HomeMy WebLinkAbout1999-04-20 Bd Comm minutesMINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY MARCH 11, 1999 - 5:45 P.M.
IOWA CITY TRANSIT FACILITY
MEMBERS PRESENT:
Bender
STAFF PRESENT:
CALL TO ORDER:
Chairperson Heran called the meeting to order at 5:48 p.m.
APPROVAL OF MINUTES:
Pat Foster, Rick Mascari, Howard Heran, Mark Anderson, Tom
Dennis Mitchell, Ron O'Neil, Karin Franklin, Melody Rockwell
The minutes of the February 11, 1999, Commission meeting were approved as submitted.
AUTHORIZATION OF EXPENDITURES:
Mascari made a motion to approve the bills. Foster seconded the motion and the bills were
approved 5 - 0.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
No items were discussed.
PUBLIC HEARING - AIRPORT TERMINAL BUILDING:
Chairperson Heran opened the hearing at 5:51 p.m. Maurice Cohen, from HLM Design,
presented plans and specifications for renovation of the Terminal building. He said that the plans
were designed with the idea of modernizing the building, while keeping as much of the original
design as possible.
He said the electrical, heating and air ccmditioning systems were aH outdated and would be
brought up to current standards. The interior space would be redosigned to better serve the public
and the main tenant, Iowa City Flying Service. The public lobby would be opened up and the
offices for ICFS would be recon~gnred.
A limited use, limited access elevator would be installed to provide handicapped accessibility to
the second floor. This will enable the Commission to use this as public meeting space. ICFS has
this space leased for the next 2 ~ years.
A secondary egress will be installed in the south wall, with stairs being installed on the south end
of the building. Some work will be done on the second floor, north wall to eliminate a moisture
problem.
New doors and windows will be installed. The doors on the west side of the building will be
handicapped accessible. The windows will be designed to look like the current windows.
Mascari asked if an observation deck could be added on the south side of the building? Cohen
said the roof structure on that end of the building would not support a deck. It would be cost
prohibitive to reinforce the roof enough to support an observation deck.
The Historic Preservation Commission has reviewed the plans. They said they were very happy
HLM had incorporated much of the original design in the renovating the building. They would
like to use as much of the original interior trim and doors as is practical.
There were no other comments from the general public and Heran closed the hearing at 6:14 p.m.
ITEMS FOR DISCUSSION/ACTION:
North Commercial area: Dick Blum said the Commission should consider reserving a
larger primary surface for Runway 24 than is depicted in the Master Plan. The Master Plan
reserves a 500' primary service. Blum suggested the Commission consider a 1000' primary
surface. This would allow for ~ mile visibility approach instead of lmile forward visibility.
Melody Rockwell and Bender explained the latest revisions to the subdivision plat.
Easements were added for north/south streets and for a street along the north boundary of the
subdivision. Other minor revisions were discussed. Franklin explained the advantages era
'backage' road and how it would help integrate the commercial development to the north of
the subdivision.
Franklin said that the Council and Commission need to have an agreement that spells out who
is to pay for the infrastructure and what the Council expects to have reimbursed when the
property is leased.
The subcommittee will meet with staff and the Council subcommittee to work on the
remaining details. ARer the details are decided, the subdivision will be forwarded to the
Planning and Zoning Commission. A meeting was scheduled for March 24m at 10:30 a.m.
Airport Terminal renovation: Cohen said one of the most controversial aspects of the
project was the elevator. He said a limited use elevator would meet ADA requirements and
could be installed in the area now used as a storage room at the base of the stairs. The
elevator is less expensive and uses less space than the original elevator.
Dean Themberry reminded the Commission that the Council wanted to see the elevator bid as
an alternate. He also wanted to see if the renovation of the second floor could be bid
separately. Bender said that if the space was to be used as public space in the future, the
elevator should be installed now.
Themberry also said he would like to address the problem of the main sewer line for the
building. O'Neil said a contractor had been hired to review the problem and it would be
addressed in the project.
O'Neil reminded the Commission that there is a little more sense of urgency in addressing the
heating system than there was two months ago. The in-the-floor heating system has
developed a substantial leak and is leaking into the basement. O'Neil said he is hoping to
nurse the system along for a couple of months. Even if the Commission does not proceed
with the renovation project, there will be major costs associated with fixing the boiler system.
ACSG project: Dave Kisser presented information on the land acquisition project. A
verbal agreement has been reached on the Dyer parcel and the closing should be within the
next month. All of the appraisals have been done for the easements and there is not much
interest from those who have been made offers. The FAA will not require the Airport to
condemn for easements.
Appraisals have been completed on the units in the Iowa City Mobile Home Park. Offers
have been made on several units and three offers have been accepted. Kisser is hoping to
have the park relocated by May.
Southwest FBO hangar: Most of the steel structure has been completed. It will be turned
over to ICFS as soon the building is completed. Wendlet is still on schedule to have the
building completed in May.
O 'Neil suggested finishing off some of the hangar as office space for the Airport Manager
to make the office more accessible to the public. The Commission said they were not
interested in that idea at this time. O 'Neil said he is content where he is at, but after the
new controlled access gate is installed, access to the current Managar's office will be
limited.
Iowa City Flying Service lease: O 'Neil said this would be deferred until the next meeting.
The ICFS lease needs an amendment to address the rent for the maintenance shop and the
United hangar. After the new hangar is completed, those two buildings will be leased on a
month to month basis.
Anderson said he would not want to have any agreement to lease the shop in exchange for
repairs to the building. 0 'Nell said he thinks there is some room for negotiation that would
be beneficial to ICFS and the Airport as long as the agreement does not extend beyond the
time of ICFS's master lease.
f.
State MP application: The IDOT AlP apphcation is due April 1, 1999. O'Neil said there
are four different categories for funding. Each has a different funding formula. Safety is a
90/10 split, with IDOT paying the 90 %. Preservation is 80/20, standards are 70/30 and
expansion is 60/40. The Commission voted 5 - 0 to apply for funding to rspaint the rotating
beacon tower. O'Neil said he was not sure which category that would be listed under, but he
will prepare the grant application and submit it before the deadline.
go
Land use agreement - Marketing Systems Unlimited: O'Neil said the owner of the
property at 1519 South Gilbert Street would like to lease some of the Airport's property to the
south and west of his building so he could maintain it. Mitchell said he thought the best way
to allow this was to negotiate a service agreement.
O 'Neil said this would be beneficial to both parties because there would be less mowing for
the Airport and Marketing Systems could have a more manicured area surrounding their
property. Foster made a motion for a resolution to enter into a service agreement with
Marketing Systems Unlimited. Bender seconded the motion and at roll call vote, the motion
passed 5 - 0.
CHAIRPERSON'S REPORT: Heran said he had nothing further to report.
COMMISSION MEMBERS' REPORTS: No reports were given.
ADMINISTRATIVE REPORT:
O'Neil said the Central Region AlP Conference is April 27m - April 29m. Horan, Mascari, Foster
and Bender said they would like to attend.
O'Neil said reminded the Commission that they are scheduled on the Council agenda for March
29, 1999, to discuss the Terminal renovation.
O'Neil said there has been a request for a grass runway parallel to Runway 30 to accommodate
tailwheel aircraft. The Commission said they were not interested in discussing the issue at this
time.
The Commission subcommittee meeting to discuss the North Commercial area is scheduled for
March 24~ at 10:30 a.m. City Planning staff and the Council subcommittee will also attend the
meeting.
O 'Neff reminded the Commission there is an article in their information packet concerning the
GPS ground system installed on an experimental basis at the Cedar Rapids Airport.
The FAA is requiting revisions in the Airport's DBE plan.
The Iowa Transportation Commission will be meeting at the Clarion Hotel on April 20~, 1999, at
8:30 a.m. Horan said he would try to attend.
O'Neil included a copy of the Council's new absentee policy in the Commission's information
packet.
ELECTION OF OFFICERS: O'Neff said that the by-laws state that a chairperson and vice-
chairperson/secretary shah be elected at the March meeting. Anderson made a motion to
nominate Mascari for chairperson. Bender seconded the motion. Foster made a motion to
nominate Horan. Horan asked to have his name withdrawn. At roll call vote, Mascari was
elected 4 - 0, with Mascari abstaining. Bender nominated Anderson as vice-
chairperson/secretary. Mascari seconded the motion .and at roll call vote, Anderson was elected 4
- 0, with Anderson abstaining.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for April 8, 1999, at 5:45 p.m.
ADJOURNMENT:
The meeting was adjoumed at 8:32 p.m.
Howard Horan, Chairperson
MINUTES
IOWA CITY HISTORIC PRESERVATION COMMISSION
MARCH 11, 1999 - 5:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
PRELIMINAR'
Subject to Approval
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Lars Anderson, Frank Gersh, Mike Gunn, Betty
Doris Malkmus, Pam Michaud, Michaelanne Widness
Marc Mills, Linda Shope
Scott Kugler
None
Kelly,
RECOMMENDATION TO COUNCIL:
Gersh moved that the Commission's current attendance policy is adequate; therefore, the
Commission recommends that the proposed attendance policy be dropped. Anderson
seconded the motion. The motion was carried by a vote of 7-0.
CALL TO ORDER:
Chairperson Kelly called the meeting to order at 5:38 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were no items.
DISCUSSION OF HISTORIC PRESERVATION AWARDS PROGRAM:
Kelly said that she, Malkmus, and Widness wished to change the name of the program to the
"Historic Preservation Recognition Program." Members agreed that the change was appropriate
because the program is no longer a competition.
Kugler noted that some tasks still needed to be filled for the May 12 recognition program that
may be held at the Masonic Temple. Kugler said Anderson had already arranged for a meeting
with the Johnson County Historical Society and Fdends of Historic Preservation. The meeting
was to occur the next day. Kelly suggested that they also remember to ask their sponsors for
funds for the refreshments. Last year's sponsor was Hill's Bank. Tasks and assignments were
determined as follows:
· Program Coordinator - Anderson
· Arrange Planning Meetings- Anderson
· Arrange Program Location - Malkmus
· Create the Printed Program - Widness
· Set up the Audiovisual Equipment at the Program Site - Mills
· Arrange for Refreshments - Gersh
· Information Table for Brochures - Michaud
· Thank-You Letters - Gersh
· Attend City Council Meeting to Accept Proclamation of Historic Preservation' Week and
Make Brief Announcement about Recognition Program - Widness
Iowa City Historic Preservation Commission Minutes
March 11, 1999
Page 2
Kelly asked if they had decided on a speaker for the program. Kugler said he contacted the
State Historical Society about Bill Wagner, a retired architect. Kugler was advised that Wagner
has done a lot of good work, but probably would not be the best speaker for the program.
However, Molly Naumann is available and willing to speak. Kugler said he still needs to find out
how much Naumann will be paid from Friends of Historic Preservation.
Kugler said that Friends of Historic Preservation will actually celebrate their 25th anniversary
next year, not this year. The Commission may wish to work with them next year for another tie-
in to the program.
Kugler presented slides of houses that may be eligible for each of the categories in the
recognition program (painting and exterior finishes, residential rehabilitation, commercial
rehabilitation, new buildings, and stewardship. No properties were found for the stewardship
category this year. For all other categories, members viewed the slides and narrowed the list of
appropriate candidates. Kugler said that he would provide a listing of the houses identified for
recognition at the next meeting.
(Malkmus arrived at the meeting.)
SECTION 106 REVIEW: 1211 SHERIDAN AVENUE:
Kugler explained that this property is listed as a contributing structure within the proposed
Longfellow Historic District. The Housing Rehabilitation division is proposing to use federal
funds to assist in making improvements to this property. If the Commission determines that the
property is eligible for listing on the National Register of Historic Places, the proposed work
must be consistent with the Secretary of the Interior's Standards for Rehabilitation. He pointed
out that Molly Naumann surveyed the site and considers the structure marginally contributing.
Malkmus asked what the storm windows would "match," as listed on the application. Kugler
stated that the new storm windows would match the existing storm windows.
Motion: Anderson moved to find the property at 1211 Sheridan Avenue eligible for listing
on the National Register of Historic Places. Gersh seconded the motion. The motion
carried by a vote of 7-0.
Commissioners discussed whether a new metal insulated garage door would be acceptable
over wood. Malkmus said that if this would not be acceptable, they should suggest an
alternative. Gunn said that the Commission needs to eventually investigate alternatives for
garage doors. Members agreed that because the garage was built under the house, the owner
should be able to have a simple insulated door painted the color of the house.
Motion: Anderson moved to approve the suggested repairs for 1211 Sheridan Avenue as
listed-finding that they meet the Secretary of the Interior's standards. Gersh seconded
the motion. The motion was carried by a vote of 7-0.
Kugler showed a slide of a 625 Fourth Avenue, which may come before the Commission as a
Section 106 review next month. Because the house needs an emergency roof repair, Kugler
asked for an opinion from the Commission on whether they believed the house may be eligible
for listing. If not, the owners could move forward with the roof repair.
Motion: Gunn moved to find the house at 625 Fourth Avenue not eligible for listing on the
National Register. Anderson seconded the motion. The motion carried by a vote of 7-0.
Iowa City Historic Preservation Commission Minutes
March 11, 1999
Page 3
DISCUSSION OF AIRPORT TERMINAL RENOVATIONS:
Malkmus said she had good news to report because the architecrs plans removed the elevator
from in front of the glass block window wall in the lobby. The window profiles will remain the
same on the outside. On the inside, a glass partition will separate the stairway from the second
floor and will replicate the original design. In addition, the design of the woodwork behind the
original United baggage counter will be retained as the wall is moved. The design will be used
on the new baggage counter. She said that she and Richard Carlson, historic preservationist,
advised the Airport Commission to find someone who could restore the wood rather than rely on
the contractor to make that decision.
Malkmus stated that an article on the renovation was to appear in the Cedar Rapids Gazette.
Widness asked if the Commission would still pursue a nomination. Malkmus said Jan Nash may
be submitting an application for the National Register.
DISCUSSION OF DOWNTOWN SURVEY:
Kugler said that the Request for Proposal is not finished, but will mail a draft to Commission
members when it has been completed.
DISCUSSION OF HISTORIC DISTRICT GUIDELINES:
Gunn handed out a table he created to further clarify the design criteria proposal of January 6.
He had created a matrix that commissioners agreed should serve as the framework for
providing advice to homeowners. Gersh pointed out that members should view the matrix as a
framework, not as guidelines that cannot be changed.
Commissioners discussed specific questions and concerns that they had concerning the matrix.
There was general agreement on the layout. Changes were made to the matrix as members
discussed contributing vs. non-contributing structures, how to define compatibility with the
neighborhood vs. compatibility with the primary structure, and how scale is defined and used.
Gunn said that the Commission could wdte more specific guidelines to clear up specific issues
(such as placing aluminum siding over a historic house) as they reviewed sites. He said the
framework and guidelines will never be detailed enough to solve all problems. Commissioners
agreed that the framework is a good starting point.
DISCUSSION OF COMMISSION PROCEDURES, BYLAWS, AND ORDINANCE:
Commissioners agreed that this should be placed on the next meeting's agenda because there
was not adequate time for discussion.
CONSIDERATION OF MINUTES FROM THE FEBRUARY 11, 1999 MEETING:
Malkmus noted an extra word on Page 4 that had already been crossed out.
Motion: Gersh moved to approve the minutes from the February 11, 1999 meeting as
submitted. Kelly seconded the motion. The motion was carried by a vote of 7-0.
COMMISSION INFORMATION/DISCUSSION:
Kugler stated that the City Council is considering a new attendance policy that would affect all
City boards and commissions. After a commissioner had missed two meetings within a 12-
Iowa City Historic Preservation Commission Minutes
March 11, 1999
Page 4
month period, that person would receive a reminder notice of the policy. After three missed
meetings, the Commission or City staff would notify the City Council of the absences.
Commissioners did not like the idea having to notify the city clerk of a member's absence. They
also noted that there was no definition of just cause or possibility for extenuating circumstances
in the policy. Commissioners agreed that this type of policy would make finding new members
and retaining their current membership much more difficult. If this type of policy is to be
instituted, it was suggested that Board and Commission members be paid rather than be
volunteers. In short, the commission stated that the policy seems overly demanding. The
Commission believes that their current attendance policy is adequate, and allows the
Commission Chair to determine when an attendance issue is affecting the Commission's
effectiveness.
Motion: Gersh moved that the Commission's current attendance policy is adequate;
therefore, the Commission recommends that the proposed attendance policy be
dropped. Anderson seconded the motion. The motion was carried by a vote of 7-0.
Widness wished to note that the Commission will have to wait for the May meeting to finish the
map. She asked all commission members to review the current map and think about whether
they would like to have two maps-one with a walking tour and one with historic districts.
Malkmus said that the mechanics of having the maps made has been holding them up and
asked whether the City could help. Kugler said the Commission may be able to have the
creation of the map funded by the City. Later on the Commission could do some fundraising to
help pay for printing. Malkmus said that a City employee could lay out the map once the
Commission has decided what it would like to see on the map.
Gersh suggested that because of time constraints, the Commission should discuss the bylaws
at the next (April) meeting and the map at the May meeting.
Kugler added that Steve van der Woude asked if the Commission could schedule a special
meeting before April because he would like to begin work on a project after receiving the
Commission's input. Kugler said he would obtain all of the necessary information and contact
commission members about a time.
Kelly said that because this was her last meeting, she wished to thank everyone and tell them
that she had enjoyed her experience with the Commission. She wished commissioners luck and
encouraged the Commission to move ahead with the Longfellow neighborhood preservation
initiatives. The Commission thanked Kelly for all of her hard work and dedication for many
years.
ADJOURNMENT:
MOTION: Anderson moved to adjourn the meeting. Gersh seconded the motion. The
motion carried by a vote of 7-0.
The meeting was adjourned at 8:20 p.m.
Minutes submitted by Wendy Larive.
ppdadm/min/hp¢031199, do¢
MINUTES
IOWA CITY HISTORIC PRESERVATION COMMISSION
TUESDAY, MARCH 23, 1999 - NOON
LOBBY CONFERENCE ROOM - CITY CIVIC CENTER
PRELIMINA
s.x,ject to amov,,_ -I
MEMBERS PRESENT: Lars Anderson, Frank Gersh, Mike Gunn, Betty Kelly, Pam Michaud,
Marc Mills
MEMBERS ABSENT: Doris Malkmus, Linda Shope, Michaelanne Widness
STAFF PRESENT:
Scott Kugler
OTHERS PRESENT: Steve van der Woude, Drew Davis
CALL TO ORDER:
Vice-chairperson Kelly called the meeting to order at Noon.
CERTIFICATE OF APPROPRIATENESS REVIEW:
509 Brown Street
Kugler said they have a proposal for modification to the property, which includes some changes
to the roof line at the northeast corner of the property and the addition of a front porch. van der
Woude explained the proposed modifications to the Commission.
Michaud asked how far the porch would come out. van der Woude said eight feet. He discussed
another house he did three years ago that had a similar L-shaped porch to this proposed
modification. Kelly asked if the railing posts would be set back. van der Woude said no, they will
tie into the columns. Mills said asked about the current triangular window.
MOTION: Mills moved to approve a Certificate of Appropriateness for 509 Brown Street.
Gersh seconded the motion. The motion carried by a vote of 6-0.
536 South Summit Street
Kugler said they previously approved an addition now being constructed in the back of the
building, and this proposal is for a deck to be built behind that. He said he did not think the deck
would be visible from the street, but it might be visible from neighboring properties. He said the
deck would be 5'x10' without any rail. He said the second mailing to the Commission showed
the plan and the profile' of the deck. Kelly said she thought the deck would be placed close to
the fence. Kugler said it would have to stay three feet off the property line to follow building
code, unless the property owners get another modification for that. (Editor's Note: It was later
determined that the Zoning Chapter would permit the deck to be built up to the property line.)
Michaud asked if there would be any snow drainage problems between the spa and the
windows. Drew Davis, representing the property owner, said no, the windows do not run all of
the way down in that location. Kugler said this would be a slab, and the owners would get a
free-standing spa to stand on top of it. He said the only permanent thing would be the slab,
which does not come under the Commission's review.
MOTION: Anderson moved to approve a Certificate of Appropriateness for 536 South
Summit Street. Michaud seconded the motion. The motion carried by a vote of 6-0.
Michaud asked if there was tinted glass around the addition. Davis said it was high performance
glass, but it was not tinted.
Iowa City Historic Preservation Commission Minutes
March 23, 1999
Page 2
AWARDS PROGRAM:
Consideration of Properties for Awards Program
Kugler said two days after the Commission decided not to include the property on South Clark
Street in the painting category, Roger Gwinnup called to nominate the addition on that house.
He said the Commission had not considered the addition, but it could be included in the
addition/new construction category. Members decided to include the property in the addition
category. He said Gersh also noticed another paint job, which is located at Clinton and
Davenport, and suggested that the Commission look at it. Commission members decided to
include the property in the painting category.
Anderson said they should divide the painting category into improved paint jobs and historically
accurate paint jobs for next year. Kugler said the presenter could emphasize the more
historically accurate paint jobs. He said they have about 10 houses in the painting award
category. Commission members decided to take another look at the houses proposed for the
painting category at their next meeting.
Kugler said Gersh mentioned a property with an addition at 511 Clark Street. He said it does not
look quite complete because the property owners have painted the back a darker color, which
Gunn said was primer, they have removed some of the storm windows and have staded
painting in other places on the building. He suggested waiting until next year when it is more
complete to give it an award. Members agreed to do that.
Kugler passed around a photo of the duplex on South Summit Street. He said that he noticed a
window with six-inch Hardy Plank around it. He said he and Gunn both talked to Brad Houser
about cutting that down to fit better. Gunn discussed the shape of the windows, the trim and the
corner boards, and said Houser did not resist changing the trim around that window at all.
Kugler said Houser is taking the siding and butting it right up against the window, and laying the
trim over the siding. He asked if that would be watertight. Gunn said there would be caulk
behind that. He said that is not according to Hardy Plank specifications, but he thought it would
be fine.
ADJOURNMENT:
MOTION: Anderson moved to adjourn the meeting. Gunn seconded the motion. The motion
carried by a vote of 6-0, and the meeting was adjourned at 12:25 p.m.
Minutes submitted by Traci Wagner.
ppdadmin/min/hl~..3-23.doc
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
MEMBERS PRESENT:
Mary Larew, Charles Major, Diane Martin,
Jane Nelson-Kuhn, Mettie Thomopulos, Art Vincent
MEMBERS ABSENT:
Joan Jehle, Janice Simmons-Welburn, Jan Warren
STAFF PRESENT:
Heather Shank
OTHERS PRESENT:
Kris Das, Dave Leshtz
1. CALL TO ORDER:
Chairperson Martin called the meeting to order at 7:01 p.m.
2. APPROVAL OF THE MINUTES:
Vincent asked that his vote be counted as an abstention under "Election of
Officers, Vice Chair" because he did not vote at that time. Vincent was
informed that he could not go back and change the minutes to reflect what
he wanted rather than what happened. Vincent stated that he did not vote at
the last meeting and he wanted that reflected in the minutes. Vincent
indicated he wanted the vote to read 8-0-1 on the election of Jan Warren for
Vice Chair of the Commission. The one reflects Vincent's abstention.
Nelson-Kuhn suggested that members always let everyone know when they
are abstaining from a vote.
Vincent asked that the minutes also include Nelson-Kuhn's suggestion of
respite care for Vincent's father, paid for by the City, so as to allow Vincent
time to come in and read cases. Nelson-Kuhn's suggestion was raised during
the discussion of commissioners checking cases out of the building.
MOTION: Larew moved to approve the minutes from the
January 25, 1999 meeting as amended. Vincent seconded the motion. The
motion was carried by a vote of 6-0.
Martin stated that there was a second set of minutes from the training
session for new members.
MOTION: Nelson-Kuhn moved to approve the minutes from the February 8,
1999 special training meeting. Thomopulos seconded the motion. The
motion was carried by a vote of 6-0.
3. RECOMMENDATIONS TO COUNCIL: None
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
FUTURE BUDGET: Major wondered if the Commission missed an opportunity
to increase their budget. Nelson-Kuhn asked if the Commission could
discuss the budget a couple of months before it is due. Shank explained she
submits a budget in October. She will provide the budget information to the
Commission prior to the budget conference next October. Vincent asked if
an ad hoc committee had ever been assembled to address budget concerns.
Shank said there had not. Shank mentioned, however, that the Commission
receives a check from the ICRC for the resolution of cases. The money is
placed in the education budget line as agreed to by the Commission. Shank
stated that this money previously was placed in the general fund. She said
the Commission could certainly look at the budget and make suggestions.
Major said he would like to look at this in August or September because he
believes the Commission should make a case for more money.
4. GUESTS: KRIS DAS, DAVE LESHTZ:
Kris Das stated that he is the international liaison for the College of
Education and works for the International Education office. He first thanked
the Commission for the support they provided for International Day. He said
that to follow up on this, the International Education Office plans to hold a
Human Rights Seminar in conjunction with the 50t" Anniversary of the
Declaration of Human Rights and Global Focus. He asked commissioners to
briefly review his proposal.
After commissioners read the proposal, Martin clarified that the College of
Education will sponsor this workshop and asked Das what he wished from
the Commission. Das said the eventual goal of the seminar is to begin the
teaching of Human Rights Education. He said the University of Iowa would
be one of only a few institutions of higher learning offering a course in
human rights education. He said he is looking for any funding the
Commission may be able to offer.
Major asked when the funding would be needed because the Commission
had just discussed that the budget for this year has already been set. Das
said this might be happening in late 1999 or the spring of 2000.
Martin asked if this would be a for-credit course. Das said the long-term
plan is to hold the seminar first, then eventually implement a full-fledged 3-
credit course.
Vincent asked when the new fiscal year will begin. Shank said it will begin
in July and that the budget has already been established. Vincent then
asked if all of the funds had already been designated for a particular purpose.
Shank said they had not because it will depend on the programs that the
Commission wishes to promote. Vincent said the Commission may then be
able to give this program paramount consideration if they chose to. Martin
said the Commission could do this if they wished; however, because the
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
Commission receives so many requests, Das should not look to the
Commission to be a source of major fundS. Das said any amount of funding,
no matter how minor, would be appreciated.
Nelson-Kuhn asked if the cost of educational materials was for a particular
curriculum the College is purchasing. Das said they are receiving materials
from a variety of sources.
Martin asked what amount of support the University is offering. Das said
that he did not yet know.
Martin said the Commission would like to receive more information about
how the University will support this and she reiterated that the low budget of
the Human Rights Commission is generally used for education programs
based around the local ordinances.
Vincent asked for an address for people who wished to provide support in
the form of personal donations. Das said the address is: The International
Education Office, N297 Lindquist Center, College of Education, The
University of Iowa, Iowa City, Iowa 52242.
Dave Leshtz stated that his presentation was similar in that he was
representing a University department wishing to reach out to the community.
He said he supervises the Office of Community Education at the University
Hospital School and one of his roles is to involve the community in issues
regarding disabilities. He said they are planning an event for April 23, 1999
where Norman Kunc will speak on "The Right to be Disabled." Leshtz said
he is not asking for funding in light
of the above discussion. Rather, he asked for the Commission to co-sponsor
the event or help with publicity.
Nelson-Kuhn moved for the Human Rights Commission to add the
Commission's name as co-sponsor for the Norman Kunc lecture on
April 23, 1999. Vincent seconded the motion. The motion was carried by a
vote of 6-0.
Shank said that in addition to putting up posters, the Commission would
advertise the event on the local government channel.
5. OLD BUSINESS:
Attendance Policy - Revision of the Bylaws
Martin said the final wording for the proposed revision of the bylaws was
included in member's packets. However, this will be halted for awhile
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
because the City Council plans to discuss attendance policy for all
commissions.
Vincent moved to table discussion and action on the proposed revision of the
bylaws until the City Council has reviewed the attendance policy for all
commissions. Larew seconded the motion. The motion was carried by a
vote of 6-0.
Martin asked if the Commission knew when the Council would be reviewing
this. Shank said that she heard it would be soon. Martin said if this were
not the case, the Commission may want to revisit the issue sooner.
Team Case Review: Commission Survey, Organizational Policy
Martin stated that members' packets contained the results of a Commission
Survey that Shank had conducted by telephone. Martin noted that some
Commissions complete the case reviews themselves. She also noted that
one of the questions on the survey was whether the town or city allowed
cases to be removed from the city attorney's office, civic center, etc. For
the majority of the towns surveyed, the cases cannot be removed.
Martin added that all commissioners received a copy of a memo from Dale
Helling, Assistant City Manager. Helling's memo states that he
has determined that it should be the policy of the Human Rights Division that
case files remain within the immediate custody and control of the Human
Rights Coordinator. Martin said this is a policy issue, not a legal issue.
Vincent asked if the City had addressed the issue of accommodations for
commissioners in terms of reading papers. Shank said the memo indicates
that just reading the summary would provide enough information for the
commissioner to make a probable cause determination. Shank noted that a
lot of commissions only read the summary.
Larew said she was under the impression that it is the habit of this
Commission to read the entire case. Shank said that has generally been the
situation; however, the City has determined that it is not absolutely
necessary. Shank said the choice to read the entire case is the
commissioner's prerogative and they will certainly make the case available.
However, for those with time constraints, reading only the summary may be
sufficient to make a determination as to whether there is probable cause to
believe discrimination occurred.
Martin said perhaps the application for commissioners should provide a more
thorough description of the amount of time to be involved. Shank said she
would make sure the applications are improved. Thomopulos stated that
even including a portion of Helling's memo would suffice because it explains
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
that a commissioner does not have to read the entire case in order to make
an intelligent decision.
Martin said that in her experience, the average amount of time it takes her to
read a case has been from 45 minutes to an hour and a half. Vincent said
the cases he has read have taken longer. Major said in his experience, he
has read most cases in 45 minutes to an hour and a half.
Vincent said that he would like to revisit this when all nine members are
present and discuss whether everyone feels it is sufficient to just read the
case summary. Shank clarified that the memo states it is the
commissioner's prerogative. Vincent said he understands this but would still
like to hear from other commissioners.. Martin said this could be placed on
the April agenda. Thomopulos said she would go along with placing this on
the agenda but does not understand how
another discussion will help. She said she understands the memo to mean
that whether one chooses to read the summary or the entire case, the City
has made a policy that the case will not leave the building. Vincent said he
would still like to hear from the other commissioners who are not present as
well as the new commissioners.
Human Rights Breakfast
Martin said Jim Anaya would not be available to speak at the Human Rights
Breakfast. The Commission voted unanimously to ask Diane Finnerty to
speak at the breakfast. Shank said she would contact Diane Finnerty and
ask her if she plans to speak about human rights or if she has a more
specific topic in mind.
Disability Law Update and Harassment Law scheduled for March 25, 1999
Shank said that at 7 p.m. on March 25, 1999, there will be a Discrimination
Law Public Forum. Professor John Allen will present a Disability Law Update
from the University of Iowa College of Law. Julie Pulkrabek from Phelan,
Tucker, Mullen, Walker, Tucker, and Gelman, LLP will discuss new
developments in harassment law. Shank strongly recommended that all
commissioners attend.
Martin said that in order to get the word out, commissioners will help out
with posters, stuffing envelopes, etc. Shank said that she might be able to
have some University of Iowa students assist with this work.
Martin asked if the Commission plans to publicize the "Yidl in the Middle"
film at the same time. The Commission is co-sponsoring a showing. Shank
said that they would.
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
Martin noted that the film is scheduled for March 22, 1999, the same night
as the Commission's regularly scheduled meeting. Martin said she would
contact commissioners with information about the time and location of the
showing. The regularly scheduled meeting will be held March 29 instead of
March 22 so that commissioners may attend the screening if they wish.
Martin said she was impressed that everyone reviewed the video so quickly.
All but one member reviewed the video within four days.
Larew asked if everyone thought the video was a good production. Martin
said most of the comments were positive. Major said that he was not
particularly impressed because he attended the high school featured in the
film. He said he did not think the film showed Des Moines, Roosevelt, or
Jewish people in a positive light. He said he would be interested to see how
the Jewish community views it.
Nelson-Kuhn said she did not see it this way. She thought the film did not
show that Des Moines was a bad community, rather, the film showed that
Des Moines was typical of a Midwestern homogenous community.
Martin said she thought the filmmaker was careful to leave in some
ambiguity about people, including the Jewish people themselves. Vincent
said he thought it reflected Iowa in a realistic light. Martin agreed and said
she thought the film was generally reflective of the Midwest and that she did
not associate it with Des Moines specifically.
Nelson-Kuhn said she grew up in a community with different factions of
Catholics, (German Catholics, Irish Catholics, Mexican-American Catholics,
etc.) and indicated that she thought the film captured what happens
culturally even among groups that are supposed to be the same.
Thomopulos said she looked at the film from a different perspective. She
saw it as the filmmaker's struggle within herself.
Cultural Diversity Day - pick up of materials
Martin said Thomopulos and Simmons-Welburn would work the first shift
and would need to make arrangements to pick up the materials from Shank.
Nelson-Kuhn and Major would work the second shift and would need to
make arrangements to return the materials to Shank. Thomopulos said she
could pick up the materials on that Friday.
Additional Training Session?
Martin said Simmons-Welburn has the video of the training session and will
return it to Shank. Shank said she sent everyone information about the
elements that need to be established in sexual harassment cases and other
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
harassment cases. However, a lot of things are still up in the air because the
Supreme Court did not delineate a lot of things that had been decided.
Shank said she thought the Court was not very specific about the
complainant's burden in harassment cases.
Vincent asked if same-sex harassment law had been revised. Shank said
there was a case last year (Oncale) that made same-sex harassment against
the law.
Martin said commissioners should talk to Shank if they would like to watch
the video from training.
Posters
Martin noted that this was discussed previously. Shank said she probably
had students who could put up posters.
Martin said that she sent a letter to the new director of the Iowa Civil Rights
Commission at the commissioners' request. She said the letter welcomed
the new director, indicated that the Commission looked forward to working
with her, indicated that the Commission had previously asked that
discrimination against Iowans based on sexual orientation be considered as a
topic for the fall planning retreat, and invited her to a meeting. She noted
that the Lieutenant Governor wrote the Commission. (The letter was
included in commissioner's packets.)
Martin also stated that she heard the meeting of the Rapid Response Team
went well. Shank asked if Larew could attend the Team's next meeting,
which was to be held the following day. Larew said she was not sure if she
would be able to attend. Shank said Jehle is the person who will be on the
team and Larew is the alternate.
Nelson-Kuhn stated that she noticed the committee did a lot of work on the
essay contest that the Commission is co-sponsoring with Joyce Carmen.
Shank said Carmen wished to thank Larew and Vincent for their assistance.
Nelson-Kuhn said she wished to make sure that teachers who are apprised of
this are encouraged to promote this to all students, not only those who are
scholarly. Shank said that Carmen had heard this comment at their last
meeting and certainly wished to make the contest available to all students.
Larew said that judging 50 percent of the piece on the depth and scope of
ideas will help open up the contest to all students. Vincent asked if the
committee could move ahead with generating press releases for the contest.
Shank said she would check on this with Carmen.
6. NEW BUSINESS:
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
Jan Alderton - Housing discrimination speaker from Cedar Rapids
Shank said Jan Alderton is the housing specialist in Cedar Rapids who said
she could give a speech in Iowa-City on housing discrimination and other
issues related to housing. Shank asked if one of the commissioners would
like to read the materials and make a recommendation. Nelson-Kuhn said
she would like to do this.
Martin said it had been a long time since the Commission had looked into
housing discrimination or invited a speaker to discuss this. Shank noted that
the City ordinance has recently been revised to meet Housing and Urban
Development's (HUD's) specifications. She said the City has been
attempting to revise the ordinance since 1994 to make it substantially
equivalent to the Fair Housing Amendments Act of 1989. However, HUD
has continued to return a legal opinion stating that the ordinance is not quite
right. With the last revision, Shank requested that the City receive a written
response from HUD as to whether the ordinance is acceptable before this
issue is again brought before City Council.
Vincent said he recalled a presentation concerning this at a conference he
artended. He had hoped to learn something the City could use to become
substantially equivalent. However, all he heard about was the difficulties
cities encountered with HUD. He said that as he understood it, this would
require a lot of money. Shank said that is because a housing specialist must
be hired and dedicated to housing cases only. Plus, HUD has several
meetings all over the country that city employees are required to attend.
Martin asked which cities are substantially equivalent. Shank said Mason
City adopted all of the language from the state code to become substantially
equivalent. Cedar Rapids and Dubuque are also substantially equivalent.
She added that both Waterloo and Iowa City have been working on this for a
long time.
7. REPORTS OF COMMISSIONERS:
Nelson-Kuhn said there have been major concerns surrounding policy
changes for people who ride SEATS. She said that Lisa Dewey, the new
director of SEATS, wrote the new policies without really discussing issues
with the ridership even though there is an advisory committee. Nelson-Kuhn
said the policies seem punitive because, for example, people who are not
able to keep a scheduled ride through no fault of their own are going to have
to pay extra and possibly lose the 'privilege of riding on SEATS. (For
example, a personal care attendant is late and is not present to help the
person out to the bus.) She said that the Johnson County Coalition for
People with Disabilities has drafted responses to the new policy changes.
She said that on March 1, 1999, there would be a meeting at the Senior
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
Center to address these issues and invited everyone on the Commission to
attend.
Major said he has completed an application for the State Civil Rights
Commission. Vincent asked whether Major's appointment to a state
commission would be incompatible with this Commission. Shank said she
did not think so because it would be unlikely that Major would receive a case
from the Iowa City area. If he is appointed, she will look into this further.
Vincent asked if anyone had heard anything about the Jasper, Texas case.
Thomopulos said she believed the prosecution had rested its case that day.
Vincent asked if other commissioners believed the case had not received as
much press as it should. Most commissioners said they were hearing
something about it every day.
Martin asked if all commissioners received information about the
examination/complaint process. Because not all commissioners had received
the information, Martin asked Shank to include another copy in next month's
meeting packet.
8. STATUS OF CASES:
Shank said that there are two additional cases that have to be signed and
notarized so the list should actually show 59. However, there will not be 59
cases because some of the cases have been closed. Martin said she noticed
that 13 cases were closed. Shank noted 'that the decision made by Nelson-
Kuhn and Thomopulos on a case they had read has been sent to the
complainant.
Martin asked how Case 47-with eight complaints by four different
complainants-would be handled. Shank said she was not sure yet because
all of the cases were brought forth at the same time. Martin said she was
hoping this could be condensed to one case rather than eight and asked if
there was a single event that precipitated this. Shank said that all of those
involved were involved in a single event.
Vincent asked about Case 34 where a "Right to Sue" letter was issued.
Shank said this meant that the person decided to remove the case before the
investigation was complete. The person has 90 days to bring the case in the
district court. He also asked why the investigation for Case 27 was
expedited. Shank said the reasons a case may be expedited include tension
in the workplace that could lead to violence or, extreme stress from the
situation is causing health problems. Vincent asked if the police would ever
be notified that such circumstances exist. Shank said they would never
notify police because nothing has actually happened yet; they are trying to
prevent something from happening.
Iowa City Human Rights Commission
February 22, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
9. ADJOURNMENT:
Nelson-Kuhn moved to adjourn the meeting. Thomopulos seconded the
motion.
The meeting was adjourned at 8:38 p.m.
HRC022299.doc
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Iowa City Civic Center, Lobby Conference Room
MEMBERS PRESENT:
Mary Larew, Charles Major, Diane Martin,
Jane Nelson-Kuhn, Janice Simmons-Welburn,
Mettie Thomopulos, Jan Warren
MEMBERS ABSENT: Joan Jehle
STAFFPRESENT:
Heather Shank, Laz Pittman
OTHERS PRESENT:
1. CALL TO ORDER:
Chairperson Martin called the meeting to order at 7:04 p.m.
2. APPROVAL OF THE MINUTES:
Martin asked that the minutes show that the Commission voted
unanimously (6-0) to have Diane Finnerty speak at the Human Rights
Breakfast. Warren said that she did not wish to make any other changes
to the minutes but did want to state that she was absent from the last
meeting because her father passed away.
MOTION: Warren moved to approve the minutes from the
February 22, 1999 meeting as amended. Larew seconded the motion.
The motion was carried by a vote of 7-0.
3. RECOMMENDATIONS TO COUNCIL: None
4. OLD BUSINESS:
Attendance Policy
Martin said that a copy of the attendance policy proposed by the City
Council is included in members' packets. She said the Commission is
asked to discuss the policy and offer feedback to Council.
Martin said she noticed that thero is no distinction between excused and
unexcused absences. She added that this policy seems very strict if only
20 percent of the meetings in any successive 12 month period can be
missed. This means a commissioner can only miss 2.4 meetings.
Simmons-Welburn said that she also believes this policy is too strict. She
said she sometimes cannot attend because of work demands and would
be disappointed to see other good candidates shy away from serving on
the Commission because of the stdct policy.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 2
Warren asked Shank if potential members ask about the amount of
meetings they will be required to attend. Shank said that they do and she
now includes in press releases a minimum commitment of 10 hours per
month.
Thomopulos added that this may be too strict for someone such as a
student who has an evening class. Simmons-Welburn commented that
she does not want to have to miss a conference she is interested in for
fear of missing a meeting. She said that although she makes an effort,
there are events that come up. Larew agreed and said that any one of the
commissioners could have things come up that they did not anticipate.
Martin noted that the Commission has the option of moving meetings to
another evening to accommodate evenJone.
Warren read from the policy that a commissioner is to receive a letter after
missing one half of the required meetings. This means that a
commissioner will receive a letter after missing 1.2 meetings. Simmons-
Welburn asked how the ".2" fits in and why a percentage is being used
rather than a set number of meetings. Commissioners double-checked
the math and agreed that 20 percent of 12 is 2.4.
Martin commented that sending letters will keep a City staff person quite
busy. Major asked whether other Commission activities would be
counted. Shank explained that other participation and events do not count
as meetings and stated that she really does not have time to send out
attendance letters.
Martin summarized that the Commission would like clarification of the
math, and the Commission would like to know why a percentage was
chosen rather than a specific number of meetings, particularly if most
commissions meet once a month.
Major said that one thing he does like is the idea of notifying people when
they have missed half of the allowed number of meetings. Other
commissioners agreed.
Martin and Warren questioned the wording of "just cause." They question
what constitutes "just cause" and whether the removal of a commissioner
is automatic when just cause is found. They asked whose decision this is
and whether there is an appeals process.
Thomopulos asked if the Council intended to leave out the words
"excused" and "unexcused." Martin replied that this was intentional.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 3
Warren asked if the Council realizes the amount of work this will create for
City staff if letters need to be issued for all of the boards and commissions.
Martin said she believes the Council's intent is to remove this burden from
the boards and commissions because the members are dealing with
colleagues. On the other hand, some Commissions want to have control
over their policy. Major noted that if this policy is implemented, it is
unlikely that the policy will ever be reversed.
Nelson-Kuhn said that it is an honor to be on the Commission; however,
no one on the Commission is paid and the policy seems too punitive.
Simmons-Welburn added that she understands the need for attendance in
a volunteer organization; however, they need to be realistic and remember
the human factor. She said most workplaces, including the University, do
not have such a strict policy. An employee has the opportunity to explain
his or her absence. Warren said that this is why the opportunity for
absences to be excused or unexcused is so important.
Simmons-Welburn said the policy also does not take into consideration
those members who may be actively participating in other board or
commission activities aside from the meetings.
Warren said perhaps because this particular commission has been
dealing with this very issue, the Council should look at their policy. The
Commission's revised policy was the HRC's best effort after several
discussions and meetings. Larew said that perhaps the Council could
adopt the Commission's policy. Warren added that it seems like they are
starting the whole process over again because the HRC just finished
working on this issue. Shank commented that the Council has seen the
revisions the HRC has made.
Commissioners discussed whether they wished to make a
recommendation to Council. Martin said the discussion will appear in the
minutes and should satisfy the requirement for feedback. Warren said she
wants to make sure that the Commission is responsive. Simmons-
Welburn suggested that all comments from the discussion be included in a
memo to Council. Shank said she will do this.
Human Rights Breakfast
Martin said that Diane Finnerty's message accepting the Commission's
invitation to speak at the Human Rights Breakfast was included in their
packets. Martin added that Jehle will return in April and the Commission
should start discussing subcommittees at the April monthly meeting.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 4
Housing Discrimination Speaker
Nelson-Kuhn said that she had not read the materials Shank had given
her. She said that she will read the materials and make a
recommendation about Jan Alderton, a housing specialist in Cedar
Rapids, at the next monthly meeting.
Shank said the reason that this is important is because she is supposed to
have a decision on March 31 as to whether the Iowa City ordinance is
substantially equivalent to the Fair Housing Amendments Act. Martin
asked if the HUD funds for this are still available considering the fact that
the Commission started this process in 1993. Shank said that the funds
apparently are still available. Martin and Shank agreed that funding will be
needed in order for the City to be able to administer the housing
discrimination cases themselves.
Warren asked if Shank would provide further explanation for the new
members. Shank explained that before the City can investigate housing
discrimination cases in any other category besides sexual orientation and
gender identity, the City's ordinance must be substantially equivalent to
the Fair Housing Amendments Act of 1989. If not, HUD will throw out the
City's investigations and do them over again, costing the complainant and
the respondent. She said HUD apparently does not think a city can
complete an adequate investigation unless the ordinance is exactly like
the federal law. Currently, all housing discrimination cases go to the State
unless the discrimination is because of sexual orientation or gender
identity. As Shank explained in the previous meeting, the ordinance has
been revised several times, yet the legal opinion returned from HUD
continues to state that it is not right. Because she has been told during
telephone conversations that the ordinance is fine, Shank has requested
that the City receive a written response from HUD as to whether the
ordinance is acceptable before this issue is again brought before City
Council.
Town Meetings
Although not on the agenda, Warren said that she wanted to bring this up
because Diverse Cities was supposed to take this over but not much has
happened. She said that if Diverse Cities is not going to pick this up as a
project, she would like to talk about bringing it back to the Commission.
She said it is probably too late for this year, but they could discuss it in late
summer and make plans for fall. She said the last time they held a town
meeting was on MLK day in 1998. Thomopulos commented that it is too
bad that the meetings lost momentum. Simmons-Welburn said the
meetings were so popular one couldn't even get in. Warren said that this
tells them there is a lot of interest and they should .not forget about it.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 5
Poetry Essay Contest
Shank reported that the deadline for the contest is April 5; however, she
has only received one poem. She said that Joyce Carmen was going to
call the language arts teachers. Shank also stated that she received a call
from one student who said that her teacher did not want to give her an
application because it was the last one. Shank sent the student an
application and noted that Carmen was going to call West High to find out
what was going on. Shank said that an ad has been in the newspaper,
and she asked WSUI to announce the contest from the press release.
Simmons-Welburn said that although too late for this contest, the
Commission should remember to advertise in the high school newspaper
next time. Warren said that she thinks the key to receiving a good
response is to get teachers excited about the contest; they know which
students may be interested. Larew said that she thinks kids definitely pay
attention to posters, especially when there's money involved. Simmons-
Welburn noted that she had given applications to her daughter to take to
some of her teachers and the guidance counselor. Larew reported that
she also gave some applications to her daughter who is a teacher.
Warren suggested that they contact Marian Karr? Simmons-Welburn said
that she would call her.
Norman Kunc Presentation
Nelson-Kuhn stated that because the Commission agreed to cosponsor
this event, she wanted the Commission to know that Kunc has been
scheduled to speak an extra day because the response was so favorable.
5. NEW BUSINESS:
Vacancy on Commission
Martin said that there is a vacancy on the Commission that has been
posted. Shank said that she is not sure when the deadline will be.
Warren asked if old applications may be used. Shank said that old
applications cannot be used because the new application specifies that a
commissioner will spend a minimum of 10 hours per month on
Commission business and describes all of the duties and responsibilities
of the commissioner. Shank said applications less than six months old
may also be pulled for review if the applicant contacts the City. Martin
said that if commissioners know of a person who would be a good
candidate, they could make them aware of the vacancy. She said
commissioners should remember that the person has to live in Iowa City.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 6
Solomon Amendment II
Warren explained that the University of Iowa College of Law has had a
long-standing policy of not allowing the U.S. military to recruit on the
premises because of the military's practice of discriminating against gays
and lesbians. However, recent legislation, called the Solomon
Amendment, requires that any school receiving federal money allow
military recruiting on site. Since the legislation has passed, the College
has been unable to prevent recruiting. Lois Cox has since provided
Warren with information about how a group plans to work at repealing the
amendment. The group has asked for the Commission's help in writing
letters requesting the repeal of the amendment. Warren said that
individuals on the Commission could write a letter if they wished. She
asked if .Shank would make sure commissioners received a copy of the
information with the appropriate address and wording. Alternatively, the
Commission could write a letter.
Martin asked why this is affecting law schools. Simmons-Welburn said
that as she understands it, any institution of higher learning that receives
federal money cannot stop the recruiting. Warren said that the effort to
have this repealed seems to be an organized effort by law schools. She
added that the irony of this is the University must violate its own
nondiscrimination policy because of the legislation.
Simmons-Welburn said that she would be in support of the Commission
sending a letter. Major said that he had nothing against the Commission
letter, but believed individual letters would have more impact because of
the volume.
Motion: Simmons-Welburn moved that the Iowa City Human Rights
Commission write a letter to their congressperson in support of repealing
the Solomon Amendment. The Commission letter will be drafted and
presented at the April meeting for commissioners' signatures. In addition,
each commissioner is encouraged to write an individual letter with the
wording suggested by the Committee to Repeal the Solomon Amendment.
Thomopulos seconded the motion. The motion was carried by a vote of 7-
0.
6. REPORTS OF COMMISSIONERS:
Larew stated that all dietary workers and people in the dishroom at the
University of Iowa Hospitals and Clinics (UIHC) are being subjected to a
new policy. They previously had protection from contagious patients when
working with food trays and the like. Because all former policies have
been repealed, no masks, gowns, or gloves are being provided to the
workers. In addition, disposable trays commonly used for people with
Iowa City Human Rights Commission
March 29, 1999- 7:00 p.m.
Page 7
communicable diseases are now used only for prisoners and people who
are considered suicidal. She reported that it is quite traumatic for workers
who were trained to use precautions.
Nelson-Kuhn said that she knew some of the history of this. She said that
there was one person in charge of training on preventing cross-
contamination, encouraging sterilization, etc. However, during the layoffs,
the position was cut. The policies are no longer in place.
Thomopulos said that perhaps lack of understanding of the changes in
policies are leading to misconceptions and someone needs to explain the
changes to the workers. Larew said that has been suggested; however,
until that happens the workers are viewing this as a life and death
situation. Nelson-Kuhn added that this appears to be a class issue.
Major stated later in the meeting that he believes the reason the UIHC is
no longer using some of the procedures is because most viruses die much
quicker than was once thought.
Nelson-Kuhn said that last month she reported the concerns surrounding
the policy changes for people who ride SEATS. She said that
Lisa Dewey, the new director of SEATS, did not show up for the meeting
scheduled for March I to discuss the new no-show policy. However, the
meeting was well attended and the person who attended in Dewey's place
assured the crowd that the changes would not be implemented.
Nelson-Kuhn said that Dewey then changed her mind and said there
would be 30 days for public comment on the no-show policy. Two
additional meetings were scheduled; however, Dewey did not attend.
Nelson-Kuhn said that the people in the disability community are
concerned that Dewey will write a policy and not take public comment.
Warren said that Traevena Potter-Hall, the wife of former commission
member Dereck Hall, has just been appointed by Governor Viisack to be
the director of the Commission on the status of African-Americans for the
state of Iowa. Simmons-Welburn said that it will be nice to have a friend in
that office and that Potter-Hall has been very active with the University
since she came to Iowa. Warren also said that she wanted to make sure
everyone knew that Dave Leshtz has been appointed to the Iowa Civil
Rights Commission.
Warren also mentioned an event that was to be held the next day called
"Celebration of Excellence and Achievement Among Women" at the Iowa
Memorial Union. She said that there would be an awards ceremony and
all commissioners were invited to attend.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 8
Thomopulos commented that the Commission's Discrimination Law Public
Forum was very informative. Shank noted that the forum was not well
attended because a large invitation-only event was held at Hancher
Auditorium the same night. Martin asked how the Commission might
reach more people because the handout from the forum could be quite
useful. Shank said that Julie Pulkrabek is already involved with the
Chamber of Commerce's Human Resources Committee. Simmons-
Welbum suggested that they also contact the University's Human
Resources group. She said that perhaps the Commission could work with
other groups to have meetings that are educational. Warren suggested
that they could perhaps invite people from commissions in other cities.
Laz Pittman, the human dghts investigator was introduced to the new
Commission members.
Major said he wanted to let everyone know that the viewing of "Yidl in the
Middle" on March 22 that-the Commission cosponsored went quite well.
Martin said she thought that approximately 65-70 people attended. Major
added that there was a wide range of people, no one left when the film
ended, and people asked questions.
Major also said that David Dukes was on "Meet the Press" because he is
running for Congress in Louisiana. Major said that his comments were
extremely racist.
Martin said that she has a copy of House File 171 that has been
introduced by 10 state representatives. It is the bill to add sexual
orientation to the state law. She said that they are hoping this will receive
more attention this time. Warren asked if the Commission should write a
letter of thanks to the state legislators that are supporting this.
Motion: Warren moved to send a letter to Dick Myers, Minnette Doderer,
and Mary Mascher on behalf of the Commission to thank them for their
support of the bill to add sexual orientation to the state law. Larew
seconded the motion. The motion was carried by a vote of 7-0.
Because there was not enough time to review the Discrimination
Complaint Process included in .the meeting packets, Martin requested that
the Commission review this item at the next monthly meeting.
Iowa City Human Rights Commission
March 29, 1999 - 7:00 p.m.
Page 9
Martin also asked if the next monthly meeting could be rescheduled to
April 19th because she will not be able to attend. Nelson-Kuhn said that
she would need to attend another meeting but could arrive late to the HRC
meeting. Simmons-Welburn noted that she will not be able to attend the
June meeting; however the meeting was not rescheduled because
another acceptable date could not be determined.
7. STATUS OF CASES:
Shank said that they have three new cases this week. Pittman said that
within the next 45-60 days she hopes to have 5 cases for the Commission
to review. She said that she has written one decision and will likely have
another decision wdtten this week. Shank said that she has two cases
that are almost complete.
Larew asked if there are any limits on the length of time a case could be
investigated. Shank said that there are not any time limits for the City;
however, once the case is in the hands of the Commission, the
Commission has 30 days to make a decision. Shank also stated that she
is hiring a transcriptionist to help speed up the process.
8. ADJOURNMENT:
Warren moved to adjoum the meeting. Simmons-Welbum seconded the
motion.
The meeting was adjourned at 8:45 p.m.
HRC032999,doc
MINUTES
IOWA CITY PUBLI~ LI :`% ~ BOARD OF TRUSTEES
REGULAR MEET~ ~:''''~'~ ........
THURSDAY, MARCH 25. 1999 - 5:00 PM
Members Prese!~t: '-'-:--ii~ Dellsperger, Stephen Greenleaf, Mary McMurray, Mark Martin, Lisa
· ~ker, Jesse Singerman, Anne Spencer, Jim Swaim,
Member. s Absent:
rese.t'."
CALL.TO ORDEe:
Winston Barclay
Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green,
Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols,
Terri Byers, ICPL staff member
President Singerman called the meeting to order at 5:00 pm
APPROVAL OF MINUTES:
It was noted that in the paragraph describing the discussion of closing the library during the
computer system transition, that Singerman suggested that it could be done without closing.
Also it was pointed out that rather than describing a consensus in favor of closing, that it was
a majority. Minutes of February 25 were approved as corrected, Greenleaf/Swaim
UNFINISHED BUSINFSS
A. Planning Calendar revised
Board reviewed the new planning calendar with four dates; two large blocks of time and two
evenings. A bulk mailing was sent out this week recruiting volunteers for the committee. Craig
explained that we could have a maximum of four Board members without it being an open
meeting of the Board. Singerman asked for volunteers from the Board. Dellsperger and Martin
volunteered. Singerman will check her calendar and Craig will check with Barclay.
NEW BUSINESS
A. Approve AFSCME contract for FY00-01
Byers, the bargaining unit representative for the library, described the bargaining process. She
will remain the union representative for the library. A question came up regarding #9 in the
agreement which talked about Compensation after Transfer. Byers explained that it was a
result of a recent reorganization in a City Department where employees were laid off resulting
in other employees being bumped from jobs. Parker/Martin moved to approve the contract.
It was approved unanimously.
B. Internet Policy
The need to modify this policy came about as the library began to plan the arrangement of the
new computers. At one time we had different networks and different access. We have moved
ICPL BOARD OF TRUSTEES
MARCH 25, 1999
PAGE 2
into an era where, with the new catalog, we have the capability, for almost any combination
of resources we choose to be available on a single machine. After several meetings of staff,
a recommendation was made to retain some "catalog only" areas by the Information Desk but
other computers will have other options. On-line databases and Internet access can be placed
on all machines. It became apparent that the current Internet policy would have to be revisited
and after much internal discussion,the current recommendation comes to the Board.
Currently World Wide Web access is available only at the six stations in the Web Corral and
with multimedia at two computers in the Children's Room. The proposal is to provide WWW
access at the computers on the tables behind the Information Desk, which we refer to as
Refnet. It brings that access into a public area of the library and the concern regards images
and what could be brought up on the screen that some library patrons may find offensive.
The proposed policy changes provide for staff to ask someone viewing images that would be
disturbing to others to move to the more private web access station's in the back. Martin
questioned the "tap on the back" approach to ensure a secure and comfortable environment
at the library.' He is concerned about staff making the judgement call on which is, or is not,
sufficiently disruptive to merit interruption. Craig responded that is the same type of judgement
used to deal with other problems that come up in the library that are offensive for the other
patrons and that staff would deal with it similarly. Greenleaf asked how much usage the Web
Corral got. Use has increased or stays level every month. We will be adding at least 12 more
terminals that will have access to the Web as well as other sites. The new configuration will
allow more teaching moments and patron/staff interaction without interrupting others. Spencer
asked if we would be able to continue clearing the screens in the newer areas. None of those
will be cleared except for in the corral because people will not be logged in and out. The
expectation is that clearing screens will not be necessary with this policy. We also will not
have people sign in and out. Swaim suggested that he is not comfortable starting out the
policy with the statement that full access to WWW sites is available if'it is not. He also sees
the need to somehow protect patrons. A question was.asked about the absence in the policy
of more specific language concerning staff identifying images to limit. Craig responded that
she viewed it as a procedural issue that is similar to determining when too much noise merits
staff issuing a warning. She made a comparison to R rated movies which may only be viewed
in certain parts of the library.
Discussion moved to children. Since the staff cannot and do not chapcrone children it places
them in a difficult position in terms of having to make a decision to ask someone to switch
sites. Craig stated that staff is placed in that position every day. Swaim noted that behavior
is different than an image that is on the computer. Parker expressed an opinion that Web-
based technology is something that will affect our lives totally. People need to get used to it
and begin to learn what is appropriate where. Craig explained that signs using policy language
will be placed at machines in open public areas. In response to a question regarding the quantity
of WWW machines available, Nichols responded that with the types of resources that we have
like Encyclopedia Britannica, access to the Web is provided. It would be difficult to restrict
Web access and still offer these resources. As a staff it was decided that we should offer it.
Our new catalog will also have links to the Web which we cannot limit. Having more accessible
information is the reason to have it available on more computers. McMurray thinks that the
compromise is worth trying.
ICPL BOARD OF TRUSTEES
MARCH 25, 1999
PAGE 3
Staff member Green spoke of her fear that the neutrality of the library is in jeopardy. Placing
staff in the position of monitoring what appears on someone's screen challenges our neutrality
in a way that is not comfortable. Greenleaf expressed his concern that this is a public image
and therefore could be an intrusion into his access to the library. Swaim' said that there is an
amount of control over the collection because it is all selected for purchase but with Internet
access there is no control.
In response to a question regarding providing private workstations, Nichols responded that the
cost of providing privacy in the World Wide Web Corral for six stations was about ~ 12,000.
Craig reminded Board that this would also mean staff need to be available to clear off the
screen. The corral has an entrance which further offers privacy. Martin cannot support the
role of librarians having to make some determination quickly about intervening with what' a user
is choosing to look at. Swaim questioned the other deletions in the policy and Craig explained
that these are all covered in Conduct, Theft, Copyright policies. Singerman brought the
discussion to a close. She asked for a motion to approve the policy. McMurray/Parker moved
and seconded. There was no further discussion. Votes in favor of approving the policy came
from McMurray, Dellsperger, Singerman, Parker, Greenleaf. Those opposed were Martin and
Swaim with an abstention from Spencer. Motion carried. Craig expressed her appreciation of
the time taken with this controversial policy and understands this may have to revisited again
and again. Libraries around the country are struggling with these issues.
Swaim and Martin asked that the staff report to the Board regularly about any consequences
of this policy.
C. Absence policy proposed by City Council
City Council has requested feedback on a proposed policy regarding absences of Board and
Commission members. Greenleaf made a motion to respond to Council that we have a policy
in this regard that we are happy with and believe that other Boards and Commissions regulate
attendance according to their own policy Martin seconded. Unanimous
STAFF REPORTS
A. Library participates in "Safe Place" program
Safe Place is a new program in Iowa City. Participants put a sign in their window that indicates
people in trouble, primarily teenagers, can come and ask for assistance and a counselor will be
called.The staff made the decision to participate in this program. It was discussed about one
year ago and at that time there was some concern regarding the level of involvement of staff
members. Once we understood the designated role, the staff felt more comfortable. Parker
asked about the level of problems we have with unattended children. Green replied that there
are not many problems. The type of problem we might encounter as a participant in this
program is more likely to involve a teenager who gets into trouble on the Pedestrian Mall.
B. Read! Learn! Connect! ~icpl.org - includes special Board training time of 4:30 on 4/22
ICPL BOARD OF TRUSTEES
MARCH 25, 1999
PAGE 4
Using the National Library week theme of Read! Learn! Connect! At the library, we are planning
posters, mousepads, magnets for the new receipt printers. This promotional period will start
4/22 and run through the end of May. Also planned are many training opportunities. A training
time of 4:30 just prior to the next Board meeting has been set up for trustees. This is the day
we come up and Board members will receive the first lesson. May 16 will be an Open House
Day featuring lessons, information on all our new technology with an emphasis on balancing
out technology with reading.
C. Pay for Print
It is up and running in the Netscape Corral. People are buying cards and using them. Machines
at the new Refnet will have printers and pay for print cards.
D. Development Office Report
The Spelling Bee has been rescheduled to May 4 at 7:00 pm. It will take place in our Library
and will be televised. Martin asked about a final figure for the Titanic. Eckholt had to leave
for another meeting and so that information was not readily available.(Note: the final figures
provide for a 99,000 gift to the library)
E. Letter to Slockett
Sales Tax vote March 30
Newspaper articles
Special event for Trustees - See it in our ICN Room
A program for trustees given by the Executive Director of American Library Association.
April is National Poetry month. Logsden talked about the events of the month including the
kickoff which will be the 'reading of an award-winning poem written about the WooIf Ave.
bridge. Many events are planned for the month. The theme is Poetry in Motion. Poems will
eventually be placed in the buses. On the day of the Open House, a bus will be parked here
at ICPL with special events taking place inside.
PRFSIDENT'S REPORT
Singerman asked Board whether or not they would want to wait for the next Board meeting or
meet earlier to discuss the next steps in the building project. There was agreement that we
meet earlier than one month to discuss the outcome of the vote. A meeting was set for April
7 at 5:00 pro.
Appoint committee to evaluate the director. Greenleaf, Parker, Dellsperger will serve on the
committee..
ICPL BOARD OF TRUSTEES
MARCH 25, 1999
PAGE 5
COMMITTEE REPORTS
Nominating Committee is in process.
COMMUNICATIONS
Letter from Steinbrech. Included letter because the salutation read Directors.
answered from the library.
DISBURSFMFNTS
Review VISA expenditures for February, 1999.
Approve disbursements for February, 1999
Parker/Martin moved approval. It was approved unanimously.
SET AGFNDA ORDFR FOR APRIl MFETING
Special meeting for April 7.
Status of building project after sales tax vote.
Elect officers
Review channel and programming policies
ADJOURNMENT:
Motion for adjournment. Dellsperger. at 6:25 pm
Lauritzen
MINUTES
PLANNING AND ZONING COMMISSION
CIVIC CENTER COUNCIL CHAMBERS
APRIL 1, 1999 - 7:30 P.M.
PRELIMINARY
Subject to Approval
MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Marilyn Schintler, Dean
Shannon, Lea Supple
MEMBERS ABSENT: Dick Gibson
STAFF PRESENT:
Scott Kugler, Bob Miklo, Dennis Mitchell, Anne Schulte
OTHERS PRESENT:
Larry Schnittjer, Larry Mazzotta, Peter Fisher, Robert Wolf, Keith
Carter, Merlin Lawrence
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 5-1 with Bovbjerg voting no, of ANN99-0002/REZ99-
0004., an annexation of approximately 10.30 acres of property located on the east side of Scott
Boulevard at Washington Street, to rezone 14.91 acres from Medium Density Single-Family
Residential (RS-8), Low Density Multi-Family Residential (RM-12) and County Suburban
Residential (RS), to Planned Development Housing Oveday (OPDH-8; 8.36 acres), Low Density
Single-Family Residential (RS-5; 5.43 acres), and Low Density Multi-Family Residential (RM-12;
1.12 acres), a request for a preliminary plat of Scott Boulevard East, Part Three, a three-lot,
9.46 acre residential subdivision, and a preliminary OPDH plan to allow 72 dwelling units on an
8.16 acre parcel located at the northeast corner of Scott Boulevard and Washington Street
extended, subject to the following conditions: an easement for a trail/pedestrian access between
Scott Park Drive/Hummingbird Lane and vacant property to the east, a tree protection plan for
the land on the southeast corner of the property, and subject to a landscaping plan to be
approved by staff for the west side of the building.
Recommended approval, by a vote of 6-0, of SUB99-0005, a preliminary and final plat and
preliminary OPDH-12 plan of Silvercrest Residential Community, a 20.87-acre, five-lot
residential subdivision including 68 assisted living units, 120 independent living units, a 40-bed
medical rehabilitation facility and a 9,000 square foot medical office building located at the
southeast quadrant of Scott Boulevard and American Legion Road subject to staff approval of
construction drawings and legal papers prior to City Council consideration.
Recommended approval, by a vote of 6o0, of an amendment to Zoning Chapter subsection 14-
6N-IJ2t pertaining to parking requirements for restaurants as outlined in the March 22, 1999
memorandum to the Iowa City Planning and Zoning Commission.
CALLTO ORDER:
Chairperson Supple called the meeting to order at 7:36 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARD AND COMMISSIONS:
Supple said that serving on a board or commission is valuable to the citizen as well as the City
and encouraged those at the meeting to consider applying for a vacancy.
Planning and Zoning Commission Minutes
April 1, 1999
Page 2
ANNEXATION/REZONING ITEM:
ANN99-00021REZ99-0004. Public discussion of an application submitted by Bruce Glasgow for
an annexation of approximately 10.30 acres of property located on the east side of Scott
Boulevard at Washington Street, to rezone 14.91 acres from Medium Density Single-Family
Residential (RS-8), Low Density Multi-Family Residential (RM-12) and County Suburban
Residential (RS), to Planned Development Housing Overlay (OPDH-8; 8.36 acres), Low Density
Single-Family Residential (RS-5; 5.43 acres), and Low Density Multi-Family Residential (RM-12;
1.12 acres), a request for a preliminary plat of Scott Boulevard East, Part Three, a three-lot,
9.46 acre residential subdivision, and a preliminary OPDH plan to allow 72 dwelling units on an
8.16 acre parcel located at the northeast corner of Scott Boulevard and Washington Street
extended. Kugler said this item was deferred from the last meeting to allow additional public
input. He said that revised building elevations have since been submitted by the applicant.
Kugler said one item of concern was the extension of a connecting street from Scott Park
Drive/Hummingbird Lane to the east to future development property. He said as a result of
looking at the policies of the Comprehensive Plan and the draft Northeast Distdct Plan regarding
interconnected streets and providing connectivity within neighborhoods, staff is recommending a
street be extended between Scott Park Drive and the property to the east. Given the
development that has already occurred at the north end of Hummingbird Lane as well as at the
south end of Scott Park Drive, Kugler said there are limited opportunities to provide that
connecting street.
Kugler showed an overhead of the draft Northeast District Plan demonstrating a connecting
street on a vacant, wooded lot. He stated that the applicant has recently provided staff with
information regarding the extent of the wooded area as well as the slopes and grading. Kugler
said this appears to be a situation where the policies in the Comprehensive Plan conflict, i.e.,
providing an integrated street system versus a substantial intrusion into a wooded, sloped area.
He said at this point, staff is still recommending as part of this rezoning and annexation, that the
ability to obtain a right-of-way across the annexation property when the property is subdivided
be a condition of the rezoning. Kugler said staff would be willing to look at this more closely in
terms of number of trees lost, and perhaps there is still a way, through the reduction of
infrastructure standards, to get a roadway through there while minimizing any degradation to the
environment that might occur. He said staff recommends the inclusion of that condition should
the Commission make its decision, but if the Commission wants staff to look at this more
closely, a deferral might be in order for staff to examine this issue more closely.
Kugler showed a concept plan submitted earlier in the day to address concerns raised by the
residents along Hummingbird Lane about its potential use as a cut-through route. He said the
applicant submitted the plan to address that; it would basically result in Scott Park Drive curving
over and intercepting with Scott Boulevard, and Hummingbird Lane teeing into that roadway,
which would help minimize the amount of traffic using that lane in order to avoid the intersection
at Court Street and Scott Boulevard. Kugler said the applicant has indicated that when the
subdivision of that area is brought in, he may revise that plan to incorporate the tee road design,
rather than the straight Scott Park Drive/Hummingbird design. Kugler stated that the roadway
changes would be outside of the subdivision area and would not affect this plat. He said they
would be part of the next platting if that area is annexed and brought into the City.
Chait asked if the reason that those lots are included in the annexation is because of a policy
that a landowner annexing this much land is required to annex all contiguous land that he owns.
Kugler said the Commission has been critical in the past of incremental annexations. He said he
believed this represented all of the property that the applicant owns here that is not already in
Planning and Zoning Commission Minutes
April 1, 1999
Page 3
the City. Chait asked if not including that in the annexation would be an option that would in
some way serve this process. Kugler said it would postpone the decision on locating a street
there. He said the property would have to be annexed; however there is a lot there that could be
built upon in the County once a street is there, although it would not be able to tie into the City's
sewer and water system. Kugler said that conceivably the applicant could construct a home
there and block the ability for the City to get a readway through.
Ehrhardt asked if it would still be possible to put in a road to the east with the new tee
alignment. Kugler said staff would have to ensure there was enough property here to have a
125-foot offset between the two roadways. He said staff has not yet looked at the concept plan
in detail, but it looks like there would be enough property to get in a roadway that would meet
the separation distance standard.
Public discussion:
Larry Schnittier. 1917 South Gilbert Street. MMS Consultants, said he met with the landowner
several times in the previous week as well as three of the neighbors of this site at one time or
another. Schnittjer said the concept plan addresses the concerns of the neighbors regarding the
street alignment.
Schnittjer said one point of contention is the condition in the Conditional Zoning Agreement
(CZA) regarding extending the street to the east. He said he met with Keith Carter and Scott
Kugler the day before to show drawings of two locations where the street would be possible,
although none of the parties want it there. Schnittjer said the first possibility is the common lot
line easement, which Glasgow would marginally agree to, but Carter would not. He said this
plan would call for the clearing of at least a 150-foot strip for grading purposes. Schnittjer said
the resulting street would be at least at a 10% grade. He said there are large oak and hickory
trees on the property and many cherry trees of ten to twelve inches in diameter.
Schnittjer said the other possible alignment would be adjacent to Diane Boyd's house. He said
the street would result in the removal of many trees including oaks, hickory and cherry trees and
would also be at a 10% grade. Schnittjer said that Glasgow will not go along with the southerly
street alignment. He said there is no incentive; Glasgow has owned the property for 37 years
and done everything he can to save the trees there for that long and doesn't want to waste them
now.
Supple asked if there were any possibility farther south for an easterly connection. Schnittjer
replied that there is an easterly connection one block north of Court Street. He said it is obvious
that a street should not go through the wooded area.
Ehrhardt asked what the distance is from Court Street to the north end of the proposed
development. Kugler said it is about one-half mile from Court Street to Lower West Branch
Road, so the distance would be slightly less than that.
Larry Mazzotta. 1650 Famam Street. Omaha. Nebraska, said he had input from both staff and
Chait regarding design elements for the building. He said he had incorporated those elements
into the building and showed a new rendering reflecting the changes. He said the color change
on the rendering did not show up very well, but the colors used on the different sections would
help define them and break the building up even more.
Mazzotta said he has changed the material for the non-brick surfaces to hardi-plank, changed
the roofline a fair amount so that it is more broken up, and added the gable area over the
garages. He said that the back would be identical to the front in terms of materials, colors, and
Planning and Zoning Commission Minutes
April 1, 1999
Page 4
design, except that there is no drive in the back, no porte-cochere on the front, and the windows
in the middle section are different on the back. Mazzotta said the windows are different in the
back because the elevators are located back there. Ehrhardt asked if the colors would stand out
more on the actual building. Mazzotta said he thought they would stand out more, but he could
make them demonstrably different.
Peter Fisher, 3722 Hummingbird Lane, said his property is the northernmost of the five existing
homes on Hummingbird that face the property in this application. He said there have been
several neighborhood meetings discussing these proposals. Fisher said the neighbors were
taken aback by the initial proposals, specifically by the scale, the number of units, and the
number of stories. He said that initially the buildings were pretty plain in addition to being very
imposing. Fisher commended staff, the Commission, and the developer for working toward a far
more attractive design than the original one. He said he believed that at this point the neighbors
on Hummingbird don't plan to raise objections to the rezoning, annexation, or apartment project
itself.
Fisher said neighbors' concerns center on things that are not directly part of this application, but
this should be looked at as part of a piece. He said the neighbors' support for this proposal as it
stands is based on the assumption that what occurs on the RS-5 strip across the street from
them will actually look very much like what is shown in the plan as a concept for development of
that property. Fisher said staff has addressed the issue of the transition from high-density
apartment buildings to very large lot, single-family development, which is exemplified by the
existing homes. He said the transition in this case occurs just through that one stdp of RS-5.
Fisher said neighbors would like some assurance that when that plat comes to the City, that it
will in fact be with lots that are no smaller than what is contemplated. He said the developer has
assured the neighbors that he does not want lots any smaller than that; he believed they were
about 83 feet wide, a little more than half of the average width of the lots on which the existing
homes are located. Fisher said the plan looks okay, provided the transition from the existing
properties to the large buildings will be as presented.
Fisher said the other issue is the through street, making Hummingbird into a connection
between Lower West Branch Road and Scott Boulevard. He said traffic coming from the east
would save a fair amount of time by cutting down Hummingbird Lane over to Court Street.
Fisher said he would really like to see a Y intersection and anything that breaks up the
advantage to using Hummingbird as a cut-through. He said the other advantage to the
neighbors is that it makes it possible for the street name to remain Hummingbird Lane.
Regarding the wooded area, Fisher said that in the whole section from Scott Boulevard over to
the City limits, there is not much wooded land in the entire area except for the two lots from
Carter's house to Boyd's house. Fisher said that in fact, the Northeast District Plan actually calls
for some of that property to eventually be parkland. He urged the Commission to consider
retaining those large trees and the wooded lot and not forcing a read through there that is really
not that far from Court Street, which is the artedal designed to carry that kind of traffic.
Robert Wolf, 3732 Hummingbird Lane, said there have been a number of meetings regarding
this issue, and neighbors have spoken with Glasgow and Boyd about developing this area. He
said he did not see on the drawing a cul-de-sac that neighbors were promised at about the
location of Fisher's house. Wolf said it appears that will not happen now.
Wolf said he is concerned about the traffic because Hummingbird would be perceived as a
shortcut. He said he is very much in favor of the radius. with Hummingbird Lane coming down
on an angle, as opposed to a straight-through street. Wolf said there are four players in this: the
Planning and Zoning Commission Minutes
April 1, 1999
Page 5
City, the developer, the property owner, and the neighbors. He said he thought the neighbors
should have their input and ought to get a few of the things that they need.
Bovbjerg asked what kind of cul-de-sac the neighbors were expecting at this location. Schnittjer
said that three or four years ago, he met with staff to discuss some of these issues, and at that
point in time, staff suggested a cul-de-sac at the end of this zoning area as illustrated on the
map. Schnittjer said the last time he met with staff, staff indicated that they want the street to go
through, so that is what is illustrated on the current drawings. He said he thought there were two
parcels that would have access to the strip going out to Lower West Branch Road, with the strip
being an existing private ddve. Kugler said he was not aware of the discussions that took place
years ago. He said the thinking here goes back to the Comprehensive Plan policies of not
creating isolated residential areas, but rather creating' inter-connected neighborhoods. Kugler
said it becomes much more difficult to get around in neighborhoods, when there are cul-de-sacs
or dead end streets abutting each other. He said this results in poor circulation and difficulty and
expense in providing municipal services to those neighborhoods. He said staff is not convinced
that Hummingbird Lane will be a severe cut-through route, particularly if the street system is
modified as proposed in the concept plan. Kugler said staff continues to recommend that
Hummingbird Lane be a through street. Miklo said that streets like Lower West Branch Road
and Amhurst Street are in similar situations, and those are not areas experiencing problems
with cut-through traffic. He added that in this particular case, the Fire Marshal has said he would
like to see the connection.
Shannon said that Hummingbird is so close to Scott Boulevard, and he asked what would
happen if a future street just to the east of Hummingbird were proposed where there is bare
ground right now. Kugler said staff is not necessarily looking to create another through route
here. He said that Scott Boulevard is intended to carry through traffic; the street system is
intended to carry traffic from the neighborhood out to the surrounding arterial street system and
on to their destinations. Kugler said he does not see it as an issue of blocking one off because
another one can be created; it is simply that providing multiple connections throughout all of
these areas will provide better circulation in the neighborhood and allow for more efficient
service delivery.
Keith Carter, 3740 Hummingbird Lane, said Commission members should go look at the area
under discussion. He said he could appreciate the theory behind having interconnected
neighborhoods. Carter said there is one segment of land in the whole area that is wooded. He
said the character of that land going all the way down to the new development south of his land
is all the same; the lots are mirror images of that area and are all wooded. Carter said it is a
unique area. He said he opposes a street just to connect his neighborhood with the
neighborhood to the east when that can be done to the south and accomplish the same thing
with a road that already exists. Carter said that would be much better as far as preserving the
natural beauty of that area. He said we can accomplish what the City wants in another way.
Carter said he would like to get a sense of what the Commission wants to do. He said this does
not have a lot to do with the development to the west, but because the property is being
annexed and the Commission has to make a decision, he wanted to get a feel for which way the
Commission is leaning.
Regarding Fisher's comments about the lot sizes in the RS-5 zone, Ehrhardt said no one can
guarantee the lots will be 80 feet wide or more; only the RS-5 width can be guaranteed. Kugler
said the minimum width of an RS-5 lot is 60 feet with 8,000 square feet required as the
minimum lot area. He said he did not know if that could be addressed through a condition
attached to a zoning - that the development of that area be tied to the concept plan associated
with the rezoning. Mitchell said he had some question about whether that could be done. He
said he could do more research and report back.
Planning and Zoning Commission Minutes
April 1, 1999
Page 6
Chait said he thought the concern is more that this is RS-5 and not something more dense and
that it does provide the transition from the large lots to the smaller lots to the multi-family. Fisher
said his concern was that the lots be larger than the RS-5 minimum lot size. Ehrhardt said the
largest minimum lot size in the City is for the RS-5 zone. Supple asked, assuming this is
approved and the property is annexed as RS-5, if notices then go out to the neighbors when the
subdivision is applied for. Kugler said the neighbors would be notified. Supple said at that point,
the neighbors would be notified and would have an opportunity to protest any great change from
the concept to what is actually proposed. Miklo said it might be possible to put a condition on
the annexation and rezoning if the applicant agrees to it, that the plan will generally conform to
the concept plan submitted with this application.
Schnittjer said Glasgow has told him that if this project is approved with the application relieved
of the connecting street to the east, he fully intends to proceed with the rest of the subdivision.
He said that none of the studies done on this piece of ground, and there have been a lot of
them, have ever shown less than 80 foot lots across the street. Schnittjer said the intent is to
proceed with the subdivision of the rest of this property almost immediately if this project is
approved. He said Glasgow has also told him that he will never agree to the condition of the
easement for a connecting street to the east.
Public discussion closed.
MOTION: Bovbjerg moved to recommend approval of ANN99-0002/REZ99-0004, an
annexation of approximately 10.30 acres of property located on the east side of Scott
Boulevard at Washington Street, to rezone 14.91 acres from Medium Density Single-
Family Residential (RS-8), Low Density Multi-Family Residential (RM-12) and County
Suburban Residential (R$), to Planned Development Housing Overlay (OPDH-8; 8.36
acres), Low Density Single-Family Residential (RS-5; 5.43 acres), and Low Density Multi-
Family Residential (RM-12; 1.12 acres), a request for a preliminary plat of Scott Boulevard
East, Part Three, a three-lot, 9.46 acre residential subdivision, and a preliminary OPDH
plan to allow 72 dwelling units on an 8.16 acre parcel located at the northeast corner of
Scott Boulevard and Washington Street extended, subject to a Conditional Zoning
Agreement requiring the dedication of a 50-foot wide right-of-way within the proposed
RS-5 zone east of Scott Park Drive/Hummingbird Lane to provide access to the property
to the east when the RS-5 area is proposed to be developed. Chait seconded the motion.
Bovbjerg said she cannot support the annexation from what she has seen and heard and read
because of all of the questions regarding the roads. She agreed that she does not want to see a
road going through hills and woods and did not know whether a road was needed going through
to the east side. Bovbjerg said that is a big question, and she would not be comfortable not
putting that in as a condition. She said in the case of the annexation, she would want something
firmer on what the roads could potentially be and what the zoning would be if the zoning along
Hummingbird Lane is extended.
Bovbjerg said she was concerned about the rezoning because of the Lot 68 Planned Housing
Development (PDH). She said planned development is supposed to be a modification of
standard development that takes into account traffic patterns, street patterns, living patterns and
topography. Bovbjerg said this looks like using a planned development allowance to put up two
big apartment buildings, which ordinarily would not be allowed in among RS zoning. She said
that bothers her. Bovbjerg said these apartment houses could go somewhere where the
topography and traffic would take them better and where the neighboring zones are not for
large-lot single houses. She said the planned development doesn't fit here, and she does not
think it should go in this form on that property.
Planning and Zoning Commission Minutes
April 1, 1999
Page 7
Chait said he was adamant at the Monday night meeting about the fact that if staff
recommended the possibility of a read through the annexed property that the Commission
should hold that opinion. He said that based on further review and the information presented, he
now had a different opinion. Chait said he was more comfortable that geographically, that mad
is not something that should be there. He said that through the Northeast District Plan process,
the Commission has done a lot of work laying out the whole quadrant based on the geography,
and it is not inconsistent with that to avoid having a road going to the east at that particular
location.
Chait said he liked the fact that there is a consensus in terms of having some acceptance by the
neighbors and some movement by the builder. He said he likes the proposal on the Y
intersection for Hummingbird Lane. Chait said the concems have been addressed, and he
believes this is an acceptable use of this property in that it has a diversity of housing types and
some mixed use. He said land has to be zoned when it comes into the City, and the land on the
west side of Hummingbird will be zoned RS-5, which is what it will stay unless the Commission
changes that. Chait said he is comfortable with where this project is and said he would vote for it
if the condition of the road going to be east were removed from the project.
Schintler said she also did not want to see a road go through here. She said Schnittjer has
demonstrated that the topography of that land with the trees and slopes would be inconsistent
with putting a road through there. As far as the building is concerned, Schintler said she would
like to have a guarantee that the developer will use the materials that have been discussed.
Ehrhardt said she was inclined to defer or deny this application, as she had a real problem with
the road issue. She said that if this were deferred, staff could do further evaluation of whether a
road would be appropriate through here or not. Kugler agreed and said staff has not yet had
time to look at the information submitted by Schnittjer. Ehrhardt said she was not prepared to
accept this without more specifics about the road. She said she appreciated the improvements
to the buildings, but said there is still an emphasis on the front. Ehrhardt said there are no trees
or planrings in the back to break up the mass, as there are in the front. She added that would
not be her reason for voting for denial; she is still concerned about the road.
Shannon said he really likes the project, especially since it has been redrawn. He said he liked
the project when it was proposed for a location near the dver, and the new proposal definitely
does not have a flood plain problem. Shannon said that his only problem with this was the road,
and if that could be resolved, he thought everyone would like this.
Chait said he was comfortable without having a road there and that not having a road there is
consistent with the Comprehensive Plan. He said he believed the project should be approved.
Chait said he would like to see the building have the two different colors on the hardi-plank be
more accentuated. With regard to Hummingbird Lane and the cul-de-sac, he said he would like
to see the street continue on through and did not feel it would become a shortcut. Chait said he
did not think the vote on this application should be deferred.
Kugler said one purpose of providing this kind of connectivity is to allow not only vehicles but
also bicyclists and pedestrians and all modes of transportation to get to destinations within the
neighborhood without always having to use the arterial streets. He pointed out that Lemme
School is to the west of this location, and if the Commission is considering approving this
without the roadway connection, the Commission may want to consider at least a pedestrian
connection to allow children who will live out here to get to the school without having to go well
out of their way. Kugler said a trail on the property would make it much easier, at least for
pedestrian circulation in the neighborhood. He said the recommendation could be for a trail to
Planning and Zoning Commission Minutes
April 1. 1999
Page 8
be provided to meet neighborhood open space requirements for the property or a trail could be
considered as part of the infrastructure for that subdivision.
Miklo said that if the Commission's reason for not requiring a mad, is to save the trees, then
they may also want to consider a requirement for a tree protection plan, because even if the
road does not go through, there will be .development of the lots there, and there is no guarantee
those trees would be s~ived.
Supple said she was also concerned about an east-west connection in this area. She said she
was not terribly fond of the development, but was not terribly disappointed in it either. Supple
stated that she would like to see some landscaping on the west side of the building. Regarding
the street issue, she said she thought she could live without the east-west connection and would
be willing to vote for this application without that condition.
AMENDMENT TO THE MAIN MOTION: Chait amended the main motion to remove the
condition requiring the dedication of a 50-foot wide right-of-way within the proposed RS-
5 zone east of Scott Park Drive/Hummingbird Lane to provide access to the property to
the east when the RS-5 area is proposed to be developed and to add conditions requiring
an easement for a trail/pedestrian access between Scott Park Drive/Hummingbird Lane
and vacant property to the east, requiring a tree protection plan for the land on the
southeast corner of the property, and requiring that this be subject to a landscaping plan
to be approved by staff for the west side of the building. Shannon seconded the
amendment.
Schnittjer said he would have no problem with a landscaping plan for the west side of the
building or with a tree protection plan, because that is part of the standard requirements for
bringing that subdivision in. Chait asked Schnittjer if he had an objection to the condition for the
pedestrian easement. Schnittjer said he would rather not see that because there is all that
opportunity with the preliminary and final plats for that development. He said these discussions
are carried forth every time a project in this area is reviewed, and so he did not see the
necessity for this condition, but if the Commission feels more comfortable with it, that would be
acceptable.
Kugler stated that the City has much more leverage on these types of things if they are handled
at the time of rezoning and are included in the Conditional Zoning Agreement. Supple asked if
that land would fall under the Sensitive Areas Ordinance. Schnittjer said that it would because of
the trees on the property. Ehrhardt asked if the property contained enough acres for it to fall
under the SAO. Kugler was not sure of the size of the wooded area.
Chair asked if Glasgow would go along with the pedestrian easement. Schnittjer said that was
his only hesitation; Glasgow has said he does not want an easement there so that he would
rather see this required at the time of the preliminary plat. Miklo said it can be difficult to require
such a condition at the time of the preliminary plat and that the Commission has the leverage to
do this with an annexation. He said there is some nexus there in that the reason for the
easement is to connect this neighborhood with the school to the west and the neighborhood to
the east. He stated that in looking at just plat issues, it could be difficult; the property may be
sold to someone else who is not aware of these verbal discussions. Miklo said staff feels there
should be a CZA specifying a pedestrian easement.
Chait said he feels the easement is a reasonable response and consideration of Glasgow's
resistance to taking down trees and regrading. Schnittjer said his feeling was that Glasgow
would not have a problem with this, but it has never been discussed and he felt uncomfortable
Planning and Zoning Commission Minutes
April 1, 1999
Page 9
committing him to it. He said if the Commission makes that recommendation and Glasgow has a
problem with it, it can still be dealt with at the City Council level.
Schintler asked if a path would disturb the slopes or trees. Schnittjer said he did not have an
exact location on all of the trees, but said that a straightline eight-foot path would disturb some
trees. He said he would not want the path to be too curved, but he thought there should be a
way for a path to come through there while avoiding those major oak trees.
Schnittjer said he did not have authorization to ask for a waiver of the limitation period for this
application. Kugler said that without a waiver, if the Commission does not vote on this item, it
would automatically go to the City Council with a recommendation of approval and without
conditions, although the minutes would reflect the Commission's discussion on this item.
The amendment to the main motion carried on a vote of 6-0.
The main motion carried on a vote of 5-1, with Bovbjercj voting no.
DEVELOPMENT ITEM:
SUB99-0005. Public discussion of an application submitted by Dial Companies for a preliminary
.and final plat and preliminary OPDH-12 plan of Silvercrest Residential Community, a 20.87-
acre, 5-lot residential subdivision including 68 assisted living units, 120 independent living units,
a 40-bed medical rehabilitation facility and a 9,000 square foot medical office building located at
the southeast quadrant of Scott Boulevard and Amedcan Legion Road.
Miklo said this is an amendment to a Planned Development Housing Oveday (OPDH). He said
earlier this year, the City Council approved the annexation of portions of this property and the
rezoning of the entire property for a planned development that would allow a 68-unit assisted
living building for elderly residents, a 120-unit independent apartment building for elderly
residents, a 9,000 square foot medical office building, and a 60 bed rehabilitation center. Miklo
said a preliminary plat was also approved for this project.
Miklo stated that the applicant is now requesting an amended OPDH to allow some changes in
the rehabilitation center and the independent living apartment building. He said the previous
rehabilitation building was much larger and spider-shaped; the new building would be more
compact and would be built around a courtyard. Miklo said there would also be a reduction in
the number of units from 60 beds to 40.
Regarding the independent living facility, Miklo said the proposal is now for two buildings
connected by a walkway. He said the parking that previously was underneath the building is
now proposed for surface parking and at-grade garages on the site.
Miklo said there is a large area of open land that is designated for open space, storm water
detention and possible future de,~elopment, although staff has notified the applicant that there is
no guarantee that any vehicular access will be allowed onto Scott Boulevard. He said staff
would consider a curb cut there for limited density, but given that the previously approved curb
cut was only for a service drive, there is no guarantee that any access would be approved there.
Miklo said the revised plan addresses the deficiencies and discrepancies noted in the staff
report, particularly the parking. He said the parking on the site now conforms with the zoning
regulations. Miklo said staff has discussed with the applicant the option of seeking a special
exception to reduce the required parking for the assisted living development. He said that
Planning and Zoning Commission Minutes
April 1, 1999
Page 10
reducing the parking requirement would save a large area of paving and result in more open
space.
Miklo said the legal papers will need to be reviewed and approved by the City Attorney's Office
prior to approval. He stated that staff is recommending approval of this application, subject to
staff approval of construction drawings and legal papers prior to City Council consideration.
Miklo said staff has discussed screening the garages with the applicant, and the applicant has
said he will redesign the area overhanging the garages to make them less prominent, and the
applicant will be submitting those drawings for staff approval.
Public discussion:
Medin Lawrence, Omaha. Nebraska, said he represents the developer, Dial Land Development
of Omaha, Nebraska. He said the reason for redesigning the rehabilitation center was need
ddven, and the change was requested by the client. Lawrence said the independent living
facility would be done in two phases; he said the changes make the building more efficient and
more attractive.
Lawrence said the purpose of the changes was to improve the site plan, so he thought it was
worth the effort and trouble to make it a better plan than the original. Ehrhardt asked about the
need to redesign the rehabilitation center. Lawrence responded that the client's research has
shown that the originally proposed building would have been too large. Regarding the
independent living facility and its two phases, Lawrence said that with that large of a complex,
he would not build the second phase unless the first one filled up.
Ehrhardt asked if there were any thought of planting the outlot in prairie or natural landscaping
rather than mowed grass. Lawrence said a portion of the property was a storm water basin that
is required. Schnittjer said he was in error at the informal meeting; he said it will actually be a
wetbottom facility. Ehrhardt said there could still be natural landscaping instead of grass on the
area around that facility. Lawrence said he would look into the possibility.
Public discussion closed.
MOTION: Chait moved to recommend approval of SUB99-0005, a preliminary and final
plat and preliminary OPDH-12 plan of Silvercrest Residential Community, a 20.87-acre, 5-
lot residential subdivision including 68 assisted living units, 120 independent living
units, a 40-bed medical rehabilitation facility and a 9,000 square foot medical office
building located at the southeast quadrant of Scott Boulevard and American Legion
Road, subject to staff approval of construction drawings and legal papers prior to City
Council consideration. Shannon seconded the motion.
Ehrhardt asked Lawrence if he had spoken with representatives of the church on the
neighboring property. Lawrence replied that they held a neighborhood meeting at which church
representatives were present, although he has not spoken with church representatives recently
as they have not expressed any additional concerns. He said the church had asked about the
possibility of a walkway so that residents of the area could attend their services.
Bovbjerg said she liked this redesign. She said the rehabilitation facility is now more compact
and eftdent as well as much more geared to people interacting. Bovbjerg said she likes the two
phases and feels this is much improved over what the Commission saw before.
Planning and Zoning Commission Minutes
April 1, 1999
Page 11
Schintler said she also liked the buildings very much. She said the buildings were attractive, and
this was a good effort. Supple said this appears to be less land consumptive. She said it does
give an opportunity for a natural praide area to be established.
The motion carried on a vote of 6-0.
TFXT AMFNDMFNT ITFM:
Public discussion of an amendment to Zoning Chapter subsection 14-6N-IJ2t pertaining to
parking requirements for restaurants.
Miklo said staff has examined the current requirements and feels they exceed actual demand;
he said staff therefore recommends amendments to reduce the parking requirements for
carryout and drive-through restaurants.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to recommend approval of an amendment to Zoning Chapter
subsection 14-6N-IJ2t pertaining to parking requirements for restaurants as outlined in
the March 22, 1999 memorandum to the Iowa City Planning and Zoning Commission.
Schintler seconded the motion. The motion carried on a vote of 6-0.
CONSIDFRATION OF THF MARCH 18. 1999 PLANNING AND 7ONING COMMISSION
MFFTING MINUTFS:
MOTION: Ehrhardt moved to approve the minutes of the March 18, 1999 Planning and
Zoning Commission meeting as amended at the informal meeting. Chait seconded the
motion. The motion carried on a vote of 6-0.
PI ANNING AND 7ONING COMMISSION INFORMATION:'
With regard to possible shielding on the tennis court lights at City High School, Shannon said he
visited the site and although he is not an expert, he does not think shields will do any good.
Miklo said the lights are on until 10 p.m. from April to October.
Miklo said the City Council has discussed the Northeast District Plan. He stated that the Home
Builders Association and the Chamber of Commerce have raised concems about the Plan. He
said he thinks these concerns may be a result of Gary Watt's and John Moreland's RM-12
rezoning on Court Street.
Chait said he is a member of the Home Builders Association and had a discussion with a fellow
member earlier in the week. Chait said the other member was concerned that the alleys and
streetscape for the Peninsula are unproven ideas and thinks we should see what it looks like
there before imposing it everywhere else in the City. Chait said that the Northeast District Plan
is not about alleys and not necessarily just about streetscape, but it is about creating
communities. He requested that the Commission focus on a position to support for the Plan.
Chait said he would like to have a conversation around what the Commission wants to create
for the future in this City. He said that attending the Amedcan Planning Association (APA)
Conference last year showed him what is happening all over the country and showed him that
Planning and Zoning Commission Minutes
April 1, 1999
Page 12
the Commission has the opportunity to bring something very exciting and successful that has a
long proven history to the City. He said it is not about garage doors and alleys, but it is about
community and urban design and setting a context for what the Commission wants to see for
the City. Chait asked if Commission members would support a meeting with staff to come up
with a diverse yet unified opinion and then enroll the City Council to see this vision that supports
staff.
Bovbjerg said she agreed with Chait, but believes the Commission has already done that. She
said the danger of talking about it more is that people would want to make sure there were
things that were exact, when what the Commission has wanted to put out is an idea and not
exact things. Bovbjerg said the Commission is already on the record regarding the flavor of what
it wants to see.
Chait said the Commission is looking for neighborhood design and is not looking to do
piecemeal development. Miklo said the Commission has taken a position on the Plan and it
would not be inappropriate for members to reiterate that position at the City Council level. He
said staff would be meeting with the Home Builders and the Chamber of Commerce in eady
April to hear their concerns. Miklo encouraged Commission members to attend.
Chait said this plan was developed through a process, and it was then adopted and passed on
to the City Council, He said the City Council is now having hearings on the Plan, and the City
Council members have other forces in their ears. Chait said the Commission needs to remind
them of the process that everyone has participated in, because sometimes he who speaks last
and Ioudest is the one who is remembered. He said the City Council is a political body, and he
wants the City Council to keep in mind the process this has gone through.
Miklo said that may be especially appropriate in the case of a Comprehensive Plan item. He
said while an individual zoning item is a finite thing, planning should be an ongoing dialogue,
and it would not be inappropriate for the Commission to continue to be involved.
Schintler said she is a member of the Home Builders' Association. She said they are upset,
because they feel they are being dictated to with regard to what kind of houses they are going to
be building. Miklo said they should read the Plan, because there is nothing in there that dictates
specifics for how a house should look. Bovbjerg said she did not see the Plan as that cut and
dried and did not think it was proposed as a controversial thing.
Schintler said one of the biggest complaints from the Home Builders is the idea of alleys and
detached garages, even those things are not required by the Plan. Chait said those are
examples of possibilities. He said what he heard from Watts was that he is willing to do
something different. Chait said, however, that Watts seems to resist the comprehensive
planning of the entire parcel. He said he did not think Watts was concerned about specifics as
such, but he feels that Watts is not open to the blended, mixed use community that the
Commission would want to see.
Erhart said she is concerned that developers sometimes agree to things but don't carry through.
Chair said that when the Shannon Drive project was built, the result was not even close to what
had been presented in pictures to the Commission. He said that is where the Commission
needs to send a message and up the standard. Chait said the Commission may not get it, but it
will certainly have an effect and will influence the future of the City.
Bovbjerg said there needs to be room for a lot of people in the City, and it is one of the
Commission's roles to say that somehow there will have to be a mix of housing. She said there
are ways for developers to build what people are looking for without being dictated to.
Planning and Zoning Commission Minutes
April 1, 1999
Page 13
Chait said the Commission has offered incentives in the past to get what it wants. He said the
same things are available in terms of density. Chait said the advantage of doing something
differently may be to get a little more on the land, which in turn offsets some of the cost and
allows the developer to sell for less.
The consensus of the Commission was to revisit this discussion after Ehrhardt and Schintler
return from the APA Conference in Seattle.
Ehrhardt said that Charles Eastham of the Greater Iowa City Housing Fellowship contacted her
about reviewing the new plan his organization would be submitting. She said the plan would be
for the same parcel of land, but would have detached homes. Ehrhardt said ~he was not
comfortable meeting with Eastham on her own and told Eastham that staff had a good sense of
what the Commission is looking for. Chait said Commission members can attend a meeting with
the applicant and staff, and he was comfortable with that process.
Supple asked for a volunteer to sit on the Iowa City Airport Zoning Commission. Chait agreed to
be on that Commission.
Supple referred to the Commission's memo to the City Council requesting consideration of
changing the name of the existing Lakeside Ddve between Sycamore Street and Highway 6 to
Wetherby Drive and asked how other Commission members felt about this item. The consensus
of the Commission was to send the memorandum to the City Council.
ADJOURNMENT:
The meeting was adjoumed at 9:35 p.m.
Dean Shannon, Secretary
Minutes submitted by Anne Schulte
P~69u. lo.~ Co~l mss~i~q
~T~r;t t/ 1999
Y..30
7.
I0.
II.
POLICE CITIZENS REVIEW BOARD
MINUTES - March 30, 1999
Lobby Conference Room
CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M.
ATTENDANCE
Board members present: L. Cohen, P. Farrant, P. Hoffey,
M. Raymond and J. Watson. Staff present: Interim Legal
Counsel Catherine Pugh, and Deputy City Clerk Sue
Walsh. Other City Staff: Police Chief Winkelhake.
CONSENT
CALENDAR
Motion by P. Farrant and seconded by P. Hoffey to adopt
the Consent Calendar. Motion carried, 5/0, all members
present.
RECOMMENDATION TO COUNCIL
· Receive PCRB Summary Dismissal Report #99-01
COMPLAINT
FORMS
COMMUNITY
FORUM
Correspondence dated 3/23/99 from E. Dilkes to C. Pugh
'regarding the information cover sheet for the Police
Department complaint form and the PCRB complaint form
was discussed. P. Farrant was directed to prepare
another draft for the next meeting.
A draft of the notice for the Broadway Neighborhood
Community Forum was discussed and a change made to
list the Chief as a speaker on the notice.
Chair Cohen directed that a second draft be prepared for
review at the next board meeting.
S. Walsh inquired as to member availability to help with
setup and take down at the Broadway Center. The Board
agreed to help with set-up rather than pay city staff. The
City cable department will be available to set up the PA
system.
Further discussion and decisions regarding the forum will
be determined at the next meeting.
2
STATUS RE NEW
LEGAL COUNSEL
The 3/25/99 memorandum regarding update on legal
counsel search was reviewed. Stating that there are
plenty of competent attorneys in Johnson County, P.
Hoffey voiced his reservations about interviewing
attorneys from Linn County.
ANNUAL REPORT
PLANNING Deferred
POLICE DEPARTMENT
INVESTIGATIVE
INTERVIEWS The subcommittee had no report.
ABSENCE
POLICY
The Board expressed no concerns regarding the City
Council's proposed absence policy for City Boards and
Commissions.
MEETING SCHEDULE
· Regular Meeting April 13, 1999, 7:00 P.M. (J. Watson
will be absent)
· Special Meeting April 27, 1999, 7:00 P.M,
· Community Forum at Broadway Neighborhood Center,
April 28, 1999, 7:00 P.M.
· Regular Meeting May 11, 1999, 7:00 P.M.
· Special Meeting May 25, 1999, 7:00 P.M,
Motion by M. Raymond and seconded by P. Farrant to
move Item No. 10 on the agenda, to appear after Item
No. 14 on the agenda. Motion carried, 5/0, all members
present.
PUBLIC DISCUSSION None
BOARD
INFORMATION
J. Watson - reported on his attendance at the City
Council work session on 3/29/99. To remedy a concern
about an inadvertent attempt to identify an officer even
though a report doesn't identify an officer, it was the City
Attorney's recommendation that the Board develop a
standard statement under "Board Procedure" that the
number used to identify officers in this report are unique
to this complaint and do not correlate with identifying
numbers used in other reports. Board members agreed
that when more than one officer is involved they would
include an appropriate sentence.
M. Raymond - reported she will be moving to New Delhi
this fall. To allow for 30 days notice, on May 1, 1999
she will let the Council know she is resigning effective
June 1, 1999. During this time, she will continue her
work on the Board (to include her subcommittee
assignments)
Staff advised that normal procedure is a letter of
resignation to the City Council.
STAFF
INFORMATION
C. Pugh - reported on her conversation with E. Dilkes
regarding the identification concern that Watso.n
presented above. Another issue discussed was about the
Board's motion to adjourn to executive session on this
agenda. Complaint 99-01 does not have any
investigative reports yet since it is believed to be an
untimely complaint. Therefore it does not fit under 22-
7(5) as a confidential matter, nor does it fit under
22.7(11) because it's not personal information contained
in a confidential personnel record. The section that
should have been referenced is 22.7(18), communications
not required by law.
For purposes of discussion under this agenda, Pugh
recommended that 99-01 could be discussed in open
session, procedurally, but not any of its particulars.
This issue also affects the correspondence dated March
18, 1999, since it doesn't have an investigative report
attached either. Pugh recommended that the Board make
a motion and direct staff to respond to these issues.
Chair directed staff to add the language in 22.7(18) to all
future executive session motions.
FORM LETTERS RE
TIMELINESS
COMPLAINTS For the next meeting, staff was directed to prepare new
form letters regarding timeliness complaints, to reflect the
changes suggested during discussion.
4
Motion by J. Watson and seconded by P. Farrant to move
Item 10 on the agenda, to appear after Item No. 15 on
the agenda. Motion carried, 5/0, all members present.
PCRB COMPLAINT
//99-01
It was noted that #99-01 appears to be an untimely
complaint. In accordance with that, a letter was sent to
the complainant informing them of this and requesting
they send the Board any additional information if they
wish. Complainant did respond in writing on this issue.
Watson noted that there was nothing in that
correspondence that changes anything on the timeliness
issue. C. Pugh stated that in this case, there's nothing
the Board can do other than dismiss this complaint as
untimely.
Motion by J. Watson and seconded by P. Hoffey to
approve PCRB Report ef Summary Dismissal to the City
Council regarding 99-01. Motion carried, 5/0, all
members present.
Motion by J. Watson and seconded by P. Hoffey that M.
Raymond prepare a letter to be sent to the complainant in
99-01, explaining constraints on the Board's ability to
review such complaints are.jurisdictional; the board has
no power to review something that is not timely filed
regardless of the type of factual history; also clarifying
that a complaint filed with the Police Department does
not give the Board additional time. Motion carried, 5/0,
all members present. Raymond will prepare a draft letter
for Pugh's approval.
CORRESPONDENCE
DATED 3/18~99 Regarding the correspondence dated 3/18/99, Pugh
suggested either deferring consideration of this until the
Board amends the motion to adjourn to executive session
and address it then, OR to direct staff to send a formal
complaint form to the complainant.
Motion by J. Watson and seconded by P. Hoffey directing
staff to send a complaint form to the complainant who
sent the correspondence of 3/18/99, to include reference
about the time limit.
5
PRIORITY-SETTING
GOALS After this first planning session regarding priority-setting
goals, the Board directed staff to prepare a document
setting out its initial conclusions, to be included in the
packet for the next meeting (attached).
ADJOURNMENT
Motion for adjournment by M. Raymond and seconded by
P. Farrant. Motion carried, 5/0, all members present.
Meeting adjourned at 8:55 P.M.
PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY
COUNCIL
PCRB Complaint #99-01, filed March 2, 1999, was summarily dis-
missed as required by the City Code, Section 8-8-3 D and 8-8-3 E. The
complaint was not filed within sixty (60) days of the alleged misconduct.
DATED: March 30, 1999
PRELIMINARY PCRB PRIORITY-SETTING GOALS
II.
Mission
Review complaints of police misconduct
Help ensure that police department is responsive to community
needs
Goals
A. Board Education
5.
6.
7.
Hold forums (minimum of two a year)
Explore involvement with national boards or associations.
Networking with national organizations
Baseline of information to analyze different types of
reports
Encourage diversity within Board membership
Ascertain community standards
Maintain dynamic tension
Visit Police Academy at Camp Dodge
B. Community Education
2.
3.
4.
5.
Hold forums (minimum of two a year)
Continue to simplify reports
Improve officers understanding of the board's function
Educate public about PCRB
Downtown police enforcement
C. Policy/Practice/Procedure Review (PPP)
2.
3.
4.
5.
6.
7.
Monthly policy review with response by department
Deal with the issue of racially discriminatory enforcement
Assist the department in improving internal investigations
Downtown police enforcement
Communication between department and public
Use of Force
Training in the department
PCRB Goals:sb:4/13~99
MINUTES
PUBLIC ART ADVISORY COMMITTEE
THURSDAY, MARCH 4, 1999 - 3:30PM
CIVIC CENTER - LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Rick Fosse, Nancy Purington, Gary Nagle, Lesley
Wright
MEMBERS ABSENT: Deborah Galbraith, Kevin Hanick, Terry Trueblood
STAFF PRESENT:
Karin Franklin, Joyce Carroll, Kumi Morris, Jim
Schoenfelder
CALL TO ORDER:
Vice-chairperson Wdght called the meeting to order at 3:40pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
CONSIDERATION OF THE MINUTES OF FEBRUARY 11, 1999:
Pudngton requested the following language be inserted in paragraph 6 on page
2: "Pudngton asked if he thought there was sufficient expertise on the City staff."
Fosse moved and Purington seconded a motion to approve the minutes as
amended. The motion passed 4-0.
DISCUSSION OF THE RELOCATION OF THE GUTHEINZ FOUNTAIN:
Franklin presented the proposal to relocate the Gutheinz fountain from the
pedestrian mall to Chauncey Swan park across from theCivic Center. She
indicated any comments, and approval, of the Committee on the design and
relocation were requested.
Kumi Mords, intem to the City Architect, reported on the factors considered in the
Iocational decision for the fountain within the park. Safety for users of the park;
potential conflict with music groups and the theater group which practices in the
park; visibility from the Farmers' Market; and proximity to a water line were
considered. Franklin noted that the park location was arrived at after looking at
other options, primarily the water plant site. The goal in suggesting this location
was to keep the fountain downtown and to create a draw for more people to use
Chauncey Swan park.
Morris explained some of the design features. The tubing from the original
fountain would rest on a circular base flush with the ground. The base would be
exposed aggregate concrete with a limestone rim to match the limestone being
used in the Downtown Streetscape project. The tubing would be stripped of all
paint and refinished with a protective sealant so that the brass would be
revealed. The water will fall as it does in the current configuration.
Franklin asked whether bricks would be appropriate for the base. Purington
indicated she did not advocate the use of bricks and liked the aggregate and the
unpainted tubes. Fosse stated bricks would be problematic for installation.
Morris pointed out that the aggregate was chosen to avoid some of the safety
hazards associated with brick.
Purington moved and Fosse seconded placement of the Gutheinz fountain in the
Chauncey Swan Park as designed.
Nagle felt other sites should be evaluated. He had no sites to suggest. There
was discussion of the urban qualities of this fountain and the lack of alternative
sites in the downtown. The motion carried 4-0.
Purington suggested a single color stone, possibly a black, be used in the
aggregate. Morris stated that she could investigate that option for cost. Wdght
suggested a maintenance plan should be developed and special attention should
be given to the long term maintenance costs of taking the pipes down to the
brass.
DISCUSSION OF THE JACQUELINE WEIR WORK ON THE PENINSULA:
Purington and Wright reported on the Visual Artists Rights Act and the case in
Indianapolis. The Committee concluded that the proper way to deal with the
Weir piece on the Peninsula was to leave it as it is, to not remove it, maintain it
or enhance it, since the artist could not be reached and the work was not part of
an MFA thesis in which some direction for the future of the piece could be
gleaned. It was recommended that the piece be documented with a photograph
and that the City avoid the piece in development of the park or any other work
that might take place on the site. It was also suggested that signage near it may
be appropriate for educational purposes.
DISCUSSION OF THE FY2000 PROJECTS AND WORK PLAN:
The Committee reviewed the capital projects for FY2000 and noted the following
projects as potential opportunities for public art:
· Foster Road
· Highway 6 sidewalk and drainage improvements
· Longfellow/Pine Street pedestrian trail
· Peninsula Park
· Skateboard Park
· South Sycamore Regional Greenway and Drainage project
· South Plant digesters
· Walden Woods Park
· Waterworks Park
· Wetherby Park
COMMITTEE TIME/OTHER BUSINESS:
After reviewing the video of illuminated laminar jets, the Committee directed the
staff to investigate this option further.
Wdght indicated Rachel Mills who works with Art in Public Places in Cedar
Rapids wanted to use our call to artists for sculpture. The Committee felt use of
the call as a model was not a problem and that any information about works
which were not chosen by Iowa City could be forwarded to Mills.
Pudngton raised the issue of having awards for design in the future, using the
article "Orchids and Onions" from the Nations Cities Weekly as an example. She
also presented an announcement of a dedication of public art which she felt was
well done and should be considered for Iowa City's public art.
Franklin informed the Committee of the up-coming appointment for the position
on the Committee which was previously designated for a Design Review
Committee representative. She noted the advertisement would state a
preference for an architect per the Committee's direction. Nagle indicated his
interest in the position.
Meeting adjourned 5:00pm.
Minutes submitted by Kadn Franklin