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HomeMy WebLinkAbout1999-03-02 Bd Comm minutesMINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, JANUARY 21, 1999 - 6:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Dan Coleman, Bill Elliott, Denira Gadson, Rick House, Jayne Moraski, Gretchen Schmuch, Bill Stewart MEMBERS ABSENT: Lucia Page STAFF PRESENT: Steve Long, Steve Nasby, Maurice Head OTHERS PRESENT: Larry Mazzotta CALL TO ORDFR AND APPROVAl OF THF MINUTFS FROM DFCFMBFR 17. 1998: Chairperson Schmuch called the meeting to order at 6:32 p.m. Moraski said the second sentence of the second paragraph under "Review of Allocation Process" on page 2 should read "Coleman said they did not discuss the concept of the affordability pedod being in excess of the CDBG/HOME requirements." MOTION: Elliott moved to approve the December 17 meeting minutes as amended. Moraski seconded the motion. The motion carded by a vote of 5-0. (House arrived at 6:34 p.m.) PUBLIC/MFMBFR DISCUSSION OF ITFMS NOT ON THF AGFNDA: There was none. (Coleman and Renquist arrived at 6:35 p.m.) RFOUFST BY FARNAM GROUP, INC, (RIVFRVIFW PI ACF) FOR ADDITIONAL FY99 HOMF FUNDS: Schmuch noted the letters in the agenda packet regarding Riverview Place. Long said that Mazzotta has state HOME funds reserved for the project and is requesting $60,000 more in local HOME funds to leverage the state funds as required by the state. Long suggested that HCDC review the policy for allocating uncommitted HOME dollars from the contingency fund. In response to a question, Nasby said that Riverview's odginal request was $180,000 for 72 units and that was cut in half because the tax credit award awarded last year was for half of the units. He said that Mazzotta applied for $450,000 in state funding, and the City had committed $90,000. He said that as indicated in the IDED letter, the state's funding policy is that they give $3 for every local $1 the applicant has, so Mazzotta is $60,000 short in local funds for leveraging that state money. Stewart said he thought the Commission was told when they made the $90,000 allocation that the $90,000 amount would work for the project, and asked when the change came. Mazzotta said he did not know the state match requirements at that time, and the costs of producing the project have grown. He said they are about $118,000 over their planned budget. He said the tax credit syndicater added about $42,000 of additional equity funds to help compensate. Stewart asked about the project's status. Mazzotta passed out a general location map and site plan of the project. He said he and the project engineer would be meeting the next day with the Housing & Community Development Comm. Minutes January 21, 1999 Page 2 City Planning Office to make certain the City's requests regarding the building and site plan were met. He gave a summary of the project for new Commission members. Renquist asked if the project zoning issues were settled. Mazzotta said they are settling. He said their original project site was on Taft Speedway, but enough questions were raised regarding flood plain issues on Taft Speedway, that they decided to pursue another site. He said that the cost of elevating Taft Speedway by five feet at their entry point gradually declining back to No Name Road and up to Foster Road was over $1 million, so they changed the site. He said the new site is at Scott Boulevard and Washington Street. Stewart asked when construction would start. Mazzotta said in March 1999. Moraski asked if Mazzotta felt confident about the project's zoning. Mazzotta said the issues regarding the facility and how it is situated on the site were dealt with in the planning sessions for the Taft Speedway site, and the major issue for that site was the access road. He said they do not have those issues on this site, and pointed out the building changes that City Planning staff requested. He said the only issue remaining is the 15 attached garages on each building. He said the City prefers not to have garages visible from the street, so they may have to move some of them to the back and separate them from the building. Moraski asked if the project's preliminary plat had been approved. Mazzotta said that is what they are doing with the City staff now. Stewart asked if they purchased the land. Mazzotta said yes. Stewart asked what would happen if the project did not receive this requested funding. Mazzotta said they would lose the state HOME funds and would not be able to do the project. In response to Moraski, Nasby and Mazotta explained the difference between leverage and match requirements for state and local HOME funds to the Commission. Stewart said the Commission granted $90,000 for the first phase of the project of the odginal $180,000 requested, and asked why that did not break the project then. Nasby said staff was anticipating that the applicant would apply for the other $90,000 for the project's second phase. Mazotta said he would not be applying for public money for the second phase. Nasby said Mazotta is basically loading all the HOME funds into the first phase of the project. Stewart said he was trying to see if this qualified as an emergency under the Commission's allocating policy for uncommitted HOME funds, and he said he thought they would be stretching to do that. Moraski asked why the project would not be phased and just request the $60,000 in the next funding round. Mazzotta said the state has reserved the funds and they will lose them if they don't spend the money soon. Schmuch asked if there were other anticipated needs for the HOME funds from other projects with cost overruns. Nasby said of all the HOME projects funded last year only one has drawn any money, and that amount was $5,595, so he did not think so. Stewart said he thought the City needed the project and the Commission should take the $60,000 out of contingency, but he thought the Commission could open themselves up for criticism for doing that. He said he would rather see criticism and see a project go ahead that they need than to make the project wait and risk not doing it. He said his ideal situation would be to revisit the allocation materials and look at all the projects that were not fully funded. Renquist said she thought the emergency, to her, was if they do not receive the $60,000 the project would not go. Schmuch said she thought this project had more of an urgent need for the money than the deer allocation the Commission made earlier in terms of immediate use of funds and not having another funding pot to look from. Coleman said he thought it was urgent in terms of the project. Elliott said he would look to staff to let the Commission know if there is something there that the Commission does not know about or understand. He said the project does not go Housing & Community Development Comm. Minutes January 21, 1999 Page 3 if the funding is not allocated, and if it does not go now everything may not come together in the future. He said affordable housing and affordable housing for senior citizens are two of the City's top priorities, so he thought this situation was an emergency on a high priority project. He said his concern was if somebody else would return to the Commission to request more money. Moraski said the $6,000 drawn says to her that all those HOME projects are being held up and who knows what is going to happen with them once they get going. She said she would be more in favor of giving money to someone who has gotten going and is doing something rather than someone who is not moving forward with their project. Head said people are going to hold the Commission accountable to their allocation policy, and as long as the Commission can justify the request within their guidelines they will be fine. He said the Commission also has to realize that others are going to want to make requests for the contingency money. Schmuch asked why this project could not come under the Affordable Housing Funding Pool program. Nasby said it could have, but Mazotta was not aware of the state's position until New Year's Eve so now it does not fit in the AHFP schedule. Nasby went over the amounts that would remain in the contingency fund. MOTION: Stewart moved to allocate $60,000 from the FY99 HOME contingency funds. Elliott seconded the motion. Gadson said she thought the Commission would have to look at each project on a case by case basis. Stewart said he would rather do this than get the previously allocated $90,000 back and have $150,000 in contingency doing nothing. The motion carried by a vote of 8-0. Nasby noted that 80% of this project is privately funded. Mazzotta said he appreciated the allocation because it is the only thing they could use right now for a state leverage. He said that Riverview Place will be applying for a Federal Home Loan Bank in affordable housing funds in April. He said he thought the project met their requirements, and if they receive $60,000 from that they would be agreeable to repay the $60,000 to the HOME contingency fund in the near future. He said the problem is they cannot use the Federal Home Loan Bank money for state leverage and April would be too late anyway. Moraski volunteered to be part of a subcommittee to revisit the Commission's allocation policy for uncommitted funds. REVIEW OF THE FY00 ALLOCATION PROCESS: Long asked members to review the timeline included in their packets and let him know if any dates needed to be changed. Members agreed with the meeting dates. He said that all the meetings would be located in the Lower Level Classroom of the Senior Center. Staff handed out the binders with all the applications and the ranking sheets. MONITORING REPORTS: DVIP - Furniture Project Moraski said she met with Chris Bergan from DVIP. Bergan said that they expect to assist more people this year. She said they have already assisted 104 households in the first two quarters of this year, and they assisted a total of 180 households last year. She said they distributed 50 tons of furniture through last year. that was presumably not put in the land fill, and in the first two quarters of this year they have handled 26 tons of furniture. Moraski noted the demographic breakdown of people served on the information sheet that she passed out. She said that Bergan Housing & Community Development Comm. Minutes January 21, 1999 Page 4 was invited to attend an national conference in Orlando where discussion will be held on how larger projects that are similar to this one can help the smaller projects find volunteers and funding sources. Bergan received a $500 grant from the conference, but she needs about $200- 300 more to go. Long said Bergan called their office asking for more funds, but since it is a public service project and there is a cap for those funds they could not allow the project to go over budget. Schmuch asked if DVIP had problems finding transportation to help move the furniture. Moraski said Bergan does the pick ups with the DVIP van, which is getting older but is still running, but people picking up the furniture have to provide their own transportation to take the furniture back to their homes. Neighborhood Centers of Johnson County Renquist said she talked with Brian Loring, about the rehabilitation of their building at 2105 Broadway. She said they requested funding to rehabilitate the lower-level of the building and improve the fire safety and quality of the neighborhood community programs and services. She said they received $12,500 in CDBG funds. Loring said the project was completed in August 1998. He said they are up to fire safety code and were able to raise about $6,000 in matching funds. He said they can now have evening activities inside instead of outside. Iowa City Housing Authority - TBRA Stewart said that they have not dispersed any of the FY99 funds yet. First Home Program Moraski said she did not do the report. Mercantile Bank - Manufactured Housing Down Payment Assistance House said he talked to Rick Ehler about the project, which is downpayment assistance for the purchase of manufactured homes that are located in manufactured housing parks in Iowa City. Ehler said there had not been a lot of activity on the project. Nasby said the project was supposed to provide money for 32 loans and they have only done two. He said that he and Head met the bank staff about six months ago to suggest that the money be converted to regular downpayment assistance for any type of housing, but since the changeover in the bank it has probably gotten lost in the shuffle. He noted that it took HUD 18 months to get a waiver to staff for the project, so the delay is not entirely the bank's fault. He said they received $80,000 for the project and have spent $5,000. He also noted that the assistance is tied to Mercantile's financing. OLD BUSINESS: Combination Mortgage and Rehabilitation Program Long said that the subcommittee met last Thursday, and all eight lenders are scheduled to meet on February 4. He said they are preparing guidelines for everyone to look over at that meeting. City of Iowa City Residential Backflow Prevention Update Long said the Backflow program spent $259 of their funds, so $3,241 was returned to the CDBG program. First Home Downpayment Assistance Program Long said he heard from Fannie Mae and they were not comfortable with the City charging interest and that there was no set time period, so over the life of a 30-year loan there could be $4,500 interest on a $3,000 loan. He said they want the Commission to talk about changing the program to either set a time period, charge interest for that time period, have people pay the interest annually and have the principal due when the house is sold; have a silent second Housing & Community Development Comm. Minutes Janua~ 21,1999 Page 5 mortgage with no interest and they pay it when the house is sold; have a five- or 10-year term with 5% interest collected monthly or give a loan with a one-time 5% fee. Long said lenders have made two in-house loans so far. House said it would be his preference to collect the interest annually, and he did not think the program should go back to not charging interest. He said he thought they should get the loan program qualified so that there are more programs out there for people to use. Stewart asked how they would pay. Long said the City would collect the payment annually. Coleman asked if the City would have a problem with collections. Long said they currently have a program set up with a local lender for housing rehab loan repayments. MOTION: Stewart moved to make an administrative change with the First Home Downpayment Assistance Program to collect the interest annually. House seconded the motion. The motion carried by a vote of 8-0. NEW BUSINESS: Therewas none. ADJOURNMENT: The meeting was adjoumed at 7:40 p.m. Minutes submitted by Traci Wagner. pfxIcclbg/minfncdc1-21 .doc MINUTES IOWA CITY BOARD OF ADJUSTMENT FEBRUARY 10, 1999 CIVIC CENTER COUNCIL CHAMBERS PltELI ,IItiAR' Subject to Approval MEMBERS PRESENT: Susan Bender, Lowell Brandt, T. J. Brandt, Michael Paul MEMBERS ABSENT: Kate Corcoran STAFF PRESENT: Dennis Mitchell, Melody Rockwell, Anne Schulte OTHERS PRESENT: Gregg Hartwig CALL TO ORDER: Chairperson Bender called the meeting to order at 5:03 p.m. · ROLL CALL: All members were present except Corcoran, who had an excused absence. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON: Bender said this item was deferred from the previous meeting, because there were only three Board members at that meeting. MOTION: L. Brandt nominated Bender as Chairperson. T.J. Brandt seconded the motion. The motion carded on a vote of 4-0. MOTION: T.J. Brandt nominated L. Brandt as Vice-Chairperson. Paul seconded the motion. The motion carded on a vote of 4-0. CONSIDERATION OF THE NOVEMBER 18 AND DECEMBER 9, 1998, AND JANUARY 13, 1999 BOARD OF ADJUSTMENT MINUTES: Bender said the Board would be considering minutes from several.meetings, because of delays in receiving minutes for review and because there was not a quorum at last month's meeting of those who had been present at the November and December 1998 meetings. She said she therefore had asked for a deferral on consideration of the minutes. MOTION: L. Brandt moved to approve the November 18, 1998 minutes, as submitted. T. J. Brandt seconded the motion. The motion carried on a vote of 4-0. MOTION: T. J. Brandt moved to approve the December 9, 1998 minutes, as submitted. L. Brandt seconded the motion. The motion carried on a vote of 4-0. MOTION: Paul moved to approve the January 13, 1999 minutes, as submitted. L. Brandt seconded the motion. The motion carried on a vote of 4-0. SPECIAL EXCEPTION ITEM: EXC99-0001. Public hearing on an application submitted by Hartwig Properties for a special exception to permit an auto and truck-oriented use, that is, the expansion of a vehicle sales business, to property located in the Community Commercial (CC-2) zone at 621 S. Riverside Drive. Board of Adjustment Februar,t ~ 0, 1999 Page 2 Rockwell said this property is surrounded mainly by properties owned by Hartwig Motors. There is also a railroad on the north and Riverside Drive on the east. She said the Hartwigs plan to expand their vehicle sales business onto an adjacent lot that was formerly occupied by the Golden Corral Restaurant. They are requesting a special exception to allow the proposed expansion. Rockwell said the Hartwig Motors vehicle dealership is considered an auto and truck-oriented use. She said careful consideration should be given to the compatibility of the proposed use with adjacent sites and the level of safety for the way vehicular traffic is proposed to enter and leave the site. She stated that the Hartwig business and its proposed expansion is characterized by a largely outdoor operation, which is at some vadance with the intent of the CC-2 zone, but it does meet several of the economic development goals that are set forth in the Comprehensive Plan. Rockwell said with the expansion of their business to the 621 South Riverside Ddve property, the Hartwigs propose to address both the aesthetic and traffic-related issues that are identified as concerns in the Comprehensive Plan. She said a specific quote from the Comprehensive Plan seems almost designed for this application. She read. "as properties redevelop along Riverside Ddve, there will be opportunities to combine vehicular access points and dose existing curb cuts to minimize side friction on Riverside Ddve." She said the Hartwigs plan to extend the existing berrn landscaping on their property to the north along Riverside Drive to create a cohesive. attractive stre~scape. Concerning traffic-related issues, Rockwell said the proposed use of the property will generate less traffic than the former restaurant, and additionally, the applicants propose to close one of the two existing access points, the north drive near the railroad, on this site. She said eliminating one of the conflict points where traffic turns into and off of Riverside Ddve and allowing the anticipated reduced level of vehicular traffic to access the site where there is better visibility will improve public safety. Rockwell said it should also be a positive factor for neighboring commercial properties to be located in proximity to a motor vehicle dealership expansion that is antidpated will improve aesthetics and reduce traffic hazards in this commercial corridor. Rockwell said specific site plan requirements will need to be met pdor to the time the vehicle sales use is established on the subject property. She-said staff views this special exception to permit an auto and truck-oriented use, an outdoor motor vehicle display and sales lot for property located in the CC-2 zone at 621 South Riverside Drive, as a positive application in terms of improved traffic safety, compatibility with neighboring commercial properties and streetscape aesthetics, and staff therefore recommends approval of the requested special exception. Rockwell said if the Board determines that the requested special exception medts approval, staff suggests that conditions be attached to that approval that require the applicant to establish a landscape buffer along the Riverside Ddve frontage as approved by City staff and to close the north access drive on the subject property. She said the applicant has offered to implement these conditions and their requirement as conditions of approval will help insure that the positive effects of this special exception will be extended over time. Rockwell added that she had received no calls, positive or negative, concerning this application. Public hearing: Gregg Hartwig. 4042 Kessler, said he thinks the proposed expansion will improve the commercial corridor along Riverside Drive. He said the properties along Riverside Drive are showing their age, and the Hartwigs plan to do everything they can to modernize their property and make it safer and more appealing to all concerned. Board of Adjustment February 10, 1999 Page 3 L. Brandt said it looks like the special conditions that staff has proposed have been incorporated by the Hartwigs into their plan. He asked Hartwig if he had any particular concerns or questions about those conditions. Hartwig said he did not. He added that they want to work to comply with what the City requires. He said he thinks they can accommodate everybody's needs, while improving the looks and safety of the property. Public hearing closed. MOTION: L. Brandt moved to approve EXC99-0001, a special exception to permit an auto and truck-oriented use, that is, an outdoor motor vehicle display and sales lot for property located in the CC-2 zone at 621 S. Riverside Drive, subject to the applicant t) establishing a landscaped buffer along the Riverside Drive frontage as approved by City staff, and 2) closing the north access drive on the subject property. T.J. Brandt seconded the motion. L. Brandt said he views the proposed expansion of the Hartwig business as a very positive move and a reasonable special exception. He said as pointed out by staff, this seems particularly well-suited for the area and addresses stated goals of the City's COmprehensive Plan. He said the Board has dealt with some Riverside Ddve properties in the past and struggled with the high traffic flows, and this is a move that appears to provide some assist in reducing traffic-related problems on Riverside Ddve. L. Brandt stated that it should be a safer use of the property than the previous restaurant use, and this meets the standards of not being injurious or increasing safety problems. He said in fact this should increase the level of safety by reducing the traffic flow on and off of Riverside Ddve. He said he certainly can see no negative impact to neighboring properties. L. Brandt said he appreciated the applicant's willingness to follow through with the conditions as recommended by the City staff. He said he would support the request. T. J. Brandt said he agreed with L. Brandt, knowing that the proposed expansion is actually going to help cut down the traffic friction on Riverside Ddve, instead of having the in and out traffic that the restaurant posed and the north access next to the railroad embankment. T. J. Brandt said with the driveway near the railroad viaduct closed, visibility will be enhanced for motorists; therefore, the safety will be a lot better for that area, so he, too, would vote in favor. Paul said he was in favor of this application. He said he thinks it is a win/win for everyone involved; obviously the Hartwigs get to stay at their location, which has been kind of landmark in Iowa City for years. Paul said for a business such as the Hartwigs, the question must be asked about where do you grow and how do you grow when the business is landlocked like that. He said he sees it as a positive keeping the Hartwigs there and having this expansion that adds to Riverside Drive instead of seeing the dealership move to another location and vacate their current property. Paul said the Hartwig expansion seems to be very compatible with the Comprehensive Plan, especially as it relates to the Southwest District and also with the existing, neighboring commercial properties. Bender said she concurred with everything her colleagues had said. She said this certainly is an appropriate use in the CC-2 zone and compatible with all the surrounding neighbors. Bender said obviously no calls to City staff by any neighboring property owners with any reservations about the application is a good sign. She said she certainly agreed that there won't be the number of vehicles trips that there were with the previous business. Bender said she was in favor of a good corporate citizen and long-standing business being able to expand and stay where it is. She said she would vote in favor of the requested special exception. The motion carried on a vote of 4-0. Board of Adluslrnent February 10.1999 PaGe 4 OTHER: L. Brandt said he may not be able to attend the next Board meeting on March 10. BOARD OF ADJUSTMENT INFORMATION: Rockwell said the Board may be interested to know that procedural amendments discussed some time ago have actually come to fruition. She said public notice requirements will be amended for the Board to notify property owners within 300 feet of the subject property instead of 200 feet. Rockwell said along with this, the ordinance amendment proposes putting the Board requirements back into the Zoning Chapter where they were before the recodification of the City Code took place in 1994. She said the proposed amendments concerning the Board of Adjustment have been recommended for approval by the Planning and Zoning Commission and are being forwarded to the City Council for its consideration. Rockwell said if Board members have any changes to recommend or concerns about the proposed amendments, staff would forward their comments to the City Council for its consideration. Bender asked if there was a consensus of the Board members present that the contents of the memorandum from Rockwell concerning the Board amendments and dated January 27, 1999, meets their approval. MOTION: L. Brandt moved that the Board of Adjustment signifies that it concurs with the amendments concerning the Board as recommended for approval by the Iowa City Planning and Zoning Commission. T. J. Brandt seconded the motion. The motion carried on a vote of 4-0. OTHER: In terms of staff making recommendations on applications being considered by the Board, L. Brandt said it was fine with him. He said he recollected that the Board has always found staff recommendations to be perfectly fine. Bender told the newer members that the staff recommendation used to be spelled out specifically, i.e., approval vs. denial - that the staff would recommend that the Board either approve or deny each application it was considering. She said the Board asked last spdng how that might look to applicants and neighboring property owners. Bender said she thought there was concern on some people's part that the Board would look like it was just a rubberstamping body. Bender said staff agreed to dispense with recommendations, and to indicate alternatively in their reports, "If you're inclined to accept this application" or "If you're inclined to vote against this, you might...". She said now the way she understands it is that staff will once again be including a recommendation to the Board. Bender said staff research on how other Iowa municipalities handle staff recommendations to the Board of Adjustment shows it is basically kind of a wash; some boards have staff recommendations, some don't and some have a mix, e.g. recommendations for appeals and special exceptions, but not for variances. L. Brandt said the idea for not having staff recommendations grew out of a presentation by Stuart Huntington from Ames, who suggested that staff not make recommendations. Paul asked if there had been rumblings within the community that this was a problem. L. Brandt said every once in a while, the Board gets an indication of that from people who attend; they find out what the staff recommendation is, and there is kind of a presumption about that. He said it seems to him that has popped up a couple of times even without the staff recommendation. L. Brandt said frankly. he thought it was not a bad idea to try to go without the recommendation just to serve as a buffer for the staff, but he was not sure that it had helped that much. T. J. Brandt said it would not matter to him one way or the other. He said it was more up to the staff and what they're comfortable with. Bender said that was the way she felt, too. She said she Board of Adjustment February 10. 1999 Page 5 felt confident in her four years on the Board that this group feels very comfortable voting their conscience. Bender said she has never felt that because of a staff recommendation, she had to vote a certain way or another. She said she thought Board members feel they are there to do a job and do what they think is fight. Bender said they're not always going to agree, Board members with Board members or Board with staff, all the time. MOTION: L. Brandt moved that the Board of Adjustment encourage City planning staff to resume and continue making recommendations as they deem appropriate to the Board regarding Board of Adjustment business. T. J. Brandt seconded the motion. The motion carried on a vote of 4-0. ADJOURNMENT: MOTION: Adjoumment was moved by T. J. Brandt and seconded by Paul. The meeting ended at 5:27 p.m. Susan Bender, Chairperson Minutes submitted by Anne Schulte IOWA C~TY BOARD Of AD, TUSTA~ENT A4EETIIV6 WEDIVESDA Y, fEBRUARY lO, 1999 - 5:00 P. A4. Civic C~nfer Council Chorebets 516N TN 5NEE T Address Phone 7. I3. 14. 16. IZ 03-02-99 3a(3) POLICE CITIZENS REVIEW BOARD MINUTES - February 16, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M. ATTENDANCE CONSENT CALENDAR Board members present: L. Cohen, P. Farrant, P. Hoffey, M. Raymond and J. Watson. Staff present: Legal Counsel D. Russell and administrative assistant S. Bauer. Motion by P. Farrant and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None DISCUSSION RE JOINT MEETING WITH CITY COUNCIL Subsequent to the joint meeting with the City Council on 2/11/99, Chair Cohen received a request from the Mayor for a written clarification regarding PCRB receipt of officer identification before the Board deliberates on a particular complaint. Upon the Chair's request, Legal Counsel prepared a draft letter to the Mayor addressing this issue; this letter was distributed to Board members. Distribution was also made of P. Farrant's "Discussion draft 2/15/99 - Why it would be unwise to further limit the modest powers granted to the Iowa City PCRB: A thought process," which primarily outlines the history of the establishment of the PCRB to the present time, and addresses the issue of officer identification. Following discussion, M. Raymond was directed to prepare a second draft of the letter to the Mayor, combining the two documents submitted, and addressing: · The need for this information at the outset as it may be relevant to the credibility of a particular police officer in a particular complaint; · The need for this information to evaluate the reasonableness of the Chief's determinations. D. Russell also distributed a copy of his letter to E. Dilkes dated 2/15/99 regarding the current status of 2 discussions (attached). In his followup discussion with Ms. Dilkes, it was determined the City Attorney would: · Prepare language for SOP's regarding a numbering system and the use of the officer identification numbers; · Draft language to provide the Board with the Police Department complaint form information in periodic reports; · Provide language for SOP's regarding the summary dismissal hearing, allowing the Board the opportunity to investigate the issue of timeliness by other methods; Draft language for the three separate categories of extensions of deadlines from the present ordinance; · Support the Board's right to receive the name of an officer complained of and to use it in a sustained complaint in the Board's public report IF there were guidelines about how it should be used; · Prepare a discussion document for the Board with the suggested changes so the Board could discuss it before it is submitted to the City Council. Russell also confirmed with Dilkes that the PCRB would prepare information sheets to be attached to the PCRB and the Police Department complaint forms, and send this language to her for her input before the Board adopts it. Russell and Dilkes also discussed the Mayor's request for a letter regarding officer identification, both agreeing that the primary point is credibility of an officer. Noting the possibility that D. Russell may be leaving as counsel for the Board, Dilkes indicated she'd like to have this language adopted before he leaves. Russell stated his end-point would be mid-March. Following discussion, P. Farrant agreed to prepare a draft for the information cards for the two complaint forms for review at the next meeting. MEETING SCHEDULE S. Bauer was directed to reconvene plans for a community forum at the Broadway Neighborhood Center. Special Meeting February 23, 1999, 6:00 P.M. Special Meeting March 2, 1999, 7:00 P.M. Regular Meeting March 9, 1999, 7:00 P.M. (P. Hoffey will be absent) No meeting on March 16, 1999 PCRB Priority-Setting Meeting - to be determined Community Forum at Broadway Neighborhood Center - to be determined PUBLIC DISCUSSION None BOARD INFORMATION None STAFF INFORMATION None EXECUTIVE SESSION Citing a conflict of interest in regard to PCRB Complaint #98-19, Chair L. Cohen recused herself at 7:48 P.M. Vice-Chair Watson presiding. Motion by M. Raymond and seconded by P. Hoffey to adjourn into Executive Session based on Section 21.5(a) of the code of iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22.7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code. Motion carried, 4/0, Cohen absent. Meeting adjourned at 7:50 P.M. Regular meeting resumed at 8:02 P.M. 4 Motion by P. Hoffey and seconded by M. Raymond to accept information received from Chief Winkelhake regarding #98-19. Motion carried, 4/0, Cohen absent. Further discussion on #98-19 is deferred to the meeting on February 23, 1999, 6:00 P.M. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by M. Raymond. Motion carried, 4/0, Cohen absent. Meeting adjourned at 8:03 P.M. L. ,JAY STEIN DOUGLAS S. RUSSELL CATHERINE A, PUGH' 'At_SO ADHITTED IN ILLINOIS STEIN, RUSSELL & PUGH, L.L.R ATI'ORNEYS AT LAW ENGLERT BUILDING P,O. BOX 2416 IOWA CITY, IOWA 52244 February 15, 1999 FAX (319) 351-6409 TELEPHONE (319) 351-5610 Ms. Eleanor Dilkes Iowa City Attorney Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 RE: Police Citizens Review Board Dear Eleanor: I thought the Board meeting with you on February 8th went very well indeed and that this was reflected in the Board's joint meeting with the City Council on February 1 lth. All reports from the board members are that they were very pleased with how things are working. They have a feeling that good faith negotiations will solve the problems we have discussed. I will call you on Tuesday the 16th before the Board meets to discuss current status of our discussions. I am anticipating that you will be drafting language to deal with the matters we discussed in our meeting on February 8th. I will review this with you by phone and then get it to the board for their consideration at the soonest possible time. The Board is willing to prepare information cards or sheets to accompany both the PCRB complaint form and the Police Department complaint form if that is acceptable to you. We will present our draft to you when it is ready. Leah Cohen called me on Friday, February 12th advising that the Mayor has requested us to present him with a letter explaining why the Board feels it important and appropriate to have a police officer identifying number before it deliberates on a pending complaint. I would like to talk to you about this Tuesday as I am expecting the Mayor would like a prompt reply. I expect the letter I will draft to say that the Board feels it should be entrusted with this information as it may bear on creditability of a particular officer concerning a particular complaint.. I would appreciate your views on this. It is my understanding that Mr. Lehman has his own doubts but also wishes to address strong doubts held by Mr. O'Donnell about whether the Board should have this information before it deliberates on a particular complaint. Thanks again for the good meeting. I look forward to talking with you. Respectfully, Douglas S. Russell DSR.glg cc: Board Members Sandy Bauer C:',SRP\DOUG~PCRB.F15 POLICE CITIZENS REVIEW BOARD MINUTES - February 23, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 6:00 P.M. ATTENDANCE CONSENT CALENDAR Board members present: L. Cohen, P. Farrant, P. Hoffey, M. Raymond and J. Watson (arriving 6:03 P.M.). Staff present: Legal Counsel D. Russell and administrative assistant S. Bauer. Motion by M. Raymond and seconded by P. Hoffey to adopt the Consent Calendar, as amended, to include: (b) letter of February 23, 1999 from Eleanor Dilkes regarding the minutes of 2/9/99. Motion carried, 5/0, all members present. Motion by J. Watson and seconded by P. Farrant to amend the PCRB 2/9/99 minutes to include the City Attorney's letter of February 23, 1999. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None MEETING WITH COUNCIL M. Raymond prepared a second draft of the letter to the Mayor regarding officer identification. Following discussion, Motion by J. Watson and seconded by P. Hoffey directing staff to send the approved letter, as amended, to the Mayor. Motion carried, 5/0, all members present. P. Farrant distributed a draft of the information sheet for the PCRB complaint form and the Police Department complaint form. Following discussion, Motion was made by P. Hoffey and seconded by M. Raymond directing staff to forward the draft, as amended, to the City Attorney for review and comment. Motion carried, 5/0, all members present. COMMUNITY FORUM S. Bauer reported the dates that were agreeable to both Chief Winkelhake and the Broadway Neighborhood Center (April 28, 1999, May 5, 1999, and May 12, 1999). After discussion, Bauer was directed to move forward on scheduling the forum for April 28, 1999. Further discussion on the forum was deferred to the next meeting. MEETING SCHEDULE Special Meeting March 2, 1999, 7:00 P.M. · Regular Meeting March 9, 1999, 7:00 P.M. Special Meeting March 16, 1999 - cancelled PCRB Priority-Setting Meeting - to be determined · Community Forum at Broadway Neighborhood Center, April 28, 1999, 7:00 P.M. PUBLIC DISCUSSION None BOARD INFORMATION None STAFF INFORMATION Legal Counsel acknowledged receipt of a letter to him of 2/18/99 from E. Dilkes. Motion by M. Raymond and seconded by J. Watson to amend the Consent Calendar to accept the correspondence dated 2/18/99 to PCRB legal counsel from the City Attorney. Motion carried, 5/0, all members present EXECUTIVE SESSION Citing a conflict of interest in regard to PCRB Complaint //98-19, Chair L. Cohen recused herself at 6:33 P.M. Vice Chair J. Watson presiding. Motion by M. Raymond and seconded by P. Farrant to adjourn into Executive Session based on Section 21.5(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22.7(5) police officer investigative reports, except where disclosure is 3 authorized elsewhere in the Code. Motion carried, 4/0, Cohen absent. Executive session adjourned at 6:35 P.M. Regular meeting resumed at 7:21 P.M. PCRB Complaint #98-19 was assigned to subcommittee for writing of a draft report to be discussed at the March 2, 1999 meeting. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by M. Raymond. Motion carried, 4/0, Cohen absent. Meeting adjourned at 7:22 P.M. MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, FEBRUARY 11, 1999 - 3:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM PRELII gNAF,B Subject to/ pproval: MEMBERS PRESENT: Rick Fosse, Deborah Galbraith, Kevin Hanick, Nancy Purington, Gary Nagle, Lesley Wright MEMBERS ABSENT: Terry Trueblood STAFFPRESENT: Karin Franklin, Joyce Carroll OTHERS PRESENT: David Dennis CALLTO ORDER: Chairperson Hanick called the meeting to order at 3:36 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. PUBLIC DISCUSSION OF THE CALLS TO ARTISTS FOR THE PEDESTRIAN MALL SCULPTURES: Franklin noted that the notice of this meeting was sent to downtown business owners, Arts Iowa City and Studiolo, and was posted in the Civic Center and Public Library. Purington asked where the calls would be sent. Franklin said to the names in the database for the Iowa call, and to the various guilds, arts councils and organizations for the national call. She suggested changing the submittal date for the national call to April 15 or May 1 since the Committee would be purchasing a finished piece. Purington suggested changing the first sentence of the call to read, "The Public Art Advisory Committee of the City of Iowa City is pleased to invite artists from Iowa to submit slides of completed three-dimensional sculptures available for purchase and placement in downtown Iowa City's newly renovated pedestrian mall by May 30." Franklin said that it was decided that the Committee could carry over money from year to year, so they do not have to spend the $25,000 on sculpture pieces if they do not see anything they want and that money would be available for next year's budget. Purington suggested changing the sentence by #1 of Submission Requirements to read, "Each artist must submit up to three available works for consideration and up to three views of each work on 35 mm slides." Franklin verified that the pads would hold 38,000 pounds each. The Committee reviewed the letter submitted by Economic Development Coordinator David Schoon regarding the calls. Purington passed around the sculpture brochure she received from BRW Consultants, and Franklin said she would keep it for future reference. MOTION: Wright moved to approve the Calls to Artists as amended. Purington seconded the motion. The motion carried by a vote of 6-0. CONSIDERATION OF THE MINUTES OF THE JANUARY 7 AND JANUARY 22, 1999, MEETINGS: Galbraith passed around a newspaper article about plop art, and asked if the Committee wanted to establish a policy for gifts of art. Franklin said that was something the Committee needed to do. Public Art Advisory Committee February 11, 1999 Page 2 MOTION: Fosse moved to approve the January 7 and January 22 meeting minutes as submitted. Wright seconded the motion. The motion carried by a vote of 6-0. DISCUSSION OF MAINTENANCE OF OUTDOOR SCULPTURES BY DAVID DENNIS: Dennis said that outdoor sculpture maintenance is an important and sometimes difficult issue to deal with, especially due to the weather conditions, such as sun, wind, snow, rain and hail, in Iowa. He gave some examples of the University's art pieces, how they are maintained and some of the steps that are followed to try prevent damage to them. Franklin asked if the University required that an artist submit maintenance instructions and a maintenance schedule when they purchase a piece. Dennis said there is no requirement and most artists do not know how the work should be maintained, but they could probably do the research for it. He said that the fabricator the artist uses often seemed to know more about the maintenance than the artist. He said that once the Committee selects a piece they could communicate with the artist about maintenance issues and solutions. He said it is important for the Committee to know that money will have to be set aside for maintenance as sculptures are purchased. Wright said she would try to contact Stanford because she thought they had developed a maintenance plan for their outdoor sculptures. Dennis noted that whoever would maintain the pieces could be trained to do preventative maintenance, such as waxing, depending on the material used for the piece. Franklin noted that the Committee needs to be aware of maintenance issues as they are selecting pieces. Dennis said one question that the Committee needs to answer for themselves is how long they want the pieces to holdup. Wright asked Dennis what the easiest and most difficult materials to work with. Dennis said that ceramics and stones were easier to work with, and steel was one of the most difficult. He said that he has found that if a piece is installed in the fall it does not have as many problems with graffiti as much as pieces installed in the spring and summer because soon after it is installed it gets cold, and by the time it gets warm and people are outside they are used to the piece. He said that he got his granite for buffer pieces between metals and concrete from Miller Monument. Fosse noted that pieces may be able to be installed without the granite. Wright noted that the Committee would also have to consider snow removal. Dennis said they slide benches next to some of their outdoor pieces so the bobcats and other snow removal machines do not chip the corners or sides of them. Franklin asked if there were any local conservators that would be available to assess maintenance issues. Dennis said no, and noted that the conservators he dealt with charged about $1,000 per day just to come look at the piece. He said that the City has a lot of people on staff who know about a variety of materials, and after a few years the people maintaining the pieces will know the maintenance requirements and cycle for each piece. Galbraith asked if Dennis thought they would have any problems with the maintenance of Weatherdance. She gave him some background on the project and the materials being used. Dennis said he did not see any problems. He suggested capping the jet holes for the winter, and said that anything used to prevent ice from forming, like salt, would have a corrosive effect on the piece. Franklin noted that Myklebust and Sears must submit a list of maintenance requirements and a maintenance schedule for Weatherdance as part of their contract. (Hanick left at 4:25 p.m.) Public Art Advisory Committee February 11, 1999 Page 3 CONSIDERATION OF AMENDED BY-LAWS: Franklin said that the City Council's Rules Committee suggested that out of the five appointed members, at least two should be arts or design professionals. She said this way more than two arts or design professionals could be appointed, but there can never be fewer than two serving on the Committee. She said this would also help prevent the Committee from having untilled seats because the applicants do not meet the requirements. (Hanick returned at 4:27 p.m.) Franklin said that the Committee could communicate with the Council about preferences they have for filling open Committee seats, such as an architect, and that preference could be included in the advertisement for the open Committee seat. MOTION: Purington moved to approve the amended by-laws for the Public Art Advisory Committee. Galbraith seconded the motion. The motion carried by a vote of 6-0. COMMITTEE TIME/NEW BUSINESS: Wright gave Franklin a copy of the call for Sculpture on Second in Cedar Rapids. Franklin said that the Committee needs to discuss the Jacqueline Weir piece that is located on the peninsula, and she would put that on the March 4 meeting agenda. Purington showed an invitation to a sculpture unveiling from Kansas City, and suggested that Iowa City consider doing something similar when they unveil pieces. Franklin said that a woman named Paulene Aspel wrote a poem for the WooIf Avenue Bridge dedication, and said she would like to do the same for the Weatherdance dedication. Galbraith said she would work with Aspel on that. Franklin said she would send Aspel some information about Weatherdance. Galbraith noted the meeting the afternoon of March 5 to discuss the proposed Community Events Center in Iowa City and arts education in the school system. In response to a question from Wright about the Committee's involvement in the Events Center, Franklin said if the sales tax passes, a building committee for the Community Events Center would be formed and the project would take at least one year to design. The PAAC could have a representative on that committee. Galbraith said Arts Iowa City would be holding the Art Lover's Auction on February 17 at 5:30 p.m. Committee members discussed the local option sales tax and the proposed Community Events Center. ADJOURNMENT: The meeting was adjourned at 4:50 p.m. Minutes submitted by Traci Wagner. ppddir~mins\art2-11.doc RULES COMMITTEE MEETING February 25, 1999 Lobby Conference Room 10:30 a.m. Committee Member Present: Lehman, Norton Staff Present: Dilkes, Karr Board and Commission Absence Policy The Rules Committee reviewed a draft proposal submitted by Member Norton. After discussion the Rules Committee recommended Council input on the following proposal for Boards and Commissions meeting at least 12 times a year: 1. An absence of a board or commission member from more than 20% of the meetings in any successive 12 month period after the date of their appointment shall constitute just cause for removal from office. After notification from the staff of a Board or Commission of such absence, the City Clerk will advise City Council in writing and provide a copy to the board or commission member. 2. In accordance with Chapter 372.15 of the Code of Iowa, persons appointed to a Board or Commission by the City Council may be removed only by that body. Such removal must be by written order (resolution) filed with the City Clerk with a copy sent to the member by certified mail. The order must set forth the reason for the removal and must explain that it is subject to the right of the member, within thirty (30) days from the mailing date, to file with the City Clerk a request for a heating before the City Council on all issues related to the removal. The hearing shall be held within thirty (30) days of the date the request is filed, unless the member involved requests a later date. In the event no hearing is requested the order for removal stands and a vacancy is announced on that Board or Commission. 3. A Board or Commission member who has accumulated one-half of the maximum number of permitted absences will receive from the City Clerk, upon notification from the staff of a Board or Commission of such absence, a written reminder of this policy. Such reminder will be sent prior to the next meeting of the Board or Commission. The matter will be scheduled for the March 1 Council work session. Meeting adjourned 10:50 a.m.