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HomeMy WebLinkAbout2000-09-19 Bd Comm minutesMINUTES IOWA CITY CIVIL SERVICE COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM September 7, 2000 MEMBERS PRESENT: Mike Kennedy, Lyra Dickerson STAFF PRESENT: Sylvia Mejia, Karen Jennings, Roger Jensen, R.J. Winkelhake OTHERS PRESENT: None RECOMMENDATIONS TO CITY MANAGER AND STAFF: Commissioners instructed staff to conduct the promotional process for the Fire Department. RECOMMENDATIONS TO CITY COUNCIL: None. Commission abstained from comment on proposal for Advisory Committee of People with Disabilities for CIP projects as the issue is not applicable to the function of this commission. SUMMARY OF RELEVANT DISCUSSION: Chairperson Kennedy called the meeting to order at 4:00PM. The first order of business was the promotional process for the Fire Department. Dickerson asked for clarification on the minimum passing score on the written test for Fire Lieutenant. Mejia explained that 70 is the minimum acceptable score. Kennedy moved and Dickerson seconded a motion to approve the promotional procedures as outlined in the memo to the commission from Sylvia M~jia. Motion carried. Commissioners indicated that they had read the City Manager's memo to the City Council regarding the Proposal for an Advisory Committee of People with Disabilities. Both Kennedy and Dickerson abstained from comment on the proposal as capital improvement projects do not fall within the scope of the Civil Service Commission's duties. Mejia gave the commission a brief update on the City's current Police Officer recruitment. She informed them that the City had received 133 applications and would be conducting the written test on Saturday, September 9, 2000 and the physical agility and MMPI on Sunday, September 10, 2000. She also informed them that interviews were scheduled for September 22 - 29, 2000. Dickerson moved and Kennedy seconded a motion to adjourn. Meeting adjourned at 4:15PM. PLANNING AND ZONING COMMISSION AUGUST 17, 2000 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Benjamin Chait, Pam Ehrhardt, Jerry Hanson, Norm Osland, Marilyn Schintler, Dean Shannon MEMBERS ABSENT: Ann Bovbjerg STAFF PRESENT: Sarah Holecek, Bob Miklo, John Yapp OTHERS PRESENT: Robed Barker, Michael Balch, Martin Cassell, Ted Cizadlo, Darlene Donovan, Glenn Ehrstine, Alison Ames Galstad, Frank Gersh, Marjourie Jones, Glen Misner, Kaveh Mostafavi Brenda Nelson, Steve Roberts, Karen Roberts, Hillary Sale, Ralph Stoffer, Jack Tank RECOMMENDATIONS TO COUNCIL: Recommended DENIAL, by a vote of 1-5 (Hanson in the affirmative) of REZ00-0018, an application submitted by Julie Cassell, for a rezoning from Low Density Multi-Family (RM-12) and Neighborhood Conservation Residential (RNC-20) to Medium-Density Single-Family (RS-8) for properties fronting on Washington Street between Muscatine Avenue and Governor Street, the east side of Governor Street Between Washington Street and Iowa Avenue, the west side of Muscatine Avenue between Iowa Avenue and Washington Street, Summit Street between Washington Street and Burlington Street, and a few properties on the south side of the 900 block of Iowa Avenue. Recommended APPROVAL, by a vote of 5-1 (Ehrhardt voting in the negative) of approving the rezoning of eleven (11) properties located west of Muscatine Avenue, north of Washington Street, from RM-12, Low Density Multi-Family, to RS-8, Medium Density Single-Family; and rezoning thirty-two (32) properties located on the south side of the 900 block of Iowa Avenue, much of the 900 and 1000 blocks of Washington Street, the 100 and 200 blocks of South Summit Street, and much of the east side of the 10 and 100 blocks of Governor Street from RM- 12, Low Density Multi-Family and RNC-20, Neighborhood Conservation Residential, to RNC-12, Neighborhood Conservation Residential. Recommended APPROVAL, by a vote of 6-0, that the City Council forward a letter to the Johnson county Board of Supervisors, recommending that a conditional use permit be approved, subject to the County requiring the implementation of the restoration plan developed by Lon Drake and MMS Consultants. Recommend APPROVAL, by a vote of 6-0, of the Iowa City/Johnson County Fringe Area Agreement as drafted by the Fringe Area Committee. CALL TO ORDER: Vice-chair Chait called the meeting to order at 7:34 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Planning and Zoning Commission Minutes August 17, 2000 Page 2 ANNOUNCEMENTS OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Chait said there are several openings on city boards and commissions. Those interested should contact the city clerk for an application. FRINGE AREA ITEM: Discussion of an amendment to the Iowa City/Johnson County Fringe Area Agreement Miklo said staff received a letter from Roland Donorart asking that an area be shown commercial that is presently shown as agricultural until such time that it is annexed. The area is adjacent to Herbert Hoover Highway. Miklo said the fringe area committee considered this designation and decided against it for a number of reasons. One concern would be the creation of a commercial strip along both Interstate 80 and the Herbert Hoover Highway. There is already a sizable area zoned for commercial development in the area. One of the property owner's reasons for requesting commercial was the area is adjacent to a commercial zone. The Fringe Area Committee felt that if this property is zoned commercial then at what point do they draw the line. Staff agrees with the Fringe Area Committee and recommends this area retain the current agricultural designation in the Fringe Area Agreement. Public discussion: Glen Misner, 1917 Gilbert St, of MMS Consultants said the Donavan property would square off the area and would be consistent with the fringe area map if it were designated commercial. The Herbert Hoover Highway runs on the south side of the property that would separate the Donovans' land with other lands. Misner said the Donovans at this time do not wish their property south of Herbert Hoover Highway to be commercial. A transmission line runs on the west side of the property. Misner said their point is that this area is isolated. They have spoken with officials in Johnson County whom are supportive of the commercial designation. Ehrhardt asked if the Donovans were not notified what the committee was doing. Miklo said the county would have taken care of any notices. He said the fringe area included several thousand properties, and individual notices were not mailed out. He said he believed there were newspaper articles about the fringe area meeting. Shannon asked how the adjacent area came to be zoned CP-2. Misner said it represented an actual property line between the Donovans and the Eyeman property. Chait said he believed the properties in this area were rezoned on two occasions. The first rezoning was approved by the County, which the City felt was not consistent with the original Fringe Area Agreement. The City Council sent a letter to the county suggesting the rezoning not be done. However, the County went along with the new designation. The second piece was done sometime later, again with the County approving the rezoning despite City Council disapproval. This was one of the reasons the Fringe Area Agreement was reworked to have better communication between the two bodies. Miklo said that the Donorart proper~y lies within the growth boundary and will someday be apart of Iowa City. This was one the reasons the committee felt the commercial designation at this time is premature. It would be better to wait until this area is apart of the city at which time they would have a more clear idea of what type of zoning would be appropriate. Miklo said that Planning and Zoning Commission Minutes August 17, 2000 Page 3 zoning the Donovan property at this time would remove the City's ability to control what happens on the edge of the community. Misner said that the Fringe Area Agreement says that if this land lies within the growth boundary, improvements need to be put in place for city standards so the property has these in place at the time the land becomes annexed into the city. Darlene Donovan, 3426 Taft Avenue, said that she felt it was unfair that they were not notified of this action as property owners. Donovan said they did not have the opportunity to state why they felt their property should be zoned commercial. Holecek said that this is not a rezoning but for the Fringe Area Agreement as to how the each entity would consider the property for future rezoning. If both entities agreed that the property should be rezoned commercial or industrial, than that would not violate the agreement. Chait said that there was plenty of notice about both of the previous zonings on the neighboring Eyeman's property. If Donovan wanted the property to be included it could have been done at that time. Public discussion closed. MOTION: Shannon moved to approve the amendment to the Fringe Area Agreement as submitted. The motion carried on a 6-0 vote. REZ00-00018 Discussion of a application submitted by Julie Cassell for rezoning from Low Density Multi-Family Residential Zone (RM-12) and Neighborhood Conservation Residential Zone (RNC-20) to Medium Density Single-Family Residential Zone (RS-8), for properties fronting on Washington Street between Muscatine Avenue and Governor Street, the east side of Governor Street between Washington Street and Iowa Avenue, the west side of Muscatine Avenue between Iowa Avenue and Washington Street, most of Summit Street between Washington Street and Burlington Street, and a few properties on the south side of the 900 block of Iowa Avenue. Yapp said this area is surrounded by Historic Districts: Woodlawn to the north, College Green and East College Street to the east and west, and the Summit Street Historic District to the south. The proposed rezoning area is a mixture of land uses. Of the 43 properties, 23 are single family in use. Most of these are owner occupied with a few being rental. There are also a number of multi-family units and three rooming houses on the corner of College Street and Summit Street. There is one six-unit apartment building that has four bedrooms per unit. Yapp said staff I~as recommended approval of the Medium Density Single-Family, RS-8 zoning for the 11 properties just west of Muscatine Avenue and north of Washington Street. The reason being that the predominant land-use in that area is single family homes, both in use and character. Staff has recommended the RNC-12, Neighborhood Conservation Zone for the remainder of the area. The RNC-12 zone only permits single family and duplexes for newly established uses. However, there are three major differences between the RS-8 and the RNC- 12 zone that led to the staffs' recommendation. Number one, in the Neighborhood Conservation zone all existing multi-family would be considered legal conforming uses as opposed to in the RS-8 zone they would be non-conforming uses. As conforming uses, structures can be altered, expanded or modified provided no new dwelling units are created. The RS-8 zone only allows three unrelated people per unit, which specifically affects the six-unit, four-bedroom apartment building at the corner of College Street and Summit Street and one four-bedroom house in the rezoning area. The RNC-12 zone allows four unrelated people per unit. Finally, under the RS-8 zone the minimum lot size for a duplex is 8,700 sq. ~. There are two properties which are Planning and Zoning Commission Minutes August 17, 2000 Page 4 currently single families that could become duplexes under the RS-8 zone. Under the RNC-12 only 6,000 sq. ~. is needed for a duplex. In staffs view, given the proximity to downtown and the viability and demand for rental housing in this area, staff is comfortable in recommending the RNC-12 zone, recognizing that a few more properties could be converted to duplexes than under RS-8. The main reason for the RNC-12 that the existing multi-family uses would continue to be legal conforming uses. Yapp said that at the last Planning and Zoning meeting it was commented that staffs recommendation was a compromise between the existing zoning and what the neighborhood has requested. When staff made the recommendation, it did not look at it as a compromise but rather, what staff felt was the most appropriate zoning for the area. Chait asked if in the RNC-12, if the four bedroom six-plex is destroyed, would it still be able to be rebuilt? Yapp said that was correct, because in the RNC-12 zone existing multi-family uses would be considered legal, conforming uses. Apr~licant Martin Cassell, 1002 Washin.qton Street, said he would like to present three items for further consideration. Cassell cited a map highlighting those in support and those opposing rezoning RS-8, showing those in support numbering five to one to everyone opposed, Cassell said he recommends staffs plan should include the property on the corner of Iowa Avenue and Governor Street along with the properties on south side of Washington Street to be zoned RS-8, along with the properties on Summit Street north of the alley between Washington Street and Summit Street. Cassell read a letter written by Brett and Shawna EIder in support of the RS-8 zoning that was submitted. Chait said that it was important to note that the staffs plan was not presented as an alternative to the down zoning, but represented their recommendation. Yapp said that when a motion is made, the initial motion should be on the zoning application (rezoning to RS-8), then, if that motion is defeated, the Commission can consider alternative motions such as staffs recommendation, Cassell's proposal, or another motion not yet discussed. Schintl~r asked if the request made by Cassell would result in several non-conforming properties. Yapp said it appears it would result in five non-conforming properties. Chait asked how many properties would be non-conforming if the RS-8 zoning is approved for the six properties north of Washington Street, immediately east of Governor Street. Yapp said there would be two: the four-unit building at 908 Washington Street and the two-unit building at 18 South Governor Street. Public discussion open Frank Gesh, 1123 College Street, said that a lot of work has gone through improving the neighborhood and he would not want to see the neighborhood go down hill. If the neighborhood is not rezoned, many of his neighbors would begin renting out their homes. Gesh said that based on his surveys and through serving on the Historic Preservation Board there is support for preserving inner-city housing. Planning and Zoning Commission Minutes August 17, 2000 Page 5 Allison Ames Galstad, 947 Iowa Avenue, stated her overwhelming support for the RS-8 proposal. Galstad said one of her criteria for a new home was it needed to be within walking distance of downtown. She said it was an important recruiting tool for the University and City to have good neighborhoods within walking distance of campus. Also, she enjoys the diversity of the neighborhood and thinks this proposal shows great vision in preserving that diversity. Galstad said how fortunate she was to live in a home where she is only the fourth family to live there and that it had never been subjected to remodeling. Ted Cizadlo, 1005 Muscatine Avenue, said that he missed the previous meeting and felt he needed to voice his support to the proposal now. Cizadlo said he watched the four-unit apartment go in at 1024 Washington Street, and although it is a high quality development, it no longer bears much resemblance to a house. His house was once a multi-family home that he reclaimed as a single-family house. The idea of these homes becoming multi-family is not the direction the neighborhood should go in. Cizadlo said that although staffs' recommendation guaranteed his own backyard, he thinks the original RS-8 proposal should be passed for the entire rezoning area. Michael Balch, 104 Governor Street, said he owns the property at 112 Governor Street that is being restored. Balch arrived in Iowa City in 1971. At that time 924 Washington still existed as an elegant wood frame house that has since given way to a "pill box kind of structure". Balch said that the RNC-12 or the stronger RS-8 proposals were not put in front of the Commission back then. The area under consideration lies in the center of several Historic Districts, if the center is allowed to erode, it will impact the surrounding area. Ehrhardt said if Balch thought the RNC-12 zoning would stop this erosion. Balch said he was not familiar with the zoning, but his instincts told him RS-8 would do a better job preserving, not only this neighborhood but the integrity of the surrounding Historic Districts. Glen Ehrstine, 228 Summit Street, says he lives in a historic landmark bordering the area under consideration. This area is bordered and bounded by Historic Districts. The most crucial issue to be addressed is whether or not there is a trend to single family homes in the area. Ehrstine said he was curious to know how far back the study by staff went in investigating this issue. Yapp said that they researched data from 1990 to present. Since 1990 three properties have been taken off the rental list, one due to fire, one at 112 Governor that became unoccupied, and a third converted from a rental property to a single family home. One of the Commissioners noted that one property converted from a rooming house to a duplex during this time period. Ehrstine said he would like to see any rough estimates of the trend for rental homes being converted to single-family properties pre-1990, and urged the Commission to review the neighborhood not in its current state but according to the trend. Kaveh Mostafavi, 801 Westside Drive, said he is representing his father who owns the property at 1002 College Street. Mostafavi said that it was asked why this rezoning was not proposed sooner and responded by saying that it had been and the request was denied, [Editor's Note: No rezoning application was ever filed when this apartment building was constructed] at the point his father built the apartment building, Mostafavi said that the recommendation presented by Cassell would be the best solution. Most of the neighborhood would be zoned RS- 8 while putting their property in the RNC-12 zone, allowing them to operate the rental unit as a viable income generator. Planning and Zoning Commission Minutes August 17, 2000 Page 6 Yapp said that the previous proposal Mostafavi brought up was not a request for rezoning. Letters had been sent in expressing concern for the apartment building, however, there was never a request for rezoning. It is a perfectly legal building in that zone currently. Mike Cervantes, 918 Washin.qton Street, said he lives in a unique property. The house next door to his property is an older home that serves as a boarding house for about twelve tenants. The fact that it is rental property is fine with him. The main reason he lives at this address, and will continue to do so, is that it looks like a house. Cervantes said under the RNC-12 zoning, potentially 13 houses could be torn down and replaced with duplexes. The boarding house is presently zoned RM-20 and his biggest fear is that it will be turned into an apartment complex. Cervantes said the third biggest reason he was attracted to this neighborhood was that the majority of the properties look like houses. The possibility of the neighborhood losing that quality should be considered. Chait asked if the current zoning to the east of Cervantes that is not proposed to be rezoned could be turned into an apartment complex. Yapp said he was not sure of the lot size, but it could be redeveloped as a multi-family building under the RNC-20 zoning. Steve Roberts, 1015 Muscatine Avenue, said he has lived at this property since 1983. He bought it because it was a house he could afford by renting out part of it as a duplex. The property was next door to Hope House which housed prisoners on leave from Anamosa Prison, and this house has since been converted to a single-family home. Behind him is a restored single family home that is currently rented. Roberts said he is now married and no longer rents his home. His goals are to preserve the neighborhood in its present diversified state and RS-8 seems the best for that. Karen Roberts, 1015 Muscatine Avenue, said she would like to address Ms. Ehrhardt's question about the RNC-12 zoning support the historic significance of the neighborhood. Roberts said that it would not because dividing a home up into apartments, especially if the utilities are split up between the units, does a lot of damage to the home. Once a house has that done to it, the house will likely forever be a rental property. Roberts said they were able to reclaim their property because it had not had the utilities split. The Cizadlos were able to reclaim their home because of the same reasons. These houses were built as family homes. Once you allow these homes to be divided they won't ever be a single- family homes again. Allowing this to happen is letting part of our history go. Roberts said she feels the down zoning to RS-8 better preserves the history of the neighborhood. Madourie Jones, 943 Iowa Avenue, said she purchased a home here because she has always loved Iowa City. She was first here in the 1930's when her father was getting his advanced degree and returned again in the 1950's when her husband was in medical school. Jones said that each time she returns to Iowa City there are fewer historic homes and the remaining ones are less cared for. Jones said her house is a jewel that she has returned to a pristine condition. Next to her are two ugly apartment complexes. Jones said she knew Irving Weber, and he said he would not drive down Iowa Avenue because it was too painful to see what happened to all the family homes on the street. Jones concluded by saying she wishes you would save as much as you can by saving what is left of Iowa City. Jack Tank, 1015 Washin.qton Street, said he has owned his property for some time. He has probably put $25,000 into the property. It has no dry wall, only plaster, so he knows it has been a four-plex for some time. Tank said he has not changed the footprint too much but has done a lot of updates. Tank asked if under the RS-8 zone he could not change the footprint of the property. Planning and Zoning Commission Minutes August 17, 2000 Page 7 Yapp said that was correct. Tank asked if he wanted to put in a new kitchen if he could do that. Yapp said if it were a non-conforming property he could install new appliances but could not expand the floor area. Miklo said that for a non-conforming apartment under the RS-8 zone you could not convert non- livable space into livable space. Tank said that he would be a non-conforming use under RS-8. He has no intention of burning down the property, but going from an RNC-20 zone to RS-8 zone is a significant financial undertaking. If he would be forced to rebuild under RS-8 he would have to construct a duplex. Tank said this would be a problem for him. Chait said they understand the concerns that Tank and the other neighbors have and the distinctions between what could happen under RS-8 or RNC-12. Hillan/Sale, 1016 Colle.cle Street, said she wanted to respond to a couple of questions and points made. Sale wanted to stress that this is currently and would remain under any of the proposals tonight a multi-textured and multi-use neighborhood. The goal of the Cassells' proposal is actually to maintain the neighborhood. It is a neighborhood that has both rental and owner-occupied properties. Sale said Mr. Yapp said there is demand for rental property in this area. There is also serious demand for owner-occupied property near downtown. In addition, Sale said that owner-occupied housing is much harder to find. Sale moved into the area three years ago and struggled to find a home close to the downtown. Sale said she was thrilled to find a home in this neighborhood and that she wants to protect it. Sale said the reason they feel RS- 8 is significantly better is because they do not believe RNC-12 would prevent the erosion of the current neighborhood. Sale said that there was discussion last time about the multi-family apartment building design guidelines and if they would protect the neighborhood. The design guidelines protect the neighborhood in terms of apartments that can be built but would not affect duplexes because they do not have enough units to be subject to the design guidelines. Sale said that the RS-8 zone offers this protection by preventing many properties from becoming duplexes. Sale said that this Commission recently considered a down-zoning case. Sale noted that two weeks ago today one of the older homes in another neighborhood was torn down because it was not down-zoned. Public discussion closed MOTION: H~inson moved to approve an application submitted by Julie Cassell for a rezoning from Low Density Multi-Family Residential Zone (RM-12) and Neighborhood Conservation Residential Zone (RNC-20) to Medium Density Single-Family Residential Zone (RS-8), for properties fronting on Washington St between Muscatine Avenue and Governor Street, the east side of Governor Street between Washington Street and Iowa Avenue, the west side of Muscatine Avenue between Iowa Avenue and Washington Street, Summit Street between Washington Street and Burlington Street, and a few properties on the south side of the 900 block of Iowa Avenue. Hanson said this has been difficult case for him. He understands the need for concentrated housing downtown for students. But he also understands the need from the Comprehensive Plans' point of view of mixed neighborhoods. If these neighborhoods are allowed to be changed from their original personalities we cannot get back the feeling those homes give us. The mix of dwellings are already in this neighborhood. Hanson said it has been his experience that it is the Planning and Zoning Commission Minutes August 17, 2000 Page 8 single-family home owner is most involved in what happens in their neighborhood. Hanson said he will vote to approve the proposed rezoning of RS-8 for the entire rezoning area. Ehrhardt thanked everyone for coming and putting forth the effort. Ehrhardt said she did not feel that the entire neighborhood should be RS-8, but to a greater extent than staffs' recommendation. She would be voting against the motion to rezone the entire area to RS-8. Shannon said he is a native of Iowa City and feels that this neighborhood is much better than it was in the late fifties. He does not feel the apartments are ugly, they fill the need for housing and he likes the mix of housing as encouraged by the city. Shannon said that Iowa City is constantly changing and he has seen entire blocks destroyed and replaced. Sometimes this is not done by the private developers but by the University of Iowa. If we saved all those neighborhoods you would not have the Iowa Memorial Union or the Main Library. On the other hand, Shannon said he does not want to see these homes torn down. He would like to see this neighborhood stay the same. Shannon said he felt the RS-8 zone would be too much of a change and that staff's recommendation was the best action in preserving the neighborhood. Shannon concluded by saying he would be voting against the RS-8 down-zoning. Schintler said she feels most of the neighborhood should be RNC-12. The RNC-12 stabilizes the neighborhood and is fair to all the land-owners, Chait said he was very familiar with the neighborhood. He purchased an old home in 1976 and restored it in later years so he understands the labor of love involved with rehabilitating a property. Chait said he felt strongly that if an older home was too large for single family, it should be partitioned into a duplex, It creates diversity in housing while maintaining character. Chait said he felt there is a better solution to this problem and that he would be voting against this motion to approve. The motion failed on a vote of 1-5 with Hanson votin.cl for, Hanson asked how staff felt about the alternative proposed by Cassell. Yapp said staffs' recommendation remained. Miklo said staff has not had a chance to analyze the proposal Cassell brought forward tonight. MOTION: Hanson moved to approve staffs' recommendation of Medium Density Single- Family Residential Zone (RS-8) for the 11 properties west of Muscatine Avenue and north of Washington Street and Neighborhood Conservation Residential Zone (RNC-12) for the remainder of the rezoning area, The move was seconded by Schintler Chait said he would be voting in favor of staff's recommendation. The RNC-12 and RS-8 represents the best possibilities for the neighborhood. Ehrhardt said she will be voting against this motion. At a minimum she supports staffs' recommendation, but said there should be more RS-8 zoning in the neighborhood. The motion carried on a vote of 5-1 with Ehrhardt voting against, CODE AMENDMENT ITEM: Discussion of an amendment to the non-conforming use provisions of the RNC-12 zone. Yapp said this amendment is to clear up some language in the RNC-12 zone section of the Zoning Code. The intent of this zone is to prevent multi-family uses from becoming non- Planning and Zoning Commission Minutes August 17, 2000 Page 9 conforming, In section 5-G of the RNC-12 zone it refers only to RM-12 uses. The intent of the zone is for any multi-family use to still be conforming, not just uses established in the RM-12 zone. Ehrhardt said if there was a RM-44 rezoned to RNC-12, that could be torn down and rebuilt as RM-44. Yapp said that was the intent of the RNC-12 zone. MOTION: Shannon moved to approve the amendment to the non-conforming use provisions of the RNC-12 zone. Hanson seconded the motion. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB00-00015 Discussion of an application from Lake Calvin Properties for a preliminary and final plat of a re-subdivision of Saddlebrook Addition, Part Two a 69.75 acre, 4 lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock BIvd and Heinz Road. Miklo said that staff had not received revised preliminary plats, site plan, or final plats to correct the technical deficiencies which the Public Works office had identified. This is not an order to be voted on this evening and therefore needs to be deferred until the next meeting. At some point the Commission needs to decide on one or two street connections to the property to the east and whether Heinz Road should be 31 feet or 28 feet wide south of Paddock Boulevard. Ehrhardt asked who approves the mitigation plan with regards to the wetlands. Miklo said staff would review the issue along with the Public Works Department. APPLICANT Brenda Nelson, Nelson Desi.cln, 535 SouthGate Avenue, handed out a letter from AI Streb, the property owner to the east, expressing his opinion on the access to the east. He prefers having only one access and using the parkway as secondary access. Nelson asked if the Commission could not vote this evening, that they could give a vote pending on the review of the engineering and legal. Miklo said staff would not recommend the request of Nelson stating that the plat as submitted does not meet the technical requirements of the City Code. Also, with regards to the letter submitted by Nelson, it is staffs' opinion that having two access points provides more flexibility. Neither staff nor the property owner knows how it will develop. By not providing for two access points future options become less flexible. If something should be built that does not require the second access, that street right-of-way can be given up. Public discussion open Ralph Stoffer, 535 South.qate Avenue, of Landmark Surveying said he would like the Commission to vote on the street width and the number of accesses stating it effects a lot of things falling into place. At least give an indication towards the Commissions' position on these two items so his work could go forward. Holecek said that in a motion to defer during the Commissions' discussion they could indicate what the consensus of the group regarding these issues. Planning and Zoning Commission Minutes August 17, 2000 Page 10 Nelson said that they strongly support the 28 foot street width, because it is a collector street. The parkway will function as an arterial that will eventually connect with Highway Six. Also, any parking on Heinz Road would be a hazard stating parking is already not allowed within the development to visually protect the streetscape. Nelson said they felt the 31 foot width, without allowing parking, would promote an increase in the speed of the traffic. They recommend the 28 foot street width for safety, lower traffic speed, and protect the streetscape visually. Nelson said that at the informal meeting when the Commission referred to the drop-off circle at the day care center as a cul-de-sac. Nelson wanted to clarify this as a drop-off, turn around, and parking area for the day care. There will also be a general play space in the area. We feel any access road at that location will impede their ability to provide a day care center with adequate parking, play, and drop-off area. Nelson said at one point they had proposed Heinz Road to angle off the property to provide access to the east. Starting at the area of the proposed day care center, the same area staff has proposed putting in an access to the east. However, that idea was rejected by staff so they went ahead and put Heinz Road all the way to the parkway. Nelson proposed one access which falls within the distance guidelines of the subdivision code to the east because they do not know what the use of the property to be to the east will be in the future and it is part of the County. Nelson said that previously proposed uses were not just residential, but commercial as well as a golf course. Nelson was not sure if the connections would be properly spaced or necessary at all. The parkway should be the second access to the east because it swings up into the area. Nelson asked that any additional access come off the parkway to allow them the flexibility to accommodate whatever is designed for that area which AI Streb currently owns. Also, Nelson said they made a point not to align Treakner Lane with either Rodeo or Mustang Lane. Staff stated previously that it can be confusing to travel straight ahead on a public street and turning into a private street. Miklo said staffs' concern was that the transition from public to private occurring mid-block as opposed to occurring at an intersection, which is an acceptable situation. Nelson said it would be their position that none of the public streets be aligned with the private streets. Public discussion closed. MOTION: Shannon moved to defer the application of Lake Calvin Properties for a preliminary and final plat of a re-subdivision of Saddlebrook Addition, Part Two a 69.75 acre, 4 lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock Blvd and Heinz Road. The motion was seconded by Ehrhardt. Chait said he wanted some clear direction on the connectivity of the streets to the east and the width of Heinz Road. Shannon said he could not see the street being any less than 31 feet wide. He does not believe the narrow streets lower traffic speeds. Shannon said he agreed with staff in reserving two access points. Hansen said he agreed with Shannon. The proposed plan is not consistent with the Comprehensive Plan in regards to private developments with limited access. Ehrhardt said she was unclear on the street width. Going from 34 to 28 feet is quite a drop. Planning and Zoning Commission Minutes August 17, 2000 Page 11 Chait agreed with the connectivity and reserving two access points for future developments. A 31-foot street with parking on one side which would leave less of a travel space than a 28-foot street with no parking. Schintler said they definitely need the second access and that she was in favor of the 31-foot street width. The reason being a drop from 34 to 28 feet is too much. Hansen asked if bike lanes are a given on a 31 feet street. Yapp said for actual lanes to be put in, 31 ft streets are possible, but not given. Parking would not be permitted. Osland said he agrees with the two access points. He does not have a problem with allowing the 28-foot wide street if it were not for the way the 34 foot public street funnels into it. Hartsen said he thought it was a good time to think about whether this would be a good place for a trail. Miklo said that there would be a trail associated with the parkway and there are also 8 foot sidewalks on Heinz Road to the entrance. Hanson said with the increase in the trail system they will see an increase in bike traffic. The Commission needs to think about it. Hansen asked if a bike lane could be put on a 28 feet wide street. Yapp said there would not be enough room on a 28 feet wide street to accommodate bike lanes. Also, the regional trails committee has placed an emphasis on wide sidewalks and trails as opposed to bike lanes for neighborhood bicycle systems. Chait asked if the 8-foot sidewalk could be extended down the street along Heinz Road. Miklo said the city would have to cover the added expense of a wide sidewalk, but it was possible. Chait said the Commission had at least four members in favor of a 31-foot wide street and two street connection to the east. The motion carried on a 6-0 vote. DEVELOPMENT ITEM: Discussion of an application submitted by S & G Materials for a conditional use permit to allow a sand mining operation south of Izaak Walton League Road in Johnson County. Yapp said went over the details of the proposed sand mining operation. The area is located south of Izaak Walton league road and south of an existing sand mining operation owned by S & G Materials. Staff recommends approval subject to the county requiring the implementation of the restoration plan that was submitted with the application. Yapp clarified that the City Council would be making a recommendation to the County Board of Supervisors. Applicant, Robert Barker, 437 Butternut Lane, said he was representing S & G Materials. The staff report is complete and comprehensive and he would take any questions the Commission may have. Planning and Zoning Commission Minutes August 17, 2000 Page 12 Ehrhardt said it would be nice if other areas of the environment would be as well studied and taken care of as in S & G Materials Plan. Ehrhardt asked Barker to clarify a point in the application stating there would be no net loss of water. Barker said that water would be replenished through ground water. Ehrhardt asked if any complaints have been filed against the existing operation. Yapp said he was not aware of any. Several concerns were mentioned when the operation was first proposed in 1997, but he was not aware of complaints since the operation began. S & G Materials agreed to several conditions regarding how it would be operated. Barker said that in the application S & G include signatures of the neighbors showing their approval. Schintler said she enjoyed the report and found the history interesting. Public discussion closed MOTION: Hansen moved to recommend the City Council forward a letter to the Johnson County Board of Supervisors approving the conditional use permit for a sand mining operation proposed by S & G Materials, subject to the restoration plan outlined in the application. The move was seconded by Schintler. The motion carried on a vote of 6-0. CONSIDERATION OF THE AUGUST 3, 2000 PLANNING & ZONING COMMISSION MEETING MINUTES: MOTION: Osland moved to approve. Ehrhardt seconded the motion. The motion carried on a 6-0 vote. OTHER: Discussion of a request submitted by MECCA to amend the zoning ordinance to establish a Drug and Alcohol Treatment Center classification. Miklo said MECCA is considering expanding their current location at Waterfront Drive and Southgate Avenue. They are currently considering a group care facility that limits them to 30 occupants. They ask that staff reclassify them as a nursing facility. Miklo said staff looked at the request and felt they do not meet the classification of a nursing home facility. However. staff does feel there is merit to their request that they are more of an institution than a group home. Ehrhardt asked for a review of the pending list for the Commission. Miklo said the code review and reviewing tree regulations as priority which staff plans to wrap into the code review. Also zoning requirements for schools which staff will have a memo before the commission sometime this fall. Miklo said the last two on the list, permitting Hotels/Motels in the CC-2 zone and reviewing parking requirements for housing for the elderly, have not been undertaken and can also be addressed in the code review project. Staff is in the process of working on the Comprehensive plan for the North District and the review of the Floodplain Management Ordinance could again be done in the larger code review. Ehrhardt asked if staff was involved with the code review at this point. Planning and Zoning Commission Minutes August 17, 2000 Page 13 Miklo said staff was in frequent contact with the consultant and would have a report to the commission sometime in the fall. Chait said the Commission would like to have the MECCA consideration placed on the pending list, preferably sooner than later. Miklo said that Ron Burg from MECCA was present if the Commission had any questions. CONSIDERATION OF THE ANNUAL REPORT: MOTION: Shannon moved to approve the Annual Report. The move was seconded by Ehrhardt. The motion carried by a vote of 6-0. Miklo said the next meeting is canceled due to Labor Day. The next meeting will meet in the Council Chambers informally on September 7, 2000. ppdad,~~0.d~ POLICE CITIZENS REVIEW BOARD MINUTES - August 8, 2000 CALL TO ORDER Chair J. Watson called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey, and J. Watson. Board member absent: J. Stratton. Staff present: Legal Counsel C. Pugh and PCRB Assistant S. Bauer. Chief RJ Winkelhake was also in attendance. CONSENT CALENDAR Motion by P. Hoffey and seconded by L. Cohen to remove "c" from the consent calendar to discuss separately. Motion carried, 4/0, Stratton absent. Motion by L. Cohen and seconded by P. Hoffey to adopt the Consent Calendar: a. Minutes of 7/18/00 meeting b. 7/19/00 Memorandum from Chief re Internal Investigation Log d ICPD General Order - Off-Duty Conduct: Powers of Arrest e ICPD Use of Force Report - April 2000 f ICPD Release: Traffic Stop Demographics g ICPD July Training Report h ICPD Training Newsletter ICPD Training Bulletin 01-01 (WT 00-49) j ICPD Training Bulletin 01-04 (WT 01-03) k ICPD Training Bulletin 01-04 (WT 01-08) ICPD Training Bulletin 01-05 (WT 01-01) m ICPD Training Bulletin 01-0a6 (WT 01-06) Motion carried, 4/0, Stratton absent. c. ICPD General Order - Body Armor P. Hoffey questioned who provides the body armor. The Chief stated the City of Iowa City purchases it. Hoffey, noting that body armor is optional, asked why it was not made mandatory and if there is a liability factor involved. The Chief stated that the Justice Department standards and the accreditation standards allow for either mandatory or optional. If optional, officers are required to have the body armor in their vehicle. Following discussion within the department and review by the legal department, the decision was to make body armor optional but they must have it in their vehicle. Hoffey stated it's a tremendous safety factor for the police officer to wear the body armor, which transcends to the citizen as well; if the officer is safe, then there is more protection to the citizen. If the officer does not wear the body armor, obviously that officer isn't as safe as he or she could be. This is a concern, but not a criticism. Hoffey acknowledges that body armor is uncomfortable, especially in the summer. RECOMMENDATION TO COUNCIL None DISCUSSION WITH CHIEF WINKEHAKE The Board discussed with Chief Winkelhake the PCRB recommendation to the Chief in PCRB Public Report #99-08, and the Chief's response for clarification. One of the allegations in #99-08 was that an officer made inappropriate comments to the press regarding the incident that was subject to the complaint. The Board's Report found that the officer's remarks to the press appeared to be within the guidelines set out in the Policy Manual of the Iowa City Police Department, Section 402.3 RESPONSIBILITY OF OFFICERS TO SUPPLY INFORMATION. However, the Board did add a comment about the policy: "It is the Board's opinion that Section 402.3 of the ICPD Policy Manual is too broad. We agree with the basic premise that police officials should be responsive to requests for information from the public and the news media. However, we recommend that the policy be changed to 1) permit the Chief to designate a primary spokesperson for the Department for issues or incidents that are potentially sensitive or high profile; and 2) more clearly restrict the release of information that is not factual in nature." Regarding the designated spokesperson, Watson stated this is an accepted practice for crisis communication regarding issues or events that could be high profile, controversial or litigious. A spokesperson should be designated and that person be the sole spokesperson for the incident. Watson further stated this is also recommended by media as the best and fastest way to get full and accurate information to the public. Which incidents are considered to be high profile, controversial or litigious is a judgment call. Watson reiterated the Board's recommendation that one spokesperson be designated for that particular incident. Watson explained the "factual in nature" part came out of a comment made by the officer in the press that seemed to impeach the credibility of the complainant. It is the Board's feeling that this type of statement can be prejudicial. It's the Board's recommendation that an officer not give an opinion, especially if it seems critical of a citizen or impeaches their credibility. 2 P. Hoffey clarified that the basis for the concern is that sometimes a comment may be an opinion rather than a fact. Chief Winkelhake said the department has a full-time officer who acts as spokesperson to the media, but that person is only available 40 hours. He therefore encourages other officers and supervisors to speak to the media. "We don't have anything to hide, so we encourage the [officers] to talk to the media." A discussion followed regarding the particular statement made by the officer in PCRB Complaint #99-08, which, to the Board, clearly indicated that the officer believed that the complainant was lying. The Board feels that kind of statement about a citizen's statement in the press doesn't need to be said. The Chief informed the Board that the policy regarding media would be reviewed in September. Representatives from the media will be involved in the review, as well as the department's supervisors and officers and the legal department. The issue of having one spokesperson will be addressed, but the Chief stated, "Quite frankly, I'm not inclined to restrict it to just one person." Watson requested that the Board be allowed to review the policy, however the Chief said the decision would be made within the department. He will follow the same procedure he has followed previously in sending General Orders to the Board. Hoffey reiterated that the intent of the Board is not to restrict information to the media. Whatever information is released should be accurate and factual. SOP Chief Winkelhake recommended that when the Board holds a name-clearing hearing, it inform the officer more specifically what the issue(s) is for the basis of a potential criticism. He stated his motivation for requesting this is that officers routinely don't seem to take part in the name-clearing hearings. After the fact, the officer involved in PCRB Complaint #99-09 said if he had known what the issue was, he would have gone to the name-clearing hearing. Legal Counsel C. Pugh reported on her discussion with Assistant City Attorney S. Holecek about this issue. The procedure now is that the officer is notified that there will be a comment in a report critical of some aspect of that officer's behavior or some aspect of the case. They are not notified of the specific criticism until the actual hearing. If that procedure were to change, it would require a change in the SOP. The 3 Board cannot be compelled to change its procedures. If it does change an SOP, it must be approved by the City Council. Legal counsel suggested that the Board discuss this issue and decide what it wants to do. It needs to come up with a balance in protecting the officer's interest in preparing them [for the hearing], and the Board's interest in conducting their full investigation and satisfying the questions that arise for the Board. P. Farrant stated the officers have routinely declined to come to name-clearing hearing. She doesn't feel the Board should alter its procedure so the officer will be enticed to come to a name-clearing hearing. Chief Winkelhake stated his personal opinion is that he'd like to see the officers come to the Board's name-clearing hearings. P. Hoffey explained there are several things that complicate the matter. One is that the Board is not able to view the officer's statement, so it really doesn't know what the officer has to say. Additionally, the failure of officers to appear at the name-clearing hearing further complicates this. However, Hoffey agrees that if the Board has a criticism of an officer, and it's not in one of the allegations by the complainant, then the officer should be advised of that and given the opportunity to respond to it. Chief Winkelhake stated that he has informed his investigators that the first thing they do is find out what the actual allegations are in a complaint. He also suggested that if there is a question the Board has regarding the officer, that maybe the investigator would know the answer. Legal counsel suggested the Board make a few suggestions as to what it thinks could be a solution to this and have some further discussion. The first step is to decide whether it is in the Board's interest to change the SOP. Chair Watson directed staff to include this issue on the next agenda; staff was also directed to include a copy of the SOP on name-clearing hearings and the form letters in the next agenda packet. VIDEOTAPE The draft of "Purpose of PCRB Video" was discussed and amended to include the word "origin" in the first bullet under intent. 4 When production is started, the Board will appoint a liaison. Watson will prepare a final draft to forward to Bob Hardy. ICPD PPP The Board discussed possible ICPD police, procedures and practices it wishes to review. At the regular PCRB meeting in September and October, a presentation will be made by: · Officer Sid Jackson to speak about the training he received at the Southern Police Institute and report on his project regarding racial profiling; · Officer Jim Steffen to speak about his FBI training. Other issues the Board would like to schedule for ICPD presentations include: · Review of the new media policy · Review one year data on traffic stop demographics · Update by Sgt. Hurd on the accreditation process. NEW BUSINESS None OLD BUSINESS None PUBLIC DISCUSSION Council member I. Pfab acknowledged his appreciation of the Board and stated he has a more realistic understanding of the restraints and limitations the Board has. MEETING SCHEDULE · Special Meeting August 22, 2000 (J. Stratton will be absent.) CANCELLED · Regular Meeting September 12, 2000 · Special Meeting September 26, 2000 · Regular Meeting October 10, 2000 · Special Meeting October 24, 2000 BOARD INFORMATION J. Watson - expressed his thanks to P. Farrant for preparing the Annual Report in his absence. STAFF INFORMATION None EXECUTIVE SESSION Chair removed Item 13 from the agenda. ADJOURNMENT Motion for adjournment by L. Cohen and seconded by P. Hoffey. Motion carried, 4/0, Stratton absent. Meeting adjourned at 8:15 P.M. 5 POLICE CITIZENS REVIEW BOARD MINUTES - August 17, 2000 CALL TO ORDER Chair J. Watson called the meeting to order at 9:00 A.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey, and J. Watson. Board member absent: J. Stratton. Staff present: Legal Counsel C. Pugh and PCRB Assistant S. Bauer. Sgt. B. Campbell and Chief RJ Winkelhake were also in attendance. RESPONSE TO EDITORIAL Board members reviewed the Iowa City Press Citizen editorial of 8/14/00, together with a draft response prepared by J. Watson. Watson distributed copies of his e-mail correspondence with J. Baldwin of the P.C. The board discussed alterations to the response, following which a motion was made by P. Farrant to approve the proposed response to the Press Citizen editorial, as amended, as a guest editorial that represents the opinions of this board. Motion carried, 4/0, Stratton absent. Sgt. Campbell, ICPD public information officer, stated he would be called in if a high-profile incident happened, regardless of the hour. The general practice of the ICPD is that officers do not comment on high profile cases, although they are not directed to do so. ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by P. Farrant. Motion carried, 4/0, Stratton absent. Meeting adjourned at 10:00 A.M.