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HomeMy WebLinkAbout2001-10-23 Bd Comm minutes IOWA CITY HUMAN RIGHTS COMMISSION COUNCIL CHAMBERS August 27, 2001 MEMBERS PRESENT: Jan Warren, Mary Larew, Maureen Howe, Keri Neblett, Lisa Beckmann, Paul Retish, Ernie Cox, Charles Major Sue Joslyn MEMBERS ABSENT: None STAFF MEMBER: Heather Shank VISITORS: Yelena Perhounkova, Matt Waisttom, Dan Brock 1. CAI,IJ TO ORDER: Meeting called to order at 7:01 p.m. 2. APPROVAL OF MINUTES: Neblett pointed to specific sentences in the July minutes when her comments were incorrectly attributed to Beckmann and vice versa. Motion: Howe moved to accept the minutes as revised. Beckmann seconded. Motion passed 9-0 3. NEW COMMISSIONER: Sue Joslyn introduced herself to the Commission. Joslyn was born in Iowa. Prior to moving to Iowa City, Joslyn lived in Cedar Falls for 25 years and worked as a faculty member at the University of Northern Iowa. Joslyn currently works in the Internal Medicine Department at the University of Iowa Hospitals and Clinics. Her husband Bill is a retired Police Captain from Cedar Falls and they have an eight and a half- year-old daughter in the third grade. Commissioners introduced themselves to Joslyn. 4. RECOMMENDATIONS TO COUNCIL: None. 5. NEW BUSINESS: a. Yelena Perhounkova is involved with several groups and community members that have organized a series of events for journalist Robert Fisk during his visit in October. In his career Mr. Fisk has covered many conflicts and civil rights abuses as a result of these wars and conflicts. Ms. Perhounkova stated that the group bringing Mr. Fisk to town wanted the Iowa City Human Rights Commission (HRC) to co-sponsor the Community event at the library. Mr. Fisk is scheduled to read a chapter from his book, Pi~y the Nation: Lebanon at Far in the Iowa City Public Library Wednesday, October 3, 2001 at 7:00. The co-sponsorship will not require any financial assistance from the Commission. Perhounkova requests only the Commission's verbal support and perhaps help with publicity and the taping of the program by the Cable TV Department. Motion: Cox made a motion that the Human Rights Commission co-sponsor Mr. Fisk's program in the Iowa City Public Library on October 3, 2001 at 7:00 p.m. Larew seconded the motion. Motion carried 8 in favor and Major against. b. Mr. Dan Brock requested an opportunity to ask the HRC whether it would entertain an item that he wanted on the September HRC agenda. Mr. Brock stated that just past the middle of June, he read a Commission letter to the editor regarding the role of the HRC. Although Brock wanted to address his concerns in June, he had to leave town and did not return until recently. Brock indicated that the letter to the editor by the Commission was prompted by a dispute between KCJJ and Steven Kanner, a City Council member. Brock quoted from the HRC letter, "IT]he effectiveness of the Commission lies in maintaining an impartial investigative stance." Brock also stated, "I believe that this impartiality was compromised by Mr. Major, one of the Commission's members, by some of his actions." Brock indicated that Charles Major called KCJJ the morning following the HRC meeting in which the KCJJ & Kanner dispute was discussed. Major, according to Brock, told KCJJ that no action would be taken by the Commission [against KCJJ] because the radio station was not within its jurisdiction as "it was outside the City limits". Major allegedly joked with KCJJ as to whether they could get money. Major said that he would put in a good word for KCJJ when he went in front of the City Counsel to talk about the role of the HRC. Allegedly Major agreed to give a thumbs up sign in the camera to KCJJ to let them know that he was thinking of them. Howe asked Brock for clarification as to the specific item he wanted on the September agenda. Brock replied that he wanted the Commission to determine whether Major breached confidentiality when he spoke of the Commission's decision not to take Kanner's case. Brock stated that the Human Rights Ordinance, 2-2-4(B) says, in part, that no member of the Commission shall disclose information gathered dur'mg an investigation. Brock wanted the Commission to determine whether Major had violated that provision. Warren asked Shank if she would address that issue right away. Shank explained toBrock that the Commission couldn't discuss the details of an investigation. A formal Complaint comes about when a person comes to the HR office and files a document setting forth the allegations of discrimination. The complaint is signed by the person alleging discrimination and the document is notarized by staff. After the case is investigated, the investigator makes a recommendation as to whether there is probable cause to believe discfnnination occurred. Following the investigation, the case goes to the City Attorney's office for an independent 2 decision as to whether discrimination occurred. The case is finally turned over to a team of three Commissioners for a fmal decision as to whether the complainant experienced discrimination. Shank informed Brock that the HRC does not discuss complaints in a public meeting. It was not a violation of the Ordinance for Major to discuss with KCJJ the incident at the Council Meeting or disclose the discussion at the Human Rights Commission meeting which is public. The confidentiality clause was not breached. Warren stated that she wanted to clarify any other issues Mr. Brock wanted to discuss at the September meeting. Brock wanted the Commission to determine at the next meeting whether Major violated the appearance of impropriety by what he said on KCJJ. Motion: Larew made the motion and Relish seconded it. Motion: approved 8-0 with Major abstaining. c. Warren asked about the Iowa Civil Rights Commission (ICRC) minutes included in the packet. Shank stated that she thought the HRC would be interested in the conversation because ICR Commissioners other than Dave Leshtz were talking about adding sexual orientation to the Iowa Civil Rights Act. Major said the legislation might get to the floor of the legislature. Shank stated that the legislation has had difficulty going anywhere in the past because the ICRC was the agency that would enforce the law yet, historically, the ICRC was not in favor of the legislation. Beckman asked how the HRC could assist in advocating for this legislation and whether it could do so? Shank indicated that the HRC has frequently urged the ICRC to recommend that sexual orientation be added to the Iowa Civil Rights Act. Warren mentioned that there was a grass root effort to gather stories from gays and lesbians in Iowa who had been discriminated against but the ICRC was not interested. d. Warren said there was another White Privilege Conference coming up and she noted it was moved to Pella, IA. e. Cox indicated he sent the census figures he saw in the paper to Shank because he wanted to address the housing portion of the Commission's mandate. Cox pointed out that there has been a 13% increase in single mothers with children under 18. Housing is still a problem for them. f. Relish raised the rhetorical question of why the Commission would urge that sexual orientation or any other category be added to the Iowa Civil Rights Act? Relish believes that segmenting human rights into different group weakens the enforcement of human rights. "That has been the weapon used by those against human rights. When you start listing human rights by groups it weakens human rights." Relish stated that he wanted the HRC to take the time to discuss this. He thinks he would like to discuss this issue for about 20 minutes. Howe indicated she was confused by Retish's question and she subsequently clarified that Relish not only meant sexual orientation but all categories are a concern. 3 Retish asked why the Commission took the stand to support the addition of sexual orientation? Retish stated that he would use different strategies when talking about human rights. He also added that agencies have spent a lot of time protecting different categories. In Retish's opinion, this strategy has "caused society to protect no one." The issue is why the HRC does not protect human rights for everyone rather than putting people into categories and protecting or weakening human rights. The issue Retish wishes to put forward is whether there is an advantage to having all of these categories and supporting them? Retish indicated that he could put forward an argument that the protected categories do not encompass enough people. So the question is why does the Commission support this type of protection? Should there be other strategies to address human rights. Shank asked whether it would be possible to have both type of strategies, advocating human rights for all through respect, etc., and enforcement against specific rounded types of discrimination. Retish's agenda item for the next meeting is as follows: "Support of categories under human rights ordinances, why, how, where, what if?." g. Cox wondered about the special meeting that was initially called and then called off. Shank indicated that under the Ordinance the Commission may seek a temporary injunction when the complainant may suffer irreparable harm. An ex parte injunction may only be issued when the complaint alleges housing discrimination. After consideration of the issue, the City Attomey's office decided that attempting to acquire the injunction was premature. h. Warren asked Shank for clarification as to the School Board Facilities Use policy and the Commission's silence on the issue. Shank explained that the Commission's voice expressing either approval or disapproval may be a problem if someone in the future wanted to file a complaint against the school district because a boy or man was denied permission by the boyscouts to be part of the boyscouts, and the denial took place during a meeting in a room on school grounds. There are many issues that may be involved in a case like that so it was prudent not to express an opinion on any policies the school mAght develop. If the Commission was determined to be biased, the individual who has been denied access to the boyscouts because of sexual orientation would not have avenue to turn to because the State and Federal law does not include sexual orientation as a protected category. Warren indicated that people are loo-king to the HRC for guidance on the issue regarding the building use policy and the boyscouts. Cox clarified that the Commission usually gets involved after a policy has been developed and not usually during the policy making phase. Shank clarified for Howe that the Supreme Court of the United States found the 'boyscouts to be a private organization and thus were allowed to deny membership to whomever it wanted. 6. OLD BUSINESS: 4 Breakfast: Relish and Shank plan on being interviewed at WSUI regarding the HRC and the breakfast. On 10/04/01, Dottie Ray will interview Major at 11:45 a.m. Dottie Ray is on KXIC, which is 800 on the radio dial. Outreach & Meet Your Neighbor programs: Relish stated that the Sudanese Community is going to be the focus of the first Meet Your Neighbor program. The program is scheduled for Labor Day at 7:00 p.m. in the Black Hawk Mini-Park. The Sudanese put together a program to share with community members. There is going to be music, a Sudanese member of the education team w'dl introduce the participants, and Relish said that the program is going to be a lot of fun. The Sudanese musicians have played downtown before and Relish indicated they are very professional. There will be a handout about Sudan and information about the Sudanese in Iowa City. Relish added that this program is going to be followed up with movie night at Pheasant Ridge on Sept. 24. Historically, a group of women meet at the Pheasant Ridge Neighborhood Center to discuss women's issues. The movie to be shown on the 24m pertains to women's rights. Shank has been informed that 78 people are planning to attend so far and it starts at 7:00 p.m. Relish said that the group thought it made sense to show the movie in a place that many people do not go to. Another movie will be shown on the Eastside of town in the Broadway Neighborhood Center. Relish said the group also wants to show a movie down town on the wall. Several years ago the movie, Strictly Ballroom was shown on the wall outside of the Sheraton. Relish stated that in all of the HR Education Committee planning meetings the group has included the HR Breakfast in the list of activities. Relish indicated that the education committee was very interested in cooperating with the HRC and perhaps being the outreach arm of the HRC. If not, Relish is convinced this group of people will work on HR issues regardless of whether the HRC wants to participate. Shank explained that the HRC worked with the HR Committee last year to bring the HR Education expert from Minnesota to speak at the library and the High Schools regarding HR education. The HR Education Committee is not associated with any other group. 5 The HR Education Committee wanted Retish to ask the HRC whether it would be willing to join forces with the HR Education Committee to provide human rights education. Howe indicated that she thought this issue ought to be on the agenda for the next meeting. Shank stated that the issue was, in fact, on the agenda for the current meeting so it was permissible to discuss the issue. Warren said that she thought she was hearing that the Commissioners might want to attend some of the programs and see how it goes. It was pointed out that several programs would be over before the Commission met again. After hearing more, Howe said that joining the HRC and the HR Education Committee sounded like a good idea. Retish mentioned that combining efforts of the two groups would increase the credibility of the education committee and assist the HRC in their education function by increasing its outreach efforts. Motion: Howe made a motion that the HRC work with the HR Education. Neblett seconded the motion. Motion: approved 9-0 7. REPORTS OF COMMISSIONERS: Major reported he is running for City Council and this year as he was gathering signatures he observed a great deal more diversity on the Southeast side of Iowa City than Major witnessed two years ago when he gathered signatures. 8. STATUS OF CASES: Shank reported that another case came up from legal so it will probably be assigned to Team B. Joslyn will be assigned to Team C. Mediation occurred in one case that was scheduled for public hearing. The other case that is going to public hearing has been rescheduled for November. 9. ADJOURNMENT: Motion: Howe moved to adjourn, Cox seconded the motion. Motion: approved 9-0 Heather Shank From: UI Center for Human Rights [uichr@uiowa.edu] Sent: Thursday, October 04, 2001 2:38 PM To: Heather Shank Subject: Fwd: The Last Summer of Reason -Hi Heather, >>Planning now underway for every adult and adolescent in the Iowa City and >>Coralville communities to read the same book at the same time will be >>announced at a meeting scheduled Wednesday, October 10, at 2 pm in the >>Iowa City Public Library, Meeting Room C. This is your invitation to >>attend this meeting. >> >>This community reading project is being sponsored by the University of >>Iowa Center for Human Rights, the Iowa City Public Library, UI >>International Writing Program and Prairie Lights Bookstore. Additional >>cosponsors will be welcomed at the October 10 meeting. >> >>The chosen book is Tahar Djaout's "The Last Summer of Reason," a novel >>dealing with the absurdities of life in a fundamentalist state and how >>they are related to local and international human rights issues. On May >>26, 1993, novelist, poet and journalist Tahar Djaout was attacked by >>several assassins as he was leaving his home in Bainem, Algeria. The >>manuscript for "The Last Summer of Reason" was found among his papers >>after his death. "The book addresses precisely the problem we face in >>the world today: the lethal consequences of rigidly doctrinaire >>interpretations of religious texts," stated Christopher Merrill, >>Director, UI International Writing Program. >> >>Ruminator Books based in St. Paul, Minnesota acquired it for publication >>in the United States. The French government paid for the English >>translation and hosted publisher Pearl Kilbride for a week in Paris to >>discuss its cultural and political importance. "I did not have any way >>of knowing the illustrative significance and power that this small fable >>would produce after September 11," said Jim Harris Of Prairie Lights >>Bookstore. "Many of us have learned much about human rights from the >>struggles in South Africa and the leadership of Nelson Mandela. My wish >>is that we may gain something more through the artistry of Tahar Djaout >>in North Africa," concluded Harris. >> >>The idea of having as many people as possible read a single book together >>orginated four years ago in Seattle. The idea has spread to other >>cities, including Chicago, Ill., Buffalo and Rochester, NY, Springfield, >>Ill. and Boise, Idaho. >> >>Credit for the original idea is given to Nancy Pearl,a Seattle >>librarian. "It's based on the noble idea of community. My noble idea >>was that people would come together who would never come together any >>other way. Literature brings them together because a book touches them," >>said Pearl. >> >>DO join us On October 10. Additional information on this community >>reading project may be obtained by contacting Burns H. Weston, Director, >>UI Center for Human for Human Rights (UICHR) or Dorothy M. Paul, >>Executive Director. >> > 1 MINUTES ~ PLANNING AND ZONING COMMISSION SEPTEMBER 20, 2001 - 7:30 P.M. APPROVED/FINAL CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Pam Ehrhardt, Jerry Hansen, Dean Shannon, Benjamin Chair, Don Anciaux, Elizabeth Koppes MEMBERS ABSENT: None STAFF PRESENT: Mitch Behr, Bob Miklo, Shelley McCafferty OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 7-0 recommend approval of REZ01-00013, a rezonin9 from RM-20, Medium Density Multifamily, to RS-8, Medium Density Single Family for 3.02 acres located at 747 W. Benton. By a vote of 6-1 (Shannon voted no) recommend denial of REZ01-00015, a rezoning from Intensive Commercial (C1-1) to Community Commercial (CC-2) on 6.15 acres at Commerce Drive and Liberty Drive. By a vote of 7-0 recommend approval of REZ01-00012/SUB01-00009, a rezoning from Interim Development Single-Family (ID-RS) to Sensitive Areas Overlay Low Density Single-Family (SAC-5) and a preliminary plat of First & Rochester, Part 4, a 24.12 acre 36- lot residential subdivision located east of Hickoff Trail, subject to no building permits being issued until the extension of First Avenue is open to traffic. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:32 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Ernie Cox, of 913 Harlocke St., asked that a map be entered into correspondence. He directed the commission's attention to the area between Benton Street and Highway 1. He said his concern was with the major site plan review for the properties located at 1045 and 1075 Benton St. He said this lot is directly north and west of the Harlocke lot, which was recently dealt with, and it does include sensitive areas. He stated that the people in his neighborhood wanted to express concerns they have in their district. He said that some of the members of the neighborhood were able to talk with the developer and City staff about some of their concerns, including traffic, water run-off and drainage, setbacks, alternate lighting choices, and parking. He stated that the major site review will probably not come before the commission, but he wanted to alert the staff and commission to these concerns. Cox said that the traffic count data is over two years old, and that he was told there is a current traffic count underway. However, the neighborhood is hopeful they will have the opportunity to be involved the development of the Comprehensive Plan with regard to this district. He stated that the neighborhood wants to be active in plans for the district. He also questioned whether there is the potential for a pedestrian crosswalk on Benton St. He said this area has a lot of foot traffic and it is increasingly hard to cross the street. In response to a question from Anciaux, Miklo stated that the area is currently zoned RM-44 High Density Multi-Family, and that it currently contains two multi-family buildings which the Planning and Zoning Commission Minutes September 20, 2001 Page 2 developer plans to tear down to build four new buildings. He stated that a developer would need to submit a site plan before a building permit is issued, and the site plans are reviewed by staff. He said this matter would not come before the commission unless owners of 20% of the properly within 200 feet sign a request that it go to the commission. Cox stated that at this point they do not see any need to petition. However, this is relative to the commission in regard to the Comprehensive Plan for this district. He is concerned that the district will be mostly developed before the Comprehensive Plan is finalized. Miklo stated that staff has been doing research for the Southwest District Plan and have met with Mr. Graf and other neighborhood residents. He said the workshops are tentatively scheduled for the last week of October or the first two weeks of November. He said written invitations will be sent when plans are firreed up. He said the workshops will be similar to the ones held with regard to the Northeast District, and the community will be invited. Bovbjerg encouraged Mr. Cox to put the neighborhood concerns and their understanding from meetings with developers and staff into written form. Bill Graf thanked staff for getting the neighborhood representatives together with the developer. He stated that the neighborhood does not believe there is anything significant they can oppose with regard to the development. However, the concerns are traffic, drainage and parking. He said that, with the existing area they get people parking on Harlocke Street from Seville Apadments. Graf said that the neighborhood representatives have been before the commission many times since 1985 with concerns. The neighborhood would like to know what they can do to facilitate getting the Comprehensive Plan underway. Graf asked if the developer makes promises, are they binding. Miklo stated that there is nothing binding if it's not required by the zoning or building codes. Graf stated they will work with the developer to make this project the best it can be, but they need the Comprehensive Plan to help prevent problems in the future and to preserve their neighborhood. Chair stated he was excited about the comments that were made and was encouraged by the involvement of the neighborhood. He stated that the commission can only lay out the guidelines as they believe they work the best. He is encouraged that the neighborhood has been provided the opportunity to get involved at an early state in the development. He said that planning and zoning is non-static and is always changing. He said that it is never too late in the big scheme of development. Hansen echoed Chait's sentiments, and stated that they put the Southwest District Plan to the top of their priorities because of neighborhood involvement. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg stated that there were vacancies on several boards and commissions. She encouraged citizens to get involved. REZONING ITEMS: REZ01-00013. Discussion of a rezoning from Medium Density Multifamily (RM-20), to Medium Density Single Family (RS-8) on 3.07 acres located at 747 W. Benton Street. Bovbjerg stated this was the second of the usual two meetings, so this item could be voted on tonight. McCafferty stated that the staff recommends this be rezoned. She directed the commission to a letter which she passed out prior to the meeting, from a representative of the Ruppert family Planning and Zoning Commission Minutes September 20, 2001 Page 3 expressing concerns about the rezoning. She stated that it is still staff's position that this land be rezoned. Public discussion: William Buss stated he had nothing to add but would answer questions. Bovbjerg stated that the Ruppeds own property south of Benton Street and north of Highway 1. Chair asked for confirmation that the Ruppeds were concerned with the downzoning because of the effect it would have on the potential value of their land in terms of precedent-setting. McCaffedy stated that the Rupperts have had discussions with the City and they have been presenting ideas regarding rezoning of their property. There has been no formal application for rezoning of that property. Her understanding of the letter is that they feel this might set a precedent for the rezoning of their property. Chair stated that this whole area has been a very difficult area because of congestion and density. He said he hears their concern regarding precedent setting, but the commission is not a court of law. He stated that his experience on the commission is that each property stands on its own. They make the recommendations and guidance based on each property, and they are not political. Anciaux stated he also hears the concern, but he feels this rezoning will put a buffer between the RM-20 zone and more of the RS-8. Chait stated he thinks the concern is that by allowing this downzoning, the commission may endorse that kind of future for any and all property that comes for zoning. However, he stated we cannot judge tomorrow by today. Public discussion closed. MOTION: Anciaux moved that the property located at 747 W. Benton be rezoned from RM-20, Medium Density Multifamily, to RS-8, Medium Density Single Family. Seconded by Hanson. Anciaux said he feels this rezoning provides an opportunity to put a buffer between the RM-20 and the RS-8 to the east, and that could eliminate some problems they see in that area. Hansen commended Mr. Buss for bringing this issue up to the commission. Hansen said he was concerned with traffic onto and off of Benton Street. Ehrhardt praised and acknowledged the intentions of the applicants in that their priority is the integrity of their neighborhood instead of money. Chair stated he feels this is an appropriate use for the property and enhances the neighborhood. He said it reduces the density in the neighborhood and maybe makes more possibilities available for an effective plan for the rest of the land. Shannon said that he understands the comments, but does not understand downzoning property that probably is not going to be developed. Bovbjerg stated staff reported that the idea of the applicant is that, when the owners no longer own it, they would like the next owners to use it at a density that is more single family than multi family. Shannon said he does not like to see higher density properties slip away because he is against urban sprawl. Planning and Zoning Commission Minutes September 20, 2001 Page 4 Chair said he is a strong proponent of developedland owner rights and they cannot question the intent of a landowner if it fits with the comprehensive plan. However, he said he understands Shannon's question of whether this is in the best interest of that type of use for that type of land. Miklo advised that there is currently a dwelling on the northern portion of the site, and the land drops off into a wooded ravine, an environmentally sensitive area. He said that if this was a flat piece of land this discussion may have some merit, but given the environmentally sensitive nature of the property there is probably not much that could be done with it. He also said that there is a historic house on the property that may have merit to be preserved. Hansen stated that this was similar to the Weber-Harlocke piece last time. Bovbjerg stated that this was a very well presented application. She said that any hesitation she would have upon reading the Ruppert request would be that an upcoming application of neighboring land cannot be a factor on this particular land request. She said without both applications in front of her, she cannot be swayed by the possible future of a neighbor. She said this Whole neighborhood is a marvelous hodge podge of zoning which creates the problems they have had with zoning in this area, and this rezoning would be a logical and beneficial change. The motion carried on a vote of 7-0. REZ01-00015. Discussion of a rezoning from Intensive Commercial (C1-1), to Community Commercial (CC-2) on 6.15 acres at Commerce Drive and Liberty Drive. Bovbjerg stated this was the second of two meetings and could be voted on tonight. McCafferty stated she has included a memo in the packet in response to commissioner questions and the arguments presented by Bob Downer. She said the applicant wants to rezone this from Intensive Commercial (C1-1) to Community Commercial (CC~2). She said there is a distinct difference between these two types of zones. She said that with the Intensive Commercial zone you typically find auto body shops, contractor facilities, auto glass shops, welding facilities and other light manufacturing. She said that in the CC-2 zone, you will have retail uses primarily, including theatres, grocery store, apparel shops. McCafferty said staff is concerned regarding traffic. She said because this is zone primarily industrial and the intent is for this entire park to have industrial use and character, and because industrial develops rather slowly, the City has not seen a need to incorporate into their capital improvement budgets a budget for signalization or any other improvements. The other traffic concern is the character of traffic. She said with CC-2 zoning you would have an increase in autos, minivans, pedestrians and bicycles. This traffic would be using the same access points and roads as semis, heavy equipment and larger trucks. McCafferty stated that staff was concerned that rezoning this property to CC-2 is not only noncompliant to the Comprehensive Plan, but it also makes it attractive to developers to locate here because the cost of C1-1 land is less than CC-2 or CN-1 zones. She said her research into tax assessor values shows that most of the C1-2 zone values is approximately 74% less than a CC-2 zone. Therefore it is attractive to developers to try to rezone land to CC-2 rather than build in areas already designated for CC-2 development. McCafferty said the commission is not looking for simply a particular grocery store that is being proposed; rather they are looking at a broader picture in terms of retail uses. She said the owner proposes a grocery store, but that is not necessarily what will be built. She said the commission's role is to look at the zoning and whether it is appropriate based upon the Comprehensive Plan. Planning and Zoning Commission Minutes September 20, 2001 Page 5 McCafferty said staff recommends that Community Commercial rezoning is not appropriate and would not be in compliance with the Comprehensive Plan, so the commission would have to amend the Comprehensive Plan as well. McCafferty stated there are other areas within the eastern side of Iowa City that are already zoned CN-1 or CC-2 where this retail development would be more appropriate. She reiterated that staff does not recommend this rezoning. McCafferty said that if a majority of the commission is inclined to approve the proposed rezoning, an amendment to the Comprehensive Plan would be necessary. Therefore, the commission would have to first set a public hearing to amend the Comprehensive Plan at the next meeting. Bovbjerg clarified that if the commission felt there would be a positive vote to approve, the entire application would have to be held in abeyance until they have a Comprehensive Plan discussion. Chait asked if, technically, they could approve this application subject to the condition that the Comprehensive Plan is altered. Miklo said that state law states that the zoning has to be in conformance with the Comprehensive Plan, so in the past it has been the procedure of the P&Z commission and the City Council to first vote on the Comprehensive Plan amendment. Behr stated there have been discussions about this in the past, and the City Attorney's office advises against approving with a condition such as this. He said it is too large a contingency in their opinion because it is a public hearing process. Miklo recommended that the commission first make a motion to amend the Comprehensive Plan and depending on how that motion goes, they could then make a motion to approve the application and vote on it. He said that if the motion to amend the Plan were to fail, then it would presuppose that the motion to approve would fail also. Public discussion: Bob Downer introduced himself as the attorney for AI and Mary Jo Streb, the applicants. He stated that after the discussion with staff two weeks ago, he went through his files regarding development of this property, and he passed out several items to the commission that he feels are relevant. In addition, he passed out a letter from Fareway Stores that gives their perspective on this matter. Downer directed commission attention to the document entitled Scott Six Industrial Park Public/Private Partnership, which sets forth the contributions by the City and by the developers as a way to get additional industrially zoned land in Iowa City. He specifically called attention to item four under City contribution regarding the installation of 420th Street, which he said was contemplated as being part of this development in 1997. He said it is not something that has an impact at the present time. He also referred to a memo from Karin Franklin with several attachments. He said the third page shows $1,200,000 was for the construction of 420th Street. Downer said that the table appearing on the third page of the memo, item 2 of installation of sidewalks was all within the industrially zoned lots, and the absorption of the sewer and water tap-on fees in item 4 was in the industrially zoned lot. He said the only thing that could be considered applicable to the commercial property, other than with regarding to the construction of 420th Street, was a review of storm water quality plan. Therefore, any suggestion that there was a large City contribution to the commercially zoned lots in connection with this is not accurate. Planning and Zoning Commission Minutes September 20, 2001 Page 6 Downer referred to photographs shown at the Monday night work session regarding buildings that are typical in the Cl-1 zone. He said that the conditional zoning agreement and areas he has highlighted on pages 3 and 4 of the memo clearly show that this is not the type of development that was ever contemplated in this subdivision. He stated it was intended throughout to be a subdivision, regardless of whether it was the commercial or industrial areas, that was not made up of metal buildings of the type that appear in the photographs shown Monday evening, but was to present an aesthetically pleasing appearance to the public. He feels the type of supermarket built by Fareway is a masonry building which would be consistent with the type of appearance that is called for in the conditional zoning agreement. Downer referred to a February 13, 1997 memo from Jeff Davidson to Scott Kugler, citing a sentence in the fourth paragraph of the memorandum: "The type of uses which will be permitted in this area are among the highest traffic generators of any type of land use." He said that it was indicated to them that the CC-2 zone would result in a substantially increased volume of traffic, yet it is clear from the 1997 documents generated when the subdivision was under consideration that this area was contemplated as generating high levels of traffic. Downer pointed out that the Fareway store on Mormon Trek is some distance from a signalized intersection, and the egress for that shopping center is not signalized. Downer stated that several of the uses staff cites as predominant uses in C1-1 zones such as coffee shops are also CC-2 uses. He said there is currently a grocery store in this subdivision which was permitted because gasoline was sold there. Downer said he does not understand the relevancy of the price discussion, because it is either an appropriate land use or it is not. He said this is a far less substantial change in zoning, particularly given the provisions of the conditional zoning agreement, than staff has indicated. Downer stated that a petition has been circulating in connection with this zoning request with over 1300 signatures, and he provided a copy of that petition to the commission. Downer stated that there have been several locations identified where this might possibly appear, but there are reasons why those are not suitable insofar as Fareway is concerned. Those concerns are set forth in the letter from Fareway. Downer stated that Larry Schnitjer advised him that he did not feel the location adjacent to Bon Aire was appropriate from an access standpoint because the frontage road is too close to Highway 6 to provide any stacking spaces at the signalized intersection, so customers would use the Bon Aire access. Public discussion closed. MOTION: Chait moved to set a public hearing on the Comprehensive Plan for October 4th. Shannon seconded. Chait stated this is right where they need to be in terms of addressing the concerns around the Comprehensive Plan. He said that his understanding is the commercial zoning is in place, it's the use of that commercial zoning that is in question. He said that this particular use at this particular time is not consistent with the Comprehensive Plan. He stated that the lower price of the C1-1 zone would attract leapfrog type development, where an area is developed because of considerations that don't necessariiy go to the best use of that land. Planning and Zoning Commission Minutes September 20, 2001 Page 7 Chair said a concern is for the type of traffic, which is a whole different nature in terms of the individuals who traffic that type of land use. Retail and industrial traffic don't mix well. Chait said that the Rochester-Scott area may be more appropriate for this type of retail use. He said it is a Comprehensive Plan issue they need to look at. Ehrhardt stated she recalls the discussions on this parcel of land and the ultimate zoning as Intensive Commercial, and she has not heard an argument that convinces her that this should be retail commercial. She said this area is not a pedestrian friendly area. She stated that some would say they want a Fareway over there, but they are not looking at the history and the zoning issues pertaining to this particular property. She said that just looking at the other grocery stores in town convinces her that this land in question is not suitable for a retail center. Most of the other grocery stores are surrounded by or in close proximity to residential neighborhoods. This location is isolated and would only be accessible by car. Residents could not easily walk or bicycle to this area. If they did they would encounter industrial traffic. Chair said that the petition signed by 1300 people warrants a meeting to invite the public to have the community revisit and participate in the conversation. Ehrhardt reminded the commission that they cannot consider one particular use that is proposed to go into the lot. She said that if the application were approved, the applicant could sell it for any retail use. Shannon stated that he has voted against a proposal before and then regretted it later. He mentioned the Mercy office rezoning. He said he would like to hear more input from the public. He said we lose tax base when we lose retail. He said that if there is a good need for the rule to be changed, they should look at that. Hansen stated he agrees with the point that the residents of the southeast side do want a grocery store. He said that putting a store in this location might be good for the tax base of Iowa City in the shod term. However, he has a concern about how hard it will be to replace the industrial park; it was a fight to get this Intensive Commercial and Industrial zoning in the City limits. He said it is already in place, and he is very leary about changing the current zoning. In the long term this could detract from the development of the industrial park. Chait said that he did not necessarily think that this was the best place for a grocery store, but given that 1300 people signed the petition, perhaps the Commission should have a public hearing on the Comprehensive Plan for this area and hear what these people have to say. Miklo said that there have been two hearings on the question of this rezoning. These meetings were well advertised in the press yet only one person spoke on this issue. Anciaux said he was at the convenience store that sponsored the petition and the man in line in front of him had signed the petition. He asked the man if he knew what the petition was about and he said that he did not but signed it anyway. Anciaux said he would be wary about making development decisions based on petitions. Shannon said that based on what he has heard there is a lot of support for a Fairway on the eastside and many people who signed the petition probably knew what they were signing. Koppes said that she would love to have a Fareway on the eastside as would many of her friends and neighbors, but this was not the best place for it. Bovbjerg said this decision was not about one particular brand name or type of grocery store but about whether or not this location is appropriate for retail commercial development. Should the City change previously agreed to plans for this area and change the character of development to allow retail stores amongst industrial uses? She said that she had visited the area and is of Planning and Zoning Commission Minutes September 20, 2001 Page 8 the opinion that it would be unwise to mix industrial and retail traffic in this location and that there are better locations on the eastside for a grocery store and other retail uses. The motion failed on a vote of 6-1, Shannon voting in the affirmative. MOTION: Chait moved to approve REZ01-00015, an application to fezone from Intensive Commercial (C1-1) to Community Commercial (CC-2) on 6.15 acres at Commerce Drive and Liberty Drive. Anciaux seconded the motion. Ehrhardt stated that she felt the pedinent points had been previously made. Shannon said that he hears what people are saying about traffic, but he does not feel it presents any danger. He said there is minimal large truck traffic at the site. The motion failed on a vote of 6-1, Shannon voting in the affirmative. MOTION: Ehrhardt moved to deny REZ01-00015, an application to rezone from Intensive Commercial (C1ol) to Community Commercial (CC-2) on 6.15 acres at Commerce Drive and Liberty Drive. Chait seconded the motion. The motion passed on a vote of 6-1, Shannon voting in the negative. REZ01-00019. Discussion of an application submitted by the Iowa City Historic Preservation Commission for rezoning from Medium Density Single-Family (RS-8) to Historic Preservation Overlay (RS-8/OHP) and Conservation District Overlay (RS-8/OCD) for properties within the Longfellow Neighborhood. Ehrhardt said that her home was located within the proposed district, and therefore she would abstain from discussion and would leave the meeting. McCafferty stated that this rezoning application would provide for the Longfellow Historic District, the Clark Street Conservation District, and the Dearborn Street Conservation District. She said that the Historic Preservation Commission had spent a considerable amount of time on this project. She said that a number of meetings were held with the property owners and neighborhood association and there is public support for this proposal, She said that the proposed districts are in compliance with the Comprehensive Plan policies to preserve and protect older neighborhoods. Staff recommends this rezoning application. Bovbjerg asked for a clarification on the differences between a Historic District and a Conservation District. McCafferty stated that a Historic District contains homes that are eligible for the National Register. She said that more than 60% of the homes must contribute to the sense of time and place as defined by the architectural historian and Historic Preservation Commission. She said that a Conservation District has a sense of time and place as well; however, fewer than 60% would be considered as contributing. She said the guidelines for a Conservation District are less stringent than the guidelines for a Historic District. Public discussion: Bovbjerg asked staff if this application should be considered as one or as three separate items. Chair stated that this was presented as one item. Mike Gunn identified himself as the Chairman of the Hi.storic Preservation Commission. He said that by City Ordinance different standards apply under different conditions. In response to a question from Koppes, he explained that 60% or more of the homes in the Clark Conservation Planning and Zoning Commission Minutes September 20, 2001 Page 9 District comply with the requirements of time and place for a conservation district, but fewer than 60% contribute under the criteria for a Historic District. Cecile Kuenzli, 705 S. Summit, identified herself as the President of Longfellow Neighborhood. She said they are excited about this application and feel it will bring stability to the neighborhood. Liz Crooks, 610 Clark Street, stated that she feels strongly about this neighborhood, and she encourages the commission to move forward on this rezoning. Public discussion closed. MOTION: Chair moved to defer discussion of REZ01-00019 to the next meeting, an application submitted by the Iowa City Historic Preservation Commission for rezoning from Medium Density Single-I=amily (RS-8) to Historic Preservation Overlay (I~$-8/OHP) and Conservation District Overlay (P-S-8/OCD) for properties within the Longfellow Neighborhood. Hartsen seconded the motion. The motion carried on a vote of 6-0. REZONING/DEVELOPMENT ITEMS: REZ01-00012/SUB01-00009. Discussion of a rezoning from Interim Development Single-Family (ID-RS), to Sensitive Areas Overlay Low Density Single-Family (SAC-5) and a preliminary plat of First & Rochester, Part 4, a 24.12 acre 36-1ot residential subdivision located east of Hickory Trail. Miklo stated that a revised plat was presented by the applicant which complies with all City Codes, and staff recommends approval subject to no building permits being issued until First Avenue is completed. Chait asked if they could put a condition on the applicant that houses could be built but no occupancy permit could be granted until First Avenue is completed, due to the length of time it typically takes to build a home. Miklo stated that could cause numerous problems, and that delays could come up on the building of First Avenue which would cause delays in occupancy. Public discussion: Mike Pitton, 2772 Hickory Trail, expressed concerns that were raised the last time building was discussed with regard to the number of units along Hickory Trail. In response to a question from Pitton, Miklo stated there were approximately 70 units in the area already and 36 contemplated in this application. Pitton stated that the number of vehicles that would be added would create a load on Hickory Trail due to the fact that there is no secondary access from First Avenue to Hickory Trail East. He understands there is a 950' limitation on the length of a cul de sac, but this subdivision would involve a cul de sac ending at the point where you have this potential development. Pitton said there were concerns with construction regarding access, slope and watershed and discussions about a swail where there would be standing water on the street for some period of time that could potentially freeze. He said that there was mention that the standing water would presumably dissipate over time, but there is no way of knowing how much time. He said there was also mention that the resulting drain would be required to be cleared by the owners, but he understands that the tail end of that drain would be adjacent to open land, so there would be no adjacent owners to keep the water flowing. Planning and Zoning Commission Minutes September 20, 2001 Page 10 In response to a question Miklo stated that the drain in the park would be maintained by the City. Pitton said the main concern is secondary access and the number of vehicles that would be coming through. He said the earlier development had been denied until First Avenue is extended to provide a secondary means of access for the neighborhood. He said this problem still exists for this development. He stated that ACT will not allow access to go to the north. Pitton said he was in favor of a park being developed due to the lack of open space in the neighborhood. He stated that it has now been made clear that Tamarack Trail will not extend to the north, and that it will contain a permanent cul de sac. He said the storm water management portion of the report does not review the swail issue. He said the difficulty with water drainage in the past will only be aggravated by development. He said that the plan does not comply with the Northeast District Plan. Chait said that most of the concerns raised were technical and were fairly regulated. However, he asked the staff to respond to the issue of secondary access. Miklo stated that the 1997 application for this property was denied for lack of secondary access for the entire neighborhood, not just Hickory Trail. He said that staff felt that there should be no additional units in the area until there was a second way into the larger neighborhood. Staff believes that First Avenue will provide secondary access to the larger neighborhood. Miklo stated that up to 2,500 vehicle trips per day would be permitted on Hickory Trail before secondary access would be considered, and that this development would cause the estimated traffic to rise to approximately 840 trips per day. He stated that even though ACT now owns the property to the north and does not intend to develop it residentially, they may not always be the owner of this land. He said that it is zoned for residential development, so someday Tamarack Trail may be extended to the north if this area develops as zoned. Miklo stated that the Public Works office has reviewed the drainage plans quite carefully and is satisfied with them. Referring to a comment that this project does not follow the Northeast District Plan, he stated that the actual staff report says that although the subdivision does not follow the plan exactly, it does include many of the elements of the Northeast District Plan and in staff's opinion is in general conformance with the Plan. Pitton stated that Hickory Trail is 28' wide and there is not room for two vehicles to safely pass with cars parked on both sides of the street. He said that was a basis for requiring secondary access for areas as low as 29 total units in an earlier decision which he understood went to the Iowa Supreme Court. Chait said that based on technical criteria, the issue of secondary access is not a concern, but that if there are other mitigating circumstances, such as topography, they should be addressed. Miklo said that those circumstances are not a concern in this instance. Pitton stated that the issues should be separated. He was concerned about emergency vehicle access to the units due to the fact that there would be over 100 units and only one way in and out. He said that his understanding was that secondary access was required with 29 units and 44 units. Miklo stated that those numbers were generated before 1992, when the current guidelines were adopted. Chair advised Pitton to trust the process; that staff is very thorough and committed to service to the community. Bovbjerg expressed appreciation for PittoWs comments. She asked that after voting on the motion, staff look into limiting parking along Hickory Trail, at least during the time of Planning and Zoning Commission Minutes September 20, 2001 Page 11 construction. Pitton said that the neighborhood had raised concerns about whether it was possible for the construction trucks to come in from a different way, perhaps through the ACT property. Chris Steffen of MMS Consultants stated he has been working with the developer on this project. He said there were concerns voiced by Gary Carlson and Dr. David Forkenbrock about the culvert presently at the end of Hickory Trail. He said they have come up with a plan for creating a swail that will help discharge excess water should the culvert become plugged on the north side of Hickory Trail. He said that have also offered to put a larger inlet into the culvert on the upstream side to help reduce the amount of ponding that would occur there. Steffen stated that there was talk about finding a construction access to the north. He said that the map shows they are almost 2000 feet away from the end of future Scott Boulevard, which makes it difficult to look at for access of construction traffic. However, he said they are open to discussion on that issue. Bovbjerg stated that they had looked at further stormwater intakes along the farther reach of Hickory Trail previously, and were told that those would alleviate some of the concerns. Steffen stated that the low point as previously designed was to be where the present intakes are, almost at the end of Hickory Trail. He said the street grade has been revised to move the low spot about 20 feet further east, leaving the existing intakes in place. Bovbjerg expressed concerns that Tamarack Place is perhaps misnamed since it intersects with Hickory Trail, not Tamarack Trail, and this area is confusing, and suggested it be named something else. Steffen said he would defer to the City on this issue. Miklo stated that the Fire Department usually reviews plats for questions like that, and the City will discuss it with the Fire Department prior to the final plat being approved. Steffen said that street names could easily be changed. Public discussion closed. MOTION: Hansen moved to approve REZ01-00012/SUB01-00009, an application to rezone from Interim Development Single-Family (ID-RS) to Sensitive Areas Overlay Low Density Single-Family (SAO-5) and a preliminary plat of First & Rochester, Part 4, a 24.12 acre 36- lot residential subdivision located east of Hickory Trail, subject to no building permits being issued until the extension of First Avenue is open to traffic. Chait seconded the motion. Ehrhardt stated she appreciated the developer taking the time to meet with the neighbors and address the neighborhood concerns. The motion carried on a vote of 7-0. REZ01-00018/SUB01-00020. Discussion of a rezoning to amend an OPDH plan to permit 9 residential units on 1.56 acres of property, and a preliminary and final plat of Village Green Part XVIII and XXI, a 4.33 acres, two lot residential subdivision located west of Scott Boulevard and south of Wellington Drive. (45-day limitation period: October 15) Miklo stated that there are still some deficiencies and discrepancies in this application and they expect to have them resolved by the next meeting. The staff expects to recommend approval of the application subject to approval of legal papers and construction drawings. Planning and Zoning Commission Minutes September 20, 2001 Page 12 Public discussion: There was none. Public discussion closed. Hansen moved to defer REZ01-00018/SUB01-00020 to the next meeting. Anciaux seconded the motion. The motion carried on a vote of 7-0. OTHER: Consider a recluest submitted by Kevin Perez to amend the Zoninq Code to I~ermit sicIns on sidewalk cafes. Bovbjerg stated that the options of the commission were whether they wish to discuss this now and ask Council to have a look at it; whether they want to discuss it later and put it in the Code Amendment review project; or whether the sign ordinance should remain as is. Public discussion: Kevin Perez said that he owns "126" downtown, and that was an extremely long process to have a sidewalk caf~ approved. He said that he put up a canvas fence next to his caf~ that said "126" on it, and the City told him he had to take it down. He stated that he is asking to have the name of the business be allowed on an outside barrier of a sidewalk caf~. In response to a question from Ehrhardt, Perez said that he feels it makes the caf~ look good, and he doesn't want to replace his awning. Chair asked if Perez felt this advertised his address also. Perez said that in his case it does because that is the name of his establishment. Responding to Shannon, Miklo stated that the sidewalk caf~s are removed in the winter. Perez thought that they were removed December 1 and could go back up March 1. Bovbjerg suggested that Perez could turn the canvas inside out. Miklo stated that he could also paint over the name. Public discussion closed. Ehrhardt stated that it was too bad that Perez innocently violated the ordinance. Chait stated that he felt that this type of "visual candy" contributes to downtown. He said that they have historically been user friendly in terms of signage, but the bigger concern has to do with time constraints. He said that Iowa Avenue is happening and things are moving forward. Bovbjerg stated that any decision made by the commission would then pertain to all sidewalk caf~s, perhaps only in the CB-10 zone, and that a code amendment project would take care of this. She said it might be a sign of things to come. She suggested that they move to put this on the agenda for the code amendment project. Miklo stated that it would probably be several months because the sign ordinance is one of the last things that will be discussed. Chait moved to study signs for sidewalk caf~s as part of the code amendment project. Shannon seconded the motion. Hansen said he would like to see a general review of all signage. The motion carried on a vote of 7-0. Planning and Zoning Commission Minutes September 20, 2001 Page 13 Perez asked what this means to him. Bovbjerg explained that currently he is operating under the current zoning ordinance. She said that there are people who are looking at all of the zoning ordinances, and as they work on that, they will consider this kind of amendment. Consider a request from Hills Bank to amend the Zoninq Code to permit free standinq siqns in the Commercial Office (CO-1) Zone by special exception. Chait asked if the commission could approve this as a special exception. Miklo said it was not the only building that was involved, and would recommend they leave the sign ordinance for the CO-1 zone alone. He said staff feels it currently contains fairly generous provisions for signs and that free standing signs are prohibited in the CO-1 zone because it is often a transitional zone between more intense commercial areas and residential areas. Chait suggested that perhaps the applicant could request a rezoning. Anciaux moved to leave the sign ordinance in the 00-1 zone as it is. Koppes seconded the motion. The motion carried 7-0. Hansen moved to approve the minutes of the September 6, 2001 Planning and Zoning Commission meeting as written. Koppes seconded the motion. The motion carried on a vote of 7-0. ADJOURNMENT: Anciaux moved to adjourn; seconded by Hansen. The meeting was adiourned at 10:23 p.m. Dean Shannon, Secretary Minutes submitted by Neana Saylor ppdadnVmin/p&zg-20-01 .doc ICGov.org Server Pricing Notes Interland - Current host Freedom 400x package $149.95/month ($49.95 set up) (500 MB disk space) $720 - $840 DNS set up/move (Gaz Comm's) Atomz Prime Search $600/yr or $200/quarter, 1000 pages $1,000/yr, 2000 pages $1,200/yr, 2500 pages Online Connections $49/mo Total: $283/mo; one time set up $770 - $890 RSM McGladrey, Inc. - Recommended R-Pack Quote $149.00/mo SQL Database 45,00/mo MS Index Server Catalog 20,00/mo (unlimited pages, .pdf or any MS) Set up (RSM McGladrey) $425.00 Index search set up & results page design $100.00 SQL set up $500.00 - $650.00 DNS set up/move Online Connections $49/mo Total: $263.00/mo; one time set up $1,025 - $1,175 Basis of Recommendation: n Growing page count will continuously increase search feature costs. Increased functionality of MS SQL Server 2000 Database over MySQL Database. RSM McGladrey is based in Cedar Rapids and can provide local suppod and training when needed. POLICE CITIZENS REVIEW BOARD MINUTES - September '11, 2001 CALL TO ORDER Chair John Watson called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: Bill Hoeft, Bey Smith, John Stratton and John Watson; board members absent: Loren Horton. Staff present: Legal Counsel Catherine Pugh, PCRB staff Kellie Tuttle. Also in attendance was Captain Tom Widmer of the ICPD and three unnamed students. CONSENT CALENDAR Motion by Stratton and seconded by Hoeft to adopt the consent calendar as presented or amended: a. Minutes of the meeting on 8/22/01 b. ICPD General Order - Bomb Threats/Emergencies c. ICPD General Order - Administration of Department Training d. ICPD Use of Force Report - July 2001 Motion carried, 4/0. Horton absent. NEW BUSINESS Next month the Board will select a chair and a vice-chair. Watson asked if Stratton and Horton would serve as an informal nominating committee since they have served on the board the longest. OLD BUSINESS Deferred until October 9th meeting. PUBLIC DISCUSSION · Three unnamed students attended the meeting to find out more information about the Board. They are writing a class paper covering both sides of an issue. Watson suggested they may want to come again or speak to board members individually since the meeting was shortened. Also, Watson informed them that Council had voted to continue the Board without a sunset clause. The unnamed students then asked several questions about the Board. PCRB September 11, 2001 MEETING SCHEDULE · October 9, 2001,7:00 P.M., Lobby Conference Room · November 13, 2001,7:00 P.M., Lobby Conference Room · December 11,2001, 7:00 P.M., Lobby Conference Room BOARD INFORMATION Watson stated he had not heard back regarding his response to the City Manager. He assumes the Council will have that letter tonight. Tuttle informed the Board that Council had not seen the letter and at the September 10th work session Arkins stated he wasn't sure how he wanted to handle the Board's response. Watson thought that Hoeft and Smith should wait to share some information about themselves until next meeting when Horton is back. Pugh suggested the Board members should share some information for Hoeft and Smith so Stratton and Watson gave some background information about themselves. STAFF INFORMATION Tuttle informed the members again that the only information provided on the web site now is name and term. Applications are public information and if requested, copies will be given out. There will also be a contact list where board members can be reached and where they would like their packet mailed. This list is also public if all Board member information is requested. Watson suggested that members add their e-mail address as well. EXECUTIVE SESSION Motion by Stratton and seconded by Hoeft 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 by law, rule or procedure that 2 PCRB September 11, 2001 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. Open session adjourned at 7:15 P.M. REGULAR SESSION Regular session resumed at 7:25 P.M. Motion by Hoeft, seconded by Stratton to extend deadline on 01-02 to November 15, 2001. Chair directed staff to draft letter regarding extension. Motion carried, 4/0. Horton absent. Watson briefly updated new members on the Board's letter to the City Manager regarding his request pertaining to 01- 01. ADJOURNMENT Motion for adjournment by Stratton and seconded by Hoeft. Motion carried, 4/0. Horton absent. Meeting adjourned at 7:32 P.M. 3 10-23,0I MINUTES ~ IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, SEPTEMBER 6, 2001 FINAL/APPROVED CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Chuck Felling, Terry Trueblood, Sandra Hudson, Rick Fosse, Betsy Klein, Gary Nagle MEMBERS ABSENT: Barbara Camillo STAFF PRESENT: Karin Franklin, Marcia Klingaman OTHERS PRESENT: Sandy Navalesi, Anna UIlerich CALL TO ORDER Sandra Hudson called the meeting to order at 3:30 p.m. RECOMMENDATION TO COUNCIL The amount requested for the mural on the Dulcinea building be approved subject to an appropriate maintenance agreement. PUBLIC DISCUSSION OF ANY ITEM NOT QN THE AGENDA: None. EDUCATION ITEM Sandra Hudson presented the education portion of this meeting. She offered a written piece, "Epicenter: Energy for the Arts" and also a map for members to look at. Her presentation was a personal perspective, and she stated that the vitality of a business community comes from pedestrians. She suggested that customers are not only looking for goods, but also an experience. She stated that pedestrian outreach must be pursued by all businesses. She pointed out that the storefronts along Iowa Avenue had little to no visual stimulation. It is her perspective that the Public Art Committee really needs to think about the street in terms of pedestrians (especially given the amount of time, energy, and money put into the Iowa Avenue Streetscape Project). One suggestion that she explored in her presentation was that of painted murals. Hudson then presented her research on the steps and materials involved in mural projects, focusing on the mural's maintenance and longevity. CONSIDERATION OF MINUTES: MOTION: Trueblood moved to approve the minutes. Fosse seconded. Motion passed 6-0. UPDATES ON CURRENT PROJECTS: Klein presented an update on the Faces of Iowa City exhibit. The presentation of the Nancy Seiberling portraits to the City Council was discussed. Karin Franklin stated that Nancy Seibeding and Ina Loewenberg were both present. The portraits are currently hung in the Civic Center. Klingaman and Franklin discussed the Iowa Avenue Literary Walk. Karin Franklin said that the dedication is scheduled for October 13, 2001. Marcia Klingaman stated that a subcommittee has been formed and working hard on the dedication ceremonies and celebration. There will actually be two different dedications on the day: one for Tower Place and one for the Literary Walk. She said that it will be advertised well. Klingaman described the rough outline for the day. Karin Franklin also stated that there will be a booklet available at Tower Place comprised of short biographies of the Iowa City Public Art Advisory Committee September 6, 2001 Page 3 authors and citations of the work. Franklin stated that the installation of the plaques is now set for the first week in October. CONSIDERATION OF PUBLIC ART FUNDING FOR MURAL PROJECT: Sandy Navalesi, owner of Dulcinea, stated that she had contacted Anna Ullerich to paint a mural on the Iowa Avenue side of the building housing Dulcinea. What Dulcinea is basically asking of the Public Art Committee is that the funds that are raised be matched by the City. Ullerich presented a possible Maintenance Agreement. Navalesi stated that the owner of the building is completely on board with the project if the City is also on board. Ullerich stated that the wall has been prepared and the next step is drawing out the picture and painting using paints that are top of the line available in Iowa. Ullerich presented past examples of her work along with a sketch of a possible mural for this project. The request is for $6,338.48. The date of completion is not definite because weather affects how fast the work can be done. Franklin stated that there is $110,000 in the public art fund, and the commitments for that money include "Ties that bind" ($38,000) and "Jazz". She indicated there are sufficient funds for this request. Hudson stated that her concern lies with the contractual agreements, the copyright waiver, and responsibilities. Trueblood moved to make a recommendation to City Council that this project proceed and the amount requested be granted subject to an appropriate maintenance agreement. Felling seconded. Gary Nagle stated that he would like to see a little more solid concept sketch or sketches. Ullerich stated that she would prefer to not tie herself to a specific painting and allow the project to create itself. Discussion followed with the majority supporting flexibility for the artist within the parameters of the proposal. Motion passed 5-0-1 (Nagle abstained). RECONSIDERATION OF THE DERNITION OF IOWA ARTIST FOR NEAR SOUTHSIDE TRANSPORTATION CENTER ART PROJECTS: Hudson asked for reconsideration at the last meeting of the definition of an "Iowa artist". She proposed an iowa artist include artists who have made a significant contribution to art while in Iowa and/or at some point have lived in Iowa. This is not to exclude young artists who have not had much experience. Franklin suggested that a possible definition could be the artists who live or have lived in Iowa and made a significant contribution to art in Iowa. Felling made a motion to define an Iowa Artist as somebody that has lived in Iowa and made a significant contribution to art in Iowa or who currently lives in Iowa. Trueblood seconded. Chuck Felling noted there might be an issue of defining significance. Motion passed 6-0. DISCUSSION OF THE POTENTIAL TEMPORARY LOCATION OF "THE TIES THAT BIND": Franklin stated that a suggestion was made by the Council that we might want to get the sculpture before the library is done and place it at a temporary location before the library was completed and then move it after the library is done. The extra cost of this would be the cost of moving the sculpture and the re-installation of it. Discussion of possible temporary locations followed. Locations will be looked into. Iowa City Public Ad Advisory Committee September 6, 2001 Page 3 DISCUSSION QF REQUEST FROM NEIGHBORHOOD COUNCIL: Chuck Felling indicated the neighborhood associations are ready to work with the committee and presented some possible concepts for neighborhood public art including decorative benches, banners, colored poles and hydrants. Hudson suggested that this might be a great item to put back on the agenda for the education segment at the next meeting. Felling agreed. COMMITTEE TIME/OTHER BUSINESS: None. ADJOURNMENT The meeting adjourned at 5:00 P.M. ppd0ir/min/ari 09-06-01 doc