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.
Z
p
W
W
a
O
z
E
N
=3
0
7
0
r
O
N
0
O O
U p�
U p�
-LXXx
a�
c E
c
N
N
N m
N
XXXX
a
oo
o
X
X
X
i
X
X
D
X
0
Y
Y
Y
;
Xx
0
�oxxxixxxX
o
X
X
X
1
XXX
D
w
�Xxx
;
XXXD
co
0xx
XX
;
x0x0
00
CD
;XXX
;
xxxx
Nxxx
;
xxxo
�O
CD
X
X
X
i
X
x
x
x
ti
z
XXX
i
�
x
x
X
x
0
CDoXx
;
xxxx
N
CDxxOX
XXX
to
X
X
X
w
D
i
X
X
X
M
RXxxx
0
0
0
0
XXX
0
0
M
�O
X
X
X
X
I
X
X
X
N
J
W
J
N
o
X
X
X
X
!
X
X
X
N
00<Lux
a
O�
Z
r
X
X
X
X
I
X
x
X
N
Ix
maonF
-
womNI--
x
W
Z
ooM
Q
W
�W
-WaF
ce
-020
�X00000000
W
G
w
ww
e
z
N
tid
*.
a
v
�vi00ao'SF-
=W.
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)