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HomeMy WebLinkAbout2002-11-05 Bd Comm minutesMINUTES HOUSING AND COMMUNITY DEVELOPMENT FINAL/APPROVED WEDNESDAY, SEPTEMBER 12, 2002- 6:30PM HARVAT HALL Members Present: Lori Bears, Amy Correia, John Deeth, Rick House, Jayne Sandier, Jerry Anthony, Morgan Hoosman, Mark Edwards Members Absent: None Staff Present: Tracy Hightshoe, Stephen Long City Council Members Present: Irvin Pfab Others Present: Brian Loring, Bob Burns, Jesse Burns, Charlie Eastham, Maryann Dennis, Alaina Welsh, Nancy Stensvaag, Bill Greazel Call to Order Rick House called the meeting to order at 6:32 PM. Approval of the May 29 and June 13, 2002 Minutes MOTION: Deeth moved that the minutes of May 29 and June 13, 2002 be approved as submitted. Bears seconded the motion. All in favor, motion passed 7-0 (Hoosman absent at this point in time). Public/Member Discussion of Items not on the Aqenda Introductions were made. Neighborhood Centers of Johnson County (Request project revision- FY97 Pheasant Ridge Facility) Loring requested to change their current loan terms (FY97) into a conditional occupancy loan or a declining balance loan, as this is the current practice for many public facility projects. One payment has been made on the loan to date. He explained that budget cuts have hit hard, so there is very little discretionary money to use to match grants or provide child care programming, like after school activities. Long clarified that the loan was originally set up with payments of $9,151.43/year over 12 years, 1% interest. The current balance is $94,878.57. The total project CDBG award was $335,000. $235,000 was in the form of a grant or declining balance loan and the remainder was set up as a loan. Hightshoe explained that the commission must look at the possible repercussions of granting this request. There are existing public facility loans from previous years, such as Hannah's Blessing and UAY. Sandier asked if the loan agreement listed consequences if not paid on time. Long said that there would only be consequences if the loan were not paid at all. The City has historically been very flexible about payment schedules. Loring explained that there are no reliable sources that his agency can go to for program funding and hoped to lessen their annual payment to free up funding for programming needs. (Hoosman arrives) Hightshoe listed possible options for HCDC: 1. Grant the request and change the loan into a conditional occupancy loan 2. Extend the term to reduce payments and/or change the 1% interest rate 3. Grant a partial request - forgive a portion of the loan. Hightshoe directed members to a prior HCDC memo that outlined the history of this project. Sandier asked if there was a possibility that a portion of the loan could be made into a conditional occupancy and the other 50% amortized over a number of years. Loring noted that they would rather have a conditional occupancy loan, but would not decline an opportunity to reduce their payments. The next payment is due in Oct. and they are already one payment behind. MOTION: Correia moved that the loan be changed to a conditional occupancy loan. Bears seconded the motion. Motion defeated 4-4, with Anthony, Sandier, Edwards and House dissenting. Housing and Community Development Minutes September 12, 2002 Page 2 MOTION: Correia moved that half of the loan's balance be changed into a conditional occupancy loan and the remaining by amortized over 30 years. Deeth seconded the motion. All in favor, motion passed 8- 0. Monitorin,q Reports Domestic Violence Intervention Program- Furniture Project (House): House reported that he had not done the report. Hightshoe reported that all of their FY02 money has been spent. DVIP signed a FY03 CDBG contract to ensure they would be in operation for a minimum of six months. The City may take over the program to reduce costs and have the facility right at the landfill to facilitate operations and make collection easier. Public Hearing and Approval of FY02 Consolidated Annual Performance and Evaluation Report (CAPER) Public Hearing- None. Correia had the following comments: Page 14, Section G) Could the Housing Commission provide more information about the programs mentioned and how they work? Page 17, Section B) She would like more information on how and why more funds are becoming available for economic development. Pages 20-21) Questions about the table; need clarification. City Steps has priority need level high for elder services and for City of Iowa City Housing Rehab Program; where are the corresponding charts in this packet? Were the households served at zero to 30% MFI? Were beneficiaries mostly in the below 50% range? Page 23) In FY02 did any HOME funds go towards rental assistance? Page 27) Regarding the Affirmative Marketing Chart, where are the households? Are they all HOME funded projects? Why the disparity between the success of African Americans and Whites? What is meant in this context by the word "successful"; what are the criteria? Are the criteria fair to African Americans as well as Whites? Can staff look into reporting of these successes to make sure that there is no duplication? Regarding the Section 3 forms, what are the policies regarding the employment of minority contractors? Is there a way to encourage the employment of more minority contractors? Staff will address Correia's concerns. A Summary of Comments with staff responses will be included in the CAPER and sent to HCDC members. MOTION: Sandier moved that the commission accept CAPER as written, with the addition of the above noted comments. Bears seconded the motion. All in favor, motion passed 8-0. Reallocation of FY02 HOME Funds - Formulate a Reallocation Recommendation to Council Review Project Applications. House suggested that each applicant give a two to three minute presentation with highlights of the project. After the presentation, there will be time for questions. Prairie Gardens- Welch reported that they are proposing to build scattered site affordable housing (duplexes & single family) depending on what funding is available. Burns and Burns have close to 50 projects throughout the state and have a record of completing projects on time and on budget. She noted that there is currently a high need for four bedroom units in Iowa City, but they don't have any currently. They also work with local human service organizations. They have identified '10 lots for 14 units. Welch handed out typed responses to the commissioner's questions. Greater Iowa City Housing Fellowship (GICHF)- Eastham stated that he is the Co-Chair of the Longfellow Neighborhood Association and has spoken with the members about the prior Metro Plains proposal and Housing and Community Development Minutes September 12, 2002 Page 3 the proposed GICHF/ICHA project. The neighborhood believes that GICHF/ICHA can do the project better and be more neighborhood friendly. Eastham stated GICHF is comfortable working with the Longfellow Neighborhood. Dennis commented that GICHF truly understands the great need in Iowa City for family rental housing. The project would consist of both home ownership and family rental units. All units will be duplexes. Were design permits, the duplexes will be above and below units. Dennis said that they were prepared to respond to the commissioners questions as outlined in the staff memo, but did not prepare a written response. Dennis responded to House's question about the Peninsula delay, saying that it is beyond their control. The developer has to have the lots ready before they can purchase and build. This has not been done yet. Dennis noted that they are not the developer for the subdivision. She believes construction in Longfellow will most likely precede construction for the Peninsula Project. GICHF is also finishing rehab on another project with FYO0 funds. Their vacancy rate is 2.45% a year, which is lower than other Iowa City rentals. The developer fee is budgeted under administrative costs. Metro Plains is currently the owner of the proposed lots. They will sell to GICHF, but partial funding won't be enough for GICHF as Metro Plains is firm on lot prices and won't wait for the GICHF to secure all funding sources. GICHF will do the best they can, but it depends upon the degree of funding awarded for this project. At some point, the project is not feasible. They can not proceed with the project with an award of $100,000. HOME funds are not secured at this time, they will know early next year. If State HOME money is not awarded, they will look for other funding sources. Owner-occupied housing has full property tax liability. Each homeowner pays property taxes and insurance. Rental units have property tax exemption, however GICHF usually makes a payment in lieu of taxes (approx. 25% of the full tax amount). Each homeowner would have to pay neighborhood association fees. GICHF pays the fee for the rental units. Habitat for Humanity- Stensvaag, the Director of Habitat for Humanity, reported that they are a non-profit organization that builds houses with and for families. They sell these homes with interest-free mortgages. The mortgage payments are paid directly to Habitat and the funds are recycled to provide more homeownership opportunities for eligible families. Greazel said that they are requesting money to assist the project on Court St. Oaknoll is donating a home and moving it to Court St. Habitat will then recycle the home to make it handicap accessible. They could apply for house moving fees, but it would add $8,000 to the application. They are able to proceed with partial funding, however much more slowly. Discussion followed. MOTION: Sandier proposed that $30,000 be allocated to Habitat for Humanity. Anthony seconded the motion. All in favor, motion passed 8-0. MOTION: Correia moved that the balance be allocated to GICHF. Hoosman seconded the motion. Motion passed 5-3, with Anthony, House and Sandier dissenting. Review Process for Considerinq Amendments to CITY STEPS Hightshoe noted that there is a timeline draft in the commissioners' packet with tentative dates for amendments to CITY STEPS, the City's five-year plan that is used as a guide for the allocation of resources for housing, jobs and services for Iow-to-moderate income persons in Iowa City. There was some discussion about conducting focus groups regarding neighborhood priorities. Hightshoe will look into advertising this and will contact the commissioners about the details. Selection of Projects to Monitor in FY03 Projects selected: Sandier- furniture project Anthony- Affordable rental and affordable housing, new GICHF Edwards- Housing Rehab, Neighborhood Center House- Small repair, MECCA Hoosman- Hannah's Blessing, UAY Hightshoe will produce a list of who has which project for the commissioners. Housing and Community Development Minutes September 12, 2002 Page 4 New Business City Council September 9, 2002 Housing Issue Discussion Update. Hightshoe referred commission members to the handout, CDBG/HOME Funding for Housing Projects. The Council would like HCDC to make recommendations for the FY04 application cycle for certain housing criteria such as cost per unit, proportion of professional fees and percent of owner investment. The Council decided on interest rate standards for developers. This standard will be the prime rate minus two points for profit developers and 1% for non-profit developers. She said that a new intern would do research on some of these issues and discussion will follow at next month's meeting. Adjournment MOTION: Correia moved that the meeting be adjourned. Deeth seconded the motion. All in favor, motion passed 8-0. Meeting adjourned at 9:15PM. shared on cit yn ~'pc~/rnin u t es/hcdcfn cdc09o 12-02 .doc FINAL/APPROVED MINUTES IOWA CITY HUMAN RIGHTS COMMISSION CITY ATTORNEY'S CONFERENCE ROOb1 September 24, 2002 MEMBERS PRESENT: Lisa Beckmann, Paul Retish, Bob Peffer, Keri Neblett, Lucia Page, Nick Klenske, Jan Warren, Charles Major, Rick Spooner MEMBERS ABSENT: None STAFF MEMBERS: Heather Shank 1. CALL TO ORDER: Meeting called to order at 7:05 p.m. 2. APPROVAL OF MINUTES: Beckmann asked for approval of minutes and or changes in the minutes from the September 10th meeting. Page made correction in the Adjournment Section. Motion to adjourn was made by Neblett and not Page. Motion to approve minutes as amended by Retish and seconded by Page. Motion: Minutes as revised unanimously approved. 3. RECOMMENDATIONS TO COUNCIL: None 4. NEW BUSINESS: Beckmann stated that she couldn't attend the October Commission meeting on the 22nd. The meeting was rescheduled for October 15th. 5. OLD BUSINESS: Breakfast Details: Shank passed out a nametag for Klenske and pins and clips for the back of other Commission nametags. Beckmann stated that Page, Klenske and Major are the "ticket takers" and reminded them to be at the breakfast at 7:00 a.m. Beckmann asked if anyone had money to turn in for the breakfast. Shank reported that 186 tickets had been sold so far. Warren asked about getting the surveys to the breakfast and Shank said that she would take care of it. Beckmann asked Warren, Retish and Peffer to make sure the surveys are picked up from the tables. Beckmann reported that she had received a call from Allison Ames Galstad, who was once the chairperson of the Human Rights Commission. Galstad indicated that there were persons in the community that wanted to present a community recognition award to Shank for all her accomplishments. A Human Rights Award will not be presented, however, since it might look biased. Galstad also asked Lisa to inquire as to, (1) whether the Commission would approve of this award and (2) whether the Commission would be interested in being a co-sponsor of the award. Beckmann called and talked with Retish and they've agreed to do this. Galstad will present the award and her comments will clarify that it isn't the Commission who is bestowing this award to Shank. Survey Testing: Beckmann met with Shank and Warren to discuss and redo the survey and they were pleased with the results. Warren pointed out that (1) there is a typo with the lettering system of E and F, (2) that E is labeled Sexual Orientation and F is also Sexual Orientation, and (3) gender was not included as one of the categories. Shank will make the necessary corrections. Beckmann will announce at the breakfast that the surveys are on the tables and explain that it will not be used as a statistical tool but rather as a guideline for future educational programs. Beckmann suggested using the survey as a student project. She feels that the survey can not be used statistically. Beckmann would like to see what the overall results of the survey are before looking for a student. She also doesn't want to have the public waiting for the results of the survey. Shank asked if the survey should be taken to the senior center. Warren suggested waiting until the Commission sees the surveys from the breakfast. Beckmann asked if there is a "master" calendar of events that the Commission is usually involved in. Beckmann would like to have a plan as to where we could take the survey in the future. Warren asked if the demographic descriptions were appropriate and she wanted to make sure that there were no areas that might be offensive to people. Retish suggested that GOBT be spelled out. Registration-Diversity Conference: Beckmann stated that Page and Neblett would be in attendance. Shank handed out the programs to those attending and reminded them to keep receipts, etc. for reimbursement. Out-of-date Commission web site: Beckmann contacted the people that run the University Hospital web site and she was told to contact a web site called Register For Less and type a specific address to find out who owns those sites and when they expire. Then our web master can email Yahoo with that information and tell them that specific web sites are old, and registered to a specific person who no longer maintains them. Then they can redirect the links to the most current web site. Shank said that she would check into it. Unemployment and Underemployment with persons with disabilities: Beckmann asked Spooner if he wanted to comment on this issue. Spooner stated that he made some contacts with the papers and the census bureau, but he is still not sure where to go from here. Retish offered his assistance on references and reading material. Spooner indicated he would like to develop a public awareness program and he is looking for Commission input on which way to go. He further stated that this is a personal issue for him and some of his friends. Shank reported that she recently read an article that came from the American Bar Association. The article suggested the ADA as it pertains to employment was not effective any longer. Spooner further reports that the disabled unemployment range is from 30-50%. Shank suggested that Spooner might contact John Watson at Goodwill and be a spokesperson for them and their employment services. Beckmann suggested a possible public forum that focuses on community efforts to assist persons with disabilities. Commission term expiration: Beckmann reminded members whose terms will expire in November that they will have to reapply to be considered. The terms of Warren, Major, and Klenske will expire on January 1,2003. Beckmann will announce vacancies on the Commission at the HR breakfast. The City Council generally announces the vacancies at a City Council meeting in November. 2 Display at library: Retish asked if anyone went to see the display at the library. He mentioned the display at the last meeting and at that time he encouraged the Commission to go and look at it because he wanted some feedback. Commission retraining: Retish asked Shank about Commissioner retraining and stated he was unsure what that meant. Shank said that an effort is being made to clear up any confusion that the Commission may have when they read an investigative file. Shank wants to go over with the Commissioners the elements necessary to establish a prima facie complaint. Patriotic Act: Beckmann stated the information for this was not included in the packet because it is 168 pages long. Shank will email the web site information to everyone. Peffer brought up a case that he was hesitant to sign, but he did. He stated that the Commission receives cases and he feels that he just signs them and that is a concern to him. Shank strongly emphasized that she does not want Commissioners to just sign an opinion. She wants the Commissioners to understand what they are signing and understand the law that the Commission enforces. Shank indicated that Peffer should ask questions in order to clarify the law. In terms of the disability law, Peffer indicated he did not like it. Shank stated that the changes in the law have worked to the detriment of persons with disabilities but the Commission should not protest the law by not signing an opinion that follows the law. Persons can work to change the law by lobbying their representatives in Congress. Peffer indicated he has been trying to do that. Shank stated that rewriting the ADA to make it acceptable to the Supreme Court is probably not a priority for Harkin at this time. She advised Peffer to continue to ask questions, read more cases, and actively learn about the law. Shank believes each Commissioner has a responsibility to understand the law of discrimination and take the necessary steps to do so. 6. REPORTS OF COMMISSIONERS: Major discussed the San Francisco Legal Benefits Ordinance, which was passed in 1997. He stated that if Iowa City were to adopt this, then the City would be analyzing all the products and services they buy so that they don't buy items that are made by companies/people that discriminate. Major also mentioned that the San Francisco ordinance included "size" as a protected category. Klenske no report. Peffer no report. Page no report. Retish no report. Warren no report. Spooner no report. Neblett wanted to encourage everyone to attend a spaghetti dinner hosted by the Woman's Resource Action Center, which will take place at Zion Lutheran Church. Beckmann discussed a new California law about the Leave Act for new parents and people caring for sick relatives. She stated that the law permitted an employee to take six weeks of paid leave for a qualified event. The benefit will be paid for using employment taxes. She also stated that this week is "Banned Book Week." 7. STATUS OF CASES: Shank indicated things are going well. Warren inquired about the motion to compel. Shank said it has not been scheduled in district court yet but she would inform the Commission when she knew additional information. 8. ADJOURN: Motion made by Peffer to adjourn with a second by Warren. Motion passed with meeting ending at 8:03 p.m. 4 Iowa Public Library FINAL/APPROVED MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING THURSDAY, September 26, 2002 5:00 PM - 2® floor Conference Room Members Present: Linda Dellsperger, Shaner Magalhaes, Lisa Parker, Linda Prybil, Pat Schnack, Tom Suter, Jim Swaim, David VanDusseldorp, Jesse Singerman Members Absent: Staff Present: Barb Black, Maeve Clark, Susan Craig, Barbara Curtin, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Liz Nichols, Others: Joel Miller, Building Project Manager; Beth Beasley, President of Friends Foundation Board CALL TO ORDER: Meeting was called to order at 5:00 pm PUBLIC DISCUSSION None APPROVAL OF MINUTES: Magalh5es moved and Suter seconded approval of minutes of August 22, 2002. All were in favor. UNFINISHED BUSINESS Miller distributed a handout outlining the bids for the cabling contract. Bids were received from seven vendors. He recommended to the Board that they not approve a contract at this time. He is still working to verify and clarify some figures. Miller has already received several good references for the low bidder and he wants to do more follow-ups. Ann Lewis, our telecommunications consultant, noted that their bid was missing a significant piece of the equipment. Miller and Lewis need a few days to go over the documentation. Craig suggested calling a special meeting of the Board to award the contract when staff is ready with a recommended bidder. The only agenda item would be approving the contract. Dellsperger moved to postpone approval of the cable project pending further staff information on the project. Prybil seconded the motion. All were in favor. ICPL BOARD OF TRUSTEES September 26, 2002 Page 2 Miller reported that the project is proceeding well. Phase 1 move planned for June may be as early as March of 2003. Miller thinks we may lose some of the time gained in Phase II. He distributed site pictures. The granite has arrived and the majority of it is set. The windows will be put up next week. The pictures show the second floor infill and stairs to go to the basement. Miller said that by the next meeting 90% of the brickwork would be completed in the building. The construction fence around the west end of the project will come down before the cold weather begins. Miller reported on a few other change orders including $11,000 to slug all the doorframes. This will save on hardware over time. NEW BUSINESS Friends Foundation Review: Beth Beasley, President of Friends Foundation introduced herself. She was present to answer questions and provide information or clarification on the Foundation. A Foundation Board committee is currently reviewing existing bylaws. The Committee recently held a meeting that Library Board members were invited to. Some of the changes being considered include changing The Friends Committee to the Book End Committee, adding a statement of purpose and clarifying the Executive Committee's role in hiring the Development Director. Bylaws changes recommended by the committee will go to the Foundation Board or to the Library Board depending on the proposed changes. Some suggestions were made to help strengthen communication between the Foundation Board and the ICPL Board of Trustees. One was to have a joint meeting each year. Magalh5es suggested that the two trustees appointed to the Foundation have a standing item for a report appear on the Trustees agenda. It is important that job descriptions clarify what the role of the Trustees serving on the Foundation Board is. It was suggested that during the Board orientation, information be given to new trustees about their role as a corporate member of the Foundation. A copy of the FY03 budget approved by the Foundation Board was included in the packet along with FY02 income and expenses, which are estimated since all the reports, have not come back from the accountant. Parker had noticed an error and a corrected version was available. Prybil asked how helpful the consultant hired for the campaign was, for the sizeable financial investment made. Beasley explained that they were very helpful in the beginning, mentoring the process. They helped with a case statement and did a great deal of work up front. As time went on and DO staff became more confident, people began to feel that it was a considerable expense to bring the consultant in and that contract ended. In response to a question, Curtin said it was the intention of the Development Office to replenish the endowment fund for money spent on the campaign. In response to another question, Curtin replied that this budget represents the ftmdraising portion of the Development Office budget, which is what the Foundation Board approves. Curtin reported that $935,000 to the building portion of the campaign out of $1.2 million goal has been raised. She said that there are some significant gifts out there that could put us over the $1 million mark. ]Endowment portion is at $426,000, which is not as good as they would have wanted. An existing 3-year plan will be reviewed and the Board will be preparing another 3-year plan. Singerman expressed appreciation for the opportnnity to talk with the Foundation president since the ICPL BOARD OF TRUSTEES September 26, 2002 Page 3 two groups should be aligned. Beasley responded that communication is key. One thing that could be accomplished by a joint meeting could be the Foundation's 3-year plan and Library's 5-year plan could be looked at. Parker thanked Beasley and Curtin for responding to concerns. FY04 Budget: Craig included highlights in her cover memo. Personnel - Two permanent positions requested in the FY03 budget and included by the City Manager for FY04 are in this budget one starting in July and one in January. The increase in health care costs was not anticipated and the City is trying to predict continued growth in this area. Supplies expenses are holding the line. Some costs dropped based on less programming, fewer building maintenance supplies in the temporary facility. There is a significant increase in materials processing because of the new security tags. 8000's are services. Significant increases relate to utilities because we will be heating both spaces new and old, and there will be inefficiencies from the construction process. Some decrease in repair and maintenance of computers since we are purchasing a new server, which will be under warranty in FY04. Craig decreased the budget for parking, although we extended it to seven days a week. When the lot went to meters, we stopped seeing an increase. 9000's are capital expenditures. Staff is recommending equipment for cleaning the new building, extra book bins, a new copy machine, and some technical and computer items. Biggest item, as usual, is the library materials. Not including personnel, overall request is only a 1% increase. Swaim moved approval of the budget as presented. Seconded by Suter. There was discussion about the proposals. The total amount of the checkouts that are being returned in bins is more than 12%, which is up from last year. The proposal is for an additional set of bins so they don't have to be emptied into boxes before being loaded on the van. The expense of $10,000 for e-commerce software was questioned. Nichols said it is to provide good customer service; not to enhance revenue. About 15% of our fines are being paid by credit cards. This software would allow people to pay fines from any catalog station in the new facility as well as from home. This allows them to clear their record so holds can be placed. While we are becoming less accessible physically, it would provide good customer service. Wireless personal digital assistant (pda) support. University of Iowa has wireless computer options in the main and business libraries. Coralville Public Library has a wireless network. It enables patrons with appropriately equipped laptops to access the intemet without a wired connection. Special software allows the catalog information to be reformatted to a smaller package so it is easier to read and understand from apda or wireless phone. Infrared is a device that allows people to beam up their records from the catalog to the pda or phone device. Our community demands advanced technology and the actual implementation would not take place for more than a year from now in the new building. Clark feels that we would be remiss if we didn't explore it. What impact would ICPL BOARD OF TRUSTEES September 26, 2002 Page ,~ this have on the cabling that we are getting ready to install? Some of the cabling is for phones. Craig said she talked with Ann Lewis about whether or not there were places where we wanted to use wireless instead of cables. Lewis said it is cutting edge technology and she would not be comfortable putting our entire system on it. It would be for public areas and not at every table. Swaim said it is prudent and reasonable. Parker asked for any other comments about the budget. Singerman said that it is remarkable that Craig turned in a budget so close to last year's. Parker called for the motion. All approved. County Budget Discussions Craig included a memo regarding County budget discussions and the history of the County's contract with ICPL. Parker thinks that County residents are not aware that libra~ services could be affected. Johnson County Public Library director's have met and agree that the system is good and it's fair. They do not want to see changes that leave anyone out. Parker asked what the Board could do. It is necessary to get the word out to the County people. Supervisors are looking at all items in their budget given rising expenses and less state money. They need to get the message that library service is important. Parker suggested having a joint meeting with the Supervisors and all the public library board's in the county. Craig is putting together a fact sheet. By early next week it should be ready to go. Each library could amend it to suit them and include a statement from their Board. We could mail it or have at the desk downstairs. Swaim said the supervisors are responsive to individual contact. Craig will finish the Fact Sheet and the Board will discuss again at the October meeting. The County pays $270,000 to Iowa City for library use by rural residents. Significant changes would affect our ability to provide services as we do now. Joint Agreement between the Iowa City Library Board and the City Council of Iowa City to coordinate negotiating procedure for purposes of collective bargaining. AFSCME contract expires this year. The new one will take effect next year. We bargain jointly with the City, an agreement that needs approval of both Board and Council. A motion was made by Dellsperger to approve the resolution. Schnack seconded the motion. In response to a question, there are two public meetings during negotiations, however other sessions are not open to the public. Parker called for a vote. All in favor voted Aye. STAFF REPORTS Black showed the first book that received a radio frequency tag inside the cover. Just waving it over the tag reader will check it in or out. Other departmental reports: Community & AV Services, Circulation and Development Office. Report in packet on the Stories 2000 progress. Schnack complimented Nichols on her diligence in keeping this project going. Nichols recently submitted a grant to raise funds in order to continue to do partnerships. Development Office staff worked at the volunteer fair and got positive feedback from it. ICPL BOARD OF TRUSTEES September 26, 2002 Page 5 A question about the construction fence when it is removed as the plaza is redone was raised. It will be saved and re-installed when they begin working on the east end of the building. ANNOUNCEMENT FROM MEMBERS Comment on the complaints about the display on the kiosk. Swaim commented that he viewed the display and welcomed the information that was presented there. Encouraged library to continue free speech. Also encouraged the public to express themselves to the Board. COMMUNICATIONS Book Gala November 10 Spelling Bee is February 11. A letter from Dawn's beads about renting space in the retail portion of the new building was distributed. Craig suggested a discussion at our next meeting about a timeline for renting space. In response to a discussion about videotaping our meetings, there was no support for it. Visa Reviewed DISBURSEMENTS Disbursements for August were approved after a motion was made and seconded. Singerman/Dellsperger. All voted Aye. SET AGENDA ORDER FOR NOVEMBER 21 MEETING Update on County Budget issues. Discussion of retail space Adjourned at 7:00 pm after a motion by Swaim/Suter Minutes taken and transcribed by Martha Lubaroff MINUTES FINAL/APPROVED IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, SEPTEMBER 23, 2002 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Betty McKray, Jim Pusack, Cathy Weingeist MEMBERS ABSENT: Terry Smith, Kembrew McLeod STAFF PRESENT: Drew Shaffer, Mike Brau, Andy Matthews, Bob Hardy, Dale Helling OTHERS PRESENT: Rene Paine, Kevin Hoyland, Julie Larson, Jon Koebrick, Beth Fisher RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Koebrick reported that the rate increase in the basic tier that went into effect in August was offset by a comparable rate reduction in the family package rate as the Family package rate increase took place last February. The vast majority of subscribers, which subscribe to the Family service tier will not experience a rate increase. Those that subscribe to the broadcast basic tier only will see an increase. Paine reported that PATV staffed a water table at the Englert Road Race. Advanced digital editing workshops are now being offered. PATV recently hosted a group of children from the University of Iowa's day care program. A delegation from Russia toured PATV in August. They were impressed that there is no content control of programming. A staff retreat was held in August. A Battle of the Bands fundraiser netted about $900. Fisher reported that 24 shoots are planned for October. Hardy reported that requests for programming are up due to an increase in election programming. Hardy is investigating the possibility of originating a Board of Supervisors meeting live from Coralville City Hall. Shaffer referred to the letter to Mediacom in the meeting packet and said that a response has been received. Shaffer said that the refranchising renewal window with Mediacom will open February 25, 2003. regarding the Triennial Review Pusack said that Shaffer had indicated in his email that the report needs the answers to some of the questions put to Mediacom before it can be finalized. Shaffer said that two things are going on simultaneously. First, Mediacom needs a chance to go through the questions put to them before discussing them with the Commission. Second, Helling, Shaffer, Matthews, and Smith have been working to finalize a letter regarding the problems that occurred in January and February. Pusack moved and Weingeist seconded a motion to include an agenda item for the October meeting that makes clear that there is a time for public comment and input for the Triennial Review. The motion passed unanimously. .APPROVAL OF MINIUTES Weingeist moved and Pusack seconded a motion to approve the regular July 2002 and the special September meeting minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Pusack said he will attend the next PA-FV Board meeting on behalf of the Commission. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet. There were 21 complaints-5 about Mediacom's phone having a continuous busy signal, 3 about cable modem technical problems, 3 about no advance notice of a planned outage, 1 about inadequate number of customer service representatives, 1 about not being able to get premium channels without subscribing to the digital tier, 1 that subscribers must disconnect and return digital tier equipment themselves, 1 about subscribers needing to contact the company for outage refunds, 1 about a rude customer service representative, 1 about cable modem rates being $10 higher if you don't subscriber to cable TV service, 1 cable TV technical problem, 1 about the lack of competition, 1 about web technical support for the cable modem service being down, and 1 that subscribers need to pay for channels they don't want in order to get the movie channels. MEDIACOM REPORT Koebrick reported that things were operating smoothly. The rate increase in the basic tier that went into effect in August was offset by a comparable rate reduction in the family package rate as the Family package rate increase took place last February. The vast majority of subscribers, which subscribe to the Family service tier will not experience a rate increase. Those that subscribe to the broadcast basic tier only will see an increase. UNIVERSITY OF IOWA REPORT No representative was present. Pusack said that the University is proceeding with efforts to expand programming on the University channel. PATV REPORT Paine reported that PATV staffed a water table at the Englert Road Race. Advanced digital editing workshops are now being offered. PATV recently hosted a group of children from the University of Iowa's day care program. A delegation of Russian toured PATV in August. They were impressed that there is no content control of programming. A staff retreat was held in August. A Battle of the Bands fundraiser netted about $900. The winning band will have a music video produced by PATV staff. PATV had a booth at the University of Iowa Week of Welcome in early September. An intern has been hired. Emily Ashenfelder has moved to the programming director position. Jamal River has been hired as a production assistant. PATV received a free satellite dish from a the producers of Democracy Now, a national news program already playing on PATV, and now receive that program from satellite. ICCSD REPORT Julie Larson, the district's new media coordinator, introduced herself. Hoyland reported that the amount of programming is going up and that the central administration is interested in using the channel to educate the public about the upcoming bond issue. Pusack said that a heavy rotation of school board meetings would be preferable to screens advertising their playback time. Pusack noted that PATV has offered on many occasions to assist the schools in producing tapes and is always available to offer training to teachers and students. Hoyland said that the school district lacks anyone to coordinate and promote the use of the channel. Larson said that programming guidelines will be developed in the future. LEGAL REPORT Matthews said he had nothing new to report. LIBRARY REPORT Fisher reported that 24 shoots are planned for October. Programs will be sponsored by the International Writing Workshop, Intellectual Freedom Festival, Project Green, and the Community Reading Month Book Talk Lunches Series. KIRKVVOOD REPORT No representative was present. MEDIA UNIT Hardy reported that requests for programming are up due to an increase in election programming. Hardy is investigating the possibility of originating a Board of Supervisors meeting live from Coralville City Hall. Work is continuing on wiring the Senior Center as an origination point. The Community Television Service has been quite busy. CABLE TV ADMINISTRATOR REPORT Shaffer referred to the letter to Mediacom in the meeting packet and said that a response has been received. Shaffer said that the refranchising renewal window will open February 25, 2003. The terms of Weingeist and McKray end March 13, 2003. Any recommendations of interested people should be forwarded to Shaffer. The City is in the middle of the budgeting process. There will be more on the budget in future meetings. TRIENNIAL REVIEW McKray said that each of the Commissioners should have received an email from Shaffer with the outline of the draft sections of the Triennial Review report. McKray asked if there were more questions that need to be added and if there were other considerations for the future franchise. Pusack said that Shaffer had indicated in his email that the report needs the answers to some of the questions put to Mediacom before it can be finalized. Shaffer said that two things are going on simultaneously. First, Mediacom needs a chance to go through the questions put to them before discussing them with the Commission. Second, Helling, Shaffer, Matthews, and Smith have been working to finalize a letter regarding the problems that occurred in January and February. McKray said that the Triennial Review has been included in the agenda of the last two meetings and asked Matthews if that fulfills the requirements in the ordinance. Matthews said that the requirements have been fulfilled. McKray said that in the past the Commission had undertaken an effort to get the public to participate in a public meeting by taking out advertising and publicizing the opportunity to have input in the process. Weingeist said that the Commission itself had some difficulty in figuring out what should and should not be part of the Triennial Review. If a well publicized public meeting were held many of the comments would likely be about things not relevant to the Triennial Review. Matthews said many comments would likely be about issues that have been discussed and dealt with. Pusack moved and Weingeist seconded a motion to include an agenda item for the October meeting that makes clear that there is a time for public comment and input for the Triennial Review. The motion passed unanimously. PATV CONTRACT Shaffer said that PATV's contract is due to expire on December 31,2002. The Commission will need to address this issue. Paine said she will bring it before the PATV Board. ADJOURNMENT Weingeist moved and Pusack seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:25 p.m. Respectfully submitted, Wm. Drew Shaffer Cable TV Administrator FINAL/APPROVED MINUTES PLANNING AND ZONING COMMISSION OCTOBER 3, 2002 EMMA J. HARVAT HALL MEMBERS PRESENT: Don Anciaux, Ann Freerks, Dean Shannon, Ann Bovbjerg, Jerry Hansen, Beniamin Chair, Beth Koppes STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Mike Singer, Kathleen Steve, Jayson Nelson CALL TO ORDER: Bovbjerg called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENTS OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said a listing of current vacancies on the various boards and commissions was posted in the outer lobby. RECOMMENDATIONS TO COUNCIL: Recommended by a vote of 7-0 that the City Council send a letter to the Johnson County Board of Supervisors finding that the proposed rezoning is in conformance with the Fringe Area Agreement and therefore recommended approval provided that an agreement be reached with the property owner regarding the construction of turning lane / deceleration lane improvements to Herbert Hoover Highway necessary to serve future development on this property, and that more information be given assuring adequate wastewater treatment on the property, prior to it being rezoned to CP2, Planned Commercial. CZ02-012 Recommended approval by a vote of 7-0 a request to vacate the northern 2' of Benton Street beginning 60' east of Gilbert Street and ending at Maiden Lane, subject to the applicant maintaining the two feet of vacated right-of-way as landscaped area and subject to utility easements if necessary. VAC02-0005 Recommended approval by a vote of 7-0 an application from Arlington, LC for a final plat of Windsor Ridge Part 16, a 6.94-acre, 5-lot residential subdivision located at the intersection of Ashford Place and Camden Road subject to staff approval of legal papers and construction drawings prior to City Council consideration of the final plat. SUB02-00014 Recommended approval by a vote of 7-0 an application submitted by Dial Iowa City Land, L.L.C. for the final plat of Silvercrest Residential Community, Part 2, an 8-lot, 12.17-acre subdivision located south of American Legion Road and east of Scott Boulevard, subject to staff approval of construction drawings and legal papers prior to City Council consideration of the final plat. SUB02-00017 Recommended approval by a vote of 7-0 amendments to the Zoning Code to provide that a penalty of $250 be assessed against the property owner/tenantJlandlord for the first offense, $500 for the second violation and $750 for the third violation and as so stated in Staff's draft document, "An Ordinance Amending Title 14 Entitled 'Unified Development Code,' Chapter 6, Entitled 'Zoning,' Article U, entitled 'Administration and Enforcement,' Section 7 Entitled 'Violations and Penalties' To Increase the Municipal Infraction Civil Fines for Violating the Zoning Code." REZONING ITEMS: REZ02-00016, discussion of a request submitted by Hawkeye Investments to rezone approximately 1.20 acres from Office Commercial, CO-1, to Community Commercial, CC-2, for property located at the southwest corner of Highway 6 East and Broadway Street. Planning and Zoning Commission Minutes October 3, 2002 Page 2 Miklo said the applicant had requested that the item be deferred. Bovbjerg asked Miklo if he knew why a deferral had been requested. Miklo said he was not sure. Staff had met with the applicant on 10/2/02 to discuss the Commission's concerns from the informal meeting. Miklo said he thought the applicant was considering the information. Public discussion was opened. There was none. Public discussion was closed. Motion: Freerks made a motion to defer REZ02-00016, a request submitted by Hawkeye Investments to rezone approximately 1.20 acres from Office Commercial, CO-1, to Community Commercial, CC-2, for properly located at the southwest corner of Highway 6 East and Broadway Street. Shannon seconded the motion. The motion passed on a vote of 7-0. CZ02-012, discussion of an item submitted by BOAH L.C. for a rezoning from Al, Agricultural, to Planned Commercial, CP2, for 54.8 acres of property located in Fringe Area B south of Herbert Hoover Highway and west of Interstate 80. Miklo said the Fringe Area Agreement was amended in the year 2000 to show this area as being potentially commercial. The applicant was currently requesting that it be zoned commercial. Miklo said due to the size of the requested rezoning, 54 acres, this property had the potential to generate considerable amounts of traffic. He said it was unclear how wastewater treatment would be provided. Miklo said given those concerns, Staff recommended that the County place a condition on the rezoning that required the applicant to construct turn lanes and deceleration lanes on Herbert Hoover Highway. This would assure that the traffic improvements that might be necessary to serve this amount of commercial area would be installed by the property owner and not a burden on the public at a future date. Staff also recommended that the applicant provide more information about how they were going to handle wastewater treatment on the site. The applicant had offered a couple of options, but none seemed to be concrete. Miklo said if those two issues could be addressed, Staff would recommend that the City recommend to the Board of Supervisors that the rezoning be approved with the two conditions 1) that the applicant demonstrate how they would deal with sanitary sewer for the property and 2) that the applicant commit to making the necessary traffic improvements, mainly turn lanes adjacent to the property. Bovbjerg asked to what standards would the streets need to be constructed and how would the City influence that. Miklo said it would be to County standards for a paved road. The County Engineer would be responsible for determining the specifications for the improvement and for ensuring that it was done correctly. Miklo said Staff would recommend to the Commission and to the Council that they recommend the rezoning be approved only if the two noted concerns were resolved by the developer so it would not become a burden to the tax payers. Koppes asked how many entrances to Herbert Hoover Highway were permitted. Miklo said it would be up to the County to decide how many they would permit in this location. Currently the proposal was for just one. Public discussion was opened. Mike Singer, Hart-Frederick Consultants, consulting engineer. Singer said there was currently one existing entrance on the far west side of the property in the currently zoned CH property that served a farm house. Singer said the two issues, the need for proper assurances of on-site wastewater treatment and continuing with the work that had already been done by Gateway Development for the turning lanes in that area, had also been reiterated by the County. Singer said BOAH LC. had informed the County that they were fully prepared to guarantee those improvements. However, they were in the position where the request for a rezoning under County regulations stated that, "The necessity for improvements or providing escrow accounts or guarantees or assurances for improvements come at the point of building permit rather than at the point of rezoning." Singer said in order to overcome the impasse of what the City wanted to see, what the County wanted to see, and what the owners were fully prepared to provide, what the owners were offering instead was for the County to work out an agreement to establish an escrow Planning and Zoning Commission Minutes October 3, 2002 Page 3 account at the appropriate period which would potentially cover the cost for the maximum development costs for any type of turning lanes. Singer said whether that would be established at the point of rezoning or at the point of building permit was something that they were still working on with the County. Singer said with respect to the wastewater treatment capacity issue, the established Gateway lagoon across the street had excess capacity at this point. The design capacity was for 80,000 gallons/day, currently approximately 25,000 gallons/day were being used which freed up 55,000 gallons/day. The DNR Standard of Development of Design for wastewater treatment facilities was 5,000 gallons per acre for commercial development. Singer said that could be amended somewhat when actual uses could be shown. For Gateway that had been reduced somewhat because of the condominium development they had had at that point. If the capacity were to be doubled, that would still only cover approximately 20 acres of that area. The owners had identified their willingness and understanding of the requirement but they could not submit any type of site plan or building permit request other than what might occur in the existing CH zoned areas without having gone through the full permitting process which would satisfy both Johnson County Public Health, Iowa Department of Natural Resources and the Fringe Area Agreement. Singer said his capacity for being at the meeting was to receive additional comments and concerns that the Commission had and relay them to BOAH L.C. and to their meeting with Johnson County that was scheduled to occur in a couple of weeks. Bovbjerg asked Singer to clarify his discussion on wastewater treatment. Was the idea not to rely on the Gateway property on the other side of the highway, but to do what was necessary at the time they obtained the building permits? Singer said the problem was that the owners did not have a definitive land use for the site. They were interested in having the potential of the rezoning for future unspecified uses. They did not have a client, a proposal or a layout for that area at this point. There were interested in rezoning the property to begin marketing it for any number of uses as long as they conformed to the CP2 standards. Singer said it was difficult for the owner to identify at this time what type of land uses would be on the site and what the wastewater requirement would be. They had an understanding with Gateway that should it be necessary and prudent, they would seriously consider taking advantage of the excess capacity at the Gateway lagoon, as long as it was financially feasible, and a reasonable accommodation could be made by Gateway. Singer gave copies of the Letter of Understanding to the Commission. Singer said if they did not know exactly what the land uses would be on the site, they would not be able to specifically design a wastewater treatment facility to accommodate those needs. The potential for excess capacity could be utilized at the Gateway lagoon, but is seemed unlikely that if the whole 54.8 acres were developed exclusively for commercial uses, that the capacity of the lagoon would be sufficient. Singer said with phased development they could tie in and utilize the lagoon before needing an additional lagoon at that site. Singer said BOAH understood that they needed to provide these types of assurances to the County prior to any type of building permit being issued and certainly as part of the site plan review process. Public discussion was closed. Motion: Hansen made a motion that the City Council send a letter to the Johnson County Board of Supervisors finding that the proposed rezoning is in conformance with the Fringe Area Agreement and therefore recommended approval provided that an agreement be reached with the property owner regarding the construction of turning lane / deceleration lane improvements to Herbert Hoover Highway necessary to serve future development on this property, and that more information be given assuring adequate wastewater treatment on the property, prior to it being rezoned to CP2, Planned Commercial. Shannon seconded the motion. The motion passed on a vote of 7-0. VACATION ITEM: VAC02-00005, discussion of an application submitted by Kathleen Steve for a vacation of the northern two feet of Benton Street between S. Gilbert Street and Maiden Lane. Miklo said the property currently contained a two-story building. The western half of the ground floor was vacant, the eastern half was occupied by a resale shop and there were four apartments on the second floor. The property was developed in 1990 with the maximum amount of square footage of building area and the minimum number of required parking spaces with very little green space. The property owner Planning and Zoning Commission Minutes October 3, 2002 Page 4 now wished to lease part of the building to a restaurant, which required more parking spaces than the previous retail/office use on that property. To gain the two required additional parking spaces, the applicant proposed to reconfigure the parking lot with perpendicular parking to the street instead of the current angle parking lay-out. The property did not contain enough depth to allow the proposed perpendicular parking, so the applicant had requested the City to vacate two feet of Benton Street to be added to their private property to be used for the parking requirements. Miklo said that portion of Benton had no public or private utilities that Staff were aware of and therefore was not needed for infrastructure purposes. At that location, Benton Street right-of-way was 80' wide. Only a 60' width was required for a collector street, so there was an excess of 20' of right-of-way available. Staff felt the vacation of two feet of right-of-way would not hinder the function of the street. Miklo said Staff recommended that VAC02-000~, a request to vacate the northern 2' of Benton Street beginning 60' east of Gilbert Street and ending at Maiden Lane, be approved subject to the applicant maintaining the two feet of vacated right-of-way as landscaped area and subject to utility easements if necessary. Miklo said the current standard required 5' of grassed area between the property line and the public sidewalk. However in this case because there were two fairly mature maple trees in the public right-of- way, Staff recommended that the sidewalk remain where it was and the amount of paving not be increased in that area to protect the roots of the trees. Miklo said up to two feet of the cars would hang over onto the grass, but the cars would still be on the private property versus in the public right-of-way. Public discussion was opened. Kathleen A. Steve, 811 Rider Street, said she hoped the Commission could find in her favor. Her property had been vacant for quite some time, she was been looking for a way to resolve her problem so she could go forward with her tenant. Steve introduced her prospective tenant, Jayson Nelson, who would be involved in the management of the proposed restaurant. Nelson said it would not be a typical dine-in restaurant, but a Jimmy-Johns, similar to the one located on Washington Avenue in the downtown area. They would primarily be a limited seating, carry-out and delivery restaurant. The majority of their business was a drive-in, pick-up and leave. They desired 40% of their business to be delivery. Nelson said he didn't think there would be any type of parking problem. Hansen asked if City Staff had thought about signalization at Benton and Gilbert Streets. Miklo said that was a possibility. That was one of the reasons they were not recommending that the western part of the frontage be vacated. Miklo said at some point in the future improvements would likely be necessary. Public discussion was closed. Motion: Anciaux made a motion to approve VAC02-0005, a request to vacate the northern 2' of Benton Street beginning 60' east of Gilbert Street and ending at Maiden Lane, subject to the applicant maintaining the two feet of vacated right-of-way as landscaped area and subject to utility easements if necessary. Hansen seconded the motion. The motion passed on a vote of 7-0. DEVELOPMENTITEMS: SUB02-00014, discussion of an application from Arlington, LC for a final plat of Windsor Ridge Part 16, a 6.94-acre, 5-lot residential subdivision located at the intersection of Ashford Place and Camden Road. Miklo said the Commission had recently approved a planned development zoning overlay for this entire property and preliminary plat. The applicant had requested a final plat approval which would authorize the sale of and construction on individual lots. There were three lots that would include multi-family or townhouse development and one lot that would include a single-family home being added onto the adjacent subdivision. Planning and Zoning Commission Minutes October 3, 2002 Page 5 Miklo said Staff recommended approval of SUB02-00014, an application from Arlington, LC for a final plat of Windsor Ridge Part 16, a 6.94-acre, 5-lot residential subdivision located at the intersection of Ashford Place and Camden Road subject to staff approval of legal papers and construction drawings prior to City Council consideration of the final plat. Public discussion was opened. There was none. Public discussion was closed. Motion: Shannon made a motion to approve .SUB02-00014. Koppes seconded the motion. The motion passed on a vote of 7-0. SUB02-0001X, discussion of an application submitted by Dial iowa City Land, L.L.C. for the final plat of Silvercrest Residential Community, Part 2, an 8-lot, 12.17-acre subdivision located south of American Legion Road and east of Scott Boulevard. Miklo said the Commission recently approved an amended planned development overlay zone on this property as well as a preliminary plat. The applicant was now requesting final plat approval which would subdivide the tract into several smaller parcels. Four parcels would contain 24-unit apartment buildings, four parcels would contain 4 townhouse-style dwelling units, and 2 outlots would contain stormwater management facilities. A private drive system would connect onto Silvercrest Place and onto American Legion Road to provide vehicular access to each lot. Miklo said staff recommended approval of SUB02-00017., an application submitted by Dial Iowa City Land, L.L.C. for the final plat of Silvercrest Residential Community, Part 2, an 8-lot, 12.17-acre subdivision located south of American Legion Road and east of Scott Boulevard subject to staff approval of legal papers and construction drawings prior to City Council consideration of the final plat. Bovbjerg said a note in the Staff report said, "The Comprehensive Plan encourages creation of group living facility for seniors." She asked if any of the units were specifically funded and designated for any special population. Miklo said these particular units would be restricted to persons 55-years of age and older or persons with disabilities, but there were no other City restrictions on the units. Miklo said it was the applicant's intention to market toward seniors. The zoning restriction was for seniors because only one parking space per unit was provided, which was part of the planned development overlay rezone. Miklo said there was a designation in the zoning ordinance for housing for the elderly. It allowed for the development of less parking than if it was for general population. Bovbjerg asked if any of the units would be subsidized or would be less than market price, perhaps for persons of lower income. Miklo said he did not believe so, but that would be a question for the applicant. Hansen asked if a final lighting plan had been received. Miklo said that would come with the final OPDH plan, at the time when the building permit was applied for. Miklo said at the time of the preliminary plat, there were some restrictions placed on it, so those would have to be complied with. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve SUB02-00017, an application submitted by Dial Iowa City Land, L.L.C. for the final plat of Silvercrest Residential Community, Part 2, an 8-lot, 12.17-acre subdivision located south of American Legion Road and east of Scott Boulevard, subject to staff approval of construction drawings and legal papers prior to City Council consideration of the final plat. Chair seconded the motion. The motion passed on a vote of 7-0. CODE ITEM: Consider amendments to the Zoning Code regarding fines for violations. Behr said the municipal infraction was a judicial proceeding the City used for violations of the City Code, some being Zoning Code violations, others being violations of the Code other than zoning. As a recommendation from the Housing Relations Task Force and in accordance with State law, Staff recommended that the City Code, including the Zoning Code, be amended so that the current fines of $100 for first violation, $250 for second, and Planning and Zoning Commission Minutes October 3, 2002 Page 6 $500 for third be amended to $250 for first violation, $500 for second, and $750 for third violation. The City had the authority to make this amendment. Behr said in response to a question regarding the status of the amendments at the Council level, the amendments to apply to the rest of the Code were up for a third reading at the Council level next week. These proposed amendments would follow. They would require a public hearing and would need three readings. The other amendments were not zoning code amendments so they did not come to the Commission. This proposed amendment was consistent with the other amendments. Freerks asked if the proposed fines were consistent with other communities. Behr said it was his understanding that they were. As a basis for coming up with this recommendation, the Housing Relations Task Force had checked on the fines. Anciaux asked what would be done for a fourth or fifth violation. Behr said the $750 was for third and subsequent violations. There were additional remedies available, but he would check on what City practice had been for third and subsequent. Hansen said during the Task Force talks there had been a lot of discussion regarding revocation of rental permits. Bovbjerg requested Behr to follow-up on what happened when subsequent violations occurred. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve amendments to the Zoning Code (section 16-6U-7A) to provide that a penalty of $250 be assessed against the property owner/tenant]landlord for the first offense, $500 for the second violation and $750 for the third violation and as so stated in Staff's draft document, "An Ordinance Amending Title 14 Entitled 'Unified Development Code,' Chapter 6, Entitled 'Zoning,' Article U, entitled 'Administration and Enforcement,' Section 7 Entitled 'Violations and Penalties' To Increase the Municipal Infraction Civil Fines for Violating the Zoning Code." Anciaux seconded the motion. The motion passed on a vote of 7-0. OTHER: Miklo said a joint meeting would be scheduled with City Council on October 7, 2002, to discuss the Grand Avenue Court vacation. Copies of letters received from the University regarding that vacation item had been distributed to the Commission. Hansen asked if he were to make a motion to take a re-vote on the Grand Avenue Court vacation, could that be done during this meeting or would it have to be an agenda item. Miklo and Behr said it would have to be an agenda item to change their recommendation to Council. Bovbjerg asked if a reconsideration item could be done that evening or would it have to be scheduled. Behr said they could request that it be placed on the next agenda, but that meeting would occur after the Commission had met with the Council and the Council already had the Commission's recommendation. Behr said from the discussion, it appeared that what the Commission was seeing happen at the Council level was giving the Commission pause as to the way they had voted. The way to act on that was to indicate that at the joint meeting. Miklo said at Monday's informal meeting, many of the Commissioners had indicated that if there wasn't the condition that the historic house be saved, they would have voted against the vacation. Miklo suggested that the Commissioners express the strength of their sentiments to the Council on Monday, also that there might have been a different outcome on their vote and that their recommendation included the condition that the vacation be subject to an agreement for protection of the Cannon-Gay house. Miklo said what the Commission's recommendation had been was that the University commit to following Iowa City Landmark Regulations. That meant that any change to the house or moving it would have to be approved by the Historic Preservation Commission. If the University had agreed to that condition and the Council had approved the vacation subject to that condition, it would not prevent the University from going before the Historic Preservation Commission to request to move the house to a different site. Planning and Zoning Commission Minutes October 3, 2002 Page 7 Hansen asked if the University had to adhere to federal guidelines for properties on the National Register of Historic Places. Miklo said only if federal funds were used on the project. CONSIDERATION OF THE SEPTEMBER 19, 2002 MEETING MINUTES: Motion: Anciaux made a motion to approve the meeting minutes as printed and corrected. Koppes seconded the motion. The motion passed on a vote of 7-0. ADJOURNMENT: Hansen made a motion to adjourn the meeting at 8:26 pm. Anciaux seconded the motion. The motion passed on a vote of 7-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill shared on Ot yn b'pcd/minut e s/p&~/p&z 10~)3-02 doc FINAL/APPROVE POLICE CITIZENS REVIEW BOARD MINUTES - September 10, 2002 CALL TO ORDER Chair John Stratton called the meeting to order at 7:02 p.m. ATTENDANCE Board members present: Loren Horton, John Stratton, John Watson, and Bev Smith; board member absent: Bill Hoeft. Legal Counsel Catherine Pugh and Staff Kellie Tuttle also present. Also in attendance was Captain Tom Widmer of the ICPD and Kellie Casino of the Daily Iowan. CONSENT CALENDAR Motion by Horton and seconded by Watson to adopt the consent calendar as amended. · Minutes of the meeting on 07/09/02 · ICPD Use of Force Report - June 2002 · ICPD Use of Force Report - July 2002 · ICPD Department Memorandum 02-36 Motion carried, 4/0, Hoeft absent. OLD BUSINESS · NACOLE Membership Renewal Stratton informed the Board that associate membership is $100 a year and gives the Board a listing on NACOLE's organization membership list, access to the list, and the privilege of attending conferences. Watson and Stratton are in favor of it for another year in order to contact other organizations. Smith questioned how much use the Board has made of the service on average. Stratton said not a tremendous amount; however, he felt that it was worth another year. Motion by Watson and seconded by Smith to renew the membership for another year. Motion carried, 4/0, Hoeft absent. ·Mailing for Service Clubs (video showing) Stratton informed the Board that this item is in relation to sending a letter to service clubs regarding lending out the PCRB video to the clubs for presentations. The Board needed to define "service club" because of the vast amount of clubs/organizations listed at the Library. The Board PCRB-Page 2 September 10, 2002 agreed to have Horton generate a list with Tuttle and have a draft by the next meeting. ·Peace Officer Appointment Watson questioned whether Hoeft had decided to move to Coraiville and referred to the memo on residency requirements. Hoeff currently resides in Iowa City. If Hoeft does move, the Board or Hoeft would then make a request to council to waive the residency requirements. NEW BUSINESS ·Nominating Committee Next month the Board will select a chair and a vice-chair. Stratton asked if Watson and Smith would serve on the committee, both accepted. PUBLIC DISCUSSION Captain Widmer informed the Board that there are 2 or 3 pending complaints right now that the Chief may request extensions on. The complainants' legal advisors are telling them not to meet with the ICPD and not to take part in any internal investigation until after the cases are taken care of in court. MEETING SCHEDULE and FUTURE AGENDAS The meeting of October 8th has been rescheduled to October 22® to provide opportunity for the Police Chief to file his reports for review. · October 22, 2002, 7:00 P.M., Lobby Conference Room · November 12, 2002, 7:00 P.M., Lobby Conference Room · December 10, 2002, 7:00 P.M., Lobby Conference Room · January 14, 2003, 7:00 P.M., Lobby Conference Room BOARD INFORMATION Stratton received a call from a City Council member regarding items submitted for the board packet by the public. Stratton had stated at a previous meeting that he would view all items closely and decide whether the items should be included in the packet. The Council member stated that everything submitted to PCRB should be looked at by everyone on the Board just as the City Council does. All correspondence will be provided to the Board in the future. PCRB-Page 3 September 10, 2002 Horton attended the August 19th council work session to report the findings of the traffic stop data study. The study will be included in the next packet for discussion, along with other correspondence concerning the study. Horton cannot attend the October 22nd meeting and will prepare a written summary of the report given at the council work session. STAFF INFORMATION Turtle stated that the Board packets are now being scanned so that the public can access them at the City's web site: icgov.org. All public portions of previous packets dating from 1997 forward are also available on line. Tuttle also informed the Board that the brochure/complaint form is in the process of being put on the web site so that the public can have access at all times. EXECUTIVE SESSION Motion by Watson and seconded by Horton to adjourn into Executive Session. Motion carried, 4/0, Hoeft absent. Open session adjourned at 7:32 p.m. REGULAR SESSION Returned to open session at 8:50 p.m. Motion by Watson and seconded by Horton to grant the Police Chief a 45-day extension to October 18, 2002 to complete his report on Complaint #02-01. Motion carried 4/0, Hoeft absent. ADJOURNMENT Motion for adjournment by Smith and seconded by Horton. Motion carried 4/0, Hoeft absent. Meeting adjourned at 8:53 P.M. MINUTES FINAL/APPROVED 3 b7 SENIOR CENTER COMMISSION TUESDAY, SEPTEMBER 17, 2002 MEMBERS PRESENT: Lori Benz, Jay Honohan, Allan Monsanto, Charity Rowley, Jim Schintler and Deb Schoenfelder. MEMBERS ABSENT: Betty Kelly, Carol Thompson, and Joanne Hora STAFF PRESENT: Michelle Buhman, Linda Kopping, Susan Rogusky and Julie Seal. GUESTS: None CALL TO ORDER MINUTES Motion: To approve the August minutes as distributed, The motion carried on a vote of 6- 0. Rowley/Monsanto PUBLIC DISCUSSION None OPERATIONAL BUDGET: PLANS AND PROGRESS- Honohan Senior Center funding has been placed on the agenda of the upcoming joint meeting of Iowa City, Coralville, Nodh Liberty, Johnson County and the School Board. Several documents highlighting the Center's purpose and goals have been identified and will be distributed as a pre-meeting packet to the city and county administrators attending the meeting. Commissioners were in agreement that they would like to see Johnson County make a firm financial commitment to the Center that is unrelated to funding decisions made by other cities in Johnson County. Numerous funding and revenue generating ideas for addressing a possible 20% reduction in funding have been discussed by members of the staff, Participant Advisory Committee, and Commission. Options under consideration, including membership fees, using the Gift Fund to support programming costs traditionally funded through the operational budget (e.g. Post printing and mailing), class fees, rental fees for the use of Senior Center space, and expanded fundraising efforts were reviewed and discussed. Commissioners agreed to attend long-range goal setting sessions on November 5, 12, and 19 from 4 p.m. to 8 PM at the Senior Center. The meetings will be facilitated by Geery Howe of Morning Star Associates. LEASE UPDATE- The Commission is still waiting to hear back from Heritage Area Agency on Aging regarding ownership of the kitchen equipment. Assistant City Attorney Sue Dulek and Kopping have been told by Teresa Kelly, Heritage staff member responsible for investigating this matter, that the information will be available at month's end. SENIOR CENTER UPDATE Operations - Kopping C:\TE MP~septernber.doc MINUTES SENIOR CENTER COMMISSION 2 TUESDAY, SEPTEMBER 17, 2002 North Ramp Doors Completion of the project has been delayed because Apex construction left the cost of the electronic door locks and openers out of their bid. Since this omission was discovered there has been extensive discussion surrounding who is responsible for this charge. At this point two subcontractors have agreed to absorb the additional cost and the project should be completed very soon. F¥04 Budget Kopping repoded that the city budget process has begun. A formal budget proposal must be completed and submitted to the City Manager and Finance Department on October 16, 2002. Prior to its submission, Kopping and members of the Finance Committee will meet to review and discuss the proposed operational budget. Committee members will repod back to the entire Commission at the October meeting. Proqrams - Seal Seal highlighted October programs such as the forum for Senior Housing Choices, Yates Lecture Series, Landscaping Project Reception, Community Reading Project, Gallery Walk, Friend to Friend, PACE, and art history class. For a complete listing of programs please see the October Post. Volunteers - Rogusky Rogusky reported that the Center for Learning in Retirement classes will begin tomorrow. As of today, 62 people have registered as members the Center for Learning in Retirement. The Senior Center website is now "up" and available for viewing. Following the completion a few minor changes, the site development will be considered final. Rogusky also repoded that many members of the initial Early Bird Caf6 volunteer group are no longer active and the program is in need of new volunteers. CITY COUNCIL - Rowley Rowley reported that members of the Council questioned whether or not the Senior Center would be charging in-house agencies rent for the use of operational space. Rowley responded that a all options for generating revenue and reducing operational costs are under consideration at this time. BOARD OF SUPERVISORS - Thompson No report available. COMMISSION DISCUSSION Motion: to adjourn. Motion carried on a vote of 6-0. Monsanto/Rowley 10/21/2002c:\temp~september.doc