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HomeMy WebLinkAbout2012-12-18 Bd Comm minutesAd Hoc Diversity Committee, November 13, 2012 1 2b(1) MINUTES FINAL CITY COUNCIL AD HOC DIVERSITY COMMITTEE NOVEMBER 13, 2012 HELLING CONFERENCE ROOM IN CITY HALL, 4:00 P.M. Members Present: Kingsley Botchway II, Joan Vanden Berg, Bakhit Bakhit, Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr. Members Absent: LaTasha Massey Staff Present: Dilkes, Karr, Markus Others Present: Charlie Eastham, Jerry Partridge RECOMMENDATIONS TO COUNCIL: None CALL MEETING TO ORDER: The meeting was called to order by Chair Botchway at 4:05 P.M. APPROVAL OF MEETING MINUTES: Coulter moved to approve the minutes of the October 29, 2012, Ad Hoc Diversity Committee, as presented. Townsend seconded the motion. The motion carried 6 -0; Massey absent. INFORMATION GATHERING SESSION DISCUSSION: Botchway noted that Members should have a copy of his email which showed what he plans to say at the upcoming public input session. He asked if anyone had anything to add to his remarks. Coulter spoke first, noting that he believes they need to make it clear to the audience what the Committee's charge is. Botchway noted that he will stipulate in the introduction that if those speaking start to go off topic, he will stop them and ask that they remain on the topic at hand. Townsend suggested that they should let people know that their concerns will be listened to, even if off topic. Roberts stated that she believes they need to say something to let the public know that they view the openness of this information gathering session as being very important, that it's not an open forum for any topic, but that the Committee will make note of all concerns expressed. It was suggested that language be included that all information is important to the Committee; and because of time constraints the remarks may be considered at the Committee's next meeting. Botchway then spoke about how they will handle public input, asking if they will be giving their name and address. Karr noted that having the address is a necessity if the Committee would like to get in touch with anyone or follow up with them for additional information. Charlie Eastham clarified his suggestion at a previous meeting that they should let those in attendance Thursday night know that by giving their name and address is not related to a person's citizenship status. Townsend asked if they truly Ad Hoc Diversity Committee, November 13, 2012 2 need to get this information or if giving one's name would be enough. Karr noted that the fliers and the news release both gave the message of speakers' needing to give their name and address. Dilkes added that they can tell participants that they are asking for this information in order to follow up for further information, but that they should not push the issue if someone is reluctant to give their address. Karr noted that there will be a sign -in sheet for participants, and suggested that they add Bothchway's remarks to the bottom of the agenda for Thursday evening distribution so that people would have all of it together on one sheet of paper. Botchway then spoke to whether or not they should stop someone who starts to speak about something they've already heard. Dilkes responded that she believes they should not do this, that they need to let people speak. Roberts asked what the timeframe is for people to speak and how they will keep track of this. Coulter stated that he doesn't believe they need an actual timer. Karr suggested that she keep track of the time and can let the Committee know when the person is at the 2 1/2- minute mark. Botchway shared his concerns on time, noting that he believes it needs to be fair for all. He likes the use of a 3- minute timeframe. Karr spoke briefly to Members, noting that the information gathering will be live on the Library Channel. She asked Members how they would like to handle any lapses between speakers, such as shutting off the sound until the next speaker steps up. Coulter stated that during periods of inactivity they need to remember that the sound will be on at all times. Karr stated that this is why they ask if they should shut off the sound, that staff will be present at all times and just need direction from the Committee on how to handle this session. Townsend spoke to the statement distributed " ...provide recommendations regarding minority issues regarding transportation and police "; and suggested they eliminate one of the `regardings' and make the second one `related to,' and then replace police with law enforcement. Botchway agreed with this statement, noting that he will have that on his final outline. Roberts noted that even though this session will not be an interaction with the speakers, would the Members be able to ask questions to help clarify someone's concerns. Botchway noted that if they are not clear on something they should definitely ask for clarification so they can take the issue up for discussion. Dilkes suggested that Botchway remove the second to last sentence relating to minutes of the meeting. Karr suggested the wording clarify each presenter will have three minutes, and remove "and goes into our minutes for the meeting ". Karr then asked the Members if they would like a complete transcription of the session, to which they all agreed. Karr then noted that she had received an inquiry from the Immigrant Voices Project, asking if translators would be available. She stated that she responded back that they would not have a translator available, and that the group did offer translation services for the information gathering and future events, as well. Karr added that she has not yet had, to date, any requests for translation services. GENERAL BOARD DISCUSSION: None TENTATIVE MEETING SCHEDULE: Karr then reviewed the upcoming meeting schedule, noting that this Thursday the 15th is the public information gathering session. This will be followed up with a Monday the 19th meeting. Karr continued, noting that the 26th presents a conflict for staff as there is a Council meeting that day. She also shared that with the meetings so close together, not Ad Hoc Diversity Committee, November 13, 2012 all of the transcripts will be available right away. Karr reminded Members that they tentatively have PCRB coming to speak to them at the meeting on the 19th. Coulter stated that with the limited life of this Committee, he believes they should take advantage of every meeting they have planned. Botchway stated that with PCRB coming the 19th it won't give the Members much time to share their thoughts of the information gathering session. Members then looked at the meeting for the 26th and agreed to cancel this meeting, and to have PCRB in for the meeting of the 19tH Botchway suggested they talk at the next meeting about having sub - groups and perhaps meeting less often as a whole group. Karr reiterated to Members that they will have copies of the meeting transcript before their December 3`d meeting. Karr then noted the correspondence received from Karen Kubby and how it will be added to the agenda for the meeting on the 15tH Vanden Berg asked if they needed to do anything more to get the word out about the upcoming information gathering. Karr reiterated all that they have done so far with fliers in public buildings, on buses, press releases, the City web site, the neighborhood associations. Members spoke briefly about who they have talked with about the upcoming meeting at the Library and that they hope they have a good turnout. Karr asked Botchway if he could complete his remarks yet today so she can add it to tomorrow's packet. He stated that he would do so. ( Botchway left meeting at 4:30 P. M.) Coulter thanked Karr and staff for their help in setting up the information gathering session. He noted that it helps to have their experience in such an event. Co -Chair Roberts asked if there were any comments to Kubby's correspondence. PUBLIC INPUT: Jerry Partridge spoke briefly, asking how late they plan to told Thursday's session. He was told that it is scheduled from 6:00 to 8:00 P.M., but that if people want to speak they will continue the meeting. Partridge asked whom he would address a letter to, if he were unable to make the Thursday meeting. He was told that he can send a letter directly to the City Clerk. If he gets this to her by tomorrow, she can then distribute with the Committee's next packet. Otherwise she will make sure the Committee has his correspondence on Thursday evening. Members invited Partridge to speak now if he would like to. He stated that he is an attorney and the director of a company that does the racial profiling and biased -based police training for the ICPD. He shared that he knew the current Chief, Sam Hargadine, from Missouri where law enforcement are required to have this training, and that when Hargadine came to Iowa City, he asked Partridge's company to bring the training to the ICPD. Partridge stated that he is here to listen and hopefully learn what his company might be able to do in their training for police concerning racial profiling and bias -based training. He continued to give the Members a brief history of the training and what it is meant to accomplish. Roberts invited Partridge to come back to any of their meetings, as well, as they are all open to the public. The topic of having an identification card system was briefly discussed, with Partridge stating that he would be glad to speak further with Members about this. Members asked Partridge if he would share the advantages of such an ID system, as well as other communities that have implemented such a system. Partridge shared that the Chief of Staff for the Mayor at New Haven has offered to speak via speakerphone to Ad Hoc Diversity Committee, November 13, 2012 the Committee about the pros and cons of their system. Charlie Eastham weighed in briefly on his agreement with such a system. ADJOURNMENT: Vanden Berg moved to adjourn the meeting at 4:45 P.M. Coulter seconded the motion. The motion carried 5 -0; Botchway and Massey absent. Ad Hoc Diversity Committee, November 13, 2012 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Key. X = Present O = Absent O/E = Absent/Excused NM = Not a Member TERM o 0 0 0 NAME EXP. 00 N co 1-1 -.% co --L m N 00 N co O -4 -P Cn N Cfl W Cn Donna 03/10/13 O/ X N N N N N N N Henry E M M M M M M M Cindy 03/10113 X X X X X X X X X Roberts Joan 03/10113 X X X X X X X O X Vanden /E Berg Bakhit 03/10/13 X X X X X X X X X Bakhit Kingsley 03/10/13 X X X X X X O/ O X Botchway E /E Orville 03/10/13 X X X X X X X X X Townsend Joe Dan 03110/13 X X X X X X X X X Coulter LaTasha N N N X X X X X O Massey M M M /E Key. X = Present O = Absent O/E = Absent/Excused NM = Not a Member Ad Hoc Diversity Committee, November 15, 2012 MINUTES FINAL AD HOC DIVERSITY COMMITTEE NOVEMBER 15, 2012 IOWA CITY PUBLIC LIBRARY, ROOM A, 6:00 P.M. Members Present: Kingsley Botchway II, Joan Vanden Berg, Bakhit Bakhit, Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr. Members Absent: LaTasha Massey Staff Present: Dilkes, Karr, Markus Others Present: Fruin, Bowers, Bentley (recording starts at this point) PUBLIC DISCUSSION: Page I 2b(2) Public discussion began with community member Fanai Cruz addressing the Committee. She noted that she is a member of the Immigrant Voices Project (IVP) and gave Members some background on the IVP. Cruz noted that the IVP launched a survey in March of 2012 aimed at the immigrant communities in Iowa City. She then shared some of the comments received from the survey: I don't feel safe. I feel discriminated against. There is not equality between white people and others. When you speak English well they treat you better. Marcela Marquez spoke next via a translator. She noted that she too is a member of the Immigrant Voices Project. Marquez noted that the police seem to target the residents of Forest View, where she lives in Iowa City. She shared several stories of being stopped for no apparent reason. Marquez noted that she would like to know why this keeps happening and how she is to explain it to her children, as they don't understand what is going on with the police stopping them and their neighbors. An Iowa City cab driver, Mukhtar, spoke next. He too stated that he is a member of the IVP. He shared his own experiences, as a cab driver, with the ICPD. Mukhtar also stated that with all of the students needing transportation to Kirkwood Community College, there should be more direct bus routes to get them there. Next up was Amal Abubaket, a student at Kirkwood Community College. She noted that in order for her to make it to school for classes she spends around four hours a day waiting for and riding a bus. She explained that the bus leaves the Westwind area and goes downtown, where she must transfer to a second bus. There is often a long wait for this. Committee Members asked for clarification of specific incidents and also let the public know that if they are not comfortable speaking here tonight that they can submit their concerns in writing. Ad Hoc Diversity Committee, November 15, 2012 Page 2 The next member of the public to speak was Elizabeth Bernal, via a translator. She shared her experiences with the ICPD, noting that one time she was stopped for no apparent reason and her children were with her as she had just picked them up from the babysitter after getting off work. She noted that she was ticketed for supposedly not stopping at a stop sign. Bernal suggested the immigrant communities receive education on what is expected of them and what rules they need to be aware of. Hassan Abdaltine of Iowa City spoke next, stating that he can remember the first time he took an Iowa City bus. It was from Lakeside to downtown to Mormon Trek. He added that all of the drivers he encountered were very nice and helpful. He did add, however, that he sees a need for more bus routes, especially direct routes to places like Kirkwood and Procter and Gamble. Another issue for Abdaltine is affordable housing. He believes the Iowa City area is lacking in affordable housing for the immigrant population. Norma Ortiz addressed the Committee via translator. She spoke about the seemingly constant police presence in Forest View where she lives. She shared the story of a neighbor who was stopped by the ICPD and stated that she believes there is some racism at play here. Ortiz also spoke about the Iowa City transit system and her experiences with buses not running on time. Hanadi E1Shazuri spoke next, stating that she works for the Neighborhood Center of Johnson County. E1Shazuri stated that she personally has no problem with the ICPD or transit. She believes that there needs to be a clear orientation for the immigration community so that they understand what their rights and responsibilities are in the community. Bob Elliott spoke next. He stated that he believes that many of the incidents being talked about this evening are due to misunderstandings. Elliott added that he believes that those speaking this evening should get a direct response from the City regarding their concerns. He then thanked the Committee for their work, noting that he hopes good things come from it. Susan Murty of Iowa City followed Elliott with her comments. She spoke about community policing and how such a program might work well in Iowa City. She was followed up by Siham Elneil who suggested that the City have some type of orientation information, via either pamphlet or flier, for newcomers, and that they offer these in several different languages. Member Orville Townsend spoke next, stating that he believes Iowa City is a community in transition. He shared his experience recently with an ICPD officer who was at the Spot as part of a community event. Member Coulter then asked if anyone had any stories or experiences they could share that could serve as models for the Committee to consider. Siham Elneil spoke about her sociology class and how she has applied some of what she has learned to the Iowa City community. She stated that she is part of the Sudanese community in Iowa City and she shared her experiences with the ICPD. She shared how immigrants such as herself view the world, and how law enforcement needs to understand the diverse beliefs that the immigrant community brings to this city. Elneil added that there does need to be more education for the immigrants who come to Iowa City, that each city is different and by providing a more Ad Hoc Diversity Committee, November 15, 2012 Page 3 thorough orientation, the immigrant population can know and understand what is expected of them. Hospital employee Mohamed Hassail spoke briefly about his experiences in Iowa City. He noted that when the City ran out of salt and sand during a winter storm, his boss had to come and get him and take him to work. He also shared an experience with the ICPD when he was a taxicab driver and received a ticket for what he believes to be an unfair situation. Member Coulter asked him to elaborate on his story. Hassail further explained the situation. Rod Sullivan of Iowa City spoke to the Committee about the need for good data. He stated that without good data collection you get into he -said, she -said situations that are hard to prove. With the collection of good data, these types of situations would be easier to track. Amy Weismann addressed the Committee next. She stated that she believes there is a lack of transparency on the part of the ICPD with regard to their immigration and customs enforcement policies. She spoke about how some municipalities have made the decision to not honor detainer requests that ICE issues. Community member Abubaker spoke to the Committee again, noting problems with health insurance and the Iowa Care program. Member Roberts asked for clarification of these issues, and Abubaker responded. Dorothy Whiston with the Consultation of Religious Communities addressed the Committee next. She stated that the most noticeable thing about this evening's meeting is the lack of African Americans. She stated that the Consultation has made a commitment to be a part of such issues, having undertaken the task of fielding complaints from members of the community over such issues. She shared that the Consultation has committed resources for a program that can help families get established and successful in their community. Whiston finished up her comments by suggesting the City Council take a comprehensive look at all of its policies and practices for racial inequalities. Royceann Porter of Iowa City spoke about her recent experience with the ICPD and how well the officers handled the situation. She stated that she would like to know more about what things are under an officer's discretion. Porter stated that in September the neighborhood held a program about `knowing your rights and responsibilities,' and that it helped people to understand what is expected of them and how the ICPD will respond to things. Member Roberts then spoke to what Whiston had said about the lack of youth present at this evening's information gathering. She added that the age group they are talking about would most likely not be comfortable sharing their experiences in this type of setting. Member Coulter then reiterated to those present that the Committee is there to listen to their concerns and that no one should feel uncomfortable. Bob Elliott returned to the microphone, stating that he does believe the community has a responsibility to provide an orientation for those coming to town, but that it is a two -way street. Elliott explained that those who come here need to seek out this information in order to become familiar with the customs, etc., of Iowa City. Ad Hoc Diversity Committee, November 15, 2012 Page 4 Abubaker spoke again, asking if the Spanish community could have a translator when dealing with the ICPD as this would help them to understand what is being said. Roberts followed up with the comment that communication, whether a language barrier or something else, certainly appears to be a problem. Townsend added that another area of concern is consistency and how the law is applied. Roberts stated that the Ad Hoc Diversity Committee is considering having more than one public forum, such as this one, in order to get all populations involved and to make sure that all voices are heard. The Committee wants to have a clear picture of where the problems and concerns are. Other Members spoke briefly, with Botchway inviting anyone wishing to speak to do so, and stating Committee Members will be available no matter what time it gets to be. Botchway noted the meeting was posted until 8:00 p.m. He asked for the community's thoughts on how these issues could be addressed. Community member Sherry Christoffer asked if the issues tonight go beyond the immigrant community and into the disabled community as well. Botchway assured her that they do. Coulter reiterated that all issues are of concern and that the Committee will be happy to listen to whatever she may have to say. Porter spoke again briefly about the Spot, a place where those in her community gather, as being a good place to hold a forum such as tonight's. She noted that many in her community don't have transportation and would need childcare, both of which would not be issues if a forum were held there. Townsend and Coulter spoke to this idea briefly, noting how intimidating it can be for some people to get up in front of others and speak at a microphone. Roberts then asked Porter how the bus route changes have been for her neighborhood. Porter stated that things were working out well. Iowa City Public Library teen librarian Jason Paulios spoke about how well the bus route changes must be going. He stated that he used to have a computer lab full of kids who were downtown waiting for the bus. Now with the changes he has seen a huge drop in attendance. Sullivan spoke again to the committee, suggesting they consider holding a public forum at one of the high schools, for example. Christoffer also addressed the Committee again, asking if they would have listening post times, similar to what City Councilors do, where the public can meet with them and share concerns. CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND /OR DOCUMENTS: Botchway asked for a motion to accept correspondence received at the forum. Vanden Berg made the motion to accept correspondence from Karen Kubby, Renee Speh, and Gerald Partridge. Roberts seconded the motion. The motion carried 6 -0; Massey absent. Ad Hoc Diversity Committee, November 15, 2012 Page 5 ADJOURNMENT: Botchway asked for a motion to adjourn the meeting. Coulter made the motion to adjourn the meeting. Bakhit seconded the motion. The motion carried 6 -0; Massey absent. Ad Hoc Diversity Committee, November 15, 2012 Page 6 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Kev: X = Present O = Absent O/E = Absent/Excused NM = Not a Member TERM o 00 NCO a a co o o N CD NAME EXP. co C a N) co W cn Donna 03/10/13 O/ X N N N N N N N N Henry E M M M M M M M M Cindy 03/10/13 X X X X X X X X X X Roberts Joan 03/10/13 X X X X X X X O/ X X Vanden E Berg Bakhit 03/10/13 X X X X X X X X X X Bakhit Kingsley 03/10/13 X X X X X X O/ O/ X X Botchway E E Orville 03/10113 X X X X X X X X X X Townsend Joe Dan 03/10113 X X X X X X X X X X Coulter LaTasha N N N X X X X X O/ O/ Massey M M M E E Kev: X = Present O = Absent O/E = Absent/Excused NM = Not a Member Ad Hoc Diversity Committee, November 19, 2012 Page 1 2b(3) MINUTES FINAL AD HOC DIVERSITY COMMITTEE NOVEMBER 19, 2012 HARVAT HALL IN CITY HALL, 4:10 P.M. Members Present: Joan Vanden Berg, Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr., LaTasha Massey Members Absent: Kingsley Botchway II, Bakhit Bakhit Staff Present: Dilkes, Karr, Markus Others Present: Charlie Eastham, Catherine Pugh, Joe Treloar INTRODUCTIONS: Co -Chair Roberts began the meeting at 4:10 P.M. by asking those present to introduce themselves. POLICE CITIZENS REVIEW BOARD (PCRB) DISCUSSION: Roberts briefly explained to tonight's guests what the Committee's charge is and that they hope to gather information about the PCRB as they work on their recommendations for Council. She noted that some of them are familiar with the PCRB, but that they all would like to have some more background on the PCRB. Catherine Pugh, PCRB Legal Counsel, began with a brief overview of her time with the PCRB, which began in 1996. She explained her position as counsel to the PCRB and how she is there to answer any legal questions for the Board. Pugh noted that since its inception the Board really has changed quite a bit, as have the complaints. In the early years there were more complaints, according to Pugh. Pugh noted that everyone should have a copy of her memo from the PCRB's community forum back in May. She stated that she would be happy to answer any questions regarding this. Board Chair Joe Treloar spoke next, stating that he started in law enforcement back in 1975. He stated that he has felt it to be an honor and a privilege to serve on the Board. Coulter asked for clarification from Pugh on the change in complaints — the content, the substance, or even the types of complaints. Pugh stated that one of the things she has noticed lately is what the public understands is an officer's role. The Board has discussed this recently and has seen a need for people to know what their rights are if approached by a police officer and how they should respond appropriately. Roberts stated that one issue heard about several times at the Ad Hoc's recent public information gathering session had to do with communication. She asked if the PCRB's complaints tend to be from new citizens to the community or from long -time residents who have perhaps never had previous dealings with the police. Pugh stated that they typically don't have that information, but she agreed that in many instances it comes down to a lack of understanding. She added that respect on both sides is important as well during these situations. Ad Hoc Diversity Committee, November 19, 2012 Page 2 Treloar shared that he was fortunate enough to attend the Citizen's Police Academy approximately two years ago. He explained that annually the four local law enforcement agencies in the area combine efforts for the police academy. At the academy the police explain exactly what it is they do and why they do it the way they do, helping to shed some light on the policies and practices of law enforcement. Members spoke to the communication issue between police and the citizens of the community. Coulter noted how cultural sensitivity may be helpful in these dealings. Treloar briefly explained the procedure for complaints, how the Board turns the complaints over to the Police Chief for investigation and review. Townsend asked if there has ever been any discussion by the Board about taking the Chief out of the process, to not have the police `policing' themselves. Pugh explained why the process is set up the way it is when investigating police misconduct. The Chief has the ability to compel his officers to take part in an investigation, whereas an outside investigator could not. The officer could use his Fifth Amendment right against self - incrimination and the Board would have no way to compel his testimony. The Board also does not have the right to recommend any discipline on an officer accused of misconduct. Pugh noted that according to Iowa State laws, this was the best way to form this Board and to allow for thorough investigations by the Police Chief. Roberts asked Pugh for some clarification on what she meant by "that's how the ordinance was written." Pugh explained that back in 1997 when the PCRB was enacted they had to create the whole thing from scratch — how to fit everything in according to federal and state laws. What they came up with is the current PCRB's makeup. Pugh then responded to Members' questions, further explaining how an outside (investigative) party would have less rights in acquiring information from an officer than the Chief of Police would. By setting up the Board as they have, this allows the Police Chief to give the Board a better understanding of the situation at hand. Treloar noted that he keeps hearing that the police are policing themselves, and that he does not believe this to be true. He explained that there is a State's Ombudsman's office that investigates complaints against public employees, and also the Department of Criminal Investigation that investigates corruption complaints against police departments. Townsend attempted to further clarify his position, that there needs to be a revamping of the PCRB so that the police department is not a part of the complaint process. He believes they need to do a better job in educating the community so that they can understand why things are the way they are, show the public the advantages of this arrangement. Massey asked how much training the Police Chief receives in regards to the PCRB and the complaints they process. Pugh stated that they look at the accreditation policies of the ICPD and she has seen a section about cultural sensitivity in there. She added that this would be a good question to ask the Police Chief in regards to officer training. As for the PCRB, she noted that there is no special training for members, just a basic orientation of what the PCRB does. Coulter then brought up a hypothetical situation, asking where the line is as far as what is investigated internally and what is investigated externally. Pugh responded that any allegation of criminal conduct on the behalf of a police officer would warrant such an investigation. He continued to ask Pugh what situations are considered criminal. Dilkes interjected at this point, commenting on some of what she has heard this evening. She spoke to comments regarding the use of an outside agency to perform an investigation, but noted that until a criminal act is uncovered this is not going to happen. She then spoke about those Ad Hoc Diversity Committee, November 19, 2012 Page 3 things that would be a violation of one's Constitutional Rights, but not necessarily criminal in nature. Massey then stated that she wanted to clarify the comment made earlier where it was said that the PCRB is representative of the demographics in Iowa City. She stated that she wants to be clear that just because someone is African American does not mean that they are going to understand specifically all of the historical aspects as everyone has had different experiences. Townsend added that he believes one area they should address is training. He gave the example of the recent story in the Press - Citizen concerning a legal situation between the Police Chief and a member of the PCRB. He noted that the Police Chief made the statement that the member should resign from the Board. He stated that he believes there needs to be training in terms of protocol in order to avoid situations such as this. Pugh agreed, stating that this was indeed a situation of poor judgment by the Chief, but that the member is still active with the PCRB. Townsend responded that this situation sent a message to the black community of intimidation — if you go against the police, they're going to get you! He added that perhaps the Chief did not mean for this comment to be taken this way, but that once it's out there — it's out there — and the public believes that's what it was. Markus added that he remembers this situation clearly, and that the Chief has no part in choosing members for the PCRB or recommending replacements. This is the City Council's decision. Townsend continued, stating that he is glad they have the PCRB, especially during times of crisis. However, if the community does not trust the Board to begin with, it will never work well. He believes they need to be proactive in dealing with these issues. Pugh stated that the Board wants to do a good job, and they do that by following the rules set forth by the laws that govern such a body. Markus then spoke briefly to the reason for the PCRB's inception to begin with. It began with a community crisis, and much of the success or failure of the PCRB is based on trust with the community. He questioned how they would run the PCRB without being able to have the Chief compel his officers to give testimony. He stated that what they need is a better way to handle the whole situation, but that it has to fit the laws and rules in place, that this is where their hands are tied. Treloar stated that he sees the PCRB as being a very proactive board. They are involved in the complaint process and take the concerns of the community to the police department. He added that the ICPD is accredited, which is no small feat, and that going before the National Accreditation Board takes a lot of work. Things like cameras and microphones in the police cars shows the transparency and accountability that the ICPD takes seriously. According to Treloar, officers do go through culture competency training, and having the PCRB sends the message to the ICPD that if they are not acting appropriately in their job, there will be questions. Treloar stated that Iowa City is one of very few cities with an accredited police department. He also stated that having the public forum is a way for the public to voice their opinions and concerns about the ICPD, and that the ICPD listens to those concerns. Townsend responded to Treloar, stating that education is not only needed for the officers, but for the public as well. He shared a conversation he had recently with a young man and stated that it was fairly obvious in the first five minutes that the young man needed to be reminded of respecting authority. Townsend noted that he told the young man that he should respect authority — that he does not have to like the police officer but he needs to respect the badge. Ad Hoc Diversity Committee, November 19, 2012 Page 4 Treloar stated that many times he sees a situation where the police causing problems with the public are also the ones the other officers are having problems with. The good officers don't want to have to deal with the problem ones — they just want to do their job and go home at night. The conversation turned to training and what type of training is needed. Townsend stated that the first step, he believes, in training is to remind the officers of the `to serve' aspect of their job. He then shared information about a program recently at the Spot in Iowa City. There were two officers present — one that is assigned to the area normally and the other was part of the program that evening. Townsend stated that he watched how the officer interacted with the youth who were present and it was obvious that there was mutual respect going on. Roberts then turned the conversation to the charges before the Diversity Committee, one being to look closely at the PCRB and how it functions, and to ultimately make a recommendation to the City Council on whether or not change is needed. She asked Pugh and Treloar if they have seen problems with how the PCRB functions and if they have suggestions for changes. Pugh responded that the PCRB had discussed having a member present at the complainant interview with the Police Department. She explained how once a complaint is received and given to the Chief, the PCRB does not see it again until the investigation has been completed and the final report compiled. She further explained how the complainant talks only with the police and not with anyone connected to the PCRB prior to the Chief's report being submitted to the Board. Roberts stated that she could understand this, that if the complainant was able to speak to someone other than the police they would feel they have been listened to. Roberts asked why this aspect of the complaint process has not been used. Dilkes responded that it has never been contemplated before, but that she agrees with Pugh in having more PCRB involvement in the initial investigative stage. Roberts stated that the perception really is that the police are investigating themselves, and that this has been a recurring theme heard from people. Dilkes noted that the complainant can bring someone with them when they speak with the investigating officer. Markus added that a complainant can also decide not to be interviewed and that they often do. Dilkes further clarified how the interview and investigative processes unfold. Townsend asked how many complaints are received each year. Pugh stated that it varies, but approximately five per year. Townsend asked if the City Manager shouldn't be part of this process, as well, and Pugh responded that the City Manager is part of the investigation only if the complain is against the Chief. Townsend stated that what he is trying to figure out is a way to have someone other than the police involved in this complaint process. The conversation centered on having the City Manager becoming more involved in this process. Coulter stated that what he is hearing is that the credibility and legitimacy of the PCRB could be improved by having someone such as the City Manager, or a Member of the PCRB, or someone in a similar role, become a regular part of the investigatory process. Vanden Berg correlated how the School District handles similar situations, and that having another party involved can help to keep the right perspective. Markus and Massey spoke to the disproportionality issue on arrest data in the Iowa City area. Markus stated that he believes the PCRB should be at the County level, and that all of the law enforcement departments in Johnson County should then be subject to it. He briefly explained how this might work. Markus stated that he believes by doing Ad Hoc Diversity Committee, November 19, 2012 Page 5 this it would relieve some of the pressure off the ICPD officers, as they are the only ones in the area that go through such scrutiny due to having a PCRB. Treloar and Markus spoke to how having the cameras and microphones in police cars can help to solve many of these problems, and the PCRB has asked to listen to audio or to view video footage when they have felt the need to see things for themselves. Having these tools goes a long way toward the transparency the department is trying to achieve. Townsend spoke to the importance of public perception, and how this needs to be seriously looked at. Having the City Manager involved in the complaint process, in his opinion, will add balance to the mix. Treloar noted how important community involvement is for law enforcement, that the one -on -one goes a long way. He then shared a story about his first experience as a law enforcement officer; and spoke about the trust that this small department had with the community, and how now it is referred to as `community policing.' Having outreach centers within the community is important as well, as it allows a closer relationship between the community and the police. Roberts asked if anyone had any more information to share or any more questions for the PCRB members. Coulter thanked them for their input, stating that it has been very informative in his opinion. He believes they have a better understanding now of the PCRB. Dilkes quickly ran down the list of possible recommendations that have come from this conversation: changing the ordinance to have a PCRB member participate in the non - officer (complainant) interviews; and to have the City Manager participate in the officer interview. Dilkes also raised a possible concern if the PCRB member participate in the interview would be conflicted in further PCRB deliberations. Roberts then asked Pugh if there is someone who gives some guidance to a complainant about what they need to do in this process. Pugh stated that the complainant does receive a pamphlet with much of the information of what to expect, length of time, etc. Karr added that many times a complainant will either stop by or call her office several times, to get information, before they actually follow through with the process. Karr explained how her office deals with these issues, most of which are phone calls. People are told where they can pick up a complaint form if they do not wish to come to City Hall. Dilkes reminded everyone that the PCRB does have the discretion of doing a full -blown investigation of their own, should they chose to. Karr noted that once the report is received from the Chief, the PCRB decides the next level that they wish to take the complaint to. This may involve asking for more information from the Chief, such as the video and audio files, or it may involve asking the complainant to come in and meet with them. The one thing an outside investigation could not do is speak with the officer named in the complaint. Roberts asked Pugh if she had any other ideas for change within the PCRB and the complaint process. The discussion then centered on the need for the PCRB to have more direct interaction with a complainant, especially in those initial contacts. Members spoke to the pros and cons of making such changes and how perceptions can be greatly changed with some minor changes. Karr and Markus responded to Members' questions and concerns. It was noted that the name of the committee — Police Citizens Review Board — has been the topic of several discussions. There have been discussions about changing the name to show more of a `citizens police review board' presence. Ad Hoc Diversity Committee, November 19, 2012 Page 6 INFORMATION GATHERING SESSION DISCUSSION: Roberts asked if anyone had any general comments to make about the recent public information gathering session. Vanden Berg stated that she believes this forum was a good start but that they need to get more `grass roots.' Townsend stated that he was a bit concerned with the African American turnout being so low. He believes they may want to consider having a forum at the Spot. Vanden Berg stated that she will look into this and see what type of parental consent would be needed in order to hold these forums at the high school level, for example. Karr spoke about how they might want to approach forums at the school level and ways to perhaps use smaller groups. Vanden Berg stated that she would check with the School District on this to see what they would need to do to hold a forum and will get it to everyone by the next meeting. Members then spoke about various places in the community that they should consider as places to host more forums. Family nights at various places in town was one suggestion for more input. Massey asked if when they are out in the community at events if they can talk to people about this and bring back information to the Committee when they hear something from the community. Massey made some suggestions for the next flyer, stating that they should be asking the public to `share their concerns' with them. Some location ideas that were shared include Mercer Park, the Hy -Vee meeting room, the trailer park community room, Shelter House, and the Spot, and high schools. Karr asked Members to take a look at their schedules prior to the next meeting so that perhaps they could come up with several days and times for additional input sessions. Vanden Berg reiterated what she will be looking into with the School District, and she and Karr will come up with some type of draft questions for the next forums. Everyone agreed to look at their calendars and to be prepared to give some dates and times for this. Roberts asked if Members would perhaps make note as they review the forum transcript of any issues that might become part of their recommendations to Council. She noted that she was making some notes during the forum. Townsend then spoke about the forum and what he took away from it. Issues such as transportation and adding routes, tearing down silos, looking for grant money to help expand transportation. Markus added that he believes some of the larger employers may help with transportation issues as well. TENTATIVE MEETING SCHEDULE: December 3, 2012, is the next meeting date. PUBLIC INPUT: Charlie Eastham spoke about the PCRB process and gave his thoughts to what the Committee heard this evening. ADJOURNMENT: Roberts moved to adjourn the meeting at 6:00 P.M. Townsend seconded the motion. The motion carried 5 -0. Ad Hoc Diversity Committee, November 19, 2012 Page 7 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Key. X = Present O = Absent O/E = Absent/Excused NM = Not a Member TERM o C C o ao CO o NAME EXP. (0 C CT N Donna 03/10/13 O/ X N N N N N N N N N Henry E M M M M M M M M M Cindy 03/10/13 X X X X X X X X X X X Roberts Joan 03/10/13 X X X X X X X O/ X X X Vanden E Berg Bakhit 03/10/13 X X X X X X X X X X O Bakhit /E Kingsley 03/10/13 X X X X X X O/ O/ X X O Botchway E E /E Orville 03/10/13 X X X X X X X X X X X Townsend Joe Dan 03/10/13 X X X X X X X X X X X Coulter LaTasha N N N X X X X X O/ O/ X Massey M M M E E Key. X = Present O = Absent O/E = Absent/Excused NM = Not a Member Ad Hoc Diversity Committee, December 3, 2012 MINUTES FINAL AD HOC DIVERSITY COMMITTEE DECEMBER 3, 2012 HARVAT HALL IN CITY HALL, 4:00 P.M. Page 1 2b(4) Members Present: Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr., LaTasha Massey, Bakhit Bakhit, Kingsley Botchway II (arrived 4:25) Members Absent: Joan Vanden Berg Staff Present: Dilkes, Karr, Markus Others Present: Charlie Eastham (left 5:15) REVIEW MEETING MINUTES: Co -Chair Roberts began the meeting at 4:10 P.M., noting that they have several meeting minutes to approve. She stated that she would like to use the minutes to pull ideas for possible recommendations as there were quite a few ideas shared that they had noted would be good. She would also like to have other Members' ideas and comments as they go through these. Coulter moved to approve the November 13, 2012, meeting minutes as submitted. Massey seconded the motion. The motion carried 4 -0; Botchway, Townsend, and Vanden Berg absent. Next the minutes of the November 15, 2012, public forum were discussed. Roberts noted that they will have a more detailed discussion of this meeting, and that this is approval of the minutes only. Massey moved to approve the November 15, 2012, meeting minutes as submitted. Bakhit seconded the motion. The motion carried 4 -0; Botchway, Townsend, and Vanden Berg absent. The November 19, 2012, meeting minutes were the last to be reviewed. Coulter moved to approve the November 19, 2012, meeting minutes as submitted. Massey seconded the motion. The motion carried 4 -0; Botchway, Townsend, and Vanden Berg absent. INFORMATION GATHERING SESSION DISCUSSION: Roberts began the discussion by noting that there were some very specific ideas and topics, many heard several times. She noted that in looking through her own notes from that evening, she had written down items such as transition topics of new residents and orientation; orientation via neighborhood meetings; language barriers; policies of charging juveniles; rights and Ad Hoc Diversity Committee, December 3, 2012 Page 2 responsibility of incoming new residents; and consistent communication under an array of several topics. Townsend spoke to transportation issues, and the need for better service for Kirkwood students, for example, and Sunday service. He questioned if there are grants that would help to cover this type of service. He also questioned working with other transit systems and seeing how they might work together to provide these increased routes. Coulter spoke to the transportation issue, as well. Townsend asked if the various transit systems have worked together in the past. Markus replied to this, stating that there is quite a bit of communication between the transit systems in the Iowa City area. He also suggested that for Sunday service they need to find some way of being more flexible. He spoke to fixed routes and whether they would have enough ridership for this. Townsend spoke to the cost issue, stating that they may want to get Kirkwood involved in regards to more direct student routes, and even Coralville on extended services. Roberts asked Markus if they as a Committee could make a recommendation to the Council that talked about working with Kirkwood, for example, to address their student transportation issues. Markus noted that they certainly could do this, that with the information they have gathered from the public this would be a recommendation with a solution. Bakhit spoke to communication issues with Police Citizens Review Board. Markus responded that one of the unique things about the City is the Human Rights Department with two full -time people on staff. He noted that many times he has heard that it can be difficult to get people to report such issues, but that perhaps with some type of public relations they could make this process less scary for the public. Members spoke to this issue, noting that they are aware that different parts of the community respond differently, and the need to let each part of the community know that they can safely report discrimination or make a complaint. Botchway stated that one possible recommendation for Council is not just outreach that the City provides but use organizations that are already in place, such as neighborhood associations. By pushing outreach through them, they could address the needs of the community in that particular area. This also reduces that fear of having to go to City Hall and making a report. A report could be taken in the community, with the information then going back to City Hall for review. Roberts stated that one of the things she noticed at the public forum was people saying, "I wish I could have known," and "I wish I understood." She noted that some of these things were very simple, basic things, but without some type of orientation to the community these new citizens are not necessarily going to know these things. Townsend spoke next regarding what he took away from the public forum. He sees the issues as distrust of the PCRB; a feeling that the police are policing themselves; a need for education; the issue of a complainant not wanting to meet with the Police Chief when the invitation is extended. He shared some of his ideas about how they might address such issues. First the issue of who can and cannot be present when an officer is interviewed. Townsend believes that the City Manager should be a part of this interview, as well. Next the issue of having a Member of the PCRB meet with a complainant and the Chief was discussed. Townsend then suggested that when a citizen files a complaint that it be sent to the Human Rights Department first. This way HR could extend an invitation to the complainant, letting them know that they can attend interviews with them, etc. This could help to put the person more at ease. Ad Hoc Diversity Committee, December 3, 2012 Page 3 Karr then asked Members to look at page 43 of their packets, where they will see a proposed list of recommendations. She noted that this is just a worksheet for the Members to use as they work toward developing their recommendations. The discussion continued with Members asking general questions of Karr and Dilkes on some of the listed information. Markus and Dilkes noted that with the distrust issue, perhaps having HR involved in this would help to take away that distrust with the police and the feeling that they are policing themselves; and give the complainant the education they need to understand the complaint process. Townsend spoke to why he believes the HR director should be involved in the complaint process. He believes the biggest problem is the complainant not wanting to meet with the police chief, that there needs to be someone else involved besides the police department. By getting people more involved in the system, Townsend believes they can get better participation. The discussion continued, with Members discussing the role of the HR director in the complaint process. Coulter stated that he believes having HR involved is a good idea, that it helps to address the issue of only having the police involved. Dilkes stated that if the Committee would make this a recommendation, staff would then need to work through the details of how it would play out. The Committee was reminded that they do not need to worry about the details of such an arrangement, that their charge has been to recommend ways to address these problems. Members continued to discuss the inclusion of the HR department, and how they believe this could help to make complainants more comfortable. Dilkes reminded Members that the current process are such that a complainant can have someone with them when they go to meet with the Chief or the investigating officer. However, this is the part that is so intimidating and by adding a PCRB member, perhaps the complainant would feel more comfortable at this meeting. Massey asked if there has ever been an exit survey done where they ask complainants what their experience was like. She stated that this would be a good idea to get some real data on how well people believe the system works. Coulter suggested that Human Rights be a part of this data gathering. Botchway stated that he was under the impression that the PCRB needed to be `pulled' away from the police, not lumped into the police department, with another department coming in to help. He stated that the view is that the PCRB has no power. Roberts noted that they asked PCRB Legal Counsel Catherine Pugh about this at the last meeting, and she suggested the option of bringing in a PCRB member earlier in the complaint stage. Massey asked if HR couldn't set up an initial meeting with the complaint, HR, and a PCRB member so they can educate the person from the start on what to expect in the process. This led members to discuss what would happen if there was not a Police Citizens Review Board and whether one is truly needed. Dilkes gave the members some more background on the process, reminding them that the officer being accused cannot be compelled to talk to the PCRB. By having the police chief and the city manager involved, they are able to compel the officer to speak with them. The suggestion had come up at the last meeting to have another entity involved in the process, such as the City Manager and /or HR, to help the complainant feel they have someone on their side as well. Townsend noted that he was the one who made the suggestion that the city manager be included in the process. He stated that he believes this would be a positive step toward improving trust between the citizens and the city. Karr then clarified that the current recommendation by PCRB Ad Hoc Diversity Committee, December 3, 2012 Page 4 is that a complainant be given the `option' of having a PCRB member during the interview with the police and not a requirement. Coulter stated that he likes Massey's idea of some type of tracking of the PCRB process and a possible exit survey. Understanding what the complainant felt like during the process could go a long way in knowing what needs to be `fixed' in the system. Botchway stated that he believes they should also look at term limits for PCRB. Massey suggested they set a two -term limit for members. She then asked about a racial impact survey that was mentioned previously by Whiston. Dilkes noted that there was some type of survey done within the City departments but that she is not sure about one being done with the public. Markus shared a recent call he received about a police complaint, how he reviewed the tape of the incident, and spoke with the Chief. He noted that there is the whole discussion behind how much discretion an officer has, and from his view of the facts, there was no problem. However, he noted that sometimes it may appear that the officer was unaware of his own discretion and options. This led to a discussion of how people can handle a ticket that they might receive from the police. Botchway spoke to an individual's rights and how this discretion by police makes it difficult to explain just what a person's rights are. Markus explained that discretion by an officer is needed, that each instance — such as jaywalking — may have a perfectly good reason for occurring. Without this discretion, police would have to ticket anyone who broke a law. Townsend stated that he believes in having discretion, but where he believes it is wrong is when that discretion is based on the color of someone's skin. Dilkes noted that they need to remember there is discretion and there is appropriate police conduct, such as when an officer makes a traffic stop. There are specific expectations that the City has of its officers while conducting such stops — that they conduct themselves professionally, that the stop is not based on race, ethnicity, etc. She noted that another expectation may be that officers have some appreciation for the culture of the community that they are dealing with. Massey asked how the officers would attain that appreciation, that she does not feel comfortable enough with the idea of annual diversity training addressing such an issue. The population in Iowa City is ever - changing, according to her, and she questions the information available to officers. Dilkes stated that having interaction with other cultures is typically the best way for officers to learn about them, not in a classroom setting. Massey continued to speak to the need for more formalized training for officers in cultural differences, suggesting even a monthly newsletter that gives information on new groups of individuals. Markus asked Massey what the County is doing in regards to diversity training. She stated that they now have a diversity committee that she is a member of. Botchway stated that a coming together with the various community groups will be crucial in this. For instance, getting information from the Coalition for Racial Justice might fill that need for more up -to -date training for the police. Roberts took the conversation back to the one -on -one contact between police and the community, and how this works so well when an officer can become an integral part of that area. She agreed that receiving `annual training' just does not get this type of learning across. Bakhit agreed that this approach would be much better and would allow these various cultures to better understand the city and the police and what is expected of the citizens. Building trust is important in giving and receiving this knowledge. Coulter agreed that it is a two -way street, that getting to this point takes time. Massey brought up the topic Ad Hoc Diversity Committee, December 3, 2012 Page 5 again of not expecting these subcultures to come to them for information, that they need to get this information, this education, out into the communities where it is needed. Markus stated that he cannot believe that any police department would not want to have a better relationship with their community. It makes everyone's life better if the relationship is a good one. Botchway added that the police and community leaders must have good relationships in order for the public to feel that trust. The discussion continued, with Dilkes stating that they need to perhaps come up with some recommendations that would address the issue of building relationships. She noted how the neighborhood associations work with neighborhoods, and how this type of mechanism might work here. Massey stated that the City might need to make a statement on their web site that this is a city concerned about diversity and that we are working to promote and to collaborate with our cultural communities about these issues, on a continual basis, and not just with the Ad Hoc Committee's tenure. Coulter stated that when it comes to the immigrant population, they need to remember that it is the individual's responsibility to adapt to their new environment, that they need to know what is expected of them and what public behavior is acceptable. Other Members responded, noting that both sides need to have that learning experience. Markus brought up the idea of working closer with the School District. He stated that the Mayor is very involved in this and that he himself has become involved as well. There needs to be more involvement in order to educate the students, as well as the general public. Roberts agreed, stating that she believes they definitely need to get schools more involved. TENTATIVE MEETING SCHEDULE: Karr suggested Members contact her about dates /times for subcommittee meetings, and she could prepare a schedule for review at the next meeting. Botchway asked if they could have a timeline showing what they want to accomplish. Karr stated that the Committee needed to give staff some ideas of what they to do with subcommittees and further public input sessions in order to prepare a timeline or schedule. Botchway would like to discuss this further at the next meeting. Coulter asked that the Committee Members look at the transcript from the public forum, especially the gaps, and also some of the `misquotes' he noticed. He questioned if the wording was verbatim or not. Dilkes noted that the transcript notes in the bottom margin that it is a `reasonably accurate recording of what was said.' Dilkes asked that Members get dates to Karr as soon as possible on these subcommittee meetings so they can move forward with planning this. Massey noted that Tuesdays work for her. Botchway asked Members to let Karr know by Wednesday what their January schedules are. Coulter added that he is available all of January. ADJOURNMENT: Coulter moved to adjourn the meeting at 6:00 P.M. Roberts seconded the motion. The motion carried 6 -0; Vanden Berg absent. Ad Hoc Diversity Committee, December 3, 2012 Page 6 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member TERM o 00 N O N N W NAME EXP. C° N Donna 03/10/13 O/ X N N N N N N N N N N Henry E M M M M M M M M M M Cindy 03/10/13 X X X X X X X X X X X X Roberts Joan 03/10/13 X X X X X X X O/ X X X O/ Vanden E E Berg Bakhit 03/10/13 X X X X X X X X X X O X Bakhit /E Kingsley 03/10/13 X X X X X X O/ O/ X X O X Botchway E E /E Orville 03/10/13 X X X X X X X X X X X X Townsend Joe Dan 03/10/13 X X X X X X X X X X X X Coulter LaTasha N N N X X X X X O/ O/ X X Massey M M M E E Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member Airport Commission October 18, 2012 Page 1 MINUTES FINAL IOWA CITY AIRPORT COMMISSION OCTOBER 18, 2012 — 6:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Jose Assouline, Howard Horan, Rick Mascari, Chris Ogren, Minnetta Gardinier Staff Present: Sue Dulek, Michael Tharp Others Present: Matt Wolford, Jeff Edberg RECOMMENDATIONS TO COUNCIL: (to become effective oniv after separate Council action): None CALL TO ORDER: Chairperson Assouline called the meeting to order at 6:00 P.M. APPROVAL OF MEETING MINUTES: Minutes of the September 20, 2012, meeting were reviewed. Mascari moved to approve the minutes of the September 20, 2012, meeting as submitted; seconded by Ogren. Motion carried 5 -0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION /ACTION: a. Airport Commerce Park — Jeff Edberg gave Members an update on the Commerce Park. He noted that a closing on two lots recently took place, and that he recently brought a group through that has an interest in four lots. He gave Members a brief history of the business, stating that they are from California. Edberg then responded to Members' questions, adding that this interested party hopes to make a decision by the end of this year. b. Fly Iowa — Tharp noted that this topic was put on the agenda so that they could continue the discussion on whether or not the Airport Commission would like to host this event in 2013. He added that he has had several conversations, both internally and with Chuck McDonald, about this, and the group is also open to 2014 if the Commission feels 2013 is too soon to plan for appropriately. Tharp stated that he believes they should wait until 2014 so they have more time to plan and fundraise. Mascari stated that he also agrees with Tharp, that they should wait until 2014. He added that he spoke recently to Mark Anderson, a former Airport Commission member, about Fly Iowa. Anderson is familiar with the event as he was in charge of it in 2001. Mascari said that Anderson would be happy to share his notes and files from the 2001 event to help the Commission in their planning. Gardinier weighed in as well, stating that she does not believe that 2013 is a viable option for them, and she questions if 2014 is, unless someone takes the lead on Z(5�) Airport Commission October 18, 2012 Page 2 it. Members then discussed their thoughts on who might be interested in helping them with such an event. Tharp stated that from the discussion this evening it is evident that the Commission is not going to be able to host Fly Iowa in 2013. He will let the Iowa Aviation promotion group know this. The discussion continued, with Members sharing their thoughts on whether Fly Iowa should be combined with another event or be held separately. Ogren asked if they should put a timeframe on making the decision for 2014. Members agreed to continue the conversation at the next meeting. c. FAA/IDOT Projects: AECOM — Tharp stated that he has some updates to share with the Commission as David Hughes is not present this evening. i. 7/25 Parallel Taxiway Grading & Drainage — Partial documents have been received on this project. Once the remainder is received this can be finished off. iii. 7/25 Parallel Taxiway Paving & Lighting — The contractor poured the first half of the middle segment of the taxiway last week, but weather this week has delayed pouring the second half. Plans are to do this in the coming week. Tharp then responded to Members' questions on this project and possible closure times. iii. Airport Electrical Rehab — The lights are installed, but there is one fixture that is not working properly. Tharp added that the rehab has gone well overall. iv. FY2014 FAA Funding Pre - Applications — Tharp shared a handout with Members, noting that the State and the FAA changed the process somewhat. Now they want to have the funding pre -apps submitted in November, which will give the FAA a chance to comment on the plan before it is sent to the State. Tharp briefly explained the FY2014 plan, noting that they want to move the Master Plan update to 2013. This would then lead into things like obstruction mitigation. The discussion continued, with Tharp clarifying for Members how some of the numbers were arrived at. d. Airport Operations — i. Strategic Plan- Implementation — None. iii. Budget — Tharp stated that he is looking into replacing the conference room carpet and finishing off the terminal building updates. in the terminal building. He has been working with Randy's Carpets, who did the bottom floor of the building, and the estimate is around $8,500. This would include flooring for the conference room, the vending room, and Jet Air's front shop office. Assouline and Mascari both agreed that they might want to put this project out for bids. Tharp stated that he could put this together for an RFP. Another budget issue, according to Tharp, is with leaking windows. He has had someone out to look at it and has been told that it is a window drain system issue. Basically the window needs to be removed and the problem fixed. The one estimate that Tharp has received is for $20,000 to remedy this problem. Members then discussed how they would like to proceed, agreeing that they need to take care of this before any more damage occurs. Tharp will move forward on getting this repair done. Tharp finished up by sharing that the FY14 budget was submitted after subcommittee approval. He shared a copy of what was submitted and asked that Members contact him with any questions. Tharp briefly explained the City's budget process and what they go through each year. Mascari stated that he would like to sit Airport Commission October 18, 2012 Page 3 down with Tharp and go over the budget items, such as 'towing,' and discuss whether these items need to be in the budget or not. Tharp responded to Mascari's questions and attempted to clarify why some of the line items are in the budget to begin with. Members questioned the vehicle replacement and vehicle repairs line items, with Mascari stating that he believes they should cut these amounts in half. Tharp stated that he needs to get further information for the Commission on these items in order to better explain the budget items and amounts. Gardinier spoke to the items, as well, further explaining how the budget amounts are 'place holders.' Mascari proposed that they take 50% of these questionable line items and put it towards the debt that the Airport is paying on. iii. Management — Gardinier asked if Tharp has had a chance to start visiting other airports now that he has gone full -time. He stated that he has not yet, but has every intention to do so. Tharp added that he has gotten the newsletter going again and hopes to do this on a quarterly basis. He also invited Members to submit either stories or pictures for upcoming issues. e. FBO / Flight Training Reports — i. Jet Air — Matt Wolford with Jet Air shared the monthly maintenance report with Members. The typical maintenance things, like mowing, have been taking place. He added that this month they have been doing more sweeping of the taxiway due to the construction. Wolford also shared that the self -serve hose has been replaced. This month they will also be doing a sump drain on the self -serve pumps. He then updated Members on light bulbs being updated to LEDs. Wolford noted that they plan to do some work on the fuel tanks due to some water. He briefly explained the filter system they have in place. Gardinier noted some areas that need to have some weeding done to them. Wolford stated that he would have his crew look into this. He then stated that things are still keeping busy for Jet Air. Their hangar is almost complete, and they hope to get their occupancy permit next week. Wolford continued, stating that they recently sent out a marketing brochure showing what the Airport has to offer. They have already gotten calls from several people referencing the brochures. Wolford asked if the Commission would look further into the issue of City buildings being able to have alcohol permits for events. Tharp stated that they need to come up with some regulations and then submit it to the Commission. Wolford asked if they could put this item on next month's agenda. ii. Iowa Flight Training — None. f. Subcommittee Reports — Mascari noted that he and Tharp met recently to discuss Economic Development and that they believe the exposure they have gotten so far with TV and mailings has been sufficient. g. Commission Members' Reports — Horan gave Members a brief rundown of his flight training to date. Gardinier stated that she hasn't flown much lately. EA Chapter 33 is having a meeting at the Airport the end of November, according to Gardinier, and she invited Members to attend. Ogren shared that they recently worked with Jet Air in getting their engine. She also noted some P -51 Mustangs they saw recently at the Airport during a game weekend. Mascari asked what the hangar wait list is like at present. Tharp explained that he has one unit he is attempting to fill. h. Staff Report —None. Airport Commission October 18, 2012 Page 4 SET NEXT REGULAR MEETING FOR: The next regular meeting will be Thursday, November 15, 2012, at 6:00 P.M. at the Airport Terminal building. ADJOURN: Horan made the motion to adjourn the meeting at 7:19 P.M.; seconded by Mascari. Motion carried 5 -0. CHAIRPERSON DATE Airport Commission October 18, 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 O O N O W O � O � O C`n O 0) O -A O OD N O NAME EXP. O —• N p N N N N N N N N N N N 03/01/13 X X X X X X X X X X X Rick Mascari 03/01/14 X X X X X X X X X X X Howard Horan Minnetta 03/01/15 X X X X X X O/ X X O/ X Gardinier E E Jose 03/02/12 O/E X X X X X X X X X X Assouline Chris X X X Ogren Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time PLANNING AND ZONING COMMISSION OCTOBER 18, 2012 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL APPROVED 2b(6) MEMBERS PRESENT: Carolyn Stewart Dyer (by phone), Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Tim Weitzel MEMBERS ABSENT: John Thomas STAFF PRESENT: Robert Miklo, Karen Howard, Sarah Greenwood - Hektoen OTHERS PRESENT: Jeff Miller, Ed Wasserman, Tom Bauer, Sue Forde, Mary Gilbert, Dale Eibes, Linda Howe 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. DEVELOPMENT ITEM REZ12- 00024/SUB12- 00010: An application submitted by Southgate Development Services for a rezoning to amend the Planned Development Overlay Medium Density Single Family (OPD -8) Plan to change townhouse style units to zero lot line dwellings and a preliminary plat for Cardinal Pointe South Part Three, a 32 -lot, 6.53 acre residential subdivision located at Camp Cardinal Boulevard, Ryan Court and Preston Lane. (45 -day limitation period:) Miklo told the commission that the applicant has asked for a deferral until the November 1St meeting of the Commission. He said they have not worked out the elevation drawings as discussed in the staff report and would like some more time to do that. Freerks opened public hearing. Freerks closed public hearing Eastham moved to defer the item until November 1st. Weitzel seconded. A vote was taken and the motion carried 6-0. Planning and Zoning Commission October 18, 2012 - Formal Page 2 of 11 REZONING ITEM REZ12- 00025: Discussion of an application submitted by Jeff Miller Construction, Inc for a rezoning from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for approximately 1.02 -acres of property located on 1 st Avenue, north of Rochester Avenue. (45 day limitation: Nov 10, 2012) Howard showed the Commission a map that shows the location and the RM -12 surrounding the subject property. She said this property sits adjacent to the Regina School Campus and directly east of their track and football stadium. She said this property is currently owned by the Regina Foundation who was holding it for future use. She said there was always discussion about using this property for a second means of access to the Regina campus because during peak time when school is beginning and when it's letting out, there is quite a bit of traffic congestion in this area. However, Regina has determined that they no longer have need of the property and put it up for sale. She said they have an accepted offer from Mr. Miller who would like to rezone it to Low Density Multi - Family (RM -12) and intends to build 16, 2- bedroom apartments. Howard said because Regina holds this property it is zoned RS -5 and the school itself is zoned single family. She said in the single family low density zone, schools are allowed by special exception. Howard said the Comprehensive Plan illustrates the property as appropriate for private institutional use, acknowledging the private ownership by Regina. She said it was assumed at the time they drafted the Plan that Regina would continue to hold the property for the foreseeable future. She said the existing RS -5 zone would allow a few detached single family home lots on the property but with frontage along a major arterial street, additional driveways associated with single family homes would be problematic. Howard said in the Comprehensive Plan when there's an existing church or school, it is acknowledged on the Comprehensive Plan map but also acknowledged that if something changes with a church or a school, that it is appropriate to rezone the property to something that's similar to what's in the area. Howard said the property is not large enough for another institutional use to locate on the subject property. She said that staff finds development of the property for multi - family use would be consistent with the surrounding residential uses, the surrounding multi - family zoning pattern, and with the multi - family designations indicated on the Central District Plan map for all the adjacent properties along 1 st Avenue. She said it fits in with other housing in the area, and the required forty foot arterial street setback for the proposed building will help mitigate any kind of height difference between the one -story duplexes across the street and the new building. She noted that the maximum height for buildings in single family zones is the same as in the low density multi - family zone; 35 feet. Howard showed the Commission concept plans the applicant has submitted. She explained that it will have to go through design review because it's in the Central Planning District so staff has informed the applicant that there are aspects of the proposed building and site design that will likely have to be modified to meet the Central District Multi- Family Design Standards, but those changes can easily be accomplished on this site. Howard said the applicant is proposing to have one driveway off of 1 St Avenue on the north end of the property. She said the driveway would access a lower level garage within the building. She said there would be additional parking spaces outside to the north along the drive to accommodate additional tenant parking needs and visitor parking, which will be important since there is no on- street parking in this area. Planning and Zoning Commission October 18, 2012 - Formal Page 3 of 11 Freerks asked if there would be enough parking available on the lot for three - bedroom units. Howard said in the RM -12 zone the parking requirement for three - bedroom units is the same as for two- bedroom units, so no additional parking would be required. Howard showed the Commission photos of different views of the neighborhood. She said the property does slope up toward the Regina athletic fields but that it doesn't have as much slope as many of the neighboring properties so it's not quite as hard to develop as some of the other applications the Commission have reviewed in recent years for development along 1 st Avenue. Howard explained that the proposed building would have the parking level cut into the slope. She said the applicant is aware that they will have to delineate slopes on the property prior to their site plan review. She said they have been working with an engineer. The applicant's engineer doesn't believe disturbance of the slopes are going to be significant enough to trigger a planned development rezoning. However, Howard noted that the staff have cautioned the applicant that if at the time the site plan is submitted that disturbance exceeds the threshold of the sensitive areas ordinance, they would have to go back through the planned development process. The applicant indicated that they are fairly confident that it won't meet that threshold so are will to take the risk and go forward without full delineation at this time. Howard said staff has received a lot of correspondence regarding the traffic implications of this project so staff asked the transportation planners to look carefully at the collision history for this area, particularly near the park access. She read from the traffic engineers memo, "1St Avenue currently carries about 7800 vehicles per day. The corridor currently operates well under capacity for a two -lane arterial street which can carry 15,800 vehicles per day. In other words, traffic in this corridor could more than double before it would be considered congested from a traffic engineering perspective. Existing traffic volumes on First Avenue are not unusual for a two -lane arterial street." She said the traffic planners give several examples of other local residential two -lane arterial volumes as a comparison. The proposed multi - family development would generate approximately 112 trips per day (7 trips per day per unit). This represents a very small percentage increase in total traffic volume on First Avenue and can easily be accommodated from a roadway capacity standpoint. Staff also investigated potential driveway locations for adequate sight distance and checked the collision history at the access to the Hickory Hill Park parking lot (which borders the north end of the property and has similar sight lines). There have been no reported collisions at this location in the past five years. From a sight distance perspective staff determined an access point at the north end of the property is preferable, given that it would be nearer the bottom of the hill and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal curve which would increase overall sight distance for motorists. Staff believes that an access point at this location would provide the best sight distance and safety for motorists on First Avenue. Staff recently conducted PM peak hour observations of southbound left- turning movements on First Avenue at the intersection of Hickory Trail. These observations were performed due to resident concerns with excessive left -turn delay due to traffic volumes on First Avenue. Staff found that southbound left- turning traffic had no more than an 11 second delay to begin the turning movement onto Hickory Trail. This is an acceptable level of delay from a traffic engineering perspective. Based on the information provided, staff finds that the proposed development will not have a significant impact on traffic congestion or safety on First Avenue. Howard said she has received a lot of correspondence about the speed on the hill of 1 st Avenue, so she asked the traffic engineers about that. She said sight distance in this location is quite good in both directions so even though there are higher traffic speeds reported on the hill, it Planning and Zoning Commission October 18, 2012 - Formal Page 4 of 11 doesn't change their assessment of the safety of this location for a driveway. Howard said staff finds that the requested rezoning is consistent with the zoning pattern in the area and finds that the change from a potential use of the property for Regina's institutional campus to a multi - family use is not inconsistent with the intent and overall housing policies of the Central District Plan She also noted that if Regina had used the property for a driveway access, there would have been significantly more traffic using this property than if it was rezoned and used as residential. She said the multi - family site development standards and the required design review process will help ensure that the subject building fits into the context of the site and the neighborhood. She said staff also recommends that a minimum twenty -foot buffer landscape area be provided between Hickory Hill Park and any paved or developed area of the site and that a detailed landscaping plan be submitted at the same time the applicant submits documents for the design review. She said staff would also like to add a condition to the recommendation that the driveway be located on the north side of the property and that the development be generally consistent with the site layout as shown on the conceptual site plan submitted with the application. Freerks asked if the landscape buffer on the concept plan works here. She said she thought it looked a bit shy of the north property line. Howard explained that the applicant has not submitted an actual landscaping plan, but that it would be required when the applicant applied for design review. Freerks said staff is talking about substantially complying with the submitted conceptual site plan, but it doesn't look like it has the buffer that is necessary. Howard said she doesn't know if it does, but the condition about substantially complies with the site layout is more about the building and driveway location. Weitzel asked at what point would the City decide to paint lines on an arterial street a certain distance from the curbs to mark the outside of the travel lane. Howard said she doesn't know if there is a plan to do that. She said this is the typical width for a two -land arterial. Weitzel said he thought paint or vegetation might be something to be considered down the road that might in theory help to slow down traffic. Howard said they can talk to the transportation planners about this but other than more enforcement, she's not sure what can be done about the speed on the hill. She said the transportation planners caution that the speed should be considered separately from this application because this application for a rezoning and the building that's planned will have no effect on the speeds. Swygard said her neighborhood association has worked with the traffic studies to advocate for her neighborhood regarding the kinds of lines that Weitzel spoke of and she said she would encourage the neighbors in this area to form a neighborhood association if they don't have one, and some of these concerns can be addressed through that avenue. Eastham asked if there were any associated recommendations to amend the Comprehensive Plan with this parcel. Planning and Zoning Commission October 18, 2012 - Formal Page 5 of 11 Howard said the City made a decision in all its Comprehensive Plans to acknowledge when there are institutional uses on a property. She said if institutions sell their property or discontinue operation, it makes sense to have the property be similar to the neighboring properties, and staff feels that with the zoning pattern in the area being all RM -12 and the Comp Plan Map showing all property except this property as appropriate for multi - family that an amendment to the comprehensive plan is not necessary. Eastham said he wasn't necessarily advocating for a change in the Comprehensive Plan but did want some record of why they aren't changing it in this case. Eastham said although he realizes that traffic is a separate issue, he thinks it bears upon whether there is adequate infrastructure for this kind of a land use in this place and he asked if the traffic engineers looked at collisions along 1 St Avenue from Rochester down to the bottom of the hill. Howard said there have been zero collisions in the location where the driveway is proposed. She doesn't think that the collision history at the top of the hill at the intersection of 1St and Rochester was included when analyzing the safety of this particular driveway, given that the driveway as proposed would have little bearing on the safety at the intersection at the top of the hill. Eastham said he thought the transportation planners were referring to the intersection of Hickory Hill Park and 1St Avenue. Howard agreed. She said the area the transportation planners looked at was the bottom of the hill to determine the safety of the proposed access to the property under consideration. She also noted that multi - family buildings are often located on arterial streets because arterial streets are built to handle the traffic for these types of uses. Freerks opened public hearing. Jeff Miller, the applicant, of 308 E. Burlington St. Iowa City, said they hope to sell the 16 unit two - bedroom, two- bathroom condos they propose to build. He said they hope to have close to 39 parking spots, and that can be improved or increased as needed. He said what made the property so attractive to him was the location. He noted that the Regina Foundation had a fifty foot easement along the north property line of the property since 1994 to keep the option open to use this as a second means of access to their campus. He said Regina wanted to keep that easement when they sold it to him so they would keep open the possibility for future access, but they finally agreed to vacate the easement if the applicant purchased the property. He said if they don't buy the property, the easement will still be in place and they could use it for a new access point for Regina. He said they want to have a building that looks nice and fits into the neighborhood, and they want a building that will be high quality and maintain its value into the future. He said their concept plan was drawn before the issue of the twenty -foot landscape buffer from Hickory Hill Park came up, but he noted that it would not be an issue for them to provide that landscaped buffer. He said they want a building that doesn't look big and blends in with the hill, and they want the majority of the parking underneath the building. He said if you were to compare the RS -5 and RM -12 zoning you could put seven 3 or 4- bedroom townhomes on that property the way it's zoned now. He said with three cars being typical of a unit that size, the number of cars won't vary much as far as the impact of people going in and out. Miller said the other advantage of multi - family over single family is that there will be room to turn around and you won't have to be backing out onto 1St Avenue from individual driveways. Planning and Zoning Commission October 18, 2012 - Formal Page 6 of 11 Ed Wasserman of 555 N. 1St Avenue wanted to know where the easement was that the applicant referred to. Howard pointed on the aerial map where the 50 -foot easement is located on the north side of the property. She said this is the easement that Regina Foundation had wanted to reserve for their use in the future, but that they have now agreed to release if the applicant purchases the property. Wasserman asked how far the building could be from the property line of his building, which is located to the sout. He said according to the drawings, the proposed building is within spitting distance of his building to the south. He said this becomes important because there are drainage issues that have to be considered. Howard said the required setback for a building of this height is seven feet. She said in the concept plan it looks like it's about twenty feet from the property line. Freerks said drainage is an important issue and they talk about it often at these meetings, and the City doesn't want to see something bad happen to an adjacent property. Wasserman said they already have issues with drainage now, so putting another building that close is something to take into account. He asked to have a photo shown of his building and said that where the trees are along the north side of his property are the only buffer between his building and the proposed building. He said it's his understanding that the subject proposal will wipe out all the trees, so there would be no visual break between the buildings. He reiterated that putting the subject building that close to his building's property where there is a sharp slope could create serious drainage issues. He said he is having issues with drainage in his garage right now. He said he thinks there are serious construction and aesthetic issues with the proposed building, and he would really love to see those trees preserved. Freerks asked if he knew how close his building was to the lot line. Wasserman said he didn't know how to get that information. He is concerned that a 16 -unit building is perhaps too large for the lot. Freerks said the Commission could vote on this tonight or defer it if there are issues they feel need discussed or investigated. She said as it's drawn out, it looks like they need to have a landscaping plan, and they have to decide if it needs a Level 2 Sensitive Areas review, and if it does, it will need to come back to the Commission again. She said the building itself will go through site plan review, so there are a number of stages where some of these concerns will be taken care of by someone. Eastham said they might want to consider building separation and buffering between the two buildings and drainage issues with conditions on the zoning agreement. Greenwood - Hektoen said she would recommend deferral so that those issues could be looked into and they could get more information from the applicant. Tom Bauer of 612 N. 1St Avenue said from the discussion tonight it sound like the Commission is aware of the concerns and the issues, and he greatly appreciates that. He said spent the last sixteen years of his working life evaluating site plans for the University of Iowa Research Park so he has some thoughts about this project. He said most of his concerns are with speed and traffic, and although that is not within the purview of the Commission it should be a concern to Planning and Zoning Commission October 18, 2012 - Formal Page 7 of 11 the City, which is why he suggested through written comments that the Commission might want to defer this for further consideration. He said traffic coming down that hill are traveling at 25 mph and picking up speed as they reach the bottom of the hill and unless you aggressively brake or downshift, they can get up to speeds of 40 or 50 mph by the time you get to the subject site. He said it's a serious concern that has never been adequately addressed but needs to be. Bauer said there is a spring that transverses the subject lot. He said last year it ran all through the year. He said the proposed use of any use for that lot is problematic based on the nature of the lot and the downhill speedway. He said he has no issue with private development of that lot but asked that the applicant take his and his neighbor's concerns very seriously and see if this is what should happen on that lot. He said a neighbor who could not attend this meeting due to health concerns, James Budenbaum who lives at 557 N. 1" Avenue asked Bauer to relay his concerns about traffic safety, the mature trees and the waterway and that the project might be built to lesser standards than existing construction values. Freerks asked how the spring or waterway would be dealt with or reviewed. Howard said there are no sensitive areas mapped here, but anyone developing the property would have to take these issues into account when they designed their building. Sue Forde of 616 N. 1St Avenue said she is sorry that the safety issues aren't of concern and especially the comment that until the street becomes so congested that there are collisions they can't expect that people will drive the speed limit. She said there was continuous running water going onto the sidewalk until someone dug a trench parallel to the sidewalk. She said that up until then, there were several yards that were sheet ice every winter. She asked Miller what the plans were for rental versus ownership in this building. She said she fears having student housing across the street from her and the comings and goings of transient populations and the lack of care that rental properties often show. Greenwood - Hektoen said that the Commission generally can't consider who is going to live in the units because it's not something that they can control, but she suggested that Forde talk to Miller privately about the issue. Forde said the proposed building may be compatible with the building to the south, but looking toward the north and east are mostly duplexes and single family, so she doesn't see having a building that large as being compatible. Mary Gilbert of 918 Bluffwood Drive asked what the hard surface of this building is and what proportion of this area is going to be hard surface. She said she is asking because she is concerned about the runoff that's going to go into Ralston Creek which could possibly create a flood condition. She wanted to know the distance from the north end of the subject property to Ralston Creek and is there some sort of distance that has to be maintained between disturbing the environment and a sensitive area like the Ralston Creek drainage. Howard said there is a lot coverage standard for buildings and there is a significant distance between the creek and the property, since the creek is within the boundaries of Hickory Hill Park. Howard pointed out the creek and the property on the aerial map. Gilbert said the water is going to be running out to the street and down 1St Avenue into Ralston Creek. Howard said many of the storm sewers in the city run into Ralston Creek. She noted that there is a setback requirement of thirty feet from any blue line stream in the Sensitive Areas Planning and Zoning Commission October 18, 2012 - Formal Page 8 of 11 Ordinance. It appears that the distance between the creek and the proposed developed would far exceed the required setback. Gilbert asked about the proportion of the site that would be hard surfaced. Howard said there is a lot coverage standard that allows fifty percent of the lot to be covered by the building, but that given the required front setback of 40 feet and the configuration and toporgraphy of the site that the lot coverage would probably be far less than 50 %. Eastham asked how the storm water management provision would affect this application. Howard said the property is not large enough that they would need on -site storm water management. She said the water would feed into the storm sewer along 1 St Avenue. Eastham asked if there is any storm water management required of any other development along 1St Avenue in the RM -12 zones. Miklo said the storm water management was addressed at the time this area was subdivided. Freerks asked if there is a set number that includes concrete, driveway and building. Howard said there isn't a maximum for paved area on the site. Miklo said this project actually has less concrete coverage than a typical development because much of the parking is going to be under the building rather than in a surface lot. Linda Howe of 538 N. 1 St Avenue said she has many concerns, including those that have already been mentioned, because she lives directly across the street from the building directly south of the subject property. She said currently where the park entrance is there is a dip in the road that floods with every rain and in the winter it freezes. She said because 1" Avenue gets fifth priority in snow removal, that area from the dip to Rochester is snow packed and hazardous in the winter. She said traffic gets backed up and can sit in front of their house for as much as forty -five minutes. She said Regina built a fence to keep their land in place from the water that builds up in their parking lot. She said she is concerned that is that most of that area is covered in concrete all that water is going to be diverted onto one spot on 1 st Avenue. Dale Eibes of 514 N. 1St Avenue said most of his concerns are safety concerns. He said mailboxes on his block get destroyed every winter when cars lose control coming down the hill. He said he finds the report of the traffic planners confusing when they say there are no accidents because he's seen so many cars damaged during the winter. He said traffic gets backed up to ACT. He said the street is virtually impassable until the City plows or de -ices that street. He said there are four multi - plexes in a one block area that adds about 100 dwellings to 1St. Avenue. He said between 7:45 a.m. and 8:30 a.m. or later traffic is backed up from Rochester to past the subject property. He said the street is extremely congested in the early morning or later afternoon or early evening. He said he is concerned about joggers and bicyclists coming down the hill almost running into cars trying to pull out of the multi - plexes onto 1 st Avenue. Bauer said the waterway on the subject property is much more significant than the one in Hickory Hill Park. Freerks asked how the streams get designated a blue line stream. Planning and Zoning Commission October 18, 2012 - Formal Page 9 of 11 Miklo said they are based on the USGS maps and if it's not shown as a blue line on the USGS map, it is not regulated as part of the Sensitive Areas, Ordinance. Freerks closed public hearing. Eastham moved to recommend that REZ12 -00025 be deferred until the November 1, 2012, meeting. Dyer seconded. Eastham said the issues he would like to consider, although he doesn't have a position on them, are the landscaping between the proposed building on the subject site and the building to the south. He said he would like to know if there are any particular restrictions that need to be placed on development on the current site in terms of managing any surface water drainage onto the adjoining site to the south. Freerks said where kind of trees are next to the proposed site, how far from the property line they are, and if there's any way to accommodate that reasonably. Weitzel asked if screening might be feasible. Freerks said there's a lot to think about here. She said she does have concerns about the mass and the scale of the proposed building in terms of breaking it up a bit. Howard said there is a very specific standard for building articulation and breaking of the mass of the building, and she said the applicant has already been informed that the concept plan does not meet that standard. Freerks said landscaping and drainage are also issues to be researched. She said that it doesn't fall within the purview of the Commission to address speed and safety, but she said they can pass the information along. She said it's important to have this kind of information in the Commission minutes because Council reads these minutes, and it's important every time you stand up and talk about these concerns and then try to come up with a solution. Eastham said the Commission has heard a lot about the driving conditions and uses of 1St Avenue, and those are certainly important issues, but he doesn't see a way to address those issues with this rezoning application. He said Council does read these minutes and everyone has an opportunity to talk at the Council meeting where this rezoning application will be decided, and the Council may be very interested in the comments and perspectives on traffic usage issues along 1St Avenue, because speed and winter conditions can be addressed. A vote was taken and the motion carried 6-0. CODE AMENDMENT ITEM REZ12- 00015: Discussion of an application submitted by Jeff Clark for amendments to Title 14, Zoning, modifying the location and screening standards for central air conditioner units for uses in multi - family and commercial zones. Planning and Zoning Commission October 18, 2012 - Formal Page 10 of 11 Freerks said the applicant has asked for indefinite deferral. Howard said the applicant is content to wait until the right mix of solutions to all the concerns is found. Weitzel moved to defer REZ12 -00015 indefinitely. Eastham seconded. A vote was taken and the motion carried 6 -0 CONSIDERATION OF MEETING MINUTES: September 17 &20, October 1 & 4, 2012 Swygard moved to approve the minutes of September 17 &20, October 1 &4, 2012. Eastham seconded. A vote was taken and the motion carried 6 -0. OTHER: ADJOURNMENT: Eastham moved to adjourn. Swygard seconded. The meeting was adjourned on a 6 -0 vote. z U) Uo 2O 0 U ZW Z_U Z Na �s zz �W Z� za a z H W N —W O J N Q O LL z P w W a 0 Z E N O 7 j .- O N Z O O O O U IM U p� a (D 0 p A C N E O C N E O � O a)� O E T" X X X i x X- xooz X Q 0 Y Y Y W x W O i x x W O 0 1- o X lill X x i X X 11 X X exxx XXx- o) co X X X 1 X x X LU w co wXXiXXww X X�X, 00 an ;XXx ;xxxx P-Xxx; xxxx Nxxx i xxxx MXX -IXXXX xxxx o xxxx MXXx�!XXx xxxx X x x x xxxx x x X N O -XX 1 XXXX ;xxxxixxx Lo xxxx ; xxx MXXX0 COtOMNI-11.) LU Xxx Lo M CD X X X X i x X X M co W_ T- x x X x W x X x N Z N X X X X i X X X N Oa az�J XXXX x x X U) wa�-02H �W COCOMNf�LoIpM Z o W W x m w w LnLnLO toLO W tjQ* a ciaYVizQNw 2wU)LuIL ZOWtLiYe U) z P w W a 0 Z E E N O 7 j .- O N Z O O O O U IM U p� a (D p p A C N E O C N E O � O a)� O E o0XX a.0<z II II W i XXX xooz xooz -- Q 0 Y Y Y W x W O i x x W O �O V-Xxx;xxxo QXXX ; X-Xo � 450 wXXiXXww 00 P-Xxx; xxxx MXX -IXXXX MXXx�!XXx ti N X x x x i x x X N M ;xxxxixxx N == COtOMNI-11.) Lo M �X00000000 W W_ J W J Z J Ou<ui 2 w a C'o g az�J vXWLU <<w Wdl- wa�-02H �wcnwaw Z o W W x m w E E N O 7 j .- O N Z O O O O U IM U p� a (D p p A C N E O C N E O � O a)� O E C -0 a.0<z II II W II II W xooz xooz Q 0 Y Y Y 1 2b(7)� PLANNING AND ZONING COMMISSION APPROVED NOVEMBER 8, 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, Karen Howard, Sarah Greenwood Hektoen OTHERS PRESENT: Jeff Miller, Mary Gilbert, Edie Thomason, Jim Buddenbaum, Sue Ford, Ed Wasserman RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to recommend approval of REZ12- 00025, an application submitted by Jeff Miller Construction, Inc. for rezoning from a Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone with the following conditions: a detailed landscaping plan shall be submitted for design review, illustrating a minimum 20 foot landscape buffer between any developed portion of the property and Hickory Hill Park; the landscaping plan should include a variety of deciduous and evergreen shrubs and trees that effectively screen view of the development from the park; in order to ensure safe vehicular access to the development, development of the property should be consistent with the proposed site and concept plan with regard to the location of the building, parking, and driveway access to 1St Avenue. 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 REZONING/ ITEM Set a public hearing for November 15 to amend the Comprehensive Plan to adopt the Downtown and Riverfront Crossings Plan as an element of the Comprehensive Plan. Freerks opened public hearing. Freerks closed public hearing Eastham moved to set the public hearing for November 15th. Dyer seconded. Planning and Zoning Commission November 8, 2012 - Formal Page 2 of 12 A vote was taken and the motion carried 7 -0. REZONING ITEM REZ12- 00025: Discussion of an application submitted by Jeff Miller Construction, Inc for a rezoning from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for approximately 1.02 -acres of property located on 1 st Avenue, north of Rochester Avenue. (45 day limitation: Nov 10, 2012) Howard said at the last meeting both the Commission and the public had some questions about various issues. She said in regard to storm water drainage, when the property is developed it will have to go through a major site plan review and at that time the City will review the proposed development to ensure that it meets all City codes and requirements, including meeting requirements for stormwater management. Howard handed out copies of the site plan standards to the Commission. She said the storm water drainage will be reviewed by numerous departments of the City including the Building Department and the Public Works Department. Howard said with regard to traffic safety, staff still believes that this proposed rezoning will not significantly impact traffic speed and congestion. She said staff forwarded the concerns expressed by the public at the last P &Z meeting to the Police Department. Those that spoke at the last meeting were invited to a meeting with the City transportation staff. As a result of these complaints, the police department indicated they would direct officers to utilize the speed trailers and provide extra patrol for speed control in this area to help address speeding issues along this section of 1 st Avenue. Howard indicated that there were also concerns expressed at the last meeting about tree preservation, landscaping and the building setbacks. She said the proposed building footprint is about 10,500 square feet. She said the building coverage as proposed would be about 24 percent of the lot. She said the maximum building coverage allowed in the RM -12 zone is 50 percent. She said the proposed underground parking will help minimize the area of the lot covered by pavement and building. She said they are also including some extra parking for residents and guests since there is no street parking along 1st Avenue. Howard said her rough estimate of what would be covered by proposed driveway and parking comes to 3800 square feet, which makes the building and parking coverage on the lot about 32 percent. She said the zoning code also requires street trees to be planted at the time of development at one per 30 feet of linear frontage for small trees or one tree for every 40 linear feet if they plant large trees. She said there is also a residential tree requirement for multifamily development of one tree for every 550 square feet of lot coverage, so approximately 20 trees would be required for this site based on the size of the footprint shown on the concept plan. She said the zoning code encourages the preservation of existing trees by giving extra credit for saving existing healthy trees. She noted, however, that the trees that are on the property currently would not rise to the level of meeting the sensitive areas ordinance for preservation. Freerks asked if credit is given whether or not the City Forester finds them to be of a certain quality. Howard answered that the residential tree requirement is intended to ensure that a certain minimum number of quality trees are planted or preserved on multi - family residential properties to enhance the quality of life of the residents. For that reason, trees proposed for preservation are inspected to ensure they are trees that are of a quality that will both survive during construction and thrive for many years. If existing trees appear to be healthy and of good quality, the City will allow the trees to count for one or more of the trees required. Thomas asked if the property to the south complied with all standards in respect to the Planning and Zoning Commission November 8, 2012 - Formal Page 3 of 12 treatment along the north property line. Howard said that the development was approved according to City standards and according to the standards in the sensitive areas ordinance. She noted that the property was difficult to develop because of the amount of sloping wooded land on the south side of the property. As a consequence, a sensitive areas rezoning was required and certain modifications to the underlying zoning requirements were granted by the Commission and the City Council in order to better preserve the wooded slopes on the site. She said it went through a number of design iterations in the process of trying to preserve the most sensitive steep and critical slopes on the south side of the property. She said the building was allowed to exceed the height limit and was shifted to the north, and any trees that were there were in that location were taken down in order to build the building. Freerks asked if there were trees on the south that were preserved. Howard said there were. Thomas asked if the shift of the proposed building complied with these standards. Howard replied that it complied with the sensitive areas ordinance because the concern was preserving the wooded slope to the south. She said with that shift to the north part of the property, it sits very close to the property line. Howard noted that the width of the current property proposed for rezoning appears sufficient to achieve an approximate 20 foot setback on both the north and south sides of the building. Freerks opened public hearing. Jeff Miller said he had consulted with MMS Engineers in regards to the plat and the elevations and the trees. He said they should be able to keep the trees toward the front of the property but it was likely that at least two trees would have to be taken down. He said he didn't consider any of the trees on the site of quality, but they were going to try and keep any healthy trees they could that won't be damaged by the development. He said they want to stay as far from the retaining wall on the adjoining property to the south as they can. He said he had talked to his engineer with regard to the drainage and it's difficult to know what you'll find until you start to dig. He said whatever it is they find, they will have to deal with it and find a system that will let it drain well and function properly even in a wet year. He said he would follow the engineer's suggestions. Eastham asked staff if there is room between the proposed building and the building to the south to replace any trees. Howard said the applicant is allowed to design their site with landscaping in a way that fits their building and their site. She said they are required to provide a certain number of trees on the site, but there is not a requirement to screen one residential building from another. Mary Gilbert of 918 Bluffwood Drive said she believed that the development would not meet the planning principle for preservation of natural features as mentioned in the City Code and the comprehensive plan. She asked the Commission to reject the application for rezoning because the development would not be consistent with the environmentally sensitive nature of the property under review and the difficulties inherent in developing a multifamily structure of this size; would have deleterious effects on Hickory Hill Park; and disturb the surrounding neighborhood by increased traffic due to insufficient on -site parking. Gilbert read from the City website about the neighborhood planning principles of providing green, open space areas as buffers between urban development and sensitive features and incorporating and maintaining a green, open space buffer between Hickory Hill Park and urban development to preserve the natural integrity of the park, and treating environmentally sensitive Planning and Zoning Commission November 8, 2012 - Formal Page 4 of 12 areas as amenities." She said it also suggested on the website that ... "further concentrations of apartments are to be avoided and that apartments and townhouses be compatible with neighborhood architecture in terms of design and scale." Gilbert questioned whether approval of the rezoning would stray from the ideals expressed in the plan. Gilbert said the northern boundary abuts the southern boundary of Hickory Hill Park, therefore any development of the lot in question will have some effect on the park. She said the ways a multifamily building will affect the park are unknown. She said because of the special character of the site under review it's never been developed and is possibly part of a prairie remnant that lies a few hundred feet to the north. She asked what degree a critical slope has to be. Howard said that slopes exceeding 18 percent are considered to be critical. Gilbert said if some of the slope is 18 percent or greater the property will be have to be reviewed for sensitive land and features according to the City Code. She said to squeeze a building of this size and conform to the setback, earth will have to be moved, and there are a number of restrictions about this in the Code. She mentioned some other restrictions from the Code. Gilbert said another serious concern is parking in the neighborhood. She said because the developer must provide additional parking spaces for guests, it will mean moving more earth and using additional concrete, which means more run -off. She said if no additional parking is provided, guests will have to either park in the Hickory Hill parking lot or along Stuart Court and Bluffwood Circle, both of which have no outlet, which means more traffic as every car entering would have to drive to the end of the street to turn around. Jeff Miller said their hope is that they will have 42 parking spots as the concept plan develops, and he thinks that is ample for the 16, 2- bedroom units proposed. Edie Thomason of Stuart Court said one of her concerns is that the proposed building will have 16 two- bedrooms and that makes potentially 48 people with maximum occupancy of three people. She said that would make a lot of additional population in that one acre of property. She said there could be children in that building, and with the slope there is no place for them to play except the sidewalk and the street. She said she is concerned that the storm water will drain into the park, as after a rain it stays wet for several days, and with additional drainage from the subject site there will be erosion and mud and will render the park less usable. She said there is already a zoning ordinance in place for low density and she thinks that should remain. She said she thinks that 16 units are too much for one acre. Jim Buddenbaum of 557 North 1 st Avenue said he bought his property because from his view on an upper story, he couldn't see anything manmade. He said he thinks staff is seriously underestimating the impact of the water that runs through the subject property. He said rain from the Regina parking lot comes through his property and perpetually keeps the property wet. He wanted to know how many parking spots would be inside. He said his real concern is the site plan and a building that will virtually sit in his living room. He would like to see the building moved as far away as possible from the retaining wall on his property. He said he knows most of his comments are personal and emotional, but he feels strongly that this is a project that should not happen here. He is very much opposed to it. Freerks asked Howard to talk about the path this item will take and at what point the City checks in again on it. Howard said the only action before the Commission right now is a request to rezone the property from RS -5 to RM -12. She said when the applicant is actually ready to build a building, he will need to bring in detailed construction drawings and a site plan that meets all the Building Code and site plan requirements. She said the site plan review process is a way for the City to check to make sure that the proposed development meets all the zoning Planning and Zoning Commission November 8, 2012 - Formal Page 5 of 12 requirements, including the sensitive areas ordinance. She said if the applicant's engineer finds that there are a significant number of critical slopes on the property and they are disturbing more than 35 percent of them, then the item would have to again come before the Commission for review. Otherwise, the site plan would be reviewed administratively by City staff. Sue Ford of 616 North 1St Avenue directly across from the subject property said she doesn't like the idea of draining all that water into Hickory Hill Park. She agreed with Thomason that after a not particularly heavy rain, some of the trails become very muddy and there's already a lot of erosion along many of the trails and many of the bridges are washed out in their footings. Howard said the water will have to drain to the City storm sewer. Ford said she has questions about what kind of housing this will be and the neighbors and the Commission should be concerned because no one really knows what is proposed. She wanted to know what kind of information the Commission uses to grant a rezoning and what triggers the change of zoning. Freerks said one thing the Commission does is look at whether the rezoning will be consistent with the Comprehensive Plan. Greenwood Hektoen said the Commission's purview is to consider applications for rezoning according to the Comprehensive Plan, which sets forth the goals and vision for how a neighborhood develops. Freerks said the Commission does not ask who is going to live where and is not allowed to discuss that. She clarified that the zoning really has to do with the number of units that can be built. She said that certain conditions can make it impossible to build the number of units proposed, so there can be many variables. Howard said the RM -12 zone is the low density multifamily zone, which would grant the right to build whatever is allowed under that zoning designation. She noted that all the properties across the street are also zoned RM -12 and contain duplexes because the zone also allows single family, duplex, townhouse and multifamily. Ed Wasserman of 555 N. 1 St Avenue showed photos of the property from his home. He said all the trees on the north side of the lot provide a lot of cover and block the view to the north. He explained that only two of all the trees are on his property. He said the way the proposed building is sited, the developer could take every tree except those two. He said removing the trees means removing a lot of earth by the retaining wall, and that will exacerbate the existing drainage problem. He complained that the way the plan is now, a very large building could be put nine feet from that property line. He said the top floor of the proposed building will be about level with the first floor of his building. He also mentioned that dirt will have to be removed almost up to the track at Regina in order to get this proposed building set in the hillside, which will let the storm water run directly into the proposed building. Gilbert asked if anyone has recently found any of the pins of the park. Freerks explained that would happen when it is developed, and is a legality that has to be dealt with. Gilbert asked who is responsible for paying for a surveyor to tell the neighbors what the elevations are. Howard said when the applicant submits a plan for their building they will have to submit a site plan and their engineer will have the topographic lines marked on it and will indicate any areas that have sensitive slopes. Gilbert asked if the Commission is legally able to rezone without taking into account the slopes. Freerks said they are. Planning and Zoning Commission November 8, 2012 - Formal Page 6 of 12 Howard explained that the applicant will have to meet all the City ordinances including the zoning ordinance and the site plan review ordinance. Freerks said that the rezoning itself doesn't mean that everything gets a green light because there are a number of requirements that have to be dealt with before a site plan is approved. Gilbert said what if the developer pays out all this money and then the property is found to be unbuildable. Howard said that is the risk the developer has chosen to take. Gilbert asked if the requirements that were put forth on the City's website will come into play. Howard said the zoning requirements and building code requirements come into play when the applicant brings in building and site plans and has to show how they've met all the City requirements. Freerks explained that if it's, for instance, a 20% slope, that doesn't mean it can't be built upon, but rather that certain requirements must be met. Howard provided an example by explaining why the building on the adjoining lot was zoned OPD /RM -12. She explained that the amount of the slopes that were proposed for disturbance exceeded a certain threshold, so it had to go through the planned development rezoning process. Similarly, she said if it is found that the subject property exceeds a threshold of 35 percent of critical slopes being disturbed, they will have to go through another rezoning process before the Commission. She said if they are not disturbing more than that threshold of critical slope they can go through an administrative review process where the City staff would look at it to make sure that the building is sited so the drainage is properly designed to accommodate the slopes of the property. Gilbert said the fact that the subject property abuts onto the park, which is City property, it seems that there are two different factions with different agendas. Freerks said at some point development does happen adjacent to public lands, and it's not uncommon during a rezoning for people to come forward to express that they thought, or their realtor had told them, that a subject property would stay a green space. She said that unless the City purchases a property, the owners have certain rights to develop a property. Freerks closed public hearing. Weitzel moved to approve REZ12- 00025, an application submitted by Jeff Miller Construction, Inc. for rezoning from a Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone with the following conditions: a detailed landscaping plan shall be submitted for design review, illustrating a minimum 20 foot landscape buffer between any developed portion of the property and Hickory Hill Park; the landscaping plan should include a variety of deciduous and evergreen shrubs and trees that effectively screen view of the development from the park; in order to ensure safe vehicular access to the development, development of the property should be consistent with the proposed site and concept plan with regard to the location of the building, parking, and driveway access to 1St Avenue. Thomas seconded the motion. Freerks invited discussion. Planning and Zoning Commission November 8, 2012 - Formal Page 7 of 12 Eastham said in the staff recommendations from the previous packet, staff recommends a conditional zoning agreement requiring detailed landscaping plans. He asked if they could consider amending the motion that was before the Commission to add a condition about a setback on the south side of the property. Weitzel and Freeks said if Eastham wanted to specify an additional condition, it should be added to the motion. Freerks asked if they are saying that they want the access to be butted against the north portion of the property as a sketch shows. Howard stated that she believes there is enough lot area to also have a 20 foot setback on both the north and south side of the building, but without exact building plans it could not be determined for certain at this point. Eastham asked what the motion is in terms of the building's location on the south side. Howard replied that their recommendation is that generally the building and the driveway be sited so the driveway is at the north end of the property so it has the best sight distance for drivers entering and exiting the property. Eastham reiterated his question. Howard said that judging from the concept plan, there could be approximately 20 feet from the proposed building to the south boundary of the site. Eastham asked if they know how far the proposed building will have to be set back from the south property line in order to preserve the existing large trees. Howard said she couldn't answer that question because typically you would have to set the building far enough back to save their root systems. She noted, however, that when a detailed site plan is submitted, the applicant will have to identify which trees will come down and which will be preserved. At this time, however, it is not known. Weitzel said he thought they were getting into areas that should be reserved for site plan review and due to lack of details about the building design the Commission could not determine those at this time. He asked if they shouldn't be focusing on the rezoning instead. Eastham agreed, and said at this time he was trying to determine if there were additional conditions they should add to the motion. Thomas said he would like to see the detailed landscaping plan include a review by Friends of Hickory Hill Park Board. Greenwood Hektoen said she thought it would be difficult to establish what criteria they would be able to review it on and what sort of powers they would have. She said it would be unusual to have a third party approve, let alone review, the plans. Thomas said the Board has some expertise in the selection of plant material that would go into that screening. Greenwood Hektoen said she would caution against it because this is private property and is not part of the park. Eastham asked if it is possible for the public and the Hickory Hill Park Board to give input regarding the final site plan. Greenwood Hektoen said she would recommend against doing that. Howard said the question is whether this rezoning would pose a problem or externality such that it would warrant imposing an additional requirement on this applicant. Greenwood Hektoen added that the conditions that would be included in a Conditional Zoning Agreement need to be tied to a public need being generated by this rezoning, and the rezoning applies to the density, Planning and Zoning Commission November 8, 2012 - Formal Page 8 of 12 not the building. Howard said right now the property has the rights to be developed for single family development or Regina could use it to put their driveway next to the park where they have an easement and there would be no scrutiny of those actions. She said in the staff memo she had said that preserving the trees on the site is a good idea and the applicant should take that into account, but the question is whether the lack of trees and landscaping that was preserved on the adjacent property is something that this property owner should have to remedy when they build. Eastham said he generally agrees with Howard's viewpoints. He added that he thinks Thomas has an interesting suggestion, but he has a problem with asking a third party to review the landscaping on any property without a formalized way of doing that. Thomas said he would not add that as an amendment to the motion. He said he assumed the Parks Department will be part of the review process. Howard said site plans are reviewed by City staff, but are public documents that can be viewed by anyone. She noted that the City is always open to good advice, but allowing a third party review powers is problematic. Eastham said his concern about this rezoning request has to do with the reasonable considerations asked by the people living just to the south that existing trees be preserved if possible to preserve the views they now have. He said one of the factors that may make that more difficult is that the plan to also have a buffer between the parking lot of the proposed building and the park. He said he would like to see more consideration given to preserving the views of the building to the south of the subject property rather than providing a buffer to the park. Eastham said he doesn't think that a 20 foot buffer there is going to accomplish much, and he doesn't think the size of the proposed surface parking area is really necessary for the intended use right now. He said he is only making suggestions, not asking that they be included as an amendment to the motion. Thomas asked what the required setback is against Hickory Hill Park. Howard replied that the minimum setback for a parking area is 10 feet and screening must be provided for the parking area. He said he is sympathetic to Eastham's comments. He said he thinks that the park itself is a buffer, which isn't saying that this isn't a balancing act. He said the question is the use of those setbacks. He said the distance from the northern property line of the subject property to the southern trail in the park is about 175 feet so it's some distance away. Dyer said there are lots of other buildings visible from inside the park. Weitzel said it is difficult for him to articulate specific standards for the park if it's not part of a design plan that's already in place and part of the Comprehensive Plan because otherwise you start asking if this is a natural park or not. He said Central Park was supposed to be completely natural, and lots of rock was moved to make it. He said it would be hard to articulate the definition of natural in a Conditional Zoning Agreement. Freerks said she thinks there is value to small pockets of trees like those along the southern boundary of the subject property and these are a benefit to both the tenants of the proposed building and the adjacent building, so she finds some value in trying to maintain that buffer. She said it takes a long time to grow trees like these and from the beginning of this project she would like to see as many of those trees maintained as possible, and she thinks the applicant agrees with that. She said she's not sure they can tie that to the rezoning but what the Commission can do is outline ideas and concepts, as they have been talking about here, with the hopes that City staff and the developer will take them into consideration. She said regardless of what the City Planning and Zoning Commission November 8, 2012 - Formal Page 9 of 12 Forester says about the trees, she thinks they are worth keeping. Weitzel said many of the questions that have come up regard the City standards and if they will be met. He said they will be met because it is City staff's job to make sure that everything from the Building Code to the Site Plan Standards are all met. He said that what the Commission does is determine if a property owner's constitutional right is being upheld and if they are allowing someone to do what they want to do within the standards. He said what the Commission has looked at is the Comprehensive Plan and that's all they can look at. Thomas said he is concerned with the standards as they exist now in that the property to the south is placed in such a way that it's dependent on what happens on the adjacent property to create screening. Weitzel said they had that choice when they built that property. Thomas said that the City standards allowed it and if the City standards allowed that, there is a flaw. Weitzel countered that the Commission had to meet other standards like the wooded slopes to the south of that property. Thomas said the project itself could have been adjusted. He said he's just really concerned that the project was developed in such a manner that it's dependent on screening on the adjacent property in order to maintain its integrity. Swygard said she understands what Thomas is saying but she doesn't think the rezoning of the subject property needs to be responsible for the trees. Thomas said what he is concerned about is that perhaps there is a problem with the City's zoning looking ahead so that they don't find themselves in this position again. Weitzel mentioned that on this application the developer has said that he is committed to trying to do what he can to save the trees. Freerks said she thinks the idea with the previous building to the south was try to maintain and keep as many of the trees on the critical slopes to the south as possible, so the building was shifted to the north. She said there was a great value placed on that by the community. She said over the years, hundreds of buildings in town have been placed very close to other buildings. Weitzel said he sees some evergreens in a photo that he thinks will meet most of the S -3 standards for screening. Eastham said in regard to the observations made about surface water running over the subject site in his view they have established that there is no probability of surface water from this site causing property damage to the south, since that property is uphill from the applicant's property. He said it's been very clearly shown by staff that it won't happened because of the topography. He said that surface water from the subject property will have to be routed into the City storm water drainage system, which will empty into Ralston Creek. He said that he thinks any problems in developing this site caused by surface water on the site is a difficulty the developer will have to address. Eastham also remarked on the traffic on 1St Avenue saying that in his view the traffic coming from the proposed development will not materially affect existing traffic or congestion or speeds on 1 st Avenue. He did say, however, that he believes those concerns are Planning and Zoning Commission November 8, 2012 - Formal Page 10 of 12 legitimate. He stated that he would be happy if the Commission would note to the City Council that the issues of congestion and traffic speed along 1St Avenue have been raised in conjunction with this application and ask the Council to consider dealing with those as separate issues. Martin said any type of housing on the subject property will still have the same issues to deal with. She said the builder is going to have to build what works. She said she doesn't know if there is any difference in the RS -5 and the RM -12 zoning for this property because the developer can only do what the land allows. She said she's not opposed to development, but she would like to see it imitating what it's near and acting as another buffer between the park, although she'd like fewer stories on the building. She said she doesn't think, though, that the zoning really dictates that because you could build a gigantic single family dwelling or multiple houses. Freerks said potentially there could be four or five single family homes on the property if you could fit them in. She said although they don't always get the maximum, it could be built on quite aggressively even without this rezoning. Martin said clearly Regina doesn't want the land, so the original motion makes sense. Freerks said she thinks this is consistent with the Comprehensive Plan as there is multi - family zoning along 1 st Avenue in this area. She stated that traffic and congestion are an issue but this potential 16 -plex will not have much of a negative impact in terms of the number of cars. She said she thinks it would be much worse if Regina had a driveway there. She said she will vote in favor of this rezoning, but she would like to see the developer work to try to maintain as many as possible of the trees to the south and to make it a building that will be an asset and can blend into the community. She said good things could happen on the subject property, and she reminded those in attendance that the people who live there will be their neighbors, and hopefully they will be as welcomed as people welcomed them. Dyer said the traffic coming from this development will not likely be the traffic that is speeding because they'll have to slow down to enter the property. Freerks said these things are always difficult and it's always a difficult decision about the few green spaces remaining in neighborhoods because they are so precious. She said, however, the property owner has a right to develop it. The motion carried by a vote of 7 -0. CONSIDERATION OF MEETING MINUTES: October 18, 2012 Dyer moved to approve the minutes of October 18, 2012. Eastham seconded. A vote was taken and the motion carried 7 -0. OTHER: Howard informed the Commission about what may be on the agenda for its next meeting, since there would not be an informal meeting. Planning and Zoning Commission November 8, 2012 - Formal Page 11 of 12 ADJOURNMENT: Eastham moved to adjourn. Weitzel seconded. The meeting was adjourned on a 7 -0 vote. z Fn U Q 20 o(L) V W � W Z V Z Na 06 Z oLU z za z Q J IL Z W W O J N Q O U. 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WZaaW Q Z Up Oa�2W Y 2 0 P 3: Z p W W a O z E E N =3 0 7 0 r O N O O O O U p� U p� ' E a� c E c N N N m N a o0XXiXXX0 Q Z u n W2 u n W 2 0 XOOz X00z a 0 Y Y Y ; Xx 0 050x0 Zxxx:xXxO QXxx ; x0xW- 00 w WW XX i XX 00 �O C:IxxxiXxxx Mxx0 ; xxxx MXXXD f XXX ti Nxxxx ; xxx N M ;xxxxixxx N �W CO COMNf`toU")M X0 0 0 0 0 0 0 0 W W J W J } Q z x W Z 00<Lux a O� Ix maonF - V x W Z Q Q W Wei -WaF ce -020 2WCnWa� z G w ww e z N E E N =3 0 7 0 r O N O O O O U p� U p� ' E a� c E c N N N m N a Q a Z Q Z u n W2 u n W 2 0 XOOz X00z a 0 Y Y Y 2b(8) PLANNING AND ZONING COMMISSION APPROVED NOVEMBER 15, 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, Karen Howard, Sarah Greenwood Hektoen OTHERS PRESENT: Glenn Siders, Ginalie Swaim, The Reverend W. Max Mons, Nialle Sylvan, Jean Walker, Christine Denberg, Pam Michaud, Mike Wright, Nancy Carlson, Alicia Trimble, Jesse Allen, Jon McPheron, Pete Hosch, Mike Pugh, Nancy Adams - Cogan, Tam Bryk, Patricia Knox, Leslie Hollis, Jiyun Park RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to recommend approval of REZ12- 00024 /SUB12- 00010, a preliminary Planned Development Overlay Plat plan and plat of Cardinal Point South Part III, noting that they now have all the items requested in the staff report. The Commission voted 7 -0 to recommend approval of REZ12- 00027, to designate the Jefferson Street National Register Historic District as an Historic District Overlay Zone (OHP). The Commission voted 7 -0 to recommend approval of REZ12- 00028, an application to rezone .22 acres of land located at 221 and 225 North Linn Street and approximately 3200 square feet of property located on the west side of Linn Street, a Mid - American sub- station, from Neighborhood Stabilization Residential (RNS -12) to Central Business District (CB -2) subject to the conditions outlined in the staff report of November 15 "', 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. REZONING ITEMS REZ12- 00024/SUB12- 00010: Discussion of an application submitted by Southgate Development Services for a rezoning to amend the Planned Development Overlay Medium Planning and Zoning Commission November 15, 2012 - Formal Page 2 of 23 Density Single Family (OPD -8) Plan to change townhouse style units to zero lot line dwellings and a preliminary plat for Cardinal Pointe South Part Three, a 32 -lot, 6.53 acre residential subdivision located at Camp Cardinal Boulevard, Ryan Court and Preston Lane. (45 day limitation: November 26, 2012) Miklo said the original plan for this property included a number of townhouses in the center of the development, which is the area the applicant is proposing to change from townhouses to zero lot lines. He said the zero lot lines that were approved on the perimeter of the development would change slightly in that they would get bigger and there would be one or two fewer of them. He said the proposed plan would also subdivide the property into individual lots whereas in the previous plan all of the townhouses were on one common lot. He said staff received a revised plan showing driveway configuration so that requirement is now satisfied. Miklo said that this application complies with the planned development provisions. He said the applicant has indicated that there is more of a market for single level units or zero lot line models versus the townhouse units that are in the northern part of the development. Miklo said even with these changes, the overall plan would consist of a variety of housing types. He said staff is recommending approval. Eastham said the Comprehensive Plan clearly calls for neighborhoods to be developed with mixed housing types and a mix of income ranges. He wants to know what how staff defines this particular subdivision. Miklo said because of the existing typography it's set off by itself as a neighborhood. He said it's got a healthy mix both in the existing and proposed plan of townhouse, single family dwellings, a commercial lot, a future park and the proposed zero lot lines. He said he thinks it's more mixed than most neighborhoods. Freerks opened public hearing. Glenn Siders of Southgate Development Service, the applicant, said they have no problems with the staff's recommendations for approval. He pointed out on a map where the 12 townhouse units they have constructed are located. He said they have not sold nearly as well as condominiums as they had anticipated. He said they had been approached by several people about rezoning this parcel to zero lot development and it's been very well received. He said it will reduce the number of living units for the development, but they think it's appropriate. He is asking for a favorable decision by the Commission this evening. Freerks closed public hearing. Weitzel moved to recommend approval of REZ12- 00024/SUB12- 00010, a preliminary Planned Development Overlay Plat plan and plat of Cardinal Point South Part III, noting that they now have all the items requested in the staff report. Martin seconded. Eastham said he is supporting this application although what the neighborhood is like and the mix of housing types is an issue that is troublesome to him in terms of reducing the number of townhome units. He said because there are already a number of townhouses platted and the developer intends to carry forward with those, it's not unreasonable to change the mix in this Planning and Zoning Commission November 15, 2012 - Formal Page 3 of 23 case. He said he would like to note that he has never thought that a home being renter or owner occupied makes any difference to a neighborhood. Freerks said she is not concerned about this change, and obviously there is a demand for this type of home on one level. She said she thinks it is quite a diverse area with a variety of housing types, so she will support the application. A vote was taken and the motion carried 7 -0. REZ12- 00027: Discussion of an application submitted by the City of Iowa City for a rezoning to designate the Jefferson Street National Register Historic District as Preservation Overlay (OHP) zone. Miklo explained that the Jefferson Street National Register Historic District was listed on the National Register of Historic Places in 2004. He said the Iowa City Historic Preservation Commission now proposes that it also be designated as a Local Historic District. He said designation as overlay zone would require Historic Preservation Commission approval of any significant changes to the exteriors of buildings within the district. He said the historic district designation also makes properties eligible for special exceptions under the Zoning Code where the Board of Adjustment may waive or modify certain requirements to help support continued use of historic buildings. He said the Commission's role in reviewing this is to consider whether or not it complies with the Comprehensive Plan. He said the ordinance specifically asks if the Commission considers whether plans for renewal or other public improvements would be counter to the proposal or whether the proposal is supported by the policies of the Comprehensive Plan. Miklo said the Historic Preservation Plan, which is an element of the Comprehensive Plan, encourages the designation of this area as a local historic district. He said the Central District Plan indicates this area is appropriate for a mixture of institutional uses, including university buildings, religious institutions, and a mix of residential and commercial uses. He said the mixed use zoning designation that applies to much of this area was established in the early 1990's specifically to help preserve this area and make a variety of uses available for the buildings to allow adaptive reuse or continued residential use. He said the City's Strategic Plan contains the goal of stabilizing neighborhoods around the city core, and this area is included in the Northside Neighborhood as well as the College Hill Neighborhood. Miklo showed pictures of some of the buildings in this city, some of which are the most historic in the district including the Park House Hotel. He said there are several religious institutions within the district, single family buildings, and several buildings built as single family homes that have been converted to multiple units, duplexes, rooming houses, guest houses or commercial units. He said there are several university buildings, including the old isolation hospital that was built to house tuberculosis patients. Staff finds that this proposal complies with the Comprehensive Plan and recommends approval. Freerks asked how the niversity property works with this and the overlay. Miklo explained that the niversity is exempt from local zoning so even though they are included in the National Register District they are also included in the proposed local historic district. He said it's up to the niversity whether they comply or not. Eastham said he thought either 114 or 120 Gilbert Street was damaged by fire a few years ago, and he want to know if they are rebuilding it. Planning and Zoning Commission November 15, 2012 - Formal Page 4 of 23 Miklo replied that it was actually 420 Jefferson Street that was severely damaged by fire. He said a previous owner restored that building, and he thinks it has changed hands a couple of times since then. Freerks opened public hearing. Ginalie Swaim of 1024 Woodlawn and Chair of the Historic Preservation Commission said that Miklo explained how this district fits the criteria of that Commission in terms of its historic significance and in terms of the comprehensive planning. She said that all the things that characterize that neighborhood starting back in 1839 when it was on the original town plat are more or less the same characteristics today. She said there are still religious institutions, housing for students and non - students, five guest houses, and the restoration of Stuit Hall. She said it borders the downtown and the campus and the residential neighborhoods on the north. She said there are an astonishing 38 primary historic resources on that stretch and all but one of them is considered contributing in that the style and character are still evident and still give a sense of time and place. She said there are 22 key structures, which is a really high density of history. She said the shade trees that were planted 70 years ago survived the 2006 tornado and are still standing. Swaim reminded those in attendance about the uproar when the Red Avocado and some other businesses lost their anchor and houses on Washington Street. She said she thought what they learned from that is that the public really cherishes small, local businesses in older building that are close to downtown and have a certain ambiance. She said those houses were not protected because they were not in a district so there was no way to avoid the demolition. She said with that cautionary tale in mind, if Jefferson Street becomes a local historic district, it's the only one zoned for mixed use, both residential and commercial. She said she thinks this offers a clear economic strategy because it's a place where small, local businesses can take root and serve that large group of Iowa Citians and visitors who want to visit places like this. Swaim said this is the kind of area we like to visit when we go to Portland, or Milwaukee or Dubuque, and we know that we like older neighborhoods that have commercial aspects, and there is the potential to have one right here in Iowa City. She said anything they do to save that street will have a spillover effect on the historic districts to the north of that because that will stabilize those neighborhoods as well, which is incredibly important. She urged the Commission to take advantage of this history and use it for the future and consider this overlay. Freerk asked about the mixed use and if there are living quarters above the mixed use. Miklo said some of the buildings have commercial on the first floor and apartments above, and that's allowed in this zone. The Reverend W. Max Mons of St. Paul's Lutheran Chapel at 404 E. Jefferson Street said this issue came up a few years ago, and it did not make it out of the Historic Preservation Commission. He said one of the main objections was the economic impact it could have on the business owners and on the churches should they need to make significant improvements on their buildings. He said his churches' economic situation hasn't improved any since then. He said they serve the students at the university, and they are very much against this proposal for fear that if they fall into this district, making significant changes to their brick structure may cost them such that they won't have funds to provide their ministry. He said they are not at all in favor of this proposal. Planning and Zoning Commission November 15, 2012 - Formal Page 5 of 23 Nialle Sylvan of the Haunted Bookshop at 203 North Linn Street who lives at 1722 Morningside Drive said with all due respect to the Rev. Mons' concerns and an understanding of the importance of changing ministries to keep up with changing times, she as a local business owner thinks that the economic change that has taken place is that Iowa City has made a substantial remark on the subject of having a place where small businesses can begin in small locations and perhaps have residential space upstairs for owners just starting out. She said that sounds like that is consistent with the use permitted under this zoning designation. She thinks there are a number of business who would be interested in participating in a development like that. She said it certainly wouldn't be her desire to affect small ministries in any way but the opportunity for small businesses, especially in a town that has the potential of becoming as beautiful a campus town that can be found in the country and businesses with significant, unique character that would differentiate us from other economic zones in Eastern Iowa is not something to be ignored. Jean Walker of 335 Lucon Drive and representative for the Melrose Neighborhood Association said she has come to appreciate the different architecture and the history of Iowa City. She reminded the Commission that once these beautiful buildings on Jefferson Street are gone, they are gone forever, so the city needs to retain what is the history of Iowa City and the beautiful buildings that represent what has transpired in the past. She said she knows that the regulations that are imposed through the local designation are not that onerous. She said what she has observed is the Historic Preservation Commission works closely with applicants to try to accommodate what they want to do unless it is egregious to the building. She said the Red Avocado and its neighbors were wonderful buildings and the people really cared about them. She said she hopes that the buildings and history of Iowa City can be preserved. Christine Denberg of 1011 Woodlawn said she is a landlord for several properties that are in the Longfellow Conservation District, and she owned the properties before it became a preservation district. She said she has found the housing inspectors to be incredibly helpful and supportive and she hasn't found it to be any problem to be part of preservation district, which has actually increased the value of her properties in a way that properties outside her district have not experienced. She said when her own house was hit by the tornado in 2006 she had incredible support from the Historic Preservation Commission. She said she was able to get a grant from the State, and because they were part of preservation district the historic preservation people acted as an advocate for her for her insurance policy claim. She said because of the historic preservation briefs that explained about old houses when the house is alligatored, the insurance company paid to have three sides of the house painted in a more expensive and correct manner, something she could not have afforded to do herself. She said the Commission also directed her to an incredible craftsman who was able to rebuild her chimneys. She said she can understand the concerns of the neighbors and businesses if they were brought into a historic district. She said that should any natural disaster happen in the proposed district, this designation would protect everyone in the district. She urged the Commission to approve the proposal so that if there is a problem in that neighborhood, they will have the resources and the help they will need. Pam Michaud of 109 S. Johnson St. said she hears the concerns of the churches and businesses. She explained that because her house was on the edge of an historic district, it had no buffer zone. She said the same fate as hers, where a four story building has been planted 18 feet from one of her walls, awaits the Jefferson Street Historic District. She said it's charming to say in 2000 that we love restoring old house, but when you sell them in 2012 the loyalties are different, and now the orientation of the five buildings in the block where the Red Avocado formerly sat has changed to one of profit. She said the three buildings that were torn down behind her supported five families plus the wait staff, and now the Bradley Building has also Planning and Zoning Commission November 15, 2012 - Formal Page 6 of 23 been sold. She said that is 10 businesses that have been lost. She said Jefferson Street is a beautiful oasis and buffer zone between downtown and the Market Street area and she thinks it should be preserved. She said all the mature trees have been taken down in the synagogue lot and she knows the same would happen on Jefferson Street if there was a mixed use development. She said one of the goals of the Northside Neighborhood Association is to keep the character of a grown up neighborhood, and she thinks that the Linn Street zoning proposal that will be discussed later tonight has done a good job of doing that. She encouraged the Commission to designate Jefferson Street an historic district. Mike Wright of 225 N. Lucas St. and coordinator of the Northside Neighborhood Association said as staff pointed out, the Comprehensive Plan is used as a guiding document. He said he believes that designating this neighborhood a city historic district would be in keeping with the Comprehensive Plans in terms of the Historic Preservation Plan and the Central District Plan. He said it seems clear to him that preservation was intended as part of those documents, and City Council has passed a Strategic Plan which clearly calls for neighborhood preservation and stabilization. He said on Jefferson Street there are a couple blocks intact of examples of what 19`h Century Iowa City looked like. He said he thinks the community appreciates the beauty of that neighborhood, and he thinks some of these buildings are examples of public art. He stated that over the last 15 to 20 years there have been a number of studies demonstrating that historic preservation pays in terms of increased property values and boosts economic development, and if you look at some of the neighborhoods that have been preserved in Iowa City over the past 20 years you can see that clearly. He said given what's been lost in the Northside Neighborhood, it's incumbent to do what is possible in terms of City policy and preserving our future to protect this area. He urged the Commission to support this historic designation. Nancy Carlson of 1002 E. Jefferson Street said she read a report and was amazed at the amount of history contained in the subject four blocks for all of Iowa City. She said she also read parts of the Zoning Code pertaining to what has to be in place in order for a district to be considered historic, and for an area to meet those conditions is an honor. She said the tendency is sometimes to look upon this designation as a burden rather than as an honor. Alicia Trimble of 2232 California Street and President of Friends of Historic Preservation said until recently she was Chair of the Historic Preservation Commission. She said this issue has been on been on their radar for a long time She said she did her homework and has come to the conclusion that this meets the criteria that the Planning and Zoning Department is supposed to follow in seeing if this meets the criteria of the Comprehensive Plan. She said she feels that when this proposal failed to even make it out of the lower levels of this process before, it was not done for the right reasons. She said this district has all the components of a historic district and would have more contributing properties than any other district in Iowa City. She mentioned what happened on Washington Street and how that has affected people. She said when one group is unhappy with this proposal for their own reasons, they are forgetting about their neighbors and that we are a community and we all need to make this city better. She says she feels that this district will do just that. Freerks closed public hearing. Thomas moved to recommend approval of REZ12- 00027, to designate the Jefferson Street National Register Historic District as an Historic District Overlay Zone (OHP). Swygard seconded. Planning and Zoning Commission November 15, 2012 - Formal Page 7 of 23 Eastham asked Weitzel if historic preservation designation generally doesn't increase the cost of repairs of buildings in those districts, and if it does increase costs, are those costs offset by increased value. Weitzel replied that certain things do cost more if you have an historic property, but you would probably want to do things that way if you want to preserve the value of a building or maintain it long term. He said he couldn't say that all costs that are increased are offset by equal amounts of property value increase, but anecdotally that looks if that would be true. He said there are some procedures on historic property that take more time or a higher skill level, and that's part of the economic development benefit of the historic district. He said you have a higher skill level and higher level of retained skills in the building, but he said he can't say that is always offset directly. Eastham said his concern is with the St. Paul's Lutheran Chapel whose minister spoke earlier in the evening. He said it's his understanding that generally religious institutions don't have a way of increasing their revenue in terms of increased value of their property. He asked Greenwood Hektoen if there is any protection that a religious institution could get federally from city legislation when trying to change their physical structure. Greenwood Hektoen said she would have to research that. Eastham asked if the designation for the St. Paul's Lutheran Church property could be changed to a non - contributing property and would that make any difference in the ability of the church to make repairs. Miklo answered that the status of whether a building is considered contributing, non - contributing or non - historic is based on federal guidelines and the Secretary of Interior standards for evaluating historic districts, and that has been accepted by the Parks Service so he doesn't see that change as a possibility. He said in terms of this church, it is brick and the maintenance needed for that would be tuck pointing, which would not result in greater expense. He said the window replacement, however, may be an issue on a building like this, and the Commission does approve alternatives when necessary. He said the goal of preservation is to preserve what's there, so sometimes it's less expensive because you are retaining rather than replacing materials. Eastham asked what would happen with a casualty loss. Miklo said what they found during the 2006 tornado was that the mayor sent a letter to all the insurance companies regarding the historic districts, and almost all of them paid the difference in cost. He said because they were a city with historic districts, the State legislature allocated funds to fill the gap of anything that wasn't covered by insurance. Weitzel said someone could do a bad job of repointing cheaper. He said you might spend more if you follow the Secretary of the Interior's standards, but the building will last longer. He said he was on the Commission when this proposal failed the last time, and some of the members wanted to wait until there was support to keep all the wooden structures in the district. He said some of the wooden structures were not included in the district because there was landowner opposition at the time. He said he thinks waiting was the right thing to do and he is supporting this rezoning. Eastham asked Weitzel if he remembered in the previous consideration if the religious institutions had a particular set of issues. Weitzel said the same people are having the same issues, and it's perceived cost and restriction on what someone can do with their property. Eastham asked if there was any way to remove those buildings from the district. Miklo replied that an historic district has to have contiguous boundaries, and if you moved that particular Planning and Zoning Commission November 15, 2012 - Formal Page 8 of 23 boundary you would have an inconsistent boundary and it would not be consistent with the National Register District. Swygard said she is fully in support of this designation. She said she thinks it is important to preserve the remaining small areas of Iowa City that stand out as historical areas. Thomas said he will support it as well. He said he heard some eloquent testimony about the importance of the designation. He said he feels the community supports the desire to preserve buildings, and if there are particular property owners in need of financial assistance that the community would be there for them. Freerks said she thinks this designation is fully supported by the Comprehensive Plan, by the Historic Preservation Plan, by the Strategic Plan that the City Council has outlined. She said there is always fear involved in this, and people find out later on after being part of these districts — she lives in a conservation district — that the fear isn't necessary. She said she thinks that in the end it's a benefit, not only for the people who own or use those buildings, but for the community as well. She said she thinks this area has had some lucky breaks to stay together as it has, but as time goes on, those breaks will be harder to come by. She said she would like to see the historical character maintained in this area. She said she appreciates the fact that there is mixed use here, and she thinks it works really well in the community, and she is definitely in favor of it. She said she thinks it's a special part of the community and wants to see it maintained. Dyer said she will support it, and she said maybe the designation would encourage the university to reclaim Seashore Hall, which also has some wonderful characteristics in the old part. Eastham said he is in support of historic designation for all the buildings in the area except the churches. He said he sees the drawback as being if the churches will have a particular burden in meeting their legitimate needs for maintaining the buildings as well as restoring them. He said he has said although he has heard reassuring comments from Weitzel, he's not sure all the people in these churches and congregations would share his reassurance. Miklo said there are already three churches in the areas that are local landmarks. He said as far as he is aware there have not been issues with the regulations that have created undue burdens on those buildings. A vote was taken and the motion carried 7 -0. REZ12- 00028: Discussion of an application submitted by Northside Commons, LLC for a rezoning from Neighborhood Stabilization Residential (RNS -12) zone to Central Business Service CB -2) zone for approximately .22 -acres of property located on 221 and 225 North Linn Street and the adjacent MidAmerican substation, which is approximately .07 acres. (45 day limitation: December 8, 2012. Howard explained that the applicant has requested rezoning for the two properties on Linn Street and in order to maintain a consistent zoning boundary the City believes that the substation should also be included in the rezoning. She showed photographs of the Northside Marketplace to orient the Commission. She said last year there was a request for rezoning that included the property around the corner on Bloomington Street, but this property is not included in this rezoning request. She said at the previous hearing for this rezoning, people expressed Planning and Zoning Commission November 15, 2012 - Formal Page 9 of 23 concerns about the commercial area extending around the corner and taking in more of the residential properties. She said those concerns among others caused the City Council to deny the application for rezoning last year. Howard showed photographs of the subject properties and the substation. She said the applicant has developed a new concept to address the concerns expressed by the neighborhood with regard to scale of the building and how it's oriented. She showed a concept plan for a proposed building on the site that was submitted by the applicant. She said they propose a storefront building similar in scale to the historic Market Street area with two floors of one and two- bedroom apartments. She also noted that the third floor is more transparent with more windows and steps back to reduce the apparent height and scale of the building to keep it in scale with the neighborhood. She said staff believes the requested rezoning is consistent with the Comprehensive Plan, which designates these properties as appropriate for "urban commercial" use. She also noted that the storefront design is similar to the rest of the Northside Marketplace and would provide a commercial connection between the existing commercial along Linn Street to the commercial on Bloomington Street, which includes Pagliai's Pizza and the other commercial businesses along that stretch. She said staff believes it's a stronger application this time because it just includes the properties on Linn Street, and it's consistent with the architecture in the neighborhood. She noted, however, that the proposed building is in the conceptual design stage and the site has not been engineered, so if the rezoning is approved there is no guarantee that this exact building will be possible. She said the applicant would still have to show that they meet all the zoning requirements, and it is a fairly constrained site. She noted there are some title issues regarding the applicant getting access to a gravel drive at the rear of the site in order to make the underground parking work and staff is unclear if those have been resolved. She also noted that there are a number of conditions that staff is recommending that are similar to the conditions proposed for the last rezoning request, which she would articulate as part of the recommendation. She said in response to the Comprehensive Plan and the concerns of the neighborhood regarding scale of the building and size and configuration of the residential units, the applicant has submitted proposed plans to reduce the scale and size of the building and also to reduce the number of bedrooms in the units and has a new building design. She said in staffs opinion, extending the CB -2 zoning to the west side of Linn Sreet would be consistent with the intent, goals and objectives of the Northside Marketplace, She noted that the last time with the previous request for rezoning there was also a Comprehensive Plan amendment request, and Council did approve a Comprehensive Plan amendment for these two properties along Linn Street, changing the plan designation from residential to Urban Commercial, so this rezoning would also be consistent with that Comprehensive Plan change. Howard said for all the reasons stated, staff recommends REZ12- 00028, an application to rezone .22 acres of land located at 221 and 225 North Linn Street an approximately 3200 square feet of property located on the west side of Linn Street from RNS -12 to CB -2 be approved subject to the following conditions: 1. That no more than two bedrooms are allowed per dwelling unit. 2. The final design of the building shall be generally consistent with the concept submitted by the applicant and shall be reviewed and approved by the Design Review Committee. 3. The commercial storefront shall be designed in a manner that is consistent with the submitted elevation drawing 4. If a third floor is built, that it be designed in a manner consistent with the submitted elevation drawings showing a more transparent third floor. 5. If a garage opening along Bloomington Street is requested the adjacent curb cut for Planning and Zoning Commission November 15, 2012 - Formal Page 10 of 23 the private gravel drive shall be closed and the curb restored and parkway planted. 6. That the streetscape along Linn Street shall be installed in a manner consistent with the recently installed commercial streetscape of the Northside Marketplace. This streetscape plan shall be reviewed and approved by the Design Review Committee at the same time the building is reviewed. 7. The public alley from Linn Street to the driveway access for the building shall be improved according to the standards specified by the City Engineer. Freerks asked if staff would want to maintain the brick alley in need of repair as brick or change it to a paved surface. Miklo said the City Engineer has not yet determined the best way to repair it. Weitzel asked if the substation would ever change use. Howard said she is not aware of any change there. She said if that ever went away, the zoning change would allow another building consistent with the Northside Marketplace. Miklo said their experience is that it's very difficult to locate and relocate substations, so it's probably there for the foreseeable future. Eastham asked if there are any similar roof gardens in terms of size and plantings in the city. Howard said a new building could be constructed to handle the weight of a green roof. Eastham asked if because they included a roof garden on the concept plan, would the Design Review Committee require a roof garden if they built a third floor. Howard said rezoning this property will not guarantee that every aspect of the concept will be built, since these are not construction drawings. She said that it wouldn't necessarily be because the applicant doesn't want to build this design, but there could be circumstances on such a constrained site, where, for instance, they couldn't achieve the amount of parking, so they would have to reduce the number of units or number of floors. Thomas asked what the distance would be from the building to the west. Howard said there is not yet a site plan. She said, however, that the applicant might be able to answer the question. Freerks opened public hearing. Jesse Allen of 3704 Lower West Branch Road identified himself as the applicant and said when this proposal was brought before City Council the last time, he was getting comments from neighbors and passers -by, so he pulled the proposal. He said the new zoning amendments came up this spring and the new density bonus for one - bedroom units opened his eyes to this project and how it was a good way to put a project together. He said unlike last year, when they were gearing the building toward rentals, this time they are focusing on people who will buy the units and become permanent residents of the Northside. He said he saw a strong need for ownership on the north side. He said from talking with residents, they saw a desire for this kind of proposed building. He said they put a limit of two bedroom units on the third floor and they are using the second floor as one bedrooms or efficiencies to be affordable for workers in the neighborhood or downtown. He said the commercial aspects of the building are very different this time, with 2400 square feet that can potentially be divided into two leasable spaces. He said what Regenia Baily said at a City Council meeting really hit home with him; that this area really needs places where small, commercial businesses can move into and grow. He said regarding the setback, there is a private parcel between the two subject houses that is ten feet wide and that last had an owner in 1902. He said he is setting up a quit claim deed with the property owner to the west, which gives each owner a five foot easement to use. Allen said regarding the setback, on the first floor of the proposed building it would be twelve feet from the property to the west and on the upper floor would increase the setback by five to six feet. Planning and Zoning Commission November 15, 2012 - Formal Page 11 of 23 Eastham asked if the applicant intended to have residents recycle their kitchen waste into the garden area on the roof. Allen said there is a room for recycling elsewhere. Martin asked Allen if he intended the building to be LEED certified. Allen responded that it will definitely be at some level, but they haven't decided what level to take it to. He said they have committed buyers for one, possibly two, of the two- bedroom units. Mike Wright of 225 North Lucas St. said he appreciates the applicant's willingness to work with the neighborhood. He said the north side is not anti - development even though in recent years they have opposed redevelopment and usually loss of neighborhood character favoring short- term rental units. He said that he was cautiously optimistic about the proposed project. However, he said if this building should turn into short- rentals, that would be a deal breaker for the Northside Neighborhood Association. Jon McPheron of 220 East Bloomington said he has a concern with the on- street parking in the area, that on the north side of Bloomington Street the cars are rarely moved. He said many people who park are from the dorms. He suggested having metered parking on Bloomington Street, which would provide parking for customers as well as getting some of those cars to move. He also suggested making the intersection of Linn and Jefferson Streets a four way stop. Nialle Sylvan of 1722 Morningside Drive said she likes development when it works for a community goal and fits into the development around it and yet adds something to it. She said these concept plans blend well into the neighborhood. She also suggests putting in some metered parking. She said she thinks this building would add a lot to the neighborhood. She said she wanted to thank Jesse Allen for being available to answer questions she had. And she was very happy about getting the alley fixed. Sarah Greenwood Hektoen stated that the Commission's job is not to rezone based on whether the units will be owner occupied or rental units. Pam Michaud of 109 S. Johnson Street said that this is a sensible size of building for this location, LEED certification gets her support, she likes the idea of the rooftop garden, but she doesn't know how glass walls will work toward the LEED certification, as they are poor insulators. She said the glass gives the effect that the rooftop is floating and she thinks there needs to be more connection between that floor and the rest of the building. Freerks closed public hearing. Eastham moved to recommend approval of REZ12- 00028, an application to rezone .22 acres of land located at 221 and 225 North Linn Street and approximately 3200 square feet of property located on the west side of Linn Street, a Mid - American sub - station, from Neighborhood Stabilization Residential (RNS -12) to Central Business District (CB -2) subject to the conditions outlined in the staff report of November 15th, 2012. Weitzel seconded. Weitzel said this building plan addresses many of the concerns the Commission was hearing at Council level. He said he has no problem with the floating ceiling, and he likes the green roof. He thinks the content of this rezoning is consistent with the Comprehensive Plan, so he's in favor of it. Planning and Zoning Commission November 15, 2012 - Formal Page 12 of 23 Martin said there is clearly a need for smaller commercial space on the Northside, and this building does seem to complete that corner of the neighborhood. She said she is in favor of it. Eastham said he sees this application as consistent with the Comprehensive Plan as it has been amended, and he personally likes the third floor that is different from those below it. He said he is attracted to the idea of a green roof. Freerks said she is surprised that no one in Iowa City has done a green roof before. She said this is a much more comfortable fit for that space and it's interesting and should be an asset. She said the rooftop garden can fill the void for entertaining space and be a way to be outside. She said with parking as a premium, those rooftop gardens never make the cut, so this is one way to look at the future, and she hopes it meets success and makes it through to the final plan. She said she also likes the idea of the one bedroom units as well and hopes to see some. Swygard said she will support the rezoning of these properties but in doing so she is cautious about in the future that other properties maintain the neighborhood stabilization of the adjoining properties and properties to the north of that. Freerks said the Commission had talked about this before and decided that this not march further down Bloomington Street, but instead is completing the Northside Marketplace. Dyer said she was in favor of the previous version of the plan, and she appreciates the efforts that have gone into making it more compatible with the Council's idea of appropriate building. She said the composition of apartment sizes is good, and she hopes it sets a precedent for other things in the area. Thomas said some of his questions concerning the plan have to do with the Central District Plan which has a housing goal of achieving a healthy balance of rental and owner occupied housing in the district's older neighborhoods to promote long -term investment, affordable housing opportunity and the preservation of historic homes and neighborhoods. He said that long -term residency is really at the core of neighborhood stabilization. He said according to the U.S. Census there are 1644 housing units in the North Side and 84% of them are rentals. He said it is the intention of this project to provide more long -term housing, and that is outside the Comprehensive Plan zoning, however, it is background to any proposal. He said it's especially important because two existing houses are going to be torn down. He likes the idea of the rooftop garden, and said that the City still doesn't require usable open space in any of their residential zones, and it's interesting hearing the positive response about this feature. He said there's the question of whether the property will encourage development that will maintain the character and economic vitality of the Northside Marketplace. He added to that concern that the Northside Marketplace is the only urban pedestrian- oriented neighborhood commercial district in Iowa City and he would argue that it is not part of the Central Business District despite its CB -2 zoning. He said it has more of a neighborhood commercial feel to it. He said it's where the grown -ups go, and there's something distinctive about the Northside Marketplace. He said as the first major development proposal in this area, this proposal must establish a high standard. He said he feels that it's a place where the adults can live as well as go to. He asked if the proposed plan meets the Central District's objective of being compatible with the existing character of the commercial area and surrounding neighborhood. He said the question last year was that it would wrap around Bloomington Street and it's a critical issue to protect the stability of that street. He said with the current proposal the main orientation is toward Linn Street, which is right, and the design emphasizes that one to two story character that's the predominant scale of the buildings in the area. He said what's at stake here is a way of life, as represented by the Planning and Zoning Commission November 15, 2012 - Formal Page 13 of 23 Central District. He said these are really the only neighborhoods in Iowa City which have a sense of city life as opposed to suburban life. He said they are walkable communities within distance of schools and mixed use employment centers, so unless these neighborhoods are opened up to a more diverse demographic, people will look elsewhere. He thinks this a move in the right direction and is beginning to express that vision and ideal. Eastham said the Commission heard some question about parking and stop signs and the Commission really has no control over those issues. He said if people want to continue with those concerns when this gets before the City Council, the Council can generally look at parking issues and signage. Freerks said the Council hopefully reads the Commission's minutes most times, but it's a good idea to bring it up again if any of the public present at this meeting attends the Council meeting. The motion carried by a vote of 7 -0. Freerks called for a four minute recess Freerks called the meeting to order. Comprehensive Plan Rezoning CPA 12- 00005 /REZ12- 00026/SUB12- 00012NAC12- 00004: Discussion of an application submitted by Hy -Vee Stores, Inc. for a Comprehensive Plan Amendment, a rezoning from Medium Density Single- family Residential (RS -8), Neighborhood Public (P -1) and Highway Commercial (CI -1) to Planned Development Overlay /Community Commercial (OPD /CC -2) zone and a preliminary plat of Roberts Dairy Addition for approximately 8.21 acres of property located on North Dodge Street, east of Prairie du Chien Road and an application for a vacation of the public right -of -way for a portion of St. Clementss Alley. (45 day limitation: December 23, 2012) Greenwood Hektoen stated that she needs to recuse herself because her superviser, the City Attorney lives in that area, and there would be a conflict of interest to have her office represent the City on this case. She said that outside counsel would be provided. Miklo showed the Commission views of the neighborhood and explained what each building and zone was. He pointed out land owned by the City on the site which contains a radio tower and vacant land where once a water storage tank stood. He said there were previous proposals which weren't approved to expand the dairy in the RS -8 zone. He said the RS -8 was in place as a buffer between the dairy and the adjacent neighborhood, which is also zoned RS -8. He said there is also a proposal to vacate St. Clements Street, which if approved, would relocate the street to connect back to Prairie du Chien. He said the proposal is being put forward to allow this property to redevelop with a Hy -Vee and a convenience store. He said the Comprehensive Plan for this area stresses that this area could be commercial, but notes that it should be done in a way that is compatible with the neighborhood. He said staff believes there are ways to make that happen, but the applicant has applied for a potential amendment to the Comprehensive Plan if they don't reach agreement on that accord. Miklo said the initial concept plan raised concerns that the convenience store was situated in a way that would be intrusive on the residential neighborhood west of Prairie du Chien Road, so staff asked the applicant to redesign the vehicular access to the store. He said the revised plan has the convenience store pointed more toward the interior of the site and Dodge Street and is Planning and Zoning Commission November 15, 2012 - Formal Page 14 of 23 less intrusive on the residential to the west. He said staff still has concerns about the amount of buffer and its design between the convenience store and drive - through and the neighborhood to the west. He said on this plan there is substantial buffer in some places but in others the driveway comes within twelve or fifteen feet of the right of way, so staff would like to explore a greater setback and a different design of the buffer. Miklo said for this project to occur, the City would need to sell the water tank site to the applicant. He said they are exploring the possibility of removing the radio tower from this site. He said if staff can't reach an agreement with the applicant about removing the tower at their expense, the City would leave it there and negotiate with Hy -Vee for some evergreen screening. Miklo showed the proposed grocery and convenience store designs, the site and some neighborhood home photographs. He said staff's goal is to preserve as much vegetation as possible in the northwest corner of the property as a buffer to the neighborhoods to the north. He said in other cases where there were drive - throughs or fairly intensive commercial directly across from residential, as part of the Conditional Zoning Agreement the City is requiring landscaping and masonry fencing to provide an instant buffer. He said staff has discussed with Hy -Vee that it doesn't have to be a solid masonry wall for the 300 foot length of the property but that in key locations that should occur and could be complemented with landscaping elsewhere. He staff is recommending approval of this application with several conditions outlined in the staff report 1. A thirty -five foot buffer on the Prairie de Chien side of the subject property, perhaps slightly less depending on the quality of the materials and plantings between the public sidewalk and the development. 2. That here be no signs or lit signs within that buffer or on the residential sides of the building. 3. That there be a design review of the structures through the Design Review Committee. 4. Preservation of as much of the existing buffer as possible and supplemented in a particular area to buffer the neighborhood. 5. That a bus pull off on Dodge Street be constructed. Miklo said they have not come to complete agreement with the applicant on the buffer situation, so staff recommends these conditions unless there is an alternative that's acceptable to the Commission and City Council. Dyer asked if the amount of parking that's proposed is required. Miklo said the proposed amount of parking does exceed the City's requirements considerably. He said that in regard to staff's concern about increasing the buffer, roughly 10 to fifteen spaces could be removed, which would still far exceed the City's parking requirements. Eastham asked what the northeast side of the grocery store looks like as presently proposed. Miklo said driving south on Dodge Street you would see masonry or brick and then it steps back for the loading dock area. He said they just received these plans, so staff has not had the opportunity to see if it meets the standards. Miklo also showed Eastham what you would see if you were in the middle of the parking lot looking back at the building. Thomas asked if there is shrub screening on Dodge Street. Miklo said there is a requirement that there be S -2 level screening. Freerks asked if it was true that the current plan does not meet the minimum standards in some ways. Miklo said this is a concept plan and doesn't show all the details that are required. Eastham asked what the allowed height of the two proposed free - standing signs on Dodge Planning and Zoning Commission November 15, 2012 - Formal Page 15 of 23 Street would be. Miklo replied that they are allowed to be 25 feet tall. Swygard asked about lighting standards and how that might impact the neighborhood. Miklo said the City has greater control if a commercial development is within so many feet of a residential zone, and he believes that would apply to most of the parking lot. He said the lights are limited in height, and there is a foot candle requirement that applies. Eastham asked if the staff considered a site plan that had the building more towards the northern part of the parcel and where the front of the building is toward Dodge Street and there is landscaped parking between Dodge Street and the building. Miklo replied that when the original concept plan was submitted staff had concerns about where the convenience store was placed in relationship to the neighborhood. He said they did look at how this site might be laid out differently for a better relationship with the neighborhood, and they couldn't come up with a much better design in terms of the grocery store itself. He said there's a provision in the Comprehensive Plan that encourages buildings to be close to the street. Eastham said he's not keen on that idea in this case. He said what he's thinking about is what does this site look like from Dodge Street, which is a major access to the city. Martin asked if the current Hy -Vee is part of this plan. Miklo said it is staff's understanding that Hy -Vee leases that property and it is not included in this application. Eastham asked if the staff is interested in doing something temporary about the appearance of the existing store. Miklo said because that is under separate ownership, the City doesn't have the ability to address that under this zoning. Freerks opened public hearing. Pete Hosch with Hy -Vee corporate offices stated that they have been a member of this neighborhood for well over 20 years but it has come to a point where they can't offer the services they want to within the existing facility. He said they want to reinvest in the area and have worked with Roberts Dairy for over a year working out environmental issues on the site and are now at the point where they are happy with the layout of the site. He said they feel that it meets the intent of the Comprehensive Plan to pull retail closer to the street. He said the design elements of the proposed building are very similar to what was approved for the Hy -Vee Waterfront location. He said they respected staff's concerns about the convenience store and reoriented that facility, which actually created staff's concerns with the setback of 35 feet. He said they feel confident that they can establish a buffer there that meets standards using large evergreens, shrubbery and native grasses. He said they feel that it's not appropriate to have a masonry fence in that area, and they prefer vegetation. He said they would prefer to utilize additional landscaping to screen the utility tower rather than moving it. He said they are generally in support of the conditions. He said they intend to preserve the vegetation on the currently zoned residential property as long as it meets the design requirements in respect the installation of the City street. He said they support installing the bus stop and they fully intend to meet the S -2 buffer requirement along the Dodge Street fa❑ade. Weitzel asked if there is anything else on the site, other than the communications tower, that the applicant would be willing to re -use. Hosch replied that due to environmental issues, there is nothing else they can use. He said it all has to be removed. Freerks said she has concerns about the hedge as they go through the drive - through for the convenience store. She said it's something they have had to really look at closely in instances in Planning and Zoning Commission November 15, 2012 - Formal Page 16 of 23 the community with residential areas adjacent. She said vegetation probably won't be enough to screen adequately at that point on the site. Hosch said it's a coffee drive - through, so it's probably a less intensive use, but they do understand Freerks' concerns and they could perhaps look at some more dense vegetation or a masonry element at that one site. Freerks suggested a deeper buffer. Hosch reiterated that the orientation of the facility was at the request of staff. Freerks said she thinks the orientation is much better this way but that she thinks the applicant will find that something that blends into the community there will be embraced better than something that becomes problematic for certain people in the neighborhood and Hy -Vee will remain as a positive part of the community there. Hosch stated that Miklo had mentioned that they do far exceed the 35 feet for the preponderance of that frontage and it's really only the corner of the convenience store facility that was due to the reorientation of the facility. Freerks reiterated that it is a concern because that's where cars will stop and there will be activity. She said she does think that something needs to be done there. Hosch said he does believe that the vegetation standards are quite adequate in this location, but that they are happy to discuss this item, but it was in an effort to meet the request of staff. Freerks said a little removal of parking will go a long ways to make a difference. Hosch said is less about parking more about what happens when you move the facility further to the east. Freerks said compatibility is an important part of the Comprehensive Plan and this is something they need to be careful about. Eastham said this is a store appropriately placed on a major entrance to the city and asked what they have done to change the canopy or the fuel area from a design perspective that will make that an attractive area for people driving on Dodge Street. Hosch said they have lowered their foot candle well below what typical city standards are. He said the canopy is standard. Eastham asked if it will look like every other canopy in town. Hosch said it would, but with a much lower light level. Weitzel said looking at the design of the canopy is going to be important as it will stand above any of the screening and there have been a number of changes at this corner already over the years. Freerks said there were a number of large trees that were removed from the property across the street. She said there a number of things that make the Commission more sensitive in terms of what goes on and how it evolves in the area. Hosch said he believes it's a vast improvement over what exists there today. Weitzel said this is an opportunity for change. Hosch said the change in orientation of the convenience store provides less frontage of that canopy along Dodge Street. Mike Pugh said he represents Hy -Vee. He said the far west corner of that convenience store just touches the 35 foot buffer. He said they have a visibility triangle requirement at the corner of Dodge and Prairie du Chien but much of the overall frontage on Prairie du Chien exceeds a 35 foot buffer requirement. He said they are encroaching on that buffer in only two areas that were pointed out on the map. He spoke to the fact that the 300 foot masonry wall condition that's in the staff report would be very expensive, over $100,000. He suggested that the landscape S -3 screening would be preferred, and that would requires an area with six foot high buffer with a berm. He said Hy -Vee is proposing this as part of the conditional zoning agreement. He said if they had to move the driveway back behind the 35 foot line, it does pose challenges. He said Planning and Zoning Commission November 15, 2012 - Formal Page 17 of 23 they want to work out some solution that is reasonable and appropriate. He showed elevations of the convenience store and said there would be a street frontage orientation that would front onto Prairie du Chien with windows. He said one of the conditions is that the building goes through design review, and the applicant doesn't think that is a necessary step. He said this is not something the Design Review Committee would review under the City Code, and they think a better alternative would be that as part of the Conditional Zoning Agreement there is a requirement that the elevations look in a certain fashion. He said this building will look very much like the one on Waterfront Drive, so the proposed building has already in a sense gone through design review. Miklo said at the time they wrote the staff report, they did not have elevation drawings, and that would be an alternative staff would be comfortable endorsing if there's a plan that the Commission sees and ties to the zoning. Freerks said she wouldn't necessarily oppose that but is not doing it tonight based on the material they have before them. Weitzel said the Commission can do what they need to do with a Conditional Zoning Agreement as long as there's a public need for it. Pugh said he understands that. Weitzel said he's not unhappy with the plan of the building, but he's thinking about how it fits into the neighborhood. Pugh said he thinks the upgrading of the street will be of real benefit for the residents who live immediately north of this site. Eastham asked what the Comprehensive Plan amendment that the applicant is proposing. Pugh said that the Comprehensive Plan says something to the effect that commercial buildings should have a main street feel that's compatible with the residential neighborhood. He said he doesn't know the submitted amendment is, but his feeling is that if they can get an elevation that accomplishes that main street, they probably won't be needing an amendment. Miklo said when staff received the original plan, the main concern regarding the Comprehensive Plan was regarding the compatibility of having the convenience store directly across the street from residential and having access to Prairie de Chien. He said the discussion was unless they were able to work out those issues, they would have to amend the Comprehensive Plan and talk about that stipulation regarding compatibility with the neighborhood. He said as noted in the staff report, moving that curb cut goes a long ways toward doing that, but they do think that a better job could be done buffering with either distance or materials. Thomas said his concern is less with the setback and more to do with the drive - through function. He said if that were taken away, he would be pretty happy with the plan he is seeing. Miklo replied that there is an application for the Board of Adjustment to consider that drive - through facility. Thomas said the entire aspect of the drive - through is auto oriented, and Prairie du Chien is a residential street. He said he researched other city zoning codes on this issue and found them to have as much as a 200 foot setback for any drive - through function. He said the drive - through is right up against Prairie du Chien and he really doesn't see that working. He said if they took away the drive - through, then he doesn't think the masonry wall is necessary. He said he would promote a pedestrian oriented coffee service at the convenience store. Dyer said the Waterfront Hy -Vee is in basically an industrial neighborhood and there is no residential near that, so design review should consider the context of the building as abstractly Planning and Zoning Commission November 15, 2012 - Formal Page 18 of 23 what it looks like. Pugh said it would very much like the store on Waterfront. Freerks mentioned that in the staff recommendation it's really more of a 15 foot masonry wall than a 300 feet wall. Miklo said in initial conference with the applicant, they asked if a berm would be a possibility rather than a wall. He said staff agreed to consider alternatives to a wall, but then the plans came back with no berm. He said they are mainly talking about a wall placed near the drive - through. He said if the drive - through isn't set back, then the masonry wall is something staff would strongly recommend, but if the drive - through is eliminated that wall probably wouldn't be necessary. Freerks said she doesn't feel confident redesigning the applicant's site, but there are certain elements that are key that cause the Commission much concern and she thinks the drive - through is the main one. Pugh replied that moving the store further to the east creates some real challenges to the site so they would prefer to look at it in the context of the orientation of the store now and this revised plan and the screening. Freerks said that piles of dirt are cheap and berms would be fine when done appropriately. Pugh said there are some natural elements in the plan to make it look nicer. Weitzel reminded him that the goal of screening is also to reduce noise and lights. Nancy Adams -Cogan of 1117 St. Clementss Alley said she speaks for herself and her husband. She said the Hy -Vee store is a very good land use choice for that area. She said the rezoning of Tract #2 from RS -8 to CC -2 would shrink the area of the neighborhood and remove some of the buffer between what will be rezoned CC -2 and the rest of the residential area located north of the CC -2 zone. She said some of the Tract #2 is green space with established, large trees, and they believe it should remain that way. She said the lots on the east side of St. Clementss where there used to be two duplexes should remain RS -8, adding to the buffer zone and could be used to create a sound barrier between the neighborhood and the commercial area. She said they can currently hear Hy -Vee's recycling program and they won't welcome that sound in a closer location. She said they are concerned that property values tend to decline when next to commercial areas. She said traffic on Prairie du Chien has increased to the extent that it's difficult to access Prairie de Chien from St. Mathias Street, particularly during peak hours. She said the new store will create even more traffic and she would like consideration of a traffic light on Prairie du Chien and St. Mathias. She said emergency access to St. Clementss could be slowed because they are losing their straight shot out to Dodge Street because of the parking lot and they would welcome that access with this project. Eastham asked if people on St. Clementss could come through the Hy -Vee parking lot. Miklo responded that it's on City right of way but the dairy owns either side of it. Eastham asked if there is a plan to close St. Clements access to the Hy -Vee parking lot. Pugh said part of the application is to vacate that alley from St. Mathias to Dodge Street and in exchange for that, create a city street to connect to Prairie du Chien Road.. Eastham asked if cars can drive on the new street and get into the Hy -Vee lot. Pugh replied that they could. Eastham asked if the people on St. Clements could do the same thing. Pugh affirmed they could. Freerks asked where the recycling will be. Hosch said they have an outside vendor provide that service, and if people in the neighborhood don't want it, that won't be a problem — it would be a service that would go away. Freerks said it Planning and Zoning Commission November 15, 2012 - Formal Page 19 of 23 would have to be part of the plan if they wanted to keep it. Tam Bryk of 351 Magowan Avenue said she's aware of all the trees that were taken down in that area. She said she says improvement is a relative term and she thinks the applicant needs to be sensitive to the neighborhood and what they think is improvement. She suggested that perhaps the engineers could be a little bit inconvenienced to change the design of the convenience store and drive through. She said this neighborhood was beleaguered when all those trees were felled and she thinks the plan needs to be given a bit more thought. Patricia Knox of 2607 Friendship Street said she lives behind and quite a distance from the Hy- Vee on 1" Avenue. She said Hy -Vee put in a huge berm to cut down on the noise and planted evergreens, and it still doesn't prevent her from hearing the noise of the compressors on their roof and at night in the summer they can't sleep with the windows open. She said she wants the Commission to be aware about the noise and find out where those compressors will be placed. Freerks closed public hearing. Freerks said they have some time on this, and there are a number of questions the Commission has that suggests they defer a vote. Eastham moved to defer this item to the next meeting on December 6th, 2012. Thomas seconded. Eastham reiterated that he is particularly interested in the appearance of the store itself from Dodge Street from both its southern and eastern aspect, as well as the appearance of the parking area. He mentioned an aisle in the lot that may be noncompliant. Miklo explained that staff has not yet reviewed this plan. Dyer asked to see the back elevation of the store. Miklo said there is the loading dock back and then the back that would be exposed to an open area. Dyer asked if the store would sit at an angle on Dodge Street. Miklo said that was correct. Dyer asked if that would be visible driving into town on Dodge Street. Miklo said it would. Weitzel said he doesn't have any problem with the design of the store right now, but he would be interested in looking at if the canopy meets all sign standards and what about emission of noise from the cars and the effects on the neighbors. Freerks said she doesn't have any problem with the way the building is sited on Dodge Street but she would like to give staff some time to look over the drafts and see that everything meets standards. She said she has concerns with the recycling and where it would be placed, and noise from the drive - through, if it's necessary. She said if it's something that can go away she thinks there could be simpler solutions and if it stays, she said they need to look at berms and some masonry because the headlights will be too much for the houses across the street. She said this is something important that they've always put a lot of thought into when there are drive - throughs that are adjacent to the area it would affect. She said she'd like a better idea of the alley configuration and buffer screening and the trees that will really need to be removed to Planning and Zoning Commission November 15, 2012 - Formal Page 20 of 23 put the road in. She said the trees are important parts of the neighborhood buffering and are part of a reason why that area was not rezoned and dairy did not expand in that direction in the past. Martin said she agrees that there are questions that need some more consideration but overall this is an arterial going toward Northgate, and there is a lot of activity over there. She said this makes a lot of sense, but there are definitely things that need to be considered, but for the most part, she's very much in favor of this, especially having a coffee shop right there. Swgard said she agrees that it's an arterial street and is heavily trafficked and this is where they put this kind of development but they need to be very sensitive to the established neighborhood, especially with that drive - through and having it so close to the neighbors to the south, the noise during whatever hours of operation would be, and the headlights. Thomas agreed. Freerks said that this is important to the community but it's about finding a way to not have it not be obtrusive to the surrounding area and making it compatible. Eastham said he is fine with the land use but these design elements concern him. A vote was taken and the motion passed 7 -0. Comprehensive Plan Item A public hearing to amend the Comprehensive Plan to adopt the Downtown and Riverfront Crossings Plan as an element of the Comprehensive Plan. Howard said the goals are similar to the sub -area plan that was adopted, but they added a couple things. She said one of the main goals is to maintain Downtown Iowa City as the focal point of the region, and making sure that development and redevelopment in Riverfront Crossings is connected to and complements Downtown. She said the plan also adds a component regarding the west side of the river. There was extensive discussion about how to address issues and what the character will be on the west side of the river. Thirdly, she noted there were many people from the arts community who got involved in the planning effort, and it became a goal of the plan to incorporate art throughout downtown and Riverfront Crossings. She said as a consequence of this planning effort an ad hoc arts group has formed that has been active in thinking about how art and living and working space for artists and a community art center could be incorporated into the plan for Riverfront Crossings. She noted that several people from that group were in attendance at the meeting. Howard noted that there are many details in the plan that the Commission should look over, but she would just note some of the highlights. She said that most of the property in the district is privately owned, so the goal of the plan is to facilitate and create a vision for private development and redevelopment over time. She said the public part of the plan is rethinking our relationship to the Iowa River and to Ralston Creek and how we create community and public space in those areas and how that can be a catalyst for redevelopment in this district. She said the plan also addresses how important a multi -modal transportation network is to creating a sustainable urban neighborhood. The plan addresses goals for improvements to the street infrastructure to better accommodate bicycles and pedestrian, goals for restoring the street grid, Planning and Zoning Commission November 15, 2012 - Formal Page 21 of 23 the creation of public green space, and how to incorporate arts into the new neighborhood. Howard said there had been a lot of discussion about how to stabilize the neighborhoods north and east of downtown, and one way to do that is to figure out where student housing should be located, and Riverfront Crossings has been identified as an area for high density student housing if it's properly located away from low density neighborhoods. She noted that the bicycle community has asked for a few changes to the bicycle section of the plan, and staff is fully in support of what they are suggesting. She said there's a lot in the plan about green space, extending the Iowa River Corridor Trail, rethinking the Iowa River and how to make it more resilient to future flooding, restoring Ralston Street, and thinking about public art and how it can be incorporated. She said there are a number of ideas in the plan such as an art incubator program, how to incorporate public art throughout the entire district and specifically the idea of a community art center in the old Wastewater Administration Building. Freerks opened public hearing. Leslie Hollis of 2030 Sweetbriar said she is part of an ad hoc group that is very excited that the arts are being considered in this development. She said she currently has a business on Maiden Lane, and she knows that Maiden Lane was considered to have a lower density live -work spaces. She said that meditations are held in her building so they are hoping that the train can be replaced with light rail. She said the ad hoc group has looked at the Wastewater Administration Building called the Control House that they hope would be preserved and possibly turned into an art center when the new park is developed. She said they hope they could have conversations with the City as the waste water treatment plant is decommissioned to save some of the large containment structures in the back that could be used for garden space or water containment. Patricia Knox said she is also part of the ad -hoc group called AHA! (A Home for the Arts). She said they have been focusing on the control house for an art center, which is smaller than what they had been envisioning with all the things they'd like to include, but it's a good place to start. Tam Bryk said she is part of AHA! and they have met with all kinds of groups about Riverfront Crossings and the potential for an arts center in town. She said there is a significant number of artists in town who do not have a studio. She said there is a need for community space where artists who work alone can come together, and her group thinks that Riverfront Crossings is prime for this kind of space. Jiyun Park of 20 Rocky Shore Drive is a member of AHA! and is here as a supporter of the arts and the community. She thinks the Control House would be a great location to serve both the arts and the community. She said she also thinks that incorporating Riverfront Crossings as part of the Comprehensive Plan would be a great idea. Freerks said maybe the school district could get involved to some degree in the arts projects that AHA! is envisioning. She said she feels that the arts are slightly endangered in some areas of the community and to have a way that the two could work together in the future would be great. Park said that's a brilliant idea. Freerks closed the public hearing. Eastham said this is a major plan and he would like more time to review and consider it. Planning and Zoning Commission November 15, 2012 - Formal Page 22 of 23 Eastham moved to defer amending the Comprehensive Plan to adopt the Downtown and Riverfront Crossings Plan as an element of the Comprehensive Plan to the Commission meeting of December 61h, 2012. Thomas seconded. A vote was taken and the motion carried 7 -0. OTHER: ADJOURNMENT: Eastham moved to adjourn. Thomas seconded. The meeting was adjourned on a 7 -0 vote. z O N N 20 0(.) z 0M w Z V C4 W � 0 ca z L9 ~ O za z IL �xxX I xxxx Hxh 1 xHxM oxxxlxx0x roXxxlxxxx T- o X X X I X X x 0 o> °Xxx;xxxo co cooxxlx0x0 o� ;xxXi xxxx n N X X x i x x x- ao CXXXIXXXX to T- x x x l x x x X M Ooxxi xxxx to LO OXX -xlxxx MX X X o I x x x °xxxx I x x x M so XXXX I x x x N N XXXX I X X X XXXX i X x X r N �W Cfl(GthNnlnwM wG.L LO LO Lr)LO InLn �XOOOOOOOO W Li a tjQR- ZaNW 2 wLu Q LU ' -Wm. -V' zp W N W CL IX O- zowU- Ye2U)P z H w W O LL z E E N O 0 N -o 0 -00 O O O O z cu U p) U p� x C: w N w � O c N E c N C U) � aD (D cn N ac) a) oOXX CL n n w g 1 XXXD x00 z xooz a O Y Y Y �OX0 XX 0 V-XXX i XXXX MXXX i X�Xw ti aoXX 1 XX00 RX X X i X X X X mXXO ui i XXXX MXXX -1XXX ti N X X X X! X X X N M Z-XXXXiXXX N w CO Cfl M N r� �n �n M a/ wXo0CD0o000 w W_ J w J zw Q z = W :)z 00<w =aO� w m a p F- V Z Q Q w 2 N w W w W O L Q W >- Q12 a OQ� =w W zawU.Ye201 -� E E N O 0 N -o 0 -00 O O O O z cu U p) U p� x C: w N w � O c N E c N C U) � aD (D cn N ac) a) aQa? CL n n w g u u w v) x00 z xooz a O Y Y Y CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: FINAL /APPROVED POLICE CITIZENS REVIEW BOARD MINUTES — November 20, 2012 Chair Joseph Treloar called the meeting to order at 5:34 P.M. Melissa Jensen (5:44pm), Donald King, and Royceann Porter Kingsley Botchway Staff Catherine Pugh and Kellie Tuttle None Captain Jim Steffen and Officer David Schwindt of the ICPD. RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #12 -03 CONSENT CALENDAR Motion by King and seconded by Porter to adopt the consent calendar as presented or amended. 2b(s� = ] • Minutes of the meeting on 10/09/12 • ICPD Department Memo #12 -41 (May -June 2012 Use of Force Review) • ICPD Use of Force Report — May 2012 • ICPD Use of Force Report — June 2012 Motion carried, 3/0, Botchway and Jensen absent. NEW BUSINESS Additional Board Recommendations — The Board decided to table this item until the next meeting when all members could be present for discussion. OLD BUSINESS None. BOARD INFORMATION Treloar /Pugh gave a brief overview of their meeting with the Ad Hoc Diversity Committee on November 19th and the following possible recommendations the Committee came up with after discussion: (1) Have someone explain the complaint procedure when people come in to get the form, which staff already does. (2) Have the City Manager be present during the investigation when the Chief meets with the officer. (3) Have PCRB member or staff be present with the complainant when they are interviewed by the Police Department. STAFF INFORMATION None. PUBLIC DISCUSSION None. PCRB November 20, 2012 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by King and seconded by Porter 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, 3/0, Botchway and Jensen absent. Open session adjourned at 5:42 P.M. Returned to open session at 5:48 P.M. Motion by King, seconded by Porter to forward the Public Report as amended for PCRB Complaint #12 -03 to City Council. Motion carried, 4/0, Botchway absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • December 11, 2012,5:30 PM, Helling Conference Rm • January 8, 2013, 5:30 PM, Helling Conference Rm • February 12, 2013, 5:30 PM, Helling Conference Rm • March 12, 2013, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by King, seconded by Porter. Motion carried, 4/0, Botchway absent. Meeting adjourned at 5:50 P.M. W A W o 5 U N N vsUa �W OF W� U a 0 a b� as D'S p .w G� 1� a��zz �coOZ ; !W� F�1 O� M N x w a � D'S p .w G� 1� a��zz �coOZ ; !W� F�1 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 November 20, 2012 To: City Council Complainant City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #12 -03 E l.a . urn tl� This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #12 -03 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the Police Chiefs Report ( "Report ") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on June 8, 2012. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on September 5, 2012. The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (13)(1)(a), On the record with no additional investigation. The Board met to consider the Report on October 9, .2012 and November 20, 2012. FINDINGS OF FACT In May 2012, Officer A was assigned to investigate two reports of sexual abuse which involved parties from the same family. The Complainant's family resides in Iowa City and the other family resides in Cedar Rapids. The Complainant's family includes the complaintant, an 18 y.o. son, and a 7 y.o. daughter. The family in Cedar Rapids includes a mother, father, 16 y.o. son, and 9 y.o. son. The complaintant and the mother have a relationship which involves the children of both families spending time with each other. The first, initial investigation involved two allegations against the Complainant's son. The first allegation involved the 9 y.o. of the Cedar Rapids family. The second allegation involved the Complainant's 7 y.o. daughter. A second subsequent investigation involved an allegation against the 9 y.o. of the Cedar Rapids family and involved the Complainant's 7 y.o. daughter. During the investigations, it was recommended that the Complainant's family and the Cedar Rapids family not have contact with each other. The first allegation of the first complaint against the Complainant's son was investigated by the Iowa City Police Department, the other two allegations were investigated by the Department of Human Services. ALLEGATION #1 — Improper action jeopardizing the safety of his child Based on the provided witness statements and the investigative reports, there is no evidence to suggest there was any potential harm to the Complainant's children as a result of the Complainant's perception that Officer A did not return his phone calls in a prompt manner. Allegation 1: Improper action jeopardizing the safety of his child - Not sustained ALLEGATION #2 — Improper conduct There is no evidence to suggest improper conduct on the part of Officer A. Information indicates through the course of the investigation, the Complainant perceived some statements from Officer A as rude, although the records indicate these statements were sometimes when the Complainant was not given the information or response he wanted. There is nothing to indicate Officer A's conduct was improper during these discussions. There is no violation of the Iowa City Police department policies indicated. Allegation 2: Improper conduct - Not sustained ALLEGATION #3 — Improper demeanor of both officers Witness statements and investigative reports do not show the Complainant was treated improperly because of his disability. The Complainant perceived he was being spoken to as if a child -and sufficient time was not taken to explain things to him, although officers did rt't make derogatory comments or negative comments. The Complainant did not provideany additional information to show bias. There is no violation shown of Title II of the American =with Disabilities Act. T Allegation 3: Improper demeanor of both officers - Not sustained COMMENTS ' None. �- �u 2b Approved Minutes August 2012 MINUTES SENIOR CENTER COMMISSION AUGUST 16, 2012 ROOM 208, IOWA CITY /JOHNSON COUNTY SENIOR CENTER Members Present: Jay Honohan, Rose Hanson, Mark Holbrook, Daniel Benton, Sarah Maiers, Chuck Felling Members Absent: Michael Lensing Staff Present: Linda Kopping, Kristin Kromray, Michelle Buhman Others Present: Steve Schomberg, Gene Spaziani RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order by Honohan at 4:00 PM. APPROVAL OF MINUTES FROM MAY 17, 2012 MEETING: Motion: To accept the minutes from the July 19, 2012 meeting. Motion carried on a vote of 6/0. Holbrook, Maiers. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan will attend a Johnson County Board of Supervisors meeting in September. PRESENTATION AND DISCUSSION OF NEW HORIZONS BAND FEE STRUCTURE: Gene Spaziani reported that there are approximately 65 members of the New Horizons Band. He gave a brief history of the band, how it operates, and an overview of the various groups in the band and how many hours the band volunteers for the Senior Center each year. Approved Minutes August 2012 Schomberg reported on the structure and philosophy of the New Horizons Band. Schomberg explained that Don Coffman, who was the first band instructor worked for the University of Iowa School of Music, left last year after 16 years. At that point a band transition team was formed to make by -laws and a budget. Schomberg went on to explain that the band has continued its relationship with the University of Iowa in selecting a new director (Erin Weir) who is a visiting professor and music students who direct and instruct ensemble groups. Schomberg shared an overview of the band budget. The band has a separate fund within Iowa City's general fund. Schomberg explained when Coffman started the band he felt that all students should pay the same amount of money in band tuition. Due to this when membership fees were implemented in 2003 Coffman set up a fee structure where members from outside of Iowa City pay a smaller band fee as the cost of a Senior Center membership was higher for those outside of Iowa City. Schomberg stated that because of the way the band was started it had a different relationship with The Center than other groups. Further it had a longstanding "covenant" with its membership to make sure the total of membership fees and participation fees were the same for all New Horizons Band members. Honohan explained why the membership fee is structured as it is. He explained that the City of Iowa City provides the majority of the funding for the Senior Center. By allowing the band to set fees in this reverse tiered system it would be undermining the fee structure set out by the Senior Center and the City Council. Kopping indicated that she knew Coffman provided scholarships for low income band members but had no idea this tiered fee system was in place. She stated that this fee structure is not in line with all of the other activity groups at the Senior Center and that activity fees should not be based on the residency of the participant. Membership fees and participant fees address two entirely different expenses. Kopping expressed that she sees the New Horizon Band as an outcome of a partnership between the University of Iowa, West Music and The Senior Center. The band fund, while it is in a separate account within the City, is still City money. Music and equipment purchased with the money is City owned and the band is an integral part of the Senior Center. Kopping reviewed the organizational, promotional, accounting, staffing, storage, clerical and programming services provided by the Center that support the operation of the band. Schomberg, Spaziani, Honohan and Kopping all agreed to meet with the band steering council to discuss this issue in the near future. Approved Minutes August 2012 STEERING COUNCIL REPORT: Felling reported that Bryson Dean of the outreach committee suggested advertising openings on committees be posted on the leadership bulletin board. The second annual Mac and Cheese event will be held September 28th at the Senior Center. Tickets for the event will be $7 in advance or $10 at the door for all you can eat mac and cheese, side salad, bread sticks and homemade dessert. Sponsors for the event include Hills Bank and Trust and Legacy Senior Living, who is donating the food. FEEDBACK ON INCREASED PARTICIPANT AND PARKING FEE STRUCTURE: Kopping reported there has been no negative feedback regarding the increase of membership and parking fees. The only question has been if University Heights residents are to pay the Iowa City fee or if they pay the county fee. Since University Heights is not in Iowa City they must pay the county fee. DISCUSSION ON DEVELOPING REGULATIONS FOR SERVING ALCOHOL AT SENIOR CENTER EVENTS: Honohan reported that the City Council has passed the first reading of the ordinance regarding the serving of alcohol at the Senior Center. The Senior Center will need to develop rules and regulations and suggested a small group of Commissioners meet to develop them. Holbrook, Honohan, and Lensing were appointed to a committee to work on developing administrative rules. OPERATIONAL OVERVIEW: Kopping reported that the onsite review for the Senior Center's national accreditation will be September 13 and 14. There will be a number of meetings with Christine Beatty who is the director of the Madison, Wisconsin Senior Center. Kopping will meet with maintenance staff and sign designers to finalize the new outdoor signage. In addition to the front sign the senior center will have a new awning above the Washington Street entrance. Buhman reported that the Visibility Action Team is working toward SAGE affiliation. SAGE stands for Senior Advocacy for GLBT Elders. Kopping noted that the Parking Department will be changing how they handle Senior Center parking permits and the Senior Center has begun testing the new Approved Minutes August 2012 system with a small number of parking permit holders. The new system will cut down on staff time (by the parking department and the Senior Center). Buhman reported that in the fall program guide there are 94 different classes, 3 fundraising events, 10 special events, 3 newcomer coffees, 7 professional outreach services, 6 performance groups, and 13 volunteer opportunities. Buhman invited all Commissioners to come to the annual Membership Appreciation event which will be held on September 13 with the Eddie Piccard Quartet preforming. COMMISSION DISCUSSION: Ikirem ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 6/0. Maiers /Benton. (n N N T O j N 'O t3) N > Q O Q CL EO c N N .E E� U 0 L N I4 d V r U N R � C = N CO) Q O N N T LO T T co T O T O N CD co w x x x x x X co o O x x x x x x X CO T Z Z Z Z Z Z Z co ti X X X X X X LO 0 X X X x X v O O LO X X X x X X W M m O x x x x x x N rn w X x X X X T U N N Iq � co M N CL T T T T T T T X \ \ \ \ \ \ \ W T T T T T N E N N N N N N F(D rn c c cm C O C O Cl) O .n+ C O O f0 c N N N (a O c J cu m LL = 2 O N U N Y = L C 7 fq f0 cu cc >, U_ Cc Z 0 U � X C E W N CO O O d Q Q Z Z II II II II W 2 II xOOZ Y IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED MONDAY, OCTOBER 22,2012--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Laura Bergus, Alexa Homewood, Matt Butler, Hans Hoerschelman, Nicholas Kilburg MEMBERS ABSENT: STAFF PRESENT: Mike Brau, Ty Coleman OTHERS PRESENT: Josh Goding, Bond Drager, Kevin Hoyland RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Hoerschelman said some adjustments have been made to the broadband survey. Language on the purpose of the survey needs to be developed to inform survey responders. Goding said that the PATV board will meet November 17 at 6 p.m. The annual membership meeting will follow at 7 p.m. A new board member will be elected and awards will be given out. PATV will be involved in the upcoming Land Locked Film Festival. PATV will host a screening of a short documentary "Journey TV" which PATV worked on at the Bijou Theater October 28 at 5 p.m. A question and answer event with the filmmakers will follow the screening. Following that event some productions made at PATV will be shown at an event at Gabe's at 6 p.m. A proposal to hire an intern is being developed who could be involved in assisting the school channel. Hoyland and Moreland have discussed educational opportunities that might arise from a prospective joint access facility. APPROVAL OF MINUTES Hoerschelman moved and Kilburg seconded a motion to approve the amended September 24, 2012 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hoerschelman said some adjustments have been made to the broadband survey. Language on the purpose of the survey and general background information needs to be developed for publicity directed toward potential survey responders. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES A complaint report was included in the meeting packet. Kilburg said he would be interested to learn if the consumer whose account was sent to a collection agency by mistake will have their credit rating impacted. MEDIACOM REPORT No Mediacom representative was present. Kilburg said he will draft a formal request for information regarding non - proprietary information regarding phone call completion rates. Hoerschelman said he recently subscribed to the Mediacom service and encountered several problems and delays in initiating service. One problem is the lack of information Mediacom makes available on the web regarding prices. Mediacom does not make rate information available over the web on prices that consumers will pay after the promotional period has expired. The information on the City Cable TV Office website is also out of date. LOCAL ACCESS CHANNELS REPORTS Hoerschelman noted that the City and PATV provided written reports that were included in the meeting packet. Goding said that the PATV board will meet November 17 at 6 p.m. The annual membership meeting will follow at 7 p.m. A new board member will be elected and awards will be given out. PATV will be involved in the upcoming Land Locked Film Festival. PATV will host a screening of a short documentary "Journey TV" which PATV worked on at the Bijou Theater October 28 at 5 p.m. A question and answer event with the filmmakers will follow the screening. Following that event some productions made at PATV will be shown at an event at Gabe's at 6 p.m. A proposal to hire an intern is being developed who could be involved in assisting the school channel. Hoyland and Moreland have discussed educational opportunities that might arise from a prospective joint access facility. CABLE TV ADMINISTRATOR REPORT Hardy was not present. Coleman said Hardy did not provide him with a report. JOINT ACCESS FACILITY Hoerschelman said that Hardy emailed the Commission with information that not much progress has been made on a proposed joint access facility. Goding said PATV has completed a worksheet outlining PATV's space needs. ADJOURNMENT Homewood moved and Kilburg seconded a motion to adjourn. The motion was approved unanimously. The meeting was adjourned at 5:47 p.m. Respectfully submitted, 7�� Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 47 MnNTH ATTFNnANCF RECORD (X) = Present (0) = Absent PC) = Absent/Called (Excused) Hoerschelman . Ber us 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 Kilbur 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 8/27/12 x x x x X 9/24/12 X X X X X 10/22/12 X X X X X 11/26/12 X X X X x (X) = Present (0) = Absent PC) = Absent/Called (Excused)