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HomeMy WebLinkAbout2007-02-06 Bd Comm minutes em: MINUTES FINAL IOWA CITY BOARD OF APPEALS MONDAY, DECEMBER 4,2006 EMMA J. HARVAT HALL, IOWA CITY CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Tim Fehr, Steve Buckman, Chad Campion, Alan Gerard, Doug DuCharme, Gary Haman MEMBERS ABSENT: None STAFF PRESENT: Doug Boothroy (H.1. S. Director), Tim Hennes (Sr. Building Inspector), Roger Jensen (Fire Marshal), Andy Rocca (Fire Chief), Sue Dulek (Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: Leah Cohen (Bo James) and Rebecca Neades (Chamber of Commerce) RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:08 PM. CONSIDERATION OF MINUTES: Minutes from the September 26,2006 meeting were reviewed. Minutes were approved with a unanimous vote 7-0. Discussion and possible recommendation to Council of an ordinance amendinq the International Fire Code and the International Buildinq Code to require new minimum thresholds for Iife-safetv standards in new and existinq A-2 occupancies. Doug Boothroy presented the basic issue to the Board. Because of life-safety concerns certain new requirements are being proposed for existing A-2 occupancies (primarily eating and drinking establishments). This proposal has been discussed with City Council and now is being presented to the Board for their consideration and, hopefully, favorable recommendation. These new requirements encompass three areas: exiting, fire alarms and sprinkling. A draft ordinance has been included in the meeting packet. While Council has not seen the specifics in the proposed ordinance, they have shared concerns about various life-safety issues especially in older buildings in close proximity to each other such as in the downtown area. Boothroy was pleased that Council felt strongly enough about the issue that they have expressed interest in providing some sort of financial support. Since the issue would involve retrofitting existing buildings, staff is recommending that business and property owners be given time and financial support to help with the process of complying with additional life-safety standards. Fire Marshall Jensen explained the specifics of the proposed ordinance. All existing and new A2 occupancies with an occupant load of 100 or greater would be required to install a fire sprinkler system. This change is already reflected for new buildings (or a change in use) in the 2006 International Building Code and the 2006 International Fire Code. Amending the ordinance now would initiate the process for new occupancies and require the retrofitting of existing businesses. All existing and new A2 occupancies with an occupant load of 200 or greater and has amplified sound equipment would be required to install a voice alarm fire alarm system. With any alarm input, visual and auditory distractions such as loud music and laser lights would cease; the house lights would come up to an ambient level and prerecorded evacuation instructions would come over the sound system. Alternatively, a responsible party could get on a pre-specified microphone to give real time specific instructions. The third proposed change would require an increase in the width of the main entrance/exiting doors (new and existing) based on the occupant load - from 50% of the load to 66%. Jensen explained that investigation of fires that have involved fatalities in A2 occupancies show that people always try to exit out the door that they came in -even passing up closer exit doors. Jensen asked for questions from the Board. Haman asked how a person could use a microphone in an emergency situation if the voice alarm system shuts down all of the amplified sound. Jensen said there would be a special mike that a responsible party would know about that could still be used as well as the pre-recorded message. Buckman asked how the occupant load numbers of 100 for the required sprinkling and 200 for the voice alarm systems were determined. Jensen explained that the1 00 load number is what is in the 2006 IBC and IFC which are to be considered for adoption this year. The 200 load number for the alarm system was derived from actual surveys of A2 occupancies. He also noted that the 2006 codes do not mandate retrofitting of existing occupancies. Discussion occurred as to how occupant loads are determined. Hennes explained that each occupancy is looked at individually - square footage, tables and chairs, bar and kitchen areas are all used in the calculation. Fehr asked for more clarification on what kind of financial assistance would be available. Boothroy stated that that would be a matter for City Council. He said several ideas were discussed at the informal meeting. Also the City would most likely do the water service upgrades in City Plaza as one project in order to minimize the disruption in the downtown area. Roffman asked if the proposal would go into effect for the whole of Iowa City at the same time. Boothroy said that is correct. However, the initial outreach and compliance enforcement would start with those businesses perceived to be at the highest risk. Jensen added that in addition to the possibility of financial assistance, the City is also offering a reasonable time frame for these businesses to comply. The proposal allows five (5) years after adoption for compliance. The City will ask that by year four (4), a business has at least submitted approvable plans so that permits can be issued. Roffman had questions about the increase in the width of entrance/exit doors and how that related to ADA (Americans with Disabilities Act) requirements. He said that in existing buildings sometimes there simply isn't enough physical space to widen a doorway and meet ADA requirements. Hennes explained that if an entry/exit door is widened, it would have to be made ADA accessible and that there was usually a way to do that to the extent possible given the physical restrictions. Jensen added that sprinkling will help mitigate the widening of entry/exit doors. In other words, a sprinkled building will allow more people to exit through a narrower door. Roffman wondered how that related to real buildings in Iowa City. Jensen distributed a spread sheet that showed the existing A2 occupancies and door widths. Most occupancies currently exceed the minimum width required now -32 inches of clear opening. And, assuming sprinkling, most occupancies will not be required to widen doorways. There are some problem occupancies that are above or below grade that will have to be looked at. When a stairway is involved, the exiting width requirement increases. Roffman opened the meeting to public comment. Leah Cohen identified herself as the owner of BoJames and as the co-chair of the Iowa City Alcohol Advisory Board. She said it is important to see who will be affected by this ordinance and how it will affect them. Her main concern was the voice alarm system. She believes it is a $10-15,000 system. And this would be in addition to a $20-30,000 sprinkling system. She felt that the voice notifier alarm system had not been in actual use long enough to know how effective it really is. There are also liability concerns with the manual real time voice instructions in terms of keeping inebriated people from accessing it and giving incorrect instructions. Cohen felt that the system could not hook into the existing lighting system in a bar and so additional lighting would have to be added. She said they had been trying to address many of the safety concerns for buildings downtown that are in such close proximity and that this ordinance doesn't really address all of those issues and some business might fall through the cracks. Additionally, some businesses will be affected that don't need to be. She pointed out that most of these businesses are small businesses and the financial strain will be substantial especially since most of these businesses do not own the building they are situated in. They would be required to pay for substantial upgrades to buildings that they do not own and most of that investment would be left behind if the business closed. She said that so far the businesses have not been informed of the proposal - she was at this meeting to get information and see what direction the Board was going in. Obviously if the Board continues with the proposal, all of the affected businesses would have to be informed. Campion wondered how the voice notifier system actually differed from what is currently being installed. Jensen stated that he had gone to the three main companies that install fire alarm systems in Iowa City and asked what the additional cost would be to add the voice component to a fire alarm system. Simplex Grinnell estimated it would add about $2,000 to the total cost of a standard alarm system. Midwest Alarm said it would add about $1860 and Freeman Alarm said it add about $2,000 to $2300. The installation of a standard fire alarm system would be required with the installation of the sprinkling system so the cost of the voice component would only be in addition to what already would be required. Campion also asked about where the microphone would be installed for the manual voice instructions in order to address the liability concerns of Cohen. Jensen answered that they would work with each business on a case by case basis to make sure that those microphones were in a secure location and not accessible to the general clientele. Rebecca Neades from the Chamber of Commerce reiterated that their greatest concerns were for the multi-level large establishments but that the proposed ordiriance would also affect many small businesses. One of her largest concerns was for the cost to these small businesses. She emphasized that most of these businesses rent and the investment would be in buildings that they do not own. She said it is generous of the City to consider low or no interest loans but a loan is still a loan and, eventually, it has to be paid back. Safety is important but there is always a cost/benefit analysis and a balanced perspective is needed. She said they would be meeting with the general business population and that she was sure there would be many more questions brought up. She stated that the local government affairs committee would be meeting later in the month and that these issues would be discussed. They also invited staff and any members of the Board to attend to answer questions and make sure the facts are presented correctly. Fehr asked Jensen if any other jurisdictions had enacted similar requirements. Jensen answered that the Twin Cities had implemented them as well as many cities in the eastern half of the country. Boothroy addressed the Board to clarify that staff was not asking the Board to take any action at this meeting. Staff would be attending the Chamber meeting and would bring that feedback to the Board at the January meeting. It will also give the Board time to talk to other people or ask staff for more information. Roffman stated that now with more information the Board would need to look through the data and think about the issues. The next meeting was tentatively scheduled for January 8th, 2007. Haman stated that he would be gone for that date. He wondered if was possible to get more firm details on the level on financial assistance that Council would provide before a decision was made. Boothroy stated that Council will probably not have those details worked out before a decision was made. MOTION: Buckman moved to defer any recommendation concerning the proposed code changes until next meeting. Campion seconded. VOTE: The motion to defer was approved unanimously 7-0. OTHER BUSINESS: Buckman stated that his term was expiring at the end of December. Hennes said he had application papers for him if he was willing to serve a second term. ADJOURNMENT: Haman moved to adjourn the meeting. Gerard seconded. The meeting was adjourned at 5:15 PM. John Roffman, Board of Appeals Chairperson Date Board of Appeals Attendance Record 2006 NAME TERM EXPIRES Jan-06 Feb-06 Mar-06 Apr-06 Gary Haman 12/31/2007 X X NM NM Steve Buckman 12/31/2006 X X Doug DuCharme 12/31/2009 OlE OlE Tim Fehr 12/31/2008 X OlE John Roffman 12/31/2007 X X Chad Campion 12/31/2008 X X AI Gerard 12/31/2010 X X KEY X = present o = absent OlE = absenUexcused NM = No meeting _ = not a member Board of Appeals Attendance Record 2006 May-06 Jun-06 Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 NM NM NM NM OlE NM NM x x OlE x x x x x x x x x x MINUTES lOW A CITY HUMAN RIGHTS COMMISSION TUESDAY, December 19,2006 LOBBY CONFERENCE ROOM, CITY HALL FINAL (]:: Members Present: Bev Witwer, Sara Baird, Paul Retish, Scott King, Martha Lubaroff, Kate Karacay, Geoff WiIming, Sehee Foss, Lisa Beckmann. Staff Present: Stefanie Bowers Others Present: Dorothy Simpson-Taylor Call to Order Beckmann called the meeting to order at 7:00 p.m. Consideration of the Minutes Dithe November 28.2006 meetinlZ MOTION: Witwer moved to accept the minutes as submitted, and Baird seconded. The motion passed on a vote of9-0. : Dorothv Simoson- Tavlor Simpson-Taylor, Resource Director of the Office of Equal Opportunity at the University ofIowa, discussed the various programs she has coordinated to aid the community towards tolerance and understanding. The Connnission formed a sub-connnittee (Baird, Lubaroff and Witwer) with Simpson-Taylor to develop joint programs between the two offices. Youth A wards Connnissioners voted to hold the Awards on April 24. MOTION: Witwer moved to accept the date and King seconded. The motion passed on a vote of 9-0. Human Rights Breakfast Speaker and Date Connnissioners picked two dates-October 18 or October 25 to possibly hold the Breakfast and also developed a list of possible speakers. Bowers will look into the availability of the selected speakers. International Non-Native Speakers Pamphlet King hopes to have final copies available to distribute at Cultural Diversity Day in February. Relational AlZQ:ression Event could not be held at the Iowa City Public Library because the producers of the program plan on charging admission. Connnissioners would like to give small financial scholarships to those who would like to attend but will defer voting on the financial amount because more information is needed from the producers. Commissioners voted to name these scholarships after past Coordinator Heather Shank. MOTION: Wilming moved to name after Shank and Lubaroff seconded. The motion passed on a vote of9-0. Read Cases Commissioners read two cases. ReVOlts of Commissioners Relish reported on the economic difficulties of students in the Iowa City Community School District. Witwer discussed how she would like to bring visibility to Regency and the persons who live there. Wilming reported on the homeless overflow program conducted by local churches. Ad;ournment There being no further business before the Commission, Beckmann moved to adjourn. Retish seconded and the meeting was adjourned at 8:24 p.m. Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2006 (Meetin" Date TERM NAME EXP. 1/24 2/28 3/28 4/25 5/23 6/27 7/25 8/22 9/26 10/24 11/28 12/19 Lisa Beckmann 111/07 X X X X NMN X X X X NM OlE X Q Paul Retish 1/1/07 OlE X X OlE NMN X X X X NM X X Q GeoffWilming 1/1/07 X X X X NMN OlE OlE X OlE NM X X Q Sara Baird 1/1/08 X X X X NMN X X X X NM X X Q Bev Witwer 1/1/08 X X X X NMN X X X X NM X X Q Scott King 1/1/08 X X X X NMN OlE X X X NM X X Q Martha 1/1/09 X X X X NMN OlE OlE OlE X NM X X Lubaroff Q Sehee Foss 1/1/09 X X X OlE NMN OlE OlE X OlE NM X X Q Kate Karacay 1/1/09 X X X OlE NMN X X X OlE NM X X Q :~, x = Present. o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum 'KEY: ~' 2 C[ MINUTES FINAL City ofIowa City Animal Care Task Force December 21, 2006 ~ 7:00 P.M. Meeting Room A -- Iowa City Public Library Call to Order: Meeting called to order at 7:00 p.m. Members Present: Jane McCune, Teresa Kopel, Paula Kelly, Pat Farrant, Lisa Drahozal Pooley Members Absent: None Staff Present: Misha Goodman, Susan Dulek Others Present: Roxanne Schomers -Pat Farrant was nominated as committee chair by Teresa Kopel, seconded by Paula Kelly. Pat was unanimously approved as committee chair. -Lisa Drahozal Pooley was unanimously approved as secretary. -Location was discussed. The Library was chosen as the preferred location and it was determined that we can reserve space at the library well in advance. -It was agreed that meetings will run for one and one half hours unless there is a compelling reason to go shorter or longer. -Misha Goodman discussed the history behind the creation ofthe task force and the purpose of the task force, which is to generate ideas on dealing with regional issues and present these ideas to the community and the Iowa City City Council. The regional issues can be summed up as follows: 1) reducing the population of animals (If we reduce the population, there will be fewer animals coming in to the Animal Center. Ifwe can ID animals more readily, they will go back out more quickly. Animals are coming into our community through other outlets outside our county - through puppy mills, pet shops, rescues), 2) making sure animals are well cared for/providing education, 3) lower costs for the community. 1 Issues/Ideas discussed -How to reduce the overpopulation of animals in Johnson County -How to increase education, including behavioral education -Anti-tethering ordinances -Microchipping ordinances -Allowing microchipping at the Animal Center for the public -Spay/neuter ordinances (Animals sold at pet stores are not spayed/neutered) -How to identify and thereby track the origin of Animal Center animals -Increasing fees (breeder permit, unaltered license fees, differential fees for profit making entities with permits) -How to get information out to the Hispanic population -Foster care rules changing at the state level (another factor that will affect where animals will go) -Puppy mills in Johnson County, stopping mass production of pet animals in county -Handicap accessibility in the Animal Center -Regional sheltering as an option -Educational materials for landlords -Next meeting will be 7:00 pm on Thursday January 18th, 2006. Location will be the IC Public Library. -Agenda for January 18th meeting: I. Set meeting times and dates (bring calendars!) 2. Set attendance expectations 3. Goal setting 2 c;: APPROVED MINUTES PLANNING AND ZONING COMMISSION DECEMBER 21,2006 - 7:30 P.M. EMMA J. HARVA THALL - CITY HALL CALL TO ORDER: Brooks called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Dean Shannon, Beth Koppes, Charlie Eastham, Ann Freerks, Terry Smith, Bob Brooks MEMBERS ABSENT: Wally Plahutnik STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL (become effective onlv after separate Council action): Recommended approval, by a vote of 6-0 (Plahutnik absent), REZ05-00025/SUB06-00020, a rezoning to amend the Planned Development Overlay and preliminary plat for the Peninsula Neighborhood, a 118-lot, 35.5 acre residential subdivision located on Foster Road. Recommended approval, by a vote of 6-0 (Plahutnik absent), VAC06-00006: to vacate a portion of McLean Street between Hutchinson Avenue and Lexington Avenue subject to utility easements if necessary. Public Discussion of Anv Item not on the Aqenda No discussion. Rezoninq/Development Item REZ05-00025/SUB06-00020: Discussion of an application submitted by the Peninsula Development Company for a rezoning to amend the Planned Development Overlay and preliminary plat for the Peninsula Neighborhood, a 118-lot, 35.5 acre residential subdivision located on Foster Road. Miklo commented that the Peninsula Neighborhood overlay was approved in May of 2001. It includes a map that illustrates the various types of residential lots and what can be built on them. It also has specifics on height and setback limits as well as general design standards. The plats for Phase 1 and 2 were approved in 2003. The applicant is now requesting amendments to the plan. The most significant amendment is McCleary Lane which was originally proposed to be a pedestrian walkway between Canton Street and Ball Street. The original plan included 12 small bungalow lots and an alley which would run behind them for access. The lots were approximately 1/3 of the size of any other lots. The applicant has proposed to replace the twelve bungalow lots with three single-family lots on Canton Street and one lot with four townhouses on Ball Street and add an additional townhouse to an existing lot. Given the small size of these lots the applicant has marketing concerns in mind with these changes. The proposed change is compatible with the design of the rest of the lot. The applicant is also proposing two changes to the neighborhood code. The current code includes 8 building types, ranging from single-family homes to apartment buildings. The applicant has setback requirements in place for each of the building types. The applicant is proposing to add two new building types. The bungalow is proposed for lots 73-75,31, 35, 42, 47, 46, and 50. These lots would also have the option of the cottage building type which has already been approved. This proposal is to allow a garage to be attached directly to the back of the house. The other units have a detached garage or a garage attached with a breezeway. There would be a 20 foot driveway on the back of the lot. The other building type is a multi-family building. There have already been several multi-family building plans approved including the townhouse, rowhouse, and small apartment building. The garage or parking would likely be under the building instead of at the rear of the lot. The plan has always included Planning and Zoning Commission December 21, 2006 Page 2 apartment buildings on outlots U (up to 2 36 unit buildings) and 0 (number of units has not been determined). The staff feels that this is appropriate and would recommend approval. There are a number of minor revisions to the plan, including the elimination of Phase 5 (17 single-family lots which would be added to Phase 2A so they could be built sooner with the demand being for larger lots), minor changes to Lots 54-55 (there is currently a shared driveway but for topographic purposes, they would i1ke to have Lots 55 and 56 share a driveway and have Lot 54 have its own), Lot 7A (Phase 1) would be eliminated and added to the adjacent lots to make them slightly wider, and the setback for lots 99-109 would be increased from 7 feet to 12 feet. Staff would recommend approval of all amendments to the plan. Freerks clarified the location of the bungalows (Lots 73-75, 31, 35, 42, 46, 47, and 50). Mikio responded that the bungalows would be added on corner lots where alleys connect with the streets. Eastham asked Miklo to comment whether the specifications of multi-family and bungalow building types meet with the no step entrance requirements to the front and rear of the building. Miklo responded that the apartment building would have to be ADA compliant and would require ramps to get to the first story of the building. The bungaiows would be at the discretion of the homeowner. Brooks asked if the Commission was approving the elevation of the drawing on Miklo's presentation. Mikio responded that the Commission was not. Brooks opened the public discussion. Kevin Morrow, Peninsuia Neighborhood project manager, said that they feel that these amendments are favorable to the overall project. The applicant has an interest in the overall profitability of the development and feels that these changes would make the project more marketable. They have had interest in iarge single-family lots in Phase 5 and they would like to incorporate them into Phase 2. They are similar to Oakmont Estate lots, which are just north and have done well. They feel that these changes would provide more options for prospective homeowners who may want more space. The applicant feels that the McClearly Lane small houses style was never going to be very marketable because of its small square footage. He hopes that the Commission agrees that these proposed changes are improvements. Brooks asked about the mix of housing in terms of affordability. He seems that the housing is generally iess affordable if you take away the small cottage. He asked what the applicant was doing to replace the lower income housing. The applicant responded that there are more attached units that will be built in the future. Their drive in the past year has been to make the single family home more affordable. The first houses that were built were built above market prices and they have been making changes to them to make them more marketable. He feels that changes can be made on the inside and outside of the houses to make the homes more affordable but still marketable. The homes that have sold have sold between $258,000 and $300,000. Homes are available now that start at just over $200,000. Caroline Beyer, 1227 Swisher Street, is concerned that the addition of any further rental units would be detrimental to her position as a homeowner. She feels that there are already several rental units. She feels that the area and the access road are too small for the dense population that is proposed. She would like to know if these changes would increase the number of rental units in the area. Miklo responded that the City does not control whether a unit is rental or not. He stated that multi-unit buildings were always intended and were established by the original plan. This adjustment simply provides more specification for those building types. Beyer then asked about the bungalows. Beyer likes the idea of combining the lots to create three single-family homes but she does not understand why you would add the townhouses. Miklo responded that the original plan had townhouses at the north and south end of the block and this change is simply filling in the balance with the same building type. This is a common practice in zoning. It's not a requirement, but a common practice. There were two strips of bungalows facing each other that would be replaced. Five townhouses would replace six bungalows. There will be three single-family homes to replace the other six bungalows. The building type and size will match what is on the other side of the street. Beyer now has a better idea of what the changes will be. Planning and Zoning Commission December 21, 2006 Page 3 Brooks closed the floor for public discussion. Motion: Smith made a motion to approve REZ05-00025/SUB06-00020, a rezoning to amend the Planned Development Overlay and preliminary plat for the Peninsula Neighborhood, a 118-lot, 35.5 acre residential subdivision located on Foster Road subject to staff approval of the multi-unit site specifications. Freerks seconded. Eastham stated for the sake of transparency that he is the President of the Board of the Housing Fellowship (non-profit which develops low-cost housing with the Iowa City Housing Board) who built 17 of the homes in Phase 1 of the Peninsula Neighborhood. They have no immediate interest in anything in Phase 2 or 3. Eastham stated that the goal of residential housing in the City is mixed housing types and mixed incomes which necessarily include rental housing. The original Peninsula Neighborhood plan was set to accommodate up to 10% lower income families. Eastham is delighted to see that there is rental housing available in the Peninsula Neighborhood. Freerks feels that this is an improvement to the plan and will make the neighborhood better. She appreciates Caroline Beyer's concerns due to her investment in her home but feels that the general outcome will be better. Brooks feels that this is a good improvement but is concerned that a level of affordable housing is a continuous goal. He encouraged the developer to continue to be interested in affordable housing. Shannon responded that he feels it's important that housing remains affordable but does not feel that you can put a cap on the number of rental housing in a neighborhood. He feels that if the neighborhood becomes too heavily a rental neighborhood, the neighborhood changes. He feels that the homes should be available to those who can buy them. He feels that people who rent do not have the same stake in keeping up the neighborhood as those who buy. Motion carried unanimously (6-0, Plahutnik absent). Development Item SUB04-00011: Discussion of an application submitted by John Oaks for a preliminary plat of Lyn-Den Heights Part III, a 40-lot, 38.5 acre residential subdivision located on Rapid Creek Road NE. The applicant requested that this item be deferred to the January 18, 2007 meeting. Motion: Smith made a motion to defer SUB04-00011: Discussion of an application submitted by John Oaks for a preliminary plat of Lyn-Den Heights Part III, a 40-lot, 38.5 acre residential subdivision located on Rapid Creek Road NE to the January 18, 2007 meeting. Freerks seconded. The motion carried on a vote of 6-0 (Plahutnik absent.) SUB06-00021: Discussion of an appiication submitted by First American Bank for a final plat of First American Bank Addition, a 2-lot, 3.38 acre commercial subdivision located at 640 Highway 1 West. The applicant requested that this item be deferred to the January 18, 2007 meeting. Motion: Smith made a motion to defer SUB06-00021: Discussion of an application submitted by First American Bank for a final plat of First American Bank Addition, a 2-lot, 3.38 acre commercial subdivision located at 640 Highway 1 West to the January 18, 2007 meeting. Freerks seconded. The motion carried on a vote of 6-0 (Plahutnik absent.) Vacation Item Planning and Zoning Commission December 21, 2006 Page 4 VAC06-00006: Discussion of an application submitted by Kevin O'Brien to vacate a portion of McLean Street between Hutchinson Avenue and Lexington Avenue. Miklo stated that McClean was platted several years ago but was never built. Each adjacent owner would purchase the part of the lot adjacent to their lot and it would be added to their lot. The plat has rugged topography and would not serve much use as public open space given its size. There are no public utilities on the right of way. There are some gas lines which may require easements for the utility company unless they are only service lines. Given that the right of way is not necessary for public street access or emergency use, staff would suggest that it be approved subject to public utility easements, if necessary . Eastham asked what would happen if one of the property owners decided not to follow through with the buy-out. Miklo responded that other adjacent owner would be able to buy the parts that were not purchased by the owner who backed out. Behr stated that there would have to be binding commitments and a specified price for the purchase to go through. Freerks asked who was maintaining the land at this point. Miklo responded that the adjacent property owners have been maintaining the land. Freerks asked the approximate dimensions of the land. Miklo estimated that the land was 50 feet wide, 150-200 feet deep adjacent to each lot. Brooks asked if there were existing easements for the private driveways. Miklo stated that there were not and Brooks confirmed that the property owners built their private driveways on the City right of way. Smith asked if there was a conflict of interest because he is an employee of a public utility company. Behr responded that there was not because vacation is always subject to public utility easements. Brooks opened public discussion. Robert, one of the applicants, stated that he was in favor the vacation. Brooks opened and closed public discussion. Motion: Freerks motioned to approve VAC06-00006: to vacate a portion of McLean Street between Hutchinson Avenue and Lexington Avenue subject to utility easements if necessary. Eastham seconded. Freerks stated that this application meets all requirements of what is looked at for a vacation application. Behr confirmed that the purchase price would be determined by the assessed value of the adjacent lots. Motion carried unanimousiy (6-0 Plahutnik absent). Other Items Discussion of Planning and Zoning Work Program. This item will be postponed to the January 18, 2007 until all members of the Commission are present. Consideration of the November 27. 2006 and December 7. 2006 Meetinq Minutes Motion: Smith motioned to approve the November 27 and December 7,2006 Meeting Minutes. Koppes seconded. Motion carried unanimously (6-0, Plahutnik absent). Adiournment Motion: Smith motioned to adjourn. Koppes seconded. Motion carried unanimously (6-0, Plahutnik absent). Meeting adjourned at 8:08 p.m. Planning and Zoning Commission December 21, 2006 Page 5 Minutes submitted by Megan Weiler. Iowa City Planning & Zoning Commission Attendance Record 2006 FORMAL MEETING Name 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 9n 9/21 10/5 10/19 11/16 11/27 12/7 12/21 Brooks X X X X X X X X X DIE X 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 X Freerks X X X X X DIE X X X DIE X X X X X X X X X X X X KODDes DIE X X X X X X X X X DIE X X X X X X X X X X X Plahutnik X DIE X X X X X X X X DIE DIE X X X X X X X X X DIE Shannon X X X DIE X X DIE X X X X X X DIE 0 X X X DIE X X X Smith X X DIE X X X X X X DIE DIE X X X X DIE X DIE X X X X INFORMAL MEETING Term Name Expires 2/13 2/27 4/17 5/15 7/17 7/31 8/14 9/18 10/2 11/13 12/18 B. Brooks 05/10 X X X X X X X X X X OlE C. Eastham 05/11 -- --- -- X X X X X X X X A. Freerks 05/08 X X X X X X X X X X X E.KoDDes 05/07 X X X X X X X X X X X W Plahutnik 05/10 X X X X OlE OlE OlE X X X X I D.Shannon 05/08 OlE 0 OlE X X X OlE X X X X T. Smith 05/06 X X X OlE X X X OlE X X X I Key: I X = Present 0 = Absent I OlE = Absent/Excused I I I I I I I I c:: APPROVED MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, NOVEMBER 16, 2006, 6:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL Call to Order: Meeting called to order at 6:40 P.M. Members Present: Jerry Anthony, Steve Crane, Marcy DeFrance, Holly Hart, Matthew Hayek, Thomas Niblock, Brian Richman, Michael Shaw Members Absent: None Staff Present: Tracy Hightshoe Others Present: Blake Mosher RECOMMENDATIONS TO COUNCIL (become effective onlv after separate Council action): None Approval of the October 19. 2006 Meetino Minutes Hayek moved to approve the minutes as submitted. Hart seconded, and the motion carried on a vote of 8-0. Public Comment of Items Not on the Aoenda Anthony said there was a regional Housing Summit on November 14, organized primarily by the Housing Trust Fund of Johnson County, but also with involvement from other groups. There were approximately 100 people in attendance. The keynote speaker was the CEO of the Silicon Valley Leadership Council, which helped raise funds for affordable housing in that area. Anthony said this is also the National Hunger and Homelessness Awareness Week. The Local Homeless Coordinating Board is sponsoring several activities for this the week. There was a hunger panel organized on the 15th and there is a Sleep Out on the 18th on the corner of Southgate and Waterfront. This is being coordinated by the Johnson County Local Homeless Coordinating Board. They had planned to do a Homeless Simulation on the 18th, but that has been cancelled. Crane asked how the summit went. Anthony said it went very well. The speaker had a lot of ideas and stated that for him the pursuit of affordable housing was a matter of enlightened self interest as well as for many partners in his community. His company was competing with College Station, TX, for new IT graduates out of college. College Station has very low housing costs compared to their region making first time homeownership very expensive and difficult. To compete with competitors outside the region, it became necessary to begin providing affordable housing in the Silicon Valley area to be able to recruit and retain their workforce. Hightshoe said the average housing price in Silicon Valley was over $800K per unit. Anthony said College Station's average was $180K. Housing and Community Development Commission Minutes November 16, 2006 Page 2 Hightshoe said Council appointed Andy Douglas to HCDC on the 15th He will likely attend the next meeting. New Business Discuss and Review FY08 CDBG/HOME Funding Process Timeline Hightshoe noted that the meetings for the upcoming year do not always fall on the third Thursday of the month during the allocation period. In March the schedule was modified to avoid the University's spring break. Hightshoe said there are two meetings in March; the meetings will be on the 8 and 22od. Also, the February meeting is on the 220d due to scheduling difficulties with meeting rooms. Thus the meetings in February and March will not fall on the third Thursday. She asked the commission members to double-check their calendars and make adjustments as needed. Shaw asked whether any of the meeting dates were on Wednesdays. Hightshoe stated no, there were no HCDC meetings scheduled on Wednesdays. In the schedule, there may be some due dates for ran kings forms and other matters on days other than Thursdays, but not HCDC meetings. Crane asked if two meetings in March are typical. Hightshoe said yes, those are the meetings when final decisions on funding allocations are made. The first meeting is a review of all the requests and available funds, while decisions are made at the second meeting. The recommendation made at the second meeting is then forwarded to council. Niblock asked how likely it is that the April 30 meeting will happen. Hightshoe said it has not been needed in the past few years. There have been times that commission members have attended council meetings to give additional information as to the rationale of what was funded or not funded. A separate meeting with council is not common. Crane asked if the two applicant workshops have only four commission members in attendance. Hightshoe said those meetings are for the applicants and staff; however they are open to commission members. HCDC members do not need to attend unless interested. She said the schedule includes the entire process, not just the HCDC meetings. HCDC members can attend council meetings or the applicant workshops, but it is not required. The timeline gives HCDC members knowledge of the entire process and what needs to happen at what time. Some of the deadlines, such as for the justification memo, are usually dealt with in a subcommittee. Anthony asked if a vote is needed on the timeline. Hightshoe said no, the commission only needs to review it. Hightshoe stated that the application forms stayed the same from last year except for the addition of a question regarding identity of interest issues. Joint financial interests are legal, but must be disclosed. Shaw asked what happens if this information is not disclosed. Hightshoe said it might raise questions or complicate other issues, even though it is legal, if it is not disclosed before the funding is granted. An example would be that the owner or general partner is also the construction company. If a problem develops it would look bad to the public that the arrangement was not disclosed. It also helps when monitoring/evaluating the project to ensure each relationship is an arms length transaction and that poor performance will lead to sanctions or contract termination. Approve FY08 CDBG/HOME Application Materials Hightshoe said there is more money available this year for allocation as there was more program income than expected as well as the $89,000 in HOME funds that was not allocated last year. The council discussed the Economic Development Fund at a recent work session. There is currently $245K in the fund with a potential of an additional $75K added as a previous CDBG recipient may decline the award. If this happens, there will be approximately $320K in the fund. Council decided not to put a set-aside into economic development for FY08. The Housing and Community Development Commission Minutes November 16, 2006 Page 3 Council is looking to amend CITY STEPS by approving a resolution that states 15% of the CDBG entitlement be reserved for economic development activities unless the fund's balance is $250K or over. If the fund's balance is over this amount, no additional funds will be allocated that fiscal year. Staff anticipates that there will be no economic development set-aside in FYD8. Hightshoe said staff will initiate a 3D-day public comment period for this change. She said she would be giving the commission an update regarding when the comment period begins, but that it should be resolved before the allocation meetings in March. Anthony asked when council made this decision. Hightshoe said council discussed it at a work session and directed staff to proceed. They will officially review it at a Council meeting after the 30-day comment period. CITY STEPS requires a 30 day public comment period and Council action for any substantial amendment to the plan. Anthony asked if the 15 percent would be calculated from both CDBG and HOME funds. Hightshoe said the 15 percent will be calculated from CDBG only. Anthony confirmed that is an additional change from previous practice. Hightshoe said yes. She stated that for the years when no additional funds are allocated to the Economic Development Fund, the question is where to allocate those funds. Only two areas remain that are not limited by federal caps: housing and public facilities. Hightshoe said in the applicant guide the ED funds were distributed to the housing and public facility categories by the pro-rated percentages that are in the existing plan. Richman asked if the total includes the money that was not allocated last year. Hightshoe said yes. Crane asked if there were many requests for economic development funding last year. Hightshoe said there were two applications. One was denied and the other was referred to landfill reserves. Crane questioned if the issue is getting the word out about the availability of funds. Hightshoe said yes, that is one of the reasons. Hightshoe said the council Economic Development Committee recently revised the application form, so it looks like more like a small business administration (SBA) application form. The council approved the new application and staff will begin to market the fund to area lenders and the public. They hope to get some qualified applicants soon. Richman asked if there is a place on the housing application that specifically requests a pro forma. Hightshoe said yes, it's on the housing application. It states for rental housing applications a pro forma must be submitted with the application. Hightshoe said there is more money to allocate for Public Facilities and Housing, but not for Public Services. Anthony said it is a little more than last year. He asked what council decided to do with the Public Services allocation. Council had asked for HCDC input on the issue. Hightshoe said status quo for now. That was the commission's recommendation. Hayek asked if the balance could be put into Aid to Agencies. Hightshoe said that was discussed at the HCDC meeting, but the recommendation was to leave things as they were. The commission wanted to be able to fund new projects coming in, which is more difficult to do through the council process. Hayek said some of the most interesting applications come in for that category; it's just a very small amount to divide up. Hightshoe suggested having a resolution to approve the timeline and application materials unless there is more discussion. Housing and Community Development Commission Minutes November 1S, 200S Page 4 MOTION: Shaw moved to approve the FY08 CDBG/HOME Funding Process Timeline and application materials (including the proforma for rental housing applications). Richman seconded, and the motion carried on a vote of 8-0. Old Business Discussion of the FY06 Downpayment Assistance Project Hightshoe said these funds were allocated in fiscal year 2006 for downpayment assistance. They have not been used to date. The commission discussed various options at the last meeting and needs to decide what to do with the money. The options include a recommendation to council to continue the program, change it, or recapture the funds for reallocation for FY08. Hightshoe said there have been no applications, which is likely attributed to a number of reasons. As discussed at the last meetings, possible reasons include: assistance can't be used for housing built before 1978 due to lead based paint, aggressive lenders that offer 100% financing, interest only loans, no down payment, etc, the availability of first-time homeowner programs, the maximum amount allowed in the program is only $5K, and it is a loan rather than a grant. Shaw asked if there was any chance some of those issues might change in the future, such as lenders being less likely to finance 100%. Crane said it is unlikely, since it is very easy now to get total financing from various places. Anthony asked how much was awarded to the program. Hightshoe said $30K. Anthony asked if the maximum amount was increased if the program might work. Hightshoe said it may help, but not change other barriers such as the home must be built on or after 1978. A lot of affordable homes were built before 1978. Anthony confirmed that the money could be used for any type of housing, not just single-family. Hightshoe said yes. Hayek said it seems like being able to get $1 OK for a $100K condo would make a difference. Richman asked what other concerns people have expressed with this program. Hightshoe said people do not like that they have to pay it back when they resell the home, or within 20 years. DeFrance asked about the interest rate. Anthony said zero. Crane said if the amount awarded was higher it might make more sense to take the program funding for a zero percent loan on a condo, as Hayek was suggesting, however the bank would most likely finance 100% of the loan. There is not a lot of incentive to refer clients to this program from a lender's standpoint if they are able to provide full financing. Hightshoe stated Hills Bank currently administers the program. Many lenders may not want to refer their clients to a different bank for incentives or assistance. Richman said the program makes sense from the standpoint of borrowing $6K at zero percent versus $6K at the current percentage rate. Crane said yes, from an economic perspective, this program would save people money, but the bank makes it so easy to go through them. Shaw said first-time home buyers are going to go with the simplest process possible. Crane said it is likely a matter of public education about the availability of the funds. Hightshoe said when the first down payment assistance program was offered, which was a conditional grant, it took six years to allocate all the funds. DeFrance asked if the city has a lien on the property with this program. Hightshoe said yes, the city places a mortgage on the property. When it is sold, the loan is repaid. DeFrance asked if there is a lien on the property already would the owners be able to get a second mortgage, or would the lien show up and prevent it. Crane said the lien would be already in a second mortgage behind the bank. DeFrance confirmed that the lien would have second position on the home. Any additional mortgages would be in third or fourth position. Housing and Community Development Commission Minutes November 16, 2006 Page 5 Crane said yes. DeFrance asked if the bank would frown on something like that. Crane said yes, most banks would prefer the borrowers to repay the debt in position before their loan even if that meant the borrower repays a 0% loan in exchange for a loan with a much higher interest rate. DeFrance said having a lien on a home does not make sense long term if the homeowner would want to make improvements and need an additional loan in the future. Crane said the purpose of this program is to get people into homes, while improvements are another issue. He said the program is a good idea if the amount is high enough and people know about it. DeFrance asked how the program has been marketed. Hightshoe said a few press releases went out, letters to area lenders sent and Hills Bank, the project administrator planned on doing some marketing. Hightshoe stated the bank may have done some marketing of the fund, but she wasn't aware of the pUblicity done by the bank. Hightshoe stated although Hills administers the program, they have not referred anyone to the program yet. Crane said if the amount was higher and resulted in a lower bank loan, the interest rate will be better. Hightshoe said it is feasible to increase the amount. Hightshoe said when the program was started, letters were sent to local banks and they did get some calls from lenders. Banks do have turn over so it is possible that several current lenders do not know about the program. Hayek asked if there is a CRA benefit to the bank to do this. Hightshoe said yes. It could have been a possible reason. Crane said if the house is located in a low-income area, there would be a CRA benefit. Hightshoe said in terms of consumer education, they have rehab loans that have conditional occupancy requirements that put a lien on the property but does not require repayment until the house gets resold. Despite the lenient terms, some homeowners will get a home equity or other loan and repay the zero percent loan with an interest loan. The city can't refuse to allow people to payoff their loans, despite the financial savings of the 0% loan and no payments until the house is sold. Richman asked for confirmation that if the money is recaptured it goes into the allocation for this year. Hightshoe said yes. Richman asked if she had any indication from developers or others about who might be planning to apply. Hightshoe said she received calls regarding two possible HOME eligible projects. Both were for transitional housing. One was looking for rental acquisition of 3-5 units and the other for a building that would allow single room occupancy (SRO) housing. There are not many places in the city that are zoned for SRO housing. SRO for transitional housing is allowed only in RS-12 or greater density zones. It may only be allowed in some commercial zones by special exception. Hightshoe said the city might come in with a HOME application as well. Staff will be informing area housing providers about the proposed changes to the investment policies that will allow more flexible terms. Anthony asked if that has been approved. Hightshoe said it formally goes before council after a 30 day public comment period, but the council reviewed it favorably at their work session. Anthony asked if the amount could be increased this year after the applications are received but before the final allocations are made. For example, if the commission does not decide to recapture funds from the down payment assistance program, but decide to do so in February, could it be added to the available funds. Hightshoe said yes, as long as it is done by January, but the recommendation to recapture does have to go before council. Richman said the commission has discussed this program two or three times already and the program is apparently not being marketed. Anthony said maybe it could be increased and given Housing and Community Development Commission Minutes November 16, 2006 Page 6 a few months, and see if that generates any more activity. Hightshoe said the Housing Authority (HA) wanted to talk about some sort of home ownership program, though she does not have any details. Richman said doing something through a different venue would give the program more exposure. Hayek asked if the program is currently being done through the HA. Anthony said no. Hightshoe said it is only through the bank. Crane said if the banks do a first mortgage, they usually will go to a personal banker for the second loan. It is another incentive to keep the whole thing with the bank, which would be another reason not to use the banks for this sort of program later on. Anthony said going through the HA makes a lot of sense, since they operate the Family Self- Sufficiency Program, and try to transition people from rental status to home ownership. Hightshoe said the HA already has a tenant-to-homeowner program. She added that she knows only that the HA wanted to discuss potential applications, she did not know project specifics. Hightshoe said the commission could hold off on deciding until January, and she would talk with the HA to find out what they had in mind, and whether the program could roll over to be administered through them. She stated staff would have to review if this would constitute a substantial change and require a public comment period and council action. Anthony asked if the HA is a separate entity from the city. Hightshoe said yes in the fact that the federal government provides their funding. She thought that the funds received are routed through the city, but she is not sure. Hayek asked staff to check into shifting the program over to the HA, whether it is possible and they are willing. Monitoring Reports Iowa City Free Medical Clinic - Case Management Richman said he spoke to Sandy Pickup. The clinic is drawing down in equal monthly installments. They will have all funds drawn by June. The clinic had 470 clients in case management in FY06 and reported no reduction of patients since moving to the new facility. The only change to the program is tweaking some of the drug access programs they have with pharmaceutical companies. Every1hing else is going as planned. Shelter House - Outreach Coordinator Hayek said this was a $5K allocation to help fund a paid position at the facility. They have paid the amount internally but have not withdrawn it from the city. They have been busy with the Hunger and Homelessness Week activities that they have had trouble coordinating withdrawing the money. They offered to send more data on the number of beds. Hayek told them to just include it with their next application. No changes; this is a position that the commission funds almost every year, so no new information. Hightshoe added that Shelter House moved their administrative offices from Sycamore Mall over to Prentiss Street. ICHA - Tenant Based Rental Assistance Hart said she left messages with the contact, but has not heard back. Hightshoe said she does not think they have spent any funds for this program yet. The last conversation she had with the ICHA, they stated they have to utilize their vouchers before using TBRA, but she can find out more. Anthony asked for confirmation that they entered into the agreement by September. Hightshoe said it was not her project, but she was under the impression that they had. Wood Elementary - Playground Improvements Shaw stated the equipment is purchased and installed, but he does not know whether they have drawn any money yet. They are fundraising for additional pieces of equipment. Hightshoe asked if the flooring was out there yet. Shaw said no. Housing and Community Development Commission Minutes November 16, 2006 Page 7 Crane asked if a project does not use its funds, whether the money goes back into the fund for next year. Hightshoe said yes, it gets reallocated. Hayek said typically groups get a series of reminders and they end up using it eventually. Anthony asked how long they have to spend money. Hightshoe said the city gets measured on their timeliness with CDBG funds, so they usually pressure groups who receive those funds to spend them quickly. HOME funds must be utilized within 5 years. Hillel Student Center - FY06 Accessibility Hayek said he thinks the project is done, but was not able to talk with the contact person. The Housing Fellowship - FY05 Affordable Homeownership Anthony said he has details about several projects that have been funded. The Longfellow Manor Affordable Rental Project, for which they received $220K of city HOME funds, has been spent. The total construction budget was $931 K. They are constructing three duplexes, which are scheduled to be completed by November. The Housing Fellowship is currently advertising the units. Hightshoe said they are very nice units. United Action for Youth - FY05 Facility Rehabilitation Niblock said he was not able to talk to the contact person. He asked what the project was. Hightshoe said she believed it was to add an entrance, make the building accessible, replace windows, and add a childcare area. She said she thinks it is done, and suggested Niblock try contacting Theresa Ulin. Adjournment MOTION: DeFrance moved to adjourn. Hayek seconded, and the motion carried on a vote of 8-0. Housing & Community Development Commission Attendance Record 2006 Term Name Expires 01/19 02/16 03/09 03/23 03129 04/20 07/20 08/15 09/21 10/19 11/16 Brian Richman 09/01/07 X X X X X X X X X X X Holly Jane Hart 09/01/07 ---- -- -- -- -- -- -- ~- -- -- -- X X X X X Jerry Anthony 09/01/08 X X X X X X X X X X X Kelly Mellecker 09/01/08 OlE X X X X X X -- -- -- -- -- -- -- -- Lori Bears 09/01/07 X OlE X -- -- -- -- -- -- ---- -- -- -- -- -- -- -- -- Marcy De France 09/01/09 ---- -- -- -- -- -- -- -- -- -- -- X X OlE X X Matthew Hayek 09/01/07 OlE X X X OlE X X X OlE X X Michael Shaw 09/01/06 X X X X X X X X X X X Thomas Niblock 09/01/08 X X X OlE OlE X OlE OlE OlE X X William Greazel 09/01/06 OlE X X X X X X OlE X X X Yolanda Spears 09/01/06 -- -- X -- -- -- -- -- -- -- -- -- -- -- -- -- -- ---- ---- Key: X = Present I 0 = Absent OlE = Absent/Excused I NM = No Meeting -- -- = Not a Member lOW A CITY TELECOMMUNICATIONS COMMISSION FINAL MONDAY, DECEMBER 18,2006--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY Cf[ MEMBERS PRESENT: Saul Mekies, Nicholas Parker, Margaret Wieting, Gary Hagen MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy, Mike Brau OTHERS PRESENT: Beth Fisher, Kevin Hoyland, Josh Goding, Susan Rogusky, Phil Phillips, Brett Gordon, Lee Grassley, Michael McBride, Laura Lowe, Kevin Hoyland RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Grassley distributed an executive summary of Media com's position regarding the contract dispute with KGAN. Grassley said the summary outlined the five offers or positions that Mediacom has taken in attempting to come to an agreement. Sinclair has declined each of the offcrs and does not wish to trcat Mediacom as they have other cable operators such as Comcast and Insight. Sinclair appears to be taking a similar position with Time Warner as they have with Mediacom regarding about a million subscribers obtained in the Adelphia bankruptcy. Mediacom has reached out and increased their offers up to 75% above their initial offer. Sinclair initially demanded that payment be bundled to include all of their channels in all of their broadcast areas covered by Mediacom, which prompted Mediacom to file an anti-trust suit. Subsequent to that Sinclair became willing to negotiate on a channel-by-channel basis. The anti- trust suit will begin January II. Mediacom was able to bring the Quad City CBS affiliate to 14 Iowa communities, including Iowa City, following FCC rules. The CBS channel will be on channel 19 and channel 2 and the TV Guide channel will be moved to channel 75. Grassley noted that the dish providers have been paying for transmission rights for local broadcasters for the past few years. Mediacom offered to carry KGAN as an a la carte, similarly to the dishes. Mediacom has also offered to seek a resolution through binding arbitration but Sinclair has declined. Grassley said Mediacom is thc largest mcmber in the American Cablc Association and that it may be that Sinclair targeted Mediacom as part of a strategy to gain leverage against other small operators. If Sinclair could prevail against Mediacom the other members would havc a weaker negotiating position. Wieting asked if WHBF would be dropped if an agreement could be reached with KGAN and if rates will go up as a result of adding WHBF. Grassley said that WHBF will stay on the system even if an agreement ean be reached and that rates will not be inereased immediately but may in the future. Shaffer reported that at the direction of chairperson Mekies he has developed a power point presentation regarding the budget to be presented at the City Council budget sessions. Mediacom and Sinclair have agreed to have representatives appear on a program produced by the City Channel regarding their contract dispute. APPROVAL OF MINUTES Parker moved and Hagen seconded a motion to approve the November 27,2006 minutes. The minutes were approved unanimously. Parker moved and Hagen seconded a motion to approve the December 18, 2006 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hagen said there was an editorial in today's Press Citizen that seemed confused and lacking a central point and asked Shaffer if the Press Citizen had contacted him. Shaffer said that he talked with the Press Citizen at some length and it appears there were some things that the reporter may not have understood when he wrote the editorial. The editorial did have some useful information. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and noted that the number of complaints were down considerably. The Sinclair/Mediacom contract dispute continued to generate some complaints. All complaints that could be resolved have been. MEDIACOM REPORT Grassley distributed an executive summary of Mediacom' s position regarding the contract dispute with KGAN. Grassley said the summary outlined the five otTers or positions that Mediacom has taken in attempting to come to an agreement. Sinclair has declined each of the offers and does not wish to treat Mediacom as they have other cable operators such as Comcast and Insight. Sinclair appears to be taking a similar position with Time Warner as they have with Mediacom regarding about a million subscribers obtained in the Adelphia bankruptcy. Mediaeom has reached out and increased their offers up to 75% above their initial offer. Sinclair initially demanded that payment be bundled to include all of their channels in all of their broadcast areas covered by Mediacom, which prompted Mediacom to file an anti-trust suit. Subsequent to that Sinclair became willing to negotiate on a ehannel-by-channel basis. The anti- trust suit will begin January II. Mediaeom was able to bring the Quad City CBS affiliate to 14 Iowa communities, including Iowa City, following FCC rules. The CBS channel will be on channel 19 and channel 2 and the TV Guide channel will be moved to channel 75. The decision to move the TV Guide channel was based on the need to select a channel that could accommodate all of the 14 communities. If the KGAN dispute is resolved the Quad City channel will remain on the system. Hagen commended Mediacom for acquiring the Quad City channel and noted that the signal quality was not as good as other channels. Grassley said that the channel must be taken from an off-air source and that has degraded the quality. Grassley noted that the dish providers have been paying for transmission rights for local broadcasters for the past few years. Mediacom offered to carry KG AN as an a la carte, similarly to the dishes. Mediacom has also offered to seek a resolution through binding arbitration but Sinclair has declined. Grassley said Mediacom is the largest member in the American Cable Association and that it may be that Sinclair targeted Mediacom as part of a strategy to gain leverage against other small operators. If Sinclair could prevail against Mediacom the other members would have a weaker negotiating position. Wieting asked if WHBF would be dropped if an agreement could be reached with KGAN and if rates will go up as a result of adding WHBF. Grassley said that WHBF will stay on the system even if an agreement can be reached and that rates will not be increased immediately but may in the future. Hagen asked if Mediacom has considered adding the National Football League programming package. Grassley said that Mediacom has been negotiating with the NFL for seven months but the NFL insists on placement on the Family tier and Mediacom desires to put it on the digital tier. The NFL has signed agreements for digital carriage with half of their operators. Grassley eXplained that there are two digital tiers subscribers can choose. The NFL would be included in a digital tier that includes sports programming. Parker said the TV Guide Channel is listing programs on channels in the digital tiers and that digital subscribers have access to a separate program listing. Parker said Family Package subscribers likely find it annoying to sit through listings they can not get. Grassley said he would look into the situation. UNIVERSITY OF lOW A REPORT McBride reported that hc will have an annual report available for the January meeting. U of I television has been depending heavily on students and things are going quite well. PATV REPORT Goding distributed Board minutes from their last meeting. P A Tv recently held a tour for 6th graders from Hills elementary. P A TV will be closed from December 22 through January 2. Programming will continue during that period. The next Guidelines class will be January 7 from 12-2 p.m. KIRKWOOD COMMUNITY COLLEGE REPORT Shaffer said that he received an email from O'Brien stating that he would be unable to attend. O'Brien did forward some positive comments he received about their programming. Hagen noted that when Kirkwood first began programming that it was primarily used for educational purposes and now it appears to be primarily used for entertainment purposes, particularly old movies and television programs. Mekies said that Kirkwood does use the channel for academic purposes such as cablecasting events and activities at Kirkwood. The Kirkwood channel is programmed full time and doesn't waste programming time with down time. It is important that access channels make full use of the programming time they do have for the continued community support they need to be successful given the shortage of channel space on the basic tier. SENIOR CENTER REPORT Rogusky distributed SCTV's program schedule. Over the past month SCTV programmed many of the holiday season programs held at the Senior Center. City Cable Division staff will be shooting and cablecasting 2 programs live on channel 5. IOWA CITY COMMUNITY SCHOOLS REPORT Hoyland said Laura Lowe the school's new web/video specialist, will start work January 2. If the sales tax passes funds will be available to the school channel. Mekies suggested that Lowe meet with Bob Hardy to discuss recommendations and steps that could be taken to improve the channel and work with the other access channels. LIBRARY REPORT Fisher distributed a document demonstrating the library's new block scheduling format. The new digital server went online December I and is working well. Wieting asked how this scheduling format information will be made available to the public. Fisher said that there will be a brochure created, a page on the library's web site, and promoted on the channel itself. CITY MEDIA UNIT REPORT Hardy reported that the Media Unit and the Community Television Service have been a bit slower as expected during the holiday season. The CTS will be taping a promotional piece for a fundraiser held by the Mental Heath Center. The CTS also met with United Action for Youth to develop a promotional piece. Among scheduled productions in January are an American Association of Retired Persons forum addressing priorities for the 2007 Iowa General Assembly, a program on the city budget hosted by FAIR, an Emma Goldman Clinic annual dinner. CABLE ADMINISTRATOR REPORT Shaffer reported that at the direction of chairperson Saul mekies he has developed a power point presentation regarding the budget to be presented at the City Council budget sessions. Mediacom and Sinclair have agreed to have representatives appear on a program produced by the City Channel regarding their contract dispute. MEDIACOM/SINCLAIR DISPUTE Mekies noted that this item was discussed under previous agenda items. LEGISLATIVE, FCC, AND LEGAL UPDATE Mekies said that the meeting packet contained a number of materials regarding legal developments. Shaffer said the City will continue to be active working with national organizations on these issues which challenge the city's authority over video providers. P A TV is working with the City on identifying and contacting towns in Iowa regarding their access operations and to be prepared for grassroots action for state legislative action. The City's filing with the FCC regarding their proposed change in video franchising rules is included in the meeting packet. WI-FI Mekies said that at the last meeting the Commission agreed to compile a list of free Internet hotspots in the area and list them on the Cable TV Division's website. Additionally, a letter could be written to the City Council asking that. the list be included on the City web site. Mekies asked for Commissioners to identify places and address that have free access. Iowa City appears to have a number of free access points and this should be promoted. Shaffer said that City Cable Division staff has been working to develop a list. ADJOURNMENT Parker moved and Wieting seconded a motion to adjourn. The motion passed unanimously. Adjournment was a 6:29 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Date Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusaek 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 meet Did not meet .--.---- X X X X X i 12/20104 i X ---- 1/24/05 X X X X ~!05 X X X X Garv Hallen 3/8105 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 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 1123106 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. Wietinll ole X 9/25/06 x x x Ole X 1 0/23/06 x X x ole X 10/30/06 x x x vacant X 11/27/09 x x x X 12.18/06 X X X X Brett Gordon 1/22/07 X X X X x (X) = Present (0) = Absent (O/C) = AbsenUCalled (Excused) ~ Iowa City ~Public Library G[ MINUTES Iowa City Public Library Board of Trustees Regular Meeting Thursday, December 21,2006 FINAL APPROVED Members Present: Thomas Dean, William Korf, Thomas Martin, Mary New, Meredith Rich- Chappell, Dave VanDusseldorp Members Absent: Linzee McCray, Pat Schnack, Leon Spies Staff Present: Barb Black, Maeve Clark, Susan Craig, Debb Green, Kara Logsden, Heidi Lauritzen, Patty McCarthy, Elyse Miller, Hal Penick Call to Order: Dean called the meeting to order at 5:04 PM in McCray's absence. Public Discussion: No public discussion. Approval of Minutes The minutes of the regular meeting' of November 16, 2006 were approved. New/Korf. 6-0. Unfinished Business Leased Space/Realtor Contract Craig spoke to Hanick and he is hopeful that the University is close to making a deal. Hanick's contract expires on December 28, 2006. Dean reminded the Board that it said that this would be Hanick's last extension. Craig recommends an extension until April 2007 since a serious client is interested. VanDusseldorp suggested extending the agreement VanDusseldorp made a motion to extend the contract with Kevin Hanick of Lepic Kroeger until April 28, 2007. VanDusseldorp/Martin. 6/0. Alcohol at Fundraising Events at the Library New reported on the meeting she and McCray had with the City Manager. They met with the City Manager and outlined for him that they were on a fact-finding mission. Other City departments are interested in having alcohol at fundraising events on City property. Atkins stated that this is a decision that needed to be made by City Council. The Riverside Theatre arrangement in City Park was discussed and it was suggested that their facility might be used. Dean said the information is good to have for future planning. New said it was a positive meeting New Business Review of Board Policv #401 - Finance Policy. This is a regular policy review. The changes recommended by staff were to revise all of the numbers to reflect current accounts. Disposal of property addressed in Craig's memo, especially old computers, is an issue. There is a person who refurbishes computers so they can be reused by students and Craig would like the leeway to explore this option. Martin agreed. Dean asked for clarification about 401.1.1. Martin wondered if we have a lot of property to dispose. Currently the Library does not, but as the building and furnishings, etc, age, this will be the case Craig noted that usable items are offered to other city departments first Moved to approve the policy as revised. Rich- ChappellNanDusseldorp. 6-0. Spellinq Bee and Book Art Event Sponsorships. The Library Board has sponsored a Spelling Bee team from gift funds in the past. The Book Art event is a new Foundation initiative. This is the 101h anniversary of Iowa City Spells. The Foundation has created its own paideia (list of words to be used in the bee) this year since Merriam Webster is no longer doing it. Martin wondered when entrants could pick up the study guides to participate in this event. McCarthy said the spelling lists would be available in January. Both the Library Board and Kirkwood Community College will be honored the night of the spelling bee because it is the tenth anniversary and both have sponsored teams for all ten years. Motion to sponsor Spelling Bee team; Korf/Rich-Chappell. 6-0. Craig views the Book Art event as a partnership opportunity and encouraged McCarthy to put together a proposal for its sponsorship. Although it is a fund raising event, it is also a Library art event. Dean mentioned that this was formerly called "altered books." New asked how the funding would be used. Craig explained that the funds would come from Board gift monies that also supports the Art Purchase prize for the circulating art collection, and the spelling bee team. Producing brochures, and other costs associated with participating in the Gallery Walk would come from this sponsorship. This ~ear, the Festival of the Arts, scheduled for the first weekend in June, is also the 20 h anniversary of what was formerly called the Iowa Arts Festival. Summer of the Arts will partner with us to advertise the event and have a pre-event reception. Children's Day, the Sunday of the festivities, is traditionally the kickoff for the Library's Summer Reading Program. New wondered how we pay for Children's Day. Craig explained that Green is on the Steering Committee for Summer of the Arts and it fundraises for Children's Day and other events. Green has a budget through the event from other sponsors. The Library's primary contribution to Children's Day is staff time, which is considerable. VanDusseldorp feels this will be great public relations for the Library. Motion to sponsor Book Art event; New/Martin. 6/0. Staff Reports Departmental Reports. Children's Services. VanDusseldorp enjoyed reading about the movies. Smelled popcorn and was ready to sign up for anything. Systems. Technical Services. VanDusseldorp wondered about searching art purchase prize materials in the catalog and if an image of the item can be viewed. Black affirmed and said that this was a nice feature because it reminds us of all the great art we have. New asked if art can be donated to the Library. Craig said that art must go through the Art Committee to be considered for the collection but noted that the Library has added gift art to the collection. Framing can be an issue, as we do not circulate items with glass. Development Office. McCarthy reported that the Development Office is receiving approximately $5,000 per week from the annual fund mailing and that we are near $35,000, ahead of this time last year. Rich-Chappell asked if there were any ideas for new locations for The Book End. There was discussion about whether to keep The Book End at its current location. The Book End Committee has several concerns including noise, drafts, safety of volunteers at night, ceiling and bathroom issues, and the weather related challenges of carting books from the Library to The Book End. In addition, rent and utilities are a major expense. Many volunteers would like to move back to the library. VanDusseldorp wondered if this would require additional staff time, etc. McCarthy said that the temporary part-time Friends Foundation staff member would continue to work for the Book End. The Book End Committee meeting is January 10 and Craig will attend to discuss options. Martin wondered when the lease was due and calculated that six months would take us to end of the fiscal year. A decision will be needed by March/April as a 60-day notice is due to landlord if the lease is not renewed. Leqislators' Reception Martin and Craig attended the Public Libraries of Johnson County Legislator's reception held at the Solon Public Library this year. Bob Dvorsky, next Chair of the Senate Finance Committee, Mary Mascher and Joe Bolkcom attended. Craig stated that it is difficult to tell what the legislative issues will be this year, but the ILA's agenda is primarily about financing. There are typically bills introduced about internet filtering or redefining pornography that require a response, but there is a different legislative leadership this year so Craig is optimistic that some of these bills won't get out of committees. She reminded the Board that changing the rule to get a teacher/librarian in every school district was ILA's great lobbying accomplishment last year. Humidification Svstem. Craig informed the Board about some major issues with the installation of the humidification system. Kumi Morris, a City Architectural Services staff, City inspectors, an engineer from RM Boggs which current maintains the HVAC system, and the Library Building Manager inspected the system. The drainage system is the major problem and Craig's understanding is that it was not installed as it was designed. There is documentation from the past three winters that delineate humidification issues. New wondered if there was mold. Craig said the system not been tested for mold but does not think there is a problem. New wondered who selected the system. Craig explained that the system was part of the Library design and the architectural firm chose the engineers who designed the system. The contractor who won the bid for the construction chose the subcontractor who installed the system. Kumi Morris will help the Library Building Manager write a recommendation to fix the system. Craig will keep the Board informed. FY08 Budqet City Manager's recommended budget is out; the Library budget is attached to the agenda. Craig has more complete information detailing line items. The Library did not get either one of the quarter-time permanent staff increases requested or an increase in replacement funds, but other requested items were in this budget Craig explained that other departments requested staff increases and those were not granted either, in most cases. The Boards and Commissions budget meetings with Council are coming up in late January. Craig encouraged Board members to attend. Dean asked about the sequence of events that led to the increase in hours. Craig explained that funding for the extra hours and the associated .25 extra staff approved that were not included in last year's budget originated from a Council member and City Council expressed interest in having this funded. Craig explained that the quarter-time increase was added to a maintenance position in lieu of hiring a property manager for the rental space. All of our public relations initiatives were funded. Inservice Dav. Four Board members attended. Dean enjoyed it and learned a lot He was impressed by the creativity of the 5W+H staff presentations. Martin thoroughly enjoyed the day, as did New. Korf also attended. Miscellaneous. Clark got additional copies of "From Noah Webster to Merriam Webster: Celebrating 200 Years of American Dictionary Making" books because there was a great response to this public lecture. They were distributed to Board members. President's Report, Dean noted the end of the calendar year and thanked everyone for their service this year. McCray stopped by the Library one day in December and noticed the large and beautiful original origami mobiles in McCarthy's office. She asked McCarthy to share the story with the rest of the Board at this meeting. McCarthy related the story of a Lebanese woman with three children who came to the library regularly and learned to speak English as well. She was grateful for everything that ICPL had done for her and her family and brought the origami presents before she left Iowa City for Colorado. Announcements from Members Committee Reports Foundation members. Martin reported on the Foundation Board meeting. Build the Collection fund raiser work continues. The Fundraising Committee requests suggestions and ideas for this event. The Foundation's portfolio closed at $1,167,429 as of 12/4/06, which represents 12% growth. Total assets in the account are $1,798,000, including endowments, restricted, and non-restricted funds. Communications None Disbursements Visa expenditures were reviewed. Disbursements for November 2006 were approved. VanDusseldorp/Korf. 6/0. Agenda Order for January Meeting 6 month reports Strategic Plan update Book End Adjournment. Dean adjourned the meeting at 6:14 pm. New/Rich-Chappell. 6/0 Respectfully submitted, Elyse Miller Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2006 I Meetina Date Name Term 1/26/06 2/23/06 3/30/06 4/27/06 5/25/06 6/22/06 7/27/06 8/24/06 9/28/06 10/26/06 11 /16/06 12/21/06 EXD Thomas Dean 7/01/09 X X OlE X X X X X X X X X Bill Karl 7/01/09 X X X X X X X X X X X X Tom Marlin 6/30111 X X X X OlE X X X X X X X Linzee McCray 7/01/09 X OlE X X X X X X X X X OlE Mary New 7/01/07 Term X X X X X beains Meredith 6/30111 X X X OlE X OlE X X X oe X X Rich-Chappel Pat Schnack 7/01/07 X X OlE OlE X OlE X X X OlE X Leon Spies 6/30111 X X X OlE X X OlE X X OlE X OlE Tom Suter 7/01/07 0 0 0 0 0 res res res res res res res David 7/01/07 OlE X X X X X X X X X OlE X VanDusseldarp KEY: X = Present o = Absent OlE = Absent/Excused NM = No meeting Res = Resigned