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HomeMy WebLinkAbout1999-03-16 Bd Comm minutesMINUTES IOWA CiTY BOARD Of APPEALS MONDAY, DECEMBER 7, 1998 - 4:30 P.M. LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Robert Carlson, Anna Buss, Gary Haman, Wayne Maas, John Roffman, Tom Werderitsch John Staska Tim Hennes, Doug Boothroy, Roger Jensen, Dennis Mitchell Les Kuehl, Mark Hall RECOMMENDATION TO COUNCIL: By a vote of 6-0, the Iowa City Board of Appeals recommended the 1997 edition of the Uniform Building Code with revisions be adopted by the Council. CALL TO ORDER: Chairperson Carlson called the meeting to order at 4:32 p.m. CONSIDERATION OF THE MINUTES OF THE NOVEMBER 2, 1998. MEETING: MOTION: Maas moved to approve the November 2, 1998, meeting minutes as submitted. Roffman seconded the motion. The motion carried by a vote of 4-0. RECOMMENDATION TO COUNCIL FOR ADOPTION OF THE 1997 EDITION OF THE UNIFORM BUILDING CODE WITH REVISIONS FROM THE PREVIOUS RECOMMENDATION TO COUNCIL: Carlson stated that a third exception has been added to Section 1907.6.5. regarding foundation wall reinforcement. This exception uses a table and other information found in the final draft of Iowa City Board of Appeals Minutes December 7, 1998 Page 2 the 2000 International Building Code. Homebuilders. He also stated that the table is the one proposed by the (Werderitsch arrived at 4:35 p.m.) It was brought to Hennes' attention that it should be noted that the bottom of the wall needs to be held in place or the concrete floor needs to be poured prior to backfilling. Carlson suggested inserting the word "bottom" in Item 3.h. so the sentence would read, "Placement of the backfill shall not commence until the top and bottom of the foundation wall is laterally supported with the floor diaphragm." Hall agreed with the change. Hennes introduced Kuehl, who is with NNW Engineers, and who worked with the Board and the Homebuilders on this foundation wall reinforcement issue. Carlson thanked Kuehl for his work. Kuehl asked if this exception indicated anything about horizontal reinforcement. Carlson said no, that they are assuming that the wall is supported at the top and bottom and it is a vertical member. Kuehl said he did not have a problem with that, but he was concerned with temperature and shrinkage, especially on long walls. Carlson said someone he spoke with said an engineer would tend to put temperature steel in, but it is not included in the Code, and he could not find in Chapter 19 of the 2000 International Code where temperature steel was required. Kuehl said that the UBC has a section under concrete walls in Chapter 19. He said 'that he based his analysis on the fact that there is at a minimum temperature shrinkage both ways. He said when you lengthen the wall span there comes a point when that is not enough and you have to add more, and that is why he had #4 at 18", and there is a point at 16 feet where things start to require more steel. Hall said he thought that information was based on tests done by the National Masonry and Concrete Association done in 1993 to determine the strength of concrete walls. Iowa City Board of Appeals Minutes December 7, 1998 Page 3 Kuehl said that the Code refers back to AC1-318, so the temperature and shrinkage requirements still exist. He asked if this table is adopted and assuming the wall spans vertically, is the adequacy of the top sill plate sufficient to take the load at the top. He said that people have been using a ¼-inch bolt every six feet, and there are some instances where that might not be adequate. (Buss arrived at 4:45 p.m.) Hall said according to the National Builders there is a lot of research going on right now. Kuehl said that was a concern by design. Kuehl said all concrete shrinks, but the paradox is that there is more steel involved than what is shown on the table. Hall said that is referring back to 1993. Kuehl also said there is a maximum spacing of reinforcing, which was strange, but they would probably be waiving part of that. Hall said that Kuehl made the assumption that the wall was not braced. Kuehl said that he used a worst case scenario, and said he did not know at what point there would not be temperature and shrinkage involved. Carlson said that the State Code of Iowa requires three ¼ inch horizontals, which would cover the shrinkage steel in most cases, and suggested inserting that. Kuehl said he thought there needed to be something to tie the steel to. Hall said he was not opposed to inseding that, but said he would have to go back and look at form ties and how they relate to the vertical ties. He asked if the horizontals would have to be tied off to the verticals. He said he was worried about keeping the horizontal steel away from the wall. Carlson said that the temperature steel would be fine in the middle because all it does is keep the concrete together and minimizing cracking. He said they needed to add "e" from exception #1 to exception #3 in its entirety. Carlson noted that grade 60 steel bars should be used in the third exception. Iowa City Board of Appeals Minutes December 7, 1998 Page 4 Hennes said the building permit application form will be redone and the applicant will have to select which exception they will use for the foundation wall, so the inspector knows what reinforcement type to look for at the project. He said that since it applies to all foundation walls, they all will have to be inspected. He asked what they should do when they see that the wall was backfilled prior to a deck being put on when the inspector knows '~hat t~ used the type of foundation that doesn't allow that. Carlson said that he assumed if they had backfilled the wall and did not have a slab in, somebody would have to go out and they would have to show that the wall had not moved. Hennes said that it could be noted during the inspection, and when the final inspection is done the inspector could look for any deviation or cracking in the wall. Hall said that there is a difference between shrinkage cracks and structural cracks. Carlson said if the deck is put on after the concrete is loaded the concrete will never load back on the deck properly, and he did not know if unloading or reloading the wall would make it bear right. Boothroy said that it could be passed with a notation of improper procedure and that would be kept in the file so if there is a problem in 10 years the City could say that the problem was noted. Carlson said that the homebuilders have to understand that if they do that there will be a notation in the file saying that it was built incorrectly. Hall asked about the issue of bracing before backfilling. Hennes saiCl that Code states the wall needs to be supported at both the basement floor and wood floor. Hall said that is something for the Board to consider. Hennes went over the proposed changes by the Council. He said that the Council asked that the Historic Preservation Commission have the opportunity to look over the amendments prior to Council adoption. He said that #12-b was included to prevent the reapplication of siding and windows without obtaining a building permit if the structure is located within the Historic Preservation Overlay Zone. Hennes went on to say the last sentence was added to 107.2. He said that would require the builders to report two values when applying for a building permit. Iowa City Board of Appeals Minutes December 7, 1998 Page 5 Roffman said with #12-b, they really want to tell people that they cannot use vinyl siding, and there is nothing in the Building Code saying that is not permissible. Hennes said it is not addressed in the Building Code, but it may be a preference for the Historic Preservation Commission. Roffman said he did not understand why they would charge a permit fee or require people to get a permit to do it in those districts when they cannot do what they want to do. Boothroy said that the Historic Preservation Commission review does not kick in until a building permit is required. He said that the Commission could order the City to refuse to issue a permit to allow an installation, and that is why the building permit is critical. Carlson said if you live in a historic district the Council has taken away your prerogative on your personal property. Boothroy said that the Board could reaffirm their previous recommendation, but the Council was fairly strong about not agreeing with it the last time, and he noted that the Council makes the final call. Roffman said he did not think it was a building issue, and they should not be dealing with it in the building code. MOTION: Roffman moved to delete #12-b from section 106.2 on page 2 from the 1997 edition of the Uniform Building Code. Werderitsch seconded the motion. Carlson said the Board did not feel it was appropriate. Werderitsch said he felt they were being used for another purpose. Boothroy noted that the building code is a triggering device for other ordinances. Roffman said he did not think it was a building code issue. The motion carried by a vote of 6-0. MOTION: Werderitsch moved to recommend the 1997 edition of the Uniform Building Code with revisions to the City Council. Roffman seconded the motion. The motion carried by a vote of 6-0. Iowa City Board of Appeals Minutes December 7, 1998 Page 6 OTHER BUSINESS: Hall said on behalf of the Homebuilder's Association, he would like to express their appreciation to the Board for revisiting the issue of foundation walls. - - ~: Hennes said that the Board's mechanical professional seat has been filled by Tim Fehr, who works with Shive-Hattery, and he should be in attendance at the January meeting. ADJOURNMENT: MOTION: Carlson moved to adjourn the meeting. Roffman seconded the motion. The motion carried by a vote of 6-0, and the meeting was adjourned at 5:15 p.m. Minutes submitted by Traci Wagner. hisbld/min/boa1207.doc MINUTES IOWA CITY CIVIL SERVICE COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM JANUARY 5, 1999 MEMBERS PRESENT: Lyra W Dickerson, Sue Dulek, Michael Kennedy STAFF PRESENT: John Crier, Dale Helling, Nate Hopkins, Sylvia Mejia, Andy Rocca, Machele Wiebel, R.J. Winkelhake OTHERS PRESENT: None. SUMMARY OF RELEVANT DISCUSSION: Commissioners instructed staff to conduct the promotional process for Police Sergeant. SUMMARY OF RELEVANT DISCUSSION: Chairperson Kennedy called the meeting to order at 8:35 AM. Rocca opened the discussion of educational requirements for Fire promotional testing by explaining that he had researched what was being done through out the state and what he is proposing is consistent with what other Fire departments are doing. Mejia explained that while the requirements are set by the City, the purpose of this meeting is to make Commissioners aware of the issue and any input the commissioners might have on the subject would be appreciated, This also provides a public forum for comments from others. Dickerson questioned whether the requirements would N3duce the pool of eligible applicants. Rocca answered that it could; however, he will be giving everyone ample time to acquire education. Kennedy asked how many of the current staff have an AA degree? Rocca responded that only 4 or 5 out 18 of the current command staff do not have education. Kennedy asked if anyone has an MA and Rocca answered that 1 lieutenant does. Dulek commented that she thought it would be hard for the current staff to attain the required degrees while also working full-time. She said that 30 hours of coursework could take over 3 years. Mejia reminded the commission that the educational requirements will not become effective until 2004, giving employees a 3-year window for reaching the requirements. Dickerson asked if the programs were offered evenings and weekends. Rocca said that they were and that other correspondence courses are also available. Kennedy questioned how someone would be able to attend Western Illinois for a BA or BS and still be able to be part of the staff. Rocca explained that it is possible through correspondence courses and arranging for tests to be proctored locally. Rocca also said that the University of Iowa is a possibility. The required degree doesn't have to be in Fire Science, other related degrees can be utilized within the department. Grier introduced himself as president of Local 610 and commented that time off for classes would be difficult given the schedule that firefighters work. He said that the department should support the employees by giving them time off and tuition. He agreed that a BNBS is available through correspondence courses from Western Illinois, but the cost is prohibitive. Grier added that he wasn't sure a fire science degree is needed in order to be a Fire Lieutenant or Captain. He explained that there are lots of firefighters who have great people skills and fire experience that would make them good candidates. Mejia said that she was not prepared to discuss these items as they are negotiable issues and beyond the scope of this Commission. Kennedy said that he thinks it's a good idea to have an educated staff but there are different approaches on how that should happen and the commission is here to make a recommendation as to whether they feel the educational requirements are reasonable. Grier said that he understood that the City can implement the requirements whether or not the Civil Service Commission approves them. Mejia confirmed that that was correct according to Code. Hopkins commented that he thinks the 4-year requirement is unrealistic when someone is taking one class at a time while working 24-hour shifts. He said that evening classes are unrealistic and he has taken the Western classes, which offer only 2 classes per semester, which shows that 4 years is unrealistic. He added thars it's difficult to attend classes at the University of Iowa when you have to show up for class. He predicted that people won't want to trade time because there will be an air of competition and no one will want to trade time because everyone will want to go to school. He agreed that an education requirement is needed, but the time frame is unrealistic. Dickerson asked where the current staff is toward meeting these requirements and Rocca responded that he didn't have that information but could provide it. Dickerson suggested that salary issues might prove to be an incentive for people and Mejia reminded the commission that salary is a labor issue subject to collective bargaining. Commissioners declined to take formal action on the education issue. Mejia noted that the City would consider the Commissioners' comments as this issue is ~nalized. Mejia explained that the City needs to do a promotional exam for Police Sergeant and suggested that the process as described in the memo sent to Commissioners and used in the past be repeated. Dickerson moved and Dulek seconded the motion to approve the Police Sergeant promotional process as outlined. Old Business: Mejia reported that the police test would be conducted on January 9 and 10 and that the number of applicants was down considerably from previous years. She explained that it may be necessary to recruit again very soon. New Business: NODe. Kennedy moved and Dulek seconded the motion to adjourn. Motion passed unanimously. Meeting adjourned at 9:05 AM. 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, Chades Major, Diane Martin, Jane Nelson- Kuhn, Janice Simmons-Welbum, Mettie Thomopulos, Art Vincent, Jan Warren MEMBERS ABSENT: None STAFF PRESENT: Heather Shank OTHERS PRESENT: Joyce Carmen, Joe Wilson 1. CALLTO 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 3. 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 dghts investigations are completed and the files have been reviewed by the City attomey, 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 short 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 year's 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-Welburn 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-Welburn 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 rights in general to an international 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 criteria 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 writers 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-Welburn 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. Warren suggested that the Commission develop a subcommittee that would look at each of these issues more closely. Iowa City Human Rights Commission January 25, 1999 Page 3 o 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 carried by a vote of 9-0. Vincent and Larew volunteered to work with Carmen on the contest. GUEST - JOE WILSON - POSSIBLE HUMAN RIGHTS PROGRAMS: Joe Wilson stated that he is a local community organizedsocial change activist. He wished to discuss the possibility of the Commission sponsoring or co-sponsoring programs surrounding issues of interest or concern to the lesbian/bisexual/gay/transgender community and/or issues and concerns 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 year's 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. 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 concerning 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. 1. Commissioners who violate provisions of B above may be asked to resign and be replaced. 2. 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 prior notice or four (4) absences within a twelve month period without prior notice 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." Martin explained that this could replace point 1 of the old policy and point 2 would be removed. Warren was concerned that a commissioner may feel they have allowance for missing three meetings per year. In addition, she wanted to make sure that a provision for emergencies would be included in the policy. Iowa City Human Rights Commission Janua~ 25,1999 Page 4 Larew said that they needed to make provisions for events that are not emergencies. Martin said that the words "prior notification" address that situation. Simmons-Welburn 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 concern because the proposed wording seems to allow for a commissioner to have any number of excused absences with prior 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 "without pdor 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 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." 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-Welburn added that the commission application materials a person receives clearly 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 majority 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. Martin said the commissioners had also expressed concern 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 Commissioner's responsibility to take an active role in the work of the Commission. This shall include reviewing human rights complaints and the investigative file, attending Commission meetings and community/educational functions." Iowa City Human Rights Commission January 25, 1999 Page 5 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-Welburn stated that some boards and commissions require that a member serve on a subcommittee. Both Simmons-Welburn 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 concern 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, confidentiality 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 during 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. 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. Nelson-Kuhn suggested that as an accommodation to Art Vincent the City could pay for respite care for his father so he could come in to read the cases that are assigned to his team. Iowa City Human Rights Commission Janua~ 25,1999 Page 6 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 attorney and are 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 International Human Rights award along with Burns 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 during a staff development day. Finnerty discussed differences in class. Larew and Simmons-Welburn 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 prepare 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 crimes legislation and non-discrimination in employment based on sexual orientation. Shank commented that a nationwide Employment Non-discrimination Act is currently in subcommittee. Community Outreach Kris Das-February Guest-to talk about human rights 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 Iowa City Human Rights Commission Janua~ 25,1999 Page 7 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 California and founder of the World 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 during each shift. Thomopulos and Simmons-Welburn 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 crime, bias crime, 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-Welburn 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 heritage 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 spring. 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 minority president. Major said the Icon printed an adicle stating that the people of Cedar Rapids are in jeopardy because they voted in favor of adding "sexual orientation" to the city's civil rights ordinance. He said he discussed this with Ernie Lehman on the radio. Lehman commented that the issue kept getting shifted away from the real issue (discrimination). Iowa City Human Rights Commission January 25, 1999 Page 8 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 adjourned at 9:25 p.m. Minutes submitted by Wendy Larive civright~n in~hrc0125.doc MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES 2b(4) REGULAR MEETING 2nd FLOOR AD1V[ihrIS~~ CONYEIIENCE ROOM Thursday, January 28, 1999 5:00 PM Members Present: Winston Barklay, Linda Dellsperger, Stephen Greenleaf, Mark Martin, Mary McMurray, Lisa Parker, Anne Spencer, Jim Swaim Members Absent: Jesse Singerman Staff Present: Barb Black, Maeve Clark, Susan Craig, Beth Daly, Larry Eckholt, Heidi Lauritzen, Kara Logsden, Liz Nichols Guests Present: Gary Sanders CALL TO ORDF, R - 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. APPROVAL 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 for other jurisdictions for 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 Agenda Item 3A 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 eomplimented Lubaroff and Lauritzen on the free 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. SwaingGreenleaf Request to Sponsor Spelling Bee Team - Ecldaolt 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. ICPL BOARD OF TRUSTEKS January 28, 1999 Agenda Item 3A Page 3 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 STAFF REPORTS 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. Them are a few issues w 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. DO Report - The Development Office has been basking in praise after the January 15 event, Last Dinner on the ~tanic. Costs were higher than anticipated, but the proceeds should not be much less than anticipated. Ecldaolt 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 Wiehita. 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. ICPL BOARD OF TRUSTEF_S January 28, 1999 Agenda Item 3A Page 4 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, easing 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 Viisack 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. 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. ICPL BOARD OF TRUSTEES January 28, 1999 Agenda Item 3 A Page 5 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 tmanimously echoed the sentiment. Ecldaolt added his praise to Milster for organizing and keeping up with the reservations. EchoIt 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 number, 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 rending 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. Six Month Expenditures - Craig reported that expenditures are at 52% of the budget. This is a good amount at this time of year. USE RF, PORTS 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. ICPL BOARD OF TRUSTEi~S January 28, 1999 Agenda Item 3A Page 6 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 Netscape computers. Clark explained that the current method is w 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 months 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 pro. Parker/Dellsperger Notes taken by Beth Daly MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 18, 1999- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS COUNCIL (LISA, 1 SIDED) MEMBERS PRFSFNT: Benjamin Chair, Pam Ehrhardt, Marilyn Schintler, Dean Shannon, Lea Supple MEMBFRS ABSFNT: Ann Bovbjerg, Dick Gibson STAFF PRESENT: Bob Miklo, David Schoon, Anne Schulte OTHERS PRESENT: Harry Wolf RECOMMENDATIONS TO COUNCIL: Recommended, by a vote of 5-0, that the Commission send a recommendation to the City Council stating that the Northgate Corporate Park Urban Renewal Plan conforms with the Iowa City Comprehensive Plan - 1997, which is the general plan for the development of the City of Iowa City as a whole. CALL TO ORDER: Chairperson Supple called the meeting to order at 7:34 p.m. PUBLIC DISCUSSION OF ANYITFM NOT ON THE AGENDA: There was none. COMPREHENSIVF PLAN ITEM: Consideration of a recommendation to the City Council regarding the conformity of the Northgate Corporate Park Urban Renewal Plan with the Iowa City Comprehensive Plan 1997. Schoon said this item was required by the State Code in terms of the process of the City Council establishing 'an urban renewal area. He said the Commission's job with regard to this item is to determine whether this is consistent with the Comprehensive Plan. Schoon stated that the purpose of having this plan is to allow the use of tax increment financing (TIF). Schoon said that at present, there is no specific business development project planned for the urban renewal area. He said it is important to have this plan in place so that when a project comes along, the City has the ability to use TIF. Schoon added that it is a lengthy process to set up an urban renewal plan. Schoon referred to the Comprehensive Plan economic well-being goals as outlined in the staff report and said that a couple of them are especially pertinent here. He said one of the goals is to diversify and increase the property tax base, while another important goal is to increase employment opportunities in the City. Schoon said these goals and the others cited in the report could be achieved by financial incentives. He said the staff report also refers to the proposed urban renewal project area as an area designated for office and office research uses, which is what the comprehensive plan has it designated. Schoon said that Harry Wolf, the developer for that area was present to answer any questions the Commission might have. Ehrhardt asked if any place could be designated an economic development area. Schoon said an area zoned for commercial or individual uses could be designated an economic development area. He added that the City is in competition with other areas in the County that already use TIF. Ehrhardt asked if there were other sites in the City that had been designated urban renewal areas. Schoon replied that there are only two other sites in the City: the Scott- Six Industrial Park and Villa Gardens. Planning and Zoning Commission February 18, 1999 Page 2 Supple asked if the main purpose of this was to allow TIF for the Northgate Corporate Park area, and Schoon confirmed this. Supple asked about the monetary figures on page seven of the report. Schoon said the urban renewal plan needs to show the amount of the City's debt and when that debt is due, as well as show the ability to issue more debt. Shannon asked if the property would be on the property tax roll like any other property. Schoon responded that the property owners would pay property taxes on any improvements to the site, but TIF would allow the City to capture those taxes and invest them into the site and the area. He said that once the financing is paid off, the property tax dollars would go to the taxing entities. Supple asked if there would then be an advantage to the business owner. Schoon said there would be an advantage in that the City could give a grant or a loan up front using TIF revenue. He said this is a way to help finance a project, if a developer is in need of capital up front. Chait said that if the use of TIF dollars is limited to infrastructure, then a developer couldn't construct a building with these funds. Schoon replied that up until a couple of years ago, the use of the money was restricted. He said that recently the Iowa Supreme Court tied the ability to give grants to the urban renewal law, allowing the City to give a grant or loan to a company for any use. Schoon said the TIF money no longer has to be tied to site development issues. Ehrhardt asked if these kinds of funds could be used to rehabilitate an abandoned store or similar scenario. Schoon confirmed this, saying the tax revenue would only be collected on the added value to the site, and there has to be significant improvement to the site. Public discussion: There was none. Public discussion closed. MOTION: Shannon moved to send a recommendation to the City Council stating that the Northgate Corporate Park Urban Renewal Plan conforms with the Iowa City Comprehensive Plan - f997, which is the general plan for the development of the City of Iowa City as a whole. Ehrhardt seconded the motion. The motion carried on a vote of ~i-0. CONSIDFRATION OF THI= JANUARY 21. 1999 AND FEBRUARY 4. 1999 PLANNING AND ZONING COMMISSION MFETING MINUTES: Supple said that on page 17 of the February 4, 1999 minutes in the second to last paragraph, the second sentence should read, "She said the issues she had identified involved things she didn't like, but there were a lot of things she did like about the plan." MOTION: Chait moved to approve the minutes of the January 21, 1999 and February 4, 1999 Planning and Zoning Commission meetings as amended. Shannon seconded the motion. The motion carried on a vote of 5-0. OTHER: 1. Discussion of meeting procedures. Supple distributed a list of ideas for saving time at Commission meetings. She asked staff and Commission members to come up with other ideas for making the meetings more efficient before the next meeting. Supple asked staff to compile the ideas and also provide a list of them to Sarah Holecek for legal review. She said that the object of this is to get the ideas on the table for discussion. Supple said the Commission is made up of volunteers who are giving of their personal time. She said that if the Commission is spending one hour a month that is unnecessary, efforts should be made to eliminate that hour. Planning and Zoning Commission February 18, 1999 Page 3 Miklo said that he has been a staff person for the Commission for nine years, and in the past two years, meetings have become much more efficient. He said that although some meetings have run late, it was usually as a result of unusual circumstances, so that this may not be a serious problem. Supple suggested that staff select agenda items so that no more than two high-profile items appear on one night's agenda. Supple said the Commission should review Riggins' Rules at some point, possibly at one of the shorter informal meetings. 2. Election of officers. Supple asked if Commission members would like to postpone the election since two of the members were absent. The consensus was to hold the elections. MOTION: Chait moved to elect Supple as Chairperson, Bovbjerg as Vice- Chairperson and Shannon as Secretary. Schintler seconded the motion. The motion carried on a vote of 5-0. PLANNING AND .7ONING COMMISSION INFORMATION: Commission members discussed sending a memorial to Ann Bovbjerg. Miklo said the City Council has added two items to the Commission's pending list. He said that at the bottom of the list would now be whether or not schools should be regulated by special exception. Miklo said that at the present time, the School Distdct is exempt from lighting and other requirements that other entities have to comply with, and the City Council is questioning whether the schools should be regulated. He said this item has arisen because of some issues with the lighting at the City High tennis courts. Miklo said the other item concerns the possibility of allowing drive-in service for pharmacies in the neighborhood commercial zones. He added that currently drive-up services are only allowed in the neighborhood commercial zone for banks, but the Drug Town to be located in the old Rochester Avenue Hy-Vee has asked for this item to be considered, and it will therefore be on the Commission's agenda in the coming months. Miklo reminded Commission members of the meeting on February 22, 1999 at 4:30 with the City Council regarding the Saddlebrook application. Chait said he attended a meeting earlier in the day with staff, Watts, Musser, Moreland, and Schnittjer. He said the purpose of the meeting was to have a dialogue between developers and staff. Chait said the discussion focused specifically on Windsor Ridge. He said he volunteered to work with the developers on plans that are in the spidt of the comprehensive plan. ADJOURNMFNT: The meeting was adjourned at 8:15 p.m. Dean Shannon, Secretary Minutes submitted by Anne Schulte ppdadmin\mins\p&z2-18.doc 2b POLICE CITIZENS REVIEW BOARD MINUTES - March 2, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:04 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, Interim Legal Counsel Catherine Pugh, 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 FOLLOWUP OF MEETING WITH COUNCIL The 2/25/99 correspondence from Eleanor Dilkes to D. Russell with drafts of the revisions to the Board's SOPs and ordinance change was discussed. The revisions are in keeping with the previous discussions between the City Attorney and PCRB legal counsel. Discussion points included: · Legal Counsel noted his satisfaction with the compromises that were reached and expressed his belief that the City Attorney fairly reflected them in her memo. · J. Watson questioned whether the draft language under Section V.1 Identification of Officers (page 6) would include guidelines. Legal counsel stated there would be guidelines, on a case-by-case basis, for the Board to follow in determining whether to release the name of an officer in a sustained complaint. The Board can make an independent judgment on this without clearance from the Police Department. · Legal Counsel believes that the unique identifying number will be provided to the Board at the beginning of its deliberation. · Legal Counsel acknowledged that the Board should not use the identifying number in its public reports, which is a new restriction from earlier discussions. 2 COMMUNITY FORUM It is the opinion of Legal Counsel that as long as a public report doesn't allow the public to relate back and identify an officer, the Board could refer to how many previous complaints were filed against a particular officer. In that event, because it's a criticism, the Board shall offer a name-clearing hearing to the officer. Regarding Section I, A.2 (page 1 ), it is the opinion of Legal Counsel that the Board request a written clarification on the method for obtaining officer names if they are not shown on the original complaint form, should the Board choose to make that name public. The Board directed Legal Counsel to report its approval of the revisions to the City Attorney (with the exception of the clarification as noted above) and respond back to the Board at its next meeting. Once the Board approves the proposed changes in consultation with the City Attorney, it will appear on the City Council agenda (March 30, 1999); a Board representative shall attend the Council's informal meeting and the formal meeting. Board members expressed their appreciation to the City Attorney for her continuing cooperation and support concerning these matters. The Chair was directed to send her an appreciation letter. Interim Counsel confirmed her availability for the forum scheduled at the Broadway Neighborhood Center on April 28, 1999, 7:00-9:00 P.M. Issues decided: The Chair will preside at the forum Speakers must come to the podium and sign the "sign-up sheet" with their name and address Speaker limitation not to exceed 5 minutes Paul Hoffey was directed to prepare a draft letter (for the next packet) to the Chief requesting his presentation address concerns that are inherent to the Broadway neighborhood and what measures the police department is taking to deal with them. · Noting they are not equipped to be immediately responsive to suggestions and comments from the public, Board members are encouraged to ask questions of those persons addressing them. · The Board does not want the forum to be videotaped; there will be audiotape. · Sign-up sheets will be available on the night of the forum; no preregistration. DEPARTURE OF LEGAL COUNSEL Chair noted Russell's official departure as PCRB legal counsel after the meeting on March 9, 1999. Catharine Pugh will serve as interim attorney until new counsel is selected. Staff was directed to provide a copy of the letter of agreement between Ms. Pugh and the City in the next Board packet. At the request of the City Attorney and the City Clerk, D. Russell will prepare a draft "job description" for the PCRB legal counsel; a draft will be furnished to Board members at the next meeting. The Board directed staff to place an ad in: · Newspaper classifieds; · All Johnson County attorneys; · Posted in all appropriate City buildings · City Website · Johnson County Corridor Careers Jobline Applications and inquiries shall be directed to the City Clerk. At the end of the 30-day advertising period, and after the City Attorney's review, all applications are to be sent to the Board. MEETING SCHEDULE · Regular Meeting March 9, 1999, 7:00 P.M. · Special Meeting March 30, 1999 - PCRB Priority- Setting Meeting · Regular Meeting April 13, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center, April 28, 1999, 7:00 P.M. P. Hoffey volunteered to prepare a list of policies that he believes are important for the Board to focus on in its review of police department policies, procedures and practices. This list will be discussed further during the priority-setting meeting on March 30, 1999. PUBLIC DISCUSSION None BOARD INFORMATION None STAFF INFORMATION Doug Russell- · Contacted by Attorney R. Zimmerman, requesting a speaker from the Board for an ACLU meeting on Sunday, April 11, 1999, 1:00 p.m., at the Iowa City Public Library. [Russell was directed to return Mr. Zimmerman's call with instructions to contact Board members.] · Took pizza orders from Board members for his "farewell" meeting EXECUTIVE SESSION PCRB Complaint/t99-01 dated 3~2~99 was distributed to Board members. Citing a conflict of interest in regard to PCRB Complaint /198"19, Chair L. Cohen recused herself at 7:25 P.M. Vice Chair J. Watson presiding. Motion by P. Hoffey and seconded by M. Raymond 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 ADJOURNMENT 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. Executive session adjourned at 7:26 P.M. Regular meeting resumed at 8:53 P.M. The final draft of Report #98-19 will be discussed at the next meeting. Vice Chair requested that the agenda for the next meeting include "Police Department Investigative Interviews." Motion for adjournment by P. Farrant and seconded by P. Hoffey. Motion carried, 4/0, Cohen absent. Meeting adjourned at 8:55 P.M.