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HomeMy WebLinkAbout2007-01-09 Bd Comm minutes r:n MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, NOVEMBER 2, 2006 LOBBY CONFERENCE ROOM, CITY HALL APPROVED Members Present: Mark Seabold, Chuck Felling, Terry Trueblood, De Layne Williamson, Emily Martin, Emily Carter-Walsh, Rick Fosse Members Absent: none Staff Present: Karin Franklin, Brian Boelk Others Present: Jean Walker, Howard Collinson, Rod Lehnertz, , Pam Trimpe CALL TO ORDER Seabold called the meeting to order at 3:33 PM. RECOMMENDATIONS TO CITY COUNCIL None PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA Walker mentioned that she thought the statue of Irving Weber on Iowa Avenue looked diminished. CONSIDERATION OF THE MINUTES OF THE OCTOBER 5. 2006 MEETING MOTION: Fosse moved to approve the minutes as submitted. Carter-Walsh seconded the motion. Motion passed 7:0. REVIEW OF SUBMITTALS FOR THE GRAND AVENUE ROUNDABOUT PROJECT Franklin said that the committee has gone through a preliminary screening of the artists' submittals. The committee sent the remaining proposals on to the University officials and the Melrose Neighborhood Association after this meeting's review; the next step is to select one to three artists as finalists for consideration. Gene Anderson Seabold said that the art is pretty organic. The second submitted proposal is more typical of Anderson's work. Walker said that the stone proposal was Melrose neighborhood's third favorite choice. The neighborhood was concerned that cars would not be able to see pedestrians walking around. Franklin mentioned that the committee could work with the artist to incorporate changes to the artwork if there were particular things the committee disliked. John Anderson-Bricker Seabold said that the committee all liked this piece. The perimeter may need to be modified to ward off leaves and garbage getting trapped in the art. Franklin said that the inner circle is 8 feet tall and the outer circle is 5 feet tall. The middle portion is 12 feet tall. Walker said that Melrose neighborhood thought that this piece of art is too busy. Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 2 David Black Seabold said that this piece is totally different from other submissions. He really likes that it has a lot of movement. Everyone seemed to agree that this piece would really stand out on the hill. Seabold mentioned that there is always an opportunity for a berm or a limestone wall around the art. Lehnertz brought up that the way the artwork is landscaped can help to keep people off and downplay the maintenance required. Pam Trimpe came in late and asked if the public art committee is set upon having artwork in the roundabout. Trimpe mentioned that the area is already a very busy place with a lot to look out for. Walker mentioned that Melrose neighborhood also had that concern. Franklin said that the group needs to keep in mind that the purpose for the roundabout is to organize traffic and pedestrians that are currently passing through the area. The pedestrian crossings will be pushed back and they will be clearly marked. The roundabout will better organize the traffic. Walker mentioned that artwork with landscape qualities may not be as distracting. Ed Carpenter Franklin said that Carpenter's pieces do not move. He does use light in most of his work. Franklin said that if the committee is interested in this artist, the City would be looking at something that is very much scaled down from his proposals of past work. Presumably, the costs will be scaled down as well. Robert Ellison Walker said that Melrose was concerned that people would be drawn to the artwork and want to climb on it. Carter-Walsh said that the colors make the piece look dated. Collinson said that the upkeep on this piece would be very difficult and it would not look good once it got dirty. David Hale Franklin said that David Hale is a University student. Walker said that this piece was the neighborhood's first choice, but they were concerned about whether he had the experience to pull it off. Walker said that the neighborhood felt that this piece fit the sight well, the color would blend in, but not disappear, and they liked the feeling of motion caused by the clouds on top. Seabold said that the piece is predominantly granite with steel bars in between. Trimpe thought that people would climb on it as if it were a jungle gym. Carter-Walsh said the piece is attractive. Seabold said that it is more inviting than Gene's piece. Lehnertz wondered whether the group is looking for something that will be a beacon drawing the driver up the hill. Seabold said that the site is probably one of the most prominent sites in the city. Lehnertz said that something very large and prominent would be very hard to take in as a driver is moving past the site. Jon Barlow-Hudson Walker said the neighborhood thought the first proposal was too tall for the width. Trimpe said the shapes in this proposal were great. Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 3 Howard Kalish Walker said that this proposal was not a favorite of the neighborhood. She thought it would be referred to as pick up sticks. Martin said that it is not very substantial as far as blocking the site. Williamson said that she liked it, but not for this site. Lehnertz said that from a distance the colors would disappear. Fosse clarified that in roundabouts, it is a design technique to include artwork that you cannot see through so that you do not see oncoming traffic. Mark LaMair Seabold mentioned that LaMair just did a sculpture for the Sycamore Greenways Trail. He said that it looks inviting. Lehnertz mentioned that it looks like a bench to sit on. Fosse wished that all of the artists would have included the surrounding buildings in their proposals. Tuck Langland Franklin said that this piece is three dancers that are all pointing in the direction of the streets. Walker said that the neighborhood did not think that the location was good for a figurative piece. It would attract too much attention. Mark Leichliter Williamson said that duet is 12 feet tall. She pointed out that the sculptures show an 'I' and a 'C' for Iowa City. Walker said that the neighborhood thought it was too thin. Don Mitchell Seabold mentioned that Mitchell recently created the sculpture at the Kicker's Soccer Park. Fosse said that the purpose of the roundabout is to bring order, and this sculpture is not calming. Walker said that the neighborhood felt that the second proposal looked like a ferris wheel. Steven Woodward Walker said that the neighborhood thought that this piece would be the most polarizing. People would either love it for being whimsical or hate it for being too obvious. Carter- Walsh said that the piece is 6'9" feet tall. Fosse said that the piece would be a great place to sit and would attract too many people to it. Seabold suggested that the group make a short list of the proposalS they like. Fosse wanted to hear from the University. Lehnertz said that he wants the piece to stay practical. The major concerns for the University are the idea of traffic order and calming. He thinks that no matter what is done at the intersection, it will still be a challenging intersection. Almost all of the traffic is coming from one direction, so people on the other sides are not used to people coming from other directions. Lehnertz said the piece should be centered in landscaping and less-visually impressive. He mentioned creating a prairie, or something similar, to landscape the roundabout. He mentioned that Gene Anderson's pieces would fit the site without distracting drivers. Collinson said that he likes Gene's second proposal. He thought that the group should ask the artist for a couple of other proposals. He likes the idea of some interesting artificial boulders. Lehnertz said that the artist could work with the University's landscaper. Trimpe said that her first preference would be only landscaping. Her second Iowa City Public Art Advisory Committee Minutes August 3, 2006 Page 4 preference would be to go with Gene Anderson. She said that she does not want the piece to look as random as Gene's first proposal and suggested bringing in the artist to voice likes and dislikes. Trimpe left the meetina at 4:22 PM to teach a class. Boelk likes Gene's proposal as well. He wondered if blackening or engraving the art could be a possibility to provide direction to drivers. Lehnertz said that the University wants a 20 foot tall directional sign. He said that if people do not have enough guidance there will be accidents. Walker said that she understands the practicality, but this is meant to be a work of art. Lehnertz said that preparatory signs could get the signs off the island. He said the University's biggest concern is people coming from Melrose. Fosse said he likes the idea of working with Gene and asking him to come back with additional options. Lehnertz said that he would encourage Gene to think about the island from a landscape perspective. He said that Bob Brooks would be happy to work with him. If he wants a landscape consultant, Brian Clark is usually the University's first choice. Seabold asked if the group wants to work with anyone else, or if they would like to select Gene Anderson. The group seemed to agree that everyone would be happy with Gene Anderson. Fosse said ornamental grass would be more effective than prairie grass. Lehnertz said that if the group wants to go with Bob Brooks, since this project is not too intensive, that he would be happy to meet with the committee to discuss landscaping options. ADJOURNMENT The meeting was adjourned at 4:35 P.M. Minutes submitted by Abby Attoun. Public Art Advisory Committee I Attendance Record 2006 Term Name Expires 1/05 2/2 3/2 4/6 6/1 7/6 8/3 9/7 10/5 11/2 Emily Carter Walsh 01/01/08 OlE X OlE X X OlE X X X X Charles Felling 01/01/09 X X X X X X X X X X DaLayne Williamson 01/01/09 X X X X X X X X OlE X Emily Martin 01/01/08 X OlE X X OlE X X X X X Mark Seabold 01/01/07 X X X X X X X X X X Rick Fosse X X OlE X X X X OlE X X Terry Trueblood X X X X X OlE X X OlE X Key: X = Present 0 = Absent OlE = AbsentlExcused o:rJ APPROVED MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 16, 2006 -7:30 P.M. RECREATION CENTER - MEETING ROOM B CALL TO ORDER: Brooks called the meeting to order at 7:32pm. MEMBERS PRESENT:Wally Plahutnik, Beth Koppes, Charlie Eastham, Bob Brooks, Ann Freerks,Terry Smith MEMBERS ABSENT: Dean Shannon STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Matthew Schulz (67 Goldfinch Circle), Sarah Swartzendruber (One South Gilbert Street), Ben Longstand, Bryan Alexander (60 Goldfinch Circle), Diedre Fleener (72 Goldfinch Circle), Dave Fleener (72 Goldfinch Circle), Michelle Jones (88 Heron Circle), Brad McCuska (94 Heron Circle), David Gosse (57 Goldfinch Circle), Dave Larsen (Kalona), Dan Tiedt (526 Woodridge Ave 11) RECOMMENDATIONS TO COUNCIL (become effective onlv after separate Council action): Recommended approval, by a vote of 6-0 (Shannon absent) an amendment to the Zoning Code to allow a minor modification in cases where there are practical difficulties meeting the standards for structured parking facilities when retrofitting such facilities within existing buildings. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING/DEVELOPMENT ITEM: Discussion of a site plan for Lots 40 and 41 Olde Town Village and Auditor's Parcel No. 2006030, a 5-building commercial development located at the southeast corner of Scott Boulevard and Rochester Avenue. Miklo pointed out the documents before the commission: . Revised site plan from the applicants - the plan had arrived at 4;30 and staff has not had the chance to review it yet. . The Commission had requested meeting minutes from the previous meetings at which this property had been discussed. The minutes indicate that in 2000, there was a request to annex the property into the city and zone the property CC-2. The Commission recommended approval contingent on zoning the property interim development until the applicant could bring a concept plan showing how the property would fit in with the comprehensive plan. The applicant came forward a year later with another rezoning request for CC-2, accompanying by the concept plan shown on the overhead. The Commission was of the opinion that the plan fit the general concept of the Comprehensive Plan even though it did ton follow the Northeast District Plan exactly. . An enlarged, more detailed concept plan Planning and Zoning Commission November 16, 2006 Page 2 . A site plan for Lot 48 which is in the NE corner of the property (this plan was approved). Even though the concept plan showed a convenience store on this lot, staff had approved retail/office buildings in this location because the building designs and locations met the principles outlined in the Conditional Zoning Agreement (CZA) including builds adjacent to the sidewalk and parking being located behind. Miklo reviewed the reason why this site plan is before the Commission. The site plan must be reviewed by the Planning and Zoning Commission if owners of more than 20% of the property within 200 feet of the property included in the site plan, sign a petition. There were a number of deficiencies in the site plan but many of them may have been corrected in the plan that was submitted at 4:30 this afternoon. To give the Commission and staff time to review the revised plan, Miklo recommended that a meeting be called next week to discuss further. In addition to the technical requirements The Commission must also determine whether the site plan meets the concept plan that was included in the CZA. Brooks asked if there were any questions for staff. There were no questions for the staff. Brooks opened the floor for comments from the applicant. Sarah Swartzendruber, attorney for the applicant, expressed the excitement of many of the residents in the area about the development and the businesses and restaurant that it will bring to the area. She said many of them wanted to come to support the project but she advised them not to because Commission should stay focused on the site plan and not some of the issues like traffic that some of the other neighbors might bring up. Swartzendruber stated that the site plan is very technical and is usually handled administratively. The site plan is required to be approved if it complies with the underlying zoning classifications (the conditional zoning agreement). The numerous technical difficulties that were present have dwindled to minor landscaping revisions, approval of A TM special exception considerations, and a lighting plan. Swartzendruber stressed that the site plan is not required to mirror the concept plan exactly. She requested that the Commission approve the plan subject to the three minor deficiencies being corrected. Plahutnik refereed to CZA #2, subsection 3, subsection 2 and asked which side of the buildings was the front and which was the back. Swartzendruber answered that the buildings can be accessed from both sides, it has two fronts, making it pedestrian-friendly. Eastham said that since the CZA has a concept plan attached, it is important to make sure that the site plan matches the concept plan. Eastham thinks there is more variance than is usually seen between a concept plan and a site plan. Also, the concept plan shows that linear space of the parking adjacent to Scott Boulevard is approximately 1/3 of the space between Middlebury and the corner of Scott. Eastham feels that this does not correspond with the concept plan in this regard. Swartzendruber said the concept plan was there to give guidance to those who are reviewing the site plans. When the Zaijicek site was rezoned and incorporated into this development, there were discussions that they did not want to submit a concept plan because it is difficult to know what you will do with a site until you have a user. When the bank made the application, they thought it would be a good way to bring the two properties together (Lots 40 and 41 and the Auditor's Parcel-Zaijcek). Eastham said his concern is the linear nature of the parking and the lack of landscaping as opposed to the original concept plan. Planning and Zoning Commission November 16, 2006 Page 3 Swartzendruber said that if the original linear nature was followed as proposed, you would have a sea of parking along Scott Boulevard so they amended their plans to take this into account as well as comply with the CZA and zoning requirements. Ben Longstand with Build to Suit stated that his company originally came forward with a plan to only develop lots 40 and 41. They then decided to submit the plan for all 5 buildings as requested by staff. The parking has changed because in order to get enough spots for commercial use you would have ended up with a sea of parking between the bank and Rochester. The concept is that there are two front doors to the buildings and it is very pedestrian friendly. The developer is talking to several local businesses who are interested in moving or expanding to the east side. Public Discussion was opened. Matthew Schulz (67 Goldfinch Circle) said he went around to various houses last night and got signatures from 20 households as compared to only 7 households that signed the required petition. Schulz is not trying to inhibit the plan but has concerns about the circled site which is zoned neighborhood commercial in the Comprehensive Plan. The site only succeeded in being rezoned to CC-2 when it was attached to a CZA which referenced back to the district and Comprehensive Plan. He thinks there is much more to consider than technical questions. Schulz pointed out CZAs that were of concern to him as much more than technical questions. This is why Schulz would like P&Z to review this application instead of staff. Schulz is also concerned that the site plan differs substantially from the Comprehensive Plan and conditional zoning arrangements for the site. Schulz stated that many of the people who signed his petition do not have homes facing Scott Blvd but are concerned by the difference between the concept plan and the site plan. Schulz discussed the difference between the number of parking spaces in the concept plan and site plan. Schulz also brought forward concerns from the residential neighbors that they will be exposed to additional light and noise due to increased traffic. Requested that some if not many of the parking spaces on Scott be replaced with landscaping. Bryan Alexander (60 Goldfinch Circle) said his major concern is noise, especially early in the morning. He claims that only two people have come in to support the project but they have multiple signatures that do not support. He is also concerned with the size of the signs and the aesthetics of the buildings. He wishes that they would look more like houses with pitched roofs such as the Iowa State Bank on 1" Avenue. He is also concerned about the odors that may come from restaurants and thinks it unfair that the developers don't have to live in the area that they develop and that the residents will not profit from the new businesses. Diedre Fleener (72 Goldfinch Circle) passed out a site plan that she had prepared that showed the parking on the interior of the buildings instead of the exterior. She is concerned because she feels that the developer has not been forthright enough about the process and she wishes that they would not have gone to some of the petitioners to try and change their minds. She stated that the original plan called for a City Center Square in Coralville type of set-up where the parking was on the interior but then when the plan came out, the parking was on the exterior. Dave Fleener (72 Goldfinch Circle) was excited about the concept plan when it was approved a few years ago as part of the conditional zoning agreement, but doesn't feel that the site plan corresponds with the original concept plan. Planning and Zoning Commission November 16, 2006 Page 4 Michelle Jones (88 Heron Circle) feels that Diedre Fleener's new plan would be much more practical and aesthetically appealing. She hopes that the developers can go back to the original concept plan. Brad McCuska (94 Heron Circle) reiterates Jones' comments and voices his concern about the noise level. He is also in favor of going back to the original plan. Swartzendruber restated that the concerns brought forward today are zoning concerns (sound, signs, lights, etc.) that have already been decided. She reminded the Commission that tonight's discussion is not about zoning but about site plan approval. Public Discussion was closed. Behr mentioned that the governing law for us is the CZA and general conformance with the concept plan. Brooks opened for discussion among the Commission as to whether to approve, approve with conditions, deny, or defer until another date. Brooks reiterated that a decision must be made by November 27 unless all parties agree to push the date back. Smith posed the questions 1) does this comply with the CZA? 2) does it comply with the technical considerations of the ordinance? Smith has heard that they want contained parking, minimal or no set-back, upper floor residential, and pedestrian friendly walkways. Smith sees variances between what is proposed and what is before us now (driven mostly by the new lot that has been inCluded in this new site plan). Smith believes that it does comply with the concept plan and complies with most of the technical deficiencies at first glance. Assuming that the technical concerns can be fixed, he approves. Freerks does not believe the site plan is in general conformance with the concept plan. She thinks there is too much of a difference in the way that pedestrians are taken into consideration and that it will set a bad precedent to approve this plan. She does not think it complies enough with the CZA to merit her approval but she thinks that it would be possible to get to the point where it does. She is supportive of the project with changes. Eastham agrees with Smith's comments that the wording of the CZA and the site plan seem to be compatible. However, he has a problem, looking at the concept plan and the visual site plan, with the linear parking along Scott Blvd. He thinks that the proportion of parking and landscaping on Scott to the other areas is very different between the concept and site plans. He thinks the northern half of the development is okay (more open space). Plahutnik said he is anti-development and doesn't like sprawl. This site was approved as having the main street/town center concept. He hears from the residents that if they turned the buildings around to have a blank face toward Scott Blvd that they would be happy. Half the group is saying that Scott is the main street and half are saying that Middlebury is the main street (which is supported by the driveways and curb brakes). The proposed roof lines are much like the ones downtown on Clinton, Dubuque, and Washington. They fit in with the classic building concept. The buildings fit the requirements even though they don't match the concept plan exactly. He suggested that the developers get rid of some parking spaces and replace them with trees. Koppes sees the concept plan extended by the CZAs to the Zaijicek prorty. She feels that the concept plan is in general conformance if there are more trees added. Planning and Zoning Commission November 16, 2006 Page 5 Brooks said he differs from the feeling that this complies with the concept plan. He doesn't see the open spaces, the pedestrian walkways, etc. that he saw in the concept plan. According to his calculations, the amount of green space has been significantly diminished (from 29% to 14%). He doesn't feel that it conforms for that reason. He feels that the Commission sets a tone with what they approve. Brooks feels that this sets a tone for the remainder of Olde Towne Village and other development on the east side of Iowa City and this needs to be at a higher level of conformance to the concept plan before he will approve. He is a little disappointed in the architecture and thinks the developer could have done more with the "Olde Towne" or historic theme, but that was insignificant in his decision. His main concern is the lack green space and landscaping. Miklo said that it appears that there would be one or two Commissioners who would vote to approve the site plan subject to conformance with technical requirements, one or two who would approve it with the addition of more trees in lieu of parking and 3 who find that the site plan does not comply with the CZA concept plan and that more work is needed. He said at best there may be a 3-3 vote, a tie vote will fail the site plan altogether so he recommends having another meeting before November 27. This would give the parties involved time to work toward meeting the concerns regarding additional landscaping. Brooks feels that the commission should not rush the process and should see if they can come to an agreement to move the decision to December but Smith feels that the commission is in a position to make difficult decisions and that they need to make those decisions according to their obligations. Motion: Smith moved to approve lots 40 and 41 on the condition that it corrects all technical deficiencies. Motion died without a second. Koppes moved to defer until a November 27 meeting. Plahutnick seconded. Motion carried unanimously. REl06-00021: Discussion of an application submitted by James Davis for a rezoning of 17.75 acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Miklo said the Comprehensive plan supports either CI-1 or CC-2 so staff feels it might be appropriate to rezone either some or all to commercial office or leave some CI-1, especially the area to the east away from Mormon Trek Boulevard. There is some question as to whether PIP Printing would be a conforming use with the CO-1 zone. There was a staff meeting earlier today to determine this and there was not consensus among staff. The question may be reviewed by the Zoning Code Interpretation Panel. The property owner would consent to CO-1 zoning if it is determined that PIP is a quick printer or copy service and thus allowed in the zone. If it is determined to be a printing plant and therefore a nonconforming use in the proposed CO- 1 zone, it was his understanding that the property owner would object to his property being rezoned. He reiterated staffs recommendation to not approve the original request to rezone this area to CC-2 or putting medical offices back in the CI-1 zones. Staff recommendation is to defer this to the December 7 meeting as the applicant chooses which lots he would like to request be zoned CO-1 and which lots if any he would like to remain CI-1. Brooks said the application before the commission is requesting a rezone to CC-2, but the Commission is hearing that this might be changed to a different type of zoning. Would the original application have to be denied? Miklo said the application could be amended. A whole new application would not be necessary. Planning and Zoning Commission November 16,2006 Page 6 Brooks asked if consent would be required of the other property owners in the area? Miklo said the applicant has indicated that he has their consent, we can get it in writing before the next meeting. Floor opened for applicant's comments. Dave Larsen said all the parties involved have been contacted and he requests the commission's input on what is likely to result from the zoning consideration. Along Highway 1 (lot 2, lot 1 - office) (lot 3, 4 - office) (lot 2, 4, 3 of plat 4 - remain CI-1 along with Sneblen Farm). Could we stairstep into the office rezoning and change more lots to office in 6-12 months? Koppes asked does Sneblen Farms want to go to CC-2 or stay at CI-1? Larsen said Sneblen has agreed to do what's best for the whole. They said to try to keep the CI-1 but if necessary to change to CC-2 they would be agreeable to that as well. Everything west of Mormon Trek is zoned CH. Smith's concern is with PIP printing. He wants to avoid spot zoning and wants to make the rezoning comprehensive - rezoning the 1, 2, 1, 3, 4 strip is substantial enough not to be considered spot zoning. Smith would support limit rezoning portion at this time. Brooks opens the floor for public discussion. Dan Tiedt with PIP Printing said he would like a change to CO-1 if his business is determined to be quick printing and therefore a permitted use in the CO-1 zone. Medical was allowed when they bought the property and he would prefer to allow medical back in. Tiedt gave Miklo a letter from the PIP franchise that says that they are a quick printer which is acceptable for CO-1. He would like the Zoning Code Interpretation Panel to determine if his business qualifies as a quick printer. Tiedt would not support pocket zoning leaving him as the only CI-1 property or rezoning his property so that his business has a non-conforming status. Brooks closed public discussion. Brooks wants to settle what the zoning is going to be for planning purposes. Planning projects the future and determines what best suits an area and not what best suits the short term market. Brooks supports CO-1 because it will enhance visitors' view of the city. Eastham supports more flexibility and thinks rezoning presents a challenge to the zoning code as it is written now. Eastham would like to reserve some options for the future, but doesn't know that he'll be on the Commission to exercise those options in the future. Brooks supports rezoning to CO-1. There was discussion among the Commission about the visual appeal of CO-1 as opposed to CI-1. Brooks confirmed Larsen's intentions that lots 1, 2, of part one and 1, 3, 4 of part two to CO-1; lots 2, 4, 3 and Sneblen stay CI-1, or move to CO-1. Miklo suggested that the same zoning be on opposite sides of the street. Brooks and Smith indicated that although they see that point, they felt that it is important that the lots that are visible from Highway 1 be zoned CO-1. Planning and Zoning Commission November 16, 2006 Page 7 Dave Larsen wants 1, 2, 1 to stay the same and 2, 4, 3 to be office. Will try to decide by the Dec 7 which lots they want to be zoned which way. Miklo: regarding the classification of Tiedt's business, the Zoning Code Interpretation Panel, consisting of Building Official (Director of Housing Inspection Services), Director of Planning, City Attorney's Office representative) will meet next week. The City Manager will decide if there is not a unanimous decision. Smith motioned to defer to December 7. Plahutnik second. Development Code Item Discussion of an amendment to the Zoning Code to allow a minor modification in cases where there are practical difficulties meeting the standards for structured parking facilities when retrofitting such facilities within existing buildings. Miklo said this amendment is being brought forward to accommodate an existing building that someone is trying to renovate to include parking stalls under the building. The current language would prevent this as it was written for new construction and did not contemplate a situation where an existing building would be modified. The staff recommends approval of this as a minor modification. Brooks asked for questions for the staff. There were none. Brooks opened and closed public discussion. Motion: Freerks made a motion to approve. Smith seconded. Carried unanimous. Consideration of 10/5 and 10/19 minutes Motion: Smith made a motion to approve. Eastham seconded. ADJOURNMENT: Motion: Smith made a motion to adjourn. Plahutnik seconded. Motion carried on a vote of 6-0 (Shannon absent). The meeting was adjourned at 9:28pm. Minutes submitted by Megan Weiler s/pcd/mins/2006/11-16-06.doc Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Term Name Expires 1/5 1/19 2/2 2/16 3/2 4/6 4/20 5/18 6/1 6/15 7/6 7/20 8/3 8/17 9/7 9/21 10/5 10/19 11/16 B. Brooks 05/10 X X X X X X X X X OlE X X X X X X X X X C. Eastham 05/11 -- -- -- -- --- ---- -- X X X X X X X X X X X X A. Freerks 05/08 X X X X X OlE X X X OlE X X X X X X X X X E. Koppes 05/07 OlE X X X X X X X X X OlE X X X X X X X X W Plahutnik 05/10 X OlE X X X X X X X X OlE OlE X X X X X X X D.Shannon 05/08 X X X OlE X X OlE X X X X X X OlE 0 X X X OlE T. Smith 05/06 X X OlE X X X X X X OlE OlE X X X X OlE X OlE X INFORMAL MEETING Term Name Expires 2113 2/27 4/17 5/15 7/17 7/31 8/14 9/18 10/2 11/13 B. Brooks 05/10 X X X X X X X X X X C. Eastham 05/11 -- -- X X X X X X X A. Freerks 05/08 X X X X X X X X X X E. Koooes 05/07 X X X X X X X X X X W Plahutnik 05/10 X X X X OlE OlE OlE X X X D.Shannon 05/08 OlE 0 OlE X X X OlE X X X T. Smith 05/06 X X X OlE X X X OlE X X Key: X = Present 0 = Absent OlE = Absent/Excused r=n MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 13,2006 LOBBY CONFERENCE ROOM APPROVED Members Present: Regenia Bailey, Connie Champion, Bob Elliot (arrived late) Members Absent: NONE Staff Present: Karin Franklin, Wendy Ford, Tracy Hightshoe Others Present: NONE RECOMMENDATIONS TO CITY COUNCIL: NONE CALL MEETING TO ORDER Chairperson Bailey called the meeting to order at 8:06 AM. APPROVAL OF MINUTES - OCT. 31.2006 ECONOMIC DEVELOPMENT COMMITTEE MEETING MOTION: Champion moved to approve the October 31, 2006 minutes as submitted. Bailey seconded the motion. The motion passed 2:0. CDBG APPLICATION MATERIALS AND POLICIES - TRACY HIGHTSHOE Hightshoe distributed a spreadsheet showing the online and downloadable CDBG economic development fund materials. Citing privacy concerns, she noted that social security numbers, tax payer identification, consumer credit score, and the employer's contribution and payroll report are considered proprietary. Hightshoe will be able to separate all protected information in applications before providing the Economic Development Committee access to documents it needs to make funding decisions. Champion and Bailey thought the application was much clearer. Bailey noted under the process portion, numbers 3 and 4, should be changed to say "3) City Council Economic Development Committee for review and recommendation" and then moves to the Council for action. Bailey thought there should be clarification that there is the opportunity for the application to stop at either of the levels. Bailey also wondered if the City asks for a startup profit and loss pro forma. She said that Oasis Falafel had submitted a pro forma that showed exactly how they planned to make their numbers and that they included details such as the exact number of items that they were planning to sell. Hightshoe clarified that the applicants are required to submit a pro forma balance sheet. The pro forma balance sheets do not give projected profits and loss. The group agreed to require a profit/loss statement 3 year historical if it is an existing business and 3 year projected if it is a new business. Franklin mentioned that this is more an exercise is viewing their thought process. Hightshoe said that the next step is to determine the best way to market the program to commercial lenders. She will be sending applications and the applicant guide to commercial lenders. She said that the complete application will be downloadable on the internet. Ford had an idea to create a pamphlet brochure to market the program and to show guidelines. Hightshoe was not sure about creating a brochure because there are so many federal regulations that go with the grant money and she was not sure what is allowed. Franklin said that the group needs to think about more ways to market the program. Bailey wondered if the program could be pitched in the Fast Track Class at the University's Entrepreneurial Center and Hightshoe said she would look into it and ask Paul Heath, Director. Bailey suggested marketing to nonprofit organizations that have contact with iow- to moderate-income people on a regular basis. Franklin suggested Hightshoe talk to ISED in Des Moines to get some ideas about how they market their training programs. Ford said that Joannie Thorton might be a good contact as she is working with entrepreneurial women in Cedar Rapids. Franklin mentioned the Bell Center and Bailey Economic Development Committee Minutes November 13, 2006 Page 2 mentioned SEED at the Chamber of Commerce and possibly creating an informational advertisement for public access television. DISCUSSION OF ECONOMIC DEVELOPMENT STRATEGIES, POLICIES Ford described the purpose for a simple memorandum cover for the final strategic planing document, SWOT analysis, and the strategies and policies that are designed to achieve measurable results in each area of focus. Objective 1 Bailey thought that having '0 business losses' in the goal section is too ambitious because sometimes business loss can be out of the Committee and City's control. Ford said that if the committee is going to have a goal to "foster the retention and expansion of existing businesses," they should have a measurable goal for it. Elliot mentioned the idea of exit interviews to determine the reason for loss of businesses. Elliot thinks that it is important to keep retention as a measurable. Bailey said that the group needs a better snapshot of the economy in Iowa City. In discussion about tracking the number of employees in small businesses, Ford said that ICAD may has the most up-to-date listing of the businesses and their number of employees. The listed results in the community profile are those that have over 125 employees. Franklin said that the group needed to pull the information from the Community Profile, ICAD, and the Chamber and see what they have to work with. Ford said that ICAD may well be tracking all of the businesses, not just those that are reported on in the Community Profile. Elliot reiterated that retention should not be taken out of the strategic plan. A discussion about how much the City can control retention and expansion ensued. Champion said that as far as the strategic plan goes, she likes the objectives as a whole. It is the measurables that need to be discussed. Ford said that other measurables such as numbers of business inquiries to the City. Bailey thought that the Economic Development Committee should also do something to welcome new businesses. Bailey mentioned that she is interested in discussing the possibility of helping the Airport Commission develop a business plan for the land. She wondered if the idea is feasible. Earth-tech is doing a study that will come back to the council. Franklin said that if the study calls for hangars and aviation uses, they will need the Airport Commission to give guidance. She clarified that the Earth-tech study will look at future aviation needs, such as runways. The study will look at how many based aircrafts there are currently and how many are projected to be needed. David Hughes will take the projections to FAA, and then determine whether the iand is needed for aviation needs. Franklin said it is likely that the land will not be needed. Objective 2 Wendy discussed objective 2. Champion wanted to remove the word 'recapture' because it was negative. Bailey wondered if they are waiting until the next budget year to facilitate a market niche analysis for downtown. Ford said that the Chamber would like to take the lead in the project. Franklin said that it will go into this year's budget. This will go on the December meeting agenda. Ford said that these studies average between $20,000 and $40,000. She mentioned that the University of Wisconsin Extension Service said that they would be very interested in working with the City of Iowa City, having spoken with them at a downtown conference in October. Ford also has three other consultants from whom to submit requests for proposal including PUMA and two that the Chamber recommended. Franklin mentioned that if the cost is less than $20,000 it does not need to be approved by the Council. Bailey said that strategy b. (the formation of a SSMID) will be a very political item and maybe should come from someone else outside of the Economic Development Committee. There was group agreement that b. should be removed from the strategies. Ford explained the idea of strategy d. to develop a business incubator. The group had talked about a business incubator at previous meetings. Bailey mentioned that an artist incubator could fall under the City's CDBG funds. "--_._._-_._-~--_._--_..._._--~--_._-----~----_. Economic Development Committee Minutes November 13, 2006 Page 3 Objective 3 Bailey said that she would be surprised if the City could get 10 qualifying businesses with CDBG funds. Franklin said that the City has $300,000 to devote to micro enterprise startups, so they better start working to get 10 qualifying businesses. Ford said that b. is a typo and should be removed. Objective 4 Ford said she struggled with this objective. Champion mentioned that the committee forgot to include Kirkwood College, which provides workforce development. Bailey said that the group needs to get an idea of what the environment for workforce development is currently like. Franklin mentioned that the Iowa Workforce Development would have a lot of data on this topic. She said that their role is finding holes in employment and encouraging the development of workers to fill the needed jobs. Elliot mentioned that he thinks it is unfortunate that the present discussion is taking place without Kirkwood and the Chamber of Commerce. Bailey said that Wendy will meet with them to discuss the plan. Bailey recommended that the SWOT analysis at the beginning should be a narrative instead of a chart. The Economic Development Committee will review the strategic plan again before sending it to the City Council. ADJOURNMENT The meeting adjourned at 9:00 A.M. NEXT MEETING DATE: December 12,2006 at 9:00 A.M. Minutes submitted by Abby Attoun. slpcdlminutesJecdev/2006/11-13-06.doc I I I I Council Economic Development Committee I I I Attendance Record I 2006 ! , , I Term I Name Expires 1/18 2/16 3/10 3/15 3/30 4/4 6/27 7/18 8/22 9/5 9/11 9/19 10/31 11113 , I I Regenia Bailey 01/02/08 X X X X X X X X X X X X X X I I Bob Elliott 01/02/08 X X X X X X X X X X X X X X Connie Champion 01/02/08 OlE X X X X X X X X X X X X X I ! I I Key: X = Present i 0 = Absent OlE = Absent/Excused I I I MINUTES PARKS AND RECREATION COMMISSION NOVEMBER 8, 2006 1];] FINAL I MEMBERS PRESENT: Craig Gustaveson, Judith Klink, Margaret Loomer, Ryan O'Leary, Matt Pacha, Jerry Raaz, Phil Reisetter, John Watson MEMBERS ABSENT: John Westefeld STAFF PRESENT: Terry Trueblood, Terry Robinson GUESTS PRESENT: Hugh Barry, Ray Beemer, Del Holland, Jane Meyer, Kevin Monson, Tim Schroeder RECOMMENDATIONS TO COUNCIL: Moved by Pacha to endorse the plan and the process whereby the University and Neumann Monson Architects will present their preliminary plans to construct a boathouse in Terrell Mill Park to the City Council. Reisetter amended the motion to endorse the boathouse proiect subiect to the consideration of community use: accepted by Pacha. Unanimous. Moved by Reisetter, seconded by Raaz to pursue the expansion of the Iowa City Farmers Market on Saturdays into the available parkin!! spaces on the !!round level of the Chauncey Swan Ramp: also recommend no expansion to the Wednesday market. Unanimous. Move by Reisetter, seconded by Raaz, to approve the capital improvement priorities submitted by staff, and forward to the CIP Committee and City Council. Unanimous. OTHER FORMAL ACTION TAKEN Moved by Klink, seconded by Pacha, to approve the September 13, 2006 minutes as written. Unanimous. Moved by Pacha, seconded by Reisetter for staff to move forward with ne!!otiations/research re!!ardin!! desi!!n details and compensation with Verizon without committin!! to the proiect at this time. Passed 7-1 (Watson votin!! no). PUBLIC DISCUSSION: No public discussion. Parks and Recreation Commission November 9, 2005 Page 2 of 7 PRESENTATION OF PRELIMINARY DESIGN ELEMENTS FOR PROPOSED BOATHOUSE IN TERRELL MILL PARK: Hugh Barry, Ray Beemer and Jane Meyer, representatives from the University of Iowa were present, as well as Tim Schroeder and Kevin Monson from Neumann Monson Architects, to discuss preliminary design plans for this project. Tim Schroeder showed a power point presentation to the Commission. Monson noted that their hope for this meeting is to get input from the Commission as well as an endorsement to move ahead with planning. There was discussion regarding the possibility of building this as a multi-use facility with a special room that could be reserved by the general public for receptions/parties etc. Meyer noted that some of the sites they visited did, in fact, have space for special events. However, at this time, not knowing the square footage etc. of the building, she could not ensure that such use would be a possibility for this facility. Monson stated that he does not know if the budget is sufficient for such an addition. O'Leary believes that with this location and its high visibility, the public would naturally desire use of the facility for special events. Other community use possibilities include the construction of resirooms to accommodate park patrons, including the skate park, and providing storage for the Fire Department rescue boats and equipment Raaz asked what would be included in the building. Meyer stated that the facility will include locker rooms, restrooms, boat storage and exercise/training areas. Gustaveson asked how much input the City will have on this project before the final design is approved. Meyer said there will certainly be more opportunity for input, but she can't quantify it at this time. These are questions that can be answered once the decision is made whether to pursue or not. Pacha asked what the plan is for the current boat storage facility (the Laser Center). Monson stated that this is currently used for lab space and is full. Moyed by Pacha to endorse the plan and the process whereby the University and Neumann Monson Architects will present their preliminary plans to construct a boathouse in Terrell Mill Park to the City Council. Reisetter amended the motion to endorse the boathouse proiect subiect to the consideration of community use; accepted by Pacha. Unanimous Parks and Recreation Commission November 9, 2005 Page 3 of 7 CONSIDER PROPOSAL TO LOCATE CELL PHONE TOWER IN UPPER CITY PARK: This is the third time a request has been presented to the Commission to place a cell tower in City Park. Each previous time the Commission has voted them down. Trueblood noted that the cell phone companies have come a long way in making these towers. Verizon Wireless is proposing an antenna site in the area of upper City Park across from Hancher Auditorium (just south of the swimming pool). They are interested in constructing a new 70' flag pole with the antennas hidden inside the pole. They would also need to construct a small equipment building which could be designed to have a similar appearance to existing buildings. Pacha asked Jane Meyer with the University ofIowa (present at this meeting for another item on the agenda) if she knew of any cell towers currently on university property. She stated that there is one at Kinnick Stadium. Trueblood noted that the City does not currently have a cell phone tower policy. These requests have been handled on a case-by-case basis. He also mentioned that he has met with Steve Atkins, City Manager, and discussed if the compensation would have to go into the general fund, or if it could be placed in a special fund for park purposes. Atkins stated that it may be possible to set aside a special park fund for this revenue. Trueblood also indicated that final approval for placement of the tower and designation of the funds would be a decision for the City Council. There was much discussion among Commission members as to the aesthetics of such a tower. Klink strongly feels that City Park is not a good location Watson asked if there is a concern about the use of city property for profit, suggesting perhaps that they look at private property. Trueblood stated that he does not believe there is any such policy or ordinance which would prohibit such use. Loomer voiced her concern about "nibbling" away at City Park, detracting from public use. Robinson noted that it may be more aesthetically pleasing if the cell tower/flag pole was placed at the entrance to the pool bathhouse, rather than south of the pool, feeling this would be a more "natural" placement for a flag. Moved bv Pacha. seconded bv Reisetter for staff to move ne!!otiations/research re!!ardin!! desi!!n details and compensation with committin!! to the proiect at this time. Passed 7-1 (Watson votin!! no). forward with Verizon without Parks and Recreation Commission November 9, 2005 Page 4 of 7 FARMERS MARKET: REPORT ON NOVEMBER 6TH MEETING WITH CITY COUNCIL AND DISCUSS POSSIBLE CHANGES TO PROGRAM: Trueblood reported that he and Tammy Neumann met with City Council on Monday, November 6 to discuss this program. A number of items were brought up and questions addressed. The one thing that was a clear consensus was that the Council would like to see the Saturday market increased in size again. It was deemed not feasible to increase the size of the Wednesday market due to significant parking issues. Some of the thoughts expressed by individual Council members included expanding the Saturday market onto Washington Street, moving it downtown on occasion (in cooperation with the Downtown Association), expanding to the second floor of the Chauncey Swan Ramp and/or onto College Street, try a different configuration of vendors to reduce customer congestion, and investigate how we might attract more produce vendors if the market is expanded. Trueblood and Neumann feel that the best option is to increase the number of vendors on Saturdays by using more of the parking spaces available on the ground level of the Chauncey Ramp, rather than moving onto an adjacent street or a different level of the ramp. If the market continues to grow, these other options may be considered at a future time. Also, they plan to contact the Downtown Association to see if they have any interest in sponsoring an occasional downtown market. Trueblood reported that the Council seemed pleased with staff's efforts in revising the registration/compliance/indemnification form and registration procedures, and with the efforts to expand the Saturday market for the 2006 season. Moved bv Reisetter. seconded by Raaz to pursue the expansion of the Iowa City Farmers Market on Saturdavs into the available parkin!! spaces on the !!round level of the Chauncev Swan Ramp; also recommend no expansion to the Wednesday market. Unanimous. DISCUSSION OF PROPOSED CAPITAL IMPROVEMENT PROJECTS; CONSIDER PRIORITIES: Trueblood presented Commission with updates on the capital improvement projects that were approved last year by the Commission. Before presenting the staff recommendation for CIP priorities, Trueblood reported on the following projects: Recreation Center Exterior Renovation: behind schedule, but coming along. Sand Lake Recreation Area: purchase completed. Sand Prairie Enhancement and Preservation: phase I being done in-house. Brookland Park Re-Development: near completion. Skate Park Restrooms: to be done in conjunction with boathouse, if approved. Citv Park Waterline: complete Festival Stage Improvements: designed - will go out to bit soon. Butler Bridge Pedestrian Trail: grants did not come through - project on hold. Court Hill Trail: being designed, out to bid this winter. Mercer Park Ball Diamond Upgrades: most to be designed and bid this winter. Park Shelter Replacements: plans & priorities to be done this winter. Riverbank Stabilization: City Park: still seeking federal funds. Waterworks Prairie Park Development: fishing pier design nearly complete. Parks and Recreation Commission November 9, 2005 Page 5 of 7 Del Holland who was present at this meeting noted that most of the people who attended the Creekside and Friendship Neighborhood meeting were in support of the Court Hill Trail project. The consensus was that they want to keep the trail as close to the creek as possible. Staff priorities proposed for the FY08 - FYII capital improvement program were presented as follows: 1. Iowa River Trail Bridge - Peninsula to Rocky Shore ($1,100,000) 2. Mercer Pool Roof Repairs ($425,000) 3. Mercer Park Ball Diamond Upgrades - Phase 3 ($100,000) 4. Sand Lake Recreation Area Development ($5,000,000 +) 5. Willow Creek Trail West ($1,400,000) 6. Napoleon Park Restroom / Concession Building ($225,000) 7. Soccer Park Improvements ($250,000) 8. Peninsula Park Development ($250,000) 9. Sand Prairie Enhancement and Preservation ($225,000) 10. City Park Sidewalk Replacement and Trail Lighting ($260,000) Moved bv Reisetter. seconded bv Raaz. to approve the capital improvement priorities submitted bv staff. and forward to the CIP Committee and City Council. Unanimous. COMMISSION TIME Watson asked if Iowa City has any indoor soccer facilities. Trueblood stated that we do not, however, many indoor soccer activities are held in the Recreation Center, Scanlon and Grant Wood Gymnasiums. Watson also noted that he feels the new university tennis courts turf floors were a great idea. Pacha congratulated Michael Moran on his being elected as the APRS President. Raaz asked about the Master Plan. Trueblood stated that he is moving on this, and has recently received some new information that should prove to be helpful. Raaz indicated that Columbia Missouri was able to secure a $16 million dollar grant to be applied towards projects identified their master plan. Klink reported that her next meeting will be her last. She has served eight years on the Commission, and indicated she will have some prepared comments at the next Parks & Recreation Commission meeting. O'Leary stated that Mike Moran was also recognized at their Johnson County Convention and Visitors Bureau Meeting this week. He also complimented the new windows in place in the Recreation Center. Loomer thanked Tammy Neumann for all her work on the Farmers Market. Parks and Recreation Commission November 9, 2005 Page 6 of 7 CHAIR'S REPORT Gustaveson announced that there are three open posItIOns on the Parks and Recreation Commission. John Watson has reapplied, so there are two openings available. He asked. members to keep recruiting. DIRECTOR'S REPORT Trueblood noted that Iowa City has completed their initial phase in the comprehensive classification study of City positions. Directors are in the process of reviewing and revising new position descriptions. He announced that a donor has indicated a willingness to contribute $20,000 towards the dog park if the pond and entryway are completed by December 1. Pond is already completed, and DogP AC has found a contractor to donate service for constructing the entryway. The disc golf course is "unofficially" open. Jeff Harper reports many good comments. An official opening will be scheduled sometime next spring. Brookland Park is near completion. Bidding process for the Riverside Festival Stage improvements will begin soon. ADJOURNMENT Moved bv Reisetter. seconded bv Raaz to adiourn the meetinl! at 7:30 n.m. Unanimous. Parks and Recreation Commission November 9, 2005 Page 7 of 7 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2005 TERM NAME EXPIRES 1/11 2/8 3/8 4/12 5/10 6/7 7/19 8/9 9/13 10/11 11/8 12/13 Craig Gustaveson 1/1/07 X X X X X OlE OlE X X NM X Judith Klink 1/1/07 OlE X X OlE X X X X X NM X Margaret Loomer 1/1/08 X X X X X X X OlE X NM X Ryan O'Learv 1/1/10 X X X X X X X X X NM X Matt Pacha 1/1/09 X X X OlE OlE X X OlE X NM X Jerry Raaz 1/1/08 X X X X X X X X X NM X Phil Reisetter 1/ 1/09 OlE X OlE X X X OlE X X NM X John 1/1/07 Watson X OlE X X X X X X X NM X ,John .w estefeld 1/1/10 X X X X X X OlE OlE OlE NM OlE KEY: X= 0= OlE = NM= LQ= Present Absent AbsentlExcused No meeting No meeting due to lack of quorum Not a Member 0:0 MINUTES IOWA CITY BOARD OF ADJUSTMENT NOVEMBER 16, 2006 - 5:00 P.M. EMMA J HARVAT HALL -IOWA CITY/CITY HALL APPROVED CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:00 pm MEMBERS PRESENT: Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright, Carol Alexander MEMBERS ABSENT: none STAFF PRESENT: Sarah Walz, Sarah Holecek, Karen Howard OTHERS PRESENT: Jeff Raines, Tim Lynch, Glen Siders, Bill Franz, John Beasley, Jim Menloe, John Esten, Ann Esten, Tobu Wilson, Mike Cervantes, Susan Lutgendorf, Phillip Lutgendorf, Nancy Carlson, Tim Weitzel, John Hudson, Sandra Hudson, Mike Pughe, Michaei Zimmer, Lisa Ann Johnson, Meg Barron, Tom Bender, Susan Bender, Esther Baker, David Lyndon, Todd Lyndon, Greg Downs, Daniel Peoples, Rob Phipps RECOMMENDATION TO COUNCIL (become effective onlv after seDarate Council action): None CONSIDERATION OF THE OCTOBER 4. 2006 MINUTES Wright said that on page 4, 3" paragraph, there was a missing word between "association" and the phrase "to change". He said that the omission was insignificant but he just wanted to point that out. Wright said that on page 5, last paragraph, the word "Mollen" should be "Mullin". Wright said that on page 6, 1" paragraph, there is a misspelling of "Manville Association". Wright said that on page 7, 1" paragraph, the surname of a speaker was incorrectly written as "Summerville" instead of "Summerwill". Wright said that on page 8, 3"' paragraph, there were "random letters" after the word "accessory". Wright said these are all small things that do not change the context of the October 4th, 2006 minutes, but he just wanted to point them out. MOTION: Leigh moved to approve the October 4th, 2006 minutes as submitted. Wright seconded the motion. The motion passed 5:0. SPECIAL EXCEPTIONS EXC06-00022 Discussion of an application submitted by First American Bank requesting a special exception for a proposed bank drive-through for property located in the Community Commercial (CC-2) zone at Hawk Ridge and Highway 1. Walz said that the board discussed this at its October meeting and requested additional information with regard to queuing in the access drive where Hawkridge goes into Highway 1. Walz referred to a memo to the board frorll Anissa Williams, a City traffic engineer, saying that there has been a traffic study conducted and traffic engineers say they do not anticipate a problem, and if there is a problem they have the ability to change a traffic signal. Walz said that while some queuing could take place on the drive, this would only slow traffic on the private drive and not Highway 1 or Hawk Ridge. Angie Solberg, representing the applicant, wrote that they anticipated 25-50 transactions a day. She doesn't anticipate it will significantly increase above that. Jeff Raines of Simonson and Associates said that he could answer any questions. There were no questions from the board. Public Hearinq Closed MOTION: Wright moved that EXC06-00022, an application submitted by First American Bank requesting a special exception for a proposed bank drive-through for property located in the Iowa City Board of Adjustment November 16, 2006 Page 2 of 23 Community Commercial (CC-2) zone at Hawk Ridge and Highway 1, be approved subject to substantial compliance with site plan. Alexander seconded the motion. Wright said board largely discussed this last month. This has to meet specific criteria for special exception and it does. Wright said it appears there will be enough stacking space. There's undeveloped property to west and north and that S3 landscaping should mitigate effects on residential area. Pedestrian area has been accounted for in the site plan. Wright said that transportation facilities can support proposed use. Drive-through lanes will be set back more than 10 feet and landscaped to the S3 standard. Rest of facility screened to S2 level is sufficient. Lighting must comply with standards in the code, which will minimize glare. The exception will not be detrimental to public welfare. It should not be injurious to other property and property values. The underground storm water system should protect properties to east. Surrounding uses are compatible with this proposal. This will not impede normal development. Adequate utilities and drainage will be in place. Wright said that this proposal meets the regulations and standards applicable to the special exception. Wood said the letter from the City regarding traffic satisfies his concerns. He is voting in favor as well. Shelangouski says she is still concerned about traffic but she said that a drive-thru isn't really the problem with what she would perceive as a traffic issue. Alexander has read the minutes and despite her absence last month, she feels comfortable in also voting in favor of the application. Leigh has nothing to add to the discussion. Motion was approved: 5:0 EXC06-00023 Discussion of an application submitted by USCOC of Greater Iowa for a special exception to allow the construction and operation of a communications transmission facility in the Neighborhood Commercial (CN-1) zone at 755 Mormon Trek Boulevard. Walz said she received an email from Lawrence and Julie Lynch of 711 Elliot Court and submitted the letter to the board. Walz said the applicant, USCOC of Greater Iowa, is requesting a special exception to locate a cell phone tower in the CN-1 zone at 755 Mormon Trek Boulevard. The applicant, Walz said, proposed to house the cell phone tower within a structural addition to one of the commercial buildings. The proposed addition would be a clock tower, which would surround an existing lift for disabled persons. The property surrounding Walden square is zoned residential-both single and multi-family. Walz said that the tower meets the criteria that do apply. Walz then read the criteria: The proposed tower must selVe an area that cannot be selVed by an existing tower. Walz referred to the color-coded coverage map provided by the applicant. The yellow, Walz said, showed the area of adequate reception if in a car. The green showed the improvement of reception with the new tower. Walz noted that the area is in a valley. Walz said the tower would need to be 56 feet high and none of the commercial structures are tall enough to house the structure. A Lutheran Church, which is nearby, is not located in the valley, so the applicant did not propose to house the structure on that church. Walz read that the proposed tower must be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Walz referred to the map showing the Fareway store (on-screen) as well as the Mr. Movies building. The artist's rendering illustrated what the clock tower would look like. It will be on the side of Mr. Movies. A functional clock face will be on the side facing the shopping center. Walz pointed to an archway that ran through the bottom of the structure for passage. Walz mentioned that staff had some concerns. Walz said that there are safety issues with the one-entry way archway and that it should be an open walkway so to provide safety at night. Walz said the other issue is that the 56 foot tower is higher than the 35 foot building to which it will be attached. Staff suggested that the tower's design should attempt to minimize the height difference and a provided a sketch showing the elements that would help minimize the height and complement the surrounding commercial architecture. She noted the roof line, variation in building materials and details that match the existing building, and breaking the clock tower into distinct sections to reduce the height. Walz said that the design should also address biank sides of the tower where there isn't a clock. Walz suggested that applicant break up the blank sides with windows or louvers. Iowa City Board of Adjustment November 16, 2006 Page 3 of 23 Walz read that the proposed tower must be no taller than is necessary to provide the service intended. Walz said that the applicant considered other designs but they weren't satisfactory, and the clock tower was the solution preferred by the property owner. The cell phone engineer, Walz said, lists 60 feet as the desired height but the applicant scaled it back to 56 feet to better match the surrounding building heights. Antennae will be mounted at 50 feet within the tower. Walz read that the proposed tower will be setback at least a distance equal to the height of the tower from a Residential Zone, ID-RS Zone and ID-RM Zone. Walz read that any equipment associated with the tower facility must be enclosed in equipment shed or building, which must adequately be screened from view and any adjacent residential or commercial property. Walz pointed to row of existing garages behind commerciai building. Walz said that applicant proposed to add an identical garage, which would house the equipment. Walz read that the proposed tower would not need a back-up generator as a principal power source. Walz said the back-up generator is only for emergencies and there would be no strobe lighting. Walz read that the proposed tower should be designed and constructed to accommodate up to two additional users, provided this additional capacity does not prevent the applicant from adequately camouflaging the use. The proposed tower has adequate space to house another use, but due to frequency conflicts and the limited height of the tower, the capacity for another user is limited. Walz read that if the tower is discontinued, all communications equipment must be removed by the owner of the tower or the owner of the property within one year of discontinuance of use. She said that the applicant would remove all equipment from the inside. Staff requests that the applicant must make arrangements for the maintenance of the tower if the should discontinue use. Walz said that the staff recommended approval of the application subject to the following conditions: 1.) Maintaining continuous pedestrian sidewalk access to Walden Square from the west and ramp access to the handicap lift. 2.) The applicant must provide a contractual agreement to insure maintenance of the clock and tower including a provision for such maintenance if the applicant discontinues the use. 3.) Staff approval of the tower design in general compliance with the design submitted by staff. 4.) The applicant must agree to remove all equipment form the tower and garage if the applicant's use of the site is discontinued. Walz asked for any questions. Alexander asked if the tower design would include the open passage way that Walz had mentioned. Walz said yes. Wright asked about the distance between Fareway and the other building. Walz doesn't have exact measurement but estimates 20 feet. Walz said that the tower would be within the required setback. Shelangouski asked if the storm or drainage sewer is on Fareway's property. Walz said applicant would address such setback issues in the building permit process but for now, Walz said they can build right up to the property line because the setback is O. Leigh asked for those speaking in favor of application. Public Hearinq Opened. Tim Lvnch. U.S. Cellular said that he is present with his engineers. Lynch expounded upon a few items. Co-location, Lynch said yes, there's room for other users to use the tower. However, he said, there is a necessary separation between antennae that may impede co-locators because of the small area that they have to work with. Said the towers are capable of co-location but the small area may cause issues. Lutheran Church, Lynch said it is outside the valley so it doesn't work very well from a coverage standpoint. Said that because cellular is line of sight technology, the structure is not tall enough to see over the houses by the Lutheran Church. Plus, it's against residential district code, which limits to two antennae. U.S. Cellular uses 3 antennas. Traffic issue, Lynch said a technician will visit the structure a couple times a month, but no regular traffic. He is willing to comply with all recommendation of staff, including a design that will satisfy concerns. Leigh asked how close to the property line the tower will be built. Lynch said that the sidewalk will remain the same, 20 feet between buildings, 15 feet from edge of sidewalk to Fareway. Lynch referred to correspondence from another Lynch, joked that there's no relation. Wright wanted a sense of how wide Iowa City Board of Adjustment November 16, 2006 Page 4 of 23 the structure will be. Lynch asks Kevin, his engineer. Lynch said that because of the city's request, they are going to have to put on some sort of uskin" to achieve different colors, but he can't tell you the exact size of it. It is going to come out over the sidewalk. Leigh asked about the reason why the antenna is not being built to the desired height of 60 feet. Lynch said that if it was brought down to a lower height, it would look better aesthetically. Lynch said he's going to lose some coverage area, but it still allows coverage. It's not optimum, but it's better than what they have today. Walz said that if the tower gets too high, the camouflage is lost. Glen Siders. Southaate Development Services. owner of the property in auestion. He wanted to clear up any questions. Siders said Fareway Foods is right on the property line but the drainage will be altered very little. Said he worked with the "tower people" for months and went through several scenarios of design, including a "sign structure". When they decided on the clock tower, they went through many potential issues and the cellular company was very considerate with each one. Siders said that he would appreciate approval so he could have better cell phone reception. Leigh asked if anyone wished to speak against the application. Public Hearina Closed. MOTION: Alexander moved that EXC06-00023, discussion of an application submitted by USCOC of Greater Iowa, requesting a special exception to locate a cell phone tower in the CN-1 zone at 755 Mormon Trek Boulevard, be approved subject to the following conditions: . Maintaining continuous pedestrian sidewalk access to Walden Square from the west and ramp access to the handicap lift. . The applicant must provide a contractual agreement to insure maintenance of the clock and tower including a provision for such maintenance if the applicant discontinues the use. . Staff approval of the tower design in general compliance with the design submitted by staff. . The applicant must agree to remove all equipment form the tower and garage if the applicant's use of the site is discontinued. Wright seconded the motion. Alexander said she accepts cell phone needs and has one herself. She's impressed with the design, considerations, architectural changes, and walk through changes of the application. She would vote in favor because there was been good evidence of the peculiar situation of the valley. She commended the camouflage and the staff recommendations. Alexander said that the height restrictions are being met. Sure, she said, it's a bit shorter than their optimal hope but its better than what exists now. Alexander said that the setbacks are sufficient and appreciated that the equipment would be housed in a garage. Alexander was happy that there would be no strobe lighting. She was impressed with passageway and said the tower would not be detrimental to public health, nor would it be injurious to other properties. Alexander said the design should make it a perfectly fine addition. She reiterated that the phone and electrical additions will be provided by applicant and that because there would be no traffic congestion worries, they wouldn't have to deal with ingress and egress issues. Wright agreed with Alexander and would vote in favor. Shelangouski agreed and called the tower a "great way to hide a necessity." Wood agreed with Alexander and indicated he would vote in favor. Leigh expressed her appreciation for the amount of effort that went in to this by both the cellular company and Southgate. Leigh would also vote in favor. Motion was approved: 5:0 EXC06.{)0025 Discussion of an application submitted by Frantz Construction Co. for a special exception to allow a reduction in the required front yard setback from 13.5 feet to 0 feet in the high density, multi-family (RM-44) zone at 724 N. Dubuque Street. Iowa City Board of Adjustment November 16, 2006 Page 5 of 23 Karen Howard said the applicant had purchased the former Alpha Tau Omega fraternity house and intends to convert it into three condominium units. Howard said that the applicant would like to construct balconies that extend approximately 5 feet from the north side of the existing building along the Brown Street frontage. Howard said that the applicant would like to take off the existing fire egress structure, which is outdated, and replace it with balconies. Howard referred to an illustration of the proposed structure. Howard said it has to do with the setback requirement, which, according to the RM-44 Zone, is 20 feet. Howard said the zoning code allows for setback averaging since all of the buildings along this block of Brown Street are located closer to the street than the required front setback. Howard said the existing structure has been surveyed and the building already sits closer than 20 feet to the property line, similar to the other buildings. It is 5.77 feet from the property line. Because this is a corner lot, the setback is determined by averaging the existing setback of the dwelling on the abutting property to the east and required setback in the RM-44 Zone, which is 20 feet. Howard said the applicant is requesting not only a setback reduction for the balconies but an acknowledgement of the existing setback of this building so they can do some construction. Howard said that there are certain criteria that an applicant must meet: 1.) The situation is peculiar to the property in question. 2.) There is practical difficulty in complying with the setback requirements. 3.) Granting the exception will not be contrary to the purpose of the setback regulations. 4.) Any potential negative effects resulting from the setback exception are mitigated to the extent practical. 5.) The subject building will be located no closer than 3 feet to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space. In regards to number 2 of the criteria, Howard said that the existing property lines contain very little parking. Thus, the applicant is proposing to excavate the hillside along Brown Street and construct parking spaces within the basement of the existing building. Howard said that a balcony is also proposed for the third floor, replacing the existing fire egress structure. Howard said the setback requirements are intended to: 1.) Maintain light and air for the dwelling and provide separation and access for fire protection 2.) Provide opportunities for privacy between dwellings 3.) Reflect the general building scale and placement of the houses in the city's neighborhoods 4.) Promote a reasonable physical relationship between residences 5.) Provide flexibility to site a building so that it is compatible with buildings in the vicinity Howard said reducing setbacks is typically not recommended. But in this case, it will not detract from any of the stated purposes of setback requirements. Howard said that staff would have a concern if the balconies were being constructed for a fraternity or sorority house. Balconies, Howard said, invite outdoor activity. If the building is converted into 3 multi-family units, staff feels they won't be sharing living quarters with as many people as a fraternity. Howard said the staff also feels that adding balconies will not detract from privacy of the abutting property. Howard said staff also feels balconies will not detract privacy from buildings across the street because of the wide right-of-way. Howard said staff also wants board to consider that added baiconies often become closed in over time. That could mean building becomes larger. Staff requests that balconies do not become closed in over time. Howard said that the driveway will be expanded and the existing access will stay as is. There will be some new paving for cars to turn around. Howard said that applicant wanted an underground garage but it was impossible because electrical problems and underground drainage. Howard said the screening standard was similar to a three-car garage. Howard said garage level is not extending to the street. Howard said the garage is flush with the other two. Howard stated staff recommendation and said their have been revisions to the conditions listed in the original staff report: 1.) The setback reduction will only appiy if the property is converted from a Group Living Use to a Multi- Family Use. To that end, this special exception will become effective upon issuance of a building permit to convert the building from a Group living Use to a Multi-Family Use. 2.) The front setback along Brown Street is reduced from 13.5 feet to 0 feet for the first and second levels of the building expressly for the purpose of constructing balconies in general conformance with the design proposed by the applicant 3.) The front setback along Brown Street is reduced form 13.5 feet to 5 feet for the third level of the building and for the lower garage level of the building Iowa City Board of Adjustment November 16, 2006 Page 6 of 23 4.) The front setback reductions are approved only for the length of the building along the Brown street frontage as proposed by the applicant 5.) A convent is recorded with the property that the subject balconies may not be enclosed. Evidence of such recording must be submitted prior to issuance of a certificate of occupancy. Leigh asked if there is any additional parking. Howard said no, but converting form a fraternity, it'sa more limited par1<ing demand. Howard said that within the RM44 zone, there can be up to five unrelated persons in each condominium dwelling. Howard said the applicant can address who their intending to rent the condominiums to. Public Hearino Open Bill Franz of Franz Construction, the applicant, said he can answer any questions. He said he will have 3 condominium units for sale. He will be providing 3 single car garage units and 3 outdoor spaces. Franz said that the first and second floors are each 2,300 square feet. The third is 1,446 sq. feet. He said that they will be, in Alexander's words, upscale condominiums. Sarah Holecek said that the City doesn't have the ability to regulate whether the condos would be owner- occupied or not. The purchaser could use it as a rental properly as long as they obtained a renters penmit fonm the City. Public Hearino Closed MOTION: Shelangouski moved that EXC06-00025, submitted by Frantz Constrllction Co. for special exception to allow a reduction in the required front yard setback from 13.5 feet to 0 feet in the high density, multi-family RM-44 Zone at 724 N. Dubuque Street, be approved according to the staff conditions listed above. Wood seconded the motion. Wood said the standard is peculiar to the property in question and the right-of-way is unusually wide. He doesn't have concerns. Wood said there is practical difficulty in compliance with setback requirements and it will provide some relief for parking. He said it will remove fire escapes that are "somewhat of an eyesore". Wood said that it won't impact privacy of dwellings in that area. Wood is happy with the requirement to keep the balconies open. Wood said that the special exception will not be detrimental to public health, nor are other properties affected. Wood said that it will not impede normal and orderly development in surrounding properly. Wood said it will not affect ingress or egress. He will vote in support. Alexander agreed with Wood and would vote in favor. Shelangouski agreed w~h both Wood and Alexander for reasons stated. She would vote in favor. Wright agreed with the Wood, Shelangouski and Alexander. He called it an "attractive re-use of a building with potential". Leigh agreed with board. Motion was approved: 5:0 Wood excused himself because he had somewhere to be at 7 pm. He said he didn't want to have to leave in the middle of discussion of the next case. APL06-0004 Discussion of an application from John Roffman for an appeal of the decision made by the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS-20) zone and Conservation District Overlay (OCD) zone at 923 Iowa Avenue. Walz said this is somewhat of an unusual case for the board and appreciated everyone's preparation as the reading materials were lengthy. Walz said that at its September 28, 2006 meeting, the Historic Preservation Commission (HPC) denied a Certificate of Appropriateness for a proposed building at 923 Iowa Avenue. She said the original building was destroyed in the April 2006 tornado. Walz said the appellant, John Roffman, was proposing a new building to replace the original building on the site. Iowa City Board of Adjustment November 16, 2006 Page 7 of 23 Walz said the HPC denied the Certificate of Appropriateness citing the mass and scale of the proposed structure. Walz said the applicant believed the denial was actually based on the density of the proposed building. Walz said that the new apartment building would include 6 three-bedroom unite apartments, different from the original, which had 9 one-bedroom units. Walz said that the HPC guidelines that apply to the proposal for 923 Iowa Avenue may be found in section 10.0 of the Iowa City Historic Preservation Handbook. Walz said that at an earlier meeting, the HPC had requested a clarification from the Zoning Interpretation Panel (ZIP). Waiz said that the ZIP decision indicated that the specific limitations imposed under section 8.2 appiy oniy to single family buildings and duplexes and not to the multi-family building under consideration. Walz said that the applicant revised his plans and provided final sketches of a slightly smaller building. Waiz said the revisions meet all of the requirements of the Zoning Code. Walz said that the HPC has no authority to regulate density of the underlying zone. Density, Walz said, is regulated exclusively through the Zoning Code. Walz said that whatever people may wish for that sight in terms of density is done through the Zoning Code. The only criteria in question were scale and mass. All other aspects met with approval. Walz said the issue was, when the Historic Preservation Commission denied the Certificate, was their decision based on scale and mass or was it based on what we consider density. Walz referred to the original building (on screen) and said that the applicant's final proposal at the September 28th meeting showed a building that was 52 feet wide by 69 feet deep. Walz said she made a mistake on the memo. Instead of the roofline being just less than 28 feet, the new proposal's roofline was in fact less than 34.9 feet. Walz said that the original 3-story building being replaced had a footprint of 42 by 50 feet and a roofline of 38 feet and ten inches. The roofline, Walz said, of the new proposed building is about 4 feet shorter than the older building. Walz said that the authority of the HPC extends only to the overall compatibility of that design with the surrounding neighborhood and district as described in section 10.0 of the handbook. Walz said the issues of scale and mass require interpretation based on the facts specific to the application under consideration. Walz said that she wanted to mention a couple of things she failed to note earlier. There is a page in the appeal application showing other projects that have been approved by the HPC. The table focuses on the change in depth that came with addition to various applications to the HPC. Walz said that a change in depth is not necessarily a change in scale and mass. Walz said, for example a deep one story addition may not be perceived in the same way in terms of scale and mass as if you are extending the entire building. Mass and scale need to be applied in context. Walz pointed out an error in the percentage increases indicated in the applicants table-those percentages are inflated. Walz said she is confident that this was just a mistake. For example, one lists an increase of 239 percent. Walz said it's an increase of a factor of 2.3 but that's a 139 percent increase. Walz said that the board must decide based on the following: 1.) Were the criteria regarding scale and mass applied appropriately in this case? 2.) If you should decide that the Historic Preservation Commission acted in error, you may overturn the decision or, by acting in the role of the Historic Preservation Commission, you may render a new decision based on the facts presented in the attached documents or any additional testimony given at this meeting Walz said that the drawing before the board showed the front of the old building in bold line. The "ghosted out" gray lines are setback 20 feet out but the building does come out a bit wider. But the front fayade doesn't represent the width of the whole building. Walz proceeded to show the rest of the slides. Walz said that the illustrations showed the newly proposed building and the outlines of the buildings surrounding the property. Holecek said that in deciding this appeal, the board "steps into the shoes of the Historic Preservation Commission", examines their decision and decides whether there were any underlying issues of arbitrary or capricious pretext. Once you decide that initial inquiry, Hoiecek said, the second issue is how you are going to decide: you can affirm or modify the decision of the Historic Preservation Commission. Holecek suggests the board splits it into two votes, as listed above. Holecek said that a modification might mean the board says a dimension needs to be scaled back, for example. Iowa City Board of Adjustment November 16, 2006 Page 8 of23 Alexander said she wanted clarification as to what kind of group the Historic Preservation Commission is. Holecek said the Historic Preservation Commission has two functions: studies and recommendations for the implementation of conservation districts within the city. Then they become quasi-judicial to give out Certificates of Appropriateness. Holecek said that the Historic Preservation Commission is both legislative and quasi-judicial. Holecek said that this issue is in the realm of quasi-judicial. Holecek said that the board was provided with the minutes of the previous Historic Preservation Commission meeting. Holecek said that the Historic Preservation Commission is empowered to address historic issues that relate to design, architecture, and aesthetics. Walz said that there is no staff report interpreting the Historic Preservation Commission meeting because the evidence is in the minutes and transcripts. Public HearinQ ODen John Beaslev, attornev sDeakinQ on behalf of John Roffman in support of his appeal. Beasley said that he brought some "school supplies", referring to his notebooks for the board. Beasley said that the photographs at the Historic Preservation Commission presentation were shown via computer projection and he felt these were not an accurate portrayal of "what was occurring out there". He felt his notebooks were better. Beasley said his notebooks show 6 exhibits. The first is a representation of what Roffman hopes to construct. The second, Beasley said, shows the West elevation. He did not include the east because the Historic Preservation Commission concerns came from the west primarily. Beasley requested an easel for his visual aides. Beasley said that exhibit two shows that they took an outline of the proposed construction and took a dark line and superimposed what was there before the demolition. This was done for both north and west elevations. Leigh said that her understanding that on the sides, the proposed building goes out to the darker lines drawn on Beasley's illustrations. Walz said that the lines represent the top roofline of the bay but yes, the side of the building does come out to the darker lines. Walz urged Beasley to speak into the microphone because the recording was not picking him up. Beasley said that the third photograph shows a bird's eye view to show the relationship between the building footprints. Beasley said the last depiction showed an expanded view to include the property adjacent and the two properties to the west. The dark line, he said, would represent the previous footprint. The light blue line would represent the proposed structure. Beasley said the photographs purpose were to give the board another view of this mass-depth discussion. Beasley said that exhibit 5's aerial views show the relationship between property to the west and multi- family properties to the east. Beasley said he also included some photographs of some of the larger multi- family structures not only adjacent to the property but in the nearby area as well. Beasley said the last exhibit is a depiction of various other projects that increased the depth footprint in resulting mass of various projects that have been approved by the Historic Preservation Commission. Beasley said he attached the actual Certificate of Appropriateness that go along with the various projects. The point of the Certificates, Beasley said, is to demonstrate that the Historic Preservation Commission has approved similar requests in the past. Beasley pointed the board's attention to a staff report pertaining to Roffman's proposal before the first Historic Preservation Commission meeting, September 14, 2006. Beasley said this staff report discusses the appropriate guidelines in relation to Roffman's proposal, in particular 10.0. Beasley said lighting, parking, height, and building materials were all concerns of the staff. It indicates that this proposal satisfies minimum point requirements for approval. There is no mention of depth, mass concerns, Beasley said. Beasley said Roffman's architect sent a memo before September 14th meeting that responds to concerns, also in board's packet. Beasley said that the concerns of the September 14th meeting, according to minutes, are whether guideline 8.2 applies to a multi-family unit. Beasley said one reading only 8.2 applies to multi-family and duplexes. Beasley said the Historic Preservation Commission requested a deferment so Holecek's department can render a legal opinion. Beasley there was not discussion about depth of west elevation. Beasley said that 8.2 doesn't apply, which was discussed at September 28th meeting. Beasley said that the primary concerns is that the new building is going to have 6 units with 3 bedrooms a piece, which will result in a different clientele. Beasley said that the depth and mass only become an issue at the September 28th meeting. Beasley's position was that zoning, not Iowa City Board of Adjustment November 16, 2006 Page 9 of 23 Historic Preservation Commission, controls the density. The Historic Preservation Commission translated concerns about the inside of the building and used the argument of depth and mass as a pretext. Beasley said he looked at the guidelines and the one that was relied on by the Historic Preservation Commission was building helghUmass. Nothing else, he said, appeared to be an issue. Beasley said that the history of the Historic Preservation Commission shows that when depth and mass has been increased, they have not denied applications for Certificates of Appropriateness. Beasley read some of the transcripts of the September 28th Historic Preservation Commission meeting. Beasley focused on Carlson's quote, "There is nothing in our purview that reflects building depth. We have no say over that whatsoever." Beasley said he doesn't believe the Historic Preservation Commission has the authority to deny a certificate based on depth, regarding guideline 10.0. Beasley said there have been design features put into West elevations to reduce visual mass. Beasley said that this project meets the minimum point requirements. Beasley said that his view is that you need to read 10.1 and 10.2 together. Beasley said that 10.1 offers subjective material but 10.2 is an effort to bring some objectivity to some of the criteria that are outlined in 10.1. Beasley said that staffs position is that minimum point requirements have been satisfied. Beasley said that the September 281h meeting brou~ht new concerns to Roffman that were not staff concerns as presented in the previous September 141 meeting. Beasley said that the Historic Preservation Commission's decision was a result of neighbor complaints, and this is not a basis to deny a Certificate of Appropriateness. The Historic Preservation Commission made a decision outside of their purview, Beasley said. Beasiey said that there is a time line to follow when submitting a Certificate of Denial, which the Historic Preservation Commission did not follow. Beasley said these are grounds for the board to issue a Certificate of Appropriateness. Beasley asked the board if he could have "a couple minutes" to address any concerns that the public may raise. Jim Enloe. Colleee Street. former Historic Preservation Commission board member. He asked for clarification on Beasley's illustrations. Enloe requested to see the slide that showed the front elevation. He said that the illustrations show a significant increase in the visual mass of the building. He said he wanted to clarify that. He said he didn't take part in any of the Historic Preservation Commission's deliberations on this issue. He said that the Historic Preservation Commission's function is to protect the historic nature of architecture in a conservation district to make compatible decisions. Enloe said that scale and mass are with the purview of the Historic Preservation Commission. Enloe said that the Historic Preservation Commission hasn't approved all applications, as Beasley said. Enloe said the Historic Preservation Commission has a considerabie amount of expertise and this decision was not made to stymie a developmental project. He said it was egregious to say this decision was a pretext. Enloe said that the judgments of the Historic Preservation Commission should not be second-guessed by the BOA. Ann Estin, Colleee Street. She wanted to say she supports the Historic Preservation Commission. It is important to her to preserve the historic values. She is concerned with the new evidence of the applicant. Esten said that it seems to her the issue is whether the Historic Preservation Commission acted in an arbitrary and capricious manner. Esten said that she attended the September 141h meeting and she heard a lot of discussion of scale and mass. Esten said she thinks it's unfair to assess the Historic Preservation Commission's findings based on Beasley's arguments that the neighbors' complaints influenced the Historic Preservation Commission. Phillip Luteendorf, 911 Iowa Ave. Lutgendorf said that his house was also badiy damaged in the tornado and reconstruction has been a meticulous process. Lutgendorf was at both of the past Historic Preservation Commission meetings-September 141h and 28th-and he said that scale and mass were indeed discussed at both meetings. Lutgendorf said he brought them up. Lutgendorf said that the way the overlays are put up now is more representative of a building that is 10 feet wider and 29 feet longer, which is a significant increase. Lutgendorf said this is supposed to be a neighborhood of mixed-owner occupied dwellings and in the last 20 years, the neighborhood has seen a transition to increased rental properties. Lutgendorf said that families are moving out of the block because of the rentai buildings. Bu Wilson, Colleee Street. Wilson agreed with previous speaker. Her neighborhood is becoming an increasingly irresponsible form of rental properties. Wilson said that Iowa Avenue is a historic street because it was designed to have the Capitol on one end and the Governor's mansion on the other. She said that the building at 932 Iowa was always out of scale but it was there. But to replace it with Iowa City Board of Adjustment November 16, 2006 Page 10 of23 something that was even more massive, Wilson said, is absurd. He said that the Historic Preservation Commission deserves to be given its purview. It is wishes to take a broad view of its mandate, take the broad view, She said history is not a matter of adding up points, Mike Cervantes, 918 E. Washinoton Street. Cervantes said that he knows it's a mixed neighborhood. He said he's 12 feet away from his neighbor on one side, to add 10 more feet would make it difficult. He said 12 feet would have a big impact on the neighborhood. He said he's not criticizing the design. He's concerned about the increase in mass. Susan Lutoendorf, 911 Iowa Ave. Lutgendorf read a letter from Wanda, a neighbor who had to leave the meeting. The letter asked the board to respect the decision of the Historic Preservation Commission. Lutgendorf said that the comments of Roffman's attorney, calling the Historic Preservation Commission's decision capricious, were not correct. Lutgendorf referred to the minutes of the September 14th Historic Preservation Commission meeting. She read a comment made by her husband, which brought up scale and mass. Lutgendorf said that the d.ecision of the Historic Preservation Commission was well considered. Lutgendorf said that she is spending a huge amount of money to reconstruct her own house. The idea of a neighbor encroaching on the side and back, she said, changes the appearance and devalues her property. Nancv Carlson, 1002 E. Jefferson. Carison referred to Beasley's comments that the Historic Preservation Commission had approved numerous other additions and so they should approve Roffman's design, Carlson said that she believed each case brought to the Historic Preservation Commission should be treated independent of any other site's case. Carlson said that the people who have spoken here have spoken because they have an investment in the neighborhood as neighbors. There is no monetary investment. They want to protect the area they live in, Carlson said, and they are grateful for the help from the City. Carlson said that in 2000 the city said they wanted mixed neighborhoods. Carlson said that if we cannot work out a way where owner-occupied people can feel safe in their neighborhoods, then why does the city continue to talk about mixed neighborhoods? Tim Weitzel. Chair of Historic Preservation Commission. Weitzel said he wanted to make some clarifications. Weitzel said that it was presented to the Historic Preservation Commission that the building was beyond repair. Weitzel said that as far as new construction, there is a building on Dodge Street that was allowed an increase in mass. However, he said, the building that replaced it stayed within compatibility of scale and mass. Weitzel read various Historic Preservation Commission guidelines in addition to 10.1. Weitzel read guideline 2.0 in its entirety. Weitzel read guideline 3.4 as his "fallback position". Weitzel referred to guideline 8.2 and said that the Historic Preservation Commission initially deferred the decision to seek legal advice in regards to their purview. Weitzel referred to guideline 9.0, item 9, and read it in its entirety. Weitzel said that Historic Preservation Commission discussed scale and mass in both meetings. He pointed out that both meetings should not be looked at as separate meetings, The second was a continuation of the first meeting. Weitzel said that the original dimensions of the building were 42x40x39 and the proposal wouid increase them to 46x69x36. Weitzel said that the footprint went from 1680 to 3174, the frontage went from 1646 to 1656, and the total mass went from 65,520 cubic feet to 111,090 cubic feet. Weitzei said the Historic Preservation Commission needs some latitude and it will not work if you make it a "flow chart process". Alexander asked Holecek about the BOA's responsibility in this matter. Holecek said all commissions have to apply the guidelines before them and it is the BOA's responsibiiity to decide whether the Historic Preservation Commission followed such guidelines. Holecek said that whiie additional evidence can be submitted to clarify things, all decision must come back to the guidelines. Holecek said that intent doesn't get you far, you have to look at the law. Holecek reiterated that intent doesn't get you to the standard you are applying. It sets out a goal, but not the law. Holecek said that it is the BOA's responsibility to look at the evidence as objectiveiy as possible, and apply the relevant guideline, 10.1, and find whether that was appropriately applied by the Historic Preservation Commission in denying the Certificate of Appropriateness. John Beaslev, attornev soeakino on behalf of John Roffman. Beasley said that this is not a historic neighborhood, it's a conservation neighborhood. Beasley said that in exhibit 2, the difference of 10 feet from the street is irrelevant because in the guideline that deal with issues of mass calculations are inapplicable to multi-family. Beasley said that he's seen it all but he's never seen a person who is Iowa City Board of Adjustment November 16, 2006 Page 11 of23 supposed to be unbiased, impartial commission member come to an appeal and advocate on behalf on one side or another, referring to Weitzel. Jim Enloe, Colleoe Street. former Historic Preservation Commission board member. Menloe said the issue of mass is not defined by the surface area of the fac;:ade, but instead by the volumetric calculation of width depths, and height, and it is in the purview of the Historic Preservation Commission. Alexander asked for Enloe's view on "visual mass" and Enloe said he won't speak for the Historic Preservation Commission but his view is that "visual mass" has to do with shape and size. Enloe said that, in this case, visual mass is a large increase. Enloe said that the Historic Preservation Commission has granted increases in depth, but they have also denied increases in depth. Mass and scaie, Enloe said, have always played a part in any Historic Preservation Commission decision. Enloe said he does not believe the Historic Preservation Commission acted capriciously. Public Hearina Closed MOTION: Wright moved that APL04-0004 , an application from John Roffman for an appeal of the decision made by the Historic Preservation Commission to deny a Certificate of Appropriateness for a proposed building to be located in the Neighborhood Stabilization Residential (RNS-20) zone and Conservation District Overlay (OCD) zone at 923 Iowa Avenue, be denied. Leigh seconded the motion. Wright said that the building in question will loom over the neighborhood even more than the original building. Wright said the Historic Preservation Commission has a very difficult decision before them. he issues that the Historic Preservation Commission had to take into account were multi-faceted. Wright said that the Historic Preservation Commission acted within their purview. Wright said that there were larger issues, such as the fact that the other residential properties are a good deal smaller than the proposed structure, which, according to Wright, is a mass argument that the Historic Preservation Commission had to take into account. Wright said it is a significant lot on Iowa Avenue. Wright said they did not act capriciously or arbitrariiy in their decision. Alexander said that she is troubled with the findings. Alexander said that they need to base their decision on the record and not on new evidence. Holecek said that the district court will allow additional evidence in cases when a commission's decision is appealed. Alexander said she is sensitive to this topic because the BOA has been appealed before. Alexander said she's sensitive to stated findings. Alexander said if findings are not ciearly stated, it puts the board in the position of "mind reading". Alexander said she's concerned about the lack of finding of fact in the records she was provided. Alexander said that she's not finding a lot of evidence in the record. Alexander said that there are things where one will taik about density and neighborhood concerns, but when she's referred to 10.1, she doesn't know how to take such new evidence into account. Alexander said that she doesn't know how to determine the intent of the Historic Preservation Commission. Wright said he is troubled as well. Wright said that guideline 10.1 is not a clear help. The transcripts are "mixed" and he said that the question that BOA is being asked to respond is quite limited. Holecek clarified that the board's job is to affirm whether the Historic Preservation Commission's decision was based on 10.1? Or, Holecek said, another way to look at it is whether someone exceed their jurisdiction? Alexander would like to send this back to commission and have them do it in a way to make it clearer. But she said that she knows that is not in the board's jurisdiction. Alexander said that she doesn't like meddling in the business of other commissions. Shelangouski said that she agrees with Alexander's confusion. She said that she doesn't understand the intention based on the Historic Preservation Commission based on the evidence provided. Shelangouski voted against Wright's motion. She said that after reading through the material, it seemed to her that when people gave their reasons, they always went back to something they weren't supposed to consider. She said that she would vote against Wright's motion because of this. Alexander agreed with Shelangouski's reasoning. Alexander said that she hopes there are lessons learned in terms of how findings are stated by a commission. Alexander also voted against Wright's motion. Iowa City Board of Adjustment November 16, 2006 Page 12 of 23 Leigh voted in favor of Wright's motion. She agreed with his reasoning. The motion fails: 2:2 Beasley asked about the issue regarding the HPC's failure to meet the time constraints in submitting their deniai of a Certificate of Appropriateness. Holecek said that it's the mere filing of the decision outside the five-<lay limitation and she doesn't find any prejudice and it's not contained in the guidelines or the ordinance to say that failure to meet the five-day time limit automatically results in a approval. Holecek said, "Especially since it's already been on record." Alexander asked if they should make a separate motion. Holecek said yes and Alexander requested Holecek to give them the appropriate language to do so. Holecek offered the correct wording: "The motion to deny the appeal based on the HPC's failure to file their decision denying their Certificate of Appropriateness within 5 days of the meeting." MOTION: Shelangouski motioned that the appeal based on the Historic Preservation Commission's failure to file their decision denying their Certificate of Appropriateness within 5 days of the meeting be denied. Alexander seconded the motion. Leigh asked Holecek for clarification. Alexander said she will base her vote on Holecek's lack of damage to the appellant. Shelangouski said that since nothing "spells out" that such a failure results in automatic approval she will be voting for the denial. Leigh agreed. Wright also agreed with this. The motion is approved: 4:0 VAR06-00001 Discussion of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street. Walz noted that she had distributed correspondence to everyone. Some of which, she said, they had received the previous day. She said there were letters from Hillary Sale, Christine Walters, Michelle Campo, Mall Kressewick, and Pat Eckhardt. Walz said that Eckhardt's leller mentions she was on the Board of Adjustment when the original variance was granted. However, Walz said, Eckhardt's leller is on behalf of herself. Walz said that the applicants, John and Sandra Hudson, are requesting a variance to allow up to 20 roomers to occupy the building located at 932 E. College Street in the Neighborhood Conservation (RNC- 12) Zone. Walz said that in 1997 a variance was granted to allow a rooming house for up to 30 residents subject to three conditions: 1.) The variance being conferred specifically to Leighton House, L.C., which will provide resident management of the rooming house consistent with the principles outlines in the business plan for Leighton House, L.C. dated July 1997: the density variance is not applicable to any successor in title to the property. 2.) Any exterior change to the structure requiring a building permit requiring approval by the Historic Preservation Commission 3.) The removal of the concrete basketball court located in front of the residence, and the installation of landscaping instead. Walz said that because of the first condition, the rights of the variance may not be transferred with the sale of the property and therefore the current applicant is seeking a new variance. Walz noted that the variance would be transferable to a buyer who purchases the property with the Leighton House LC and operates the rooming house in accordance with the principles in the Leighton House business plan. Walz said that in 1997, a variance was granted against the staff recommendation. Walz said the building had fallen into a state of considerable disrepair, and the Board had cited a concern that the historic building would be demolished and that the professionally supervised private women's dorm would be preferable to the options that could potentially affect the property. Walz said that the business plan on which the Board of Adjustment based its 1997 decision relied on the then applicants' educational background, plans to provide twenty-four hour on-site management, Iowa City Board 01 Adjustment November 16, 2006 Page 130123 academic support, professionally prepared meals, housekeeping, transportation, offsite parking, security and plans to renovate the building. Walz said that parking would be addressed through leased spaces in the Chauncey Swan public parking ramp and that transportation would be provided to and from that ramp. Walz said that in 2000, the property was rezoned from RNC-20 to RNC-12, which is intended to "stabilize existing residential neighborhoods by preserving the predominantly single-family residential character of these neighborhoods and preventing existing multi-family uses in these neighborhoods from becoming nonconforming (Ord. 94-3608, 2-1-1994)." Walz said that the RNC-12 zoning does not allow rooming houses or fraternity/sorority houses. Walz said that under the new code RNC-12 is renamed Neighborhood Stabilization (RNS-12) zone and has the same restriction on rooming houses. Walz said that a variance was again applied for in 2005 to allow 30 roomers in order to continue the Leighton House business plan under new ownership. The variance was denied. Walz said the Board cited that such an increase would be contrary to the intent of the RNC-12 zoning and Comprehensive Plan. Walz noted that the Board indicated that the applicants lacked the skills and experience necessary to run a private domnitory and has provided no evidence of economic hardship. Walz said that in the absence of a variance, the property is permitted as a rooming house with a maximum occupancy of 13 roomers. Walz said that the property may also be used for other uses in the RNC-12 zone, including a single-family home, a duplex or family care facility if 4 parking spaces could be provided. Walz said that through special exception process, the building could be converted from its present non-conforming use to another non-confomning use of equal or lesser intensity (section 14-4E-5B). Walz said this option is new under new Zoning Code. Walz said that the property has been non-conforming since 1983 and continues to be non-conforming today for these two reasons: 1.) rooming house are not an allowed use in the RNS-12 zone 2.) the property does not provide the required minimum parking. Walz said under zoning code regulations that were in effect at the time the building was a confomning rooming or fraternity /sorority house, the property was permitted 13 roomers. Walz said under current code, the maximum density in the RM-20 zone, which allows rooming houses, would allow 1 roomer per 550 square feet of lot area, that is 13 roomers. Walz said that the building at 932 College Street continues to operate as a rooming house-a legal, nonconforming use allowing up to 13 roomers. Walz said because the rooming house does not operate under the conditions of the 1997 variance, the rights of the variance do not exist at this time. Walz said that no variance to the strict application of any provision of the Zoning Chapter may be legally granted by the Board unless the applicant demonstrates that all of the following elements are present: 1.) Not contrary to the Public Interest a. the proposed variance will not threaten neighborhood integrity, nor have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance. Walz said that staff finds that the application does not meet this test. The property is unable to provide adequate parking and the applicants have not addressed how to deal with the additional demand for parking. In staffs opinion, the additional 7 roomers have the potential to create additional demands for parking. Walz said that the applicants have proposed the property as an intentionai community but have not demonstrated that such a community functions any differently than a rooming house. In addition, she said, such a use was not enforceable. Walz said that in the 1997 variance the applicant had proposed to provide alternatives to on-street parking but had not fulfilled that obligation. b. The proposed variance will be in hamnony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. Walz said that staff finds that this application does not meet this test either. Walz said that the Comprehensive Plan and zoning map reflect the intention of the City to stabilize the surrounding single-family neighborhood. Although it would be appropriate to allow the building to continue to serve as a rooming house it would be contrary to the zoning to allow 7 additional roomers. 2.) Unnecessary Hardship. Walz noted that the test for this element consists of three prongs, each of which must be proven by the applicant for the Board to legally grant a variance: a. The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located. Walz said that staff finds that the application does not Iowa City Board of Adjustment November 16, 2006 Page 14 of 23 meet this test. The applicants have submitted financial information that shows that a rooming house with 13 occupants cannot yield a reasonable rate of return based upon the current price of the property. Waiz said that the financial information shows that at least 17-18 roomers are needed based on the current selling price. However, she said, the applicant must show more than a diminishment of value. Diminishment of value is not sufficient to satisfy the test of inability to yield a reasonable rate of return. b. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood. Walz said that the staff finds that the application does not meet this test. Walz said there is nothing special about the physical characteristics of the property that warrant special privileges to this property that other rentai properties in this neighborhood do not enjoy. Walz noted a comparison chart of several other historic and non-historic rooming houses in the neighborhood. c. The hardship is not of the landowner's or applicants own making or that of a predecessor in title. Walz said that staff finds that appiication does not meet this test. She said that although changes to zoning requirements were not caused by the property owner, the current owner's decision to invest in the property based on the business plan was of their own making. The owner was aware that the variance would not be transferable without the conditions of the business plan. Walz referred to the letter submitted by Pat Eckhardt, who raised these issues. Eckhardt, who was a member of the Board when the variance was granted, stated that the board members did not understand how their decision would impact this property if the business failed. Walz said it was important to be clear about the granting of the prior variance. She was providing some excerpts from the minutes from the 1997 meeting in which the variance was granted. Walz said that, according to the minutes of the public hearing, Hillary Sale, a member of the public, responded to a question raised by the applicant Phipps. Sale stated that it is not that no one else could ever own that property, it is just that the conditions have to go with the property. Sale also said that would mean that if the corporation changes hands, but the corporation operates consistent with this business plan, there would not be a problem with the variance, and there would only be a problem if the plan changed. Walz then directed everyone's atlention to page 21 of the 1997 minutes. John Phipps said, as far as the conditions on the variance, Saies may be right. John Phipps said he is not opposed to some sort of a contingency like that. Phipps said he would not want to see the business destroyed if they decide to retire in 20 years and sell the business or perhaps one of their kids would want to take it over. Phipps said he would not want them to change the concept. Phipps said he had no problem with the variance staying with the business or the business concept. Phipps said if it needs to be reworded so that he is happier with it, that would be fine, but if the idea is that the successive owner of the business who continues to operate the business in the same manner keeps the variance then he has no problem with that. According to the minutes, Holecek said one could transfer the corporate entity that operates under the same structure and not lose the variance. Walz directed everyone's attention to page 26 of the 1997 minutes and quoted Pat Eckhardt. Eckhardt said a more serious issue would be what happens if the Leighton House fails. She asked if it should then be canceied or a time limit should be put on it. Brandt, a Board member, said it is the general idea that if this concept fails, the issue is back to square one. Bender, also a Board member, said she though that was really beyond the jurisdiction of the Board. She said if it does not succeed, it is the applicant's problem. Bender said the people who would then want to buy the property would have to come and get approval for what they would want to do. According to the minutes, Holecek said that was correct. She said one could buy the limited corporation, but would have to continue to operate under that concept plan. Walz said that the 1997 minutes make clear that it was discussed at the meeting that this very-detailed business plan was what that earlier variance was subject to. It was the supervision of the building-the Phipps plan to live in and run the building. Walz said that, as the Board had indicated at the time, we are back to square one. Walz said that because the application does not meet any of the tests necessary for the granting of a variance, the Board cannot legally approve this applicant for a variance. Therefore, Walz said, staff recommends that VAR06-00001, an application submitted by Sandra and John Hudson for a variance from the zoning ordinance to allow 20 roomers in a Neighborhood Conservation Residential (RNC-12) zone at 932 E. College St. be denied. Public Hearino ODen Iowa City Board of Adjustment November 16, 2006 Page 15 of23 Sandra Hudson. co-aoolicant of VAR06-0001 referred to Walz's report as a "very interesting history" but went on to clarify that it was based on someone else's application and not hers. She said she would appreciate if Board pays attention to her application and her points. She has read the past minutes and she wili not repeat any of those points. She said that she wants to respond to the arguments that staff has made. Staff reports state that RNC-12 is intended to stabilize existing residential neighborhoods by preserving the predominantly single-family character and preventing multi-family uses from becoming non-conforming. Hudson submitted a document to the Board and referred to the color-coded map on the first page. The color pink is the subject property, 932 E. Coliege SI. The blue parcel indicates a condominium. Green dots indicate owner-occupied homes. Red dots are rental properties. Blue dots represent apartment buildings. The four shaded plots indicate rooming houses. Hudson said 33 of the 41 buildings were built prior to 1930. Hudson said that makes them historical. 18 of the 41 continue to serve the purpose. 16 are still single-family homes. 12 are owner occupied. 218 S. Summit SI. stili functions as an apartment building. 932 E. College stili functions as student housing. Hudson said she was surprised at suggestions of alternative uses for this property. Hudson said this does not comply with standards with historic preservation. Hudson said less than one-fifth of one percent of the city's housing stock consists of buildings that have been designed to function as intentional communities. Hudson said in the coming decade more and more of these buildings wili be lost to demolition or adaptive re-use. Hudson said more than one-quarter of 932 E. Coliege is aliocated to communal use. Hudson said that of the neighbors 41 properties, a little more than half of them are conversions and new construction, which have caused de- stabilization. 11 have become 35 dweliing units, housing 71 occupants. 3 historic single-famiiy homes have been converted to rooming houses. 1 has been converted to a sorority house with 20 occupants. 7 have been demolished and replaced with 87 apartments, with 364 occupants. Hudson said this demonstrates this neighborhood is not predominantly single-family homes. Hudson said it also demonstrates the 'neighborhood has changed more than the 932 E. Coliege SI. property. Hudson said since the buildings construction in 1924, the building's dimensions and use have never changed. Hudson said the living area of 8752 sq. feet has always been greater than the lot size of 7,440 sq. feel. Hudson said this makes the building peculiar and unique. Hudson said since the first zoning legislation in the mid_20th century, the ratio between the lot size and building size has been a problem. Each down-zoning has placed the property more and more out of conformity. Hudson said she intends to show that staff reports formula of 1 roomer per 550 sq. feet is unreasonable. Hudson said the building was designed to house coliege students. Regardless of ownership, Hudson said, the function has been consistenl. Hudson said the staff uses "arbitrary formula" based upon lot size, which is rational for new construction but grossly unfair when calculating occupancy rates for existing buildings. Hudson said that 932 E. Coliege SI. provides more living space for each occupant, even with 20 tenants. Hudson said that property is never below 20 occupants, when it can go up to 41 Hudson said the property faces hardship. When you reduce the number of occupants, it is impossible for an owner to adjust since it's impossible for an owner to reduce the size of an existing structure. Hudson said the size of the structure carries an inherent cost of operation. Hudson used Giliette razors and Hewlett-Packard printers as analogies to her point that the real cost comes in the upkeep of something, whether it be a product or a property. Hudson said that she'd been offered property in the past for a low price but after examining the financials, she did not buy because the cost of operation was more annualiy than the purchase price. Hudson said she wants to demonstrate the difference between purchase price and cost of operations, which do not adjust with occupancy rates. Hudson said when an existing building has fewer occupants than it was designed to serve, the owner will face difficuit financial hardships. Hudson said this property is already beginning to show deferred maintenance. Hudson said this trend will affect the neighborhood. Hudson said that a property that suffers from deferred maintenance wili attract less-responsible tenants and this will affect the neighborhood. Hudson said the property owner wili not be responsive to neighborhood concerns. She said that this example was the reason for past probiems that the neighborhood experienced with tenants of 932 E. College SI. Hudson said if an occupancy rate of 13 is implanted, the income will be reduced by 35 percent, which creates financial hardship. Hudson said pre-renovation floor plans indicate this building was buiit with 22 bedrooms. Hudson said an occupancy rate of 20 is therefore lower than what the building was built to maintain. Hudson said that aliowing pre- existing occupancy to continue wili not alter the character of the neighborhood. Hudson said this property cannot yield a reasonable turn if zoning codes are applied retroactively. Hudson said this entire discussion demonstrates the unreasonableness of the zoning ordinance, specificaliy the fomnuia used to calculate occupancy rates. Hudson said that staff reports say that the inequities that have resulted from this property are a result of zoning. They have nothing to do with any Iowa City Board of Adjustment November 16, 2006 Page 16 of 23 action or inaction of private prior owners. Hudson said this supports her position. Hudson said the Board of 1 997 also agreed. Hudson said the staff reports the applicant's property is in the part of a city that has limited parking and the applicants have made no provisions to address the additional parking demands created by additional roomers. Hudson said in 1997 the Board granted a variance on the condition a shullle be provided. That service is provided by the city, Hudson said. Hudson said increased traffic is not the owner's doing-it's societal. Hudson reiterated that the building has maintained its original form and function since 1924. Therefore, Hudson said, it's far less a contributing factor to the parking problem than the majority of its neighbors. Hudson said this property pre-dated all zoning and preponderance of automobiles. Hudson said it is physically impossible to meet current zoning codes. Hudson listed two alternative ways to solve the parking problem: resident stickers and selected streets made one-way. Hudson said the nineteen members of the UI track team, who occupy the property, only have 6 cars. While she doesn't assume this number will stay the same, she does say that an intentional community will most likely share automobiles. Hudson said that intentional communal residences are no longer being built, making the 932 E. College property rare. Hudson said the current tenants are responsible young men. Hudson said 13 occupants will result in an under-funding for 932 E. College St., which will cause the neighborhood to fall into a downward spiral. Hudson said a variance will provide a healthy future for both the building and the neighborhood. Hudson asked Board to look at her application and no one else's. John Hudson, co-applicant of VAR06-00001 , Hudson said he is going to read two lellers, the first being from Patricia Eckhardt, former chair of Board, The leller stated that the variance for 932 E. College St. in 1997 was applied only to the Leighton House L.C. and did not run with the land. Eckhardt did not foresee that a variance applied to only one property owner might lead to problems in the future. Eckhardt wrote that a low density of 13 people cannot come near to providing the amount of income needed to justify the investment in a property assessed at $639,940 and maintain its structure and integrity. Eckhardt wrote that the College Hill House is a building constructed for group living. She wrote an attempt to remodel the building into apartments would not only be very expensive, but it would go against one of the Secretary of the Interior's Standards for Historic Preservation. Eckhardt wrote that a higher density would ironically benefit this building and this neighborhood. Hudson said he would like to read a second letter wrillen by Mark Kresowik, President of University of Iowa Student Government. Kresowik wrote a primary issue is parking and denying the variance will increase the parking problem. As far as conduct, Kresowik argued that denying the variance will increase disorderly conduct. Kresowik wrote that the current tenants, members of the UI track team, are exemplary. Kresowik wrote that the tenants only own 6 vehicles and if the variance is denied, single tenants will come with more vehicles. As far as future occupants, Kresowik wrote that if the Board denies the variance, these responsible students will be forced to vacate and the Hudson's will no longer own the buiiding. Another owner, forced to make tougher decisions about lower profits due to the lower occupancy, will not consider the occupants of the building as carefully. Kresowik wrote that he feels these younger members of our community are sometimes denied that fair hearing. Kresowik wrote that at a neighborhood gathering to discuss the variance application, to which a representative of the Ultrack team was given an invitation, they were asked to leave before the meeting and prevented from discussing the issues at stake. Kresowik wrote that some members of the community automatically discriminate against the youthful nature and reputation of students in general, without considering the real facts of the group and owners before you today. Kresowik wrote that the Hudsons will continue a tradition of responsible, intentional communities in this building, a tradition started by members of the Ultrack team. I hope you give them the variance, Kresowik wrote, and move this community forward together. Hudson said Sarah has both of these lellers and he hopes they will become part of the record. Rob Phipps, one of the owners of 932 E. ColleQe St. Phipps said when he bought it in 1998, he bought it for $248,000. Phipps said he spent $400,000 on the building to turn it into a private woman's dormitory. After three years, Phipps said, it became evident that it wasn't working. Phipps said he tried alternative ways, which were not successful. Phipps said that last year, they tried to run the building as a 13-person rooming house and described it as "the worst year ever". It wasn't an intentional living situation, Phipps said, and there were all sorts of problems and he doesn't want the building to go through that again. Phipps reiterated S. Hudson's point that the Board should consider her application and not his. Phipps called the building a wonderful historic building for student housing since 1924. Daniel Peoples, UI Track Team member, 932 E. Colleqe Street. Peoples said he has a group of lellers from the residents, similar to the letter he would like to read aloud. Peoples said as a house, they have tried to reach out to the neighborhood. They have received a negative response. Most are unwilling to talk Iowa City Board of Adjustment November 16, 2006 Page 17 of 23 to them. They held an open house and no one showed up. Peoples said he has heard many complaints from the neighborhood, calling the house "fraternity-like". Peoples said the house is far from that. Peoples said he does not have large parties. We are a group of responsible student athletes. Peoples said that the parking claim is false because he drives daily and never has trouble finding parking. Peoples said that there are 19 residents and only 6 vehicles. Peoples said that the Alpha Phi house has a parking lot but he always sees their cars on his street. Peoples said his housemates have caused no problems and the living situation has had a positive effect on their growth as at team. We are not normal college students. Their lives do not revolve around going to the bars and having house parties. Peoples said he feels that the neighbors have unfairly judged them. Peoples said they have not been given the chance to become part of the neighborhood. Grea Downs. real estate aDo raiser. Downs said he's been asked to quantify the effective value of the property for possible reduction in the maximum occupancy. He said he used 20 persons as his business model. His concern was the question, how does the property operate at 20 persons as opposed to 13. Downs said the current rental penmit lists the property as an owner's apartment unit with a total occupancy of 30 persons. The property is currently leased under a master agreement with a group of the' Ul Track Team. The leases are annual leases and the average rate is $372 per month, per person. Downs said that the tenants also pay utilities. The landlord pays all of the repairs, inspections, and maintenance. Downs said he has appraised this property twice. In 1998, this full-service rooming facility was new to the community and attracting clients was difficult. Downs said that expenses proved to be to great for the limited demand. The owner reported that they had purchased the property far $240,000 and had invested $400,000 dollars. In his 2005 appraisal, Downs said that the property was listed for sale at $595,000. Downs said in his opinion double occupancy rooms is not probable. The most probable occupancy is 16-18 persons. His financial analysis estimates the gross income at $79,000 and expenses at $29,000. Downs said that taxes have increased about $5,000. Current monthly rent is $7,050 or $84,260 per year. We consider a discount for vacancy and credit loss at 5 percent, so the effective gross income, Downs said, is $80,370. Downs projected the following expenses: 1.) Taxes - $24,254 2.) Insurance - $3,300 3.) Management and Leasing - 6 percent, or $4,822 4.) Maintenance - $4,000 5.) Alarm and fire systems - $1,800 6.) Additional charge for replacing long tenm items - 2 percent, or $1 ,608 Downs said that the total expenses are therefore at $39,784 or a net operating income at $40,586. Capitalization rates are estimated at 18.5 percent and using the formula for income over rate for direct capitalization the indicated value at 8 percent is $507,325 dollars. Downs said if one estimated a value of the property to be $525,000 with a 75 percent loan at 7.25 percent for twenty years, the mortgage amount would be $393,750, the down payment at $131,250, and the monthly payment would be $3,112. The cash on cash return of the down payment is 2.7 percent annually. Down said if the occupancy was reduced to 13 roomers, expenses would not vary to a great exlent. Assuming 13 persons are in occupancy, Downs said, paying $375 dollars a month each, the gross potential income is $58,500 per year. Effective gross income after vacancy and credit loss is $55,575. Downs said that the taxes would go down to $16,000. Insurance would not change, but he would reduce the maintenance charge. Downs said with such reductions, the operating expenses would remain at $25,294 dollars and the net operating income is at $30,281. Using 8 percent overall capitalization rate, the property value is estimated at $378,512. If one estimated the value at $380,000 and assumed a 75 percent loan to value ratio for 7.25 percent mortgage, the monthly payment would be $2,252.57 on a mortgage of $285,000. Downs said reducing the occupancies reduces the value from $507,300 to $378,000, based on occupancy of 13 persons. Downs said that rental properties are based on the net income produced. Downs said such a reduction is not financially feasible to convert this to a multi-family dwelling. Downs does not feel that occupancy of 30 persons is realistic but a reduction to 13 will materially affect the value of the property. Downs said occupancy of 20 is feasible from a financial and practical point of view. The property currently pays $24,254 in property taxes. Downs said that residential properties are one to two family dwellings and receive a rollback to approximately 46 percent. A home of $175,000 pays taxes of $3,059 per year. Downs said a property worth $200,000 pays taxes of $3,500 dollars and this property pays taxes equivalent to 7 or 8 single-family residences. Downs said that fraternities and sororities are treated as residential properties. Downs used the Sigma Nu fratemity as an example, which enjoys a residential Iowa City Board of Adjustment November 16, 2006 Page 18 of 23 rollback. Downs said in his opinions the owners investment of $650,000 exceeds the estimated value even If the property is capped at 20 persons. Downs said that If the occupancy was capped at 20, the property value would be estimated at $520-540,000, in his opinion. Downs said he is amazed at the wear and tear of the fraternities and sororities he has appraised, unlike the property at 932 E. College Street, which appears to him to be in very good shape. Mike Puoh, council for Leiohton House L.C. Pugh said his purpose is to show that the applicants show unnecessary hardship in connection with the request for their variance, Pugh said that the Iowa Code provides BOA authority to grant variances as long as they are consistent with public interest. So that the spirit of the ordinance be observed and justice done, Pugh said that the city code requires the Board to find that the property in question cannot yield a reasonable return if required to comply with the requirements and standards specified in the zoning code, this is also known as the reasonable rate of return requirement. Pugh said the Iowa Supreme court stated that in claiming unnecessary hardship, the applicant must show each of the following: 1.) the land in question cannot yield a reasonable return if used only for the purpose allowed in that zone 2,) the plight of the owner is due to unique circumstances and not conditions of the neighborhood 3.) the use will not alter the central character of the neighborhood Pugh said that Iowa courts have found that in order to justify a variance it must be proven that the strict application of the city law practically destroys the value of the property. Pugh said the Iowa Supreme court, in defining unnecessary hardship in a Deardorf case, cited the following definition: by way of guiding principal it may be said that a variance should be granted where the application of a regulation of a particular property greatly decreases or destroys its value for use, Pugh said the granting is appropriate even in situations where some value remains in the property, Pugh said that if you apply a very strict interpretation of the Supreme Courts definition in which a variance cannot be granted unless property value is destroyed, a Board of Adjustment would serve no practical purpose in approving or denying variances. Peat said this was not the intent of the legislator. Instead, Pugh said, the Board should focus their attention on the Supreme Court standard on whether or not the application is able to show a strict application of the zoning ordinance greatly decreases the value of the property. Pugh said that in 1997, the Board of Adjustment found that to restore the historic integrity of this structure will require some up front capital investment. Pugh said that capital investment has been made, in an amount exceeding $400,000. Pugh said previous testimonies have illustrated a reasonable return could not be realized with permitted use of 13 roomers. Pugh said that Downs said using the property as a single-family home, duplex, or family care facility would require a significant additional capital investment. This, Pugh said, is not practical. Pugh said that in the owner's original investment with Leighton House, even if Leighton House failed, the owner had the safety of falling back on a twenty-person occupancy building or as a fraternity or a sorority house. The downsizing, Pugh said, occurred in 2000 when the owner was still trying to make the property profitable. The granting of variances is necessary to diffuse certain situations that may give rise to constitutional challenges if zoning ordinances is strictly applied. Pugh said that the variance is a "legal safety valve." Pugh said that what is before the Board is a request to strike a balance between the property owner and the neighborhood. Pugh said that the property owner is coming to the Board with a suggestion that it would agree to a variance of 20 roomers, which would in actuality be 10 less than what is permitted by an original variance. Pugh said the property is not located in a single-family area. Pugh said there are only 12 out of 41 residences that are single-family residences. Pugh said 13 roomers would be the lowest occupancy that this building has ever experienced. Pugh referenced the decision of the 1997 Board decision, which stated "there is no other viable economic use for the property other than as a student rooming house." Pugh said that they consider the application to be a compromise variance; it reduces the current variance from 30 to 20 roomers. Pugh said it is good for the property owner. Pugh said this variance is good for the city because it recognizes the significant investment this owner has made into a historic property. Pugh said that when the staff says they can't legally grant a variance, it's a loaded recommendation that the staff is not qualified to make. Pugh requested a copy of the letters and excerpts of minutes from the 1997 Board of Adjustment meeting, Davis Lvndon, current contractino manaoer of the 932 E. Colleoe buildino, Lyndon said he is 21 years old and a junior at the University of Iowa. Lyndon said that seven of the 19 tenants will be 21 by December of 2006 and everyone in the house is above the age 19. Lyndon said the cross country team has the highest grade point average among the athletic programs at the university. Lyndon said that they have an Iowa City Board of Adjustment November 16, 2006 Page 19 of23 established house government. Lyndon said they have an advisory council to deal with this issue. Lyndon said he is extremely proud of his housemates. Lyndon said they have tried to reach out to the community with their open house and he is asking the Board to grant the variance sO they may continue their tradition of excellence both on and off the field. Wright asked if his position as manager is a paid position. Lyndon said yes, he receives $500 a month. Susan Bender. former Board of Adiustment member. Bender said she served on the Board when the original variance was granted. Bender said she would i1ke to make four points. Bender said she is the only person who toured the extremely run-down fraternity building. Bender said it was the filthiest house she'd ever seen. Bender said the inside was destroyed and the neighbors she had spoken to were relieved about the plan to restore the house by Phipps. Bender said she understands what a thankless job this can be. Bender said it was the city staff liaison, Melanie Rockwell, who left department after her five year term, who said it was the Board's job to provide a system of checks and balances. Bender said that there are exemplary people here, referring to the Hudsons, who are trying to make this a win-win situation for everyone. Bender said this is not contrary to the public's interest but is in fact keeping to the down zoning in 2000 where the primary justification was the preservation of the historic character of the neighborhood. Bender said it's also in keeping with the zoning ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. Bender said she hopes the Board is not confused by the assertion of the staff that the Hudsons are requesting additional 7 residents. Bender said the applicants are willing to accept 20 tenants, which is 10 less than the original variance. Bender alluded to the previous testimonies of Downs and Peot. Bender said that she concurs with Pat Eckhardt when she writes that the Board had no idea what a hardship this condition would place on the owners of this historic property. Bender said she never had city planning staff offer rebullal as part of their report. She found this disturbing. Bender hoped that the Board will learn from her mistake. Bender said mistakes are to be expected because "we are community volunteers, we are not professionals". She believed that the 1997 Board made a mistake in tying the variance sO specifically to a business plan. Bender said she found in interesting that a reduction in parking was grandfathered in for the other fraternity that the Board talked about tonight and she found this "curious". Tom Bender. husband of Susan Bender. Bender said he is here in support of the Hudson's variance request. Bender said that he has been involved in real estate and insurance, where he worked with small business people. Bender said that what he finds most disturbing is that they took a business plan and misused it by tying it to the property, which is a gross misuse of what a business plan is supposed to do. Bender said that he has never been associated with a business plan that didn't have to change. Bender said when they tied the variance to a business plan, they "hard wired" Leighton House to fail. Benders said that Phipps has to sell his property for an amount considerably less than what he spent. Bender said that right thing to happen is to cut Phipps "a lillle slack" and "stem the bleeding". Bender said that S. Hudson knows what she's doing and she will make this a success. Bender said he hopes something i1ke this will never, ever happen again. Todd Lvndon, father of Davis Lvndon. Lyndon said that last year he looked for a bigger house to buy with the notion they would pull a group of guys that had an affinity for one another. Lyndon said that there are precious few facilities left in Iowa City and he was happy when they toured the 932 E. College building. He offered to buy the building and encountered a lot of concern about his intentions. Lyndon said that he is proud of the tenants and their goal is to create a tradition where the place would not be occupied by transients. Lyndon said the he is trying to establish an intentional community. Lyndon said he can't guarantee that the kinds of people that live in the building will always be exemplary. Lyndon said that the notion is how we need to work together with the neighborhood to create a model that could work. Lyndon said neighborhoods are optimal when they are diverse. Lyndon said that the building was designed for student housing and a team i1ke the track team would create a sense of diversity. Lyndon said that the Board's decision might have the same effect as the tornado that came through the city in April. Lyndon said that a building occupancy of 13 is not financially feasible and it won't work. Lyndon asked the Board to endorse the variance and he said that he would love to work with the neighborhoods. Lyndon said that he empathizes with neighborhood concerns but they need to sit down and talk about what they need to do to make this a success. Jim Estin, Colleae Street. Esten said what happens to this facility deeply mallers to neighbors. Estin said that some of the neighbors really need to look to the Board for some clarity as to what this is about. Estin said the Board should oppose this variance request. Estin bought a house about a year ago and put in a lot of money into converting it into a single-family house. Estin said that the stabilized zoning affected his Iowa City Board of Adjustment November 16, 2006 Page 20 of 23 decision to invest money into the house. Estin is relying on the city's down zoning the neighborhood and goal of stabilizing and preserving the character of the neighborhood. Estin said it is clear that the decision of the 1997 Board to tie it to a business plan was not made by the Board but they merely approved what was submitted by the owner. Eslin said that this request is not to reduce the occupancy from 30 to 20 because the occupancy at the moment is 13. So the request does represent an increase. Estin said parking is a problem. Estin there are consistently illegally parked cars in the alley, which is some sign that parking is problematic. Estin said he has to call the police and this puts him in an uncomfortable situation. This is not a win-win situation. Estin said that to increase the occupancy in the neighborhood is to increase problems in parking. Estin said this proposal undermines the stabiiization goals of the neighborhood. Estin said it's not just neighbors that have been misled, but the current tenants as well. Estin said the decision of the Board has very long lasting results that cannot be predicted. Estin said current zoning does not allow for fraternities and the Daily Iowan for today stated that the building "feels like a fraternity". Estin agreed with this statement. Meq Barron, lives in back of the Leiqhton House. Barron said she's lived there for thirty years and she's seen people come and go. Barron commended the tenants but said they will leave like the rest of them and the variance will stay, which might bring in tenants who are not so commendable. Bu Wilson. 1110 E. Colleqe St. Wilson said she will look at the financial issue from various aspects. Wilson commended the current tenants. Wilson said that she would like to start with the possibility that the tenants have been mislead. She referenced the Daily Iowan article on 9-20-06 that stated the building occupancy must be reduced from 20 to 13. Wilson quoted a letter addressed to Mr. Pugh that stated that the building's occupancy can only remain until December 31, 2006 but if the occupancy is not reduced to 13 after that, legal action will be taken. Wilson said she feels for these young men because they were mislead and now they're being evicted. Wilson said she would like to speak of the hardship in question. Wilson said she didn't know anything about the open house. Wilson said it was the current owner's decision to put all of his eggs in one basket. Wilson said it is unfortunate that he going to lose money on it, but it's the result of business decisions, not zoning. Wilson heard that the owner was present at the 2000 zoning hearings but did not speak to the issue. Wilson said 942 Iowa Ave has some similarities to the Leighton House. The building is an 8-rooming unit. They don't have a kitchen or dining room that can seat 30 and they don't have an exercise room. Wilson said the roomers don't have a large living room with a fire place. The residents of this building pay 380 dollars a month, which is less than some of the current tenants of Leighton House and they are living in smaller spaces. Wilson was bothered by the fact that variance would be tied to the property. As a property owner, this bothered Wilson. Wilson bought a house for more money because it was located in a historic district. Wilson said it was money well spent, as long as the zoning laws are strictly enforced. Wilson said the Leighton house was a result of unwise business decisions and her property values should not devalue because of them. Jim Enloe. Colleqe Street. Enloe said he was not aware of the open house. Enloe said he wanted to reiterate what Bu had said regarding business decisions to restore the Leighton House to much better condition. It was a business decision, Enloe said, that was not predicated upon having to have a specific zoning protection forever and ever because the money has already been spent. It may not have been a wise decision. Who knows what the future may bring, Enloe said, and they want to try to tie this to the property and hope that the building is always occupied by affinity groups but there's no guarantee. Enloe said he's tied to this community in a very long term way and the zoning is there to protect those who live in these neighborhoods. Enloe said the Board has a duty to protect the residents of Iowa City, and they don't know what the future is going to hold. Enloe said if they are currently in vioiation of a zoning ordinance that is a result of bad business decisions. We shouldn't have to pay for this. Enloe said the business plan that was originally for the first variance granted in 1997 was not to protect the owner; it was a condition to gain the variance. Enloe said the business plan was not very "long followed". Enloe cited the parking trouble and it's quite contentious at times, particular game weekends. Such problems would be exacerbated if the variance was granted. Esther Baker, 1022 E. Colleqe St. Baker said granting this variance gives these property owners a privilege that other business people are not allowed. Baker said she's concerned that this variance will set a precedent in which other businesses will come to the Board for similar requests and this will lead to destabilization. Baker commended the tenants but said they're graduating soon and who's to say the track team will carry on the tradition? Baker said there are no insurances that exemplary tenants will always occupy the Leighton House. Baker she likes the idea of such an "utopia" but in the long term, the tenants and the owners are temporary and the variance is permanent. Baker said she bought her house 4 Iowa City Board of Adjustment November 16, 2006 Page 21 of 23 years ago and down zoning was the reason she invested in the neighborhood. Baker said this variance would create a "slipper-slope" for other similar variances. John Morrison. 115 S. Summit. Morrison said that this variance lasts as iong as they have it. The track team doesn't guarantee any1hing. Morrison feared another fraternity, with tenants who weren't even "house broken". Morrison said he's concerned what will happen if things don't work out. Lisa Ann Johnson. President of River Citv Housina Coooerative. Johnson said the RCHC is placed in a difficult position of speaking to the matter, as they are an intentional committee with members who are predominantly students. Johnson said her group has also been held to unfair stereotypes, similar to the tenants of the Leighton House. Johnson said she has to speak to what her members decided at a recent Board meeting. Johnson said the RCHC has supported organizations and individuals who wish to establish an intentional community in Iowa City. Johnson said the RCHC has strong concerns about the variance being requested. Johnson said the Hudsons have not stated a clear plan for future oversight nor have they stated a plan for accountability. Within the past 3 months, Johnson's members have found that the current Leighton House tenants' "naked run" was not appreciated by come neighbors. Johnson said that noise in the late evenings coming from the tenants have been disruptive. Johnson wanted to note it's not about the current members, who are commendable. Johnson said there are creative solutions out there for running a housing system for 13 tenants. Johnson said members said granting this variance will change the dynamics of the neighborhood. Johnson said she's asking the Board to deny the variance. Alexander asked Johnson to define "intentional community". Johnson said there are various definitions. Johnson said there are "non-profit" collectives, in which the Hudsons do not fall under this category. Johnson said there are "work collective" communities and some can be as simple as saying "we're just a bunch of people who want to live together." So there isn't a clear definition, Johnson said. Michael Zimmer, treasurer of the River Citv Housina Coooerative. Zimmer said he is worried about their finances. Zimmer said the Hudsons are trying to establish hardship. Zimmer said he can only have 12 people in his house and they are able to make a profit because they demand a rate of return. Zimmer said he doesn't understand how the Hudsons can't make a return. Also, Zimmer said, the noise is also a problem. Zimmer mentioned parties at the Leighton House and he said the naked run concerns him because there are "young females who are impressionable". Ann Esten, College Street. Esten said she supports the comments that were made in favor of denying the application for variance. Esten said 20 is an extraordinary number of people. Susan Lutaendorf. 911 Iowa Ave. Lutgendorf said College St. is a street where people care about a single-family neighborhood. Lutgendorf appreciates the concerns of the Hudsons to keep up the neighborhood, she is concerned about the permanence of such a variance. Mike Puah, council for Leiahton House L.C. Pugh said he wanted to introduce the rental permit for the property into the record. It rebuts that the property is only allowed for 13 roomers. Pugh said the rental permit allows 30 roomers. Peot said the variance will be in existence as long as the business plan is followed. Pugh said they're asking for a reduction to 20. Pugh said complaints about properties are reported to the city and the properties report has a very clean record. Pugh said in his guess if you look at other rooming houses, the complaints will be very high. Alexander asked for clarification from the city regarding the conflicting testimony regarding the legal occupancy of the Leighton House. Pugh said that, with the down zoning, the property occupancy is for 13 roomers. But, Pugh said, with the variance, the occupancy is increased to 30, if you follow this business plan. Walz said that is correct. She said the difference is that the current situation is not in compliance with the business plan so the rights to the variance do not exist Pugh said the variance always exists. Pugh said he finds it curious that one letter, he can't remember, is dated November 8th and it's no finding of fact. Pugh said the Board has opportunity to strike a reasonable compromise with the owners and the neighborhoods. Pugh said the property cannot be used as a fraternity or sorority. Susan Hudson, co-aoolicant of VAR06-00001. Hudson said she was talking about the physical structure of the building and what it would take for anyone to operate the building. Hudson wanted to point out that Zimmer's comments about how he runs a house with 12 tenants is unrealistic to her property. Hudson said Zimmer's property is 2,593 sq. feet, 11. the size of the building they are talking about-8,752 sq. feet. Iowa City Board of Adjustment November 16, 2006 Page 22 of 23 Hudson said look at the physical structure of the building and what it costs to maintain it. It cannot be maintained, Hudson said, with 13 people. Hudson said this is why she needs the variance. Hudson said the building cannot be treated as a new construction. It cannot be made to size. An existing building, Hudson said, is there and you cannot simply cut off 1/3 of the building. Hudson said what she's been talking about is running and operating the Leighton House. Hudson said with 13 people, the building cannot survive. Public Hearina Closed MOTION: Alexander moved to defer judgment because she said there has been so much additional information rendered on this case that she doesn't feel like she can provide an intelligent opinion after 6 hours. Wright seconded the motion. Shelangouski and Leigh both agreed with the motion. The motion passed: 4:0 Sandra Hudson objected to the Board's deferment, stating that she's been sitting for 5 hours and she understands everyone is tired, but the next Board meeting, December 13th, 2006, is not going to work for her. Alexander reiterated her point about the additional evidence and the fact that they have had no time to review such evidence. Hudson said this is already a delayed meeting. S. Hudson said there she is working under time constraints. Holecek asked Sandra Hudson to come to the microphone. Hudson said there is a situation where her financing will no ionger be in place if she has to wait until the middle of January. Hudson said she needs a decision before the first week of December. Holecek asked if the Board would like to schedule a special meeting. Shelangouski asked if they did hold another meeting, would the applicants be able to hold an appeal during the same meeting, given the Hudsons' time constraints. John Hudson said, "Point of order" and then clarified that they did not say they were going to appeal. Shelangouski said she's not saying it's them or anyone else. John Hudson said all of his other contingencies for purchase-home inspection, appraisal by the bank- have been delayed so they can hear a decision, which has to occur before the closing. Hudson said he's in a bind and he would request a special meeting. Alexander said she's not trying to deiay any1hing but she would like to make a wise decision. Walz mentioned Sandra Hudson's concerns that the Board was reviewing someone else's application and so she said it might be to their advantage if the Board has more time to read over the new evidence. Holecek reminded the Board that they should avoid communications with people for or against this application. Walz said that no one should contact the Board and if they do the Board should just refer them to her (Walz) and submit their comments to her. Bu Wilson asked if she might be able to speak again at the next meeting in opposition of the variance. Holecek said it's up to the Board. Walz said that any substantive new evidence should be submitted ahead of time, for future reference. Alexander said hearing it read out loud is not the same as having time to review it. Other None Board of Adjustment Information None Adjournment The meeting adjourned at 11 :35 pm Shared/pcd/minslboa/2006/11-16-06.doc Board of Adjustment Attendance Record 2006 Term Name Expires 01111 02/08 03/08 04/13 05/1 0 06/14 07/12 08/09 09/13 10/04 11/16 Karen Lei2h 01101107 X X OlE X X X X X X X X Carol Alexander 01101108 X X X X X X X X X OlE X Michael Wri2ht 01/01109 X X X X X X X OlE X X X Ned Wood 01101/10 X X X X X X OlE X X X X M. Shelan20uski 01/01/11 X X X X X OlE X X X X X I Key: X = Present o = Absent OlE = Absent/Excused NM = No Meeting n:r1 MINUTES IOWA CITY BOARD OF ADJUSTMENT SPECIAL MEETING NOVEMBER 27,2006 MEETING ROOM A - IOWA CITY PUBLIC LIBRARY APPROVED CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:00 pm MEMBERS PRESENT: Karen Leigh, Michelle Shelangouski, Michael Wright, Carol Alexander MEMBERS ABSENT: Ned Wood was absent due to a "conflict of interest". STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: RECOMMENDATION TO COUNCIL (become effective onlv after seoarate Council action): None VARIANCE V AR06-00001 Consideration of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street. MOTION: Carol Alexander moved that VAR06-00001, consideration of an application from John and Sandra Hudson for a variance from the zoning requirements to allow up to twenty (20) residents for a rooming house located in the Neighborhood Stabilization Residential (RNS-12) zone at 932 E. College Street, be denied. Wright seconded the motion. Shelangouski said that she wasn't sure why the occupancy was established at 13 back during the 1997 variance. Walz said that this number was based on lot size and square footage. Shelangouski said that she didn't understand why the variance was tied to the business plan. Holecek said that the 1997 variance was granted to LLC because of the conditions that they had listed in their business plan. Because the conditions strictly belonged to LLC, Holecek said, and because the variance was granted based on the conditions, the variance was tied to the LLC business plan. Shelangouski said she has concerns. She said that she is concerned about the parking, or lack thereof. She said that hardship may be experienced by the present owner, but hardship may not necessarily carry over to the future owner. Alexander said that people on both sides of this issues were good people, however a variance must have high standards and if a variance is going to be granted, all of the conditions of a variance must be met- no exceptions. Alexander said that obtaining a variance is not supposed to be easy. Alexander stressed that if an applicant fails to meet even one condition, then the variance must be denied. Alexander said that the 1997 variance was a noble experiment and that simply didn't work. Alexander said that she is sure of the quality of the current tenants but the UI Track team is not buying the house. Alexander said that there are no guarantees that men like the current tenants will always occupy the house. The entire Board agreed with this statement. ^^'~_._----~~-----~----_.._----------"._._-~~_.__._~-._------_._-----'--_.._----~-'-.._.__.,. Iowa City Board of Adjustment November 27, 2006 Page 2 Wright said that the variance has high standards and he listed the conditions of the variance. 1.) Not contrary to the Public Interest The proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. 2.) Unnecessary Hardship The property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located. The owners situation is unique or peculiar to the property in question The hardship is not of the landowner's or applicants own making or that of a predecessor in title. Wright said that the applicants' request does not meet the first requirement. Wright said this is a large building on a small lot and cannot possibly accommodate more than the two off-street parking spaces it now has. He said that parking would be a serious issue if the variance was granted. Wright said that there an intentional community was no different from any other rooming use. Wright restated what Alexander had said about the tenants being exemplary but there are no guarantees that the tenants will always be like this. Wright aiso said that although the tenants have 6 cars right now, there are no guarantees that a potential 20 tenants will always only have 6 cars. Wright said that he believes the parking issue has not been adequately addressed. Wright said that the variance would be contrary to the Comprehensive Plan and the intent of the 2000 down-zoning. Wright then said that this variance will also go against the second requirement for granting a variance. Wright said that it is difficult to calculate but whether or not denying the variance will reduce the property value depends upon the business plan and "folks" involved. Reasonable return in this case was tied to the purchase price. Wright said he did not believe that lirnit on roomers removed all potential for the property. Wright said he doesn't believe the owners' situation is unique. Wright said that the hardships in question are a direct result of unwise choices made in the past. Wright said he will vote to deny the request. Alexander said that while there may be some financial hardship, she couldn't get passed the public interest concerns. Alexander agreed with Wright and said she has concerns about over-crowding, including parking. Alexander said granting a variance that creates a business advantage is very risky. Alexander said that down-zoning happened for a reason in the area and therefore she will also vote to deny the request. Shelangouski agreed with both Wright and Alexander. She would vote to deny the request. Leigh also agreed with the Board and also indicated that she would vote to deny the request. The motion is approved: 4:0 OTHER Wright "moved to congratulate" Leigh on a job well done and said that this is her last Board of Adjustment meeting as chairperson. Wright thanked Leigh for all of her time and expertise. Shelangouski and Alexander both seconded the motion. BOARD OF ADJUSTMENT INFORMATION None ADJOURNMENT The meeting Adjourned at 5:30 pm slpcd/minutes/BON11-27-06.doc ! Board of Adjustment , Attendance Record I I 2006 I I I I Term Name Expires 01/11 02/08 03/08 04/13 05/10 06/14 07/12 08/09 09/13 10/04 11/16 11/27 Karen Lei2h 01/01/07 X X OlE X X X X X X X X X Carol Alexander 01/01/08 X X X X X X X X X OlE X X I Michael Wri2ht 01/01/09 X X X X X X X OlE X X X X Ned Wood 01/01/10 X X X X X X OlE X X X OlE OlE I M. Shelan20uski 01/01/11 X X X X X OlE X X X X X X I Key: X = Present o = Absent OlE = Absent/Excused NM = No Meeting I I I , I I I i i I I I CALL TO OROER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: POLICE CITIZENS REVIEW BOARD MINUTES - December 5, 2006 FINAUAPPROVED r;r] Chair Michael Larson called the meeting to order at 5:32 p.m. Candy Barnhill, Elizabeth Engel, Greg Roth Loren Horton Staff Kellie Tuttle Legal Counsel Catherine Pugh Capt. Tom Widmer of the ICPO RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION Motion by Barnhill and seconded by Engel to adopt the consent calendar as presented or amended. . Minutes of the meeting on 11/14/06 . ICPO Use of Force Report - October 2006 . ICPO Department Memo 06-63 Motion carried, 4/0, Horton absent. Citv Code Section 8-8-6(E) / Policv & Procedure for extension reauests - Barnhill requested a change in the wording in section 8-8-6(E) from "The Board mav grant extensions from this deadline for good cause shown." to "The Board will grant extensions from this deadline for good cause shown." There was also discussion regarding changing "for good cause shown". The Board decided to table the discussion to the next meeting until legal counsel was available. Motion by Barnhill, seconded by Roth to move Item 9 - Meeting Schedule after Item 7 - Staff Information due to Larson leaving the meeting. None. Barnhill asked Captain Widmer if there is a report to formally track when an in-car recording device should have been manually turned on and wasn't. Widrner stated that there is no formal report, but the language had just been recently changed frorn a permissive to a thou-shalt directive as far as turning on the recording devices. A spare recording device had been ordered so that if there is one that is inoperable, it can be switched out with the spare. PCRB December 5, 2006 Page 2 BOARD INFORMATION STAFF INFORMATION Barnhill asked Widmer if there was a general order regarding when a police narrative should be filled out. Widmer stated there was and that he would get her a copy. (SER01.1 - General Order #90-02 - Report Review) Barnhill also asked if there is an incident, is each officer that comes in contact required to fill out a narrative? Widmer explained that there is generally a primary officer that takes responsibility for the call. Widmer also stated that some officers are also very good about any time they are involved in an incident they will do a report just to cover their area of activity. For a Use of Force Review, if there is anything above a handcuffing, each officer is required to fill out a report. There is no directive that requires an officer to fill out a narrative if they are involved in an incident. Barnhill also asked if General Order #99-12 "Field Interviews & Pat Down Searches" was still in effect and that field information cards are still filled out. Some officers still use the field interview cards, but there is no directive that says it's required. It's a good investigation technique. Many of the officers have gone to using the blotter entries on the incident numbers as their field interview cards. Barnhill asked if there was a filed interview card for a PCRB complaint, would the investigating administrative officer include that in the documentation. Widmer replied that when an investigation is done, all information is gathered on the incident and compared. Barnhill thanked Widmer for speaking to the Chief regarding the terminology for persons with an indeterminate mental status. She also stated that it reflects the department's professionalism and desire to always to top-notch. Larson informed the Board that he met with the Chief to introduce himself and received a copy of the annual report from 2005, which is also available on the City website. None. MEETING SCHEDULE . December 18, 2006, 5:30 P.M., Emma J. Harvat Hall . December 19, 2006, 5:30 P.M., Lobby Conference Room (Rescheduled to 1Sth). . January 9,2007,5:30 P.M., Lobby Conference Room . February 13, 2007, 5:30 P.M., Lobby Conference Room EXECUTIVE SESSION Motion by Engel and seconded by Barnhill to add a December 19 meeting at 5:30. Motion carried, 4/0, Horton absent. Motion by Barnhill and seconded by Roth 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 -,---~._---,._----------------~--~._----_._._-'---_._- PCRB December 5. 2006 Page 3 REGULAR SESSION ADJOURNMENT from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried. 4/0, Horton absent. Open session adjourned at 6:11 P.M. (Larson left the meeting due to a conflict of interest.) Returned to open session at 6:35 P.M. Motion for adjournment by Barnhill and seconded by Roth. Motion carried, 3/0, Horton and Larson absent. Meeting adjourned at 6:36 P.M. 'Due to a scheduling conflict. a telephone poll was taken and the meeting was rescheduled to Monday. December 1Sth. ~~O~ II II II II II ~~Q>>~'" Q 0"0" !""to. ~ rI.I v.l ~ :.,:! ;:;li t"D t"D rD ",,"=== ~~e:.pot.""" ('tl -. t'!'j '" = .. .. "" " 0" = " '" .., " "'" ~ ~ t"~ C'l :rlt" t"lt"l o:l('l .. ~. ., '" '" == :: .. .. ., " " ., ., .. N ., '" Z '" ". .. ~" " .. '" Co '" .. ~ '" '" -". 5'-< ~ '" ~ '" " ~ ~ ". t"l ". ~ '" '" '" '" t"l"" ~ ~ ~ ~ ~t"l - - - - - 2; ~ 2; 2; ~ 0 0 . ~ '" '" 00 00 -.J ... ~ ~ ~ ~ ~ ~ ... '" 0 0 ... ~ ~ ~ ~ ii'J ii'J ... ... '" ~ ~ ~ ~ ~ ~ ... ... ~ z ~ z ~ ... ~ ~ ~ - - ~ ~ ~ ~ ~ '" ;c '" ~ ~ ~ ~ ~ ~ ... ... 0 -.J ~ ~ ~ ~ ~ ii'J ... --- ... ~ " " 00 .... ~ ~ ~ ~ ~ Qo ~. 1:::1 ~ DO ~ ~ ~ ~ ~ .... ... !!- ... z z z z z - '" ~ ~ ~ ~ ~ ~ ... '" 0 ... ~ ~ ~ ~ t: ii'J ... ... 0 - ~ ~ ~ ~ ... ii'J ~ '" - ~ 0 ~ ~ ~ ~ - 00 ~ o t"' .... >~ ..,t"l ..,~ t"l.... ~~::! t"lI:::lN >~~ ::O~r.n ~t"l~ ~~;$ ~t"l o~ ~= o > ~ IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL MONDAY, OCTOBER 23,2006--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE P ARKlNG FACILITY rn:o MEMBERS PRESENT: Saul Mekies, Nicholas Parker, Margaret Wieting MEMBERS ABSENT: John Weatherson, Gary Hagen STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy OTHERS PRESENT: Beth Fisher, Kevin Hoyland, Josh Goding, Susan Rogusky, Craig O'Brien, Lee Grassley RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Grassley reported that the problem with the Internet service getting Yahoo! was not with Mediacom and the problem has been resolved. Mediacom has reached an agreement with ESPNU that allows them to place the channel on the digital sports package, which costs $3.95 per month. Mediacom was informed by Sinclair broadcasting that unless an agreement for payment can be reached by December 1 that they will pull KGAN from Mediacom's channel lineup. Mediacom filed for an injunction that would allow carriage of KG AN while negotiations continue. Mediacom is concerned that paying Sinclair for over-the-air broadcasts would set a bad precedent. Sinclair also wants Mediacom to carry several new channels as part of the retransmission consent agreement. Mediacom's lawsuit was based on anti-trust issues stemming from tying carriage of new channels with retransmission consent agreements. Parker said Mediacom customer service representatives are able to determine if there is an outage in any of their systems and suggested that Mediacom incorporate a web presence to provide information on the status of the Internet service to subscribers. That would be helpful in situations like the Yahoo! problem. Mekies said that many subscribers reconfigured their computers and spent time and effort trying to fix the problem at their end when a simple message on Mediacom's web site could have saved them the effort. Instructions on how to reset cable modems on Mediacom's web site would also have been helpful to subscribers and Mediacom. PATV will host a screening of American Blackout Oct. 29, 3 p.m., library meeting room A. It will be preceded at 2 p.m. by a presentation by Doug Jones, University ofIowa professor, entitled "Who's Minding the Vote". Wed. Oct 25, 6 p.m. a studio production class will be held. Nov. 5 at 12 a guidelines class will be held. The Board will meet Nov. 16th at 6 p.m. PATV's annual membership meeting will be Nov. 16th at 7 p.m. In addition to electing new board members an awards ceremony will be held. SCTV's temporary employee has been selected to present at the National Council on Aging national conference on SCTV's online offerings and SCTV in general. Grassley said the Video Voter Proj ect produced by the City Cable TV Division will be submitted to the National Cable Television Association for an award. APPROVAL OF MINUTES Hagen moved and Parker seconded a motion to approve the corrected September 25, 2006 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS ~_._---_."--,~_...'--~-- ._--_._---~~---_..,.~----_..._--~----------_.~"'._._'-..--.,---.--.------------------.--.----.-..- Mekies noted the memos from the City Attorney's Office regarding open meeting laws and email and said they serve as a good reference. Mekies also noted the article in the meeting packet regarding the retransmission consent dispute between Mediacom and Sinclair, which owns KGAN and an article about legislation in California resulting in the loss of local control over cable TV matters. Mekies noted that as anticipated the number of complaints was down. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and noted that complaints were down considerably. Several subscribers requested that Mediacom carry ESPNU and that Mediacom has added it to the digital tier for an additional fee. All complaints that could be resolved have been. MEDIACOM REPORT Grassley reported that the problem with the Internet service getting Yahoo! was not with Mediacom and the problem has been resolved. Mediacom has reached an agreement with ESPNU that allows them to place the channel on the digital sports package, which costs $3.95 per month. Mediacom was informed by Sinclair broadcasting that unless an agreement for payment can be reached by December I that they will pull KGAN from Mediacom's channel lineup. Mediacom filed for an injunction that would allow carriage of KG AN while negotiations continue. Mediacom is concerned that paying Sinclair for over-the-air broadcasts would set a bad precedent. Sinclair also wants Mediacom to carry several new channels as part ofthe retransmission consent agreement. Mediacom's lawsuit was based on anti-trust issues stemming from Sinclair tying carriage of new channels with retransmission consent agreements. Parker said Mediacom customer service representatives are able to determine if there is an outage in any of their systems and suggested that Mediacom incorporate a web presence to provide information on the status of the Internet service to subscribers. That would be helpful in situations like the Yahoo! problem. Mekies said that many subscribers reconfigured their computers and spent time and effort trying to fix the problem at their end when a simple message on Mediacom's web site or phone message system could have saved them the effort. Instructions on how to reset cable modems on Mediacom's web site would also have been helpful to subscribers and Mediacom. Mediacom could have called the City with information ofthe problem and that information could have been provided to the community. Mekies suggested that Mediacom take a look at MidAmerican Energy's web site as an example of how to make a web site consumer-friendly. In regards to the Sinclair situation Grassley said that Sinclair asked for $40 million dollars from a 700,000 subscriber system on the east coast. Grassley said that the channel line-up should be added to Mediacom's web site in the near future. UNIVERSITY OF IOWA REPORT Shaffer said that Michael McBride informed him that he would be unable to attend the meeting. PATV REPORT Goding reported PATV has a new email address: contactCal,patv.tv. 18Cal,icia.com is Goding's personal email. PATV staff is producing a number of videos from footage shot at the energy expo. The first program, Iowa Mayors Conference on Green Issues will be cablecast in early November. P ATV staff will be making PSAs for Iowa Shares and Habitat for Humanity. PATV will host a screening of American Blackout Oct. 29, 3 p.m., library meeting room A. It will be preceded at 2 p.m. by a presentation by Doug Jones, University of Iowa professor, entitled "Who's Minding the Vote". Wed. Oct 25, 6 p.m. a studio production class will be held. Nov. 5 at 12 a guidelines class will be held. The Board will meet Nov. 16th at 6 p.m. P A TV's annual membership meeting will be Nov. 16th at 7 p.m. In addition to electing new board members an awards ceremony will be held. SENIOR CENTER REPORT Rogusky distributed the SCTV quarterly report. SCTV's web site has been totally reworked and streams videos produced by SCTV. SCTV's temporary employee has been selected to present at the National Council on Aging national conference on SCTV's online offerings and SCTV in general. KIRKWOOD COMMUNITY COLLEGE Shaffer said O'Brien was unable to attend but forwarded Kirkwood's quarterly report, which Shaffer distributed. Parker said that Kirkwood is improving by leaps and bounds. IOWA CITY COMMUNITY SCHOOLS Shaffer said that he received an email from Hoyland that he would be unable to attend. Hoyland informed Shaffer that five people have been interviewed for the newly created web/television position. A decision will be made next week. Mekies said that the school district has many activities that could be taped and placed on the channel. LIBRARY REPORT Fisher noted the library quarterly report in the meeting packet. October had been a very busy month. In November the last two International MondaY'programs will be held. The last International Writers Program for the year will also be held on November 3' . Last week the first in a series of the Community Reading Book Talk Lunches was held. The new digital server has not yet arrived. Some of the cameras and sound equipment in meeting room A is in the process of being repaired. CITY MEDIA UNIT REPORT Hardy reported that the Media Unit and the Community Television Service have been quite busy. The City Channel has been cablecasting ten programs relating to the election. Four of those are the Video Voter Meet the Candidate programs. Channel 5 will again provide instantaneous Johnson County election returns on Nov. 7. 27 programs are on the books that have been shot and are awaiting editing or will be shot by Nov. 9. The Community Television Service has shot 21 programs in the last month. The new cablecast system continues to work well and minor adjustments are being made. Among the programs shot are a series on home ownership put on by the Iowa City Association of Realtors and the Iowa City Housing Authority, a program sponsored by the Community Health Center on parenting skills, a program on childhood obesity sponsored by the Neighborhood Centers, a program on the economic benefits of historic preservation, and fundraiser sponsored by the Iowa United Nations Association to expand awareness of the globallandmines. CABLE ADMINISTRATOR REPORT Shaffer reported Commissioner John Weatherson has resigned due to work demands. Parker thanked Weatherson for his service and said that he was an asset to the Commission and hopes that someone can be found of his abilities. Shaffer distributed the Community Television Service quarterly report. Shaffer noted the agenda for the retreat in the meeting packet. Shaffer said the two letters in the meeting packet, one to the School Board and one to the City Council have been sent. MEDIACOM TOUR This item was deferred to the Commission retreat. LEGISLATIVE. FCC. AND LEGAL UPDATE This item was deferred to the Commission retreat. VIDEO VOTER PROJECT Shaffer thanked Mediacom for their assistance and participation. Mediacom played the video statements from Loebsack and Leach statewide because they thought the rest of the state might benefit from seeing the character, content, and method of the presentation. Grassley said the Video Voter Project will be submitted to the National Cable Television Association for an award. COMMISSION RETREAT Mekies said the retreat agenda is set. Shaffer said food will be provided. EMERGENCY ALERT SYSTEM Shaffer reported he has been talking with Jon Koebrick from Mediacom about the emergency alert system. It has been determined that no plan needs to be submitted to the state and now it is a matter of coordination between the police department and Mediacom. Parker thanked Mediacom for providing the service. ADJOURNMENT Parker moved and Wieting seconded a motion to adjourn. The motion passed unanimously. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terrv Smith Jim Pusack Date Thrower 6/2/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x ole 9/22/03 x x x x ole 10/27/03 x x x x ole 11/24/03 x x ole x x 12/15/03 ole ole x x x 112/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 41 26/04 x x x x OIC 5/24/04 x x OIC x x 6/28/04 x x x ole x 7/26/04 ole x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X X X X X 12/20/04 1124105 X X X X X 2/28/05 X X X X Garv Ha"en 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X 0 x vaeanev X James X K Bebe x Ehrmann Balantvne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26105 0 X X 0 X 10/31/05 X X ole X X 11/28/05 X X X X X 1123106 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John X Weaterson _________________.~___._.___________._.___'__.__.______.__..,..__..__,__.___~_~_._._,__._.~___'___M_""_'___.______.~._ X 4/24/06 X X X X X 5/22/06 0 x x/o 0 x 6/26/06 0 X Vacant 0 X Nick Parker 7/24/06 x x x X 8/24/06 X x M. Wietinp" olc X 9/25/06 x x x Ole X 10/23/06 x X x olc X 10/30106 x x x vacant X 11/27/09 x x x x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) r=o IOWA CITY TELECOMMUNICA nONS COMMISSION FINAL MONDAY, OCTOBER 30, 2006---4:00 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Gary Hagen, Saul Mekies, Nicholas Parker, Margaret Wieting MEMBERS ABSENT: John Weatherson STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy, Jerry Nixon, Ty Coleman, Mike Brau, Kevin Crawley OTHERS PRESENT: Kara Logsden CABLE TV DIVISION BUDGET Shaffer distributed a number of documents relating to the City Cable TV budget. Shaffer said the Division is projecting about $648,000 of revenue this fiscal year. The budget is for $700,000 and is the first deficit budget for the Division. $52,000 will go to the library for their cable TV activities, $9,000 to the Senior Center for janitorial services, $17,500 to the Community Television Group, $100,000 to the City's general fund. The pass-through fund generates $127,000 in revenue and the Community Television Service budget is $117,000. PATV receives a check from the cable company for $198,000 annually. The cable TV reserve fund contains $727,000 and equipment reserve fund is $47,000. The reserve fund is for a number of purposes. Reserve funds paid for P ATV's building purchase and for the purchase of the Cable Division's of the Tower Place office. The fund is used for special projects such as subscriber surveys. The reserve fund is also used for lobbyist and any lawsuits that may negatively impact the City. The reserve fund is about one year's budget. In the event the circumstances arise in which no revenue was coming in, the fund could cover expenses until other accommodations for the staff and operations could be made. Wieting said having a reserve fund is good management and asked if the fund is based on a percent ofthe budget or if it just accumulates. Shaffer said the fund accumulates. The budget is typically set at 98-99% of anticipated revenues and the remainder put in the reserve fund. Hagen asked about the revenue for the Community Television Service. Shaffer said the CTS is funded by the $0.55 local programming fee on each subscriber's monthly bill. That fund pays for the CTS and the Avatar Project. Current61y there is not enough revenuye to hire a staff person to run the Avatar Project. The CTG grants had been funded by that fund but have been moved to the Cable Division budget as the local programming fee did not generate enough revenue to fully fund those grants. Parker asked if the federal legislation will be acted on this session. Shaffer said it appears it will not be acted on before the end ofthe session but will likely come up next year. Qwest intends to introduce a statewide franchising bill in the Iowa General Assembly in January. It is unclear if the local programming fund might be affected by the legislation and if existing franchises would be grandfathered in. About half of the expenses in the budget are personnel-related. Temporary employees range in number from 5 to 15 and have a limit on the number of hours they can work per week depending on whether they students. Union rules require a maximum of 19 hours if they are students and 9 if they are not. Shaffer referred to a memo distributed regarding adding local programming origination points downtown, as negotiated in the franchise. The first site will be by the fountain in the Ped Mall. The expense will be split with Mediacom. Shaffer referred to the equipment purchase plan. Helling said that given the uncertain legislative situation and that the budget has been tight for years which has not permitted purchasing of some of the longer term equipment needs, it was decided to invest in more equipment this fiscal year. Shaffer distributed charts demonstrating revenue over the past ten years. Revenue hit a high point in 2002 and declined since then. It is not anticipated that revenue will grow. Shaffer referred to a chart showing the percent cut in different departments budgets during the 2004 budget cuts. CTG. GOVERNMENT SERVICES. THE AVATAR PROJECT. ACCESS CHANNELS Hardy said that the Community Television Group(CTG) is made up of the PATV, the City Channel, the Iowa City Schools channel, the library, and the Senior Center and serves as a forum for mutual support and communication. It also serves as the first step in the allocation of the $17,500 in local programming funds used to enhance the programming on the local access channels. The funds can be used for equipment purchases, promotion, and program production. It is not generally designated for operational expenses. An exception was made 2 years ago to fund a part-time employee for the Senior Center when they were in danger offolding due to budget cuts. The CTG has provided $10,000 for that position over the last two years. The process for allocation ofthe funds is based on proposals from each member, which are reviewed, discussed and rank-ordered by the group. The results are forwarded to the Telecommunications Commission for approval. Nixon presented an overview of the scope and character of the Media Unit. The Media Unit's primary mission is to provide citizens information about the city government's activities. Additionally, programs of general interest to the community are produced. Programs produced include the City Council meetings, programs for the Planning and Community Development Department, fire safety programs for the fire department, the Community Development Block Grants award, human rights, city workshops, and public service announcements. Programs of general interest such as the candidate forums are also produced. The Media Unit has worked with virtually every department in the City and provides a range of service beyond video such as photographic services, audio-visual set up and advice. Outside sources of programs such as the as Coralville City Council meetings, the Board of Supervisors meetings, and the North Liberty City Council meetings are all prepared for cablecast. Hardy said that the Avatar Project has been on hold since the employee producing the program left and the budget cuts made making a commitment to a replacement problematic. The purpose of the Avatar Project is to provide the community with an on-going media location where community issues can be examined and discussed. The program strives to provide background and context to the issues by bringing in experts to speak. The program also has a goal of providing a forum for mediated discussion by the public of the program topics. In the process of reviewing the program there are opportunities for a community dialog. The format will shift to incorporate other technologies like blogs and streaming video. Hardy distributed a copy of the activity worksheet the Division uses to track programs and a listing of two days of programming on channel 4. A particular day will emphasize either government programming or community programming. Hardy said there are several sources of programming for channel 4 including the Community Television Service, local imported programming such as the North Liberty City Council meetings, and outside sources that have programming of interest to Iowa City such as Army News. The channel's programming objective is more similar to a public information outlet than a traditional television station. The goal is not to maximize viewership to gain advertising dollars, but to provide information citizens need. As a result programs are played with more repetitions at various times of the day. Hardy said that with the exception of a few programs such as the city council meetings or the senior center programs do not necessarily start on the half hour but run end to end. This allows more programming to get on the channel. Viewers typically will tune in while searching for programming, stay a while and move on. New programs receive heavy playback the first month, less the second and then is moved into an "available" category in which it will receive playback if the material is still relevant. The program schedule is distributed in the press citizen, the electronic program guides on the cable system and on the citychannel4.com website. ACCESS CHANNELS IN CONTEXT Shaffer said he wanted to provide some background information on the access channels. Shaffer distributed a chart showing the history of communications technologies from the invention of paper to the present day. Significant events for local cable access include the development of mobile video cameras in 1967 and the mandating of local access channels by the FCC in 1972. In 1975 a national organization oflocal access organizations was formed. Shaffer distributed an excerpt of a document entitled "The Origins of Public Access". The writers provided comments from thinkers who pointed to the democratic and social forces that would flow from a major change in communications and communications technologies that local access channels could provide. Shaffer noted the influence of Marshall McLuhen and Harold Innes in mass communications theory and particularly how technology interacts with other modes of communication. Shaffer distributed a chart showing corporate ownership of major media which demonstrated that six corporations own virtually all the communications outlets, books, television, movies, newspapers, etc. in the United States. Shaffer distributed a list of some ofthe access organizations in Iowa and noted there are about 22. Mediacom has informed Shaffer there are about 150 access channels in Iowa. It is unknown the degree of programming on most of them. The Alliance for Community Media, which represents access channels nationwide has about 1000 members. The National Association of Telecommunications Officers and Advisors (NATOA), which represents government access channels also has about 1000 members. Shaffer distributed a chart demonstrating viewership levels of the Iowa City access channels according to two polls done in 2000 and 2004. These surveys compare access channel viewership to those of various cable networks. The data shows that the weekly exposure of City Channel 4 is higher than Spike, FX, MTV, Discovery, and CNN. Parker asked what is being measured. Brau said that the figures are a cumulative weekly media exposure, a common advertising metric that asks how often a viewer has viewed a particular channel in the last week. The metrics are the same but come from different sources. Parker pointed out that what is measured is not the amount of programming watched but the incidence of a channel being watched. Shaffer distributed a list of public access centers from around the country, which showed operating budgets, size of the community and other information. The center in Grand Rapids, Michigan is often cited as an example of an ideal community access center. Shaffer distributed a chart showing the extent of their activities which includes cable TV, Internet stations, studios, digital editing suites, mobile production vans, and an Institutional network to museums and libraries. There are also two cable access channels, a remote media lab, a community radio station, and a satellite with uplink and downlink capacity. In addition they have purchased a theater, which will be used for live performances. In 1999 their budget was $1.1 million. In a period of 5 years prior to 2001 they went from being 100% dependant on the cable company for funds to being 100% self-sufficient. They were able to get some large grants from local corporations and were very active in doing promotion and fundraising. Shaffer distributed two articles. One claimed that even though there a are number of news channels there is actually very little news. Shaffer said that the surveys the city conducted in 2000 and 2004 showed that the community wantes more local news programs. The other article dealt with the FCC's desire to loosen ownership rules to permit greater concentration in media ownership. The article noted that ownership of Iowa media is largely in the hands of distant owners. PROMOTION AND SPONSORSHIP Shaffer said that initial investigations into the possibility of getting sponsorships from the community for channels 4 and 5 have been undertaken-much like sponsored programs on PBS and WSUI, Shaffer distributed a list of access channels around the county that have underwriting programs. Shaffer distributed a sample of underwriting guidelines from a station in Massachusetts that outlined their procedures. Shaffer has talked to the City Attorney's office which wrote an opinion that an underwriting program could be undertaken given certain rules were followed. Shaffer distributed a copy of the underwriting guidelines that were developed and a list of programming that local organizations may be interested in sponsoring. What would be needed at this point is the staff time necessary to talk to possible sponsors. Shaffer said that given the tenuous political and legal conditions it is not assured that funding for access operations will always be there and the local access providers need to be considering alternatives ways of being funded. Wieting asked if underwriters did come forward and supported the Division, would the City again look to the cable budget as a source ofrevenue. Shaffer said he hopes not, but there are no guarantees. Hagen asked if each channel would develop their own sponsorship program. Shaffer said they might develop separate programs or could work jointly. Hagen said that if a strong program were developed it could mitigate the impact of any legislation that might cause operations to be limited. Wieting said that you would need to show a benefit to sponsors and the viewership numbers presented previously could demonstrate that their message would get to the community. Hagen asked about fundraisers and noted that P A TV has had fundraisers. Hagen asked if much money could be made in this way. Shaffer said PATV's fundraisers usually gross between $300-500. Shaffer distributed a list of the ways the Cable Division promoted programming. Among these are information presented on the channel itself, ads and listings in the Press Citizen and Gazette, the web site, PSA's provided by Mediacom, paid digital tier program guide listings, paid ads on the scroll on the Weather Channel, news releases, appearances on local radio talk shows, a brochure, signs on the city buses. Water bill inserts are also being considered. COMMUNICATING WITH CITY COUNCIL Helling distributed a list of ways the Commission might better communicate with the City Council based on his experience with elected officials telling him what they need to know to make decisions. Helling said it is important not to conclude that you're not communicating well with elected officials just because you haven't achieved the results you desire. One on one conversations and meetings with individual members are a possibility. More formal memos and emails are certainly a possibility as are letters from the Commission to the Council. Direct communication during the public time at a Council meeting is also available. There is a period in January when the Council sets aside time for each Commission to address the Council regarding budget issues. In communicating effectively with elected officials it is important to understand that there are conflicting demands and priorities they are forced to deal with. It's best not to focus on too may different issues that aren't related in a single communication. Also, rather than general statements it is best to deal with specific instances or situations. When framing the issue don't assume elected officials are well informed about an issue. It's common to assume they know more about an issue than they actually do. It is important to provide enough detail so they can adequately understand the issue, but also be concise and logical. Be sure to tell them specifically what result you wish or what you want them to do. Listen carefully to the feedback they provide. Helling said the Commission has done a good job communicating with the City Council. NEW TECHNOLOGIES Crawley gave a demonstration ofInfoVision. Crawley said that InfoVision went on the air in 1986. All the content was developed by the staff. Last year a significant update was introduced, called Info Vision X, which uses a Macintosh computer and interfaces with the playback system of channel 4. InfoVision X allows the incorporation of the World Wide Web content directly. Crawley gave a demonstration of how a user operates the system. One feature allows callers to choose the Internet radio stations that provides background audio. Another new feature is the incorporation of streaming video of selected portions of video programming such as the City Council meetings or the Video Voter Project. Coleman distributed a handout with a summary of the Community Television Service. Coleman provided some comments from some of the CTS clients reflecting their appreciation and utility of the service. Coleman said the CTS was created as a result of information gathered during the refranchising process in 1996 that showed non- profits desired to make use of local cable programming but lack staff and time to make use of PATV. The CTS provides free video and media production services to nonprofit organizations in the area. The CTS tapes a large number of events, meetings, forums, and panel discussions for clients to help them get their message out. The CTS also produces what are called project videos, which are more complicated and time consuming. Public Service Announcements, studio shoots, and informational programs are typical of these programs. Coleman showed some excerpts of programs. Additionally, promotional video screens to run between programs are created. CTS programs are played back on all ofthe local access channels. Some of the project videos are used by the clients as a marketing tool to raise funds or for training purposes. Sometimes the PSAs are distributed by the clients to other broadcast and cable outlets for playback. One PSA is being used in the movie theaters. Hagen asked about funding. Shaffer said the pass-though fund pays for the CTS. The Cable division provides additional support. Mekies asked ifthere was more funding available how the CTS might enhance services. Coleman said that he would like to offer more ofthe shorter, more intensive project videos. Crawley noted that there is a convergence taking place between what is going on to your TV and what is available by computer. As an example, two years ago you could buy a DVD of the program Lost after the end of the first season. Last year you could download each episode from iTunes immediately after an episode was finished. This year you can go to the CBS website and watch the program there. Younger people are spending more time on UTube than watching cable TV. They are much more interested in finding programming on their computer that they can watch when they want to watch it. One challenge for the division is to make more programming available on the web. There are limitations on the amount of programming that can be made available due to bandwidth limitations. The cost of bandwidth is going down. For about $6,000 per year the division could purchase enough bandwidth to stream the City Council meetings live and have 500 hours of programs stored on their server. PBS demonstrates how the web can provide support materials for video programs. For instance, additional background information on the program topic such as round-table discussions and other content is available on the web. The first step to making that kind of material available is underway for City Channel 4 with efforts to create an enhanced web-based program schedule. For example, a program on the Iowa City Foreign Relations Council would have a link to their web page, documents from the event, contact information, and information about the speaker. Mekies said that these types of programs serve as good justification to try and get funding back from the general fund by stressing the need for investment to stay abreast of the times. CONSUMER ISSUES Shaffer distributed a chart showing the rates charged in various communities around Iowa that showed that Iowa City is about in the middle. A second chart showed the rates for the past 10 years. Shaffer noted that the basic tier rates have increased at a slower rate than the expanded basic tier and that in the past few years has been relatively stable. This is due to the fact that the City regulates basic tier rates. Shaffer said that the contact information for him which is listed on consumer bills is quite small and the City has requested Mediacom to increase the font size. Mediacom has said that until changes can be made by their billing company that it is very difficult to make such a change. Mekies said that Mediacom could do a much better job with providing community-specific information on their web site and suggested the MidAmerican energy company web site as a good example. Shaffer said that Mediacom's phone response time continues to be a problem area. ADJOURNMENT Parker moved and Wieting seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 7:15 p.m. TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terrv Smith Jim Pusack Date Thrower 6/2/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x ole 9/22/03 x x x x ole 1 0/27/03 x x x x ole 11/24/03 x x ole x x 12/15/03 ole ole x x x 1 12/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 4/ 26/04 x x x x OIC 5/24/04 x x O/c x x 6/28/04 x x x ole x 7/26/04 ole x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X X X X X 12/20/04 1/24105 X X X X X 2/28/05 X X X X Garv Hal!en 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X 0 x vaeanev X James X " Bebe x Ehrmann Balantvne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X ole X X 11/28/05 X X X X X 1/23/06 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John X Weaterson X 4/24/06 X X X X X 5/22/06 0 x x/o 0 X 6/26/06 0 X Vaeant 0 X Niek Parker 7/24/06 x x x X 8/24/06 X x M. Wieting ole X 9/25/06 x x x Ole X 10/23/06 x X x ole X 10/30106 x x x vaeant X 11/27/09 x x x X 12.18/06 X X X x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) IOWA CITY TELECOMMUNICATIONS COMMISSION FINAL MONDAY, NOVEMBER 27,2006--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY ~ MEMBERS PRESENT: Saul Mekies, Nicholas Parker, Margaret Wieting, Gary Hagen MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy OTHERS PRESENT: Kara Logsden, Kevin Hoyland, Josh Goding, Susan Rogusky, Craig O'Brien, Brett Gordon, Jon Koebrick, Laura Lowe RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Mekies suggested that the wifi hotspots in Iowa City be put on the Citychanne14 website and also added to the City of Iowa City website. Koebrick reported that Mediacom has filed a lawsuit against Sinclair requesting an injunction to keep KGAN on the system while the negotiaions move forward. Negotiations are being held today in the office of an FCC commissioner. Mediacom has also filed a complaint with the FCC that Sinclair has not negotiated in good faith. Mediacom's primary complaint is that Sinclair wants an all or nothing deal in which Mediacom would be forced to carry other stations as part of a retransmission consent agreement rather than as a must-carry station. This was the basis of the anti-trust lawsuit. After the suit was filed Sinclair changed its negotiating position to being willing to discuss retransmission consent payment on a per channel basis. The FCC is taking public comment on the issue. Mediacom has offered to compensate Sinclair for KGAN at the same rate as the other higher-rated broadcasters in the market but Sinclair has refused. Mediacom offered terms matching the most favorable to broadcasters in any of their 40 retransmission consent agreements but Sinclair declined. Mediacom offered to agree to terms Sinclair has in contracts with Comcast and Insight. Sinclair declined. Mediacom and Sinclair are far apart in the amount of money Mediacom is willing to pay. If Mediacom were to agree to a monthly cash for carriage agreement it would result in similar terms for the other broadcasters in the next round of retransmission consent agreements, effectively increasing retransmission costs by a factor of four. Koebrick said that there is a small chance that the CBS affiliate in the Quad Cities could be added to the channel line-up, but it would add significant copyright costs, as Mediacom would have to pay copyright costs for a six- month period even if the channel was only on the system for one day. Wieting asked if Mediacom has seen a drop in subscribers due to the Sinclair advertisements and the discount provided consumers who subscribe to a satellite service. Koebrick said there has been some but it has not been significant. Koebrick said both companies are approaching the situation based on principles, which does not lend itself to easy resolution. If Mediacom were to add the Quad Cities CBS affiliate there would be no time limit it could be carried, but most of the programming would be duplicated ifKGAN were on the system and it would add costs and take channel space on the basic tier, which is in short supply. Mekies said that Mediacom could utilize their website to better communicate with the public on this issue as well as other issues. Hoyland introduced Laura Lowe who will be the schools web designer and video production specialist. Lowe said she will start January 2. Hagen said he his glad that school district has hired someone to help the school channel develop to its potential. Shaffer said that he and Brau ---------~-_._----------_.- --,._-----_..__._._---~-,---- attended a meeting in Des Moines with representatives from Des Moines, West Des Moines, Dubuque, Anamosa, Ames, Davenport, and the Iowa League of Cities staff regarding legislation likely to be proposed that would establish a statewide cable TV franchising system. Representatives from Qwest and Mediacom were present. APPROVAL OF MINUTES Hagen moved and Parker seconded a motion to approve the corrected October 23,2006 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Mekies noted that the December meeting is scheduled for Christmas. Parker suggesting moving the meeting up to December 18 and the Commission agreed. Mekies suggested that the wifi hotspots in Iowa City be put on the Citychannel4 website and also added to the City ofIowa City website. Parker thanked Mekies for his work on the Commission retreat. It was very productive and the Commission should consider having one on a yearly basis. Mekies thanked the City Cable TV Division staff for their work on the retreat. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and noted that there were many complaints regarding the SinclairIMediacom contract dispute. All complaints that could be resolved have been. MEDIACOM REPORT Koebrick reported that Mediacom has filed a lawsuit against Sinclair requesting an injunction to keep KGAN on the system while negotiations move forward. Sinclair requested dismissal of the suit, which was denied. Negotiations are being held today in the office of an FCC commissioner. Mediacom has also filed a complaint with the FCC the Sinclair has not negotiated in good faith. Mediacom's primary complaint is that Sinclair wants an all or nothing deal in which Mediacom would be forced to carry other stations as part of a retransmission consent agreement rather than as a must-carry station. This was the basis of the anti-trust lawsuit. After the suit was filed Sinclair changed its negotiating position to being willing to discuss retransmission consent payment on a per channel basis. The FCC is taking public comment on the issue. Mediacom has offered to compensate Sinclair for KGAN at the same rate as the other higher-rated broadcasters in the market but Sinclair has refused. Mediacom offered terms matching the most favorable to broadcasters in any of their 40 retransmission consent agreements but Sinclair declined. Mediacom offered to agree to terms Sinclair has in contracts with Comcast and Insight. Sinclair declined. Mediacom and Sinclair are far apart in the amount of money Mediacom is willing to pay. If Mediacom were to agree to a monthly cash for carriage agreement it would result in similar terms for the other broadcasters in the next round of retransmission consent agreements, effectively increasing retransmission costs by a factor of four. Koebrick said that there is a small chance that the CBS affiliate in the Quad Cities could be added to the channel line-up, but it would add significant copyright costs, as Mediacom would have to pay copyright costs for a six- month period even if the channel was only on the system for one day. Wieting asked if Mediacom has seen a drop in subscribers due to the Sinclair advertisements and the discount provided consumers who subscribe to a satellite service. Koebrick said there has been some but it has not been significant. Koebrick said both companies are approaching the situation based on principles, which does not lend itself to easy resolution. If Mediacom were to add the Quad Cities CBS affiliate there would be no time limit it could be carried, but most of the programming would be duplicated ifKGAN were on the system and it would add costs and take channel space on the basic tier, which is in short supply. Mekies said that Mediacom could utilize their website to better communicate with the public on this issue as well as other issues. UNIVERSITY OF IOWA REPORT No representative was present. PATVREPORT Goding reported PATV will have their next Open Channel program next Wed., Nov. 29 at 8 p.m. On Dec. 2 P A TV will shoot a Native American celebration held at Hancher Auditorium. The next guidelines workshop will be held Sunday from 12 to 2 and a camera workshop will follow at 3. On Dec. 10 a basic editing class will be held and an advanced editing class will be held on Dec. 17. The next board meeting will be Dec. 21. P A TV will be closed between Dec. 22 to Jan. 2. Goding said P A TV is concerned with the possibility of state legislation that would move franchising from municipalities to the state and will be working with the City Cable TV office and the Commission to mobilize citizens. SENIOR CENTER REPORT Rogusky distributed SCTV's program schedule. SCTV volunteers worked with students from the University Intermedia department on a project that involved making a video in seven days. The project was an opportunity for students and seniors to work together on a project and yielded some very interesting videos. KIRKWOOD COMMUNITY COLLEGE O'Brien noted that a written report was included in the meeting packet. Kirkwood has moved all playback to a digital server, which is about 500 hours. Kirkwood student productions will cablecast men's and women's basketball games in January. Arts programming is being taken off a satellite for playback and more PSAs are being used in between programs. IOWA CITY COMMUNITY SCHOOLS Hoyland introduced Laura Lowe who will be the schools web designer and video production specialist. Lowe said she will start January 2. Hagen said he his glad that school district has hired someone to help the school channel develop to its potential. Mekies suggested that Lowe review the letters the Commission has sent to the school board as they summarize the concerns the Commission has had with the school channel. LffiRARY REPORT Logsden said the library is almost ready to move to their new digital server. The library will be changing their programming strategy. All programs will be put in one often categories and a program category will be scheduled for a programming block. This will permit a general program schedule to be publicized that would indicate what program category will play when. There were many programs taped in the fall that are now being edited and prepared for cablecast. North Liberty requested copies of the Community Reading program for cablecasting on the North Liberty channel. CITY MEDIA UNIT REPORT Hardy reported that the Media Unit and the Community Television Service have been catching up from the large number of programs produced around the election season. The new playback system continues to be fine-tuned. The Community Television Service recently shot a program that included posters drawn by children. The posters were made available on Info Vision. This represents a way InfoVision can be used to enhance video programming. The Community Television Service has been taping the Foreign Relations Council events. Upcoming programs include the Historic Preservation Awards and a holiday concert at the Englert Theater. CABLE ADMINISTRATOR REPORT Shaffer said the opening on the Commission will be announced at the next City Council meeting and that people can apply anytime before January 3. Applications are available from the City Clerk and on the City's website. CTG PROPOSAL Logsden referred to the annual funding proposal included in the meeting packet. Hagen asked why the schools did not receive anything. Hoyland said the schools did not submit a proposal. Parker moved and Hagen seconded a motion to approve the CTG proposal. The motion passed unanimously. lOW A LEAGUE OF CITIES MEETING Shaffer said that he and Brau attended a meeting in Des Moines with representatives from Des Moines, West Des Moines, Dubuque, Anamosa, Ames, Davenport, and the Iowa League of Cities staff regarding legislation likely to be proposed that could establish a statewide cable TV franchising system. The group met with representatives from Qwest and Mediacom. The League of Cities group discussed strategy and will be meeting again. Shaffer said his impression is that Qwest's major concern is not having to build out their system so all members of a community could receive service. Support for the legislation crosses party lines. Conference calls with the Alliance for Community Media and the National Association of Telecommunications Officers and Advisors have been held to share information on how the telephone companies are approaching the legislatures in states across the country where such legislation has been introduced. As far as national legislation, John Dingall is the chair of the House Commerce Committee and has not been a supporter of the kind oflegislation promoted by the telephone companies in the last session. The Cable TV Office will continue work on these issues over the coming year. MEDIACOM/SINCLAIR DISPUTE Parker said Koebrick's detailing of their offers to Sinclair were instructive. Hagen said the Commission doesn't have much impact on the issue and needs to be neutral between the two parties. Shaffer said the City sent letters to both Mediacom and Sinclair as well as the FCC stressing the detrimental impact losing a CBS channel would have on the community. Shaffer said Koebrick has agreed to an offer by Shaffer to participate in a cable TV program about the issue. Sinclair has not yet responded to the offer. TOUR OF MEDlACOM FACILITIES It was agreed to discuss dates and times after the start of the new year. RETREAT COMMENTS AND FEEDBACK Hagen said the retreat was very productive and thought it went very well. Hagen said that it may be productive to have retreats 1-2 times a year. ADJOURNMENT Wieting moved and Parker seconded a motion to adjourn. The motion passed unanimously. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICA nONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusaek Date Thrower 6/2/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x o/e 9/22/03 x x x x ole 10/27/03 x x x x ole 11/24/03 x x ole x x 12/15/03 ole ole x x x 1 /2/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 4/ 26/04 x x x x OIC 5/24/04 x x OIC x x 6/28/04 x x x ole x 7/26/04 ole x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X X X X X 12/20/04 1/24/05 X X X X X 2/28/05 X X X X Garv Hal!en 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X 0 x vaeanev X James X K Bebe x Ehrmann Balantvne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X ole X X 11/28/05 X X X X X 1/23/06 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John X Weaterson x 4/24/06 x x x x X 5/22/06 0 x x/o 0 x 6/26/06 0 x Vacant 0 X Nick Parker 7/24/06 x x x X 8/24/06 X x M. Wietin" o/c X 9/25/06 x x x O/c X 10/23/06 x X x o/e X 10/30/06 x x x vacant X 11/27/09 x x x X 12.18/06 X X X x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) ~ APPROVED 4b 11 NOVEMBER 2006 MINUTES SENIOR CENTER COMMISSION NOVEMBER 21, 2006 G08/09 SENIOR CENTER Call to Order: Meeting called to order at 3:30 PM Robert Engel, Dave Gould, Jay Honohan, Betty Kelly, Nancy Wombacher Jo Hensch, Sarah Maiers Linda Kopping Lynn Campbell Members Present: Members Absent: Staff Present: Others Present: RECOMMENDATIONS TO COUNCIL None APPROVAL OF MINUTES Motion: To approve the October minutes with the following corrections: Under Commission Assignments correct the spelling of Bob Engel's name. EngeI/Kelly- Motion carried on a vote of 5-0. PUBLIC DISCUSSION None COMMISSION ASSIGNMENTS Wombacher has agreed to write the summary of to day's meeting for posting on the website. Honohan volunteered to report on this meeting to the Board of Supervisors and the City Council. Engel has agreed to write the web article for the December meeting and to report on that meeting to both the City Council and Board of Supervisors. Gould has agreed to write the web article for the January 2007 meeting and to report on that meeting to the City Council and Board of Supervisors. ADJOURN TO A MEETING OF IOWA CITY SENIOR CENTER FUND, INC. Motion: To adjourn to a meeting of Iowa City Senior Center Fund, Inc. at 3:34 PM. Kelly/Gould-Motion carried on a vote of 5-0. SENIOR CENTER COMMISSION MEETING RECONVENED AT 3:40 PM UPDATES AND DISCUSSION OF THE PENDING PARTNERSHIP AGREEMENT WITH THE UNIVERSITY OF lOW A CENTER ON AGING--Honohan The original grant proposal and budget were distributed and reviewed along with correspondence from the Bernard Osher Foundation that was provided by Julie Bobitt 1 APPROVED NOVEMBER 2006 and distributed in the meeting packet. Several aspects ofthe grant and pending partnership were discussed, including: 1. The allocation ofthe $100,000 grant. The original proposal, asking for $100,000 to establish an Osher Lifelong Learning Institute at the University ofIowa, included approximately $25,000 to establish a new community based fitness program and several class series that were to be organized and implemented by the Center. The proposed fitness program was not approved by Osher and the funding allocated for this (approximately $16,000) was absorbed by the Center on Aging for other aspects of the Osher programming. Kopping's request to have the funding reallocated to cover salary expenses for Center staff working on Osher program development were reviewed and denied by the Center on Aging. At this point, any revenue gained by the Center as a result of this agreement will come from a possible increase in Center memberships and 50% of all participant fees for the eight class series that are to be organized and implemented by the Center for the Osher program. Moreover, because the eight class series are essentially the same type of programming currently offered at the Center, there will be no enhancement to current programming offered at the Center. Commissioners expressed concerns related to the allocation of the $100,000 grant, the operational expenses the Center will need to absorb when developing Osher programming and the minimal financial and programming return for this investment. At this time there appears to be little or no benefit to the Center's participation in the Osher program. 2. A lack of a long-term commitment on the part of the Center on Aging to the Center's partnership in the Osher program is unsettling. It is conceivable that the Center could help establish a successful program that will ultimately duplicate and then compete with Senior Center offerings. 3. Despite being identified as a partner, the Center is not represented on the Osher Steering Committee or any other planning committee associated with the program. The Senior Center has not been informed of any of the discussions that have taken place or decisions that have been made. 4. Restrictions the Center on Aging wants to impose on the Center's program planning appear to disregard the Center's success over the past 25 years in program planning and development. 5. The start date for the Center's role in the Osher program was November 1, 2006. The Center on Aging has had a draft partnership agreement developed by the Center for two months and no further action has been taken. A response to this situation that would be in the best interest of the Center was discussed. Motion: To send a letter to Julie Bobitt, Lori Benz and Dr. Wallace at the University of Iowa Center on Aging indicating that unless a satisfactory agreement is developed and approved by both the Senior Center and the Center on Aging by December 15, 2006, the Senior Center will withdraw from the Osher partnership and forward notice of our withdrawal to the Bernard Osher Foundation. Wombacher/Engel- Motion carried on a vote of 5-0. 2 APPROVED NOVEMBER 2006 STATNDING COMMITTEE STATUS REPORT Promotion Committee-Wombacher The first welcome event for newcomers took place in early November and was well received by everyone who attended. Committee members felt the program was a great icebreaker and a good mechanism for introducing people to the Center. They plan to continue hosting these events and have another meeting scheduled for Tuesday, December 4. Gould gave a brief overview of a project he is working on that will involve University of Iowa students and senior citizens. He has discussed a partnership with the Features Editor of the Iowa City Press Citizen and envisions the Center's participation in the planning, implementation and hosting ofthe project and event. Community Relations and Outreach Committee-Wombacher A second planning meeting for the Speakers Bureau is scheduled for Thursday, Nov 30. Committee members plan to have a planning meeting on Monday, November 27'h at 1 :30 p.m. Finance Committee-Engel The Finance Committee has not met since the last meeting. OPERATIONAL REVIEW-Kopping Staff reports were reviewed and questions answered. COMMISSION DISCUSSION-Honohan Engel, Wombacher and Hensch were appointed to the nominating committee for 2007 Commission officers. Due to a time conflict with the Voices of Experience holiday program, the next meeting will begin at 3:45 p.m. Motion: To adjourn. Kelly/Gould-Motion carried on a vote of 5-0. 3 APPROVED NOVEMBER 2006 Senior Center Commission Attendance Record Year 2006 Name Term 1/24 2/21 3/21 4/18 5/23 6/20 8/15 9/19 10/17 11/20 Expires Bob Enael 12/31/08 X X X X X OlE OlE OlE X X David Gould 12/31/08 X X X X X X X OlE X X Jo Hensch 12/31/06 X X X X X X X X X OlE Jay Hanahan 12/31/07 X X X X X X X X X X Bettv Kellv 12/31/07 X OlE X X X X OlE OlE X X Sarah Maier 12/31106 X X X X X OlE X X X OlE Nancv Wombacher 12/31/06 OlE OlE X X X X X X X X Key: X= 0= O/E= NM= Present Absent AbsenUExcused No meeting Not a member 4 ~ MINUTES City ofIowa City Civil Service Commission December 19, 2006 - 8:15AM City Manager's Conference Room - City Hall Call to Order: Meeting called to order at 8:21AM. Members Present: William Cook, Dorothy Maher Members Absent: Lyra Dickerson Staff Present: Sylvia Mejia, Karen Jennings, Dale Helling, Fire Chief Andy Rocca Others Present: None Recommendations to Council (become effective only after separate Council action): None Approval of Minutes/Consent Calendar: The first item of business was certification ofthe promotional list for the position of Fire Lieutenant. The list contains 10 candidates which is the limit set by Iowa Code. Mejia noted that promotional lists are valid for 2 years by law unless the Commission certifies them as three-year lists. Mejia noted and Rocca confirmed that the City's recommendation was to certify the lists for three years. Maher moved that the Fire Lieutenant list be approved for a term of three years. Cook seconded and all were in favor. Cook moved that the promotional list for the position of Fire Captain be accepted and certified for a period of three years. Maher seconded and all were in favor. Cook moved that the promotional list for the position of Battalion Chief be accepted and certified for a period of three years. Maher seconded and all were in favor. Maher moved that the promotional list for the position of Deputy Chief be certified for a period of three years. Cook seconded and all were in favor. The next item of business was Entry Level Police Officer testing. Mejia noted that the proposed process is the same process that has been successfully used in the past. She requested that the Commission grant flexibility in terms of the test schedule. The timing of the recruitment may be impacted by the interest level of candidates remaining on the current certified list following a final attempt to contact them. Cook moved that the process be accepted as outlined in the memo allowing for flexibility of dates. Maher seconded and all were in favor. There was no old business. In new business Mejia notified the Commission of an upcoming Swearing In Ceremony for a new police officer. Maher moved to adjourn, Cook seconded and meeting was adjourned at 8:30AM. Board/Commission: Civil SelVice Commission ATTENDANCE RECORD YEAR 2006 (Mooting Dato) NAME TERM 02/09/06 3/22/2006 5/26/2006 617/2006 6/23/2006 8/3/2006 8/15/2006 EXPIRES Lyra Dickerson 4/5/10 X DIE X X X X X Dorothy Maher 4/7/08 X X X X X X X Bill Cook 4/6/09 X X X X DIE X OlE NAME TERM 08/31/06 11/8/2006 12/19/2006 EXPIRES Lyra Dickerson 415/10 X X OlE Dorothy Mahor 4/7/08 X X X Bill Cook 4/6/09 X X X KEY: X = Present 0 = Absent OlE = Absent/Excused NM = No Meeting II .-. = Not a Member RE: Civil Service Entrance Examination - FIRE LIEUTENANT I ~ ! ~~~''t~ ~~"IIII.i\Y__ .....~ ~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org TO: The Honorable Mayor and the City Council We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons as eligible for the position of Fire Lieutenant. Eric Nurnberg Tina McDermott Zach Hickman Glenn Pauley Adam Riss John Rockensies Axel Swanson Brandon Smith Scot DeValk Marc Reyhons IOWA CITY CIVIL SERVICE COMMISSION ABSENT Lyra W. Dickerson, Chair 11 / (.1.,L/L J1IL ~ William M. Cook ~Iut\ 0Cq(Y\ VYL~ Dorothy M. Maher ATTEST: ~~-..d I!. ~ Maria K. Karr, City Clerk Approved as three-year list. See 12/19/06 minutes for details. M____.___,__._..___.._ _ ___ ~___._.____._. __________~_.___._~_.,__ ._.___'__'~'__""~________"__'__'_______'____"._"__---.---.,-----...-.-------------------.'-.-.--".--'---..----.--- I ~ 1 -....= -e:; ~~~-e't ~~~IIII" ....... CITY OF IOWA CITY RE: Civil Service Entrance Examination - FIRE CAPTAIN 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org TO: The Honorable Mayor and the City Council We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons as eligible for the position of Fire Captain. Brian Platz Brian Rohr Brian Greer IOWA CITY CIVIL SERVICE COMMISSION ABSENT Lyra W. Dickerson, Chair /1 I fA. JdL.. Yh. ~ William M. Cook ~Qg{\nVYL~ Dorothy M. Maher ATTEST: ~-~) -J(. k-uJ Maria K. Karr, City Clerk Approved as three-year list. See 12/19/06 minutes for details. TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - BATTALION CHIEF I ~ 1 ~~~''t ~~~-1II.9___ ......~ ~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons as eligible for the position of Battalion Chief. Larry Kahler Brian Greer Ken Brown IOWA CITY CIVIL SERVICE COMMISSION ABSENT ATTEST: ~ ,r. K~ Marian K. Karr, City Clerk Lyra W. Dickerson, Chair ().. I tr)dA".~.VV\. ~ William M. Cook ~A~Q1~ Dorothy M. Maher Approved as three-year list. See 12/19/06 minutes for details. RE: Civil Service Entrance Examination - DEPUTY CHIEF I! 1 -~= -~... ~~~~~ ~~-IIII'm~ .... ~ ~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356.5000 (319) 356.5009 FAX www.icgov.org TO: The Honorable Mayor and the City Council We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons as eligible for the position of Deputy Chief. Roger Jensen John Grier Jim Humston IOWA CITY CIVIL SERVICE COMMISSION ABSENT Lyra W. Dickerson, Chair fI/\. William M. Cook ~-:iilll f I ~ 1'\ 'ffic.DLl! "" "" Dorothy M. Maher ATTEST: ~.-.J .;( ~.J Man . Karr, City Clerk Approved as three-year list. See 12/19/06 minutes for details. ____~___.___._._._~_.__"...____~___._ ____M"."_"_~_~___.___.__...____,_,,_______,.____._.____._,_.,_____._,.___",.,____..._..._.____._________.~u__.,-.-------...--------..-.-- MINUTES lOW A CITY HUMAN RIGHTS COMMISSION TUESDAY, November 28, 2006 LOBBY CONFERENCE ROOM, CITY HALL FINAL ~ Members Present: Bev Witwer, Sara Baird, Paul Retish, Scott King, Martha Lubaroff, Kate Karacay, Geoff Wilming, Sehee Foss. Members Absent: Lisa Beckmann Staff Present: Stefanie Bowers. Others Present: Andy Albert, Panl Welsh, Jack Jessop. Call to Order Witwer called the meeting to order at 7:02 p.rn. Consideration of the Minutes of the Seotember 26. 2006 meeting MOTION: King moved to accept the minutes as submitted, and Retish seconded. The motion passed on a vote of 8-0. Recommendations to Council There was no discussion. Andv Albert Andy Albert representing the Oakcrest Neighborhood Association discussed issues some of the residents are having concerning stereotypes, transportation and general well-being. Attendance Bowers reviewed the attendance policy contained in the bylaws for the Human Rights Commission. December Meetifill Date The Commission will hold their meeting for the month of December on the 19th at 7 p.rn. in the Lobby Conference Roorn. Cultural Diversity Dav Commissioners will participate in Cultural Diversity Day on February 25 from 12-5 p.rn. at the University oflowa Field House. Lubaroff, Baird, King and Foss agreed to volunteer for this event. Youth Human Rights A wards The Commission would like to hold this event in April 2007 at the Englert Theater, Bowers will look into possible dates. Human Rights Breakfast and Possible Sneaker The Commission will hold the Annual Breakfast in mid to late October. Bowers will look into possible dates. Handouts for International Non-Native Sneakers King presented a final draft of the handout and the next step is to get the handout translated into several different languages. The handout will be available at City Hall, on the City Website and at the Iowa City Public Library as well as various cnltural centers. Film Series Commissioners developed a list of films they would like to show in the upcoming year. Bowers will check on availability. Read Cases Commissioners read one case in which no probable cause was found. Relational Al!l!ression Commissioners will discuss at the next meeting whether this is an event they will sponsor in the future. Reoorts of Commissioners Lubaroff would like to invite Dorothy Simpson-Taylor to present at the next Human Rights Meeting in hopes of working on a joint project with the Office of Equal Opportunity. Retish reported on the success of Building Blocks. Status of Cases Bowers updated Commissioners on the status of cases. Adlournment There being no further business before the Commission, Retish moved to adjourn. King seconded and the meeting was adjourned at 8:29 p.m. 2 Board or Commission: Hnman Rights ATTENDANCE RECORD YEAR 2006 {Meetin Date TERM NAME EXP. 1/24 2/28 3/28 4125 5/23 6/27 7/25 8122 9/26 10/24 11/28 12/19 Lisa Beckmann 1/1/07 X X X X NMN X X X X NM OlE Q Paul Retish 1/1/07 OlE X X OlE NMN X X X X NM X Q Geoff Wilming 1/1/07 X X X X NMN OlE OlE X OlE NM X Q Sara Baird 1/1/08 X X X X NMN X X X X NM X Q Bev Witwer 1/1/08 X X X X NMN X X X X NM X Q Scott King 1/1/08 X X X X NMN OlE X X X NM X Q Martha 1/1/09 X X X X NMN OlE OlE OlE X NM X Lubaroff Q Sehee Foss 1/1/09 X X X OlE NMN OlE OlE X OlE NM X Q Kate Karacay 1/1/09 X X X OlE NMN X X X OlE NM X Q - G ~, KEY: x = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum 3 r4;I) 1 MINUTES Iowa City Airport Commission November 9, 2006 Iowa City Airport Terminal- 5:45 PM FINAL Members Present: Randy Hartwig, Chair; John Staley; Janelle Rettig; Howard Horan, Greg Farris Staff Present: Sue Dulek, Michael Tharp Others Present: David Hughes, Earth Tech; Harry Wolf; Eric Kochneff; Brian Douglas DETERMINE QUORUM: Chairperson Hartwig called the meeting to order at 5:46 PM. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM THE OCTOBER 12, 2006, MEETING: Hartwig asked ifthe members had any corrections or changes to the above-named minutes, and if none, he asked for a motion to approve said minutes. Farris moved to accept the minutes of the October 12, 2006 meeting; seconded by Rettig. Motion carried 5-0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: A. FAA/lOOT Projects - Earth Tech - David Hughes a. Runway 7/25 - Hughes talked to the Commission about the current progress. Members asked questions of Hughes regarding the affects the weather was having. Hughes noted that this project will be shut down for now and will be reopened in the spring. Hughes stated that they have maintained contact with the FAA regarding the obstruction mitigation. He stated that they are back looking at obstruction impacts. Hughes stated that the FAA has requested a letter from the Airport that basically says they are going to develop the Airport in accordance with the Airport layout plan, and that this letter has been taken care of. Hughes noted that Dane Road will be completely barricaded; he noted that there were still some vehicles using the road even though it was closed. b. Taxi-lane North Tee's and Parking Lot Rehab - Hughes stated that the contractor has arranged for the Hangar A damage repairs and it should take about three days to do this work. Tharp noted the repairs 1 Airport Commission November 9, 2006 Page 2 of7 were set for Monday November 13, and he had been in contact with the affected tenant to arrange the hangar's availability. c. Terminal Apron 1. Update - Hughes stated that this Agreement has been redone and is now ready for approval. This is an agreement with Earth Tech for engineering services related to the terminal apron reconstruction, which is the project that is being done in conjunction with the sale ofthe Hagan property. Members asked Hughes various questions regarding this project. 2. Supplemental Agreemeut No.7 - Hartwig asked ifthere was any other discussion, and if not, he asked for a motion to consider the Resolution. i. Cousider a Resolution approving Supplemental Agreement No.7 for Services Related to Terminal apron Rehabilitation - Horan moved to consider Resolution #A06-24; seconded by Farris. Carried 5-0. d. Sonth Taxi-lane Rehabilitation - Hughes briefly explained this Order and why they need to change the compensation to $26,300, instead of $25,000. i. Consider a Resolution approving Project Task Order No.4 for Rehabilitation of South Taxiway and Taxi lanes surrounding Building G. - Rettig moved to consider Resolution #A06-25j seconded by Staley. Carried 5-0. e. Hangar A Rehabilitation - Hughes briefly explained this Order and responded to members' questions. i. Consider a Resolution approving Project Task Order No.5 for Rehabilitation of Hangar A.- Rettig moved to consider Resolution #A06-26j seconded by Farris. Carried 5-0. f. FY 08 Airport Improvement Program - Hughes noted that this is updating what has been submitted in the past through the funding source. Rettig asked questions of Hughes regarding the Long Range Needs Assessment. Horan asked questions regarding fencing needs at the Airport. Rettig stated that she would like to see a plan like this for non-FAA related items that need to be worked on. Discussion continued on the various projects that are addressed in this document. B. Grass Landing Strip - Hartwig noted that he will probably combine this topic and the South Aviation Development discussion tonight. He explained his reasoning to the Commission, using a drawing ofthe areas being discussed. Hughes took part in the discussion, answering members' questions regarding possible development in this area. (TAPE ENDS) Discussion continued with members talking about possible development on the Airport 2 Airport Commission November 9, 2006 Page 3 of7 property. Horan stated that he would like to see a IS-year plan. Rettig stated that she feels they need to look further down the road and they need to consider "green space" in all of this. She would like to see them preserve land, not develop it. Horan talked about the possibilities for the Airport in the future with continued technology advances with GPS, for example. Rettig suggested they ask for help from the new Economic Development Director with the City. Regarding the grass landing strip, Tharp stated that he spoke with Dick Blum after last month's meeting regarding the length of the strip and other basics. Members discussed where this landing strip could be moved to and what areas would require more prep work. Rettig asked what the minimum standards would be for a grass strip, and Horan responded. Members continued to ask questions about what type of development could still take place, and what restrictions would be encountered with building. Rettig stated that while she understands the need to increase the City's tax base, she feels they need to balance the development and the keeping of green space, and that she would not be in favor of "boxing" in the Airport with development. Staley asked if there is a limit on the market for hangars, to which Horan responded that he feels once the 7-25 project is done, they will see the maximum runway length. Rettig pointed out on the diagram what areas she would like to see developed, and what areas she would like to see reserved for green space and aviation space. She feels the future needs and plans of the Airport should be looked at thoroughly. Rettig noted, for the record, that the comments made at the recent Council meeting about people calling and wanting 100 acres ofland, she feels this is not the kind ofland for those projects, and that Scott Six would be more appropriate. Rettig asked the other Airport Commission members if they are all in consensus that they are not interested in economic development, private commercial development, on all 63 acres, to which all of the Members agreed. Discussion then turned to the City trail system that will be coming through this area soon. C. South Aviation Development - (see above Item) D. Aviation Commerce Park - Harry Wolf addressed the Commission Members, stating that he has an update regarding an offer on Lot 5, which has been returned to the prospective buyer with a counter offer. Just before this evening's meeting, Wolf stated that he received an updated flood plain map, which will help them figure out any requirements on this lot. He stated that this should help the buyer in his decision-making, and that hopefully by next months' meeting he will have a final offer. (TAPE ENDS) Wolf continued, stating that the flood plain map will then get sent to FEMA for a formal change. Hartwig reminded Members that the FAA still has the final say on selling Airport land. Wolf stated that they need a single plat that shows lot sizes and dimensions - that this would be helpful for his purposes in marketing this land. Members asked questions of Wolf regarding the asking 3 Airport Commission November 9, 2006 Page 4 of7 price for this lot. Wolf stated that they have another interested party, as well, and that hopefully he will have more info soon. E. Corporate Hangar Lease Agreement with Keith Roof - Tharp stated that this is the lease that was brought up last month and that he went back to Roof to further discuss his needs. Tharp stated that Roof does plan to close the maintenance shop and wants to rent the hangar for his private aircraft only. Questions were asked about this specific lease agreement, such as the rental price for this hangar compared to others around it. Staley pointed out a small typo on 7.C. a. Consider a Resolution Accepting Agreement with Keith Roof dba Iowa City Aircraft Repair for Hangar #32 - Rettig moved to consider Resolution #A06-27; seconded by Horan. Carried 5-0. F. Jet Air Management Agreement - Hartwig went over the current agreement that the Members received from Tharp this evening. He gave Members some background on the agreement with Jet Air, stating that its original purpose was due to the Airport not having a manager at the time. The Commission at that time wanted to make sure that the various duties were being handled, and this is what started the initial agreement with Jet Air. Basically, there will be a change in the duties - a lessening - than those that are currently part of this agreement. Members agreed that Tharp has been performing some ofthese tasks. Rettig asked questions regarding the chain of command within the Airport. The specific duties that the maintenance worker still does were discussed, as well, with Members stating that some of these issues need to be looked at more closely. Discussion turned to the review of the Jet Air Agreement, item by item, with Members giving their suggestions for wording, etc., as well as asking Tharp for clarification on some duties. (TAPE ENDS) Discussion continued on the exact wording of the agreement with Jet Air, with Members trying to find the best way to capture what is happening and what could happen in the future. Rettig asked ifthey were going to drop any language referring to "management of the Airport" by Jet Air, which led members to discuss this issue next. As a group, the Members went through each section of the agreement, making changes to wording or deleting unnecessary sections. Dulek responded to some of the legal aspects of the necessary wording. G. Parking Policy - Tharp started the discussion by noting the changes he made to the parking policy. Rettig stated that she does not like the wording on the l4-day issue - that she would like to see something where people don't have to check in with the Airport. The discussion turned to signage, with Members stating that they would like to see more detail in the signage so people know what to expect. Rettig asked if the City has a sign shop and if they could help replace some ofthe current signage at the Airport. 4 Airport Commission November 9, 2006 Page 5 of7 H. Commercial Business Agreements - Hartwig noted that they need to put some thought into how they want to proceed with this. He does feel that they should have some type of agreement in place, in light of future developments. The discussion turned to the "minimurn standards" that are in place for commercial uses, such as flight instruction, aircraft rental, FBO service, and aircraft sales. Rettig volunteered to be on the subcommittee to look into creating this agreement, and she will work with Tharp on this. Hartwig noted that Tharp has been in contact with the Convention and Visitors Bureau regarding the Iowa City Airport's membership. He added that he was talking with Chuck Swanson recently to bring information regarding events at Hancher to the airport. I. Airport "Operations"; Strategic Plan-Implementation; Budget; and Airport Management - Tharp discussed his handout regarding Capital Improvement Fund Projects. Rettig asked for some clarification on several items in the expense report for September 2006. Tharp and Hartwig responded to her questions, giving some background on these issues. (TAPE ENDS) Hartwig mentioned that they will be meeting with the City Council before year-end to discuss the upcoming budget needs for the Airport. Rettig asked for an update on the observation area, and the discussion turned to this. The idea of working with various community groups was discussed briefly, and how they could help in this endeavor. J. Subcommittees' Reports - Tharp noted that bids are in for the Cleaning Services, but that he and Farris have not yet had a chance to review them. K. FBO Staff Report - Hartwig noted that this Item was added to the agenda to give the FBO staff an opportunity to share information with the Commission. COMMISSION MEMBERS' REPORTS - Hartwig mentioned the "iawings" web site, on the Iowa DOT site, and stated that he saw the winners of the photo contest listed there. Staley noted that December is called "premature month" in recognition of babies born prematurely, and the March of Dimes is holding a candlelight vigil and program. He noted that they have asked for pink and blue lights as part ofthis program on the 14th, and he stated that the University Tower will have pink and blue covers on that date for the celebration. Horan noted that he has been visiting the flightaware web site more often and that he will probably send Commission Members an email with a link to this information. Rettig stated that since the last meeting, she had the opportunity to fly to Minneapolis with Hartwig and she stated "for the record" that he is a very good pilot. She noted that she thoroughly enjoyed the flight. Rettig also stated that she would like to recognize that there are new Legislators for Johnson County, in both the State House and at the Federal level, and that their contacts with these representatives needs to continue. 5 Airport Commission November 9, 2006 Page 6 of7 STAFF REPORT - Dulek noted that the final City Council meeting in 2006 would be December lih. SET NEXT REGULAR MEETING FOR: December 14,2006 AT 5:45 P.M. ADJOURN - Meeting adjourned at 8:07 P.M. Chairperson Date 6 Airport Commission November 9,2006 Page 7 of7 Airport Commission ATTENDANCE RECORD YEAR 2006 (MeetiOl! Date) TERM 1/12 2/9 3/9 4/13 5/1 Sill 5/31 6/8 6/16 6/23 6/27 7/13 NAME EXP. Daniel Clay 3/1108 --- -- --- -- --- --- -- --- -- --- -- - Randy Hartwig 311/09 X X X X X X X X X DIE X X Greg Farris 311/07 0 X X X X X X X X X DIE DIE John Staley 3/1106 X X X X X X DIE X X DIE X X Howard Horan 3/1108 X X X X X X X X X X X X Janelle Rettig 3/1112 -- -- X X X X X X X X X X 7/27 8/10 9/14 9/18 10/12 11/9 ............. Randy Hartwig 3/1109 X X X X X X Greg Farris 3/1107 DIE X X X X X John Staley 3/1110 X X X X X X Howard Horan 3/1108 X X X X X X Janelle Rettig 3/1112 DIE X X X X X KEY: X ~ Present o ~ Absent DIE = Absent/Excused NM = No meeting -- = Not a Member 7 ~li APPROVED MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 7,2006 - 7:30 P.M. EMMA J. HARVAT HALL - CITY HALL CALL TO ORDER: Brooks called the meeting to order at 7:30pm. MEMBERS PRESENT: Wally Plahutnik, Beth Koppes, Charlie Eastham, Bob Brooks, Ann Freerks, Dean Shannon, Terry Smith STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Ron Amlong (MMS Consultants); Dan Tiedt (Pip Printing) RECOMMENDATIONS TO CITY COUNCIL: Recommend approval, by a vote of 7-0 of REZ06-00021 , an application submitted by James Davis for a rezoning of 17.75 acres of property located at east of Mormon Trek Boulevard at Eagle View and Grace Drive from Intensive Commercial (CI-1) to Commercial Office (CO-1). PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DEVELOPMENT ITEM: SUB06-00016 Discussion of an application submitted by Arlington Development Inc. for a final plat of Stone Bridge Estates Part Five, a 35-lot, 12.37 acre residential subdivision located north of Court Street, east of Camden Road. Miklo stated that the rezoning and the preliminary plat were approved earlier this year. This application is for an extension of the Stone Bridge Estates subdivision. The final plat is in compliance with the zoning requirements. The staff recommends approval subject to staff approval of legal papers and construction documents prior to City Council consideration. Miklo responded to Eastham's question regarding the fire marshal's request for an emergency vehicle turn around. The fire marshal would prefer a connection between the two parts of Eversull Avenue but is agreeable to the two turn arounds that the applicant has agreed to. Freerks asked at what point the trail system and sidewalks would be installed. Miklo responded that they would have to be installed before the public improvements are accepted by the City. Ron Amlong (MMS Consultants) with the applicant asked for any questions from the commission. There were none. Brooks opened the floor for public discussion. There was none. Brooks closed public discussion. Shannon motioned to approve subject to staff approval of legal papers and construction documents. Eastham seconded. Motion carried unanimously. SUB06-00018/SUB06-00019 Discussion of an application submitted by Southgate Development for a preliminary and final plat of Pepperwood Plaza, an 11-lot, 23.33-acre commercial subdivision located west of Broadway Street and Hwy 6 West. Miklo stated that the development is already in place and is now being divided into smaller parcels. Lots 10, 8, 5, and 3 have the potential for further development. Outlot A would be shared between the developments and used for parking. Preliminary and final plats meet zoning and subdivision code requirements. Staff recommends approval subject to legal papers being approved prior to City Council consideration of the final plat. Planning and Zoning Commission October 19, 2006 Page 2 There were no questions for staff. Brooks opened the floor for public discussion Eastham motioned to approve subject to approval of legal papers. Shannon seconded. The motion carried unanimously. REZONING ITEM REZ06-00021 Discussion of an application submitted by James Davis for a rezoning of 17.75 acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone or Commercial Office (CO-1). Miklo said that the Zoning Code Interpretation Panel received information from PIP Printing and has determined that it could be classified as personal service and could be zoned CO-1. There is some concern that if for some reason the rezoning to CO-1 is not finalized that PI P Printing would not be in conformance with the current CI-1 intensive commercial zoning. Miklo said that he had received written confirmation from the applicant that they would like the entire area rezoned to CO-1 rather than leaving some of the lots zoned CI-1. Miklo reiterated that either the CO-1 or CI-1 zone wouid comply with the comprehensive plan and that staff recommended approval. Applicant was not present for comment. Brooks opened the floor for public discussion. Dan Tiedt (owner of PIP Printing) would like a CO-1 zoning and thinks it would be good for the applicant. Brooks closed the floor for public discussion. Freerks motioned to approve. Koppes seconded. Freerks said that she felt this was a good compromise and solution. She said that she is glad they took the time to work this out and thanked Tiedt for his cooperation. The motion carried unanimously. OTHER ITEMS There were none. CONSIDERATION OF THE NOVEMBER 16. 2006 MEETING MINUTES Shannon motioned to approve the minutes. Eastham seconded. Motion carried unanimously. ADJOURNMENT: Motion: Shannon made a motion to adjourn. Eastham seconded. Motion carried on a unanimous vote of 7-0. The meeting was adjourned at 7:46pm. Minutes submitted by Megan Weiler sJpcd/mins/2006l12-07 -06.doc i Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Name 115 1119 2/2 2/16 312 416 4120 5118 611 6115 716 7120 813 8117 9f7 9121 1015 10119 11116 11127 12/7 12/21 Brooks X X X X X X X X X OlE X X X X X X X X X X X Eastham - - X X X X X X X X X X X X X X Freerks X X X X X OlE X X X OlE X X X X X X X X X X X Koooes OlE X X X X X X X X X OlE X X X X X X X X X X Plahulnik X OlE X X X X X X X X OlE OlE X X X X X X X X X Shannon X X X OlE X X OlE X X X X X X OlE 0 X X X OlE X X Smith X X OlE X X X X X X OlE OlE X X X X OlE X OlE X X X INFORMAL MEETING Term Name Expires 2/13 2127 4117 5115 7117 7131 8114 9/18 1012 11113 B. Brooks 05/10 X X X X X X X X X X C. Eastham 05/11 ---- ---- -- -- X X X X X X X A. Freerks 05108 X X X X X X X X X X E.KoDDes 05/07 X X X X X X X X X X W Plahutnik 05/10 X X X X OlE OlE OlE X X X D.Shannon 05108 OlE 0 OlE X X X OlE X X X T.Smith 05/06 X X X OlE X X X OlE X X Key: X = Present 0 = Absent OlE = AbsenVExcused L1::J APPROVED MINUTES PLANNING AND ZONING COMMISSION SPECIAL MEETING NOVEMBER 27, 2006 - 6:30 P.M. RECREATION CENTER - MEETING ROOM A CALL TO ORDER: Brooks called the meeting to order at 6:32pm. MEMBERS PRESENT: Wally Plahutnik, Beth Koppes, Charlie Eastham, Bob Brooks, Ann Freerks, Dean Shannon, Terry Smith STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Matthew Schulz (67 Goldfinch Circle), Sarah Swartzendruber (One South Gilbert Street), Bryan Alexander (60 Goldfinch Circle), Diedre Fleener (72 Goldfinch Circle), Dave Fleener (72 Goldfinch Circle), Michelle Jones (88 Heron Circle), Ben Logsdon (Coralville, IA), Swen Larson RECOMMENDATIONS TO CITY COUNCIL: None PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING/DEVELOPMENT ITEM: Discussion of a site plan for Lots 40 and 41 Olde Town Village and Auditor's Parcel No. 2006030, a 5- building commercial development located at the southeast corner of Scott Boulevard and Rochester Avenue. Miklo stated that the staff met with the applicant after the meeting last week and made suggestions to them on what things could be done to make the site plan come closer to the concept plan, keeping in mind the concerns from the last meeting to minimize the loss of parking spaces and maximize green space. The concept plan shows 40 feet of landscaping on the north side of the building on Lot 41 and did not include a driveway in that area. The site plan now includes a larger area since the Zajicek property was added; therefore, the staff felt it was reasonable to allow a driveway which would increase circulation between Lot 41 and the Zajicek property. The original plan showed 40 feet of open space between the north of the property and the Zajicek property. The staff suggested 30 feet as a compromise that would allow hard surface landscaping (benches, trees) in that area. They recommended that six parking spaces be removed in favor of green space. The staff suggested a few more tree islands and the widening of other islands as Miklo pointed out on the plan. The applicant returned with the site plan Miklo passed out to the Commission and the public. They followed some of the suggestions, but not all. Their plan shows 26 feet as opposed to the 30 feet suggested by the staff and as opposed to the 40 feet in the original concept plan. The applicant widened the sidewalks to 16 feet which accommodates two trees. The highlighting on the plan Miklo passed out are the areas where they recommend more green space to come closer to the concept plan. One of the areas where more green space is recommended is around the trash receptacle. Miklo said all technical deficiencies have been met, with the exception of the tree islands. The island needs to be made larger. The hedge on Scott Boulevard is required to be filled with deciduous and evergreen plants. The lighting has been reduced and is now in compliance. The plan that Miklo passed out has 6 fewer parking spaces than the applicant's plan and 500 sq It less of building area in order to accommodate the 30 foot landscape area. The City Forester has not been able to review this application yet; the staff recommends that any approval be subject to the City Forrester's approval. The previous plan shows doorways opening out into 6 feet sidewalks; staff recommended that the doorways be recessed for pedestrian safety. Planning and Zoning Commission November 27, 2006 Page 2 Shannon confinmed that the green areas marked on the plan Miklo passed out are the area which they recommend adding more green space. Miklo responded that decreasing the building size by 5 fl would increase the green space by 30 feet. Eastham asked what the origin of the concept plan included in the Conditional Zoning Agreement was. Miklo responded that the original application to annex the property included a Community Commercial (CC-2) Zone. The Comprehensive Plan showed this area to be appropriate for Neighborhood Commercial (CN-1). The P&Z Commission was not willing to recommend Community Commercial zoning unless there was a concept plan showing how the property would be in line with Neighborhood Commercial policy of the Comprehensive Plan. The concept plan was submitted as the applicant's attempt to address this concern. This concept plan was approved by the P&Z Commission as part of the CZA. Plahutnik confirmed that the green highlighted copy was Miklo's suggestion, not what the Commission is voting on tonight. Miklo affinmed and stated that the options are to approve the plan, approve the plan with Forrester's approval, or approve the plan subject to staff alternative or applicant's alternative. Eastham confirmed that the recommendation for the south side of building 3 is to increase its width by 5 fl. Miklo responded that they are not trying to reach 40 feet, but some compromise. Shannon confirmed that the Forester would be reviewing on the basis of the species of trees not the zoning concerns. Plahutnik asked if the applicant needed to submit a second application if they decide to add more green space. Miklo responded that the applicant does not need a second review unless the number of parking spaces goes beiow the requirements (148 spaces). The current plan has 160 spaces. Behr requested that the Commission be very specific with their conditions. Brooks stated that in the revised landscape plan, it appears that the space between building 2 and building 3 has increased but the buildings look to be the same size. Miklo responded that the buiidings are 5 fl. narrower than they were previously and that the space in between the buildings has increased from 16 feet to 26 feet. He thought the square footage was a mistake on the plan. Koppes asked what the setback requirements would be if the lot was still two separate lots. Miklo responded that CC-2 setback requirements are 10 feet from the front lot line (in this case, Scott, Middlebury and Westbury). A special exception was made for Westbury and Middlebury. The setback requirement for these two sides is 3 fl as long as there is an 11 foot sidewalk. There is no side yard setback requirement. Brooks opened the floor for comments from the applicant. Sarah Swartzendruber, attorney for the applicant, came forward on the applicant's behalf. The main issue for the Commission's consideration is whether the application meets the condition zoning agreement. She attempted to resolve some confusion from the last meeting: . Which side of the building is the front and which is the back?: the front of the building is on Westbury Drive, although the buildings can be entered from both sides. The CZA would not permit a different front to the buildings. . Pedestrian friendly aspect of the buildings: the applicant put the parking spaces behind the buildings to make the site more pedestrian friendly. . Too much linear parking along Scott Boulevard: there is more parking because the property has doubled in size and the concept plan did not have enough parking to be approved. . Reduced percentage of green space: the site plan has 30% more trees than the concept plan. Incorporating both sides, the site plan has more than doubled the number from the concept plan. . Concems from the letter from neighbors: o Parking (discussed above). Planning and Zoning Commission November 27, 2006 Page 3 o Location of buildings. The buildings cannot be moved along Scott Boulevard because that concept is prohibited by the conditional zoning agreement. o Noise and light. The zoning issue has already been resolved and it has been determined that this is an appropriate location for this development. The closest resident is about 180 feet away from the boundary line of the lot. The residents who signed the petition live 300-500 feet away from that. She feels that the current noise of semis and traffic is currently higher than what will be added. o Reduce parking or reduce the building size. The buildings are very similar to the buildings approved for Lot 48. The development will not work financially if you reduce parking or the building size. Swartzendruber compared the concept plan to the City Center Square development in Coralville. The focal point of this development is Westbury, not the main arterial road of Scott Boulevard. Swartzendruber showed the original concept plans and explained that those plans do not meet the parking requirements. The concept plan is not intended to be a site plan or to be compliant with the requirements that the site plan is subject to. She explained that the deveiopers are residents of the east side of Iowa City and want to do what is best for the community. They cannot do this unless it is financially feasible. Eastham stated that the developer might have had the opportunity to ask for a rezoning to propose a different concept plan. Swartzendruber responded that the buildings need to look nice from all four sides; a rezoning would not have been necessary since they have met all the requirements of the conditional zoning agreement. The developers have exceeded the concept plan in terms of landscaping. Freerks stated that many people disagree with her opinion and feel that the site plans do not meet the conditional zoning agreement. Swartzendruber responded that the suggestions of the neighbors are not feasible and have not been taken into consideration because the plan could not be approved if they were. Freerks asked Miklo to comment on Swartzendruber's statements that the suggestions of the neighbors to move the buildings are not permitted by the conditional zoning agreement. Miklo agreed with Swartzendruber because the concept plan shows specific building locations and if they were up against Scott Boulevard, it would not conform to the concept plan. Swartzendruber commented that moving the building takes away from the pedestrian-friendly aspects of the plan. Freerks commented that there is housing on the other side of the street as opposed to the lack of residential development across from City Center Square in Coralville. Freerks suggested that more trees be added at the expense of a few parking spaces. She does not feel that the changes that have been made are not adequate to satisfy her. Swartzendruber responded that she thinks there are only 3 or 4 houses that are directly affected. Freerks commented that there is completely different zoning across the street and that the development is significant to those 3 or 4 houses. Swartzendruber commented that these concerns are more appropriate for the zoning questions. She said that some of the same members of the public who are in attendance tonight came to the zoning meetings and since they were unsuccessful, they have come here to work toward a compromise. She thinks this is an inappropriate consideration at this time. The developers are agreeable to Forrester approval. Swartzendruber stated that she could not imagine any circumstances where the line of trees along the road would be removed. Brooks asked whether by saying that there were 30% more trees, Swartzendruber meant that there was 30% more green space. Swartzendruber responded that she did not mean that but only meant that there are 30% more trees, measured by hard number of trees. Brooks says that the buildings match up with the concept plan but parking and landscaping don't. He stated that the buildings seem to be paramount and the parking and landscaping are afterthoughts. Swartzendruber feels that most of the features are included in the concept plan. One of the most important features is nice building facades along the pedestrian walkway. Swartzendruber feels that the concept plan and the site plan are very similar because they both meet the condition zoning agreements. Freerks asked Swartzendruber and the developers how the concept plan became the site plan, since they are very different, especially in terms of green space. Swartzendruber responded that Lots 40 and 41 ~---------~-_.__._._----~"---_._.--_._--~--_..._----'~---,.".-.-- Planning and Zoning Commission November 27, 2006 Page 4 should not affect the development of any other lots and that the changes made were necessary to make the development work. She feels that this plan sets a good precedent for developments to come. Ben Logsdon with developer/applicant: the applicant has incorporated the suggestions of the community from the last meeting into the revised site plan. The applicant began working on this plan in April or May. The applicant shifted the building to create more green space, decreased the parking in the center area and added parking to the front of the building. This should reduce the headlight traffic on Scott Boulevard. The original concept plan had 22% green space. The current site plan has removed the buffer between the junkyard (which is no longer there) and has 19% green space. The green space was reduced from the original plan because of the buffer that was taken out. In place of this green space are now a pedestrian walkway and a driveway. The middle two buildings have been reduced in size to make room for a pedestrian walkway. The developers chose to go with 26 feet as opposed to the 40 foot recommendation from the city in order to preserve the square footage of the buildings. They have lost between 500 and 600 square feet between the buildings by reducing them for the pedestrian walkway. Freerks feels that it would be a good compromise to add more green space. Logsdon responded that he would rather take away one parking spot (9-9.5 It) and add 3 ft to each of the islands. He would stretch the islands out instead of adding more islands. This may be better for snow removal and functionality. Logsdon said that the developer was asked to submit the plan For Lot 40/41 and the Zajicek property as one plan, which they did. They do not own the Zajicek parcel but will probably be the contractors who build on that parcel. He cannot say that he will reduce the size of their buildings without first talking to the owner. Freerks said the suggested plan reduces the square footage of the buildings by 500 sq ft. Miklo confirmed this. Freerks is concerned about how the site will all come together since there are multiple owners and plots are bought and sold. Logsdon said that the site plan would look more like the site plan if it were not for the additional corner plot (Zajicek). Freerks is concerned by the removal of green space and she would like to compromise to add more of that green space back. Shannon stated that the islands were drawn with two trees but the Forester reported that the space itself is not big enough for two trees. No one would like to see one tree per island. Logsdon responded that you could fit one large tree or two ornamental trees. Freerks thinks that adding more trees would come more toward compromise. Public Discussion was opened. Matthew Schulz (67 Goldfinch Circle) said that if the 40 feet of green space is extrapolated, there would be 80 feet of green space between the buildings to the reduction to 26 feet, once extrapolated, would be very significant. He discussed some suggestions from the neighbors: move the building (the developers did not want to move it because it complied with the concept plan). The concept plan was for office/retail, but there are over 6000 sq ft of restaurant space. The developers have added more square footage and different uses than the concept plan. He responded to comments from the last meeting: the current site plan dates to July, 2006, although the conversations about this site started in 2000. The sign was posted in September, 2005 requesting comments but the neighbors did not receive a letter regarding the variance until October, 2006. The site plan that was submitted in July did not comply with the green space requirements. He does not think that the neighbors can rely on the good will of the developer to do the right thing. The CZA was a result of the neighborhood involvement, when the developers should have involved the neighbors earlier. The neighbors do not want the Commission to be rushed because this decision sets a precedent for the east side and the rest of this site. Schulz does not feel that the staff is pushing conformance to the concept plan enough. Schulz suggested a brick or kingstone wall against the parking lot or along Scott Boulevard which would prevent headlights from hitting the homes across the street. The developer's response is that they do not want to separate the development from the rest of the community. Schulz stated that they would like the si9ns to be small and not give off a lot of light. Miklo responded that signage requirements are stricter when they are within 100 feet of a residential area. Only monument signs and signs on the buildings will be allowed. The zoning requirements provide extra protection to the neighborhood. Schulz asked if the developer would be willing to agree with them on the signs in the areas that are not regulated by the zoning requirements. Schulz asked why the developers did not factor in the neighborhood concerns Into their business and profit calculations. He feels that the developer misjudged the situation and has not worked well with the City or the Planning and Zoning Commission November 27, 2006 Page 5 neighborhood. Schulz also asked why the developer waited so long to submit a site plan, and why the site plan did not comply with the CC-2 zoning. He also asked why the developer waited until October, more than 20 days after the site plan was submitted and the notice was posted, to mail a letter to the neighbors requesting a zoning variance. He asked why the developer waited until the neighbors filed a petition to approach the neighbors. He asked why the developer allowed the city to make assumptions as to the number of children that would be using the child care center. The number of parking spaces changes when more realistic estimates are used. He asked why the site plan did not include office space, upper floor residential space, and public space. He wonders what the rest of the site will be used for and what the developer would do with the space if they get by with the current site plan. Diedre Fleener (72 Goldfinch Circle) stated that she is concerned that the Commission does not rush into a decision in this matter. Schulz was the only neighbor to receive a site plan, although the neighbors did receive letters about this meeting. She talked with Julie Tallman with the City who told her that CC-2 zoning had to comply with S3 landscaping codes and the standard would be a 5-6 foot screen along Scott Boulevard, 50% of which would have to remain green year-round. The current site plan only shows 35% green year-round. She still believes there is minimal landscaping in the center and worries about water run-off for the neighbors to the south. She is concerned about the drastic increase in parking spaces. She feels that the developer does a "bait and switch" by showing a nice plan and then changing the plan with the rationale that it doesn't comply with code. The neighbors have repeatedly expressed that they do not want a lot of parking. In the center, the number of spaces increased from 30 to 65. In reviewing the P&Z minutes from January 5, 2006, the developer had chosen to seek a CC-2 zoning but had agreed to a CZA which would create a neighborhood feel rather than a Community Commercial (CC-2) zone. The site plan looks more like a strip mall to Fleener. Scott Kugler, in those same minutes, stated that the comprehensive plan for this site calls for integrated development with a good mix of retail, office, and residential uses. Fleener feels that the plan they've seen plans is rnostly retail. She feels that the developer makes no efforts to comply with the CZA until they are forced to. She feels that the change from 32% green space to 19% is not a minimal change as the developers claim. When the Zajicek property with the junkyard was across the street, there were mature trees blocking the sound and light. Fleener said that the applicant removed all of the trees and several years ago the owner of this property took down the trees in the wetland. Freerks asked for Miklo's confirmation that 50% year round green is required? Miklo believed that this was true, but would check the code to confirm. Freerks asked Miklo to confirm that the trees that were removed were protected by wetland. Miklo hesitated to comment because it was regarding another site than up for consideration here. Michelle Jones (88 Heron Circle) commented that she also feels the developer is using the "bait and switch" tactic because when they could have talked about the lighting and other concerns, they were working off the concept plan and they were told by the developers not to worry about those concerns at this time. She asked Miklo to confirm that there are 6 less parking spaces in the projected plan tonight than what was proposed two weeks ago. She doesn't feel this is much of a compromise. She feels that more than 4 neighbors are affected by this because of the water retention areas which cause the property lines to end a ways back from Scott Boulevard, even though they are on Scott. She estimates that 10 or 12 houses face Scott on Heron Circle and Goldfinch Circle. Bryan Alexander (60 Goldfinch Circle) still does not understand why the building cannot be moved back 35 feet from Scott. If the drive-thru was eliminated, you could add parking spaces, eliminate trees, and the building could block the light. He wonders if the developers have done wind analysis on the property. He feels that the wind coming down across the road will be hazardous to the pedestrians walking. If the building is moved, this would shelter pedestrians from the wind. He has calculated that the residents will pay over $1 million dollars in the next 10 years for the privilege of living there. He feels that this fact means that the neighbors deserve something more aesthetically appealing and something to block them from the unpleasant aspects of this development. He cannot understand why all the neighbors and the developers cannot get in the same room to work this out and discuss options. Planning and Zoning Commission November 27, 2006 Page 6 Casey Boyd (one of the developers) feels that the neighbors are missing the fact that the individual building owners have the opportunity to buy 2000 sq ft of building space. The developers feel that this will drive a long-term thriving commercial development He appreciates the neighbor's comments. He doesn't feel that the process ends tonight. They ask for approval tonight, but they are still willing to listen to the neighbor's comments if they are approved. Freerks asked if the developers would be willing to defer this in order to spend a couple weeks to work towards something that is agreeable to everyone. Boyd responded that the P&Z Commission is here to make a yes or no decision but that he would be open to small contingencies, as recommended by Bob. He is trying to do the right thing by both the developer and the neighborhood. He would prefer not to defer. Freerks asked about the possibility of adding more green space. Boyd responded that the neighbors would not be satisfied by adding more green space and eliminating 6 parking spaces because their desires are farther apart than that. Freerks says that she is not seeing compromise tonight. Boyd responded again that the small compromise would not satisfy the neighbors. He also said that he did not intentionally leave anyone out of the process. Koppes asked who was entitled to defer until a later time, the developer or the neighbors. Behr said that either was entitled to suggest this but both parties have to be in agreement in order for it to be deferred. Dave Fleener (72 Goldfinch Circle) commented that the neighbors have had to work hard to keep the door open for conversation and suggestions. He was offended by the comment that the concern of the neighbors is not an appropriate consideration at this time. He feels that the developer is talking out both side of their mouths. He asks that the P&Z Commission takes all of these comments into consideration. Ben Logsdon stated that the process started in May but they had many things to work through with staff before they could submit a site plan. He stated that their intention is to use S3 standard for landscaping. He thought the plan they submitted was at the level of S3 If it is not, they will fix that so it is at the S3 level. Storm water is collected on site and then goes to the regional detention pond, as required by the City. There is some office and retail space in the plan (an insurance agent, possibility dentists, etc.). He also reminded the audience that the current developers are not the developers who submitted the original concept plan. He stated that the lighting was not in compliance because they were .16 foot candle over the limit near the bank. They have shifted the poles in the parking lot to come into compliance. This is even lower than for most because of their location near the residential areas. Since no childcare center has committed to leasing space, they could only make estimates; the City made the parking projections on their own. He feels they did the best job they could with the information they had. Swen Larson said that the Lot 48 was created under the same architectural influence as the lots in question tonight. It was important to the developer to make the buildings consistent. Lot 48 has two buildings in the same character as the developer's site and those buildings have occupancy as of December 27. These plans were approved with speed and efficiency by the City. Once the real-world functionality is applied to the concept plan, it has to change in order to be feasible, functional, and serviceable. He responded to the comments that the concept plan showed office/retail by saying that Lot 48 showed convenience store but is being occupied for other purposes. Larson says that the developers are not trying to "bait and switch" the neighbors or hide anything. They took a concept that showed a junk yard and used their imagination to create this concept plan. They tried to continue the feeling of Lot 48. They are dealing with 11 feet of elevation difference between the two sides of the development. In order for an applicant to be accepted, they will have to be approved by the City and the developers. One of the building is mirroring the concept plan but the others are adjusted for serviceability, etc. These concerns have always induced their changes to the plan. Swartzendruber requested that any criteria that the Commission specifies as being required for staff review be very specific so the developers know what is expected of them. They intend to meet lighting requirements and are willing to add more landscaping on certain islands. She also mentioned that they are allowed, under plan amendments to decide to add more landscaping. They are not willing to change the footprints of the buildings or reduce the square footage but they are willing to come to agreements on minor landscaping issues. Schulz said the neighbors would be willing to defer the ISSlIe and to work with the developer to come to a compromise. He is concerned that the developers seem to be willing to work with the City on minor _~_________._ M__..__.________.____"__.___~_.______.___.~____..___._.'0 ._____._.________________.___n____________________n...~,,~________~~_._._._.__~_ Planning and Zoning Commission November 27, 2006 Page 7 compromises but not the neighbors. The neighbors do not ask that the design be changed. They are concerned about the lighting, the lack of any wall separating them from the development, and signage. Diedre Fleener confirmed that Casey Boyd bought the land from his grandfather so there may have been some discussion between them about the plan for this site Public Discussion was closed. Behr reminded the Commission that their scope of review is general conformance of the concept plan. The Commission's options are to approve, approve subject to conditions, and deny. He would recommend discussion on the conditions to make them as specific as possible to guide the staff, the Commission, and the developers. The Commission ('leS not have to know if the developer is in agreement with the conditions or not. Brooks reviewed the options as approval, approval subject to conditions, and denial. Deferral is an option but the developers are not willing to defer and both parties must agree for this to be a possibility. He reiterated that any conditions that are set forth must be very specific. He and then opened for discussion among the staff. Smith would like to clarify which parts of the CZA are being questioned. He understands that most of the discussion is around general conformance with the CZA and would like to set out specifics. He sees on- street parking, pedestrian friendly walkways, parking behind the buildings, and minimum or no setbacks as the main issues and asked the Commission for any more suggestions. Freerks said that she feels landscaping and green space is also an issue and that she feels that the issues Shannon set forth are dependant on how you interpret them. Shannon clarified that the landscaping is part of the pedestrian friendly requirement. Brooks said that the issues outlined above are specific lan9"age from the CZA but that the CZA also says that it will be developed in general conformance with the concept plan. Brooks feels that this is difficult to interpret and that he has looked at conformance in general terms of percentages. The developer feels that the building sizes cannot be changed and all other things must be changed to fit this criterion. Brooks feels that the landscaping should be more of a priority because it is just as important as the buildings. He feels that all the give and take has been to the sacrifice of the green space. The developers claim that the buildings cannot be modified because of economic reasons. Brooks has reservations about what the final development will look like In terms of proportions of buildings and open space. He feels that if it doesn't work in this case, how will it work it the middle lot? He is frustrated by the process and the fact that the concept plan doesn't seem to mean anything. Eastham reiterated the primary concerns of the neighbors as lighting, signage, and berms. Freerks feels that there are additional concerns that are not in this list Brooks feels that the lighting and signage issues are technical requirements that could be left to the staff. Behr commented that these are zoning concerns that should have been addressed during the zoning discussions. Freerks has no problems with the lighting and signage as long as they meet the requirements for the zoning established. Eastham has reviewed the minutes, examined the site, and reviewed both the concept and site plans. He feels that the words in the CZA are both specific and vagl'e. He feels that the front of the buildings is on Westbury Drive and Middlebury Road and not on Scott Boulevard. He feels that the concept plan indicates that parking will be behind the commercial buildings so putting parking behind buildings 1-3 is supported by the concept plan. He feels that the amount of parking was not calculated carefully when the concept plan was construed. And he feels that the parking generally conforms to the concept plan. He thinks that the landscaping plan is an improvement ana IS close to adequate. He believes that the suggestions from the staff regarding increasing the size of the three center parking islands along Scott Boulevard and adding additional green space at the SW corner of the site plan and expanding the landscape area to the east of building 3 are strong recommendations. He feels that the site plan generally conforms to the concept plan and the language of the CZA. He thought that the Commission should be specific about their desires for the islands: two large island big enough for two big tress? Or Planning and Zoning Commission November 27, 2006 Page 8 multiple islands only big enough for ornamental trees? Freerks added that the signage code is well defined and that having larger trees helps to break up tile view. Eastham said that his purpose in suggesting bigger trees was to add to the pedestrian frlenc!:,ness and not necessarily thinking in terms of extra screening. Miklo added that parking spaces can be "0 further than 60 feet from a tree, so the tree islands could not all be eliminated in exchange for larger onos. Koppes listed conditions as Forester approval, recessed doorways for the 6 foot sidewalks, and site standards for the S3 landscaping in addition to what Eastham mentioned. Smith added to the list that the square footage be correcterl which were not updated in this version. Brooks agreed with Eastham that the islands need to be enlarged and would request that the Forrester come up with a plan that would allow at least one over-stery tree in each one. He likes the idea of the under-story on the east side but he think it's important to 11'3'/e more over-story trees on the island if it is added on the NW corner of building 1. He would also like to see over-story trees added on the SW corner of building 3. He proposes more over-story trees on Mldcllebury Drive to encourage the neighborhood feel. This would replace some of the lower flowering crabapple trees. Freerks agreed with these suggestions and thought they would bring unity to the front 2nd back of the building. Smith listed the conditions that the Commission was considering: Forester review (conformance of species). Correct the site plan with square footage adjustmer's previously made to building 2. Recessed doors on the west side of building 2. Conformance to the S-3 site plan landscaping stanr!ard. Three islands to accommodate at least one over slc'ry and one under story tree. Compliance with the site standards. Koppes added the addition of landscaping close to the trash enclosure. Miklo pointed out on the plan where the Commission was sllggesting more landscaping. Brooks and Koppes would want to see the landscaping around the trash enclosure by building 1 before an over-story tree on the other side. Brooks would also ,ike to see more than the minimum required on the year-round evergreen screening. He doesn't feel that tile wall is appropriate but does feel that more evergreens would be better. He feels that doing the bare minimum is not sending the right message in a situation where the neighborhood is not enamored with your plans. He suggests that they request 75% year-round screening, but it cannot be required because 58% is the minimum and they are meeting that. To compensate the decrease in green space, they should be willing to add more shrubbery screening. Behr suggested that this request be couched in terms of the CZA standards for green space instead of requiring them to be held to a higher standard of screening. This idea was not supported by four Commission members and was therefore not discussed further. Motion: Smith made a motion to approve subject to five 2lllendment: (1) compliance with the site plan standards (including lighting, screening, etc.), (2) Forrester review and approval for plant species defined in the site plan, (3) correction of the square footage as r I'8viously adjusted on the plan, (4) recessed doorways on the west side of building 2, (5) adjustment Ie. the landscaping plan and parking lot layout with three islands to accommodate one over-story tree on rile west side and one under-story tree on the east side and for an addition of a landscaped area on lie SW corner by the trash enclosure for low shrubbery. Plahutnik seconded. Shannon thinks that the plan would be a great addrtlo,- on the east side of Iowa City. He would recommend, based on his experience, that the develop""; get together with the neighbors and clarify their plans. He thinks it is unfortunate that the neighbors are uninformed and that the developers should have communicated better with the neighbors. Freerks agreed with Shannon and added that the dc\ elopers might have thought that they met satisfactorily with the neighbors when the CZA was passc., in 2000. She feels that the development is Planning and Zoning Commission November 27, 2006 Page 9 needed and will be a good one for the area but is concerned about its effects and how the finai development will turn out. Plahutnik feels that the site plan generally conforms to the concept plan. He also feels that the developer should have gotten in earlier to make everyone satisfied "od encourage a smoother process. He feels that the concept plan and the site plan do not have to be identical and that he sees general conformance. Smith feels that everyone should go away from this meeting a little unhappy because they cannot and should not side fuliy with either the neighbors to the total discontent of the developers or to side fully with the developers to the total discount of the neighbors. Eastham feels that he benefits from the thoughts that are br'Jught forward at the meetings. He will vote to approve but he feels that it is difficult for the neighborhood to participate in development plans. He feels that the current plan is the best that can be done to compro,nise. Koppes wili vote to approve. She appreciates the neighbors atiending the meetings and suggests getting involved as early as possible. She understands the concerns of the neighbors but feels that a compromise is necessary and that the current site plan is that compromise. Brooks wili vote to deny because he doesn't feel that the site plan represents the concept plan that they approved. He feels that we have lost a considerable amount of green space and that a top quality building was possible at this key intersection but was not presented. He is frustrated with the process and how the Commission came to this point. He does not like the fact that the process aliows a concept plan to be submitted that does not comply with requirements He also feels that by putting the buildings at top priority, they have given up the possibility for a top'luality development, even though this one is quality. He feels that the process needs to be changecl He is fearful for what wili happen with the balance of the development. Motion: Smith, Plahutnik, Shannon, Eastham, Koppes vo'ed to approve. Brooks and Freerks voted to deny. Motion was carried on a 5-2 vote. ADJOURNMENT: Motion: Smith made a motion to adjourn. Plahutnik seconcled. Motion carried on a unanimous vote of 7- O. The meeting was adjourned at 9:20pm. Minutes submitted by Megan Weiler sJpcdfmins/2006/11-27-06.doc -"~--"---,"--,--,-,,,,,,~---'-"-"--------"------"--"---~--~--_._---_._._.._.,-_._,._--_._--,----------------- Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Name 115 1119 2/2 2/16 312 4/6 4/20 5118 611 6115 716 7120 813 8117 9/7 9121 1015 10119 11116 11127 12/7 12/21 Brooks X X X X X X X X X OlE X X X X X X X X X X Eastham - - X X X X X X X X X X X X X I Freerks X X X X X OlE X X X OlE X X X X X X X X X X KODDes OlE X X X X X X X X X OlE X X X X X X X X X I Plahutnik X OlE X X X X X X X X OlE OlE X X X X X X X X Shannon X X X OlE X X OlE X X X X X X OlE 0 X X X OlE X Smith X X OlE X X X X X X OlE OlE X X X X OlE X OlE X X INFORMAL MEETING I Term 7/~~r Ji<l~e -~rs 2113 2/27 4/17 5/15 7/17 9/18 10/2 11113 B. Brooks 05/10 X X X X X X X X X X C. Eastham=I05{1l X- ---=- _ -- --___X _ _~ l---><-J X X X X ------;--- - :--- , ___:__L-__~ -- , 1_ A. Freerks 05/08 X ' X I X X X: X X X X _E. Koppes 05/07 X X X X X X X X X X - I ~Plahutnik 05/10 X X X X OlE OlE OlE X X X D.Shannon 05/08 OlE 0 OlE X X X OlE X X X I i T.Smith 05/06 X X X OlE X X X OlE X X i Key: , I X = Present i ! 0 = Absent I , OlE = AbsenVExcused I I i i I I ; I I , , I