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HomeMy WebLinkAbout2002-10-08 Bd Comm minutes FINAL/APPROVED MINUTES ~ HOUSING AND COMMUNITY DEVELOPMENT WEDNESDAY, JUNE 13, 2002- 6:30PM CITY MANAGER'S OFFICE CONFERENCE ROOM Members Present: Lori Bears, Amy Correia, John Deeth, Kathleen Renquist, Bill Stewart Members Absent: Rick House, April Gutting, Christine Boyer Staff Present: Tracy Hightshoe, Stephen Long City Council Members Present: None Others Present: Bob Burns, Crissy Canganelli Call to Order Amy Correia called the meeting to order at 6:35PM Approval of the May 16, 2002 Minutes MOTION: Deeth moved that the minutes of May 16, 2002 be approved as submitted. Renquist seconded the motion. All in favor, motion passed 5-0. Public/Member Discussion of Items not on the ARenda Bears commented that she had read two interesting articles about affordable housing in the Des Moines Register by national columnist David Broder. These articles had very nice pictures. Correia commented that she had read that two shelters for women had to be closed because of budget cuts. Discussion of FY03 Feasibility Study- EmerRency Housinf~ Proiect The commission watched a portion of the May 7, 2002 City Council Meeting pertaining to this issue. Correia suggested that council members are provided with better training on issues such as CDBG and HOME funds. Bob Burns noted that he had talked to the council members the day of May 7 and that it appeared that between the time they talked and the time of the meeting, that they had changed their minds regarding their request for the establishment of an enterprise zone for their elderly housing project. Bears pointed out that Wilburn was absent throughout the voting since he is affiliated with the Crisis Center. Canganelli noted that there is what she called an "interesting, very blatant double standard that has been acutely visible over the last six weeks." She cited the Council not funding the feasibility study application, the complete recapitulation with the Enterprise Loan for affordable housing for the elderly, and the proposed tax abatements, reduced sale price for a for-profit developer. Canganelli expressed the belief that the Emergency Housing Project, which was turned down, was clearly visionary and would have really helped Iowa City. Stewart praised Vanderhoef's research and comments. He may not agree with her conclusions, but it appears that she has researched and reviewed the material. There was some discussion about Elder Services and the value of the homes that benefit from the Small Repair program. It was suggested that equity be taken into account when approving monies for elderly persons, which Long said is already done. Correia stated that while the Small Repair Program is a worthwhile cause, it takes attention away from affordable housing for the working poor who may not be able to buy a home. It was noted that most Elder Services projects are related to elder safety and do not improve affordable housing stock for most citizens. Those people transitioning from homelessness or near homelessness are not in a position to purchase a home benefiting from the Small Repair Program, but will most likely need affordable rental units. Renquist also pointed out that a number of the Elder Services homes that benefited from the program were outside Johnson County and therefore not helping Iowa City residents, to which Long responded that other funding is used for those other counties. Renquist brought up an instance early on in her time on the commission when an applicant, greatly upsetting her, lobbied the members very hard. Since then, she said, she didn't think that this kind of Housing and Community Development Minutes June 13, 2002 Page 2 individual lobbying had gone on in this commission, but she suspected that the City Council was heavily lobbied by Elder Services. Correia asked if there was a desire to voice disappointment on this subject. There was some agreement, but Stewart voiced the opposition, saying that it would just be sour grapes. Stewart asked that any complaint submitted not bear the name of the commission; however, individuals may voice displeasure on their own. There was a brief discussion on how hard it is to prioritize such issues as the homeless, elder services, domestic violence, etc. It was noted that each project is important in its own right and deserves to be funded, so what is the fair way to distribute the money; that is still unknown. Long pointed out that the City Council, if they wanted to, can take all of the CDBG money or dictate the purpose of the funds such as all the HOME money goes to rehab., etc. Stewart asked that the members put themselves in the council members' places; everyone is trying to do their job to allocate the funds to projects that will do the best job for the community. Correia commented that there seemed to be two areas where there was misinformation: 1. From 1 to 3%, was the interest rate discussed?- always discussed 2. Educate about rehab, for elderly homes. It does not necessarily mean that homes serviced are affordable, because elder homes are often more expensive. Correia suggested introducing a commission presentation to the Council work session before the council votes for the final allocation. The Council would then be able to get a better understanding of the commission's thought process. Long said that he would recommend this idea to the Council, stressing the resource role the commission could play. Recommendation of FY02 & FY03 Annual Action Plan Budqet Amendments Hightshoe began by noting some final number changes since the members received their packets. Under the Student Built House, Greater Iowa City Housing Fellowship, the final number including the recording fees is $24,881. For the Contingency Program, the number moved to $255,119. The amended budget includes the full recapture of the FY02 Metro Plains project and the recommendation for full funding for the FY03 Garden Prairie project to $500,000. The recapture of FY02 HOME funds will necessitate a $56,600 FY03 HOME contingency balance. It was noted that Habitat for Humanity ended up pumhasing four lots instead of three due to a lower land purchase amount. As a side note, Long said that the shell of the Habitat home on Whispering Meadows went up in a weekend! MOTION: Stewart moved that the amendments to the Annual Action Plan Budget be accepted as presented. Bears seconded the motion. Motion passed 4-1 with Renquist dissenting. Discussion of Proposed Unsuccessful or Delayed Proiects Policy Long pointed out that the commission does not have to act on this tonight, but after the last meeting, it seemed prudent to formally approach the subject. The commission agreed to review and put in on the Fall '02 agenda. Monitorin,q Reports Domestic Violence Intervention Program- Furniture Project (House): House was absent and will give his report at the next meeting. Elder Service Inc. - Small Repair Program (Stewart): Stewart began by passing out a memorandum to each member (Connie and Terry did the front, Dave Powers did the back). They had $40,000 in FY02 and they spent $27,410. They got 80% of what they had requested, so they may be on track to serve the 56 people, which is their goal (48 Iow income have already been served). They look like they will use all of their money. City of Iowa City- Housing Rehabilitation (Stewart): Stewart noted that Powers indicated that $131,275.58 was spent for City Rehab and that the rest is committed. Powers also indicated in the report that there is Housing and Community Development Minutes June 13, 2002 Page 3 a grant in for a new lead hazard program, but it was pointed out that that application for the grant wouldn't be submitted until next year. Correia asked if their program income was known for this year, to which Long responded that he did not know to date, but they are usually very consistent. Emergency Housing Project- Deposit Assistance Program (Bears): Bears reported that she left a message with Emergency Housing, but has not heard back. Hightshoe filled in, saying that they have expended all of their funds. This year they have program income of approximately $180. This may not seem like a lot, however the typical deposit assistance provided is between $100 to $200. Thus, a few landlords are returning a portion of the deposit back to the program. EHP provided a summary of the beneficiaries and the total amount provided. The summary does not include their actual income to show working status, etc. Correia pointed out that it might be good to record income to show Council that these individuals are contributing to the community, but are still unable to make a deposit. Approximately 60% of the individuals served are working. Hightshoe noted that this information would be in their client profile kept at the agency. EHP was able to serve more individuals be reducing the amount of deposit assistance to each household. Between forty to fifty individuals have been served to date. Canganelli reported that $3,000 in private funds was donated to the program. Correia suggested sending monitoring reports to Council for advocacy/education. Selection of Projects to Monitor in FY03 There are twenty projects open for the nine members to choose from. Renquist- UAY-Facility Acq., Ruby's Pearl (02) Deeth- Crisis Center Warehouse, the two EHP projects Correia- Garden Prairie, Affordable Housing-Greater Iowa City, Peninsula (02) Bears- the two HACAP caps The remaining projects will be assigned after the new members come on board. Old Business Community Development Celebration Update: Thursday, July 18 from 4:30-6PM. The award presentation will be at 5PM with the reception following. Hightshoe and Long added that the subcommittee is working on determining the awards that will be given out at this year's presentation. Long noted that it was suggested that the commission members give the checks out. There was a suggestion that some sort of gesture be made in reference to Stewart's retiring after six years on the commission. Correia suggested an award to the Student Built Housing teacher who is retiring. Renquist suggested an award to the Longfellow Neighborhood Association. Long mentioned a 3r~ Avenue project that was privately rehabbed by volunteers. The subcommittee will meet again at Pathways after the 28~. Housing Enterprise Zones: There have been some efforts outside of the commission to have the Council reconsider enterprise zones, but most on the commission don't think they're going anywhere. Correia asked if the members wanted to compile all of their data and send a memo to Atkins or Lehman identifying why this would be a good avenue to explore for funding affordable housing projects. Renquist noted that the Council specifically asked Alaina to speak with them at a work session and then did not listen to her. Hightshoe pointed out it is evident that the current Council will most likely not reconsider enterprise zones without new information or new census figures. Amy volunteered to write a summary of their research to have available in case the Council decides to reconsider their position, especially after Census data is available. Burns noted that the members might want to consider that the residential component of the Moen development would be eligible for Enterprise Zone credits. Moen could potentially receive a 5% tax rebate on the construction costs of the housing and a 10% state credit on the construction costs of the housing component (the Enterprise Zone and his application would have to be approved, though, before he starts construction on the housing portion, which is about a year and a half away). There is no limitation on the housing in regards to income limits. The state does cap the benefit amount per unit however. This could potentially benefit the City by lower project costs and the amount of assistance requested by the developer or an increased purchase price. Burns has not seen a breakdown of the Housing and Community Development Minutes June 13, 2002 Page 4 $22+ million dollar costs, but they will be available tomorrow. The housing is a significant component. You get the credit on the first $140,000 of each unit. For instance, if the housing costs $200,000 per unit, you would only get the credit on the first $140,000 per unit. The census track that the downtown area is in would be eligible. The City Council would have to pass a resolution adopting the Enterprise Zone and send it off to the Department of Economic Development to create a Commission consisting of various local and state representatives. It is spelled out in the law that the commission members can only consider an application in a zone that the city designates. Thus, the City Council would maintain control of which districts are designated as enterprise zones. Economic Development Committee- HCDC Representative: Hightshoe reported that on Thursday, June 20, at 9:30AM, the City Council Economic Development Committee will discuss HCDC representation for CDBG matters as item #6 in the Lobby Conference Room. Renquist distributed a packet she had put together on CDBG discussions HCDC has had. Correia will be present at the meeting, but does not wish to be the actual representative. New Business Announcement of HCDC Vacancies: There is currently one vacancy, but on Sept. 1, there will be three (Boyer, Stewart, Holt), only two if Boyer reapplies. The current vacancy is now being advertised, Correia asked when the City would receive payment from the 64-1a parcel. The funds will most likely be available in 2005 for CDBG eligible purposes. Construction will not begin until the library expansion is near completion. Correia asked when the process to amend City Steps would begin and was told that it began in the early fall. She then asked if the commission could hold public input hearings if they were so disposed; this will be put on the next agenda. Adjournment MOTION: Stewart moved that the meeting be adjourned. Deeth seconded the motion. All in favor, motion passed 5-0, Meeting adjourned at 8:14PM. Iowa City Publi(Library MINUTES IOWA CITY PUBLIC LZBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, August 22, 2002 5:00 PM Members Present: Linda Dellsperger, Shaner Magalh~es, Lisa Parker, Linda Prybil, Jesse Singerman, Tom Suter, Jim Swaim, David VanDusseldorp Members Absent: Pat Schnack Staff Present: Barb Black, Maeve Clark, Susan Craig, Barbara Curtin, Beth Daly, Heidi Lauritzen, Kara Logsden, Liz Nichols CALL TO ORDER: The meeting was called to order at 5:05 pm. PUBLIC DTSCUSSION: None APPROVAL OF MINUTES: The minutes of the regular meeting of July 25, 2002 were approved with one misspelling and one change: artists Walker and Peters visited ICPL in July, not August: Swaim / Sutar, unanimous. UNFINISHED BUSINESS: Building Proiect - As Joel Miller was unable to attend the meeting, Susan Craig led the Board on a tour of the construction site and reported on the progress of the project. The concrete floors and roof have almost all been poured. All of the framing has been done. The construction crew has started erecting the "skin" of the building. The elevator shaft and the stairwells are in place and the light monitors are taking shape. Craig explained that the Library's Staff Room will be closed for construction starting in October. The construction is still estimated to be several weeks ahead of schedule. The project is to the point where people can get some idea of the final shape and layout of the finished building. The Board could see the new stairwells and elevator shaft that will be used by staff and public in the temporary space. The Library will use all three floors, even the future retail space, in temporary quarters. The second floor will be Library both in the temp quarters and in the finished building, although some changes of use will happen from one phase to the next. Craig noted that the architects, contractor, and project manager have agreed on a design change for the southwest corner of the building, which will cost about $3,000. Also, doorframes will be solid (instead of hollow) to take the wear and tear of constant use. Due to this, each door will cost an extra $50 and each double door, $75. NEW BUSTNESS: Public Hearing for August 22 for the Iowa City Public Library Expansion and Renovation Cablina Proiect - Parker opened hearing at 5:20 pm. As there was no discussion, Parker closed the hearing at 5:25 pm. Bid documents will be made available and a pre-bid meeting is scheduled for September 4, 2002. ICPL BOARD OF TRUSTEES Agenda Item 3A Augusts 22, 2002 Page 2 Review of FY02 Annual Reoort -The Board was very pleased with the Library's FY02 Annual Report. They complemented the clear layout and easy-to-read format of the report. They thanked the staff for a job well done. The Library sends the report to various people, including the City Council, the Board of Supervisors, local librarians, school officials, and the press. Copies are also available at the Tnformation Desk. Policy Review: Neetino Room - The Board reviewed three email messages received by Susan Craig about the proposed meeting room policy changes. The letters, from Carol 5paziani, Lois Cox, and David Lescht:z, agreed the Library has found a good alternative to disputed policy. Carol Spaziani's letter suggested that, in the interest of fairness, the Library require two signatures from every group, not just those failing to meet other standards. Currently, the Library requires one contact name for each group in case of scheduling conflicts or damage to the room. Under the staff proposal, about 5-10% of all bookings might require the second signature. The Library has to balance the public's right to know (a person can call the contact number to learn more about the event), and the public's right to privacy. There was further discussion about what information could/should be published on the Library's web page regarding meetings. A motion was made to amend the revised meeting room policy to require all groups to supply 2 names to reserve a room: Swaim / Dellsperger: The motion was defeated, with only Swaim voting in favor and VanDusseldorp abstaining. The Board approved the meeting room policy as revised by staff: Singerman / Suter, unanimous. STAFF REPORTS: Deoartmental Reoorts - DO, Children's Room, Systems/TS -- The Board requested that the Development Office return to the practice of writing a monthly departmental report. They felt that the Friends Foundation was enough different from other departments to justify asking for a more frequent report. The Board thanked staff warmly for all of the departmental reports. They felt that the information contained in the reports is useful and interesting, and gives them a sense of moving forward. August 30 Buildinq Site Tours -Public tours of the building site are being offered on August 30, 2002, from 6:30-8 pm. There will be balloons and ice cream. The construction crew is making a photo-op "construction worker" with a hole so a person's face can be the face of the worker. This event will be advertised and is open to the public. Craig assured everyone that the staff is very safety conscious. She encouraged the Board to bring friends and family and to spread the word. ILA Conference, October 9-11. Des Moines - Craig reminded the Board that they are invited to attend the October ILA Conference as ICPL Board Members. Magalh~es said that he goes every year and that it is a good learning opportunity. Craig mentioned that there is a Trustees Forum, and every library trustee has a vote on issues in this forum. Several board members expressed an interest. .lob Audits - Craig described the job audit being conducted Library wide in September. Every Library employee will keep track of tasks he or she performs. Statistics from this study will be used as a baseline for Library jobs as we plan for changes associated with the new building. Readinos -The Board was pleased to read the article about the Irving Weber History Bowl, and complemented MagalhEes for his participation on the State Historical Society team. ICPL BOARD OF TRUSTEES Agenda Item 3A Augusts 22, 2002 Page 2, PRESIDENT'S REPORT: The Board members were polled and choose September 26 for the Board's annual social dinner. Everyone will help pay for the catered event, which will take place at Prybil's house immediately after the September board meeting. Trustees were asked to RSVP to Prybil, and to bring beverages of their choice. ANNOUNCEbtENT FROM MEMBERS: Swaim mentioned that Governor Vilsack would be in Lone Tree on August 23, 2002, for part of his walk through the state. VanDusseldorp urged fellow Board members to stop on their way out of the Library to look at the display of new art prints. He commended the Library for picking great prints and for the upcoming October Art Purchase Prize competition. He also complemented the changes to the Library's Web page. Swaim praised the Library and Liz Nichols for taking a vital role in the Stories 2000 project. Swaim mentioned that there are not many youth programs that focus on reading, and that the United Action for Youth was excited about participating in the Stories 2000 programs. Swaim asked Nichols to present a report on the program at the next board meeting. Craig and Logsden talked about the Intellectual Freedom Festival, September 21 through October 21, 20002. The Library has planned interesting, topical lunchtime programs and has lined up several good speakers. Board members were encouraged to participate as much as they could, rVlore information may be found on the Library's Website. In response to a question, Craig gave an update on the status of the young man who had been arrested for failure to return over $400 worth of Library materials. The man has returned a portion of the items he had borrowed. A court date has been set for October. Craig urged everyone to either host or to attend a dinner for the DO fundraising event in October, and mentioned that she will host a dinner at her house. Hosts will be credited in-kind for the meals. Diners will pay $50 each. Curtin is seeking business sponsorships for each home. COMIVl~ I I EE REPORTS: Art Committee - Dellsperger reported that the Art Committee praised Walker and Peters, whom the committee hopes will create the showcase art for the new Library, for their fine presentation and cooperative attitude at the meeting Wednesday, 3uly 31. Those present saw slides showing various pieces by the pair: light, airy, colo~ul pieces that were all a bit different. The artists were reportedly very open and approachable, and even offered to bring two designs to their December presentation instead of the required one. Friends Foundation - I~lagalh~es and VanDusseldorp, ICPL Trustee representatives on the Friends Foundation Board, gave a short report on the most recent meeting. The Friends Foundation Board has a committee charged with looking at bylaws, which is currently looking at changing the bylaws to define a role for the Friends Foundation Board in the hiring of the Development Office Director. Some bylaws changes would have to be approved by the Library Trustees; the FF Board can approve others independently. The question has been raised at this committee that the Friends Foundation should consider being an independent organization. Dellsperger further suggested that the DO Director be freed from routine library duties to concentrate on fundraising. ICPL BOARD OF TRUSTEES Agenda Item 3A Augusts 22, 2002 Page 4 The Board recommended that, to foster communication, rvlagalh~es and VanDusseldorp give reports of each board's meeting to the other board. The ICPL Trustees were ready to work with the Friends Foundation to do what is best for the Library. Craig reminded the group that the September board meeting would include a Foundation Review session. Homeless Ad Hoc Communib/Group - Swaim reported that the homeless study group plans next to meet in September. CO f-tI~IUNICAI'~ONS: Email letters from Spaziani, Cox, and Leschtz, were discussed under New Business. FI'NANCI'A/REPORTS: The Trustees reviewed the FY02 Receipts compared to FY01, FY02 Receipts, FY02 Expenditures, and Gifts & Bequests Receipts and Expenditures by Fund. Craig pointed out that receipts are up 20% overall, and are 103% of projected revenue. The 3% over projection goes into the general fund and comes back to us as part of our operating budget. OTHER REPORTS: Open Access Report, FY02 - The Open Access report shows the number of items checkout out from the Iowa City Public Library by residents of other cities. Craig hoped that the State Library would soon distribute a report tallying the number of items checked out by State residents at libraries other that their home libraries. DTSBURSEIqENTS: Visa report for .luly 2002 was reviewed. Disbursements for ,luly 2002 approved: Swaim / Dellsperger, unanimous. AGENDA Zl'EMS FOR SEPTEMBER I~EE'I'~NG: FY04 Budget Development Foundation Review Stories 2000 report from Liz Nichols AD3OURNIqENT: Adjourned at 6:15 p.m., Singerman / Dellsperger, unanimous Hinutes taken and transcribed by Beth Daly Barb Coffey From: Diane Schnee [diane@envmgr.com] Sent: Friday, September 27, 2002 3:05 AM To: Barb Coffey Subject: RE: question on layout of Dazzle Designer BRM envelope / Double click on address. It should give you the Edit Main Address box. If it doesn't, you probably put it in the layout with a text box or something. If so, it from the text box, delete the text box, and the Edit menu and ~e Main Address so you can paste the address in proper box. Diane Schnee Technical Support Envelope Manager Software ..... Original From: Barb Coffey [i Sent: Thursday, September 26, 12:12 PM To: ' tech®enve lopemanager, com ' Subject: FW: question on layout of Desi¢ BRM envelope I'm having trouble with sending This might be a duplicate of a recent e-mail. Just wanted to make su] got it though. THanks. ..... Original Message ..... From: Barb Coffey Sent: Thursday, September 26, 11:03 AM To: ' tech~envelopmanager, com' Subject: question on layout Dazzle Designer B~ envelope Dear Sir/Madam: I just led your Dazzle Designer program yesterday. I / . operate in an IBM : !t/orked environment. I am trying t~ complete a business / reply envelope. I ~hink I completed the first BRM envel~e correctly, but I get a message to )t place anything on top of BRM". I.e.~y address is right on top of Business Reply box. DO you have any ide~ what I did wrong here? for your help. Barb Cof fey Document Se~vl Supervisor (319) 356~5061 FA~X: (319) 356-5009 MINUTES IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, JULY 28, 2002 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Betty McKray, Terry Smith, Kembrew McLeod, Cathy Weingeist MEMBERS ABSENT: Jim Pusack STAFF PRESENT: Drew Shaffer, Mike Brau, Andy Matthews, Bob Hardy, Dale Helling OTHERS PRESENT: Randy Brown, Phil Phillips, Jon Koebrick, Beth Fisher, Tom Nothnagle RECOMMENDATIONS TO CITY COUNCIL The Commission voted unanimously to recommend to the City Council that they approve the changes to the City Channel Guidelines. SUMMARY OF DISCUSSION Brown reported that the phone data requested by the City has been provided by Mediacom There had been a problem with the franchise fee payment, which has now been corrected. Fisher reported that the Library channel will tape some of the live events associated with Irving Webber Days that will be held in the library. Hardy reported that a meeting of eastem Iowa area local access staff and volunteers was hosted by the Community Television Group. The meeting provided an opportunity to network, discuss how they might cooperate, and other issues of mutual concern. Hardy also reported that the wiring of the Senior Center dining room and a large meeting room should be complete soon. This will enable programs to originate live from the Senior Center. The Recreation Center has also been wired for origination. Shaffer reported that the City has filed a Petition for Reconsideration for the low power FM radio license application that was dismissed based on faulty frequency identification software provided by the FCC. Mediacom's rate increase filing for 2002 is being reviewed by Rice, Williams Associates and their report is expected soon. APPROVAL OF M1N1UTES Smith moved and McLeod seconded a motion to approve the May 13, 2002 minutes. The motion passed unanimously. McLeod moved and Smith seconded a motion to approve the corrected June 3, 2002 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and said that he received 17 complaints and all of those were resolved that could be. MEDIACOM REPORT Brown reported that the phone data requested by the City has been provided. There had been a problem with the franchise fee payment, which has now been corrected. The franchise fee will be paid shortly. UNIVERSITY OF IOWA REPORT No representative was present. PATV REPORT Phil Phillips reported that Rene Paine was unable to attend the meeting. Phillips reported that a problem with the basement of the PATV building has been leaking and will be repaired soon. SENIOR CENTER REPORT No representative was present. ECC REPORT No representative was present. LEGAL REPORT Matthews said he had nothing new to report. LIBRARY REPORT Fisher noted that the Library Channel annual report was included in the packet. The Library channel will tape some of the live events associated with Irving Webber Days that will be held in the library. KIRKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported that the Media Unit and Community Television Service have been busy and running smoothly. A meeting of eastern Iowa area local access staff and volunteers was hosted by the Community Television Group. The meeting provided an opportunity to network, discuss how they might cooperate, and other issues of mutual concern. The wiring of the Senior Center dining room and a large meeting room should be complete soon. This will enable programs to originate live from the Senior Center. The Recreation Center has also been wired for origination. CABLE TV ADMINISTRATOR REPORT Shaffer reported that the City has filed a Petition for Reconsideration for the low power FM radio license application that was dismissed based on faulty frequency identification software provided by the FCC. Mediacom's rate increase filing for 2002 is being reviewed by Rice, Williams Associates and their report is expected soon. ICTC ANNUAL REPORT Shaffer referred to the draft ICTC Annual Report to be included in the City's compilation of the reports of all City boards and commissions and noted that one goal for fiscal year 2003 was to attend PATV Board meetings. Commissioners agreed to rotate attendance. Meetings are held the third Thursday of the month. Weingeist will attend in August and McLeod in September. Weingeist said that pursuing the low power FM license should be added to the goals for FY 2003 and a graph of the local access channels' programming summaries be added. CITY CHANNEL GUIDELINES Hardy reported that changes were necessary in the City Channel Guidelines to make it more clear what the City Channel will and will not do, particularly with regard to tapes provided to the channel for playback. Weingeist moved and McLeod seconded a motion to recommend approval of the City Channel Guidelines. The motion passed unanimously. LETTERS TO MEDIACOM Shaffer referred to the phone data supplied by Mediacom at the request of the City and said that he has not yet been able to fully analyze the data, in part because it is not in summary form or organized in an easily recognizable manner. A meeting with Mediacom officials is being considered to discuss the issues raised in the series of letters, but additional research is needed first. Smith volunteered to participate in that meeting on behalf of the Commission. TRIENNIAL REVIEW Shaffer distributed Pusack's draft report on service issues. McKray distributed a timeline of significant events relating to cable TV in Iowa City and the Commission's actions surrounding those events. It was agreed to hold a special Commission meeting September 9, 2002 to deal with the Triennial Review. ADJOURNMENT Weingeist moved and McLeod seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:28 p.m. Respectfully submitted, Wm. Dr~w~haffer-~ I/ Cable TV Administrator CITY OF IOWA CITY THE CITY CHANNEL, CHANNEL 4 PROGRAMMING AND CABLECAST GUIDELINES Goals of City Channel 4. The principal goals of City Channel 4 are to provide a window on local government and the activities of the Iowa City community, and to inform and educate citizens about local government, public affairs and community events and the community being served. City Channel 4 will advance these goals, to the extent feasible and consistent with the goals, in concert with local community and commercial interest. General guidelines. City Channel 4 is a government access channel, as that term is defined by applicable federal law. Therefore programming cablecast shall be selected which will be in keeping with the government access character of said channel. The City specifically reserves the right to determine what programming shall be cablecast on the City Channel 4. This determination shall be viewpoint neutral, and shall be based on factors reasonably related to the government access character of the channel, together with the goal of providing to the community information about local government, public affairs and community events and the community being served.. The guidelines herein shall be used to direct the operation of City Channel 4. Programming guidelines. The City Council and the City Manager have delegated the responsibility for cablecast programming of City Channel 4 to the City of Iowa City Cable Division. Unless othen,vise directed by the City Manager, Cable Division staff will determine what programming shall be cablecast and at what time of day pragramming will be scheduled for cablecast on City Channel 4. The following guidelines will apply when selecting or accepting programs for cablecast on City Channel 4: a. Priorities for City produced pro;Iramminq. Programming produced by the City shall be the highest priority for City Channel 4. The following priority list will apply when selecting or accepting programs produced by the City for cablecast on City Channel 4: 1. Programming oran emergency nature involving public health or safety matters. 2. Programming produced at the direction of City Council or the City Manager. 3. Programming produced atthe direction cfa City Department or a City board or commission. 4. Programming initiated by the Cable Division in concert with local community and commercial interest. b. Priorities for City obtained programming. Programming may be obtained by the City from non-City program production sources for cablecast on City Channel 4. The City is under no obligation to accept programming from any non-City program production source. The following priority list will apply when selecting programming not produced by the City for cablecast on City Channel 4: 1. Programming obtained by the City Council, City Manager, City Departments or a City board or commission. 2. Programming produced by the Iowa City Community Television Service (CTS). 3. Programming independently produced by other City departments, boards or commissions. 4. Programming produced by local or area governments. 5. Programming produced by state or federal governments. 6. Programming produced by a source other than the City and which pertains directly to local government, public affairs or matters of general interest to the . community, such as some community programming. 7. Programming produced by a source other than the City and which pertains indirectly to local government, public affairs or matters of general interest to the community,-such as some community programming. c. General Pmqramminq Restrictions. Programming produced or obtained by the City wil~ not be cablecast, or will cease to be cablecast on City Channel 4 if found to violate any of the following restdcfions: 1. Programming whose content violates any law including libel, slander, defamation, invasion of privacy or public dghts, hate crime laws, unfair competition or violation of trademark or copyright, or which may otherwise violate any local, state or federal law will not be cablecast or, on nofil~cafion of violation, will cease to be cablecast on City Channel 4. 2. Programming which does not meet minimal technical standards or production values as determined by City staff will not be cablecast on City Channel 4. 3. Programming whose content includes a direct request to buy a product or service will not be cablecast on City Channel 4. 4. Programming whose content includes any City meeting, event or other City activity will not be cablecast without the permission of the City organization sponsoring or responsible for the activity. 5. Programming whose content includes any specific community meeting, event or other community activity will not be cablecast without the permission from the community organization sponsoring or responsible for the activity. 6. Programming which violates the political programming guidelines, as contained in this document, will not be cablecast on City Channel 4. d. Content alteration restrictions. Programming produced or obtained by the City will not be altered before cablecast with the purpose of changing or distoding the meaning of the program's original content. Programming found to be altered will not be cablecast. Request to change or distort content will be reported to the City Manager. Political programming guidelines. Historically, the government access channel has produced and cablecast programming concerning local elections and political processes. City Channel 4 shall continue to produce and cablecast such programming as a priority topic, subject to the followin§ guidelines: a. "Political programming" shall be any programming which involves the endorsement of any political candidate, party or ballot issue or participation by any political candidate or supporter for the purpose of campaigning or otherwise soliciting public support for any candidate, party, or ballot issue in a political election. b. Political programming produced or obtained by City Division staff may be cablecast on City Channel 4 if it involves a process or a format, such as candidate forum or debate, where all candidates for the office have an equal opportunity to participate, or if the programming includes a process or a format, such as a public forum, where all views have an equal opportunity to participate. Examples of such formats would include but not be limited to candidate forums, debates, interview programs, telephone call-in programs and candidate or position statements. c. The City will not sponsor any political programming on City Channel 4. The City will provide information on any ballot issue if initiated and approved in advance by the City Council. d. Direct public access to City Channel 4 for political programming by individual candidates, political party representatives or supporters of any candidate or ballot issue is not available, and will not be provided. Sponsorship guidelines. City Channel 4 may permit sponsorship of programming, provided the announcement is consistent with all Goals and Guidelines stated above, and further provided the announcement meets the following specific Sponsorship guidelines. a. Sponsorship announcements shall not interrupt a program. b. Sponsorship announcements shall not contain comparative or qualitative information regarding products or services. c. Sponsomhip announcements shall not contain a direct request to buy a product or service d. Sponsorship announcements shall not mention a specific item or service, or the price for a specific item or service. e. Sponsorship announcements shall not show an item or product in use, or a service being provided. MINUTES FINAL/APPR IOWA CITY TELECOMMUNICATIONS COMMISSION TRIENNIAL REVIEW SPECIAL MEETING MONDAY, SEPTEMBER 9, 2002 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE & PARKING MEMBERS PRESENT: Betty McKray, Cathy Weingeist, Jim Pusack, Kembrew McLeod MEMBERS ABSENT: Terry Smith STAFF PRESENT: Drew Shaffer, Mike Brau, Andy Matthews, Bob Hardy OTHERS PRESENT: Randy Brown, Phil Phillips RECOMMENDATIONS TO CITY COUNCIL None at this time. TRIENNIAL REVEIW DISCUSSION Pusack said that the four draft reports written by the Commissioners overlap with each other on some issues. McKray noted that each report is written in different styles and formats and asked if they should be re-written in a common style. McKray said there may be additional questions and issues that need to be examined and included in the report. Pusack noted that the four reports do have a common style in that they make some statements and some observations about some data and then make some recommendations. Pusack said that there is a need for more data before the reports can be finished. In regards to the financial report Weingeist said that there are several items worth note. Franchise fees and total company revenue have about double since 1995. The number of subscribers has remained relatively constant. During this period the inflation rate was Iow and can not account for the doubling in revenues and franchise fees. Shaffer said that cable modem franchise fees already obtained will not have to be returned. Weingeist said that she was unclear about issues surrounding advertising revenue subject to franchise fees in the audit. Shaffer said that the audit the City conducted did address how advertising revenue was accounted for and came to a negotiated settlement regarding that issue. Weingeist said she will include what was found in the audit. Shaffer suggested including payment to PATV in the spreadsheet (which will be included as an appendix). Pusack suggested making an inflation adjustment for cable rates. Weingeist said that because total revenue has doubled since 1995 and basic rates have not that the cable company has been increasing revenue in other places. Weingeist noted that the a la carte price for premium channels for those with just the basic tier of service is higher than for those who subscribe to levels of service greater than basic and expanded basic. Pusack said that the cable company routinely tells subscribers that they can not get a premium channel without subscribing to the digital tier. That is incorrect. You may purchase a premium channel a la carte without the digital tier but the cost is significantly more than the cost of the channel if the digital tier is subscribed to. Brown said that subscribers can subscribe to basic and a premium channel and that "dollar-wise it is more." Brown said that a premium channel and the Family Package (expanded basic) is also more. Brown said that Mediacom may have had some communication problems with their customer service representatives that were informing subscribers that they could not get a premium channel without subscribing to the digital tier. Weingeist said that the actual cost per channel on the basic tier has remained fairly constant, but the quality of those channels has decreased, especially with the addition of the shopping channels. The rate challenges resulting in rate refunds to subscribers will be included in the financial report. Figures on how much was saved for rate payers by City actions will also be included in the final report. Matthews said that the requirements of the Triennial Reviews as outlined in the ordinance are not extensive. It is contemplated as an opportunity for the Commission and the cable operator to discuss performance issues and other areas of concern, including any changes to the franchise agreement. A particular report format is not required. If the report is intended for a broader audience, then a more detailed report, as the Commission seems to be creating, is useful. A public hearing is not required but the Review needs to be discussed in public meetings, such as a Commission meeting. A separate meeting for public input is not required. In regards to the programming report McLeod said that given his style it may be better to put the major points in a bullet format when the final draft is prepared. McLeod said that a section on the access channels is first because it is one of the most important items in terms of service to the community with regards to programming. Given the number of channel line-up changes over the years it would not be productive to discuss each change, but instead highlight some important changes. Brau said that the spreadsheet McLeod refers to lists those programming services above the national median in subscribers but not included in the Iowa City system. There are five such channels. Brau said he will provide the list of the 134 largest program service providers to see if there are channels with small national viewership, but of interest in iowa City. Pusack noted that both the programming report and the service report note the problems in the naming of the access channels on the TV Guide channel and the digital tier program guide. The naming of some of the access channels are not yet as they should be. Shaffer noted that there is some inconsistency how the channels are being abbreviated on the two program guides. McKray suggested attaching the public notification flyers from Mediacom as an appendix to better elucidate the discussion in the narrative section. Pusack said that the service report has not taken into consideration any responses by Mediacom to Helling June 13, 2002 letter. Some of the questions in his report may be addressed in their response. Pusack asked if the lack of a local phone number was a result of a timing problem with the publication of the phone books and Mediacom's purchase of the system or the fact that a toll-free number is often provided but not a local number. Brown responded that this was a timing problem and that a local phone number will be published in all local phone books in the future. Pusack said there may not have been enough advertising in the newspapers to make subscribers aware of the major changes that occurred earlier in the year. Pusack asked if the City had a record of the repair requests received by Mediacom including the time it took for repairs to be completed. Shaffer said Mediacom provided a lot of data and the City has requested that the data be put in summary form. Pusack asked if the City had data on cable modem service issues. Shaffer said that from the data provided from Mediacom that it is unknown if it includes cable modem data as well as cable TV. Pusack said that the City also lacks data on refunds to subscribers for outages. Pusack said the availability of refunds is supposed to be listed on bills periodically and asked if the notice has been appearing. Shaffer suggested that the Commission put together a list of any additional questions they wish to address to the cable company. Pusack said the list could include items that would benefit the community even though they are not required by the franchise. Shaffer said that the City could request technical proof of performance documents pursuant to the franchise agreement. The City could also request a breakdown of complaints received by the cable company. Pusack said that if the cable company is unable to provide a subscriber complaint log, that the Triennial Review report might include a statement that the Commission is unable to adequately perform their oversight duties if the only complaints they hear are from those who were able to reach City staff. Shaffer said that phone data shows that the cable company did not reach the 90% answer rate in the Federal Communication Commission Customer Service Standards for eight months in 2000. This demonstrates that there has been a problem answering the phones in the past as well. Shaffer also pointed out that the franchise agreement requires that within two years after the completion of the rebuild that 95% of all drops will be audited. In a response to a question put to Jon Koebrick in 2001 Koebrick said that 60% of the drops have been replaced, but did not specify if 95% had been tested. The service call report from Mediacom shows that there were a number of problems associated with subscriber drops. Shaffer suggested this might be an area that needs further exploration. Pusack said that the number of problems with drops seem to indicate that the cable company is not in compliance. In regards to the Emergency Alert System Shaffer said he called the Johnson County Disaster Services Coordinator, Tom Hansen, about making use of the system for local officials to access. Mr. Hansen said that he worked out a system and offered to the Johnson County Sheriff who said it was too complicated and declined the opportunity to make use of the system. Pusack noted that the EAS does not run on the digital channels and that this is also a problem. Shaffer said that in the past there has been a concern that there is no way for local officials to access the system if a local emergency occurred such as a chemical spill that required evacuation. As a result of these concerns a system was installed that permitted local access. Shaffer said that the City Police may be interested in gaining access to the system. Pusack said the Commission should pursue the matter. McKray said that past discussion has included using the system to inform the public when the threat of a tornado has passed as the siren system does not do this. Past incidents have pointed to the importance of localized warnings for Iowa City rather than a county-wide trigger for activation as is currently in place with the sirens. At past Commission meetings with the Johnson County Emergency Alert Coordinator it was learned that the cable company had put in place a system that could be activated locally and was willing to make arrangements for emergency officials to access the system but County officials seemed disinterested. Now the Commission has learned that the Sheriff's Office is not interest in making use of the system. Shaffer said Tom Hansen asked him if he would approach the Iowa City Police to see if they would be interested in being able to access the system. Pusack said that the City should not have to rely on someone in Cedar Rapids to inform citizens of emergencies in Iowa City. Pusack said information about access to the system and what the cable company has installed and done with the system should be requested. The alert system should also be on all the channels, including the digital tier if it is to be effective. In regards to outage data, Pusack said that the Commission should request data on the number of outages greater than 18 hours and the number of refunds given. ADJOURNMENT Weingeist moved and Pusack seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 7:35 p.m. Respectfully submitted, Wm. Drew Shaffer Cable TV Administrator FINAL/APPROVED MINUTES PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 5, 2002 - 7:30 P.M. EMMA J. HARVAT HALL MEMBERS PRESENT: Don Anciaux, Ann Bovbjerg, Benjamin Chair, Ann Freerks, Jerry Hansen, Dean Shannon MEMBERS ABSENT: Beth Koppes STAFF PRESENT: Mitch Behr, Shelley McCafferty, Bob Miklo, John Yapp OTHERS PRESENT: Ralph Stoffer, Paula Streeper, George Baculis, Jim Goss, Tim Vrchoticky, Kristine Vrchoticky, Larry Schnittjer, Bruce Haupert, Don Vrchoticky, Ron Amelon RECOMMENDATIONS TO COUNCIL: Recommended approval, on a vote of 6-0, of REZ02-00010, an application submitted by Craig Petit for a rezoning from Low Density Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi-Family (OSA-12) on 1.06 acres to allow a 14-unit multi-family building located on the west side of First Avenue south of Stuart Court, subject to staff approval of a landscaping plan at the time of site plan review. Recommended denial, on a vote of 4-2, of REZ02-00015, an application submitted by James D. Goss for a rezoning of approximately 6.6 acres of property from Low Density Multifamily Residential, RM-12, to Interim Development Single Family Residential, ID-RS, located on St. Clement's Alley south of Dodge Street. Recommended approval, on a vote of 6-0, of SUB02-0001;~, the final plat of Village Green, Part XXII, a 9.31 acre, 24-1ot residential subdivision located north of Wellington Road and west of Scott Boulevard subject to staff approval of legal papers and construction drawings prior to City Council consideration. CALL TO ORDER: Chairperson Bovbierg called the meeting to order at 7:34 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said vacancies are posted in the lobby and suggested those attendance check the list. She said the City is always looking for good people. REZONING ITEMS: REZ02-00010. Discussion of an application submitted by Craig Petit for a rezoning from Low Density Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi-Family (OSA-12) on 1.06 acres to allow a 14-unit multi-family building located on the west side of First Avenue south of Stuart Court. Yapp said a sensitive areas overlay rezoning is required for this property, due to the presence of critical slopes, which are slopes of 25 to 39%. He said that approximately 25% of this property consists of steep slopes, slopes of 18-24%, and approximately 34% of the property consists of critical slopes, so that approximately 59% of the lot contains steep or critical slopes. Yapp said staff feels it would be difficult to develop this property without disturbing these steep and critical slopes. Yapp said one of the issues staff has struggled with in evaluating this sensitive areas development plan is placing a priority on which slopes are deemed more worthy of being protected and how to interpret the ordinance that states that disturbance to critical slopes shall be minimized. He said because it is the critical slopes that trigger the need for the rezoning and the critical slopes are more prone to erosion than Planning and Zoning Commission Minutes September 5, 2002 Page 2 less steep terrain, staff has focused on protecting the critical slopes and has worked with the applicant toward a design plan that minimizes the disturbance to the critical slopes. Yapp said that because so much of the property is covered with steep and critical slopes, much of the slopes will be disturbed. He said staff has tried, while still allowing development, to maintain a contiguous area of critical slope that is preserved, along with its existing vegetation. Yapp said staff feels that preserving a contiguous area of an environmentally sensitive landscape should carry more weight than preserving pieces of sloped area that may be separated by building and paved area. Yapp said the purpose statement of the Sensitive Areas Ordinance states, "The ordinance is to foster urban design that preserves open space and minimizes disturbance of the natural resources and to provide for ecologically sound transitions between protected sensitive areas and urban development." He said staff also looked at this in the context of the development on the lot to the south, which was recently approved for a sensitive areas rezoning. Yapp stated there has been an attempt to preserve much of the north third of that lot. He said staff feels that area, along with the southern third of this lot, gives this proposal more than an ecologically sound transition between the two developments, because the two lots together will contain a contiguous area of wooded, critical slopes. Yapp said staff has worked with the applicant to push development to the north part of this lot as much as possible. He said the applicant has proposed, in order to minimize the footprint of the development, parking under the building for part of the building as well as a smaller footprint of a building but a taller building. Yapp said the Sensitive Areas Ordinance does allow waivers from the strict dimensional requirements in the zoning code, such as the height requirement and the setback requirement. He said the building proposed would be 56 feet two inches tall on the east side and 46 feet 2 inches tall on the west side (the standard height limit in the RM-12 zone is 35 feet). Yapp said the current character of the property is that of wooded slopes. He showed an architectural rendition of the building and related the trees in the drawing it to the existing treeline. Yapp said the trees shown in the drawing at the front of the building are part of the landscaping plan and show another way to screen at least the first few floors of the building from First Avenue, keeping in mind that it would take several years for the trees to reach maturity. Yapp said this would essentially be a five-story building on First Avenue, although the building is near the Iow point of First Avenue, as First Avenue rises up to the north and south, and the Regina property to the west is at about 755 feet of elevation while the first floor of this building would be at about 727 feet of elevation. He said the main impact of the height of the building would be on properties directly across the street and on property to the north. Yapp said the property to the north is currently zoned RS-5, Low Density Single-Family, and it does also contain steep and critical slopes that will likely require a sensitive areas rezoning. Yapp said this building would fall within the Central Planning District for the multi-family infill design guidelines, which govern the exterior of multi-family buildings. He said one of those standards discourages garage doors facing the street. He said this building would have garage doors facing the street, although the applicant has attempted to screen the doors with shrubbery at the base and deciduous trees in front of the shrubbery. Yapp showed an overhead comparing the first application for the property to the final version. He showed how much of the southern third of the lot would now be preserved, as opposed to the initial application. Yapp said staff has now approved the grading and erosion control plan and recommends approval of the sensitive areas development plan. Bovbjerg referred to the tail-like portion of property shown on the overhead and asked if it were an easement. Yapp responded yes, that it is a required underground storm sewer coming from lot 2 and going to the First Avenue storm sewer. He said the size of the existing storm sewer would need to be increased to accommodate these developments so that there would need to be some grading to put in a new storm sewer in that location. Planning and Zoning Commission Minutes September 5, 2002 Page 3 Public discussion: Ralph Stoffer, 535 South,qate, said he is the Design Engineer for the project and would answer any questions the Commission might have. Hansen asked what size trees would be used along First Avenue. Stoffer said they would be an inch and one-half caliper and about six to eight feet tall. Hansen asked what variety would be used. Stoffer replied that he doesn't really have to specify variety until he gets to the building permit stage. He said he likes to keep it as loose as possible so that he can get the best material possible. Yapp stated that the Commission can recommend that a condition of the development plan be that a specific variety of trees be planted. Hansen asked if the Commission can make a recommendation as to size. Yapp said such a recommendation could be made as long as it was for a practical size, something that can be planted. Hansen said he would like to see the screening done as quickly as possible. Hansen asked Stoffer if he would be willing to plant larger-sized trees. Stoffer said he would be willing if he can get them at a reasonable price. He said if the trees are too big, the transplant stunts the trees, so that the inch and one-half is one of the larger varieties that will really take off. Stoffer said with a three or four-inch tree, the transplant stunts it, because there is the practicality of only being able to move so big of a root ball. Anciaux asked how many parking places are planned for the building. Stoffer responded that there are 28 garage spaces and two exterior, handicapped spaces. Bovbjerg said it appears that the east side would be the lowest level with four garages. Stoffer confirmed that there would be four garages there with eight parking spaces. Bovbjerg said the next floor has four more garages with the first level of living units. Stoffer confirmed that and said those garages would be on the west side at the back. Bovbjerg asked if this design is essentially the same as that of the building being constructed behind the Hampton Inn at the corner of Interstate 80 and First Avenue in Coralville. Stoffer said it kind of is but said this is a lot better construction. Bovbjerg said when she saw the pictures of this building and saw the Coralville building, they seem to be awfully tall, even if the front is built up to hide the parking places. She said if one floor is taken off, it would go from twelve to ten dwelling units instead of from twelve shown on the applicant's first plan to the fourteen now being proposed. Bovbjerg asked it that would be an option at all. She said the twelve-plex at the high part of First Avenue is an overwhelming building, and this seems to be an overwhelming building as well. Stoffer said he could not really speak to eliminating units but said he is shocked at how little landscaping there is on the property in Phase I. He said the developer may not have gotten to it yet, because it is really too hot to plant at this point. Bovbjerg said she wanted to add her voice to concerns about the landscaping. She said a combination of immediate plants and slower-growing plants for the future might work. Bovbjerg said the Commission has groaned about the use of arborvitae in the past, but it does work. Stoffer said he did not know much about landscaping but did feel that arborvitae is overdone in the community. He said the landscaper would have to address the types of trees. Stoffer said the landscaper should be able to find a quality tree that grows relatively fast. Bovbjerg said the neighborhood itself has relatively close-to-the-ground structures, even for some of the multi-plexes, and that is the general nature of the street. She said the established houses across the street are one story. Bovbjerg said she has considered how this building will fit into the neighborhood, and putting it down in and putting berms and vegetation in front not only keeps the building away from the slopes and gets parking in there but also makes this a good neighbor. She said this project should strive to be a good neighbor as well as the meet the technicalities of avoiding the slopes. Bovbjerg said the arrangement of keeping this out of the slopes has been monumental work. Planning and Zoning Commission Minutes September 5, 2002 Page 4 Paula StreeperI 976 Westside Drive, said she is one of the owners of the property. She said the goal for this is to develop upscale condominiums that will fit nicely into this residential neighborhood. Streeper said to accomplish this, the developers have created a fairly unique 1,200-square foot floor plan. She said each unit has a two-stall garage, a screened-in porch and two bathrooms. Streeper said an elevator has been included so that all of the units will be handicapped accessible. She said these will be owner- occupied dwelling units, not apartments, and said she would be living in one of the units. Streeper said the site was very difficult due to the abundance and location of the hills. In an effort to reduce the presence on the slopes, she said the City recommended fitting the building into the landscape. Streeper said the building was then pushed to the north, and the southern third of the lot really isn't being touched. She added that to further reduce the presence on the lot, the garages have been moved underneath the building. Streeper said the building behind the Hampton Inn is actually a 36-plex. She said this building should not be anywhere near the size of that one. Hansen asked Streeper if handicapped accessibility was considered in the construction of the dwelling units as well as the parking spaces, with such features as oversized doorways, etc. Streeper said those things were taken into consideration. George Baculis, 1014 N. Summit Street, suggested that the developer look into the Iowa linden, a native tree, as an example of a fast-growing tree. He said it also holds the water flow down. Public discussion closed. Yapp suggested that if the Commission wants to condition the recommendation on staff approval of a landscaping plan in order to require more variety of trees. He said staff received a landscaping plan that specified deciduous and evergreen species but did not specify the type of species. Yapp said staff would approve the landscaping plan then before the building permit is issued. Behr asked if the developer will need to submit a separate site plan after this for the building plan. Yapp confirmed this and said the landscaping plan would be part of that. Behr asked if as part of the sensitive areas ordinance rezoning, the contingency regarding staff approval of landscaping would be better done now or better done at the site plan and building permit process. Miklo said if the condition is noted on the current plan, then when it goes before City Council, it gives staff the authority to have the City Forester look at this and make sure the plan includes a variety of plantings that do what the Commission's objective is. Miklo said during site plan review, staff generally ensures the number of trees is adequate but does not necessarily look at the species of trees. MOTION: Chait moved to approve REZ02-00010, an application submitted by Craig Petit for a rezoning from Low Density Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi- Family (OSA-12) on 1.06 acres to allow a 14ounit multi-family building located on the west side of First Avenue south of Stuart Court, subject to staff approval of a landscaping plan at the time of site plan review. Anciaux seconded the motion. Chait said he appreciated all the work put in to negotiate this difficult piece of property. He said he likes the uniqueness of the property and its design, as well as its sensitivity to the horizon. Chait said the Commission has bemoaned the fact that the same 12-plex buildings are constructed all over the City. He said this is not just like everything else. Chait said the fact that this building would be taller and other issues are accommodations that are made within the ordinance. He said that is why the ordinance is designed as it was. Chait said the developer is not asking for anything unusual that a mechanism has not been provided for. He said he supported this diversity of architecture. Hansen said he agreed with Chait that this is not your everyday run-of-the-mill building. He said it is hard to draw the line when an application concerns the Sensitive Areas Ordinance and how much of a Planning and Zoning Commission Minutes September 5, 2002 Page 5 particular piece of ground to save. Hansen said he also appreciated the effort that went into the redesign of this building, especially the handicapped accessibility features. He said he did not feel this would be the overwhelming high building that one might think because of the dip in the ground there. Hansen suggested that the developer choose the shade trees for the front of the building carefully in order to screen the building from the neighbors across the street as quickly as possible. He said he spent 15 years in the landscaping business, and it has been his experience that a four-inch tree can be moved and can respond faster than a one and one-half to two-inch tree if the right tree is selected and if it is planted at the correct time and fertilized when planted. Hanson suggested looking into the red maple varieties, including cultivars, red sunset, and autumn flame. He suggested the developer think about a screening behind it of arborvitae. Hanson said arborvitaes are a great cultivar, growing about twelve feet tall, and they don't need yearly trimming. Shannon said he likes seeing higher density being built somewhere besides the south side of the City. He said this looks like it will be a nice development, and he would support this. Freerks said she agreed with Chait's comments and said that compromises have to be made, and the height here is the compromise to salvage some of the nice, wooded area. She said this looks to be a nice project but added that this does not necessarily mean that the Commission would approve something like this every time, because every piece of land is different. Freerks said this will probably be a good project for this location. Anciaux commended the developer for sticking with this project. He said this will be a very attractive building. Bovbjerg said she agreed with the other commissioners. She added that the work from beginning to end has resulted in what will be a very good addition to the neighborhood. The motion carried on a vote of 6-0. REZ02-00015, Discussion of an application submitted by James D. Goss for a rezoning of approximately 6.6 acres of property from Low-Density Multifamily Residential, RM-12, to Interim Development Single Family Residential, ID-RS, located on St. Clement's Alley south of Dodge Street. (45-day limitation period expires September 8) McCafferty said at the Commission's last meeting, there were soroe questions for staff that she has researched since that time. She said one question concerned the sewer and where the sewer could come from for this particular project. McCafferty said currently the service is septic systems in this area, with one house on sewer and three properties on septic systems. McCafferty said she spoke with Rick Fosse and Chuck Schmadeke of the Public Works Department, and they informed her that until a more comprehensive engineering study is done on this particular project, it is unclear whether or not this property could be served from North Summit with gravity flow. McCafferty stated that the issue is that there is a steep terrain/ravine between North Summit and this property so that additional study would be required. Also, regarding the Dodge Street lift station, she said more study would be required for that as well. McCafferty said the County Health Department has informed her that, in terms of septic systems, no further development could occur in this area with a septic system. She said essentially one acre of proper~y is required per dwelling unit. McCafferty said in terms of the area of property which could accept a septic system, there is only about one acre, which limits you to the one dwelling unit at 1026 St. Clement's to stay on the septic system. She said therefore no multi-family development could go into this area on a septic system. McCafferty said the Commission had also asked about the amount of area at 1026 St. Clement's that would be developable. She said the City recommends that the right-of-way to St. Clement's Alley be increased to 50 feet so that it could be constructed to meet local street standards. Taking that into account, McCafferty said that in addition to a 20-foot setback, which would be required from these streets, Planning and Zoning Commission Minutes September 5, 2002 Page 6 once you take in an approximately 50-foot buffer that would be required from the sensitive areas, the area which is actually buildable is approximately .65 acres. McCafferty said one of the issues staff is particularly concerned about is the street. She said under the Sensitive Areas Ordinance, the sewer issue and the sensitive features would be addressed. McCafferty said, however, that there may not be a mechanism for addressing the improvements of the street. She said the Fire Department is concerned that this 16-foot chipseal road is not adequate to get fire equipment into this area under all weather conditions. McCafferty said that would be a serious public safety issue if this area were to develop with 24 dwelling units. McCafferty said staff is recommending approval of this rezoning from RM-12 to ID-RS, Interim Development Single Family, for the properties along St. Clement's Alley. She said if the property is zoned ID-RS, that does not preclude future development for multi-family use. McCafferty said the rezoning would require a development plan to be submitted and improvements to the public infrastructure made before a rezoning for multi-family construction could be approved. Chait asked McCafferty to explain the issues regarding the lack of a mechanism for street improvements to be provided before anything is built here. He asked what is missing from the regulations that would require the street to be upgraded before anything could be developed an the property as it is currently zoned. McCafferty said typically, if the City is looking for improvements to be made to the property, the mechanism for that is the rezoning or a subdivision. She said, considering outlying properties that are zoned for interim development, if the City wants to require a particular infrastructure and the developer should pay for the improvements, that is the bargaining chip the City has with the rezoning. McCafferty said currently this is sort of a gray area. She said right now if the property owner were to come to the City for a building permit, he would have to go through the sensitive areas rezoning, but it is rather vague as to whether the sensitive areas rezoning could be connected to the street improvement issue. Chait asked if a structure, in order to be built, has to have frontage on a street of a certain standard. McCafferty replied that a structure has to have frontage on an improved street. She said at this point it is not improved so that one might be able to argue that. McCafferty said this is technically a City street; however, it is staff's position that it should be improved to local street standards. Chait asked if a permit could be issued for something on this property on that 16-foot alley with a chipseal surface. McCafferty said if the sewer was improved, a permit could potentially be issued, even though the street has not been improved. Miklo said staff would rather not see the City be in that position of having to possibly issue a building permit for a number of multi-family buildings on this alley/street. Freerks asked, if the sewer and street were upgraded at some point, how many potential units could be built on this .65 acres. McCafferty said the appraisal states that it is likely that two standard twelve-plex buildings could be constructed here. She said she laid out the dimensions, and two twelve-plexes with parking could be located here. McCafferty said the issue with the standard twelve-plex design is that it is likely that the development would extend into the buffer area. She said, under the Sensitive Areas Ordinance, a developer might have to look at something other than the standard design. McCafferty said the City feels it would be more appropriate at this point to develop this area with six to eight duplexes and in doing that, it would be possible to also save the small historic houses there. Bovbjerg said McCafferty's memo discusses additional multi-family or single-family. Bovbjerg asked if someone could remove the present house and construct another on the same acreage, using the same septic system, which would not require any street or other improvements. McCafferty said it could be done, that one dwelling unit, either the existing or a new one, could be built on this property. Anciaux asked if the City allows any box treatment systems other than septic systems to treat sewage. Miklo said the City does not allow this, and in this situation it would have to be on a City sewer. Anciaux asked, regarding improvements to St. Clement's Alley, if the section that runs up to Dodge Street would also have to be improved. McCafferty replied that it would have to be improved to Dodge Street so that there would be continuous, clear access to City standards to this property. Planning and Zoning Commission Minutes September 5, 2002 Page 7 Chair said that sometimes as part of a developer's agreement, those kinds of improvements are required to move a project forward. He asked how that type of land acquisition would happen if the owner of this property wants to develop his property and is required to improve the street all the way to Dodge Street. Chair asked if the City would help the developer require right-of-way from other owners that the developer would then have to pay for the improvement of. Behr said in a proper setting, such as subdivision or rezoning, if a street needs to be widened and property needs to be required, sometimes there are agreements that the developer must contribute to the cost of that. He said the agreement may have the City do the work, with the developer incurring the costs. Behr said that is not something staff feels could be imposed on a property owner with RM-12 property at a site plan review level, but in the subdivision and rezoning processes, that is one way it is addressed. Anciaux asked if the City could use eminent domain to force the sale of the property for improvements to Dodge Street. Behr replied that if the City wishes to widen a road, it can use eminent domain to get the property it needs to do that. Freerks asked if the City would do that at an applicant's request. Behr said there would be a way to do that, but it is not typically done. He said typically a developer does not come in with a development that needs a road widened, with the City condemning property to do that. Behr said although there would be a way to do that, it would not be at the site plan level of review. Chair said if this were downzoned, in order to get it rezoned again, it would have to meet all of the requirements. He said the City would require the wherewithal to build the road, but part of the developer's agreement could theoretically be the financial burden of the person doing the development. Behr agreed that it could be done, although it becomes more complicated when property acquisition is required. Bovbjerg said most of the property along Dodge Street is commercial and asked, with the potential widening of Dodge Street, what kind of impact that would have on the properties behind St. Peter's Alley. Miklo said staff researched that when working on the North District Plan. He said the properties fronting on Dodge Street are zoned commercial. Miklo confirmed that the City does have plans for the improvement of Dodge Street in this area, but those plans require very little right-of-way. He said there would not be much of a diminishment of property along this area, so the properties could remain commercial and stay pretty much as they are now. Bovbjerg said someone had commented at the last meeting that this looks like spot zoning, and she asked if this would fit the definition of spot zoning. Behr responded that this would not be an illegal spot zone, because the property that is being rezoned shares one characteristic, which is that it is not currently on City sewer. He said this is obviously a relatively unique and specific parcel. He said the rezoning has been carved out in such a way so that it is based on a trait that this property has that surrounding property does not. Miklo pointed out on the map that this parcel is not much smaller and may even be larger than some of the other zones in the immediate area. Public discussion: Jim Goss, 1026 N. Summit, said he lives on North Summit Street but owns a property on St. Clement's Street. He said his primary concern is the devaluation of the property because of the closeness there. He said if someone constructs apartment buildings across the street, someone standing in the living room of one house will be standing looking into the living room of the other house. Goss said there is no street width there, no buffer zone. He said the width of the road plus the setback would be the maximum space. Goss said he did not care to see this property developed. Goss said that one house sits down lower on the one oddball shaped piece. He said someone could build and actually surround that, making it pretty much useless. Goss said that would make the land of the Parrett family, south of where he lives, pretty much useless also. Goss said these aren't million dollar houses, but he would like to keep what he has. He stated that this was zoned R2 at one time. Goss said in 1983 the City rezoned it to RM-12, and at that time, none of the residents were notified it was done without the knowledge of the people who lived there. Planning and Zoning Commission Minutes September 5, 2002 Page 8 Kristine Vrchoticky, 1430 St. Clement's, showed the location of the house she and her husband own on the overhead map. She said she appreciates the fact that the City is now realizing the deficiencies in the area as well as the fact that further development without changing that situation wouldn't make any sense. Vrchoticky said if the zoning isn't changed, there isn't a way to prevent development that wouldn't make sense. She said she could end up with something next to her property that further burdens services she doesn't even have right now. Vrchoticky said she is in favor of the rezoning and is glad the City is recommending that the zoning be changed. Vrchoticky said there are enough problems with the lack of infrastructure with just a house on that lot. She said multiple family dwellings on the property would really be a burden. Tim Vrchoticky, 1430 St. Clement's, said with the lack of the streets, storm sewers, and regular sewers, development would not be a good thing at this time. Hansen asked the Vrchotickys if they have private or City garbage pickup. Mr. Vrchoticky said the City picks up the garbage but workers have to come down the street in a pickup truck. George Baculis, 1014 N. Summit Street, said he owns properties on North Summit Street, and some of his properties adjoin the back of this area being proposed for downzoning. He said the area should not be downzoned for the simple reason that this is how it is, and there is commercial next to it. Baculis said St. Peter's Alley coming from North Summit to St. Clement's Street is all commercial. Baculis said there have been complaints about the road not being wide enough, and he feels that it is time for the City to widen that road, if there is a fire hazard. He said down where this is and into St. Clement's Street there is a water main. Baculis said 50% of St. Clement's Street is right there where commercial is. He said people are jogging around there near Hickory Hill Park and asked why this area doesn't have sidewalks. Baculis said there is no reason for these people to have to say that the garbage trucks can't come down their street, because they pay taxes just like anyone else. He asked why this area can't be done properly. Baculis said all of the front of this whole area is commercial. He said the dairy can't be moved, and all of the other buildings are all new through there. Baculis said the Hilltop is located here also, as well as an auto body shop business. Baculis asked how something like this could be downzoned. He said this is basically the relatives fighting among themselves. Baculis asked the Commission to look at this seriously before rezoning. He said regardless of whether the property is downzoned or upzoned or remains as it is, the road should be fixed. Baculis said there are ruts on St. Peter's Alley that are so bad as to make it unwalkable. He also asked why there aren't culverts through there so that water doesn't go all the way through the area. Baculis said a pumping station should not cost that much right there. He said NCS and ACT are out there, and the City is clear over to Rapid Creek Bridge right now with pumping stations. Baculis said they have all new water lines put in clear up to Moss' Dairy. He asked why it can't be done here, because it's about time. Baculis said he lives on North Summit and there is still lead pipe coming out on the main. Baculis said he does not think that there will be a big apartment complex here. He said the zoning should be left the way it is. He said the commissioners should come to see his property and said that with all of the landscaping, it looks just like Hickory Hill Park. Baculis said no one is going to lose any value here, and the Parrotts will not lose value here, as that is nothing but a ditch. He said no one is going to lose any value; you don't need value because you want an apartment. Baculis said that sounds like discrimination. Baculis said he would love to see elderly housing up here. He said all the old buildings are gone, and there is nothing there any more. Baculis said he would love to see that stay the way it is and would like to see some revenue going in to get the area looking nice. Larry Schnittier, 1917 South Gilbert, said he hasn't studied this property long but did have some questions about the rezoning. He said justification has been presented for downzoning this property and asked about the big RS-8 property to the east, which also does not have sewer and only has a 40-foot right-of-way. Schnittjer said there are attempts to do innovative subdivisions with less than 50-foot right- of-ways all over the City and asked why it cannot be done here. Planning and Zoning Commission Minutes September 5, 2002 Page 9 Schnittjer said he realizes a lot of this area is covered with protected and critical slopes. He said he feels McCafferty's interpretation of the amount of buildable area is approximately correct. Schnittjer said there could probably be adequate sewer to this area through St. Peter's Alley without any real problem, and only the north portion of the site will be developed anyway. Freerks asked Schnittjer if he had developed a plan for this piece of property. Schnittjer said he had not, but he was asked to assist the property owner. Schnittjer asked why this one site has been selected to rezone as ID-RS when there are many other sites in Iowa City without adequate infrastructure. He said when a developer comes in with a development plan for property, he has to provide the infrastructure. Schnittjer said he did not understand why staff is so concerned that a developer would get by without it. McCafferty pointed out that the North District Plan does state that the RS-8 area to the east should be looked at and also potentially downzoned for reasons of inadequate infrastructure. Bruce Haupert, 222 South Linn Street, said in the previous application, discussion centered on handicapped construction, underground parking, good design, and tasteful landscaping. He said his client has not even been given the opportunity to present anything, yet there is this effort to downzone the property. Haupert said he concurred with what Chair, Behr, and Schnittjer said about developers' agreements. He said his client has not had the opportunity to present a plan of any kind. Haupert said there is an insinuation that, and he quoted from the staff memo, "It is likely with the standard twelve-plex designs that it would infringe upon the sensitive areas." Haupert asked who said anything about infringing upon the sensitive areas or anything about the standard twelve-plexes. Haupert said the City feels it would be more appropriate to do such and such. He said his client hasn't had a chance to get off the blocks, and he is just requesting that chance. Haupert said an effort to downzone the property has been initiated by some relatives, and that fact is significant. Haupert reminded the Commission of the objectors to the rezoning, who are on file, and of whom he was told it was unnecessary for them to attend the meeting and stand up to object, because they are on file. Haupert showed the objecting properties on the map as the portion marked yellow, which he said is a significant portion of the property surrounding this properly. Don Vrchoticky, 1026 St. Clement's Street, said he is the owner of the property in question. Regarding Tim Vrchoticky's comments about the garbage pickup, Don Vrchoticky said he built the house, where Tim Vrchoticky is currently living, in the early 1960s. He said at that time there was always a garbage truck coming down the street, as well as a couple of fire trucks at one point. Don Vrchoticky said the fire trucks had no problem, because he allowed the Fire Department to use the street to turn around in. He said Tim Vrchoticky has erected a sign that says, "This is private property. Do not enter," on the road, of which Don Vrchoticky owns half. Don Vrchoticky said Tim Vrchoticky has informed the mailman and other delivery people to not drive on the circle because he owns it. Don Vrchoticky said Tim Vrchoticky does not own the circle, and the street is open for garbage pickup, although Tim Vrchoticky just does not want it to happen that way. Bovbjerg asked Don Vrchoticky to show on the map the property that he owns. Don Vrchoticky said he owns everything on the west side of St. Clement's, with the exception of the middle piece of property where Tim Vrchoticky's house is. McCafferty stated that Don Vrchoticky owns the largest property, which consists of 4.76 acres and also includes the wooded area. Don Vrchoticky said he objects to the rezoning. Public discussion closed. Planning and Zoning Commission Minutes September 5, 2002 Page 10 MOTION: Chait moved to recommend denial of REZ02-00015, an application submitted by James D. Goss for a rezoning of approximately 6.6 acres of property from Low Density Multifamily Residential, RM-12, to Interim Development Single Family Residential, ID-RS, located on St. Clement's Alley south of Dodge Street. Shannon seconded the motion. Chait said his bigger concern here is that there is property in the City that someone is paying City taxes on, and the proposal is to downzone it because it doesn't have infrastructure. He said that is mortifying to him in some respects. Chair said his philosophy in terms of urban development is that of a free market, market-driven, cost-benefit analysis. He said for this property to be developed, it needs to maintain or meet certain standards. Chair said it is pretty obvious that this property does not meet those standards at the current time. Chair said it is his opinion that it would be misguided to downzone this property so that concerns can be addressed that can better be addressed at the building permit level through other regulations. He said it was touched on that this is a gray area and is not quite clear. Chait said the bottom line for him is not about zoning. He said whatever the zoning of this property is does not necessarily mean that is the level of density or development, given that the sensitive areas and the ravines will eat up a lot of land. Chait said a prudent development probably will not have 24 units on it. Chait said a typical twelve-plex probably would infringe on the sensitive areas, although no one is saying that is what would be attempted here. Chair said after looking at that kind of analysis and what was done on the last application, he does not feel this issue is really about zoning. He said he would vote against the downzoning more for the indignity of in-town property having this level of infrastructure. Chair said he appreciates and shares staff's concern but does not feel that this is about zoning but is about getting infrastructure and the kind of development requirements that happen everywhere else in this City. He said it is a mistake to address this by downzoning, as opposed to tightening up the requirements for development to be on whatever it needs to be on to meet the City standards. Shannon said he cannot see why this property is being downzoned. He said he did not see that downzoning is going to make the street any wider or improve it any. Shannon said apparently all the property owners around there feel the same way. He added that until something else happens, the zoning should stay the same. Shannon said he very much dislikes people attempting to change the zoning of someone else's property without input or something from the person who owns the property. He said in keeping with that thought, he is against this rezoning. Freerks said she disagrees with Chair and Shannon on a lot of points but is somewhat torn about this. She said that 20 and 40 years ago, when the City rezoned a good portion of the central area, the City really did not have much input from the people who lived there. Freerks said that has not been corrected for a lot of areas in Iowa City. Freerks said the current zoning needs to be looked at in a number of places and not just on a piece by piece basis. She said she believes the whole Central District should be looked at, and staff needs to look at the entire area. Freerks said just because something was zoned RM-12 20 or 40 years ago does not necessarily mean that is the best answer for that property. Freerks said perhaps to downzone this now might be a good idea. She said it doesn't mean that area can't be developed, but it can be looked at when it is rezoned later. Freerks said it looks like there are loopholes at this time, and there could end up being something there that really should not be, in terms of infrastructure and safety issues. Miklo stated that this is actually on the edge of the Central District and North District. He said the City did look at the entire North District, and the District Plan, which the Commission recommended be adopted and was adopted by the City Council, did identify this property as well as other properties, including the RS-8 area on the other side of the ravine, as being appropriate for a lower density zone due to lack of infrastructure. Miklo said staff has not yet had time to propose a City-initiated downzoning of those areas, Planning and Zoning Commission Minutes September 5, 2002 Page 11 although the City Council has given staff some instruction to look at some of the commercial areas staff proposed zoning as part of the North District Plan. Miklo said therefore the City may soon be before the Commission with City-initiated zonings to implement the North District plan. He said if one of the property owners had not approached the City with this application, staff probably would have been proposing this at some point in the future. Miklo said looking at the area comprehensively was therefore done as part of the North District Plan, and that plan does suggest the present zoning is too high at this point until the infrastructure is improved. Miklo stated that there has been discussion regarding a developer's agreement and how it would be an opportunity for the City to require the upgrade of the street. He said it may be possible to build on this property without a developer's agreement, because a subdivision would not be necessary. Miklo said that is why there is this gray area in which the City could end up with a multi-family or two multi-family buildings without an adequate road. He said that is why staff supports a downzoning at this point. Freerks said this property could still be developed with eight duplexes or something similar, and things would probably be better for most people in the long run. She said it is untrue to say that everyone is against the downzoning, because obviously there are some people in favor. Anciaux said he agrees that it has to be cost-effective for the developer to make improvements, so he does not envision duplexes here. He said he does not think economically it will be as viable to put in a wider street for duplexes as it would be for twelve-plexes. Anciaux said there have been comments made about the City abandoning this area and not putting in any improvements. He stated that for every development in the City, the developer installs the streets, sewer, and infrastructure. Anciaux said in this case these things evidently weren't put in and haven't been paid for by the property owners. He suggested that if the owners want the improvements, there should perhaps be a special assessment on those properties to pay for them. Anciaux stated that he has voted against a couple of other rezonings that were requested by persons not owning the property. He said he has not seen anything to really justify any change in that stance yet. Hansen said this is a fight between property owners and the City about sharing costs. He said if there is development, and there seems to be a possibility of development in the future without any change in the current zoning, there could be some safety issues regarding getting large equipment down the street. Hansen said he would like to see the street brought to City standards. He said that the comprehensive and district plans discuss downzoning this area of the City, and he does support those plans. Bovbjerg said on this application she could vote either way, but her basic tenet is that, "Above all, do no harm." She said if something doesn't have to be changed, then it should not be changed. Bovbjerg said what exists now with regard to infrastructure and topography is so restrictive that there is no way to get multiple dwellings up there and have them be approved. She said a new house could be placed on the old house's foundation and could use its septic tank, but it seems that is all that could happen here. Bovbjerg said downzoning would hold things the way things are, but it seems that the way things are will keep them the way they are anyway. She said she would want to see some kind of comprehensive re- analysis of all this zoning. Bovbjerg said she would vote in favor of denying this rezoning, because it is unnecessary at this time. She said it is open for further analysis. The motion to recommend denial of the rezonin.cI carried on a vote of 4-2, with Anciaux, Bovbier.q, Chait~ and Shannon votinf~ yes and Freerks and Hansen votinf] no. Miklo stated that if the applicant wishes to go forward with this, he may request a public hearing at the City Council level. Chait said he would like to see the concerns around building anything on this type of alley and the inadequacies of the street get out of a gray area. He said he would like to go forward with whatever the Planning and Zoning Commission or Building Department needs to do to make that happen. Chair said Planning and Zoning Commission Minutes September 5, 2002 Page 12 this is a forewarning that this needs to be dealt with before there is another applicant who goes right to building something that there are concerns around. He suggested it go to the top of the work list. Anciaux said he did not believe there are any lead pipes in the City's water distribution system. He said that if there are lead pipes, they are the private lines that lead from the public lines. SUBDIVISION ITEM: SUB00-00013. Discussion of an application submitted by NICK Partners for the final plat of Village Green, Part XXlI, a 9.31 acre, 24-1ot residential subdivision located north of Wellington Road and west of Scott Boulevard. (45-day limitation period expires October 12) Miklo said the Commission reviewed the preliminary plat and planned development overlay for this property a few months ago. He said those items are now being considered before City Council. Miklo said approval of the final plat would finalize the process, and the plat as submitted is in order for approval. He stated that staff recommends approval of the plat subject to staff approval of legal papers and construction drawings prior to City Council consideration. Public discussion: Ron Amelon,1072 Goldenrod, said he represents MMS Consultants and was available to answer questions about the application. Bovbjerg stated that the corner of Wellington and Scott has multi-family units on it and asked if those were all to be on one lot. Amelon confirmed this. Bovbjerg asked if these units will be accessible to those with disabilities. Amelon confirmed this, saying that the developer has stressed to him the importance of the grading being laid out so that these units are accessible. Public discussion closed. MOTION: Freerks moved to approve SUB02-0001:~, an application submitted by NICK Partners for the final plat of Village Green, Part XXlI, a 9.31 acre, 24-1ot residential subdivision located north of Wellington Road and west of Scott Boulevard subject to staff approval of legal papers and construction drawings prior to City Council consideration. Hansen seconded the motion. Thee motion carried on a vote of 6-0. CONSIDERATION OF THE AUGUST 15, 2002 MEETING MINUTES: Bovbjerg said she had some editorial wording changes that she discussed with Behr that did not change the essence of the minutes. MOTION: Shannon moved to approve the minutes of the August 15, 2002 Planning and Zoning Commission meeting. Chair seconded the motion. The motion carried on a vote of 6-0. Freerks asked if there was any information from the University regarding the vacation on Grand Avenue. Miklo said staff has drafted an agreement for the University's consideration regarding the historic property, but otherwise the University has provided no further information. Shannon asked Behr if Iowa City was somewhat unique in the fact that someone can request a rezoning of another person's property, as he understood that in other municipalities the person whose property is to be rezoned is required to sign off on that rezoning. Behr answered that Iowa City may be unique in how often this happens, but the City is not unique in that legally someone can make the request without the owner's approval. He said he would disagree with the contention that it is common for the property owner to have to approve. Behr said whether a person applies to rezone someone else's property or he requests that the City rezone that property on its initiative, it either comes to the Commission with a staff opinion with another Planning and Zoning Commission Minutes September 5, 2002 Page 13 property owner as an applicant or with the City initiating a rezoning, and the Commission still gets a staff recommendation. He said it is different in how it originates, but it is still permissible. Shannon asked, should there be an attempt to propose an ordinance to at least give the property owner a say in whether the application should even come before the Commission, if it would be legal or illegal to propose such an ordinance. Behr said the City sometimes tries to downzone property, and the property owner oftentimes does not agree, so that would be a problem with such an ordinance. Miklo said State legislation addresses this by mandating that if the owners of 20% of the land to be downzoned object to the rezoning, then an extraordinary majority vote of the City Council is required, six out of seven votes. Behr confirmed that this is true regardless of who initiates the rezoning. Freerks said oftentimes people are left trying to fend for themselves in righting the rezoning wrongs that were done many years ago. She said that is something the City should look at, and the City should not ask for people to have to individually rezone their properties. Freerks said the City should not be afraid to make a change sometimes if it wants a neighborhood to remain a neighborhood. She said there is really no difference in the value of what we feel what a person's property should have been 40 years ago as what it is now. Freerks said that just because property values have risen does not mean that that should be a taboo thing to address and to look at. Hansen said the Commission has addressed that by adopting the district plans the way they have been adopted. Freerks said, however, that the one big one is the Central District, and that is the one that causes all the problems, and it seems like the Commission still hasn't addressed that. Miklo said the question for the Commission to consider is whether the Comprehensive Plan should be amended to show this property on St. Clement's Alley as multi-family, because that is basically what the previous vote by the Commission means. Freerks suggested the Commission spend some time looking at the zoning recommended by the district plans, looking at these things as a whole, and determining what the Commission wants to see in the future. Miklo said, as an example, that the Southwest District Plan has been successful in that the plan is done, and the recommendation of the downzoning of the Rupert property is being processed right now. He said the Commission may want to see to these issues of implementing the zoning shown in the district plans more immediately rather than waiting several months; it is just a matter of staff finding the time to work on these downzonings. Bovbjerg said a lot of people who come before the Commission with an issue feel the Commission truly listens and is responsive. She said anyone who wants to can read the minutes to find out what is behind these discussions. Bovbjerg added that the City Council really wants to know what is behind the Commission's decisions, because the Planning and Zoning Commission meeting is where people talk with the Commission members as representatives of the City. She said it is very important that people have this forum and the right to apply for rezonings. Regarding the downzoning issue, Chait said he considered the option of deferring the application to allow for the concerns addressed in the North District Plan to be addressed in a broader view. He said, having voted down the rezoning, that he was still open to looking at the bigger issue that Miklo discussed with regard to doing these rezonings as time allows. Miklo asked Chair if he would rather see a number of rezonings, some of which will actually be upzonings, brought before the Commission as a package versus doing them on a piecemeal basis. Chair said if the North District Plan says the RS-8 in this area should be looked at, he would prefer to see it looked at comprehensively, not just as a response to a family disagreement. Bovbjerg asked if the Commission would like to ask staff to look particularly at areas with not enough infrastructure to support their current zoning. Miklo said the Economic Development Committee of the City Council has asked staff to look at the Dodge Street area, because the plan calls for the upzoning of that area. He suggested staff look at all the other properties, including this one again, at the same time. The consensus of the Commission was that it should be done that way. Planning and Zoning Commission Minutes September 5, 2002 Page 14 Freerks said she did not want to look just at infrastructure but also at what the Commission would like that neighborhood to look like. Hansen said the Commission needs to change the zoning of all the properties in question to match what the Comprehensive Plan says it should be. He said the Commission needs to get those things in place quickly in order to support the district plans. Bovbjerg said she brought an interesting article regarding modular homes for anyone who was interested. Anciaux asked if staff knew why Prentiss and Harrison streets are fenced off. Miklo said John Adams is working on finding out what happened there. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. Minutes submitted by Anne Schulte FINAL/APPROVED POLICE CITIZENS REVIEW BOARD ~ MINUTES - July 9, 2002 CALL TO ORDER Chair John Stratton called the meeting to order at 7:00 p.m. ATTENDANCE Board members present: John Stratton, Bill Hoeft, Loren Horton, Bev Smith (7:10), John Watson. Legal Counsel Catherine Pugh, Staff Marian Kart. Also in attendance was Captain Tom Widmer of the ICPD. Members of the public also in attendance were Brandie Siebel and Molly Meng. CONSENT CALENDAR Motion by Horton and seconded by Hoeft to adopt the consent calendar as amended. Stratton had two amendments to page 3 of the June 11 minutes. Under "Board Information" delete the last sentence of the first paragraph; and under "New Business - Annual Report" add the words "for statistical purposes" to the last sentence of the first paragraph. Watson had one amendment on page 1 under "Old Business - PCRB Video" where it states "Watson suggests offering the video." He thought this implied that the Board was giving the videos away when he meant offering to show the video. The sentence was changed to: "...suggested through a mailing to offer to show the video." · Minutes of the meeting on 06/11/02 · ICPD Quarterly Report/Summary Report - Quarter 2 - 2002 · ICPD Use of Force Report - May 2002 Motion carried as amended, 4/0, Smith absent. OLD BUSINESS · PCRB Annual Report Motion by Hoeff and seconded by Horton to accept the report. Motion carried, 4/0, Smith absent. ·PCRB Video Cost Update Karr clarified that the total project cost of $1,365 was discounted to $682.50 and then cut by half as a result of permission given to Channel 4. The final cost is only $341. NEW BUSINESS · NACOLE Membership Renewal Stratton stated the Board's year of free membership to NACOLE is almost up and noted the invoice included in the packet for the coming year. PCRB-Page 2 April 9, 2002 Currently the Board pays $100 a year as an associate member. Stratton noted the NACOLE articles are scanned into the City Clerk's office computer and can be accessed by the Interoet. Hoeft stated that he reads through the items, but he doesn't see the benefit. Stratton stated that the clipping service helps to inform the Board about the concerns around the country and it can give the Board insight as to what is going on. Stratton said that they also have a list of organizations like the PCRB that they may want to contact in the future for information. The Board deferred a decision on renewal of the membership to the next meeting. In this time they will explore the web site and see what other things membership provides. 'PUBLIC DISCUSSION No public discussion. MEETING SCHEDULE Stratton said they will only meet for the August meeting if the recent complaint would be ready to be reviewed. Widmer did not expect the complaint to be fully investigated by the Department by that time. The Board decided to leave the ^ugust meeting open and then cancel a week prior if no new business comes up. · August 13, 2002, 7:00 P.M., Lobby Conference Room · September 10, 2002, 7:00 P.M., Lobby Conference Room · October 8, 2002, 7:00 P.M., Lobby Conference Room · November 12, 2002, 7:00 P.M., Lobby Conference Room BOARD INFORMATION Hoeft had a baby boy, William Phillip, on May 18. Also Hoeft is 95% sure that they are going to build a house in Coralville to be completed in the spring. Stratton said that the ordinance does not require that the person with police experience be from Iowa City. Kart said that it allowed flexibility and she would report back. Horton will not be able to attend the October meeting. Stratton may not be able to attend the November meeting. In response to Smith, Stratton clarified the cost of the video to the Board is $341 - one quarter of the cost instead of one half. STAFF INFORMATION No Staff information ADJOURNMENT Motion for adjournment by Horton and seconded by Hoeft. Motion carried, 5/0. Meeting adjourned at 7:20. MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, AUGUST 20, 2002 MEMBERS PRESENT: Lori Benz, Joanne Hora, Jay Honohan, Allan Monsanto, Charity Rowley, Deb Schoenfelder and Carol Thompson at 3:30. MEMBERS ABSENT: Jim Schintler STAFF PRESENT: Michelle 13uhman, Linda Kopping, Susan Rogusky and Julie Seal. GUESTS: Melvin Dvorsky CALL TO ORDER Honohan called the meeting to order at 3:05 MINUTES Motion: To approve the July minutes as distributed, The motion carried on a vote of 7-0, Rowley/Hora PUBLIC DISCUSSION Melvin Dvorsky reported that he spoke to the Board of Supervisors on Thursday morning to ask for their continued financial support as far as the Senior Center's operational budget is concerned. 28 E COMMITTEE- Thompson No report Available THE EXECUTIVE COMMITTEE ON STRATEGIC PLANNING - Honohan The Executive Committee comprised of Charity Rowley, Joanne Hora and Jay Honohan, met with Linda Kopping to discuss what to do now that the County has officially terminated the 28E Agreement. This means that the Senior Center no longer has an agreement with the County starting July 1, 2003. The Board of Supervisors would like to have the Senior Center and the City of Iowa City to consider other options as far as funding is concerned. The County would like the Senior Center to provide suggestions for a new 28E agreement. The Executive Committee would like to have a meeting with the Commission, staff and the Participant Advisory Committee to look at both short and long term plans for the Senior Center. This maybe the time to change the focus of the Senior Center. There has been much discussion regarding the funding of the Senior Center. Discussions included: the County paying only the rural participants providing a lump sum of $50,000 asking Coralville and North Liberty to pay a portion of the operational budget At this point the funding is up in the air and the burden is on the Senior Center Commission and Staff to come up with a plan to fund the program. C:\WlNNT~Temporary Internet File$\OLK3FC\aug02.doc MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, AUGUST 20, 2002 2 Maybe this is the time to change the focus of the Senior Center. There have been concerns about the future of the Dining program possible moving out or serving frozen meals. With everything is going on the Commission needs to look at the "what ifs", such as what if there is no longer a meal program? What if we do not have any funding from the county? Commissioners and staff voiced concerns about being reactive as opposed to reactive. The planning meeting should focus on vision and then move to the what ifs, the broad to narrow. The Executive Commission is planning a meeting before the big meeting in order to have some sort of plan. The Senior Center funding will be on the agenda in Joint City/County/School Board meeting on Sept. 25 in Coralville 4 PM. Commissioners suggested that we look at someone new to facilitate the planning meeting this year. Benz suggested that the Commission consider using work done for the Senior Center Accreditation as a base and a resource for the direction in which the Senior Center is heading. Primarily, the work done concerning the funding for the Senior Center. The people who worked on the Accreditation would be a valuable resource when looking at the direction the Senior Center would go. It was mentioned that time is of essence for this planning. The budget process for FY04 starts for both the County and the City in September 2002. Motion: To set a date for a long range planning session, The Executive Committee will prepare a report to be reviewed at that meeting, A facilitator will be hired for the meeting. Hora/Rowley, Motion carried on a vote of 8-0. The meeting date was set for September 9 from 4:00-8:00PM. The Participant Advisory Committee will be invited to participate in the discussion. NUTRITION PROGRAM LEASE UPDATE- Honohan The lease should be in writing by next week. Heritage is still reviewing the inventory list and should be sending the Senior Center a response by the end of the week. REPORTS Gift Fund A copy of the FY02 yearend gift fund amount was distributed and reviewed. Participation A copy of the FY02 participation report was distributed and reviewed. Senior Center Annual Report Commissioners discussed the annual report. Motion: to approve the Senior Center Commission Annual Report as distributed Motion carried on a vote of 8-0. Schoenfelder/Hora 08/27/2002c:\winnt\ternporary intemet files\olk3fc~aug02,doc MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, AUGUST 20, 2002 3 SENIOR CENTER UPDATE Operations - Kopping Independent Contractors Liability Insurance Kopping is working with the City Manager, the assistant City Attorney, and the Assistant Finance Director to find a resolution to the problem of liability Insurance for Senior Center independent contractors. The City Manager is preparing a memo for the City Council addressing this issue. There should be a favorable resolution to this problem. Senior Center Doors New doors on the North Side of the building have been installed. The electronic openers are scheduled to be installed later this week. Budget Carryovers Budget Carryover requests have been submitted. Just about everything has been carried over to purchase the elevator fire alarm system and to repair the sidewalks in front of the building. Money to print the Senior Center brochure has also been carried over to next year. Annual Picnic The Senior Center's Annual Picnic is scheduled for September 12, 2002. The total cost of the picnic will be around $2250.00. Thera should be about 300 people at the picnic. US Bank is providing $1,000, in funding, and Hy-Vee on Dodge Street is providing $600 in funding for the event. The remaining $650.00 would likely come for the gift fund, if approved by the Commission. Motion: To provide $650.00 in gift fund money sponsor Senior Center's annual picnic. Motion carried on a vote of 8-0. Rowley/Monsanto. Pro,qrams - Seal Seal highlighted programs for the 21st Anniversary, including the picnic, and a square dance. For a complete listing of programs please see the September Post. Volunteers - Rogusky Rogusky reported that the Quilt Raffle made $2,056.06 this year, almost twice as much as last year. The web page is scheduled to go online as of September 3, 2002. The Postwill be available online as well as daily schedule of events and the Elder Services lunch menu. The Center for Learning (CLR) in Retirement has its kickoff on September 4, 2002. Registration begins on September 5, 2002. The group has been working with Kirkwood Community College. A woman has volunteered to help in the CLR office and will also be offering a tap dance class next semester. 08/27/2002c:\winnt\temporary internet files\olk3fc~aug02.doc MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, AUGUST 20, 2002 4 CITY COUNCIL - Honohan Honohan reported on the new room use policy, the Johnson County Task Force meeting. Honohan responded to the question of possible charging rent to in-house agencies, and charging participation fees. BOARD OF SUPERVISORS - Honohan Honohan reported that the Commission would like to keep the 28E agreement as is. COMMISSION DISCUSSION Next Months Commission Visits and Assignments Schoenfelder will write the Post article for the September Post. Rowley will go to the City Council meeting tonight. Carol will report at the Board of Supervisors Lori will write the Post Article October Post, Motion: to adjourn. Motion carried on a vote of 8-0. Monsanto/Kelly 08/27/2002c:\winnt\temporary intemet files\olk3fc~aug02.doc