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HomeMy WebLinkAbout2002-06-11 Bd Comm minutes FINAL/APPROVED MINUTES IOWA CITY BOARD OF APPEALS MONDAY, MAY 6, 2002, 4:00 P.M. LOBBY CONFERENCE ROOM, IOWA CITY CIVIC CENTER, 410 E. WASHINGTON IOWA CITY, IA MEMBERS PRESENT: John Roffman, Anna Buss, Gary Haman, Wayne Maas, Tom Werderitsch, Doug DuCharme, Tim Fehr STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker) Doug Boothroy (Director- Housing and Inspection Services- arrives at 4:55 P. M.) OTHERS PRESENT: Tom Vrban and Kelly Mitchell (Vrban Fire Protection), Barney Murphy (Sprinkler Fitters Union Local 669), Traci Huffman (Aquarius Sprinkler Co.) Dan Smith (Chamber of Commerce), Joan Teimeyer (Homebuilders Association of Iowa City) Lyle Seydel (Triple Crown) and Laverne Hueholt (706 Giblin Drive), Leonard Sandier (U of I Law Professor) RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:10 P.M. CONSIDERATION OF MINUTES: Minutes from the April 15, 2002 were reviewed. MOTION: Haman moved to approve the minutes. Maas seconded. Motion passed unopposed. Request for use of alternate materials or methods of construction. (Non-symmetrical wall construction at Triple Crown Lane) Hennes stated this request is identical to several requests that had been approved previously. The request is to eliminate the requirement for 5/8 dry wall on the exterior walls of buildings that are at least 5 feet from the property line. OSB (chipboard) would be used instead. This would comply completely with the 2000 International Building Code which the City is in process of adopting. It would also comply with the provisions of Section 104.2.8 of the 1997 UBC for alternate materials, alternate design, and methods of construction. MOTION: Haman moved to approve the request since it met the requirements of Section 104.2.8 in that it complied with the provisions of the code, and the proposal is the equivalent of what is required in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. Werderitsch seconded. Motion passed unopposed. Request for a Variance from the Housinq Code, Section 14-5E-17.K.4 and a request for a modification of Section 310.6.1 of the 1997 UBC (Ceilinq Heiqht at 706 Giblin). Hennes explained that previous rental inspections at 706 Giblin had always licensed the property as a two bedroom single family dwelling with a non-habitable basement. A building permit was issued in 2000 to install an egress window in the basement. When the final inspection for the window was done, it was discovered that a bedroom had been established in the basement and that the headroom was inadequate to meet both the Housing Code and the Building Code. LaVeme Hueholt ( owner of 706 Giblin) explained his situation. He bought the property in 2001 and on all of his records from the realtor and the property management company, the dwelling was described as having 3 bedrooms - 2 on the main floor and one in the basement. He was unaware that the basement bedroom had been established illegally and did not meet code. The ceiling height in the entire bedroom is 6'8". The Building Code allows 6'8" for beams and duct work as long as the required height is present for 2/3 of the rest of the room and the Housing Code requires 7'. Hennes stated that he empathized with the situation of the current owner but he felt that by allowing the reduced height in this circumstance, a bad precedent would be set. Discussion occurred as to whether the ceiling height could be raised. Hueholt was unsure of what was above the dry walled ceiling but he felt that the ceiling could not be raised. Werderitsch asked Mr. Hueholt if he had approached the realtor about misrepresenting the property. Werderitsch stated that he felt he could not approve the request and the Board concurred. MOTION: Werderitsch moved to deny the request in that, under the Building Code, it did not meet the requirements of Section 104.2.7 for meeting the intent and purpose of the code and not lessening fire protection requirements. Under the Housing Code, Section 14-5E-13, the request should be denied because 1 ) it would be an arbitrary decision and 2) the request is not in harmony with the general purpose and intent of the code in securing public health, safety, and general welfare. Haman seconded. VOTE: The request was denied unanimously. Continued discussion re.qardin.q maintenance and installer licensin.q of sprinkler and fire alarm systems contractors. Hennes presented the proposal in ordinance form. Discussion occurred as to whether contractors or just installers would be licensed. Hennes stated it would be set up exactly like the electrical and plumbing licenses. Maas was concerned that there was no way to enforce action against bad contractors. Hennes stated that would be taken care of during the permitting process. Werderitsch stated concerns that a qualified installer could not get a license unless he worked for a company with a NICET level III employee er engineer. Roffman asked if a license was automatically terminated if a licensed installer left a certified company or was between jobs. Haman felt that someone should be able to get a license even if they weren't currently employed. They should only be prohibited from pulling a permit if they didn't currently work for a certified company. Hennes stated he would rework the wording of the licensing section. Hennes also stated that policies would be developed by the Fire Department that would not actually be part of the code concerning design requirements and the tag system. All of the licensing sections will be pulled out of their current sections and put together in one section of their own. The testing requirements and the Experior tests were discussed. Roffman asked for comment from the sprinkler contractors present. Vrban asked when the next meeting was and it was slated for May 20th, 2002. Discussion reqardin.q adoption of the 2000 International Residential Code, the 2000 International Buildinq Code and the 2000 Uniform Plumbinq Code. Note: Universal Code Amendment (R326 of the IRC). Doug Boothroy and Leonard Sandier presented the updated amendment to the 2000 IRC concerning universal design requirements. The amendment would require wood blocking be installed for future grab bars in bathrooms, a width of 32 inches for interior doors, a maximum height of 48 inches above the floor for wall switches, a minimum height of 15 inches above the floor level for wall outlets and at least one no step entry door for any dwelling unit created with public fund assistance. The building official would still have the ability to waive the requirement for the no step entry if specific circumstances such as topography would make it impractical. This is different from the first proposal that would have specified these requirements for all dwelling units. The Homebuilders Association has agreed to initiate a voluntary program to educate local contractors in universal design standards to try to start the integration process into local building. This program will be loosely based on a program started by the Atlanta Homebuilders and a representative from that group will be speaking at the June meeting of the Iowa City Homebuilders. Dan Smith and Joan Teimeyer stated that they appreciated the City's willingness to work with local builders on a voluntary basis initially in order to integrate universal design into local building standards. They felt that these standards are important but should be market driven. The Homebuilders will be trying to educate local builders in how to integrate universal design into their marketing. Sandier stated these standards are starting to be integrated into local codes all over the country. Boothroy stated that the public also needs to be educated to the advantages of universal design in order to create the market. The Board asked for greater clarity in the scope of the amendment concerning what constitutes public fund assistance and clear specification that the universal design standards only apply to dwelling units receiving public funds. Boothroy stated that he would clarify that wording in the final draft. The Board stated that they had no objections to the current proposed universal design amendment. Hennes went over the other proposed amendments to the 2000 IRC and IBC. He suggested that the Conservation Code and Abatement of Dangerous Buildings Code be eliminated since they will be covered by other sections and guidelines. When using the conservation code as a guideline, it was suggested that word "may" be substituted for "shall" in order to provide flexibility when interpreting the code. Discussion occurred concerning the remaining amendments. The Radon appendix F will be included. Any new dwelling will have to be prepared in order to allow for future radon mitigation. Maas asked that the Electrical part of the IRC be written out and the National Electrical Code be inserted. This is what is being done with the Plumbing Code. Hennes explained that a lot of the amendments just clarify certain code requirements. Code amendments concerning foundation walls, placement of smoke detectors, stair risers and egress windows were discussed. Henries stated that he would like to address fire code and the mechanical code and a new appeals section at the next meeting. Hermes said he hoped to be able to have public comment meeting at the June meeting. Other Business: The next meeting was scheduled for May 20, 2002 at 4:00. ADJOURNMENT: Maas moved to adjourn the meeting. Werderitsch seconded. The meeting was adjourned at 6:20 P.M. John Roffman, Board of Appeals Chair Date Iowa City FINAL/APPROVED Public'Library MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, April 25, 2002 5:00 PM Members Present: Linda Dellsperger, Shaner Magalhaes, Lisa Parker, Linda Prybil, Pat Schnack, Jesse Singerman, Tom Suter, Jim Swaim, David VanDusseldorp Staff Present: Maeve Clark, Susan Craig, Barbara Curtin, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols, Others: Joel Miller, Building Project Coordinator; Steven Kanner, Iowa City Council CALL TO ORDER: President Parker called the meeting to order at 5:00 p.m. PUBLIC DISCUSSION None APPROVAL OF MINUTES: The minutes of the regular meeting of March 28, 2002 were approved unanimously after a motion by Magalh~es/Prybil. UNFINISHED BUSINESS Miller distributed a progress report regarding the building project. It is proceeding on schedule. The Trustees went out on the roof and Miller pointed out progress markers such as pile caps, retaining walls, designated elevator shaft, basement wall forms. He pointed out a temporary sub-alley that was put on next to the establishment "Etc.", allowing them an emergency fire exit. Miller commented on the graffiti that has been appearing on the construction fences and windows, said they were attempting to keep up with it, and encouraged anyone to report to him if they saw it. Singerman expressed appreciation to Miller on his thorough reporting, and his overall oversight of the project. A schedule for the project on 64 I A will be before City Council soon, perhaps at their first May meeting. In response to a question regarding the recent negative appraisal of the project, Craig felt that at this time that was no reason to be concerned about the future of the project. Parking: A memo from Joe Fowler, Director of Parking, was included in the packet. In it Fowler outlined two options for short term parking in the Dubuque Street Ramp. He described options, the cost for them, and the problems with each. He did not recommend implementing either option. Dellsperger was disappointed that Fowler did not offer any solutions. Swaim felt he was just providing ICPL BOARD OF TRUSTEES April 25, 2002 Page 2 information. Parker has been talking with the Mayor about the difficulty in finding a solution. The Board is anxious to convey their support for such a solution to Council. Several ideas were discussed and the consensus was to form a committee to discuss and transmit Iong-tarm and short- term solutions for the problem. This group could be the beginnings of a possible joint group consisting of library people, parking people and council people, who would hopefully come up with solutions. Parker will follow-up with another memo. Surer, Swaim and Singerman volunteered to work with Parker and a group, if it is formed. NEW BUSINESS Election of Officers: Dellsperger, chair of the nominating committee, presented the slate of officers. The current officers agreed to serve another term: President, Parker; V-President, Magalh~es; Secretary, Prybil. Dellsperger presented this in the form of a motion, which was seconded by VanDusseldorp. The vote was unanimous in favor of the slate. Policy Review: This was a regularly scheduled review of the Internet Use policy. The staff had very few changes to suggest. Nichols included many supplemental readings for trustees, since Internet and filtering is a large issue nationally. When asked about the e-rate and the withholding of federal funds to libraries not filtering, Nichols explained that we did not ever get enough funding to warrant the amount of time necessary to complete the paperwork. Craig thinks the legislation to deny funding to any libraries that won't filter, will be declared unconstitutional but only time will tell. Dellsperger asked whether there had been any progress in new software that would allow libraries to filter successfully, and therefore, please some patrons. Craig responded that staff is not aware of programs that successfully filter undesirable materials, without blocking some acceptable sites. Swaim moved to approve the policy. Dellsperger seconded it, Van Dusseldorp commented that he found the information included in the packet to be very useful and informative and will allow him to respond to questions from the public. He then asked for examples of what section 815.3 of the policy refers too. This paragraph describes staff limiting images displayed on computer screens that are in the more open areas and could be viewed by someone walking by. They might be directed to the machines where screens are not in the public view. In the new building all will be in open areas, however, we will place privacy screens over the monitors. In response to a question, only images and not text are of concern. Prybil asked about establishing time limits. Clark briefly explained the Pharos system and how it works. Staff has received many positive comments from people who are pleased that they can gain ready access to a machine. A vote was called for and the motion passed unanimously. STAFF REPORTS Staff reports this month came from Childrens, Development Office, Technical Services and Systems. There were some questions. Black described My Millennium software that will allow patrons to structure individual searches that will be saved during subsequent log in. For example, you might enter a search asking that you be notified every time a book by a certain author came in. You could then place a hold and get an e-mail notification when the book was here. ICPL BOARD OF TRUSTEES April 25, 2002 Page Additionally, at the same time, we will be loading software that will put cover images, reviews, and table of contents of books in the catalog for some titles, similar to Amazon.corn Black was asked to describe the steps used in disposing of books that have been weeded. She explained that they are evaluated first for addition to outreach collections, then for sale at the BookEnd. Materials that are not sent for resale go to the Discard shelf for the public to take for free. From there if they are not taken they are thrown away. Reference books go to our Library Service Area and are shared with smaller libraries in the area. Prybil commented that she enjoys working at The BookEnd on Thursdays when the books come in. A group of library staff members have formed a committee to discuss how the library could better deal with the homeless in our community who have no place to go during the day. They will meet a few times and pass on any recommendations to the community group that has begun meeting. Craig included a memo in the packet in response to a UI student request to be non-voting members of Boards and Commissions. In the memo, the Mayor said that U of I students are encouraged to participate and apply for openings. Information was included in the packet about a teleconference that might be of interest to Board members. Let Lubaroff know if you can come. PRESIDENT'S REPORT Parker reported on the community committee formed to deal with issues of the homeless. They have met twice and are exploring options with people at Wesley House. They will also speak to folks from Cedar Rapids who are experienced with drop in centers. Parker thanked Kanner for attending. She is appreciative of council members coming to the Board meeting. ANNOUNCEMENT FROM MEMBERS None Dellsperger reported on behalf of the Art Committee. They are still in the process of reviewing submissions for the commissioned art piece. They have reviewed 15 and have another 25 or more right now. She informed the Board that the Shaws found a place for their sculpture. COMMUNICATIONS None 3rd QUARTER REPORTS The 3rd quarter financial reports are right where Craig likes them to be at this point in the fiscal year. Receipts and expenditures are at about 75% 34 quarter output statistics. Biggest surprise is that circulation is up about 10%. There was a question about meeting room being down. No good explanation other than parking was offered. ICPL BOARD OF TRUSTEES April 25, 2002 Page ,~ A question was raised about jail service. The library that used to be on site was closed so they could use the space, but jail circulation is up. They request materials and we bring them. Bus pass redemption has increased. The privilege has been abused and Circulation Department is searching for a way to reduce the abuse, but still provide passes to library users. Remote book drop use continues to go up. Since we did not get staff to do the additional book drop next year, Craig wonders if we might reach a critical point where we have to empty them twice a day. The need to use a City/Library owned vehicle and have library employees do this job was reiterated by Craig. DISBURSEMENTS Singerman/Suter moved approval of disbursements for March. All were in favor. SET AGENDA ORDER FOR MAY MEETING Follow-up on building project. Follow-up on parking. ADJOURNMENT: Singerman/Suter Minutes taken and transcribed by Martha Lubaroff Final/Approved MINUTES PLANNING AND ZONING COMMISSION MAY 2, 2002 EMMA J. HARVAT HALL - CIVIC CENTER MEMBERS PRESENT: Benjamin Chait, Ann Freerks, Don Anciaux, Beth Koppes, Jerry Hansen, Ann Bovbjerg. Dean Shannon arrived after items REZ02- 00002 and .REZ02-00003 had been presented and voted on. STAFF PRESENT: John Yapp, Mitch Behr, Julie Tallman OTHERS PRESENT: John Loomis, Becky Sogl[n, Ray Funk, David Riley, Pat Cancilla, William Buss, Richard Rhodes II, Connie Mutel, Larry Schnittjer, Robynn Shrader, Steve Hendrix, Doug Paul RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, REZ02-00003, an application submitted by Marathon Construction for a' rezoning from Low Density Multi-Family, RM-12, to Sensitive Areas Overlay, SAO-12, for a 38,041 square-foot property located west of First Avenue, north of Rochester Avenue. Recommended approval, by a vote of 7-0, SUB02-00006, an application submitted by Hickory Heights L.L.C. for a final plat of Hickory Heights, an 18.2-acre, 20-lot residential subdivision located west of Scott Boulevard subject to staff approval of legal papers including protective covenants which address appropriate plant species and construction drawings prior to council consideration of the final plat. Recommended approval, by a vote of 7-0, amendments to the Sensitive Areas Ordinance regarding regulation of wetlands as set forth in the memorandum from Behr dated 4/26/02. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:33 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said a listing was posted of the current vacancies on the various City Boards and Commissions in the outer lobby. REZONING/DEVELOPMENT ITEMS: REZ02-00002, discussion of an application submitted by Dial Corporation for an amended OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings, one 2-unit building and four 24-unit independent living buildings for elderly residents on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road. Yapp said this item had been requested for a deferral by the applicant to address some of the design concerns mentioned at the previous Planning and Zoning Commission meeting. He said Staff had not received any revised plans yet. Planning and Zoning Commission Minutes May 2, 2002 Page 2 Public discussion was opened. There was none. Public discussion was closed. Motion: Anciaux made a motion to defer REZ02-00002, an application submitted by Dial Corporation for an amended OPDH-12 plan for Silvercrest to allow four 4-unit townhouse style buildings, one 2-unit building and four 24-unit independent living buildings for elderly residents on 12.18 acres located southeast of the intersection of Scott Boulevard and American Legion Road. Hansen seconded the motion. The motion passed on a vote of 6-0. REZ02-00003, discussion of an item submitted by Marathon Construction for a rezoning from Low Density Multi-Family, RM-12, to Sensitive Areas Overlay, SAO-12, for a 38,041 square-foot properly located west of First Avenue, north of Rochester Avenue. (45-day limitation period: 5/12/02) Yapp presented Staff report. He said this was the second Planning and Zoning Commission meeting on this application. Yapp said the applicant had worked to shift the building to the south at Staff's request. Approximately 35% of the critical slopes and 55% of the steep slopes would be disturbed. The applicant had moved the silt fences closer to the building to fudher minimize slope disturbance at the request of Julie Tallman, Development Regulations Specialist. A site distance evaluation had been received for the proposed driveway which indicated that the site distance was adequate for a 25 mile-per-hour standard, but not for a 35 mile-per-hour standard. The street currently is posted for a 25 mile-per-hour speed limit. Yapp said Staff wished to mention that for future subdivisions on an aderial street, Staff would prefer to not have a strip of lots along an arterial street as currently exists on First Avenue. Because this is an existing platted lot, Staff did find the driveway location to be adequate. Hansen asked if there was any chance that the speed limit would be raised in the future. Yapp said he thought it would be unlikely as the rest of First Avenue is posted 25 miles-per-hour, but that any speed limit could be changed by ordinance. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve REZ02-00003, an application submiited by Marathon Construction for a rezoning from Low Density Multi-Family, RM-12, to Sensitive Areas Overlay, SAO-12, for a 38,041 square-foot property located west of First Avenue, north of Rochester Avenue. Koppes seconded the motion. The motion passed on a vote of 6-0. SUB02-00006, discussion of an application submitted by Hickory Heights LL.C. for a final plat of Hickory Heights, an 18.2-acre, 20-lot residential subdivision located west of Scotl Boulevard. (45-day limitation period: 5/26/02) Yapp presented staff report. He said the Commission had the revised final plat before them which addressed all the technical deficiencies addressed in the Staff report. The preliminary plat had been the subject of much discussion when it came before the Commission several months ago. On May 7, 2002, the preliminary plat will be considered by the City Council. The final plat illustrated 20 lots consistent with the preliminary plat surrounding a cul-de-sac street off of Scott Boulevard. Yapp said Staff recommended approval of the final plat as it met all City codes and requirements subject to the submission and approval of legal papers and construction drawings Planning and Zoning Commission Minutes May 2, 2002 Page 3 prior to Council consideration of the final plat. Yapp said he wished to mention a discussion that had occurred earlier in the day regarding what types of plant species could be planted in the area identified as a non-development area outside of the construction limits on the plat. Yapp said it was his understanding that during the preliminary plat discussion Wayne Petersen, conservationist with the Natural Resources Conservation Service, had provided a list of appropriate plant species for use in the non-buildable area that would be attached to private covenants associated with the legal papers. It was his understanding that both the applicant and Staff had found the list to be acceptable, but Staff had not seen the private covenants yet. Yapp suggested that the Commission add to the recommendation that legal papers including protective covenants that addressed appropriate plant species be submitted and approved prior to City Council consideration. Bovbjerg asked if the preliminary plat that Council would be looking at had the appropriate plant species list on it or referred to it. Yapp said the preliminary plat referred to the list but the list was not on the plat. Freerks asked if the Commission voted to approve the final plat, would it affect ongoing discussions between the landowner and the Friends of Hickory Hill Park who wished to purchase the land. Yapp said no, the Commission's recommendation for approval of the final plat would go to the Council. Once the Council approved the final plat, that would set all the subdivision requirements for the property, the number of lots, and identify sensitive areas outside of the construction area to be protected for example when builcling permits were issued. Yapp said even after the final plat was approved, any of the lots could be purchased. Public discussion was opened. John Loomi~, 219 Teeters Street, said he had previously raised the question regarding the vegetation outside the construction zone. He said the language in the plat seemed vague, particularly as time passed and the vegetation that currently existed there began to change. Loomis said judging by the precedent set in other parts of Hickory Hill Park, the pasture that currently existed would eventually become non-desirable species such as sumac bushes, multi- flora rose, dogwood trees, and vegetation that was not very pretty but seemed to grow by itself. As time passed, the owners of the lots would perceive the area below the line as becoming undesirable and would want to change it. He said the landowners might harbor concerns about fire or other concerns related to terrains that were former pastures. Loomis said the language should be changed or amended to 1) address what would happen as time passed and the homeowners perceived that the land had changed and wanted to change or manage the terrain, 2) address enforcement issues and 3) specify appropriate ways for dealing with these issues. He said the management of the area would become subject to each individual landowner's discretion. Loomi$ said as the note on the plat currently read, individual home owners could not remove existing non-desirable vegetation such as dogwood or sumac bushes, because in the far future that would be what the existing vegetation had become. Loomis said he felt the owners would want to take the initiative to disturb the soil and would want some guidance as to how to maintain the integrity of the area. Behr said the same language would be put into the subdivider's agreement as was on the plat. The subdivider's agreement was a contract between the City and the ownedsubdivider which would become binding upon each owner as they purchased a lot or lots. If someone considered the language too restrictive, they could seek permission from the City to per[orm certain types of activities. Behr said the language was exactly what was incorporated into the preliminary plat so it was in compliance with the preliminary plat which had been a subject of great discussion. The Planning and Zoning Commission Minutes May 2, 2002 Page 4 language was as strict and specific a language as could be imposed per the terms of the ordinance. Bovbjerg asked about resolution if a neighbor complained that someone had violated the terms of the covenant. Behr said if the City noted or was notified that someone appeared to be violating the covenant, the City could take enforcement action based on the terms of the contract or through a municipal infraction. Behr said if someone wanted to do something that would be beneficial to the areas that was prohibited by the wording on the plat, they could seek relief from the City to take action, as the covenant was a contract with the City. Behr said when someone purchased a lot and the abstract was examined, the wording would appear on the plat and in the subdivider's agreement which would place them on notice that they were bound by the language. Loomis asked if it was possible to add language so that if someone wanted to do something beneficial, they could. With the current language on the plat, the City would not have a basis for anything except for the existing language which said the soil could not be disturbed. Loomis said he felt there should be some language included so that if someone wanted to do something beneficial or harmful, the City would have a basis for their response. Julie Tallman said there were plats with conservation plans attached to them that were broken up into single-family dwellings. Although staff, the builder, and others present at the meeting were aware of the restrictions regarding sensitive areas, when it came to the first home buyer five years down the road and the second home buyer ten years down the road, they sometimes were not aware of the restrictions even though a title search had been done. Tallman said she specifically would suggest that a recorded plat for each lot showing precisely where the conservation area was on each residential lot be recorded with the Johnson County Attorney's office so it would be less likely that an attorney reviewing the documents for the purchase would miss it. Tallman said she had been called out to sites where there had been a tree protection plan that had been very clearly laid out, the City Forester had been involved in the plan, and trees were individually identified on a site and noted which ones could be removed. Regular woodland management was permitted, but when the homeowner purchased the lot, they cleared the land having no idea a tree protection plan was in place even though a title opinion had been done. Tallman said in terms of the language perhaps something could be added such as management consistent with preservation of native species was permitted. Pt would be general language but would allow the trimming back of invader species and help keep the lower level understory healthy, and control the woody vegetation. Tallman said she would also like to see another measure to prevent an attorney from missing what was required on each and every lot. That would mean filing twenty individual plats for the twenty individual lots. Freerks asked if Tallman would be available free of charge if a homeowner requested to discuss those types of things. Tallman said that was what Housing and Inspection Services did and they would certainly be available. Freerks suggested having a notation made that land purchasers could go to the Office of Housing and Inspection Services for information and assistance. Tallman said they kept the subdivision flies, the plats and other records, but not private covenants as the City was not a pady to the private covenants. The City was not responsible for enforcement of private covenants. Tallman restated that her suggestion would be to have a lot-by-lot recording requirement with the Johnson County Recorder's office. Tallman said she would like an explanation of how, when a subdivision plan was recorded with a tree protection plan in place and referenced in a conditional zoning agreement which was recorded, could a person who was a first time buyer of an undeveloped lot hire an attorney to do a review and the attorney did not pickup the Planning and Zoning Commission Minutes May 2, 2002 Page 5 agreement when rendering the opinion. Behr said he did not know how it happened in the specific cases Tallman referenced, but the Commission did not have the authority to require the subdivider to record anything more than the plat. The applicant had not been asked to do so and now the process was at the final plat stage. Behr said as with all plats, there were enforcement issues that did arise. Tallman said staff uses a computer program that allowed them to tag attributes to parcels of land. When the parcels were given parcel numbers they would go into each parcel and place a tag on it so when a building permit was applied for, a warning would be raised stipulating the special circumstances. Behr said the City could not guarantee against mistakes by abstractors, attorneys or others involved in the sale process. Under its ordinances, the City could control the language which was to the extent of the ordinance. At the preliminary plat stage, if additional language had been brought up and the subdivider had been asked to voluntarily incorporate it, it could have been discussed at that time. Some of the current language was additional language, but they were now at the final plat stage. Yapp said ultimately it did become an enforcement issue for the City. The City would likely find out about infractions on a complaint basis and follow up with some type of action and try to get it rectified. Tallman clarified the language did exist to do so through the Sensitive Areas Ordinance. Hansen and Freerks said once a mistake had been made, it was very hard to correct. They asked how had previous situations been handled? Tallman said the City had stopped the owner of the lot where they could; Tallman, the City Forester, the lot owner and a design professional had visited the site to see what was left after the tree clearing had occurred; and defined a new limit. However once natural resources had been removed, they were gone. It was a matter of fixing what was gone and establishing a new stop line. Hansen asked if it was possible to make a reference to the appropriate species plant list in the language in the plat. The way the language currently read, "plant species which are appropriate for erodable soils shall be planted," if someone didn't know a list existed they could go off on another trail. Behr said the first paragraph of the note, the last sentence, was extra and specific to that plat. That language was not in the ordinance itself. Yapp said that was why he had recommended earlier in the conversation to ensure that the appropriate plant species list became a part of the covenants of the subdivision. Behr said by putting the plant list in the legal papers, and not just relying upon the note, if the landowner disturbed vegetation and did not use plant species appropriate for erodable soils, that would be the point at which they had violated the contract with the City. Behr said the point was the City did not have the authority to impose upon the subdivider to put the list on the final plat. It was beyond the reach of the ordinance. Behr said the City did not enforce private covenants or restrictions. The City did enforce the subdivider's agreement which said "the vegetation shall be maintained to the maximum extent possible and where disturbed, they shall use appropriate species." Behr said that is what they could enforce by way of the subdivider's agreement. Tallman said at times owners of a lot had gone in and done some clearing before applying for a building permit. That situation was where they should have known before ever going to the City for their permit. The clearer it could be made on the plat and on any accompanying landscaping plan, the better. The people who were doing the research before the purchase would know. Tallman said they had already begun flagging lots on similar developments where a conservation easement existed. However, it did not help where the gap existed, when a person bought a lot, cleared the property, and then came to their office for a building permit. Hansen asked if there was any way the realtor could share the information with the purchaser right up front. Tallman said one would think the realtor could and would do so. Planning and Zoning Commission Minutes May 2, 2002 Page 6 Koppes said when reading the language on the plat, it spoke only about the steep and critical slopes. Did that mean that any other part could be cleared? Behr said steep and critical slopes beyond the construction limit could not be graded or excavated. Koppes asked what about the vegetation, could it be cleared? Behr said no, "existing vegetation on the steep and critical slopes beyond the construction area could not be disturbed and shall be maintained to the maximum extent possible." He said the language was precisely as stated in the Sensitive Areas Ordinance. Loomis said he felt the language should be clarified because the use of the neglected pasture land would be transferred from a farmer to the Press Citizen to twenty individual lot owners. It would subject persons such as Tallman to a nightmare of enforcement, so the language should be clarified yet that evening. Loomis said he felt that since this was the final plat, it should not be passed unless the language was clarified. Bovbjerg asked Behr if there was anything else that the Commission could do to do any clarifying except what was put in the public record. Also, could the City Council do any further restrictions or clarifications when it came to them? Behr said not at the final plat stage because the Commission's review was to make sure the final plat was in compliance with the preliminary plat. Chait said the preliminary plat will be before the Council on Tuesday, May 7, 2002, so there would still be time for Loomis to address his concerns to the Council. Public discussion was closed. Motion: Shannon made a motion to approve SUB02-00006, an application submitted by Hickory Heights L.L.C. for a final plat of Hickory Heights, an 18.2-acre, 20-lot residential subdivision located west of Scott Boulevard subject to staff approval of legal papers including protective covenants which address appropriate plant species and construction drawings prior to council consideration of the final plat. Anciaux seconded the motion. The motion passed on a vote of 7-0. CODE AMENDMENT ITEM: Amendments of Sensitive Areas Ordinance regarding regulation of wetlands. Yapp said the Commissioners had been given a copy of a correspondence from Amy Bouska regarding support for the proposed wetlands amendments. Behr presented Staff report. He said a memorandum about the issue had been provided to the Commission in their information packet. In January, 2001, the United States Supreme Court issued a decision referred to as the SWANCC decision. The net result of that decision was that the Federal Army Corps of Engineers (COE) had less authority to regulate isolated wetlands. Isolated wetlands were wetlands which were not directly adjacent to a navigable water or tributary to a navigable water. In July, 2001, First Assistant City Attorney Sarah E. Holecek issued a memorandum to the City Council specifically discussing the court decision and highlighting the fact that the current Sensitive Areas Ordinance (SAO) regulated wetlands in accordance with the Corps. The net result of the SWANCC decision was less COE regulation of wetlands. Behr said in turn, that meant less or no City regulation of isolated wetlands. After receipt of the memorandum from Holecek, Council directed Staff to prepare amendments to the Sensitive Areas Ordinance to regulate isolated wetlands as they were regulated prior to the SWANCC decision. Behr said specific text amendments had been drafted to the Sensitive Areas Ordinance that would apply to isolated wetlands. He said the most important amendments were to the Planning and Zoning Commission Minutes May 2, 2002 Page 7 Exemptions section of the Sensitive Areas Ordinance. Previously the pertinent exemptions exempted encroachment upon jurisdictional wetlands. Now that the isolated wetlands were no longer jurisdictional for the COE, the proposed amendments inserted the exemptions for single- family housing and duplex residences as ¼ acre of wetlands, so encroachment upon less than that would be exempt. For other activities, a disturbance of less than ¼ acre would be exempt. Behr said these amendments were consistent with how the exemptions were originally drafted when the Sensitive Areas Ordinance was put in place. Behr said what the amendments were trying to achieve was to put the Sensitive Areas Ordinance back where it was before the SWANCC decision was enacted. Behr said he referenced what might be perceived as a gap in the final paragraph of his memo. Small amounts of isolated wetlands, between 1/10 and ¼ of an acre, would not be subject to the regulation as they might have been before the SWANCC decision. Public discussion was opened. Becky Soqlin, co-founder of Iowa Wetlands in Need. Soglin said she helped to raise this issue last summer. She urged the Commission to vote in favor of the proposed amendments. In response to a question from Bovbjerg, Soglin said the organization, Iowa Wetlands in Need, was formed last year in direct response to the January 2001, decision by the Supreme Court. They worked at the local, county and state levels to try to get protections for the misunderstood isolated wetlands. Ray Funk, 416 South Dodge Street, said he had researched total acreage versus natural acreage. Areas should be looked at in terms of natural acreage instead of total acreage when developing an area. He also researched first cuts, which should only be done after an area has been assessed to see what type of wetlands existed on a terrain and how beneficial it was to the area. Funk had also researched the importance of having natural buffers surrounding a wetland area. Funk said he thought the natural approach was the best way to go. David Riley, representative of local Environmental Advocates and the Iowa Environmental Council. He said he supported the writing of the language proposed by Staff. Riley said over 90% of the original wetlands of Iowa had been destroyed. It would be very tough to replace a natural wetland with something that had been man made or constructed. He said wetlands provided water filtration services and other beneficial water quality enhancing features and acted as sinks nitrogen and phosphorus for runoff. Riley said he felt the ordinance was a good one and should be passed. He said at the State level to push this through legislation would require the DNR to do it, but their plate was overfull with many water quality issues. Wisconsin had re-established similar proposed amendments. Nationally it had been struck down in hopes that states, municipalities or county government bodies would replace or monitor the terrains. Riley said he felt that some areas in Iowa City that previously would have been protected had been destroyed in the past year. Pat Cancilla, representative of 1,000 Friends of Iowa, a state-wide organization that devoted its activities to using proper techniques with regard to development to try to preserve natural resources. Cancilla said he suppoded what the previous speakers had said. It was incredibly important that the City tried to maintain sensitive areas, in particular the wetlands, because of all the changes that could take place when there were inadequate wetlands. William Buss, 747 W. Benton Street, spoke to an earlier question posed by Shannon. He said that the Supreme Court decision said that the statute did not permit coverage of isolated wetlands, and it was a decision that was based on a lot of question about whether the Congress Planning and Zoning Commission Minutes May 2, 2002 Page 8 had the power to regulate isolated wetlands. Buss said there was no expectation that this would be changed at the national level at this point. Richard Rhodes II, 2014 Rochester Avenue, said he was on the committee that helped to develop the Sensitive Areas Ordinance (SAO). Rhodes said he felt that the changes that were before the Commission reflected the spirit in which the Sensitive Areas Ordinance had been negotiated. He said a question had come up at the informal work session regarding what would happen if a plat divided a wetland in such a way that it fell out of regulatory range because of reduction in size. Rhodes asked what effect would an auditor's plat have upon a potential division of a regulatable wetland into two un-regulatable fragments. Although it was not a wetland, the example of Napoleon Heights did come to mind. Behr said extremely creative platting by auditors parcel or subdivision could divide up parcels which would leave parcels that would fall into the exemptions. Behr clarified that if a wetland over ¼ acre in size is found to be on a property proposed for subdivision or development, a Sensitive Areas rezoning would be required. Connie Mutel, Solon, Iowa, said she was there to speak as someone who had done a lot of historical research and writing about natural areas and natural area preservation. Mutel had recently read a lot of settlement journals for Johnson County and 1800's history of Johnson County. Mutel said the writers and early residents had always assumed that nature would be spoiled by Euro-American settlement. The writers assumed that these qualities would disappear in a very short period of time. Mutel said she felt the Sensitive Areas Ordinance was a landmark piece of legislation and a change in consciousness. She said she would hate to see the City moving back into a place where economics or other goals took precedence. Mutel said she would encourage the Commission to support the Sensitive Areas Ordinance as it was originally written and the amendments as they were proposed by Staff. Larry Schnittier, MMS Consultants, said he did not have a lot of problem with maintaining sensitive features, but they had struggled with the Sensitive Areas Ordinance (SAO) for several years. There were a lot of issues, such as those that had been discussed regarding Hickory Hill and wetland areas, and how they would be maintained and what would be done with them. Schnittjer said if the Commission was going to proceed, there would need to be a lot more thought into what effects the Sensitive Areas Ordinance would have. Builders had to be concerned about land areas and land costs. By placing a buffer around a wetland a very small area of wetland could consume up to 1 acre of land. In a commercial area, land value was worth $3.00 - $9.00 a square foot so the acre of buffer was valued at $120,000 to $360,000. Didn't that mean something? Schnittjer said many commercial entities did not have the time or equipment to maintain lots with buffer features nor did they wish to pay taxes on land they could not use. Schnittjer said more definition of the Sensitive Areas Ordinance, its features, what was anticipated and what was to happen were needed. Chair said what the proposed amendments to the Sensitive Areas Ordinance did was to place the regulation of wetlands back to where they were before the SWANCC decision was rendered. Chair said Schnittjer's concerns were valid, but it simply put the situation back to a place where Schnittjer had been dealing with the Sensitive Areas Ordinance for years. Chair suggested that Schnittjer might more logically express his concerns to Council to revisit the Sensitive Areas Ordinance, then they could direct the Commission to revisit the issue. Schnittjer said he would like to get the Commission to discuss or forward it on to the Council to get funds into the budget for some sort of public entity that would maintain those types of spaces rather than the individual homeowner. Not every project had a homeowners or development association to maintain buffered areas. There were also legal ramifications as to how long a homeowners association had to remain in existence. Bovbjerg said as the rewriting of entire Planning and Zoning Commission Minutes May 2, 2002 Page 9 zoning codes progressed, it was important that those types of concerns were expressed and explored. The Sensitive Areas Ordinance would also be reviewed in the rewrite. Shannon asked when a plat was done, did wetlands go against the percentage of open space/public areas that were required to be shown. Schnittjer said it depended upon whether it was accepted as an open space by the City and the Parks depadment. The only time credit was given for density was when a planned development was being designed. A regular subdivision did not give credit for density, if the land was not available for use, it was waste ground. If it was not a usable open space such as for trails, it was a place to raise mosquito's. Schnittjer said in many situations buffers didn't go well with an urban environment, often beauty was in the eye of the beholder. Yapp said he wished to clarify that there was always the opportunity to transfer density from a wetland area if the developer chose to go that route. In response to a question by Chair regarding wetlands that had been compensated for in the Nodh Airport Commercial Development, Yapp said compensatory mitigation of a wetland area was different than what was being discussed. Behr said the COE engaged in compensatory mitigation. The City had done it in the North Airport Commercial Development to comply with the COE. Both the City and developers had done it under the regulation of the COE. For isolated wetlands, that would no longer happen. Hansen asked if it was possible to consider isolated wetlands as an entity, regardless of lot lines. Behr said, in his opinion, if someone had a partial wetland on their property less than ~ acre in size, they could fall within the exemptions by doing so. Behr said if there was a parcel that had '~ acre of wetland and it was subdivided, the Sensitive Areas Ordinance would apply. Because it was a ¼ acre wetland, it could be regulated. However, if the lot lines were already in place, it would fall under the exemptions. Hansen asked if a two-acre wetland was held in ownership by four persons proportionately, could it potentially be destroyed. Behr said that was correct if the lot lines were perfectly as such, however this would be an extremely rare occurrence. Robyn Shrader, 1104 Weeber Circle, said she was disappointed by the gap between 1/10 and '/~ acre for which no compensatory mitigation would take place. She wanted the Sensitive Areas Ordinance (SAC) to be as strong exactly as it was before and felt it may not have been as strong as it should have been. She said she felt the adoption of this ordinance gave developers exactly what they were asking for - clarification of what would be required when a piece of property was purchased and was to be developed. Shrader said citizens had expectations around the SAO's based on the ordinance that had been in place. The more specificity that could be provided, the better. Shrader said she did not want the Commission to lose the perspective that if someone bought a piece of property and could not use every square inch of the property in the way they had planned as the most economically viable, other uses of the property might compensate them well enough or better than planned uses. Shrader said ownership had responsibilities. She said taking care of our community, of our environment, of the greater good of the community was a responsibility that we all shared, whether we were small landowners or large landowners. Behr said on the issue of avoiding the risk of persons having lot lines that carved up a piece of property perfectly so as to avoid the Sensitive Areas Ordinance the amendment did not enhance nor diminish that risk. That risk had always been in place with the Sensitive Areas Ordinance Steve Hendrix, 738 Dearborn Street, said he was an ecologist with the Department of Biological Sciences. He wished to endorse the amendment from the perspective of the science end of Planning and Zoning Commission Minutes May 2,2002 Page 10 protecting nature. Wetlands and natural areas provided a number of extraordinarily important ecological services to the community. Those areas also harbored significant species which pointed to the fact that many places that existed in the past were not around any more. He endorsed the idea of buffers. Hendrix said he felt what the Commission was trying to do was a logical and raasonable step in light of the Supreme Court decision. Hendrix said it was his understanding that the Commission approved the plats of subdivisions of properties and he strongly encouraged them not to approve any disingenuous subdividing of property that was designed to avoid the implementation of the Sensitive Areas Ordinance. Dou,q Paul, 2565 Bluffwood Lane. Paul said he resided on the east side of town and owned two farms. There was an economic impact of the Ordinance that was not being discussed or was not even being acknowledged. He said earlier in the week the City had successfully argued that one of the farms had suffered over a three year period from an earlier appraisal to a later appraisal by the same appraiser. Paul said that the City's argument was that the farm had lost approximately $400,000 in value due to the impact of the Sensitive Areas Ordinance. The development problems caused by the Sensitive Areas Ordinance was the reason that the farm had not sold in two years. Paul said it should be a consideration - was the City willing to acknowledge that the Sensitive Areas Ordinance could reduce the value of any property in the Iowa City limits to which it would apply. It was not just speculation, but a reality in appraisals. Behr said his office was aware of the situation. However, he did not think that anyone from the City had ever maintained that the Sensitive Areas Ordinance did not have an effect on the values of property. When the Sensitive Areas Ordinance was passed, that particular issue had been considered. Behr said the issue of whether or not the Sensitive Areas Ordinance affected the value of land had to do with the whole Sensitive Areas Ordinance and was not specific to this amendment or to Paul's property. Public discussion was closed. Motion: Hansen made a motion to approve the amendments of the Sensitive Areas Ordinance regarding regulation of wetlands as set forth in the memorandum from Behr dated 4/26/02. Koppes seconded the motion. Chait said he felt the concerns that had been expressed were valid, but the politics and economics of the Sensitive Areas Ordinance (SAO) were not an item over which the Commission had any purview. There were a lot of bigger issues that had been talked about and to revisit the Sensitive Areas Ordinance was extremely reasonable. A joint meeting between the Council and the Commission was appropriate. Freerks said it was unfortunate that the gap existed, but she understood the reality of the situation. She felt passing the amendment was the wise thing to do for the long-term health of the community. Anciaux said as long as Legal Staff thought the amendments were on solid ground and were legal, the Commission should go along with the amendments. Bovbjerg thanked Staff, Legal Staff and all the citizens who had been very concerned not only with the amendments but with the Sensitive Areas Ordinance over the years. She felt they were filling in the gaps. The motion passed on a vote of 7-0. CONSIDERATION OF APRIL 18, 2002 MEETING MINUTES: Planning and Zoning Commission Minutes May 2, 2002 Page 11 Motion: Anciaux made a motion to approve the minutes as submitted with corrections as provided to Miklo. Koppes seconded the motion. The motion passed on a vote of 7-0. OTHER: Yapp reminded the Commission they been given a copy of memo written by Karin Franklin to the City Council as an FYI. Franklin had summarized some of the issues that had come up in the discussions associated with the South Gilbert Street project. ADJOURNMENT: Anciaux made a motion to adjourn the meeting at 9:08 pm. Shannon seconded the motion. The motion passed on a vote of 7-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill RULES COMMITTEE MEETING May 29, 2002 Committee Members Present: Lehman, Champion Staff Members Present: Karr Board of Adjustment By-Law Change The Rules Committee recommends approval of the changes as noted in the Board of Adjustment minutes of April 9, 2002, and outlined in the May 9 staff memo attached to the minutes. MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, APRIL 23, 2002 MEMBERS PRESENT: Lori Benz, Jay Honohan, Betty Kelly, Allan Monsanto, Charity Rowley, Deb Schoenfelder, Jim Schintler and Carol Thompson MEMBERS ABSENT: Joanne Hora STAFF PRESENT: Michelle Buhman, Linda Kopping, Susan Rogusky and Julie Seal GUESTS: Jo Hensch, Beth Engle CALL TO ORDER Honohan called the meeting to order at 3:05 MINUTES Motion: To approve the March minutes as distributed, The motion carried on a vote of 7-0, Kelly, Monsanto PUBLIC DISCUSSION None PROGRAM COMMITTEE UPDATE- Hensch Jo Hensch reported that the Program Advisory Committee recently lost two members due to the resignation of Joy Talent and death of Frieda Shannon. Beth Engle has volunteered to fill Talent's position. On behalf of the Committee, Hensch requested that the Commission approve Engle's appointment to the Program Advisory Committee. Hensch reported on the following Committee activities: 1. The Program Advisory Committee has completed and approved their operational by-laws. 2. Committee members have asked the members of the Participant Advisory Committee to forward responses to programming questions contained in the general participant survey that was conducted late in 2001. Committee members plan to analyze the responses and make programming recommendations based upon their findings. 3. A Program Evaluation Form has been developed and will be used to gather participant feedback on Senior Center programs. Hensch reviewed and discussed the evaluation form with Commission members. Buhman will work with Hensch to revise the form so it can be easily produced and tabulated using the Senior Center's survey software. Motion: To approve the appointment of Beth Engle to the Program Advisory Committee. The motion carried on a vote of 8-0. Schintler/Schoenfelder C:\TEMPgApril02.doc MINUTES 2 SENIOR CENTER COMMISSION TUESDAY, APRIL 23, 2002 28E COMMITTEE UPDATE -Thompson The Committee has not met recently, but plans are being made for a meeting to be held in the near future. VOLUNTEER RECOGNITION REVIEW--Benz The Volunteer Recognition program held on Monday, April 22, 2002, was a success. Benz and Rogusky did an excellent job speaking and moderating (respectively) the event. Attendees seemed to enjoy the entertainment, food, gifts and door prizes. LANDSCAPING PROJECT- Kelly Kelly reported on the landscaping project that is being designed and coordinated by several volunteer Master Gardeners and Center staff members. The preliminary landscaping designs were reviewed and a project update provided. Kelly noted that overall goals of the project are to have flowers blooming all season long, include plants native to Iowa, and have a final product that requires a minimum level of maintenance. Currently, the Master Gardener's have about 15 volunteers who are willing to provide assistance with planting and other landscaping tasks. A source for free fertilizer has been identified and a bid will be sent to local nursery's for cost estimates on many of the plants and edging. Kelly reported that an effort is being made to identify and obtain the lowest cost, quality material for the project. As a result, material will come from a variety of local sources as well as plant catalogues. Motion: To tentatively approve the landscaping proJect plans subject to the total cost. Motion carried on a vote of 8-0. Thompson/Benz NUTRITION PROGRAM LEASE UPDATE- Honohan A copy of the draft lease was sent to Elder Services, Inc. for review and a meeting to discuss the proposed lease has been set for May 1, 2002. Representatives from Eider Services, Inc. Assistant City Attorney Sue Dulek, Commission Chair Jay Honohan, and Senior Center Coordinator Linda Kopping will attend this meeting. FY03 BUDGET UPDATE-Kopping Kopping noted that a combination of permanent and temporary budget reductions are necessary because of the County's decision to reduce operational funding for the Center in FY03 by $45,000. A list of recommended budget cuts (totaling approximately $45,000) and possible revenue generating activities for FY03 and beyond was included in the Commission's April meeting packet. Kopping reported that the recommendations contained in the proposal were the result of exceptionally thorough budget reviews done by the members of the Participant Advisory Committee, Finance Committee, and staff. 06/03/2002c:\tem p\april02.doc MINUTES 3 SENIOR CENTER COMMISSION TUESDAY, APRIL 23, 2002 Each of the recommended cuts and possible revenue generating ideas were reviewed and discussed by the Commission. Motion: To approve the proposed budget reductions for FY03. Discussion: Commissioners questioned the impact of reductions in Senior Center Television's temporary staff and the Post's mailing list on community outreach. Commissioners also discussed the implementation of membership fees starting in FY04. Motion carried on a vote of 8-0. Rowley/Monsanto. SENIOR CENTER UPDATE Operations - Kopping Waterproofing Project The entire project has been held up due to a delay in the fabrication of the railings for the Linn Street steps. Once the problem with the railings is resolved, the project should proceed quickly. New Employee Dan Born has been hired to fill the 69% MWl position and is working out exceptionally well. He is scheduled Monday through Friday from 3 P.M. to 8:30 p.m. He spends 4 hours in the Senior Center and 1.5 hours in the Cable TV offices. If the budget recommendation to combine the two existing MWI lines in order to create one fulltime position is enacted, Born will be the first person to be offered the fulltime position. This course of action is outlined in the AFSME contract. Governors Conference on Aging Buhman and Kopping will be at the Governors Conference on Aging May 20 and 21. Kopping will be doing a presentation on the pros and cons of the senior center accreditation process. Because the conference schedule conflicts with the regularly scheduled May Commission meeting, a decision was made to reschedule the May Commission meeting for May 14, 2002. Denver Conference Kopping reported that the National Council of Aging Conference in Denver was excellent. At the conference a great deal of emphasis was placed on promoting civic involvement and service among retirees. It was noted that by promoting volunteerism and encouraging retirees to share their expertise and support their communities, the burgeoning population of retirement age people can become a tremendous social asset rather than a tremendous social burden. The accreditation awards banquet took place and Kopping received the Senior Center's recognition plaque. Unfortunately the plaque had an error on it and was sent back. The Senior Center should be receiving a replacement plaque very soon. Programs - Seal 06/03/2002c:\tem p\april02.doc MINUTES 4 SENIOR CENTER COMMISSION TUESDAY, APRIL 23, 2002 Seal distributed a list of selected programs for May. May is Older American's Month and several events scheduled during the month celebrate the accomplishments of older Americans. The schedule includes a dance, featuring the Silver Swing, the Senior of Distinction Program, the Senior Art Show, and concerts by the New Horizons Band and Voices of Experience. For a complete listing of programs, please see the May Post. Seal requested authorization to spend $644.00 from the Gift Fund to purchase refreshments and decorations for the five major programs offered in celebration of Older Americans Month. Motion: To approve spending $644.00 of Gift Fund money on refreshments and decorations for the five major programs celebrating the accomplishments of older Americans scheduled during May, Motion carried on a vote of 8-0. Monsanto/Schinter. Volunteers - Rogusky Rogusky reported the Center for Learning in Retirement would offer classes starting in September. The Senior Center web site is making progress. Rogusky has received seven pages to proof so far and the full web site should be available to the public soon. City Council - Rowley Rowley reported that there were two questions. One about the MWI position and another about the possibility of charging the nutrition program rent for the use of Senior Center space and utilities. BOARD OF SUPERVISORS - Hora No report available COMMISSION DISCUSSION Motion: to adjourn. Motion carried on a vote of 8-0 Schoenfelder/Monsanto 06/03/2002c:\temp~april02.doc MINUTES FINAL/APPROVED IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, APRIL 25, 2002 CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Betty McKray, Jim Pusack, Terry Smith, Kembrew McLeod, MEMBERS ABSENT: Cathy Weingeist STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling OTHERS PRESENT: Terry Edmonds, Randy Brown, Kara Logsden, Pete Trotter, Phil Phillips, Rene Paine Jon Koebrick RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Shaffer reported that there was a total of 185 complaints covering the period from February 25 to March 25 and for the period between March 25 and April 22 a total of 37 complaints were received. Terry Edmonds from the University of Iowa said that there were some administrative changes last year and he and Trotter inherited the responsibility for the University of Iowa access channel. Plans now are to increase the quality and quantity of programming emphasizing University produced material on things that are happening around campus. Paine reported that they will provide a special workshop to the Youth Leadership Program this summer. PATV is working in conjunction with the Community Television Service to produce a program about United Action for Youth as part of their outreach program to nonprofit organizations. Paine recently talked to the Optimist Club. PATV held their grand opening on April 5. Hardy reported that the Media Unit is helping the Senior Center with wiring to the large assembly room so that programs held there could be cablecast live on the City Channel. With the library in disarray for a couple of years while construction takes place the Senior Center will be able to provide an option to cablecasting from Library Meeting Room A, which is the only other free place to cablecast live from in the city for community organizations. Shaffer referred to the memo distributed at the start of the meeting outlining the impact of the ruling at the Federal Communications Commission regarding the new classification of cable modem service as an information service. Franchise fee payments to the Cable TV Division will be reduced by $90,000- 100,000 per year. Because of the uncertainty surrounding cable modem revenue being subject to franchise fees the Cable TV Division has not included those funds in the operating budget for the last two years but allocated them to the capital budget. APPROVAL OF MINIUTES Smith moved and Pusack seconded a motion to approve the March 2002 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS McKray reported that she has received many compliments on the newspaper guest opinion piece. McKray was invited to speak to the Optimist Club about cable TV issues. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer reported that in the last two months the following complaints were received: 12 about cable modem outages or unreliability, 3 about cable modem download problems, toll free tech support problems, or not functioning properly, 2 about cable modem rates, 1 about poor cable modem service, 25 about cable TV rates being too high, 35 about company phone lines always being busy, 10 about poor overall service, 8 about cable TV changes being confusing including the materials being sent out to subscribers, 13 about not getting all the channels they should, 2 about the lack of competition, 4 about a representative calling to offer a special deal that was not available, 2 about local staff didn't seem to know what was going on, 2 about premium channels disappearing without notice, 5 about not receiving any notice about the changes, 2 about digital tier confusion, 1 about digital box confusion, 5 about no calls back from the cable company, 3 about channel selection on basic being poor and having fewer channels for more money, 1 about no weather channel on the basic tier, 3 about removing some of the channels from the basic tier, 1 about an outage, 1 about the digital service not working, I about a digital service outage, 2 about snow on channel 2, 1 about shutting off their service without notice, 4 about needing to rent a digital box for each television set in their house, 2 about calls being routed to the Des Moines call center which didn't know anything about Iowa City, 2 about no local phone number listed in the phone book, 3 about billing problems, 3 about bills arriving at their house too late to be paid on time, 1 about having to provide their social security number to get the service started, 2 about not being able to record programs with the digital box, 3 about the TV Guide Channel being incorrect, I about not being able to get channels 60 and 61, I about being charged for a converter box they did not have for five years, 1 about a cut cable line that they can't get fixed, one about poor technical quality, 1 about not being able to get channel 70 and 78, 2 about cable service going on and off several times a day, 1 about channels 2-5 being fuzzy, 1 about the home shopping channels being added instead of the channels they had on basic before, I about a signal leakage notice put on their door that indicated they must contact the company for them to repair it or they would be disconnected, but the phone line always being busy, 1 about Mediacom having an out of date web site with wrong information on it, one about the increased rates taking place before the increase in the number of channels offered, one that channels 5 and 12 could not be received, 1 about not being able to get a premium channel without a digital converter box, one that the Starz preview should have been available to anyone with analog service, one about burying a cable, 1 about a nonfunctioning- cable modem, one that most of the new channels are "junk", one that service to a business in the Old Capitol Mall still had not been provided after three months, one that CNN was not watchable on their set. There was a total of 185 complaints covering the period from February 25 to March 25. For the period between March 25 and April 22 Shaffer received 3 complaints about the channels being removed from the basic tier, 10 about rates being too high, 2 about the lack of competition, 4 about the phones being constantly busy, 1 about random snowy channels, 2 about premium channels moving to digital without notice, I about volume being variable from channel to channel, 2 about poor reception, 1 about no or slow cable modem service, 1 about channel 70 and '78 not coming in, 1 about being told their bill was overdue when they had auto- withdrawal payments, 1 about having to have a converter box to get movies, I about the help pages for cable modem technical assistance on Mediacom's web site being down for over a week, 1 about the cable modem speeds being in the 300-500 kilobits range which is no where near the 1.5 megabits advertised, one about not being able to get service, 1 about cable modem technical problems, 1 about being told they had to subscribe to the digital service if they wanted movie channels which is incorrect, 1 about needing a converter box for every TV for the digital service, 1 about cable modem service being technically unavailable, and one about a cable line that was not buried. There were 37 complaints in that period. Pusack said some complaints are routine and easily addressed. Others are indicative of ongoing problems. Pusack said that reporting of complaints may be made more easily understandable if they were categorized. Ongoing, continual problems are more of a concern than isolated problems or complaints about rates. Koebrick said that Shaffer forwards complaints that need to be resolved to him. Close to 100% of the time the problem is addressed. Koebrick asked that resolved complaints be noted in the complaint report from Shaffer. On complaints that are actionable Mediacom typically responds in 36 hours. Shaffer said that is correct for most complaints, but when the number of complaints reaches the level it has recently it is very difficult to keep track of complaint resolutions. Pusack said that the difficulty that Mediacom has in getting TV Guide to accurately list the local access channels is unacceptable. Smith noted that many of the complaints deal with the cable modem service and asked what role the City may have in the matter given the FCC's recent ruling on the classification of this service. Shaffer said that the legal department is reviewing that issue. McKray said that the Commission needs to be concerned with the cable modem service because it will be linked in consumers minds to their cable TV service. Consumers should not be left with the impression the Commission is unconcerned with the services the cable company provides. UNIVERSITY OF IOWA REPORT Terry Edmonds introduced himself and Pete Trotter. Edmonds said that there were some administrative changes last year and he and Trotter inherited the responsibility for the University of Iowa access channel. Funding for this channel was never very large and was reduced last year. Plans now are to increase the quality and quantity of programming emphasizing University produced material on things that are happening around campus. In fact, this evening some of this new programming is starting on U of I TV. There is a request to have the program director position reinstated, but it's a poor time to be requesting additional staff. The goal for the University is to convince Mediacom that they can provide good programming and to expand coverage. It is hoped that the prime time hours will be filled with programming. Trotter said that they have held discussions with many of the departments at the University and there is a great interest in using the U of I channel for a variety of uses including distance education, outreach, and as an outlet for student produced material. Forming an advisory board is planned. Pusack encouraged the University to keep the Commission informed and to work with the other local access channels through the Community Television Group or other collaborative efforts. PATV REPORT Paine reported that PATV has started a campaign to encourage the University of Iowa cable system to keep PATV on their system. PATV has heard a rumor that the University intends to remove PATV July 1, 2002. Edmonds said that has not yet been decided. The decision whether to retain PATV is based on limited bandwidth. In the past this was a subscription service for dorm residents. In the future it will be included in the boarding fees so channel selection needs to reflect the student's interests. Paine reported that they will provide a special workshop to the Youth Leadership Program this summer. PATV is working in conjunction with the Community Television Service to produce a program about United Action for Youth as part of their outreach program to nonprofit organizations. Paine recently talked to the Optimist Club. PATV held their grand opening on April 5. Paine also spoke to the Public Relations Student Society of America at the University of Iowa. PATV participated in the volunteer fair at the Sycamore Mall. This week is volunteer week and PATV has programmed some special programs on volunteers and volunteerism. SENIOR CENTER REPORT There was no representative present. McKray repoded that there have been a series of failures with their new equipment over the past few months. ECC REPORT No representative was present. LEGAL REPORT No representative was present. LIBRARY REPORT Logsden reported that the second program on the new library construction is now playing on the library channel. A new paid ad produced by Mediacom promoting the library will be run soon on a variety of channels. Representatives from the Iowa City Community School District toured the library's facilities to gather ideas on how to utilize their channel. The Irving Webber Iowa City history tapes are being archived on DVDs. Other local history tapes will also be archived. MEDIACOM REPORT Brown reported that they are working on a response to the City's letter requesting information regarding the recent changes made by Mediacom. The number of calls to Mediacom has dropped dramatically. Better service levels are being achieved. The hold time for the month of April was about 24 seconds. Mediacom is working with Qwest to get a busy signal report, but they can not be done retroactively. CITY CHANNEL REPORT Hardy reported that the Media Unit has been focusing a lot of energy on studio productions. The Avatar set will be arriving shortly. The Community Television Service has been quite busy. This week alone there are 6 scheduled shoots. Assistance has been given to the Senior Center with wiring the large assembly room so that programs held there could be cablecast live on the City Channel. With the library in disarray for a couple of years while construction takes place the Senior Center will be able to provide an option for live cablecasting to Library Meeting Room A. CABLE TV ADMINISTRATOR REPORT Shaffer referred to the memo distributed at the start of the meeting outlining the impact of the ruling at the Federal Communications Commission regarding the classification of cable modem service as an information service. Franchise fee payments will be reduced to the Cable TV Division by $90,000- 100,000 per year. Because of the uncertainty surrounding cable modem revenue being subject to franchise fees the Cable TV Division did not include those funds in the operating budget for the last two years but allocated them to the capital budget. TRIENNIAL REVIEW Smith suggested that the first step should be to collect all the information and responses from Mediacom, including the response expected by April 30. The responses to the questions put to AT&T in March 2001 need to be reviewed as well as other relevant documents. Smith suggested holding a special meeting in mid May to review the responses expected April 30. McKray noted that past Triennial Reviews divided the effort into several areas and each Commissioner was responsible for one area. Smith said those areas may come into better focus when the responses to the City's questions arrive. The Commission agreed to hold a special meeting to discuss the Triennial Review on May 13 and to delay the regular May meeting until June 3 as the regular meeting time is on Memorial Day. ADJOURNMENT Smith moved and McLeod seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:58 p.m. Respectfully submitted, Wm. Drew Shaffer