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HomeMy WebLinkAbout2013-01-22 Bd Comm minutesAd Hoc Diversity Committee, December 17, 2012 Page 1 4� b�MM' MINUTES APPROVED AD HOC DIVERSITY COMMITTEE DECEMBER 17, 2012 HARVAT HALL IN CITY HALL, 4:05 P.M. Members Present: Cindy Roberts, Joe Dan Coulter (4:10), Orville Townsend, Sr., Kingsley Botchway Il, Joan Vanden Berg, LaTasha Massey Members Absent: Bakhit Bakhit Staff Present: Dulek, Karr, Markus Others Present: Charlie Eastham REVIEW MEETING MINUTES: Chairperson Botchway began the meeting with the December 10, 2012, meeting minutes. Vanden Berg moved to approve the December 10, 2012, meeting minutes as submitted. Massey seconded the motion. The motion carried 5 -0; Coulter and Bakhit absent. SUBCOMMITTEE INFORMATION GATHERING SESSIONS: Botchway thanked Karr for the schedule she supplied them with for these sessions. Karr noted that it is still subject to change, due to Members' schedules. Botchway suggested the Members share their feelings now about these sessions, such as time, place, etc., so adjustments can be made. Botchway suggested that each session have 3 Committee Members listed in the event someone can't attend, and wouldn't leave one Committee Member as the sole representative. Massey stated that she could join the City High group on the 9th. Botchway then reviewed the groups slated for each location, asking again if anyone wanted to make changes. Botchway suggested they add Coulter to one of the school locations as he had shown an interest in that. Members spoke briefly to what would work best for them. Botchway stated that he could be available for the Hy -Vee location, as well. Karr then asked if they could review the hours and timeframes for these sessions. The group agreed that the evening sessions would have a start time of 6:00 P.M. with no set end time. The school sessions will have a start and end time to them, reflecting the lunch schedules. The discussion then turned to the format questions they would like to use at these sessions, and whether this tool will be for the public to fill out or for the Members to use while speaking to the public during these sessions. Massey stated that she was under the impression that the school settings would be like focus groups and the public would be more of a panel discussion Q &A. (Coulter arrived 4:10.) Ad Hoc Diversity Committee, December 17, 2012 Page 2 The discussion turned to the advertisement of these sessions. Members agreed that the school sessions would not be made known to the general public, that students will be signing up to attend these information sessions. As for the public sessions, the flyers will detail the dates, locations, and times. Botchway then spoke to the next meeting, where they will be meeting before the information gathering sessions. He stated that he would like to go over the format of these sessions at the January 3, 2013, meeting. For instance, how are the school sessions going to be run due to the time constraints there? Having more informal sessions is the overall goal here according to Members. Roberts added that they will probably do best by taking cues from the audience they are with, keeping things more informal, and seeing how the conversation flows. Botchway reiterated that he believes they need to have some type of format in mind. Massey stated that they should pose the questions they most want feedback on to the students, and then give them time to respond. This would help to break the ice and get people talking. Karr asked Members to think about how they might handle the timeframes in the public settings, versus the schools, where they will need to decide how long they want to keep the forum going. Botchway stated that they would move on to the next agenda item as this point. GENERAL BOARD DISCUSSION: In referring to the upcoming information sessions, Vanden Berg asked if Members wanted to tweak the questions that Karr had prepared. Coulter stated that he believes them to be a very useful tool; however, he still would prefer to keep things very informal during these sessions. Members began to review the draft questions for the Law Enforcement piece, with Coulter stating they need to keep things `user friendly.' Massey suggested they pick three questions from each area that they know they want information on. Others agreed, and began giving their top three choices. Townsend suggested they ask for both negative and positive experiences from participants. Members reviewed each of the questions, with 1, 5 and 6 being for the schools; and 1, 2, 5 and 6 for the public sessions. At the bottom of the sheet, Karr will put in the other questions that Members might want to also ask in promoting discussion. Coulter stated that he believes the term "minority populations" is not appropriate at all in these questions. Members discussed this briefly, with Massey stating that they don't have to read these questions verbatim, that they should use them as a framework for the sessions. Members then reviewed the Transportation questions for these sessions, again reviewing the questions that Karr prepared. It was decided that for the public and schools sessions questions, 1, 2, 3 and 6; with 4 becoming an optional question for the public sessions. Vanden Berg suggested changing the wording a bit for the school on #6 and having — what can the City do to improve... which she believes the teens will be more receptive to. TENTATIVE MEETING SCHEDULE: Karr noted that the next meeting is January 3, 2013. She asked Members if they would like to have any of the info for the sessions prior to this meeting or at the meeting itself. Botchway went over the upcoming meeting dates briefly, stating they can make changes as needed. Ad Hoc Diversity Committee, December 17, 2012 Page 3 PUBLIC INPUT: None. ADJOURNMENT: Karr reminded Members that staff will not be present at any of these subcommittee meetings. Townsend moved to adjourn the meeting at 4:55 P.M. Massey seconded the motion. The motion carried 6 -0; Bakhit absent. Ad Hoc Diversity Committee, December 17, 2012 Page 4 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member TERM o � O \ N G' N N NAME EXP. N cc W cn CC o Donna 03/10113 O/ X N N N N N N N N N N N N Henry E M M M M M M M M M M M M Cindy 03/10113 X X X X X X X X X X X X X X Roberts Joan 03110/13 X X X X X X X O/ X X X O/ X X Vanden E E Berg Bakhit 03/10/13 X X X X X X X X X X O X O/ O Bakhit /E E Kingsley 03/10/13 X X X X X X O/ O/ X X O X X X Botchway E E /E Orville 03/10/13 X X X X X X X X X X X X X X Townsend Joe Dan 03/10/13 X X X X X X X X X X X X X X Coulter LaTasha N N N X X X X X O/ O/ X X O/ X Massey M M M E E E Key: X = Present O = Absent O/E = Absent/Excused NM = Not a Member Ad Hoc Diversity Committee, December 17, 2012 Page 5 Ad Hoc Diversity Committee, January 3, 2013 MINUTES AD HOC DIVERSITY COMMITTEE JANUARY 3, 2013 HELLING CONFERENCE ROOM IN CITY HALL, 4:05 P.M. APPROVED Page 1 4 Members Present: Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr., Kingsley Botchway II (4:07), Joan Vanden Berg (4:06), LaTasha Massey, Bakhit Bakhit Staff Present: Karr, Dulek Others Present: Raquel Baker REVIEW MEETING MINUTES: Co- Chairperson Roberts began the meeting with the December 17, 2012, meeting minutes, asking if there were any amendments to be made. Townsend spoke to the December 17 discussion, stating that in addition to sharing what is not working that they also said they want to hear what is working, all with a focus on improvement. Coulter moved to approve the December 17, 2012, meeting minutes as amended. Townsend seconded the motion. The motion carried 6 -0; Botchway absent. REVIEW & CONFIRM SUBCOMMITTEE INFORMATION GATHERING SESSIONS: Roberts began the discussion by noting that this meeting is basically to review their calendars for the upcoming information gatherings and to review the revised questions they would like to use at these gatherings. Roberts asked Members if they were still okay with their locations and times. Vanden Berg noted that the time for City High has been confirmed for 10:30, and West High's gathering will begin at 11:00. Botchway arrived at the meeting at this point and Roberts brought him up -to -date. Townsend then spoke to the school gatherings, asking if the time limit is necessary or if they can continue it if things are going well. Vanden Berg stated that she asked that same question of the schools. Vanden Berg noted that because students are in midterms right now, the school is being cautious about how much time they might miss in a class. Townsend stated that they will have to play it by ear and see what type of flexibility students have in their schedules, should they need to continue the session. Coulter stated that they should let everyone know that they can also submit their comments in writing to the Committee. Ad Hoc Diversity Committee, January 3, 2013 Page 2 The discussion continued, with Members talking about how they might handle the school settings if they do need more time to speak with students. Massey suggested a possible meeting after school, in addition to noting that written comments are acceptable. Karr asked Members if they would like either hard copies or electronic copies of the questions for these sessions. Roberts stated that while at City High, Members should let students know that there will be a similar gathering that same evening at The Spot. Coulter stated that he would like to have some hard copies of the finalized questions to have available at gatherings. Karr stated that she can provide copies as needed. Bakhit asked if there is a way to have these questions translated. Karr responded that this could be done, but that the answers would need to be translated back to English, as well. Bakhit stated that he could do this. Roberts asked if other Members would like to share cell phone numbers so that they have a way to get in touch with each other, should something happen at the last minute. Coulter agreed with this idea, stating that it would enable the groups to get in touch instantly. Massey then stated that she does have a conflict with the West High gathering. Roberts suggested that Members give their information to Karr who will create a `phone tree' for the Members and distribute electronically. Roberts asked about the publicity release. Karr noted that she will be sending another press release. The discussion then turned to the questions, broken out into law enforcement and transportation for both the public settings and the school settings. Starting with the school questions, Roberts asked if anyone had any revisions. Members agreed that these questions are a good place to work from. Switching to the public version, Townsend noted that they should ask people where they believe a good gathering spot would be to discuss these issues. Roberts asked if others think there is some obvious public input that they've missed thus far. Townsend responded that he believes what they are planning to do — meet with smaller groups — is an excellent way for gathering information. Coulter spoke about the collection of information from these sessions and how this will help them form their recommendation to the Council. Coulter also stated that the group could draft their recommendations first, send the draft to all of the participants, giving them the opportunity to provide additional input or clarification. He added that they would then be able to tell the Council that these recommendations had been vetted with the constituencies represented. Roberts asked Karr what her opinion is on this idea. Karr noted that they could certainly do the draft recommendations, and as the group noted early on, have another public forum centered on the recommendations. She explained the difficulties they might encounter if they attempt to mail this draft to all of the participants, not having full names or addresses, for example. Coulter agreed that this would be a good way to vet the recommendations before they are finalized. Townsend asked for clarification on just what type of information they would be seeking in this second public forum. Karr referred to Coulter's earlier comments, wanting to meet again with the public to make sure the information in the recommendations was heard correctly, and to let the public know that their concerns are being addressed. The conversation continued, with Members discussing how they want to handle their `final' recommendations. Roberts asked if Members had any final changes they would like to make at this point. Ad Hoc Diversity Committee, January 3, 2013 Page 3 Coulter brought up the topic of note taking at these sessions and a brief meeting after each session by those Members present so they can make sure they've captured the input correctly. Roberts asked if he wants a prepared, typed report from these sessions. Coulter stated that it doesn't need to be anything formal, just a brief meeting to go over notes and see if they heard things the same way. Karr reminded Members that in the public settings, they will need to determine when they want to end the session. She gave them some suggestions on how they might handle this. Vanden Berg suggested where Members should meet at both City and West Highs as they have a limited time there. TENTATIVE MEETING SCHEDULE: Roberts asked Karr for clarification on the upcoming meeting schedule. January 28 is a possible conflict for staff due to a possible Council meeting, but she will know more after this week's budget meetings. For now the schedule will stay as January 14, 24 and 28; and February 4, as noted on the agenda. Vanden Berg noted that she will not be available for the meeting on the 24. GENERAL BOARD DISCUSSION: Coulter suggested they have a brief discussion on the Justice Center. He asked to what extent others believe it might play into their recommendations for Council. Townsend stated that he sees it as something separate, that the voters decide on the Justice Center, not a Council- appointed committee. Coulter added that some of the same issues this committee is dealing with are some of the same issues surrounding the Justice Center. Dulek interrupted at this point, noting that this is not on the agenda this evening. She suggested that if Members want to discuss this, they should add it to the next meeting's agenda. Townsend asked if others believe this topic warrants further discussion. Members briefly looked at this, and agreed that it really has nothing to do directly with their charge from the Council. Bakhit stated that they should just listen to what they hear on these other topics that they do not need to reply to the public on them. Karr will add "Public Concerns" issues to the final recommendations. Roberts suggested the possibility of an ongoing Diversity Committee, and Massey noted the Implementation Committee that was suggested previously. This led to a brief discussion of some of the City Boards & Commissions already in place and how a diversity committee might play into this. PUBLIC INPUT: Raquel Baker asked if meetings are typically held at 4:00 P.M. Karr stated that they usually are, unless otherwise noted. Baker stated that she may be writing an article for The Little Village. ADJOURNMENT: Botchway moved to adjourn the meeting at 5:00 P.M. Bakhit seconded the motion. The motion carried 7 -0. :: cn 03 a M O N M 0 ti 0 U i-i N Q U O x a d �O V� W .� Z � Q Z v W O H 2 F- �Q Q M r O N N r O N L U E W N US N co Q Q Z W Y�XOOz 02/04/13 01/28/13 01/24/13 01/14/13 01/03/13 X X X X x X x X 12/17/12 X X O X X X X 12/1 0/12 z O O X X X X X 12/3/12 z O x X X X X X 11/19/12 z X X O O X X X 11/15/12 z X X X X X X O 11/13/12 z X X X X X X O 10/29/12 z O X O X X X X 10/22/12 z X X X O X X X 10/15/12 z X X X X X X X 10/8/12 z X X X X X X X 09/24/12 z X X X X X X X 09/17/12 z X X X X X X z 09/10/12 X X X X X X X z 08/29/12 O X X X X X X z M M M M M M M O O O O O O O F W o 0 0 0 0 0 0 b�D d z o ax o �a o �� aaca a o Via, o off 0 0 ti� a� L U E W N US N co Q Q Z W Y�XOOz 4b(3) .mm� MINUTES APPROVED BOARD OF ADJUSTMENT DECEMBER 12„ 2012 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Will Jennings, Caroline Sheerin (late arrival) MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Mike Pugh, Kelly Beckler RECOMMENDATIONS TO CITY COUNCIL: Approved changes to Board Procedures. 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 in the meeting. CONSIDERATION OF THE NOVEMBER 14, 2012 MEETING MINUTES: Jennings moved to approve the minutes with minor corrections Baker seconded. A vote was taken and the motion carried 5 -0. SPECIAL EXCEPTION ITEMS EXC12- 00014, an application submitted by Hy -Vee Stores, Inc. for a drive - through coffee shop associated with a convenience store on property located in the Community Commercial (CC -2) zone at 1109 & 1123 North Dodge Street. Walz said this is part of a larger development that has already gone through the Planning and Zoning Commission for rezoning. Walz explained the rerouting of St. Clements Street and the rezoning of the properties to Community Commercial (CC -2) zone. She showed the Board an aerial view of where Hy -Vee is going to redevelopment the former Roberts Dairy site. She showed the Board a general layout of the proposed buildings on the site. Board of Adjustment December 12, 2012 Page 2 of 10 Walz showed the Board on the plan where a five foot tall brick wall is proposed to run along the coffee shop drive - through and the shrubs and trees that are to be planted to screen the wall. She said the concern on staff with this drive - through was its close proximity to residential properties across the street. She said the wall is intended to screen things associated with drive - throughs, which are light glare from cars and noise from the intercom system. She said the pedestrian routes to the convenience store from the rights -of -way have been routed around the drive - through so they aren't in conflict, and they have to be marked where they cross the parking area. Walz said the other staff concern was that if this were to become a fast food restaurant other elements would come into play, like litter. She said although there isn't a definition for coffee shop as a use, it's in the same category as eating establishments. She said they define it through the special exception as "an eating establishment whose principle product/sales are coffee and other beverages, with food sales being incidental or accessory. She said staff also thought it was important to limit the hours of operation. Baker asked what the length of the wall is. Walz showed him on the plan where it runs. She said the main area of concern is really when traffic is facing the neighborhood and ordering, because that's when there will be some amplification of sound through the speaker system. Walz clarified the location of the walkway to the drive - through. Jennings asked if the terms coffee shop and convenience store are interchangeable. Walz replied that the coffee shop is just a part of the convenience store. She said the building is 4500 square feet and of that area, 1300 square feet is the coffee shop. Jennings asked if the drive - through is for use only by the coffee shop. Walz said it was. Baker asked if it could just turn into a fast food restaurant, i.e. a Blimpys. Walz said that the recommended conditions would preclude that and explained that staff has defined coffee shop as part of the condition. Without staff's recommended condition the drive - through could serve any restaurant. With the condition recommended by staff, the drive - through could only become a fast food service through another special exception. She said staff thought this was important because the drive - through located so close to residential properties. The limitation of the food service gives them the chance to establish something, see how it's working, and then seeing if the neighbors would want to go to something more intense or not. Jennings asked if St. Clements Street dead ends and if there are plans for making that a through route. Walz said it does dead end and it will remain that way. Sheerin asked about the volume of traffic on St. Clements now. Walz said it is now used by people accessing the dairy or the houses on St. Clements. Jennings asked if matters of traffic or city engineering are not within the Board's purview. Walz said the curb cuts are there, and the rerouting is there so that everything meets the City's standards for separation from the intersection and separation between curb cuts. Jennings asked if there will be a sign installed indicating that St. Clements is dead end. Walz said there would. Jennings said he knows that Prairie du Chien gets a lot of traffic, and that generally when they are creating or intensifying a destination somewhere along an arterial, the feeder streets begin to see increased traffic. Walz said she doesn't think that whatever amount of traffic coming to the present Hy -Vee and Roberts Dairy down Prairie du Chien will differ greatly from Board of Adjustment December 12, 2012 Page 3 of 10 the amount when the proposed development is complete. Jennings said when he sees a curb cut that's just shy of the intersection of two major arterials, there may be some issues with left turns. Walz told the Board to consider things only in the context of the two drive - throughs, because the layout for the grocery store has been approved. Jennings said he was concerned, referring to the drive off Dodge near the grocery store and the reconstructed St. Clements Street will be the major entry points for the drive - through. Grenis said he had the same thoughts, but he will take comfort in that the Planning staff finds the arrangement acceptable. Walz told the Board they have to do the findings. Jennings said he's just seeing many left turns. Sheerin asked what part of the road system he was referring to. He said a left turn off of Dodge, a left turn back onto Prairie du Chien. Sheerin asked if his concern was traffic or safety or both. Jennings responded that it was both. Sheerin asked how much pedestrian traffic there was. Walz said she doesn't know if they have quantified that, but the idea is that any redevelopment in this area should be pedestrian friendly. Sheerin asked if there were many pedestrians currently using Hy -Vee. Walz said she wouldn't think so. She said the idea of the new store is that it will be more accessible and inviting for the neighborhood to walk to than the current store because it's located closer to the neighborhood. Jennings said he would consider pedestriasn and bike traffic because the sidewalks in that area are wider and hook up to other bike paths. Walz said there is also a bus pull —off and the development is intended to be user - friendly for many uses. Jennings said he is just trying to get clear. He said what's mentioned in the staff report is the issue of development in this area as wanting to project a store - front, pedestrian friendly, bicycle friendly, more neighborhood atmosphere and asked if those issues are adequately covered in staff's opinion. Walz said that is staff's position. Grenis asked if St. Clements Street will now be a publically owned street. Walz explained that it is a public right -of -way that was not built to street standards. Baker asked if the upgrade on the new configuration of St. Clements Street is a City upgrade. Walz said the developer will be building that. Sheerin asked if there will be any parking restrictions on St. Clements Street. Walz said she didn't know the answer to that. Jennings said that by looking at it, it seems that it will be a significantly used street, an elongated entrance and egress to and from all facets of the development. Walz agreed. Jennings said in the description it said that what faced the arterial roads of North Dodge Street and Prairie du Chien Road was to be storefront, pedestrian friendly. He said the larger site seems to not achieve that. Walz said the actually positioning of the building was a matter for Planning & Zoning and the Board is looking at only the drive - throughs. She said that the side of the grocery facing the street will have windows and features and quite a bit of screening on the development. Jennings said he only mentioned it because it is one of the criteria that is mentioned. Walz said in the Board's case, it should be specific to the drive- through. Sheerin opened public hearing. Board of Adjustment December 12, 2012 Page 4 of 10 Mike Pugh, representing Hy -Vee, said the new St. Clements Street will be dedicated to the public as part of the subdivision process and be built to City standards. He said in his initial talks with staff, they considered if they needed to have the Comprehensive Plan amended because the North Side Plan talks about wanting the commercial uses in this area to be developed with a Main Street, friendly construction and also be compatible with the residential uses in the area. He said as a result of those talks, they re- positioned the grocery toward further to the south and put in windows to give it that Main Street feeling. He said that, in addition to the screening with the wall and landscaping on the western edge of the development, led the staff to believe that an amendment to the Comprehensive Plan probably wasn't necessary. Pugh said that for purposes of this agenda item he would specifically adopt the City staff report and the information that is set out in response to the general and specific approval criteria. He pointed out that on the western edge of the development Hy -Vee has provided both landscaping that has an elevation of 5 feet to the S3 standard and a masonry wall or 5 feet, so they have satisfied both provisions instead of just the required one. He showed the Board a rendering of what the fully developed site will look like. Pugh said the applicant is agreeable to all of the conditions set out in the staff report. Baker asked if the hours of operation for the convenience store itself have been set. Pugh replied that he didn't know. Walz said she thinks you can access the gas pumps 24 -hours a day with a credit card, but the convenience would not be open 24 hours. Baker asked if this is a Hy -Vee gas station. Pugh said it is. Walz reminded that what the Board needs to look at are only the drive - throughs. Jennings asked what sort of projections they have for traffic usage and flow. He said it seems that very close to the intersection of major arterials, they have just added two curb cuts that facilitate the use of a drive - through. Walz said the curb cuts are part of the traffic system that would exist regardless of the drive - through, but, logically, there will be more traffic because of a drive - through. Jennings said what he is trying to ascertain is that if the Board's discussion is only about the drive - through, then he has nothing else to add because he can't put forward a concern or qualification based solely on traffic generated or aimed at a drive - through. Walz asked if he had a specific concern about either or both curb cuts. Jennings said when you create the necessity for people to make left hand turns onto arterial roads, they will always have to creep out and block the sidewalk in order to have a clear view of traffic or to indicate their intention to turn left onto an arterial, therefore blocking the pedestrian or bicycle friendly route. Walz said if he feels that the drive - through is making one or more of those curb cuts unsafe, then that should be his finding. 'Walz asked if there is other information he feels is lacking that staff could provide him. Jennings said what he is asking for is clarification from staff about the methodology by which the traffic flow off of Prairie du Chien into the drive - through was considered. Walz replied that she did not have that information but that if the rest of the Board members share that concern, they should defer the item so that she could get the requested traffic analysis. Jennings said he didn't feel the need to do that. Pugh spoke up and said this was the traffic flow that was determined both working with the City Engineers as well as the engineers that were hired by Hy -Vee. He said he just doesn't have an answer for how much more traffic would be generated with a drive - through compared with vehicle traffic that would be generated without the drive - through. Jennings voiced his concern Board of Adjustment December 12, 2012 Page 5 of 10 that traffic will back up in the morning on Prairie du Chien without a middle turn lane for drivers making left hand turns off of Prairie du Chien onto St. Clements. Sheerin closed public hearing. Walz reiterated that if the Board wants more information on traffic, they could defer the decision to give her time to get it. Baker asked Jennings if his concern was only with the St. Clements access. Jennings said his concern is the number of left turns that are being added to a high- density intersection of two arterials, and if it is staff, applicant, and the consultants' opinion that this issue has been vetted thoroughly, then he doesn't have the professional capacity to question that. Crischilles moved to approve EXC12 -00014 as recommended by staff, including the following conditions: 1. Substantial compliance with the site plan submitted, including screening, location, pedestrian access points, and order board. 2. The hours of operation are limited to 5:00 a.m. to 9:00 weekdays and 5:00 a.m. to 10:00 p.m. weekends. 3. The drive - through use is limited to an eating establishment whose principal product sales are coffee and other beverages with food sales being incidental and accessory. Baker seconded the motion. Walz said that if Jennings feels that evidence is lacking, then he either finds that it is lacking or he has the option to ask Walz or the applicant to provide other information and defer the decision. Jennings said he would defer to the Board in terms of how they would like to handle this. The Board and Walz discussed the best way to present its findings. Baker said regarding item EXC12 -00014 he concurs with the findings set forth in the staff report of December 12, 2012, and concludes 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 Board findings for the acceptance of this proposal. He said in particular he finds that a. the General Standards of the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare are true because through traffic may increase with the grocery and convenience store proposal, North Dodge is a major arterial street constructed for the capacity to handle high traffic volume, and Prairie du Chien is an arterial with a capacity to serve this development. In addition, curb cuts along North Dodge Street are located at least 150 feet from the intersection in compliance with the arterial access street standards in the Zoning Code, multiple entrances are provided in order to improve traffic circulation. The entrance to St. Clements Street is located approximately 300 feet from the intersection in compliance with Code standards, the site plan for the drive - through includes required pavement markings to direct traffic through the drive - through. The site plan shows designated Board of Adjustment December 12, 2012 Page 6 of 10 routes to the convenience store building. These routes are not in conflict with the drive - through, and as mentioned above, the installation of a five foot tall brick wall along the drive - through will screen glare and noise associated with the drive - through, and this satisfies the S3 standard for complete screening. All but Jennings concurred with Baker's statement in support of the findings listed in the staff report. Jennings said he would like to abstain. Holecek stated that the City Council has a rule that if you are abstaining for any reason other than a conflict it will go down as a yes vote, but she doesn't believe that this Board has that. A vote was taken and the motion carried 5 -0. Sheerin 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. EXC12- 00013, an application submitted by Hy -Vee Stores, Inc. for a pharmacy drive - through for property located in the Community Commercial (CC -2) zone at 1109 & 1123 North Dodge Street. Walz said this is on the same site and has the same conditions as the other item. She said there is plenty of stacking space to prevent a line out onto North Dodge Street. She said this will be one lane, as from staff's observation, these drive - throughs don't seem to generate a lot of traffic but are more for convenience. She said this drive - through will see much less intensity than what is anticipated for the convenience store. She said staff's main concern here is that there be sufficient screening from the residential property along St. Clements Street. She showed the Board on a site plan that there is an existing line of trees that will be supplemented by evergreens that will be planted. Walz said Hy -Vee has agreed to install bollards because there are uncurbed areas, and bollards will make it safer for pedestrians passing through. Grenis asked if there will be any kind of grocery pick up lane. Walz said there won't be a separate lane for grocery pickup. Grenis said he wanted to know if there will be such a lane in front of the store. Walz said the applicant will have to answer that. Baker said in taking the Comprehensive Plan into account, he has a concern about the side facing North Dodge Street and the absence of the Main Street feel the Plan calls for. The Board agreed that was really an issue for Planning and Zoning. Walz said the North District Plan did encourage, specific to this site when it was developed, that Main Street design principles be encouraged. She said the Plan also noted that redevelopment of the area would have to be seen in view of the larger transportation issues. She said she thinks what the Planning and Zoning Commission tried to do was strike a compromise, seeing that Hy -Vee was important to the neighborhood and that the redevelopment on this property would improve it. Grenis asked if Planning and Zoning approved the building without the drive - throughs. Walz said they don't have the right to approve the drive - through. She said they knew the drive - throughs were proposed as part of the overall development. She asked Holecek what Planning and Zoning could have allowed or not. Board of Adjustment December 12, 2012 Page 7 of 10 Holecek said they could have said that the traffic generated by the drive - throughs would be excessive or could have done a Conditional Zoning Agreement. Walz said she thinks that in general Planning and Zoning, unless they feel particularly strongly about something, they defer to the Board. Grenis asked if the Board could then deny just the development of the drive - throughs. Walz explained that the development is going forward provided that City Council approves the rezoning and vacation. Sheerin opened public hearing. Mike Pugh on behalf of Hy -Vee said this is a much less intense use than the coffee drive - through. He complimented the staff on the excellent job they had done in setting out in detail the specific information in the findings of both the general and specific approval criteria. He said that part of what the Planning and Zoning Commission considered was the site itself and what it was going to be used for, and he believes they must have considered the uses of both the pharmacy and the coffee shop. He said Hy -Vee is in complete agreement with both of the staff - recommended conditions that they propose be placed on this special exception. Grenis asked Pugh if he knows of any other Hy -Vee that had to adhere to these Main Street principles. Pugh said the Waterfront store went through design review. Walz said the circumstances were different because that store already existed and the district plan in that area had a different emphasis. Pugh reminded staff that the south side of the convenience store has a window front and door to it that they hope will make it inviting to pedestrian traffic and to give it the same look as the main building. Crischilles asked if there was an opening on the front of the store for grocery pickup. Pugh said the drive - through is not intended for that. Crischilles asked how many openings there would be besides the main door and pharmacy window. Pugh and Walz explained where the doors are. Sheerin closed public hearing. Grenis moved to approve EXC12 -00013 as recommended by staff with the following conditions: 1. Substantial compliance with the site plan submitted. 2. Installation of bollards between the sidewalk and drive - through lane; this aspect of the site plan to be approved by the planning staff. Crischilles seconded the motion. Jennings said regarding item EXC12 -00013 he concurs with the findings set forth in the staff report of December 12, 2012, and concludes 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 Board findings for the acceptance of this proposal. Board of Adjustment December 12, 2012 Page 8 of 10 All the other Board members concurred with Baker's statement in support of the findings listed in the staff report. A vote was taken and the motion carried 5 -0. Sheerin 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. OTHER: 1. Discussion of updated BOA Procedural Rules Walz said that some of the procedural rules were necessitated by changes in technology and some by Zoning Code changes. She went through the rules and explained the changes and why they were made. Holecek put forth some changes in some of the rules that she thought were necessary, and Walz concurred with those changes. Grenis moved to adopt these updated procedural rules with changes as noted. Jennings seconded. A vote was taken and the motion carried 5 -0. 2. Election of board officers Jennings nominated Brock Grenis for Chair of the Board. Baker seconded. A vote was taken and the motion carried 4-0. Jennings nominated Larry Baker for Vice- Chair. Crischilles seconded. A vote was taken and motion carried 4 -0. BOARD OF ADJUSTMENT INFORMATION: Jennings requested that any staff report where it is relevant include more specific information from the Traffic Engineer. Walz said if a Board member believes there isn't enough evidence available at the meeting, that is a legitimate reason to vote to deny or defer an application. ADJOURNMENT: Sheerin moved to adjourn. Board of Adjustment December 12, 2012 Page 9 of 10 Baker seconded. The meeting was adjourned on a 5 -0 vote. W V Cl) W G W Q Z N Op 0 W a� ma N N X X X X X r X X X X X r X X X O Q Q C4 w X X X X X X X — X M XXX -- X X X X X X r� X X 1 O X Go N X X i X X M co w X X i X � N XX i oX N W Il_ (O� LO (Y) .- O � O r- O O O uwa CV N N N N H X W . O . O . O r- O � O N � C N L to N c � '- U cn C 'c U) c W CO c �•� �_ 0 ZL Jm1-3:U _ cc E 0 7 -00 W 0 (n Z U p)N c: -0 X E � Q> U _ C U -S C C N E fB N N n Q Z 0 Q II II Z II II W 1 XOOZ i } W Y PROCEDURAL RULES Iowa City Board of Adjustment December 12, 2012 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration, Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be qualified electors of the city of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules, and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7. Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. ARTICLE Ill. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice - Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice - Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3. Vacancies. A vacancy in the office of Chairperson or Vice - Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5. Vice - Chairperson. When the Chairperson is absent or abstaining, the Vice - Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and /or due to the abstention of both the Chairperson and Vice - Chairperson, the remaining three - member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed 30 calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) business days after construction work pursuant to such permit is observable from adjacent properties of the public right -of -way or ten (10) business days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten (10) business days after a Resolution of Denial is filed by the Commission. Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5. Case Number. An application filed according to the above procedure shall be given a case number within five (5) business days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven (7) business days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record within 300 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2. Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice - Chairperson at the request of three (3) or more members of the Board. Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4. Quorum. Three members of the Board shall constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and /or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Section 8. Hearing Order. The order of hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. Section 9. Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 10. Board Motions. Motions may be made and seconded by any member of the Board other than the Chair. Motions are always made in the affirmative, approving the requested action. Section 11. Board Voting. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, shall cast a vote on each motion. Proxy votes are not allowed. A Board member may abstain if he or she believes there is a conflict of interest. Any member that elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discussion of the matter under consideration, a member who plans to abstain from voting should inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that Board member. An abstaining Board member may choose to leave the meeting room for the duration of the proceedings for that application. Section 12. Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1. Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's office. The applicant may request a court reporter at the applicant's own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. Section 3. Transcript. Upon request, a transcript of the audio recording of the Board's deliberation will be made, at cost. ARTICLE VIII. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. MINUTES — FINAL CITY OF IOWA CITY CIVIL SERVICE COMMISSION DECEMBER 21, 2012 — 8:15 am HELLING CONFERENCE ROOM — CITY HALL Members Present: William Cook and Paul Hoffey Members Absent: Lyra Dickerson Staff Present: Karen Jennings, Sarah Holecek and Tracy Robinson Others Present: Thomas Hobart RECOMMENDATION TO COUNCIL (become effective only after separate Council action): None CALL TO ORDER: The meeting was called to order at 8:17 a.m. William Cook chaired the meeting. SET DATE FOR BOB DEATSCH TERMINATION APPEAL HEARING: After brief discussion regarding the statutorily required timeframe and availability of the parties, Cook moved and Hoffey seconded that the appeal hearing be scheduled for Tuesday, January 8, 2013 at 9:00 a.m. Holecek commented that the first item of business at the hearing would be to consider a motion to dismiss the appeal. Jennings advised that as Iowa Code allows for the Commission to have its own legal representation, it has been arranged for Mike Kennedy to serve in that capacity and he has been included in all the documents shared so far. OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT: Hoffey moved to adjourn, Cook seconded and the meeting was adjourned at 8:24 a.m. ry- 4b(4) Board /Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2012 (Meeting Date) NAME TERM EXPIRES 3/27/12 6/5/12 7/3/12 10/30/12 12/21/12 Lyra Dickerson 4/7/14 X X X X O/E Bill Cook 4/1/13 X X X X X Elizabeth Cummins 4/4/12 X - -- - -- - -- - -- Paul Hoffey 4/4/16 - -- X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No Meeting - -- = Not a Member MINUTES — FINAL CITY OF IOWA CITY CIVIL SERVICE COMMISSION JANUARY 8, 2013 — 9:00 a.m. CITY MANAGER'S CONFERENCE ROOM — CITY HALL Members Present: Lyra Dickerson and Paul Hoffey Members Absent: William Cook Staff Present: Karen Jennings, Sarah Holecek, Mike Moran and Tracy Robinson Others Present: Mike Kennedy, Thomas Hobart, George Robert Deatsch and Teresa Deatsch 4b(5) nmw „� RECOMMENDATION TO COUNCIL (become effective only after separate Council action): None CALL TO ORDER: The meeting was called to order at 9:05 a.m. Lyra Dickerson chaired the meeting. CONSIDER MOTION TO CONTINUE HEARING: On the afternoon of January 7, 2013, Deatsch submitted a motion to continue hearing of the motion to dismiss and termination appeal before the Commission after being notified that Commissioner Cook would be unable to attend the January 8, 2013 hearing. Holecek objected to the continuance on behalf of the City and Hobart spoke in favor of it on behalf of Deatsch. Following brief discussion in which it was determined that a majority of commissioners constituted a quorum for conducting Commission business, Hoffey moved and Dickerson seconded that the motion to continue be denied. CONSIDER MOTION TO DISMISS APPEAL OF DEATSCH TERMINATION: After hearing testimony from both parties regarding the Cemetery Supervisor position and following Commission discussion of the evidence presented, the Commission ruled unanimously that the position of Cemetery Supervisor is a Division Head and therefore is not covered under Chapter 400 of Iowa Code. Hoffey moved and Dickerson seconded to dismiss the appeal, all were in favor. OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT: Hoffey moved to adjourn, Dickerson seconded and the meeting was adjourned at 10:34 a.m. Board /Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2013 (Meeting Date) NAME TERM EXPIRES 1/8/13 Absent O/E = Absent/Excused -Lyra Dickerson 4/7/14 X Not a Member Bill Cook 4/1/13 O/E Paul Hoffe 4/4/16 X KEY: X = Present O = Absent O/E = Absent/Excused NM = No Meeting - -- = Not a Member BEFORE THE CIVIL SERVICE COMMISSION FOR IOWA CITY, IOWA } IN RE: THE TERMINATION OF ) GEORGE ROBERT DEATSCH , ) DECISION OF CITY OF IOWA CITY APPELLANT, ) CIVIL SERVICE COMMISSION V. ) CITY OF IOWA CITY, IOWA, and ) !` MICHAEL MORAN, ) APPELLEES. On November 29, 2012 George Robert Deatsch timely filed an appeal of his November 19, 2012 termination from the position of Cemetery Supervisor to the Civil Service Commission, The City of Iowa City filed a Motion to Dismiss Deatsch's appeal to the Civil Service Commission on December 12, 2012 asserting that Mr. Deatsch was excepted from Civil Service status as a City division head pursuant to Iowa Code Section 400.6(4). On December 12, 2012, pursuant to Iowa Code Section 400.22, the City of Iowa City and Parks and Recreation Director Michael Moran also filed a specification of charges, pending a ruling on the Motion to Dismiss. Mr. Deatsch filed a Resistance to the Motion to Dismiss Appeal to the Civil Service Commission on December 19, 2012, On December 21, 2012, in accordance with the timeframe set by Iowa Code Section 400.23, the Civil Service Commission met to set a hearing on the matter of the pending motions and Mr. Deatsch's appeal for January 8, 2013. In accordance with Iowa Code, the Civil Service Commission for the City of Iowa City timely met on January 8, 2013 to hear the pending matters. Commissioners Lyra Dickerson and Paul Hoffey were present for the hearing, constituting a . quorum. Commissioner Sill Cook was absent. Attorney Mike Kennedy was present as independent counsel to the Commission to advise the members on legal aspects of the Iowa Code and procedural matters. The Commission heard a motion to continue the hearing filed by Mr. Deatsch on January 7, 2013 requesting that the hearing be continued until all commissioners could attend and waiving the statutory time limit of Iowa Code Section 400.23, The Commission first considered Mr. Deatsch's motion to continue and the appellees' objection and denied the motion to continue by unanimous vote. C C arSohne The Commission then proceeded to hear evidence on the Appellees' Motion to Dismiss the Appeal and the Appellant's Resistance. First Assistant City Attorney Sarah Holecek represented the City and Parks and Recreation Director Mike Moran. Attorney Thomas Hobart represented George Deatsch. Witnesses for the City were Mike Moran and Karen Jennings. Witness for George Deatsch was George Deatsch. DECISION The Iowa City Civil Service Commission determined that Oakland Cemetery was clearly a division of the Iowa City Parks and Recreation Department. Further, as the Cemetery Supervisor of that division, the Commission concluded that Mr. Deatsch was a division head excepted from the Civil Service statute. Concluding that Mr. Deatsch was a division head who could be removed or discharged without right of appeal to the Commission, the Commission unanimously voted to dismiss Deatsch's Appeal without hearing the merits of same for lack of subject matter jurisdiction pursuant to Iowa Code Section 400.6. -1 D 13 Lyra Dickerson, Chair Dat ry -.I c-_a ' Cl 4b(6) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION DECEMBER 13, 2012 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Baldridge, Esther Baker, William Downing, Shannon Gassman, David McMahon, Pam Michaud, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: Andrew Litton, Dana Thomann STAFF PRESENT: Chery Peterson, Bob Miklo OTHERS PRESENT: Cynthia Fairchild, Ted Heald, Amy Kretkowski, Mike Oliveira RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:20 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 818 S Summit Street. Peterson said this property was discussed at the Commission's last meeting. She said the Commission worked through the window design with the owner. Peterson said that now, on the same side of the house, the entry door is going to be replaced. Peterson showed a photo of the west side of the entrance, where there is a small, double -hung window and the door. She said the plan is to take both out and replace them with a front door that will be centered. Peterson stated that the door would be fiberglass, with a half lite and panel design. Peterson showed a colored rendering of the proposed design. Peterson said the staff recommendation is that this would be acceptable, as it is not a change that would affect the historic integrity of the building. She said the recommendation was to provide product information, which has now been made available, and for a final review and approval by chair and staff. Peterson asked about the storm door to be installed. Heald, the owner of the property, said he has learned to start with the Commission before doing any work. Peterson asked Heald to let her know what the storm door would be, should he decide to install one. Heald said he studied the guidelines. He said that the door as it exists is not three inches away from the corner of the building. Heald said it is a problem spot that needs to be corrected. HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 2 of 9 MOTION: Wagner moved to approve a certificate of appropriateness for the application for a new door at 818 South Summit Street as presented in the application, with the following condition: that the screen door information be provided, with final review and approval by chair and staff. McMahon seconded the motion. The motion carried on a vote of 9 -0 (Litton and Thomann absent). 331 N Gilbert Street. Peterson said this application proposes several exterior renovations. She showed the east side of the building, which faces Gilbert Street; the south side; and the north side on Davenport Street. Peterson said the exterior work would be taking the enclosed area of the front porch and opening it up again. She said the existing cottage window with leaded glass transom would be reinstalled in the new front wall, where it had been originally. Peterson said there would be a new balustrade between the columns that are still remaining. Peterson said that on the south side, toward the back, there is an entry door where there would be a new deck with railings added. Peterson said that on the north side, the small, one -story entrance would be removed, and the window over it would be lowered to line up with the other first floor windows. She said the exit stairs on the west would be removed. Peterson said the staff recommendation is that the exit door on the west be returned to a window. She said another staff recommendation is to follow the guidelines for handrails and balustrades. Oliveira said that on the north side of the house, he would probably have to make this thing right. He said he may have to come back and put in a fourth window. Oliveira said it really depends on how the interior lines up. Oliveira said that it will look silly to just have one window down there and not something up above. He said he is still planning the interior spaces. He said there is an interior staircase there that he is trying to take out, because there is no way to get it to ever meet code the way it sits, as it is too steep. Miklo asked about the location of the interior stairway landing. Oliveira said it would go away. He said he is looking at a new window design here with one above and one below, but he was trying to figure out if that would work. Miklo said one option would be to have the Commission approve that as an alternative. Oliveira said that on this side of the house, he is trying to get rid of that little bump -out. Regarding the front porch, Swaim asked if the two windows, one on the side and one on the opposite side, would be gone. Oliveira confirmed that and said the porch would be restored back to original. He said that when the house was built, it was a full porch all the way. Oliveira said it was modified 25 to 30 years ago. He said that right now, there is no insulation underneath that flooring. Oliveira said that is probably the last thing on his list, but he thought he might as well submit it with the rest of the paperwork. HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 3 of 9 Oliveira said the biggest issue he has right now is to get the lot next door, because there is nowhere to put a garage on the lot. He said the City has designated this as single - family, so it will be a single - family home or a rental. Oliveira said that for a single - family home, there is nowhere to put a good garage. He said that if he buys the neighboring lot at the price being asked, the house would end up being a $600,000 to $700,000 house and would be priced too high for the marketplace. Baldridge asked about the stairway on the back side of the house. Oliveira said that will eventually come off. He said he looked at putting a garage in that area, but it just doesn't look good. Oliveira said the lot is too narrow on that side, and then there would be a situation where one could not easily get to the back side of the house. Downing said that on the west elevation where the stair comes down now, there are no windows. Oliveira said that he has since decided there will be windows back there where those two are. He said that where the door is and the existing window, he is trying to make those line up. Oliveira did not have the exact measurements but said it is within two feet of center. He said that nothing in the house is centered. Downing asked if currently the basement is reached through the back stairway. Oliveira showed the door through which the basement is reached. Downing asked how the basement would be accessed if that is taken out. Oliveira said that will be gone, but the kitchen will have a door that will access those stairs down to the basement; the stairwell will still stay there. He said that to get upstairs to the second floor, one has to go around to the front of the house. He said the back stairs shown on the plan will be torn out. Downing pointed out that someone interested in buying an historic home might actually accept and appreciate that second stairway. He said a potential buyer might see that as a positive feature. Downing said it is also possible that a buyer who is looking at an historic home might not expect a big garage. Wagner said it doesn't look like the proposed front porch fits the house. He said it is not very clear from the plans what is going on there. Swaim asked Oliveira if he is planning on using the style that is on the front porch right now. Wagner asked if there were any pictures of this house prior to when the porch was removed, just to be used as a reference. Miklo said the porch did not wrap around but just went across the front. Peterson said that the porch railings would have to be new construction, and the guidelines for balustrades and handrails have designs and dimensions that are very detailed. She said the square spindle design is the most appropriate, and providing the final design for this is part of the recommendation by staff. Wagner said the fact that a lot of the porch needs to be rebuilt is without question. He said the question is how much an overhang there will be, what the soffits will be, if there will be molding underneath the fascia to the soffit to come around, etc. Wagner said the plan does not show any of that. He said the columns probably did not look like that originally. Miklo said they were probably full - length columns. He said the columns were probably changed when the front porch area was partially enclosed. Miklo said he believes the porch enclosure HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 4 of 9 went through the Commission for a Section 106 Review. He said the original proposal was to enclose the entire porch, but the Commission compromised and allowed the applicant to build the portion that now exists. Swaim said there might be photographs of this house at the State Historical Society. Wagner agreed that would be a good starting point to see what was there originally. Baldridge asked when the house was constructed. Peterson said the site inventory form says it was built circa 1900. She said it is listed as a key contributing property. Baldridge asked about the porch when this was the Shelter House. Miklo said he thought that when the Shelter House built the porch enclosure, they also boxed in the lower half of the columns. He said the details of the porch enclosure match the rest of the porch. The columns and the trim boards and roof design are the same. He said there may be a photograph for reference. Miklo said that in terms of the guidelines, square spindles, spaced appropriately, would be found in a situation like this. He said that may be what was there, although there might have been turned spindles. Miklo said at this point, staff is recommending approval subject to staff and chair approving the final details. Baldride said he appreciates the efforts made to try to save this house. Wagner stated that, considering what could have happened to this house, he is extremely pleased with the proposal. Michaud asked if, on the south side where there is a doorway on the exterior, that would go into the basement or if one has to go through the house in order to get into the basement. Oliveira said there would be a deck there, and the deck area will go into a mudroom. He said the mudroom would go into a kitchen, where one would have to walk to the north side of the house to get downstairs. Michaud said it is nice to have an exterior door to get into the basement. Oliveira said that when one opens the existing north door, there are two steps down, then a step up to get to a platform inside the house. He said at that platform, one either takes three steps up to the kitchen or goes right and four or five steps down to the lower level. Oliveira said that if he wants a door to go directly into the basement, it would take a little work. He said he designed it nine different ways, but it just doesn't look very good. Oliveira said the basement is less than six feet high. He said it is not really a usable space. MOTION: McMahon moved to approve a certificate of appropriateness for the application for 331 North Gilbert Street, as presented in the application, with the following conditions: provide product information for new windows and doors; provide product information for replacement siding and trim; provide design information for the front porch balustrade and handrails; provide design information for the new deck and deck railing; and final review and approval by chair and staff. Ackerson seconded the motion. The motion carried on a vote of 9 -0 (Litton and Thomann absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Peterson referred to the memorandum in the packet. HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 5 of 9 Gassman asked about the house on Dearborn Street and the chimney reconstruction. Peterson responded that it was a review that had to be done immediately. Miklo said the chimney was cracked and pulling away from the house. Peterson said the approval was to rebuild the chimney using the original stones in the same design, but that there was an option to change the internal structure supporting the stones. DISCUSS JEFFERSON STREET HISTORIC DISTRICT. Citv Council Meetina December 18, 2012. Swaim asked if there is anyone who could not attend the City Council meeting next Tuesday. She said the Commission really wants to have a visible presence when this issue is considered. Swaim said she feels that anyone who stands up for this issue in one way or another is also really standing up for any future effort the Commission makes. Swaim said the Commission is getting a lot of visibility. She said that as the Commission looks to the Melrose area, the Commission wants to work with this momentum, and it is a great chance to educate the public regarding what districts are about. Swaim asked Commission members to encourage people to support the Jefferson Street District. Miklo discussed the procedure for City Council consideration of this proposal. Swaim said that because there will be a great deal of public input, the slides will be skipped, but she made sure the council members received the pdf showing some of the buildings. Swaim said that Commission members could speak as citizens, rather than on behalf of the Commission. Miklo responded that would be okay but said it would be better to have the general public speak because the Council has already received the Commission's recommendation. Wagner asked why a supermajority vote of the City Council is required. Miklo replied that it is required because protest petitions were received from owners of 20% of the lot area within the proposed district. He said that for zoning to be approved, State law requires a supermajority vote if owners of 20% of the property object. Miklo stated that there are two precedents where the City Council has approved historic designation over objection. He said one was the Carnegie Library, and the other was the North Side Historic District in its second consideration. 0] 10I-] Miklo showed a photograph of North Johnson Street, looking north on Ronalds Street. He said that some of the sidewalks are in very poor condition, containing trip hazards and valleys that fill with water when it rains. Miklo said that in other places, the sidewalks are in a little bit better condition. Because of the condition of these sidewalks, Miklo said the Public Health Department has notified the property owners that there needs to be some repair, either relaying the brick or replacement with concrete. He said that staff would not want to see these replaced with concrete, but he agrees with the City Engineer that the sidewalks need some attention. Miklo HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 6 of 9 said this is a liability not only for the City but also for the property owners, in terms of being a safe surface for pedestrians. Wagner asked how it would be a liability for the City. Miklo said that if the City lets an unsafe situation continue, it would be a City liability. Ackerson said that stretch of brick is in remarkably bad shape, around 530 Ronalds. He said the other three are quite serviceable. He said they are always aided by getting the vegetation out of the cracks, which is far preferable to tearing the things out and replacing them with concrete. Baldridge said this is the basic problem of having a good foundation. Miklo said it is clear the rock base has been washed out. He said the City has a Neighborhood Improvement Program called PIN grants, which is a possibility for funding the repair. Miklo said the City does provide funding for lower and moderate income households for sidewalks, which would be another possibility if any of these households met the guidelines, with the other sources being the PIN grants or some general funding. Swaim said reevaluating 529 Brown is mentioned. Kretkowski said there are four homes that have brick sidewalks, but only three homeowners so far have received the letters. Ackerson said the fourth one is the brick sidewalk at the Shimek House on Brown Street, which is on the National Register. Miklo stated that all of these properties are within an historic district and the brick sidewalks contribute to the character of the district. He suggested that is why the Commission may want to advocate for restoration of the sidewalks. Fairchild said, in looking at the photographs, she does not disagree that some show a need for repair. She said she wanted to talk to the Historic Preservation Commission about how this whole thing came about. Fairchild said she owns the property at 604 Ronalds Street. Kretkowski presented photographs showing the two properties. She said that back in July, she received the letter stating that she had to repair or replace the brick sidewalks. Kretkowski said the provided literature identified the problems in terms of concrete. She said she spoke with the three other homeowners in the area who have brick sidewalks in front of their homes. Kretkowski said she found out she was the only one who received the letter, and her sidewalk did not look to be in any worse shape than the other sidewalks and was in fact probably in better shape than some. Kretkowski said she had wondered why she was the only one to receive the letter and wanted to know what the standard is to determine who has to replace their sidewalks. She said she contacted the person at Public Works who signed the letter and was told that the letter went out by mistake and was meant for a house at 714 North Gilbert, where there is not any house. Kretkowski said she was told she would get her letter addressing the brick sidewalks in a week. She said that a month or so later she received a letter addressing the brick, and two other homeowners received the identical letter. Kretkowski said the inspection form is dated the same date back in July. She said it is not clear to her why she first received the letter, and it seems that the only reason that the other two homeowners received the letter is because she notified Public Works that she was the only one to receive the letter. HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 7 of 9 Kretkowski said she thinks what happened is that back in July, there was someone outside the house who her husband was not very nice to, as he thought it was a solicitor. Kretkowski said she later found out this was an inspector. She said that because they were the only ones to get this letter at that time, it seemed like a bit of a retaliatory act. Downing stated that everyone in Iowa City will get a letter from Public Works eventually. He said that the City has a sidewalk inspection program whereby every foot of sidewalk is inspected once every ten years. He said that the inspection people wear City of Iowa clothing to identify themselves, so it should be clear they represent the City. He said this person may or may not have been with the City but said he would find it highly unusual for the City government employees to do anything retaliatory to a particular homeowner, when this is a system and process that is applied equally across the city. In terms of the Commission's looking at this, Miklo stated that it has come to the City's attention that something is going to happen to these sidewalks. He said the issue is what is the best outcome for the historic aspect. He said that given the difference in cost between installing concrete sidewalks and relaying the bricks it is likely that the home owners would choose to replace the brick with concrete. Wagner said that if these were concrete sidewalks with the same number of cracks, they would be spray painted all over. He said that if they are not repaired or replaced by a certain date, the City will send in a contractor or hire its own contractor to replace them. Wagner asked if that would be the same case here. Michaud said the PIN grant sounds like a way a funding the difference between concrete and brick. Wagner said that the going rate of replacing a concrete square is something like $150 a square. He suggested the City Council could hold the homeowner responsible for that amount but could pay whatever is over that. Wagner said he thought that would be a fair approach. He said the Commission wants to preserve this, but the homeowners do have a certain responsibility as well. Swaim asked Miklo to clarify sources of funding. She stated that one source was based on financial need, and the second, the PIN grant, was based on a neighborhood project of sorts. Miklo confirmed this and said a third option would be seeking some money from the general fund. He said the City Council will be working on its capital improvements plan for next year in January, and that might be a source of funding. Miklo said that because these sidewalks have value for the larger neighborhood and the community as a whole, it might be argued that repair of the brick would be in the public interest. Wagner said the Commission could write a letter to the City Council suggesting that the difference between replacing concrete and brick restoration be covered by the City. Kretkowski said it is a pretty significant difference. She said she got quotes just for her sidewalk, and to do concrete would be between $1,500 and $2,000, but to restore the brick would cost between $7,500 and $9,000. Kretkowski said she believed that was for 40 feet of sidewalk. HISTORIC PRESERVATION COMMISSION December 13, 2012 Page 8 of 9 The consensus of the Commission was that this is a significant part of the historic character of these streets. Swaim asked if the Commission wanted to encourage the City come up with some ideas for funding brick restoration. Kretkowski said she was under the impression from the e-mail from Marsha Bollinger that the PIN grant is based on household income. Miklo said that in the past, that has been the case. He stated that a PIN grant can be used for anything from the neighborhood and, especially in a case like this, would not have to be distributed to a household. Miklo said that other neighborhoods, in the past, have received PIN grants to address concrete walks, and that was based on income. Ackerson asked if the City was the initial installer of these sidewalks. Downing said that, just like now, when a new subdivision is built, the subdivision owner puts in the streets and sidewalks. Michaud said that to her, this is like the bridge on Summit Street. She said that bridge really improved the historic flavor, even though it was not original. Michaud said the brick sidewalks are just as integral as an historic bridge. Swaim said that since the City works hard to maintain the brick streets, it would seem like this would also be important. Ackerson said there is also supposedly a plan in the works to redo the brick street on Brown Street. He said the brick has been redone by the cemetery, as well as Bowery Street and Church Street. He said that Brown Street is supposed to be resurfaced, along with Linn. He said one option would be to work on these sidewalks at the same time Brown Street is being worked on. He said there will be bricks, bricklayers, people with the expertise, and the equipment to do it all at the same time. Miklo stated that it is a different kind of brick. He said that one wouldn't want to have the streets and the sidewalks torn up at the same time. MOTION: Ackerson moved that the Commission direct the chair to draft a letter to the City Council advocating the preservation of the brick sidewalks on the North Side. McMahon seconded the motion. The motion carried on a vote of 9 -0 (Litton and Thomann absent). CONSIDERATION OF MINUTES FOR NOVEMBER 8 2012 HISTORIC PRESERVATION COMMISSION MEETING: MOTION: Wagner moved to approve the minutes of the Historic Preservation Commission's November 8, 2012 meeting, as written. Ackerson seconded the motion. The motion carried on a vote of 9 -0 (Litton and Thomann absent). ADJOURNMENT: The meeting was adjourned at 6:28 p.m. Minutes submitted by Anne Schulte Z O N �p 00 UU Z OIX QWeN- U � Q N wp NZ W W re W a� VQ O H N z 0 O U O Q W N_ � O N o a� x A a E O CY O z rn _ d d E O z n Z v d N 7 K w as Q w O c d N Mo 00 6S c d CD L- a. l W Y N x x x x x o x x x o ; x r oo LU X X X x x X X x x ; X r c X x X x X x x X ; x r M x x x x x x x 0 O 0 O x x x x x x x x x 0 0; co e I x 0 X x X 0 X x X ; X N W W W W ' X X X X X X ; X O O O O X x X X ; x 0 X X ; X 0 o x x x ; o o x x o ; x N LU X X - x ; X X x X x X M x X X ; X x x X x x X ; x x x X X N 0 0 N O x X x i x X X X x x r M Iq tf> M M V qq W) M V M If) T— r r r r r r r r r r r X as o o m 0 C) o 0 o) a) a) o W W N N N N N N N N C'4 N N N F- M M M M M M M M M M M M N Z Z J Z ° W Q Q Y J W O = Z Q Q J Q U Q Y z p W N Q LL Q W W Q N Q Z p (9 Z Q N t9 Z Z O Z -i ui Z p Z Z Q Z 2 Q Q m W W Y g 0 Y m � E O CY O z rn _ d d E O z n Z v d N 7 K w as Q w O c d N Mo 00 6S c d CD L- a. l W Y 4WD MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 15, 2012 — 6:30 PM HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Andrew Chappell, Michelle Bacon Curry, Cheryll Clamon, Charlie Drum, Jarrod Gatlin, Holly Hart, Jim Jacobson MEMBERS ABSENT: Scott Dragoo, Rachel Zimmermann Smith STAFF PRESENT: David Purdy OTHERS PRESENT: John Shaw RECOMMENDATIONS TO THE CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chappell at 6:30 p.m. APPROVAL OF THE OCTOBER 18. 2012 MINUTES: Hart moved to approve the minutes. Bacon Curry seconded. A vote was taken and the motion carried 7 -0. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. STAFF /COMMISSION COMMENT: None. PUBLIC MEETING: • Discuss and Review FY14 CDBG /HOME Funding Process Timeline Purdy said the process follows the same timelines as in previous years. Applications are submitted by the third Friday in January and there are three possible meetings -one in February and 2 in March- to discuss and make recommendations. Chappell stated that the second meeting in March is not required but is arranged, if needed. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION November 15, 2012 PAGE 2 of 6 • Review and Approve FY 14 CDBG /HOME Application Materials Chappell asked if anyone had changes they wanted to make to the applications. Purdy said that staff is recommending that public facility projects be at least $50,000. He also said the City Council has been emphasizing the City Strategic Plan and staff is encouraging applicants to review the Plan. He said part of the application is the applicant indicating how the project meets the City Strategic Plan. He said that's not part of how the Commission scores the application, but he believes that City Council will be looking at that. Purdy reminded the Commission they have a lot less money to allocate this year. Chappell asked what the current estimate is. Purdy replied that there will be $587,000 available after all the set asides. Last year the commission had carry-over money from the previous year. He said last year they started with nearly $700,000 more to allocate. Chappell said he is supportive of the changes in the application outline. Chappell asked for a motion. Drum moved to approve the FY14 CDBG /HOME Application Materials. Gatlin seconded. A vote was taken the motion carried 7 -0. • Discuss and Review FY 14 Aid to Agency Funding Process and Timeline Purdy said the applications were due at United Way October 31St. He said Tracy will have them compiled for the Commission the first Monday or Tuesday of December, at the next meeting the Commission will discuss it, and on January 17th the Commission will review and formulate a budget for the $380,000 available. Chappell said he thought they could use both December 20th and January 17th to discuss the 22 applications. He said this is the first year the Commission will be getting the full application. He said he believed that the application is not made solely for the Commission, so he reminded the Commission that they don't have to study everything in the application. Drum asked if there will be some staff comments for each of the applications. Purdy said they could do that. Bacon Curry asked if there was some talk of not making this process so automatic. Chappell said his understanding is that this used to be dealt with by a sub - committee of the City Council, and through that process became almost a status quo. He said they have never received any specific guidance from Council to mix things up. He said he doesn't think that everyone has to be funded, especially with the limited funds. Chappell said from his perspective, if Council really wants the Commission to start taking a hard look at whether all of these entities need to be funded, they should give the Commission specific guidance. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION November 15, 2012 PAGE 3 of 6 Hart said she thought this Commission was chosen to provide some sort of insight into what services the City is providing. Chappell said the guidance he is looking for is from a policy level — whether the Council wants the Commission to start over and look at everything, and if so, it would helpful if either the City Manager or the Council could let the Commission know that. Bacon Curry said last year there was a concern about looking at the applications with a less automatic approval and the agencies have had no "heads up" or inkling that might be the case. She asked if agencies are expecting the same funding this year. Purdy said if the Commission wants the applicants to know there might be a different review, staff will tell them as part of the applicant workshop. Bacon Curry said it would be concern for her to pull the carpet out from under them. Drum said it would be helpful to have a history of what the commission has recommended for the two years they have been doing it. Chappell said Commission members can have the binders with all the applications or Tracy will make it downloadable. The applications with no binders took the day with the exception of Chappell and Drum. Jacobson asked how each agency requests Iowa City funding through the United Way. Chappell said there may be some applicants through the United Way that specify that they only want to apply to the City or to the County. Purdy agreed that there were several like that. Chappell reminded the Commission that they can create an addendum to the application or they can ask that additional questions be added to the application if there are things the Commission may feel are germane to their process. Consider Community Mental Health Center's Request for Project Revision Shaw said he met with members of the Center's Board, people who were helping with the fund - raising effort, and staff. He said initially they decided not to try to raise the extra funds that would have been required for the elevator. He said they have come up with a project that is absolutely focused on accessibility at the building, which was the intent of the original CDBG grant. He said this new project concept takes the south portion of the lower level of the building and makes it accessible off the south parking lot. He said the concrete ramp on site is not compliant with the ADA. He investigated replacing it with a new ramp, but it would have had to extend 36 feet back into the parking lot, when the back retaining wall of the parking lot is 39 feet, 4 inches from the building. He said when he proposed taking the ramp off, staff rebelled, saying they were lots of people who wanted to use it even if it is non - compliant and could not get into the building without the ramp. He said he intends to repair the ramp as necessary and put compliant hand and guard rails on it and repair and maintain the existing concrete stairs as necessary. He said they will spend as little money as they have to on the ramp repair but what they do is going to have to be a 15 to 20 year fix. Shaw said there would also be a new entry at parking lot level into the south portion of the building and redoing the spaces down there. He said the wood deck and stairs will be removed and new siding will be put on the HOUSING AND COMMUNITY DEVELOPMENT COMMISSION November 15, 2012 PAGE 4 of 6 entire lower level, they will create a covered entry, and establish new windows on the lower level to make the building more pleasing to look and get more light into the play area. He said they will also have some benches out in back. Bacon Curry asked if the back entrance door will be an automatic door in some way. Shaw said they can do that, but whatever they do with it will be ADA compliant. He said they will establish an accessible play therapy area and a waiting area and two counseling rooms and restroom. He said the entire project speaks to accessibility, which was the original intent of the grant they were given. He said everyone still thinks that an elevator was the best solution for this building, but given the cost and age of the building, practicality won out. Shaw said his rough estimate is that this project will be between $140,000 and $160,000. Shaw explained that the CDBG grant was for $100,000. He said that some more donations have come in. He said staff of Community Mental Health says their fund- raising is not over yet. Bacon Curry asked if there was still some intent to do a capital campaign. Shaw replied that it had always been the intent to do a bridge loan even if the capital campaign was not successful. Bacon Curry suggested an automatic panel on the entry door. Shaw said he could do that, but he wasn't sure how it would work with the outer storm door needed for weather protection. He said he would think about that some more. He said he thinks what he is proposing is a reasonable compromise to the economic problem they were faced with, and it does provide accessibility to the people who need to use the building. Chappell said he is sold on this proposal and the way Shaw has solved the economic and accessibility problems. He said he thinks this way will impact the entire building more than just an elevator would have. He reminded Shaw that Community Mental Health couldn't come back in a few years and say they had changed their minds about the elevator. Shaw said everyone involved is very clear on that. Jacobson asked if there is anything on the second floor that people with disabilities would need to access and, if so, is there a way to get them upstairs. Shaw said the only people who might have disabilities that would use the second floor are people who work there. The rooms on the lower level would be scheduled rooms so when people who might have disabilities come to the Center, they will be scheduled into one of these lower level rooms. Chappell said he thought the aesthetic improvements on the back of the building are nice. Drum moved to approve the request for the project revision for Community Mental Health. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION November 15, 2012 PAGE 5 of 6 Clamon seconded. A vote was taken and the motion carried 7 -0. Monitoring Reports • Zimmermann Smith was not in attendance to give her monitoring reports. They will be scheduled next month. FY12 Mayor's Youth — Rental Housing Monitoring Report Chappell reported that they were budgeted at $99,800 and so far have spent $49,800. He said in August 2011 they purchased the first of two lots for the rental homes project. He said the lot is in Stonebridge Estates on 80 White Chapel Drive. He said construction commenced September 1, 2011, and the house was converted on December 15th. He said four residents have moved in as of July 16, 2012. He said the second lot will be purchased in early 2013 with a target completion date of June 15th, 2013. • FY12 Successful Living — Rental Rehab. Monitoring Report. Chappell reported that they have $5,200 left in retainage of the $52,000 yet to pay out. He said all the contracted work is completed. He said the paperwork is all they have left to finalize. He showed the Commission photos of the work that has been done and read descriptions of it all. FY12 IV Habitat for Humanity — Owner - occupied Rehab. Monitoring Report Chappell reported that Habitat received $40,000, and this funding was for the accessibility of the ramps they were going to put on existing houses. He said they have been turned down by a number of mobile home court owners who would not give permission to build a ramp to code because they don't want any part of the ramp to be off a sidewalk or a driveway. He said they now have three sets of portable modular metal ramps that cost $7,144.00. He said they put a ramp at 1134 Wylde Green Road for $650.48, one at 1205 Laura Drive for $732.44, and one at 2801 Highway 6, #159. He said they have spent a total of $9,376.92 and have $32,623.00 remaining. He said it appears there will be money coming back because Habitat is not going to spend the remainder of the funding, which will go back into the big pot. Bacon Curry asked if the funds were switched to ramps because they couldn't get the weatherization done on trailer courts. Chappell asked if part of the problem wasn't also asbestos issues. Purdy said that was true. ADJOURNMENT: Bacon Curry moved to adjourn. Drum seconded. A vote was taken and the motion carried 7 -0. z O O U H z W m IL O J W W z ON Ua p N QLfCO C9�o z�(D cn E w mzCL z 0 N N 0 N z W a� 06 0 J W W W W N Z; Q N z� =z �H OQ U G z Q z N N X C W o CL` Q z° W_ YxOz X X X X x x X r co c X x X X X x X N x x x x x x x ui x O� o X X X 0 X X 0 x X X X X x x X rn x X X x X X O O O x x X X X x X X M O LLJ X X X x x x x X M O cfl x X x X X X i x x x o x x x x x a d N d' M M N M d' N w O O O O O O O O O N N N N N N N N N w rn rn rn rn rn rn rn rn rn F- J w W = J J W 2 U W J W = J z W Z O v j Q = � V J O O U) = z m w w 0 2 M F- O U Z m G X � U U 0 O N N N X C W o CL` Q z° W_ YxOz Minutes APPROVED Human Rights Commission December 18, 2012 — 6 P.M. Helling Conference Room Members Present: Members Excused: Staff Present: Page 1 of 18 Harry Olmstead, Orville Townsend Sr., Connie Goeb, Kim Hanrahan, Diane Finnerty, Shams Ghoneim, Jessie Harper, Dan Tallon. Howard Cowen. Stefanie Bowers This represents only a reasonably accurate transcription of the Human Rights Commission meeting of D,?cember 18, 2012. 4b(8) Recommendations to Council: Yes. 1) The Human Rights Commission would support the City in pursuing a municipal issued identification card, implemented in a manner to protect the safety of undocumented persons. 2) For the City Council to adopt the recommendations for signage at City fa .-ilities (see attachment). In considering the recommendations for signage the Commission would respectively request the Council to consider each individual recommendation along with the feasibility of pl rsuing signage in other languages prominently spoken in the Iowa City community. Call to Order: Chair Olmstead called the meeting to order at 18:00. Consideration of the Minutes of the November 20, 2012 Meeting: Loeb pointed out a needed correction, page 6, the town of Richmond, California and not Enrichment as stated. Townsend moved to approve the corrected minutes, seconded by Tallon. Motion passed. 8 -0. New Business: Recognition of Outgoing Commissioners Cowen and Goeb H0: Connie Goeb has been with us for three years and has had quite a bit of involvement. We do appreciate it, and we are sorry to see you go. C93: I really enjoyed it and learned a lot. I enjoyed all the Commissioners that have come through and I'll miss it. By far my favorite things were the awards breakfast and even more so the youth awards. I think I will be one of the public at the youth awards in the coming years because I enjoyed those very much, and probably the breakfast as well. I'll be thinking of you guys on the third Tuesday of the month. HO: We also have one for Howard as well. I should probably read it. It says certificate of appreciation is presented to for outstanding dedication and commitment to human rights and the Page 2of18 Iowa City community. January 1, 2010 to January 1, 2013 and signed by the mayor. Moving on to the MLK Jr. Proclamation. MLK, Jr. Proclamation SB: Each year the Commission usually submits a proclamation for Martin Luther King Jr. Day, which is on the 21" of January. The council meetings however are the 8d' of January and the 22"d of January. So if the Commission chooses to submit a proclamation somebody would need to be available on either the 8"' or the 22nd depending on what submittal date you prefer, to accept it on behalf of the Commission. HO: Do we have a volunteer? DT: What day of the week is the 8d'? SB: It's a Tuesday, they both are Tuesdays. The 8d' would be prior to the 22nd and would be the day after so. SG: The proclamation is already on record? S11: It would have to be submitted, but it's substantially similar from last year. I think I have a copy, but if not what happens is you can still submit it and the mayor will sign it, but it's not formally read at a council meeting if somebody is not there to accept it. SG: Usually you don't change it right? S11: Last year I think this one was submitted and it was a newer version, so it's only been presented once. I think it's different from the one of 2011. HO: It's real simple, just stand there and the mayor will hand it to you and you can say a few words if you want. SG: Okay so you don't have to read it. STI: No the mayor reads the proclamation yes and signs it. HO: I think Jesse would like to do it. JH:: I would love to. S11: Can we shoot for the 8"' so that it is read prior to the holiday versus after the fact? Okay. Universal Identification HO: It's in your packet as item 4 -c. S11: It actually starts right after agenda items, and there are some materials that Diane F. submitted and then some correspondence that the Ad Hoc Diversity Committee received, which includes an article and then minutes from the Ad Hoc Diversity Committee meeting where they had a member of the public who spoke about universal identification. Page 3 of 18 KII: Can I just say that the Sanctuary City Committee is also working on the universal ID cards. The scope is much broader than what I think the sub - committee on immigration would be capable of doing because that would include county services also, and potentially working with banks to have them be able to use to open account services at banks. So it's kind of spreading to a degree that I'm not quite sure we can go onboard with that at this point, unless we decide when we come to discuss the sub - committee that we could at some point could we potentially just support what the Sanctuary City Committee is doing? What are some of our options? SB: Could you repeat that? KH: Could we support what the Sanctuary City Committee is doing or should we do something separate? SEt: Yes that's an option. You could support, the making a recommendation to the city council? Yes you could support that. It's possible, I don't know if the Ad Hoc Diversity Committee is going to make a recommendation on the topic. I don't believe their recommendations are due until March of 2013. So that's an option too to see if they recommend it. If they do, if you want to add to it or take away from it. If they don't recommend it you could recommend it at that time too. It's really up to the Commission. I don't really think there are any restrictions. DF: I think where our influence comes is that it's a municipal ID card. So if they're going to the county or whomever, but what I would like is if people have enough information to make a recommendation. That we would support the city in pursuing a municipal ID card that may be more expansive than based on what the Sanctuary City Committee works out. For me this material or understanding is the basis that it's a government issued ID card that assists with opening up accounts at banks. So then working with the banks so they actually accept it, but it's the fact that its government issued and there's a photo ID on it and identifying information just gives people something to say they are who they say they are. I think some of the other places what it's used for to actually access library services. I'm not sure if that's what is needed from the city because I don't think you need like a driver's license to _ library. JR: Another thing that was identified from that an ID card was violence also because what was happening was some of the families since they knew that they didn't have bank accounts and stuff, they were being taken advantage of. So I don't think that will be an issue here, but that was some of the greater issues of why they came up with the ID card. OT: One of the things that I would like to see is we get to the point where we're going to activate the process of having a card, we need to look at the economic side. If there is an expense for people to get the card and if at all possible we can look at possible resources that will be available to help individuals who may not be able to afford the card. Dl,: Did somebody talk last week; is there an outside vendor who has handled this for other cities? Did you mention that Kim? KI-I: I did, it was an outside vendor and I don't recall if it was in New Haven, CT or if it was in California. There was an outside vendor and I'm not clear what the costs were and how that arrangement was set up. SG: Would this card then be renewable or is it just _ every so often? Page 4of18 SB: I thought in the article they might have mentioned it. HO: Diane it sounded like you were making a motion. Do you want to make a motion? DF: Yes. CG: Are people able right now, I know people that don't have driver's licenses can get government issued IDs at the vehicle place? OT: My mother has one. HO: I have one. CG: Did she need to present anything in particular to prove? OT: Yes you need to have a birth certificate and social security number. CG: Okay that's right, even for the ID cards that are not driver's license cards okay. KH: You have to have two items that support from two different, separate columns of things that you could and often times our folks don't have those. SG: That would be costly and that's where... CG: Right because I was thinking why not just charge the same a month as you would for a driver's licenses and people would have that option. OT: I think we need to be careful what criteria we use on individuals to even get a card because we're need to see a person that has a social security or something like that and we're right back to step one because a lot of people won't have it. CG: Isn't the idea that it would be like opening a utility or an account. What is it that you need to provide for a utility bill or something like that, to show what your address. I mean that's the kind of thing we're talking about here right? Where it would just be proof of residency and that would be the only proof you'd have is that you are paying bills in Iowa City or Johnson County. DF: I think if we could borrow off of other communities that have done it so they use the same categories of identification that's need _ numbers. So what the US Department of Treasury does for the individual tax payer identification number account. SB: I have the list if anyone wants to know what is on it. DF: I personally don't feel a need for us to kind of debate what ID should be used or the specifics even about the financing at this point. I love what you're saying about however the financing gets worked out if there is a cost then maybe we can figure out how to fundraise to even get that cost more nominal fee. I would just like our endorsement of the concept of a municipal issued ID that we as the Human Rights Commission support the city and strongly and moving forward with that. That would be my proposal that the Iowa City Human Rights Commission supports the city developing a municipal city ID. HO: Do we have a second to that motion? Page 5of18 DT: I'll second it. HO: Discussion? OT: I would suggest that you know when it comes to the economic part of it; you know there are a lot of churches working with immigrant population. I think basically what we might want to do is to encourage them to spearhead that aspect of it because they've got access to the money. They've got members and preachers are basically can get you know churches can get resources from other SG: A question I have. Would that be just for the immigrant community members or say other people? CG: For anybody. SB: Somebody had asked about the expiration date if that, and as Diane said I mean I don't think we necessarily for the Commission need to get that specific, but on page five of the article that was in the packet it does say that the card includes a residence, photo, name, address, date of birth, date of issue and expiration. So there must have been an expiration date issued on those. DF: And the cost is $10 for adults and $5 for kids. SG: So I have another issue. Undocumented persons are always afraid of being identified by the _. So that's a governmental issued card. How would you address that fear that they may be identified that way? CG: Because they'd be, most of these people carrying it so if you had that undocumented. SG: Well you're already identified with issues. KH: The card itself wouldn't say whether you were documented or undocumented, and one of the benefits I've heard from the immigrant community is that often times when they're stopped by police officers and they don't have a form of ID, that's when they're taken down to the police station and potentially ICE could get involved. So this would be a way for them to identify themselves to a police officer or law enforcement official in a way that they don't have available to them right now. CG: But it wouldn't prevent them from being taken in. KH: If they broke the law, no. CG: Or they're taken in just because they don't have IDs. KH: Like for a minor traffic stop potentially, that's what I've been told. OT: One of the bones I've had with the process all along is I see a lot of people getting involved doing things, but the community itself I feel should be doing more. I feel that if we can get the system in place to make the card available there are individuals in the community that are very comfortable with the city, that know what's going on. Maybe they might want to take some responsibility of organizing and encouraging people to go or even getting a group of people and Page 6of18 bringing them down because I think we've got a lot of people that have been in Iowa City for years, and they really don't understand the city or have a comprehension of the city, and I think they're being cheated. DT: I think one of the ways you could address your concern by only people who are undocumented having the card would be to encourage students to get it because students it would be cool to have a, it would connect them to Iowa City. A lot of them don't have local ID's anyway and that might help them access voting services or feel like more of a resident. I think there might be a lot of opportunity to expand who carries it, so it wouldn't just be undocumented. SG: My brain goes to the time when before the election when our wonderful Secretary of State wanted to, in my opinion anyway, , and how you can target and identify who can vote and who cannot. I'm just very aware that once you get your name in a system electronically you know you can get identified whether you want it or not. OT: I think that's another reason that the community needs to work to strengthen itself because you can tell me, I can go to the poll and vote and you can tell me I can't vote. If I'm frightened and let you run me away I won't vote, but if I stand my ground you can't stop me from voting. SG: No I was thinking of the other way around though, that if these names are undocumented or in a database, they can be identified by the government. KH: I'm not sure that they would collect that information at the time that they issue the card, whether they're documented or undocumented. It really is to provide access to services and remove barriers for everyone. So if it could be distributed more widely that would create OT: That's a good question. I think that needs to be clarified exactly the information being given and how is it going to be handled. HO: Would this be for adults 18 and over or? DF: The other ones have kids and adults. DT: I like the adult version of this card that it talks about in the article. It's a loadable debit card as well that can be used to pay for parking and bus services and things like that. It would probably not be practical maybe in this situation, but it would be pretty cool if you could just like swipe it on the bus. Well using it for the bus could also expand like if you could put it as your bus pass as well then it would expand the people that want to get it. KH: And eliminate the need to have paper versions of bus passes. HO: Okay we have a motion on the floor and it's been seconded. Any further discussion? DF: I would put an amendment on it that we support it and implement it in a way that provides the greatest amount of safety to undocumented people. HO: Do you accept that as a friendly amendment? Dan? OT: I have another question. Did anyone see in the material where it states negatives associated with this card that can work against the individual? I know there are a lot of pluses, but did I miss the negatives? Page 7of18 KH: I did say that I went to a website and it had questions. It was an open site for questions and comments. I think the more you expand the reach of the card the more complexities come with it, and the more opportunities for some negative application or consequences. Prescription drugs they use them for here, and so I'm not sure just for using it for municipality services, I'm not sure that there is OT: My concern about that is negatives can go both ways, go against the person or the person can abuse the card. I think a way to keep a good handle on that is we might want to take a look at restricting how the card can be used because the , the freedom of the card the more chance for problems. I know we definitely need to have something that will identify the person and tell everybody this person is okay. He or she can get a book out of the library you know, but I think all that other stuff you may be opening Pandora's Box. We need to consider that. KH: Can you clarify for us Stefanie we make the recommendation and then city staff is the one that really researches? SB: Based upon the council's direction of the recommendation. DF: The only other thing I'd add in terms of the community support I know would be the Immigrant Voices Project is in support of this initiative. 1 know the people pulling together to work with justice and the immigrant leadership are supportive of this. Sanctuary City is supportive of this, so I know that there are community members that are that support this initiative as well. SG: We need to educate them as well if there is any downside to it too because on the surface it's wonderful, but like everything else it's associated with an ID card. There must be some other eventually hidden issues that we ourselves don't know, and I don't know how you get that _ HO: Stefanie would you reread the motion and amendment? SB: The Human Rights Commission would support the city in pursuing a municipal issued ID implemented in a way most friendly to undocumented persons. DF: I think friendly is a big word, but I was thinking safety issues which we also talked about accessible and so. SG: I would put something regarding the safety issue even if it's just a word. DF: Implemented in a way that not increases but... KH: Are you wanting to protect? DF: To protect the safety of undocumented HO: Okay you're heard the motion is there any other further discussion? Hearing none I'll take role on this. Motion passed. 8 -0 Old Business: Immigrant Subcommittee Page 8of18 i. Spanish Signage Recommendations for City Services (packet item 5 -a (i)) KH: The subcommittee met and edited the rough draft. Of course the best recommendation is to do all city signage in multiple languages. We had a discussion about why Spanish was spoken. Did you have a chance to find that? SB: I have the report. The source is the University of Iowa fall 2008 profile of international students and scholars. Also it states 2007 American Community Survey, so not the most recent stats being that it is 2012. KH: Because at that time the Spanish speaking population was the third largest in Johnson County. SB: This is a report that transit did, but the first table represents persons in Johnson County who reported speaking English less than very well. The number one language for that was Spanish. So this is self - reporting. The other table represents U of I international students and scholars by world region. So it's not definitive on any recent languages that may be more prominent in the community than others. SG: Isn't Spanish the most commonly second language in the United States period? I think so. KH: So that discussion was prompted by what could be the argument against and why did we choose Spanish instead of another language. But again as we've discussed here choosing Spanish for the first language is a good start and maybe we can consider something after that. HO: It's also the largest population expansion in this county. Okay do we need a motion for this Stefanie? Proceed or what? SB: Well because the subcommittee is making a recommendation to the entire Commission to accept these recommendations. So to answer your question yes. HO: Do I have a motion to approve the subcommittee's report? SG: I'll make a motion. CG: I'll second. HO: Any further discussion? DF: I have a couple of questions. One is I thought oh this is what they discovered on their walk, how exciting. I'm very proud that this would be our municipal building and the signage in Spanish, and then I realized oh no this is the recommendation of what should be done. But it was this really fun feeling of what a different place it would be if it was there. So that's really great. Did you intentionally have anything with the police department left out or? KH: Intentionally just because it was decided I thought at one point to separate that out as a separate issue Diversity Ad Hoc Committee. HO: Any other further discussion? OT: I agree that Spanish is a large population and it would make sense to have interpretation you know for that language. But I think we might want to be sensitive to other groups. We have a Page 9 of 18 situation where we're dealing with economics. We can't afford to just go out and spend money getting things interpreted, but I think we might want to word it so that we're saying that this is the first step, and that future decisions will be made based upon the usage and population, the usage and amount of people attending public meetings or whatever. So that it's understood that we're just not saying we're going to do Spanish, but what we're saying is that this is the beginning and we will act as appropriate as we go along. DF: I almost thought that if signage is going to be reprinted it would be very cool to encourage even four languages. I mean think about what the major ones on the signage, but may get some of the more translated like the applications start with Spanish. Signage is going to cost some money to get some signs reprinted, so wouldn't that be cool at the same time to have it multiple languages. I'm also wondering is there any way that the language department at the University could assist in this about not so much maybe detailed translation, but some of the signage stuff shouldn't be a difficult translation. Get it and then vet it by some of the _ _ accessible. I would echo that the part of this that would make the recommendation to start more of a detailed translations of applications and documents, start with Spanish but we say this is the beginning. I wouldn't mind entertaining whether we recommend multiple languages on the signs. Like if that revenue sign is reprinted that will cost some money. Wouldn't it be cool if there were lots of different languages? SG: So what I hear everyone saying that it would be large signs like this one say the revenue, but also the documents themselves would be in Spanish. Is that correct? SB: That's what the recommendation is asking for. KH: Could we add something that says we will continue to reevaluate future needs for language translation services or something along those lines. HO: Except I think Diane saying that while they're making up the signs now that we should probably recommend three or four languages at this time. Diane do you know what those languages should be? DF: I don't know the communities well enough, but certainly like Mandarin Chinese would be one, Arabic could be one. So Spanish, Arabic, English, Chinese is my guess. HO: Could we put into the report the consideration of other languages should be pursued? CG: Because otherwise it will take forever to get, I mean now you got this and it's settled and then you go back and do another one. I think this is the route we were trying to reach and that was kind of the scope of your project. I would think it'd be better to stick with that than to expand it, other than maybe say aspirational we think it should be pursued. OT: I would suggest that we plant the seed and let the pollination process begin. KH: Is that clear Stefanie? SB: It is, was there a second on that? I have the first, you did the first. Was there a second? CG: I made the second. Page 10 of 18 HO: You've read the recommendation with the addition of consideration for the language to be inserted into it. Any further discussion? Hearing none I'll take role. Motion passed. 8 -0 SB: I think just for purposes of being clear, I believe this vote was for the Commission to accept it, so if you want to make a recommendation to the city council I would make that specific. HO: Separate motion okay. Do we have a motion to that effect? DT: I'll make the motion. KH: I'll second. HO: This is to make recommendation to the city council for the recommendations that have been brought forth by the subcommittee. Any discussion? OT: I guess at this point I would like to refer to Stefanie in terms of any concerns she may have about this or anything we need to look at before we proceed. SB: Well one I'm not sure if the council will piecemeal these recommendations or wait until the Ad Hoc Diversity Committee has made all of their recommendations. I'm not sure as far as time, and that's just my personal opinion just so that if it's January it may not have been discussed by the city council. The thing that I've spoken with Kim about is just because this is the Human Rights Commission, and wanting to make sure that you're being inclusive and not exclusive so that other groups don't feel that they've being slighted. So that's just something to be mindful of, but the recommendation did discuss other languages to be pursued so. So that was just wanting everybody to feel welcomed at city hall and not you know kind of putting one community above another. SG: Regarding persons with disabilities do we have documents in braille? SB: Some documents I know we have. I mean it just depends, for every department there should be things in place for each division, department that would address any needs that somebody may have to access city services. OT: When it comes to disability I don't think we have to worry because the Americans with Disabilities Act you know has set requirements and standards that must be adhered to. KH: I had a question. Given that we've just considered the ID cards I just wanted to be removed from the recommendation. SB: I don't see any harm in keeping it there. What I would probably just suggest is adding that amendment and I'll make a note of that. KH: The other thought was to request that the city council review each recommendation individually rather than collectively so that they don't just throw it all out and instead consider each one. SB: So that would need to be part of the motion. HO: So do you want to do that as a friendly amendment? Page 11 of 18 KH: Please. HO: Okay you accept that Dan and Shams? SG: Yes. SB: Can somebody restate the entire motion? SB: To recommend to the city council to adopt the recommendations. It was a very simple one, but I wasn't sure with the addition how you wanted that exactly worded. KH: Does it make this much more complex if I were to add that? SB: No, just how you want it worded that's all. KH: I would request that the city council consider each individual recommendation. OT: So are you saying that they would look at each recommendation individually? KH: Yes. HO: Does everybody understand the motion that's before us? Hearing no further discussion I'll take role. Motion passed. 8 -0 HO: Is there another meeting planned for the subcommittee? KH: We haven't planned another yet. We had two in December so it will be next quarter. Updates/Reports: World Human Rights Day & Proclamation HO: I attended the city council and the mayor read the proclamation on December 40' and I'll pass the proclamation around and its part of your package as well. On Human Rights Day several things happened. There was a gathering at the Old Capital in the senate chambers inside and we tried to get the mayor to read the proclamation, but he wasn't available. I pursued that and he had another prior engagement, and so I took and read it. There was an article in the Daily Iowan regarding the Human Rights Day and my reading the proclamation there on behalf of the Human Rights Commission. That's about all I have to report on that right at this point. Any questions? SG: I was just going to add that I came unfortunately and I missed Harry's reading, but I was there for the rest of the day. It was good because there were so many different groups that heard you because they came from all across campus, different groups that are addressing the issues of Human Rights. So I found that not just the mayor accepted it, but it became more like an awareness raising about what the Commission is doing. HO: Right, they took and read the whole document of the Declaration of Human Rights one section at a time, and then somebody from an organization on campus a representative of a human rights group spoke about their group and told people what they did. I thought it was quite interesting, Page 12 of 18 and I was very interested in the number of groups that are on campus dealing with human rights. It was good to see. KH: Shams thanks for all the work that you did or whoever else was involved in editing. Thank you so much. Ad Hoc Diversity Committee OT: We have been doing a little planning of terms in reaching out and getting out into the community. We had the program at the library and it was well attended and productive. Certain communities were not there so we're going to have sub groups to have meetings in the community. We're going to have a meeting in both high schools, City and West, Pheasant Ridge, but basically to get feedback. The feedback will be pertaining to the two choices we had about transportation and . So hopefully we'll be getting more information. HO: How are you going to publicize that? OT: It will be coming out Marian the city clerk is going to take care of that whether it flyers or newspapers or what. The meetings are going to be in January, like the 8"' or 9r'' or 10`". HO: Any questions or further discussion? We appreciate Orville being on that committee. SG: Instead of a draft form just, I'm involved with other local groups and the school district is putting together a diversity format. There is something about a discussion regarding how to address issues of low income, social economic students. We were sort of still looking into it with the group I'm with, and I really think, I hope before it becomes final somehow if you can, can you get information from the school board about that, forms ahead of time? The language that I saw today was not very good. I wasn't the only one in the group that felt that way. So I just wondered if you could jump ahead. KH: I mean because it's not very clear because actually what they want to do is try to redistribute and they want to get the high schools at 50... SG: And the technology used is not good. KH: Right and the elementary are within 15 points of each other. SG: They're using a word that should not be used in that context. OT: I'll tell you what Joan Vandenberg is on that Ad Hoc Diversity Committee. Why don't you send me an email just outlining what you want, and then basically I'll ... SG: Address issues of diversity, it shouldn't always be social economics, but apparently because of the Supreme Court decision you cannot say you have to either define or ethnicity or racial issues as a part of diversity. The only word they can use is something about the social economic status of the students. So I don't know how we can get that information to also address issues of ethnic racial diversity. DF: I think the challenge might be Ad Hoc Diversity Committee wouldn't have any purview to go into the school districts. Because it is municipal police, transportation. Page 13 of 18 KH: The school board has for the first time three different times (multiple voices) SG: Yes if maybe Orville you would be able to attend and if there is a time for public comment, be aware of the language. I don't know how they can do it because I was told that they cannot put in the language anything about ethnic racial diversity according to the law. Now it has to be _ social economic, but they're using words like minority, which doesn't make any sense to me. OT: I'll get with you so you can give me more specifics so I know exactly what I need to talk about. I think Diane has a valid point you know Ad Hoc Committee is not likely to be able to address that because it's a school district thing. It's going to be interesting to see what type of _ comes out of the meeting with the students at City and West. KH: Is there any way that you can include Tate students that OT: I could, but I'll email Marian and ask about that possibility. KH: Because often times the students are the most marginal OT: I'll email her and indicate that this came up at the Human Rights meeting and a request. SG: Something else you said Orville the last time about the meeting that you had a good turnout, but it wasn't too many members of the African community. Were you able to address that? OT: The way we're going to address that is the meeting, you know when we have the meeting at City High School and West, and we'll be talking with the students. Then the meeting at the _ you know and then at Pheasant Ridge I think we'll have a cross section. Building Communities OT: We met today and we have basically been collecting names of blacks in the community that might want to form a group to work to address issues in the black community. We have a meeting set for I think its January 300' and invite them to come so that we can sit down and discuss this, and anyone that wants to proceed with us basically we'll see if we can get a commitment from them. When we get the group together then the group will start identifying issues and setting goals that we want to accomplish. We've the ground work set and now it's just a matter of getting everybody together. Jess do you have anything that you'd like to add to that? JH: Yes you've hit it right on the head as far as what the purpose is. One of the main reasons for this group is we're trying to identify an African American community because what we are finding with a lot of issues that are coming up there is no clear leader. There is no one person someone can turn to. A lot of our African American families are not aware of their rights or where they can go for assistance. So if we can establish some type of community where people can get the information and feel comfortable with the information, we think things will flow better. So you know and actually the date it actually was February cause the dates were close. It will be February 7t'' actually, but again that's the purpose of the meeting because we want to establish a community. We are very hopeful for that, and like Orville said, we had great groundwork today. People were sharing great ideas. We found out new information pertaining to the families that we're working with. HO: Where are you planning on meeting? Page 14 of 18 JH: It's either going to be the Coralville or... SG: It's the Iowa City Library. OT: The direction we want to take is the black community needs to become more involved in our future, and basically you need to have individuals from the black community to be more committed. One of the things we definitely need to do is we need individuals to start communicating more and working cooperating working better. We've got a lot of resources, but you know for some reason everybody is doing, you could have four people doing the same thing. We've got to do a better job of communicating and hopefully this is going to take off and we can identify some issues, and actually do some planning and start that's going to expand. KH: How are you recruiting or identifying key leaders in the community? OT: I ask each member of the committee to submit names and we'll start off with those individuals and as we get that going then we'll extend invitations to others. It's looking pretty good right now. KH: So like Fred Newell's name came up? SB: He's on the sub - committee. KH: Chuck Taylor? OT: Yes his name was included. JH: What we're trying to do is establish the core, the inner circle first before we start to you know kind of spread out without necessarily having everything together in- house. From previous experiences we found that if we start to include so much without having a clear what we're trying to do, we get shot down quickly and then the work has just been done for nothing. Orville has brought up many times during our meetings that these types of programs have happened before, but for some reason things started to fall, and then we're back at square one. So we're trying to take a different approach to have a stronger foundation this go around. HO: Any other discussion? SB: I just want to mention that the event is open to the public and anyone can attend. CG: So did we decide what the date was? February 7h? JH: Yes. SB: That's tentative because you have to reserve and get a confirmation and I have not gotten a confirmation, but I'm 95% sure that will be the date. Sometimes they block rooms even though you can't see it on the calendar. KH: Where will it be? SB: The Iowa City Public Library. University of Iowa Center for Human Rights Page 15 of 18 HO: A lot has been happening and there is a lot of good coming out of it. For those who may not have seen this was in the Daily Iowan as well as in the Press Citizen, full page. I was quoted and just for a matter of transparency I will read what I wrote. Here I am as the chair - person of the Iowa City Human Rights Commission. The University of Iowa Center for Human Rights is developed a unique relationship between the University and the community through such programs as One Book, One Community, Child Labor Education, The Rights of Undocumented Immigrants and many fine ventures, workshops and movies all made available to the citizens of Johnson County at little or no cost to our citizens. We must support the efforts to keep The University of Iowa Center for Human Rights open. SB: What day was that in? HO: That was on the 10"', on Human Rights Day. We met with the provost yesterday, the executive board of the Center and I was included in that meeting. The provost brought some good news to us, and I am not at liberty to discuss the details of it because we want the provost to make that announcement, but there is some good coming out of all of this. There was on December 5"' the students organized a demonstration, which you may have seen in the paper as well as on channel nine covered it. Howard and myself were down there, but I don't know if anybody else was there. We protested in front of the old capital and then we marched over to Jessup Hall, which is where the President of the University Sally Mason has her offices and chanted out in front. So it comes to light that there is some need to keep the center open and I guess I can assure... SG: There was pressure. HO: A little pressure. I can assure that the center will remain; it may not be the same identity as it is now, but it will remain in a form. Probably by next meeting you will all hear in the news what's going on. Commission DT: Nothing SG: The Consultation of religious communities every year has an MLK event. They are going to do the same thing this year. So as soon as the program comes together I'll send it to you, but it's usually inter -faith readings. There is also a faculty member who is a Muslim who is going to music and reading specific verses from the holy Koran that goes hand in hand with the theme this year, which is justice and equality. HO: Do you know where that will be held? SG: I'm going to get more information. Tomorrow the CRC is meeting and they will come up with a time. I'll send it to you. DF: I'm very excited about the development of a worker justice center that's coming up Immigrant Voices Project, and there was a meeting scheduled Thursday, but it was postponed until February and I don't have that date. It's a very exciting initiative, the big communities, labor unions, university community activists that are involved in making this come to be, and they've but in a 501 (c) 3 so there's a non - profit status. They are getting some grants and it's very exciting. It's just this power of the community coming forth and making it happen. The next meeting is in February, but if anyone else is interested I'd be glad to share. Page 16 of 18 JH: No. OT: I would just like to extend an invitation and a challenge to the Commission. That is collectively we possess a lot of resources and the invitation I would extend, which is also a challenge is that we all have our own individual groups or agendas and things that we want to push. We have like the black community to me, that is my priority, but that doesn't mean that if someone else is working on an issue that I can't work with them to make that happen. This is just not about the black community, it's about the community. So I'm hoping that in the future we can do a better job of working with and supporting each other, and communicating more with each other. That's all. KH: No. CG: Nothing HO: I saw a commercial and it was very disturbing on TV the other day. It was from Kraft Foods, which one of the subsidiaries is Jell -O. It was about the Mayans and the Mayan ruins, and I went online and found there is quite an interest about this commercial that they were very culturally insensitive to what the Mayans have done. It was regarding the December 21St, the end of the world, and how they had these explorers that went up the Mayan temple ruins, but the commercial at the end it was, they talked about how the Mayans sacrificed to the gods and they went up and they put this big package down and opened it up and it was Jell -O pudding and he said I would sacrifice this to the Gods. I thought it was just very culturally insensitive. So I encourage anybody that could either write or call Kraft Foods and complain about the commercial to do so. There is more information online about it. Staff SB: I just want to follow up with a question that was asked at the last Commission meeting concerning anonymous correspondence. I spoke with the city clerk and she said if anonymous correspondence is received for the city council that it is destroyed and not included. So that was something that I don't remember who had the question now, but I remember somebody had asked about that. I did speak with the city clerk to see how that's handled. So basically there is no anonymous correspondence. SG: Whenever I send something which I have in the past, a letter to the board, it always says you have to identify your name, your address and your contact information, and that it is going to be public. HO: Stefanie regarding the status of complaints. You have one here that has gone to a judicial review. The complainant alleges that he was discriminated against due to disability. Does that mean it's going to the courts or? SB: No it just means that they've asked for further review. If a complaint is administratively closed or as I call it ac. The compliant can appeal. Somebody can object to that and that would be what that is, but it would stay with the office. HO: Anything else Stefanie? SB: No I don't think so. Page 17 of 18 Next Reeular Meeting — January 15, 2013 at 18:00. Adiournment• Motion to adjourn at 19:03. Page 18 of 18 Human Rights Commission ATTENDANCE RECORD 2012 M eting Date KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting /No Quorum R = Resigned - = Not a Member TERM 10/1 11/2 12/1 NAME EXP. 1/17 2/21 3/20 4/17 5/15 6/19 7/17 8/21 9/18 6 0 8 Dr. Howard 1/1/13 X X O/E X O/E X O/E X O/E X O/E O/E Cowen Constance 1/1/13 X O/E X X O/E O/E X X X X X X Goeb Harry 1/1/13 X X X X X X X X X X X X Olmstead (8 -1 -2010) David B. 1/1/14 X O/E O/E O/E R R R R R R R R Brown Diane 1/1/14 O/E X X X X X O/E X O/E O/E X X Finnerty Orville 1/1/14 X X X X X X X X X X X X Townsend, Sr. Henri Harper 1/1/15 O/E X O/E R R R R R R R R R Kim 1/1/15 X X X X X X X O/E X X X X Hanrahan Shams 1/1/15 O/E X X X X X X X X O/E X X Ghoneim Jessie 1/1/15 - - - - - O/E X X O/E X O/E X Harper (Appointed 6-5-12) Dan Tallon 111/14 - - - - - - - X X X O/E X (Appointed 7- 31 -12) KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting /No Quorum R = Resigned - = Not a Member Attachment Human Rights Meeting Minutes 12/18/12 To: Iowa City Human Rights Commission From: Subcommittee on Immigrant Human Rights Date: December 12, 2012 Background: The Iowa City Human Rights Commission (ICHRC) in response to community concerns on the plight of immigrants in the Iowa City community made nine recommendations to the City Council in the fall of 2011. The City Council did not reach consensus on many of the recommendations but did request the ICHRC proceed on the two cited below. Recommendation 4) Increase Access to City Services by Immigrant Communities, particularly those identified as most -used in the "We Are Iowa City" survey data. As discussed above, it is clear that several City services are currently accessed and appreciated by local immigrant communities. Given the connection that currently exists, we recommend that these services increase outreach to non - native English speakers by developing brochures and resources in other languages. For example, we encourage that a version of the Recreation Services program and policies be offered in at least Spanish, and that signage in more than one language be posted in the facilities. Recommendation 10) Create a Standing Immigrant Review Committee: Given the well-founded reluctance of many people in the immigrant community to come forward with concerns of rights violations and /or recommendations for community improvements, we recommend that the IC Human Rights Commission create a stand- alone subcommittee focused on reaching out and serving as a vehicle for the voices of immigrants living in Iowa City. This committee could include membership from the IC Human Rights Commission (2 members); the Police Citizen Review Board (1 member), members at large (2 members to be appointed by the Iowa City City Council), and 3 -5 members of the local immigrant community. Details for how often they would meet and how they would channel their recommendations to the City leadership are left to be developed, but we encourage this committee as a conduit between the community and City leadership, since such a connection does not naturally occur in our current system. The ICHRC established The Subcommittee on Immigrant Human Rights (IHR) in February 2012. The purpose of the IHR is to be a voice for those immigrants in the Iowa City community whose voices may not be heard and to convey their concerns to the ICHRC, City Council and City staff. Giving immigrants the support and encouragement to come forward and speak for themselves. On September 18, 2012 & October 9, 2012 members of the IHR including Commission member Kim Hanrahan met with the Human Rights Coordinator, Stefanie Bowers, to tour City facilities. Hanrahan and Bowers were the only native English speakers participating in the tours; other participants were native Spanish speakers. The tours were arranged to determine what signage in Spanish would be most helpful in navigating City Departments. The Public Library, Robert A. Lee Community Recreational Center, City Manager's Office, Cashier's Desk (Revenue Division), Police Department, Personnel, Main Information Desk (City Hall), Housing Authority and Human Rights were all visited on the tours. What follows are the recommendations based upon the two tours. 1 Recommendations: Cashier's Desk (Revenue Division) 1) Signage that announces department in Spanish. 2) Brochures /handbills in Spanish available at the counter that describe and explain the services offered at the Cashier's Desk. 3) All flyers, signs or notices affixed to bulletin board (to the right of the counter) posted in Spanish. City Manager's Office 4) Handouts on permit process and application for permits available in Spanish. Robert A. Lee Community Recreational Center 5) Activity guide published in Spanish. 6) Activity guide published in Spanish distributed throughout the Latino community in Iowa City. 7) Signage at checkout desk in Spanish. Signage in Spanish should include what forms of identification are required to utilize specific services. 8) Signage in Spanish in upper level notifying of services located on that level. Public Library 9) Visible "Check Out" signage in Spanish 10) Brochures or handbills in Spanish explaining library services. 11) Signage in Spanish identifying the Children's Area. 12) Library Calendar of events available in Spanish in a printed format. Iowa City /Johnson County Senior Center 13) Program guide published in Spanish in a printed format. 14) Calendar of events published in Spanish in a printed format. 15) Programming reflecting the ethnic and cultural diversity of Iowa City. 16) Outreach to immigrant communities notifying of the services and programs offered at The Center. Information Desk (City Hall) 17) "Main Lobby' signage in Spanish. Additional Recommendations related to City Services in General 18) Mandatory employee training on how to use the Language Line Service. 19) Signs for Language Line larger and more visible in all departments. 20) Pamphlets or brochures published in Spanish that explain the function of City Government available in a printed form. 21) Pamphlets or brochures published in Spanish that explain City Services and the function of each department. Materials should include specific sections on refuse collection, recycling and how to read a water bill. Pamphlets or brochures should be available in a printed form. 22) Universal Identification Card that can be used as identification for all City Services and at all City Facilities. -Tnr-fr� MINUTES APPROVED PARKS AND RECREATION COMMISSION NOVEMBER 14, 2012 ROBERT A. LEE COMMUNITY RECREATION CENTER — MEETING ROOM B Members Present: David Bourgeois, Clay Claussen, Maggie Elliott, Allie Gnade, Cara Hamann, Lucie Laurian, John Westefeld, Joe Younker Members Absent: Aaron Krohmer Staff Present: Mike Moran, Chad Dyson, Terry Robinson, Beth Ann Bitner Others Present: Becky Couch, Lorna Fesler, Jeannette Fulton, Gregg Geerdes, Dell Holland, David Minehart, Jeff Schabilion CALL TO ORDER The meeting was called to order at 5:00 p.m. by Chairman Claussen. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Moved by Laurian, seconded by Bourgeois, that Parks & Recreation Commission recommend that Council consider the aesthetics, danger to bikers, walkers & runners, and the risk of increased danger of damaae that displaced water may cause to City Park and surrounding areas when choosing a method of flood mitigation. Motion passed with 6 approved, 2 opposed, 1 absence. Moved by Laurian, seconded by Bourgeois, that the Parks & Recreation Commission opposes the construction of a levee of any kind in the area of Taft Speedway. Motion passed with 6 approved, 2 opposed and 1 absence. OTHER FORMAL ACTION TAKEN: Moved by Westefeld, seconded by Bourgeois, to approve the September 11 2012 minutes as written. Motion passed 8 -0 with Krohmer beina absent. PUBLIC DISCUSSION: Gregg Geerdes, resident at 890 Park Place in the Normandy Drive area, shared with Commission that the City Council accepted the executive summary of the Flood Mitigation Study Alternatives Report at their October 23 meeting. The Council will make a decision regarding the options at their November 27 meeting. Geerdes encouraged the Commission, as stewards of city parks and other recreational facilities, to take a stand against the proposals and let their position be known. He noted that his two main concerns are the aesthetics of a flood wall and its effects on City Park and the neighboring properties. Chairman Claussen then invited the Commission to discuss further. Laurian noted that it is her theory that levees do not work, that they are all eventually breached. Claussen also noted that it is his belief that if water is contained in once place, it will eventually PARKS AND RECREATION COMMISSION November 14, 2012 Page 2 of 6 make its way to the other. Younker asked Moran if there was any discussion at City Council of concerns that a flood wall could encroach on bikers, walkers, and runners along Taft Speedway. Moran said that there was not and he was not asked for any input. Elliot questioned whether this project is the purview of the Commission. Claussen noted that while which option is chosen as flood mitigation may not be, the aesthetics of the park certainly are. The general consensus of the Commission was there should be no buildings in flood zones and all levees eventually are breached. Moved by Laurian, seconded by Bourgeois, that Parks & Recreation Commission recommend that Council consider the aesthetics, danger to bikers, walkers & runners, and the risk of increased danger of damage that displaced water may cause to City Park and surrounding areas when choosing a method of flood mitigation. Motion passed with 6 approved, 2 opposed, 1 absence. Moved by Laurian, seconded by Bourgeois, that the Parks & Recreation Commission opposes the construction of a levee of any kind in the area of Taft Speedway. Motion passed with 6 approved, 2 opposed and 1 absence. CHADEK PROPERTY DISCUSSION At the September 11, 2012 Commission meeting members made a motion to consider a partnership with the Friends of Chadek Park and Community Gardens to purchase the Chadek property as parkland with part of the funds coming from the City and the remaining funds from fundraising with a price to be determined based on new appraisal of the property. Moran noted that if Commission agrees to this arrangement, they would have to go to City Council to ask for a $280,000 commitment. Moran, Minehart and Jehle met with City Attorney Eleanor Dilkes who stated that there would have to be a contractual agreement between the City and the Friends group. Bourgeois said he would like to see the funds raised first. Haman expected there to be another appraisal done prior to Commission making any motion. Moran stated that getting an appraisal is an option. Claussen noted that if a price is agreed upon, an appraisal will not be necessary. Minehart has held off on the 501(c)(3) application until he finds out what Council's decision is. The groups' deadline to raise the funds is three years with the option to extend six months. Lorna Fesler noted that she thought that these two parts (funds from the City and from the Friends group) needed to go hand in hand as they would not want to raise the money without a commitment from Council. Moran said that if Commission decides to move forward, that he would ask for a commitment from Council prior to a contract being written. Gnade raised a concern that it was her understanding that there was some conflict within the group regarding the purchase price, that some were not aware that there was such a spread between the City's initial appraisal and the Chadek family's appraisal. Younker asked Moran if he had any concerns of another better project coming up where this amount of money may be better spent. Moran stated that the Chadek property is ideal for a park, that it fits well into the neighborhood and that there is a need for parkland in this area. He doesn't see it as a concern. Elliott asked if the Commission was in agreement on the purchase price, noting Krohmer's concerns brought up at the September meeting. Moran noted that this is the price that has been agreed upon by the Chadek family. Becky Couch noted that she too thought there was PARKS AND RECREATION COMMISSION November 14, 2012 Page 3 of 6 going to be an appraisal available at tonight's meeting. Claussen noted that the City may still ask for another appraisal. Moved by Laurian, seconded by Hamann that the Commission request that Council work out a contract with the nonprofit group to establish the parameters and terms of a financial commitment for purchasing the Chadek property for future parkland. Motion passed with 7 approved 1 opposed and 1 absence. Gnade noted that she would like to see another appraisal prior to agreeing on an asking price. Younker asked that there be an amendment to the proposal laying out the idea that the City matches funds in the amount of $280,000 from the City and $280,000 from the nonprofit group. Moved by Younker, seconded by Laurian, to suggest that Council consider the proposal submitted by a nonprofit group to purchase the Chadek property through matching funds to include $280,000 from the nonprofit group and $280,000 from the City with the terms to be determined. Motion passed with 6 approved 2 opposed and 1 absence. Moran noted that he will request the presence of Minehart and Jehle at the Council Meeting when this is discussed. DEPARTMENT REVENUES Moran stated that the proposed revenues for the Parks and Recreation Department will be presented to Council at their December meeting. The City Manager has noted that he would like to see the Farmers Market become completely self- supporting. Therefore, the vendor fees would likely need to be increased to cover the percentage of Tammy's time and salary that is dedicated to the market. Moran noted that the revenues from the market will likely decrease as the Grant Wood Market will be held in March and April only and not throughout the winter as it was last year. Moran noted that he would recommend that shelter rental fees be increased again this season. He also noted that the City Park Rides projected revenue will be added to this report prior to presenting to Council. He mentioned that there will be discussion at a future meeting of staffing option for the City Park Rides. In the past, the ride employees have been contracted through various organizations. The department will be looking at whether it may be more cost - effective to hire their own staff to run the rides. Dyson noted that the department is looking at increasing the self - proposed mandate of recovering 50% percent of its costs through registration fees. NEIGHBORHOOD OPEN SPACE: While there were no projects to speak of this month, Moran distributed a copy of the neighborhood open space policy along with a map of the districts. He explained to Commission that when a new subdivision goes in, a portion of the property has to be designated as parkland. The City then has the option of accepting the land or fees in lieu of land. If choosing fees, this money has to be spent within a certain time frame or it will go back to the developer. PARKS AND RECREATION COMMISSION November 14, 2012 Page 4 of 6 Moran also distributed to Commission a copy of a community block grant map. The highlighted red areas are the census tract where CDBG funds could be spent. He pointed out that the Chadek property falls within this area. RECREATION DIVISION REPORT: Dyson reported that the department has nearly completed its training on new registration software. The department will begin using this new program on December 3 in preparation for the January 9 registration. Dyson noted that the construction is reaching near completion on the east side of the Recreation building. The replacement of the pool deck will start in December. The pool will be closed for approximately 10 days during this process. Dyson introduced Beth Ann Bitner to the Commission. She is doing a work experience project through the VA. She started in August and will be working in the department through the end of April. She has been working in the social cultural area of Recreation for the most part so far. She will also be working part -time at the Senior Center. 71 :7:l "Q0R-1[*13ZI =1001;4 Robinson reported that there will soon be a request for proposal completed for the construction of shelter #6 at City Park. He also reported that the good weather has provided time for the department to complete some landscaping repairs such as areas around trails etc. He reported that the Napoleon softball field renovation looks great with just the placement of a fence left. Some discussion ensued about the sweaters on trees in the downtown area. Robinson said he has some concern that if the sweaters become wet they may freeze the trees. He will be evaluating them on a weekly basis. DIRECTORS REPORT: TTRA Update: Moran met with Vision Iowa today to ask for a six month extension on raising the necessary funds to secure the grant received from them for the construction of TTRA. He distributed to Commission a copy of an updated master plan for the project. Moran and staff are meeting to create a plan for rentals at the TTRA Lodge and the Ashton House. He hopes to have something to present to Commission in January. At this time, Fin & Feather is planning on offering winter rentals of winter sports items should the weather permit. PARKS AND RECREATION COMMISSION November 14, 2012 Page 5 of 6 Moran is hoping for a Memorial Day 2013 opening of TTRA. NORMANDY DRIVE IMPROVEMENTS: This project contract started on October 24 and is slated to be a 100 day project. COURT HILL SCOTT TRAIL UPDATE: This project is very near completion. Moran recommended a ribbon cutting be scheduled for next spring. BUDGET UPDATE: Moran noted that budget hearings will likely take place in January and encouraged Commission to attend if possible. There will not be an opportunity for boards and commissions to present to Council this year as in years past. FAIRMEADOWS SPLASHPAD: Moran is hoping that this project will go out to bid in December. He reminded Commission that the CDBG funds must be spent by May 1. CHAIRS REPORT: Claussen attended a Blue Zones meeting. He noted that there is a proposal to designate Iowa City to be a Blue Zone city. The idea is that the schools, businesses, individuals, etc. all pull together and commit to live healthier lifestyles. He noted that people may go online to participate as a citizen. He encouraged Commission members to do so. Claussen announced that election of officers will take place at the December meeting. COMMISSION TIME /SUGGESTIONS FOR FUTURE AGENDA ITEMS: Laurian noted that she will be out of the country on a professional leave from January through July. She will be able to attend the January Commission meeting. Elliott would like to see the Commission do more with the Blue Zones project. Dyson noted that the City is involved and that he is the City liaison. The Chamber is leading the initiative. There are 12 cities in the second round and 6 more will be named in January. Dyson noted that if Iowa City is designated, work continues towards certification. Will continue towards certification. Westefeld thanked staff for the park tour in October stating that he learns something new every year. He also noted that he sees an increased use of the Court Hill Scott Trail every day. Bourgeois noted that the Court Hill Scott Trail has added to the attendance at Rita's Ranch Dog Park. ADJOURNMENT: PARKS AND RECREATION COMMISSION November 14, 2012 Page 6 of 6 Moved by Westefeld, seconded by Bourgeois, to adjourn the meeting at 6:45 p.m. Motion passed 8 -0 with 1 absence. PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2012 NAME r N r r M O Lo r ° TERM r N N N M r 4 'o r W r n r 00 r m ° r EXPIRES David 1/1/15 X X O/E X X X X LQ X LQ X Bourgeois Clay 1/1/14 X X X X X X X LQ X LQ X Claussen Maggie 1/1/13 X O/E X X X X O/E LQ X LQ X Elliott Allison 1/1/14 X X X O/E X X X LQ X LQ X Gnade Cara 1/1/16 X X X X X X X LQ X LQ X Hamann Aaron 1/1/13 O O O O O O ** X LQ X LQ O Krohmer Lucie 1/1/15 X X X X X X O/E LQ X LQ X Laurian John 1/1/14 X X X X O/E X X LQ X LQ X Westefeld Joe 1/1/16 X X X X O/E X X LQ X LQ X Younker KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LO = No meeting due to lack of quorum * = Not a member at this time * *= Member was listed as absent/excused status January through May. These have been changed to absent status. 4b 10) MINUTES APPROVED PARKS AND RECREATION COMMISSION DECEMBER 12, 2012 ROBERT A. LEE COMMUNITY RECREATION CENTER — MEETING ROOM B Members Present: David Bourgeois, Clay Claussen, Maggie Elliott, Allie Gnade, Cara Hamann, Lucie Laurian, John Westefeld, Joe Younker Members Absent: Aaron Krohmer Staff Present: Mike Moran, Chad Dyson, Terry Robinson, Beth Ann Bitner Others Present: Jeanette Fulton, KT LaBadie, Del Holland, Jeff Schabilion, Jonathan Haas, Deb Wollard CALL TO ORDER The meeting was called to order at 5:00 p.m. by Chairman Claussen. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Moved by Westefeld, seconded by Elliott to approve the proposed Recreation Fees and Charaes as presented. Motion passed 8 -0 with Krohmer being absent. OTHER FORMAL ACTION TAKEN: Moved by Westefeld. seconded by Bouraeois, to approve the November 14. 2012 minutes as written. Motion passed 8 -0 with Krohmer being absent. Moved by Bouraeois, seconded by Westefeld to elect Clay Claussen as the Parks and Recreation Commission Chair. Motion passed 7 -0 with Krohmer being absent and Claussen abstained. Moved by Bouraeois, seconded by Westefeld to elect Joe Younker as the Vice Chair of the Parks and Recreation Commission. Motion passed 7 -0 with Krohmer being absent and Younker abstained. PUBLIC DISCUSSION: KT LaBadie with the Friends of Hickory Hill group was present to update the Commission on their activities. She noted that professionals and volunteers completed their first controlled woodland burn to get rid of invasive plants (honeysuckle and garlic mustard) which will allow native plant growth. KT shared the minutes from the Hickory Hill Master Plan Sub - Committee for Commission review (attached). KT also noted that the annual calendar sales have begun. The 2013 calendars are $9 each. The proceeds benefit conservation work in Hickory Hill Park. All of the photos are taken in the park and donated by local photographers. PARKS AND RECREATION COMMISSION December 12, 2012 Page 2 of 8 Del Holland asked if there had been any movement on gaining access to the Elks Club property thereby allowing a north side trail connection to Taft Speedway. Moran stated that there had not. Holland asked if it would be appropriate for him to talk to the Elks Club about this. Moran agreed that it was okay for him to try. Moran noted that this has been a long -time goal and is a recurring item on the CIP plan. ELECTION OF OFFICERS: Election of officers for 2013 was conducted at this meeting. Bourgeois nominated Clay Claussen, current chairman, to remain in that seat for 2013. Moved by Bouraeois, seconded by Westefeld to elect Clay Claussen as the Parks and Recreation Commission Chair. Motion passed 7 -0 with Krohmer being absent and Claussen abstained. Bourgeois nominated Joe Younker as the Vice -Chair of the Parks and Recreation Commission for 2013. Moved by Bouraeois, seconded by Westefeld to elect Joe Younker as the Vice Chair of the Parks and Recreation Commission. Motion passed 7 -0 with Krohmer beina absent and Younker abstained. BUDGET REVIEW: Moran shared the list of capital improvement projects with Commission and gave an update of each item Hickory Hill Park Safe /Restroom: This project will be complete this year. Frauenholtz - Miller Park Development: This item has been moved to FY16. Cemetery Resurfacing Project: This is an annual allocation. TTRA: Will be complete in FY14. Soccer Park Improvements remain on the list but several years out. Iowa River Corridor Trail- Peninsula Park to Waterworks Prairie: Place holder for REAP funds. Napoleon Softball Field Renovation: Complete Court Hill Park Restroom: Complete Lower City Park Secondary Access Road: This project will begin in Spring of 2013. Normandy Drive Restoration Project: In the first phase. Second phase to begin in Spring of 2013. Sand Prairie Enhancement: This property is across from TTRA. Slated for FY 16. PARKS AND RECREATION COMMISSION December 12, 2012 Page 3 of 8 Fairmeadows Park Restroom & Splash Pad: CDBG Funds being used entirely for this project. Master Park & Plan Construction: City Manager wants a master plan for each park, year by year. Pedestrian Bridge Rocky Shore to Peninsula: Highest commission priority. Continue to apply for grants. Intra -City Bike Trails: Joint project with MPO (previously JCCOG). Butler Bridge Pedestrian Trail: Complete. Scott Park Development & Trail: Complete TTRA Rec Area Trail Connection: Complete Hwy 1 Sidewalk/Trail- Riverside Drive to Sunset: Under construction, complete this Spring. Recreation Center Improvements: Phase 1 under construction. North Market Square Park Redevelopment: Complete City Park Master Plan & Pool Upgrade: Removal of wading pool and replace with splash pad as per ADA guidelines. Willow Creek/Kiwanis Park Master Plan and Splash Pad: Will begin in Spring of 2013. Recreation Center Elevator Replacement: Complete Recreation Center Phase 2 Improvement: 2 year project. Laurian asked what the debate was regarding Frauenholtz - Miller Park Development. Moran reported that there was concern regarding the placement of restrooms. Some of the neighbors do not want a restroom in what they see as a neighborhood park while others, such as the church staff and congregation, would like to see a restroom placed in the park. City staff will be attending a budget meeting on Saturday, January 5. CIP meeting will be held on January 7 and the last session will be on January 28. Budget will be submitted to the State after the January 28 meeting. Commission members are encouraged to attend the January 28 meeting if they would like. There will be no formal presentation by the Commission as in years past. CHADEK PROPERTY DISCUSSION Moran talked with the City Manager about the proposal that was brought to the Commission by the non - profit group who is forming to raise funds to purchase the Chadek Property. The group is proposing that they raise $280,000 and that the City PARKS AND RECREATION COMMISSION December 12, 2012 Page 4 of 8 agree to match those funds making the final sale price of the property at $560,000. Younker noted that it is not likely that the City will want to hold onto $280,000 until the funds are raised. He and other members of commission believe that City Council will ask that those funds be in place prior to them discussing such an agreement. Jeannette Fulton, Chadek's daughter, noted that her parents always had a huge garden and her father wanted the property to include community gardens. She noted that this property is perfect for park use and or /gardens. Commission agreed that discussions will continue and Claussen and Younker will discuss with Council members at a future meeting. APPROVAL OF PARKS AND RECREATION FEES AND CHARGES Moran asked the members if they had any questions regarding the fees and charges that were distributed to them earlier. He noted that there was an addition since handing these out in November. In particular, it was asked for staff to determine how much of the Administrative Secretary's time is spent on Farmers Market with a plan to cover that portion of her salary with market vendor fees. It was determined that she spends approximately 30% of her time (more in summer, less in winter). After determining the cost of her salary, that was added to the vendor fees increasing them by approximately $2 per market. The goal is to have the market 100% self- sufficient. Moran said that the proposed fees and charges will go before Council on December 18. Moved by Westefeld, seconded by Elliott to approve the proposed Recreation Fees and Charges as presented. Motion passed 8 -0 with Krohmer beina absent. NEIGHBORHOOD OPEN SPACE: No NOS proposals to discuss. RECREATION DIVISION REPORT: Dyson reported that a new software program for class registration and reservations has been implemented. Department staff began using the system in December. He also noted that patrons will now obtain a photo ID for aquatic passes. After their initial purchase, they will be able to renew and pay on -line. On -line reservations will also be available for park shelters and rooms and will include interactive maps. Dyson noted that the east entry construction of the Recreation building is nearing completion. The next phase includes placement of the pavers. This area has to be heated and maintained at a certain temperature before that process could begin. Phase 2 of this project will include improvements of the game room and the locker rooms. Dyson announced that the Robert A. Lee pool will be drained for repairs and upgrades to the pool deck which will include a color change. PARKS AND RECREATION COMMISSION December 12, 2012 Page 5 of 8 He also announced that the release of the Winter /Spring activity guide will be in December and he will distribute at the January 2013 Commission meeting. Elliott commended staff for the great job they have done in promoting the new software changeover. PARKS DIVISION REPORT: Robinson reported that there has been over 4000 feet of additional trails and sidewalks added to the City. This has, of course, added to the time it takes to clean. In 1997 staff spent less than two hours clearing snow from trails etc. Currently this cannot be done in less than four hours. Elliott asked if any of the trails will be left covered. Robinson reported that many are connective trails so that would not be an option. There are some trail areas in TTRA and Willow Creek Park that will be left snow covered. DIRECTORS REPORT: TTRA Update — Vision Iowa: Moran met with Vision Iowa in November who agreed to a six month extension for raising the necessary funds to secure the grant received from them for the construction of TTRA. He also reported that there has been some vandalism done to a pile of lumber (set on fire) which also boiled the concrete work. There is discussion ensuing with the contractors regarding the placement of security cameras. Motorcyclists were reported to have driven on the concrete work at the lodge. Police have been notified and will increase their patrols in this area. Ashton House: The State Historical Society visited the Ashton House. Their suggestions were given to the architect. Those revised plans will be presented to the Historical Preservation Commission and then the project will go to bid. College /Gilbert Street Development: City Council will soon be reviewing five proposals for this property located on the corner of College and Gilbert. Laurian noted that one of the proposals she saw proposed moving the park to the other side of the project. Moran noted that this plan was not chosen as one of the five. Laurian asked if the Commission has any say on which proposal is selected. Moran said that the Commission has input but does not have a vote. Legislative Priorities: Moran shared a letter and a packet from Mayor Hayek and the City Manager that was sent to members of the Iowa General Assembly. The packet includes statements on the City Council's formally adopted 2013 legislative priorities. These priorities include: 1) Support of the Chicago to Council Bluffs /Omaha Passenger Rail Project; 2) Responsible Tax Reform; 3) Increased Funding for Road & Bridge Needs; and 4) Fair & Sustainable Pension Systems. Commission Applicants: Moran noted that there were four applications for the Commission, one of which was current member Maggie Elliott. Affiliate Groups: Moran noted that there are potential issues of late with two affiliate groups. One is with the Iowa City Eels Swim Club who is late on their rent. They have been struggling financially. They have agreed to submit payment by the end of PARKS AND RECREATION COMMISSION December 12, 2012 Page 6 of 8 January. They will be hosting a swim meet this weekend at Mercer Park Aquatic Center. There has been some recent concern by current and previous DogPAC Board members regarding the agreement that was signed previously stating that the City now receives all of the revenue from the purchase of dog tags and passes. DogPAC previously received 90% of the revenue. Some past members were not aware of the change and have some concerns about it. Robinson spoke again reporting that there will be some prairie burns taking place at the Sand Prairie, Ryerson's Woods, and the soccer complex. There may also be a burn taking place at Hunters Run; however, this has to occur when the wind comes from the southeast, thereby preventing any smoke over the interstate. Dyson reported that the department would again be receiving a check from the WellMark 3 Point Program at the March 5 basketball game. He has tickets to this game (against Illinois) if anyone is interested. CHAIRS REPORT: Claussen stated that he is excited about the upcoming year in the Parks and Recreation Commission. He is looking forward to the completion of TTRA and the opening of Ashton House. He reported to Commission that Council did receive the Commission's letter regarding their concerns with the possible construction of a levy in the Taft Speedway area. City Council opted for no flood mitigation in this area. COMMISSION TIME /SUGGESTIONS FOR FUTURE AGENDA ITEMS: Bourgeois announced that he will be absent from the Commission in January and February. Laurian will be absent February through July. Laurian also asked if there was any news regarding the future Iowa River Burlington Dam project development. Moran noted that Council would be choosing a master plan designer at their 12/18 meeting. Elliott asked how the Commission can keep on task with the Parks, Recreation and Trails Master Plan. Moran noted that he would include in future meetings. Elliott also discussed orientation for new members of the Commission, feeling that there are enough new members that it may be warranted. Staff will follow up. Gnade asked why the Grant Wood Market would not open in January. Moran noted that there was not enough registration by vendors to make it a go. This particular market has been assigned to Cindy Coffin, Program Supervisor for Recreation. Cindy is planning on holding markets in March and April. There has been some discussion about a new location; however, the initial goal was to get the Grant Wood neighborhood involved either as vendors or patrons. PARKS AND RECREATION COMMISSION December 12, 2012 Page 7 of 8 Younker asked about lights along the trail in lower City Park. Moran noted that the flood renovations prevented any installation at this time but will be revisited during the master planning process. Westefeld expressed his desire to keep discussions going regarding a major opening celebration for TTRA. Moran stated that at this point the park is scheduled to open the end of June. He will be in contact with the Trueblood family to discuss a plan. ADJOURNMENT: Moved by Westefeld, seconded by Elliott, to adjourn the meeting at 7 p.m. Motion passed 8 -0 with Krohmer being absent. PARKS AND RECREATION COMMISSION December 12, 2012 Page 8 of 8 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2012 NAME r N r r Os Cl) O ,n r O N TERM r r N N N M r v '� r co r n r 0000 r EXPIRES David 1/1/15 X X O/E X X X X LQ X LQ X X Bourgeois Clay 111114 X X X X X X X LQ X LQ X X Claussen Maggie 1/1/13 X O/E X X X X O/E LQ X LQ X X Elliott Allison 1/1/14 X X X O/E X X X LQ X LQ X X Gnade Cara 1/1/16 X X X X X X X LQ X LQ X X Hamann Aaron 1/1/13 O O O O O 0" X LQ X LQ O O Krohmer Lucie 1/1/15 X X X X X X O/E LQ X LQ X X Laurian John 1/1/14 X X X X O/E X X LQ X LQ X X Westefeld Joe 1/1/16 X X X X O/E X X LQ X LQ X X Younker KEY: X = Present O = Absent O/E = Absent/Excused NM= No meeting LQ = No meeting due to lack of quorum * = Not a member at this time **= Member was listed as absent/excused status January through May. These have been changed to absent status. FINAL/APPROVED POLICE CITIZENS REVIEW BOARD MINUTES — December 11, 2012 CALL TO ORDER: Vice Chair Melissa Jensen called the meeting to order at 5:32 P.M. MEMBERS PRESENT: Donald King, and Royceann Porter MEMBERS ABSENT: Kingsley Botchway, and Joseph Treloar STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Officer David Schwindt of the ICPD. RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by King and seconded by Porter to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/20/12 Motion carried, 3/0, Botchway and Treloar absent. OLD BUSINESS Additional Board Recommendations — The Board decided to table this item until the next meeting when all members could be present for discussion. BOARD INFORMATION None. STAFF INFORMATION None. PUBLIC DISCUSSION None. 4b(11) EXECUTIVE SESSION Jensen stated she would have to abstain because of a conflict of interest. Due to a lack of quorum, executive session could not be held. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • January 8, 2013, 5:30 PM, Helling Conference Rm • February 12, 2013, 5:30 PM, Helling Conference Rm • March 12, 2013, 5:30 PM, Helling Conference Rm • April 9, 2013, 5:30 PM, Helling Conference Rm The Board agreed to try to set up an executive session only meeting for Friday the 14th around the noon hour. Staff will send out an email to see if a quorum is available. ADJOURNMENT Motion for adjournment by Porter, seconded by King. Motion carried, 3/0, Botchway and Treloar absent. Meeting adjourned at 5:37 P.M. n n u u n eD fD � eD eD CD "! fD e� C7 d A b O r I ^�I 1 H n y N t2l O N C O lot fD O `O fD V1 w d CD CD = =' t 0 DC � >C DC yC N W O Ul D'C yC >C yC yC O bi e� C7 d A b O r I ^�I 1 H n y N t2l O N C O FINAL/APPROVED POLICE CITIZENS REVIEW BOARD 4b 12 MINUTES — December 18, 2012 == CALL TO ORDER: Staff called the meeting to order at 12:35 P.M. MEMBERS PRESENT: Kingsley Botchway, Royceann Porter, and Donald King MEMBERS ABSENT: Melissa Jensen and Joseph Treloar STAFF PRESENT: Staff Kellie Tuttle present ELECT TEMPORARY CHAIR Staff announced that due to conflicts of interest, both Jensen and Treloar would have to abstain from Complaint #12 -05 and a temporary Chair would need to be elected. Motion by Botchway, seconded by Porter to elect King as temporary Chair for the duration of Complaint #12 -05. Motion carried, 3/0, Jensen and Treloar absent. EXECUTIVE SESSION Motion by Porter and seconded by Botchway 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, Jensen and Treloar absent. Open session adjourned at 12:36 P.M. REGULAR SESSION Returned to open session at 12:41 P.M. Motion by Porter, seconded by Botchway to set the level of review for PCRB Complaint #12 -05 to 8- 8- 7(B)(1)(a), on the record with no additional investigation. Motion carried, 3/0, Jensen and Treloar absent. Motion by Botchway, seconded by Porter to request a 30 -day extension for PCRB Complaint #12 -05, due to timelines and scheduling. Motion carried, 3/0, Jensen and Treloar absent. ADJOURNMENT Motion for adjournment by Porter and seconded by Botchway. Motion carried, 3/0, Jensen and Treloar absent. Meeting adjourned at 12:43 P.M. 4 | d 2 O k # & - � � � 2 7 � 2 2 n � ok n O 2 b � R m n k k m / 7 q m � ¢ O % /ft OM / 0 ., § 'V n o t » ■ § � . � * | x x * k b | | k x x x b | | x * k x 2 . G 2 2 . G | x o \ * * 7 » | $ * \ k * \ � 00 � � 2 7 � 2 2 n � ok n O 2 b � R m n k k m / 7 q m � ¢ O %