans are not gradual in development in order to be compatible and integrated within the neighborhood. She noted the example of Walden Hills where extensive planning has helped to coordinate and transition from single-family homes, to duplexes, to townhouses, and back out. Gugliano stated that fences in the front yard are not in the covenants of the existing neighborhood and therefore are not in harmony with the neighborhood. In summary, she stated that they believe the application is not the appropriate use of land and that the applicant's designs have valid safety concerns, parking problems, play space problems, critical slope problems (which could encompass water retention problems), and valid transitional zoning problems. She said the property is not in harmony with the neighborhood and is not a gradual transition of housing styles. She added that neady 100 percent of the property owners within the 200-foot rule have petitioned against the rezoning of the property. Jacki Brennan. 1106 Pheasant Valley, read a statement that was being submitted by the Weber Elementary School PTA. She read, "The Parent-Teacher Association (PTA) as a local, state and national organization has as its chief concern the safety and well-being of children. The Weber Elementary School PTA is especially concerned therefore about the inadequate safe play space in the plans submitted for development of the property at Rohret Road and Duck Creek Drive. No building, even with a fence that stands so close to the roads, can effectively protect its underage occupants from the dangers of vehicular traffic in such close proximity. In this case, the situation is exacerbated with the presence of three busy thoroughfares-Rohret Road, Duck Creek Drive, and Highway 218. The proposed four to five-foot wall at the slope area at the edge of the green space which would also serve as a playground for potentially 2040 children seems to be a dangerous solution to a critical slope issue. If the proposed buildings are going to house families, the City is laying the groundwork for serious injury and/or possibly the death of a child; a tragedy that could be prevented if the number of dwellings is reduced to provide adequate green space away from the roadways. The Weber PTA therefore pleads with the Planning and Zoning Commission and the City of Iowa City to reject the proposal as submitted." Mike Maktabi, 20 Hunter's Place, said he lives about two blocks west of this development. He read a statement from Margaret Hopwood, 3263 Rohret Road, who was not able to attend due to illness. It read, "You have received my letters which have addressed a number of concerns which undoubtedly will be raised today. I would like to state again that I'm concerned with the Planning and Zoning Commission Minutes January 21,1999 Page 15 quality of life, safety, and environmental issues that are inadequately addressed to this point in the Fellowship's proposal. I would urge you again to look closely at the property in question and at the proposal to see if this is the best possible use for this property." - On his part, Maktabi stated that he lived in apartments all of his life and has two children that lived in apartments during part of their lives as well. He said that as a child he did not have access to green space or playgrounds, nor did his children during the first years of their lives. Based on his experience, he believes this development is asking for trouble from the children's perspective. He said if a child does not have enough playing ground, they will get into trouble. He commented that at the intersection of Duck Creek Drive and Rohret Road, there is reduced visibility and he has had some "close calls" there. Although he understands that Mr. Burns is concerned about the economic viability of the site, he said that 14 units with 28 kids and no playgrounds does not make sense. Mr. Maktabi said he believes a nine-unit proposal would make more sense, but may not make economic sense to Mr. Burns. David Wilder. 8 Hunters Glen, said an issue regarding the safety of the children playing in the green space occurred to him at this meeting. He said the highway provides a tremendous source of constant noise. In his opinion, the "L" shape of the building will tend to act as a reflector of the sound, concentrating it in the only obvious play area for the children. Mike Mullinnix. 1242 Duck Creek Ddve, said he wanted to bring up one thing about safety and children. He said there were two instances during the last calendar year when people rang his doorbell because they were having car trouble. One of these people was a seven- or eight-year old boy asking for a can of gas. The child's dad was waiting with the truck that was heading north on Highway 218. The boy had crossed both sides of Highway 218 and climbed a barb- wire fence to get to Mullinnix's house. Mullinnix said he was alarmed that it was so easy for this boy to get to his property. He noted that if it was that easy for this boy, it will be easy for any child. Mullinnix said this is something the Council will definitely want to consider. Kevin Houlahan. 1215 Hunters Run, said the point was made by Mr. Burns that there would be rear entrances for guests. He said that he does not generally go to the back door when he visits people and envisions cars parking on Duck Creek Drive and Rohret Road. He noted that this will make traffic more dangerous. Teri Garrett. 34 Hunters Place, said she wanted to read something she had just written because it came from her heart. She read, "You all need to know who we are. To you, we might seem just like one more group coming to you with the attitude of 'not in my backyard.' That is not who we are at all. We are the community of Irving B. Weber Elementary School. The philosophies of our school permeate our neighborhoods. We are a community of learners. We are diversity. We cherish our students from Hawkeye Court. When other schools are afraid of overcrowding, we're more afraid of losing our Hawkeye Court kids. Therefore, if you knew us, you would know that we see ourselves as culturally and socioeconomically diverse. My point is this: we do not come to you as a 'not in my backyard' neighborhood. We come to you as a diverse neighborhood whose main concern you've heard tonight. One of the concerns is the disparity between single- family homes and 14 townhomes on a small piece of land. Our concern is not low-income housing, and if you knew us, you would know this to be true." Jack Young. 1275 Deerfield Drive, said his home faces this property. He said he obviously supports all of the things that have been said. He agrees that the highway poses a danger and that there seems to have been an attempt to subvert ordinances with the slope, with the water drainage, and with the green space by paying a fine now and forever having the problem. He said he believed the ordinance for green space was written for a reason and paying a fine to overcome the problem should not happen. He said that the developments this has been Planning and Zoning Commission Minutes Janua~ 21,1999 Page 16 compared to are 30-40 acre lots that were designed for this type of density, but this area was not. He said one of the reasons he chose to build a home in the area 10 years ago was because he took assurance from the zoning ordinance that similar houses would be in the neighborhood. He noted that Rohret Road is the only road that goes to his house. He noted that his neighborhood cannot avoid going through the neighborhoods on the east side of Highway 218 and cannot avoid having those neighborhoods as a part of their property. He said he does not believe they have addressed the effect of this property on Weber Elementary School. He said the City has been looking at a lot of high-density units for the area. This property will add many more children. Regarding blending into the neighborhood, Young said this will be a virtually continuous building. He said people will see an almost, unbroken fiat front when they drive into the neighborhood. He said that he does not agree with the idea of "forcing" a large number of units onto a property to make it financially viable. He said it seems that they are trying to force 14 units into a space that will not accommodate it, will not fit into the neighborhood, and is not appropriate. He asked to Commission to please vote against the proposal. Chair wished to state for the record that there are no ordinances that are being "subverted." He said there is no fine concerning open space. The provision is for a fee in lieu of open space. He believes the intention of the fee is to acquire green space elsewhere in the neighborhood. He noted that he is not defending the ordinance, he is simply stating facts for the record. Young said he apologized for the characterization, but he wanted the Commission to think about what affect this will have on the value of the property in 50 years if the fee is paid in order to overcome the lack of green space. He noted that the rest of the neighborhood is already developed, unlike Walden Place. He said people who purchase property at Walden Place know exactly what they are getting. Young said he also believed most of this property in the proposal may be rented rather than owned, which would bring a different characterization to the neighborhood as well. Terri Larson, 1321 Goldenrod Drive, said she has been attempting to research having a development like this in Iowa City. She said it was mentioned that there really are only two developments that are similar-the Washington Square Condominiums that were discussed earlier in the meeting and the proposed Walden Hills development. She commented that part of the Comprehensive Plan is to integrate neighborhoods. She does not believe this development will be in compliance with the integration plan given that the neighborhood feels they already are integrated. She reiterated that the neighborhood does not see Highway 218 as the dividing line, rather Rohret Road is their neighborhood. She said this is the only place in Iowa City where a dwelling like this will be bordered by single-family homes. Mike Maktabi. 20 Hunter's Place, said he believes that the upper legal limit of minorities in Weber School will be exceeded with this development and asked if someone would look into this. City Attorney Holecek stated that the Commission looks only at land use issues, not who the inhabitants of the property will be. In addition, she stated that the question is not relevant at all. Beth Schenkel. 1259 Duck Creek Drive, said she understands that there is a 20-foot setback on the front and from the side there is a five-foot setback. She said she does not understand how the front doors can face Duck Creek Drive and be called the side. Kugler said technically in applying the setbacks, the street frontages would be required to have a front yard setback of 20 feet. The setback is 22 feet on the plan. In applying the terms of the zoning ordinance, they would have a 40-foot setback along Rohret Road and a 20-foot along Planning and Zoning Commission Minutes January 21,1999 Page 17 Duck Creek Drive. Schenkel asked how far back that would be from her property line. Kugler said the actual setback from her property line to the proposed building is 22 feet. Schenkel asked if this has been done before where a yard is sandwiched between front doors and the street. Kugler responded that this is an unusual parcel. Bob Burns. 318 North Gilbert Street, said he wished to clear up a couple of points about visitors walking across the neighbor's property. He pointed out that there is a four-foot high picket fence that is planned. Ehrhardt said it appears the fence ends at the last house and if she were a child, she would go around the fence and go across the yards. Burns said they would not be opposed to continuing a fence back to the property line if that is a concern. He said they have not ignored that issue. Regarding the size of the tract, he said the 2.78 acres is from a survey completed by MMS consultants. He also pointed out that in addition to the two parking spaces in the garages, there are two parking spaces in front of the garages. Burns also asked Kugler to point out the two small sensitive areas on the slope. He said the only infringement is a tiny corner on the lower sensitive area. Initially, the City thought they may not come under the ordinance because this was a man-made slope from the construction of Highway 218. Later research showed that it did not matter if it was man-made or natural. Schintler asked about the fill that was used last summer for Walden Hills and questioned whether any of the buildings would be on that fill. Burns said the filling was done before they purchased the property. Schintler also asked about the triangle-shaped play area. She looked at another plan for a house built in Hunter's Run to see how the size of it corresponded to this play area. She visited the site and wondered on what part of the land the play area would be. Burns stated that the slopes in the play area are very gradual. He said that compared to Lot 51, they have just as much space if not more. Schintler said that does not make it right. Burns said he hopes this application is not turned down because it is family housing. Mary Ann Dennis. Greater Iowa City Housing Fellowship, stated that their title is often confused. She said it was mentioned that they have 16 lots across Highway 218. She stated that this is not the case. The Iowa City Housing Authority has an owner-occupied project in Walden Hills. GICHF does not have 16 lots across Highway 218. GICHF owns 16 rental units on Clearwater Court. Patti Williams. 1357 Goldenrod Drive, stated that the neighborhood did not want the proposal to be turned down because it is family housing, but because they feel that it is unsafe family housing. Charlie Fastham. 1152 East Court Street, said he is President of the Board of Trustees of the GICHF. He said they are interested in the comments people have made about this development. He said they would be happy to meet with people from the neighborhood and discuss the various issues. He said he believes everything can be reasonably addressed if they all work together. His main concern is the notion that the Housing Fellowship would be involved in something that would be unsafe for children. He said they have not done that in the past or present, and will not do so in the future. He said he believes all of these issues can be addressed. He stated that his children have done some unreasonable things in the past, but by and large act decently and safely no matter where they are. He would expect the children living in this development to act just as his children do, and would not have any concerns about his children living in this development or any other unit owned by the Housing Fellowship. He reiterated that they would be happy to meet with anyone from the neighborhood to talk about these issues. Ehrhardt said she had talked to Eastham prior to the meeting. She said she strongly supports the goals of the Fellowship and her call was to try to figure out if there was some compromise Planning and Zoning Commission Minutes January 21, 1999 Page 18 between what the neighbors needed and what the Fellowship needed. She understands a lower number of units may not be financially feasible. She asked him to explain what other options they might have for the site. Eastham said they are trying to achieve affordable housing throughout the community and would be happy to meet with anyone from the neighborhood to look at options. He said they would appreciate some guidance from the Commission on what they should look at. He said the number of units is a difficult thing to decrease and yet keep at the target rent prices that the Fellowship has to meet and wants to meet. If they can come to an agreement that the neighborhood would feel comfortable with, they would be happy to do that. Erin Lederhaus. 1324 Goldenrod, said the main problem she has with the proposal is the fact that all of the problems they have discussed appear on this parcel of land in close proximity to three busy streets. In addition, she disagrees with a proposal that does not conform to the gradual integration and promotion of diversity by allowing single-family for-purchase homes to be immediately next to rental property. In the neighborhood's opinion, their neighborhood encompasses all of the homes in the Weber School District. Therefore, they do have representation of this type of housing. Public discussion closed. MOTION: Schintler moved to approve 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 Sensitive Areas Overlay (OSA-5) to permit a 14-unit residential development on property located at the northeast corner of Duck Creek Drive and Rohret Road. Shannon seconded the motion. Gibson asked if the applicant would be willing to defer. Chait asked what information the Commission still needs. Ehrhardt stated that if the developer would be willing to talk with the homeowners and they deferred this, it would save the applicant a $300 application fee. Chait said he believed they had enough information. Gibson stated that he did not have enough information. Supple asked Mr. Burns and Mr. Eastham if they would be willing to waive the 45- day limitation period to the February 4, 1999 meeting. Burns and Eastham stated they had no objection to that. MOTION: Gibson moved for an amendment to the motion to defer 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. Chait seconded the motion. Gibson stated that his only motivation for deferring this was to find out if the Commission was ready to vote on the proposal. He added that if the Commission is ready to vote, they should do SO. Bovbjerg stated that she is not sure how many of the Commissioners do not have their decision made, but because this is an important vote, if there's any doubt in anyone's mind, it would be better to defer the vote. Holecek asked if the deferral is going forward, does the Commission have any direction for staff or the applicant with respect to what they wish to see develop between now and the next meeting. She said this way the Commission will not feel that they are covering the same ground because there will be new ground to address with respect to this application. Bovbjerg expressed concern that the Commission would give the impression that if one thing or Planning and Zoning Commission Minutes January 21, 1999 Page 19 another were changed, the Commission would vote in favor of the proposal. She thought there might be a problem with giving direction. Holecek stated that she thought there were a number of applications in the past where the Commission has given feedback to the developer with respect to concerns that they had and which were subsequently addressed. She said that she does not believe they have ever boxed themselves into a position where if the applicant tweaked the density, tweaked the open space, etc. that the Commission would be forced to support it. She said the Commission has always maintained assessment of the proposal on its merits in each instance. She said the Commission has gone through several stages with applications where they have been modified until they have become acceptable. Schintler stated that she believes she knows this property well because she sees it often. She feels that it would be helpful if other Commissioners were to look at the property. Gibson said that he did go look at the property and did not notice anything extraordinarily unusual other than its location. He stated that the slopes do not seem tremendous, but quite gradual. He said on numerous occasions they will accept in the calculation of density undevelopable land. It is figured into the acreage that goes into the density calculation. He believes this is a good piece of developable property. He reiterated that if six people are ready to vote, they should vote. If not, they should wait. Supple stated that she disagrees. She said if someone will be certain after further discussion, they should wait. Ehrhardt stated that she would vote against this. However, if there is the possibility of a compromise, she would be very interested in that and would want a deferral. Chait stated that most of the neighborhood folks have not seen the entire process. He said the process is exciting to him, listening to the concerns of the community, etc. He noted that as a Commissioner, he is grateful for the opportunity to serve the City. He stated that the kinds of concerns they often hear are "this is great for the community, but not in my neighborhood." He believes that this is not where this neighborhood is coming from and that their hearts are in the right place. He said he is also grateful that he is only one person on the Commission, because his vote cannot sway anything. From his perspective, he feels that this project is much better than the project on the other side of Highway 218. He said a lot of the technical criteria are met in a superior way compared to other projects the Commission has seen. This is not to say that the project does not have problems. However, he believes there may be room for compromise and would encourage the neighbors to be solution-oriented. Shannon said this looks like a good project and he goes along with the idea of having diversity in housing. He said one place that comes to mind is the Peninsula which is currently being planned and anyone that moves there knows what they are going to get. He said he is familiar with this neighborhood and believes that everyone knew what the ground rules were when they moved there. He said he moved to a nice neighborhood on the east side with a nice play area, yet the kids are playing in the creek down the street. He said children will go where they want to. He said he too is also concerned about the transition between rental properly and single-family homes. He thinks this is a good project, but would have to vote against it because of these problems. Gibson said he can appreciate what Shannon said about how the project does not fit into the neighborhood well. He said he is anxious to support diversity and low-cost housing, but this proposal does not fit well. He believes the whole thing can be reconfigured in a manner that is Planning and Zoning Commission Minutes January 21,1999 Page 20 more compatible with the neighborhood. He said he would not be comfortable voting against this, because he too wants to see the City creating diversity of housing; however, he does not see how the compromise can happen. Bovbjerg said it's important to remember that if it's the right use of the land, it's the right use of land regardless of whether it rents or sells, what it looks like, or who's living in it. She said it is easy to get off on the periphery of who "they" are, who "we" are, but this is actually square footage, buildings, and acres. She said this is where their focus has to be. Chait added that he does not believe that they have the authority to look at the economic value of what happens. Nor do they have the authority in terms of planning and zoning issues to look at whether it is owner-occupied or rented. Holecek agreed and said that is not a valid consideration. Chait also said he does not believe a lesser number of units would make any difference. He does not think that they could make it less units and still do this. Ehrhardt said that she cannot object to the density, but she does object to jumping to RS-5 multi-family houses. The density fits, but they need to change the compatibility in terms of the major jump in types of housing. Supple said compatibility is her issue too. She said it does matter how the building looks, because the configuration of the building does fail to blend into the neighborhood as a gentle change phasing from one type of housing to another. She said she is not opposed to the density. She said staff in the past presented designs that looked like large houses and she believes these may fit well in the neighborhood. This type of building may be more pleasant than the townhouse style building. Gibson withdrew the motion to defer and Chait concurred. Supple said the motion on the floor was to approve RF798-0019. The main motion failed on a vote of 1-6, with Schintler, Shannon, Bovbjerg, Supple, Ehrhardt and Gibson voting no. REZONING ITFM: REZ98-0018/SUB98-0031. Public discussion of an application submitted by South Pointe Partners for a preliminary plat of South Pointe Addition, Part 7, an 8.08, 40-lot residential subdivision, and a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay/Medium Density Single-Family Residential (OPDH-8) for property located at the western terminus of Langenberg Avenue and Hemmingway Lane. (45- day limitation period: waived to January 21, 1999.) Kugler said this is a request to rezone approximately eight acres located at the west terminus of Langenberg Avenue and Hemmingway Lane from RS-8 to OPDH-8 and for the approval of a preliminary plat to establish South Pointe Addition, Part 7. The plan would include 40 building lots, many of which are arranged around a commonly held courtyard rather than a public street. It would replace portions of Parts 2 and 3 of the South Pointe Addition that were previously platted. He showed the 37 lots that were previously approved. The proposed development would be for a total of 40 lots. He said this is a request for rezoning and a preliminary plat. Without the approval of the rezoning, the preliminary plat cannot be approved as some of the modifications that are being requested would not be permitted in the underlying RS-8 zone. Therefore if the rezoning is not approved, the plat cannot be approved. Kugler said evaluating the rezoning request deals with compliance with the Comprehensive Planning and Zoning Commission Minutes Janua~ 21,1999 Page 21 Plan, compatibility with the existing and proposed development and surrounding properties, and the ability of the infrastructure in the area to accommodate the development. The OPDH plan does call for some narrower building lots and the provision of an alley for access to all of the lots. He said they are generally 30-foot wide lots which would have access from the rear and two garages at the rear of the property. The additional nine lots would be typical RS-8 lots. He said the smaller lot sizes that are being proposed are arranged around an area of common open space. That is the main difference between this area and the existing platted areas of South Pointe. He said the tradeoff would be between individual lots with open space on each lot versus shared areas of open space. He said because of the narrower lot widths that are being proposed, there appears to be an increase in density in the area north of Langenberg Avenue; however staff would note that 40 dwelling units are being proposed with this plan. Previously 37 were proposed and could be built at this time. Staff feels that the impact of those three additional lots in terms of neighborhood traffic or sen/ice demands would not be significant. He said the proposal would result in areas being set aside as common open space, which is something that is not provided in the rest of the South Pointe Addition or in the plat that was originally approved. Kugler said the storm water retention area will not likely be useable as a neighborhood recreation area. It will be a basin. However, the courtyard proposed will be a visual amenity within the neighborhood. There are also some other areas of open space which could be put to some common use. Staff has recommended to the applicant that a landscaping plan be submitted to accompany this application to illustrate what kind of amenities will be within the neighborhood. The applicant has been reluctant to spend money on the preparation of that plan without some indication as to whether this plan will be viewed favorably. Staff does recommend that a landscaping plan be part of the OPDH plan so that the City, the Commission, and the Council have some idea of what this area is going to be like before approving the rezoning. Kugler said the private alley, being proposed would abut the adjacent properties to the west and north of this site. He said staff recommends that there be language in the legal papers for this subdivision which would allow access to those properties in the future. They are not suggesting this be free access, but that there be something in the legal papers that would allow this to occur. Although the City is not ready at this point to accept alleys as public rights-of-way, the legal papers could provide for that in the future should this policy change. Kugler said terms of its compliance with the Comprehensive Plan, the plan includes policies and recommendations for the development of pedestrian-oriented neighborhoods within this district. Policies are aimed at providing a variety of housing types within residential neighborhoods. Staff feels that this could be a step in that direction by providing a single-family residential option that is not now provided within the neighborhood. Kugler said the proposed private alley would provide vehicular access to all of the dwelling units along the north side of Langenberg Avenue and the west side of Russell Drive. This is also in conformance with the policies contained in the South District Plan, which are aimed at providing a more pleasing and more pedestrian-oriented streetscape by removing paving and garage doors from the front yards of the dwellings. Staff feels that given what is proposed on the north side of Langenberg Avenue, the streetscape issue should also be addressed on the lots on the south side of Langenberg Avenue. He said what is basically being proposed are some streetscape improvements on one side in exchange for the smaller lots and the courtyard. If this is not carried over to the south side of Langenberg Avenue, this effect is lost on the public street. Therefore staff is recommending that something be done to address that issue by either the provision of a rear lane at the rear of the units or some type of garage setback requirement that would emphasize the residences along the street rather than the garage doors. He said they have passed some of these options on to the developer and the developer has not Planning and Zoning Commission Minutes January 21, 1999 Page 22 indicated at this point that they would be willing to comply. Staff recommends that this issue be addressed in some way and be made part of the OPDH plan. Kugler said in terms of land use, this proposal is consistent with the recommendations of the South District Plan, which calls for "Duplex and/or Small Lot Single-Family Residential" uses in this area. The plan illustrates detached single-family homes on relatively small lots. He noted that there will be two duplexes contained within the development. They would be zero-lot line residences. Kugler said staff feels that the plan is generally in conformance with the policies of the South District Plan, with the exception of the streetscape issue on Lots 134-139 on the south side of Langenberg Avenue. Kugler said in terms of neighborhood compatibility, the existing development within South Pointe Addition consists of detached single-family residences on lots generally ranging in size from 6,600 square feet to approximately 8,500 square feet. There are a couple of exceptions along Sycamore Street and at the end of cul-de-sacs. Nine of the lots would be consistent with that lot size and that lot arrangement. To the north there are smaller lots, generally 30 feet in width and starting at about 3,100 square feet of lot area. All of the lots, with the exception of the two that he pointed out, are proposed to contain detached, single-family, zero lot line dwellings. Kugler reiterated the need for a landscaping plan given the areas of common open space. Kugler said the housing being proposed within the reduced lot area will be different in character than the existing developed portions of South Pointe. The land uses being proposed there consist mainly of single-family detached housing. He said however, essentially the same overall density is being provided that was approved and that exists in the developed portion of the subdivision. Buildings will be separated by a distance of 10 feet, as required in the existing portions of the RS-8 subdivision. He said the trade-off here is the private lot area versus the commonly held open space area. Staff feels that although the appearance and character of the area may be somewhat different than what exists in other portions of the South Pointe subdivision, the proposed development is compatible with the surrounding neighborhood. Kugler said in terms of infrastructure, City sewer and water capacity is available and the three additional dwelling units will not have a significant impact on the surrounding street system. He said some of the traffic that would have previously used Hemmingway Lane, which is a local street, would likely be using Langenberg, which is a collector street. Kugler stated that the Sensitive Areas Inventory Map indicates that there are fully hydric soils and a stream corridor existing on the property. When the original development was proposed, a wetland determination was made for the property. The wetlands were found to exist, but grading activities have taken place since then and the natural drainage system has been altered significantly. He said it is staffs opinion that there are no sensitive areas remaining on the property that are protected under the Sensitive Areas Ordinance. Kugler said the plat is in general conformance with the City's subdivision regulations, with the exception of a few items listed in the staff report. For street design, Kugler stated that the plat does indicate that both Hemmingway Drive and Langenberg Avenue will be extended and Russell Drive constructed before any development would occur. Kugler said for storm water management, the original plat called for two storm water basins. One between Hemmingway Drive and Langenberg Avenue on the back half of some of the lots and the other being south of Langenberg and occupying the back half of the lots platted along the south side of Langenberg Avenue. The revised plan includes one larger basin on Outlot E. He noted that only the lots within the zero lot line area north of Langenberg Avenue would have maintenance responsibilities for that storm water basin. It is staffs feeling that the owners of the lots adjacent to the basin would have a very strong interest in the future maintenance of the area. Staff Planning and Zoning Commission Minutes January 21,1999 Page 23 suggests that they be included in the homeowners' association. Kugler said staff has some concerns about the design of the storm water basin. Because it is in a fairly visible location in this neighborhood, staff would call for a landscaping plan to be submitted as part of the Commission's review of the rezoning to indicate how the area will be addressed. Kugler said staff is recommending approval of the rezoning and plat subject to a number of items including: the incorporation of a garage setback or provision of rear access for Lots 134- 139; the inclusion of Lots 131-139 in the homeowners association with regard to the maintenance of the storm water management basin; the incorporation of provisions within the legal papers for the final plat of this property which would allow for the adjacent properties to have access to the alley and contribute to its maintenance, or for the dedication of the alley at some point in the future at the City's request; and the submittal and approval of a landscaping plan for the proposed outlots. Kugler also wished to note the inclusion of one additional condition-the approval of a grading plan pdor to City Council consideration. Kugler said the Commission's typical procedure is to hold two public meetings regarding any rezoning item. He said this item was deferred a couple of times in order to allow some technical issues to be addressed before coming before the Commission. If this item is deferred at this meeting, a waiver would be needed from the applicant. Gibson asked where the street is in front of 140, 141,142, and 143. Kugler said that is one of the waivers being requested, because some of the lots do not have frontage on a public street. Kugler said that an alternate plan is being proposed for the lots to be fronted by common space with sidewalk connections out to the street. Gibson asked if there was a definition of an alley in the ordinances and if alleys generally provide the only access to properties. Miklo responded that there are generally two access points. Gibson said he thinks making an alley the only access point to a site is a major departure from procedure. Bovbjerg questioned how the alley would be maintained and plowed since it is essentially functioning as a street, and it is the City's policy not to maintain or plow alleys so it would actually have to be a private road. She said she did not know if they could have curbs at all in the alley. She added that it appears that some of the residences appear to front on either two streets or no streets. She also questioned how fire trucks would get there and the proposed drainage. Kugler stated that the one larger basin is to handle the same capacity as the two basins that were previously proposed. The advantage is that it would be controlled by the homeowners' association rather than by people in their own backyards. He said the alley was looked at by the fire department and was designed to be the primary access to all of the units. The building elevations indicate two-stall garages with two parking spaces leading up to the garage. In addition there is parking in some outlots and along the public streets. Gibson asked why not call the alley a street. Kugler said that they do not see it as a street because a lot of the service-type uses are placed there, off of the public street. Shannon read the definition of a public alley for the Commission. Miklo said that this is a private alley rather than a public alley as defined in the code, but would obviously be the primary access. Ehrhardt questioned what the average lot size would be. Kugler stated that he did not have the information in front of him. Ehrhardt then asked what the benefit of this design would be. Kugler said staff sees some streetscape benefits as well as some open space benefits. Planning and Zoning Commission Minutes January21, 1999 Page 24 Bovbjerg said she knows of a similar alley on the old ADS site. Kugler said that is a little different in that there are duplexes in that development, and one-unit fronts on the alley and one-unit fronts on the street. He did not believe that was a good comparison. Gibson asked why not make the alley 22-feet wide, call it a street, and let the properties back up to the open space. He said they always have a problem with a street lined with garages anyway and they would then not misuse the terms in the dictionary. Kugler responded that Public Works has looked at the issue and is not willing to accept it as a public street. He said even if you call it a private street, it would not change staffs view, because the front of the units face the courtyard. These are basically the same units that are being built in Walden Hills. Chair said he agrees that it would be easier if the alley were simply a street and noted that there is nothing that states the home has to face the street as opposed to the open area. Miklo said that if they considered the alley a street, it would be by far more dense than anything they have approved before. Gibson commented that the view would be the same whether it was called a street or an alley. Miklo said he disagreed because there would be a different view for the residents as opposed to visitors. He added that this is an experimental design that they have not seen before. Supple asked if staff feels that this plan has any advantages over the previous preliminary plan. Kugler said it does in terms of storm water management and in terms of streetscape issues and open space. Bovbjerg asked if the service drive would be considered public or private. Kugler said it would be controlled by the homeowners' association. Bovbjerg asked if the courtyard could be considered a secondary way for emergency vehicles to enter. Kugler said that was initially considered with an emergency drive in the courtyard; however, the fire department did not feel that this would work and said that they should really focus on making su're the private alley/street had adequate access and was designated as a fire lane. There is no parking other than in the driveways. Ehrhardt asked if the courtyard would be private space just for the residents. Kugler said that would be up to the homeowner's association. Supple asked if the applicant cared to make a presentation. Steve Kohli. 3129 North Dubuque Street, said he is a partner with the development corporation. He said initially when they proposed the storm water management, they owned the property to the north. When they looked at this about a year ago, one of the first things his partner brought up was the storm water management area in the backyard. He said they had been working on a more innovative concept with Walden Woods. Working with City staff, he said they have come up with a number of iterations of development plans for this property. He said he would like to continue working as they had been on Part 6, which has been very successful. He said unfortunately, he would be very concerned about buying a lot if he knew the backyard was going to fill up with water. Therefore, they have changed the plans to move the storm water retention area to the southwest side and once things were moved around, they were not left with much space. He said they lifted the proposed concept from an area in Illinois and it has caught on very well in Lot 51 of Walden Hills. He also noted that as far as the duplexes go, the original developers made an amendment to the covenants that may not be enforceable. The duplexes might have to be removed from the plan. Chait asked if they can move the water to the south in the approved plan, why couldn't they do that in this plan. Kohli said they could, but would then have to move Langenberg Avenue. Planning and Zoning Commission Minutes January 21,1999 Page 25 Regarding the alley and street, Kohli said he would have to talk with his partners, but he believes there are some alternative designs out there. He said his main concern now is with the garage setback for Lots 134-139. He said staff has done a good job of providing them with sketches of alternative designs. He said the lots are compliant with the RS-8 regulations and he would like to see those left as RS-8. He said he has several reasons for not wanting the garage setback for this area, but will discuss that issue at a later time. Kohli said concerning the central area landscape plan, their engineers are ready to work on that; however, it would cost a lot and they would rather not do this if the development is not likely to be approved. He said duplexes will not work in the area. Gibson stated that he happens to like Lot 51, because it has a street out front, it looks like a street and yet is not filled up with cars. He asked what Kohli would think about placing a pdvate street around the courtyard in front of the buildings in order to have a clear front door. Kohli said he did create a drawing for that idea; however the problem was with lots 140-145 where the lots had a front yard facing a back yard. Kugler stated that he would have to bring copies of the various versions to the next meeting. Chait said he thought the question Gibson asked was to have a horseshoe-shaped street around the courtyard. Kohli stated there is a drawing of that. Bovbjerg questioned why water from an adjacent property is being piped onto this piece of land. Kohli said as he understands it, that was part of the original subdivision's agreement. Kugler stated the only water being retained on the site is from South Pointe itself. He said there are two developed basins on the site currently, but these would be combined into one larger basin. Supple asked if Mr. Kohli would agree to a waiver. He said that he would. · Public discussion opened. Jason Aird. 1544 Langenberg Avenue, said he wished to address the drainage. He said they all have sump pumps that run in the spdng. He said there will not necessarily be water in the backyards, because there has been grading in the area. His odginal concern was the idea that the developer would leave the existing tile in the ground. From the research he has done, if tile that is functioning is left in an area and blocked off, you run the possibilities of back up and wet spots. He said that they are looking at ideas of how the drainage is going to work. A secondary concern was access via the alley only. He said they have spoken with the police department and fire department so some of the concerns are moot. They are also concerned about traffic flow and how the common space will be developed. Carlos Rodriguez. 1622 Langenberg Avenue, said a major concern is about traffic. He said based on 4.7 trips per day, which is average for a two car family, there will be an average of 22,301 trips per day yearly using this proposal versus the original. He said they believe most of that traffic will go down Langenberg Avenue. The problem with so much traffic on the street is that there is already a problem with traffic on the street. In addition, they are concerned about the homes that have garages in the alley, because they will have difficulty getting out dudng peak traffic times. He said they are also concerned about Sycamore Street itself because the street is convex and cars tend to slide around. In addition, the soccer field near there slows down traffic. In closing he mentioned that Sycamore Street will also be more dangerous for pedestrians, because of increased traffic. Celeste Cook. 1653 Langenberg Avenue, said her main issues are City issues. She noted that the original plan showed an access alley up the middle of the plan. She said the ability of fire trucks to access the alley is a main concern. Kugler noted that an earlier plan did include an Planning and Zoning Commission Minutes January 21,1999 Page 26 emergency access drive in the courtyard, but the Fire Department felt it was not workable and instead focussed on getting the alley designed as a fire lane with adequate access. She asked how many of the hidden costs have been shared with the homeowners, such as maintaining the common space and the water retention system. She also had questions concerning land use and the amount of units on the space. She said she questioned whether fire trucks, ambulances, mail trucks, garbage trucks, and the recycling trucks could get to all of the residents to serve them. Bryan Dixon. 1630 Langenberg Avenue, said the Commission has already discussed all of the neighboring property owners' main concerns. He said the main concern that he wished to talk about was the transition with the type of housing that is there to the new housing. In addition, he wondered about the benefits of using this design. He said they are also concerned about water retention. Kohli addressed some of the questions. He said the drainage tile will be brought from the existing development to the new storm water management area. He said City would never allow them to block off the tile. He also noted that Langenberg Avenue is a collector street and more houses will be developed in the area. As for hidden costs to the homeowners' association, he said there are no hidden costs. However, there will be a benefit to the existing homes to the north of the project, because they will not pay anything to maintain what is essentially their storm water detention area. He said someone had mentioned a concern about the tenants in the area. Kohli stated that these are single-family homes and the owners have a dght to rent or sell them to anyone they want to. He noted that they are trying to provide entry-level homes. He also mentioned that because they have purchased several additional lots, there will be a two to three lot buffer between the existing homes and this new development. Public discussion closed. MOTION: Gibson moved to defer consideration of REZ98-0018/SUB98-0031 to the February 4 meeting. Shannon seconded, The motion carried on a vote of 7-0. DEVELOPMENTAL ITFM: SUB98-0078. Public discussion of an application submitted by Frantz Construction Company for a final plat of Hollywood Manor Part 6, an 8.32 acre, 24-1ot residential subdivision located on the west side of Sycamore Street south of Burns Avenue (45-day limitation period: February 19, 1999). Given the late hour, the Commission decided to defer this item to its February 4 meeting. MOTION: Bovbjerg moved to defer to February 4, 1999, consideration of SUB98-0028, an application submitted by Frantz Construction Co. for a final plat of Hollywood Manor Part 6, an 8.32 acre, 24-1ot residential subdivision located on the west side of Sycamore Street south of Burns Avenue. (45-day limitation period: February 19, 1999) Chait seconded the motion. The motion to defer carried on a vote of 7-0. Planning and Zoning Commission Minutes January 21, 1999 Page 27 ADJOURNMFNT: The meeting was adjourned at 12:40 a.m. Pam Ehrhardt, Secretary Minutes submitted by Wendy Larive ppdadmiNmin/p&z0121 .doc IOWA CITY PLANNING AND ZONING COMMISSION MEETING THURSDAY, JANUARY 21, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET NAME ADDRESS 1. ~ETH ~ I-IC__..~ I(,.E L ~a. 5a-r)ucr-,, ctcc_._K , · ~3. I~. 14. SIGN IN SHEET NAME ADDRESS 18. ,z/~',,,~. 2 1. 22.~ 23. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. SIGN IN SHFET NAME ADDRESS 36, 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 4, 1999 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Pam Ehrhardt, Dick Gibson, Marilyn Schintler, Dean Shannon, Lea Supple MEMBERS ABSENT: Benjamin Chait STAFF PRESENT: Sarah Holecek, Scott Kugler, Bob Miklo, Melody Rockwell, Anne Schulte OTHERS PRESENT: Steve Kohli, Jason Aird, Celeste Cook, David Roggy, Bryan Dixon, Sherri Roggy, Ken Nelson, Lorna Gibson, Marty Chapman, Cathy Chavez, John Glassell, Bill Happel, Richard Rhodes, Bennett Brown, Mary Doyle RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 4-2, with Bovbjerg and Ehrhardt voting no, of REZ98- 0018/SUB98-0031, an application submitted by South Pointe Partners for a preliminary plat of South Pointe Addition, Part 7, an 8.08 acre, 40-lot residential subdivision, and a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay/Medium Density Single-Family Residential (OPDH-8) for property located at the western terminus of Langenberg Avenue and Hemingway Lane, subject to: 1 ) the incorporation of a garage setback or provision of rear access for Lots 134 through 139, 2) the inclusion of Lots 131 through 139 in a homeowners' association with regard to the maintenance of the stormwater basin, 3) the incorporation of provisions within the legal papers for the final plat of this property which would allow the adjacent properties to have access to the alley and contribute to its maintenance or for the dedication of the alley at some point in the future at the City's request, 4) the submittal and approval of a landscaping plan for the proposed outlots, and 5) the submittal and approval of a grading plan prior to City Council consideration. Recommended approval, by a vote of 6-0, of a final plat of Hollywood Manor Part 6, an 8'32- acre, 24-1ot residential subdivision located on the west side of Sycamore Street south of Burns Avenue subject to approval of legal papers and construction drawings prior to City Council consideration of the plat and subject to a change in the name of Wetherby Drive to Lakeside Drive for this plat. Recommended approval, by a vote of 6-0, of an amendment to the Comprehensive Plan to include the Northeast District Plan, as amended, for property generally located east of First Avenue, north of Court Street, south of Interstate 80 and west of Taft Avenue. Recommended approval, by a vote of 6-0, of an amendment to City Code subsection 14-4B pertaining to Board of Adjustment notice requirements and incorporation of Board procedures into the Zoning Chapter. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:32 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Planning and Zoning Commission February 4, 1998 Page 2 ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Supple encouraged those attending the meeting to apply for one of the vacancies listed on the bulletin board outside council chambers, adding that it is an opportunity to serve the City while providing input into the progress of the City. REZONING ITEM: REZ98-0018/SUB98-0031. Public discussion of an application submitted by South Pointe Partners for a preliminary plat of South Pointe Addition, Part 7, an 8.08 acre, 40-lot residential subdivision, and a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay/Medium Density Single-Family Residential (OPDH-8) for property located at the western terminus of Langenberg Avenue and Hemingway Lane. (45-day limitation period waived to February 4, 1999) Kugler said this application had been deferred from the previous meeting. He said the site plan had been amended since that meeting, with the two duplexes being removed from the plan, resulting in all single-family homes and a decrease in the number of units from 40 to 39. Kugler stated that the west units were moved closer to the alley, resulting in a slight increase in the size of the courtyard area. Kugler said there had been discussion at the last meeting about the alley or private drive to be located behind the units on the north side of the courtyard. He stated that regardless of what that drive is called, the South District Plan and Comprehensive Plan encourage more pedestrian-oriented neighborhoods, particularly where there are compact lots. Kugler said the way to do that here is to remove the garage streetfront to the alley. He said that has been carried through here, and staff feels this plan is consistent with the South District Plan and the Comprehensive Plan. Kugler discussed how the plan had evolved from the original design. He said the plan originally called for two detention basins, with one of the basins using over half of the back yards of the properties on the south side of Langenberg and Hemingway~ Kugler said the applicant did not want to develop lots that way and so looked for solutions, submitting a number of development concepts. He said staff worked with the applicant and identified a couple of problems, such as the units to the west which would be backing up on an alley but frdnting out onto an adjoining property that staff has no idea as of yet how will be developed. Kugler said staff came up with some potential solutions, and the applicant pursued one of those ideas. Kugler said some residents raised concerns about drainage. He said there was a note on the plan indicating that a portion of the drainage tile in this area would be abandoned. Kugler said there was a confusion of terms regarding this matter. He stated that what is being proposed to be abandoned is not a functioning drain tile but rather a pipe associated with the northern basin. The basin will be filled and the pipe will no longer function and will be left in the ground. Ehrhardt asked if the total area of the new water retention area would be larger than that of the original two basins proposed and the reason the developer had changed this was because those two basins were too small. Kugler replied that there was enough capacity in the two basins, and the water retention basins were approved, but the developer did not want the backyards of the new homes to be occupied by a retention basin. He said he was not sure if the area of the new basin would be more or less than the two basins together but added that a grading plan would be required for the new basin. Planning and Zoning Commission February 4, 1998 Page 3 Supple asked if the drainage should affect the existing homes there, and Kugler responded that it should not. Supple asked if the City Engineer had approved the water retention plans. Kugler replied that the City Engineer looked at the calculations and felt the plan could work. He said the City Engineer would, at some point in the future, examine the drainage plan more closely to study this in greater detail. Supple asked about the City services to the properties on the courtyard. Kugler stated that City regulations state that the City will pick up garbage from City streets for single-family houses and duplexes. He said that for a private street, the Code allows the Public Works Director to enter into an agreement to pick up garbage there. Kugler said there is no such agreement as yet, and if there is no agreement, the homeowners backing onto that private street must contract out for garbage service. Ehrhardt asked if there had been any change in the plan regarding the garagescape appearance dominating the houses facing north on Langenberg. Kugler said the applicant does not want this project to be subject to any garage setback, although staff was still recommending one. Ehrhardt said the Commission could recommend such a setback with an OPDH plan, and Kugler confirmed this. Public discussion: Steve Kohli, 3129 Dubuque Street, said he is the applicant for this item. He said that Langenberg was originally proposed to be a straight east and west street. Kohli said the new orientation would curve Langenberg out to increase the area available for the storm water detention basin. He said he spoke with the original engineer on the project, and as originally designed and approved, the retention areas would hold a maximum depth of five feet. Kohli said that as a developer and homeowner, he was concerned about the possibility of that much water in a back yard and therefore began to explore other options for doing something with that stormwater. Kohli pointed out that the lots are 30 feet wide and would be built on the property line to give ten feet of side yard, instead of putting them in the middle of the lot. He said that five feet is the sidelot setback in an RS-8 zone so that if people built to the maximum there would be ten feet between houses. Kohli said this design results in ten feet between the houses, but because they are located on the property lines, it gives the owners a usable side yard. Kohli said there are existing lots that are also part of this subdivision but not part of the OPDH and he pointed them out on the map. He said those lots would be buffered from the new subdivision. Kohli said he also sees the lots south of Langenberg as connecting whatever will develop down that way. Kohli said the plan calls for two-car garages with two parking spaces behind each garage. Kohli said the current proposal is to have mail delivery to the back of the houses, as there is enough space back there. He said he did not think the houses would be any more difficult to find than any other residence. Kohli said the other option would be to go down Langenberg Lane, as the house numbers would be under the house light, and park in the street to walk up the sidewalk to the front door. Kohli said that whether the drive is a private alley or street, regarding garbage collection and snow removal, homeowners' associations have been around for a long time and work well. Gibson asked Kohli to describe the plan in terms of building the houses or selling the lots. Kohli said he would do the construction and the sales. He said the houses would be priced as entry- level single-family dwellings and would be stick built homes. Schintler asked if the lots were Planning and Zoning Commission February 4, 1998 Page 4 developed in behind the alley. Ralph Stoffer said those lots are platted but not built. Kugler said there is a note on the plat as to where the existing pavement ends and the proposed pavement begins. Jason Aird, 1544 Lanqenberq Avenue, said he was speaking on behalf of the majority of the neighbors in the Langenberg Avenue, Hemingway Lane, and Dickinson Lane area. He said he wanted to give background information on the current development so that the Commission could use it in making recommendations for this proposed development. Regarding the current drainage, Aird said his development is in a sensitive area, with all homes built in the area required to have sump pumps. He said the soil conditions are consistent with slow surface runoff, pooling, and seasonal high water tables. Aird said that currently the water continues to stand in the ditches along Sycamore, and sump pumps for the majority of the homes run on a regular basis. He showed a photograph of a location off of Sycamore Road with Langenberg to the left and Hemingway to the right, on the east side of the development, that showed standing water. Aird showed other photographs to demonstrate that the area is sensitive to water and drainage currently and will therefore be sensitive to any changes to a plan where the basins currently have yet to see any problems. Aird said that for the past 31/2 years, there has only been water noted once in the northern basin, which shows that that basin works for the most part as far as what it should be doing. He said he at least knows that that aspect is working, although there are problems with Sycamore and the drainage with that. Aird said he talked to the City Engineer, who had reviewed this plan. He said the City Engineer stated that the previous drainage system was acceptable, and that the proposed plan is no better than the previous one from an engineering standpoint. Aird said that therefore, if the current plan is in place and working, why should we deviate from that. Aird discussed how the long-term maintenance of having the detention area would change by putting it on a homeowners' association versus having it in individuals' yards. He said there is really no advantage to either one; it is a matter of landscaping, because the water basins in either plan should have sod or grass on them to prevent erosion. Aird said it should also be noted that with the bulk of the water going into one particular basin, there may be a higher likelihood of having standing water in that area, which causes concern for the residents as far as the safety of children who may be tempted to play in that area. Aird said that according to the City Engineer, the size of the area may have to deviate slightly, as it has not yet been proven that the area would be large enough. Aird said, regarding the grading, that the plan is not complete yet, so that we are just seeing bits and pieces of it. He stated that it would be good to know all the pieces to know if it would work for sure. Aird asked if there is a zoning ordinance that requires homes to front to a public street. Kugler said that in the single-family residential zones, residential lots do have to have frontage on a public street. He added that through the planned development process, many of the requirements such as lot size and frontage, can be requested to be waived, and that is what is being requested here for some of the lots. Regarding the depth of the current basins, Aird said there is a Frantz development that is east of Sycamore off of Lakeside with the same basic design that could be utilized, with the basins in the backyard. He showed a photograph of the site taken the same day as the other photos and said the concept there seems to work fairly well. Planning and Zoning Commission February 4, 1998 Page 5 Gibson asked Aird if he felt that this proposal would make the situation where there is a lot of standing water in the backyards of homes worse or better or not change it. Aird said he could not answer that from an engineering standpoint. He said the point is that there is currently a water problem near Sycamore. Aird said the properties there are very sensitive to any changes that may occur. He said we know how the water flows currently with the basins in place. Aird said that is the problem near Sycamore and we already know what the problem is like on Sycamore and don't want to develop another problem. Gibson said that the situation in the photographs shows that there is a problem so that the same thing should not be done over again; a change should be made. Aird said he was trying to make the point that the area is sensitive to water. Gibson asked how this is relevant to the development proposal. Aird said he could not speak as an engineer and did not know. Celeste Cook, 1563 Lan.qenber.q Avenue, said she has lived in this area for the past four years. She said she had comments that may have already been addressed by the Commission in its work session. Cook said the Commission probably has the best knowledge and insight into' what makes a good or acceptable development and asked the Commission to give attention to additional concerns. She suggested that potential homeowners may not be aware of potential costs associated with this development, including maintenance of the alley. Cook said snow removal can average up to $60 per hour. She added that the accessibility to the alley will greatly impact the traffic on the western end of Langenberg Avenue, asking where people would park affer a heavy snowfall until the alley could be cleared. Cook added that the proposed plan includes a large common space. She asked if the cost of upkeep has been considered, if the cost and responsibility for liability insurance has been considered, and how it would be determined who could use the common space and for what purpose. Cook said the owners of this property would also need to contract for refuse collection and asked if the costs for that had been determined for a development of this size. She also asked if the bylaws for the homeowners' association had been developed and what would be included in those bylaws as far as responsibility for each of the services. Cook asked if all the units could not be sold immediately whether a few homeowners would be responsible for all of these costs. She also asked if the homeowners' association would be required to save money for long-term expenses, particularly since it will be in charge of maintaining drainage. Cook said these costs and responsibilities would be important to determine for these entry-level homes, as they can have an effect on the safety and efficiency of a development of this size, which in turn has an effect on the safety and efficiency of the current neighborhood setting. She showed a photograph of a house on Hemingway that sold for $108,900. Cook stated that there therefore are entry-level homes in the area that come without the additional costs the proposed houses would have. She said she realized it is up to' the Commission's best judgment to determine whether to accept the proposal for the benefit of the City, and the neighborhood knew changes and additions would be coming to the area. Cook said that this proposal is extremely different from the original proposal for the land and asked the Commission to examine some of the concerns she felt as a property owner here. (Bovbjerg arrived at the meeting at 8:12 p.m.) Planning and Zoning Commission February 4, 1998 Page 6 David Roqqv, 1643 Lanqenber.q Avenue, said that the plan as he understood it was to place the utility boxes in the front yards. He said he heard today that the developer wanted to put the utility boxes in the back of the property. Roggy pointed out that the rear of the property is only a 20 x 10 area; he said the boxes measure 7 x 4, and showed a photograph of how they look on a property off of Rohret Road. He said that every third or fourth house would have a big box and every house would have the dual small boxes. Roggy said that if they are moved to the back, it will involve splitting that and going under driveways. He said that will result in putting a 7 x 4 foot area in a 20 x 10 foot back yard. Roggy said he spoke with MidAmerica, which said the box needs to be within 15 feet of a driveway or street. He said that based on that information, the boxes would have to be placed in the back. Gibson asked if these could sit on the lot line. Roggy said that his does sit on the lot line. Bryan Dixon, 1630 Lan.qenber.q Avenue, said he had concerns with the beautification and the transition of the beauty that it will go from to what is being proposed. He showed photographs of some houses on Langenberg Avenue. Dixon then showed photographs of houses located on Shannon Drive off of Rohret Road that he said would be similar to the proposed houses. He said he was concerned that the people who would be purchasing these homes would not want to beautify their lots. He said there is very little opportunity for them to do so. Dixon said the current lots on Langenberg are 25 feet from the sidewalk to the porch and the proposal is for approximately 20 feet. He said he is very concerned with the transition of Langenberg to the proposed rezoning. Regarding the garage door and the rear entrance, Dixon said he did not see access to the front door because there is no sidewalk from back to front. He said someone parking in the back would have to walk through the yard to get to the front. Dixon said the developer mentioned putting a fence along the side. He said that if there is room to put up a fence, there would be no room left for patios. Dixon added that crossing over to neighboring houses would then present a problem. He showed photographs of air conditioners in the sideyards of houses. Dixon said the air conditioner could end up being in the neighbor's lot, which would cause problems with maintenance and other issues. Sherri Roq.qv, 1643 Lan.qenberq Avenue, said that the utility boxes would leave no room for landscaping on these properties. She said that she has a large utility box in her front yard and is not allowed to plant or landscape anywhere around that utility box. Roggy also said that issues would arise when someone's air conditioner is located on his neighbor's property, e.g., should grass clippings from the neighbor's yard get into the air conditioner, who would be responsible for maintenance and repair. Bovbjerg asked staff if the lot line were between the houses on Shannon Drive. Kugler confirmed this. He said that with this proposal, the house would be on the lot line. Kugler said the Code for zero-lot lines requires that there be an easement on the side of the home that is on the lot line for maintenance. He added that based on the information on the plan, most of the utility lines will be in the back along the alley. Kugler said the City water and utility lines will be at the front of the homes, but all of the other utilities will be at the rear along the alley. He also pointed out that the homes in Walden Hills that were shown in the photographs are separated by seven feet, whereas the proposed houses would have a minimum of a ten-foot separation, which is what is required in the RS-8 zone. Planning and Zoning Commission February 4, 1998 Page 7 Gibson asked about the situation where an air conditioner might be located on a neighboring property. Kugler replied that it could not be located there unless there was some right to do that, so that in Walden Hills, the developer must have accounted for that in some way. Ken Nelson, 1539 Lan.qenberq Avenue, said that Kugler referenced the Comprehensive Plan for south Iowa City, saying that this is the direction the plan wants to go. Nelson read an excerpt from page seven of the plan, "Detached single-family housing as the predominant feature in the neighborhood," and then "transitioning away to the high-density single-family and then low to medium-density multi-family". He showed Exhibit F of the Southeast District showing the color coding for the different zoning the plan is looking for. Nelson said he sees this plan as in effect making almost two islands of different types of zoning than what the plan calls for and also isolating the small lot-line housing and also isolating a portion of South Pointe in the transition. He said there is not a smooth transition to the higher density. Nelson said it appears that Russell Drive will become, if not a collector, then an arterial street. Kugler said that Russell Drive is platted as a collector street. Nelson said the plan calls for South Pointe and east and west of South Pointe to be single- family medium-sized lots, and north and south is where it transitions to a higher density. Kugler stated that South Pointe is currently zoned RS-8 and as shown on the plan, is in the second category on the list. He said it was shown as small-lot single-family or duplex because of the zoning there, with some of the lots in South Pointe being smaller than what would be permitted in the RS-5 zone. It is not shown as the single-family category. Kugler stated that the density of this development is essentially the same as what was previously platted, with 39 versus 37 dwelling units. Nelson said he sees the difference in what is proposed in the lot sizes. He said that at the last meeting it was stated that the average lot size would be 3,100 or 3,200 square feet, while the average lot size of the current homes is about 6,500 square feet. Ehrhardt said Nelson's letter stated that the appearance is unacceptable because the garages front the street in the current neighborhood. Nelson said that was his reaction to the comments at the last meeting that it was more attractive to have the rear setback on the garages. He said he totally disagreed with that opinion. Ehrhardt said the Comprehensive Plan discourages a garagescape appearance. Nelson said he believed that is for the higher density homes. Kugler said the Comprehensive Plan says that avoidance of a garagescape is particularly important where there is more compact development with smaller lot sizes. He said that on page seven of the South District Plan, one of the goals is to improve the appearance of streetscapes by using alleys for access to garages, especially in residential developments with narrow lots. Gibson said he did not understand the point of Nelson's letter when reading it but felt he understood it now in context with Nelson's comments. Nelson said he had two points, one being the reference to the current homes as unattractive. He said the other point was that the neighbors were sold a development and are now being told that they are only getting half of that development as the neighborhood that they bought into. Lorna Gibson, 1622 Lan.qenbercl, stated that if Langenberg is to be a collector street, it has not been well planned. She said the street is very curved, and if someone is parked on either side of the street, there is not room for two people to get by at the same time, forcing one car to wait until the other goes by. Planning and Zoning Commission February 4, 1998 Page 8 L. Gibson stated that the driveways were placed so close together that only one car can be parked between each driveway. She said that if there are problems with parking for the higher density area, there is no where to park except on Langenberg. L. Gibson said that if the alley there isn't cleared, there is not enough parking there for that many people. L. Gibson said that because there are no sidewalks on Sycamore, the bus has to service the entire subdivision, even though it is less than a mile from school. She added that because the street is curved, during the recent storm, there were three cars in the ditch there. Gibson said the soccer field out there causes constant traffic in the summer, making it extremely difficult to pull out of her street because there is no traffic control of any kind there. She said this needs to be resolved no matter what happens, and someone certainly needs to think about the sidewalk situation and the traffic on Sycamore before putting 150 houses there. Gibson said that if Langenberg is constructed first, all the traffic will use Langenberg, where the traffic situation is already bad, especially at peak times. She asked if it would be possible to get Sycamore developed before the rest of the development goes in. MartV Chapman, 1547 LanClenberq, asked what the definition of an alleyway is. He asked if there were anything in the plans that says that a street could go in front of the houses. Chapman said he would like this to be aesthetically proper, and that may be the answer to making this fit into the neighborhood and maybe move into the transition. He said that the way this is designed and planned now, it does not move. Chapman said he is not saying that he does not want this development there but wants it to transition in the best way that it can. Ehrhardt said the applicant has said that for safety he did not want the north basin in people's back yards. She asked Chapman if, as a homeowner in the area, he would not rather see a larger basin that is controllable, rather than having one in everyone's back yard. Chapman said he agreed with that. He said the basin that is across the street and north on Sycamore has a fall of 4 feet eight inches. He said there was less than a foot difference. Chapman said a basin can be designed to pull water away and rather quickly. He said he would hope the neighborhood would have a say in how this develops, as it has not yet had. Chapman said that with cooperation, he thought it could be a good thing. Supple asked when Sycamore is scheduled for improvement. Kugler said it is in the capital improvements program, which the City forecasts out seven years. He said the City Council reprioritizes the projects each year, and although Sycamore Street is included in the plan, it has not been mentioned as an immediate project. Supple asked if at the time the project is done it will be possible to drain any of the water from the west side of Sycamore down to the new basin. Kugler said he assumed it would be an opportunity to address that problem but was not familiar enough with the situation to give a certain answer. He said that if the Commission would like to get more information about that, staff could ask Public Works to address that. Supple said this area has a water problem and if the City or developer can help address that problem then that should be done. Nelson said, in response to Ehrhardt's question to Chapman, that in the four years he has lived in the area, he has never seen standing water in the north basin and has seen standing water in the south basin once in that time. Cathv Chavez, 1655 Lanqenberq, said she lives on the corner of Sycamore and Langenberg. She said the ditch there continually fills with water with any amount of rain, and there was some question by a plumber as to whether her sump pump was actually draining that ditch. Planning and Zoning Commission February 4, 1998 Page 9 Chavez said she called the City to find out about Sycamore Street and was told the absolute earliest it could be worked on would be the year 2004. She said that if this area is going to continue to be developed, the priority for work on Sycamore Street should be moved up in light of the problems there. John Glassell, 1 614 Dickenson, said there were comments about draining from the northeast down to the southwest section and a comment about doing away with a storm drain. Kugler said there is one pipe that will be abandoned. Glassell said he can attest to the fact that drainage is a problem there, because half the time during the summer he has a lap pool about six inches deep in his backyard. He said that there are no storm drains on the street so that with a heavy rain, water is running down the street and going at the end of the concrete; he did not know where it went from there. Glassell said that if you change any of that and add more streets, you've commented, is it going to change anything northeast of there because that's where it's all heading; it's heading west and it's heading south. Glassell said he liked the area when he bought the house. He said he is a first time homeowner. Glassell said that now the lot sizes and building designs will be changed, and none of the neighbors can really see the benefit. Steve Kohli said he owns the house and about 15 lots on Hemingway Lane that back up to Sycamore with water in the backyard as shown on one of the photographs. He said one of the choices he had when he built that house was to raise the elevation in the yard, which would then have pushed the water into the lots on Langenberg. Kohli said the option is to push it out into the ditch there, which is what he will do, although he was unable to complete all of the landscaping before winter. He added that he also did not have a chance to complete landscaping on Lot 51, which was shown in some of the photographs, before winter. Regarding the water in the backyards on Hemingway and Sycamore and the photograph of the one in Frantz' subdivision across Sycamore Street, Kohli said there was a clear picture of storm water pickup tube in Frantz' subdivision. He said there are no pickup tubes or intakes in the South Pointe subdivision, so that it is not fair to compare Frantz' subdivision to this one. Kohli said there are no storm water intakes in this subdivision so that the water is forced to flow over the ground. He said that this spring he will go in and regrade the yard to take the water out to the ditch. Kohli said that is the way it was engineered to be taken care of. Kohli said everything does flow to the southwest, and that is why he put the stormwater retention area in the southwest corner. Supple asked why the water is collecting at Sycamore Street if water flows to the southwest. Kohli said Sycamore Street is at the other end; he said the water basically flows downhill to the southwest except for one or two lots right there on Sycamore that are at the top of the hill. Supple asked Kohli if he owned the lots where the problem is, except for the one on the corner where the sump pump is draining the ditch. Kohli said he did. Supple said it was not the Commission's concern, but it would be appropriate for Kohli to discuss the problem with affected property owners. Kohli said he intended to drain the water to the ditch on Sycamore when weather permits. Schintler asked how much these new houses would sell for. Kohli replied that they were in the $112,000 to $114,000 range. Gibson said the Commission had a time limit on speakers, and Kohli had already spoken once. He said the Commission was now two hours into this public discussion. Planning and Zoning Commission February 4, 1998 Page 10 Bill Happel. 2355 Willowbrooke Lane, said he is one of the applicants for this subdivision. He said the alley for this subdivision will be contracted for snow removal, and he guaranteed that the alley would be cleared long before the street will. Happel said his homeowners' association does have liability insurance as well as private 9arbage collection. He added that the homeowners' association is not turned over to the homeowners until a minimum of 80% of the homes are sold, with the developer remaining responsible for the liability and maintenance of the streets and yards. Regarding density, Happel said there is less density in the current plan than in the original plan. (Editor's note: the revised plan has two more units than the original plan.) Happel said the big reason for this plan is that he did not want to sell anyone a lot with the water retention in the backyard. He added that at Willowbrooke Pointe, there is a large water retention area that fills up in heavy rains. He said the basin is designed to hold water back so it does not flood downstream, and when the rain stops, the water goes off. Happel said that most of the time that area is a beautiful grassy open space. Happel said these lots are bigger than those in the photographs in Walden Hills by three feet. He said that putting these houses on the lot line give a full teen feet of property for a particular homeowner to use. Bovbjerg asked Happel if there were a water retention basin on the backyard lot lines of Hemingway and Langenberg on the already developed property. Happel said there was not. He said the only places where it is designed to have water retention is in this area right here and down here (- showing places on the map, the original two basins). Happel said they were designed to be in the backyards in the original plan. He said that as the streets are installed, the water will run, which is why the City has demanded a retention area to pick that up. Happel said that the water coming off Dickenson drops off the pavement and because of the undeveloped land just sits there and doesn't flow. He said that when Dickenson hooks up to Russell, the water will flow down Russell to the water retention areas. Bovbjerg asked if it were part of the design of the already developed area to not have storm water outlets on the street and go into a system. Happel said he believes there are storm water outlets down Russell so that once the water flows from the east to the west to Russell, it is picked up in a storm water pipe. Richard Rhodes. 2014 Rochester Avenue, said a large portion of this development, although there is nothing that can be done about it at this point, has been placed on fully hydric soils. He said these are indicative of the fact that this area was a wetland in pre-settlement times. Rhodes said he cannot ask the Commission to do anything about this area, because it already has a plat on it but requested that the Commission think very seriously about such inadvisable developments when they come up in the future. He said these wetland soils are often very poorly drained during farming operations, and when they. are developed, the soil conditions are not good because of shrink/swell, poor bearing strength, etc. Rhodes said that perhaps engineers can solve these problems, but the problems will only be resolved temporarily. Public discussion closed. MOTION: Bovbjerg moved to approve RF798-0018/SUB98-0031, an application submitted by South Pointe Partners for a preliminary plat of South Pointe Addition, Part 7, .an 8.08 acre, 40-lot residential subdivision, and a rezoning from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay/Medium Density Single- Planning and Zoning Commission February 4, 1998 Page 11 Family Residential (OPDH-8) for property located at the western terminus of Langenberg Avenue and Hemingway Lane, subject to: 1) the incorporation of a garage setback or provision of rear access for Lots 134 through 139, 2) the inclusion of Lots 131 through 139 in a homeowners' association with regard to the maintenance of the stormwater basin, 3) the incorporation of provisions within the legal papers for the final plat of this property which would allow the adjacent properties to have access to the alley and contribute to its maintenance or for the dedication of the alley at some point in the future at the City's request, 4) the submittal and approval of a landscaping plan for the proposed outlots, and 5) the submittal and approval of a grading plan prior to City Council consideration. Shannon seconded the motion. Bovbjerg said she would not like this to go forward as presented. She said that with any plan and any use of property there are risks. Bovbjerg said that leaving Langenberg and Hemingway with their original courses and just dedicating south of Langenberg to water retention would result in the loss of 12 lots out of the original 37. She said that in consideration of the water problem, that that would be a good place to put the water. Bovbjerg said she was concerned about the style and setup of the lots as proposed here with the alleyway. She said she is not convinced that it will make a sound neighborhood and would not vote in favor of the proposal. Ehrhardt said she was fascinated with the design of this proposal, with the fronts of the homes attached to an open space and an alley in the back, and would like to see something like this developed. However, she said she had a problem with this application for a couple of reasons. Ehrhardt said, regarding the philosophy of open space and what it means to the lots in the northeast section, that she counted ten lots that were small lots with no open space near them. She said that was half of all of those homes, and she had a problem with that. Ehrhardt added that staff had recommended that the houses south of Langenberg not have the garages dominating the front, as the design calls for. She said the applicant is not willing to consider changing that, and she is opposed to that design feature. Ehrhardt said she would not vote in favor for these two reasons. Schintler said she was set to vote in favor of this application until she heard the prices of the homes. She said she did not feel this was really an entry-level home and would not vote in favor of this application. Shannon said the layout here is very different, and he could not picture how this would end up. He said he goes along with what Rhodes said, regarding the water problem. Shannon said, regarding the water problem, that we're looking for big trouble here, and he did not know what you're supposed to do with the water in a thing like this. He said his number one concern is the water problem in this area. Gibson said he was somewhat critical of this when it was first on the agenda. He said the Commission should not be doing business between midnight and 1:00 a.m. because anyone who thinks they are being done a favor by being allowed .to talk at that hour is being deceived. Gibson said he had reflected more on this plan. He said, in response to comments about how the plan has been changed from what neighbors were told would be the case and what the developer would like to have happen, that there are no assurances. Gibson said plans are subject to change, and the City would become very static if that were not the case. He said the risk taker here is the developer. Gibson said the developer is maintaining the density here that has been used to develop the rest of this area. Gibson said that if people don't like these lots, they won't buy them or will buy them because it's the only thing they can afford, and in that way, this would provide some diversity and increased opportunities for those with lower income. He Planning and Zoning Commission February 4, 1998 Page 12 said the fact that these homes would be priced at $112,000 is really immaterial. Gibson said the economic reality is that if the homes cost more than people can afford to pay, the houses will sit on the market until the price goes down. He said he liked the appearance of the present development and even though the garages are in front they have avoided the garagescape look. Gibson said he thought this would move a step further in that direction by putting the garages in the alleys. He said the fact that there is no street in front of the houses doesn't bother him as much as it did when it was first presented, and in fact, this could be a really nice environment. Gibson said there could be a sense of community developed around this courtyard that might not be found in many other neighborhoods in the City. He said he would vote in favor of this plan. Miklo agreed that the price of the houses should not be a consideration in whether a Commission member votes in favor of an application. Supple said that South Pointe is a very nice neighborhood, and she thought that this development would look nice as well. She agreed with Gibson that this is not so much a neighborhood risk as it is a developer's risk. Supple said it appears to be more advantageous to restructure the groundwater plan. She said this proposal was innovative, interesting, unusual, and just different enough but not so different that it becomes frightening or ugly. She said she would therefore vote in favor of the application. Gibson said the water problem is a very real problem. He said that development should not be accommodating storm water runoff on lots. Gibson said it should all be off these developed lots, and he agreed with Happel in terms of his objectives. He stated that this is a citizen board and probably no one on the board is qualified to really pass judgment on the adequacy of the engineering associated with these water retention basins. Gibson said a developer comes in with a proposal, and after City staff and engineers say the plan is acceptable, he really has little choice but to accept that word because he has no basis in terms of technical knowledge to question that word. He said the Commission has little choice but to assume that the developer's engineers and the City staff engineers are competent to pass judgment on whether this will drain properly or not. Schintler said, that since price should not be a consideration, that the reason she was originally going to vote in favor of this plan is that there is a comparable development around a courtyard in her own neighborhood. She said she thought that development works and thought this would give someone a chance to move up out of a condominium into a single-family home. Gibson asked if the motion includes the requirement for the addition of an alley behind the lots on the south side of Langenberg. Kugler said the condition calls for the incorporation of a garage setback or provisions for a rear access to those lots. The motion carried on a vote of 4-2, with Bovbier{i and Ehrhardt votina no. DEVELOPMENT ITEM: SUB98-0028. Public discussion of an application submitted by Frantz Construction Co. for a final plat of Hollywood Manor Part 6, an 8.32-acre, 24-1ot residential subdivision located on the west side of Sycamore Street south of Burns Avenue. (45-day limitation period expires February 19, 1999) Planning and Zoning Commission February 4, 1998 Page 13 Miklo said this property is on the west side of Sycamore Street south of Burns Avenue. He said the Commission and the City Council approved the preliminary plat for this property in January of 1997, and the applicant is now seeking final plat approval. Miklo said the final plat is essentially the same as the preliminary plat, and there were several conditions identified at the time of the preliminary plat that need to be included in the legal documents for this subdivision. He said those include a provision to assure the installation and maintenance of the landscape buffer for the two lots that back onto Sycamore Street, provisions for payment of a sidewalk fee, given that the City will build a sidewalk that normally would be built by the developer when Sycamore Street is built, and provisions for fees for a stormwater management basin. Miklo said this is one of the few properties on the west side of Sycamore Street that can drain into the regional stormwater facility that the City is building east of Sycamore Street. He said the other conditions for the legal documents include payment of open space fees and provisions in the legal papers for the drainage of buildings with basements. Supple asked about the change in street name from Lakeside Drive to Wetherby Drive. Miklo said the one change from the preliminary plat involves the street names. He said the change from Lakeside to Wetherby was reviewed by City staff. Miklo said that a name change like this is typically not done at an intersection, with the main concern being with confusion for emergency access or fire vehicles.. He said the Fire Marshal reviewed this and felt that while it was not ideal, it would be acceptable, and he was willing to approve the plan with the street name Wetherby on the plat. Miklo said staff recommends approval of the final plat subject to legal papers and construction drawings being approved prior to City Council consideration of the plat. Public discussion: Larry Schnittier, 1 91 7 South Gilbert Street, said he was available to answer any questions the Commission might have. Richard Rhodes, 2014 Rochester Avenue, said it is very foolish to have streets that face each other squarely across a cross street called by different names. He said it makes it incredibly difficult to find one's way around town. Rhodes said it is short-sighted and foolish, not only for emergency services but also for visitors to the City and for residents too. Public discussion closed. MOTION: Shannon moved to approve a final plat of Hollywood Manor Part 6, an 8'32- acre, 24-1ot residential subdivision located on the west side of Sycamore Street south of Burns Avenue subject to approval of legal papers and construction drawings prior to City Council consideration of the plat. Ehrhardt seconded the motion. AMENDMENT TO THE MAIN MOTION: Gibson moved to change the name of Wetherby Drive to Lakeside Drive for this proposal. Bovbjerg seconded the amendment. Gibson said he agreed with Rhodes that it would be ludicrous to have two names for this street, and it would not serve the citizens of this area nor would it serve future users. The amendment to the main motion carried on a vote of 6-0. Planning and Zoning Commission February 4, 1998 Page 14 The main motion, as amended, carried on a vote of 6-0. 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. Rockwell said the Commission had arrived at a consensus that First Avenue be extended, with the other point of consensus being that the Captain Irish Parkway/Scott Boulevard extension should occur simultaneously with the First Avenue extension. She said staff therefore prepared an amendment to the text of the plan indicating this. Rockwell said another amendment to that section used the word implemented regarding an embargo on large trucks instead of the word investigated. Rockwell said there was some discussion about traffic calming measures, and the Commission decided to stay silent on that specific point, although within the text of the plan, it does call for some ameliorating measures. Regarding access to Hickory Hill Park, Rockwell said she rewrote the amendment to say that a small parking area may be considered on the west side of First Avenue to facilitate public access to Hickory Hill Park, particularly if no on-street parking is allowed on First Avenue in the vicinity of the park. Gibson said he spoke with AI Stroh, who is on the Parks and Recreation Commission, about that commission's action on this, particularly in light of staff's seemingly opposite position. Gibson said Stroh did not think the Parks and Recreation Commission objected to the notion of a parking lot at that end of the park but did not want to have parkland taken for that parking lot. Miklo responded that he was at the Parks and Recreation Commission meeting when the question came up as to whether there should be a parking lot or access to the east side of the park. He said the argument against it was more couched in the fact that there was some concern about overdeveloping the park. Miklo said one of the key points raised from citizen input was not to pave trails, and he thought that was what the Parks and Recreation Commission was considering. Gibson asked if the Parks and Recreation Commission were told that there is probably not land to develop a parking lot there right now without purchasing land so that they were led to believe that any parking lot to be located there would have to come out of the park. Miklo said that, in fact, Terry Trueblood pointed out that there really was not a lot of land with frontage on First Avenue and any parking lot would probably have to be on the Glasgow property or the Larson property. Supple said she thought the amendment was sufficiently ambiguous to leave the matter open. Rockwell said it leaves the issue open but does draw attention to the need for public access to the park. Regarding the tee intersection, Rockwell said staff has put forth two options for the Commission to consider, based on comments from Commission members. She said the first option would be to leave the intersection as shown on the plan but instead of ending Scott Boulevard at Rochester Avenue, to continue Scott Boulevard north to Dodge Street, naming the curved arterial street Scott Boulevard, not Captain Irish Parkway, in order to keep the continuity of the name across the intersection. Rockwell said she added clarifying amendments to the text of the plan and referred to the example provided. She said the Commission has asked that if option one were selected, there should be some text regarding how this promotes the flow of the traffic, and that language was incorporated into that option. Planning and Zoning Commission February 4, 1998 Page 15 Rockwell said a second option would be to have Scott Boulevard continue north of Rochester, but instead of arcing over to the west as Captain Irish Parkway, it would continue it's northerly course and eventually cross over Interstate 80 as Scott Boulevard. She said Captain Irish Parkway would then tee into the Scott Boulevard intersection. Rockwell said this would create more of a gridlike situation but would still maintain the streets on tops of the ridges; it would just be the intersection itself that would be changed. She said the way the intersection is built would depend on what is to be emphasized. Rockwell said staff would support the first option more wholeheartedly than the second, but either one could be done. She said staff's preference for option one reflects the desire to keep traffic off First Avenue to the extent possible by streamlining what is now called Captain Irish Parkway and not creating another intersection that doesn't need to be there. Regarding the density transfer and park buffer, Rockwell said the amendment incorporates language regarding shifting density on the Larson property away from the park and aligning it with slightly higher density townhouses and small apartment houses along adjacent arterial streets. She said a larger buffer area for the park on the Larson tract may be possible if the property owners consent to a greater transfer in density, or there is private and/or public purchase of a portion of the property. Regarding the concern about the concentric design of streets in the Lindermann Hills neighborhood, Rockwell said staff tried to incorporate language for utilizing radiating streets as shown on the plan but recognizing that there are other patterns of development that could occur in the Lindemann Hills area, as long as that green square is the focal point of the neighborhood. With regard to the Lindemann Hills density, Rockwell said the amendment has essentially been left as it was except for adding one more sentence saying that higher density buildings may be considered if appropriately designed for this highly visible focal point of the Lindemann Hills Neighborhood. She said she also added the idea of having a pedestrian orientation. Regarding alleys, Rockwell said a sentence was added to make it clear that alleys would not be used in all cases if there were marked topographical changes or large lot development. Rockwell said the last amendment simply incorporates the sentence that the City and County Fringe Area policy for Area B (the two-mile wide unincorporated area located east of Iowa City) discourages residential development, and works to reinforce the City's goal of creating a visible edge of urban development. She would add the sentence stating that these policies will logically shape the course of development so that the far eastern and northeastern portions of the district will not likely develop until areas closer to the existing City are built out. Bovbjerg thanked staff for the work done. Gibson said this was a tremendous job done by Rockwell and staff. Shannon asked Rockwell what she would thought would happen with regard to crossing the interstate. Rockwell responded that she discussed it with Jeff Davidson, who has said that crossing over the interstate will not happen any time soon. She said that staff would like to see that the traffic to be carried be done so in the most efficient way possible. Ehrhardt said she was in support of option one and liked the additional wording about the flow of traffic. Schintler said she also liked option one and felt staff did a good job on this. Ehrhardt said, regarding the Lindemann Square density, that the term scale is used, but if there are already large buildings around, the scale for a new building would be another large building. Rockwell said that anything would be scaled to fitting in with basically a single-family residential neighborhood. Ehrhardt asked if the term mass could be included, as it seems more impressive Planning and Zoning Commission February 4, 1998 Page 16 to use than scale and would have more meaning to her. She said that scale involves a comparison, but mass is all by itself as a standard. Public discussion: Bennett Brown, 802 East Washinqton Street, requested that the Commission protect the open vista by removing the houses overlooking the park. He said he thought there may be four, five, or six lots overlooking the park. Brown said he liked the fact that staff outlined three different methods for the denSity/park buffer amendment. He said one option is a buffer that is simply in the plan that the City would implement in the platting process, i.e., there is no taking. Brown said the second option is a public purchase - that is the developer doesn't consent to a transfer in density that would protect the open vista that is there and argues instead that the requirement that these few dwellings constitutes a taking and the City Council incorporates it into the budget and the land be bought with public funds. He said the third option would be that if the developer argues that this is a taking and the money is not there in public funds, that private individuals or groups come in and add to a buffer that has been established by the City. Brown said those are three good options. He asked that the plan be amended to remove those four or five lots so that the City Council, Parks and Recreation Commission and private individuals can then begin the work of figuring out how the three options can be put into place to implement a plan. Brown said the 80 acres that are the open fields in the north park are an incredibly valuable asset to the community, and it is worth preserving the value of those acres by purchasing whatever it takes to keep those four or five lots from overlooking the park. Gibson said he did not disagree with Brown in terms of his objectives. He said that given Brown's points, it might be smarter to leave those (four or five lots) in to provide an incentive for movement in terms of acquiring that land by private or public means to stave off the development. Gibson said that taking that out might remove any incentive to get that going. Brown said he would like to see this done via the first option, by using a buffer. He said he thought it was reasonable to ask that four or five units be shifted to an arterial street as a single apartment building and would not be a significant shift in the plan that is already being offered. Brown said that if the City Attorney's Office feels that the transfer of four or five additional lots change this from not being a taking to being a taking, then he would agree with Gibson that putting those lots in there gives an impetus. He added that it seems that the City has more weight behind it when it argues with a developer against developing these lots and is willing to give a platting that permits a much higher density in another place where these apartments would be profitable. He said that if it is incorporated in the plan, it puts a lot of punch behind the City's request. Holecek stated that the Comprehensive Plan is merely a guideline, and how we get from there to the actual development is where we get to the point of actually fitting in the mechanisms that are going to make that happen. She said that where' buildings and things are necessarily situated in the picture is not that relevant at this point. Brown said he is not asking for the conceptual picture but wants to see language in the plan that says, not a buffer, but a buffer that protects the park from houses overlooking the park. Mary Doyle, 217 North Mount Vernon Drive, said she uses Hickory Hill Park every day. She said it is of incredible value to the City as a place where people can go and not see houses and development. Doyle said she also would like to see language in the plan that makes it clear that Planning and Zoning Commission February 4, 1998 Page 17 there will not be houses overlooking the park. She said that four or five houses there would benefit four or five families, but if those houses are not there, it is a benefit to the rest of the City. Richard Rhodes, 2014 Rochester Avenue, thanked the Commission and staff for their efforts to maintain the continuity of Scott Boulevard across Rochester Avenue. He said he didn't care about the configuration but felt it was important to have continuity in the street name. Public discussion closed. MOTION: Bovbjerg moved to defer action 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. Ehrhardt seconded the motion. Gibson suggested that there was no need to defer action on this item as he was prepared to vote and asked how other Commission members felt. Supple said she felt that any confusion discussed at the informal meeting had been cleared up by staff. The consensus of the Commission was to vote on approval of the Northeast District Plan. WITHDRAWAL OF THE MOTION: Bovbjerg withdrew her motion. Ehrhardt withdrew her second to the motion. MOTION: Shannon moved to approve 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. Gibson seconded the motion. AMENDMENT TO THE MAIN MOTION: Bovbjerg moved to amend the Northeast District Plan to incorporate the amendments as presented by staff at this meeting and using option one for the Captain Irish Parkway/Scott Boulevard tee intersection. Gibson seconded the motion. The amendment carried on a vote of 6-0. AMENDMENT TO THE MAIN MOTION: Ehrhardt moved to amend the Northeast District Plan to change the section regarding density transfer/park buffer to include, after the first sentence, "A goal of this buffer is to minimize visibility of residential development from Hickory Hill Park." Gibson seconded the motion. The amendment carried on a vote of 6- o. AMENDMENT TO THE MAIN MOTION: Ehrhardt moved to amend the Northeast District Plan to change the section regarding Lindemann Square density to read, "that are compatible in scale and mass with the surrounding residential development." Bovbjerg seconded the motion. The motion carried on a vote of 6-0. Supple complimented staff on their excellent work on this plan. She said her comments had involved things she didn't like, but there were a lot of things she did like about the plan. Bovbjerg said the work on this went back a long time with a lot of public input and said that staff was very receptive to that input. Supple thanked the public for participating, saying that she had not seen any group before the Commission that was more respectful, better organized, or spoke more intelligently and to the point. The main motion carried on a vote of 6-0. Planning and Zoning Commission February 4, 1998 Page 18 CODE AMENDMENT ITEMS: Public discussion of a proposed amendment to City Code subsection 14-4B pertaining to Board of Adjustment notice requirements and incorporation of Board procedures into the Zoning Chapter. Rockwell said this item was for technical housekeeping to get the Board of Adjustment house in order. She said this involves making the ordinance in conformance with what the City Council has asked for and putting the Board of Adjustment back in the zoning ordinance where it belongs. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to approve an amendment to City Code subsection 14-4B pertaining to Board of Adjustment notice requirements and incorporation of Board procedures into the Zoning Chapter. Shannon seconded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE JANUARY 7 AND JANUARY 21, 1999 PLANNING AND ZONING COMMISSION MEETING MINUTES: Supple said the minutes for the January 21 meeting were just received before the meeting and would therefore not be voted on. Bovbjerg said she had a minor change to the January 7, 1999 minutes to submit to staff. MOTION: Bovbjerg moved to approve the minutes of the January 7, 1999 Planning and Zoning Commission meeting subject to minor changes to be submitted. Shannon seconded the motion. The motion carried on a vote of 6-0. PLANNING AND ZONING INFORMATION: Supple asked Commission members for their ideas for nominations for election of officers. Bovbjerg suggested continuing with the current officers. Miklo said he would put officer elections on the agenda for the next formal meeting. Supple reminded Commission members that there would be no informal meeting on February 15. Miklo said the Commission would meet with the City Council in council chambers on February 22. He said he would send the Conditional Zoning Agreement to Commission members and would also send the minutes from the City Council meeting discussing the Saddlebrook application. Supple said she would also like to see the Conditional Zoning Agreement from the original plat that was already approved and developed. Miklo said he would send that as well. Gibson said the City Attorney had informed him that he was probably in error in speaking up against the developer speaking for a second time, and he apologized for that. He suggested Planning and Zoning Commission February 4, 1998 Page 19 that if the developer is to get an unlimited amount of time to speak, he should get an opportunity to speak both before and after the public hearing. Holecek said that of anyone in the room, the developer clearly has the most due process rights because he is the one before the Commission with the vested property interest. She said she would not go so far as to say that the applicant has unlimited time before the Commission, particularly when comments become redundant, but the applicant probably should not have been stopped when he was responding to comments from the public. Holecek said, however, that this was then rehabilitated by another person who on behalf of the applicant came up and finished that conversation and responded to comments. ADJOURNMENT: The meeting was adjourned at 10:28 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte ppdadmin~mins%p&z2-4.doc February 23, 1999 Douglas S. Russell Stein, Russell & Pugh, LLP Englert Building PO Box 2416 Iowa City, IA 52244 CITY OF I0 WA CITY Re: Police Citizens Review Board Dear Doug: I reviewed the minutes of the PCRB's February 9, 1999 meeting, which were included in the Council's agenda packet for this week and noted two instances in which the characterizations of my opinions require clarification. First, the minutes state that t disagree with the Board's position that it should receive information about complaints filed with the Police Department. This was not my position when I met with representatives of the Board. Rather, I reserved judgment until additional information was provided by the Board and, upon receipt of that information, was agreeable to the Board receiving information about Police Department complaints. Second, the minutes state that "The City Attorney feels the ordinance should be changed to exclude [the right of the Board to name an officer in a sustained complaint]. To the contrary, as reflected in my last memo to Council, I have stated that guidelines should be put in place to determine when such identification would be appropriate. At the Council's work session last night, I clarified my opinion on these two issues and told them I would let the Board know of this clarification. Very truly yours, Eleanor M. Dilkes City Attorney Cc: Steve Atkins Marian Karr Sarah Holecek R.J. Winkelhake 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 POLICE CITIZENS REVIEW BOARD MINUTES - February 9, 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. Board member absent: M. Raymond. Staff present: Legal Counsel D. Russell and administrative assistant S. Bauer. Motion by P. Hoffey and seconded by Pat Farrant to adopt the Consent Calendar. Motion carried, 4/0, Raymond absent. RECOMMENDATION TO COUNCIL None MEETING WITH COUNCIL Motion by P. Farrant and seconded by J. Watson to consolidate Items 3, 4 and 5 of the agenda. Motion carried, 4/0, Raymond absent. Receipt acknowledged of 2/4/99 Memorandum from E. Dilkes regarding "Timeline for Police Chief's Report to PCRB," and 2/4/99 Memorandum from Chief winkelhake regarding "Request for Extension." Chair Cohen gave a brief summary of the meeting on 2/8/99 with City Attorney Dilkes and S. Holecek and the Board's subcommittee comprised of Cohen, P. Hoffey (substituting for M. Raymond) and Legal Counsel Russell. Cohen stated the meeting was very beneficial. All the Board's "Topics for Discussion" for the joint meeting on 2/11/99 were addressed, discussing ways of resolving each of the issues identified. There was also extensive discussion on the City Attorney's role, the Board's role, and the City Attorney's role with the Police Department. P. Hoffey concurred that the meeting was beneficial and he was satisfied with the results. He acknowledged that Dilkes feels both the SOP's and the ordinance need some "fine-tuning." Cohen and Hoffey also expressed concern about public "perceptions," (i.e. when you take away the right for a complainant to appear at a summary dismissal hearing, there's the appearance that the Board is being undercut). Legal Counsel reported on the status of the issues resulting from the meeting between the City Attorney and the Board's subcommittee: · Issue #6 - The City Attorney concurred on extending the deadline for the Board to makes its report from 30 days to 45 days from receipt of the Chief's report. · Issue #5 - The City Attorney also concurred with extending the filing deadline from within 60 days to within 90 days of alleged incident. · Issue #4 - There was agreement that a specific period of time, as opposed to "in a timely manner," should be extended for the Chief or the City Manager to complete their report. The City Attorney recommends 90 days. After discussion, the Board's consensus is to recommend 60 days. · Issue #3 - The City Attorney's concern regarding the complainant's right to appear at a summary dismissal hearing is that the merits of the complaint and the identity of the officers could become part of the public record. Possible solutions she suggested included (1) the summary dismissal hearing be held in executive session if the complainant attends (2) a subcommittee could interview the complainant for the information; (3) the complainant could make a written submission; or (4) select a level of review that accommodates an independent investigation. The Board's concern is receiving the necessary information from the complainant to make a judgment as to timeliness or whether an Iowa City police officer is involved. After discussion, the Board agreed that Legal Counsel should report to the City Attorney and suggest she draft new SOP's that will cover these choices for the Board to investigate. · Issue #2 - Regarding the two distinct complaint forms (the PCRB Complaint Form and the ICPD Complaint Form), the City Attorney and the subcommittee agreed that an information card could be attached to each complaint form, explaining each option available to a citizen. However, the issue regarding whether the Board should receive 3 MEETING SCHEDULE information about complaints filed on the Police Department forms, and what it may do with that information, is not resolved. The Board does not feel it can properly supervise department policy and department compliance with community standards without having this information. The City Attorney disagrees with this stance, suggesting the Board be prepared, to answer what complaints the Board wants to know about and what information they want and what use would it have. * Issue #1 - The City Attorney's primary concerns with identification of officers is (1) the mere fact of a complaint of misconduct does not imply evidence of guilt, and (2) the confidentiality issue of keeping officers' names from the public. The resolutions submitted by the City Attorney and the subcommittee is to draft an SOP which makes it clear that an allegation of misconduct is not evidence of misconduct. The second part of that SOP, regarding confidentiality, would allow the Board to receive unique identifying numbers for each officer in the Chief's reports, but the Board will use a numbering system in its public reports that will not allow identification of the officer by the public. · Issue #7 - The Board insists that it maintain the right to release the name of the officer in a sustained complaint. The City Attorney feels the ordinance should be changed to exclude this right, Legal Counsel Russell was directed by the Chair to contact the City Attorney to give her a summary of this meeting, in preparation for the joint meeting on February 11. The Board then discussed brief presentations (with handouts) to be made by J. Watson, P. Farrant, and D. Russell at the joint meeting. · 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 - to be determined · Regular Meeting March 9, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center - to be determined PUBLIC DISCUSSION None BOARD INFORMATION Cohen reported M. Raymond's absence due to her mother's death. STAFF INFORMATION S. Bauer - received from the City C!erk's Office City Council transcripts of discussions leading to the establishment of the Board. These documents will be circulated amongst Board members for their review. D. Russell - reported casual contact with Office Dan Dreckman, union official for the police officer's union. EXECUTIVE SESSION D. Russell - discussed with E. Dilkes the possibility of his being appointed as a judge to the Johnson County District Court, which appointment will be made by the end of February. If appointed, Dilkes concurred with the Board that one of Russe!l's partners could fill in during the interim until new legal counsel is appointed by the Board. Vice-Chair Watson presiding. Motion by P. Hoffey and seconded by P. Farrant to defer Item #10 on the agenda as the Board is still awaiting additional information from the Police Department regarding #98-19. Motion carried, 3/0, Raymond absent, Cohen abstaining. Chair Cohen presides. ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by J. Watson. Motion carried, 4/0, Raymond absent. Meeting adjourned at 8:35 P.M. MINUTES PUBLIC ART ADVISORY COMMITTEE FRIDAY, JANUARY 22, 1999 - 3:30 P.M. LOBBY CONFERENCE ROOM - CIVIC CENTER 5b(9) MEMBERS PRESENT: Rick Fosse, Deborah Galbraith, Kevin Hanick, Gary Nagle, Nancy Purington, Terry Trueblood MEMBERS ABSENT: Lesley Wright STAFF PRESENT: Karin Franklin, David Schoon OTHERS PRESENT: Andrea Myklebust, Stanton Sears CALL TO ORDFR: Hanick called the meeting to order at 3:34 p.m. PUBLIC DISCUSSION: There was none. REPORT FROM ANDRFA MYKLEBUST AND STANTON SEARS ON "WEATHERDANCE": Sears and Myklebust presented a revised diagram of Weatherdance along with colored granite samples, and passed out a project cost estimate to Committee members. Sears explained how they arrived at each cost estimate. He noted that some of the adjustments to Weatherdance resulted from a fire lane adjustment in the Streetscape plans, and that they dropped the number of jets from seven to six. He showed the cast bronze covers proposed for the jets, and said they have to be strong enough to support a utility truck. He said that they plan to have the bronze manhole and jet covers bolted down, but they have to have a pick hole opening for maintenance access. He also noted that the amount of granite had been pulled in from the seating wall, and that space would be filled with concrete instead of granite. Fosse said that pouring the concrete on the perimeter would usually happen first and then the granite would be laid or filled in. Sears said that in their conversation with Jim Harbaugh and Bob Kost of BRW Consultants, they have talked about doing it both ways, the way Fosse stated and placing the granite first and then filling in the outer area with concrete. He said it could probably be done either way, but due to some infrastructure connections they plan to start inside and work their way out. He discussed the color and configuration of the cloud walls and the proposed concrete colors. Nagle said he was concerned that the number of angles and special cuts required for the granite would increase the cost beyond what is indicated on the cost estimate sheet. He suggested that Sears and Myklebust meet with a few contractors to discuss installation costs because he thought their estimates were low. Franklin said that the entire Streetscape project phase, which will include Weatherdance, would be bid out to a general contractor in February. She said then the general contractor could subcontract out for specific pieces of the Streetscape project, so Myklebust and Sears would not be responsible for hiring a contractor for installation, and the installation costs would come out of the Streetscape budget, not out of the art budget. Public Art Advisory Committee January 22, 1999 Page 2 Purington asked if Myklebust and Sears would be available to oversee the installation process. Myklebust said they would like to, and noted that Sears plans to attend the pre-bid meeting for the general contractors in February. Sears said that the six jets will shoot the water at different heights and distances, such that the first jet will shoot a stream of water 10 feet high and 10 feet from the jet and the other five jets will shoot progressively shorter streams so that the sixth jet's stream will shoot up seven feet and out seven feet. He said that they have talked with the pool/jet people who feel that the water will be shooting out at a low enough pressure so that a person could step on the jet and not hurt themselves. Sears discussed the option of fiber optic light within the streams of water that would not show in the stream, but would show when the water hit its destination. He said that the fiber optics would add a maintenance issue and could cost an additional $10,000. He noted that the fiber optic might be difficult to see with the lighting level in the Plaza around the water feature. Nagle said he thought the light addition to Weatherdance would really set the project off and make it nice. Sears and Myklebust said they would check on the maximum number of lumens or foot-candles that could be allowed and still have the fiber optic light working. Fosse said he would really caution people against dimming other ambient lighting in the water feature area. The Commission decided to have Sears and Myklebust pursue the fiber optic option with the proposed surrounding lighting and to have staff check on the possible manipulation of the surrounding lighting to see if the fiber optics would work. Purington and Hanick said they would rather have the "N" for north put on a bronze cast cover that was in symmetry with the "S" cover instead of carved on the cloud wall. Fosse noted that the "N" on the cloud wall might be more visible from a pedestrian point of view. Franklin asked if the project went over budget due to the fiber optics, would the Committee want the overrun to come out of the money for the sculptures, out of possible fundraising or out of next year's budget. The Commission decided to take any cost overruns from next year's budget. Galbraith suggested doing some fundraising efforts that could offset the costs. (Galbraith left at 4:53 p.m.) Purington suggested the cover on the storm sewer be restored to the original round design rather than the square casting shown. It was agreed that the N would be cast to be symmetrical with the S, provided the recycling tank cover can be covered with a granite piece. It was also agreed that the storm sewer should be round. Franklin asked Sears and Myklebust if the water from the jets could be lowered during performances on the stage and where the water would drain if this were to occur. Myklebust indicated she would check on this. COMMITTEE TIME/NEW BUSINESS: None. Public A~ Adviso~ Committee Janua~ 22,1999 Page 3 ADJOURNMENT: Adjourned at 5:10 p.m. Minutes submitted by Traci Wagner ppdir%min\artl -22.doc MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESOAY, JANUARY 20, 1999 - 5:30 P.M. IOWA CITY CIVIC CENTER - COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Russell Bennett, Mark Graham, Jeff Gillitzer, Dan Mascal, Lynn Rose, David Thayer, Larry Wilson Cortney Daniels, Gretchen Grimm, Joe Kral Brad Neumann RFCOMMFNDATION TO CITY COUNCIL: The Commission approved, by a vote of 7-0, to recommend to City Council to remove the Parks and Recreation Commission seat on the Riverfront and Natural Areas Commission, and to revise RNAC's by-laws to change their membership to 10 members. CA/I TO ORDFR: Thayer called the meeting to order at 5:36 p.m. PUBLIC DISCUSSION OF ANY ITFM NOT ON THI= AGFNDA: There was none. CONSIDFRATION OF THF MINUTI=S OF THF DFCFMBFR 16. 1998. MFFTING: MOTION: Rose moved to approve the December 16, 1998, meeting minutes as submitted. Wilson seconded the motion. The motion carded by a vote of 7-0. COMMISSION ACTION: Election of Officers Neumann said the Nominating Committee recommended that Rose be elected Chair and Thayer be elected Vice-Chair. Thayer said he would be out of the country from mid-February to May, so he would miss four meetings. Rose said Thayer's absence would not be a problem for her as long as she could count on other Commission members to help out. MOTION: Wilson moved to accept the Nomination Committee's recommendation of Rose as Chair and Thayer as Vice-Chair. Mascal seconded the motion. The motion carded by a vote of 7-0. Thayer noted that the Coralville mayor indicated that there might be members of the Coralville City Council sitting in on the Commission meetings to.'represent Coralville dudng Thayer's absence. The Commission orientation meeting was set for Tuesday, January 26 at 5:45 p.m. Recommended change in by-laws Neumann said that he spoke with Terry Trueblood from Parks and Recreation and the Parks and Recreation Commission (PRC) decided at their last meeting that they did not want to send a representative to RNAC anymore. He said the lines of communication will be kept open with them by he and Trueblood shadng information, and Trueblood said if RNAC had a specific issue Riverfront and Natural Areas Commission January 20.1999 Page 2 or need, they would send a PRC representative to that RNAC meeting. He said that he could also attach PRC's meeting agenda and minutes to RNAC's agenda so RNAC members can keep up with what PRC is doing. Thayer said he would be fine with that as long as the communication lines between the two Commissions stay open. Neumann said that reduces the number of RNAC members to 10. He said they could stay at that number for the rest of the year, and then either add another representative totaling 11 members or remove a member totaling 9 members. Bennett said that he would be hesitant to say that the Commission could get by with dropping one seat of County representation. Wilson suggested to leave the number at 10 for this year, consult the County and then maybe drop the third County seat after that consultation. Commission members discussed the issue of an even number of members causing a split vote, and could not recall a time or issue that caused such a close vote. They agreed that they did not think it would be a problem, and that they could revisit the issue if it became a problem. MOTION: Wilson moved to recommend to the City Council to accept the Parks and Recreation Commission's request to remove their RNAC seat, and to revise RNAC's by-laws to change their membership to 10 members. Bennett seconded the motion. The motion carded by a vote of 7-0. Appoint a Special Events Committee Wilson suggested brainstorming a list of potential special events at the Commission's February meeting after the Orientation meeting had taken place, and then appointing the Special Events Committee. He said that way the new members could leam more about the Commission and may be more eager to help out with Special Events at that time. Mascal said that May is National Wetlands Month and June is Rivers Month. MOTION: Mascal moved to table the appointment of the Special Events Committee until the Commission's February meeting. Wilson seconded the motion. The motion carded by a vote of 7-0. COMMISSION DISCUSSION: Update on EIk's Club golf driving range proposal for the Peninsula Neumann said that there had been no response from the EIk's Club and he would include this item on each month's agenda to keep the Commission informed of the situation. He gave a brfef overview of the situation with the EIk's Club and the Peninsula to new Commission members. Discuss the development of the Iowa City Creek Maintenance Program Neumann explained the program and its background to the new Commission members. He said that the Public Works Program has basically turned this'program over to the Commission to develop and promote. He passed out the updated Neighborhood Association's P.I.N. grant applications, and noted that the P.I.N. grant deadline was March 1999. Rose said she thought some of the projects would be larger than $15,000. She suggested spending some of the money this year on a professional walking survey done in Iowa City to look at the stream banks and to see which areas need the most help. Rose suggested calling Amy Boshka from the Natural Resources Conservation Service (NRCS) to find out. She said that this program has a lot of issues to deal with. R~verfronl and Natural Areas Commission Janua~ 20. 1999 Page 3 Wilson said that the Commission needed to decide how they want the streams to look, develop a vision based on that idea and develop guidelines for the neighborhoods on how to maintain their creeks/streams based on that vision. He gave an example of the steps the Commission should follow for the program. He said that the Commission should identify where the important stream corridors are, develop their vision, determine the role and relationship of bicycle and pedestrian trails, identify the general zones on a creek that need different treatments, develop a neighborhood training package and develop City/residential partnerships for a pilot that would serve as a model or example for the other neighborhoods to follow. He said they should also develop other assistance funds and define standards for cleanup. Neumann suggested bdnging in the NRCS to the February meeting to give the Commission some direction with the program. Wilson said that the Commission needs to at least define "cleanup" otherwise some neighborhoods with good intentions might actually do harm to the stream banks. Bennett said he thought a good first step would be to get an overview of the basins and creeks in the City. Wilson asked Neumann to bdng a map that shows the streams in Iowa City to the next Commission meeting. Neumann said he would do that. He suggested having a City engineer sit in on a meeting with the NRCS to make sure that everything will work. Wilson said he thought the Commission could make a difference by setting guidelines and giving guidance. Thayer said that the Commission has to commit themselves to a broad-based investigation of the program if they are seriously going to do it. He said they need to lay out a plan of attack to stop themselves from being so overwhelmed by the program and all its details. Rose said that NRCS' presentation at the February meeting could help them with the types of strategies to use. COMMISSION RFPORTS: RTBC representative Mascal noted the maps in Commission members' agenda packets and read over the project and funding updates discussed at the last RTBC meeting. Parks and Recreation Commission representative There was no representative in attendance. OTHFR BUSINFSS: There was None. ADJOURNMFNT: MOTION: Thayer moved to adjourn the meeting. Mascal seconded the motion. The motion carried by a vote of 7-0, and the meetin9 was adjoumed at 7:08 p.m. Minutes submitted by Traci Wagner. jcco~sw~n".n~'nac120,doc RULES COMMITTEE MEETING January 29, 1999 City Manager's Conference Room 10:20 a.m. Committee Members Present: Lehman, Norton Staff Members Present: Franklin (for discussion of Public Art By-Laws), Karr Public Art Committee By-Laws The Rules Committee reviewed the change to Article III, Section 1, as proposed by the Public Art Committee and forwarded to them on the Council agenda of January 12 as follows: Qualifications. The Public Art Advisory Committee shall consist of seven (7) members, five (5) of whom shall be appointed by the City Council. Of the five appointees, three (3) shall be art or design professionals and two (2) shall be from the general public. The remaining two (2) members shall be ex-officio and shall be one (1) staff representative from each of the Departments of Public Works and Parks & Recreation. All appointed members of the Committee shall be qualified electors of the City of Iowa City. After discussion, the Rules Committee unanimously recommended that the language be amended as follows: Qualifications. The Public Art Advisory Committee shall consist of seven (7) members, five (5) of whom shall be appointed by the City Council. Of the five appointees, at least two (2) shall be art or design professionals. The remaining two (2) members shall be ex-officio and shall be one (1) staff representative from each of the Departments of Public Works and Parks & Recreation. All appointed members of the Committee shall be qualified electors of the City of Iowa City. Board and Commission Absence Policy The Rules Committee reviewed language contained in repealed ordinance 81-3034 as follows: Three consecutive unexplained/unexcused absences of a commission or board member from regular meetings may be cause for removal of said member. The Chairperson of the board or commission shall inform the City Council of any such occurrence. Rules Committee Minutes January 29, 1999 Page 2 After discussion, the Rules Committee suggested the following language be referred to the City Council for consideration: A board or commission member missing four regularly scheduled meetings (or 20% whichever is greater) may be cause for removal of said member. No more than half of the absences shall be excused. An excused absence means that the Chair or staff of the Board or Commission was notified of an absence prior to the meeting. All absences will be calculated on a continual twelve month basis starting with the appointment of the member. After half of the permitted absences staff must send a letter to each member reminding them of the policy and that two more absences could mean a replacement may be necessary. After the fourth absence the member will be notified by certified mail and cited the reasons for removal. The letter shall be filed with the City Clerk and the member given thirty days from the date of the mailing to file with the City Clerk a request for a public hearing before the City Council on all issues connected with the removal. The hearing shall be held within thirty days of the date the request was filed unless the person removed requests a later date. All as set forth in Chapter 372.15 of the Code of Iowa. The Rules Committee requests that the City Attorney determine whether the language should be contained in a resolution, ordinance or Board and Commission By-laws; appropriate revisions; and if future appointees could sign a statement indicating they understand the attendance requirements and waive their right to a public hearing at a later time. [NOTE: City Atty. will meet with the Rules Committee for discussion of the proposed policy prior to any recommendation to Council.] Meeting adjourned 11:05 a.m. MINUTES SENIOR CENTER COMMISSION TUESDAY, JANUARY 19, 1999 MEMBERS PRESENT Bebe Ballantyne, Jay Honohan, William Kelly, Terri Miller, Allan Monsanto, Larry Pugh, and M. Kathryn Wallace. MEMBERS ABSENT STAFFPRESENT Joanne Hora, and Deborah Schoenfelder. Michelle Buhman, Linda Kopping, Susan Rogusky, and Julie Seal: GUESTS PRESENT Jackie Hess, and Lee McGovem. CALL TO ORDER Miller called the meeting to order at 3:00. MINUTES Motion: To approve December minutes as distributed. The motion carded on a vote of 7-0. WallacelHonohan. PUBLIC DISCUSSION None. SENIOR CENTER SPACE ISSUES - Honohan Honohan presented tentative plans for the Iowa Avenue Parking facility that were obtained at a meeting with Parking and Transit Manager, Joe Fowler. Commissioners discussed the growing space needs of the Senior Center and in-house agencies and how 8,000 square feet of additional space might be utilized. Motion: To request 8,000 square feet in the parking facility and establish a position paper to he presented at the January 26, 1999 City Council meeting. The motion carded on a vote of 7-0. HonohanRVallace CITY COUNCIL BUDGET REVIEW -Miller A permanent haft time Maintenance Worker and funding for a part-time receptionist have been tentatively approved. The budget was reduced in a number of areas and the Senior Center is asking for maintenance supplies and a few other line items to be increased. SENIOR CENTER UPDATE Operations - Kopping The Advisory Board for Johnson County SEATS is holding a meeting to discuss a shuttle service to the Senior Center dudng the construction of the Iowa Avenue Parking Facility. Kopping plans to have a Senior Center staff member attend this meeting. Kopping is in the process of implementing a project to refumish the main lobby, first floor lobby, and Mezzanine levels of the building. MINUTES SENIOR CENTER COMMISSION TUESDAY, JANUARY 19, 1999 2 A consultant agreement has been approved by legal and will be signed by H. R. Green for the installation of the sprinkler system, ceiling tile and replastedng several areas of the ceiling on the lobby level. Pro.clrams - Seal February events were reviewed. Volunteers- Rogusky An update of volunteer programs and opportunities was given. COUNCIL OF ELDERS -McGovem The Council of Elders meetings will now be held on the second Wednesday of the month from 1:00-3:00. The Council of Elders will host a town meeting on March 24, 1999 at 2:00 p.m. COMMISSION VISITS City Council - Honohan A report of the City Council meeting was given. Board of Supervisors - Wallace A report of the Board of Supervisors meeting was given. COMMISSION DISCUSSION Fund raising options were discussed. The following list of Senior Center committee members was distributed: · Finance: Larry Pugh, Terd Miller, M. K. Wallace · Special Event: Joanne Hora, Allan Monsanto, Bebe Ballantyne · Policy & By Law Review: Deborah Schoenfelder, Bill Kelly, Jay Honohan Commissioners discussed options for a goal setting session to be held in March. Motion: To adjourn. Motion was carded on a vote of 7-0. Monsanto/Ballantyne. The meeting adjoumed at 4:30.