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HomeMy WebLinkAbout2012-07-31 Bd Comm minutesAirport Commission May 17, 2012 Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION MAY 17, 2012 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Minnetta Gardinier, Howard Horan, Rick Mascari Staff Present: Sue Dulek, Michael Tharp Others Present: Jeff Edberg, David Hughes, Toby Myers RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Assouline called the meeting to order at 6:04 P.M. APPROVAL OF MEETING MINUTES: 07-31-12 2b(l) 2b(7 ) Minutes of the April 19, 2012, meeting were reviewed. Mascari moved to approve the minutes of the April 19, 2012, meeting as submitted; seconded by Horan. Motion carried 3 -0; Gardinier absent. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Airport Commerce Park — Jeff Edberg addressed the Members, noting that he has been getting frequent calls on the lots but nothing solid yet. He then responded to Members' questions, noting that with summer approaching he hopes to see increased interest. Members asked about the option period and if Deery had indicated if they were going to exercise their options for additional lots. Edberg will check with Deery Brothers to see if they want to take advantage of being able to purchase an additional lot. Mascari discussed other ideas for uses, mentioning that when the lots were first marketed, a group was interested in putting in an IMAX theater in the area. A brief discussion ensued about the history of this and other ideas previously considered. b. Terminal Building Brick Repair — Tharp noted that this afternoon they did a completion walk- through, and there are just a few things left to complete — the planter, some touch- up work, the keypad area. Members briefly discussed the damage done to the door keypad, noting that it was damaged by the acid wash used during repairs. Tharp will look into this issue and let Members know what he finds out. c. Hangar L — Tharp stated that he is working with the contractor on this and they hope to have a groundbreaking schedule in the next week or so. d. FAA/IDOT Projects /AECOM: I. Obstruction Mitigation — David Hughes stated that they have done some additional survey work on this. Airport Commission May 17, 2012 Page 2 ii. 7/25 Parallel Taxiway — The contractor will be starting back to work on this in the next few days, according to Hughes. Plans and specs have been reviewed by the FAA and are now ready for the public hearing to be set. 1. Consider a resolution setting a public hearing on plans, specifications, and form of contract for Runway 7/25 Parallel Taxiway Paving and Lighting — Mascari moved to consider Resolution #Al2 -18, setting a public hearing on plans, specifications, and form of contract for the Runway 7/25 Parallel Taxiway Paving and Lighting project; seconded by Gardinier. Motion carried 4 -0. Gardinier noted that she will be out of town for the next Commission meeting, June 21. Tharp added that all other Members will need to be present in order to meet a quorum, or the meeting needs to be rescheduled so more Members are able to attend. e. Airport Electrical Rehab — Hughes noted that he met with Tharp earlier today to go over these plans. He then briefly responded to Members' questions. f. AOPA Airport Support Network — Mascari noted that Members should have copies of the AOPA information that he received and sent to them. He briefly summarized the information, noting that federal grant money is shown to be 90% FAA, 5% state, and 5% local. Tharp noted that they typically have not had any luck getting the state's 5% match. Mascari continued, stating that the information from AOPA also talks about how they can promote the Airport. He stated that one of the ideas is to have an open house. The discussion continued, with Mascari summarizing some of the AOPA suggestions on such issues as being a good neighbor, noise reduction, and public education. Mascari added that he would like to see them move forward with promoting the Airport by using some of the AOPA suggestions. g. Aviation Authority — Assouline stated that he did meet with Jeff Davidson recently to talk about the Riverfront Crossings area. He shared with Members what he learned from this meeting, noting that Davidson is willing to come to a Commission meeting to speak about this, if the others are interested. The discussion continued, with Tharp laying out how this topic came up recently. Basically, if they were to switch to an aviation authority, it would require a lot of steps and information sharing, according to Tharp. Horan weighed in on the topic, stating that he is encouraging Tharp to share with others, such as the CVB and the Chamber, all that the Airport has accomplished. He believes that the Airport needs to be presented to be as strong and substantial as possible. The discussion continued, with Assouline stating that he believes Davidson could help them to review this matter, and that knowing the City's position on this would be good to know. Gardinier added that she felt the articles in the Corridor Business Journal were dismissive of the Iowa City Airport. Assouline added that he believes they should not take this too seriously. Members continued to discuss the issue, with Assouline noting that they need to educate themselves on the topic first, before they can educate others. Members continued to discuss the possibility of an aviation authority, with Dulek responding to questions and concerns. Gardinier suggested that someone from the Commission attend the Cedar Rapids' Airport meetings to see if the topic comes up. This, and talking to similar airports in the state that have gone to an authority, will help to educate the Members as they move forward. Tharp will make some phone calls to see what he can set up and will get additional information for the Commission to review. h. South Airport Development — Tharp stated that he did not have anything new to share, but he asked Assouline to share his conversation with Jeff Davidson from the Planning Airport Commission May 17, 2012 Page 3 department. As a follow -up to Davidson's presentation, Assouline stated that he asked if there was anything new to share with the Commission regarding this. He stated that Davidson did share some maps and other possible plans for the area, and that he will share these with Members when he returns to do a follow -up with them. Members continued to discuss the various options for the area south of the Airport, and how development along the riverfront could play into this. I. Airport "Operations ": L Strategic Plan — Implementation — Tharp briefly addressed their plan, stating that they may want to review this in the next month or so. ii. Budget — Tharp noted that they have about six weeks left in the current fiscal year. The budget will break even, as has been previously discussed. He added that he has looked into the bathroom issue that Gardinier brought up at the last meeting and they should be able to do this in- house. The project would include countertops and urinals, according to Tharp. Mascari then asked for some clarification on the Airport's total budget. iii. Management — None. j. FBO / Flight Training Reports: L Jet Air / Air Care — Toby Myers with Jet Air addressed the group next. He stated that they may be bringing more jets to the field soon. He added that their shop has been extremely busy lately, as business continues to improve. Jet Air is hoping to become a Cessna service center for Iowa, according to Myers, and has begun the process to do so. The discussion turned to a possible open house, with Jet Air being interested in hosting some type of event. 1. Public Hearing — Assouline opened the public hearing. Tharp briefly noted that this is for the ground lease with Jet Air for a piece of land on the east side of the University's building, where they will put up an 80 by 80 hangar, and after a 30 -year ground lease, the hangar will be turned over to the Airport. He also responded to Members' questions and concerns regarding this lease. Assouline closed the public hearing. 2. Consider a resolution approving ground lease with Jet Air, Inc. — Horan moved to consider Resolution #Al2 -19, approving a ground lease with Jet Air, Inc.; seconded by Mascari. Motion carried 4 -0. ii. Iowa Flight Training — None. k. Subcommittee Reports — Tharp stated that tonight is the Events Subcommittee's turn. Horan noted that they will have this ready for the next meeting. Gardinier has been talking with the Barnstormer's group about an event, and also a Young Eagle's event. Members briefly discussed what it would cost to have TV or radio advertisements for such events. Tharp will look into this further. Gardinier added that Tim Busch is interested in doing youth aviation events and suggested they contact him regarding this. I. Commission Members' Reports — Horan shared that he has had more flight time in the past month. Members briefly talked about how they might increase interest in the Commission position that is still open. Mascari asked what the problem was last month with the windsock lights. Tharp noted that they just needed to be replaced. He then asked if there are any hangars currently being used for something other than aircraft, such as storage. Tharp stated that as far as he knows there are no hangars being used just for storage, that he keeps fairly close tabs on who is on the field. Gardinier then Airport Commission May 17, 2012 Page 4 brought up the huge key ring with keys to most of the hangars on it. She stated that they should remove old keys and those that belong to unknowns. m. Staff Report — Tharp stated that on July 17 and 18 there will be a training opportunity in Cedar Rapids for airport executives that he would like to attend. Tharp will also be taking part in some special training at the Airport next week. SET NEXT REGULAR MEETING FOR: The next regular meeting will be Thursday, June 21, 2012, at 6:00 P.M. at the Airport Terminal building. ADJOURN: The meeting adjourned at 7:55 P.M. Horan made the motion to adjourn the meeting at 7:55 P.M.; seconded by Mascari. Motion carried 4 -0. CHAIRPERSON DATE Airport Commission May 17, 2012 Page 5 Airport Commission ATTENDANCE RECORD 2012 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM 0 0 0 0 0 0 0 NAME EXP. CA N N N N N N N N 03/01/13 X X X X X X Rick Mascari 03/01/14 X X X X X X Howard Horan Minnetta 03/01/15 X X X X X X Gardinier Jose 03/02/12 O/E X X X X X Assouline Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time 2n(z) MINUTES APPROVED BOARD OF ADJUSTMENT JUNE 13, 2012 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Caroline Sheerin MEMBERS ABSENT: Will Jennings STAFF PRESENT: Sarah Walz, Karen Howard, Sarah Holecek OTHERS PRESENT: Beth Bewley - Randall, John F. Shaw, Johna Leddy, Mike Pugh RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Grenis, Chrischilles, Sheerin, Baker present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE MAY 9TH MEETING MINUTES: Baker moved to approve the minutes for May 9th, 2012 with minor corrections. Grenis seconded. A vote was taken and the motion carried 4 -0. Holecek declared that a conflict of interest had been identified in regard to the second item on the agenda and because it will likely be deferred, she suggested that the Board make that the first item on the agenda and consider the items out of order. Baker moved to consider the agenda items out of order. Crischilles seconded. A vote was taken and the motion carried 4 -0. Board of Adjustment June 13, 2012 Page 2 of 17 APPEAL APL12- 00001: Discussion of an application submitted by NCS Pearson to appeal a decision of the Iowa City Housing & Inspection Services Director denying a building permit on the grounds that a proposed 145 -foot wind turbine is not an accessory use. Holecek stated that she has a conflict of interest with this application based on the fact that she put the legal standards in the same memo as the staff memo that advocates or draws a conclusion that is in support of the building official's determination. She said based on that and the desire to give the applicant appropriate due process, she will have to recuse herself from this application and the City will have to provide the Board with independent counsel. She said if the Board wished to do so, they could proceed without counsel. Mike Pugh, counsel for NCS Pearson, said they had raised the conflict issue, and they are not willing to go forward with waiving the conflict. He said they think independent counsel should be provided to the Board. Baker moved to defer APL12- 00001, an application submitted by NCS Pearson to appeal a decision of the Iowa City Housing & Inspection Services Director denying a building permit on the grounds that a proposed 145 -foot wind turbine is not an accessory use. Grenis seconded. Sheerin invited discussion. Baker asked if this issue was still going before the Planning and Zoning Commission for an amendment. Holecek said it was. Baker asked if there was a time frame for the matter being resolved and the Planning and Zoning level. Walz said that she can't give the Board a date, although it is being worked on. She told Baker that probably nothing would be resolved within 30 days. Sheerin said she would personally not want to move forward on an application without legal counsel. A vote was taken and the motion carried 4 -0. Sheerin declared that the item is deferred to the July agenda. SPECIAL EXCEPTION EXC12- 00009: Discussion of an application submitted by Beth Bewley - Randall and Tom Randall for a special exception to convert a non - conforming use in the Medium Density Single Family (RS -8) zone at 1018 Walnut Street to another non - conforming use (a Building Trade Use). Board of Adjustment June 13, 2012 Page 3 of 17 Walz showed the location map and several views of the site to the Board. She said it's a large building, 8,000 square feet, originally built in the 1930s as an automobile showroom. She said there were a number of uses on the property over the years that were never permitted or known about by the City. She said the most recent use that they were unofficially aware of was that someone was storing cars there and restoring them for noncommercial purposes. She said the Zoning Code provides for the situation where a building that was clearly constructed for a use that's not permitted in the zone for the building and its use to be converted to those of a lesser intensity, provided that certain conditions are met, which are outlined in the specific criteria in the staff report. She said the applicants would like to use the building for their electrical business and would not function in a way that would bring customers to the site, but would rather principally contain storage and administrative functions. She explained that the applicants had already purchased the building and were using it for these purposes when they discovered the nonconforming use. She noted that there is a continuous curb cut along the front and there is no set -back for the parking area or partially paved area. Walz said the first specific standard is that the proposed use will be located in a structure that was designed for a use currently not allowed in the zone, and this situation clearly meets that criteria. She said the second standard is that the new use is of the same or lesser intensity and impact than the previous existing use, which the Board will have to determine. She said the staff considered the kinds of things that could potentially use the subject building and talked about the kinds of things they wouldn't want to see — a lot of noise, many users, many visits to the site. She said the building doesn't have a clear history. She said the use that's being proposed would mean that there would likely be more vehicles, parking and day -to -day activity at the site. She said staff considered that the special exception would be for one use only, all the activities would be inside the building, employees would pick up their trucks inside early in the morning and return them late in the day, and the rest of the day would be fairly quiet. She said this special exception would be granted to the property so the staff laid out conditions with the fact in mind that eventually there will be a different but similar user at this building. Walz said that staff found the proposed use is suitable for the structure and site and outlined the reasons staff set out in their report. Walz said for the first general standard that states the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, the continuous curb cut along the front was of concern to the staff because that crosses the sidewalk. She said having narrower drives forces vehicles to slow down before they enter a site and limits where they can enter and exit the site and it makes pedestrians more aware of where their space is and where the vehicle space is. She said staff recommended limiting driveway access to the site and described what the code recommends for that. Creating separation between the vehicle parking set parking area back 10 feet from the public right of way from their front property line and screen it, which serves as another way of separating vehicles from pedestrian areas and also as aesthetic screen. She directed the Board to look at the staff report to see how staff arrived at its recommended standards. Walz said the second general standard is that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values. She said she has laid out in the staff report those things that staff feels would limit those aspects of the building trade use that might be disturbing, which include changes to the parking area, limiting hours of operation, requiring that the vehicles be stored inside during non -work hours, no outdoor storage of equipment, material or dumpsters, activity must be conducted indoors, signage would be limited to what would be Board of Adjustment June 13, 2012 Page 4 of 17 allowed in a residential zone, all outdoor lighting would have to meet standards of residential zones, the building must be painted, and the parking area should be paved. Walz said the rest of the general standards are laid out in the staff report. Crischilles asked Walz if she had received any emails opposed to the special exception before the two that arrived today. Walz said she was contacted early on by Miss Brookhart before the recommendation was made. She said she may have received one of the positive responses before recommendations. She said the applicants had conducted a good neighbor meeting and invited people to come to the building and learn what they intended to do with the site around the time that the City sent out letters notifying residents within 300 feet of any portion of the subject property, which would have been about two weeks ago. Baker asked if there was a letter from either of the neighbors directly across the street from the subject property. Walz said there were not letters from them. Baker asked if the existing gravel area would be paved. Walz affirmed that it would. Baker asked if the Code regulated the number of vehicles used by the particular use. Walz said there is a minimum parking requirement for uses in the off - street parking standards, and for a business trade use it is one space per 750 square feet, so that would require 11 spaces. She said some of those spaces can be provided in the interior of the building. Walz said she recommended to the applicant that they think about the number of spaces they will actually need in order to minimize on- street parking. Baker asked if the number of vehicles needed for the business itself will increase over time. Walz said it is possible that there will come a time when they outgrow the parking space, and if that is a concern, the Board would need to discuss if they want a condition that addresses that issue, should they approve the special exception. Baker asked how the Code requirements for lighting in a residential zone would apply to this commercial use. Walz said the applicant would be required to comply but staff added it as a condition so that the applicants and the neighbors would be on notice about that requirement. Baker asked if the type of security lighting that would be on this kind of commercial building would create a greater light nuisance than normal. Walz said it would probably have more lighting than a house, but there would be no lighting allowed in the parking area, all lighting would have to be downcast, and no lighted signs would be allowed. She said the lighting allowed would be comparable to what you would find at a church or school. Board of Adjustment June 13, 2012 Page 5 of 17 Grenis asked how restricted the hours of operation would be. Walz said they would be enforced only by complaint. Sheerin referred to a letter by Johnna Leddy and said there was a question of deterioration of the road because it's not made for these kinds of trucks and their weight. Walz said she had Ron Knoche from the City Engineer's office go out and look at the street. She said he felt the road was in good condition. She said no one on staff raised that issue with this use. Sheerin said she was sympathetic with the neighbors who are concerned that this use will increase noise and congestion but she thought that by the nature of the structure, whatever its use will do that. She asked Holecek that if they don't approve the special exception, at what point are they making the building useless. Holecek referred her back to the staff report and its considerations for adaptive use. Sheerin asked at what point it would be considered a taking. Holecek replied that under Iowa law it substantially destroys the value of the building, and that's typically under a variance analysis. Grenis said if the building is not used for building trade use, what other uses qualify as a lesser intensity use in an RS -8 zone. Holecek said it would be nonconforming. Walz said staffs main concern was any kind of use where you had customers coming to the site or where you had multiple people independently using the building. She it could be used for office use, although it would have to be adapted, or just for storage. She said she thought the latter would be lesser intensity use, but it is a gray area. She said in staffs view what made this application seem less intense was the single user, the controls that could be put upon it, and the applicant willing to make those conditions official and abide by them. Baker asked if it is business trade could it ever be retail space. Walz replied that she didn't believe that staff would ever recommend that but that there could be another request for a special exception, in which case there would have to be such conditions put upon it that it would limit any retail use to a certain level. She said with this applicant, because the majority of trucks leave at one time in the morning and return late in the day, this seemed to staff a desirable way to use the property. Grenis asked if this exception would hinder it from being a residential use in the future. Walz said it would not. She said this exception would not tie the building to a commercial use. Sheerin opened public hearing. Beth Bewley - Randall of 1020 Kirkwood thanked the Board members for their service and the Board of Adjustment June 13, 2012 Page 6 of 17 staff for putting together the recommendation and working with she and her husband as applicants advising them on how to navigate the situation. She said in the past there was an auto mechanic in the building for over twenty years and it's also a thrift store and car repair shop. She said she and her husband are in agreement with the staff recommendations with a couple exceptions. She said the building trade use they are seeking will have less impact than the automotive service that it officially is now. She handed out two maps to the Board, one that was labeled Area Buffer Green Space as Recommended by Staff and the other Area Buffer Green Space as Requested by Owner. She said their proposal is increased green space, which would enhance the visual appeal and would assist with run -off, water and drainage and keep more storm water on site. She said that it would also eliminate the southwest street buffer, which would make it easier for the trucks to back into the building and also a job trailer, should they have one in the future. Bewley - Randall said that daily post- renovation life should be very quiet for the neighborhood. She said that in response to a concern about copper recycling, and she said they use best practices in recycling and metal and the plastic, so there's nothing stored on site and there are no fumes created. Grenis asked if copper stripping and recycling is the only re -use. Bewley - Randall said they plan to have a small metal dumpster that would be inside the building for the materials that would later be taken away for recycling. Baker asked about where the applicants live, when they purchased the building, how long their company has been in operation and what their plans were for the building at the time of purchase. Beweley - Randall said she and her husband live on 1020 Kirkwood Avenue and can see the building from their house. She said they purchased the building in the fall of 2010 and they have been in operation since 2007. She said initially they wanted to use it for vehicle storage but since then their company has grown substantially. Baker asked where the company is located now, how many employees they have and how many trucks. Beweley - Randall said the business is currently located in their home, they have five vehicles and twelve employees. They currently store the trucks in the building. She explained that 3-4 employees parking their personal vehicles at 1018 Walnut. The remaining employees go directly from their homes to the work site. The employees would park in the six spots shown in both the staff proposed site layout or the applicant proposed layout. Baker explained that he was trying to consider what might happen on the site in the future. He asked if the arrangement (the number of parking spaces) was adequate to serve future growth of the business. He expressed concern over the parking requirement, which is based on the square footage of the building rather than the number of employees. John Shaw pointed out that both proposals showed 6 parking spaces. Chrischilles asked if there was room for more than 6 parking spaces. Board of Adjustment June 13, 2012 Page 7 of 17 Shaw stated that the amount of space needed for the required 10 -foot buffer from the property line in addition to a 10 -foot buffer between the building and the parking that the applicant intended to provide would leave enough space for three 9 -foot wide spaces on each side of the lot. Shaw asked about the new ordinance for non - conforming parking— whether there was a statement that the use would only be required to provide as many parking spaces as conditions allowed. Walz explained that regardless of what the ordinance indicated, this was a special exception and therefore the Board could require whatever it felt was appropriate, in terms of parking, in order to satisfy the criteria for the special exception. John reminded staff that 11 spaces could fit in the building in addition to what was outside. Walz stated that when the applicant applied for a building permit, the official would look at how the spaces were provided and identify any issues, however, it did appear that there would be adequate space to provide all required parking by including spaces in and outside the building. Chrischilles asked whether new employees could park inside the building if more than 6 spaces were needed. Bewley - Randall indicated that this was true. Baker asked about semis. Bewley - Randall said that shipments arrive on a job -by -job basis. There is no set schedule. She said that they were asking for changes from staff had proposed for the parking area so that there would be space for the semis to pull in so there would be less congestion on Walnut Street when trucks are being unloaded. She indicated that no neighbors had approached her directly about concerns with trucks but that she did read the a -mails sent to the Board. She said delivery was a quick process that happens within 20 minutes max. Baker asked what staff thought of the applicant proposed parking area design. Walz state that she does not believe the proposal meets what staff was looking for in terms of safety in separating vehicle and truck use from pedestrian areas and controlling entry and screening the area. The recommendations were based on the maximum that would be allowed in a commercial zone so the driveway should be adequate to allow trucks or semis in and out. In response to a question from Baker about the parking arrangement, Walz said semis or delivery trucks would not be using the driveway to load and unload and not a parking space. Baker stated that it would still be a matter of backing in. Bewley - Randall said this was the reason for their alternate plan to keep the southwest side open was to make it easier to back in a truck. Walz asked how wide the drive would need to be. Baker asked how the semis were accessing the lot now. Walz stated that staffs concern would be that if the entire west side of the lot needed to be open to accommodate the semi entering the lot, how could they also provide parking in that area since the truck would pull in through the parking spaces. Bewley - Randall said that they rarely fill all the spots and they could move cars in order to allow a semi to pull in. Board of Adjustment June 13, 2012 Page 8 of 17 Walz said the code allowed a drive of 34 feet at the property live and 40 feet at the curb. Baker did not see how a semi could work around parked cars on that portion of the lot. He asked what the length of a semi was. Shaw responded 60 feet. Baker asked what the semi traffic was currently. Bewley - Randall answered about one per week. They may receive 2 or 4 in a week and then none for 4 weeks. It would all be job -by -job. Sheerin asked if there were other questions. Johna Leddy referred to her letter regarding her concerns. Her concern was with the growth of the business over the next 5 years. She is concerned with semis and whether they can really back into the property. The parking issue is also a concern to her —will there be cars on the street? She also referred to material recycling and hazards associated with things like asbestos, led and heavy metal. How will they be storing or moving these materials around the site? She mentioned the use of semis was not consistent with the site or how it had been used over the 21 years she has lived in the neighborhood. She referred to the automobile use and then the quiet status of the site for the last decade. Most of the surrounding properties converted from rental to single - family since the auto repair shop went away. She is concerned with the intensity of the use over time and environmental concerns, which have not been addressed. Chrischilles asked about previous uses. Leddy said that since J &H Auto went away there weren't really identifiable uses. Walz said that this was the period that staff had talked about that is unknown. The only known use was a non - commercial automobile storage and repair, but that was not legal. She said staff was a bit confounded by what to refer to as the previous use since the repair shop had been gone so long any rights to it are also gone. And since then all uses have been unknown or not officially sanctioned by the City. Chrischilles asked Leddy if it is her preference to have the building be vacant and decay as opposed to being occupied. Leddy said that was not her wish, but that the current proposed use does not, in her view, meet the standards of the special exception. Chrischilles asked if it wasn't true that any use increase traffic over its being vacant. Leddy agreed but said that 12 employees, 6 trucks, and an unknown number of semis seemed too much. She said it was a significant use over vacancy and over the repair shop that was once located there. Sheerin asked for additional comments. Walz responded again to Shaw's comments about non - conforming parking. She stated that the Board has to look at the specifics of this use on this specific piece of property, and then they have to decide what the requirement is. Shaw reiterated his point that the proposal does meet the calculated requirement of eleven and exceeds it by one. Walz referred to Baker's concern because the parking requirement is based on space within the building rather than the specific use, what happens with any additional parking. Walz said that if that is a concern of the Board's and they are leaning toward granting the special exception then the Board can address that concern with a condition. Board of Adjustment June 13, 2012 Page 9 of 17 Shaw said he can't think of a more benign use for this building with so few cars. Sheerin said she doesn't think the concern is the six cars but is rather about the future and if the business continues to grow and adds employees, where are those employees going to park? Shaw said that in his experience with construction, employees are not going to go to a satellite office so they can ride over to the work site in a company truck, but will go directly to the work site, which in this case will be off site. Bewley - Randall said their company's plan is to keep this building as the administrative offices should they grow beyond the use of this building and procure an additional warehouse in an industrial area if needed. Baker asked if on- street parking is currently allowed on Walnut Street. Bewley - Randall said it's only on the north side and currently none of their employees park on the street. Baker asked if the request is denied, can the Randalls continue to use the building as they are using it now. Holecek replied that would be a legitimate non - conforming use and that would be in violation of the zoning code. She said when the applicants bought the building and started to use it for storage that was okay because the City's best knowledge was that it had been used for storage in between J &H Mechanics and when they bought the property. Walz stated that she's not sure that the City knew about its use. Baker said he wanted to know what would happen to this business if the Board denied the special exception. Walz said that would have to be determined, but the Board's only concern is with the use that is being proposed as if it were not there. The Board should not consider what will happen if they deny the application. Holecek said they have to decide if this is an appropriate land use in this place and are there conditions that would ameliorate the negative aspects. Walz added whether there were conditions under which it would be appropriate. Sheerin closed public hearing. Grenis moved to approve EXC12- 00009, a special exception to allow the nonconforming use that is located in a structure designed for a use that is not allowed in the zone to convert to another nonconforming building trade use for property located in the Medium Density Single Family Zone at 1018 Walnut Street subject to the following conditions: 1. The special exception is for a building trade use only. No additional uses are permitted on the site. 2. A building permit is required to establish the use 3. The parking area should be set back and screened to minimize views of the parking, to create separation between vehicle areas and the right -of -way and Board of Adjustment June 13, 2012 Page 10 of 17 introduce driveway widths in compliance with the access standards in the Code that being ten feet from the front property line with S -2 screening, ten feet from the west property line with S -3 screening and five feet with no screening from the east property line. 4. The site plan is to be approved by staff. 5. Hours of operation are limited to 6:00 a.m. to 6:00 p.m. weekdays. 6. Fleet vehicles must be stored inside the building during non -work hours including weekends. 7. Outdoor storage of equipment, materials, and dumpsters is not allowed. 8. All assembly, repair or construction associated with the use must be conducted indoors. 9. Signage should be limited to a facia or awning sign in compliance with the zoning code standard for non - residential uses located in residential zones. 10. All outdoor lighting should comply with zoning code standards for residential zones. 11. The applicants shall paint and maintain the front facade of the building in a manner that does not detract from the residential character of the zone as proposed in the submitted elevations. 12. The parking area, including driveways, should be paved with a hard surface in compliance with the parking area standards in the Code. 13. The applicant will secure a building permit to establish the change of use on the property. Baker seconded. Sheerin invited discussion on the motion. Crischilles said that like Baker, he was concerned about what would happen if this application was denied, but he is clear now that he can't consider that. He said when he first looked over the material- he thought it was a nice proposal and a good use for the building in light of the fact that there had been no negative response from any of the neighbors. He said that the recent negative responses from two of the neighbors has muddied the waters for him, and he doesn't know what to do about that. He asked if it's more important keeping the building in use and doing whatever is needed to make sure it's as unobtrusive to the neighborhood as possible or saying that it's going to destroy the neighborhood to a degree that it shouldn't be allowed. Baker said that the Board isn't really make a decision about Randall Electric but rather about the use of the property as a building trades designation. He said he thinks staffs findings on traffic increase is too optimistic and that there will be an impact, especially in the future. He said he is very concerned about the future of any building use trade because once the Board allows this exception, that is permanent. He said this particular business is typical of any business wanting to use that location in that its aim is to increase business and is that an appropriate location. He said they need to consider what if any use was appropriate. He said that by denying this application says that almost no future comparable application will fit here, and in a sense the Board is changing the future use of the property. Grenis said he would like to propose another condition to the special exception to the effect that all vehicles associated with the business have to remain on -site and can't park on the street. Walz said that is enforceable and if someone called to complain, the Building Department would Board of Adjustment June 13, 2012 Page 11 of 17 go out and issue a citation. Grenis said for all practical purposes, a business would have to move somewhere else if they got that big based on these conditions. Walz explained to the Board that Grenis is recommending is that all employee vehicles be parked off - street. Baker said he's inclined to like the alternate parking design but not with those three parking spaces there, because he thinks it's unrealistic to assume that those three spaces in the alternate design are actually going to be used that way, as that space is needed for trucks to get in at that point. He said he wants to mandate that those three spaces be provided inside. Walz explained that if Grenis's condition was accepted, the applicant would have to provide those spaces either inside or outside, and if it proved to be inconvenient outside, they would need to provide them inside. Baker asked how they would be designated inside. Walz said she would need to check with the building department, however they would at least have to show the designated spaces on the site plan. She said if there were then to be a parking violation and the City went inside and saw that the designated parking areas was being used for something else and not held open for parking, then there would be consequences. Baker reiterated that the Board either approve this use as a business trade and accept the possible increase in business for the future, or they deny it and say that this is no longer an acceptable use in this neighborhood. Walz said the board would be saying that a business trade use would not be appropriate at that site. Baker asked if there was any other alternative. Walz said it's conceivable that there are other, limited alternatives, but ultimately the Board has to find for the criteria for this use. Baker said he's not very happy about this, but he is going to vote to approve the application. Walz reminded him that the findings must support the criteria. Baker said he agrees with most of the findings, but will express reservations about traffic, and he wants some mandate that parking is increased on the interior and that all employee parking must be off - street. He said he would agree with the east -west change on the parking that Bewley - Randall suggested. Grenis said this is a tricky application and that he thinks many of the conditions that the staff laid out mitigate the concerns. He said he has experience with this kind of business and thinks that the environmental concerns are addressed well by having the stripping and other handling take place inside. He said he supports approving the application. Baker said the exterior would certainly be approved. Crischilles agreed that it's tricky. He said he's sensitive to the people who are not in favor of this Board of Adjustment June 13, 2012 Page 12 of 17 and thinks that staff has done a good job in trying to mitigate those factors they are concerned about. He said since the building has been there a long time, residents knew of its existence when they moved in, and it would be rather naive of them to think that nothing would ever happen with that property. He said in terms of what could happen, this project is probably as good as you are going to get in terms of disruption of the neighborhood. He said it's a difficult decision but one that he would probably support because it's better having something done with the building than leaving it vacant. Sheerin agreed that it's a huge building, the neighbors have known it's there, but she is very sympathetic about not wanting to create a dangerous situation for the children in the area or noise, but she feels this use is probably as good as it's going to get without getting into a situation where the City is basically making the building unusable, which is unfair to property owners. She said she will support the application. Sheerin stated that she doesn't feel strongly about the plan submitted by the applicant or the staff's and will support either one. She does, however, feel strongly about the parking requirement, since if the business grows in the future, it's not fair to the neighbors to have the streets clogged with cars from the business. Grenis said he thinks either site plan is fine. He said the plan submitted by the applicant seems to make it easier for semis to get in and out faster, thus making it less disruptive to the neighborhood, and would be a good thing as long as the owner is aware that they have to keep all cars off the street. Sheerin said since the idea behind staff's recommendation is to keep the entries and exits smaller so that pedestrians are not in so much danger would it be possible to make a stipulation that something temporary like planters be used that could be moved away when semis come in. Walz said she thinks that is hard to enforce. She said in the view of staff, that thirty -four foot width is what they would allow and that's forty feet at the street line. Baker said he would propose that they mandate additional parking inside the building. Walz clarified that if they accept Grenis's amendment all the parking is to be provided on -site, either in front of the building or inside the buidling. She asked if Baker's assumption was that at the front of the green areas on the applicant's proposed design there would be screening. Sheerin asked if they could specify S -2 screening and Walz affirmed that they could. Walz asked if the Board was waiving the staff recommended requirements that there be five foot green area on one side of the lot and a ten foot green area on the other side. The Board concurred that they were not. Baker asked if they could mandate that the green space in the alternative plan be grass or grass plus shrubs. Walz said they could mandate whatever is necessary for them to feel that the standards are satisfied. She clarified what the S -2 and S -3 standards are. The Board discussed what changes they wished to make to the screening requirements, Board of Adjustment June 13, 2012 Page 13 of 17 particularly in the central green area proposed by the applicant. Sheerin suggested adopted the buffer proposal submitted by the applicant provided that their would be S2 screening in the area along the south side of the lot. Leddy asked if the Board can put any other restrictions in place besides the parking that would prohibit address the growth of the business over time such that you wouldn't have for example 10 semis a week and 57 employees. Sheerin said she didn't think it was appropriate to tell them how many employees they could have. She said she personally could not think of anything the board could do other than the conditions placed upon the parking. Leddy said if the business didn't have a driveway that could bring semis in, that would limit the number of semis. Sheerin said she appreciated Leddy's concern, but the Board is not trying to prohibit semis. Leddy said the number of semis would increase if the business grows, and at what point does that become unacceptable increase of usage in the neighborhood. She said she doesn't understand the answer she got to her question. Sheerin said the answer is that the Board is now discussing how they would amend their motion so they can approve the application. She said the Board's job to try to come to the most amenable solution for the whole community. Leddy said she wanted to know if there is any mechanism that could provide a cap on the growth of this business. Sheerin said the Board is contemplating the issue of growth, and that is why they are restricting the parking. Walz asked Holecek if it would be possible to make a restriction on the number of semis allowed. Holecek answered that if the Board finds that the use here is appropriate, to constrain a business by delivery seems problematic. Walz clarified that the issue seemed to be that the use as proposed is acceptable but there may come a point at which the size of the use is not acceptable. Is it not possible to place a restriction on semis such that it limits growth. Holecek answered: no. Grischilles said that by allowing the wide open driveway on the western portion of the property, any semis could come in and out quickly so as not to disrupt the street. Baker asked if there were restrictions on truck traffic in this area. Walz indicated that there are weight limits on some streets and bridges. Board of Adjustment June 13, 2012 Page 14 of 17 Grenis states that it was his feeling that the standards that the board was about to put in place would control the growth of the business. Sheerin agreed and said that the board does not want to choke the business before it gets started. To not allow semis would mean not allowing deliveries and then there could be no business at all. Grenis moved to amend his motion to include a condition that all staff vehicles be parked on site not on the public streets and that S -2 screening be included on the south side of the property adopting the concept provided the owner for the buffered green space plan. A vote was taken and the amendment carried 4-0. Grenis submitted his specific findings: 1. The use being located in a structure that is designed for use that is currently not allowed in the zone is found to be satisfied because this use will be in a residential zone being a commercial use as an electric company. 2. The proposed use is of the same or lesser intensity of previous uses is found to be satisfied given that there is some ambiguity about the previous use. 3. The proposed use is suitable for subject structure and site is found to be satisfied given the structure as is and as proposed in the plan and its proximity to Summit Street and Kirkwood Avenue. 4. The structure not be enlarged in such a way as to enlarge a non - conforming use is found to be satisfied because the applicant is not proposing to enlarge the structure. Grenis submitted his general findings. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare is found to be satisfied given the restrictions that the Board has placed on the approval: that limit the driveway access to the site with the buffer plan; that they are creating separation between vehicle parking and the adjacent right -of -way in addition to the screening standards they set forth; and they are keeping the staff vehicles off the public streets. 2. The proposed exception will not be injurious to the use or enjoyment of other properties in the immediate vicinity and will not substantially diminish or impair property values is found to be satisfied because the building trade uses have certain aspects that may be injurious to the use and enjoyment of other properties in the neighborhood, including vehicle parking and use of outdoor areas but the Board's conditions address these issues as follows: the special exception is for building trade use only allowing no other permitted uses on the site; that the parking should be set back and screened; that there are limited hours of operation from 6:00 a.m.— 6:00 p.m. only weekdays; that fleet vehicles be stored inside the building; that outdoor storage of equipment, materials and dumpsters is not allowed; that the assembly, repair or construction association with the use must be conducted indoors; that signage should be limited to the facia or awning signs in compliance with the Zoning Code standard for non - residential uses located in residential zones; any outdoor lighting should comply with the Zoning Code standards for residential zones; the structure shall be painted and maintained for the front fagade in a manner that does not detract from the residential character of the zone; and the parking area will be paved with a hard surface. 3. The establishment of the specific proposed exception will not impede the normal and orderly development and improvement of surrounding property was found to be satisfied based on the conditions the Board set forth. 4. That adequate utilities, access roads, drainage and necessary facilities have been or are Board of Adjustment June 13, 2012 Page 15 of 17 being provided are found to be satisfied based on the structure's current use and being built. 5. That adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on public streets as was discussed in -depth is found to be satisfied based on the Board's proposal to mitigate those factors and allow for the most efficient use given the site constraints. 6. Except for the specific regulations and standards applicable to the exception being considered the specific proposed exception conforms to the applicable regulation and standards in the zone in which it is to be located but because it is a non - conforming use within a residential zone either the single family site development standards or the commercial site standards are specifically required by Code, but the application will satisfy the specific and general criteria is found to be satisfied subject to the approval of the building permit and the screening standards. 7. That this proposed use is consistent with the Comprehensive Plan is found to be satisfied because the Comprehensive Plan does encourage the re -use of existing buildings so long as their use does not interfere with the functioning character of the neighborhood is found to be satisfied because this is a good example of reinvestment in an older neighborhood. Chrischilles adopted Grenis's fidnings. Baker asked if he disagreed with some of the findings would he have to vote against the exception. Holecek said if he finds that the standard is not met, he should vote "no." All standards are required. Baker said he minimally accepts the finding of specific standards Part C, Finding 2, "Site is located one block off Summit Street and one block from Kirkwood such that trucks are not required to drive a great distance on residential streets to get to the site ". He said he thinks will increase that traffic and that even though only two small residential streets are involved, you can't totally remove Burlington or Kirkwood as residential streets. He finds General Standard 1: "The conditions described below will create a safer vehicle and pedestrian environment by controlling and slowing vehicle entrance and will conform with the overall development character of the residential neighborhood," a very weak argument and is not happy with that finding. He said those reservations are not enough to deny the application but he thinks the staff has not taken into account those concerns. Sheerin adopted Grenis's finding. She said this is a difficult application to consider but given the fact the building is there in the middle of a residential use this meets the standards and is an appropriate use for this building in this area. Walz asked the Board to clarify its findings for the specific standard B in terms of what makes this lesser intensity. She asked if it was the board's intent to rely on the findings in the staff report. Sheerin and Grenis indicated that it was. Baker said that was also one of the findings that he had problems with. He said who knows if the structure had been used at a lesser capacity for the past ten years. A vote was taken and the motion carried 4 -0. Board of Adjustment June 13, 2012 Page 16 of 17 Sheerin declared the motion approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. BOARD OF ADJUSTMENT INFORMATION: The Board discussed the case load for the July meeting. ADJOURNMENT: Crischilles moved to adjourn. Grenis seconded. The meeting was adjourned on a 4 -0 vote. H W � V LU CD LLL. Op Cg W O< ma E M O C% (D O :3 X C � N N N E co inQZ o dQn11z II II LU � 11 X 0 0 2 i LU V M LLJ X x X X -- CD XXXXx r x i �x w N X X i x X M co LLI x i xO LU x ; ox N fl- co d' to cM FLU 0 0 0 0 0 wa N N N N N w 00000 N N t . c 2 Y U) co c a) w co Y ' .c Q` U — O Z J O U E M O C% (D O :3 X C � N N N E co inQZ o dQn11z II II LU � 11 X 0 0 2 i LU V Page 1 of 19 2b(3) Minutes APPROVED Human Rights Commission June 19, 2012 — 6 P.M. Helling Conference Room Members Present: Harry Olmstead, Diane Finnerty, Orville Townsend Sr., Kim Hanrahan, Shams Ghoneim, Howard Cowen. Members Excused: Jessie Harper, Connie Goeb. Staff Present: Stefanie Bowers. Others Present: None This represents only a reasonably accurate transcription of the Human Rights Commission meeting of June 19, 2012. Recommendations to Council: None. Call to Order: Chair Olmstead called the meeting to order at 18:05. Consideration of the Minutes of the May 15, 2012 Meeting: Townsend moved to approve minutes, seconded by Ghoneim. Motion passed. 5 -0. (Finnerty not present) Public Comments of Items Not on the Agenda: None New Business: a. Possible Keynote Speakers for Breakfast SG: The U of I Professor Doug Jones just published a book on voting rights. I thought he could be a good person. I think he is history or political science. He's a member of the Jewish Community. SB: Any other suggestions? KH: Is it okay to just call you with some names? SB: Yes. SG: Anyone from the African American community that would be addressing issues pertinent to Human Rights? DF: Has Father Rudy ever been a speaker? SB: I don't think so, not in recent memory or anything that I can find in the office. DF: So on campus on October 12`s, which I think is a Friday or Saturday. This is on a Thursday morning right? SB: Correct. DF: There is a big emphasis on, there is going to be a big conference called the Latino Midwest, and we're gonna do the Iowa Latino conference in conjunction with it, including having events at the public library on Saturday for families. So there will be kind of a big focus on that middle of October in general. So it might be nice. KH: Are they having the Latino conference that's usually in Des Moines you mean will be coming to our campus this year? Page 2 of 19 DF: It's the one hosted by the school social work. They've been moving all around the state, but there is , more community focus versus big conference. It's an all day thing on Friday and then community focus stuff on Saturday. Also there is an academic Latino Midwest conference that happening and they're bringing in folks from all over the world actually in middle October. b. The Iowa Compact HO: This is something I came upon when I was doing some work on immigration, and I thought we might want to consider this organization to take and sign onto it. It's a declaration of five principles to guide Iowa's immigration discussion, and I think you've all had time to read it. So I'd welcome comments and discussion. SG: So are you asking us to consider as an organization to sign it on it or as individuals or both? HO: As both. DF: I really appreciate the five principles and appreciating you bringing them. I'd be in support of the Iowa City Human Rights Commission signing on as a signature on it. HO: Is that a motion? DF: It's a motion. HO: Do I hear a second? SG: I'll second. HO: Discussion? OT: This on paper is good, but what is it going to be associated with that will generate some type of results or outcomes? HO: That I can't answer. OT: I'm not being negative, but it's just that I think we need to be careful what we support because in our city we've got an image that gives the appearance that something is happening, and we support things, but it's really not. I think we really need to consider doing a flush and getting to the point where we get rid of things that are just useless, and start looking at things that are going to fit in with what we're trying to accomplish. Then let's build and make that a part of the foundation and build from that. This is great but from experience I like to know what is it gonna add to that's gonna help to make a difference. DF: This comes from the Iowa Immigration Education Coalition, and it's kind of nice that like the mayor of Perry, Iowa is a signatory and the chief of Perry, Iowa, Compressor Controls Corporation. HO: Perry Iowa is the county that took with secure communities as taken and said that they wouldn't sign on to secure communities at all. DF: the greater Des Moines partnership, which is their equivalent of our chamber of commerce. It says leaders and business law enforcement and faith across the country are speaking out and telling Washington to do its job. How our immigration system is broken and it will take broad federal action to improve it. The Iowa Compact sends a strong message to Washington to support Immigration reform is growing, and now is the time to act. So it's basically saying this is a federal issue, not state governments, encourage our delegations. HO: I think it's consistent with what we've been asking the immigration subcommittee came up with when it approached the city council. DF: I would say for me it feels like this is something the Human Rights Commission can do that our city council is refusing to do. So I support it for that reason, and it feels more kind of to your point that its joining with others for action versus Page 3 of 19 just making a statement of we celebrate diversity. It's a strategic; we are volunteer commissioners looking at the wellbeing of the City of Iowa City. We also believe there needs to be immigration reform. OT: So instead of saying we support this blanket, could we say we agree with these principles, and we support efforts to encourage the city council to adapt them. I mean that is going someplace, which gives us basically a responsibility to keep nagging the city council. Maybe nagging is inappropriate, but it's going someplace as opposed to just a blanket approval. DF: So if we signed off on this as the Iowa City Human Rights Commission, but then part of the motion being and we will inform the city council we have done so and encourage them too as well? OT: I think its two things. One, I don't have a problem with it. I agree with these principles, but that's idle, that's useless. What are we saying that we want to happen with it? SG: Maybe as part of the strategy to keep on reminding, it's too weak. OT: We have to keep encouraging the city council. SG: Encourage the city council to adopt first of all our own proclamation that we just gave the CRC, as well as creating that environment for immigrants. OT: I would support something like that, but just the way you have it here I don't think I could support it because I think it's not going any place. DF: Could you support a and that we become signator, because I think this is a state -wide initiative. So we'd be saying that we're joining with the state -wide, but we'd only do it in addition to pushing locally as well. Like could it be a , would you be down for that? My belief is there is some worth given as a federal solution that there is some kind of state -wide push. OT: When you were reading off the individuals that have supported this you're talking about Perry, Iowa. The first thing that comes to me is we've got problems in Iowa City, so it's not that I don't care about what's happening in Perry, Iowa, but if I'm gonna exert energies I want it to be here in Iowa City. So if this is a state -wide thing I can acknowledge it as a state -wide thing, but if I'm gonna adopt it then I feel we can utilize it to improve situations in Iowa City. That would be the reason that I would be adopting it. KH: Am I understanding though that this is just a state -wide initiative to be sent to the federal government to say as collectively, as a state. This is what we would support for the federal government to respond to. SG: Please correct me if I misunderstand this, but there are two issues here, one that is global, which is national and demonstrating to the leadership, the people in Washington, that only across Iowa, if that goes beyond Iowa fantastic. There are many pockets of grass root organizations that are banding together to keep the pressure on the U.S. government to have a fundamental long -term immigration policy. At the same time with the understanding that locally we also use this as a tool to pressure our local government. Is that it? OT: I don't want to be difficult. Let me put it this way. If I have a tool, if I purchase something and its working and I'm getting excellent service from it then I would recommend to you that you try it. If I purchase something and it's lousy and it's not working, and it's making my life miserable, then I wouldn't recommend that to you. So if we're gonna start at the bottom and recommend things to go above, we should be getting something locally from it. It's not that I don't care about what happens nationally, but I'm more concerned about in Iowa City where I live. I don't think things are really great here. My thing is the way it is I wouldn't vote for it, but if we can focus it so that it's focused on our city, then I would say yes. These principles are great and I can support them. DF: Here's my friendly motion. We sign this as a Commission, and I just found a lot more people, a lot of churches and individuals. I would kind of redo my motion that I support that we do sign this as the Human Rights Commission, and only if we do something with it locally including informing the city council that we've done so, and encouraging them Page 4 of 19 to pass the other resolutions that have been put before them. I'm trying to get to it, is there an amendment from my own motion, but I don't know if it works for everybody. HO: You accept that as a second friendly amendment? SG: Sure I do. DF: But I don't know if that's still getting at what you want. SG: Not just a pressure for our own city council, but you guys better get on with it. Pushing and get other communities are doing it so let's all work together towards that final outcome. That makes sense to me. KH: I'm fine with it that way. HC: I'm fine with it. I support the aspects of the Compact, whether as an individual, obviously as a group I do think it would be beneficial to say to the, I mean it's a short list for the state. I don't know how long this has been going on or how it's been dispersed. I think for us it could be a tool to give back to the city council to have them really look at. SG: Banding with other organizations for the same goal. OT: Where I'm going with this is if we just pass a blanket _, then it's good that they have our support, but down the road if we pass this and we want to use these principles. If we are working with the city council and all of a sudden we start referring to this, then _ they say what are you talking about. So I would say if we're gonna pass it lets present it to the city council and hey this is the direction that we're going. We're hoping that you will join us and support us, and then we can refer to this as we go and they know what's going on. HO: We have a motion on the floor and it's been seconded. Any other discussion? Call for a vote. Motion passed 6 -0. KH: So is that clear to you, like what do we do next with it? I'm not quite sure just sign it and then... SG: We can put it out maybe for another agenda item for next month to see how we can use it. DF: I move that the chair draft a memo to the city council stating our support of the Iowa Compact, and... SG: Reminding the council of the Human Rights Commission ongoing position and support of a fair immigration local policy. OT: I think along with telling that we'd be willing to support this, that we are hoping that when we deal with issues in the future that they will be willing to work with us to use these principles to improve local situations. HO: Any other discussion on this? Next item is the report by the Immigration Subcommittee. Old Business: a. Immigration Subcommittee KH: So we were scheduled to meet last night and we had to reschedule until this coming Monday. Quite a few of the members had conflicts with another meeting that came up at the last minute. I have talked with both Robin Clark - Bennett and Misty Revick, and I know it's been mentioned at this meeting before that they've worked really hard on a comprehensive survey. They have about 150 responses for, and their survey was more of a one on one interview that lasted about an hour with all of those people. There's been some confusion about the two surveys. Some folks are saying wait we've already done this survey and why do we need to do another survey. Our focus is more on city services. I do have the survey that they passed around if anyone is interested. What we've come up with is that at our next meeting on Monday Robin and Misty are going to be joining us. I think that there are a lot of ways, we're finding there is a lot of energy in Iowa City for these issues, and how do we collaborate and how do we work together. So having some meetings around and coordinating all of our energies is where we feel we are at. We do have some Page 5 of 19 responses just from the surveys that address city services, so we will look at those next Monday as well. I'm hoping from that discussion we can be a little bit more clear about what our focuses are and how we can do collaborative efforts. The next meeting is this coming Monday at 6:00 at the Church of the Nazarene. Misty and Robin will be joining us at 6:30 and perhaps other members of the Voices Project. Diane Day also I hope will come. Stefanie has offered to do the tour of the civic buildings so that we can begin to generate a list of ideas about signage for this building. I'm hoping at Monday's meeting to develop a list of available dates for the people that are interested in joining that tour. I still need some clarity about the whole ID, and what we've done with the IDs and where they're at with all of that, and I don't know if that means you and I can sit down and talk about it. SB: I should let you know that I think generally speaking it was just a confusing process. I can clarify, but I think generally speaking I think departments were confused. I think language was used that maybe wasn't appropriate. I'd be more than happy to, but I think in general that whole process was just getting people to utilize the same language when referring to what they specifically need is just not an easy task. KH: Because they could be speaking of the same issue, but using a different language in different departments. SB: I think photo ID what it means to you and me may be two different things, and so depending on who was providing that information it may have given a different result than is actually occurring if that makes sense. KH: Yes and I did read some of the documents that you sent and I appreciate that. But again, I think just to sit down and discuss where we have gone and what needs to happen next is really what I need some help with. I noticed in the proclamation that you also addressed those two issues. OT: Earlier you know the Immigration Committee put a survey together and sent it around. Is this survey different from that one? KH: No, what we were hoping for is to get a better response. It's the exact same survey, specifically recognizing city services and how comfortable they feel accessing services. The last time when Gloria and Max had their weekend retreat I think they had about 30 surveys that came back as I understand it. We distributed to each of the members to have completed about 120. So according to Gloria and Max that's where the resistance was, which makes sense because that was the same kind of group of folks that they had already asked. I'm not sure about Maria and the pastor from the Church of the Nazarene and what numbers look like. My thought is that we really needed some hard numbers before we approached folks and the Voices Project is getting a lot of narrative. So I think combined, but I'll know more after our next meeting. OT: I think in terms of the surveys it's important that we get people's attention, and it's important that we get their attention in a way that they're willing to focus. You know just telling people you know you're gonna get a survey, fill it out, etc., that's one thing. I felt all along that a key to the immigration community is the ministers, and my thing is have they talked about this in church where you have people present and have their attention. I think it would have a greater level of importance in that particular setting. I'm just wondering are the ministers as involved as they could be. KH: Well two of our committee members are pastors of local churches. Father Rudy has been very involved with the Voices Project, so it is an attempt to use not only that medium, but also use folks who have developed relationships with the immigrant communities so that we get some real responses and not just here's a survey fill it out. So hopefully most of the sub - committee members have relationships with groups of people, and that will ideally, I mean _ skills don't really transfer very well, they just don't, but it's an attempt and we'll see where we're at. SG: The CRC has an ongoing _ in this direction. KH: And they work with the Voices, CRC? DF: There is some crossover, like Charlie Eastham has a crossover and Carla. What's wonderful is the Immigrant Voices Project is more of an organizing effort, organizing techniques, and the faith community there is this kind of allied leadership that's really nice, and everybody is just doing it a little bit differently. KH: I think their survey one of the intents was that leaders will emerge then based on some of the surveys. Page 6 of 19 DF: It'd be interesting if the sub - committee wants to hold an event that would bring the Latino community out. The wires are buzzing about this new executive order, and there are flowcharts about how do you determine if you are eligible or not, what documentation do you file. What's the fear of if you file and it goes away in two years and you've outted yourself. There's a lot of language going on that I bet an attorney would come and hold a public event, a community education event explaining the new executive order. I think school people personnel would come and youth workers, people that you know you don't want to council somebody to do something when either it's flat out not possible, but also you don't have the information. It'd be an interesting community event if the sub - committee would hold something. KH: Maybe we can talk about that at the sub - committee meeting next week too about that possibility. DF: I'd be glad to help find attorneys. OT: Have we like social services and the various agencies that serve the population, are they buying into what we're trying to do? Where I'm going with this if they are they have a lot of communication, and if they sent out literature and things like that. Is it possible that they could you know encourage individuals to fill this out and return it or as they send out stuff could they include a copy of it or at least the website? Can this be filled out on the website and returned? SB: In the past, but not this time. OT: Well even if they basically sent out a copy of it and encouraged them to fill it out and send it in. I mean the thing is basically getting individual's attention. I get a lot of stuff crossing in my mail and stuff like that, and I'm to the point where I'm just get the bills first and then I got to prioritize. KH: This was not just handed out, it was handed out at church meetings and there was a Father's Day celebration, and so it was at group settings. It was not just handed out individually or mailed out individually. Social service agencies are a few steps beyond where we are quite frankly as a city. They have duel languages in almost all of their literature and signage. OT: The first time I was really disappointed in the response. I just took it for granted that it would be a large response and I was really surprised that it was so small. KH: I think there's an intimidation factor that we can't forget about. I know it's done anonymously. There is also a language barrier, although we did have it translated into Spanish. Some of the verbiage that you and I have grown up with is new to most of these folks. So when you break down the different departments it's really hard for them to understand how that department affects their lives. That's all some of the stuff I think that we're trying to work for. SG: What is the plan to do with the results of the survey? KH: Their survey they have yet to determine what the plan is for their results, and they want to be really sensitive to all the information that they have, and they want to make sure they share it with some logical planning. Is that how you understand it too? DF: Yes, we've got three working groups going on issues that have emerged. Do you know about those? The one on immigration law enforcement, one on immigration, they've got three. HO: Education and training. DF: Education and training is one? HO: Well they came together at the last meeting I attended, and they came together with the law enforcement. DF: Some top issues emerged so they have work groups on those, but the rest I don't know. SG: What I was driving at is that say for example. Page 7 of 19 DF: But that's our survey, you're talking about Immigrant Voices. KH: This is the Voice's survey. Robin sent me the Voice's survey. Oh this is, they've combined. I did send around the Voice's survey. SG: So I guess what I'm going to say whether it's this one or it's this one. Say I'm gonna get out response regarding police, and you get all this information. What do you do with it? Are you gonna go back to the police chief and say you know this survey has been done, and the results overwhelming or partially identify issues of communication with the police department. How do you think we can deal with that? KH: Historically it's been thought that the police and issues with the police department should in some ways be separate from the city services issue just because it's so large. That is the intent that if we could just find some hard data and be able to say you know of our community this is how they're feeling. SG: It would be an improvement in this area or any other areas. I just took out the police as one. DF: One of the things we did in the report and have you seen the final _ report because I was going to send it to you, and I don't know if I've done that. The question is what's the right number of survey responses to make the data feel worthwhile? We've got a spreadsheet and we did it all on a scale of one to five. This is what the rating was and here's So we did all that, but I think the total responses were more. Did we have 50? KH: I thought it was around 35. DF: So the question is if that's the tool used, what's the number, and it might be the question from the city council. What number would you need to pay attention to it? So that's one approach of the survey. The Immigrant Voices, which is great, is they don't care. It's like our numbers we're just building a base. We're just enlivening leadership and identifying issues. It's not trying to be any kind of a provable survey. It's a community building process, which is great. OT: But they say new knowledge is powerful, and something Kim said tonight really got my attention. We're trying to do something to improve situations that are going to benefit you. My assumption is that everybody would jump at it, but after what you said about that certain concern about intimidation or impact. In all fairness I've very outspoken, but I'm to the point where when I get ready to speak out against something to do with the system, I more and more begin to wonder about okay, do I want to say something that's gonna create a negative impact. I can handle the negative impact, but I'm not sure how it's gonna overflow to my kids and my grandkids. I'm very established in the community and I'm thinking about that. Whereas the individuals we're talking about their concern is you know not to, just to stay under the radar, and not to create a problem. So when I think of it that way it makes perfect sense that we're not getting a lot of responses because once you respond you don't know where it's gonna lead or what the outcome is gonna be. The best thing to do is to do nothing and that's part of what we're dealing with. DF: What's cool about the Immigrant Voices project is that because you're talking one on one with somebody. I think the approach is you know if we do nothing our lives won't ever change. But you can do that in a human voice in a conversation versus a, that's why it's an organizing approach. KH: They're collecting a lot more narratives than just a _ scale response, and so when you're spending an hour with someone I think you can really get to the meat of what the concerns are. I just wanted to put this out there too. I was on the sub - committee the first month that I started as a Commissioner and we as a group have not met since. I just want to make it known that I hope I'm doing and following the direction that you all had intended originally when you worked on. If there's every a time where you feel like we need to meet again or you need some. I just wanted to put that out there that I'm certainly open to that. HO: Do you feel we need to meet? Page S of 19 KH: I don't feel that right now. Last month I was grappling with a bit and wondering if I shouldn't have some additional support, but I feel like I have a better handle on it now. It just takes time and there's a lot going on in this community and trying to figure out where all the pieces fit. HO: I would say the meetings are open so I would encourage any of those people on the sub - committee to please attend a meeting. OT: I would say basically from the time we spent and the issues we dealt with and the hurdles we had to get over is that there's no pattern for it. It's like my feeling is if you have a situation where you see opportunities seize it, go for it. DF: I just thank you for taking on the leadership in your time as a Commissioner. b. World Human Rights Day Proclamation HO: World Human Rights Proclamation December 1" packet item 5d. We asked that you come with your edited versions tonight so that we can take and come up with the proclamation that we can take and give to the city. What's the most expeditious way we can do this? SB: Probably to do one page at a time. So if somebody has corrections for page one just deal with page one and then go to page two. DF: I looked at it and made a decision not to do editing because I'm unclear of the purpose of it. I'll accept whatever the Commission decides, but I'm kind of where Orville was with the last one. What's the there there? Why are we doing it? I didn't spend any time editing. SG: It's a reminder maybe and what it is we are about and what we're supposed to be supporting. At least that's how I read it. I don't know. SB: I would just add that I know the Iowa UNA usually submits a proclamation for December 151 for Human Rights Day, and so that's just something to, correct sorry. HO: I was unaware of that. SB: I thought we discussed it at a meeting, but just so you know that. You might want to speak with them once you get a final draft of this to see how much there's differs from yours because I don't know how they usually handle proclamations, but I'm guess when there are two proclamations for the same topic, I'm guessing it's probably an either or. I don't know that for sure, but I'm guessing that they probably don't do more than one proclamation. KH: Something Orville said earlier kind of sticks for me, where maybe it's time to kind of flush out because if we just keep throwing things at them, they lose some of their power. So maybe if we could look at what the UNA is doing and see if they are putting forth something similar. We could just support that proclamation. HO: Can we get a copy of the proclamation they've used in the past? SB: Yes. I'm not sure though it would be the one that they're gonna use this year. I think at the last meeting I thought somebody was going to get in touch with the executive director over there, but maybe we just talked about the Iowa UNA. I mean I can definitely contact the executive director. I can talk to the city clerk and get a copy of last year's, but I'm not sure if they submit the same one each year or if it's a different one each year. So that's information that I would have to get. SG: So this proclamation wouldn't be submitted to the Iowa City council? SB: Well I think they call them the mayor's proclamation. So it's really being submitted to the mayor and it's not the city council. He's the one that does the proclamations is my understanding. KH: Without support from city council? Page 9 of 19 SB: My understanding is that they are the mayor's proclamations. SG: Well since we are the Human Rights Commission doesn't that make sense that we have a Human Rights Day proclamation to share? HO: It would make sense. SB: Yes I don't disagree with that. I was just saying you might want to coordinate because I just, like for MLK Day for Juneteenth for International Women's Day. If they get more than one I'm guessing they don't do all five, or let's say if they get five, or if they do five, I'm guessing only one gets read at the formal meeting, and then the other ones are just signed. So you have to look at the motivation and what you want to get out of it too should it not be one that's read at a formal meeting. SG: So historically what was the case say last year. Is this a yearly annual event? SB: I know that the United Nations submits a proclamation, but outside of that I don't know. SG: Did we last year? SB: No. SG: So this is the first time? SB: I don't know if it's the first time. If the Commission has done it in the past it's been awhile. SG: It's been a while so we need to do it don't you think? HO: This one came out of Birmingham, Alabama and they used it and I just happened to get a copy of it, and I thought it would be something to share. SG: Personally for me I think it's important since it doesn't seem to be that in the near past that the HR Commission hasn't submitted any such proclamation to really consider it because this is right up our alley whether the UN is going to or not to me is irrelevant. Whether this one is read or signed, again it's irrelevant as long as it is going to be introduced to the mayor. If he chooses to read that or sign it, it's still fine. KH: As long as it's on record? SG: Yes absolutely. I mean it's a statement and that's what we're standing for. HO: What I would suggest is why don't we table it this month instead of taking the time right now. Let's table it and see what the UN is doing, and then come back next month with all that information and we can make a decision at that time. Does that sound reasonable? OT: Just want to get a clarification before we leave this. This is our proclamation that we're gonna send to the mayor, and why are we sending it to him. We feel strongly about these things, but why are we sending it to the mayor? I think it's an important that that be pointed out. Are we asking him to support the principles, to work with us? You know that the city council's decision will show that they are in support of it. I have concerns about just sending things over because if you don't clarify it people can use it to nit and pick from. We've got one that we're gonna send over that we talked about earlier and now here is another one. We went before the city council and all the hard work we put in and they pretty much shot half of it down. So what are we expecting from this? What kind of commitment are we going to ask the mayor? If we're just gonna send it then we're wasting our time. If we're gonna send it and ask for a specific commitment then that's great. DF: I would echo what Orville says. I'm wondering if as a group we might want to do some kind of a strategic planning session. I don't know if this is allowable or now , but to come up with what would we want these Page 10 of 19 whereas and these therefore to be based on what we want to accomplish, even if it's a year by year approach. Something that really sets for us what are we gonna do for the year, and we could come and we could do it instead of doing it piecemeal. I have a similar feeling of I don't want to keep sending stuff up into silence, and then not have a particular strategy to say is this being followed up on. I think some stuff we did, which was great, is the signage and you're following up on that. You know these concrete strategies, we sent them up and they didn't like some of them, but some of them they did so now it's like okay, let's keep pushing it. I'd like us to think about maybe at some meeting if it's allowable with public and open records. SB: It would just be an open meeting. You could do it and it would be a special meeting. DF: Kind of a strategic thinking and planning session to get to some of these things. HC: This particular thing it seems like if we would more formalize to the point of saying we as Human Rights Commissioners believe that since this is Human Rights Day, that we should forward a proclamation to the city council. Maybe it's not our job or whatever, but I think as a Human Rights Commission we could send it to them and expect that. This is what you would use for the Human Rights Day proclamation. Let them say well we're not gonna do that, but that's a possibility. I would be in a more positive side. I just think this could be an annual part of the Commission's responsibility. HO: Many of the principles that are addressed in this are several principles that we're asking for a proclamation to come from the city already when we talked to them earlier. SG: When? HO: When we meet before the, with our asking for a proclamation on immigration. SG: But that was specifically for topic. This is more inclusive. HO: Right this is more inclusive. OT: You know number eight, there are two of them on here right now that I would have concerns about, but once we sent it to them then we can look at these to see how we're doing. Then as we communicate to them then we can use these to give our opinion of how things are going, and what we feel that maybe we need to work on and make some suggestions. HC: That's why I think we need to pick through this and decide if that's what we're gonna do. We do want to have something that's concrete for ourselves as well. DF: Is the UNA one that's submitted, I'm guessing it's on the Universal Declaration of Human Rights document. It might be interesting to start with that and then have us apply it. You know get their kind of template and say in Iowa City we see concerns regarding the right to own property in the following areas. You know something that we could... HC: Make it more local. DF: I'm gonna guess that it is fashioned off of the Declaration of Human Rights Universal one, and so we kinda cool to do the work and say okay here in Iowa City. HO: So should we table this till next month? SB: Yes, but in the meantime if people could send me what revisions they have I will try to streamline them, and just where there is conflict then. I think it will make it easier. DF: My personal self is I would prefer to see the UNA's one before putting energy into this one. SB: But if somebody has done edits then send them to me. Page 11 of 19 OT: My concern is not just sending this, but my concern is we're sending a lot of stuff, but I think we need to rethink that in terms of what we send. How does it fit into what we're gonna be doing like for example here they've got one on diverse communities, living in harmony. Obviously that's not happening, there's one in here that mentions profiling. Obviously that's a problem so I have don't problem submitting this because we're saying we're hoping that you will work with us to help improve this. At the same time we can be as we feel that one of these is an issue, we've submitted it and we can refer back to it and be specific. Then we can request what actions you know are being taken to improve the situation and how can we assist. DF: So will someone contact the UNA? SB: Yes I can do that. OT: I know the meetings will be a little longer, but am I being critical. I think you can get in the habit you know. We're on the committee and it's important that we don't do what everybody before us did. That's not gonna bring about improvement. I think we need to reframe our thinking in terms okay, we're gonna do something, but everything we do is it new, or why are we doing it. If it's not new why are we doing it? What is this associated to? Let's look at what it's associated to and then apply to that to see why we're messing with it. What do we want? I think we need to think more in terms of outcomes. HO: Any other discussion? Okay Police Citizen's Review Board. c. Police Citizen's Review Board DF: So that as I understand it from the last meeting we were talking and came to the agenda item. There was some follow -up in the newspaper and the city council they were going to wait until after the recommendation. We forwarded our recommendation and it should be reviewed. Does anyone have other updates on? SB: Well they just had a work session so I don't know what just occurred but to my knowledge no. DF: There is that committee that um _ put forward that sounds like will be, it's up for one more vote. KH: Diversity committee. DF: I think if I remember were police part of that exploration. I just want to say to keep it in front of us that I would still strongly believe that structure needs to be reviewed. further action we can take... OT: I can't find it right now, but it points out that members of the review board feel that the structure is fine and everything is working. Only one member doesn't feel that way and it's Roxanne Porter. I guess basically it's sort of like this is a good old boy's system. I mean whom do we look at? Do we look at individuals who've been appointed and who really can't be impacted by the change in the city. Or do we look at the one person who has been impacted who happens to be a minority that's affected by the changes. I think that statement in itself points out that they're, well we're talking about a city that's in change. Unfortunately the city chooses to acknowledge differences, but not acknowledge change to the point that they realize that the structure needs to change to accommodate the reality of change. KH: How long are terms for the review board because one member has been on for five years. HO: Three year terms. SG: I was just going to say that Ms. Porter even for that time when we were there listening. She's really demarginalized. I don't think if you look at the board as a whole, they seem to all, all of them on one side and she's by herself. That just doesn't work. OT: I think two things that I think we need to look at. Number one is the makeup of the board. We need more minorities on it. Number two the structure of how they operate. I mean the way it operates now if somebody makes a complaint, you've got the police chief internal investigation. It's sort of like a function on the right of the officers before we even Page 12 of 19 look at the right of the victim too. So the way it is now is if we had a crisis, that board would be useless because nobody has confidence in it. That's why they put it together as a result of a crisis, and I think we need to restructure the board and change things to the point where if we have another crisis, then and the community is in an uproar, that that board can step in and say okay, let us take a look at it. We're gonna look at it and we're gonna get to the bottom of it and make sure that everything is fair. That won't happen now because there's no confidence in that board. So it's useless. KH: I was also surprised that two of the members have law enforcement backgrounds. OT: That they were appointed. DF: I mean having backgrounds is not a bad thing, it's what powers do you have to use... HO: At the last meeting the Immigration Voice Project, the law enforcement group is setting up an appointment with the mayor, which he's agreed to have with them. One of the things that they are going to discuss is the Police Citizen's Review Board. DF: I would just ask that we stay vigilant as a group on the action. I wish there was another action we could make a recommendation, but I think we've at least spoken our voice to the council. There is quite a lot of talk in the community about that, and I for one hope that the council is listening to the multiple voices expressing concern about the review board. HO: Anything else? SG: Here from the handout or the Press Citizen _, it said the Iowa City Human Rights Commission in March asked the city council to establish a committee to review the fifteen year old PCRB to determine whether it's still effective. The mayor said that Wednesday that the council plans to take up the issue after the 0. So do we know anything about whether they discussed it or not? DF: Stefanie let me ask kind of point of protocol. I've talked about this before, but I think I'm unclear about communication between the commissions and the council. I know we're free to offer any communications forward and write in their packets and letters. I know that that's given to them. I'm unclear if they have any obligation and or protocol for communicating back to us. SB: My understanding is that that would be at their discretion. DF: Do they have any other protocols for communicating back to any of the other commissions that are similar situated to ours? SB: I would have to check on that because there are quite a few boards and commissions. OT: Would it be appropriate for the Commission to submit a written recommendation that the structure be changed so that it contains number one more minorities, and number two that the current structure be changed so that investigation, etc. is taken out of the hands of the police department, and a more neutral group or individual group you know handle that. SG: I think that by the time that what we were trying to do is have them look at the structure, dissect it and see what other models they can have. I don't know what other cities, are we familiar with any other cities' models that we look into and see this city has done this. This has been successful, this has not been, just for a comparison. We can't tell them what to do when we're not sure exactly what will work. DF: There are several models that have been proposed to them. I think this is the question that comes back to us is do we want to take it on. Do we kinda want to be in essence the committee that reviews the PCRB and makes the recommendations. We could just say we want to do that. We've heard enough from the community and we're concerned. We want to look at the models and we're gonna write another report and we're gonna tell them what's the best structure. Page 13 of 19 OT: Stefanie do we have the capacity to handle that? SB: I don't know if I know what you mean by capacity. OT: _ the reviews and things that from all the complaints and stuff. The way it's handled now we're saying that you know, if we assume those responsibilities you know. DF: Do we have the right to. SG: The right to, the jurisdiction to study the issue and look at different models from other cities, and then maybe propose. Then maybe we can propose a specific model to the city council. KH: I know that they're following back on the Iowa code. Some of the legalities that they're following back on though states that under this law only the police chief and the city manager have the power to discipline an officer. So while we're looking through all of this we need to keep in mind that there are some laws that govern that are beyond the control of the PCRB. So how do we address those in a way... OT: Confidentiality is always gonna come up as a door that's gonna be a problem. DF: Those are the issues what I've heard the community is it's about individual behavior, but it's also about law enforcement practices which are not governed by confidentiality and worker protection rights. This is set up only to do this, which is one of the reasons it gets hamstrung versus the recruitment tactics, the tone of enforcing police. I think the bigger stuff is not just in one human being's performance. KH: The culture of the department, all of that stuff, because that influences discretionary judgment on the line. DF: It could be I think that's how we would say is here's how committees have handled because right now this doesn't have anywhere to go. This is this internal, so I think we need to say if we don't... We believe the council is either not moving effectively or fast enough or something on this issue. We're heard enough in the community and we would like to establish a sub - committee ourselves. I don't know how I feel about that, but I think that's one way we could go. KH: I think our biggest barrier though is that so many council members just don't see it that way. OT: The way I see it is I see this as an opportunity to be pro- active because I look at something and I want to know what's the problem, and why it's an issue. It's an issue because the existence of this board was created because of a very negative incident involving the police department. I think it came up to be a compromise where you know they said okay we gotta put something in place. It was a good idea, but I think the compromise was kind of a compromise. Okay we'll have a board but we'll determine who is going to be on it. So as a result of that you end up with you know the way it's set up now, the structure so that we've got a board, but the police department is gonna control the whole process. Now that's okay and when I say they have a chance to be pro- active is that if we do something to change the board based upon the concerns we have now. If we change it to a more positive structure, and if we have a negative situation down the road, that board can do what it's supposed to do. It can look at the situation and report back to the public. It can defuse a situation. But the way it is now if we had a negative situation, that's not gonna happen because the community, the black community has no confidence whatsoever in the police department. KH: I think we can also address some small steps. I remember being at a community forum three years ago, where the request was just that you wouldn't ask someone to come into the police station to do their complaint. That they could meet at a neutral location and just something as simple as that could really effect how people respond to the initial complaint, but then what do you do. OT: I'm just hoping that the city council will just entertain the thought of the structure needs to be changed and do something or they can do nothing. But I think it's an opportunity at this point. Page 14 of 19 DF: May I make a motion that we ask Stefanie to check in with the council's status on our recommendation that we put forth in March what their current status is on the establishing of a committee of the PCRB, and depending on what we hear back next month, that we consider whether we want to take this issue on as a Commission in a more focused way. SB: I'm not even sure if it needs to be a motion. I mean you're just directing me to do something. I think that's fine. DF: Are people in support of that we decide if we believe strongly enough that there needs to be some type of action on this issue. We think it's most appropriate with the council, but if the council is not acting, that we would then establish some work on our own. SG: And then in the meantime maybe if anybody get information on models from other cities and other communities. SB: I think actually that's been submitted to the city council by community members so. DF: I think we mentioned a couple in our resolution too. OT: As a Commission do we have any areas about the current structure that we're concerned about, and if so what recommendations we might make that we feel will improve the current situation, the current structure. DF: I would say personally I have some concerns, but I wouldn't be ready to make them piecemeal. Once we talked about, you shared if we want to do that then I would, let's do something formal. OT: I guess strategically it would probably be best. I think it'd be best to let them submit what they're thinking and then we look at it, and then if we have concerns then we DF: If we hear that there is no action between now and next time, I'd be glad to establish a sub - committee and then putting forth a formal something based on what we've heard in the community. SG: I mean as we speak, as I hear you, we want to look at it as this. We would like to, and we probably sent that to the Iowa City Council like the makeup of the board. The term appointments, communication with the public, timetable of resolution of complaints, and methodology of community with the complainants. HO: Any other further discussion? If not we'll go to updates and reports and board Commission training. 6. Updates/Reports: a. Board/Commission Training HO: Well I went and Kim and Stefanie went. It was well attended I thought by many of the other commissions and boards of the city. It was well presented and a lot of good information that was received. SG: You thought there was like a video? SB: I have it here, but it's one that because of some agreements that have been made it's more like a Blockbuster loan. I can give it to you but you're gonna have to give it back to me. KH: I don't really have much to add to that Harry other than I thought some of the information was pertinent to sub- committees, which I found real helpful. I don't have to do meetings and agendas. HO: I think they stressed the legality issues regarding our responsibility on a board and what those are. Okay Juneteenth is up next. Page 15 of 19 b. Juneteenth DF: I guess I would just say, or Orville you were there for the duration. I came for a bit of it and it was very well attended. There was excellent collaboration between Johnson County Social Services and African Americans and Club . It just seemed like a really nice collaboration. Latasha Massey did a lot of work to pull it off. OT: I was really impressed because last year there was a complaint from some of the neighbors about noise. This year they went around and invited all the neighbors and made them aware. A lot of neighbors actually came out so that kinda helped the noise situation. One thing that happened that really impressed me is that they were giving away free Juneteenth t- shirts. They wanted the kids to get the t -shirts they had and had it coordinated with the fire department and had the medical unit there. So the kids had to go over and get a screening, and after they got their screening and then they were able to get a free t -shirt. So as a result of that we probably got a lot of kids that got screened, and they probably detected some things that they can give to the parents that the parents otherwise would never know. It was a very nice event. c. Reports of Commissioners HO: Report of Commissioners, Diane do you have anything? SG: Diane you were great in that all day event at the Baptist Church. DF: It was a good event. So was that Human Disparities and Trauma. We had 75 registered and I don't know who showed or not. Great spirit, great people. I was personally disappointed. I'd wished for some things to come out of it that I struggled with knowing how best to facilitate. So I was concerned about my own stuff, but I thought the spirit was great, and there was great movement. There were relationships being built and so we talked about is how to move from just and really look at the bad outcomes. How do you shift the conversation to looking at institutionals . That was really cool. We'll see what the next step will be. The Coalition for Racial Justice meets the second and fourth Thursdays. The Thursday 4 -5:30, and on the second Thursday meeting at First Baptist is 12- 1:30. So everyone is welcome and it's just this wonderful grassroots effort. We have some really exciting things to do yet and came out of the KH: Who was it that turned out? Was there a mix of professionals and indignant colors? DF: Yes. One thing that threw me off — there were a lot of non -Iowa Citians because it was though the social services sector. So there were people from Davenport and Des Moines and Waterloo and Cedar Rapids. So what we initially thought about it was being this community kind of like KH: DF: We gave a certificate and contact information. The other thing I just want to bring up that I thought was interesting that I heard today. Is it the Waterloo Human Rights Commission is taking on a couple interesting issues. One of which didn't seem as relevant for our community, but the other one is working with the council to recommend that people with felony charges not be discriminated against in the workforce. I thought that was very interesting because we've heard and we know nationally that that's one of the struggles of people with felony convictions. One in this state because your voting rights are taken away, which is just _ insane and had been done away with governor and reinstated with this one. Also discrimination for housing and jobs. I'd love to keep our ears open and it was tabled. Did anybody else hear this story? I want to keep my ears open so I may bring a recommendation back for that. HO: Shams do you have anything? SG: No. HO: Kim? KH: I guess I wonder and I don't know if this is the right place to talk about it, how the diversity committee if it is approved by the city council affects the work that we're doing in our sub - committee. Page 16 of 19 DF: That's a really great question. Can we put that on the agenda for next meeting? SB: How do you want me to phrase it? DF: The relationship between the Human Rights Commission and its sub - committees with the diversity committee is it? KH: I think they're voting on it tonight aren't they? So we'll know even if it's passed. HO: Orville? OT: My committee we've been trying to get a meeting scheduled. We finally got one scheduled for this week Tuesday I think it is. Actually I talked to Stefanie and we're gonna have some good ideas. This second round we're gonna try to do some partners, so we're looking at getting diversity focus involved. At this point I have no idea what the content is going to be because we haven't had a chance to meet yet. DF: Is it Thursday at 10:00? OT: Yes. We're off and running. HO: Okay the other thing I have is I attended a meeting on campus with the Council on Disability Awareness, which is a campus -wide organization, and they do have participants from the community. I'm going to suggest to them that they might want to have a representative from the Human Rights Commission on their committee. SG: You mean CDA right? HO: Yes. SG: I don't think there would be a big problem. It used to be always open. We had liaisons to different organizations and that would be wonderful Harry. I used to go more often, but I haven't for a while. HO: I represented us on the University of Iowa Human Rights Commission. I thought that it would be appropriate to talk to them about having someone represent us over there. DF: I think that's great and the University has multiple diversity councils and CDA's. I'd just say that we'd want it to be kind of maybe a loose relationship or something. I don't know. I think it's great to have the communication. SG: Maybe they can send us the minutes. HO: Okay is there anything from staff. d. Report of Staff SB: Kim you handed out that original survey that the other group is doing. Can I either get that copy or have you send me a COPY. KH: I can give you this copy I have. SB: The Human Rights Department is actually moving up to the third floor in city hall and that's taking place probably over the next three weeks. So an available date for a tour I guess for my schedule and staffing concerns would probably be not before like mid -July. I'm talking about the tour for the signage and stuff. I would say something after July 161h which I believe is a Monday. I handed out the updated Commission list. Jesse Harper is the newest person that the council has appointed and he fills Henry Harper's spot. He was supposed to be here today, but he had an unexpected death in the family and so he will plan on joining us at the July meeting. His application is in the correspondence if you Page 17 of 19 want to learn a little more about Mr. Harper. Currently we have 17 complaints and we're moving so things are kind of coming to a standstill for a while, but we hope to pick back up and get going. SG: What is the nature of the complaints or you can't tell? SB: I would have to go through them individually. I don't think I could summarize. SG: Would you be able to afterwards to tell us the issues that were being addressed, race, immigration, etc. SB: Yes and the annual report kind of does that. KH: When does that come out? SB: Actually there will probably be a draft for the July meeting I'm guessing because they're usually due September 151 or around that time. DF: Harry and I were at the Sertoma Club a couple weeks ago and it had been a do over from March when Kristin from the Human Rights Department came and spoke. We ran out of time so we came back and talked about the _ and the immigration work. Then a Press Citizen reporter called last week was it Kim, in terms of the Obama administration executive order. So it was really wonderful to have you and the connection of the sub - committee because the call came in and he would have been just fine with this one person from the Commission. But we have places to send it out now, right, and say hey get these voices into the story. I don't know if the story ever came out. KH: It did in Saturday's paper. DF: Was Veronica quoted? KH: I don't remember. HO: I sent a letter to the Press Citizen regarding the Obama's new immigration reform. That's going to appear either tomorrow or the next day's paper. DF: I just want to say the Press Citizen did a full page ad, this whole thing about getting more officers to get warrants. My personal opinion is that individual Commissioners, the story was just nuts, but the Press Citizen committed an entire full page looking like the FBI's most wanted page. There were photos. For folks with outstanding warrants and some of them are domestic violence, but nothing that is going to seriously harm the health and wellbeing of our community and they did a full page dedicated. I thought it was disgusting. KH: They were all people of color. OT: I'm sure that there were other outstanding warrants that were not minorities. DF: They had a note that they only published photographs of the ones they could get, but I just thought it was hideous that they would commit that many _. KH: It was front page and then two full pages inside the paper. DF: Like it's become a police blogger is what that paper is becoming. I don't know how our city is participating in there, but it's ridiculous. SB: We have to be careful. You can report on what you think. I just want to make sure that we stay within what's on the agenda. I don't know if he was done, but I just want to make sure that we don't get into a discussion, but you can report on your feelings on the article. OT: We have to be careful because you know it's like I talk to a lot of black people in Iowa City. I constantly tell them that Iowa City is a beautiful place and they wonder how can you say that. There are a lot of good people in Iowa City, but Page 18 of 19 all you need is you know it's just like ah tub of potatoes. If you get one or two that rot, if you don't take care the whole damn tub will rot. So we have a lot of good people, but unfortunately there are some people who have ideals that aren't as healthy. They can create a problem and that's what the focus gets on. Adiournment: Motion to adjourn at 19:29 pm made by Orville Townsend, seconded by Shams Ghoneim. Motion passed 5 -0. (Cowen not present) Page 19 of 19 Human Rights Commission ATTENDANCE RECORD 2012 /Meetina Datel NAME TERM EXP. 1/17 2/21 3120 4/17 5/15 6/19 7/17 8/21 9/18 10/16 11120 12/18 Dr. Howard Cowen 1/1/13 X X O/E X O/E X Constance Goeb 1/1/13 X O/E X X O/E O/E Harry Olmstead (8 -1 -2010) 1/1/13 X X X X X X David B. Brown 1/1/14 X O/E O/E O/E R R R R R R R R Diane Finnerty 1/1114 O/E X X X X X Orville Townsend,Sr. 1/1/14 X X X X X X Henri Harper 1/1/15 O/E X O/E R R R R R R R R R Kim Hanrahan 1/1/15 X X X X X X Shams Ghoneim 1/1/15 O/E X X X X X Jessie Harper (Appointed 6-5-12) 1/1/15 O/E KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting /No Quorum R = Resigned - = Not a Member MINUTES FINAL PARKS AND RECREATION COMMISSION MAY 9, 2012 UNIVERSITY OF IOWA BECKWITH BOATHOUSE Members Present: David Bourgeois, Clay Claussen, Maggie Elliott, Allie Gnade, Cara Hamann, Lucie Laurian, Members Absent: Aaron Krohmer, John Westefeld, Joe Younker Staff Present: Mike Moran, Chad Dyson, Terry Robinson Others Present: Gay Allan, Steve McFarland, Marshall McKusick, Joye McKusick, Miriam Ozeroff, Jan Omann, Louise Novak CALL TO ORDER The meeting was called to order at 5:00 p.m. by Chairman Claussen. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Moved by Elliot, seconded by Laurian, that the Iowa City City Council approve an amendment to the alcohol ordinance allowina alcohol sales and consumption in the Terry Trueblood Recreation Area Lodge and the Ashton House. Motion passed 6 -0 with Krohmer, Westefeld and Younker being absent OTHER FORMAL ACTION TAKEN: Moved by Elliott, seconded by Bourgeois, to approve the April 21, 2012 minutes as written. Motion passed 6 -0 with Krohmer, Westefeld and Younker being absent. PUBLIC DISCUSSION: Steve McFarland attended the meeting. He is currently a volunteer for the dog parks. Several of the guests present this evening were from the Normandy Drive area. Doug Jones announced that there will be a garlic mustard pull scheduled next year. He stated that once the fence is removed at the Strang's house, it will be easier. This fence prevented any garlic pulling this season. BEE POPULATION IN IOWA CITY: Laurian mentioned at the April meeting that she was concerned about the bee population in Iowa City. She honestly did not know if it was down, but noted that she had not seen many bees to date. Moran did some research and provided members with two documents from the web regarding the bee population in the state. Moran said that his research showed that the bee population is not of concern at this time. ALCOHOL PERMIT DISCUSSION FOR ASHTON HOUSE & TTRA: PARKS AND RECREATION COMMISSION May 9, 2012 Page 2 of 5 Moran noted that to permit alcohol in these two facilities there will have to be an ordinance change approved by City Council. Staff will be asking for an amendment that includes both facilities. The Library and The Center (previously known as the Senior Center) have also asked to be included in this ordinance change. Moran expects this item to go before the council in June. Moved by Elliot, seconded by Laurian, that the Iowa City City Council approve an amendment to the alcohol ordinance allowing alcohol sales and consumption in the Terry Trueblood Recreation Area Lodge and the Ashton House. Motion passed 6 -0 with Krohmer. Westefeld and Younker being absent. NORMANDY DRIVE PLAN REVIEW: Moran has reviewed the plans with the neighborhood at a previous meeting. He will be placing the plans online and set another meeting to go over the two options given. The two concepts have been shared with the neighbors. The concepts are the same except that Concept B includes Eastmoor Drive Trail. Robinson and Tony Malkusak with Abundant Playscapes met to discuss the planting plan and tree removal necessary for the city park improvement project. One of the neighborhood members present stated that he prefers Concept B as it provides direct access to the river where Concept A does not. It is feared that if the City goes with Concept A that patrons of the park will walk through the neighboring yards to gain access. Moran noted that there is an adaptive re -use plan being created for the Ashton House. He also noted that the size of the parking lot will be based on occupancy load for the house. Claussen asked Robinson about snow removal on the City Park Trail in the Normandy Drive extension Area. Robinson reported that he does not know at this time. It will be made of a pervious pavement which is required by FEMA. Salt and sand can be destructive to this type of surface. RECREATION DIVISION REPORT: Dyson reported that recreation class registration started the week of May 1. Registrations are up by 15% compared to last summer. Dyson announced that the Wellmark 3 -Point Play program will again be presenting the Recreation Division with a check in the amount of approximately $19,000. The department will add a rock climbing wall at the Recreation Center Pool and enhance its youth fitness programs with these funds. Dyson reported that City Park Pool preparations are going well and that the pool will open on Saturday, May 26. PARKS DIVISION REPORT: PARKS AND RECREATION COMMISSION May 9, 2012 Page 3 of 5 Robinson noted that with spring in full force that staff is working diligently to keep up. The new shelter #6 for City Park is planned to be installed this summer. Robinson reported that Jean Walker, Iowa City Citizen, has made a request to install an addition shelter in Brooklyn Park. More discussion to take place. Claussen asked how the new sand field at Kickers is working. Robinson reported it is doing very well with drainage etc., allowing for more playability, rather than cancelling after a rainfall. He also noted that they are experimenting with a herringbone pattern on fields to provide better drainage. Mid - fields are draining well. 11:7 :1 *101z" 101z" TTRA UPDATE: Moran reported that construction on a fence at the lodge area in TTRA began today. There will be some mud jacking done at the boat ramp. The final stages for the marina are being completed. After alcohol ordinance discussed (more info later in minutes) will look at vendor /s for the lodge and Ashton House. NEIGHBORHOOD MEETINGS: Moran met with Reno Street neighbors regarding the new shelter for that park. This shelter will be ordered soon. He has also scheduled a north side neighborhood meeting on June 25 regarding North Market Square. CHADEK PROPERTY UPDATE: Moran reported that since the City was not able to negotiate a deal with the Chadeks that the department had to come up with other projects to apply the CDBG funds towards. The department is looking at a new splash pad for Fairmeadows Park. Moran reported that Joan Jehle had some fundraising ideas to help with the purchase of the property, however, it was determined that it was not feasible to do so. BOARD AND COMMISSION TRAINING: Moran again reminded commission members of the Board and Commission training being offered at the Library on May 22 from 6 -8 p.m. Members were told to let Moran know if they are interested in attending. PARK SIGN REVIEW: Moran noted that the department has hired a landscape architect to draw up design proposals for parks signage. A presentation of the ideas was presented to staff who chose two favorites. Moran will bring to Commission for their review. The plan is to replace two per year over the next ten years. Moran would like all signs in all parks to be of a uniform design. CITY PARK RIDES: Mayors Youth will again be operating the City Park Rides this season. The rides will open on Saturday, May 26. PARKS AND RECREATION COMMISSION May 9, 2012 Page 4 of 5 CHAIRS REPORT: Claussen noted that he thinks there needs to be a follow -up on the Farmers Market Strategic Plan. Neumann will schedule another meeting with the group prior to the plan going before council. COMMISSION TIME /SUGGESTIONS FOR FUTURE AGENDA ITEMS: Laurian noted that she is very impressed with the planting plan for the Normandy Drive area. ADJOURNMENT: Moved by Elliott, seconded by Hamann, to adjourn the meeting at 6:05 p.m. Motion passed 6 -0 with Krohmer, Westefeld and Younker being absent. PARKS AND RECREATION COMMISSION May 9, 2012 Page 5 of 5 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2011 NAME r N r r oD Cl) o o r ° r TERM r N N Cl) r '� r m r ti o r a� o r r r N r EXPIRES David 1/1/15 X X O/E X X Bourgeois Clay 1/1/14 X X X X X Claussen Maggie 1/1/13 X O/E X X X Elliott Allison 1/1/14 X X X O/E X Gnade Cara 1/1/16 X X X X X Hamann Aaron 1/1/13 O O O O O Krohmer Lucie 1/1/15 X X X X X Laurian John 1/1/14 X X X X O/E Westefeld Joe 1/1/16 X X X X O/E Younker KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member at this time 2b(5) wm�� PLANNING AND ZONING COMMISSION APPROVED JUNE 7, 2012 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: None STAFF PRESENT: Robert Miklo, Sarah Holecek, Julie Tallman OTHERS PRESENT: Tom Gelman, Mike Pugh, Duane Musser, Gary Watts RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. COMPREHENSIVE PLAN ITEM CPA12- 00002: Consider setting a public hearing for June 21 on an amendment to the Southwest District Plan to change the land use map to show medium to high density multi -famly housing in the area between George and Streb Streets north of Benton Street, including lots at the corner of Oakcrest and George Streets. Eastham declared that as he is member of a board for an organization that owns a property on Streb Street, he would not be taking part in this consideration. Miklo explained that this is a procedural matter and that the Commission is being asked to set a public hearing to amend the Comprehensive Plan regarding the land use map for the area between Streb and George Street north of Benton Street. He said there is an associated proposal for a rezoning from Oaknoll to allow expansion of their retirement community. He said the amendment would be to show this as multi - family residential on the land use map, as there is no elderly housing designation. He said at the next Commission meeting on June 21s' there will be a report on the Comprehensive Plan amendment proposal as well as a zoning proposal for these properties. Weitzel moved to set a public hearing for June 21St on CPA12- 00002. Thomas seconded. A vote was taken and the motion carried 6 -0 with Eastham recused. Planning and Zoning Commission June 7, 2012 - Formal Page 2 of 6 MAJOR SITE PLAN REVIEW Review of a major site plan for a proposed multi - family building on property located at 201 N. 1" Avenue (Montclair Apartments) Miklo introduced Julie Tallman from the City's Housing and Inspection Services Office, which administers the site plan review process. Tallman said the status of the plan is such that it has been reviewed by staff, the Fire Department, the Building and the Planning Departments with respect to zoning, the Public Works Department with respect to the design of storm water management, and the Water Division with respect to connections to public utilities for water. Miklo said questions from the work session had been conveyed to various staff. He said they had received a memo from John Yapp regarding the driveway question and an email from Denny Gannon, the Assistant City Engineer, indicating that he has reviewed the storm water management plans and finds them to meet City standards. Tallman said that the property was initially developed in the 1960s before there were standards for on -site storm water management, so the design in 2012 had to incorporate new standards for detaining storm water and releasing it at a specified rate. She said those calculations were what Denny Gannon was reviewing for compliance with current ordinances. She said that during site review, it was noted that the entire site had to be brought into compliance with current lighting and landscaping standards. She said there was one additional review with the Traffic Planners and Traffic Engineers, based on the fact that there are three existing drives leading to First Avenue, which is an arterial street. She said they concluded that it was preferable to leave those drives in place rather than closing one or more of them. Freerks asked if only one dumpster was required. Tallman said that the City doesn't specify a minimum cubic yard of storage for solid waste. She said the Code states there will be an adequate number of containers, and if it's found to be inadequate because of complaints, the City has the right to require additional screening or enclosures. She said this occurs most frequently in developments that are occupied by the student population. She explained that the dumpster enclosure has to be designed to be compatible with the exterior of the building. Weitzel asked if there are any standards in 14.213 of the Zoning Code that are not met. Tallman said in the multi - family site development standards there are no provisions that were not met. She said the one provision that wasn't met was the Access Management Standard for arterial streets, which were reviewed by the traffic engineers. She said the frontage on this tract is over 500 feet. She said typical development along an arterial could have up to ten access points separated by 50 feet. She said this is another reason the current layout of entrances and exits to 1 st Avenue is not deemed to be problematic. Eastham asked Holecek to explain his scope of review as a Commissioner. Holecek said as a Commissioner, his charge is to step into the shoes of the building official and determine if any standards have not been met, to then articulate why he believes a standard has not been met, and make a suggestion or requirement in addition to what has already been reviewed by staff and the building official consistent with what he found to be deficient. Planning and Zoning Commission June 7, 2012 - Formal Page 3 of 6 Eastham said that in Section 18 of the Zoning Code the site plan design standards don't specify anything about building design so he wants to know if this means he has no charge to review building design. Holecek said that is correct. Tallman further clarified the general objectives of site plan review that are found in Section 16 of the Code. Freerks stated that the scope is quite limited compared to what the Commission would normally look at. Freerks opened public hearing. Mike Pugh, representing the applicant, stated that they had two levels of review on this project: a site plan review that was done by staff and design review. He said the applicant spent many hours with staff going over the building design and making sure that it met the site plan design standards. He said that during discussions with some of the neighbors, particularly with those to the west on Rita Lyn Court, they became aware of some issues of concerns for the neighbors. He said very early on in this process the project was designed to alleviate some of their concerns, especially the western side of the building that faces the backyards on Rita Lyn Court. He pointed out that there are no balconies, windows, lighting, or traffic and the air conditioners were moved with some difficulty to the north side of the building. He noted that because of the new code requirements, the entire site had to come up to standards, which included 37 new trees in addition to arbor vitae trees that have already been planted along the western boundary in response to the concerns of the neighbors. He said they are ten feet tall and are expected to ultimately be 20 -25 feet tall, which will be a nice screening for the property. He pointed out spots on the site plan where trees from Rita Lyn Court substantially overhang onto the subject property. He said agreement was reached that if any of those property owners agreed to trim those trees and pay for additional arbor vitae, the applicant would plant them at those spots and offered to secure the trees and the installation at his cost. Pugh said that the applicant has agreed to pay for and plant three blue spruce trees about 10 -12 feet high on the northern side of the property to screen any noise from where the air conditioning units will be located. In response to a question by Freerks, Pugh reiterated that the arbor vitae are not included in the 37 new trees that have to be planted. He passed around an exhibit prepared by his engineer that showed how the screening of the arbor vitae will prevent the neighbors on Rita Lyn Court from seeing anything but the roof of the proposed building and half of the top floor. He noted that in regard to the air conditioners on the south side of the building there's a retaining wall on the southwest corner of the building that's about ten feet higher than where the air conditioners are located. He remarked that currently the residents of the existing buildings bring their trash to the basement where it's then removed. He said something similar will be done in the proposed building. He said that the new units will be marketed to the same type of tenant who currently resides there now, which is people who are retirement age. In response to a question by Freerks, Pugh told the Commission that there are three three - bedroom units and the rest are two- bedrooms. Eastham asked what the height of the proposed building is in relation to the current buildings on the site. Pugh referred that question to Duane Musser. Planning and Zoning Commission June 7, 2012 - Formal Page 4 of 6 Duane Musser of MMS Consultants said that the existing buildings are two -story, and the proposed building is considered a four -story building, with the parking garage at the first level. He said the west side of the building is a three -story because the grade would cover the back of the parking garage, and on the east side the grade would make it a 3 -1/2 story building. Weitzel asked if the applicant feels that the design review was adequate and they'd rather not do anything more. Pugh said that through a rigorous review process, at least six different changes were made to the plan. He claimed that both the applicant and the City are happy with the design. Tom Gelman on behalf of most Rita Lyn Court and 1st Avenue neighbors to the subject property said there have been some significant changes and adjustments to the design and site plan since he filed the request for Commission review: He stated that one of the first things he and the neighbors did was to request a meeting with the developer, and although that request was denied, they have had access to Mike Pugh. He agreed with how Pugh had earlier characterized the substance of their meetings and conversations. Gelman said this project is a material change for the neighborhood that was not foreseen by most of the neighbors. He said the neighbors have tried to focus their concerns on things that can be somewhat mitigated, like privacy, noise, view and lighting. He said adjustments and accommodations not required by Code have already been made by the applicant in response to concerns. He said some of the changes had been made unilaterally, and they would have appreciated a little more give and take on some of the items that were addressed. He said the neighbors appreciated some of the changes that had been made. Gelman said the neighbors are requesting from the applicant continued cooperation to be reasonably responsive to their legitimate concerns as the project progresses. He said so far the applicant has shown a willingness to be responsive. He said the neighbors are asking the Commission to carefully scrutinize the plan and confirm that it meets the required standards, and based on their experience, make any suggestions about this project they feel will be useful. Freerks wanted to know, even though the issue is not within the scope of the Commission, if there are handicapped accessible apartments here, seeing as how these apartments are geared toward retirees. She was told there is an elevator. Tallman explained how the building plan review is about enforcing the Fair Housing Act as well as Americans with Disabilities guidelines and how the building code requirements for multi- family dwellings mandate that units be either accessible or adaptable. Freerks closed public hearing. Eastham moved to approve the major site plan for a proposed multi - family building on property located on 201 N. First Avenue in Iowa City. Swygard seconded. Freerks invited discussion. Weitzel said what he thought they could do here is to encourage the developer to continue to look at the Good Neighbor Policy and consider using it. He said that since design review has passed through staff review, he has no comments in that regard. Planning and Zoning Commission June 7, 2012 - Formal Page 5 of 6 Eastham noted that he believes this proposed site plan meets the design standards contained in the Code. He said he had particular concerns about traffic issues that might arise because of the additional vehicles coming onto 1st Avenue, but the staff report that says there hasn't been any collision pattern along 1st Avenue with the existing development indicates that the driveways don't present any more hazard than any other similar section in town. He said he is comfortable with number of units, the proposed additional traffic and maintaining the three access points that are there now. Thomas said he also supports the efforts toward cooperation between the property owner and the neighbors. He said he visited the site and was pleased to see some very large trees along the property line adjacent to the neighbors, but he would suggest that where there are gaps in the screen of trees, trees larger than what are proposed are planted to act as a secondary layer to the east of the arbor vitae to help with the screening of the upper portions of the building. He said the proposed addition will have a tremendous impact on the existing apartment complex. He said he would have preferred that the proposed building have had more of a relationship to the existing structures, but it appears to meet the minimum design requirements. He said there seems to be a need to revisit the requirements based on the lack of usable open space, for example. Freerks agreed with Thomas that the proposed building does seem to be pigeon -holed into a small area, but it meets all the requirements and she will be in favor of it. She said the proposed building is massive and will create some change. She said she thinks it meets a need for housing in the area. She also urged communication to stay open. She said she appreciates the time and effort that have gone into trying to make this a better project. A vote was taken and the motion carried 7 -0. CONSIDERATION OF MEETING MINUTES: April 301h, May 3rd and May 17th, 2012. Eastham moved to approve the minutes with minor corrections. Dyer seconded. The motion carried 7 -0. OTHER: The Commission decided that there probably would be a quorum for the July 5th meeting. ADJOURNMENT: Eastham moved to adjourn. Swygard seconded. The meeting was adjourned on a 7 -0 vote. Z O y N G 20 Ou V L ? V r Z Z N Na 06 Z a) W Z_~ 2Q QZ J CL a Z H W W OC O LL 0 Z H W W O W Z =XXXiXXXX oXXX XXXX co XXO XXXX XXXX i XXXX MXXXD e XXX �OX i XXXX ti N X X X X i X X X N XXOX 1 XXX M X X X LU D 1 X X X N °XXXX I XXX M �O XXXX X X X N N CDXXXX W i XXX N - QZ2W�Z X XXX X X X T- � V Y W Z a Q W LU � LOCOMNI�LnLnM _w N MO � � � =W N ~ ��= >wQwwa z W Ii YeI2UT-� W a �-X00000000 LO Ln LO LO In LO Lo Ln w vQ a mad tiaYWZQaw R U) LudPLUIL (32N a w Z�WLLY2tn 0 Z H W W O W Z E E 7 7 O O 7 7 C3 d O O O O x C: U p U p� � (D a m O C n E C aA<z aQQz n n w m u n w g xooz xooz w w Y Y =XXXiXXXX XXO XXXX MXXXD e XXX ti N X X X X i X X X N M XXX X i XXX N 2WCOCOMNf-- LOLOM �K00000000 W W - QZ2W�Z 0L)4wX Q � V Y W Z a Q W LU � W _w N MO � � � =W N ~ a >wQwwa z W Ii YeI2UT-� E E 7 7 O O 7 7 C3 d O O O O x C: U p U p� � (D a m O C n E C aA<z aQQz n n w m u n w g xooz xooz w w Y Y CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: FINAL /APPROVED POLICE CITIZENS REVIEW BOARD MINUTES —June 12, 2012 Vice Chair Joseph Treloar called the meeting to order at 5:32 P.M. Kingsley Botchway, Melissa Jensen, Donald King (5:45 P.M.), Royceann Porter (5:44 P.M.) None Staff Kellie Tuttle and Catherine Pugh None Captain Jim Steffen of the ICPD. �'r 2b(6) RECOMMENDATIONS TO COUNCIL 1) Accept PCRB Report on Complaint #12 -02 2) Accept PCRB Community Forum Summary 3) To change the name to Citizens Police Review Board 4) To remove the language regarding Formal Mediation within the City Code and from the Standard Operating Procedures 5) To offer as an option, the ability for a Board member to accompany the complainant during the police investigation interview process for a PCRB complaint, at the complainant's request CONSENT CALENDAR Motion by Jensen and seconded by Botchway to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/30/12 • Minutes of the meeting on 05/09/12 • ICPD Use of Force Report —November 2011 • ICPD Use of Force Report —December 2011 • ICPD Department Memo #12 -16 (Nov -Dec 2011 Use of Force Review) Motion carried, 3/0, King and Porter absent. OLD BUSINESS Community Forum — The Board reviewed the forum summary draft and made revisions and also confirmed the motion made during the community forum regarding the proposed name change to the Citizens Police Review Board. Motion by Jensen, seconded by Treloar to approve the amended summary draft and forward to Council. Motion carried, 5/0. The Board then discussed the followina other recommendations: It was moved by Treloar, seconded by Jensen to remove the language regarding Formal Mediation within the City Code and from the Standard Operating Procedures. June 12, 2012 Page 2 In order for mediation to take place both the complainant and the officer must agree to it. The Board feels that it's misleading to offer mediation to a complainant when the officer is being advised by the Union /Association to not participate in the mediation process. Therefore, offering false hope to the complainant. Motion carried, 5/0. Based on public concern it was moved by Treloar, seconded by King that all complaints go to both the Police Department and the PCRB. The Board discussed what a complaint was and concluded that they were talking only about the written formal complaints. They then talked about what the advantages /disadvantages would be for all complaints to be reviewed by the Board, especially if the complainant is satisfied by the outcome of response they receive from the ICPD and that the option of filing with both the Board and the ICPD are offered when they speak with someone from the ICPD. The Board also receives a quarterly report from ICPD, which lists the formal written complaints that are filed at the ICPD and issued IAIR # and also the complaints that are filed with the PCRB, which are also issued an IAIR #, and lists a date, location, type of investigation, and resolution. The Board also agreed that more education needs to be done regarding the PCRB so that the public is aware of their options. The Board is open to ideas and suggestions on the different ways to educate and get the word out to the public. Motion defeated, 0/5. (Break 6:54 -6:56) Motion by Botchway, seconded by Porter, to offer as an option, the ability for a Board member to accompany the complainant during the police investigation interview process for a PCRB complaint, at the complainant's request. The Board felt that if a complainant was uneasy about meeting with the ICPD they could offer the option of a member going with them and possibly making them feel more at ease; therefore more complainants would participate in the interview process giving more information to the investigation process than just the written form. Motion carried, 5/0. The Board discussed the additional changes concerning the ordinance, by -laws, or standard operating procedures that they had previously been looking into when former member Braverman was on the Board. It was agreed that many of those changes were addressed in the recommendations or at the forum, such as the name change, making the process more welcoming and less intimidating, more education regarding the Board and the complaint process, hiring an independent investigator, and keeping statistics for the complaints filed. The Board agreed that they would add an item regarding keeping statistics on the next meeting agenda to discuss further. June 12, 2012 Page 3 The Board agreed these are the current recommendations. No other recommendations will be made at this time. NEW BUSINESS King welcomed new member Kingsley Botchway to the Board. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Tuttle stated that she would work on a draft of the annual report for the next meeting. EXECUTIVE SESSION Motion by Porter and seconded by Jensen 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 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, 5/0. Open session adjourned at 7:34 P.M. REGULAR SESSION Returned to open session at 7:37 P.M. Motion by Jensen, seconded by Botchway to forward the Summary Dismissal for PCRB Complaint #12 -02 to City Council. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 10, 2012 5:30 PM, Helling Conference Rm • August 14, 2012, 5:30 PM, Helling Conference Rm • September 11, 2012, 5:30 PM, Helling Conference Rm • October 9, 2012, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Porter, seconded by Treloar. Motion carried, 5/0. Meeting adjourned at 7:40 P.M. y e� d A O r �I yn y n y N l 1 O� W N W h+ A i i e� d A O r �I yn y n y N l 1 O� W PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re ,, ,flnvestgation of Complaint PCRB #12 -02= Complaint PCRB #12 -02, filed May 7, 2012, was summarily dismissed as required by the city Code, Section 8 -8 -3 E, requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer may be subject to summary dismissal by the board. DATED: June 12, 2012 1-7-41LED zl5P A::7- JUN 112012 City Clerk Iowa City, Iowa POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 June 12, 2012 Iowa City City Council City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Re: Police Citizen Review Board's Annual Community Forum Conducted 9 May 2012 To Whom It May Concern: The Police Citizens Review Board held its annual forum at the Iowa City Public Library in Room A at 7:OOpm. Board members present were Donald King, Chairperson, Joseph Treloar, Melissa Jensen, and Royceann Porter. New member Kingsley Botchway was present but not on the panel due to just being appointed. The Board's Legal Counsel Catherine Pugh was also present. The Chairperson called the forum to order and the agenda was presented. Legal Counsel Pugh started the presentation with a quick outline of the responsibilities and procedures that the board must follow (See Attached). She highlighted some of the questions that have been posed about what the board can and cannot do. She pointed out that the primary federal law that governs these issues is the Fifth Amendment, to avoid incriminating oneself. Chapter 400 of the Civil Service is the limitation that the PCRB has no ability to discipline any police officer. Ms. Pugh went on to explain the procedure for filing a complaint with the PCRB. The PCRB gives the complaint to the Police Chief to investigate. The Chief and the City Manager are the only individuals who have the ability to compel the testimony of police officers. This power is particular to a public employee. Private employers cannot compel their employees to testify. This is why the Chief investigates the complaints. If complaints were investigated by the PCRB alone or by a private investigator, there would be no accused officer's testimony. The standard of review that the PCRB uses is one of reasonable basis that is outlined in our ordinance and is described very specifically. Since the Chief makes a decision and he has the expertise in police matters, the PCRB's review of his decision is a reasonable basis review. The only reason the PCRB cannot sustain a decision of the Chief is if it is "unsupported by substantial evidence', "unreasonable, arbitrary or capricious" or "contrary to a Police Department policy or practice, or any Federal, State or local law ", according to Section 8 -8 -7 B (2) a, b, c of the Iowa City City Code. This is the standard of review that was chosen at the time the ordinance was created. It can be changed but that's what we have to work with right now. Member Treloar and Member Jensen answered several of the questions that had been submitted by the public to the City Clerk's Office. Questions regarding Police Department procedures were directed to the Iowa City Police Department. Chair King shared the statistics. Since 1997, eighty complaints were filed with 177 allegations. Six allegations were sustained during those complaints. King explained that the recommendations to the City Council were on the web site along with all of the complaints since 1997. Chair King advised the attending group of the meetings being open to the public and held on the second Tuesday of the month. The forum was then opened to the public for questions. The Board was asked if they had gone to the City Council to have the name changed and Chair King advised that it had not been taken to the City Council. A former Board member asked that her letter to the PCRB be read into the record. Member Jensen read the letter into the record. The former member stated that most of the changes had been discussed at length and that they were ready to go to the City Council with recommendations. She said we had been looking at the procedures, bylaws, and ordinances. She felt that those issues were abandoned. Member Treloar explained that he had received information from four other citizen review boards. When comparing their laws with our laws, their laws being quite different, there were a lot of things we couldn't apply. Some had powers to discipline officers. That's not in our Charter. Treloar then asked if he could make a motion to recommend to the City Council that we change the name. Treloar motioned and Member Jensen seconded the motion to recommend to the City Council that the name be changed to Citizens Police Review Board. Motion carried 4 -0. A question from the public was presented about training to deal with active mental illness. A member from the police department, in attendance, explained training procedures and stated training was given to cover mental illness this year. The four members present were asked to give their thoughts on the structure of the board. All members responded. The consensus was that the feeling from the public about openness could not be helped since the privacy and confidentiality of the complainant did not allow us to discuss our procedures during Executive Sessions. One concern expressed was about spending too much time on officer misconduct and not enough time in dealing with the disproportionate arrest and citations rates for black youth in the community. A community member suggested the PCRB should make more recommendations to the City Council about police policies, practices and procedures. Another community member asked if the City Council had asked the Human Rights Commission to take a look at the PCRB process. Iowa City Mayor Matt Hayek, in attendance, responded that it was on their pending work session. Some members of the public spoke on the transparency of the complaint process. It was again pointed out that we are limited on the information we can share with the public about our process in keeping the identity of the individuals involved private. Treloar pointed out that our police department strives hard to keep their officers' actions transparent by wearing microphones and having videos in the patrol cars. Policy requires the officers to use both on all calls. One person questioned the process of knowing the officers involved and keeping the number of complaints filed against him. The board wants to remain blind to the identity of the officers involved so their decisions wouldn't be tainted by that knowledge. PCRB again has no authority to discipline officers. The process of where the complaint is filed was brought up. Complaint can be filed at the Police Department or the PCRB. Thought was that maybe all complaints should go to the PCRB. This again would require the current practice to be changed. PCRB currently gets the statistics from the department but does not review the internal complaints. A motion for adjournment was raised by Jensen and seconded by Treloar and voted 4 -0 to adjourn. Adjournment 8:30pm Donald King Chairperson Police Citizen Review Board Transcriptions attached per Council request. Forum agenda, minutes, transcriptions, correspondence, and handouts are all available on the City website. (www.ic og_v_org) Police Citizens Review Board May 9th, 2012 Community Forum I. History of Police Citizens Review Board (PCRB) The PCRB was created under Iowa home rule authority on July 15, 1997 to assure external accountability of the Iowa City Police Department. In response to a community referendum and following an Iowa Supreme Court decision upholding the amendment, on December 12, 2007, the PCRB was made a permanent entity by amendment to the Iowa City Charter. Additionally, the PCRB was granted the power to subpoena evidence and was required to hold one public forum per year. The PCRB is comprised of five citizens who are appointed by the City Council for four year terms. II. Laws Governing the PCRB Although Iowa home rule law allows the City of Iowa City to create a police citizens review board, the board's authority is limited by Federal and State Law. A. 5th Amendment to the U.S. Constitution No person may be compelled to testify against himself. The PCRB cannot force the testimony of any police officer accused of misconduct. B. Iowa Code Ch. 400 CIVIL SERVICE The state of Iowa has established a Civil Service Commission to oversee civil service operations in the cities of our state. Under this law, only the police chief and city manager have the power to discipline a police officer. (Iowa Code 400.19) Iowa City Code section 8 -8 -2 (E) reiterates that limitation upon the PCRB. III. Investigations of PCRB Complaints A. Investigations by Chief of Police Complaints made to the PCRB are investigated by the ICPD. The reason investigations are structured in this way is to allow the most comprehensive investigation into alleged police misconduct. The Command staff has the power to compel police officers to cooperate with all internal investigations. This right of the public employer was established in Uniformed Sanitation Men Association v. Commissioner of Sanitation of City of New York (392 US 280). This power is particular to the public employer and cannot be transferred to another entity. Under Iowa's Civil Service law, this power to compel is held only by the City Manager and the Police Chief. B. Investigations by PCRB If cases were not investigated within the Police Department, the PCRB would have no other access to the officer's side of the story. Even with subpoena power, the 5th amendment right to avoid self- incrimination prevents anyone, other than the public employer from compelling an officer's testimony. The PCRB ordinance allows the PCRB Police Citizens Review Board May 9th, 2012 Community Forum to do its own further investigation after reviewing the Police Chiefs findings. The current system allows the PCRB the benefit of information it would have no way of obtaining unless investigations were conducted internally. The PCRB is committed to making the complaint procedure more comfortable and less intimidating for complainants and is interested in ideas to promote complainant participation in the investigation. IV. Standard of Review: Reasonable Basis Standard The Iowa City Police Citizen's Board is the first and only such review board in the state of Iowa. In determining a manner for this board to review the findings of the Chief of Police, the drafters looked to the Administrative Procedure Act, Ch. 17A of the Code of Iowa. The Administrative Procedures Act requires a reviewing agency to use a reasonable basis test to review decisions made by the entity with expertise in the subject at hand. Since internal investigation by the Police Department was believed to be the most effective method of fact finding, it followed that a reasonable basis standard would apply to the Police Chiefs conclusions. The PCRB cannot substitute its own judgment in cases before it. The PCRB is required to review the Chiefs decisions with deference to his expertise and sustain those decisions unless they are "unreasonable ". V. Changing Name of PCRB The citizens of Iowa City went through a fair amount of effort to accomplish the referendum which survived a challenge to the Supreme Court of Iowa to make the Police Citizens Review Board a permanent entity in our city. The Iowa City Charter was amended to require the existence of the Police Citizens Review Board. Given that the name was specifically included in the Charter amendment in 2007, it should remain the formal name of the board with any other version of the name being designated "a.k.a ". May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Members Present: Melissa Jensen, Royceann Porter, Joseph Treloar (Vice- Chair), Donald King (Chair) Non - Participating Member: Kingsley Botchway II (new) Members Absent: None Staff Present: Catherine Pugh Call to Order/Roll Call: King: I'd like to call the quorum to order, and roll call. Royceann Porter. Porter: Here. King: Joseph Treloar. Treloar: Here. King: Melissa Jensen. Jensen: Here. King: Catherine Pugh Pugh: Here. King: Don King is here. Introduction of Board /Overview of Complaint Review Process and Purview of Board: Page 1 King: Good evening. Uh, on tonight's agenda, uh, what we'd like to do is we have a presentation from our legal counsel. After the ... her presentation, then we will have, uh ... the Board Members have questions that were sent in to us that, uh, we've reviewed and we'll answer those questions. Then we'll open it up to the public. Um, when we do open up to the public we ask that you keep your comments to five minutes or less. If there's time towards the end, you can always come up. Um, we ask that you turn pagers and cell phones off so there's not any interruptions. Are you ready, Catherine? Pugh: Yes, thank you. King: All right! Pugh: Good evening. Um, if you have had ... haven't had an opportunity, I have prepared a, uh, summary, an outline, um, concerning several of the questions that This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 2 have been raised and posed to the PCRB, and those are available on the back table. Uh, it may be a little easier to follow along on that and uh, there's a lot of information that I want to cover rather quickly. So that might be ... helpful to have that to ... to glance at. Some of the questions that have been posed, uh, to the PCRB concern, uh, what we can and cannot do. Uh, in my preparation for answering some of those questions, I had the opportunity to go through the ancient archives of the, uh, PCRB legal counsel. Um, my predecessor, uh, who is now a district court jud ... judge, Dough Russell, kept copious notes about how the PCRB came into being and ... why we do things the way we do. Some of the things that I want to share with you are, uh, the laws that govern the PCRB, and the limitations. A lot of times, uh, people have said, well, why can't you do things the way they do in another jurisdiction. Um, we have certain laws that we need to follow here in Iowa, and I wanted to outline a couple of those for you. The PCRB was created under Iowa Home Rule Law, and that basically means that a city can create entities to carry out duties if they're not otherwise accounted under a state, federal law. So in July 15 of 1997 the, uh, City Council created the PCRB. A citizen referendum, uh, in 2006 requested that the PCRB be made a permanent entity. Uh, and requested that PCRB have additional powers, including sub ... the power to subpoena evidence, uh, the responsibility to hold one public forum per year, uh, yeah, and... after a supreme court challenge to several other items that had been passed as part of that referendum. The changes to the PCRB were the ... were the only ones that were held up. So as a ro ... result of that, on December 12, 2007, uh, the PCRB was created as a permanent entity and part of the City ... Iowa City Charter. Although Home Rule allows the City of Iowa City to create a Police Citizens Review Board, the Police Citizens Review Board still has to operate under federal and state law. The primary federal law that makes our job interesting is the Fifth Amendment, and that is the right of any person ... to avoid incrimination, um, by testifying against themselves. The second is a state code, uh, which is Chapter 400 Civil Service, and this is something that has been talked about a lot, and that is the limitation that the PCRB has no ability to discipline any police officer. Uh, and that is because that privilege is specifically limited to the Police Chief and uh, in Iowa City the City Manager. The second area that has been, um, had a lot of questions... concerning... is the way in which PCRB complaints are investigated. When a PCRB complaint is made, we receive a copy of it and the Police Department receives a copy of it. Then for a period of 90 days the PCRB doesn't do much with that complaint, until they receive a report from the Chief. Now, the Chief and his staff, uh, the command staff, investigate the complaint. The Chief has the ability to compel the testimony of police officers, and he is the only one, the Police Chief and the City Manager are the only individuals who have the ability compel the testimony of police officers, and I've reiterated the case in which, um ... that right is created. It's Uniform Sanitation Men Association vs. the Commissioner of Sanitation of the City of New York. Uh, this power is particular to a public employer. It doesn't go to private employers. Private employers can't compel their employees to testify, or to ... uh, to give evidence, but the Chief can. This is why the PCRB complaints are investigated by the Chief. Unless they were, they were ... if they This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 3 were investigated by the PCRB alone or by a private investigator, there would be no access to the accused officer's testimony. And, the drafters of the ordinance felt that this would be the best way to get a... a balanced accounting of what happened. That the investigators would have access to the complainants and to the officers. Uh, something that ... with the subpoena power that the PCRB would have access to that, but again, the officers, uh, Fifth Amendment rights prevent the PCRB from compelling that testimony. The standard of review that the PCRB uses is one of reasonable basis, and ... and that is outlined in our ordinance, uh, and described rather specifically. Since the Chief makes a decision and he has expertise in... in police matters, the PCRB's review of his decisions is a reasonable basis review, and that means that the only reason that the PCRB can, uh, not sustain a decision of the Chief is if it is unreasonable. The PCRB does not get to take a brand new look at the evidence and insert their own judgment in the case. They're limited to... that... difference, given to the Chief s... Chief s decisions, and this is a common standard of review when a reviewing body is looking at a decision made by an entity with expertise in an area. This is the standard of review that was chosen at the time the ordinance was created. Uh, it can be changed, but that's what we have to work with right now. The last thing I wanted to comment on is changing the name of the PCRB, and I guess the only thing that we need to keep in mind ... I .... the board has no objection to whatever name, uh, people feel would be ... would better describe what the PCRB does, but keep in mind that the Charter specifically states that we are the Police Citizens Review Board. So in order to make a change to that, there would have to be a change to the Charter. Okay. I think I've covered my duties here. I'll be happy to answer additional questions as they come up, and hopefully the outline will clear up any, uh, ambiguity I ... I left in my presentation. King: (mumbled) Treloar: Sure. Um, one of the questions we received, um, do you think it is possible that the fact that the police chief investigates the complaint is a deterrent to people who have a complaint? That may be. I ... and may not be, but as is specified by the guidelines on which we have to operate ... we ... there's really no choice in the matter. That's the way the system is set up. Um ... do the records of the PCRB include information on the race, socioeconomic status of the person who filed the complaint? If yes, do you notice a pattern of any kind and what is it? Um, on the back table there there's the complaint forms, and ... on the very back page of the complaint form is the complainant statistical information. We ask if this ... be filled out. If they don't want to fill it out, that's fine too. But that'd be the information that we have to go off of for this (mumbled) indicate your age, color and national origin, gender identity, sexual orientation, marital status, mental disability, physical disability, and religion. Um... often times that's not filled out and I, you know, we have not compiled a study to see if there's a pattern because there's not a whole lot of information to develop a study from. Um... do the police personnel /officers get any training on cultural competency, racial profiling, and /or training on systemic racial disparity and law enforcement? If so, what This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 4 specifically does the training cover and how often do they receive update training? I contacted the Police Department on this, um ... the Iowa City Police Department subscribes to the Police Legal Sciences, uh, Inc., and it's a corporation dedicated to helping police officers and dispatchers strengthen their decision - making skills, professionalism, customer service. Um, once a year the training focuses on racial profiling. This year they've also been training month... have a training month on dealing with... immigrants and this year Iowa City PD received four hours of diversity training on a countywide, uh, in countywide sessions. The four -hour diversity training doesn't occur every year, but usually happens about every other or every third year. Um, and the Police Department also tracks all traffic stops by race, reason for stop, vehicle searches, and outcome of stop. And... and... what type of training on racial disparities and how to review complaints for racial profiling do the members of the PCRB receive? Actually, there's no formal training for us in that regards. Um ... I personally have been through cultural competency training with my other ... with my regular employment in racial profiling but as a board member ... we don't have training that we receive to be board members. We're just volunteers so ... and uh ... has the PCRB ever watched a video, listened to an audio from a police car of a specific situation related to a complaint? Why or why not? And if you have listened, who selects what you listen to and watch? Yes we do that regularly. Um, the officers have monitors on them. They have cameras in the cars. It's very common for us to request to see the tapes. When we see the tapes, the officer's specific face is blocked out because that's a safeguard to keep us from ... um ... developing a pattern on a particular officer or just to protect the identity of the officer. But um, all it takes for us to request that is just any one board member can request to listen to the tapes or see the audios, and ... we do that with regularity. I mean, we've even just to make sure we're thorough on cases that seemed pretty cut and dried right up front, um, requested to hear the audios and see the tapes, just to make sure we weren't missing something. So that's... that's a common practice of the board. Melissa (mumbled) Jensen: Okay. Um, one of the ... one of the next questions is ... one of the next questions is do you know that sometimes the Police Chief has shown or played a police recording of a situation to a complainant filer? If you are aware of this and the PCRB members sometimes see or hear a recording related to a case, do you know whether the filer and the PCRB board members actually see or hear the same footage, or different footage? Is that reported to you as part of the investigative process? Um, as Joe mentioned, um, we are aware that a complainant may sometimes view or listen to an audio recording, and that is part of typically the investigative report that we get if a complainant has viewed or has watched that. Um, and we do occasionally, um, request that information. It's provided for us to view that ... to view that information whether it's ... it's video or audio recording. Often times that information'll be stated in the police ... in the police report. That's typically where we would find that information, that, uh, someone who has filed a complaint has viewed or listened to an audio recording. That would be included in the report that we would receive. The next question, is the PCRB This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 5 provided with a complete record of the steps in each investigation? Do the investigation records let you know whether the Chief or another investigating officer has had a conversation with the filer and the content of that conversation? Yes, that again is part of the report, uh, that we receive. So, regarding conversations involved with that ... that the Chief or the investigating officers may have had with the person that filed the complaint. Next one, there is ... there is, excuse me, there's always communication between the PCRB and the Chief regarding every case. Does the PCRB always have direct face -to -face communication with every complaint filer? Why or why not? That particular face -to -face conversation with the complaint filer, um, may or may not occur. It depends in part on the review level that is set for the complaint itself. Um, and also the wishes of the complaint filer. In some cases the complaint filer chooses to not ... to not do that. Um, the complaint filer is also ... always welcome to come to the open portion of the meeting, um, if they choose to do that, as well. So, that depends on each individual case. Again, it depends on the case itself, on the wishes of the person filing the complaint. Next question, has anyone who made a complaint withdrawn it during the investigation process? Do you know the reasons given for that? Um, I can't speak for what has happened prior to my being on the board. I've been on the board about a year, but my understanding is is if someone does choose to withdraw their complaint, they're welcome to do that. That's their prerogative, and as far as reasons given, they're not required to provide a reason to us. If someone changes their mind or for whatever reason chooses to withdraw that, that is totally within that individual's prerogative. And then the last one, um, who reviewed the questions submitted by the public, and who created the answers? Uh, the PCRB board itself reviewed the questions and discussed the responses to the questions. King: One of the, uh, other questions was, uh, the number of complaints filed since the board, uh, was certified in 97. Uh, there's been 80 total complaints. Out of those complaints there was 177 allegations. Out of those 177 allegations, six of `em were sustained. Urn ... one of the questions, has the board ever made any recommendations to the City Council regarding changes to pol ... police practice, procedures, and policies? Under the complaint resolution in the annual report, uh, from 1998 to 2011, um, they're online. There's instructions back there on the yellow sheet, um, how to get online to the Police Citizens Review Board and you can review our annual reports. Uh, what is the process for citizens to make a request that the board review a police practice, procedure, or policy? Um, please describe exactly how the board would respond to such a request. Um, every month, it's the ... second Tuesday? Of the month ... um, when we have our meetings. They're open to the public. The public can come in. Uh, if there's a particular thing that they want to look at, um, let us know, um, and then we can research it and get back to, um, that person. Um ... we did just receive ... um, a letter tonight, um ... from a citizen who was once on the board. Um, some of the things that we had discussed prior was, uh, some of the procedures and changing them. Um ... they were put, um ... I don't want to say they were put on the back burner, but ... we had, uh, a lot of complaints to review and our ... forum, we This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 6 wanted to get ready, um, and we've moved those back. Um ... we, I think they're on the ... May or June's agenda. Um, the other thing was... was... how we have to change `em. One of `em was if you change one policy or procedure, that makes you change another policy or procedure, and that may have to go to the City Council to be changed. Um, one of `em was the ... was the name. Um, the City Council, um, I think there's three options that they can do, uh, for our name change. Um, they can initiate it, um, a citizen can initiate it to them, and ... they, the Council can turn it over for a, uh, vote. Is that correct? To have the public... vote on whether they want to change the name? Pugh: Two of those options would involve a public vote. The Council can change it within its own internal vote, uh, a... a citizen can, um, create a referendum, sort of like what was done, um, previously for the PCRB, and then it goes to a vote that way; or the ...the Council can request that it be ... that it be up for a vote. (several talking) May I just make one clarification? Um, in one of the previous questions about, um, face -to -face contact with complainants. Um, aside from the fact that the complainant can, you know, request an opportunity to speak to the PCRB, the PCRB ... on occasional also requests the opportunity to interview the complainant, and that decision is made after the PCRB receives the Chiefs report. Then they can determine, uh, they make a determination as to what level of review they want to apply to that report. Um, and they can ... feel that the report was sufficient on its face and that they don't need to do any additional investigation. They can request an opportunity to meet with the complainant; um, they can ... request the opportunity to meet with other witnesses; and they can, uh, request additional investigation by the Chief or the City Manager, um, subpoena witnesses, hire independent investigators. So there's a ... a whole array of things that the board can do, including requesting a meeting with the .... with the complainant. Public Discussion With Police Citizens Review Board: King: I'd like to open it to the public. Um, when you come up if you'd sign your name, um, fill in the ... I think it's your name and address on there and we'll take your questions. Dieterle: Um, I'm Caroline Dieterle and I just wanted to ask whether the, um, review board has requested the name change that the... requested the ... sent a request to the Council requesting, um, the name change, because I'm aware that, and have been aware for a long time, that the procedure would involve the Council doing it. It's not something that you can do, and it is my understanding that the Council can vote and just do it. Um, it would seem to me that it would be in their best interest to change the name and get it done, and um, rather than, uh, you know, messing around about with it anymore, simply you know make that part of your recommendation to the City Council to please change that, I mean it's... doesn't, you know, it doesn't really change anything about what you're doing. It just is making a better name that I think would be more acceptable to the public. Thank you. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 7 King: To answer that, currently we have not, um, taken that to the City Council. (several talking) Braverman: Hi, I know most of you. I'm Janie Braverman. I'm a, uh, former member of the board, and it, Don, I have a couple questions. I'm assuming that that was my letter that you referred to, but did not read? King: Yes. Braverman: Um, I would like to have you read that into the record tonight, if you would, and I'm also just a little bit concerned because, um ... one of the questions you answered ... your response was that the board's been busy because there have been a lot of complaints. You know, the process that we were going through was when I was on the board. That's been two years ago. I just wanted to make that clear, that it's been two years ago since the board was actually looking at those things. When you answered it sounded like that that was a very recent thing. So, but anyway, I would like you to read ... since you did read other people's in, because my question really was much broader than are you looking, have you looked, and what you're doing. So if you would do that, I'd appreciate that. Jensen: Um, okay, I'll go ahead and read it. It was actually, um, addressed to the City of Iowa City, um, to the person that the question were to be submitted to. Here's a question for tomorrow night's public forum. When I resigned from the PCRB in the summer of 2010, the board had been engaged in a review of its policies, standard operating procedures, bylaws, and ordinance, with the intent that the board would make one or more recommendations to the City Council for changes. One recommendation that the board had agreed on was to change the name of the board to make its purpose more clear. As I recall, the suggestion was the name be changed to Citizens Police Review Board. The board members had had preliminary discussions about various matters, including one, the name of the board; two, whether the process was intimidating or less than welcoming to the community; three, whether there were barriers to community participation; four, whether the procedure of the board reviewing the Police Chief's report was the best procedure; five, what if anything it meant that so few complaints against the police were sustained; six, whether the current policy of not keeping statistics about individual officers limited the board's ability to look at the Police Department as a whole, and whether keeping various statistics might be useful for other purposes; and seven, whether the board should be looking at the department as a whole rather than just on a complaint -by- complaint basis. When I left the board, the only remaining preparatory work to be done was the review of the citizens boards of other jurisdictions. I believe Joe ... board member Joe Treloar was tasked with that. Following that the board would have been ready to discuss what recommendations it would make to the City Council, and then make the recommendations. As I look at the subsequent agendas, it appears that the effort to review and make recommendations was abandoned. Is that correct? If so, This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 8 why? If not, what was the result of the review? Were there any recommendations ever made? Janie Braverman. Treloar: Um ... I did receive information about other police citizen review boards. One of `em I think was Portland, Oregon, and there are three or four other states. Uh... in looking at the confines under which we operate, it ... under our law, and their laws being quite different, there are a lot of things that just ... we couldn't apply. Um... other citizens review boards had powers to recommend disciplinary procedures, things like that. That's just not in our abilities, our Charter. Um, I'm trying to think of what other changes we were looking at at that time, and it escapes me, but ... yeah, it was looked into at that time. Urn ... is there any reason we can't just take a motion to... King: To what? Treloar: To ... recommend to the City Council we change the name? Can I make ... making motion (mumbled) change the name? We recommend to the City Council that they change the name of our board to the Citizens Police Review Board. (several talking) King: (several talking) seconded by Melissa. All in favor say aye. All opposed same sign. Motion carries 4 -0. We will be making a recommendation to the, um, City Council that we change the name. Actually kind of like that name better. We found the other name a little bit confusing ourselves. But, uh, it's not within our power to change, but we can certainly recommend, so we will definitely do that. Braverman: (mumbled) Let me just speak to one thing you said. I just wanted to be really clear that what I was talking about was recommendations to come from the PCRB to go to the City Council. I think Catherine did an excellent job of summarizing what the current ordinance is. But what we were doing is we were looking at the procedures. We were looking at the bylaws. We were looking at the ordinance, with an eye to looking at what we had and thinking about whether or not we wanted to say to the City Council, we don't think we have the best that we can offer the City of Iowa City. We don't think we have the best that we can offer to the Police Department or to the community. You know, I think that what you said is true, and as you know, I'm a lawyer by training. Uh, and what Catherine said is true. This is what the current ordinance is. But, what we were doing two years ago, what we were looking at is, is it the best that we can offer this community or should we be looking to our charge to report to the City Council as an opportunity to say to the City Council, the PCRB has been here this period of years. This has been our experience. These are our concerns. These are the things that we need to look at. You know, I think it's clear to everyone that the PCRB itself has no ability to change, um, its bylaws and its ordinance. So I just wanted to make that clear. Thank you and I also want to say thank you for coming to the Library. That is something we talked about quite a bit when I was on the board was the inaccessibility of the board, barriers between the community and the board, This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 9 whether or not the board needed to get out of City Hall, away from the Police Department's front doorstep, and I just want to say I'm very pleased to see that you did that. So, thank you. Davidson: My name is Barbara Davidson and I'd like to know, I don't have a formal question, but I'd like to know what ongoing training the police force receives in dealing with... community members who have active mental illness, and may present in a variety of ways to the force? Treloar: Um, in my response I received from Sergeant Steffan, it says I also attend a number of meetings concerning, uh, disparate juvenile minority contacts. These meetings have members of the school system, juvenile court system, DHS, and others concerned with this issue. This allows us to find out and respond to local issues in a more timely manner. Um ... I'm not aware of specific, uh, trainings the Police Department receives with mental illness, but that doesn't mean they don't exist. I'm just not personally aware of them. If ... there was a member of the Police Department that was aware of those that could address that, I'd sure appreciate it, but I'm not aware of...we don't get a list of all the training the police officers go through. So ... I'm not aware of that. King: But we ... we can check into it (both talking) Treloar: I know that's typically common, um, I work for the Department of Correctional Services. We go through extensive training on such things but... (unable to hear person away from mic) Treloar: If you would please! Sure. We'll wait until after her question and... fortunately we do have a member of the Police Department that's volunteered to answer that question cause he's more aware of the training that they receive than I am. Smithey: Um, my name is Mike Smithey. I am, uh, the Vice President of our union, the Police Union. To answer your question, um, we do, uh, and I don't intend to respond to all the questions tonight, but uh, I want to make ... I think it's important that the public know that we do receive regular training, uh, with regards to, uh, persons with disabilities. Um ... uh, usually at the same in- service trainings that we receive, uh, the ... the profiling training or um ... there's a wide variety of issues that we go through. We have a couple of days worth of training that, um, as a department each year, uh, some in a row; some ... we call it MATS, which is Multi - Agency Training Session, I think, where we get together with the other... with other members of other departments in the area and we, uh, I know this year we had, um ... we had people come in, uh, that provided training, um ... regarding suicidal persons and other persons with, uh, with disabilities, um, that were both apparent and un- apparent upon immediate contact and how to deal with those people and what the proper protocol was to, uh, get people help when help was what we needed to do. So, it...it...it's also contained within the, uh, police legal sciences training that we receive every month, that is usually... well, that's always This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 10 on a single topic or maybe two topics that we go through, um, it's a computer training that each individual officer has to take and then, uh ... uh, there's a test at the end that we have to pass or we have to take it again. Um, so ... that topic may be, uh, mental illness on one month and it may be racial profiling in another month, um ... I think one of the board members mentioned it was ... it had to do with immigration status this month, uh, and immigrants and how to ... uh, how to deal with, uh, immigration issues that come up during the job. So, uh, the ... the variety of training is ... is quite vast. Um, but we do receive training, um, sometimes four hours at a time; sometimes two hours at a time; sometimes from an outside, um, organization, uh, social workers at the University of Iowa Hospitals may come in and assist in the training, as they did this year during MATS. So, there's quite a bit that ... that goes on. Uh, I think probably most of all the training we ... we receive is certainly limited by the amount of time that we, uh, are given each year for training, but uh, there ... there are certain things that are required every year or every other year, such as CPR and so on, that are simply required by law to keep us up to date on certain things, um, and then there's other training, and I'm not sure which one that falls into, but, um, we do receive training on it. (several talking) Carrie Norton: Um, I understand that if you're not pleased with your name that you can discuss it among yourselves and then ask the City Council, and similarly, if you're not pleased or satisfied with your structure, what you can do, what you can't do. You could as a group go to the City Council and say, you know, we've been doing this for a while and ... and we're finding that this structure isn't working for us. And I ... and I'm sensing that that was the nature of... of your letter, Janie. Braverman: Yes. Norton: So, what would be helpful for me is to maybe hear each of you speak to that issue. Are you frustrated with the structure? Do you think the structure is ... is serving the purpose that the ... the review board was established for? Is it working? And I guess it would be interesting to hear from each of you, and ... and I'm ... I'm sorry, I came a little late so I don't know. Are you a member of the board or... Pugh: I'm not a member of the board. I'm counsel to the board. Norton: So they can ask you questions when they review? Okay. And this is the complete board? There are four of you. King: There's five. Norton: There's five. Okay. King: (mumbled) Um, he was just appointed at the last City Council meeting, um, and he (mumbled) (several talking and laughing) This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 11 Norton: So ... so my question is, are you frustrated with the structure, or is the structure working for you as a board, and/or do you wish it could be changed and... and if so, how? Treloar: There are very frustrating things about the structure, um ... I don't know if I would change them or not. A lot of our investigations have high levels of confidentiality and there are times that we all wish that we could discuss in more detail what we, um, looked into, what we thought when we conducted our investigations and make the public more aware of that, but we can't. And so (laughter) sometimes that's frustrating! And uh ... um ... at first when I was a member of the board, I thought, gee this board has very limited power. But, I've come to realize even though our power is limited, um, we the citizens of Iowa City have more power than anybody else in the entire state of Iowa with their police department... cause we're the only ones that have such a board, and part of our power is having the annual public forum. I've come to believe that's probably why they mandated we have an annual forum in the original Charter. It gives the citizens a chance to come on ... to the forum; it's televised; this'll probably be repeated numerous times over the public access television; and it gives the citizens a ... citizens a voice. Um ... I think as Iowans, we're all aware of how powerful just small voices can be. I mean, think about our voices at the national caucuses. Now, as a voting bloc, we don't have that much of a block, but with our status (mumbled) we have a huge impact on the nation, and that's just from... exercising our voice! This gives, um, the citizens of Iowa City similar power. If they're displeased with the Police Department, it's a quick and easy way to make Council know about it. And, although that's not the part of the discipline, and it's limited... that's still a lot of power! And I think City of Iowa City citizens have used that well! I've been very happy to see them participate to the level they do at our forums, and our meetings. I hope that answers your question! King: Um, yeah the name change, um, I think that's a big thing. Um ... and it wouldn't even necessarily have to be citizens. It could be community, um, to make it more community friendly. I ... I think ... not so much that the procedures and stuff have to change, um, some of the perception of the public on what we can and can't do, um, might be ... I don't know, more of a problem or more of a ... cloud on it than actually changing the policies and procedures. Um, so... if... if you change the name and we ... and you change one thing and it has to change a whole bunch, um, then maybe we have to look at all that, but um ... I think the way that it was set up, um, is working, um ... like I said, I think a lot of the problems could be the perception of what we can and can't do, and why we can't do that, um ... when we do have our ... our meetings and we go into executive session, that's more for the privacy of the individuals involved in it than it is to be secretive about it. Um... I don't think anybody here that made a complaint would want their name out, um, for everybody to see if they're making complaints. Um ... I think that the ... the police department that we have here is a very good police department. Um, I don't think that there's, um ... any problems with the administration of the Police Department. Um, again, it might be some people's perception because the ... the This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 12 Chief has an investigation, or an investigator, do the investigation that is slanted towards the police. Um, I've been on the board ... uh, probably close to five years, and ... when you see the reports and you see what goes on, and then you listen to the audio, it... it falls right in line. Um, and I think maybe because it's so secretive that the public may get the perception that there's something going on when there really isn't. Um ... I think Chief Hargadine, um, Chief Hargadine in all his dealings with the public is very fair with `em. Um, when we've asked, um, complainants, um, they either refuse to talk to us, um, sometimes when they're doing it, it's in the heat of the moment. They're, I don't want to say they're all drunk, but ... alcohol has a big factor to it. Um, the college kids, um, they complain that they got hurt by the police, uh, excessive use of force. Um, and then when you talk to `em, they barely remember the (coughing, unable to hear). Um ... there are other cases that, um, like I said, we've looked at it and ... and I think that the Chief does a fair job. Uh, so I don't know of anything that I would change right off. Jensen: Yeah, I've been on the board ... a year. I think I came on last year, um, to fulfill a term of someone who has resigned and I'm not sure who that ... who that individual was. Um... so I don't have some of the history that I think some of the other board members have. Um, one of the things that ... one of my ... my objectives in being here and, um, asking to be on the board was that ... it was a way for me, I felt like to give back to the community, and to get involved. So that was important to me to do that. And, I ... it's been a learning process. Um, but one of the things that has really stood out to me is that how ... um, important the City and the members of this board take each and every item that comes before them. And how I think the board ... takes a really, um, strong look at trying to be objective, trying to be fair, looking at all the facts, considering all the information that they have, and I would agree with Joe. I think the frustrating thing if I had a frustration is that ... there are times that if we were able to share more information, then we could share about a particular situation, that would perhaps explain some of the misconceptions that some individuals may have. But on the other hand, um, that is totally to respect the confidentiality of the people involved, and the circumstances. So I think that's very important to maintain that confidentiality. But as far as the board itself, um, I think it's a tremendous board. And I think the board takes each and every, um, situation seriously. And, situation that we address, um, the board does everything it can to be very thorough. Um, as far as things like the name change, I don't think any of us have any objection to things like that, or to looking at other issues, and those things that we can do that are within our power. So, I ... I would agree, I mean, that would be my one frustration is the same that Joe has ... has talked about, and that's just ... that's part ... that's part of doing what we do is we need to maintain that confidentiality and um, that's very, very important. If it was me in that position, I would want that for myself, um, and I think it's important to maintain that for the individuals involves in potentially filing those complaints. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 13 Porter: Me personally I'm very frustrated at, um ... the way that this board is set up, cause personally I feel like we can't do anything. Personally, I'm going to tell the truth, um, I personally filed a complaint myself. Um, I had a situation; I don't want to go into it cause I'm trying to put it behind me. Um, I decided to stay on this board because I want to make a difference so that others, if they ever fall into the shoes or had to walk through my shoes of what I went through and filed a complaint, I wouldn't want anyone to feel the way that I felt, but the way that it's governed, um, yes, in 1997 rules were made because of something this board came together, because of something that happened, and me personally, I saw shuttin' up the community they came up with this board. So, this board, uh, was put together so that ... um ... it can look at some policies and procedures of the Police Department... which is good. I have no objections to them. I've been on this board. Um, we've had many cases and out of 177 cases, six sustained. Um, I just think that it really needs to be looked into because to me personally it's like the fox watching the hen. Honestly, name change or no name change it's not about the name change. There's more need to be done than just the name change. Um, when I came on this board, Janie, you had this paper. Everything you stated in here. These were the things we were working on, back then. These were the things we talked about and it was about community. It wasn't about just one or two people. It's not about me. It's about just doing the right thing, and ... when we met last week, we talked about what is it that we as a board can do and personally, we can't do nothing! Personally, we can send, give a recommendation to the City Council, but nobody up here has any recommendations to give because they're okay with what's going on. So, to me, this is what it is and it's not about a name change. You know, I have no problems with ... I'm trying to move on. I have no problems with the Iowa City Police. I ... I try to speak to `em when I see `em ... everybody on the Police didn't do anything to me. I had some issues with several of the police. Some things happened to me. So, therefore, that should have been looked at. That's all I wanted. Not the whole police force because I love what the Iowa City Police is doing here, as far as drugs in our community, far as the safety. They are doing things that I'm pleased with. I live here because I choose to live here because I feel it's safe for me and my family ... than from where I come from. So when we're talking about what is it and frustrations, yes. The policy and procedures of the Police need to be looked into. That's my personal opinion. Not just the name change. It's more than a name change. But, we need to just make sure that the community, we as a community, feel safe as a whole. So ... that's my concerns. When you file a complaint, in that complaint you get a call, which I did too, from ... you get a call from somebody in the Police Department who wants you to come in and talk to `em. Personally, a lot of people feel like if I'm filing a complaint with the Police, why do I have to go talk to the Police? So therefore... um, my question was why couldn't there be an outside agency to handle this? Why couldn't somebody else handle this? But then an officer explained to me last week that he is the president of the union and he recommends that no police officer do a mediation, because he let me know that the person that comes in for a mediation cannot discipline a police officer if he This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 14 needs to be disciplined, you know, and follow the procedures that they have to go through. So, that's my concerns. Eastham: (mumbled) My name is Charlie Eastham, um ... and I actually sent one of the letters to the board about, uh, making recommendations about police procedures and practices, not the board's composition and duties and, uh, structure. But police procedures and practices. Uh, I just want to say that it...it seems very apparent to me that, um, moving policing in any direction from where it is right now is not something that can be done by continuing to spend effort looking into officer misconduct. It's a very good idea for a citizens' board to be able to review officer misconduct. I think that's a fine idea. But I think the ... the community that I'm in contact with is looking for this board to do things other than looking at officer misconduct. Um, if you take a look at the disproportionate, uh ... uh, arrest and citation rates for black youth in the community, which are much, much higher than (mumbled) should be. None of those rates can actually change if we continue to use all of our effort looking at individual officer misconduct. To change something like that, we have to look at police practices, you know, in a much more, um, generally as well as, uh, specifically, and not ... not at the (mumbled) officer level, but at, uh, the way the police department is going about, uh, providing policing services for the community. So I hope the board will in the future will, uh, realize that it has two major sets of powers. One is investiga... investigating officer misconduct, but the other is the general power to actually make recommendations to the police, uh, I mean to the Council about police policies, practices, and procedures, and ... and use more time to, uh, to do the latter, and I think that's in part what I understand, uh, Janie was trying ... was getting at in her letter. King: Thank you. Anyone else? Dieterle: Well I heartily agree with, um, Charlie Eastham and his remarks because um ... you know, within the scope of the Police Department there... there's just so much they can do with the number of officers they have and the amount of time that they have. That has to be decided I ... presumably by the Chief, you know, where the emphasis is going to be placed. Um, and you know, in the ... in the years that I've been watching this and I was one of the people who helped pass the petition to get the ... the whole, uh, thing onto the, uh, onto the ... ballot, um, and was one of the people who pressed for the, uh, police review board in 1997 because of the Eric Shaw disaster. And, um, it... it seems to me that all of the people that I've talked to, pretty much, have been much more interested in the police having their resources placed, um, on... on victimed- crime. Crimes that have a victim. People who have actually robbed, beaten, assaulted, um, in some way or another, uh, victimized by somebody. And I've had people complain that they've had, you know, what they suspected was burglaries and... and things going on, where they called the police but the amount of time it took for someone to get there was insufficient, that... it was less than useful, and I, you know, I appreciate that you can't just direct them away from what they ... what they're This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 15 doing, but you... it would seem to me that the whole business about their discretionary power and how to prioritize, you know, what is the most important thing to be done is something that could be looked into. Um, you know, of course we have traffic laws and we have laws against drinking and all those kinds of things, and you know, you can't just ignore those things, but you also don't need to make that the priority when there are people who are actually being assaulted, beaten, chased, you know, stalked, and ... and whatever. Thanks. King: Anyone else? Um, our next meeting.... Tucker: Hi ... Annie ... Annie Tucker. Um ... sorry, writing my address. I appreciate that ... that you're required to have this review and that you're open to all the questions and that you're here doing it. And I appreciate you giving the background, and I appreciate you ... urn ... in this room considering what you would like changed, and I really urge you to go back to the point where you were when Janie was on the board. And, look beyond the constraints that you see, or like just step way back from it and look at what would be a good process. I believe ... I believe, Matt, did you ask the Human Rights Commission to take a look at the PCRB process? Where is that? Hayek: It's ... it's, well, I can't talk because the Councils here but it's on our pending work session, uh, so we're going ... we're going ... we scheduled it for after, uh, this forum. So, we're going to have a conversation. Tucker: And ... and did the, can I just ask a procedural thing? Did the ... did the ... maybe I can ask Orville ... did the Human Rights Commission approach the Council about the PCRB process? Townsend: I think we made a recommendation (mumbled) Tucker: Okay. (male): (mumbled) Tucker: Okay. So I just wanted to (several talking) Orville Townsend: I just shared that the Human Rights Commission, uh, requested that the, uh, City Council make it an agenda item and uh, you know, take a look at it. We expressed some concerns. Tucker: Okay. And I guess I just want to raise, or I want to reiterate support for Charlie Eastham's encouragement to look at not just individual officer's behaviors but ... but practices and policies and procedures. That makes all the sense in the world. I'm also concerned about one thing that I've heard from someone is that the officers are... it's a 24/7 crew, and how often can you get... any percentage of officers focused or able to attend any given topic. I ... I just, that's a question. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 16 That's a question. Um, I also just want to, um, say if...if we had a business... and we had an accountant that was doing our books, and a ... we had a question about how the accountant was doing the books. Would we go to that accountant's co- worker to ask them to double check it? I don't think we would. I think we want a process that is above suspicion or doubt. As ... as we back up and look at what could that look at, I want something ... I encourage us to find a process that is above suspicion or doubt of people saying, ooh, is there a conflict of interest here? Ooh, is there a, you know ... and the, um, the part of the process where someone who makes a complaint has to come in to the Police department and speak to an officer seems intimidating to me, but it's inherent because the police department is doing the ... the investigation. So given the structure, it's an inherent part of it, but I think it could be a deterrent or a real ... it could be intimidating. Separate from the people involved. Just structurally intimidating. And then I guess, I guess I want to go to ... I think Mr. King, I think you were the one who said, or one of the people who said the secrecy piece creates suspicion. You know, so it's like, it's too bad you have things that you would want to say, but nobody can hear them because your part of the process is confidential, at least. King: Correct. Yes. Tucker: So, I just wonder, are there times when different... different people or entities benefit from that confidentiality. What if someone who made a complaint is fine about the world knowing it? You know? I just ... I just think that's something to consider. That there may be people who make a complaint... that are fine with anyone knowing. They would want people to know. That's a possibility. That as you're looking at the process I'd want you to look at. So ... that's all. Thank you. Thank you for this opportunity, and thanks for a really rigorous look at the process. And thanks to the Human Rights Commission for raising the concern. Finnerty: Good evening. My name is Diane Finnerty and I'm with the, uh, Iowa City Human Rights Commission and I apologize for coming in late. We just had a wonderful event at the Englert. Um, giving Human Rights Awards to youth in our community doing great stuff. So ... um, got here when we could, but several of us commissioners just showed up after ... about 60 awards. It was really great. Um, so I just want to offer also, um, my own individual support too for just looking at the model. Um, part of our conversation at the commission was, um, hearing concerns in the community, both ones that were given to us directly as a commission, as well as anecdotal ones as we work on issues of immigration, of people feeling, uh, whether they can or can't come forth, even to file concerns, um, to the Police Department, but then also concerns about treatment and the... it's not a look at whether the Police Department is doing their job well. It's whether there is transparency in our community for citizens, for residents, to be able to believe there's a transparent process. I ... I think the current model really doesn't benefit anyone. Um, we'd want a model that supports the Police Department in doing their incredibly important work in the community, at the same time engenders trust in the ... the actual community members that there's This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 17 response and that there's ... it's not an insular, circular investigation process that's going on. So, um, our recommendation for looking at the model is to look at both the strengths, but also the challenges, um, and our understanding and our commitment particularly as the commission is to ... as we continue to diversify in our community that we call feel like we have access to our, um, city government at all realms, um, and uh, our concerns this past year has been particularly on issues of immigration, on issues of racial profiling in terms of some of the national issues, as well as local ones, and um, we ... we just believe that a look -see at this current process would benefit us all, um, so I ... I thank you for your service to the community, and uh, we look forward to working as partners in the future as we go forward. King: Thank you. Treloar: Um, there seems to be quite a bit of concern about transparency and I understand that, and um, I appreciate that actually. One thing I would like to point out though is, I ... this is Iowa City. We expect a lot from our police, and that's good. We should also look at what we get from our police in response to our expectations. Um, as far as transparency, our officers do have microphones on them when they get out at calls. They're required to turn them on. Um ... I think I can say this because it's not a particular case. There was one instance where one of the officers did not have his microphone turned on. The Chief's response was that he received training with the Chief on the importance of that. Now, I've been in law enforcement since 1975. I've been a police chief. I've been a police officer. When you read something like that you know that that was not a good day for that officer (laughter). That the training ... was not a good day for that officer. The Chief obviously took keeping that microphone turned on extremely seriously. They have the cameras in the cars. Our Police Department is nationally accredited. There are very few police departments in the nation that achieve national accreditation status. What that involves is having a ... an enormous, um, amount of policies that are scrutinized by a national review board on all the practices of the police department, and they come in and they go over those, about every three years. It's lengthy. It's expensive! It's thorough, but that is one of the steps that our city has seen fit to do to make sure that we have a top -flight police department, and that things are transparent and above - board. The microphones, the cameras, most police departments in the state do not have those. They're going above and beyond what is expected throughout the rest of the state to be transparent. Another thing that our Police Department in conjunction with the Sheriff s Department and the University Police Department, um, and the Coralville Police Department does is they annually have a police... a citizen's police academy. I was fortunate enough to attend that last year. Like I said, I've been in law enforcement since 75. Things change a lot, and in that 12- week session I learned a lot of new things, and ... there are a lot of things that the police do that I'm going to use the words "don't make common sense," because common sense implies that understanding that we all have about something. Well, some of the things in the police world, we don't have a common This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 18 understanding about how that all works. There are very many legal ramifications to why they do what they do, and... often times I've caught myself doing that too. I thought, well, why do they do that, that doesn't make sense? But then when I researched further and found the details of what was actually involved, then it made sense. It wasn't common sense because your common person doesn't know all the details involved, but it does make sense. Um, so I'll just ... the reason we have these ... we also have a new crime prevention officer in the last few years. That's another effort on the Police Department's part to be proactive. It's extremely important for law enforcement to be proactive, and by proactive that means getting citizens involved, citizens' trust, citizen participation. If we had to depend on the officers to do all the crime fighting for us, we'd really be behind the ball. The officers depend on the citizens to call them to report things, to let `em know what's going on, and that involves developing good public relations. That again is another reason why they developed the Police Citizens Review Board is to help foster those public relations. These things all again happened because you the citizens expect a lot of your police department. And, they're not perfect, and we're not perfect, but ... you're doing a lot of good things and don't ... don't soft -sell that. There's a lot of good going on here in Iowa City and law enforcement. So ... thank you for your input (mumbled). (male): (mumbled) (several talking) Yes. Hanson: My name is Peter Hanson. I'm a resident of, uh, Iowa City since 1999. I know a few years ago if one individual repeatedly filed complaints, say ten complaints over a period of three years, on the tenth complaint you knew this individual was kind of a repeat complainer and it's difficult for that knowledge not to color your treatment of that person's complaint. On the other hand, at least a few years ago, if many complaints were made against the same officer, the way the system worked you did ... the Police Citizens Review Board, did not know that repeated complaints of the same nature had been made against the same officer. Is that still the case in your operation or has that been changed? King: Do we know the identity? No we do not. Treloar: We don't know the identity of the officers (mumbled) of the complaint. Hanson: But you do know the identity of the complainant? Treloar: Yes. Hanson: Is that fair? Treloar: Well ... since I've been on the board, I ... I don't know of any case where we've had a repeat complaint from, uh, a citizen. But um, in fairness to the officer... This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 19 Hanson: See, if there's a pattern, I mean, if one officer has ten similar complaints filed against him or her over a period of five years, I would think that would put up a red flag. King: Well that would ... that would be to the Chief, because we couldn't do anything ... we don't have ... we can't discipline him. We can't discipline that officer, even if we knew that officer had ten. That would be up to the Chief. Hanson: No, I'm not talking about discipline but just the, uh ... I would think it would have an effect on how you viewed the complaint. King: (mumbled) Pugh: And I think that's the very effect that they're trying to avoid, um... since the officer's the one being accused of the wrongdoing, they ... PCRB wants to remain blind to the identity of that officer so there wouldn't... their judgment wouldn't be tainted by that knowledge. If it was (mumbled) the same person doing the same thing again. Hanson: But that same blindness isn't necessary with respect to the complainant? Pugh: Well, the complainant's not the one being accused of anything. So I ... I guess (both talking) Hanson: Well, in a sense ... in a sense often they are, uh ... if they're very young maybe or if they're from a particular ethnic group and so forth ... uh ... I would ... I would suggest that ... that can color, uh, a normal human being's opinion (mumbled). But, there's no change in that practice (mumbled) Treloar: No. I mean ... I'm sure an officer that receives a complaint comes to the attention of the Chief (mumbled). And that's the one who has the (mumbled) and looking at the situation and ... with ultimate responsibility for the department. I'm confident the Chief takes those complaints seriously. Hanson: Yeah, but see I would think that for the same reason that the Chief would ... you know, his ears would perk up that yours would also if you knew it. But you're not ... you don't have that information available, see and ... so... Townsend: Good evening, my name is Orville Townsend. A couple questions. If there are ten complaints made ... who decides, I mean, whether or not they come to you? (mumbled) to the board. King: Who decides what comes to us? Townsend: Yeah, I mean, you know, do you get all ... get to see all that information or what's the process? If there are ten complaints made, you may end up ... do you get all This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 20 ten of `em or do you get five of `em? Who decides, you know, what you guys get to deal with? King: (mumbled) ...if there's like, um, a complaint and there's like ten allegations in that complaint, or ten different people complaining? Jensen: Do I ... do I understand your question correctly, is how do ... how does a ... complaint come to the Police Citizens Review Board itself? Townsend: Right, you're the review board so I guess what I'm trying to find out is, who decides what you get to review? Treloar: When the citizens file a complaint with us, we review it. Townsend: Okay. King: It goes to the Chief and then (several talking) Townsend: Okay. Why does it have to go to the Chief? It looks like it would come to the review board. King: The Chief ...the Chief is the one that does the reviews. Townsend: Okay. King: The Chief does the reviews. Pugh: Although the board does receive a copy of the complaint. King: Right (several talking) Townsend: Okay. But doesn't that seem, um, you know, perception is 90 ... perception is just as damaging as reality, and doesn't it seem that, you know, people would be a little suspicious, especially if they don't get ... if they feel they don't get a positive result, that they feel a little suspicious with the Police Department being... determining what you guys get to deal with? Smithey: I don't think you guys are understanding the question. (unable to hear; away from mic) Jensen: Yeah. Yeah, I... Smithey: The complainant decides if they get the complaint. Nobody else. It's entirely based on where the complainant files the complaint. Do they file it with the Police Department, in which case only the Police Department does the internal. If they file with the PCRB, in which case the PCRB gets the complaint but the This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 21 Police Department still does the internal investigation. (unable to hear; away from mic) Townsend: Okay. Pugh: There are complaint filed with the Police Department that the PCRB may never see. (unable to hear; away from mic) (several talking) Jensen: Because the person filing the complaint doesn't file it with the PCRB. They ... it goes straight to the Police Department. Townsend: Okay. So in order to improve perception, it would probably be better if the Police Department, even if...when it's filed with you, it would probably be better if the Police Department weren't involved in it then. King: Well, again, it goes back to if we have our own investigator, the police officer's not compelled to ... to talk to us at all. Townsend: Okay. King: To get that side of the story. Then you go ... take it from the police aspect to the citizen's aspect. You're only going to hear one side, no matter how you do it. So the ... the Police Chief can compel his officers to, uh ... uh, to testify to ... to complete, uh, with the investigation, or as if it was our investigator to talk to the police, the police don't have to talk to us. That's why the ... that's why it's to the Police Department. Townsend: So ... what power do you have? King: Well, we have the power to ... to, uh, send it back to the Chief if we feel it wasn't, um, investigated thoroughly or properly. Urn ... we can do our own investigation, um, as to ... interviewing the complainant. We can subpoena the complainant to come in, um ... so we can ... we're limited to what we can do, but we ... there's things that we can do if...it'll have to go back to the Chief. Would have to go back to the Chief. Townsend: Okay. Treloar: And another example of a complaint that might go to the Police Department, might not come to us. Say I have a patrol car parked in front of my house. It's there several days that week. And I'm worried ... why is he watching me or something like that. So I go to the Chief, and the Chief explains we've had numerous complaints about people speeding in that neighborhood and we're stepping up the radar traffic enforcement there. That's why he's there. Well, that might be all I need. Oh, okay! So ... that wouldn't necessarily go on farther. That's why a lot of complaints get resolved by the police department, is they're This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 22 able to explain what they're doing and why they're doing it to ... to the complainant's satisfaction. Townsend: Okay. Thank you. Dieterle: I have a quick questions that's kind of a follow up to ... to his. Um, there was some discussion about changing the, uh, complaint form. So that it would say on the bottom, you know, that you can also file a complaint directly with the Police Review Board, as well as filing it with the Police. And, I wondered whether that might be a procedure that you might want to talk about having changed. Maybe via the Council, that all complaints go both to you and to the Police, so that there isn't anything that is ... that you're left out of essentially. And the other thing is is that some of the times that I've attended the board meetings, uh, there's been quite a long discussion about, um, identification of ..of the, uh, officer and the whole question, because you don't get a name. You get a number or ... or a letter or something. Um, and this is to preserve confidentiality for the police. But, um, it seems to me that, you know, if you're going to keep some statistics it would be a good idea to do that, so that if you had a statistic showing up that the same number, you know, turned up over and over again, technically the person may not have done anything, uh, that would cause the complaint to be sustained, but it would be a case where you could say, well, uh, in the case of five or six complaints involving the same numbered, um, officer, maybe we should ask the Chief to ... to, whether he's talked to this person, to do anything about this, to modify his behavior somehow cause maybe he's provoking some of the problems that he's involved in. Um, even though technically he's within the law. So, I ... it just seems to me that part of this transparency is having all of the complaints go to both board members, and that you keep some sort of statistics... about what you're doing too. Pugh: And I would make the comment that the board does receive a summary of all complaints internal or PCRB, although we don't review the internal complaints. We do receive like a summary of what those complaints were. Yeah. King: And the City Council does too. Pugh: Uh -huh. King: Anyone else? Motion for adjournment. Adiournment• (male): (several talking) Hansen: A couple years ago, uh, I attended one of these meetings and the question came up about your annual report and uh ... we were told that, well, you just go to the web site and ... you know, you can download our annual report that we make to This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 23 the, uh, City Council each year. Well I, you know, I've got, I don't know, 60 years of computer experience and I spent about an hour trying to find it! And ... and I couldn't, and I haven't visited your web site, uh, recently, but I'm wondering have you, uh... King: The yellow sheet tells you how to get there, cause (both talking) all the complaints, or all the annual reports are on the ... on the computer. Hansen: They're more access ... but it's ... and they're more accessible (both talking) King: Yeah, you can .... you can read each one of `em and they have a section, um... Hansen: Cause you gotta find it before you can read it! I mean, they're easy to find... King: Yeah, yeah, they're easy to find. Hansen: Cause I remember ... I ended up calling the City Clerk's office and someone kind of stepped me through it and it took her a long time to ... to find it. King: Yeah! I think if you went to the City web site and go to A to Z, and go to P for the Police Citizens Review Board; click on that and it lists in ... in red all our annual reports. Hansen: Right on that... King: Right on that page. Hansen: That wasn't the case a few years ago. King: There's three pages of it, um, I know they're on there now because I just reviewed it in the last few days. Thank you! King: Uh, again, our next public meeting is June 12th at, uh, City Hall in the small conference room they have there in the lobby, urn ... (several talking) (female): What time? Jensen: 5:30 (several responding) King: Motion for adjournment? Jensen: Motion to adjourn. King: Motion by Melissa. Treloar: Second. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 24 King: Second by Joe. All in favor say aye. All opposed same sign. Motion carries 4 -0. Thank you very much. (several talking) This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. � IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED 2 MONDAY, JUNE 25,2012--5:30 P.M. PUBLIC LIBRARY MEETING ROOM E MEMBERS PRESENT: Laura Bergus, Alexa Homewood, Matt Butler, Hans Hoerschelman, Nicholas Kilburg MEMBERS ABSENT: STAFF PRESENT: Mike Brau, Ty Coleman, Joel Bouwers OTHERS PRESENT: Josh Goding, Kara Logsden, Kevin Hoyland, Michael McBride, Bond Drager, Emily Light RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Butler asked when the last time someone from Mediacom attended a Commission meeting. Hoerschelman said he believed it was last February. Hoerschelman requested that the City make a formal request of Mediacom to participate by teleconference or video conference if a representative could not be physically present. Bergus said she wants to make sure that requests to Mediacom for information get followed up as they can become overlooked given the infrequent occasions when Mediacom has a representative present. Hoerschelman requested that a list be generated and included in the meeting packet. Coleman said a resolution to extend the PATV contract for two months has been forwarded to the City Council. APPROVAL OF MINUTES Hoerschelman moved and Kilburg seconded a motion to approve the May 21, 2012 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS Logsden thanked the Commission for approving the library's funding request to create a small studio and has been put to good use. CONSUMER ISSUES Kilburg said that a friend recently informed him of their experience with Mediacom. This person was planning to move to Iowa City and called Mediacom in early May to wire his condo. The condo was not wired when he arrived and he was informed that they had indeed received his request, they had not done it, and could not inform him when it would be done. Hoerschelman said that if Mediacom had a representative present the Commission could ask them how long it typically takes between a service request and the time it is completed. MEDIACOM REPORT No representative was present. Butler asked when the last time someone from Mediacom attended a Commission meeting. Hoerschelman said he believed it was last February. Hoerschelman requested that the City make a formal request of Mediacom to participate by teleconference or video conference if a representative could not be physically present. Homewood said she joined the Commission a year ago last March and Mediacom has had a representative present twice. Bergus said she wants to make sure that requests to Mediacom for information get followed up on as they can get overlooked given the infrequent occasions when Mediacom has a representative present. Hoerschelman requested that a list of requests for information or action items be generated and included in the meeting packet. LOCAL ACCESS CHANNELS REPORTS Hoerschelman noted that there were written reports in the meeting packet and distributed at the meeting. McBride reported that the University of Iowa transmission operations will be moved to new facilities in the Old Capital Building. Studio space will remain in Linquist. UITV has hired a new staff person which should facilitate improvements. Hoerschelman as asked if there has been any progress regarding the school district's efforts to get more programming. Hoyland said the Tate High School graduation was recorded and cablecast. A number of programs from City High are being shown. Hoyland has had some discussions with administrators about processes to have content forwarded to him for the channel. CABLE TV ADMINISTRATOR REPORT Coleman said he did not receive anything from Hardy. PATV CONTRACT Coleman said a resolution to extend the PATV contract for two months has been forwarded to the City Council. BROADBANDSURVEY Hoerschelman said the broadband survey is still in progress and needs a couple minor adjustments. Commissioners can register on the survey website, iowacitytelecom.com, and register to view the survey. ADJOUNMENT Bergus moved and Homewood seconded a motion to adjourn. The motion was approved unanimously. The meeting was adjourned at 5:54. Respectfully submitted, 1�5 � Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O /C) = Absent /Called (Excused) Hoerschelm an Bergus Homewood 5/28/11 X X X X Homewood x 6/27/11 x o/c x x X 8/27/11 x x x o/c X 9/24/11 X X X X X 10/24/11 X X X X X 11/26/11 X X vacant X X Kilburg 2/25/12 X X x x X Butler 3/26/12 o/c x o x X 4/23/12 X X X X X 5/21/12 X X X X X 6/25/12 X X X X X 7/23/12 x X X X x (X) = Present (0) = Absent (O /C) = Absent /Called (Excused) 2b �s) PLANNING AND ZONING COMMISSION APPROVED JUNE 21, 2012 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, MEMBERS ABSENT: Tim Weitzel STAFF PRESENT: Robert Miklo, Sarah Holecek OTHERS PRESENT: Mark Seabold, Steve Roe, Tim Starna, Ellen Sweet, Dave Clark, Kevin Lehman, Glenn Siders, Dell Richard, Robert Wilson, Linda Campion, Sam Ojeda, Lola Palmer, Tim Orion, Josh Chapman, Tim Kasper, Michael Chan, Brian Herren, Bob Domsic, Alex Hachfoon, Richard Arthur, Stephanie Chapman, Tom Carroll RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 4 -1 (Swygard opposed, Eastham recused) to recommend approval of an application submitted by Christian Retirement Services, Inc. for CPA12- 00002, a Comprehensive Plan Amendment to change the land -use designation from single - family /duplex residential to medium -to- high - density multi - family. The Commission voted 4 -1 (Swygard opposed, Eastham recused) to recommend approval of REZ12- 00010, a rezoning of approximately 2.7 acres from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone to allow the construction of 69 apartments and two duplexes for elder residents as shown on the Planned Development Overlay Plan with the condition that the applicant submit a landscaping plan to the City's Planning and Community Development Department for their review and approval to ensure that the northwest corner is screened from the other buildings to the north. The Commission voted 4 -1 (Swygard opposed, Eastham recused) to recommend approval of VAC12- 00004, a vacation of Spring Street subject to the retention of an access, sanitary sewer and storm water easements. The Commission voted 6-0 to recommend approval of the recommended adjustments to the front setback averaging provisions in the Zoning Code as contained in the staff memo of June 15th, 2012. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Planning and Zoning Commission June 21, 2012 - Formal Page 2 of 19 COMPREHENSIVE PLAN AND REZONING ITEM CPA12- 00002 /REZ12- 00010NAC12- 00004: An application submitted by Christian Retirement Services, Inc. for a Comprehensive Plan Amendment and a rezoning from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone for approximately 2.7 acres of property located at Benton & George Streets and an application for a vacation of the public right -of -way of Spring Street. Eastham stated that he is a member of a board of an organization that owns one of the properties within the requested rezoning area and will not be participating. Miklo said the subject area is currently zoned Medium Density Single Family (RS -8) and developed with single family and duplex homes. He explained how the proposal before the Commission has three components: to change the current Comprehensive Plan Land Use designation showing this area as appropriate for single - family /duplex to show it as appropriate for medium -to- high- density multi - family; the second part of the application would rezone the properties from Medium Density Single Family to Medium Density Multifamily; and that would include a Planned Development Overlay which has a specific development plan for the property and through that plan there are three waivers of underlying zoning requirements that are requested to be modified as part of the plan; the final aspect would be the vacation of Spring Street as a public street that would be sold to Oaknoll and become part of the complex and would be used as a private drive to provide access to two duplexes and a parking garage for the complex. Miklo displayed photographs showing the property in relationship to the current Oaknoll development and the surrounding neighborhoods, including the structures that would be removed as part of the proposed development and the two single family homes and duplex that would remain intact and be part of the proposed development. He showed a site plan indicating the footprint of the proposed building and parking structure as well as the existing Oaknoll development. Miklo said there is quite a bit of discussion in the Southwest District plan about this specific neighborhood and some of the concerns about previous high density residential development in the area, including access through the neighborhoods to the developments and developments providing good transitions to lower density residential. He said the Comprehensive Plan and the Southwest District Plan also recognize the need for providing group living options for senior residents. He said that the most recent census data shows seniors as the fastest growing portion of the population. Miklo said the Zoning Code was amended to provide a density bonus for elder housing to encourage its production. He said City Engineers have received confirmation that there is sufficient sanitary sewer capacity to handle the increase in density and that storm water would have to be stored on this property in an underground storm sewer system. He explained that the engineering for that system would have to occur at the site plan stage. Miklo said in terms of zoning, the proposed underlying zoning would be multi- family (RM -20) but the applicant is asking for some changes to those requirements. He said one change would allow a taller building than the thirty -five feet normally permitted in most residential zones. He said the proposed building would be up to fifty -two feet in some locations to allow for 145 spaces on two levels of underbuilding parking. He said the zoning requirement for the units proposed would be about 70 parking spaces, so by providing more space than required may cut down on the complaints received by the City about parking in the Oaknoll area and spill -over parking into the neighborhoods. Miklo said the applicant would present the design features of Planning and Zoning Commission June 21, 2012 - Formal Page 3 of 19 the proposed building that are intended to help this large structure fit into the neighborhood. Miklo said they are also seeking a tree coverage variation from the one tree for every 550 square feet of roof coverage for a residential development and are requesting relief for the courtyard area. He said the applicant will provide trees elsewhere to meet that requirement if the courtyard is not considered rooftop. Miklo said the applicant is also requesting that the maximum width of eighteen feet be waived for two garage doors within the development. He said they want to increase their width to twenty feet, and since they would be located in the interior of the development, staff feels this is a reasonable variation from the standards. Miklo said the final decision for the Commission would be the vacation for Spring Street. He said that other than for one property which has alternative access from Streb Street, the only other properties served on a regular basis by Spring Street are those owned by Oaknoll that would be part of the redevelopment. He said easements would be obtained for any public utilities in that area. He concluded that staff is recommending approval of the item as outlined above. Freerks opened public hearing. Mark Seabold of Shive -Hattery spoke on behalf of Oaknoll. He said the project would expand their senior living residences, which is a housing type that is in great demand, and would contain varied apartment types. He said they have been working with the City staff for some time to see that the needs of Oaknoll will work with the needs of the neighborhood. He said they have also worked with existing Oaknoll residents as well as those on the waiting list in order to get input about the types of apartments and amenities they would like to see. He noted that they had held a good neighbor meeting last month that five people attended. He said the subjects discussed included the need for storm water management. He said there was concern about any increase in noise from HVAC equipment or from condensing units on the roof, but that Oaknoll plans on using a geothermal system, which doesn't contain any large or loud equipment. He said they spoke about privacy and how they have made a buffer zone and also stepped back the building on the north and south faces where there are neighbors. He said they are trying to incorporate as much visitor and staff parking as possible under the building to make less of an impact on the area. He said the intent for Spring Street is that it will just be improved. Seabold gave a visual presentation outlining the various aspects of the proposed development. He said there would be a lot of functions in the new building and showed pictures of the skywalk connecting it to the existing George Street facility. He said the 2.7 acre site would be utilized by maintaining the existing residences on Oakcrest Street, providing two new duplexes to buffer the existing neighborhood on Streb Street and provide 69 new apartments along with all the amenities in the new building. Seabold explained the floor plans and how with the large change of grade between Spring Street and George Street a whole level of underground parking can be accomplished. He said there is also a secondary entryway off Spring Street and a loading dock for smaller delivery trucks. He explained that the larger trucks will still use the main entry. He showed where a fire truck lane is proposed and explained that the only traffic that would continue down Streb Street would be a fire truck. He said a ramp will lead to another level of parking with an additional 60 parking spaces and then there are residential units overlooking Spring Street to the west. Seabold showed plans of the George Street level where there is a covered drop -off area and a lot intended for overflow visitor parking with only pick -up and drop -off traffic. He showed the main entryway on George Street with a dining venue overlooking a courtyard space and apartments wrapping around the courtyard. He said the second floor would be apartments with small meeting rooms. He said on the third floor up from George Street there would be the Planning and Zoning Commission June 21, 2012 - Formal Page 4 of 19 skywalk connection out from a large community space. He explained that the space will have higher windows so they aren't looking out over the neighborhood and all the views will be directed into the courtyard space. He explained where the step backs will be used on the west wing to reduce the scale of the building on Benton Street and on the east side as well. Seabold showed some rendered elevations that depicted the elements of the proposed development. He described how relief would be provided from the heavily landscaped courtyard area using paths, a stream and variation in plant heights, among other things. Steve Roe, the Administrator and Chief Financial Officer of Oaknoll, said they are a nonprofit organization that has served Iowa City since 1966. He said they currently serve about 280 residents. He said during their 46 -year history there have been a number of expansions, the most recent being the George Street addition that added 51 independent living apartments and amenities for all the residents. He said the rezoning request for the new addition is being driven by the waiting list of 162 individuals and couples, some of whom would like to be Oaknoll residents now. He said he thought the proposed building was designed well to fit into the neighborhood and will add some amenities that the Oaknoll community truly needs, the biggest of which is a large, open community space. He said the 73 units planned for the Spring Street addition will be the largest of their additions and will complete their campus. He said they have no plans to build more on this site. Tim Starna of 708 Steb Street asked what is meant by vacation of the right of way on Spring Street and wanted to ensure that his tenants would have access to their parking. Miklo explained that if Spring Street is vacated the City will retain a public access easement over the street which would allow motorists to travel on the street as they do today. He said that Oaknoll would own the street and be responsible for its maintenance. Starna asked where his property's trash pick up would be and who would be responsible for snow removal. Miklo said the City would probably pick up trash from the front of the property and Oaknoll would be responsible for snow removal. Starna noted that bringing the trash to the front makes the property less desirable for tenants in part because there's a steep hill there. Holecek said the trash receptacle would have to be kept along the side of the building and brought around to the front and she does understand his concern. Ellen Sweet of 1219 Oakcrest Street said her backyard exits on Spring Street and she is opposed to the City vacating Spring Street. She said she doesn't think it will be the same when it becomes a private drive. Freerks asked her if she had specific concerns. Sweet asked what would happen if there were any disputes. Holecek explained that the street will be upgraded and the City will retain a public access easement which allows the public to use it and public vehicles to access it. Sweet said she walks her dogs on Spring Street because there is too much heavy traffic from the buses on Oakcrest Street. Planning and Zoning Commission June 21, 2012 - Formal Page 5 of 19 Freerks said Spring Street would still have public access so she would still be able to walk her dogs there. Sweet asked what would happen about dogs going to the bathroom. Holecek replied that you would pick up after your dog. Freerks asked if Sweet could be more specific about her concerns. Sweet said one reason she doesn't walk her dogs on Oakcrest is because Oaknoll residents tends to have small dogs that bark at you as you pass by. She said one of her dogs doesn't tolerate that well and wants to go after the small, yappy dogs. She said she's concerned about what impression the Oaknoll residents will have once Oaknoll owns the street. Holecek said it will be very clear and recorded that the public still has access to the street. Sweet replied that some of the residents currently don't think that people should do as they please on Oakcrest. Freerks said the Commission can listen to Sweet's concerns but she's not sure they can do anything about them. Sweet said she has had an Oaknoll resident who told her she couldn't wait until Oaknoll bought all the houses in the area so the students and other people would be gone. She said various Oaknoll residents have made comments to her about the way she walks her dogs. She said the residents tend to be prominent people in the community and they think they know more than anyone else and should be in a supervisory position to other neighbors. Freerks said she would like to focus on the issue Sweet has with the street. Sweet said she has the right to be on Spring Street because it's a public street and she doesn't know how that right will continue once the street is owned by someone else. She asked what would happen if there was some dispute about something that happened on the street. Sweet asked who would enforce that right to use the private street. Holecek said she needed to know more about the kind of dispute she's referring to. Sweet referred to a recent incident where she was walking her dogs on Spring Street and a woman, not an Oaknoll resident, told her boyfriend to call the police. Sweet said she was reported to animal control because they don't like her using the street the way she has a legal right to use that street. She asked who she would appeal to once the street becomes private. Freerks and Holecek assured her that she would still be able to use the street, and in most respects, people would not even be aware that it was a private street. Sweet asked who she can talk to about the issue of where her dogs can relieve themselves and her concerns about disputes that may arise once the street is private. Freerks told Sweet to talk to Holecek. Dave Clark of 1130 Oakcrest Street asked how they were going to deal with taking the parking off Oakcrest Street from University Heights border to Benton Street. Planning and Zoning Commission June 21, 2012 - Formal Page 6 of 19 Miklo said that is not being considered as part of this rezoning. Clark said this was going to exacerbate an already bad situation. Freerks said that before Clark arrived at tonight's meeting, Seabold had explained how they are going to more than double the amount of parking that's required for this number of units, so this should help the parking situation with Oaknoll's employees. Clark asked how many parking spaces there would be for the employees. Roe said they are planning for one and one -half cars per apartment so about 105 of the spaces are dedicated to resident parking with the remaining forty to be used by staff and visitors. He pointed out that many people heading to University Hospitals use George Street for its free parking. Kevin Lehman of 2060 Lynncrest in Coralville said he owns 703 Streb Street and 1242 Sunset. He said currently on Streb Street the eastside is open parking and the west side is no parking. He asked if there are plans to change that. Miklo said there are no plans to change the current situation but the Transportation Planners could look at changing it to the other side of the street. Seabold said because they plan on removing properties and moving the driveways to the back, they will be removing some of the driveways along the east side of Streb Street which will open up more room for parking. Starna said he thought the Commission had possibly not taken seriously his concern about the garbage pick -up at 708 Streb Street as particularly in the wintertime there is a hill the tenants would have to go up carrying a heavy can and will make it much more difficult to bring the trash out. He said if there are easements for emergency vehicles, why is it that the garbage pick up is no longer the same. Miklo said he thought Public Works would be reluctant to send a truck given that it would be only one house but that they can see what they would be willing to do. Freerks suggested that Starna contact Miklo to see what could be done but said the Commission can make no guarantees and would probably not tie anything to this issue. Freerks closed public hearing. Freerks asked for a motion. Dyer moved to approve CPA12 -00002 an application submitted by Christian Retirement Services, Inc. for a Comprehensive Plan Amendment. Thomas seconded. Freerks invited discussion. Thomas said there has been a considerable amount of effort in this application to address the issues associated with the change in the Comprehensive Plan. He said he does have some concerns about the north side of the development as it faces the rear yards of the properties on Planning and Zoning Commission June 21, 2012 - Formal Page 7 of 19 Oakcrest Street. He said it's where you see the exposed basement levels at the northwest corner of the building that are a concern for him because that's where some of the site conditions converge to expose the full height of the building to the adjacent properties. He said he would like to see what else can be done on the applicant's property to help screen that side of the building from the adjacent properties. Miklo said there is a later version of the plan that does show louvers or windows that continue the pattern above to break up that blank wall. Thomas said that would help, but the height of the building in that location is still a factor. He said he would like to see more screening in that area. Miklo explained that this issue can't be tied to the Comprehensive Plan item but could be brought up again with the rezoning for the Planned Development, the next item. Swygard said she had spent a good deal of time reviewing the Comprehensive Plan, and it states that the amount of land zoned high density multifamily is excessive for this location. She said she has concerns about the size of this building, especially the view traveling from west to east. She said even though it ties in with the Oaknoll development to the east and attempts have been made to buffer it with the duplex, it is yet another large family development for this area. She said she has tried to weigh the social value of the development against the Southwest District Plan that's in place that was worked on by the neighbors, and she hasn't come up with a good answer yet. Freerks said Oaknoll does meet a great need and will complete their campus and is probably a good use of this area in the community, and thinks it will be an excellent addition to the community. She said she thinks in this case, the Comprehensive Plan change is a positive one. Dyer said she shares the concern about the blank wall in the parking structure. Freerks reminded Dyer that can be addressed in the next item. A vote was taken and the motion carried 4 -1 with Swygard voting no, Eastham recused. Thomas moved to approve REZ12 -00010, a rezoning of approximately 2.7 acres from Medium Density Single Family (RS -8) zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) zone to allow the construction of 69 apartments and two duplexes for elder residents as shown on the Planned Development Overlay Plan. Martin seconded. Freerks invited discussion. Dyer said she shared Thomas's concerns about the large, blank wall of the parking structure and that there is no step -back on the north side of the building. Thomas said he thinks the problem is compounded by the fact that the building is taller in some spots than what is normally allowed under RM -20. He said at this late stage in the design process, the only option the Commission really has without modifying the building is to modify the landscape tree limit. Miklo explained if the Commission wants to actually see some modifications, they will have to Planning and Zoning Commission June 21, 2012 - Formal Page 8 of 19 defer this item to their next meeting so a revised plan could be presented. He said if they are comfortable voting on it but putting some landscaping conditions on it, they could do that as well. Freerks said she doesn't feel it is the Commission's job to designate the placement of each tree but rather to identify the issue they see and ask that it move forward. Holcek said the Commission could add a condition that a landscaping plan be approved by the Director of Planning and Community Development. Thomas moved to amend the motion that the applicant submit a landscaping plan to the City's Planning and Community Development Department for their review and approval to ensure that the northwest corner is screened from the other buildings to the north. Dyer seconded. The motion to amend carried 5 -0. Freerks said she thinks this will be a wonderful addition to the community as a whole and that it's a wonderful structure. She said the height is pushing the limits, but it's done quite well in many ways and there will be plenty of people who will want to live there. She said she likes the way the applicant is putting together the garden and dealing with storm water. Swygard said she thinks the structure is just too large. She said she's not in favor of allowing the height to be increased. A vote was taken and the motion carried 4 -1 with Swygard voting no, Eastham recused. Thomas moved to approve VAC12- 00004, an application for the vacation of Spring Street subject to the retention of an access, sanitary sewer and storm water easements. Martin seconded. Freerks said the vacation of this street makes sense to her. She said it will be maintained by Oaknoll yet the public will still be able to use it. Thomas said the only problem he sees with this is the trash issue, and he hopes that a resolution can be found in the discussion with Public Works. A vote was taken and the motion carried 4 -1 with Swygard voting no, Eastham recused. Freerks called a short recess. Freerks called the meeting to order. REZONING ITEM REZ12- 00011: Discussion of an application an application submitted by Southgate Development Services for a rezoning from Interim Development Office Research Park (ID -ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of property located at Camp Cardinal Boulevard south of Preston Lane. Planning and Zoning Commission June 21, 2012 - Formal Page 9 of 19 Miklo showed the subject property on a location map and an aerial photo that demonstrated the fair amount of woodlands on the property. He pointed out on a topography map where there is quite a bit of topographic relief on the property, the northern half and southeast corner. He showed pictures that illustrate how much higher the property is than Camp Cardinal Boulevard. He said the area is covered in the Clear Creek Master Plan, which was contained in a memorandum of agreement between the City of Iowa City, the City of Coralville and Southgate Development. He said the main purpose of that agreement was to provide for the construction of Camp Cardinal Boulevard. The memorandum also shows the commercial on the subject property and some other areas along the boulevard and then residential. Miklo said the Comprehensive Plan for this area is the General Comprehensive Plan and it shows, as does the Clear Creek Master Plan, the possibility of commercial of office research development. He said because the area is currently zoned for office research, changing this to residential as proposed by the applicant would require a Comprehensive Plan Amendment. He said the current zoning is Interim Development Office Research Park (ID -ORP) because in the past there wasn't the infrastructure in place to allow the general development of this area, but with the construction of Camp Cardinal Boulevard there is now access to utilities, so it would be appropriate to change the designation to either Office Research Park (ORP) or some sort of commercial zoning or a multifamily designation. He said staff feels there may be merit to putting some part of the area into multifamily development but believes there should be some sort of concept on how it would be developed due to the sensitive areas it contains and the grade and how the extension of Camp Cardinal Road running east to west would be facilitated. He said the proposed zoning would allow up to over 400 multi - family units, which the staff thinks is unrealistic given the topography. He said the staff is recommending that this item be deferred to allow the applicant to develop a concept plan or a Planned Development Overlay zoning, which addresses what is a realistic density on this property, recognize the environmentally sensitive features, and provide a plan for an east -west roadway connecting Camp Cardinal Road to Camp Cardinal Boulevard. Eastham asked if the Clear Creek Master Plan is part of the Comprehensive Plan for the City. Holecek said it is not part of it but could be used as a guideline. Eastham asked Miklo just how Camp Cardinal Road could be improved, because part of the road is not contained in this application. Miklo said they anticipate that any development that relied on Camp Cardinal Road would have to build it in order for their development to occur. He explained without a concept plan, they don't know how it will develop, but staff does feel that it should have access from both directions. Eastham asked if in the past the City has required a developer to develop a road as access even though the road isn't part of their property. Miklo said there are provisions in the City's subdivision regulations that require off -site improvements if they are necessary to serve the development. Freerks opened public hearing. Glenn Siders of Southgate Development Services representing the applicant said that a large portion of their property is zoned Interim Development (ID) which makes it hard to market that property or know how to develop it, and their goal is to get the zoning designated as something Planning and Zoning Commission June 21, 2012 - Formal Page 10 of 19 other than that. He said staff is correct in that it needs to be determined as guided by the Comprehensive Plan what this site is most suitable for. He said what they want to do is determine the appropriate zone so they can proceed with any type of permanent zoning or development of this property. He said the entire area is difficult to develop because of the terrain, which is what prompted Southgate to develop the Memorandum of Understanding, which also included the County and the school systems. He said Southgate paid seventy - percent of the improvements for Camp Cardinal Boulevard, while the City of Iowa City and the City of Coralville each paid approximately fifteen percent. He said he wants to go through the Memorandum so everyone is on the same page. He said it is a public document that was approved by both participating municipalities, went through both Planning and Zoning Commissions and both Councils but there was never any sort of ordinance adopting this. He said it was an outline of how they thought the area would develop. He said it was reviewed by both municipalities in 2002. Siders said if you take twelve units per acre on the twenty -seven acres, then the staff report's projection of the potential density of 400 units is correct. He said that is not how they are marketing it. He referred to the Memorandum, which states an average overall density of eight per acre clustered, so in certain areas you could have as high as twenty units per acre to allow the cluster. He said there is about forty -five percent open space over this entire development because of the wooded areas and the slopes, so you need to cluster. Siders said if you use the eight unit average, you would be down to 221 units, but he is not optimistic that you can develop that many units on this site. Siders said in 2005 they went more in -depth with what he called a concept plan. He showed a picture to the Commission, which he said showed the site more as commercial or office use rather than a research use. He said they had the designers of their concept plan look at the developable area, and they found just short of 13.5 acres of this twenty -seven acre parcel, about half of the entire site, to be land where you can put a building. He said the rest would be slopes or trees or both. He said they are opposed to producing a concept plan. He said they have a property now already tied into a concept plan. He said it's harder to sell lots with concept plans than it is to sell an unzoned lot. He said they aren't opposed to figuring out parameters of how this gets developed perhaps by getting the bonus rate for the twenty -seven acres but you only rezone thirteen acres. He said maybe another option would be some kind of conditional zoning agreement that allows them to work with the staff about how this can be achieved or developed. Siders said that a having a drawing is not a good deal as far as marketing this site because then they are tied into one specific design that the buyer may not like. Siders said if they could identify the areas where structures could be built it would relieve their concerns. Siders said they have some concerns about Camp Cardinal Road. He clarified that the Memorandum talks about Camp Cardinal Road when it really means Camp Cardinal Boulevard. He said the development of Camp Cardinal Road is going to be a challenge because of the right —of -ways and the topographical challenge of connecting any properties to that road. He referred to Exhibit B and that staff report alludes to a road connection that doesn't exist. He explained that what Attachment B did was try to identify the primary roads, Camp Cardinal Road, Kennedy Parkway, the east -west connection to 965, and possibly another north -south connection. He explained that there are several red lines on the attachment that aren't roads. He said they are assuming that the proposed development would be serviced entirely off Camp Cardinal Boulevard, which will be a challenge due to the approximately twenty -five foot elevation the boulevard and the flat spot on the hill. Siders said the 2005 concept is a tool that the City has used when the Cardinal Point South Subdivision was approved. He said he is assuming that no action will be taken on this tonight, Planning and Zoning Commission June 21, 2012 - Formal Page 11 of 19 but he doesn't want this to go dormant. He said he wants some direction from either Planning and Zoning Commission about what the appropriate use is and at least get the Comprehensive Plan amended to that use and then figure out how to rezone these 27 acres. He said he thinks the Comprehensive Plan is the key and they figure out if it's a residential use where they go from there and how to accomplish that use. Eastham asked what Sider's preference is. Siders said his number one goal is to establish what the appropriate use for this is so they can market it or develop it or both. He said they think some type of residential use is the appropriate use, not commercial and particularly not Office Research Park. He said they don't think single family use is appropriate because of all the traffic that is generated from its proximity to Highway 218 as well as Camp Cardinal Boulevard being fairly busy. He said they picked Low Density Multifamily (RM -12) because that's a reasonable density, the lowest density multifamily zone, and he doesn't think they are going to get a higher density because of the terrain, particularly if you observe that eight unit density per acre criteria in the Memorandum. He said once the City determines the use, then they can get a little more detailed about the slopes or street connections, how it's engineered and developed or whatever staff is concerned about. Freerks said they aren't ready to set parameters at this point. She said it's an important step and the Commission wants to make sure that whatever the mix is, it's right because there's a lot that rides on it and it's part of the community and they want to make sure they do the right thing. She said she thinks deferral is obviously the best choice because she doesn't think that the Commission is really ready to say what they want to do with that land. Miklo suggested that the next step should be a sensitive areas analysis that would pin down where the more developable areas are. Siders asked what that has to do with use. Miklo said it would give them a sense of what area can realistically be developed and then they can determine what density is appropriate, and that may include transferring density from some of that undevelopable land. Siders said that if it's a residential use, Miklo is correct. He said if it's commercial use, then what Miklo just said has no bearing on it at all. He said he wants to know if the Commission thinks that a multifamily zoning is appropriate for this site. Miklo showed on the plan how a diagonal road conceptually indicates that Camp Cardinal Road should have an east -west connection back to the boulevard. Dell Richard, attorney for St. Andrew Presbyterian Church explained that the church owns the property just across Camp Cardinal Road. He said they want to be a good neighbor and that they don't have particular feeling about what the zoning should be. He said their main concern is the connection between boulevard and road and the responsibility for the road. He said they expect to be developing that site within the next five years. He urged the Commission to take into account the development of all one - hundred acres and not lose sight of Camp Cardinal Road when they are doing the Comprehensive Plan. Freerks clarified that what they would be doing is a Comprehensive Plan change for this one parcel. Planning and Zoning Commission June 21, 2012 - Formal Page 12 of 19 Robert Wilson of 2205 Harvest Circle, Coralville, passed out some papers to the Commission and said this is a remarkable project that this Master Plan has done in the last six or seven years with the new school and a good boulevard. He said now they are down to Southgate's 28 or 29 acres, across the road from the proposed project is St. Andrew's forty acres, and then to the north his two principals, Jim Nepola and Dave Hecht own 27 acres. He told the Commission that if they decide to change the Comprehensive Plan, they are going to have to look at the impact on all the neighboring properties, and there are about eight or nine acres that are in part or directly owned by Dan Aarons and Jill Armstrong. He said he doesn't know if that affects Commissioner Phoebe Martin because of Jill's status as a realtor in the same firm. He said those are all the principal players who he hopes will be good neighbors when they decide how this property should be developed. He said he agrees with Siders that the property at this point does need to be marketed. Wilson said they would like to market their twenty -seven acres too. He said they have some of the same concerns that Siders has. He said that St. Andrews will hopefully be building their new church on some of their land but will have to decide how the remaining acres will be used. He said in his hand -out he has a photograph of the Nepola -Hecht property as it looks over to the back side of Walnut Ridge. He said the staff reports talks about a large amount of land to the east of the applicant's property, but he said their twenty -acres is actually smaller than the applicant's property. He said because the remaining land is some of the prettiest on the southwest side of Iowa City and because the topography is tough, he thinks they need to proceed very carefully on this. He invited the Commissioners to visit the Nepola- Hecht property. He referred to a staff photograph looking down at a steep curb cut coming up from Camp Cardinal Boulevard and a photograph he included in his handouts looking up from across the street. He said this is a very steep slope. He said he doesn't agree that the Clear Creek Master Plan is a guideline, as Holecek had referred to it. He said the resolution signed by all the mayors says the Master Plan was endorsed by the City Council, and he said he doesn't think that word means that it is actually to serve as a guideline. He said his clients also think that the Memorandum does talk about old Camp Cardinal Road being upgraded and developed as part of this, and maybe if all the neighbors get together they can reach an agreement on that. Wilson agrees there should be some sort of connectivity, but he's not sure how you are going to get up that hill. He concluded by saying that since the Commission will be changing the Comprehensive Plan, he hopes they look just as hard at the other side of the road as this side. Eastham asked if Nepola and Hecht's main concern is access to their property from Camp Cardinal Boulevard. Wilson said both the Presbyterians and Nepola and Hecht have access on Old Camp Cardinal Road and any development that is going to occur on their side of the street is going to require improvement to that road. He said the question is whether the folks on the other side of the street are going to pay for those improvements and what the best access is for both properties. Martin explained that she and Jill Armstrong are independent contractors for the same company but they do not have a connection with the subject property, so there is no conflict. She agreed to check with Holecek about the matter, though. Freerks closed public hearing. Eastham moved that REZ12 -00011 an application an application submitted by Southgate Development Services for a rezoning from Interim Development Office Research Park (ID- ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of property located at Camp Cardinal Boulevard south of Preston Lane be deferred until the July 19th meeting of the Planning and Zoning Commission. Swygard seconded. Planning and Zoning Commission June 21, 2012 - Formal Page 13 of 19 Freerks said she thinks that Office Research Park (ID -ORP) might not be what needs to be at this site. She said at this point she's just not ready to make a determination. She said she thinks a sensitive areas study is important for the purchaser, but she understands that Siders is anxious to market it. She recommended that the Commission take a closer look at the application and look beyond it at the other properties and how it all connects. Eastham said from his current perspective, the use of this parcel as residential makes a lot of sense. He said he would like to find a solution that doesn't involve the applicant having to spend a great deal more money in terms of engineering studies. He said he understands the staff's interest in having an idea of how much sensitive areas are involved here in the interest of finding out how much of the parcel is developable. He said it makes sense to him why the applicant wants to market it without a concept plan. He said having two access points to the property from Camp Cardinal Road makes more sense than just one. He said if the three parties wanted to get together and propose a way of improving Camp Cardinal Road that is mutually satisfactory to all of them, that would be great and would expedite the process. He said a Comprehensive Plan Amendment that gives the applicant an idea of what they can do with the land is something the Commission should be able to do within a relatively brief amount of time. Freerks said that anything developed in this area will have to have a Sensitive Areas Ordinance applied to it. She said there will be concept tied to it at some point because of all the issues the land carries with it. Miklo said staff's position is that the environmental areas are affected by land use and some sort of sensitive areas study should be in place because some land uses are more suited than others to the environmentally sensitive areas. Freerks agreed and said that might be more important than having a concept at this time. Thomas said he thinks compatibility issues with adjacent properties is a concern of his and after listening to the comments about those properties it seems that coming in off Camp Cardinal Road could be something to be considered. He said he's not clear about the need or importance of a connection from Camp Cardinal Boulevard particularly given the topography. He said he thinks how you access the site will be a factor in determining use because it would affect its relationship to the adjacent properties. Freerks said it would be wise to make sure that by rezoning this, they don't end up with a deficit of Office Research Park. A vote was taken and the motion carried 6 -0. REZONING ITEM REV 2- 00012: Discussion of an application submitted by Southgate Development Services for a rezoning from Interim Development Multifamily (ID -RM) zone to Low Density Multifamily (RM12) zone for approximately 13.90 -acres of property located at South Gilbert Street and McCollister Boulevard. Miklo showed the subject property and the neighboring area on a location map, aerial views, a plat for Sandhill Estates which includes this area as Outlot A for future development, and photographs of the subject property and the neighborhood. He explained that the Interim Development Zone (ID -RM) is basically a holding zone that allows limited development, Planning and Zoning Commission June 21, 2012 - Formal Page 14 of 19 agricultural uses or one house per ten acres. He said the proposed RM -12 zone is intended for low density multifamily or a mix of housing types including small lot single family, duplex, townhouses and apartment building. He said if applied to this property it would allow up to 222 multifamily dwelling units but staff feels that is unachievable on this property given its odd shape and the need for storm water and part of it is within easements. He said staff feels it is appropriate to remove the ID zone and zone it for development given that Gilbert Street has been improved, McCollister Boulevard is in place and sanitary sewer and water are available to the area. He said the property is within the Southeast District Plan, and the Plan has an illustration for this specific property showing the possibility of limited apartment buildings and talking about additional uses like townhouse, duplexes, zero lot line or small lot single family. He said the Plan cautions about putting large concentrations of apartments in any one neighborhood. He staff thinks some apartment buildings or multifamily along Gilbert Street may be appropriate but they recommend a transition as you move toward McCollister Boulevard. He said staff also recommends additional buffering given the public works facility across the street. Miklo said staff recommends that this be deferred to allow development of a concept plan or planned development showing how this property could be developed in relation to the policies of the Southeast District Plan showing a mix of housing. Eastham said that in the past few years Council approved rezoning the rest of Sandhill Estates as OPD -5. He said the land use scenario in the Southeast District Plan shows a border that could be used for townhomes. He asked if townhomes are part of the OPD -5 designation. Miklo said he believed there are two small clusters of townhomes within Sandhill, and he will get that specific plan to the Commission for their next discussion. Freerks opened public hearing. Glenn Siders of Southgate Development Services said they are interested in getting the zoning changed in order to market this property. He said he has no problem with the concepts of the Southeast District Plan and agrees with the City that big apartment buildings up against the back of single - family homes is inappropriate. He said they would probably eventually ask that they rezone this RM -12, as it is the least density multifamily that allows mixed housing, without attaching it to a concept plan. He said he thinks Southgate could easily work out with City staff the concerns about putting larger buildings along Gilbert Street and other things. Eastham asked if there is a market for multifamily development in this parcel currently or in the next five years. Siders said there appears to be a market for apartments all over. He said they have had difficulty marketing single family dwellings in this development but he really can't answer Eastham's question. Linda Campion of 765 McCollister Court said she prefers there be no development because it's wonderful just as it is. She said she wonders how dense the population there could be because it is within a Fly Zone of the airport. She said as a life -long resident, she has been proud of the fact that there has never been a part of town that was less desirable than any other, but she has great concerns about the fact that the southeast portion of the city has been negatively impacted by rental housing and the types of housing that have been put there. She asked that the Commission look really hard at what kind of development is put here, and high density is not necessarily better than single family for this lovely area with its trails, park, and ballparks that would draw families there. She strongly recommends keeping the kind of houses that are currently there and limit them to owner - occupied because it will have a positive effect on that Planning and Zoning Commission June 21, 2012 - Formal Page 15 of 19 quadrant of the city. She asked that the density be limited because of traffic safety concerns for the residents and the people using the ballpark. She asked the Commission's help in rendering a decision that would again make that part of town as desirable as any other. Holecek said the Fly Zone actually relates to the height of buildings with the regard to proximity to the airport and location. Campion asked if twelve- plexes would then not be a problem. Holecek said she didn't believe they would. She said the Runway Protection Zone (RPZ) is farther north but staff would need to look into that further. Freerks clarified that the Commission can't say whether something can be owner occupied or not. Holecek said you have to zone for the appropriate land use, not for who will live there. Sam Ojeda of 833 McCollister Court said most of the houses along McCollister Court have a very nice view of the Terry Trueblood Recreation Area, and that's a big selling point of the whole area. He said even the houses behind McCollister Court are high enough that they have the view also. He said that's something they need to keep and protect in future planning. He said he thinks they didn't get enough information and have been left out of the decision process. Lula Palmer at 803 McCollister Court said she and her husband would support the recommendation to defer the petition. She said they want to make the Commission aware that they are not just a collection of houses, but are a neighborhood, and a careful look at how that property is developed is important to them. Tim Orion of 823 McCollister Court read through the email opposing the application that he had sent to the Commission and that is part of the public record. He agreed with Campion that he would like nothing to be done to this area. He said one of the reasons he bought his house is the view. He said he thinks townhomes lower the property values and apartments are horrible regardless of how nice you might try to make them. He said to look out his door and see a bunch of mediocre buildings is just going to ruin it for everyone. He said that apartments will increase traffic and noise and will have garbage dumpsters that he'll have to look at and smell. He said he sees nothing positive that can come from this application for his community. He said if something is to be built, it should be homes just like the ones that are there now. He said perhaps they have had trouble selling single lots because this part of town has had a bad reputation in the past. Josh Chapman of 840 Oxen Lane said he agrees with the previous speakers that no multifamily dwellings should be put in this area. He said it's quiet, it has a prairie grass reserve, a park, and the recreation area. He said it's peaceful and to add apartment buildings would ruin the area. He remarked that this development has the potential to bring a nicer development to the south side of the city whereas other developments have put in multifamily dwellings. He said he would prefer the area not to be developed at all, but if it has to be, it should only be single family. Tim Kasparek of 1001 Langenburg Avenue said he totally agrees with everything his neighbors have already said. He said in 2006 he and his wife were the first to purchase a home in Sandhill Estates. He said he would agree with Siders that the development has been fairly slow but it hasn't been helped by Southgate changing covenants in 2007, unfinishing of green spaces and signage that was never put up along the road. He said from a quality of life standpoint and what Planning and Zoning Commission June 21, 2012 - Formal Page 16 of 19 you want out of a neighborhood, it would sad to see this happen. He said the City needs to take a look at what they want that area to represent. He said this is an area of the City that is completely different than other areas of town and to throw up something mediocre would be a disservice to the entire city. Brian Herren of 853 McCollister Court said he agrees with what his neighbors have said. He said the reason he and his family moved in this year was because of the aesthetics and how you can see the Terry Trueblood Recreation Area. He said if you put up RM -12 that would be up to thirty -five feet and thirty-five feet would block everybody on the first and second tier from viewing anything across the road. He said his preference is that there is no development there, but if there has to be something put up, he would want it to be single family. He said he had been under the impression that this land wouldn't be developed. He mentioned also that there shouldn't be any access onto South Gilbert because of the congestion with the ballpark being there. He said he doesn't see a market for apartment buildings so far from the downtown. He said his biggest concerns are that what goes in matches the community, the aesthetic appeal, and that anything is limited to two stories or less. Bob Domsic of 800 McCollister Court said he has been inspired by his neighbors to approach and speak. He said he echoed his neighbors' sentiments. He said the south side of the city has a number of social challenges that make this area undesirable, mainly education and crime. He said the City has made efforts to ameliorate those problems and if low density multifamily residences are brought to this area it could undermine the City's efforts of conservation, preservation and desirability of this location. He added that there is an endangered box turtle in the area that he spotted on his property recently and that people need to be cognizant of this fact. Alex Hechman of 843 McCollister Court echoed the thoughts of his neighbors. He said they are part of the Twain School District that faces certain challenges due to the transient nature of the many apartment buildings in that district so adding more apartments would have more negative impact on the school. He urged the Commission to work with the school districts to investigate the re- districting they are undertaking at present. Richard Arthur of 893 McCollister Court said his first impression of Sandhill Estates was that this was an area where they wanted to conserve nature. He said if apartments were to built across from where they live, it would change their neighborhood completely. He said when everyone on McCollister Court moved in they never envisioned apartment buildings behind them. Stephanie Chapman of 840 Oxen Lane said she shared the sentiments of her neighbors who have spoken. She said she loves the dynamic of the neighborhood and putting in apartment buildings will change that. She said she doesn't think anyone driving in to Iowa City would like to see a group of large apartment complexes — it wouldn't be nice to look at, it wouldn't be beneficial, no one would enjoy the extra traffic on an already busy road and would be particularly dangerous for the large packs of bicyclists who use that road in the summer. She asked Southgate if they plan on marketing this land and selling it to someone and if they do that, would they then not have any rules or regulations that they have to follow to follow what is already created in their community. Brian Herren of 853 McCollister Court added that they value the Terry Trueblood area as an oasis of sorts, and apartment buildings don't fit into that scheme. He said it's good to have an area where families are there for the long -term and value the sense of community. Tom Carroll of 883 McCollister Court said they just moved in last Wednesday and were told by Planning and Zoning Commission June 21, 2012 - Formal Page 17 of 19 their realtor that the subject property was green area owned by the City. He said they would support not having apartment buildings there. He asked about the history of the box turtle and if the area can really be developed with a protected species in residence. Miklo explained during the original development of Sandhill Estates the DNR had a plan to relocate the box turtles. He said staff would check with DNR and see what was done. Tim Orion of 823 McCollister Court reiterated that he is opposed to not only apartment buildings, but also townhouses, zero -lots and duplexes because in effect, they are only smaller apartment buildings and will have negative impact on the area. Michael Chan of 927 Oxen Lane said he intends to live there for a long time so he wants to keep that area as safe and habitable for all generations. Freerks closed public hearing. Eastham moved that REZ12- 00012, an application submitted by Southgate Development Services for a rezoning from Interim Development Multifamily (ID-RM) zone to Low Density Multifamily (RM12) zone for approximately 13.90 -acres of property located at South Gilbert Street and McCollister Boulevard be deferred until the July 19th meeting of the Planning and Zoning Commission. Thomas seconded. Freerks urged the speakers to remember that they have created community and they will continue to have that no matter what happens. She said the current zoning indicates that multifamily zoning should be considered. She said she's sorry that some of the speakers had been misled that it was a park. She said it will be developed unless the neighbors can pool their money and buy it. She noted that she has a twelve -plex in her back yard, and it's still a great place to live and she has good neighbors. She said they need to see a planned development or concept plan for this with buffering taken into consideration. Eastham said he makes as many of his decisions as possible by referencing the Comprehensive Plan. He said the revised land use scenario map for this district shows this area as appropriate for single - family, small lots, duplexes, townhomes and some apartment uses. He said those scenarios are in keeping with the Comprehensive Plan's overall intent for every district to provide housing for everyone in the community including all those housing types. He said he lives in a townhome complex with a generational mix that does just fine, so he's looking forward to seeing what we can work out with the development for this parcel. Thomas said it's important that the people of Iowa City have an interest in matters that affect their lives, such as was the case tonight. He said that many people have a negative connotation about multifamily dwellings. He said he thinks that the Peninsula is an area that has been thoughtfully designed with a mix of single and multifamily. He said the multifamily development needs to be done in a way that will be compatible in scale and character with the existing community. He said he does understand the speakers' concerns thinking about multifamily in the abstract, but the Commission will have the opportunity to review a concept plan. Thomas said a concern of his is that where there is interface between a single family residential neighborhood and something that may be of a different building type that it's done properly, and with the concept plan they have that option. Freerks said what she's hearing that what the neighborhood really wants is community, is Planning and Zoning Commission June 21, 2012 - Formal Page 18 of 19 people who are invested as much in the neighborhood and how to reach that point. Martin said what the City has done in this area of town has been great in terms of adding more value where there hasn't been a lot of development. She said a continuation of the theme done appropriately is important. Dyer said however the land is developed, this neighborhood is virtually surrounded by parks, and those won't be lost. She said it will be developed at some time, and perhaps the speakers can talk to the developer about how it can developed compatibly. A vote was taken and the motion carried 6 -0. AMENDMENT ITEM Discussion of an amendment to Title 14, Zoning Code, to exempt blocks with three or fewer home lots from front setback averaging. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to approve the recommended adjustments to the front setback averaging provisions in the Zoning Code as contained in the staff memo of June 15tH, 2012. Martin seconded. A vote was taken and the motion carried 6 -0. rem ADJOURNMENT: Eastham moved to adjourn. Dyer seconded. 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