HomeMy WebLinkAbout2015-02-23 Bd Comm minutesMINUTES APPROVED
BOARD OF ADJUSTMENT
JANUARY 14, 2015 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Connie Goeb, Brock Grenis, Becky Soglin
MEMBERS ABSENT: Gene Chrischilles
STAFF PRESENT: Sarah Walz, Susan Dulek
OTHERS PRESENT: Wendy Harbaugh, Gene Davis, Kevin O'Brien, Noah Kemp
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Grenis outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDERATION OF THE NOVEMBER 12, 2014 MEETING MINUTES
Baker moved to approve the minutes.
Soglin seconded the motion.
A vote was taken and the motion carried 5-0
BOARD OF ADJUSTMENT TRAINING:
Dulek wanted to discuss BOA proceedings and give a little reminder of the structure and
framework of special exceptions. Special exceptions are where City Council has granted by
oridinance some flexibility to city zoning code. Council has set up standards by which the BOA
must follow. General standards that apply to every special exception and then specific
standards that apply only to the particular special exception that is being requested. So when
an applicant makes an application they have to say why they meet each of the standards. Then
staff reviews the application and offers evidence and opinion on the application. Then there is
the public hearing where any member of the public can address the application and the
applicant or staff can add more information for the BOA to use in making its decision.
Dulek pointed to the applicaiton in the BOA's packet for this meeting to show how the report
goes through the general standards and the specific standards for the individual application.
Board of Adjustment
January 14, 2015
Page 2 of 10
Staff prepares the report based on specific standards and the general standards and goes
through each standard one at a time.
Just like a jury, the Board must decide how much evidence is necessary. This is not the same
as a criminal case in which evidence must be beyond a reasonable doubt—that's a lot. Here it is
just a "preponderance of evidence," that means just about 51 %, or more than likely the
application meets each standards. The Board must go through each and every standard—not
just one, not just most, but all must be satisfied by a preoponderance of evidence.
Soglin asked, for example, if just one single standard, say standard b, is not met, whether that is
all it takes to deny the application? Dulek replied that this is correct, but the Board must explain
why they do not believe the standard is satisfied. Dulek stated, while it may sometimes frustrate
the board, most standards are fairly easy to meet by design.
Walz stated that one thing she goes through with applicants is how the specific standards are
written to address the general standards. So, for example, how does a setback request for a
porch impact the general safety and welfare or impede future development on other property?
The specific criteria ask if the setback creates an issue for fire separation or firefighting? Is it
encroaching upon the public right of way such that a care backing out cannot see traffic or
pedestrians? So most often the general standards draw from the specific standards. The
specific standards are written to address issues of safety and neighborhood character or the
appropriate uses in the zone. Many times applicants, they don't always go through the criteria
item by item, but their site plan does the talking for them to show all the standards are met. It
shows the setbacks, the parking, the landscaping, etc., that the specific standards call for.
Dulek clarified that this is why the specific standards are discussed first in the staff report.
Grenis asked whether a variance or an appeal also is judged by a preponderance of evidence.
Dulek answered yes. Dulek says this comes from Civil Law. Walz stated in the case of appeal,
the question is whether a decision was arbitrary and capricious. Staff always asks if it was that
something got ignored or not applied to the correct standard.
Dulek stated that if the applicant appeals the BOA decision, they must show a preponderance of
evidence on a particular standard. So when the judge looks at the case, the question is isn't
whether he or she would have drawn the same conclusion from the evidence, but rather was
there enough evidence offered that the Board could reasonably come to its decision. The
phrase "arbitrary and capricious" means that you were looking at something that did not apply—
something other than the standards before you. Arbitrary and capricious is tough to prove—that
you have not been reasonable in drawing your conclusions it is not substituting someone else's
conclusion or decision.
Dulek added that just skipping to the fourth point, one of the judicial reviews is the judge looking
at the case and deciding if there was a reason to state there was not a preponderance of
evidence on one of the standards or if the decision was just arbitrary and capricious.
Walz reminded the Board that at the previous meeting Dulek had polled the Board and
cautioned that if they were going to deny an application they needed to point to a standard that
Board of Adjustment
January 14, 2015
Page 3 of 10
was not met. It is not enough to say, well this doesn't seem right or I don't like something about
something that happened with the property in the past. You have to point to a standard.
Grenis stated he puts a lot of emphasis on the standard regarding being injurious to the
neighborhood, and if no neighbors come to public hearing to speak up, then he feels that is
criteria that standard is met. Dulek stated that with the staff comments and the applicant's
comments, and no public speaking against or offers any evidence to the contrary, that would
likely cover the preponderance of evidence.
Soglin questioned the order of Board discussion, then the motion, then the vote and findings of
fact and whether the Board was just saying the same thing at both the discussion stage and the
stating of the findings of fact stage. Walz replied that before one makes a motion there needs to
be discussion to make sure no one has more questions for staff or the applicant—that all board
members have everything they need —all the facts—and understand what is being approved—
before a motion is made. If someone is on the fence, that is the time to ask for more or to point
out where the application is coming up short or where some additional evidence has been
provided that casts the application in a different light. Dulek added that the BOA can always
defer the vote if there are a lot of question, or if more information is needed.
Dulek thanked the BOA for their time, and to come to her with any questions.
SPECIAL EXCEPTION ITEM EXC14-00012 :
EXC14-00012: Discussion of an application submitted by John Wadhams on behalf of
Bruegger's Bagels for a special exception to allow a drive-through facility to be located in the
Riverfront Crossings -West Riverfront Subdistrict (RFC -WR) zone at 708 South Riverside Drive.
Walz presented the staff report. Bruegger's Bagels• is seeking to relocate its store, which
includes a coffee service, to the property at 708 South Riverside Drive. The property is at the
northeast corner of Riverside Drive and Benton Street and was recently rezoned to be part of
the West Riverfront Subdistrict in Riverfront Crossings. The business would like to provide a
drive-through option. Drive-through facilities are an accessory use allowed by special exception
in the Riverfront Crossings West Subdistrict. Walz showed the location map of the area, noting
that the adjacent green space is referred to as Ned Ashton and is classified as a park but really
functions as a trailhead. The subject property once contained a business that some years ago
(2006) was destroyed by a tornado. The decided to redevelop his business elsewhere and
market this property for some other use. The property has remained vacant with no other use.
Walz explained the Riverfront Crossings Master Plan and how it affects the subject property and
how the West Riverfront Subdistricts differs from areas on the east side of the river in terms of it
emphasis on pedestrian vs. automobile facilities
Walz presented several views of the property to explain how the site would function with regard
to parking and vehicle access as well as setbacks and landscaping and improved pedestrian
space.
Board of Adjustment
January 14, 2015
Page 4 of 10
At the request of the property owner, the City also vacated a portion of the Old Benton Street
right-of-way, which served as an alley between the subject property and the Linder Tire property
to the north. One half of the right-of-way will be conveyed to each property owner. A public
access easement will allow use of the shared drive for accessing the two private properties and
the trailhead for the Iowa River Corridor Trail at Ned Ashton Park.
Baker asked Walz to point out on the slide where the new curb cut would be on Benton Street
and Walz showed the general area and stated that the transportation and streets staff have
looked at the area and have determined there would be adequate visibility for the right -out only
exit.
Walz explained that the drive-through standard were recently re -written to address the special
nature of the Riverfront Crossings and to acknowledge that there are some places in the area
where drive-through uses may be appropriate.
Walz reviewed with the BOA the standards she felt are the crux of the decision.
Wherever possible and practical, drive-through lanes shall be accessed from secondary streets,
alleys, or shared cross access drives. Walz showed that the access to the proposed drive-
through lane is from 22 -foot wide access drive that is shared by the subject property and the
Linder property to the north. She explained how the parking and drive would function and how
the additional curb cut onto Benton would function.
To provide for safe pedestrian movement, the number and width of curb cuts serving the use
may be limited. Walz explained that the drive-through could function without the additional curb
cut but that it functions more efficiently with it. She showed on the site plan how the stacking
spaces work and the distance from Riverside Drive.
Walz explained the requirements for building and parking placement. Due to unsusual shape of
the lot, and because it is a corner lot, the parking area cannot be concealed entirely behind the
building. Therefore the proposed drive-through window and lane are located on the back (east)
side of the building and are screened from Benton Street behind a 3-4 foot masonry wall with
additional landscaping between the wall and the pedestrian area. .
Soglin asked how far from the edge of that landscaping wall will be from the sidewalk near the
curb cut on Benton Street? Walz replied that it would be 10 feet.
Another criterion states that drive-through lanes must be set back at least 10 -feet from
adjacent lot lines and public rights-of-way and screened from view according to the design
standards below. The drive-through is set back 10 feet from the south property line.
The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-
through facility will not be detrimental to adjacent residential properties or detract from or unduly
interrupt pedestrian circulation or the commercial character of the area in which the use is
located. Walz states that while there are no residential uses at this time, there is concern for
pedestrians along the street. She reiterated the distance between the drive-through and the
street and the setback and screening from Benton Street. Also that the additional curb cut would
allow drivers an option so they do not all queue at the Riverside Drive curb cut and impede the
Board of Adjustment
January 14, 2015
Page 5 of 10
pedestrians on that street. Walz explained how the layout screening in the site plan helped to
promote compatability with surrounding development. This also applied to the criteria with
regard stacking spaces being screened from view. Walz explained the height of the proposed
wall would screen views of the cars but provide some visibility for safetly. She said the site is not
large enough to be appropriate for additional windows or bays.
Walz stated that All lighting for the development is reviewed by the Building Official prior to
issuance of a building permit. As a condition of approval, Staff recommended that any lighting
specific to the drive-through area (including illuminated signs) be turned down when the drive-
through is not in operation (or between the hours of 10 PM and 5 AM). Walz explained that over
time there will be more residential in the area and staff did not want to have the site be an all-
night use
Walz then discussed the general standards. The specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare. This is
addressed through the separation between the drive-through and pedestrian areas and the
directional signage and pavement markings. Staff was recommending some additional markings
and signage.
Walz went over general criterion #6: Except for the specific regulations and standards
applicable to the exception being considered, the specific proposed exception, in all other
respects, conforms to the applicable regulations or standards of the zone in which it is to be
located. Walz described how the setback for the drive-through and the buidling coverage did not
meet the standard. She described the flexibility provided in the code and how the applicant's
site plan addresses the code goal of making this an attractive pedestrian area.
With regard to the Comprehensive Plan, the chief concernis the pedestrian character. Walz
described how Riverfront Drive will be improved as redevelopment occurs. This site plan is
meeting those standards. Though this is not the same kind of area as you would find Downtown,
the goal is to temper the auto -oriented character of the neighborhood.
Walz stated that staff recommends approval of EXC14-00012 a special exception to allow a
drive-through facility for property located in the Riverfront Crossings -West Riverfront Subdistrict
at 708 S. Riverside Drive, subject to the following conditions:
• Substantial compliance with the site plan submitted;
• A sign marking the exit from the drive-through lane will be located at the east end of the
customer parking aisle and directional arrows will mark the pavement at the exit from
and entrance to the drive-through lane and along the right -out only drive onto Benton
Street;
• Hours of operation for the drive-through is limited to 5:00 AM - 10:00 PM; and
• All lighting and signage for the drive-through should be turned down when the drive-
through is not in operation.
Board of Adjustment
January 14, 2015
Page 6 of 10
Baker had a few questions regarding the right- out only curb cut and the path for cars through
the drive-through. Walz answered the questions regarding traffic flows and options for cars to
leave through the right -out only onto Benton Street or back out onto Riverside Drive. Baker
asked what the speed limit was along West Benton Street where the curb cut would be, and
Walz stated she believed it is 25 mph. Walz explained the visibility issue with the bridge. She
stated there is only a small area in which the right -out only may be located to meet the visibility
needed.
Soglin questioned about the staff condition about limiting the hours of operation for the drive-
through to 5:00 AM — 10:00 PM but in the applicant's materials they state the business is only
open until 8:00 PM. Walz responded that condition was included at those times just in case
there was a change in business at that location. Soglin also asked about there only being one
pick-up window allowed, and if a new business wanted to come in and add a second window,
should that be specified in this document. Walz confirmed that if a new business wanted to
make any changes to the building structure or use, it would have to come back before the Board
for approval. Finally Soglin asked why the condition of signage and light turndown, rather than
requiring a turn-off. Walz explained that the applicant would want to leave some light on for
employee and building safety, but it would meet code regulations.
Goeb wanted to clarify that the screening requirements for this property, under the new
Riverfront Crossings requirements would be different than the requirements for the McDonalds
across the street. Walz confirmed that yes, the new requirement are beyond what was required
when McDonalds was built. The new requirements call for more screening from parking lots to
pedestrian areas and screening of the drive-through area.
Baker questioned what the width of curb cut opening on Benton Street would be. Walz said the
applicant could speak to that, but the goal of the width is for the right -out way to be difficult to
enter, but easy to leave from. Walz clarified that it would be a one -lane exit probably 10-12 feet.
Soglin asked about the multiple windows on the drive-through again, stating the purpose
according to the standards to have multiple windows is to reduce idling and was curious what
the threshold of the standard was in regards to sustainability. Walz explained that there wasn't
a threshold, but there would be limits to what type of business could be located on this property
due to the size of the property. Brueggers is attracted to this site because the don't have the
same demand compared to a more traditional fast-food type restaurant.
Soglin asked whether the sustainability goals of the Comprehensive Plan placed any limit on the
number of drive-throughs. Walz said no limits had been said. The Plan does not address the
issue of numbers or thresholds.
Baker asked about the City's interest in dimming the lights. Walz explained that it was an
acknowledgement that in the future on the adjacent property there may be residential uses and
that tempering the drive-through use would help to make that a more attractive location for
mixed use.
Grenis invited applicant to come forward to answer questions.
Board of Adjustment
January 14, 2015
Page 7 of 10
Wendy Hargbaugh (Ports Architects) and Gene Davis (Brueggers) represented the applicants.
Hargbaugh explained that Brueggers currently has the location across the street and are
interested in this location to add the drive-through but to stay in the same basic area.
Baker asked about parking, noting he saw 7 spots on the pictures. Hargbaugh corrected him
and stated there are 10 spots along the north side and 5 spots on the east.
Baker also asked if the applicants knew what the exit width of the right -out only would be.
Harbaugh answered that is would be about 12 ft. and they will work with city engineer. At this
time they are still in planning stage until they get the special exception approval. Baker feels 12
ft. is too wide, and might not be enough of a deterrent from people entering the wrong way;
Harbaugh replied they could reduce it to 10 ft. Baker suggested a special exception for these
types of curb cuts; similar to how there are standards for lighting. Dulek stated the curb cut will
have to be approved by city engineer, but BOA can recommend a certain width if they so
choose. Baker asked who requested the curb cut and Walz replied that it was the property
owner.
Baker questioned the drive-through route, not sure how the curb -cut onto Benton Street will
help, because once a car is through the drive-through, they then have to go back out where they
came from, cross traffic and can go back to Riverside Drive. Harbaugh answered that the right -
out only lane would be used potentially for delivery vehicles, waste management trucks, and
such. Baker stated his overall concern with the plan is the curb cut, the safety of vehicles
entering onto Benton Street at that location. Walz explained that the City has done a traffic
study of the area and feels it is an adequate area for sight and safety, and the traffic study is
conducted at peak traffic times.
Soglin did note that when cars are exiting the drive-through and want to turn left and exit onto
Riverside Drive, they are reliant on the good nature of cars lined up waiting to get into the drive-
through to make that left-hand turn. Harbaugh stated that, during busy times drivers will have to
be courteous of each other so there will not be a bottleneck.
Soglin then asked In terms of lighting, at other locations, what is the typical night lighting policy.
Davis replied that yes they turn down all lights leaving only enough light for safety reasons.
Grenis opened public hearing.
Kevin O'Brien (105 5th Street, Coralville) owner of McDonalds spoke regarding his issue with
egress with the right -out only which he feels will be very close to right across Benton Street from
the exit of his property. During peak hours it would be difficult for traffic leaving either business
to navigate across lanes of traffic on Benton Street. If someone were to leave the Brueggers
onto Benton Street, and then want to turn from Benton Street to go south on Riverside, they
would need to cross three lanes of traffic in a very short time. Additionally he is in the process
of finalizing development of the property east of McDonalds and part of that development an
access road would be opened up from the Staples parking lot to Benton Street, increasing even
more of the traffic on Benton Street. O'Brien reiterated that he is not against the business on
that corner; he is concerned about the traffic exiting onto Benton Street and congesting traffic,
especially in peak hours.
Board of Adjustment
January 14, 2015
Page 8 of 10
Baker questioned staff if there are a high number of accidents on that area of Benton Street
exiting the McDonalds. Walz replied that there was not a crash concern in that area.
Noah Kemp (2140 Hwy 22, Kalona) has owned the property since 1972 and then after the
tornado was fortunate to move our business down the street a block, and since the property has
been vacant. It is tough to do anything with that property because of its size. Kemp is excited
that Brueggers wants the property, and feels it fits into the City's Comprehensive Plan.
Grenis closed public hearing.
Baker stated most of the application is easy stuff; he even has no problem with lighting and
signage and doesn't see why the City should mandate certain operating hours. Baker is just not
comfortable with the curb cut, and wants it to be as narrow and curved as possible.
Soglin asked if the recommendation can read as narrow and safe as the city engineer can allow,
rather than state as "curved as possible".
Walz agreed, and also said a width should not be specified, as there will be trucks using the
right -out only lane as well.
Baker asked Davis if the right -out only lane did not exist, how that negatively impacts business
requirements. Davis replied that for trash it's a concern for where the trash enclosure will be
located. He would be concerned about the safety pedestrians if trash and delivery vehicles had
to turn around in the parking lot.
Walz suggested that perhaps the BOA would want to place a condition on approval that for the
curb cut onto Benton Street the City Engineer approve a plan design with maximum control over
entry into that right -out only and also control over exiting and turning left.
Grenis stated that there has to be a level of trust for the City Engineering Department to do the
correct thing with regards to this curb cut.
Baker asked if any other Board members had interest in removing restriction on hours of
operation for the lighting. Soglin and Grenis both wanted to keep that condition, it is good to
have in there in case of business change or future uses.
Soglin read the language she drafted which would state to add to staff recommendations to limit
as much as possible the ability of vehicles to turn left onto Benton Street or to enter the property
site from Benton Street.
Dulek state that seems fine, of course the city will have concerns from both traffic and police
enforcement as well so the condition seems reasonable.
Soglin moved to approve EXC14-00012 a special exception to allow a drive-through
facility for property located in the Riverfront Crossings -West Riverfront Subdistrict at 708
S. Riverside Drive, subject to the following conditions:
0 Substantial compliance with the site plan submitted;
Board of Adjustment
January 14, 2015
Page 9 of 10
• A sign marking the exit from the drive-through lane will be located at the east end
of the customer parking aisle and directional arrows will mark the pavement at the
exit from and entrance to the drive-through lane and along the right -out only drive
onto Benton Street;
• Hours of operation for the drive-through is limited to 5:00 AM - 10:00 PM;
• All lighting and signage for the drive-through should be turned down when the
drive-through is not in operation; and
• Ensure safety at the Benton street egress to limit as much as possible the ability
of vehicles to turn left onto Benton Street or to enter the property site from Benton
Street.
Goeb seconded
Baker requested that staff share with the board the final design of the project when available
and Walz stated she would do so.
Grenis asked if anyone wished to share their findings and facts.
Baker stated regarding item EXC14-00012 I concur with the findings set forth in the staff report
of January 14, 2015 and conclude that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member he recommends that the Board adopt the
findings in the staff report as their findings for the acceptance of this proposal. Baker would also
like to note there is a strong interest on the Board to ensure that the Benton street exit is as
restrictive as possible based on the discussion this evening.
Grenis stated that this use seems very compatible for the area and with the comprehensive plan
for this district.
A vote was taken and the motion carried 4-0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office
ADJOURNMENT:
Baker moved to adjourn, Goeb seconded.
The meeting was adjourned on a 4-0 vote.
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3b(2)
Charter Review Commission
January 27, 2015
Page 1
MINUTES FINAL
CHARTER REVIEW COMMISSION
JANUARY 27, 2015 — 7:45 A.M.
HELLING CONFERENCE ROOM, CITY HALL
Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Melvin Shaw,
Mark Schantz (8:15 via telephone; left 8:20 due to phone problems),
Anna Moyers -Stone, Adam Sullivan, Dee Vanderhoef (left at 9:30)
Staff Present: Eleanor Dilkes, Marian Karr
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None
CALL TO ORDER:
Chairperson Chappell called the meeting to order at 7:45 A.M.
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED:
a. Minutes of the Meetings on 01/13/15 —
b. Correspondence from: 1) Dave Martin; 2) Rita Bettis; 3) Vanessa Ryan; 4)
Mary Murphy; 5) copy of Corridor Business Journal editorial (Chappell);
and 6) Tom Carsner
Chappell asked if there was any discussion on the correspondence they have received. Kubby
stated that she would like to hear Dilkes' response to Rita Bettis' letter. Dilkes stated that she
has already given the Commission a memo on the Constitutional issues and has also shared
the statutory analysis on this issue. Kubby noted comments they have received regarding their
public input process and that it is too restrictive. Members asked if there were any specific
examples given. Chappell stated that he did not take the comment in quite the same way, that
he heard that there should be more public outreach. Chappell stated that they have sought
comment on specific issues, and comments in general, since April 1 when the Commission
began. Kubby spoke to what they could possibly be doing to make this process more helpful for
the public. Chappell said that perhaps they will have time at the end of their review to address
this question and get some feedback on what they could have done better in the overall
process. Atkins moved to adopt the Consent Calendar as presented. Sullivan seconded
the motion. The motion carried 8-0, Schantz absent.
REPORTS FROM MEMBERS AND STAFF:
a. Council Compensation — use of CPI language (Karr) —
b. Initiative and Referendum petition language from Clinton, IA (Karr) —
c. Reports from Members
Shaw stated that he recently received a phone call, in addition to several conversations he has
had, regarding the direct election of the mayor, and the initiative and referendum issue. What
he heard was to maintain the election of the mayor by the City Council. As to the initiative and
referendum issue, Shaw has heard that if this were to be modified, then the number of required
Charter Review Commission
January 27, 2015
Page 2
signatures should be increased. Vanderhoef stated that she has had several phone messages,
particularly on the election of the mayor issue. The comments have been the same as what
Shaw has heard, to leave the selection of the mayor as it currently is.
REVIEW CHARTER AND DISCUSSION OF SECOND PUBLIC FORUM:
a. Election of Mayor
Chappell asked how Members would like to proceed with `election of the mayor' and 'district
representation.' Chappell reported that his notes show that there was not a majority of
Members wanting to make a change to the mayoral selection process; noting that he likes the
current process and believes it works well. Shaw stated that he read Kubby's proposal and that
while it is persuasive, he is still not in favor of a change. Kubby spoke to why she believes they
are ready for a change and further explained her stance on this issue. She stated that she
believes this type of change helps them to create a different structure. Kubby noted that one
thing she left out of her suggestion was a term limit for the mayor. She believes the voters
should determine this, but would be open to further discussion on it.
Sullivan asked Kubby to speak to Schantz's proposal for the section regarding powers of the
mayor, etc. She noted that he spoke to the mayor powers and duties in B of his proposal rather
the election process. Further discussion occurred later in the meeting.
b. District Representation
See discussion later in the meeting.
C. Council Compensation
Chappell stated that they would begin with the council compensation issue, as they had two
Members absent during last meeting's discussion. He summarized the conversation from the
last meeting, noting that those who were supportive of making a change to the Charter were
Atkins, Schantz, and Kubby; with Sullivan, Shaw, Craig, and Chappell wanting no change
relative to council compensation. He asked Moyers -Stone and Vanderhoef for their opinions on
this matter. Vanderhoef stated that she does not believe that this belongs in the Charter, first of
all; and believes the Charter should stay as is. Moyers -Stone stated that she also does not see
a reason to change this section. She added that she has not heard enough talk about this, that
it really does not appear to be an issue for most people. Chappell noted that he would like to
move on then to the other items since this appears to not have a majority of the Members
interested in recommending a change.
Kubby stated that they did hear from the public on compensation, and that there was talk from
many that the current compensation is too low, that it could be a possible obstacle to running for
office. She added that she believes they need to make an "informal" recommendation to
Council to look at the issue seriously and do something about it. She reiterated what had been
said previously, that the compensation is `too low for the work that is expected' of council
members. Chappell added that he is perfectly comfortable with making such a recommendation
to Council in their final report. He asked if someone wanted to volunteer to come up with some
language on this issue, and Kubby responded she would prepare something for the next
meeting. She stated that she does want this in the Charter and that she is passionate about the
issue, as she believes it makes a big difference.
Chappell then asked if there was a motion to keep the Charter as it is, relative to council
compensation. Vanderhoef moved to keep the language in the Charter as is, relative to
Charter Review Commission
January 27, 2015
Page 3
council compensation. Shaw seconded the motion. Motion carried 7-1, Kubby in the
negative, Schantz absent.
d. Initiative and Referendum
Chappell summarized earlier discussion regarding `qualified' versus `eligible, noting that those
supportive of a change were Schantz, Sullivan, Shaw, Atkins, Craig, and Kubby; while not
supportive of a change was Chappell. He noted that the majority of Members were also
agreeable to an increase in the number of signatures required on a petition. Chappell stated
that he would agree that if they were to make a change they should increase this number.
Moyers -Stone stated that she is also against making a change and briefly touched on why this
process should be somewhat difficult to undertake. Vanderhoef spoke to input she received,
stating that if you are not a registered voter, you are not in the draw for jury duty, and that this is
part of the participatory part of the overall process.
Chappell stated that he has written a preliminary draft of the changes that would be necessary
to change `qualified' to `eligible,' and that he and Dilkes have had some conversations regarding
this. Looking at the process that the Clerk's office goes through currently, he added that they
are trying to decide what steps still need to be a part of this. He hopes to have a draft ready for
the Commission's review prior to their next meeting. Chappell then asked to have a vote on this
matter. Several Members stated that their vote would be predicated on the number of
signatures required. Craig spoke to what she has heard about this issue, noting that if there is
to be change, people need to then participate in the change.
At this point, Schantz joined the conversation via telephone connection. Craig continued,
sharing some information she found on a web site called Ballotpedia, similar to Wikipedia. She
added that she does not understand the reasons behind people not wanting to register to vote.
Members spoke to online registration in the future and how this might change things. Kubby
stated that by signing a petition; however, many people are making the first step towards
participating. Craig then responded to Kubby's question on the number of required signatures
on a petition and whether this should increase. Noting that the number using the latest Census
would be around 3,600 and stated that they should at least use this number. She added that if
they were to go to 'eligible,' then perhaps the number should be closer to 5,000.
The discussion turned to participation in the governmental process and what it means to some
people. Chappell then stated that unless someone has changed their vote, the Commission will
be recommending changing the Charter from 'qualified' to 'eligible.' He added that at this point
they should probably discuss what the number of signatures should be, since this also has a
majority of the Commission's approval for change. Chappell noted that Sullivan has come up
with a proposal regarding this. Sullivan asked if they could first discuss why `qualified' should
remain in the Charter, in order to make their case for recommending a change to `eligible.'
Craig asked Sullivan if he could give the top three reasons why someone would not register to
vote. Sullivan responded that one, the person does not want to serve on jury duty; second, they
do not want their name and information to be public record; and third, they do not want to turn
up to vote. (Schantz had to leave the meeting at this point.) Shaw stated that to him moving
from `qualified' to `eligible,' and changing the number of signatures does not appear to lessen
the awareness that may be created by distributing a petition. In the end, then, only those that
are registered to vote will vote on the issue. Kubby asked Shaw if he had a number in mind,
and he spoke to Sullivan's memo, stating that if they were to go by Sullivan's proposal, it would
only increase by 150 signatures. He noted that this would not be unduly burdensome at all, but
Charter Review Commission
January 27, 2015
Page 4
that he is not sure of an exact number. He also questioned if they shouldn't do a percentage of
2013's voter turnout statistics.
Chappell noted that if they look at the Census data that Karr provided, it puts them around
3,600, based on a comparison of the city's population when this provision was adopted,
compared to the 2,500 and the current population. He touched on why he believes the 3,600
more closely represents where they should be on this issue. He asked what others think about
this number. Sullivan stated that he believes his memo stands, and he also referenced the
ACLU memo, noting that the State only requires 10% of eligible electors and that they should
not require more than this. Speaking to this briefly, Dilkes stated that when this was written into
the State code, nobody was thinking about initiative and referendum. Kubby stated that she
would like to have two different votes here — one on the number of signatures, and then a
second for the 'eligible' issue.
Chappell then asked for everyone's stance at the present time on the number issue. Moyers -
Stone stated that at first she was at 5,000, but that the more she hears it does make sense to
base the number on some methodology. She did not think the 2,660 was enough of an
increase, and that using the Census number is more in line with what she is thinking. Kubby
stated that she would like to keep the number at 2,500. Craig responded that she would like to
see 4,000. Chappell noted that he is comfortable with 3,600. Atkins stated that he too would be
okay with 3,600. Vanderhoef stated that she would like to see it done via a methodology tied to
the Census with an escalator as the Census changes. Shaw stated that he is at a number
somewhere between 3,600 and 4,000. Members continued to discuss this issue, as they
attempted to agree on some type of methodology to use in determining this number.
Chappell noted that he is hearing a majority for 3,600. He asked if there was a motion for this.
Shaw moved that the Commission vote whether to increase the number of eligible electors to
some number higher than 2,500. Chappell stated that this is not what he meant, and Shaw
asked if he wanted the number stated as exactly 3,600. Craig stated that she would like to
revisit the actual math that they are using to reach the 3,600 number. Vanderhoef stated that
she would like to get the number tied to the Census. Karr then further explained that on
December 23rd, she verbally reported that if they were to look at the information previously used,
from the 1970 Census, and the 2,500 required at that time, and then compared it only to the
Census figures — not the voters — the Census population was 46,850 and it was 'no fewer than
2,500 voters.' This came out to the percentage of .0533617. If you take this same number
consistently through, Karr noted that in 1980 it would have been 'no fewer than 2,695,' the 1990
would be 'no fewer than 3,187,' the 2000 Census would show 'no fewer than 3,320,' and the
2010 population would have reflected `no fewer than 3,621.' Chappell asked Dilkes for some
guidance at this point, noting that he would like to have a motion to vote on a particular number
that they would then vote on, followed by a motion to change the Charter to allow for `eligible' at
this particular number. Kubby noted that the vote needs to reflect 'if' they change it from
'qualified' to 'eligible,' and everyone agreed.
Members continued to discuss the issues at hand, with Sullivan asking Chappell and others if
they see this as something the Charter Review Commission will need to revisit every 10 years.
Chappell stated that he believes the Commission will need to revisit this in 10 years, if they do
make a change, just to see if it is working well. Shaw made the motion that if they make the
change to `eligible,' that the number of signatures required be raised to 3,600. Atkins
seconded the motion. Atkins asked for some clarification again on how they are arriving at the
3,600 number. Chappell explained how the proposed number was set, and how using that they
Charter Review Commission
January 27, 2015
Page 5
have now arrived at the 3,600 number. Chappell then reiterated the current motion.
Vanderhoef asked if she should make a second motion then to tie this number to the Census.
Chappell stated that she could do that, and Dilkes added that she could also make a motion to
amend the current motion. Vanderhoef reiterated that she would like to see this number
automatically bumped with Census, starting at the 3,600 number. Chappell moved to amend
the motion to add language tying the number to the Census so that it changes every 10
years. Vanderhoef seconded the motion. Shaw then moved to amend original motion,
stating that he would add that it be rounded to the nearest hundredth. Chappell and
Vanderhoef accept this friendly amendment. The motion to accept the amendment
carried 6-2; Sullivan and Kubby in the negative, and Schantz absent. Next the vote moved
to Shaw's motion with the amendment and friendly amendment on it. Sullivan spoke briefly to
this issue before the vote was taken. A vote was then taken to increase the number of
signatures to 3,600, should the 'eligible' change take place, tie this to the Census information,
and round to the nearest hundredth. Motion carried 5-3; Chappell, Kubby, Sullivan in the
negative. Kubby then moved to change `qualified' to `eligible' elector for initiative and
referendum. Sullivan seconded the motion. The motion carried 5-3; Vanderhoef, Craig,
and Chappell in the negative. Chappell noted that in the Commission's report, they will
therefore be recommending to the City Council that the Charter be amended to allow eligible
voters, instead of qualified, to sign petitions for initiative and referendum, and the floor will be at
no fewer than 3,600 signatures required. There will also be language added so that on a
decennial basis when the Census comes in, this number will be adjusted accordingly.
The Commission returned to discussion regarding election of Mayor.
a. Election of Mayor (continued)
Members continued to discuss the mayoral appointment and powers. Kubby spoke to the
various arguments regarding a directly elected mayor, versus having the council make this
appointment. She added that she believes the mayor will have more `power' if elected by the
voters. The conversation also covered the city manager position and what types of power this
position holds. Chappell then asked each Member where they stand on this issue. Vanderhoef
stated that she believes the mayor should be selected by the council and therefore does not
desire a change in the Charter at this time. Atkins stated that he also believes it should stay the
same. He does believe that there needs to be some type of transparency, however, built into
the process. Craig also agreed that there should be no change, and she also agreed that
transparency is an issue. She added that the agenda -setting power should go to the mayor, as
well.
Sullivan stated that he has struggled with this issue, and that after hearing input from the public,
he believes a change is desired here. He agrees with Kubby in that the mayor should be
elected by the public. He believes a good compromise would be to elect a `weak' mayor.
Moyers -Stone stated that she also believes this process should not change. She believes there
is already a compromise with the at -large and district positions. Chappell noted that if his notes
are correct, Schantz is also for changing how the mayor is elected. This would then put them at
a 6-3 vote on the matter, with `no change' being the decision. [Further discussion later in the
meeting]
The Commission returned to discussion regarding district representation.
b. District Representation (continued)
Chappell asked Members to comment. Sullivan stated that he would go either one way or the
other — either close down the general election to just district voters or open up the primaries to
everyone. Vanderhoef stated that she believes the process works well the way it is currently.
Charter Review Commission
January 27, 2015
Page 6
She added that she might entertain some modification if there was interest by Commission.
Craig stated that she would be in favor of no change, as did Shaw. Kubby stated that she would
like to see some type of transparency for the Charter that is not too specific and that could
function well from the perspective of a council member. She added that she is working on a
proposal for this section and would have something for the next meeting. Atkins stated that he
does not believe they need to change this section, as did Moyers -Stone. Chappell weighed in
then, stating that he is also for no change at this time. He stated that he believes the system
they have is a good one. With this information, Chappell noted that there appear to be seven
for no change, one for change, and one for 'light' change (Sullivan).
Chappell then asked if there was a motion to keep the Charter as it currently is, with regards to
district representation. Vanderhoef moved to keep the Charter as it is currently with
district representation. Shaw seconded the motion. The motion carried 6-2; Kubby and
Sullivan in the negative, Schantz absent.
The Commission returned to discussion regarding election of Mayor.
a. Election of Mayor (continued)
Members discussed the powers of the mayor and how this interacts with the city manager
position. The setting of the agenda was discussed at some length by Members. Vanderhoef
noted that a practice of the council has been that if three council members want an issue put on
the agenda, that this is enough to move the issue forward. Sullivan noted that Schantz's
proposal talks about the mayor `representing the City in inter -governmental relationships.'
Kubby stated that there are many inter -governmental relationships already that the mayor
attends to. Members continued to discuss the topic of selecting council members for
commissions, and the selection of members to City boards and commissions by the council.
Chappell asked that they move ahead at this point with a vote on the mayoral issue. Shaw
moved to keep the selection of the mayor as it currently is in the Charter. Moyers -Stone
seconded the motion. The motion carried 6-2; Kubby and Sullivan in the negative,
Schantz absent.
Chappell asked that they add an agenda item to further discuss Schantz's proposal on the
mayoral issue, more specifically the powers of the office. [Proposal (Sullivan)]
e. Other parts of the Charter as time allows — None
REPORT OF THE COMMISSION:
Chappell noted that everyone has a copy of the report from 10 years ago. He suggested they
follow this same format as they draft their report. He briefly touched on the important sections
of the report and how he would like to continue with it. Chappell then asked the group for their
consensus on how to move forward with this. Atkins stated that he works best from a draft, so
he would appreciate having a draft report. Sullivan agreed that the previous report format works
well, and he stated that Chappell has done a good job of taking on this type of task. Others
agreed that Chappell should move forward with preparing a draft report for review by the
Commission.
PUBLIC COMMENT:
Martha Hampel addressed the Commission, thanking them for their work. She stated that the
entire process has been quite fascinating for her. She noted how opinions have changed over
Charter Review Commission
January 27, 2015
Page 7
the course of the meetings, as Members further discussed issues and also took in public
comment for consideration. Speaking to the issue of increasing signatures for initiative and
referendum, Hampel stated that she is not in favor of this. Hampel spoke to some research she
has done on the issue, sharing with Members the numbers she uncovered in her work. She
stated that it appears the number came about from the number of voters, not population, and
she questioned changing this to follow the Census numbers. Hampel continued, speaking to
some of the past elections and the voter turnout numbers. She spoke to how the proposed
change to 3,600 could impact this process, and asked what the Commission plans to do with
the current language referencing "...equal in number to at least twenty-five percent of the
number of persons who voted in the last regular election,...". Hampel stated that it appears to
her that the original number was based off the number of people who were voting, not
population, and she again quested making the proposed change.
Chappell stated that they have not had any proposal to increase the 25% number. He added
that he believes it would be good to have that number be relevant again as it would mean there
are more people voting. Hampel spoke to how typically it depends on the issues on the ballot
as to how many voters are going to turn out. Kubby then spoke to the original number and how
it was arrived at, stating that there are no notes to refer to on the matter. Sullivan thanked
Hampel for her input, stating that these are interesting points to consider.
DISCUSSION OF THIRD PUBLIC FORUM:
Chappell stated that the hope is to have a red -lined version done and ready for discussion at
this meeting. The plan is to let the public come and react / respond to the draft, similar to the
first forum they held. Karr asked Members when they need this redlined version, and Chappell
spoke to timelines for this draft. He stated that he would like to set an extra meeting now, prior
to the forum on the 24th, in case they need the time to complete their draft. Members briefly
discussed schedules, finally agreeing to add an extra meeting on February 13.
Harvat Hall — February 24 — 6:30 P.M.
Format, advertising, and televising — televise live
TENTATIVE THREE-MONTH MEETING SCHEDULE (7:45 AM unless specified):
February 10
February 13
February 24 (Public Forum) (will meet in morning if needed)
March 3
March 10
March 24
(Commission work completed no later than April 1, 2015)
ADJOURNMENT:
Sullivan moved to adjourn the meeting at 9:55 A.M., seconded by Shaw. Motion carried
7-0, Schantz and Vanderhoef absent.
Charter Review Commission
January 27, 2015
Page 8
Charter Review Commission
ATTENDANCE RECORD
2014
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
TERM
O
O
O
O
o
0
0
0
o
O
O
-L
-A
A
46
01
01
O
O
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NAME
EXP.
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4/1/15
X
X
O/
X
X
X
X
X
X
X
X
X
X
X
X
Steve
E
Atkins
Andy
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Chappell
Karrie
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Craig
Karen
4/1/15
O
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Kubby
Mark
4/1/15
X
X
X
X
X
X
O/
X
X
X
O/
X
O/
X
X
Schantz
E
E
E
Melvin
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Shaw
Anna
4/1/15
X
X
X
X
X
X
O/
X
X
X
X
X
O/
X
X
Moyers
E
E
Stone
Adam
4/1/15
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Sullivan
Dee
411/15
X
X
X
X
X
X
X
X
X
X
X
O/
X
X
X
Vanderhoef
E
Key:
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
Charter Review Commission
January 27, 2015
Page 9
Charter Review Commission
ATTENDANCE RECORD (cont.)
2014/2015
Key.
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
TERM
0
0
0
0
0
0
0
0
0
0
0
NAME
EXP.
O
m
N
w
O
as
O
y
s
w
Nic
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46
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O
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46
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cn
M
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C"
cn
cn
C"
cn
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4/1/15
X
X
X
X
X
X
Steve
Atkins
Andy
4/1/15
X
X
X
X
X
X
Chappell
Karrie
4/1/15
X
X
X
X
X
X
Craig
Karen
4/1/15
X
X
X
X
X
X
Kubby
Mark
4/1/15
X
X
X
O/
X
X
Schantz
E
Melvin
4/1/15
X
X
X
X
X
X
Shaw
Anna
4/1/15
X
X
X
X
O/
X
Moyers
E
Stone
Adam
4/1/15
X
X
X
X
X
X
Sullivan
Dee
4/1/15
X
X
X
X
O
X
Vanderhoef
Key.
X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member at this time
FINAL/APPR 3b(3)
CITIZENS POLICE REVIEW BOARD
MINUTES — December 3, 2014
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:01 P.M.
MEMBERS PRESENT: Fidencio Martinez, Mazahir Salih, Royceann Porter
MEMBERS ABSENT: Joseph Treloar
STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Captain Doug Hart of the ICPD; Andy Chappell, Adam Sullivan, and
Karrie Craig from the Charter Review Commission; Charlie
Eastham, Joseph Hall and Edward Hall, public.
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #14-06
CONSENT CALENDAR
Motion by Porter, seconded by Salih, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 11/10/14
• Minutes of the meeting on 11/25/14
• ICPD Department Memo #14-28 (October 2014 Use of Force Review)
• ICPD Use of Force Report — October 2014
• ICPD General Order 08-01 (Conducted Energy Devices)
• ICPD General Order 00-08 (Weapons)
• ICPD General Order 00-10 (Evidence and Property Handling Procedures)
Motion carried, 4/0, Treloar absent.
OLD BUSINESS
None
NEW BUSINESS
Discussion of proposed CPRB-related amendments to the Charter — Chappell went through some of
the proposed changes to the City Charter that relate to the CPRB in regards to public forums. The
current language is as follows: Section 5.01 a(1) To hold at least one community forum each year for
the purpose of hearing citizens' views on the policies, practices, and procedures of the Iowa City police
department, and to make recommendations regarding such policies, practices, and procedures to the
city council. The proposal from the CPRB was to drop the last part of sentence, "and to make
recommendations regarding such policies, practices, and procedures to the city council." The Charter
Commission is going to recommend leaving in the current wording and re -number the section so they
are each an item to avoid any confusion. Craig and Sullivan addressed the Board regarding the
proposal to remove "citizen" from the Charter and wanted the Board's input on removing Citizen from
the name and if they had any suggestions on what could replace it. Their concern with the use of
citizen in the Charter is that they feel there are many people in Iowa City that do not identify as citizen
or qualify for the things citizen connotes. They are proposing to remove citizen from all other areas of
December 3, 2014
Page 2
the Charter. A couple ideas that had been discussed by the Charter Review Commission as a
replacement to citizen were resident or taking out citizen and leaving it as Police Review Board. Hall
had additional suggestions to what the name could be changed to. Jensen thanked them for coming
and said that the Board would put it on a future agenda for discussion and would include a copy of the
City Charter in the Board packet at that time so they could look at the suggestions as it relates to the
whole Charter. The Charter Review Commission will be holding a public forum on January 7th at
6:OOpm at the Iowa City Public Library.
PUBLIC DISCUSSION
Eastham spoke regarding the suggestion from the Charter Review Commission to change the
name of the Board. He wanted to remind members that the name had just been recently
changed and the Ad Hoc Diversity Committee had agreed with the recommendation. One of
the reasons the Ad Hoc Diversity Committee wanted to change the name from Police Citizens
Review Board to Citizens Police Review Board was so it didn't appear as through it was a
police review by the police department.
BOARD INFORMATION
None.
STAFF INFORMATION
Tuttle directed Board members to the copy of the news release in the packet regarding the
Citizens Police Academy and if they were interested to let her know. Salih stated that she had
attended last year and it was really awesome.
EXECUTIVE SESSION
Motion by Salih, seconded by Martinez 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, 4/0, Treloar absent. Open session adjourned at 5:27 P.M.
REGULAR SESSION
Returned to open session at 6:28 P.M.
Motion by Porter, seconded by Martinez to to forward the Public Report as amended for CPRB
Complaint #14-06 to City Council.
Motion carried, 4/0, Treloar absent.
CPRB
December 3, 2014
Page 3
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• January 13, 2015, 5:30 PM, Helling Conference Rm
• February 10, 2015, 5:30 PM, Helling Conference Rm
• March 10, 2015, 5:30 PM, Helling Conference Rm
*April 14, 2015, 5:30 PM, Helling Conference Rm
Motion by Salih, seconded by Martinez to set a special executive session only meeting on
Monday, December 8th at 8:00 A.M.
Motion carried, 4/0, Treloar absent.
ADJOURNMENT
Motion for adjournment by Porter, seconded by Martinez.
Motion carried, 4/0, Treloar absent.
Meeting adjourned at 6:32 P.M.
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CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 4, 2014
To: City Council'
Complainant
City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
' r
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #14-06
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #14-06 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chief's report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the recordmith no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review..
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2)).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 08/12/2014. As required by S ctjonr�,
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for it restlgatik
The Chief's Report was filed with the City Clerk on 10/15/2014.
The Board voted on 11/25/2014 to apply the following Level of Review to the Chief P,
"On the record with no additional investigation", pursuant to Iowa City Code Section 8=8-7(E (1)(a).
The Board met to consider the Report on 11/25/2014 and 12/03/2014.
Board members reviewed audio and/or video recordings of the incident.
FINDINGS OF FACT
On August 13, 2014, officers were involved in patrol at the Pheasant Ridge complex at the request of
management in response to previous incidents, including shots being fired and reports of drug dealing.
Individuals loitering and determined to be non-residents were to be given trespass warnings. Officers
observed the Complainant multiple times and engaged him in conversation. A routine check of the
Complainant showed he had an active warrant for his arrest. During the search that occurred because
of the arrest, a cell phone and a large sum of cash, $2722, were found on the Complainant. The
Complainant was advised of his Miranda rights and questioned. The Complainant made statements
denying ownership of the money and the phone. The phone was examined by officers and evidence of
drug distribution and drug use was noted. The phone and money were then seized as part of a drug
investigation. Prior to the CPRB complaint being filed, the Complainant was advised how to appeal
before a Judge who would rule if the property should be returned.
ALLEGATION 1 — Unlawful Search.
When the Complainant was arrested on an outstanding warrant, the Complainant was searched as part
of this arrest. The Complainant initially denied ownership of the property in his possession. The in -car
video recordings clearly document both the Complainant being advised of his rights and the statements
he made denying ownership of the phone and the money. Denying ownership of the property prevents
the Complainant from claiming his Fourth Amendment rights were violated. At the time of the incident,
officers were following procedures and had the authority to remove property in the Complainant's
possession. As the Complainant denied ownership of the phone, the officers were looking at the phone
in an attempt to identify the owner, and to determine if it had been stolen. Officers did locate
information in the phone to show it belonged to the Complainant. A search warrant was later obtained
due to further examination of the phone being needed. Officers involved were appropriate and within
the parameters of the law.
Allegation: Unlawful Search - Not sustained
ALLEGATION 2 — Unlawful seizure.
When Officers discovered an outstanding warrant for the Complainant, they also discovered he was
part of an on-going drug investigation. A search warrant for the Complainant's phone was obtained
from the Johnson County Attorney's Office and they also approved to move forward with the forfeiture
of the money found in the possession of the Complainant. To move forward with forfeiture case, the
State only needs to prove there is a preponderance of the evidence to prevail. The cell phone is also
being held as evidence in the criminal case. Officers involved were appropriate and within the
parameters of the law. The Complainant has also been advised of his right to present evidence at a
hearing before the Court as to why the property should be returned to him.
Allegation: Unlawful seizure - Not sustained
COMMENTS
None
1,..,
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,
CITIZENS POLICE REVIEW BOARD FINAL/APPRO` 3b(4)
MINUTES — December 8, 2014
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 8:02 A.M.
MEMBERS PRESENT: Fidencio Martinez, Mazahir Salih, Royceann Porter (8:04 A.M.),
Joseph Treloar
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
None
Staff Kellie Tuttle and Patrick Ford
None
None
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #14-02
(2) Accept CPRB Report on Complaint #14-04
(3) Accept CPRB Report on Complaint #14-08
EXECUTIVE SESSION
Motion by Treloar, seconded by Salih 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, 4/0, Porter absent. Open session adjourned at 8:03 A.M.
REGULAR SESSION
Returned to open session at 9:06 A.M.
Motion by Treloar, seconded by Martinez to forward the Public Report as amended for CPRB
Complaint #14-02 to City Council with the option to amend if a name clearing hearing is held.
Motion carried, 5/0.
Motion by Salih, seconded by Treloar to to forward the Public Report as amended for CPRB
Complaint #14-04 to City Council.
Motion carried, 5/0.
CPRB
December 8, 2014
Page 2
Motion by Salih, seconded by Treloar to to forward the Public Report as amended for CPRB
Complaint #14-08 to City Council.
Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change)
• January 13, 2015, 5:30 PM, Helling Conference Rm (CANCELLED)
• February 10, 2015, 5:30 PM, Helling Conference Rm
• March 10, 2015, 5:30 PM, Helling Conference Rm
*April 14, 2015, 5:30 PM, Helling Conference Rm
Motion by Treloar, seconded by Martinez to cancel the January CPRB meeting due to
scheduling conflicts.
Motion carried, 5/0.
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Salih.
Motion carried, 5/0.
Meeting adjourned at 9:06 A.M.
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CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 8, 2014
To: City Counsel
Complainant
City Manager
Sam Hargadine, Chief of Police
Officer(s) Involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #14-02
Jfial 0 3 2015
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation
of Complaint CPRB#14-02 (the "Complainant")
Board's Responsibility
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chief's report, the Board must select one or more of
the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard
of review. This means that the Board must give deference to the Police Chiefs report,
because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2)).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend thatij�g 2 2015
Police Chief reverse or modify the Chief's findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal,
state or local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a
public report to the city council. The public report must include: (1) detailed findings of fact;
and (2) a clearly articulated conclusion explaining why and the extent to which the complaint
is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(3)).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to
discipline the officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 5/22/14. As required by Section 8-8-5(B) of
the City Code, the Compliant was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on 7/30/14.
The Board voted on September 15, 2014 to apply the following Level of Review to the Chief's
Report:
On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-(B)(1)(a).
The Board met to consider the Report on August 26, 2014, September 15, 2014, October 13,
2014, November 10, 2014, December 3, 2014, December 8, 2014, and December 29, 2014.
Board members reviewed audio and/or video recordings of the incident.
FINDINGS OF FACT
On May 6, 2014 at 5:18 p.m., Officer A stopped the Complainant's husband at the 700 blk of
Mormon Trek Blvd. (immediately south of Bartlett Rd, adjacent to the Pheasant Ridge complex)
to speak with him about an incident that had taken place at the Pheasant Ridge Apartment
Complex, and to issue a criminal trespass warning. The Complainant's husband acknowledged
Officer A, but refused to stop, or provided identification as requested. While Officer A was
attempting to have a conversation with the Complainant's husband, the Complainant pulled up
in her vehicle on Mormon Trek Blvd, adjacent to Officer A and the Complainant's husband. The
Complainant had four children in the back seat of the vehicle. The Complainant's husband
opened the passenger door and entered the vehicle. Officer A advised the Complainant she
was free to leave but the Complainant's husband was not. When asked if the complainan's� 2015
husband was under arrest, or being detained, Officer A responded "he is not under arrest} or
being detain, but he is also not free to go." The complainant did not leave and turned`
off.
Additional officers arrived. Officer B went to the driver's side of the vehicle to speak with the
Complainant, and Officer C went to the passenger side to assist Officer A. An additional officer,
Officer D arrived and went to assist Officer B at the driver side of the vehicle. The Complainant
was becoming increasingly upset and gave out her first name and license number. At one point
the Complainant rolled her window half way up and refused Officer D directive to roll the window
back down, because the Complainant stated they could still hear each other. Officer D then
opened the driver's door. Only after the officer opened the door, did the officer ask the
complainant to get out of the vehicle.
The complainant's husband, at this point, was out of the vehicle on the passenger side. Officer
D reached into the vehicle taking the Complainant by the arm and attempted to remove her from
the vehicle within seconds of opening the vehicle door. The complainant's four children were
inside the car when Officer D began to physically remove the complainant out of the vehicle.
The complainant was still buckled to the vehicles seat belt as officer D and B continued to pull
the complainant out of the vehicle. The Complainant continued to yell at the Officer D and tried
to pull away holding onto the seat and console. Officer C came over to assist Officer D, the
Complainant continued to struggle and was advised by the Officers she would be pepper
sprayed. The Complainant continued to struggle and was pepper sprayed by Officer D. Officer
then unbuckled the complainant's seat belt and removed the Complainant from the vehicle. The
Complainant was taken to the Johnson County Jail where she was decontaminated by
ambulance personnel. The children were relinquished to an acquaintance at the scene. Later in
the day, the acquaintance approached Officer C and told them that at least some of the children
were also suffering from the effects of being pepper -sprayed. An ambulance was required to
respond and evaluate/ treat the children as needed for OC contamination.
Allegation 1- Excessive Use of Force.
The Police Chief's findings are unreasonable, arbitrary or capricious.
The Complainant alleges Officer D used excessive force by deploying his OC/Pepper Spray.
The board recommends that the police chief or city manager reverse or modify their findings
based on the board's conclusion.
Though it may seem as the officer was following policy, it is our duty to ensure the discretion
and judgment are used within enforcement of the policy, According to the policy The Use of
Force (III) officers should "recognize and respect the value and special integrity of each human
life ... a careful balancing of all human interests is required." Officer D in choosing to rapidly use
force failed to recognize the hazards and dangers of employing pepper spray within 1) enclosed
quarters of vehicle 2) a motor vehicle where children are present 3) on someone who could
reasonable gain control of the vehicle.
Furthermore, section 804.8 under the Use of Force Policy IV. Code of Iowa- Use of Force in
Making Arrests and Preventing Escape, indicates that use of force should be reserved for times
when a "peace officer reasonably believes to be necessary to effect the arrest or to defend any
person from bodily harm while making the arrest." The CPRB agreed that under these
provisions, Officer D failed to accurately assess the situation and use reasonable judgment. The
complainant showed no physical threat/harm to herself, her children, her husband, or the
officers.
Furthermore, the complainant had asked questions in regards to her husband's holding and was
met with ambiguous responses. Officer D displayed unreasonable and sudden reactions to the
circumstances. No reasonable person would use such a weapon (pepper spray) within an
enclosed car, in the presence of four children, and without first knowing the context of the
situation. The CPRB finds the actions of officer D sudden and troubling when considering the
extremely brief time frame in which the officer had contact with the complainant. Officer D
arrived at the scene and rapidly escalated tensions 1) by opening the door without permission or
first asking the complainant to open the door, 2) pulling the complainant out of the vehicle
without providing her time to unbuckle her seatbelt, and 3) ultimately pepper -spraying the
complainant within seconds of opening her door.
Allegation #1 — Excessive Use of Force — Sustained.
COMMENTS
The CPRB acknowledges that suitable changes have since been made to the Weapons policy.
XAN02201"
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 8, 2014
To: City Council
r
Complainant
City Manager
Equity Director
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #14-04
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #14-04 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chief's report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findingsU1 if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 07/23/2014. 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 09/18/2014.
The Board voted on 11/10/2014 to apply the following Level of Review to the Chiefs Report:
"On the record with no additional investigation", pursuant to Iowa City Code Section 8-.7(B-a)(a). _s
The Board met to consider the Report on 10/13/2014, 11/10/2014, 12/03/2014, anc:1.2/08r2=014.
Board members reviewed audio and/or video recordings of the incident.
.I
FINDINGS OF FACT
On April 27, 2014, at 11:59 pm, officers responded to Highway 1 near Sunset for a vehicle in the ditch
with its headlights on. Upon arrival, officers found the vehicle still in the ditch and the Complainant
sitting in the front passenger seat of a witness's vehicle. The Complainant was on the phone with his
insurance company trying to arrange for a towing company to remove the vehicle from the ditch.
During conversations with the Complainant and the witness, officers learned the following information
about the crash. The Complainant had been to Walmart to get a can of dust off air to blow off his
computer. The Complainant left Walmart, and went westbound on Highway 1. He initially told officers
he was going home but later said he was going to an adult store in Cedar Rapids. The witness said the
Complainant crossed the median and both eastbound lanes of traffic and then went into the ditch.
When the Complainant was asked how he ended up in the ditch, he said he may have fallen asleep, he
did not remember. The accident occurred within a few blocks of Walmart, which can be seen from the
scene of the accident. The Complainant's vehicle was removed from the ditch by the towing company
and towed to his residence.
After speaking with the Complainant about the accident, officers felt the Complainant may have been
impaired so they began field. sobriety tests. After the evaluation, officers took the Complainant to the
police department for further testing. The Complainant was advised of his rights. He initially denied
and then later admitted to inhaling the dust off. The Complainant also admitted the can of dust off was
in his vehicle.
ALLEGATION 1 — Responsibilities.
The Complainant claims the officers failed to call an ambulance to check for medical conditions that
may have caused the crash.
At the scene, while on the phone with his insurance company, the Complainant is clearly overheard
saying he is not injured. Later when the Complainant is asked by officers if he needs medical attention,
he says he does not. The Complainant is also asked on more than one occasion if he has any
disabilities that would affect his ability to perform any of the field sobriety tests, and he never claims any
injuries or disabilities. These statements are supported by the video/audio recording, and officer
reports. According to officers, the Complainant also had no apprant or observable injuries.
Allegation: Responsibilities - Not sustained
ALLEGATION 2 — Obedience to laws and regulations.
The Complainant alleges officers illegally searched his vehicle and failed to follow department impound
procedures when towing his vehicle. The Complainant also claimed officers completed a statement as
part of the search warrant application that was intentionally misleading.
The vehicle was impounded after officers were denied permission to enter the vehicle to remove a can
of compressed air that was wanted as evidence. The officer did not inventory the vehicle when it was
towed because the search would have been illegal at that point. Officers were advised by the Johnson
County Attorney's Office to tow the vehicle from the Complainant's residence, and apply for a search
warrant. A search warrant was issued after a judge determined probable cause existed. After obtaining
the search warrant, an officer searched the vehicle and removed a can of "Ultra Duster" from the
vehicle.
Allegation: Obedience to laws and regulations - Not sustained
ALLEGATION 3 — Incompetence.
The Complainant stated the officers failed to include all the relevant and important information in the
reports submitted to the County Attorney's Office and that this failure meant the County Attorney's
Office was unable to include information into decision on whether to prosecute the case.
The officers documented theirs observations of the Compliant and his performance of the field sobriety
tests both at the scene and the police department in their reports. There is also in car video and video
from inside the police department. All of this was made available to the County Attorney's Office, the
Complainant, and to his attorney, as well as to this Board. A review shows no coercive and there was
no motion to suppress filed.
Allegation: Incompetence - Not sustained
COMMENTS CO
The original eight allegations are summarized in the three categories listed above..-', 5" ��
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 8, 2014
Re: Investigation of CPRB Complaint #14-08
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #14-08 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
To: City Council
-
Complainant
City Manager
Equity Director
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #14-08
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #14-08 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 09/24/2014. 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 11/07/2014.
The Board voted on 11/10/2014 to apply the following Level of Review to the Chiefs Report:
"On the record with no additional investigation", pursuant to Iowa City Code Section 8-8-7(B)(1)(a).
r._,)
The Board met to consider the Report on 11/25/2014, 12/03/2014, and 12/08/2014. C-'
Board members reviewed audio and/or video recordings of the incident.
FINDINGS OF FACTnP
On April 27, 2014, at 11:59 pm, officers responded to Highway 1 near Sunset for a vehicle in the ditch
with its headlights on. Upon arrival, officers found the vehicle still in the ditch and the Complainant
sitting in the front passenger seat of a witness's vehicle. The Complainant was on the phone with his
insurance company trying to arrange for a towing company to remove the vehicle from the ditch.
During conversations with the Complainant and the witness, officers learned the following information
about the crash. The Complainant had been to Walmart to get a can of dust off air to blow off his
computer. The Complainant left Walmart, and went westbound on Highway 1. He initially told officers
he was going home but later said he was going to an adult store in Cedar Rapids. The witness said the
Complainant crossed the median and both eastbound lanes of traffic and then went into the ditch.
When the Complainant was asked how he ended up in the ditch, he said he may have fallen asleep, he
did not remember.
After investigating the accident, Officer A completed a state accident report and estimated the damage
to the Complainant's vehicle as $1500. Officers also issued the Complainant a citation for failure to
maintain control of his vehicle. The Complainant was also arrested for Operating while intoxicated.
ALLEGATION 1 — Officer included inaccurate information in an official police report.
On September 1, 2014, the Complainant contacted the police department by email, asking to have the
damage estimate changed as he was concerned the accident would be reported to the DOT and listed
on his driving record. The Complainant stated he repaired the damage himself, however the
Complainant admitted he never took the vehicle.to a mechanic or body shop to verify the damage or
obtain a repair estimate. Officer A emailed the Complainant, saying the damage estimate on scene
was not meant to be a solid figure, and declined to change the estimate.
Allegation: Officer included inaccurate information in an official police. report - Not sustained
ALLEGATION 2 — This was a retaliation against the Complainant for filing a complaint against
another officer in an earlier CPRB complaint.
Officer A said he was aware the Complainant had filed an earlier CPRB complaint against another
officer, however repeated the damage estimate on scene was not meant to be a solid figure, and if the
damage to the vehicle was repaired by a body shop, it would be at least $1500. Officer A stated he did
not set the damage amount to penalize the Complainant. The Complainant did not take the vehicle for
a damage estimate, there is no way to prove the damage estimate was or was not $1500.
Allegation: This was a retaliation against the Complainant for filing a complaint against another
officer in an earlier CPRB complaint - Not sustained
COMMENTS
None
[GJ
02-23-15
FINAL/APPR 3b(5)
CITIZENS POLICE REVIEW BOARD
MINUTES — December 29, 2014
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 8:07 A.M.
MEMBERS PRESENT: Royceann Porter, Joseph Treloar
MEMBERS ABSENT: Fidencio Martinez, Mazahir Salih
STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL
None
EXECUTIVE SESSION
Motion by Porter, seconded by Treloar 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, Martinez and Salih absent. Open session adjourned at 8:08 A.M.
REGULAR SESSION
Returned to open session at 8:38 A.M.
Motion by Treloar, seconded by Porter to request an extension to January 14, 2015 for CPRB
Complaint #14-02, due to the holidays and the need for a final meeting to complete the Public
report.
Motion carried, 3/0, Martinez and Salih absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• February 10, 2015, 5:30 PM, Helling Conference Rm
• March 10, 2015, 5:30 PM, Helling Conference Rm
•April 14, 2015, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Porter.
Motion carried, 3/0, Martinez and Salih absent.
Meeting adjourned at 8:39 A.M.
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MINUTES — FINAL
CITY OF IOWA CITY CIVIL SERVICE COMMISSION
February 12, 2015 — 8:15 a.m.
HELLING (LOBBY) CONFERENCE ROOM — CITY HALL
Members Present: Lyra Dickerson, Jesse Case
Members Absent: Paul Hoffey
Staff Present: Karen Jennings, Captain Jim Steffen, Captain Doug Hart, Tracy
Robinson
Others Present: None
RECOMMENDATION TO COUNCIL (become effective only after separate Council
action):
None.
CALL TO ORDER:
The meeting was called to order at 8:15 a.m. Lyra Dickerson chaired the meeting.
CERTIFICATION OF PROMOTIONAL LISTS FOR THE POSITIONS OF
POLICE CAPTAIN. POLICE LIEUTENANT AND POLICE_ SERGEANT:
After a brief discussion, Case moved to accept the promotional list for Police Captain as
proposed, Dickerson seconded and all were in favor. Case moved to accept the
promotional list for Police Lieutenant as proposed, Dickerson seconded and all were in
favor. Case moved to accept the promotional list for Police Sergeant as proposed,
Dickerson seconded and all were in favor
OLD BUSINESS:
Jennings stated that promotional testing for the Fire Department will be scheduled for late
spring/early summer per the process that was approved by the Commission last year.
NEW BUSINESS:
None.
ADJOURNMENT:
Case moved to adjourn, Dickerson seconded and the meeting was adjourned at 8:20 a.m.
Board/Commission: Civil Service Commission
ATTENDANCE RECORD
YEAR 2015
(Meeting Date)
NAME
TERM
EXPIRES
2/12/15
Lyra Dickerson
4/3/18
X
Paul Hoffe
4/4/16
O/E
Jesse Case
4/3/17
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No Meeting
--- = Not a Member
February 12, 2015
► r i
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,fir VIII"��
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
TO: The Honorable Mayor and the City Council www.icgov.org
RE: Civil Service Promotional Examination — POLICE CAPTAIN
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Police Captain.
1. Troy Kelsay
IOWA CITY CIVIL SERVICE COMMISSION
Lyra . Dickerson, Chair
Paul C. Holley
Jesse Case
ATTEST:
Manan K. Karr, City Clerk
February 12, 2015
TO: The Honorable Mayor and the City Council
RE: Civil Service Promotional Examination — POLICE LIEUTENANT
in11>1�
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.lcgov.org
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Police Lieutenant.
1. Denise Brotherton
2. David Droll
3. Chris Akers
4. Zach Diersen
IOWA CITY CIVIL SERVICE COMMISSION
Lyra KDickerson, Chair
Paul C. Hoffey (b:�e�
Jesse Case
ATTEST:
Maria K. Karr, City Clerk
February 12, 2015
TO: The Honorable Mayor and the City Council
RE: Civil Service Promotional Examination — POLICE SERGEANT
_!
I r 1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.lcgov.org
We, the undersigned members of the Civil Service Commission for Iowa City, Iowa, do hereby
certify the following named person(s) as eligible for the position of Police Sergeant.
1. Kevin Bailey
2. Jeff Fink
3. Dave Schwindt
4. Jerry Blomgren
5. Jeremy Bossard
IOWA CITY CIVIL SERVICE COMMISSION
Lyra . Dickerson, Chair
Paul C. Hoffey Agatt
t
Jesse Case
ATTEST:
Maribn K. Karr, City Clerk
3b(7)
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
JANUARY 8, 2015
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Gosia Clore, Kate
Corcoran, Frank Durham, Pam Michaud, Ben Sandell, Ginalie
Swaim
MEMBERS ABSENT: Andrew Litton, Frank Wagner
STAFF PRESENT: Bob Miklo
OTHERS PRESENT:
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CERTIFICATES OF APPROPRIATENESS:
608 Grant Street.
Miklo said this property is on the east side of Grant Street in the Longfellow Historic District. He
said the Commission reviewed this a little over a year ago, approving some modifications to the
back of the house to allow a deck and also repair of the balcony, which is in process.
Miklo said the original application was to allow a deck and add French doors where there was
previously a window. He said the deck and French doors have been added and showed the
plan that was approved, with the deck stairway going to the east into the yard.
Miklo said that now that the deck has been built, the applicant is requesting a modification. He
said that because the yard slopes to the east, the number of steps to reach the deck would be
more than anticipated, meaning that it would take up more of the lawn space. Miklo said the
applicant also feels the deck would be more useful if the entrance was to the north side,
because there is a kitchen door on the north side of the house and a paved patio area on the
north side of the house.
Miklo said the owner is therefore requesting, in lieu of the previously approved plan, which
meets the guideline, that the alternate plan be considered. He said the guidelines recommend
that modern additions or decks be set in at least eight inches from the edge of the property or
the house. Miklo stated that this proposal would put the stairway portion of the deck north of the
house, where it would be fairly visible but would, in the applicant's view, provide better
circulation in terms of the yard, require a shorter run of stairs, and provide quicker access to the
patio area and the door on the north side of the house.
Miklo said the design of the deck material would be very simple, with a wrought iron railing
similar to what is being replaced on the front of the house. He said that approval of this plan
HISTORIC PRESERVATION COMMISSION
January 8, 2015
Page 2 of 8
would require an exception to the guidelines, which say that modern decks should be to the
back and set in. Miklo said there is language in the guidelines that gives direction as to when
an exception should be granted, and one of them refers to when there is an unusual lot
configuration, shape, or topography. He said that may be the case here, in that the change in
grade from the north lawn to the east lawn does provide some rationale as to why a stairway on
the north side would make the deck more functional.
Miklo said one other thing to note is that typical decks have wood, usually cedar, posts and
spindles. He said there have been other proposals where someone has proposed metal, and
staff has recommended against approval of that. Miklo stated that in this particular case,
because of the wrought iron railing that was on the front of the house and in keeping with the
Mediterranean style of the house, the applicant is proposing a metal railing, which will be less
obvious, less bulky, and less noticeable, as it will be painted black.
Given the circumstances of the yard configuration and the use of the metal railing, Miklo said
staff believes that an exception does warrant consideration here. He said staff recommends
approval of the proposal. Miklo said that if the Commission feels this warrants an exception,
that should be stated in the motion.
Michaud asked about the picket fences shown under the deck in the photograph. Miklo said
they are just being stored there. He said there will be a lattice work under the deck.
MOTION: Corcoran moved to approve a certificate of appropriateness for the project at
608 Grant Street, including an exception to the guidelines for an eight -inch set in from
the sidewall due to the change in grade from the side yard to the rear yard, with the
following conditions: the railing for the deck and stairs will be made of metal to match or
complement the historic railing located on the balcony on the front of the house,
applicant to provide plan and details for the railing, all of the above to be reviewed and
approved by chair and staff. Baker seconded the motion. The motion carried on a vote
of 8-0 (Litton. Sandell, and Wagner absent).
331 North Gilbert Street/321_ Davenport Street
Miklo said this property is in the Northside Historic District and is at the corner of Davenport and
Gilbert Streets. He said there were two lots here: 331 Gilbert Street and 321 Davenport Street.
Miklo said that combining the two lots has made one L-shaped lot.
Miklo said the house at 321 burned down in May of 2009. He said the City's Housing Authority
purchased that lot with the intention of building an affordable housing unit there. Miklo said the
City later agreed to sell the property to the owner of 331, who is now proposing to build a
carriage house or garage on the property.
Miklo showed the house at 331 North Gilbert. He showed the view from the alley, looking north,
and where the house burned down and where the garage would be built. Miklo showed the
view looking north, standing on Davenport Street to the south, and the view from Gilbert Street
and where the garage would be constructed.
Miklo said staff received a revised plan, which he had sent out to Commission members. He
said the plan illustrates the position of the garage. Miklo showed the view with regard to the
new plan, and the plan view of the back of the lot and the garage, showing that it would have
three stalls. He said it would be larger than most garages and would measure 32 feet by 32
HISTORIC PRESERVATION COMMISSION
January 8, 2015
Page 3 of 8
feet. Miklo said it would have a stairway leading to what would initially be a storage space
above. He said that if there were some zoning changes, there is a possibility there could
someday be an apartment on the second level, but that is not under consideration at this time.
Miklo said the revised plan addresses all of the items that were identified in the staff report in
terms of meeting the guidelines for new outbuildings or garages in historic districts. He stated
that the building is placed to the rear of the property, such as it is with this oddly -shaped lot.
Miklo said the doors would be on the alley side, as recommended. He said the applicant has
chosen a carriage -style door, which is fitting for a garage in this neighborhood.
Miklo said the siding will be fiber cement, lap siding, between three to five inches in width, which
would meet the guidelines. He added that the original siding on the house was probably three
inches, although it now has vinyl over it.
Miklo said the applicant has provided information now about the two entry doors, which would
be fiberglass, panel doors. He said that once they are painted they look very much like a wood
door, and that now meets the guidelines. Miklo said the detailing in terms of the window and
door trim now meets the guidelines.
Miklo said staff recommends approval of the revised plan as submitted and shown in the revised
drawings.
Swaim asked if, in drawing number one, one of the details represents wood or cement board
siding. Miklo confirmed this and said the applicant has indicated this would be cement board.
Michaud asked if this will be a separate residence or if it will be coupled with 331. Miklo
responded that the requirements of the zoning code and of the purchase agreement that the
City had with the applicant now make this one lot — one tract. He said this will therefore be an
accessory use, a garage to serve the house at 331 N. Gilbert.
Michaud said it is really set back from the house. She said it looks like the two major houses on
Gilbert were there first and then they sold that back half off.
Miklo replied that these were always separate lots. He said the initial City lots were 80 feet by
150 feet deep. Miklo said the initial lots went from Davenport Street to the alley. He said that at
some point in time, probably before 1900, the 80 -foot lot was split, with 331 and 325 Gilbert
Street being built on that. Miklo said then 321 and 319 Davenport Street were one 80 -foot lot
that was then split down the middle. He said that was not an unusual situation throughout the
North Side.
Michaud asked if the alley is paved. Miklo did not know whether it is paved or not. Michaud
said that when she inquired about building a carriage house on her lot, it seemed like they
wanted it to have a long driveway into the street, about a 50 -foot driveway. She asked if this is
going to be off the alley because there is enough room to set it back.
Miklo confirmed this. He said it will actually be set back about 20 feet to allow a car to park
behind the garage. Michaud asked if there could ever be another primary residence built in
front of the carriage house. Miklo said it could not be done without a zone change. He said
there is not enough land area there for a second house.
HISTORIC PRESERVATION COMMISSION
January 8, 2015
Page 4 of 8
Michaud asked if this is one of the lots that is being reconsidered for zoning around Clinton and
Dubuque. Miklo answered that it is not. Michaud said it seems sensible that with such a large
carriage house that it should be another primary residence.
Miklo stated that both of these are non -conforming in terms of the lot width or area required in
the underlying Neighborhood Stabilization (RNS-12) zone. He said that the zoning code states
that if two non -conforming lots come under one ownership, they become one conforming lot,
because they then meet the minimum requirements for zoning. Miklo added that the purchase
agreement that the applicant entered into with the City when he purchased the property was
that this would become one lot.
Miklo said that in some of the residential zones, the City does allow accessory apartments
above garages. He said that this particular zone does not allow that, although there may be the
possibility of that changing in the future. Miklo said that is the only way the second floor space
could be converted to living space. He said that is not an issue for Commission consideration.
Michaud said that, in terms of historic preservation, a two -car or two -door garage would be more
traditional. Miklo said it would be, but there are some locations in the North Side where there
are some larger gang garages where there might even be four cars. He said the Commission's
role is to determine if this fits and if it meets the guidelines, and staff feels that it does.
MOTION: Baker moved to approve a certificate of appropriateness for 331 North Gilbert
Street in accordance with the revised plans. Ackerson seconded the motion. The motion
carried on a vote of 8-0 (Litton, Sandell, and Wagner absent),.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Miklo said that most of these issues were fairly minor or replacement materials with like
materials.
DISCUSSION OF ANNUAL AWARDS PROGRAM:
Swaim said the Annual Awards Program is to be held January 29.
Miklo said he wanted to discuss the house on Grant Street with the Commission. He said it was
on the committee's list of nominees, but it did not look like it would be complete before the
awards program so the committee took it off the list.
Miklo said the owner has indicated that she believes she will have the balcony replaced and put
back before the January 29th awards program. He said the question is whether this should
receive an award, primarily for exterior finish work. Miklo said the owners did considerable
stucco repair, painted the exterior of the house, and are repairing the balcony.
Miklo said it is somewhat of an unusual house with a Mediterranean style. He said it doesn't
really fit the neighborhood, but it is historic. Miklo said the owner provided a write up from a
book of 1920s house plans that the house was based on. He said if the balcony is put back on
so that it retains its historic appearance from the street, the Commission might want to consider
it again.
Swaim stated that the awards committee would be meeting the next day. She said that she and
Alicia Trimble are working on the program that is passed out to attendees. Swaim said it
HISTORIC PRESERVATION COMMISSION
January 8, 2015
Page 5 of 8
wouldn't be done tomorrow, but they would want to make certain that listing this would mean
that it was truly done. She said the committee could discuss it, unless Commission members
have input. Miklo suggested taking it off the list of award recipients if it is not done a week
before the event. He said it could then be considered the next year.
Agran said that there was another house that is on Dodge Street that is not 100% finished. He
said that, since it sounds like this award is being given primarily for paint and stucco repair as
opposed to having the porch railing back on, it seems like it would be reasonable to re -include it
and take the risk, because the risk is quite small.
Miklo said this house was added onto extensively at some point. He said that all of the shingle
work is the result of additions to the back of the house. Miklo said that from the street one really
doesn't see this.
The consensus of the Commission was to include the property on the list of award winners.
Miklo said the Commission also needed to discuss the Margaret Nowysz Preservation Person of
the Year Award, which is considered the Commission's highest honor. He said the award is not
given every year. Miklo said this year the proposal is to give it to John Shaw, an architect who
has worked on several historic preservation projects, including the Vine Building, the work on
the Saint Thomas More Parish House on McLean Street, and the Englert Theater.
Swaim said the number of projects Shaw has worked on that are preservation projects and have
won awards is 20 or so. Swaim said the Park House Hotel, on Jefferson and Dubuque Streets,
was a major save. She added that Shaw was on the Historic Preservation Commission at one
time and also served as chair. Swaim said she feels that because of the depth and length of his
career and how much of it was dedicated to preservation, she feels he would be a good
nominee.
MOTION: Corcoran moved that the Historic Preservation Commission present this year's
Margaret Nowysz Award to Architect John Shaw of Iowa City, in recognition of his work
on numerous historic preservation projects in Iowa City, including the Vine, the Saint
Thomas More Parish House, the Englert Theater, and the Park House Hotel. Baker
seconded the motion. The motion carried on a vote of 9-0 (Litton and Wapner absent).
Swaim said she hopes all of the Commission members can attend the awards, as it is a great
chance to celebrate all that has been accomplished. She said it will be held at the Public
Library at 5:30 on January 29.
CONSIDERATION OF MINUTES FOR DECEMBER 11, 2014:
MOTION: Durham moved to approve the minutes of the December 11, 2014 Historic
Preservation Commission meeting, as written. Corcoran seconded the motion. The motion
carried on a vote of 9-0 (Litton and Waqner absent).
HISTORIC PRESERVATION INFORMATION.
Regarding the cottages on South Dubuque Street, Miklo said the City Council has set a meeting
regarding this item for its January 201h meeting. He said that a yes vote from six out of seven
City Council members would be required to approve the landmark nomination.
HISTORIC PRESERVATION COMMISSION
January 8, 2015
Page 6 of 8
Miklo said that if there is an indication that the City Council will not approve this, the City Council
will have to first meet with the Planning and Zoning Commission to give the Planning and
Zoning Commission the opportunity to convince them why they should give the two remaining
buildings landmark status. He said that would happen after January 20, if there is an indication
on the 20th that there are not six members in support of landmark status.
Swaim said if there is an indication that six members may be in favor, there would be two
additional City Council readings regarding this item. Miklo confirmed this.
Swaim said that at the Historic Preservation Commission's hearing, Nancy Carlson had asked
about the North Clinton/Dubuque Street District and Civic District. Miklo said the Planning and
Zoning Commission is considering a Comprehensive Plan amendment for the area roughly from
Iowa Avenue on the north to Burlington Street from Gilbert Street mid -block to just east of
Johnson Street. He said it is kind of a gap area that was not covered in either the downtown
plan or the Central District Plan.
Miklo showed the area for which there is a proposal to include in the downtown plan. He said
the proposal would also include the area starting at the mid block in the Central District Plan.
Miklo said there is also a block area just north of Market Street near Old Brick to Dubuque
Street, and the proposal is to include that in the Central District Plan.
Miklo said Carlson brought it to the Commission's attention because there are some known
historic buildings in those areas that are not designated, and she wanted to have people
advocate for addressing those buildings in the plan.
Swaim asked what the timeline on all of that is. Miklo responded that the public hearing is
before the Planning and Zoning Commission on January 15 at 7 p.m. He said there was a
website or e-mail address in the material that was sent out where one can make comments in
lieu of attending the meeting.
Swaim asked how making these properties part of these districts would affect zoning. Miklo
answered that there is the potential for different zoning. He stated that this area is mostly
designated for civic or government use. Miklo said the City's plan for the past 30 or 40 years
was to acquire all properties between Iowa Avenue and Burlington Street from Gilbert over to
Van Buren for government uses. He said the thought has changed such that the City will not
require that amount of land.
Miklo said there may be other properties that could be developed for private use or for a
combination of government and private use. He said this plan would give some guidance as to
how that area would develop.
Miklo said that once this is presented by staff to the Planning and Zoning Commission, the
Planning and Zoning Commission would make a recommendation to the City Council, which
would then decide to include it in the Comprehensive Plan or not after a public hearing.
Swaim said the questions sent out by staff via e-mail on December 12 are a chance for the
public as well as individual Commission members to address what concerns them. Miklo
confirmed this.
Michaud asked about the boundaries. Miklo said he believes it goes to the edge of the CB -5 or
CB -2 zone. He said there is a map online. Miklo said the text is also important, as it doesn't
HISTORIC PRESERVATION COMMISSION
January 8, 2015
Page 7 of 8
say this should all be treated as one unified district but talks about creating a transition to the
College Green Neighborhood and how that might be done.
Sandell asked if a survey of the historic properties in these historic districts has been done.
Miklo replied that they were included as part of larger surveys. He said that a small area was
found to be eligible for the College Hill Conservation District, but when that district was actually
proposed, the area on Washington Street was removed. Miklo said the survey does identify a
few buildings that are National Register eligible. In terms of the structures that have been
identified as potentially historic, Swaim asked Miklo if he could send the Commission members
the portions of the surveys that have to do with those properties.
Michaud said it seems like this is a pretty major change. She said that if Carlson already asked
that the Commission address this, it might need more attention than a month-old e-mail.
Miklo said he thought Carlson's intention was to encourage the Commission to participate in the
process. He said that is why she brought it to the Commission's attention. Miklo said the
meeting before the Planning and Zoning Commission is next week and encouraged people to
send a message or statement to the Planning and Zoning Commission. He said the
Commission could also send a statement as a body.
Michaud asked, even though this is already CB -2, what changes would occur if it is officially part
of downtown. Miklo said the proposal is that the area west of Van Buren Street be included in
the downtown plan, which would open the possibility of CB -10 zoning, but that the area east of
Van Buren Street be included in the Central District.
Michaud asked if the three blocks from Burlington to Iowa Avenue are all zoned CB -2. Miklo
said he thought they are but said that some of them might actually be CB -5, which is a little bit
higher. Michaud said the height limit in a CB -2 zone is 45 feet. She said that would be allowing
four-story buildings with a 14 -foot commercial level height.
Michaud asked what the status of the Chauncey is right now for plans and heights. Miklo said
he believes it is planned for 15 floors. Michaud said that has to be reviewed for the TIF. Miklo
confirmed this and said it also has to be reviewed for zoning.
Swaim encouraged Commission members to take time to look at this and give feedback.
ADJOURNMENT:
The meeting was adjourned at 6:11 p.m.
Minutes submitted by Anne Schulte
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Minutes
Human Rights Commission
January 20, 2015 — 6 PM
Emma J. Harvat Hall
, , T1IID117
Members Present: Harry Olmstead, Orville Townsend Sr, Kim Hanrahan, Joe D. Coulter,
Stella Hart, Paul Retish, Edie Pierce -Thomas.
Members Not Present: Shams Ghoneim, Ali Ahmed.
Staff Present: Stefanie Bowers.
Recommendations to Council: No.
Call to Order:
Coulter called the meeting to order at 18:00.
Consideration of the Minutes from the December 15, 2014 Meeting Date:
Motion Townsend, seconded by Hanrahan. Motion passed 6-0. (Olmstead not present).
New Business
Introduction of New Commissioner
Pierce -Thomas moved back to Iowa City from West Lafayette, Indiana where she served on the Human
Relations Commission. She is looking forward to serving on the Human Rights Commission.
Election of Chair
Motion Townsend to nominate Coulter as the 2015 Chair, seconded by Hart. Motion passed 5-2.
(Olmstead and Coulter in the negative).'
Election of Vice Chair
Motion Coulter to nominate Hanrahan as the 2015 Vice Chair, seconded by Retish. Motion passed
5-2. (Hart and Olmstead in the negative).
Affordable Housing & Inclusionary Zoning
Olmstead mentioned the recent Council Work Session (1-6-2015) on affordable housing and inclusionary
zoning. Specifically the Council discussion on Riverfront Crossing.
Motion Olmstead for a letter to be sent to the Council applauding and supporting its recent
discussion on affordable housing and also asking Council to continue to look at the various options
available in the future for affordable and inclusionary zoning here in Iowa City, seconded
Hanrahan. Motion passed 7-0.
Juneteenth Celebration 150 Year Anniversary
Bowers provided a brief history of the national holiday along with the financial contribution by the
Commission in the past for the event. The event will be held here in Johnson County on June 27.
Olmstead and Hart will serve on the planning committee for Juneteenth. Commissioners discussed
providing financial sponsorship for Juneteenth. In the past the Commission has sponsored at an amount of
$350.
1 Coulter voted for Olmstead.
Motion by Hart for 2 Commission members to join the planning committee for Juneteenth and
possibly plan a program for the event, seconded by Hanrahan. Motion passed 7-0.
Motion by Townsend to provide sponsorship at $400 for the 2015 Juneteenth event, seconded by
Hart. Motion passed 5-2. (Hanrahan and Pierce -Thomas in the negative).
Black History Month Proclamation
Hanrahan will accept the proclamation on behalf of the Commission along with a student friend on
Monday, February 9 at the formal Council meeting.
Invitation to Co -Sponsor Injustice On Our Plates: How Conditions of Food Workers Affect Us All
The Commission agreed to sponsor this event without providing financial assistance. The Commission
instead will send out notice of the event being held on February 28 from 9-3 at the University Capital
Center.
Motion by Hart, seconded by Pierce -Thomas. Motion passed 7-0.
Sponsorship Request 2015 Choice Event
The event will be held at the Hotel Vetro on Friday, January 23 starting at 5. The Commission chose to
sponsor the event in the amount of $250. All the money raised for the event goes to the deProsse Access
Fund that subsidizes services for under insured women and men accessing health care services at the
Emma Goldman Clinic. Sponsorship comes with two complimentary tickets. Olmstead and Hanrahan will
attend on behalf of the Commission.
Motion Olmstead, seconded by Hart. Motion passed 7-0.
Funding Request Soul Food Dinner
The soul food dinner will be held on Friday, February 20 at either City High School or Grant Wood
Elementary School. The Commission chose to offer financial sponsorship in the amount of $125 to assist
with the cost of food, utensils and additional supplies. Commissioners respectfully request to be
acknowledged on event information as a contributor.
Motion Olmstead, seconded by Hanrahan. Motion passed 7-0.
Old Business
Center for Worker Justice Just Employment Initiative
Bowers spoke about her concerns when the Commission actively investigates alleged human rights
violations at their monthly meetings. Bowers cautioned that such action may cause complaints filed with
the office to be transferred to another jurisdiction because the Commission is no longer impartial in the
matter. Bowers suggested that the Commission discuss alternative ways to advocate and or support
allegations of human rights violations.
Volunteer Fair for Retired Persons
Retish reports that he is currently looking at area organizations or nonprofits to assist with planning a
volunteer fair for retired persons. Elder Services is an option but it may be a few more weeks before a
meeting can be set up to discuss the venture in more detail due to staff changes at Elder Services.
Action Plan 2015
Commissioners moved forward on approving the action plan for 2015.
Motion Olmstead, seconded by Townsend. Motion passed 7-0.
2
Upcoming Events/Pro2rams
Youth Awards
The Mayor has been asked to deliver the keynote at this annual event being held on May 13.
Reports
Reverend Dr. Martin Luther King Jr. Day Proclamation
Bowers accepted the proclamation at the January 6 formal Council meeting on behalf of the Commission.
Human Rights Breakfast
The Commission decided to hold its 2015 Breakfast at the Iowa Memorial Union (IMU). Bowers will
follow up with a date and also request more service at the tables and better signage for the future event.
Motion Olmstead, seconded Pierce -Thomas. Motion passed 7-0.
Education
Retish, Olmstead and Hanrahan all serve on the Iowa City Community School District's (ICCD) Equity
Committee. The Policy and Engagement Committee of the ICCSD will be meeting in the near future to
discuss the diversity plan and how to move forward on reducing some of the overrepresentation within
the ICCSD as it relates to youth of color.
Building Communities
The Black Voices Project plans on holding small group discussions at various locations in the community
including The Spot. Townsend will provide an update on the status of this outreach at future Commission
meetings.
University of Iowa Center for Human Rights
The Kenneth J. Cmiel Funded Human Rights Internship applications are due on March 13.
Equity
Bowers gave a summary of the recent Council Work Session and discussion on the equity report held on
January 13.
Commission
Hart reported that there will be upcoming street harassment trainings. She will forward an announcement
for distribution to Bowers in the near future.
Staff
Bowers gave an update on the Youth Police Academy being planned for the summer.
Adjournment: 20:23
Next Regular Meeting — February 17, 2015 at 6:00 pm.
3
Human Rights Commission
ATTENDANCE RECORD
YEAR 2014/2015
(Meetinn Dates
NAME
TERM
EXP.
2/18/
14
3/18/
14
4/29/
14
5/20/
14
6/17/
14
7/15/
14
8/19/
14
9/16/
14
10/2/
14
10/21/
14
11/18
14
12/15
14
1/20
15
Edie Pierce-
Thomas
1/1/2016
-
-
-
-
-
-
-
-
-
-
-
-
X
Joe D. Coulter
1/1/2016
X
X
X
X
X
O/E
X
X
X
X
X
X
X
Harry
Olmstead
1/1/2016
X
X
X
X
X
X
X
X
X
X
X
X
X
Paul Retish
1/1/2017
X
O/E
X
X
X
O/E
X
O/E
X
O/E
O/E
X
X
Ali Ahmed
1/1/2017
X
O/E
O/E
O/E
X
X
X
O/E
X
X
X
X
O
Orville
Townsend, Sr.
1/1/2017
X
X
O/E
X
X
X
X
X
X
X
X
X
X
Kim
Hanrahan
1/1/2018
X
X
X
O/E
O/E
X
X
X
X
X
X
X
X
Shams
Ghoneim
1/1/2018
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Stella Hart
1/1/2018
-
-
-
-
X
X
X
O/E
X
X
X
X
X
Andrea Cohen
1/1/2016
X
O/E
X
X
X
X
X
O/E
X
O/E
X
X
R
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = No longer a member
R = Resignation
Late handouts from Human Rights Commission
Meeting held on Tuesday, January 20, 2015.
COPY
Stefanie Sowers
Fes: (lark Sennett, Robin <robin4adc-benrwd@ulowa.edu>
Sent: Thursday, January 15, 201511:18 AM (P� �K
To: Harry Olmstead V _ \A
Cc: Stefanie Bomrs \fp,v
Subject: RE: Conference
Attachments: Iryusdoe On Our Plates filar tinal.pdf r /
Dear Harry and Stefanie,
Per our previous emails, I'm attaching the flyer for the Labor Center's upcoming conference on
Saturday February 28, 2015 from 9am-3pm entitled "injustice on Our Plates: How Conditions of Food
Workers Affect us All." The conference will be held on the second floor of the Old Capitol Mall and is
currently co-sponsored by: the University of Iowa Center for Human Rights, Office of Sustainabiiity,
Department of Communication Studies, Department of History, Public Policy Center, Chief Diversity
Office, and Latina/o Studies Minor, along with the Center for Worker Justice of Eastern Iowa, and the
Iowa Federation of Labor.
The Iowa City Human Rights Commission would be welcome to also co-sponsor the conference, if
the commission is Interested in doing so. Co-sponsors agree to help publicize the conference, and if
possible they contribute $100 toward the cost of the honorarium and travel for the keynote, as well as
interpretation and other conference costs. Co-sponsors are listed on all publicity (the flyer is already
printed, but future publicity could be amended to reflect any changes).
The conference is free and open to the public, and will be simultaneously interpreted in Spanish.
The keynote speaker will be Fakkak Mamdouh, co-founder and co-director of a dynamic restaurant
workers' organization called Restaurant Opportunities Centers United (ROC), and co-author with
Rinku Sen of The Accidental American: Immigration and Citizenship in the Age of Globalization. ROC
brings together restaurant workers, consumers, and high -road employers to confront race -based
barriers to advancement, sexual harassment, low pay, and unsafe conditions that workers commonly
face in this industry. Mr. Mamdouh is a Moroccan -American immigrant who, prior to co-founding
ROC, served as headwaiter at Windows on the World restaurant in the World Trade Towers until
September 11, 2001. As he and his co-workers were forced to find new restaurant employment in the
wake of the attack, they formed ROC -New York to confront the discrimination and poor conditions
they found in the restaurant industry. Since then, ROC has grown to include more than 13,000
restaurant workers in 26 states. The organization has recovered over $10 million in unpaid wages for
restaurant workers, produced dozens of reports about conditions in the industry, runs advanced
restaurant workers training and placement programs, and has assisted restaurant workers in opening
several ca -operatively owned restaurants (http://rocunited.or-o/ ) Other conference sessions will
include: an overview of the 21 st century food industry; reports on current national projects to raise
standards in restaurant, fast food, meatpacking, and agricultural work; and a panel discussion
featuring local food workers.
We are very excited about this conference, and encourage you to participate. Registration information
and other details are listed on the flyer.
Please don't hesitate to contact me with any questions you may have.
Best regards,
Robin Clark -Bennett
From: Harry Olmstead [Harry03@aol.coml
Sent: Thursday, December 18, 2014 3:26 PM
COPY
To: Clark -Bennett, Robin
Cc: Stefanie Bowers
Subject: Conference
Robin: I've asked Stefanie to put the conference request on our January Agenda. When you get flyers
get them to Stefanie and she can mail it out with our January package. There are 9 commissioners
and the flyer will need to be to Stefanie the week before our meeting. The date of our next meeting
will be January 20, 2015.
Truly,
Hart' Olmstead, Chairperson
Iowa City Human Rights Commission
COPY
A one -day conference designed to bring together civil
rights, labor, faith, and sustainable food activists and
members of the University community to discuss current
initiatives to create jabs with dignity for the people
who harvest, process, cook, and serve our food.
TOPICS WILL INCLUDE:
• What challenges do workers face
in the 21st -century food industry?
• How are workers, consumers, and policy makers
coming together to raise standards?
• What's happening in Iowa?
vi , Keynote Speaker Fekkak Mamdouh
r
Co -Director of Restaurant Opportunities Centers
United (ROC) and co-author of The Accidental American:
Immigration and Citizenship in the Age of Globalization.
kr ;
2520-0 University Capitol Centre,
Iowa City (2nd floor Old Capitol Mail)
free and open to the public.
Lunch provided for participants who
register by February 23. To register, or for
further information. call the University
of Iowa labor Center a# 319-335-4144.
Retish, Paul M
From: Sam Hargadine <Sam-Hargadlne@iowa-city.org>
Sent: Saturday, January 17, 2015 9:55 AM \�
To: Retish, Paul M
Cc: Stefanie Bowers
Subject: RE: Meeting
I enjoyed the talk too. I'm still trying to remember how Mel Gibson ever came up 9+ years ago.
Beat 5 will be officer not assigned to the permanent beats i through 4. Float officers which will include K-9, SCAT or
Street Crimes Action Team, an officer brought in on OT for a traffic detail.
Also keep in mind that on a given day there may be an officer that is permanently assigned to work Beat 3.
Hypothetically, Beat 3 may have everyone there but Beat 2 has nobody because one is on vacation and another called In
sick. If there is a problem area the Watch Commander may reassign one or two from the overloaded area in to the area
that is understaffed. While the Beat 3 officer is supposed to be in one area all of his/her activities for the day will show
up in another.
One of the things Dr. Bamum pointed out in his presentation to Council were officers that were assigned to the West
side of town but they had a higher propensity or stop ratio in the S.E. side of town. That doesn't automatically mean
that he's a cowboy picking on Persons of Color in the S.E. beat.
Samuel E. Hargadine
Chief of Police
Iowa City Police Department
401 E. Washington Street
Iowa City, LA 52245
--Original Message ----
From: Retish, Paul M jmailto:paul-retish@uiowa.edu]
Sent: Saturday, January 17, 2015 9:40 AM
To: Sam Hargadine
Cc: Stefanie Bowers
Subject: Meeting
Chief. Thanks for your time on Friday. I appreciated your openness and frank discussion. I hope to open a discussion
with the human rights commission as to how we can be a positive influence on community relations. I am reading the
Traffic Study you shared with me and I have one question. The map continually shows 4 beat areas but the data
includes 5 areas. Where or what is the fifth area? Thanks again. Paul Retish
Sent from my iPad
Stefanie Bowers
From: Chace Ramey <Ramey.ChaoeWowscityschods.orP
Sem: Tuesday, January 20, 2095 5:46 PM
To: Stefanie Bowers; Harry Olmstead (HarryWalaol.com)
Cc: Kingsley Botchway, Stephen Murley
Subject: ICHRC Letter to Superintendent Murley
Good Evening Stefanie and Harry. I hope that things are well with you. the Superintendent forwarded me the
letter the ICHRC sent to him earlier this winter. We are enthusiastic about the commission's desire to support
the work of the school district, and the points referenced in the letter align with the work of the District's Equity
Committee. I have spoken with Director Botchway, as well as Superintendent Murley, and we agree that this
collaborative effort should flow through our Equity Committee. We are appreciative of your interest in assisting
the District and look forward to you contacting Kingsley and working with our Equity Committee. Thanks and
have a great week. Chace
11R. Chace Ramey
Chief Community Affairs Ofcer /
Chief Human Resources Officer
Iowa City Community School District
319.688.1005
@Ramey_ICCSD
NOTICE: AN email communications to and from the Districts email server are archived In accordance with District policy and procedures. This email
communication, including attachments, contains Information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure
under applicable law. The information Is intended solely for the use of the addressee. If you are not the Mended recipient or believe you received this
communication In error, please reply to the sender Indicating that fad and delete the copy you received. In addition, If you are not the intended recipient or believe
you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank
YOU.
f Outside the White Space `
A study of how race and culture intertwine in our diversifying society.
By TIUCIA ROBE
THE DRAMATIC CHANGES spurred
by the civil rights movement and
other 1960s social upheavals are
often chronicled as a time line of
catalytic legal victories that end-
ed anti -black segregation. Jeff
Changs "Who We Be: The Col-
orization of America" claims that
cultural changes were equally
important in transforming Amer-
ican
merican society, and that both the
legal and cultural forms of deseg-
regation faced a sustained hostile
response that continues today.
According to Chang, the author
WHO WE BE
The Colodi ition of Amerl m
By Jeff Clung
Illustrated. 403 pp
St. Martin's Press $3299
of "Can't Stop Won't Stop: A His-
tory of the Hip -Hop Generation,"
multiculturalism challenged who
aandwbat defined America, going
straight to the heart of who "we"
thought we were and who "we"
aspired to be. Attacks on exclu-
sions by multicultural scholars
and artists were taking place
everywhere. University battles
raged over whether the West-
ern literature canon should con-
tinue to be elevated, or imagined
outside the politics of racial hier-
archies. Artists confronted the
nearly all -white and alt -male elite
tut world. Chang even describes
Coca-Cola's influential 1971 "I'd
like to teach the world to sing"
advertisement as a signal of how
profitable a "harmonious" multi-
cultural marketing plan could be.
But over thenextseveral decades,
all the way through Obama's elec-
tions, powerful counterattacks
were launched, increasingly in
racially oblique language. "Both
sides understood that battles over
culture were high-stakes;' Chang
writes. "The struggle between
restoration and transformation,
retrenchment and change, began
in culture"
"Who We Be" is ambitious in its
scope, an impressive gathering of
a wide range of artists of color,
with their creative interventions
and politically charged war sto-
nngA Rest is the director of the
eenterfur the Study ojRore and
Ethnicity in America at Brown
University and the author of "The
ries. Chang is an artful narrator,
who uses biographical detail,
personal texture and histori-
cal and political context to bring
his stories to life. He highlights
important but unsung heroes
like the 1960s trailblazer Morne
Turner, who struggled to break
into newspapers with his playful
A collection of Mdrrie Tinrner's "Wee
Pais"eotmc strips, 1970.
but politically sharp multiracial
"Wee Pals" comic strip. Chang's
description of Turner's meeting
with Aaron McGruder, the young
botshot creator of the syndicated
strip "The Boondocks," conveys
an entire (taught history of race
through their careers. Turner and
McGruder represent different
historical moments, and yet so
much seemed the same for each
of them. there has been nothing
comic about all the ways they
and other nonwhite artists found
themselves excluded, or forced
into racial corners even as a few
superstars were being mdividu-
ally elevated.
Stories tike these suggest that
multiculturalism was not so
much about demanding a seat at
the existing table (although some
seemed comfortable with that
outcome). Instead, it was really
about the tenacious drive of so
many creative people of color to
fundamentally change the cul-
tures of whiteness that saturated
art, education, marketing and
communications.
Nonetheless, Chang's myriad
portraits - beg for a stronger
overarching narrative than
he provides. While you are
immersed in an ocean of multi-
cultural stories, the details swim
around you like schools of vivid
fish. But after you come up for air,
you have just taken in. What, ul-
timately, do all theseskirmishes
about race, American culture find
mulncultmalism add up to?
In fact, Chang's pages on artists
working la the "postmulbcultural
moment" — the younger genera-
tion the curator Thelma Golden
and the artist Glenn Ligon half -
jokingly called "postblack" — hit
on an unsealing possible future,
one where collective anti -racist
identities could disappear long
before racial discrimination does.
It seems that the political litmus
tests that defined earlier genera-
tions of black, Hispanic and Asian
artists, who necessarily relied
on consolidated racial and eth-
nic identities to break down the
walls of exclusion, are now often
considered pass@ and perhaps
somewhat embarrassing to a
younger generation.
Postmulticultnralists may
bristle at the limitations of iden.
tity politics, but it is not clear that
the hyperindfvidualist, market.
friendly kind of postmuhictdtur-
ahst creativity has actually freed
anyone. And it couldbe that new
kinds of 1®ftations are develop-
ing. The demand to be recognized
as a unique and individual mul-
ticultural artist falls to confront
continuing racialized constraints
and marginalizations, not only
in the art world and mass media
but also on the streets. Given
the stakes, f would have enjoyed
learning more about collective
creative practices designed to
retain a political multicultural-
ism, in contrast to the bevy of
individual artistic visions Chang
presents.
Surely our national fabric is
more racially diverse tbann ever
before, and a few more people
of color have access to powerful
cultural institutions. At the same
time, "Who We Be" left me won-
dering about the resilience of pow-
er. It is possible but not inevitable
that mtriticulturalism will fuel the
creation of an anti -racist and fully
Inclusive society. But It Is also
possible that we could become
the kind of multiracial society that
keeps its darlrersldnned people
at the bottom to provide cultural
raw material to a powerful white
elite that celebrates the diversity
on which it depends. As "Who We
Be" makes clear, there is evidence
for both trajectories, though it
does not take a stand on this ten-
sion It leaves us in mid -battle
with reasons to be both worried
®,.4
CITY OF IOWA CITY
MEMORANDUM
Date: February 6, 2015
To: Mayor and City Council
From: John Yapp, Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
3b(9)
At their February 5, 2015 meeting the Planning & Zoning Commission approved the January 15
minutes with the following recommendation to the City Council:
The Commission moved by a vote of 7-0 to approve REZ14-00023, an application submitted by
Southgate Companies for a rezoning from Interim Development -Research Park (ID -RP) to
Commercial Office (CO -1) zone for approximately 34.21 acres of property located north of
Northgate Drive
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
_X_ Agenda item will be prepared by staff for Council action - Done
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
JANUARY 15, 2015 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks Paula Swygard,
Phoebe Martin, Jodie Theobald, John Thomas
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, John Yapp, Robert Miklo, Kent Ralston
OTHERS PRESENT: Dan Cilek, Marc Moen, Sarah Clark, Rockne Cole, Alan Swanson,
Jim Knapp, Casey Cook, Amanda Van Horne, Ann Christensen,
Mark Nolte, Marc McCullum, Tim Conroy, Pam Michaud, Cecile
Kuenzli, Ethan Diehl, Rudolf Kuenzli, Matthew Fleming, Mary
Bennett, Nancy Bird, John Fogerty, Joyce Summerwill, Amanda
Ward, Joseph Knock, Dick Summerwill, Joe Hughes, Deanna
Furhmeister, Dan Furhmeister
The Commission moved by a vote of 7-0 to approve REZ14-00023, an application submitted by
Southgate Companies for a rezoning from Interim Development -Research Park (ID -RP) to
Commercial Office (CO -1) zone for approximately 34.21 acres of property located north of
Northgate Drive
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none.
Comprehensive Plan Item
A public hearing for discussion of amendments to the Comprehensive Plan for the blocks
generally bounded by Clinton Street, Jefferson Street, Bloomington Street and Dubuque Street
(AKA the North Clinton / Dubuque Street District): and the blocks generally bounded by Gilbert
Street, Burlington Street, Van Buren Street, and Iowa Avenue (AKA the Civic District).
Yapp began discussing the 2013 Comprehensive Plan and that it states identifies two areas, one
located generally east of Gilbert St and north of Burlington St, the other located north of Iowa Ave
Planning and Zoning Commission
January 15, 2015 - Formal
Page 2 of 24
and west of Dubuque St, as areas that were not included in the Downtown Master Plan
or the Central District Plan. The IC2030 Comprehensive Plan states that while both areas
have the potential to redevelop at higher densities both should comply with the policies and goals
of the Central District Plan in order to ensure quality design and appropriate transitions to the areas
that border them. Both of these areas are currently part of the Downtown Planning District (from
the 1997 Comprehensive Plan). Yapp showed a map of the area and defined the two areas in
question. For the purposes of this report, staff has separated the North Clinton I Dubuque District
and the Civic District, and have provided staff recommendations for each district separately.
First is the North Clinton I Dubuque District. The majority of the North Clinton I Dubuque District is
zoned Planned Residential Multi -Family (PRM). It is characterized by multi -family apartments,
former single family homes converted to apartments, religious and other institutions, and other
public uses. With close proximity to the University of Iowa, demand is strong for multi -family
residential as well as institutional and public uses. The purpose of the PRM Zone is to provide for
the development of high density multi -family housing in close proximity to centrally- located
employment, educational and commercial uses. The PRM zone is subject to multi -family
design standards, and allows for both a density bonus and height increase up to 65 feet (5-6
stories) provided certain 'public benefits' are included in the project. These public benefits
include a masonry finish on the exterior of the building, usable open space for the occupants of
the building, rehabilitation of a historic building, provision of assisted housing, streetscape
amenities, additional landscaping and/or windows that have a height 1.5 times greater than their
width.
Yapp pointed out on the south end of the Clinton St / Dubuque St District by Jefferson Street that is
a portion of the Jefferson Street Historic District is represented on the map as Overlay Historic
District (OHD).
Freerks asked Yapp to discuss or explain how the overlay will come into play with this change to
the area.
Yapp stated that the historic overlay will not be affected by the comprehensive plan changes.
Freerks asked how the historic overlay district would be affected by development.
Yapp explained that any demolition of properties, or proposed exterior changes, such as an
addition or change in the exterior of the property, or construction of an accessory building such as
a garage, would need to be reviewed and approved by the Historic Preservation Commission
before a building permit could be issued.
Eastham asked if the OHD limits redevelopment height? Can a two-story building in an OHD be
replaced by a five -story building?
Yapp stated that it would depend on two different things. One the underlying zoning, and what that
zoning would allow in terms of height, and two it would need to be approved by the Historic
Preservation Commission.
Yapp continued his presentation showing a map of the land uses. The North Clinton / Dubuque St
District has many land uses, private institutions (religious), multi -family uses, mixed-use buildings
consisting of both residential and commercial or offices, and there is also an office use and single-
Planning and Zoning Commission
January 15, 2015 - Formal
Page 3 of 24
family or duplex uses in this district as well. Yapp showed photos of the area to show the variety of
the land uses.
Yapp moved on to describe the Civic District, The Civic District, so named due to the
municipal/public uses in the district, is a mixed-use area in that it contains a variety of uses.
Besides municipal uses, it contains multi -family, commercial, and institutional uses. Historically
the three municipal blocks (bounded by Gilbert St, Iowa Ave, Van Buren St and Burlington St)
have been identified as municipal campus blocks. These blocks contain City Hal!, Fire and
Police stations, the Recreation Center, Swan Parking Facility, and Chauncey Swan Park. The
zoning of this area is also a mix, the municipal blocks are zoned public, for the most part with
portions of them zoned CB5 for non-public uses. The east side of Van Buren St and the north side
of Iowa Ave are zoned CB -2 and CB -5, which are central business support classifications. The
land uses in the Civic district are public uses, and a mixture of office, commercial, and mixed-use
land uses
Yapp explained that they received public comment on the Ralston Creek Corridor, and he believes
the Ralston Creek Corridor represents an opportunity for the area. He showed images of the area
and stated that some of the comments were to clean up some of the invasive species in the
corridor, make Ralston Creek more accessible, and provide trail and/or way -side parks along the
creek corridor. Additionally much of the public comment was related to historic buildings, and he
showed on the images the designated historic landmarks at 130 E. Jefferson Street and 30 N.
Clinton Street. There are also several potential historic buildings in both the areas discussed this
evening, 10 S. Gilbert Street, 410 & 422 Iowa Avenue, and 109 E. Market Street.
Yapp began discussing the staff recommendation for the Central District Plan and stated that staff
proposes adding the North Clinton I Dubuque St District to the Central District Plan map with
land use categories consistent with the rest of the Central Planning District. Staff
recommends the remainder of the Civic District, outside of the three municipal blocks, be added to
the Central District Plan and identified as mixed-use (These properties are already identified as
'mixed-use' in the larger Comprehensive Plan land use map). This proposal will fit in with existing
polices and goals in the Central District Plan which include:
• Goal #1: Promote the Central District as an attractive place to live by encouraging
reinvestment in residential properties throughout the district and by supporting new housing
opportunities.
• Goal #1(d): Support the goals and objectives proposed in the Historic Preservation Plan.
• Goal #2(d): In higher density multi -family zones, ensure that adequate infrastructure and
open space is provided to create a livable environment for residents.
• Goal #3(c): Implement targeted code enforcement for areas that receive a higher level of
complaints regarding zoning code violations, snow and weed removal, and trash control
that affect neighborhood quality of life
Selected Existing Transportation Goals — Central District Plan
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• Goal #1: Balance traffic circulation needs, preserve neighborhood character, and public
safety issues.
• Goal #1(b): When planning for street improvements, give consideration to all modes of
transportation, including walking, bicycling, and driving. Balance these needs with
desirability of on -street parking and street trees.
• Goal #3: Develop a plan to formalize safe bicycle and pedestrian connections between
the major destinations in the district, including downtown Iowa City, neighborhood
commercial areas, the UI campus, parks and elementary and secondary schools.
• Goal #3(d): Continue to explore options such as high -visibility crosswalks to improve
pedestrian crossings where major pedestrian routes intersect with arteria! Streets
• Goal #4: Encourage development of businesses, institutions, and public entities that provide
goods, services, and amenities that support healthy neighborhoods.
• Goal #4(a): Encourage a diverse range of businesses that provide essential services to the
Downtown area -grocery, clothing, household items, etc.
• Goal #4(b): Encourage investment and reinvestment in existing commercial areas that
provide goods and services for Central District neighborhoods.
• Goal #5(a): Install pedestrian lighting where needed to create safe travel corridors for
pedestrians.
• Goal #5(c): Provide for walkable/bikable routes to and through commercial areas.
Selected Existing Transportation Goal — Central District Plan
• Goal #3(e): Explore the viability of alternative routes for bikes and pedestrians along Ralston
Creek, recognizing the difficulties posed by private ownership of the creek, access, and
flooding.
Selected Existing Open Space Goals —Central District Plan
• Goal #3: Improve the amenities offered in existing parks or other open spaces
• Goal #5(a): Develop plans for improving visual and physical access to Ralston Creek and for
restoration of the stream along both public and privately owned sections of the creek.
Yapp explained that some of the input they received they could not find a goal or policy in the
existing district plan, so as part of putting these areas into the Central District Plan staff
recommends three additional goals:
• Housing Goal #1(h): Review the Multi Family Design standards to ensure they meet the
goal of attractive streetscapes in gateway corridors without overly discouraging redevelopment.
• Transportation Goal #3 (k): Invest in the streetscapes of Dubuque St and Clinton St to
highlight their function as gateways to downtown Iowa City and the University of Iowa east
campus.
• Transportation Goal #3(h): As Dubuque St, Clinton St and other area streets are
redesigned/reconstructed incorporate complete streets principals into their design
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Yapp reconfirmed that this is the recommendation for the Central District Plan.
Freerks asked Yapp to discuss and explain how this plan is different and used different than the
Civic use map. She pointed out it appears there are additional properties.
Yapp explained that when they reviewed the existing boundaries of the central district use map,
there were slight inconsistencies with what was in the comprehensive plan. He pointed out the
area that is being recommended to add to the Central District Plan, and the rest is already in the
Central District Plan.
Yapp discussed the remainder of the Civic District, the three municipal blocks, those are part of the
old downtown planning district, in the 1997 Comprehensive Plan. Yapp explained staff is
recommending these three blocks be added to the Downtown and Riverfront Crossings area and
will be subject to some of policies and goals of the Downtown and Riverfront Crossings Master
Plan:
• New development should be located on sites that do not contain historic buildings.
• Active uses, such as ground floor retail (and not blank walls) should front onto the street
frontages and the City Plaza.
• Upper floors should contain office, commercial, and residential uses.
• Buildings should be built to the property line.
• Corner locations should be reserved for taller buildings, creating a block structure with taller
buildings on the comers and lower scale historic buildings between them.
• The taller buildings on the corners should have a lower base consistent with [any] adjacent
historic buildings to make them 'feel' contextual with the rest of downtown, while also
limiting the perceived height of towers.
• Parking should be located both on -street and behind storefronts in parking structures
Eastham questioned the recommendation that new developments not be located on historic
properties, and asked if there was a sequence to the staff's planning process, stating that specific
consideration cannot be given to historic properties, if they do not know what the historic properties
are. Yapp replied that it is for the properties that are already designated as historic or if designated
in the future through the historic landmark designation process.
Yapp continue on and gave the staff recommendation for the three municipal blocks in the Civic
District are:
1. Staff recommends the three municipal blocks, bounded by Iowa Ave, Gilbert St,
Burlington St, and Van Buren St remain in the Downtown Planning District and be added
to the Downtown District of the Riverfront Crossings and Downtown Master Plan as an
addendum, as shown on Exhibit B.
2. Staff recommends the Downtown and Riverfront Crossings Land Use Map be amended
to include the three municipal blocks shown as a mix of 'Civic' and 'Mixed Use' and be
added to the Downtown and Riverfront Crossings Master Plan as an addendum, as
shown on Exhibit C.
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3. Staff recommends the remainder of the Civic District, north of Iowa Ave and east of Van
Buren St, be added to the Central District Plan and shown as 'Mixed Use' as shown on
Exhibit A.
Eastham asked if "Mixed Use" in this area would have the same meaning as the rest of the
Comprehensive Plan, as in the Central District. Yapp explained that yes "Mixed Use" means
buildings that have a variety of uses, including residential and/or commercial or office uses.
Freerks questioned why in the Civic Land Use Map Ralston Creek was not used as more of a
barrier and kind of a dividing area, and instead have the boundary in the middle of block. Swygard
agreed that there is a question in the area between the Civic District and the east side of Van
Buren Street. Freerks confirmed that the entire area is confusing, multiple districts, multiple
overlays, and bringing the Riverfront Crossings area over to this area, and giving a designation to
an area that has in the past been a "no man's land". Her feeling is that doing this movement within
districts is kind of a "up zoning".
Yapp explained that it is a comprehensive plan land use map redesign, but it could result in re-
zoning actions or be a basis for rezoning actions in the future. He reiterated that staff
recommended that the three municipal blocks be part of the Downtown District for the reasons they
are higher intensity in use, they are served by major arterial streets, and they are served by a
parking structure. Therefore the remainder of the area, north of Iowa Avenue and East of Van
Buren St they recommend being part of the Central District due to the types of uses of the
buildings, the intensity of the uses, are more in keeping with the Central District policies and goals.
Freerks commented that in the past there has been public comment on keeping transitions from
areas to areas, and she doesn't think this district has enough transition.
Hektoen stated that the boundary of the Central District already includes the home to the east.
Yapp confirmed that only the three municipal blocks would be going into the Riverfront
Crossings/Downtown area.
Eastham also questioned how the staff recommendations build the concept of transitions both in
the concepts, height and building design, characteristics, etc. from one side of the transition are to
the other. Yapp stated that consideration was given, with Ralston Creek there is a topographic
transition east and west of the creek, and also in the zoning as east of Van Buren St. it is CB -2 and
CB -5 zoning and then to the east transitions to multi -family zoning, then further east transitions to
the College Green Historic District. Also the recommended land use map indicates mixed use
designation east of Van Buren and north of Iowa Avenue, which then transitions to residential land
use designation, so there is mixed use and multi -family between the downtown and residential
areas.
Eastham believes that the staff recommendation actually extends CB -10 zoning across Gilbert
Street into those three blocks of civic uses. Yapp stated it could be CB -5 there as well, however
Thomas pointed out there is no CB -5 zoning in the Downtown District.
Freerks asked staff to explain what the area east of the Civic District is. Hektoen said that was the
Central District, and the staff recommendation is to add the area of the Civic District, with the
exception of the three municipal blocks from the Civic District into the Central District.
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Thomas asked if the Northside Market Place was in the Central District and Yapp confirmed that it
was.
Freerks opened public hearing.
Dan Cilek (Oakland Avenue) works for Meta Communications Company and they recently moved
offices from South Gilbert St to the Downtown District, and stated he does support the proposed
recommendation due to the effect it is having on his business. He really hopes to see trails built
along Ralston Creek and to have more recreational area around the creek. Cilek hears from his
staff that they want to live in housing near the downtown area to be close to work and other
businesses.
Marc Moen, commented about the Civic District, having focused on the area for many years, and
made investments in the area, and the area that was once reserved for City Campus would now be
considered for development. On that consideration, his company retained design and landscape
experts to look at the possibilities of the area, most specifically the corner of College Street and
Gilbert Street. After a couple years of research on what that area could be, and sustain, it seemed
logical it would be part of the Central Business District. Having this area included in the
Downtown/Riverfront Crossings Plan will be great for this building, and Moen supports this
proposal. He stated it is critical to move forward to sustain Iowa City, but also critical to maintain
the historic buildings and areas which is a crucial part of the fabric of downtown. This proposal
allows the City to move forward and attract the best and the brightest of people and businesses in
Iowa City, and allows businesses to recruit which is very important. Adding mixed use buildings to
the area will only expand the area, the alternative is to take buildings down, which would lose the
integrity of the fabric of the downtown area. Moen reiterated he supports the recommendation to
Council to allow mixed use buildings in this area and feels it will be an advantage to both the
College Green area and the downtown.
Sarah Clark (Brown Street) distributed copies to each commissioner a letter signed by 21 folks who
live in the north side and Goosetown neighborhoods. The letter states: As longtime residents of
closest to downtown Iowa City, we are writing to share our concerns about the proposed
Comprehensive Plan amendments to be discussed at the Planning and Zoning Commission's
Public Hearing to be held of January 15, 2015. While we are in general agreement with City Staff
recommendations, to add the North Clinton/Dubuque Street district to the Central District we are
troubled by the proposed addition Civic District to the Downtown District of the Riverfront
Crossings/Downtown Master Plan. Our concerns are these. We believe it is critically important to
prevent the abrupt and unsightly transition between the high-rise structures allowable in certain
Downtown/Riverfront Crossings Districts and their low-rise and largely historic neighbors. One can
imagine for example the Civic District one day being populated with shoulder to shoulder 15 story
apartments or condos towering over and destroying the views from College Green Park and the
near north side. We would thus advocate the requirements of more appropriate transition zones
between districts as recommended in the City's Comprehensive Plan. Instead of adding to the
Downtown District, the Civic District presents an ideal opportunity to create a distinctive mixed-use
area on the near -east side just as north -side market place has its own distinctive character and
that would further strengthen the Comprehensive Plan's emphasis on appropriate transitions
between districts. Cities need diversity and Iowa City is deficient in walkable commercial districts.
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Finally, we strongly encourage the development of more diverse and affordable housing options
within both the Downtown/Riverfront Crossing and Central Districts for populations other than
college students. We are thinking retirees, working professionals, young families. And further, that
such options incorporate a multitude of housing types, from single-family homes, as promoted by
the admirable UniverCity Program, to mid -rises, duplexes, low-rise townhouses, apartments and
even pocket neighborhoods. Expanding the Downtown District without additional discussion and
possible zoning adjustments would erase these valuable and fleeting opportunities to enhance the
quality and livability of Iowa City's unique downtown and surrounding districts. As Joni Mitchell
(and I'm showing our age here) so famously sang "You don't know what you've got until it's gone".
We urge the City to reconsider the addition of the Civic District into the Downtown/Riverfront
Crossings District and instead, within the Central District require more appropriate transitions
zones, encourage more mixed use area zones, and incentify more affordable housing options for
all.
Rockne Cole (1607 East Court Street) is speaking as co-chair of the Iowa Coalition Against the
Shadow and as a concerned citizen related to this project. We oppose adding the three blocks
contained in the Civic District to the Downtown/Riverfront Crossings District Master Plan. This
Commission should defer this decision until the Commission can come up with a plan specifically
tailored to the unique aspects of this area. Colel believes the key thing to emphasize here is they
have some incredibly articulate logical members of this community on both sides. He is quite
confident regardless of which argument the Commission hears tonight, they will not be able to
determine whether this is a downtown area or a neighborhood area. And the reason is because it
has aspects of both. On the one hand, you are essentially within one block from the College
Green Park. On the other hand, you look to the west of that and you are two blocks down to the
downtown and it's precisely because that no side is going to be able to tell you definitely whether
it's purely downtown or purely a neighborhood. That is what makes it a transitional area. As far as
he can tell by the comments made tonight by Mr. Yapp, what he is identifying as a transitional zone
is essentially to the east of Ralston Creek to College Green Park. So basically a half a block
protection. The reality is, it's true Mr. Moen has put in a lot of time effort, but the City should have
had this conversation four years ago before it put out the request for proposal for that area. The
reality is now there is a proposal that has polarized the community. Cole believes the greatest
irony here is as we look forward, how do we save the downtown, and how do we save our
neighborhoods. The proposal tonight is destabilizing the neighborhood, it's destabilizing the long-
term residents that are there. I know each and every resident that resides along the west side of
College Green Park, every single one of them is opposed to this project, this zoning designation.
The Trinity Church has spoken as a church and while it's not confirmed, a substantial number of
the members are opposed to this designation. And so because, and when you have a designation
where there are two sides of the community, operating in good faith, both passionately believing in
the purpose of what they believe in, that is precisely when this commission should step back, allow
additional time, delay this process, and reopen so we can get something uniquely tailored for this
area. Cole stated he is quite confident that if allowed, and the multitude got their ability to
participate, the result would be something less controversial. Everyone agrees it needs to be
developed, everyone agrees it needs to be mixed use, the question is, are we going to essentially
have an intense use building within a block of a historic neighborhood. Cole is asking the
Commission to defer, and one final comment some of the downtown developments have been
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good, but the reality is they are downtown, and moving into the transitional zone will just create
more conversations of the same in years to come.
Alan Swanson (Blank & McCune Real Estate). His business is in the Civic District, or very close to
it. He thinks moving the Civic District into the Riverfront Crossings area is a stroke of genius. It is
something that looks to the future, and should not be waited on, not only are there young people
who want to live downtown, many people of all ages from all over the country are looking to live in
downtown Iowa City to be close to everything going on as possible. This would be a way to have
higher density for people to live here beyond the students. Young professionals and retirees will
live there and use all the things that are coming to Iowa City more and more and it's a time to move
forward for Iowa City. Swanson stated he sees Iowa City as an international city, and while there
may be a few tall buildings, they are not and will not be side by side, there will be some discretion
where they are put.
Jim Knapp stated there was an area in the Central Business District that appears to be absent and
that is the corner of Clinton and Burlington, and the northeast side of that. There is a privately
owned parking lot there now, but supposedly there are no legally owned privately run parking lots
within the City of Iowa City, but this has been allowed by special agreement. This lot is large
enough to house a city parking structure, and is competing against the already existing City
parking lots. Knapp questioned why it is allowed to have a privately owned parking lot there. This
would be an area perfect in the Central Business District perfect for a tall building, rather than in an
area where it will be a shadow on a church and part of the rest of Iowa City. Knapp feels that high-
rise buildings should not be on the edge of the district where there are parks and residential areas.
Casey Cook (1 Oakpark Court) stated planners are like hockey players, the most successful ones
anticipate where the puck is going to be. You are looking at the big picture, the Comp Plan reflects
this perspective. It also considers the big picture, the community at large. Cook stated what he
liked about this plan, he feels this plan continues the City's commitment to compact incontiguous
development as a critical element in a community that works. This plan supports and enhances an
investment in the Central Business District, it is the heart of the community, and we need to build
on that success. Cook stated the City should continue to nurture a trail and pathway system the
knits our community together and passively contains stormwater and emits flooding. An efficient
community can be humane as well as gentle on the environment. We should continue to compete
effectively with the communities around us, and capitalize on our resources as a critical aspect of
good stewardship. We are all part of a large and complex community, a community of
communities in fact, and he encourages the Commission to bring manifold considerations into their
deliberations. Cook then stated his concerns about the plan, as well as additional questions for the
Commission to think about. Is there some coordination between the planning policy and the
concerns of the finance department? Specifically what is the impact on revenues from recent
changes imposed by the state, that now assess partial commercial properties, mixed use, at
residential rates. Basically half their value. What are the consequences of the rollback on multi-
family assessments on City, County and School revenues? How committed do you believe the
state is to backfill these lost revenues and for how long? And how does it affect your planning? If
the City continues to trade restrictive zoning for tax benefit dollars, at what point are you willing to
reduce support for the Senior Center? At what point do you cut support for the Summer of Arts, or
Jazzfest? At what point are you prepared to cut support for human services? Can the City afford
to jeopardize their support of the library? These are the kinds of considerations Cook believes
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needs to come into the process, he feels the people in this room are asking important questions,
wanting to know where historic preservation fits it, the priorities in the planning process, the quality
of design and architecture. Cook stated as a six-year member of the Planning Commission, and a
commercial real estate appraiser with a 30 year history in Iowa City, with a master's degree in
urban planning from The University of Iowa, he shares the concerns. While design, architecture
and historic preservation are important parts of the process, the Comp Plan needs to be a lot more.
Amanda Van Horne (1722 Ridgeway Drive) is before the Commission as an elected representative
of Trinity Episcopal Church. Van Horne stated that Trinity Episcopal Church is a Iowa City
institution that has been on that corner since 1871. The church has been against the Chauncey
development and can make the same arguments tonight because changing the Comprehensive
Plan allows that development to proceed. She could argue that high-rise buildings impinge on the
light of their neighbors, that buildings over 10 stories are not cost-effective to build, and that these
costs are passed along to their tenants, making it impossible for affordable housing, that density
alone does not make for environmental sustainability, and the use of a TIF for this sort of building
hinders tax payers dollars without realizing a significant community benefit in return. But the
question of the Chauncey is not before the Commission today, what is before the Commission
today is changes to the Comprehensive Plan. Many of the arguments about the Chauncey is that
it is inconsistent with the Comprehensive Plan, and with these changes that alter the default
zoning, that would no longer be the case. The Comprehensive Plan shares a vision seen amongst
a diversity of the community on how land is used to serve the good of all. What is that vision for
Iowa City? How is the manner in which we use land and other resources affect the community? A
city gains its character from the relationships between businesses, cultural institution, government
and individual citizens and visitors. Churches are in the category of private cultural institutions.
Among their unique contributions to a city's character is their ability to draw people together across
boundaries of age, economic status, and personal interests. Secular public stations offer similar
opportunities for people to come together. We've chosen neighborhoods, occupations, and
neighborhoods, based on generation, economical, and other characteristics. Van Horne notes that
the Central District and Riverfront Crossings Master Plan as it was presented today, does not
support the continuation of these private sources. Van Horne represents Trinity Episcopal Church
because they believe the changes that will come from this Comprehensive Plan will harm churches
and infringe on spaces that allow for public discourse in the city. Trinity and other downtown
churches operate seven days a week, hosting group meetings, social events, and art
performances in addition to offering spiritual care for their members. Chauncey Swan Park serves
as a spontaneous town square, hosting the farmer's market, food trucks, protests and other
political speech. Incorporating this entire area into the Downtown Planning District makes it
possible for tall buildings to be built in multiple locations. A tall building that towers over the nearby
park and other buildings, eclipsing them from sunlight throughout the day, will be detrimental to the
character of the public spaces, and will have a chilling effect, literally, on the park. A tall building,
who's users monopolize the parking garage because the building itself does not supply significant
parking, will place a particular burden on nearby churches and other community organizations like
the recreation center and farmer's market creating a barrier to participation in these areas for those
that cannot easily walk and ultimately effecting their growth and mission potential and restricting
participation. The church views this as an improachment on their historic space. The
contributions of Trinity and other Iowa City churches to the community is significant. Trinity has
provided space to The University of Iowa jazz department, since their offices and classroom
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spaces were destroyed by the 2008 flood. Trinity provides volunteer labor and publicity for the
annual shelter house book sale, has been an overflow location for the program, and it provided
leadership for the Agave Cafe. Downtown churches are united in efforts to provide free lunch, EIP,
and annual school supply and outwear drives. All of this is work that flows from our community in
the downtown area, and would not take place if the church was located in another space.
Churches are an untapped resource of volunteers and social services, churches makes friends of
strangers, even if that stranger doesn't attend that community of faith, an in a civic culture that
favors for-profit entities the contributions of faith communities will remain unacknowledged until
pressures placed on them, such as the changes proposed by this Comprehensive Plan, impair
their ability to do their work. At that time, the extent to which they contribute to the City's quality of
life, will become readily apparent in its absence. If this change to the Comprehensive Plan goes
forward, if the zoning is changed to allow the Chauncey to be built, Van Horne believes Trinity will
follow the lead of First Christian Church, St. Patrick's, and perhaps the Unitarian Church, and leave
the downtown area. The community will be the poorer for it, many of Iowa City's faith communities
are among their oldest, they've had an integral part in knitting together its fabric, and making it
what it is today. What would a community be like without any of its faith organizations? What will
be lost if these faith communities disappear from downtown? What holes would there be in our
everyday life? Van Horne challenges the Commission to consider how these proposed changes
will be realized, and indeed much of that vision has already been articulated by the City, but to
think of who will be unintentionally harmed, and urges the Commission to vote against the changes
to the Civic District Plan.
Ann Christensen (827 Dearborn Street) read to the Commission a passage from a book by Bill
Brycen, who is an Iowa native, grew up in Des Moines, but spent most of his adult life England. He
writes about growing up in Des Moines, and highly recommends his books, they are non-fiction,
historic books, with a lot of width to them. At one point when he was living in England, he's
married to an English woman, they were moving back to America for few years, he decided to take
a walking tour of England, and he critique the various towns and cities he walked through, and he
was very critical in much of what was done in the name of urban development, in the name of
progress. And in Manchester, his comment was, he talked about what he considered two very ugly
buildings, and then he said "but let me also say that neither is as bad as the Maples Building, that
rises like some kind of half-witted practical joke, a dozen or so stories into the air in the middle of a
long street of unguinous Victorian structures. Now how did that happen, he asked". If this high-
rise building is permitted on that corner, the Chauncey, Christensen is going to write to Brycen and
explain to him exactly how this happens, and how we end up with a blithe in our community. That
tall of a structure does not belong on that corner, and there are a lot of other places around town
that it could go.
Mark Nolte (lives on the west side of town) has been a resident of Iowa City since 1993 and moved
here from a community that continues to shrink, because there is apathy. What is so great about
this community, there are people are both sides of this issue, but as Nolte represents the
community as his job is to attract people and businesses to come to this community, and that we
are at a very unique point in history. The City needs to think about how they are going to sustain
and grow the tax base, what people are looking for now is density, to live in areas that are fun and
healthy and vibrant and they don't need a car. Nolte stated he supports historical preservation but
also acknowledges we need more density, more office spaces (office vacancy rates are near zero).
Nolte hears from companies all the time that would like to come to Iowa City but there is not
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sufficient office property downtown for them. Additionally any housing that can be added that fits
the design and ethos of the community he supports, stating there needs to be more done for
affordable housing, and some of those elements have been addressed in the Chauncey
development. Nolte stated his support of the staff's recommendation, believing it is something
Iowa City needs. Although he is not a parishioner of the church, nor lives on Iowa Avenue so he
is not personally affected and is sensitive to those who are, however long term the City needs to be
thinking about how they can grow, and move forward sustainable. Nolte stated height should not
be the issue, as long as there is good design and good architecture, it can be a nice addition to the
community (gave the example of Grant Park in New York City, surrounded by very high buildings).
Marc McCullum (13 South Johnson), just purchased this property about a year and a half ago,
even after the development issues had arisen, but still wanted to be in this neighborhood. On the
east side view of his building he has wonderful views of the park, and on the west side of the
building he has wonderful views of a direct skyline view of downtown Iowa City. McCullum
supports density and development, but is afraid of, is by having this move in the Central Planning
District, there are design guidelines, in the Downtown District there are no design guidelines.
McCullum finds that visitors to Iowa City like the areas such as Clinton Street, the lower -rise
buildings. The Washington Plaza Building is built to CB -5 and it doesn't feel like there is a
transition from that building to the residential areas. That building followed the Central Planning
District guidelines, and that same developer is building a wonderful building up on Linn Street.
McCullum feels that if the Commission adopts this plan, while there might be provisions to protect
historic structures, there are no guarantees, as seen from other areas in the Riverfront Crossings
District. If this proposal goes forward, he believes the area will lose the church, the youth homes,
every property owner is re-evaluating their property situation.
Tim Conroy (1410 Foster Road) questioned why this area wasn't originally considered when the
Riverfront Crossings District was first discussed in the Comprehensive Plan. The area in question
seems to be one of the most organic organizing meeting areas for Iowa City residents, such as
farmer's market, Rummage in the Ramp, and the Rec Center. All of these are amazing public
gatherings and to bring it into the Comprehensive Plan, is a good thing. The question is if the area
should go beyond Ralston Creek, which would serve as a natural divide, as Commission Freerks
brought up. Conroy doesn't feel a bunch of tall buildings will go up if the Civic Area is pulled into
the Downtown/Riverfront Crossings area because a lot of the land in question is owned by the City.
He agrees with pushing the boundaries a little to include more businesses into the Downtown
District. There are several businesses east of Ralston Creek that would like to be in the Downtown
District. Conroy does not discount the fears and feelings of the residents of the College Green
Park area, but that will not be included in this proposal. The project looming in everybody's mind,
the Chauncey, is another discussion.
Pam Michaud (111 South Johnson) stated she has lived in her house for 24 years and has seen
four Victorian houses destroyed right behind her home to be replaced by a block long, ungraceful,
four story building for undergraduates. 120 bedrooms were added to the neighborhood in a year.
That was zoned CB -2, limit of 45 feet high. Michaud can see keeping the Gilbert Street area CB -5
because it is stepping down from CB -10. Michaud stated that terms like Central District and
Comprehensive Plan are euphuisms for "taking over". A transition zone to a historic area is not two
buildings. It's hardly even two blocks. It is ludicrous to say there is a transition zone when
buildings of any height will be built right up to the historic neighborhood. Michaud stated that as
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seen in major cities in America and abroad, historic areas make a difference, and Iowa Avenue will
not be the same without the Unitarian Church and the two Victorian houses. Being part of a
historic district is an honor, and stated there is a need for transitional zones. Michaud also stated
that developers of large buildings, that will allow residents to have dogs, should be required to also
provide a dog park for the residents. That would be structuring in green space. She also stated
that she believes Iowa City will soon have an overabundance of hotels and more and more people
are wanting to stay at B&B's so hotel prices need to drop to compete. In closing, Michael
reiterated that massive block long buildings do not belong adjacent to historic Victorian homes.
Cecile Kuenzli (705 S. Summit Street) is asking the Commission to not fold the Civic District into
the Riverfront Crossings District because if it is done, there will be no transitional zone between the
high-rises and the residential areas east of Van Buren Street. Mr. Yapp acknowledged that when
asked, and stated there would only be a half a block of transition. Well, half a block does not
constitute a transitional area. Additionally a lot has been said this evening from the developers and
real estate community on how attracted young people will be in the future to this new development.
Kuenzli stated that everyone needs to remember during the public hearing for the Chauncey the
young people came out in force to oppose that project because what they liked about Iowa City
was the old areas and the "funky" parts of Iowa City and made a point to state they don't take
visitors to see high-rise structures, rather they take people to see places like The Mill, The Haunted
Bookshop, The Hamburger Inn, The Soap Opera, New Pioneer, and such. Some of those
businesses have already disappeared and she urges the Commission to save what is left and the
transitional areas.
Ethan Diehl (201 E Washington St) and grew up in Iowa City since his family moved here in 1975,
moving away to attend college and then later live in Austin Texas for 16 years. He moved back to
Iowa City and specifically to live in the 201 E Washington Street building, Marc Moen's building
downtown. He chose to move back to Iowa City for the small town charm, as well as the
international flavor of the Writer's Workshop. He remembers when an Iowa City that was opposed
to the Ped Mall in 1977, and then again opposition to the Hotel Vetro, and opposed to a number of
beautiful projects in the downtown area. If the Council is interested in young people coming back
to Iowa City, which is a good thing considering how good the public schools are, they should be in
favor of projects like this and this new development.
Rudolf Kuenzli (705 S. Summit Street) had many questions when listening to Mr. Yapp give his
presentation. There seems to be terms used, such as Central Business District, and trying to fold
the three municipal blocks into the Central Business District. (Yapp confirmed that the three
municipal blocks would be folded into the Downtown District.) Kuenzli stated that there is always
consequences in zoning, because the Central Business District has been designated for density,
high-rise buildings as has the Riverfront Crossings. Kuenzli agrees with the staff that the Riverfront
Crossings will be the future of Iowa City, there are so many plans and projects in the works.
Having lived in Iowa City for 45 years, coming during the middle of downtown urban renewal, and
since then, until now, he has not seen so much planning and so many projects. Kuenzli is trying to
suggest to put the emphasis of the Central Business District into the Riverfront Crossings and try to
keep Gilbert Street, due to its proximately to the east side historic district, as the beginning of a
transitional area.
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Matthew Fleming presented an anecdote in support of the proposed changes. A year and a half
ago he was offered a position at Mercy Hospital and when his wife and he considered moving to
Iowa City, if the mixed use structures that exist in downtown Iowa City were not here, they likely
would not have come to this great community. So as a somewhat young professional, he believes
Iowa City needs more of structures developed in Iowa City and they will attract younger people.
Mary Bennett (1107 Muscatine Ave) is very concerned about the College Street Park and as the
oldest park in the town it is not being shown its due respect. She had listened to the many hours of
debate on the Chauncey building project, it is appears that this proposal it to retro fit some of the
plans in an effort to accommodate more growth in the city. Bennett stated her concern about how
this will impact the Civic area, being an avid user of the rec center she enjoys coming out of that
building and looking at the sky and enjoy the space around Ralston Creek. The Civic buildings
were designed 50 years ago with the skyline in mind and keeping the views unobstructed to show
respect to the neighborhoods. These two buildings are part of the historic Iowa City and could be
nominated for the National Registry at some point. While these are city -owned properties right
now, that can change in the future, and new structures could get built. Will the City build a high-
rise building for their offices? If the City continues to grow, there will be a premium on the city -
owned land. Bennett believes the downtown area has already grown out of control, and does not
need to improach onto the neighborhoods to the east. It is ironic that 175 years ago Chauncey
Swan himself came to this area and stood on the land where Old Capital was built, and wrote
about how beautiful it was and how appropriate of a location to have a city in this location. He
commissioned the drawing of the first map of Iowa City that designated very prominently areas for
churches near the immediate downtown area. Areas for schools, in the immediate downtown area,
where are those schools now? Where are those churches now? He talked about promenades and
green spaces, even in 1839. Why isn't there green spaces surrounding Ralston Creek, why don't
we imagine a beautiful farmer's market under a canopy right next to the creek, instead of
underneath a parking ramp. Bennett feels the City needs a broader imagination in looking at how
our community is going of grow. The tax base will grow alone with all the development and high-
rises in the Riverfront Crossings area, and feels there needs to be stop to the erasing of the past
throughout the City. If the City approves drawing the boundary line for the Downtown District half-
way up to Johnson Street, how long after will it be that more multi -family structures will be built in
the area. This proposal tonight does start a trajectory that will be very harmful. Additionally
Bennett works at the State Historic Society of Iowa, the 400 block of Iowa Avenue was once all
nice mansions, on the north side, and on the other side very nice four square farm houses.
Bennett encourages the Commission and the City to slow down, get the correct boundaries set,
and focus on the needs of the community.
Nancy Bird, the executive director of the Iowa City Downtown District, and has had the pleasure of
being introduced to Iowa City over the past couple of years. Their board has discussed many
times what the boundaries of downtown Iowa City are. She has been listening carefully of when
people talk about downtown, what they think downtown is, the various constituent areas, and to
support the businesses of the downtown area. So for those who don't know, the boundary of the
Downtown District is from Burlington Street up to Bloomington Street, including the north side
neighborhood, and then from Gilbert Street to Clinton Street. In essence they have three
neighborhoods in the downtown area, the Old Capitol Center, the downtown and the north side.
What strikes Bird about the proposal tonight, which she supports, and her board supports, the
community at large, these boundaries are on a map in a book, and people don't know where they
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are. There are natural boundaries such as Ralston Creek, and other boundaries such as parking
structures. One of the things her board is trying to do is listen to the property owners and citizens
discuss historic buildings and there is a lot of passion around these buildings. Some are in need of
repair and reinvestment and in order to do that the City has to be careful about new growth around
these areas, recognizing one of the best things you can do to maintain a sustainable area is make
sure you have density in the core, and believes in keeping the density downtown. Bird stated in
her career of working with municipals, it is imperative that every five years they look at their
Comprehensive Plans due to technology changes, market shifts, and climate shifts. One of the
challenges of her job is not having enough spaces to put interested people, the vacancy rate is
less than 2% and there a lot of people are invested in this community and being able to have some
flexibility east of Gilbert Street will give the City the space that may be needed in the future for
growth while saving historic areas as well. Therefore Bird gives here support to this proposal.
Freerks asked Bird if her association has had much discussion on historic districts.
Bird replied that yes, they have talked about historic properties. And with the guidelines
established, she has been working with City staff on making them more stringent so there is
predictability of what can be done to avoid controversy. Predictability is very important.
Freerks stated there is very little protection in that area right now.
John Fogerty, one of the co-chairs of the Iowa Coalition Against the Shadow, spoke to the
Commission about compromise, feeling Ms. Bird was the only speaker so far this evening that
supported the proposal but saw the need for compromise on the properties east of Gilbert Street.
Fogerty believes this whole proposals is because of Mr. Moen's project, if his project was in the
already CB -10 zone, or Riverfront Crossings, and there wouldn't be a need for this conversation.
Fogetry stressed to the Commission to think if there are other options for bringing all these young
people back to Iowa City. There is plenty of space south of Burlington Street. He believes that yes
there are options for these three blocks that would bring in revenue for the City and allow for the
appropriate transition to the College Green District and allow for some mixed use development.
He implores the Commission to think about the effects of this proposal years down the road and
the impact it may have on the Victorians in the neighborhood. He feels they should look at other
options, and is in support of emphasizing the Riverfront Crossings area and south of Burlington.
Joyce Summerwill stated she is a retiree who recently moved downtown, and did so because they
wanted to. They had lived in a very nice neighborhood in Iowa City, having lived here for over 50
years, and what she has seen Iowa City become is many thanks to the folks that serve on
commissions and who serve in the City and have made the City better to live in. The purpose for
everyone tonight is because they all feel passionate about their views, whatever they are, but from
her perspective that living downtown with a variety of people, with the wonderful churches, with the
wonderful parks, with the services, with the variety of people, this is what attracts people to Iowa
City. Change is going to happen no matter what anyone wants to do to stop it. The best thing to
do is to manage the change that comes with good thinking, good planning, good design, good
usage, and from her perspective in Iowa City currently, the best use of land. She believes vertical
development, planned accordingly with good design, is the only way to secure good
neighborhoods that are already in Iowa City. It has sadden her over the years to see what
apartment complexes that have gone up in the neighborhoods, the so called sprawl, probably
necessary because students needed a place to live. But now we are even seeing the University
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endorsing higher buildings, so she believes the question of whether we like or don't like vertical
buildings, is not the question. We have to think as planners and as future people who may want to
live here, what you want your city to be, and we want all of these components to be a part. She
feels the plan the City has outlined is a good use for growth.
Amanda Ward (201 E Washington St) is relatively new to Iowa City, only having lived here for three
months. She had moved here from Los Angeles and at first was very disappointed but came here
to be the director of VIP Services for Hotel Vetro so is in the unique position of talking to the
travelers that come to Iowa City every day. One of the first things she noticed about the Ped Mall
was the mix of old buildings and new buildings, where in California they don't have that, and found
the old buildings to be beautiful but also likes the mix of the new architecture, including the new
building she lives in. Ward discussed the Victorian homes, and stated there is a huge difference
between a Victorian home and a home on the National Registry, so when she first drove through
Iowa City and was looking at the Victorian homes, she noticed buildings with broken cornices,
trash cans in front of them, that are falling apart and are run down, not the beautiful mansions
everyone is talking about this evening. She continued to discuss the arbitrary boundaries and the
time put into these conversations, and the appeal to slow down and don't make a rush decision.
Ward feels the opposite, speed up, make a decision, and hopefully it's a decision of moving Iowa
City forward, into young and old, newbies and traditional people who have lived here a long time.
As she mentioned, she talks to people every day, they are attracted to the downtown area, they
are wanting to live in the Ped Mall, they are wanting to be down where they are close to the action
of the city for its vibrant nature, so having the opportunity for buildings that will provide that for
people, that will become a draw for people to come to Iowa City, she can't see that as a negative
thing. Ward stated she understands the emphasis on the old and protecting the old, but the new is
as equally as important.
Joseph Knock, agrees with the people who say a decision should not be made tonight, that there
should be some consideration for what should be expanded and what should be kept. If however,
this district is folded into the Downtown/Riverfront Crossings Plan, he would suggest that they try to
save or preserve as many historical properties as possible. He also suggests that new buildings
adhere to some of the architecture of that area, so rather than having an out of place, block long
development, to try to have the development resemble what is already there.
Jim Knapp thanked the Commission for showing the beautiful picture of the congregation because
back in 1989 he rebuilt that steeple and was on scaffold 65 feet above ground. He reiterated that
they town needs to keep its historic nature and building new high-rises that are 15 or 20 stories
high are not necessary.
Dick Summerwill stated he was going to speak in favor of this proposal but after hearing Casey
Cook talk earlier and feels his comment need to be taken note of. Summerwill stated he has lived
in Iowa City almost his whole life, was away for 10 years, but came back, and when he came back
the downtown was a mess, it was the kind of downtown that the University would not bring their
professors through when they were recruiting them. Young people were fleeing the area. Urban
renewal came and went, and frankly made this discussion look like a piece of cake. Summerwill
feels this is a wonderful conversation because it is discussing compromise and what can be done.
The biggest idea tonight for a compromise is to make Ralston Creek the boundary, because that is
a natural boundary. After going through urban renewal it took 30 years to get enough buildings
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and streetscapes to encourage people to come downtown, they are now coming. Summerwill
believes the downtown is the best today as it's ever been and that is because there are cohesive
efforts between the University of Iowa and the City of Iowa City and it is growing and dynamic and
there needs to be room for more growth. In closing he urged the Commission to not delay the
project, but to move forward.
Cook stated that he has renovated three old houses, ages 1910-1920, and there is a big distinction
between an old house and a historic house and questions if historic has been well defined. Cook
also sat on the Board of Directors for the United Action for Youth and that house at 422 Iowa
Avenue has a nice paint job, but it is not in good condition, and if designated as a historic property,
it will devalue that home around a half million dollars. Cook has also done some work on the
Unitarian Church, and if that building stay intact, on that site, it will reduces its value by about two-
thirds. When you think about what people are paying for land in the downtown area, it makes him
very much in favor of this district.
Cilek spoke to give a comparison to what is Meta experienced, they were on South Gilbert Street,
in half the amount of space, and when they moved into the new building at 201 Washington, they
have approximately twice the space, the utility bills are half as much, due to LED lighting, and other
upgraded features. So when folks talk about historic that is important but they need to recognize a
business looks at utilities, high-speed internet, and other amenities that come with a new building,
is what will attract new businesses to Iowa City, and outweighs worrying about where the buffer
zone is. Cilek feels the his company will be looking for additional space in the future, and will want
to be close to their current downtown location.
McCullum stated that Mr. Cook just re-emphasized the concern about how it seems that every
church in this area is being looked at as a development project. The community will lose all those
properties, those churches, so there won't be any old, just new.
Freerks closed public hearing.
Freerks stated that this is a topic that needs to be discussed and mulled over, and entertains a
motion to have discussion.
Eastham moved that the Commission defer this item until the first meeting in February.
Swygard seconded the motion.
Eastham questioned staff on how many sites of redevelopment on multi -story currently are
identified in Downtown District Plan. Yapp stated that would take some time to count. Hektoen
asked if Eastham was just asking how many are designated in the plan itself, and Eastham
confirmed that was his question.
Swygard also had a question for staff on the Riverfront Crossings/Downtown Plan, it says that
ultimately the City should pursue the creation of form -based code to regulate all new development
downtown, and asked staff to comment on if that is in the works. Yapp confirmed it is on the staff
work program, and the initial steps of that was a discussion with the Downtown District earlier this
week regarding establishing design standards, facades, signage and so forth, and that he sees this
as a first step to establishing a form -based code for the Downtown District.
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Eastham stated that staff has asked the Council to establish proposals for inclusionary affordable
housing, and asked if the staff has considered extending those proposals or measures into the
Civic District. Yapp answered that the City Council direction that they were given was to develop
and propose inclusionary zoning standards for just the Riverfront Crossings Area at this time.
Eastham asked for confirmation that the staff proposal is to only include into the Downtown District
Plan only three blocks of this Civic Area, and Yapp confirmed that was correct. Eastham also
noted that there is only one potentially historical structure in that three block area, and Yapp
confirmed that is correct as well.
Freerks stated her concern that the Commission may not even be ready to vote on this issue even
at the next meeting, as this is such a big subject with a lot of energy around it, and the ongoing
discussions of historic structures, and lessons were learned in discussions of previous historic
areas that need to be heeded at this time. Freerks believes that not all structures need to have
gone through the historic preservation process, but the Commission and the City needs some type
of map showing the areas that might be in question so people can move forward with the correct
expectations. Freerks feels this proposal today seems hobbled together and if moved forward will
just divide those interested more. She understands the need for taller structures and building
vertically in some areas, but there is also the need to maintain parts of these areas, and protect
areas, and could not do so if they moved forward with the proposal as it is. The boundary being
set in a middle of a block does not make sense, and there is a need to go through and look at what
the base zones are in these areas and are those zonings really what the community wants for
these areas. Freerks believes there needs to be a better plan and wants to call for an informal
meeting to discuss this issue prior to the next formal meeting for this topic. Informal meetings are
also open to the public.
Hektoen clarified that the proposal is not talking about establishing a boundary mid-block. That
boundary is there currently. Freerks understands but still feels the issue needs to be looked at
overall for more clarity.
Eastham stated as he understands this proposal, staff has suggested that three square blocks
which are almost entirely owned by the City of Iowa City, be incorporated into the Downtown
District. So the Commission is tasked with deciding if that is a good idea or not. Whether there are
existing proposals of development on that area is not of the Commission's concern.
Swygard stated she would like to see these two Comprehensive Plan Amendments broken into two
separate pieces. Eastham agreed that would be a good idea. Thomas agreed that they should be
discussed separately as they are on two different timelines.
Dyer shared her confusion still on the area in question. Yapp explained the areas on the map
outlined in blue are proposed to be added to the Central Planning District, as they are both part of
the old Downtown Planning District, and they were not included in the Downtown Master Plan, and
were not included in the Central District Plan.
Yapp stated that staff would work to schedule an informal meeting to discuss this issue and once
the time is set it will be posted to the website.
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Swygard had a question regarding the motion, and if the motion is to delay to the next meeting or
further. Freerks stated it could be discussed again at the next formal meeting, but hopes an
informal meeting can be held as well.
A vote was taken, motion carried 7-0
REZONING ITEM (REZ14-00023)
Discussion of an application submitted by Southgate Companies for a rezoning from Interim
Development Research Park (ID -RP) to Commercial Office (CO -1) zone for approximately
34.21 acres of property located north of Northgate Drive. (REZ14-00023)
Miklo showed the location map of the property, this property is located in the North Corridor
District. This property is currently zoned Interim Development — Research Development Park (ID -
RP) and the proposal is to change the zoning to Commercial Office Zone (CO -1). The purpose of
the CO -1 zone is to provide specific areas where office functions, compatible businesses,
apartments and certain public and semipublic uses may be developed in accordance with the
Comprehensive Plan. The CO-Izone can serve as a buffer between residential and more intensive
commercial or industrial areas.
Miklo said the Comprehensive Plans show this area as Office Research Development Center. The
proposed CO -1 zoning, as well as the Research Development Park (RD) and Office Research
Park (ORP), are appropriate zoning districts to implement the land use plan. The property to the
south is currently zoned CO -1 and developed as Northgate Office Park. Properties to the west,
north and east are currently used for agriculture, including a farm residence that is located
directly north. The land use plan depicts the areas to the west and east of the subject
property as also being appropriate for Office Research Development Centers; the property to the
north is identified as Rural Residential.
Miklo said the CO -1 zone is generally viewed as being compatible with residential neighborhoods.
It has a maximum building height of 25 feet (generally two stories) and does not allow more
intense commercial uses that may detract from nearby residences. The Commercial Site
Development Standards that apply to the CO -1 zone require street trees, parking lot coverage
trees and landscaping around the perimeter of parking lots to further improve compatibility with
nearby residential uses.
Miklo said that there are some traffic implications with this development. Initially the only street
access to this property will be via Northgate Drive, which intersects with Dodge Street (Highway 1).
In the long-term Oakdale Boulevard is planned to cross the northern portion of this property to
provide additional access to Highway 1. Additional access may also be available from Moss
Ridge Road as shown on the concept plan. Staff measured existing traffic volumes, and
forecasted future volumes, at several locations along Northgate Drive. It was concluded that at
the Steindler Orthopedic Clinic Driveway the average daily traffic (ADT) on Northgate Drive would
be approximately 5,547 upon full 'build -out' of the subject property — assuming similar land -uses
currently present on Northgate Drive. This figure was derived using existing traffic counts and
existing developed acreage which resulted in an additional 84 vehicles per day per acre. Traffic
volumes were measured at the Steindler driveway as there is a secondary means of access at
this point which allows egress between Northgate Drive and the Quality Inn Property. Therefore,
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staff does not foresee any major traffic implications related to the subject plat. Traffic volumes will
be managed through optimizing the traffic signal timing at the Northgate Drive and Highway 1
intersection. He said that Kent Ralston, Transportation Planner, was available to answer questions
about the traffic study.
Staff recommends approval of REZ14-00023, an application submitted by Southgate Companies
for a rezoning from Interim Development -Research Park (ID -RP) to Commercial Office (CO -1)
zone for approximately 34.21 acres of property located north of Northgate Drive.
Freerks questioned some of the notes the Commission received stating concern about some
buffer.
Miklo responded that staff did discuss whether there is a need for a buffer in addition to what is
required in terms of landscaping. He said all parking lot areas will be landscaped. Parking lot and
trees are also required. The required setbacks are not very great in the CO -1 zone, however when
you look at a typical office use, there are larger lawns and greenspaces around these buildings.
As noted in the zoning ordinance, because of the CO -1 zone's low intensity and limit to two-story
buildings, typically no buffering is required, and staff does not feel it is necessary in this case due
to the intensity of the development. Most of the areas around this development will continue to be
used as agricultural for some time. Additionally in the future when Oakdale Boulevard is
developed there would be a right-of-way and buffer between the office development and the farm
to the north.
Dyer asked about Moss Ridge Road. Miklo answered that the development of that road would also
depend on future development of the properties to the west.
Freerks asked Miklo to discuss the future developments possible in the area, and he replied that
there would be no drive-thru fast food restaurants permitted in this zone, so the noise and lighting
from those would not be an issue. Restaurants are permitted by special exception, but he doesn't
feel there is a market for a restaurant in this area.
Freerks discussed the lighting pollution, and effect on neighboring properties. Miklo stated that the
requirements state that when next to a residential property the light poles have a limit of 25 feet,
but since there is no residential next to this property, that would not be enforced. However the
Commission could add that condition onto their approval if so desired.
Eastham asked if in the staff recommendation if there was any language in requiring a right-of-way
to be reserved for Oakdale Boulevard. Miklo stated that would be a condition that would be dealt
with when the development is platted.
Eastham then questioned if there were to be additional traffic due to the development of this
parcel, is here any way to stop additional development until Moss Ridge Road is constructed?
Kent Ralston, Transportation Planner, addressed the question stating that in the study they did for
this area, they took into consideration full build -out of the rezoned area. There are some concerns
about the delay at the intersection of Northgate, but it does meet the existing delay perimeters and
will not in the future even at full build -out.
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Eastham asked about the request of the right turn lane, and it that would be off of Northgate.
Ralston replied that they have looked a lot of options for dedicated right turn or left turn lanes and
feel that it is not necessary.
Ralston stated there would be traffic delays at certain times of day, especially in the evening when
everyone is leaving work, however it is really for only about a half hour a day and still meets the
standards used throughout the city.
Theobald asked about the traffic survey process, Ralston spoke about a computer model, but
Theobald wanted to know if someone physically goes out to the site during the peak times and
observe the traffic? Ralston confirmed that they do, and all the software and reports are based off
actual traffic counts and then they add in an estimate of the traffic that would be generated by the
new development.
Freerks opened public hearing.
Joe Hughes, representing Southgate Companies, stated they are nearly built -out on the other lots
on Northgate Drive and have had great success with the area and it has brought lots of jobs to the
community. The main feedback they received at the good neighbor meeting was the concerns
about having to wait at the intersection, it would be nice if some of the bigger employers would
stager the employee release times, but as Ralston stated the traffic situations are confined to a
certain time of day. Hughes stated that having Oakdale Boulevard eventually extend to the
property allows for 100 feet from the edge of the office lot to the edge of the Furhmeister's property
so it gives quite a bit of distance. The Furhmeisters have mentioned in the past the need for some
screening so people aren't looking at the backside of their farm buildings, so Hughes is asking the
City to allow them to put some landscaping in the 100 foot right-of-way it would benefit both sides.
Eastham asked Hughes if the developer could also add screening on the north side of the property.
Hughes replied that the screening will be on their property which will eventually become the right-
of-way when Oakdale Boulevard is built. Miklo stated the difficulty in planting the trees at this point
on the right-of-way is there isn't yet a construction layout of Oakdale Boulevard, and the staff
position is this is an office park and not an intensive type of commercial that requires some type of
screening other than what is required by the zoning code.
Deanna Furhmeister said that she and her husband Leo own the property directly north of the
parcel being considered for rezoning, and their lane is the only thing that separates them from this
property. Their property is agriculture and they actively farm, there is livestock, and they smell, they
have drying bins that are very loud when in use, and use fertilizer and chemicals on their fields.
Having said all that, she urges the Commission to give considerable thought on how to approach
the situation of rezoning, and what kind of buffer strips or distance between the two properties can
be used to secure the best results for harmony for a commercial property and a Century Farm of
122 years.
Dan Furhmeister has very recently become the owner of the farm to the east of this property that is
being rezoned for 17 additional commercial buildings. His farm has been in his family since the
1880's having just purchased his great, great grandparents farm. He stated he is not for or against
the development in any way, he just wanted the City to be aware that he also has cattle and crops
and is concerned that there is a need for a buffer between the properties.
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Miklo pointed out that the right-of-way for Oakdale Boulevard will be 100 feet and they don't
anticipate that being built anytime soon so there will be a 100 foot buffer built in until such time that
Oakdale Boulevard is built and the City Forester could work to ensure that there is some
landscaping on the north side of that right-of-way.
Freerks asked Hughes if he, as the developers, were willing to put landscaping in that right-of-way
area. Hughes confirmed that he feels it makes sense for both sides, they just need to hear from
City staff if they would allow trees in the right-of-way and if they are not worried then if construction
of Oakdale Boulevard in the future would then destroy those trees. Miklo stated that was the
concern, that if the trees are planted today, and then with the road design, the trees may need to
be taken out. Miklo suggested that felt it was necessary to put in screening rather than putting it
screening in the right-of-way of Oakdale Boulevard, to put the screening on the north side of lots
31 and 30, and requiring a 10 foot landscaping buffer on the north side of those lots. Thomas
asked if it would also have to be on the east side, since there is also agriculture on the east side as
well.
Hektoen mentioned that when the Commission talks about any conditions they may impose they
must be addressing public needs generated by this rezoning, and thinks it is reasonable to have
the screening on lots 30 & 31 due to the farm residence to the north, but not for the additional
screening to the east.
Deanna Furhmeister also added they have another farm just north west of the proposed rezoning
and feels there needs to be buffer strips all the way though the property because they have cattle
on all their property.
Miklo suggests that the buffer be to benefit the farm house and if the concern is buffering the office
uses from the agricultural uses the office developers can do that themselves for their own benefit.
Hughes stated the zoning already calls for buffering on the specific lots, City staff is recommending
no additional buffering, perhaps they can move forward now in good faith and the specifics be
worked out in the platting stage.
Dan Furhmeister asked if the buffer had to be trees, or if it could be a berm. Freerks replied that
the reality was once Oakdale Boulevard is built, the businesses would want to be able to be seen
from that road, so a berm would not be appropriate.
Freerks stated for the record that if the Commission were to move forward on good faith with this
rezoning application, that the issue of buffering and trees needs to be addressed at the time of
development.
Hektoen stated that when Miklo and her work to draft the rezoning they could put in a whereas
statement addressing the special issue of buffering.
Freerks closed public hearing.
Eastham moved that the Commission approve REZ14-00023, an application submitted by
Southgate Companies for a rezoning from Interim Development -Research Park (ID -RP) to
Commercial Office (CO -1) zone for approximately 34.21 acres of property located north of
Northgate Drive.
Planning and Zoning Commission
January 15, 2015 - Formal
Page 23 of 24
Martin seconded the motion.
Freerks stated this rezoning seems compatible to the area, and likes the idea of extending the
commercial area into this part of the city.
Thomas questioned if they had seen a summary report on the good neighbor meeting in the staff
report before? Miklo answered it was the first time that one has been submitted by the applicant.
Miklo said it is a new procedure that staff has implemented for the Good Neighbor Policy.
Commissioners indicated that it was very helpful.
A vote was taken and motion carried 7-0.
Consideration of Meeting Minutes: December 18, 2014
There were several corrections where Swygard and Theobald's names were mixed up.
Theobald moved to approve the corrected minutes for December 18, 2014.
Eastham seconded.
A vote was taken and the motion carried 7-0.
PLANNING AND ZONING INFORMATION:
Miklo reported that the Council has asked staff to form a citizen committee to draft an inclusionary
housing requirement for the Riverfront Crossings Area and is seen as being a pilot that might or
might not be expanded.
ADJOURNMENT:
Swygard moved to adjourn the meeting.
Eastham seconded.
A vote was taken and motion carried 6-0.
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02-23-15
3b(10)
IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED
MONDAY, JANUARY 26,2015--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINK ST. -TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Alexa Homewood, Nick Kilburg, Matt Butler, Bram Elias, Laura Bergus
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Ty Coleman
OTHERS PRESENT: Josh Goding, Bond Drager
SUMMARY OF DISCUSSION
Coleman said Mediacom has been having some system -wide problems with their email server.
Coleman reported that City Channel 4 has had some problems with signal quality which Mediacom
believes rests with their equipment. The problem is solved for the most part but has not been totally
resolved. Coleman reported the process to renew PATV's contract has started.
It is anticipated the contract will be for three years, or until 2018 when funding from Mediacom can no
longer be mandated. Bergus said the bureaucratic change that moved the Cable TV Office within the
Communications Office has resulted in a significant change in funding arrangements. Of particular
note, the cable TV reserve fund has been eliminated in the FY2016 budget and moved into the general
fund. It is important that the City Council be fully aware that they are making significant changes
from past practice and it not get lost in the complexities of approving the city budget. In the past the
Commission has discussed options for the local access channels transitioning to new models in 2018
when the public access operating subsidy can no longer be required and the City Channel funding
would be reduced. Using the reserve fund had been discussed as one element of an alternative funding
models. The city council needs to be aware that moving the reserve fund into the general fund could
have a large negative impact on local access channel operations in the future. Elias said the change in
the principle governing the use of the franchise fee and community programming fee needs to be fully
discussed and the City Council and community be aware they are making a significant change. The
Commission agreed to request a special meeting with the city administration to discuss the issue.
Coleman said he had met with Geoff Fruin, Shannon McMahon, and the city legal department
regarding petitioning the Iowa Utilities Board (IUB) to revoke the Alliance Technologies franchise and
return to a municipal franchise with Mediacom. Coleman said the legal department had expressed
concern that if the city were to petition the IUB, Mediacom might assert that they are not required to
pay the operating subsidy for PATV. The legal department said that if Mediacom were to take that
position, a judge would decide how the statute requiring funding support for local access channels is to
be interpreted. A court case would be costly in terms of money and time. City administration also
noted that SouthSlope and Metronet have indicated they have an interest in the possibility of providing
service in Iowa City in the future. If they were to pursue a state franchise to do so, Mediacom would
again be able to revert from a municipal franchise to a state franchise. Coleman said the city
administration is aware that because Mediacom is operating under a state issued franchise rather than
municipal franchise, annual franchise fee revenue is about $60,000 less. Bergus said the current
situation is many steps removed from any scenario in which the public access funds might be
threatened. The risk does not appear very large. Elias suggested that the Commission address this
issue when they meet with Assistant City Manager Geoff Fruin.
APPROVAL OF MINUTES
Homewood moved and Kilburg seconded a motion to approve the amended November 24, 2014
minutes. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Bergus said she reapplied for another term despite missing the deadline. There have been no other
applicants.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Coleman said he did not have a written report due to a computer malfunction that caused his email to
be lost. President Obama's appearance in Cedar Falls generated some inquiries as to why Iowa City
dos not have a similarly advanced system. Coleman said he informed them that market forces are such
that new entrants in the market are rare. The city has pursued competitive providers in the past but was
unable to attract one.
MEDIACOM REPORT
Coleman said Mediacom has been having some system -wide problems with their email server. Lee
Grassley informed Coleman that otherwise he had nothing to report.
CITY CABLE TV OFFICE REPORT
Coleman reported that City Channel 4 has had some problems with signal quality which Mediacom
believes rests with their equipment. The problem is solved for the most part but has not been totally
resolved.
LOCAL ACCESS CHANNEL REPORTS
Homewood noted that the library, the City Channel, and PATV had written reports in the meeting
packet. Goding said the PATV board will meet at 6 p.m. on the third Thursday of each month.
PATV's new hours are Monday -Thursday from 10 a.m.-8 p.m., Friday for equipment check out from
3-6 p.m., and Saturday from 11 a.m. to 3 p.m.
PATV CONTRACT
Coleman reported that the process to renew PATV's contract has started. One meeting has been held
to gather ideas on any changes to the contract. The city is open to any input from PATV and the
Commission. It is anticipated the contract will be for three years, or until 2018 when funding from
Mediacom can no longer be mandated. Goding said PATV is generally happy with the terms of the
existing contract. Coleman said a public hearing has been held in the past to allow public input into
PATV's performance. A public hearing before the March Commission meeting at which a
recommendation regarding the contract could be made might be a good option. Coleman said he
would try and have a draft contract ready for review for the next Commission meeting.
CABLE TV OFFICE BUDGET
Bergus said the bureaucratic change that moved the Cable TV Office within the Communications
Office has resulted in a significant change in funding arrangements. Of particular note, the cable TV
reserve fund has been eliminated in the FY2016 budget and moved into the general fund. It is
important that the City Council be fully aware that they are making significant changes from past
practice and it not get lost in the complexities of approving the city budget. In the past the
Commission has discussed options for the local access channels transitioning to new models in 2018
when the public access operating subsidy can no longer be required and the City Channel funding
would be reduced. Using the reserve fund had been discussed as one element of an alternative funding
models. The city council needs to be aware that moving the reserve fund into the general fund could
have a large negative impact on local access channel operations in the future. Brau noted that the FY
2016 budget changes the operating assumption of how the franchise fee is used. Prior to the FY 2016
budget the franchise fee and community programming fee had been classified as an enterprise fund.
Unlike revenue generated by taxes in which all citizens gained benefit, an enterprise fund returns the
benefits to those who pay them. That principle has been changed in FY 2016 budget and the franchise
fee and community programming fee is treated in the same manner as tax revenue. Coleman said that
Assistant City Manager Geoff Fruin informed him that due to changes in state property tax law the city
will have a shortfall in funds beginning in 2017 and the city needs to build a reserve fund now to
manage that situation. It was hoped that the community would support the local option sales tax to
generate the needed funds, but it failed. Elias said the change in the principle governing the use of the
franchise fee and community programming fee needs to be fully discussed and the City Council and
community be aware they are making a significant change. The Commission agreed to request a
special meeting with the city administration to discuss the issue.
ALLIANCE TECHNOLOGIES FRANCHISE
Coleman said he had met with Geoff Fruin, Shannon McMahon, and the city legal department
regarding petitioning the Iowa Utilities Board (IUB) to revoke the Alliance Technologies franchise and
return to a municipal franchise with Mediacom. Coleman said the legal department had expressed
concern that if the city were to petition the IUB, Mediacom might assert that they are not required to
pay the operating subsidy for PATV. The legal department said that if Mediacom were to take that
position, a judge would decide how the statute requiring funding support for local access channels is to
be interpreted. A court case would be costly in terms of money and time. City administration also
noted that SouthSlope and Metronet have indicated they have an interest in the possibility of providing
service in Iowa City in the future. If they were to pursue a state franchise to do so, Mediacom would
again be able to revert from a municipal franchise to a state franchise. Coleman said the city
administration is aware that because Mediacom is operating under a state issued franchise rather than
municipal franchise, annual franchise fee revenue is about $60,000 less. Bergus noted that about a
year ago Mediacom sent the city a letter asserting they no longer believed they were required to pay
the public access operating fee. The city responded with a letter disagreeing. Mediacom decided to
continue with the payments at that point. Bergus said the current situation is many steps removed from
any scenario in which the public access funds might be threatened. The language in the statute
regarding the continuation of support for local access operations is there for a purpose and the
language is clear and unambiguous. The risk does not appear very large. Elias suggested that the
Commission address this issue when they meet with assistant city manager Geoff Fruin.
LOCAL ACCESS CHANNEL SURVEY
Brau reported the survey has been collecting responses. The number of responses currently will result
in a confidence interval of about 7%, which is higher than desired, but low enough that the data will be
useful. A Facebook ad will be soon placed targeting the 18-30 year old age group, as that group's
response rate is below their make-up in the population. Any suggestions on how to analyze the date
are welcome.
ADJOURNMENT
Elias moved and Bergus seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:49 p.m.
Respectfully submitted,
`J
Michael Brau.
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
(X) = Present
(0) = Absent
(O/C) = Absent/Called (Excused
Elias
Ber us
Kilburg
Butler
Homewood
1/27/14
X
X
X
X
X
2/24/14
X
X
X
0
0
3/24/14
X
X
X
X
X
6/2/14
0
X
X
X
X
6/23/14
0
X
X
X
X
7/28/14
0
x
x
x
0/c
8/25/14
X
X
X
X
X
9/22/14
X
X
X
X
o/c
10/27/14
X
X
o/c
o/c
X
11/24/14
O/C
O/C
X
X
X
1/26/15
X
X
X
X
x
2/10/15
X
X
X
o/c
X
(X) = Present
(0) = Absent
(O/C) = Absent/Called (Excused
02-2
r 3d(1)
CITY OF IOWA CITY
.�
MEMORANDUM
DATE: February 19, 2015
TO: Tom Markus, City Manager
FROM: Jason Havel, City Engineer T4 -, 7,
RE: Sycamore Street — City Limits to South Gilbert Street, Phase 1
28E Agreement with the Iowa City Community School District for
Improvements to a portion of Sycamore Street
Introduction:
This agenda item includes a 28E Agreement with the Iowa City Community School District for the
Sycamore Street — City Limits to South Gilbert Street, Phase 1 Project.
History / Background:
The ICCSD is currently constructing the Archibald Alexander Elementary School at 3571 Sycamore
Street. In connection with this construction, the ICCSD must complete the improvements identified
on the Major Site Plan for the school approved by the City on July 15, 2014. In addition, to facilitate
vehicular and pedestrian traffic to Alexander Elementary, the City is planning to construct
improvements to Sycamore Street which runs, in part, along the eastern border of the school site.
While the City will be responsible for the construction of the Sycamore Street improvements and the
ICCSD will be responsible for the construction of the Major Site Plan improvements, it is beneficial to
include both improvements in one project for purposes of public bidding and to have one contractor
construct both the improvements to Sycamore Street and the Major Site Plan improvements.
Discussion of Solution:
Plans for the Sycamore Street - City Limits to South Gilbert Street, Phase 1 Project include both the
Sycamore Street improvements and the Major Site Plan improvements. The project has been
divided into Divisions in which the City will be responsible for Division 1 project costs and the ICCSD
will be responsible for Divisions 2A and 2B project costs. In addition, the ICCSD has agreed to pay
33.3% of the actual project costs for 647.18 linear feet of Sycamore Street which abuts the ICCSD
property. The proposed 28E Agreement is necessary between the City and the ICCSD to set forth
the responsibilities of the costs for the project with the City acting as the lead agency for purposes of
construction. This agreement outlines the City's and the ICCSD's respective duties and
responsibilities in connection with the project.
Financial Impact Statement:
The City is funding the roadway improvements with the Sycamore Street Project as included in
Division 1 of the project which is estimated at $2,291,000 and the ICCSD is funding the Major Site
Plan improvements as included in Division 2A and Division 2B of the project estimated at $181,600.
In addition, the ICCSD has agreed to pay 33.3% of the actual project costs for 647.18 linear feet of
Sycamore Street which is estimated at $190,000.
Recommendation:
Staff recommends proceeding with authorization of approving the 28E Agreement between the Iowa
City Community School District and the City of Iowa City for the Sycamore Street Improvements.
cc: Ron Knoche, Public Works Director
Dave Panos, Senior Civil Engineer