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Home My WebLink About2000-10-17 Bd Comm minutesMINUTES IOWA CITY BOARD OF APPEALS .... TUESDAY, AUGUST 15, 2000 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Anna Buss, Wayne Maas, Tom Werderitsch, John Roffman, Doug DuCharme, Tim Fehr, Gary Haman MEMBERS ABSENT: None STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Roger Jensen (Fire Marshall), Sarah Holecek (Assistant City Attorney), Terry Goerdt (Building Inspector) OTHERS PRESENT: Attorney Davis Foster, Attorney David Brown (Attorney for Board Examiners), Tim Schroeder, Julie Beasley, Chuck Johnson, W.T. Cooper, Ed Tiegel, Dan Marks, realtor for Beasley CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:04 p.m. CONSIDERATION OF MINUTES: Meeting minutes from were reviewed from the July 10, 2000, meeting. MOTION: Maas motioned to approve with a second by Buss. Motion carried by a 7-0 vote. CONSIDERATION AND DISPOSITION OF REPORT AND PROPOSED DECISION OF THE HEARING EXAMINERS JOHN ROFFMAN, WAYNE MAAS, AND ANNA BUSS ON THE APPEAL OF THE BUILDING OFFICIAL'S NOTICE OF DECLARATION OF DANGEROUS BUILDING AND ORDER TO VACATE AND REPAIR OR DEMOLISH (426 BAYARD STREET) The issue was brought to the table by Roffman. No committee members had questions and the floor was opened for public comment. H.T. Cooper, who lives at 425 Bayard Street spoke. He said he had lived at this address for the past five years. During this time there has been no maintenance on any of the property. The neighbors have occasionally done things like shoveling snow or mow the lawn. It is a very busy street for walking. He and another neighbor had on occasion cleaned it up so that people could pass on the sidewalk. Ironically, ever since it has been uninhabited, garbage has been regularly set out and picked up by the city for the past five-year period. Roffman inquired about the last time Cooper had seen anyone go in and out of the property. Cooper said that he had seen someone in the last couple of weeks. He went on to say since the city made its posting a few months ago it has not been inhabited to his knowledge. Ed Tiegel, residing at 216 McGowan Ave., next door to the Bayard property. He said that they have begun to mow the property since it was infringing on their property. All of the bushes have been chopped back that were running across the sidewalk so that people could pass. This was done by Tiegel and Cooper. He said that in the past couple of months he has seen someone go in during the day. Also, in the past couple of months a car has pulled up and someone went into the house during the night. Iowa City Board of Appeals Minutes August 15, 2000 Page 2 Cooper then added when the windstorm occurred two years ago a large oak tree fell over the sidewalk. It remained there for months and then Tiegel cut it up and put in onto the property. Chuck Johnson said that he probably knows more about this property than anyone. He bought the property and lived there. He said this meeting is not addressing the owner of the property and notice had not been given to the owner of the property. He went on to say that there are a couple of important issues. He said that he is now not the owner, but has an interest since his ex-wife owns it. He is the father of her daughter and they have a common interest in it. The pressure that he has received from the city to do things has been great and he was very angry because he felt he was being asked to do things that he should not have to do. He said that he cooperated to the extent that his personality would allow. Johnson went on to say that Mary Lee, his ex-wife, has also been pressured. She had hired a contractor to repair the property. On June 19, 2000, Sam White was hired and made a permit request. He said the permit was in the file with the money attached until August 14, 2000. Six weeks passed since the application was placed. Johnson said he had gotten conflicting opinions regarding what was done. A forklift was on the site the day that the city staff and Board of Appeals members visited it. Board members and Hennes stated that the forklift was not on the site the day of their visit. Johnson said that if the permit had been granted when the application was filed some action would have been taken and this meeting would not be taking place. White has the permit; he has been paid money and intends to move forward with repairs. Johnson said that he has looked over the report and he finds it punitive to have a deposit required that is 150% of the assessed value. He said that the bar is being raised to the point that no one would be able to perform. He said that it does not serve the purpose. He said that he felt the contractor is capable of performing. Johnson went on the challenge how dangerous the building is. The softits are external to the building. Harry Lewis worked on the roof of the building approximately one year ago. The building is dry inside. The contractor has indicated that there are three sheeting boards that need to be replaced on the north side of the roof. Roffman inquired where Mary Lee resides. Johnson indicated that his ex-wife is in Saudi Arabia. Johnson indicated that all of his daughter's apartment belongings have been deposited into the living room. Holecek commented on Johnson's statements. She pointed out that he had indicated that the city had not provided notice to the actual owner of the building. Holecek stated that when the building was placarded as a dangerous building Mary Lee was noticed. However, she was not the party who appealed. Lewis Investments made the appeal and they furthered this procedure. Holecek went on to address the building permit application that was made in June. When Mr. White came in to apply for the building permit he stated that the cost to repair the building would be $1000. Given that the property that is being discussed meets the criteria of a dangerous building the application seemed woefully inadequate for the work that needed to be done on the building. At that time Hermes requested that White bring in more detailed plans to quantify the permit. This is the reason the permit was not issued at the time of the request. Hennes concurred with Holecek's statement. Hennes said that the permit was for soffit repair only, and staff felt that $1000 was inadequate to repair the softits given the state of the disrepair. Staff simply asked for the copy of the estimate which was brought into the city office on August 14, 2000, to receive the permit. Iowa City Board of Appeals Minutes August 15, 2000 Page 3 Johnson then stated a roofing contractor has been contacted. On this particular type of building the softits are shingled right along with the house. They have to be repaired before the roof is stripped. Johnson said the roof does appear to be in sad shape, but was not leaking in May. White did check the sheeting and there were no leaks. Werderitsch noted that there were more issues than the roofing and the softits. He said that the city needs Mary Lee's address so that she can be contacted regarding theses issues. He said that someone needs to take hold of this project. Johnson stated that he does not have financial interest in this property. Johnson then addressed the lighting issue. City staff member, Pat Hansen, had noted that there was a can that was utilized for electrical purposes. Johnson explained that in 1977 there had been plans for a low voltage lighting system under the softits. He said that the can is not connected to anything. Maas commented that there is other wiring issues related to the house. Cooper noted that there has been a tarp on the roof for the past five years. He said that he could only assume that someone knew that the roof was inadequate five years ago. Roffman stated that he was one of the board members that inspected the property. He said that he felt it was repairable and the owner ought to have the opportunity to do that. If the repairs would not be made then the property needs to be torn down. The only thing that the Board wants to see is that there is a plan in place and that someone would take financial responsibility for the work. Roffman stated that his position is that he would be willing to reduce the bond amount, but that a bond is necessary. Attorney Brown noted that he is special legal counsel for the Hearing Examiners Committee and Board. He stated, Attorney Diaz faxed a letter to city staff on this day stating that he is requesting a continuance of the hearing due to a scheduling conflict. Procedurally the Board needs to address this issue. Brown noted that Diaz appears only to be taking issue with the performance bond. Werderitsch questioned the ownership. Brown said that this is at issue. The city did notify every possible party who may have interest in this issue. The city also published a legal notice in the newspaper. Lewis Investments is the only one who has filed an appeal. Holecek stated that Lewis Investments is the vendor on the contract for Mary Lee. Holecek indicated that she felt very comfortable that every associated party had been notified properly. Buss noted that she has reviewed the file in detail. It appears that the city has been going around and around on this case. She felt that the Board needed to move ahead. Werderitsch inquired if Lewis Investments was ultimately responsible for the repairs. Holecek said that remedy lies within the property itself; not the owner. Action will be taken against the property. She said this action puts the city in the position of being able to make the repairs or demolish it and assess the expense to the property. Holecek also spoke regarding the performance bond. She said that the guarantee could take other forms than just cash. One could obtain a letter of credit that generally is between one and three percent of the principal for which the letter is issued. It could also be done by a certificate of deposit. This does not mean that the liquid cash would be tied up. Iowa City Board of Appeals Minutes August 15, 2000 Page 4 Johnson argued that this would be difficult for Mary Lee since she is out of the country. He also said that given the condition of the property it would be difficult to use it for the bond. Johnson suggested that the action be continued for thirty days so that Diaz may attend the meeting. Werderitsch inquired about Iver Cairns association with the property. Attorney Foster spoke and stated that Mr. Cairns had purchased Hawkeye State's Mortgage on this property and he is involved in a lawsuit with Mr. Johnson and Lewis Investments. The claim of the lawsuit is that Mr. Johnson really is the owner of the property. Mr. Cairns has a judgment against Mr. Johnson and if he should win this lawsuit he would execute on the property. The Board agreed to move forward on the case on this day. MOTION: Maas motioned to move forward with the condemnation as written in the proposed decision as presented by Attorney Brown with an amendment to reduce the performance bond to 100% of the assessed value of the property. Buss seconded the motion. The motion passed on a 7-0 vote. REQUEST FOR MODIFICATION OF SECTIONS 310.6.1 CEILING HEIGHT, 1003.3.3.2 STAIR WIDTH, 1003.3.3.3 RISE AND RUN, AND 1003.3.3.4 STAIR HEADROOM (221 LOWELL STREET) Hennes stated that the issue is that the current owner, Tim Schroeder, remodeled the home. Schroeder did a bathroom re-design on the second floor. However, it does not meet the ceiling requirements as it is at 6'5-¼" and the requirement is 7'. The area is finished and had been permitted in 1967. Schroeder is requesting that the building should be allowed to remain as-is. He apologized for this coming to the Board after the fact. It now must be addressed, as there is a sale pending. Hennes suggested that perhaps an affidavit of use be used in this case. This would be recorded and go along with the title. This would not allow for the upstairs room to be sold as a bedroom since there is no egress window. Schroeder noted that the window does have a removable sash. Realtor Marks spoke and stated that use of the upstairs is essential for Beasley as she works out of her home. Beasley stated that if the affidavit of use would be required stating that the upstairs could not be used as a sleeping room it would not prohibit her from purchasing the home. Schroeder said that the windows are Marvin Windows. He did double the width of the window, but did not increase the height. Hennes noted that the affidavit of use could state that if the window size was changed then the room could be used for a sleeping room. Roffman confirmed that this case met the criteria of the Uniform Building Code. It is not feasible and is impractical to make the changes for this area to meet the requirements of the Code. MOTION: Haman moved to allow the area to remain as is with an affidavit of use being required. The upstairs room may not be used as a sleeping room unless the window is expanded to meet escape and rescue requirements. Maas seconded the motion and it passed on a 7-0 vote. Iowa City Board of Appeals Minutes August 15, 2000 Page 5 OTHER BUSINESS: Maas noted that he had presented Hennes with information on educational programs available for the testing on smoke alarms. ADJOURNMENT Buss moved to adjourn the meeting with a second by Werderitsch. The meeting adjourned at 5:12PM. o man, hair submitted by Le Ann Dunne-Tyson hisbig/rain/boaS-15-00 doc 10-17-00 AePf VED IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS August 22, 2000-7:00 MEMBERS PRESENT: Diane Martin, Charles Major, Joan Jehle, Mettie Thompulos, Mary Larew, Janice Simmons-Welbum, Maureen Howe, Jan Warren MEMBERS ABSENT: Rick Spooner STAFF MEMBERS: Heather Shank, Laz Pittman 1. CALL TO ORDER: Jan Warren called the meeting to order at 7:05 p.m. 2. APPROVAL OF THE MINUTES: MOTION: Simmons-Welburn made a motion to approve the minutes. Larew seconded the motion. The motion was carded by a vote of 8~0. 3. RECOMMENDATIONS TO COUNCIL: The Iowa City Human Rights Commission (HRC) recommends the Iowa City City Council approve a revision in the Human Rights Ordinance, Section 2-3-2A to read as follows: "It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, of any place of public accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age." The HRC felt the change was necessary because under the law as it currently stands, senior citizen's discounts and other discounts and accommodations of this nature are possibly illegal. 4. NEW BUSINESS: Recommendation on accessibility committee. Shank received a memorandum from the City Manager. The memorandum requested the Commission make a recommendation as to whether it believes an advisory committee of persons with disabilities ought to be formed to provide input to the City on capital projects and programs. The memorandum also stated that until recently there was a Council of Disability Rights and Education (CDRE) attended by City staff. The CDRE was responsible for providing information and education to the public about disability issues. The group folded due to lack of interest. Martin, Warren, and Simmons-Welburn inquired as to purpose of the committee. Shank stated the function of the committee would be advisory. Members of the committee would bring a different perspective to projects and programs individuals without disabilities may not be able to provide. Warren expressed concerns about the committee's liability. Shank stated that she believed the advisory group would not be held legally responsible for their recommendations. Shank explained that the Commission was being asked to consider whether it believed the advisory committee was necessary for capital projects and programs given the present legal steps that must be followed. Warren said she would advise that the City must make an effort to include persons with disabilities in projects in some form appropriate to the project and this did not necessarily mean an advisory group. MOTION: Diane Martin moved that the Commission send the following statement to the City Manager: "The prime concern of the Human Rights Commission is that the community of people with disabilities be consulted when capital City projects or programs are being planned. That consultation could take varied forms including formation of a committee for a specific project or consultation with existing groups or individuals on a case-by-case basis. The commission feels that these insights are invaluable to the planning process." Thompulos seconded the motion. The motion was carried by a vote of 8-0. Co-Sponsorship request: Iowans 'for Peace in Iraq. Warren addressed the letter in the packet from a group called Iowans for Peace in Iraq. The author of the letter wanted to know whether the HRC would co-sponsor two programs in which the speakers would address the impact of the sanctions on the children of Iraq. Warren asked what kind of support the group was requesting. Shank indicated that the group was looking for donations but would also accept a letter of support, co-sponsorship or the publication of their events. Howe stated she thought a letter of support would be good. Major inquired as to whether or not the person speaking was going to knock the United States for getting involved in Iraq. Shank and Warren explained that the economic sanctions and the death toll among children were the topics to be discussed. Major was provided with additional information regarding this issue. MOTION: Howe made a motion that the Commission writes a letter to support and co-sponsor the event. Simmons-Welbum seconded the motion. The motion was carried by a vote of 8-0. 5. OLD BUSINESS Discussion re: age as a protected category in Public Accommodation section of HRC Warren asked whether anyone had thought of any downsides to removing age from the HRO as a protected category since the last meeting. Martin said she thought that an amendment leaving age in there but allowing discounts based on age would be a good idea. If this was adopted then any potential downside to removing age would be avoided. Shank pointed out the Cedar Rapids Civil Rights Ordinance included in the packet provides that exception to the law under the public accommodation category. MOTION: Martin moved that the Commission amend the Iowa City Human Rights ordinance section 2-3-2A to read, "It shall be unlawful for any person to deny any other person the full and equal enjoyment of the goods, services, privileges, facilities, advantages, or any place of public accommodation because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. This section shall not apply to discounts for services or accommodations based upon age." Simmons-Welburn seconded the motion. The motion was carried by a vote of 8-0. MOTION: Larew made a motion that the Commission recommend to Council that it approve the above-cited revision. Howe seconded the motion. The motion was carried by a vote of 8-0. Breakfast Shank indicated that breakfast tickets were ready for sale. Warren inquired about award nominations. Shank indicated that, at the present time, three had come in, two in the business category. Warren discussed the award committee. She believed the HRC had previously discussed who was to be on it. Martin was not sure they had so Warren said she would look into it. Posters/ribbons Shank updated the Commission on the status of the ribbons and posters. The ribbons are all done. Commission members are to attach a ribbon to each of the posters they had previously received. 6. REPORTS OF COMMISSIONERS Howe brought the information that she forgot at the last meeting from the Iowa Civil Rights Commission regarding the training she attended in Davenport. Martin mentioned the article in the Press Citizen that addressed the human rights education conference. She indicated that she thought it was very nice. Major said that he was disappointed in the City High hat removal policy. He said he wished that they would have either, left the policy like it was or implemented the new policy throughout the school district. He said he felt that the reasons for the policy were not very clear. Jehle asked that the members take time to read a speech that Faith Wilmot had delivered at the May HAART annual meeting that Jehle asked to be included in the packet. Jehle believes it is an example of why we should all speak up when we see or experience an act of discrimination. Jehle believes that Faith Wilmont is a very valuable resource to our community. Larew announced that AFSCME joined the Iowa Civil Liberties Union in filing amicus curiae brief in support of Vilsack's Executive Order. 7. STATUS OF CASES Shank indicated that steps are being taken to schedule the public hearing in the case the Human Rights Commission has previously discussed. The conciliation in the separate case has been postponed until the complainant is able to meet with her attorney. Team B has an appeal. 8. ADJOURNMENT MOTION: Thompulos moved to adjourn the meeting. Jehle seconded the motion. The motion was carried by a vote of 8~0. The meeting was adjoumed at 8:37. IOWA CITY HUMAN RIGHTS COMMISSION IOWA CITY CITY COUNCIL CHAMBERS September 26, 2000 MEMBERS PRESENT: Diane Martin, Charles Major, Joan Jehle, Mary Larew, Maureen Howe, Jan Warren Rick Spooner MEMBERS ABSENT: Janice Simmons-Welbum, Mettle Thompulos STAFF MEMBERS: Laz Pittman 1. CALL TO ORDER: Jan Warren called the meeting to order at 7:03 p.m. 2. APPROVAL OF THE MINUTES: MOTION: Larew made a motion to accept the minutes with revisions. Major seconded the motion. The motion was carried by a vote of 7-0. 3. RECOMMENDATIONS TO COUNCIL: 4. NEW BUSINESS: Jan Warren read a letter written by Janice Simmons-Welburn announcing her resignation from the HRC for the City of Iowa City. New work demands are not going to allow Simmons-Welburn to give the Commission the attention she feels it deserves. 5. OLD BUSINESS: Dates Council will consider of revision of Ordinance Pittman was not sure of what dates the council was going to consider the revision. She said that she would let Warren, Thompulos and anyone else interested in attending, know the date set for the meeting. Members may attend this meeting in order to show support for the revision. Breakfast- choose nomination committee Martin discussed the schedule that the nomination committee would be facing to enable Commission members to decide whether or not they would be available. Friday October 13th the committee members would need to pick up the nomination papers. That evening, or Saturday the 14th' the group would need to meet because the decision is needed by Saturday afternoon in order to complete press packets and trophies as needed for the breakfast. Howe inquired as to whether or not the committee members would be able to obtain the nominations that have been received so far in order to lessen the load when the group meets. Pittman agreed that was a good idea. Jehle asked if Pittman would suggest that and Pittman agreed that she would. The Commission agreed that Jan, as the chair of the HRC, should be on the committee. Jehle volunteered to be on the nomination committee as did Spooner and Howe. The committee is going to meet at Jehle's house at 3:00 on Friday, October 13th. Posters/Ribbons- update (need at least 200 posters with ribbons for breakfast) Warren asked Jehle if HAART would help with making ribbons. Jehle said that they had met that day, but that she would help finish the ribbons. Warren inquired about what to do if there were not enough ribbons by the breakfast and Jehle assured her that there would be enough. Warren updated the HRC on the Iowan's for Peace in Iraq. She finished the letter and got it to them. She said that those events had already taken place. Warren asked about the public hearing and Pittman replied that it had been moved to January. Martin and Warren both inquired into what the scheduling of the hearing was going to be. They wondered if it was going to take the full three days that had been set aside. Pittman replied that it could potentially take the entire amount of time set aside. Pittman collected HRC Breakfast ticket money from those commission members that had it and said that she would get back to members regarding the official date money was due in. Pittman reported that complainant in the appeal discussed at the last meeting is still unsure of whether or not s/he is going to request a hearing. 6. REPORTS OF COMMISSIONERS: Howe discussed a situation in a Virginia gay bar where a man entered and opened fire. One person died and six people were injured. Warren commented that her favorite part of reading about it was that they were investigating the "possibility" of it being a hate crime. She wondered why entering a gay bar and killing gay people wasn't clear enough. Major reported that, along with Heather, he went to the Coralis Moody dinner. He talked with people at the dinner and then went to the meeting afterward. He thought it was really nice and that Iowa City represented itself well. Afterward, the Administrative Law Judge approached him and said that she was very impressed with Iowa City's HRC. He told her it was a team deal including Heather Shank, her staff, the City Council, and the city manager. She told him that there is a lot to be proud of, it is one of the best in the state. Major also discussed the date of release from police stops. He reported that 2% of the population in Iowa City is black and 8% of the stops were black. Larew discussed the Homeless Children's Trust which is an offshoot of HAACAP. She is the chairperson this year and wanted to invite all the members to volunteer. She reported that last year they had 108 kids at the Christmas party and are in need of people to help entertain children at the Moose Club while their mothers shop with money given to them by the Homeless Children's Trust. Spooner stated that he was going to comment on the event that Howe discussed. He also wanted to let members know that he was glad to be back. Jehle reported that she also went to hear Coralis Moody speak. Jehle thought that some of the questions were tough. She reported that HAART was going to spend most of a Saturday setting goals. Jehle then told of an interview with Carrie Kennedy Quomo discussing a new book she had written called, Speak Truth to Power. The book discusses Human Rights abuses and violations all around the world. Jehle believed that they were all violations against woman that Quomo used. Jehle also discussed a Sexual Conduct Exclusion included in her homeowners' insurance policy. She read the Exclusion to the committee and most felt she should try to get more information regarding it. Warren reported that Governor Vilsack is looking to bring in, she believed, 150,000 immigrants in to fill up some of the work shortage in Iowa. Warren felt that it could potentially have some impact on some of the Commissions around the state at least in the future. 7. STATUS OF CASES: Warren reported that the status of cases is very good news. The Commission is up to 1998 and will soon be up to 1999. Pittman reported that she would make copies of the Fiscal Year 2000 Annual report for HRC members who wanted them. 8. ADJOURNMENT: 10-17-00 MINUTES THURSDAY, SEPTEMBER 7, 2000--3:30PM CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Nancy Purington, Rick Fosse, Gary Nagle, Terry Trueblood, Sandra Hudson, Karen Michaeli MEMBERS ABSENT: Emily Vermillion STAFF PRESENT: Karin Franklin, Marcia Klingaman, Joyce Carroll OTHERS PRESENT: Larry Eckholt, Jack's son Timothy CALL TO ORDER: Purington called the meeting to order at 3:35pm. RECOMMENDATIONS TO CITY COUNCIL: That Article III. Membership, Section I. Qualifications be amended to establish nine (9) members for the Committee, with at least three (3) art or design professionals being appointed by the City Council. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. INTRODUCTION OF KAREN MICHAELI: Purington introduced the new committee member, Karen Michaeli. Michaeli works for'the Chamber of Commerce and is the Arts/Business Partners staff person at the Chamber. PRESENTATION BY TOM MULLER OF A SCULPTURE PROPOSAL: Tom Muller presented ideas for two bronze sculptures of local figures, one being a standing sculpture of Irving Weber pointing out an historic building and one being of Paul Engle sitting on a bench reading a book. Muller indicated he is very excited about the possibilities of these projects and that he has found enthusiastic support in the community. Muller had done some research on the cost and possibility of the sculptures being designed and cast locally at the Maxon Foundry. Purington expressed her desire to know if there was support in the community. Muller responded that there was. Nagle inquired if Muller was proposing one or both of the sculptures. Muller stated he wanted both. Discussion followed of whether this project was being requested for funding from the public art allocation. Muller hoped it would be a combination of funding from public and private sources. Hudson moved to create a subcommittee to look into the specifics of this project and report back to the full committee; Nagle seconded. The motion carried unanimously. Discussion followed of the process for obtaining a design and the cost. Concern was raised of engaging someone who could adequately represent the subjects of the sculptures. Muller and Purington suggested that commemorating people from the community would be of benefit. Jack's son Timothy, an Iowa City artist and bronze caster, raised the question of who the committee wanted to represent the community and suggested ways in which the work of the sculpture project could be divided among artists and artisans. Larry Eckholt called the committee's attention to an article in the New York Times about the debate that can surround such a project, referencing the discussion of the Arthur Ashe statue. Purington, Hudson, and Nagle volunteered to serve on the subcommittee to investigate this project. CONSIDERATION OF THE MINUTES OF JUNE 29, JULY 11, AND AUGUST 3, 2000. Hudson pointed out that the missing name in the August 3rd minutes was Nan Towner. Trueblood moved and Nagle seconded to approve the minutes with the correction noted; motion carried 6-0. DISCUSSION OF THE PROPOSED BY-LAWS CHANGES Purington indicated she has requested this be put on the agenda. She explained some of the history of the formation of the committee and that she, with others, worked with the Chamber Arts committee to suggest a public art program be established in Iowa City. At that time a larger committee was recommended but a seven-member committee was established. At this point, on the seven- member committee there are two art professionals and three members'of the public, with the remaining positions being ex officio for City staff. Purington expressed the desire to have an additional art professional on the committee. She cited the time when Stephen Perkins was on the committee and how his opinions balanced nicely those of Purington and Vermillion. She felt it appropriate to have that balance again. Franklin pointed out that currently the by-laws permitted at least two art professionals. She indicated that when Purington suggested the change to her she noted the desire to have non-arts professionals representing the general public on the committee also. Franklin noted that a change to nine members would result in seven appointments by the City Council. Nagle pointed out that there were not a lot of applicants for positions on the committee when positions were advertised. He felt, from his experience on the Design Review Committee, that community representation was very important; he indicated that he was the only architect on Design Review at the time. Trueblood also noted that with the current language the Council could theoretically appoint seven artists to the Committee. The issue was raised of whether the language should be changed to clearly indicate the desire for a community member. Franklin reviewed the Council discussion the last time the by-laws were amended and that the Rules Committee of the Council had intentionally left the language flexible to allow more art professionals. Discussion followed of the need for community representation, of how that was met in part by the selection panels for each project. The group also discussed attendance at the meetings and the opportunities for broader input derived from a nine-member committee. Purington moved and Hudson seconded a motion to amend the by-laws to increase the number of Committee members to nine and to require the appointment of at least three members from the art professions. Motion carried 5-1 (Nagle voting no). DISCUSSION OF PEDESTRIAN MALL SCULPTURE COMPETITION: Purington stated that she had asked Franklin to bring the slides the artists had submitted with their original response to the Call to Artists, but didn't feel the need to review them any longer. Hudson suggested it might prove beneficial, especially to Michaeli. Franklin reviewed the slides with the committee, connecting the proposals submitted to the work being reviewed. The committee compared the proposals to what they had found attractive in each artist's work. Franklin reviewed the schedule for further consideration of this project, pointing out that the works would be displayed in the public library from th Sept. 18 to the 28th. On the 28th, a public meeting was scheduled in Meeting Room A of the Iowa City Public Library at 7:00pm. Hudson indicated a desire to have notes on each one that had movable parts so that people were aware of the safety issues. Franklin pointed out that there would be a comment sheet this time, not a ballot. Purington stated that the 28th would be another opportunity for public discussion. She suggested the Committee reconvene on the following morning, the 29th, tO make a decision. Discussion followed as to an appropriate date, with the group concluding that Monday, Oct. 2nd would be the best time. Jack's son Timothy questioned the process and inquired what had happened since the Call had gone out for sculptures for the pedestrian mall with funding of $11,000. Franklin explained the history of the two Calls and the process to date. Timothy was concerned about the lack of Iowa City artists and the apparent exclusion of them from the competition. Frankin explained the database and the slide registry and the effort of the program to build this resource, but that current information was necessary. She pointed out that the Call had been sent to all sculptors in the database as well as to arts organizations. Purington stated her concern that Iowa artists be given adequate opportunities in Iowa. Hudson pointed out the opportunity that would arise with the fifth pad on the pedestrian mall and the committee's intention to have a rotating exhibit of Iowa artists. DISCUSSION OF THE INSTALLATION OF THE "EPICENTER" SCULPTURE: Purington asked Eckholt to explain the genesis of Epicenter. Eckholt related the history of the concept and indicated the group had obtained an NEA grant for a sculpture to focus the concept. The piece that was chosen was a commissioned work volunteered by Justine Zimmer, one of her "tornadoes". This would be the first piece displayed on the "Iowa artist" pad. Franklin asked who would own the sculpture. Eckholt responded that there was the grant and Zimmer had agreed to donate the in-kind match required. Also, $1700 of public art money had been discussed with the Committee previously. Eckholt felt the sculpture could be gifted to the Iowa City Public Art Program. The ownership was unclear. Franklin indicated Zimmer had approached her regarding securing the sculpture to the pad and that construction of the sculpture was proceeding. Franklin expressed her concern that the Committee formally accept this sculpture and that it be handled properly through the City Council, that arrangements regarding the rotating exhibit be clear and that the Council approve any expenditure of public art money. It was decided that Eckholt and Franklin would discuss this issue further and iron out a proposal for the Committee. OTHER BUSINESS: Franklin called the Committee's attention to the annual report in their packets. She also announced the event, "Voices from the Prairie", to be held Sept. 15th on the Pentacrest at 3:00 pm. At this event, the Mayor and Purington would unveil a drawing of one of the first bronze plaques for the Iowa Avenue Literary Walk. Meeting adjourned at 5:35pm. Minutes submitted by Karin Franklin. THURSDAY, SEPTEMBER 28, 2000 ~ IOWA CITY PUBLIC LIBRARY- ROOM A MEMBERS PRESENT: Nancy Purington, Rick Fosse, Emily Vermillion, Sandra Hudson, Terry Trueblood, Gary Nagle MEMBERS ABSENT: None STAFF PRESENT: Karin Franklin, Marcia Klingaman OTHERS PRESENT: John Hudson, John Kenyon (Iowa City Gazette) CALL TO ORDER Purington called the meeting to order at 7:10 P.M. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA NODe PRESENTATION OF SCULPTURE PROPOSALS FOR THE DOWNTOWN PEDESTRIAN MALL Purington noted that the sculpture proposals for the Downtown Pedestrian Mall had been on display for the past several weeks at the Iowa City Public Library. While no one was present for public comment, staff did provide to the committee eleven pages of public comment that were made during the viewing period. The committee will meet on Monday, October 2, 2000, to make the final selection of the sculptors to perform the work. ADJOURNMENT Trueblood made the motion to adjourn the meeting and it was seconded by Hudson. The meeting adjourned at 7:13PM. Minutes submitted by Le Ann Dunne-Tyson. ppddir/min/a~lg-28-OO.doc MnNUTES 4 nOWA'CnTY PUBUC ART ADWSORY COMMnTTEE Subject to Pproval MONDAY, OCTOBER 2, 2000 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Nancy Purington, Rick Fosse, Terry Trueblood, Sandra Hudson, Gary Nagle MEMBERS ABSENT: Emily Vermillion, Karen Michaeli STAFF PRESENT: Karin Franklin, Marcia Klingaman RECOMMENDATION TO CITY COUNCIL: That Christop Spath be commissioned to provide Solar Marker II and a very close variation of Balance for the North pads, by a vote of 5-0. That Jazz be commissioned for the west pad, by a vote of 5-0. That The Ties that Bind be commissioned for the east pad, by a vote of 3-2 (Purington & Hudson voting no). CALL TO ORDER Purington called the meeting to order at 9:00 AM. CONSIDERATION OF A RECOMMENDATION FOR SCULPTURE FOR THE PEDESTRIAN MALL Purington suggested that the slides were available from the original presentation if members wished to view them again. She stated that Rick Fosse compiled a summary of the .11 pages of comments received from the public during the most recent display at the library. Nagle asked about the process for selecting pieces. It was determined that the selection process would be determined by pad site. The funding level was also discussed. Franklin said $200,000 was available over next two fiscal years. She suggested that one or two pieces of artwork could be purchased immediately and others could be commissioned. Franklin explained that the Literary Walk used the same fund and work is proceeding on the project as well. Hudson expressed concern about the visibility of each pad. She explained that some pads allowed for larger sculptures while others needed a more intimate setting. Nagle did not see a problem in visibility with any of the pads. Purington made a general statement suggesting she was not pleased with the translation of information provided to the artists and the resulting artwork. NORTH PAD JONATHAN BONNER - Bird and E.qq - Purington suggested the original attraction to Bonner by the committee was due to the "kinetic" nature of his work. This was not portrayed in his entries. Terry Trueblood recommended that Jonathan Bonner be eliminated as he did not care for his entries and neither did the public. All agreed. TOM ASKMAN AND LEA ANNE LAKE - Moments Chanqinq/Enspiraling Iowa - Fosse was concerned about vandalism by the late night crowd for both pieces. Purington suggested Enspiraling Iowa's use of an armillary was attractive but details were disturbing. CHRISTOPHER SPATH - Solar Marker l and II - Both Purington and Trueblood recognized the popularity of the sculptures by the public. When asked about an architectural perspective 2 regarding the need for two similar markers, Nagle suggested he would not be concerned with a single marker and actually preferred that option. The committee viewed the slides provided by Spath for their initial review. Hudson suggested she liked both Markers I and II. Fosse suggested same and did not see anything that he cared to pair with just one marker. Purington suggested that she perceived more contrast in other works by Spath, as there was very little difference between the two markers except the capitals. The location of and distance between the two North pads was discussed. The redundancy, cost and uniqueness of two pieces were discussed. Purington suggested they each were basically doing the same thing and she only needs to see one. Fosse expressed concern about type of sunlight in the area throughout the day. Trueblood expressed concern about varying the design of piece considerably due to the amount of public input solicited for all artwork. The committee decided to assume Spath would be providing one or two pieces. CLARK WEIGMAN - Story - The general consensus was that his entry was a disappointment compared to his artwork that was displayed during the initial+ selection process. EAST PAD JANE DEDECKER - A Day in the Woods and The Ties that Bind - Purington proposed that all consideration be delayed for figurative cast bronze works until after discussion of Tom Muller's proposal for other figurative bronze on the pedestrian mall. Muller's proposal included two bronze sculptures of local residents being created for the Pedestrian Mall. Purington suggested that even though the committee made a commitment to the community to offer a variety of different types of sculpture, she was concerned that there would be excessive amount of figurative bronze. In checking with local bronze casting companies for local artwork, the cost for the locally recognized figures would be comparable to the artist's sculptures currently being evaluated. Trueblood disagreed, as two of the most popular choices by the public would be discarded. Trueblood expressed concern about delaying the process again. Purington stated she was concerned with the limited funds that are available and the Muller proposal could not be funded. Franklin stated that she understood the Muller proposals would be largely privately funded and not necessarily on the pedestrian mall. Purington suggested that she would vote no for all bronze figures but prefers local bronze work concept. Fosse suggested that the committee work through the process as planned and vote on existing pieces. Purington stated she would vote no on Jane Dedecker's pieces. Ties that Bind was considered to be the preferred of the two by Fosse, Nagle and Trueblood. Hudson and Purington did not prefer either piece. DON MITCHELL Weatherstation - Fosse expressed concern over safety and climbing potential. The lower propeller was at head height for young children. Placing a flexible surface underneath the sculpture invited climbing. Trueblood and Hudson agreed with safety issue. Hudson suggested the playground was already a "sculpture" and artwork on the playground pad should not compete with it. Everyone agreed that they wanted to climb the sculpture. Nagle suggested that another location might be considered away from the "bar" environment. Trueblood suggested it would still need to be in a supervised location. ESTHER WERTHEIMER - Children at Play with Hoops - Nagle stated he was disappointed with the scale of figure and the committee discussed the cost to commission a larger version. Hudson discussed safety issue of pointed feet and hands. Purington suggested hanging on hoops looked attractive. The material and strength of hoops was discussed. It was decided the hoops were made of bronze. It was determined that enlarging it to eliminate safety/stability issues would cause it to be more expensive. Trueblood was concerned about the popularity of this sculpture with the public and then eliminating it. Hudson suggested that the committee needed to reevaluate the screening of submissions prior to putting them before the public. It was decided that the piece would remain in the list of considered artwork pending answers to some questions. 3 WEST PAD GARY ALSUM - Jazz and Grandpa's Workbench - The committee decided that Jazz should remain in the running. The public liked Jazz. The potential for locating Jazz on the North Pad was discussed. BILLY AL BENGSTON - Untitled Blue Abstract - The committee suggested they were disappointed in the entry as the a~tist did not provide to them what they were originally attracted to in his artwork. ROBERT ELLISON - Untitled Red Abstract - The committee agreed that they did not receive from the artist an entry similar to what they had seen in his original submittal package. ROBERT GEHRKE - Affinis Cumulus - The committee determined that there was some support to keep the piece in the list of those being considered but not enough to keep under consideration. The committee than discussed the process to determine final selection. There were five pieces of artwork still under consideration; Ties that Bind, Solar Markers (2), Children at Play with Rings, and Jazz. Purington asked Hudson to explain her concern of visual sight limitations for the pads and how this should be considered. It was decided that the North Pad was the most visible because it was in a more public space because Washington and Dubuque intersect at that location. The availability of funds to purchase these sculptures was discussed. Franklin stated there are funds available to purchase two sculptures immediately although all pieces could be commissioned at this time. Franklin suggested the committee should focus on selecting the artists at this time and discuss timing of acquisition later. NORTH PAD - Trueblood suggested there were three options for the North Pad; commission the two existing designs, commission one but redesign another or commission one Solar Mark and have another artist commissioned for the other pad. MOTION: Purington moved that Christopher Spath be commissioned to provide Solar Marker II and then provide a very close variation of Balance ~a design by Spath in a slide provided by the artist) for the other pad. Trueblood seconded the motion, with the motion passing on a 5-0 vote. Hudson suggested she was pleased with this decision, as Solar Markers was the number 1 choice of the public. WEST PAD - It was decided that the West Pad should be the next priority location as there were not many .attractive features to this area and it needed the artwork more than the east pad which already had the playground "sculpture". Nagle suggested that the area was not a "fun" area. and needed something "fun". Children at Play with Hool~s was discussed for locating on the West Pad. It was decided that this sculpture would be too fragile for this location due to the bar crowd. Trueblood suggested that the sculpture be removed from consideration due to fragility and size issues. Although' Purington suggested she loved the piece, she would agree. MOTION: Nagle moved that Jazz be commissioned for the West Pad. Purington seconded with the motion passing on a 5-0 vote. 4 EAST PAD - It was decided that the Ties that Bind was the only sculpture left for consideration and that it would be very appropriate for the playground location. MOTION: Nagle moved The Ties that Bind be commissioned for the East Pad. Trueblood seconded. Hudson and Purington expressed concern with the amount of figurative bronze that would be on the Pedestrian Mall. They suggested they would prefer to open up the competition again at the time funds were actually available for the site. Nagle and Trueblood felt that Ties that Bind fit in nicely and did not compete with the playground. Fosse agreed. The motion carried on a 3-2 vote (Purington and Hudson voting "no". Purington thanked everyone for participating in the process and hoped that the committee did what was best for the community. Meeting adjourned at 11:35 AM. ppddir\mins\l O-2art.doc MINUTES IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, JULY 24, 2000 - 5:30 PM CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Betty McKray, Cathy Weingeist, Jim Pusack MEMBERS ABSENT: Terry Smith, Steve Hoch STAFF PRESENT: Drew Shaffer, Dale Helling, Andy Matthews, Bob Hardy, Mike Brau OTHERS PRESENT: Beth Fisher, Kara Logsden, Jason Livingston, Rene Paine, Phil Phillips RECOMMENDATIONS TO COUNCIL The Commission voted to recommend to the City Council to approve the name change of the Government Channel to the City Channel. SUMMARY OF DISCUSSION The Commission voted to approve the funding recommendation from the Community Television Group. In future years the Commission requests more information on the proposals, including those not funded and the expected outcome of the funded projects. Matthews reported that a recent court ruling that cable modem service is not a cable service has made the development of a customer service ordinance covering cable modem service more difficult to develop. Additional research will be needed. Pusack and Weingeist said the name change of the Government Channel to the City Channel has a more user-friendly, inclusive character. McKray said when she thinks of channel 4, she thinks of the Coralville Council meetings, Johnson County Board of Supervisors meetings-a channel with a broader, more expansive scope, and as such, would prefer the name to remain the Govemment Channel. The Commission voted to recommend to City Council to approve the name change of the Government Channel to the City Channel by a vote of two to one. APPROVAL OF MINUTES Weingeist moved and Pusack seconded a motion to approve the June 26, 2000 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS McKray apologized for missing the last meeting. A tree limb had fallen on her house. SHORT PUBLIC ANNOUNCEMENTS None. COMMUNITY TELEVISION GROUP FUNDING PROPOSALS Logsden noted the funding proposal summary included in the meeting packet. Logsden said the funds make a significant difference for the access channels. Weingeist said the CTG should be commended for their ability to work cooperatively in developing the recommendation. Pusack asked about the plans for the funds allocated to outreach. Logsden said the $650 will be used for a booth at the Business Fair held in March at Carver Hawkeye Arena. Hardy said that the outreach funds might also be used for the creation of PSAs promoting the access channels. Weingeist asked about the participation of the schools. Logsden said that the schools do send a representative to the meetings and did submit a proposal, however the proposal was not directed to enhancing the programming on the education channel. The impact the funding would have on a channel's programming is a high priority in the CTG funding process. As a result, the school's proposal was a lower priority. Pusack said that it is his recollection that the Commission had requested more information than a summary of the CTG recommendations, including what was not funded and the rational for that which is recommended. Hardy said he believed there were comments to that effect, but no final decision was made. Pusack said that in the past the Commission had been provided the proposals. Without the additional information the Commission can not understand how the CTG prioritized the proposals or have input into how the funds are spent. McKray said Pusack's comments should serve as direction for next year. Future CTG proposals should include: 1) a brief description of the proposed projects and why they're important; 2) the funded projects and the outcome or progress of those previously funded projects, or why they were funded and what happened; 3) the proposals that were not funded and why they were not funded. Pusack asked about the school's proposal. Logsden said the schools requested two digital editing systems, however there was no assurance that the equipment would result in any programming on channel 11. Given that the funds are intended to enhance the programming on the access channels, the proposal was given a low priority. Hardy gave an overview of one project funded, equipment to provide video on demand. Pusack moved to approve the CTG ftmding proposals and Weingeist seconded. The motion passed unanimously. SUBSCRIBER ISSUES Shaffer reported receiving 8 complaints-1 about problems with @Home software, 1 about being unable to cancel the ~Home service after five attempts, 1 about @Home not providing service to nonprofit organizations, 2 about cable not being buried, 1 about rate increases, 1 about the need for competition, and 1 about interference from the hospital paging system on channel 20. Shaffer said that according to AT&T officials ~Home will not give permission to provide service to businesses or nonprofits. Shaffer said ~Home may have adopted this policy because they are having difficulty keeping up with the demand from residential subscribers and correcting the continuing technical problems. Matthews said that the recent 9th Circuit Federal Court decision has made the regulatory authority of cities over such matters uncertain. This uncertainty also has made the development of a customer service ordinance for @Home more difficult. The City pursued the ordinance based on the fact that AT&T treats cable modem service as a cable service, and as such, subject to City regulatory authority. AT&T REPORT No representative was present. SENIOR CENTER REPORT Jason Livingston, SCTV's new coordinator, introduced himself. Livingston reported that SCTV has completed their move into a larger space at the Senior Center. The addition of the backdrop curtain to be purchased with CTG funds will complete the studio area. LIBRARY REPORT Fisher noted the FY 2000 annual report in the meeting packet. The first season of the Lunch at the Library program finished last week. The series will resume September 13. Programs will be held every second and fourth Wednesday at 12 and be cablecast live. ECC REPORT No representative was present. PATVREPORT Paine reported that she and Scott Faine attended the Alliance for Community Media conference last weekend. Written reports will be provided to the PATV Board and the Telecommunications Commission. The Midwest Regional Alliance for Community Media members who attended the conference will also be writing reports and those will be circulated as well. Paine will be investigating reports that PATV's signal is poor for those subscribing to the digital channels. MCLEOD REPORT No representative was present. LEGAL REPORT Matthews reported that he has been researching if the City could enact a customer service ordinance for the @Home cable modem service. Matthews, Shaffer and Helling will need to discuss this issue further. CITY CABLE TV REPORT Hardy reported that there has been an increase in the amount of community programming being produced this summer. It is anticipated that there will again be a large demand for coverage of election-related activities this fall. Shaffer referred to the Telecommunications Commission Annual Report in the meeting packet. Weingeist moved to add to the goals section a statement that the Commission will encourage the Iowa City Community School District to participate in providing more school-related programming on the education channel. Pusack seconded the motion, which passed unanimously. Weingeist moved to include in the goals a statement that the City will pursue the possibility of developing a low power FM radio station. Pusack seconded the motion, which passed unanimously. Pusack moved to approve the Annual Report. Weingeist seconded and the motion passed unanimously. Shaffer noted the article in the meeting packet about the local access survey. Shaffer also noted the rate survey in the packet and said that it was prepared at the request of the City Council and the ITCT. The cities outside Iowa included are very active in regulating rates and hire top quality consultants. Weingeist noted that the municipal system's rates are quite low and asked if municipal ownership might be a possibility for Iowa City. Shaffer said that Cedar Falls has a municipally owned power utility and that was instrumental in making a municipal system economically feasible. The power company owns the poles, eliminating pole attachment fees and also provided the capital for the cable system. LOCAL ACCESS SURVEY DISCUSSION Pusack noted that the survey showed that many viewers have difficulty in finding program listings. The digital program guide could provide program summaries. Pusack asked if any more consideration had been given to the access channels subscribing to the service. Pusack asked to include this as an agenda item for the next meeting and asked Shaffer to prepare something to present to the ICTC. LOCAL ACCESS CHANNEL PROGRAM REPORTING Pusack moved and Weingeist moved to table this item. The motion passed unanimously. GOVERNMENT CHANNEL PRORPOSED NAME CHANGE Pusack moved and Weingeist seconded a motion to approve the name change of the Government Channel to the City Channel. McKray said that when she thinks of channel 4 programming she thinks of the Coralville Council meetings, Johnson County Board of Supervisors meetings-a channel with a broader, more expansive scope, and as such, would prefer the name to remain the Govemment Channel. Weingeist said "City Channel" is more user-friendly and seems more inclusive. "Government Channel" has a big brother quality. Pusack said he agreed with Weingeist's sentiments. "The Government Information Channel" sounds like it could be called "The Government Propaganda Channel." The motion passed with Pusack and Weingeist voting yes and McKray voting no. ADJOURNMENT Weingeist moved and Pusack seconded a motion to adjoum. The motion passed unanimously. Adjournment was a 6:53 p.m. Respectfully submitted, Wm. Drew Shaffer Cable TV Administrator MINUTES PARKS AND RECREATION COMMISSION SEPTEMBER 6, 2000 MEMBERS PRESENT: Carol Casey, Toni Cilek, Craig Gustaveson, James Moxley, AI Stroh MEMBERS ABSENT: Barbara Endel, Bruce Maurer, Matt Pacha, Rex Pruess STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood GUESTS: Steven Kanner, Eruie Lehman, Irvin Pfab, Dee Vanderhoef, Ross Wilburn AI Stroh conducted the meeting in the absence of the chair and co-chair. FORMAL ACTION TAKEN Moved by Moxley, seconded by Cilek, to approve the July 12, 2000 minutes as amended. Unanimous. OCTOBER COMMISSION MEETING Trueblood noted he would be in Phoenix the second week in October attending the National Conference for Parks and Recreation. After discussion, the commission rescheduled the October meeting to October 4. COMMISSION TIME Casey asked for an update on the issue of air quality at the Mercer Park Aquatic Center. Trueblood stated Moran has been working with various individuals, and the State Health Department will be contacted to conduct an air quality test. Moran noted the University of Iowa Hygienist Lab gave a checklist of things to check, which staff completed with everything passing. Trueblood noted the air quality has nothing to do with the building addition because they have separate ventilation and air handling units. ADJOURNMENT The meeting adjourned at 4:30 p.m., and the Commission and guests departed for the Parks and Recreation Department's annual tour of facilities. PLANNING AND ZONING COMMISSION SEPTEMBER 21, 2000 - 7:30 P.M. i -Subject to l -. pr0val i CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Jerry Hansen, Norm Osland, Marilyn Schintler, Dean Shannon MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sarah Holecek OTHERS PRESENT: Merlin Lawrence RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7 - 0, of REZ00-00020, an application from Dial Silvercrest Assisted Living for an amendment of an OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said a list of vacancies is available on the Bulletin Board in the Lobby. She said it is a good way to help yourself and to help the City. REZONING/DEVELQPMENT ITEMS: REZ00-00020. Public discussion of an application from Dial Silvercrest Assisted Living for an amendment of an OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road. Miklo said this item was discussed at the last meeting so he wouldn't go into detail about the staff report. Miklo said this is an amendment to a previously approved planned development to allow the use of this property for an assisted living building primarily for persons with Alzheimer's or early stages of dementia. The previously approved plan for this property called for a rehabilitation facility. He said the new building will be approximately the same size and character as the previously approved building. The parking requirements would be the same and therefore, staff feels it is appropriate for this particular location. He said as far as the neighborhood, he feels traffic implications will be similar and this use may actually produce less traffic than the rehabilitation center. He said there were some concerns raised by neighbors regarding the storm water retention facility. Miklo said it is rare that the City requires fencing around storm water facilities and they have never required a complete fence around a storm water facility. He said the place where there was a condition of rezoning was the Wellington Condos development where a fence was placed near the street and trees were placed near the water, to discourage the public from feeling they could go in and use the ponds. He said staff is recommending approval of this item. Planning and Zoning Commission Minutes September 21, 2000 Page 2 Public discussion: Merlin Lawrence, Dial ComDanies, said he had nothing to add to the last meeting but would be happy to answer questions. Ehrhardt asked if the nuisance of the vegetation was taken care of. Merlin Lawrence said the contractor had been told to remove the weeds. He said he had been there this week and didn't see any weeds. He said they did react to that right away. Public discussion closed. MOTION: Chait moved to approve REZ00-00020, an application from Dial Silvercrest Assisted Living for an amendment of an OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road. Ehrhardt seconded the motion. The motion carried on a vote of 7-0. SUB00-00015. Public discussion of an application from Lake Calvin Properties for a preliminary and final plat of a resubdivision 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 Boulevard and Heinz Road. Miklo said he would not go into a lot of detail since information was given at the last meeting. He said the plan as far as concept and design was in order, however some of the engineering technicalities have not been worked out. He said he did receive plans on September 19, 2000, and there was not sufficient time for the engineers to review these, so the applicant has agreed to defer this item to the October 5, Planning and Zoning Commission meeting and to waive the 45-day limitation period. Miklo said he is recommending that this item be deferred. Public discussion: Ehrhardt asked where the hang up is. Miklo said the plan that was submitted had several errors in it as far as measurements and dimensions. He said the calculations for storm water facilities didn't correspond to the drawings. He said the engineering staff has reviewed the plans twice and sent them back to the consulting engineer and gotten corrected plans back and still found errors. He said he hopes the last set received will be clean and approved. He said it's nothing as far as concept, just engineering errors. Bovbjerg asked if current plans include two street connections to the East and 31 foot wide Heinz Road. Miklo said that was correct and that Heinz Road starts further north at 34 feet, then narrows to 31 feet and then continues at 31 feet to a future arterial street. He said there are two points where streets will be reserved for connection with properties to the east. He said there will be the possibility for neighborhood! connectivity and also for general traffic, and to provide emergency vehicle access. Bovbjerg said in that part of town there are hydric soils and stormwater runoff and Snyder Creek drainage concerns. She said that has been a major issue of this particular project and this whole area of town, She said those issues are major elements in the conditional zoning agreement Planning and Zoning Commission Minutes September 21, 2000 Page 3 and it's appropriate that the engineers make sure the water handling will be correctly done. She said otherwise you can't build on this kind of soil with this runoff. Hansen asked if this is passed and development takes place and they have a greater runoff problem than what has been specified, what recourse would there be. Miklo said he is not sure there is one unless it did damage to adjacent prope.rties and there is some civil action that can be taken. He said their hope is that the engineers are correct and there won't be any future runoff problems. He said in terms of the wetlands below, there is a requirement in the mitigation plan for annual reviews of the wetlands and how they are being restored. He showed on the overhead the two storm basins where water is collected and later released to a lower area, which is a jurisdictional wetland. He said there has been an effort to restore that, so on an annual basis there is a report required. He said if they followed the plans and the plans were adhered to he doesn't know if there is a recourse. Miklo referred the question to Holecek. Holecek said her first question for Hansen would be recourse by whom. Hansen said the reason he asked, is that a couple years ago when Saddlebrook applied for a rezoning, several people to the south of the project had complained about water retention and the fact that their property was being flooded more now than before Saddlebrook was developed. He asked if the City had gotten any feedback from those people. Miklo said those complaints were mainly from the owners of farmland in that area, and that was, in his belief, directly attributable to the work that was done in the Scott 6 Industrial Park, in which there was extensive grading done on that property in the county before it was annexed into the city. He said as a condition of annexation and development in the city, they had to make an effort to improve the streambed and they did not adhere to the guidelines they had submitted. Holecek said there was some enforcement action taken and it was corrected. She said she doesn't recall with Saddlebrook that there were complaints attributed to this particular development. She said we all understand that the watershed is much more extensive than the area being looked at. She said she believes it was the one to the north when there was a relocation of the streambed. She said that was, with the DNR, remedied. Hansen asked if any complaints or~hank yous had been received indicating that was all fixed. Holecek said she had not received any and Miklo agreed. Miklo said that the inspectors had looked at it and said the situation had improved dramatically. Public discussion closed. MOTION: Ehrhardt moved to defer SUB00-00015, an application from Lake Calvin Properties for a preliminary and final plat of a resubdivision 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 Boulevard and Heinz I~oad until October 5, 2000. Schintler seconded the motion. The motion carried on a vote of 7 - 0. Planning and Zoning Commission Minutes September 21, 2000 Page 4 CONSIDERATION OF THE SEPTEMBER 7, 2000 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Osland moved to approve the minutes of the September 7, 2000 Planning and Zoning Commission meeting as written. Ehrhardt seconded the motion. The motion carried on a vote of 7 - O. OTHER: Bovbjerg said she had photos of the house that the schools are building in connection with the Greater Iowa City Housing Fellowship. She said it is near City High, very neat, and worth seeing. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppdadrn/min/p&z9-21 -O0.doc MINUTES PLANNING AND ZONING COMMISSION OCTOBER 5, 2000 - 7:30 P.M. ~- tO CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Jerry Hansen, Norm Osland, Marilyn Schintler, Dean Shannon MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sarah Holecek, Scott Kugler OTHERS PRESENT: Larry Schnittjer, Ralph Stoffer RECOMMENDATIONS TO COUNCIL: Recommended by a vote of 7-0 that a request to rezone approximately 34.79 acres located within Fringe Area A on the south side of Rapid Creek Road east of Highway 1 North from A1 to RS-5, is consistent with the policies of the Fringe Area Agreement, provided that sight distance at the proposed intersection is determined to be adequate. Recommended approval, by a vote of 7-0, an application from Lake Calvin Properties for a preliminary and final plat of a resubdivision of Saddlebrook Addition, Part Two, a 77.65 acre, 4- lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock Boulevard and Heinz Road, subject to staff approval of construction plans and legal papers prior to City Council consideration of the final plat. Recommended approval, by a vote of 7-0, an application from the City of Iowa City for a final plat of North Airport Development, a 57.13 acre, 17-lot commercial subdivision with two outlots located west of Riverside Drive and south of Highway 1, subject to approval of legal papers prior to City Council consideration. Recommended approval, by a vote of 7-0, an application submitted by Westcott Partners L.L.P. for a preliminary plat of Westcott Heights, Part Three, a 102.6 acre, 53-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, south of Newport Road, subject to the approval of a grading plan prior to City Council consideration of the preliminary plat. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:34 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said it is a citizen's chance to help the City and an opportunity to volunteer. She said the four following boards need members: Civil Service Commission, Historic Preservation Commission, Housing and Community Development Commission and Solid Waste Advisory Commission. Planning and Zoning Commission Minutes October 11, 2000 Page 2 COUNTY REZONING ITEM: CZ0033. Discussion of a request submitted to Johnson County to rezone approximately 34.79 acres located within Fringe Area A on the south side of Rapid Creek Road, east of Highway 1 North from County A1, Rural, to County RS-5, Suburban Residential. Kugler said this is a request to rezone approximately 35 acres within Fringe Area A just northeast of Iowa City on Rapid Creek Road from A1, Rural, to RS-5, Suburban Residential. This property is in the County but within the two-mile Fringe Area, and the Fringe Area Agreement with Johnson County provides the City with an opportunity to review and comment on zonings within that two-mile area. He said the agreement also establishes some policies to use to help guide those decisions. The Fringe Area Agreement designates almost all of the area as appropriate for residential at RS or RS-3 densities. It also lays out some standards to help guide development in these areas. Basically, the standards steer development towards land that can accommodate residential development, along good streets and away from good farmland. It also encourages cluster development, which preserves large areas of open space rather than large-lot, sprawling developments. The concept plan that was submitted with this rezoning illustrates six building lots arranged around one new cul-de-sac, with about 70 percent of the property to be set aside as open space. The Corn Suitability Rating for this property is not considered high. A portion of the property is being farmed, a portion is not, and is partially wooded and partially covered with drainage ways. An additional six building lots should not have an impact on traffic on Rapid Creek Road in this location. Rapid Creek Road has a chip seal surface. Kugler said he would note that in 1992 an application was filed for property immediately south of this parcel. At that time the proposed access road ran along the west side of the property. It was denied for several reasons, one being a site visibility problem that both the City and County engineers perceived at that time at that intersection. The City did ask the County Engineer to look at site distance for the proposed roadway and they have evaluated that and found it is fine. They have also evaluated the existing driveway to the one existing residence on the property that has an access point and that also meets the minimum standards. He said at the informal meeting they heard that the concept plan could change and the access point may change, and the County Engineer is comfortable with that. This application does appear to be consistent with the policies of the Fringe Area Agreement and staff is recommending that a letter be forwarded to the County Board of Supervisors stating that. Shannon asked why in 1992 the site distance was not acceptable for that road and now it seems like it could be. Kugler said it may have something to do with speed limit, and also the proposed road is slightly farther away from the intersection. He said it might have been a judgment call on the part of the Board of Supervisors. There were other reasons for the denial as well, one being the long access road with only one outlet. Ehrhardt asked if the development that had been applied for in the south portion could now occur or if this development in any way infringes on that. Kugler said it does not appear so. He said the same issues would apply as far as access. He said there was a different Fringe Area Agreement in place at that time. He said if that application was to come up it would have to be evaluated based on the current Fringe Area Agreement. The County Engineer would have to look at it again. Planning and Zoning Commission Minutes October 11, 2000 Page 3 Bovbjerg said this is coming in as a rezoning and the concept plan is not necessarily what the Commission would see, but they would see a subdivision zoning later on. Kugler said yes, if the County zoning were approved, the Commission would have to review the subdivision. He said that the Fringe Area Agreement requires that a concept plan be submitted that demonstrates compliance with the policies of the Fringe Area Agreement at the time it is filed. He said there is nothing in the Agreement that says the concept cannot change from the time the rezoning is approved to the time the subdivision is applied for or approved. He said the new design would have to be reviewed to make sure it complies with those policies. Bovbjerg asked to ascertain that the Commission is not looking at the lot lines but is judging an idea of clustering and cul-de-sacs. Kugler said that was correct. Bovbjerg asked if this would be to City standards, since it is within the Fringe Area. Kugler said it would be to City Rural design standards, which are a step down from the City standards and City subdivisions but a step up from what might be applied outside the two-mile fringe area. Public discussion: There was none. Public discussion closed. MOTION: O$1and moved to recommend that the City forward a letter to the Johnson County Board of Supervisors indicating that 0Z0033, a request to rezone approximately 34.79 acres located within Fringe Area A on the south side of Rapid Creek Road east of Highway I North from Al to RS-5, appears to be consistent with the policies of the Fringe Area Agreement, provided that sight distance at the proposed intersection is determined to be adequate. Hansen seconded the motion. The motion carried on a vote of 7-0. DEVELOPMENT ITEMS: SUB00-00015. Discussion of an application from Lake Calvin Properties for a preliminary and final plat of a resubdivision 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 Boulevard and Heinz Road. Miklo said that the Public Works staff said today that the plat is in order for approval, so staff is recommending approval, subject to staff approval of construction plans and legal papers prior to City Council consideration of the final plat. Hansen asked for clarification between the staff repo~, which indicates 72 acres and the agenda, which says 69.75 acres. Ralph Stoffer, 535 Southgate Avenue, said there are about 2 acres that are going to be dedicated to the City for a walking trail to extend the Whispering Meadows walkway, and that is the discrepancy. Bovbjerg asked Holecek which number should be used. Holecek said 72.5. Planning and Zoning Commission Minutes October 11,2000 Page 4 Bovbjerg clarified that if 72.5 is used, it acknowledges that part of this is going to go to the City. Miklo said yes. He said staff would verify the correct acreage before this is sent to the City Council. Public discussion open: There was none. Public discussion closed. MOTION: Shannon moved' to approve SUB00-00015, an application from Lake Calvin Properties for a preliminary and final plat of a resubdivision of Saddlebrook Addition, Part Two a 77.65 acre, 4-lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock Boulevard and Heinz Road, subject to staff approval of construction plans and legal papers prior to City Council consideration of the final plat. Schintler seconded the motion. The motion carried on a vote of 7-0. Ehrhardt added that she was glad they could work out street width and access and thanked the applicant. SUB00-00021. Discussion of an application from the City of Iowa City for a final plat of North Airport Development, a 57.13-acre, 17-lot commercial subdivision with two outlots located west of Riverside Drive and south of Highway 1. Miklo said the Commission may remember having reviewed the rezoning and preliminary plat for this property last year. He said it has been approved by the City Council and now the Airport Commission is seeking final plat approval. The City has also received approval from the Corps of Engineers to mitigate the wetlands that would be disturbed by this project. Staff is recommending approval of the final plat, subject to approval of legal papers prior to City Council consideration. Ehrhardt asked if the land will be leased and if the revenues would go to the Airport Commission. Miklo said yes. Ehrhardt asked if that was standard. Holecek said it depends on the agreement between the Council and the Airport Commission. She said they basically have to meet their own operating costs. Ehrhardt said it seemed like this could be lucrative for someone. Holecek said the intent is to supplant the need for the Airport Commission to have a subsidy for operating expenses from the City in the long run. She said the question could be referred to the Airport Commissioner. Ehrhardt asked if they decide to have smaller lots, would this come back to the Commission. Miklo said yes, if they decide to subdivide further. Shannon asked if all the water from this property will flow to the east. Miklo said yes, that the City will be installing a pipe. Shannon voiced a concern of a property owner, that during heavy rains in that area all the water goes to a culvert near DeliMart and Godfather's Pizza. Miklo referred the question to Larry Schnittjer. Bovbjerg asked for clarification that the stormwater being piped from this is not the same as the wetlands mitigation. Miklo said it is not. He said the wetland issue pertains to soil types that Planning and Zoning Commission Minutes October 11, 2000 Page 5 have been identified as suitable for wetland, or possibly have been a wetland in the past, but have been farmed for a number of years. He said actual wetlands, such as the one at Saddlebrook, are not evident on this property at this time. He said the wetland water is not being moved to the Iowa River as part of the drainage; it's the stormwater that is being moved. Bovbjerg said the mitigation of the wetlands to this other section is independent of the stormwater, which is coming from parking lots. Miklo said this was correct. Public discussion open: Schnittjer said regarding Shannon's question about the drainage that as it currently exists it goes through the stormwater basins that were constructed with the WalMart facility. There is considerable drainage above that that goes up to Benton Street that all flows east and then goes through the WalMart basin and meanders over a relatively flat area and across the Godfather's Pizza parking lot and then into a large culvert that flows to the river from there. He said this project has been designed such that 90 percent of that current water will no longer go that way. He said the only water that will go that way will be a portion of the lots on the north side of the street. So they have significantly reduced the amount of water that goes over that culvert between Godfather's and DeliMart. Shannon said he was asked that question because a lot of times there is a lot of water there. Schnittjer said that anytime you get more than a trickle there is water there because there is a very small pipeline under the parking lot. Bovbjerg said there was discussion at the informal meeting about the kinds of buildings and the kinds of enterprises that are allowed to occur. She said she didn't know if without the north- south runway, what restrictions there are on height or what kinds of enterprises are allowed to be there. She asked if that was something that is in legal papers or City code. Schnittjer said it is controlled by the portion of the City Zoning Ordinance that pertains to airports, and approach slopes and side slopes from the runways. He said this is a modified copy of the final plat which shows building restrictions on lots 1 - 4 that assume a minimum height of the building and says a building can be no closer to an airport runway than what's shown. Bovbjerg said that line is on the larger copy of the plat. Schnittjer said yes. Bovbjerg said there is not the restriction that used to be with the north-south runway. Schnittjer said that was correct. Ehrhardt said the building would be in front but asked if parking and storage could be at the back. Schnittjer said yes, and that there would be some restrictions on parking lot lighting. Public discussion closed. MOTION: Hansen moved to approve SUB00-00021, an application from the City of Iowa City for a final plat of North Airport Development, a 57.13 acre, 17-1ot commercial subdivision with two outlots located west of Riverside Drive and south of Highway 1, subject to approval of legal papers prior to City Council consideration. Ehrhardt seconded the motion. The motion carried on a vote of 7-0. SUB00-0022. Discussion of an application submitted by Westcott Partners L.L.P. for a preliminary plat of Westcott Heights, Part Three, a 102.6 acre, 53-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, south of Newport Road. Kugler said this is an application where development is being proposed in Johnson County but within the two mile Fringe Area. This is a 53-1ot residential subdivision located on the west side Planning and Zoning Commission Minutes October 11, 2000 Page 6 of Prairie du Chien Road. He said at the informal meeting he indicated that there were a few deficiencies that needed to be addressed and that Public Works still needed to complete their review of the plat. He said that has occurred and everything has been taken care of so that the plat does meet the City subdivision regulations as well as the standards of the Fringe Area Agreement. He showed how the proposed plat fits in with the existing Westcott Heights development. He said there is an access point being proposed at Prairie du Chien Road as well as up to Westcott Drive within the subdivision so there should be secondary access for the whole development. He said the timing of those accesses and when those connections will occur has been addressed with a note on the plat, and will be carried over to the legal papers as well when the final plat is filed. He said a letter was received from the Solon Fire Department stating that they approved of the plat and can serve the plat. They did request the applicant work with them on installing one or more dry hydrants in the area. Kugler said staff is recommending approval, subject to the approval of a grading plan prior to Council consideration of the preliminary plat. Ehrhardt asked the difference between a wet and dry hydrant. Kugler said he thought the dry hydrant meant it was there but not pressurized, but linked to a water source. Ehrhardt asked if it was possible to put the pond in Outlot B and if it was for stormwater or just aesthetic. Kugler said it is a stormwater management easement. For plats that are within the two mile Fringe Area but outside of the City's growth area, the City requires them to show on the plat that they can meet the stormwater management ordinance. He said they are required to establish the easements along with the plat. He said the basins don't have to be constructed now. He said if the property is ever annexed or there is an application to subdivide and the City feels it is necessary to have those improvements made, then the City can require that those improvements be made, but they generally don't on a County plat. He said he was not sure if they intend to build a stormwater facility or build a dam and create a pond as an amenity within the subdivision. Ehrhardt asked if they did, would they have to come in with grading. Kugler said they are required to submit a grading plan that is typically reviewed by Public Works and the Housing and Inspection Services. He said the construction drawings would have those details so they would be able to tell if it is going to allow water to flow through or at an elevation that allows a pond to be there with the overflow going to the culvert. Schnittjer said there would be a pond that may not be as large as illustrated on the drawing. He said he illustrated the maximum that it could be. He said they are crossing a significant ravine with the entrance road at that location and there will be filling necessary there so a dam will be built with the road system. He said then they would determine what outlet system they want and what elevation to decide where the pond will be. Bovbjerg asked if the size of the culvert would be calculated and determined with Public Works. Planning and Zoning Commission Minutes October 11, 2000 Page 7 Schnittjer said that was correct. He said the outlet structure would be sized to accommodate stormwater management requirements because it's easier to do it now. Schnittjer said on the first item there was some concern about the changes to the concept plan, and as an example there are considerable changes in this drawing because the concept drawing was done according to USGA topographical mapping and there are problems working with that when you are trying to scale for subdivisions. He said there are necessary changes from zoning concept to final plat. Bovbjerg asked about the septic mounds and if they were something that the applicant, the County, and Board of Public Health work out. Schnittjer said the Board of Public Health has cursory review of it, but they actually work with the Department of Natural Resources. He said it is similar to other sewage treatment facilities that accommodate more than one residency and have to be set up with operating permits and then the DNR approves the plan. He said someone has to monitor this facility and report to the DNR on a regular basis as to what the facility is doing. He said it is the same with community wells. When you get into the larger capacity wells, they have to be monitored, and reports must be submitted to the reviewing agencies. Bovbjerg asked if there would be a company hired to monitor the well and the wastewater treatment. Schnittjer said yes, a company is hired to monitor, and if a problem arises, then the Home Owner's Association is notified that it must be rectified and they have to find someone to help them do that. Bovbjerg asked if the monitoring occurred every three or six months. Schnittjer said he believed so, but that he didn't know the exact monitoring regularity. Public discussion closed. MOTION: Osland moved to approve SUB00-00022, an application submitted by Westcott Partners L.L.P. for a preliminary plat of Westcott Heights, Part Three, a 102.6 acre, 53-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, south of Newport Road, subject to the approval of a grading plan prior to City Council consideration of the preliminary plat. Shannon seconded the motion. The motion carried on a vote of 7-0. CONSIDERATION OF THE SEPTEMBER 21, 2000 PLANNING AND ZONING COMMISSION MEETING MINUTES: MOTION: Shannon moved to approve the minutes of the September 21, 2000 Planning and Zoning Commission meeting as written. Ehrhardt seconded the motion. The motion carried on a vote of 7 - 0. OTHER: Ehrhardt asked if there were any thoughts about sending minutes out to board members via email to reduce paper. Kugler asked if Ehrhardt meant the preliminary minutes. Miklo said if that was preferred, it could be done. Miklo said if they were going to do it, it would need to be the same for all members. There was not consensus to change to electronic transfer of minutes. Planning and Zoning Commission Minutes October 11, 2000 Page 8 Hansen asked if they would ever be posted on the website. Miklo said he could investigate that. Holecek said you could only post the approved minutes, not the preliminary minutes. Bovbjerg said there was going to be a meeting on Fringe Area Agreements - the Johnson County example where the County Engineer would be speaking. She said she hopes that R.J. Moore talks about the ongoing nature of Fringe Agreements. If that becomes a stumbling block it would come back to a Fringe Area Committee. She said it would be a good idea if board members were at the meeting of both groups. She said it would be a good idea for board members to get a feel for land concerns, and political and historical section line concerns. Bovbjerg spoke of Shannon's letter to the editor about the First Avenue extension. She said it was a good example of how a citizen can express their view and use their credentials as part of a board without jeopardizing the commission they serve. Holecek said it had been discussed a number of times how a person can wear both hats of being a commission member and a citizen. She said it is discouraged to tout your membership on a board as the basis of expertise. She said to say that a person has learned something as a result of being part of a board is an excellent way to show specific knowledge as a result of serving the City. ADJOURNMENT: The meeting was adjourned at 8:19 p.m. Dean Shannon, Secretary Minutes submitted by Diane Crossett ppdadrrdmiNp&zl 0-5-00, doc I 10-17-001 4b(11) POLICE CITIZENS REVIEW BOARD MINUTES - September 26, 2000 CALL TO ORDER Chair John Watson called the meeting to order at 7:05 P.M. ATTENDANCE Board members present: Leah Cohen, Loren Horton, John Stratton and John Watson; Board member absent: Paul Hoffey. Staff present: PCRB Assistant Sandy Bauer. Chief Winkelhake and former PCRB member were also in attendance. CONSENT CALENDAR Motion by Stratton and Cohen to adopt the Consent Calendar as presented: a. Minutes of 9/12/00 meeting b. ICPD General Order 99-08 - In Car Recording Devices c. ICPD General Order 99-01 - Police Vehicle Pursuit A short discussion followed between board members and the Chief regarding the two General Orders. Motion carried, 4/0, Hoffey absent. RECOMMENDATION TO COUNCIL · Receive PCRB Public Report #00-02 ORIENTATION Introductions.were made to new Board member, Loren Horton. Chair Watson stated he and Bauer met with Horton for a couple hours the previous week to acquaint him to the Board's history, policies, procedures, etc. Horton was given all the PCRB documents at that time. NEW BUSINESS Cohen recommended to the Board that a work session be scheduled to discuss goals for the coming year and to plan agenda items. All Board members agreed. Staff was directed to obtain a copy of an Index of ICPD General Orders. This work session will appear on the agenda for the meetings of October 10 and October 24. OLD BUSINESS Videotal3e: Bauer reported that Bob Hardy is working on staffing issues in his department, but will report back by the end of this week regarding timeline. Chief Winkelhake commented about the good work that Bob Hardy does. Media Releases: In follow-up to board discussions on media relations with the ICPD, Chief Winkelhake stated he met with media representatives from radio, print and TV. Their main consensus was that radio needs assistance in getting them information earlier, as radio deadlines are different than print or TV. Once the general order on media releases is completed, a copy will be submitted to the PCRB. PUBLIC DISCUSSION Pat Farrant expressed her pleasure in serving on this Board. Board members and staff expressed their thanks for her hard work and dedication to the PCRB. Cohen questioned the Chief about the "notarized tickets" issue. The Chief indicated that the problem was resolved. MEETING SCHEDULE Regular Meeting October 10, 2000 · Special Meeting October 24, 2000 · Regular Meeting November 14, 2000 BOARD INFORMATION Horton asked the Board and the Chief several questions as follow-up to his orientation. He asked for a list of the hierarchy within the police department. Chair directed staff to obtain that. STAFF INFORMATION S. Bauer - routed a copy of the Boards/Commissions/Committee FY 2000 Annual Report. This document is also available on the Iowa City web site. EXECUTIVE SESSION Motion by J. Stratton and seconded by L. Cohen to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required 2 by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Hoffey absent. Open session adjourned at 7:55 P.M. REGULAR SESSION Regular session resumed at 8:20 P.M. Motion by Cohen and seconded by Stratton to approve PCRB Final Report on Complaint #00-02, as amended, and forward it to the City Council. Motion carried, 4/0, Hoffey absent. Motion by Stratton and seconded by Cohen to hold a name- clearing hearing for the officer involved in PCRB Complaint #00-03 at the next Board meeting. Motion carried, 4/0, Hoffey absent. Staff was directed to send appropriate letters. ADJOURNMENT Motion for adjournment by Cohen and seconded by Stratton. Motion carried, 4/0, Hoffey absent. Meeting adjourned at 8:25 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 TO: City Council FROM: Police Citizens Review Board RE: Report of PCRB Complaint #00-02 DATE: September 26, 2000 Complainant Steve Atkins, City Manager R. J. Winkelhake, Chief of Police Officers involved in Complaint. This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of PCRB Complaint #00-02 (the Complainant") BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7B(2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the report "because of the Police Chief's professional expertise." Section 8-8-7B(2). While the City Code directs the Board to make "findings of fact," it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence," are "unreasonable, arbitrary or capricious" or "are contrary to a Police Department policy or practice or any Federal, State or Local Law." Sections 8-8-7B(2) a, b, and c. PCRB #00-02 - Page BOARD'S PROCEDURE The Complaint was received at the Office of the City Clerk on May 19, 2000. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Police Chief for investigation. The Chief's Report was due and was received on August 17, 2000, together with the complete case file. On September 13, 2000, the Board requested the Chief to address two additional allegations and provide an amended report. The Amended Report was received on September 21,2000. The Board voted to review the Complaint in accordance with Section 8-8-7 B.1 (a), which means the Board will review the complaint on the record without requesting additional information. The Board met on September 12 and 26, 2000 to consider this Complaint. FINDINGS OF FACT Police responded to a 911 call reporting a fight at the Cedarwood Apartments. The information received reported the complainant armed with a knife entering a specific apartment. The complainant's interview varies considerably from those of officers and other witnesses regarding the events that occurred. The complainant and his wife had been drinking at the apartment of friends in the evening. The complainant left the apartment. He repeatedly called his wife to ask her to return to her own apartment so that he could get in. The wife did not respond. She did leave at one point but returned to the neighbors' apartment with her children, requesting to spend the night. The neighbors assumed the couple had had a fight. They advised the complainant's wife not to let him into the apartment if he came to get her. The neighbors were roused later by noise in their living room. The complainant was there demanding his wife return home. The male neighbor asked the complainant to leave and tried to physically move him from the room. A large knife fell from the complainant to the floor. The wife and children fled the apartment while the female neighbor called the police. The female neighbor reported the complainant was in a rage. The complainant denies having a knife or being involved in this incident. His wife would not agree to a police interview. PCRB #00-02 - Page Officer A and B responded first to the call. An uninvolved party pointed the officers to the complainant's apartment. The officers knocked for several minutes with no response. They heard a baby cry. A female (the complainant's wife) did eventually answer the door and stated the suspect was not inside. The officers discussed getting a search warrant after her denial that the complainant was in the apartment. The complainant's wife went to the back of the apartment several times. The complainant appeared after officers told his wife she would be charged with interference and her children would be taken into custody by DHS. Officer A later charged the wife with obstruction and released her on her signature, making it unnecessary to call DHS. Officer A stated he would probably call DHS to report on the unsanitary condition of the apartment. It appears that eight officers, as well as the watch commander, responded to the call and witnessed the complainant being taken into custody. The apartment manager was also present. According to the apartment manager, the complainant is not named on the lease of his wife's apartment. Officers and witnesses' stories are consistent but differ from the complainant's description of events. The complainant appeared from the bedroom clad only in a sheet. Officer A stated that he drew his weapon as the complainant's hands were not visible and because he had been the subject of a complaint regarding a knife. Officer C drew, but did not deploy OC. The complainant was ordered to display his hands. When he did display his hands, the sheet dropped and officers were able to see the complainant had no weapon. There was an estimated 12-15 second interval when Officer A's weapon was drawn. The complainant alleges that up to three guns were pointed at his head. All officers stated this was not the case but rather only one weapon was drawn and it was pointed upward. Officers then attempted to handcuff the complainant to arrest him. He resisted and was secured against a wall and then on the floor in order to accomplish the cuffing process. The wife was instructed to bring pants for the complainant, which were put on prior to his leaving the apartment. The complainant stated he was taken outside the apartment with no clothes on. Witness and officer statements dispute this. PCRB #00-02 - Page 3 Officers asked the complainant's wife the location of the knife neighbors stated the complainant had brought to their apartment. She was asked for consent to search her which she gave. A three-year-old child advised an officer that the knife was in a closet. Officer A went to the closet and found the knife wrapped in newspaper on a shelf. The wife was charged with obstruction and released on her own signature. The complainant was charged with disorderly conduct and interference with official acts. The apartment manager ordered the complainant, who was not named on the lease, off the property. He was given a criminal trespassing warning. The neighbors refused to file charges against the complainant regarding his bringing a knife to their apartment and pushing the male resident. The complainant's wife did not meet with police to be interviewed. On May 19, 2000, the complainant filed PCRB Complaint #00-02 with the following allegations: Alle.qation 1: The police were trying to kick in his door, causing damage to his door where it cannot be locked. Alle.qation 2: While arresting him, police threw him from wall to wall and then took him to the floor. He further stated that he had guns placed to his head during the arrest. Allegation 3: Officers questioned his three-year-old child without permission. Allegation 4: Officers attempted to coerce compliance from his spouse by threatening DHS involvement. CONCLUSION Allegation 1: The I~olice were tryinn to kick in his door, causing dama.qe to his door where it cannot be locked. In interviews with the officers and the apartment manager who were present at the time the officers sought entry, all parties agree officers did not knock hard enough on the door to cause damage. Additionally, the property manager states the complainant is not named on the lease of that apartment and has no standing by which to make a claim of damage to this property. The Board finds that the Chief's conclusion that there is insufficient evidence to prove the PCRB #00-02 - Page allegation is supported by substantial evidence, and is not unreasonable, arbitrary or capricious. Allegation #1 of the complaint is NOT SUSTAINED. Allegation 2: While arrestinq him, ~3olice threw him from wall to wall and then took him to the floor. He further stated that he had quns placed to his head during the arrest. Officers received a call that the complainant was displaying a knife in a neighbor's apartment. When complainant appeared garbed in a sheet with hands not visible, Officer A drew his weapon for 12 to 15 seconds until officers were able to see the complainant had no weapon in his hand. Based on officer interviews, it appears the complainant struggled as officers were trying to handcuff him, causing officers to back the complainant against a wall and then to the ground to secure the handcuffs. The Board finds that the Chief's conclusion that the officers used only the amount of force necessary to contain and control the complainant is supported by substantial evidence, and is not unreasonable, arbitrary or capricious. Allegation #2 of the complaint is NOT SUSTAINED. Allegation #3: Officers questioned his three-year-old child without permission. After securing the complainant, officers asked where the knife was placed. The complainant's wife was looking in the closet and the child pointed to the upper shelf. The child repeatedly pointed out the location. The officers did not further question the child. The Board finds that the Chief's conclusion that the officers did not directly question the child is supported by substantial evidence, and is not unreasonable, arbitrary or capricious. Allegation #3 of the complaint is NOT SUSTAINED. Allegation #4: Officers attempted to coerce compliance from his spouse by threateninq DHS involvement. When the complainant's wife was asked if the complainant was home she initially said no several times. Based on witness statements, the officers knew the complainant was in the apartment. The officers did tell the complainant's wife that they would get a warrant if she did not let them into the apartment. If this happened, she would be charged with interference and arrested and DHS would have to be called to take custody of the children. She did comply with the request to enter at that time. Officer A later stated DHS would probably be called based on the unsanitary condition of the apartment. The Board finds that the Chief's conclusion that the officers did not attempt to coerce compliance is supported by PCRB #00-02 - Page substantial evidence, and is not unreasonable, arbitrary or capricious. Allegation #4 of the complaint is NOT SUSTAINED. PCRB #00-02 - Page