HomeMy WebLinkAbout2002-11-05 Info Packet of 10/24 CiTY COUNCIL INFORMATION PACKET
CITY OF iOWA CITY October 24, 2002
www.icgov.org
OCTOBER 29 FORMAL MEETING ITEMS
IPl Agenda: October 29 Special Formal Meeting
I MISCELLANEOUS ITEMS
IP2 Tentative Future Meetings and Agendas
IP3 Memorandum from City Attorney: Commencement of Initiative Proceeding
IP4 Letter from James Thomas to City Engineer: Sidewalk at 131 N First Avenue
IP5 Letter from JCCOG Traffic Engineering Planner to L(~xington Avenue Residents
between Park Road and River Street: Lexington Avenue Traffic Barricade
IP6 Letter from Robert Dostal to Telecommunications Commission: Mediacom
IP7 Article (Forbes.com): The Forbes/Milken Institute Best Small Places for
Business and Career [Atkins]
IP8 Article (USATODAY.com): Technology Center Springing Up in Iowa [Atkins]
IP9 Minutes: September 25 Joint Meeting (Coralville, Iowa City, North Liberty, lC
School Board, JC Board of Supervisors)
IP10 Agenda: October 23 Johnson County Management Commission
I PRELIMINARY/DRAFT MINUTES
IP4 4 Iowa City Airport Commission: October 10
IP12 Iowa City Board of Adjustment: September 11
IP13 Iowa City Public Library Board of Trustees: September 26
IP14 Iowa City Public Library Board of Trustees: October 17
IP15 Iowa City Telecommunications Commission: September 23
IP16 Planning and Zoning Commission: October 17
Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
-- 10-24-02
City Council Agenda
CITY OF IOWA CITY
Special Formal
October 2002 - 9:00 a.m.
Civic Center - Harvat Hall
410 E. Washington Street www.icgov.org
ITEM NO. 1 CALL TO ORDER
Roll Call
ITEM NO. 2 RECONSIDERATION OF THE MOTION TO DEFER FOR SiX
MONTHS THE ORDINANCE VACATING THE TVVENTY-THREE
FOOT WIDE GRAND AVENUE COURT RIGHT-OF-WAY,
COMMENCING FROM THE NORTH RIGHT-OF-WAY LINE OF
MELROSE AVENUE AND EXTENDING NORTHWARD FOR A
DISTANCE OF TWO HUNDRED NINETY-FIVE FEET.
Comment: At their City Council meeting of October 22, 2002, Council
voted to reconsider a motion passed on October 8, 2002 to defer an
ordinance vacating Grand Avenue Court for six months. If this motion
passes Council may consider first consideration of the ordinance.
Correspondence is included in Council packet.
Action:
ITEM NO. 3 CONSIDER ORDINANCE VACATING THE TWENTY-THREE FOOT
WIDE GRAND AVENUE COURT RIGHT-OF-WAY, COMMENCING
FROM THE NORTH RIGHT-OF-WAY LINE OF MELROSE AVENUE
AND EXTENDING NORTHWARD FOR A DISTANCE OF TWO
HUNDRED NINETY-FIVE FEET. (FIRST CONSIDERATION)
Comment: At its August 15 meeting, by a vote of 6-1 (Shannon voting
no), the Planning and Zoning Commission recommended approval of
the proposed vacation, subject to creation of utility easements where
necessary, and subject to agreement by the University of Iowa that it
will comply with the Iowa City Historic Preservation Ordinance
regarding the Cannon-Gay House, a National Register-listed house
and designated Iowa City Historic Landmark at 320 Melrose Avenue.
A joint meeting of the Planning and Zoning Commission and City
Council was held on October 7, 2002. Letters were received from the
University of Iowa dated October 3 agreeing to the conditions. At the
Council work session of October 21 staff was directed to pursue a
transportation study in this area.
Action:
October 29, 2002
Special Agenda
Page 2
ITEM NO. 4 CONSIDER A RESOLUTION OF INTENT TO CONVEY THE 23oFOOT
WIDE GRAND AVENUE COURT RIGHT-OF-WAY, COMMENCING
FROM THE NORTH RIGHT-OF-WAY LINE OF MELROSE AVENUE
AND EXTENDING NORTHWARD FOR A DISTANCE OF 295 FEET, TO
THE UNIVERSITY OF IOWA, AND SETTING A PUBLIC HEARING ON
SAID CONVEYANCE FOR NOVEMBER 5, 2002.
Comment: The City Council is considering pass and adoption of an
ordinance vacating 6,785 square feet of Grand Avenue Court right-of-way.
The University of Iowa, owner of adjacent property, wishes to acquire said
right-of-way from the City. This resolution declares the City Council's intent
to convey the above right-of-way property to the University of Iowa,
subject to:
(a) The Iowa Board of Regents' execution of a written covenant, to
be recorded with the Johnson County Recorder, agreeing that
the original portion of the Cannon-Gay House built in 1884 is a
duly designated Historic Landmark and shall be subject to the
City's Historic Preservation Regulations, as amended; and
(b) The Iowa Board of Regents' execution of a water main and
sanitary easement agreement for said utilities currently existing
utilities within the right-of-way.
This resolution also sets a public hearing on the proposed conveyance for
November 5, 2002.
Action:
ITEM NO. 5 CONSIDER A MOTION TO ADJOURN THE SPECIAL MEETING.
Action:
Prepared by: John Adam, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5236
ORDINANCE NO.
AN ORDINANCE VACATING THE TWENTY-
THREE-FOOT WIDE GRAND AVENUE COURT
RIGHT-OF-WAY, COMMENCING FROM THE
NORTH RIGHT-OF-WAY LINE OF MELROSE
AVENUE AND EXTENDING NORTHWARD FOR A
DISTANCE OF TWO HUNDRED NINETY-FIVE FEET
WHEREAS, the applicant, the University of Iowa,
has requested that the City vacate part of Grand
Avenue Court adjacent to Melrose Avenue; and
WHEREAS, said portion measures two hundred
ninety-five feet along the north-south axis, by twenty-
throe feet along the east-west axis; and
WHEREAS, the City does not regard the street
as a crucial part of the general or local traffic
circulation system; and
WHEREAS, the University of Iowa has
requested the vacation specifically for the
redevelopment of property on the west side of Grand
Avenue Court, which rodevelopment includes the
improvement of portions of Grand Avenue Court; and
WHEREAS, it is in the City's interest to vacate
said public right-of-way, or portions thereof, that may
be a benefit to and be improved as a result of
redevelopment; and
WHEREAS, the property adjacent to the
proposed right-of-way contains a house listed on the
National Register of Historic Places and it is in the
City's interost to protect the City's, the State's and the
country's cultural and histodc resources,
WHEREAS, the Planning and Zoning
Commission recommended vacation of this right-of-
way subject to the preservation of the house and
grounds at the abovementioned property,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. VACATION: The City of Iowa City
heroby vacates the right-of-way legally described as
follows:
THAT PART OF GRAND AVENUE COURT IN
GRAND AVENUE COURT ADDITION TO IOWA
CITY, JOHNSON COUNTY, IOWA (FINAL PLAT
RECORDED IN BOOK 3, PAGE 101 AT THE
Ordinance No.
Page 2
JOHNSON COUNTY RECORDER'S OFFICE),
LYING NORTH OF MELROSE AVENUE AND
SOUTH OF THE NORTH LINE OF LOT 4 OF SAID
GRAND AVENUE COURT ADDITION EXTENDED
WESTERLY TO THE NORTHEAST CORNER OF
LOT 15 OF SAID GRAND AVENUE COURT
ADDITION, COMPRISING 6,785 SQUARE FEET,
MORE OR LESS.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudicated
invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this day of
,2002.
MAYOR
ATTEST:
CITY CLERK
T:~CDUohn A~Active Files\VAC02-00003 ordinance.doc
Marian Karr
From: WalkerslC@aol.com
Sent: Wednesday, October 23, 2002 11:35 AM
To: cou ncil@iowa-city.org
Subject: Special session 10/29/02 re: Grand Avenue Court
Dear Council Members:
I was shocked to open the paper this morning to see that you will have a
special session early next week to reconsider vacating a portion of Grand
Avenue Court. I was shocked on two counts:
1. Because it had previously been decided by the Council that the decision
to vacate would be postponed until a study had been made of the traffic in
that area.
2. Because the reconsideration has been moved up to such an early date that
it precludes the neighbors responding to this sudden reversal before the
special session.
I intend to respond to this recent development, to state new and old reasons
why the Council should not consider a vote to vacate part of the Avenue until
the agreed-upon traffic study is complete. However, due to the short notice,
neither I nor the other neighborhood representative are able to respond
before the special session.
In instances like this, it would be helpful if the Council would take into
consideration that the ordinary citizens of Iowa City have to reorganize
their lives in order to respond to issues in which they are interested and
that it should allow sufficient time for them to do so. Contrary to
organizations like the City, the Council, and the University of Iowa, dealing
with these issues is not part of our job, we are neither paid for doing it
nor is our time already scheduled for it.
Thank you,
Jean Walker
337-5201
Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION OF INTENT TO CONVEY THE 23-FOOT WIDE GRAND AVENUE
COURT RIGHT-OF-WAY, COMMENCING FROM THE NORTH RIGHT-OF-WAY
LINE OF MELROSE AVENUE AND EXTENDING NORTHWARD FOR A
DISTANCE OF 295 FEET, TO THE UNIVERSITY OF IOWA, AND SE'I-rING A
PUBLIC HEARING ON SAID CONVEYANCE FOR NOVEMBER 5, 2002.
WHEREAS, the City Council is considering passage and adoption of an ordinance vacating 6,785
square feet of Grand Avenue Court right-of-way; and
WHEREAS, the University of Iowa, owner of adjacent property, wishes to acquire said right-of-
way from the City; and
WHEREAS, Iowa Code Section 364.7(3) provides that the City may dispose of real property to a
governmental body for a public purpose, without monetary compensation; and
WHEREAS, one of the University of Iowa's parcels of property adjacent to the right-of-way
contains a structure locally known as the Cannon-Gay House; and
WHEREAS, the parcel of property containing the Cannon - Gay House is duly designated as an
Iowa City Historic Landmark, the Cannon-Gay House is a house listed on the National Register of
Historic Places and it is in the City's interest to protect its cultural and historic resources; and
WHEREAS, conveyance of said right-of-way property to adjacent property owner University of
Iowa, subject to (1) the Iowa Board of Regents' execution of a written covenant that the original
portion of the Cannon-Gay House built in 1884 shall be subject to Iowa City's Historic
Preservation Regulations, and (2) retention of easements for City water and sanitary sewer
utilities currently existing within the right-of-way, is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to convey its interest in the 6,780 square feet
of Grand Avenue Court right-of-way to the University of Iowa subject to:
(a) The Iowa Board of Regents' execution of a written covenant, to be recorded with the
Johnson County Recorder, agreeing that the original portion of the Cannon-Gay
House built in 1884 is a duly designated Historic Landmark and shall be subject to the
City's Historic Preservation Regulations, as amended.
(b) The Iowa Board of Regents' execution of a water main and sanitary easement
agreement for said utilities currently existing utilities within the right-of-way.
2. Public hearing on said proposal should be and is hereby set for November 5, 2002 at 7:00
p.m. in the Emma J. Harvat Hall at the Civic Center, 410 East Washington Street, Iowa City,
Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as
posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said
public hearing to be published as provided by law.
Resolution No.
Page 2
Passed and approved this day of ,20
MAYOR
Approved by
CITY CLERK Q:t~/Att~rney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
mitcWBIUl~AClresd~rdavect, doc
~ City Council Meeting Schedule and October 24, 2uuz
~ Work Session Agendas
CITY OF IOWA CITY
www.icgov.org
· TUESDAY, OCTOBER 29 Emma J. Harvat Hall
9:00a Special Council Formal Meeting
Separate Agenda Posted
TENTATIVE FUTURE MEETINGS AND AGENDAS
· MONDAY, NOVEMBER 4 Emma J. Harvat Hall
6:30p Regular Council Work Session
· TUESDAY, NOVEMBER 5 Emma J. Harvat Hall
7:00p Regular Council Formal Meeting
· MONDAY, NOVEMBER 11
Veterans' Day Holiday - City Offices Closed
· MONDAY, NOVEMBER 18 Emma J. Harvat Hall
6:30p Regular Council Work Session
· TUESDAY, NOVEMBER 19 Emma J. HarvatHall
7:00p Regular Council Formal Meeting
· THURSDAY, NOVEMBER28
Thanksgiving Holiday - City Offices Closed
· FRIDAY, NOVEMBER29
Thanksgiving Holiday - City Offices Closed
· MONDAY, DECEMBER 9 Emma J. Harvat Hall
6:30p Special Council Work Session
Meeting date,s/times/topics subject to change
FUTURE WORK SESSION ITEMS
Regulation of Downtown Dumpsters Downtown Historic Preservation
Age of Consent
City of Iowa City
MEMORANDUM
Date: October 24, 2002
To: City Council /~,. ~ ·
From: Eleanor M. Dilkes, City Attorne
Re: Commencement of Initiative Proceeding
Attached you will find the affidavit to commence initiative proceeding that was filed with
the City Clerk on October 21, 2002 and proposes an ordinance which would restrict the
sale of brewed coffee to organic, fair-trade, or shade-grown certified coffee. As you will
recall, the initiative procedure in the City Charter requires that the petitioners submit the
requisite number of signatures of registered Iowa City voters (in this case 2,667
signatures) within six months of the filing of the affidavit. You will recall that if the
petitioners gather the requisite number of signatures, the ordinance comes before the City
Council, and the City Council must either adopt the ordinance or submit the ordinance to
the voters. The details of the procedure are set forth in Article VII of the Charter and will
not be repeated here.
I have done a cursory review of the proposed ordinance and determined that it does not
fall within those matters which are excluded from the right of initiative. In addition, it is
clear on the face of the proposed ordinance that the proposed enforcement mechanism
raises issues given that Iowa City does not issue business licenses and under State Code
$500 is the maximum penalty for a misdemeanor. I will review the proposed ordinance in
more detail and be prepared to advise the City Council if the requisite number of
signatures are obtained and the ordinance is presented to Council for consideration.
cc: Steve Atkins
Dale Helling
Sarah Holecek
Marian Karr
Petitioners Belcher and Burnett
eleanodmem/coffe-ord,doc
AFFIDAVIT TO COMMENCE iNiTIATiVE OR REFERENDUM PRO~CEEDI~IGS
STATE OF IOWA ) J~l ...... Iffi"-~ --~ ~
) ~1 u~i ~. 1 ZOOZ I~~ ~
COUN~ OF JOHNSON ) ~ ~ ~ ~
CI A ORNEY'SO =
The unde~lgned petltloner(~) hereby propose(s) to ~mmen~ Inl~Bt ~fe~dum
pro~*d~n~s pu~uant to ~l*l* VII of tho Cha~r of Io~ GI~. ~
~aeh of th* und*~lonod i~ a vot*r who t~ m~l~t~red to voto in Iowa ¢1~.
2. Th* undo~i~n~d ~11 *upo~ice tho eiroula~on of th* Int~aflw or referendum
petition and ~11 be responsible for filing it In proper fo~ with the Ci~ Cle~ of
Iowa Ci~.
3, The name(s), address(es), and phone number(s) of ~e peQfloner(s) is (am) as
follo~ (pdnt or ~e): ....
~ C~1/~ ~o ~.. c~/. ~
4, All relevant notices relating to the initiative or referendum proposal shall be
addressed as folfows:
(~(o ~, qi~A~.,.~.~(o Street Address or Post Office Box
5. The o~inan~ proposed or sought to be re~nsldemd is affached hereto as an
exhibit and by this referendum made a pa~ hereof.
Witness my (our) hand(s) this ~ day~ ~~ ,20~.
Subscribed and sworn to before me, a Notary Public, on this o'~.{' ~ day of .,'~'~_q~' ~
,by~a~:~_and ~--7'J~.~/.~. ~.~ ,tomekno~
to be ~e pemon(s) who executed the foregoing Affidavit, and who (or ea~ of ~Om)
acknowledged that he/she executed the same as hisser volunta~ a~ and deed.
N~ublic
My ~mmtsslon expires ~-~'.~
EVIDENCE
RESTRICTING THE SALE OF BREWED COFFEE TO ORGANIC FAIR-TRADE
OR SHADE-GROWN CERTIFIED COFFEE
The people of the City of Iowa City do ordain as follows:
WHEREAS coffee growers often use synthetic chemical pesticides and fertilizer~; and'
WHEREAS, coffee growers often cut down trees; and
WHEREAS, the growing of coffee in the manner described above produces an adverse
effect upon the environment which is injurious to the health, safety, comfort, convenience,
welfare and happiness of the residents of the City of Iowa City; and
WtIEREAS, the sale of the hereinafter enumerated beverages would reduce the adverse
effect mentioned above and benefit the citizens of Iowa City and others outside the City
of Iowa City; and
WHEREAS, the sale of the hereinafter enumerated beverages would encourage others to
sell the same; and
WHEREAS, the passage of a City of Iowa City ordinance restricting the sale of brewed
coffee to the hereinafter enumerated beverages would encourage others to do the same;
and
WHEREAS, the regulation of the sale of brewed coffee within the City of Iowa City is a
municipal affair and in the public interest.
NOW, THEREFORE, Be it Ordained as follows: t-) -' r-o --
Section 1. DEFINITIONS. C) ~ ~-~ ".,~
For the purposes of this ordinance, the following terms shall be defined as foll~Vs:
a. "Brewed Coffee Beverage" shall mean all beverages brewed from coffee beans,
including but not limited to caf6 au lalt, caf6 espresso, caffe latte, cappuccino, and
espresso beveFages. "Brewed Coffee Beverage" shall not include dry coffee
beans, either as whole beans or in ground form.
b. "Business Vendor" shall mean any person, firm, individual, corporation,
partnership, association, joint venture, vendor, or any combination thereof, selling
or offering for sale brewed coffee beverages.
c. "City" shall mean all that territory within the corporate limits of the City of Iowa
City.
d. "City Manager" shall mean the City Manager of the City of Iowa City or said
Manager's designated representative.
e. "Fair-Trade" shall mean Fair-Trade Certified coffee as defined by TransFair USA,
1611 Telegraph Ave. Suite 900, Oakland, CA 94612
f. "Organic" shall mean organic as defined by the final rule establishing the
National Organic Program under the direction of the Agricultural Marketing
Service, an arm of the United States Department of Agriculture (USDA), located
at 7 CFR Part 205, issued pursuant of the Organic Food Production Act of 1990;
as amended 7 U.S.C. 6501 et seq.
g. "Sale" shall mean a commercial transaction by any person, firm, individual,
corporation, partnership, or vendor, in which transaction beverages are sold
directly to the public for a monetary consideration.
h. "Shade-Grown" shall mean coffee that carries either the "Bird Friendly®" seal of
approval developed by the Smithsonian Migratory Bird Center, National
Zoological Park Washington, DC 20008, or the "ECO-O.K.(r)" mark developed
by The Conservation Action Network of Ralnforest Alliance, 65 Bleeker Street,
New York, NY 10012.
Section 2. THE SAI.E OF BREWED COFFEE IS RESTRICTED TO ORGANIC,
FAIR-TRADE, OR SHADE-GROWN CERTIFIED COFFEE.
a. Every brewed coffee beverage sold of offered for sale by any business vendor in
the City of Iowa City shall be brewed solely from coffee beans that are either
certified:
(1)Organic, or
(2)Fair-Trade, or
(3)Shade-Grown, or
(4)A combination thereof.
Section 3. INSPECTION.
The City Manager or the Manager's designated representative is authorize to enter the
business premises of any business vendor engaged in the sale of brewed coffee beverages
in the City and which business vendor is licensed by the City to conduct a business, for
the sole purpose of inspecting said premises and determining whether the business vendor
is in compliance with this ordinance.
Section 4. VIOLATIONS.
Any business vendor found in violation of any provision of this ordinance shall be guilty
of a simple misdemeanor and shall be punished by a minimum fine of $250.00, not
exceeding $1,000.00, or imprisonment not exceeding three (3) days, or both suc~ fine a~
imprisonment. ~,~ C)
Section 5. SEVERABILITY. - -: -'~ -~-]
The provisions of this ordinance are hereby declared to be severable and if any provision,
sentence, clause, section, or part hereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or cimumstance, such illegality, invalidity, unconstitutionality,
or inapplicability shall not affect or impair any of the remaining provisions, sentences,
clauses, sections, or parts of this ordinance or their application to persons and
circumstances.
Section 6. CONSTRUCTION
This ordinance shall be liberally construed to advance the purposes of this ordinance as
described in the Evidence section above.
Section 7. EFFECTIVE DATE.
This ordinance shall take effect three months after it has been adopted by the city council,
or at election.
Section 8. POSTING.
Copies of this Bill are hereby ordered published by posting with the vote thereon as
required by law.
STATEMENT OF REASONS
Background
Organic Coffee
Organic coffee is produced under an approach that views the farm as an ecosystem,
promoting long-term protection of the farm environment with emphasis on recycling,
composting, soil health, and biological activity. Synthetic chemicals are rigorously
avoided.
Fair-Trade Certified Coffee
Fair~Trade certified coffee is coffee which meets the standards of TransFair USA, a non-
profit monitoring organization which certifies that participating traders are following fair
trade guidelines. These guidelines support small farmers by guaranteeing a minimum
"fair trade price." Small farmers, though not able to afford "official certificatioll, use ~': :~
organic methods and plant shade grown coffee on small pieces of property dis -~r~d k-;
throughout a region. ~:: ~ ~ c~
Shade-Grown Coffee ::~ ('- --
Shade-grown coffee is planted in a shaded, forest-like setting created by a canopy of trees.
The diversity of plant and animal life found in such settings creates very little need for
chemical treatment. The forest canopy provides natural habitat for hundreds of species of
animals, including native song birds.
By restricting the sale of brewed coffee in Iowa City to orgardc, Fair-Trade, or shade-
grown certified coffee, Iowa City citizens can realize a number of benefits. First, the
initiative will cause a reduction in the use of chemicals applied in coffee cultivatitn.
Some of these chemicals used in the production of coffee, such as DDT, are Persistent
Organic Pollutants (POPs). POPs pose particularly serious risks to human health.
Although these chemicals are applied outside Iowa City, POPs are persistent in the
environment and can travel to regions far from their original source. Their residues are
carried across the giobe by air and water currents and precipitation. In addition to air and
water, POPs travel in living creatures, such as migratory birds. In sum, a reduction in use
of chemicals in far off places will result in fewer chemicals in the Iowa City environment.
Second, Iowa City citizens would be happy knowing that they are reducing the harm to
their neighbors. The reduction of chemicals would reduce the health threat to the people
in the places where coffee is grown. Often coffee workers are not made aware of the
toxicity of these chemical compounds. Health problems, from skin conditions to serious
infections, are common. There have also been numerous deaths from contact with these
noxious chemicals. To compound the risk, workers often do not have access to protective
clothing, and the availability of medical help is in short supply.
Third, Iowa is dominantly a farming community, which is part of a larger global
community, and Iowa City citizens would be happy knowing that they are helping in
increasing living standards and providing educational opportunities for farmers and their
families in other countries.
Fourth, the proposed coffee ordinance would also have a direct impact on migratory birds
that pass through or live in Iowa City. The native bird habitat, in particular, has been
extensively damaged due to sun grown coffee farms. The initiative would support the
preservation and expansion of habitat for migratory birds, thus promoting the interests of
bird-lovers in Iowa City.
Finally, Iowa City has a legitimate interest in restricting the sale of coffee in order to set
an example for other communities. If Iowa City citizens are Willing to restrict their
choices of coffee, perhaps those in other citi.es will do the same.
Oct In 02 12:02a JRMES THOMRS 319-358-~;~08
Fl!
James Thomas "'~ ~
131 No~ Fi~t Avenue
Phone ~ 319-358-9585 [~V'.."v'~
F~ ~ 319-3~g~08
E-Mail - J~Pmi~o~mail.Com
~eOenesis~s~lGrou~o~ail.Com
~ber 1 ~, 2002
~. Rick Foss, CiW Enter
410 ~t Was~on 8~eet
Io~ CiF ~1
Iowa CiW, ~ 52240
Re: R~o~ ~ your Phone
D~r ~. Fo~:
I fo~d yo~ ~one ~nve~fion oft~y (~to~r 1~, 2002 at 1 :~5 p.m.) a bit
~singenuo~. ~tyou stated ~your phone call ~s ~e cons~ction cfa side~
adjacent to my ho~e on First Avenue ~ ~n ~scus~ de~ide~ ~d approve~
~out input ~om ~e pro~ o~em at 131 No~ First Avenue.
These ~eps ~ a m~c~ dep~e from pre~ous discussio~ we ~ ~ ~ Vity ~d
~e ci~ m~er (s~ ~fer~ee
ma~aEer, abc ~ ~ference ~ini~
Plus, ~ou are aware ~hat pr~li~tion dheu~ions were ~eurri~g be~n the citv
· florney's o~ee and our a~o~ey. ~t ~ why I suggested you re-ro~e yo~ reques~
~d interes~ ~ ~e ciW a~omey's o~.
Coinci~ntly, no p~or or p~o~ ~n~c~ by you h~ occ~d, nor ~h~g, which
would su~ ~ e~g~ncy or emergency si~fion, exist. It s~ms the pfincip~ reason
for c~ling mc w~ ~ info~ me of~e ci~'s ~sion to cons~ ~ side~k.
Al~o~ you indited you w~d lo ~ow ifI would ~ ~ll~g ~ ~water the gr~'
on ~e i~d ~de, once &~ si~w~k
t~bl~ hu~ ~ g~t ~ job done. I ~ it would ~ p~dent ~d ~se on your ~lfto
~low my ~ly ~d oo~cl to ov~te ~d ~s ~s r~uost. I ~ ass~ng yo~
call ~ b~ed u~n ~ effo~ to allow our input. Co,eot?
Sin~ we ~e repre~n~ by ~el, ~ I re~ to you on two occ~iom when you
c~le~ we ~11 ~ ~ ~m t~y or tomo~ow. You ~so need to allow ~ ciW
aHomey's o~ ~ op~W to ~er wi~ o~ ~sel, once w~ ~sh o~
~sions. ~en o~ ~el and ~ c~ dete~ne w~t is in o~ best interest ~ it
~t~ ~ ~e si~k. The sidew~k issue is o~y p~ of~ over~l disc~sion of
side~lk ~d ~l~y re~d issues ~t ~n~m o~ pro~.
Oct 18 02 12:02a 3RMES THOMRS 319-358-~508
The reality of thc city's request is obvious and simple to us, why the radical change in
positioning? Is it connected to previous decisions, or indeed a reaction to a response you
received from counsel? Either way, the purpose of the construction, and its non-cost to
us, appears to be too good to be accepted at face value, given the past history of the city
dealings with us on these matters. I will remind you again, that other issues exist which
have not been resolved pertaining to sidewalks and walkways.
In addition, this is the first time you have personally con~acted me/us specifically about
the sidewalk. Although others from the city have contacted me to compel enforcement,
threaten fines or both.
Until we have an opportunity to discuss this specifio matter with our attorney, no work is
to be performed on ou~ property (even though the city has a right of way). If work is
initiated, we will view this as another"unilateral aotion" of the city, to enforce its will,
regardless of the desires of the homeowners in this matter. If work does begin, all
information regarding this matter and related matters will be forwarded to the appropriate
agencies.
! am send'rog a copy of this letter to the City Council as well. As the elected public
~ervanls of the people of Iowa City, the Council should be sensitive, aware and concerned
about all of its citizens. Please contact me at your earliest convenience.
~incer?lyx ts
James Thomas
Attorney Bob Downer
City Council Members
Steve Atkina, City Manager
Enclosure- May 20, 2002 Letter to City Manager
Oot 18 02 12:02a 3RMES THOMRS 319-358-6508
James Thomas
131 North First Avenue
Iowa City, IA 52245
Phone # 319-358-9585 '_
Fax # 319-358-6508
E-Mail - Just_Praise~Hotmail. Com
TheGenesisGospolGroup(~Hotmail. Com .-..
June 5, 2002
Mr. Steve Atkius, City Manager
410 East Washington Str~¢t
Iowa City Hall
Iowa City, IA 52240
Re: your Response Dated May 23~ 2002
Dear Mr. Atkins:
I have received your response to my letter dated May 23, 2002. We disagree that you
have fulfilled your commitments to us. We have yet to heur from you regarding the other
issues raised in our May 20th let~r. Regrettably you only addressed one of the several
concerns we raised when we reel And yes, we agree the Auto Storage Ordinance should
not b¢ ignored, regardless of whether it is a good or poorly designed one, because it is
law and is in effect.
That is the reason we sought you out as the city manager to discuss our concerns. You,
however, seem to focus on only one area of our discussion, the issue raised concerning
the wooden fence. If you peruse the letter again, you will notice three (3) other issues
I/we raised with you in that April 12~h meeting. I have enclosed another copy of the May
20'~ letter for you to review. It is obvious that you did not see any benefit in granting
leniency in enforcement of thc Auto Storage Ordinance, but chose not to addres~ the
leniency issue (referred to us as issue 1 in our letter to you) in your response letter to us.
Nor did you respond to thc sidewalk issue, but I am sure hased on our conversation, and
the desires of the city, that it is an important issue. I again raise the sidewalk issue, as it
also is important to us, and even though we would like to pave it immediately it would
constitute a financial hardship.
However, I raise this again, because we would not like to loc surprised by thc city
re~ponding with a citation or a process server on this issue (taking the same path as the
auto storage ordinance) given our request for leniency. We again, arc exploring a
reasonable discussion and commUmcation regarding the sidewalk, which could bc
mutually satis~ing. My understanding is Montclalr Apartments also on First Avenue
and faced with thc dilemma of paving sidewalks has been approached by the city and
discussion is underway to complete its paving. Why has no one from tho city contacted
us regarding the paving of sidewalk that is adjacent to Montclair Apamacnts? Why
Oct 18 02 12:03a 3AMES THOMAS 319-358-6508
hasn't anyone since spe~king with your office about our situation attempted to get a
status report about our progress or lack thereof in completing the project? Yet we know
you have dialogue with Montclair Apartments, docs a double standard of trealment exist
here? I raise this again, because you were completely silent on this issue in your
response to us. So what is your story?
As far as the wooden fence request is concerned, it is now quite obvious to us that a
wooden privacy fence would not have resolved the problem, given thc enforcement
activities the city engaged in Mr. David Dunlap's case. Nor did I or we ever indicate a
desire to, in effect, "hide" our vehicles. It seemed a reasonable compromise since our
vehicles seemed to disrupt so many lives in the neighborhood. A privacy fence is just
that, to preserve privacy, ours as well, and at the same time meet the requirements of the
ordinance. When we talked, it seemed a reasonable compromise to what we consider to
be an "over-reaching" city ordinance.
This ordinance seems invasive, coercive and appears to be an affxont to expected
constitutional protected and guaranteed fights of privacy and quiet enjoyment of home
ownership. The enforcement activities of how you proceed to determine violations oftbe
ordinance appear as unlawful as the ordinance you seek to enforce. Trespass onto private
property is not appropriate to take pictures to prove a civil infi'actiott This amounts to
unlawful surveillance of a taxpayer's private property and in effect is no different from
other obtrusive acts that trample individual freedoms.
The question is, where does it stop? Do you take a daily count of the vehicles parked on
a person's property? When wc give a party should we call the city first7 Should a
homeowner call the building inspection office and indicate when overnight guests are
residing at one's home? ifa university vehicle is parked at the home, docs that mean if it
excf, xxls the maximum count, a citation will be issued? Does it also mean that ifa car,
still owned by someone cited, and in this case, it seems only me, returns to the property
for maintcnanco, and the count is exceeded and an anonymous complaint is filed, will
another citation be issued? Once a citizen is cited, how long will the budding inspection
office surveillance of a property? Is there a probation period? When docs this procedure
become abusive? No, these are not light-hearted attempts at humor. It seems Iowa City
and its ordinance procedures and processes are arcady on a slippery slope. That slope
appears to becom'mg profoundly more slippery with each passing day. Have we come to
a point in our existence that "citation" is the manner of communicating a neighbor's
discontent?
Mr. Dunlap, also indicated a disgruntled neighbor may have been the anonymous
complainer in his situation. In our case, during the entire history of this Auto Storage
Ordinance, not one single neighbor can honestly claim they approaohed us with c~erns
about the presence of my cars (which dates back to the time we purchased the ho~ ~
1990). Nor on any occasion have we heard from the City's Neighborhood Service~' :--!
Coordinator, or anyone other that building inspection. So, what goes on here? D6_~
resort to using pohcy to modify behav~ot? As chief pubhe se~ce adm~mstrator f&t!ae
city, please explain. ~ .~
~t 18 02 12:03a 3RMES THOMRS 319-358-6508
Maybe it is time for the city ~o re-evaluate its anonymous complaint procedures, which
seem to allow total discretion and intervention and action by the city, regardless oftbe
complainer's motive(s). The current method of initiating an action is discriminatory, and
unfair in application~ As the complainer can hide behind a "shield of'anonymity" and
apparently not be of himself/herself evaluated based on frivolity.
I am sending a copy of this letter ~o the City Council as well. As the elected public
servants of the people of Iowa City, the Council should be sensitive, aware and concerned
about ali of its citizens. Please contact me at your earliest convenience.
Sincerely,
James Thomas
cc: City Council Members
Enclosure- May 20, 2002 Letter to City Manager
Oct
James Thomas
131 North First Avenue
Iowa City, IA 52245
Phone # 319-358-9585
Fax # 319-358-6508
E-Mail- Just Praise@Hotmail.Com or O
TheGenes isGospe 1Group@ Hotmai 1. Com
May 20, 2002
Mr. Steve Atldns, City Manager -" '
410 East Washington Street ? co..
Iowa City Hall
Iowa City, IA 52240
Re: April 12'" Meeting/Citation DelivereO May 18, 2~2 (Citation dated May 16~
z0oz)
Dear Mr. Atkins:
It would be an understatement to say thai ldwe are very disappointed and saddened by the
delivery of a citation by a Sheriff's Deputy that took place on Saturday, May 18, 2002, at
my home. It would have not been so offensive to receive the citation, if my wife and
had not made the effort to seek you out for advice. First we talked by telephone the first
week of April. Then, my wife and I met with you on April 12, 2002, to request
consideration from the City of Iowa City regarding, 1) that leniency be granted about the
ordinance and that vigorous enforce of the new ordinance created last year concerning
excessive numbers of parked cars at my residence not occur, because of financial
hardship; 2) to inform you it yam our intention of paving the sidewalk area abutting our
vacant lot along First Avenue; 3) to request that you and the legal depaihuent consider a
wooden privacy fence as a method of temporary abatement, allowing more time for us to
build what we really desired to bulkL I even offered to bring in the plans that were drawn
up by local Iowa City Architect. Steve Brock.
You indicated you would get back to ns in a few days, which you did not. In fact you
indicated you would forward the request on to legal for consideration of the wooden
privacy fence. Assistant City Attorney, Sue Dulek, of the Legal staff of the City
responded almost immediately and indicated that the fence would not serve to abate the
problem.
However, Ms, Dulek suggested I consider approaching the Council with the idea of
requesting the fence as a method of abatement. I talked with a member of the council and
was told he would bring it up for dispassion. This was less than two weeks ago. I also
· sked her as to whether our property could be grand-fathered ur as an exempt property
or exception, since my pre-existing usage of the property to park my vehicles had been
on-going and un-interrupted for eleven years prior to the creation of the ordinance.
Oct 18 02 12:04a 3RMES THOMRS 319-358-GS08
IF we, were shaken by the two visits from the deputy who delivered the citation. Deputy
David Welsh, of the Johnson County Sheriff's Department, served the citation. Our
thoughts were that our requests to you were still under consideration. We had received
no correspondence or notification that the procedures you were to employ were complete.
Nor had you responded to the other items requested during our April 12, 2002 meeting.
If this is an example of "good faith" or concern for a family that has resided in this
community for almost twenty years, Iowa City is in sad shape. Over the past three years,
I have received at least 6 or 7 citations, that seemed to be more geared toward modifying
my/our behavior or lifestyle, or tantamount to harassment. As hard as I try I cannot
determine the public interests issues of health, safety or welfare concerns of the City.
In fact during the April 12, 2002 meeting, you indicated after we outlined the three items
we came to meet with you about, you did n0.t want to see us incur more expenses (your
response was a reaction to my asking if we conslxucted the eight foot wooden privacy
fence around the area in thc back-yard, if that would abate enforcement of the ordinance,
you know....out of sight.....out of mind).
I will do my best, with the limited financial resources available to me to move the
required number of cars, to comply with this new ordinance, at it has always been my
intent to remain a law abiding citizen. Prior to this ordinance being created, the other
citations were served for parking on un-improved parking surfaces.
To comply with those violations, I paid for the pouring and finishing of over 1800
~ squal'~
feet of concrete. It appears that the anonymous complaint process in Iowa C~ty is very
effective, as I received the warning citation for excessive parking after the development
of the ordinance in April of 2001. An anonymous citizun ealled in this violation oftbe
excessive parking ordinance 16 days at, er enforcement begav_ I can say without
hesitating, it does surprise me; given the collective negative experience we have endured
here in the "Number 2 Small ~ In the entire United States.
I am sending a copy of this letter to the City Council as well. Please contact me at your
earliest convenience.
Sincerely,
James Thomas
131 Nmeda First Avenue
Iowa City, IA 52245
~: City Council Members
Enclosure- Citation delivered 5/18/02
IP5
November 1,2002
Lexington Avenue residents between Park Road and River Street
Re: Lexington Avenue traffic barricade
Dear Residents:
Last spring the City re-installed the traffic-calming barricade on Lexington Avenue near
the intersection with McLean Street. You will recall that the agreement worked out
between the neighborhood and the City Council states that the barricade will be in place
for three seasons and removed during the winter. We specifically have established that
the barricade will be removed at the end of November when the City installs snowplows
on City trucks, and reinstalled in March when the snowplows are taken off.
The purpose of this letter is to inform you that City crews will remove the barricade at the
end of November, along with the warning signage on Lexington Avenue. City crews will
reinstall the barricade next March. If you note an increase in reckless operation of
vehicles on Lexington Avenue, you should contact the Iowa City Police Department at
their routine business number, 356-5275.
Feel free to contact me if you have any questions.
Sincere ,
Beth Pfohl t.* :: .~,'
JCCOG Traffic Engineering Planner
CC:
Police Department
Public Works Department
Planning and Community Development Department
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 ° FAX (319) 356-5009
10/19/02
THRU: Iowa City Council
TO: Telecommunications Commission
Dear Folks:
A little while ago, I heard a noise and went outside to find a Mediacom
man fumbling in the cable box. He said an extra fee was required to
maintain the level of service AT&T had offered. If I hadn't gone out to
investigate the Noise, half my service would have been erased without my
awar ene s s.
The Mediacom cable guide, without which my service is useless, is published by
Gannett and cobbled together like its Sundaynewspaper. When I brought inaccuracies
in the guide to the attention of Mediacom, the girl said I was the only
one having trouble.
I disco, ntinuedmycableTV service on the spot. If the City can't keep a
television provider in line, how can we expect it to operate a power distri-
bution system?
Robert G. Dostal
326 Douglass St.
Iowa City, IA 52246
Tel.: 338-8789
/ IP7
The Forbes/Milken Institute Best Small Places for Business and Career ranks 96 smaller metros
based on growth in jobs and earned income, plus a measure of activity in critical technologies that
foster future growth. These metros had 2000 populations below 177,000. The official government
statistics that underlie the rankings are the latest available, most through the end of calendar 2001.
The metropolitan areas are those designated by the U.S. Census This year two places were added
to the 96 Smaller Metres ranking. They are Grand Junctions, CO and Pocatello, ID. This web
exclusive data is only available on Forbes.com.
click on a column header to view this result set sorted by that category:
....................... rank .......................
5-yr salary 5-yr job 5-yr high-tech GDP 2001
rank city, state growth growth growth population/thou rank
I Las Cruces,NM 48 52 68 170 21
2 Je~ ~ 80 51 128 10,~ 11
3 Tyler,TX 63 62 25 170 8
4 Punta Gorda,FL 21 22 183 137 5
5 Sioux Falls,SD 41 41 172 164 9
Fort Walton
6 Beach,FL 34 2G 227 170 13
1 "Bryan-College 45 24 90 134 7
Station,TX
8 Pocatello lB 85 80 4 75 --
9 Lawrence,KS 162 47 34 98 19
10 Rochester,MN 16 7 212 119 3
11 Greeley,CO 42 42 191 115 1
t2 Billings,MT 152 158 95 127 37
13 Yuba City,CA 72 38 52 138 10
t4 Greenville,NC 60 189 178 128 4
15 Reddin§,CA 102 78 185 165 24
16 Medfor4~Ashland,OR 71 81 189 t7G 2
1'/' Yuma,AZ 2 57 150 136 18
18 Bismarck,ND 134 124 100 82 38
19 Cheyenne.WY 196 164 9 79 33
20 Ea~ d,¢,Git~,SD 1:43 108 t86 88 26
2'1 Fargo-Moorhead,ND- 110 9' 132 170 22
MN
23 Santa Fo,NM 219 172 157 143 55
· I ecnnoloffy center springing up in Iowa
IP8
Technology center springing up in Iowa
IOWA CITY, Iowa (AP) -- A long-term contract to supply Proctor &
Gamble a unique line of molded plastic shampoo bottles is a big reason
Alpls is building a 5$,000-square-foot factosy on this city's east side. But
proximity to its sole customer is just part of the reason the Austrian-based
bottle maker selected eastern Iowa to establish a Midwestern foothold, said
Joe Gregos, the company's operations manager.
Execuiives shopped throughout the Midwest's industrial centers before
deciding the business corridor between Iowa City and Cedar Rapids
offered the customer base, skilled labor pool and central location to
support grow~ in several major Midwestern markets.
· "Ifs an ideal location logistically," C, regos said. 'It really opens the
possibilities of future expansion with other customers in major Midwestern
markets."
I//cnnomic development officials in Iowa City and Cedar Rapids are
banking that Alpla is just the latest corporation to set up shop in what's
being marketed under the trademarked title: The Cedar Rapids/Iowa City
Teehnolol~T Corridor,
The name is a critical step to crealing an economic identi~y -- or brand
name -- for the region, then using that name as a tool to compete globally
for companies that will both complement the existing economic base and
thrive in a regional economy, said Dennis Jordan, vice president for
Priority One~ Priority One, the economic development a~ra of the Cedar
Rapids Area Chamber of Commerce, shares in the promolJon of the
corridor with the Iowa City Area Development Ckoup.
°'If companies are not already located in the l~dwes~, they may not have
any idea where Cedar Rapids and lows City are and what complies are
already located here," said ]'ordan. "Our hope is that by working together,
and defining who and what we ate ... we ate able to create more
opportunities to compete and grow."
Since Cedar Rapids and Iowa City joined forces in the late 1980s to
compete for a Saturn auto plant, which instead chose Spring Hill, Tenn.,
economic leaders have worked in va~'ing degrees to promote the region as
http ://www.usntoday~com/tecWnews/2002-07.19-iowa-technology_x,htm 10/4/2002
[0/10/02 THU ].1:16 FAX 319 39S $228 C,R. CHA)~B£R ~]003
· USA,',',TODAY.com - Technology center springing up in Iowa Page 2 of 3
a single economic entity, Iordan said.
But it wasn't until this spnng that leaders in 10 cities and two counties
committed to an all-for-one approach to marketing, 10'owing and
diversifying thc corridor's economy. Several research studies supported the
notion and several successful corridor models already existed to show the
concept could work.
"It all came down to realizing that we cannot afford not to work together,"
Jordan said.
Like its better established cousins, such as Silicon Valley, the Research
Triangle Paxk in North Carolina and those in Boston and Austin, Texas, the
eastern Iowa version is defined by geography, economics and finding its
own niche.
Anchored by the hubs of Cedar Rapids and Iowa City, the corridor
sb'elches along 1-380 to the nor~hem outposts of Hiawatha and Marion, juts
south to Kalona and reaches west along I-$0 as far as West Branch. Its
interior includes the communities of Solon, North Liberty, West Liberty
and Coralville.
It is also distinguished by its existing clusters ofinduslvj, said Joe Rase,
president of the Iowa City Area Development Group.
Rase said rcscarch has idcniificd pcrsonal hygicne companies and
elech'onics makers as thc corridor's twin economic pillars. Companies such
as Proctor &: Gamble, Oral B Laboratories, Quaker Oats and Ralston Foods
on the personal product side and Kockwcll Collins and Skyworks Solutions
in the electronics area account for a signifi~am number of the corridor's
225,000 jobs and $19.7 billion annual industrial output, officials said
These corporate leaders also arc viewed as magnets, serving as proof of ~he
corridor's economic viabiliF, skilled workforce and enticing economic
opportunities for smaller companies, like Alpla, Paso said.
The corridor also is strongly represented by data and financial services,
insurance, ~ducational testing and biotechnology companies attracted to or
spun out of the University of Iowa, officials said.
Efforts to market the Technology Corridor have focused on companies that
fit the corridor's economic complexion, distributors or manufacturers
looking to expand to thc Midwest rather than relocate and companies that
arc using the most sophisticated technology on the market.
Thc strategy also targets companies that may offer fewer jobs, but better
paying ones, Jordan said.
"We're not trying to compete with San Jose or Raleigh," Jordan said. "We
need to find our own niche and compete based on the skill sets that are
http://wv~,v usatoday.comhtech/news/2002-07-19-iowa-technology_x,htm 10/412002
~a,~ i v~,Al .;;om - I ecnnolo~/center springing up in Iowa PaBc 3 of 3
here."
In their travels in recent months to A'danta, Houston and other cities to tout
the corridor, Raso a~d $orda~ have also tou~ed its affordable costs for
living and doing business, quality of life and the fact that cities like
Chicago, Minneapolis, Kansas City and St, Louis arc less than a day's drive
away.
Copyright 2002 The .4ssoctated Press..411rights re~erve~ Thix mater~al
may not be publishe~ broadcast, r~ritten or r~ibute&
Te~s of ~ Pd~c~ Po~v ~ ~
· Copyr~ ~2 USA TODAY, a di~sio~ of ~fl ~. Inc.
htlp://www.usatoday.comhech/news/2002-07-19-iowa-technology..x.htm 10/4/2002
JOINT MEETING
MINUTES OF THE JOINT MEETING OF THE CORALV1LLE CITY COUNCIL, IOWA
CITY COUNCIL, IOWA CITY SCHOOL BOARD, AND JOHNSON COUNTY BOARD
OF SUPERVISORS
September 25, 2002
Coralville City Council Members present: Henry Herwi~; Dave Jacoby,
Tom Gill, Jean Schnake, and John Weihe. Coralville Mayor, Jim Fausett.
Iowa City Council members present: Ross Wilburn; Mike O'Donnell, Steven
Kanner, Connie Champion, Ervin Pfab, and Mayor Ernie Lehman. School
Board members present: Pete Wallace, Jan Leff; Dave Franker, and
Lauren Reece. North Liberty Council Members present: William Dorst;
John Soukup, Matthew Bahl and Mayor Clair Mekota. Johnson County Board
of Supervisors: Terrence Neuzil, Pat Harney, Mike Lehman, and Sally
Stutsman.
Rick Havel, of Johnson County gave an update on the GIS system the
County is working on. He showed maps of the area.
Johnson County Supervisor, Terrence Neuzil, reported that the jail
space and services task force will recommend solutions to the jail
crowding. They have been meeting once a month and have been working on
framework and priorities for a public survey. They plan to deliver
their report in April.
Iowa City Mayor, Ernie Lehman, said they are getting budget figures
together on the Senior Center funding.
City Manager, Steve Atkins said that the County has reduced their
contribution to the Senior Center by 20% from $150,000 to $100,000...
This eliminates the 28E agreement they had with the City.
Mayor Lehman stated that Iowa City resident's are double taxed.
County Supervisor Stutsman said that the County will still fund the
Senior Center, but not at the same level as in the past.
Supervisor Neuzil said that 11% of the Senior Center attendees are from
unincorporated areas. 218 individuals or 9% from Coralville used the
center.
Mayor Fausett said that we're all part of the county and our citizens
are already contributing.
Iowa City Council Member 0'Donnell asked if the Senior Center
Commission and senior citizens could meet and present information to
us.
The Johnson County Board of Supervisors will meet with the Senior
Center Commission to work out future County levels of funding the
center.
North Liberty Mayor Medota said he didn't know any North Liberty
residents who use the Center. They'd like to knew the numbers, then we
could do some work on how we want to do it.
School Board Member Reece reported that they are in the process of
purchasing property by North Liberty for the school district. They are
working on reassignment of attendance areas.
There was discussion on the Highway 965 planning for construction of
extension. The bridge over Highway 218 is in the 5 year road plan.
Administrator Hayworth said the Camp Cardinal extension is in the 2005
road plan and they are working on a 28E agreement with Iowa City
concerning this.
Jeff Davidson, JCCOG, said there is a 28E agreement from 1996
concerning Deer Creek Road with no obligation to build. He said that
Camp Cardinal Road is planned for construction before the Highway 965
extension. The plan is to leave Deer Creek Road a gravel road for
local service only.
The next joint meeting is scheduled for Wednesday, January 22nd at 4
P.M. hosted by Johnson County Board of Supervisors.
Meeting adjourned at 5:12 P.M.
Sincerely,
Arlys Hannam
City Clerk
Coralville
FROM COUNCIL MEMBER PFAB
JOHNSON COUNTY EMERGENCY MANAGEMENT IP10
Thomas L. Hansen
Emergency Management Coordinator
October 18, 2002
The Johnson County Emergency Management Commission a.k.a, the Civil Defense
Board will meet in regular session on Wednesday, October 23, 2002, at 7:30 p.m. in the
Sheriff's conference room at the Johnson County Jail Building at 511 So. Capitol St. in
Iowa City, Iowa.
AGENDA
1. Meeting called to order by Chairperson at 7:30 p.m.
2. Reading and action on the minutes of September 25, 2002 meeting.
3. Reading and action on the expenses since the September 25, 2002
meeting.
4. Reading and action on the receipts since the September 25, 2002 meeting.
5. Discussion by the Emergency Management Coordinator.
a. Update on DOJ grant
b. Sirens
c. October activity
d. Upcoming classes and activities
6. Discussion and action by the Commission
a. Old Business
1. Mitigation plans
b. New Business
1. Recovery plans
7. Discussion by Commission
8. Discussion by General Public
9. Motion for adjournment.
The next meeting of the Emergency Management Commission will
be Wednesday December 4, 2002.
51 I S. CAPITOL / P.O. BOX 169 / IOWA CITY, IOWA 52244 / TELEPHONE (319) 356-6028
FAX: (319) 339-6175 EMAIL: jocoema@co.john$on.ia.u$
JOHNSON COUNTY EMERGENCY MANAGEMENT
Thomas L. Hansen
Emergency Management Co(3rdinator
Minutes of the September 25, 2002 Meeting of the
Johnson County Emergency Management Commission.
In attendance were: Pat Harney - Board of Supervisors
Gary Kinsinger - Coralville
George Murphy - Hills
Irvin Pfab - Iowa City
Dave Smith - Lone Tree
Matt Bahl - North Liberty
Don Saxton - Oxford
Steve Hayslett - Sheriff's Department
Dave Shaffer - Tiffin
Tom Hansen - EMA Coordinator
Ron Stutzman - guest
1. Chairperson Don Saxton called the meeting to order at 7:30 pm.
2. The minutes of the May 22, 2002 were read. Dave Smith moved that the minutes
be approved. Steve Hayslett seconded the motion. Motion carried.
3. The expenses since the May meeting were reviewed. There were questions about
the Danko bill fi.om June. Danko is the company that provides maintenance on the Hurst
tools kept in the rescue track. Tom explained the bill and advised the Commission that
we have canceled the contract with Danko and will contract with another dealer that he
knows of. Any company contracted will be certified by Hurst. Questions about the
rescue track repair bills were answered and it was suggested that an automatic bleed
system be put on the brakes. Tl~e generator at East Overlook is on contract and t~.at is the
Altorfer bill which covers maintenance on that equipment. Altorfer also maintains the
generator at the Sheriff's Building. There were questions about the HazMat physicals
and suggestions by Kinsinger for other options that will be investigated.
Kinsinger moved that the expense report be accepted. Bald seconded the motion.
Motion carried.
4. The receipts report for the months of June, July, August and September were
reviewed. There were no questions. Smith moved that the report be accepted. Kinsinger
seconded the motion. Motion carried.
5. Tom Hansen, Emergency Management Coordinator, updated the Commission
members on the activities of the summer and September. The Recovery and Mitigation
Plan are required by the State along with a Multi-Hazard Plan. The Multi-Hazard Plan
1
51 I S. CAPITOL / P.O. BOX 169 / IOWA CITY, IOWA 52244 / TELEPHONE (319) 356-6028
FAX: 1319) 339-6175 EMAIL: jocoema@co,john$on.ia.u$
has been in place for a number of years. The Recovery and Mitigation Plans have
recently been approved by the Board of Supervisors and the State and now need to be
approved by the Commission. These are all County Plans. Annex G and the Multi-
Hazard Plans have recently been updated as has Annex P, the Hazardous Chemicals Plan.
Copies of the Mitigation and Recovery Plans were distributed to Commission members.
This has been a busy summer with the Fairs, both County and State, and 4 NOAA
weather radios were given away fi.om drawings at the County Fair. There was a
meeting to look at the possibility of participating in the CHERoCap program. CHER-
CAP is a federal group that will come in and look at existing plans and provide mining
and recommendations for improvements and will work with industry, medical, law
enforcement and fire/hazrnat groups. This is not intended to be a threatening situation
but an educational activity. Four other counties in the state have participated. One felt
threatened but the other 3 were satisfied with the end result wkich is a large scaled drill.
There is money to help -~Sth this prograna.
LEPC has become a vital group and it is a great connection with industry, medical, law
enforcement and fire deparmaents.
Tom told the group that he was involved in a big statewide drill in August involving
many different people. He told the Commission that the drill involved events following a
large ice storm causing problems with gas lines leaving many without heat.
In August we also held the Duane Arnold Energy Center (DAEC) '~walk thru" at West
High School to test our preparedness should there ever be a need to evacuate Cedar
Rapids due to an incident at the DAEC.
FY '03 DOJ grant application has been filed. A meeting with local law enforcement, fire,
hazmat team, and medical people was help to review with them the approved equipment
and to ask that they make requests for the equipment that their departments need. The
equipment requested fi.om the FY '02 has started to arrive and is being dispersed. (DOJ
is Department of Justice grant) Last year we received $80,000 dollars and this year we
hope that will be more. This application is based on vulnerability studies and critical
targets in the co 'tmty along with the equipment and training needs in the county. This is
all equipment and training needed to battle WMD (weapons of mass destruction) events.
HazMat billing was sent out and ail have been paid. We do have money put back for the
new response vehicle and the specifications have been drawn up and jnst waiting for
review by Sheriff Carpenter who is the administrative head of HazMat.
Plans A, B, and C (MuitiI-Ia?ard, Mitigation and Recovery) plans axe required of the
Emergency Management in each county but each city or incorporated area must have a
~--- Mitigation and Recovery Plan. Johnson County contracted with ECCOG to write the
County's plan and with input fi:om us, and zoning and others including Pat Hamey that
plan is finally done. As each community works on their own miqsl~[i0n Md recovery
plans they can either work fi:om a boiler plate that is handed out, they can contract to
have COG help with the plan or our office can be of assistance. It should be relatively
easy to complete. To date Iowa City, Coralville and Tiffin have plans completed.
Others, including Lone Tree, have started the process. The reason for completing this is
that if there is ever a disaster event requiring FEMA assistance and there is not a plan in
place FEMA will hold back money. There are some grant monies and matching funds
available to complete this planning.
6. Discussion and Action by the Commission
a. Old Business
1. Recovery Plan - the Commission reviewed the Recovery Plan. The
motion was made by Hayslett to accept the Recovery Plan and a second
was made by Smith. There was no further discussion. Motion
approved.
2. Mitigation Plan - the Commission re,riewcd the Mitigation Plan. A
motion was made by Hayslett to accept the Mitigation Plan. The motion
was seconded by Smith. There was no further discussion. Motion
approved.
b. New Business
There was no new business.
7. Discussion by Commission Members
There was no discussion.
8. Discussion by General Public
There was no discussion.
9. Motion for adjournment
Smith moved that the meet'rog be adjourned at 8:10 pm. Seconded by Kinsinger.
Motion carried.
The next meeting of the Emergency Management Commission
Wednesday October 23, 2002 at 7:30 pm
PRELIMINARY/D
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY, OCTOBER 10, 2002 - 5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Michelle Robnett, Mark Anderson, Alan Ellis, Baron
Thrower
STAFF PRESENT: Sue Dulek, Ron O'Neil
CALL TO ORDER:
Chairperson Anderson called the meeting to order at 5:45 p.m.
APPROVAL OF MINUTES:
The minutes of the September 12, 2002, Commission meeting were approved, with three
corrections. On page five, second paragraph, under Chairperson's Report, the subcommittee
should have been listed as Mascari and Ellis. On page two, the fourth paragraph, the fourth line,
the sixth word should be 'leased.' On page two, the seventh paragraph, the fourth line, the first
word should be 'owes.'
AUTHORIZATION OF EXPENDITURES:
Mascari asked what the storm water management permit was for? O'Neil said that because all
airports are considered "industrial sites", a storm water management plan is required and a permit
from the DNR is required. Mascari made a motion to pay the bills. Robnett seconded the motion
and the motion passed 4 - 0, with Thrower being absent.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
No items were presented.
ITEMS FOR DISCUSSION/ACTION:
a. Aviation Commerce Park
1. October report Tracy Overton, from Iowa Realty, said his boss was out of town and
could not attend the meeting, as was requested at the last Commission meeting. Scott
Byers said he would be glad to meet at a special meeting or at the next Commission
meeting. Mascari said he wanted to meet with him either next week or next month.
Anderson said he would check his calendar to see when a special meeting could be
scheduled. He will contact O'Neil to schedule the meeting.
Overton said he is waiting for a response from the person that was interested in Lot #17.
He said he is waiting for a written counter proposal. (Thrower arrived at the meeting.)
Overton said there was an inquiry to purchasing Lots # 16 & 17. Overton said he always
discusses leasing when approached by a potential tenant. He said most everyone wants to
buy as opposed to lease.
2. Other issues - Mascari said he thought the Council/Commission subcommittee was going
to meet to discuss selling or leasing the lots. O'Neil said he has discussed this with the
City Manager and he is waiting for a response from the Mayor.
1
O'Neil said he discussed the ACP with FAA officials in Ames on Wednesday and one
recommendation was to move the southern boundary of the ACP to the 35 foot building
restriction line. The Compliance Officer from the FAA indicated that she wanted to have
the Airport maintain control of the property south of the 35 foot building restriction line
and would not recommend an assurance release to sell the property south of the building
restriction line. The FAA also wanted a different meets and bounds description. The
street would have to be taken out of the legal description. O'Neil asked the FAA if they
thought there would be any more requirements before a release would be considered? An
airspace study would have to be conducted for the property. This would be done by the
individual developers. The FAA would also like to review the covenants and restrictions.
The FAA said they would need a few weeks for the review.
O'Neil said there were other changes to the plat. The easement on the north property line
is to be reduced from 50 feet to 30 feet. The potential buyer for Lot #17 also wanted to
move the lot line between # 16 and # 17. Overton said he would recommend having a
firm offer before moving the lot line. O'Neil will work with MMS Consultants to update
the plat.
Anderson asked Dulek what was happening with the tenant on Lot #107 Dulek said she
sent a letter to Rob Nickols, giving him 10 days to get caught up with his rent or he
would be considered in default. Dulek said there was a problem with the address given in
the lease, so to be certain he received the notice, she also sent it to another address he had
given the Commission.
3. Council/Commission sale/lease agreement - O'Neil said he placed this on the agenda in
case the subcommittee had met and some action needed to be taken. He said the
agreement with the Council only covers leases and the agreement should also cover
details of what should happen if the property is sold. Mascari and Ellis are the ACP
subcommittee.
b. Environmental Assessment - Dick Blum, from H.R. Green, said the project is moving
forward. He said Green has been discussing Willow Creek with the Corps of Engineers. He
will need to get current water flow information to know how to size a culvert for Willow
Creek. It will need to flow through a culvert through the Obstacle Free Area. Blum said
they are coordinating their project with Stanley Engineering's Obstruction Removal project.
c. Obstruction removal project- Dean Beranek, from Stanley Engineering, provided the
Commission with information on where the obstructions are. He said there were two lists,
one with 160 obstructions and one with 140 obstructions. He said all the obstructions have
been platted on a 100-scale map. He said that before the next meeting, a final list and
location of the obstructions would be developed. Photographs will be taken of all
obstructions.
Ellis said this would help the Commission prioritize what obstructions to remove first. Cost
and difficulty to remove will be discussed.
d. Airport Layout Plan - Blum said he has been plotting the obstructions that are in the
Runway Protection Zones. He said he has completed the RPZ for Runway 25. Blum said
there is not a problem with the 34:1 slope but there are a lot of obstructions that affect the
50:1 slope. Mascari asked ifa 20:1 approach is needed for an ILS? Blum said a 50:1 slope,
which is a lot flatter approach, is needed for a precision approach. Blum said there would be
no problem going back to the 34:1 approach slope to get the ALP approved. Blum said he
would coordinate with Stanley to identify what obstructions are in the 50:1 slope.
2
e. Garnett lease - O'Neil said the tenant in hangar #34 would like to negotiate his lease now.
The current lease expires at the end of February 2003. He wanted a three-year lease. O'Neil
said Dulek advised additional default language be added to the lease in the packet. He
provided the Commission with a copy of the additional language.
Ellis asked why the same lease language used in the t-hangars could not be used for the
corporate hangar lease? Dulek said that because the corporate lease is for three years, there
should better default language.
Mascari said the insurance issue should be addressed. He said this is the same issue in the t-
hangars lease. Mascari said the City wants to be named additional insured. He said that
now the City wants the aircraft insurance to be the primary carrier. He said he feels the City
has shifted gears and is asking for something different than they originally wanted. He said
there is only one company that writes policies that make the aircraft insurance the primary
carrier.
Dulek said Mascari did not sign a lease that required his insurance carrier to be the primary
insurer of the premises. The requirements in the lease only require that the City be named as
an additional insured. John Ockenfels, a hangar tenant, said that he doesn't think the tenants
should have to insure the Airport's building. O'Neil said the Airport maintains hangar
keeper's liability.
Mascari said he would like to make a motion to accept the Gamett lease, with the stipulation
that the insurance language is acceptable. Ellis wanted to know why the snow removal was
changed from 5 feet to 2 feet? O'Neil said that the 5-foot limit was one of the things the t-
hangar tenants objected to and he would recommend it be changed in next year's lease.
Because the Gamett lease is for three years, O'Neil said he thought the change should be
included in this lease.
Robnett asked if the Risk Manager could meet with the Commission to explain the
insurance? Ellis said his had been done before. Dulek said she would discuss the insurance
with Erin Herting. Ellis said he thought the tenants have complied with the lease language
and the Commission should accept the certificates that have been provided.
O'Neil said the Garnett lease is for three years and the rent is increased at 2% per year.
Robnett said she would like to postpone approving the lease until the insurance is resolved.
Anderson said the issue would be tabled until the next meeting. Thrower said it would have
to be resolved with the Risk Manager on what is acceptable insurance. If there is an
impasse, the Mayor should be contacted. Mascari said the Council should be kept informed.
He said his experience was that discussions with the Mayor do not always get passed down
to the Council. He said that if things can not be worked out with the Risk Manager, the City
Manager should be involved. O'Neil said he is meeting with the City Manager on Friday
and he will discuss the insurance issue.
f. Jirsa lease - Jirsa Inc., doing business as Rock's Roadhouse, has a lease with the Airport
for property directly east of their restaurant. O'Neil reminded the Commission that this was
the Airport property that Jirsa paved without permission from the Airport. O'Neil said the
lease expires in December and O'Neil recommended not renewing the lease. Most of the
area leased will be needed for the intersection of Mormon Trek when it is extended south
next year. O'Neil said if the Commission wants to continue to lease to Rock's, it should be
on a month to month basis.
Robnett wanted to know if Rock's would be able to stay in business when Mormon Trek is
developed? O'Neil said he didn't know what they would do for parking. At least half of
3
their parking is on Airport property. Mascari said he thought they should be offered a one-
year lease. He didn't think the runway would be extended or Mormon Trek would be paved
for at least a year. O'Neil said it was his understanding that the Mormon Trek project was
scheduled to be bid in March of 2003, with construction to follow in the summer of 2003.
Mascari said he still thought the lease should be renewed.
Anderson said that Jirsa has not requested a new lease yet and he suggested this be put on
the agenda at a later date.
g. Contractor's Tool sign lease - O'Neil said Contractor's Tool would like to install a
business sign on a parcel of Airport property on South Gilbert Street. He said a copy of the
proposal was included in the Commission packet. If approved by the Commission,
Contractor's Tool would be required to do an airspace study before the Commission would
allow a sign to be constructed. City sign ordinances would have to be met.
Anderson asked O'Neil to contact a sign company to see what the value of the sign lease
would be. O'Neil will report at the next meeting.
h. Bulletin board policy - Flight planning room - O'Neil said he sent out e-mails to all
departments, asking for policies on public bulletin boards. Ellis said he thinks the Airport
should have a policy on what can be on the bulletin board. Thrower said he would make a
motion to adopt the policy that the Library has. Robnett said she didn't think that policy
would apply to the Airport. She didn't think time should be spent monitoring the bulletin
board. Thrower suggested voting on the motion. Ellis made a motion to adopt the Library's
policy, with modifications. Thrower seconded the motion. Mascari said he thought this was
an example of micro managing. He said he thought the Airport Manager should monitor the
bulletin board.
Anderson called for a vote of Ellis's motion. The motion failed, 1 4, with Ellis voting in
the affirmative. Ellis made a motion that the Airport Manager must approve anything posted
on the bulletin board. Thrower seconded the motion. The motion passed 3-2, with
Anderson and Mascari voting in the negative.
i. Building E, meeting room policy - Anderson said there was a proposed policy in the
packet. O'Neil said that the original policy for use of the room was similar to meeting
rooms in the Civic Center. There have been several requests to expand the use. O'Neil said
there is a question of securing the room for after hours use. There is also a question of the
cost for using the room.
Thrower said that if the use is expanded, the Commission must charge enough to cover the
expenses. O'Neil said that security is one of the main problems. Because the building is
shared with a private business, the Commission would be responsible to make sure the
building is locked up if a meeting lasts longer than the business hours of Jet Air. Ellis said
that the Commission would have to require a building security lock-up service.
Ron Duffe, from Jet Air, suggested installing security cameras. He said he has been in
airports that are open 24 hours a day, and some of the time, the building is unattended.
Mascari made a motion to open the room to the public, charging $ 50 for a four-hour block
of time. If the room is reserved for after 5:00 p.m., the fee from 5:00 p.m. to 9:00 p.m. is
$75. Robnett seconded the motion. There would be no fee for City-related or aviation uses.
Robnett said to charge $25 per hour for anything less than a 4-hour block.
There was a discussion concerning what should be charged for a cleaning deposit. Anderson
suggested Mascari and Robnett withdraw their motion and second and have O'Neil put
together a policy, based on the suggestions made by the Commission. Mascari and Robnett
withdrew their motions and this will be on the agenda for the November meeting.
j. FY 2004 preliminary budget - O'Neil presented the Commission with a preliminary
budget. Ellis asked about the capital improvement list. Ellis said he would include all of the
projects that were eliminated from the budget last year. Ellis said he would want to include
more for advertising. O'Neil said many of the budget numbers are generated from the FY
2002 actual numbers.
Ellis suggested budgeting $ 10,000 for a business consultant. He also wanted to add $
10,000 for strategic planning. Anderson suggested $2000 for engineering services. Ellis
wanted $ 650 added for corporate membership to AAAE. He said this would give all the
Commission members access to the services provided by the American Association of
Airport Executives.
Ellis asked what the line item was for Loss Reserve? O'Neil said that is for the deductible
that the insurance doesn't pay for. Ellis said he would like to add $ 30,000 for another
employee. Robnett said that the Commission would need to justify an additional employee
and that could be included in the business plan when it is completed.
Anderson asked about charges for local phone service? O'Neil said that was now included
in a different line item. Anderson asked about the transportation line item? O'Neil said that
is for transportation to conferences and for the Commission's annual meeting with the FAA.
Anderson asked about the large increase in the fire insurance? O'Neil said that is one of the
numbers generated by the Finance Department and they are anticipating a large increase in
premium costs. O'Neil said he fills out a survey for the Risk Manager every year and the
City goes out for bids on insurance.
Mascari asked about the budget number for permanent employees. He said he thought it
was high. O'Neil said that included both employees. Mascari also said he did not want to
participate in the vehicle replacement fund. Thrower asked O'Neil to explain the program.
O'Neil said that when a new piece of equipment is purchased, the Commission has to budget
for it. Once a piece of equipment is purchased, it is placed on a replacement schedule, with
money contributed every year for each piece of equipment. When the equipment is
replaced, money is available to purchase the new equipment.
O'Neil said that if the Commission did not want to participate, they should discuss this with
the City Manager or Council. If a piece of equipment needed to be replaced, it would have
to be budgeted for separately.
Mascari said four or five years ago, the Commission traded in a pick up truck. The only
problem with it was a little rust. He said they got nothing for it and spent $25,000 on a new
truck. Anderson asked O'Neil to explain what happened. O'Neil said that the truck traded
in was 10 years old, the radiator was falling out of it, the Commission received several
hundred dollars credit for the old truck and favorable bids allowed them to buy a $25,000
truck for under $15,000. Robnett suggested leasing equipment. Mascari said the City would
not let them lease equipment. He said he thought they had to trade at the end of the
amortization schedule.
O'Neil said equipment it not always traded in at the end of the amortization schedule if it is
still functional. He has had equipment that he has not traded or replaced, or has extended
5
the schedule. The Commission does not pay in to the fund after the time the vehicle is
originally scheduled to be replaced. Mascari said the Commission should not pay any more
into the replacement fund. The majority of the Commission said they should continue with
the replacement fund and review it when they are developing their business plan.
Thrower said he thought money should be budgeted to install a phone in the conference
room if they are going to rent the space to public groups. Robnett said a separate data line
would also be a good idea. Thrower said a fire extinguisher, in a case, should also be
installed. Thrower suggested installing some type of window coverings on the west
windows of the second floor. O'Neil said that blinds were not installed when the building
was renovated because they did not meet the historic design of the building. Mascari said it
will cost about $10,000 to install blinds.
Mascari said he wanted to drop the funding for the computer replacement fund. The rest of
the Commission agreed.
Mascari made a motion to present the budget as discussed. Ellis seconded the motion and it
passed 5 - 0.
k. Strategic planning - schedule - Ellis said the Commission should meet to discuss the plan.
He said the first step would be to define the vision and mission statements. He said the
timeline should be established for the plan. The next step would be to meet with the
members of the community that the Commission would like to invite to assist with the plan
development. The next meeting could be with airport users. Information should be
solicited from all the groups the Commission invited to attend. He said maybe the City
Manager and Council members should be invited to the first meeting.
Anderson said the Commission would need to go to the Council to request funding for a
consultant. O'Neil said the Commission might want to ask the City Manager's opinion on
what to do about funding for a consultant. Robnett said she would ask at the University if
there were someone that is willing to consult with the Commission on a strategic plan. Ellis
said the Commission's self-imposed deadline is February 1, 2003. Ellis will contact a
private company that does this sort of planning. He will get some dates and approximate
costs. Thrower suggested the City Manager might have an idea for a facilitator for the
project. Thrower and Robnett are the subcommittee and will coordinate the project.
CHAIRPERSON'S REPORT:
Anderson has asked Jet Air if they would add to their sign-in list to include who is using the
Airport. He said that might be information the Commission could report to Council. The
Commission discussed how they could share advertising the Airport services with Jet Air.
Anderson sent a letter to the Mayor, explaining that the budget problems at the Airport are
probably not going to go away until the property in the Aviation Commerce Park is leased or
sold. It could take several years.
COMMISSION MEMBERS' REPORTS:
Mascari said he has a transmitter at his office that broadcasts weather information. If a plane has
a specific type of receiver, it can receive the information. He is sharing the costs with the
manufacturer of the equipment.
ADMINISTRATIVE REPORT:
O'Neil said the CIP data sheets are due to the FAA by November 29, 2002. This is the
information the FAA uses to program projects at individual airports. O'Neil said he has reminded
H.R. Green Consultants that he will need the cost data for the relocation of Dane Road. Ifa grant
is received, that money will be coordinated with the Mormon Trek project. Ron Duffe, from Jet
Air, said he would like to have REIL on Runway 25.
O'Neil said he sent a memo to the City Manager, updating him on the status of some Airport
projects. A copy of the memo was in the Commission packet.
O'Neil said he would begin the selection process for the engineering firm for the Vertical
Infrastructure Program project.
There was a memo in the packet to Double Check, discussing their final payment. Mascari asked
if someone from Double Check could be at the next meeting? O'Neil said he would ask.
The Airport Zoning Ordinance will be discussed by the City Council on October 21 and October
22. Robnett and Thrower will be at the October 22 meeting.
O'Neil provided the Commission with a copy of the DOT proposed spending bill. O'Neil said
them would not be any grants offered until Congress passes the Department of Transportation
spending authorization.
O'Neil said that there are five t-hangar tenants that have not replied to the lease letter. He will
send follow-up letters.
O'Neil said he received a letter from the DNR, stating that "no further action" is required for the
old fuel tank site. This means the site is closed.
Thrower suggested the Commission have a single spokesperson for dealing with the media and
have information available for the spokesperson to be able to give accurate, concise answers.
Mascari will work with Thrower on working on responses to the media. The Airport Manager is
the spokesperson.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for November 14, 2002,at 5:45 p.m.
ADJOURNMENT:
Thc meeting was adjourned at 9:40 p.m.
Mark Anderson, Chairperson
MINUTES ~
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, SEPTEMBER 11, 2002 - 5:00 P.M. PRELIMINARY/DRAFT
civic CENTER - COUNCIL CHAMBERS
MEMBERS PRESENT: T.J. Brandt, Eric Gidal, Vince Maurer, Mike Paul, Dennis Keitel
(5:13 pm)
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, John Adam, Sarah Holecek
OTHERS PRESENT: Greg Duffey, Chris Hayes
CALL TO ORDER:
Chairperson Brandt called the meeting to order at 5:05 P.M.
ROLL CALL:
Paul, Gidal, Brandt, Maurer present. Keitel arrived at 5:13 p.m.
CONSIDERATION OF THE AUGUST 14, 2002 and AUGUST 21, 2002 BOARD MINUTES:
Motion: Maurer moved to approve the August 14, 2002 and August 21, 2002 minutes.
Gidal seconded. Motion carried 4-0.
SPECIAL EXCEPTIONS:
EXC02-00015. Discussion of an application submitted by Mainstreet Partners for a special
exception to allow dwelling units above a ground floor commercial use in a Community
Commercial (CC-2) zone at 520-522 S. Gilbert Street. [DEFERRED at request of applicant]
Paul moved that this item be deferred at this time. Gidal seconded. Motion carried 4-0.
VARIANCES:
VAR02-00002. Public hearing regarding an application submitted by S&M Properties for a
variance from the zoning ordinance to allow more than three free-standing signs along one
frontage of a single tract in a Community Commercial (CC-2) zone at 1570 First Avenue.
[DEFERRED at request of applicant]
Paul moved that this item be deferred at this time. Gidal seconded. Motion carried 4-0.
SPECIAL EXCEPTIONS:
EXC02-00014. Discussion of an application submitted by Regina Catholic Education Center for
a special exception to permit the expansion of a religious institution in the Low~Density Single-
Family Residential (RS-5) zone located at 2140 Rochester Avenue.
Brandt recused himself from consideration because he is a current member of the Regina Board
of Education. Vice-Chairman Mike Paul took over the meeting.
Miklo stated that Regina has applied for an exception to allow expansion of an existing school in
a Iow-density single-family RS-5 zone at Rochester and First Avenue. He said the Zoning C. ode
Iowa City Board of Adjustment Minutes
September 11,2002
Page 2
requires this to be reviewed as a special exception due to its location in a residential
neighborhood. He said that the Board should consider things such as traffic, parking, building
design, scale of building and infrastructure needs.
Miklo said the proposed addition is approximately 15,400 square feet, and will include four
classrooms, a cafeteria, multi-purpose room and restrooms. He said that the plan shows the
addition of 47 parking spaces and an additional area that would accommodate up to 50 spaces
at a later date. He said that these spaces would not necessarily be constructed at this time.
Miklo said the applicant requests an exception for a period of two years rather than the general
six-month requirement. He said this will allow Regina to obtain funding necessary to complete
the project. Miklo said the Board does have the ability to grant a longer term special exception,
and staff sees no reason not to do so.
Miklo said that the Board should consider the specific standards for a religious institution in the
RS-5 zone. The first standard, vehicular access, requires that a religious institution be on a
collector street or arterial street. He said this standard assures that traffic is appropriately
handled for an institutional use. He said Regina has two driveways onto Rochester Avenue, an
arterial street. He stated the property is near the intersection with First Avenue, which is also an
arterial street.
Miklo said the second specific standard is a requirement that a religious institution be on a lot of
a minimum of 40,000 sq. ft., which is intended to provide appropriate buffering from lower
density residential uses. He said the property is 41 acres in size, well over the minimum
required. He said the proposed parking lot will not be highly visible from adjacent residential
areas.
Miklo said the third standard requires that buildings be set back a minimum of two feet for every
one foot in height, to assure that large institutional buildings do not cast shadows or overwhelm
nearby residences. He said the proposed one-story building will be set back far in excess of the
requirement.
Miklo outlined the general standards that are to be addressed. He stated that the applicant
includes statements regarding these general standards. Staff believes that the existing access
to Rochester Avenue is adequate to provide ingress and egress for the existing school and the
proposed expansion. He said the applicant mentioned the possibility of an additional driveway
going back to First Avenue. He said that this proposed drive would require review under the
Sensitive Areas ordinance and cannot be approved as part of the special exception at this time.
Miklo said the Fire Marshall has identified the need for emergency vehicle access adjacent to
the new addition, and it will need to be shown on the plan at the time of site plan approval. He
pointed out that the plan as submitted to the Board is not exactly as will be built due to this
requirement.
Miklo said the City received a letter today from Bill Onan, who raises several concerns regarding
the special exception. Miklo said that staff believes those concerns have been addressed in the
written staff report and in the written application.
Miklo said that staff recommends that EXC02-00014, a special exception for the expansion of a
religious institution including an approximately 15,400-square-foot addition, and a parking area
including future parking area shown on the site plan, in the Low Density Single-Family
Residential Zone located at 2140 Rochester Avenue, be approved for a period of two years
subject to general conformance with the site plan submitted August 14, 2002. Miklo pointed out
that there will be some revisions to the site plan to reflect the emergency driveway.
Iowa City Board of Adjustment Minutes
September 11, 2002
Page 3
Paul announced that Dennis Keitel joined the Board at 5:13 p.m.
Miklo said that the applicant has indicated there are some issues that need to be worked out
with regard to an easement with the adjacent property owner, and the proposed driveway to
First Avenue may never be made. He clarified that it is not being considered as part of this
special exception.
Gidal asked if the Board should address the question of screening for the residential properties.
Miklo said staff feels it is not a concern given the distance. He said there is a general zoning
requirement that a parking lot more than 18 spaces has to be screened from view of adjacent
residential properties, so the building official will address that at time of site plan review.
Public Hearing Opened
Greg Duffey identified himself as a Board Member at Regina and the Chair of the Building and
Grounds Committee. He said that this will be an improvement to the school for the kids.
In response to a question from Maurer, Duffey said they are trying to raise $1.6 million for the
construction. He said they wilt also need to borrow money. He said that the diocese has notified
them they need to have 60% cash in hand before they can start, which is why they are asking
for a two year exception. He said they would like to start next spring.
In response to a question from Keitel, Duffey said that they would like to increase the parking lot
this fall, replacing the spaces that will be lost due to construction.
Keitel stated that it was his belief the drive onto First Avenue would not occur. In addition, he
said he wanted staff to be aware that a stormwater detention basin was constructed near the
corner of the area they have shown as part of future parking. He said that if future parking was
done, that detention basin would need to be retained. Miklo said that their engineers have
already identified that as a potential issue.
Public Hearing Closed
Motion: Maurer moved to approve EXC02-00014, a special exception for expansion of a
religious use including an approximate 15,400-foot addition and a parking area including
future parking, in the Low-Density Single-Family Residential, RS-5, Zone at 2140
Rochester Avenue, for a period of two years subject to general conformance with the site
plan submitted August 14, 2002. Seconded by Keitel.
Findinqs of Fact
Maurer stated that the staff recommendation makes sense, there is plenty of land and
everything appears to be in order, so he will vote in favor.
Keitel said he will vote in favor. He said that he believes they are all on board with the issues
that will come up.
Gidal said he will vote to approve. He said they seem to have met all the specific and general
standards and there doesn't seem to be any point of contention. He said the issues brought up
in the letter submitted to them seem to be answered by the staff report.
Paul said he would vote in favor. He said the specific standards have been met, especially with
regard to access to arterial or collector streets, having them wider than 28 feet. He said the
Iowa City Board of Adjustment Minutes
September 11,2002
Page 4
minimum lot area has been met easily; minimum setback has been met as well. He stated the
general standards, in particular as far as the adequate infrastructure have been met, as well as
the proposed parking, and egress and ingress.
The motion passed 4-0.
Chairman Brandt rejoined the meeting.
EXC02-00016. Discussion of an application submitted by Chris Hayes for a special exception to
allow a business for auto and truck accessory sales and installations in a Community
Commercial (CC-2) zone at 620 South Riverside Drive.
Adam stated that the applicant wants to open a shop for accessory items to motor vehicles. He
said this property is situated between two existing auto repair businesses and the property is
currently vacant. He said a special exception is required to establish an auto- and truck-oriented
use in a community commercial zone. He said there are no specific standards listed for this use,
but the application meets all the general dimensional provisions and requirements of the zone.
Adam said that, according to the applicant, he will be doing no manufacturing; there will be no
hazardous waste produced; it is going to be a relatively quiet operation. He said the applicant
proposes to display truck toppers in the front yard of the property, with one or two display racks.
He said the racks are approximately 10 feet high and 18 or 24 feet wide, holding up to eight
toppers each.
Adam said the Southwest District Plan states that one of the goals for Riverside Drive is to take
aesthetics and landscaping into consideration when allowing the establishment of auto- and
truck-oriented uses, with an emphasis on creating a more attractive commercial corridor. He
said reasonable conditions should be imposed to achieve this goal. He said there is only one
primary sign allowed for that frontage, so it seems reasonable to impose further conditions on
alternative forms of signage such as display of toppers.
Adam said the building is set back 145 feet from the right-of-way, so there is sufficient room to
set the displays so far back. He said that staff feels that enough clearance should be maintained
around the racks so the applicant can maintain landscaping around them, that the racks should
be secured so they don't pose a hazard, and that additional landscaping beyond that normally
required in the form of shrubs and bushes in a 9-foot-wide planting strip along 60% of the
frontage should be added along the sidewalk to create a more attractive street presence.
Adam said the Iowa River Corridor Trail passes through this property in the back, and is a public
way. He said the applicant's property in the back has about a 20-foot-wide weedy patch. He
said staff recommends that he plants a landscape strip no less than 15' wide along the fence
containing opaque plant material, to better demarcate the Trail, separate the parking lot from the
Trail and also to shield the structure.
Adam said it does not seem there will be intense use of the property for the business, and it
should not adversely impact any of the businesses on either side, both of which are auto repair
businesses. He said even if those properties redevelop, it does not look like the applicant is
causing any negative externalities.
Adam said the applicant has informed staff that the existing structure meets his needs with
minor interior modification. The parking lot is in poor condition, but sufficient by current
standards, and the applicant has plans to repair it himself sometime in the next few years.
iowa City Board of Adjustment Minutes
September 11, 2002
Page 5
Adam said the existing entryway onto Riverside Drive will be utilized. He said staff looked at the
possibility of utilizing adjoining property entryways, but there is a major grade difference and
other issues to hinder that option.
Adam said that, except as noted, the proposed exception conforms to the regulations and
standards of the CC zone. He said the Southwest District Plan calls for greater scrutiny in the
establishment of more auto- and truck-oriented uses in the S. Riverside Dr. commercial area.
He said the proposed use does not have to be inconsistent with the goals of that plan as long as
adequate conditions are mandated to address the aesthetic concerns.
Adam said staff is recommending the approval of EXC02-00016, an application for a special
exception to establish an auto- and truck-oriented use in a Community Commercial (CC-2) zone
at 620 South Riverside Drive subject to the following conditions:
1. displays shall be set back at least 40 feet from the sidewalk;
2. enough clearance is retained between displays and permanent structures to allow for
landscape maintenance;
3. the business' sign is placed no closer to the street right-of-way than shown on the site
plan file-dated 02 August 15;
4. a landscaped strip no less than 9 feet wide and covering at least 60% of the frontage is
planted along the sidewalk and shall contain shrubs and bushes no less than 3 feet in
height when mature;
5. a planting bed no less than 15 feet wide shall be provided along the length of the
property line adjacent to the Iowa River Corridor Trail and shall be planted with opaque
plant material sufficient to mitigate views of the parking lot and HVAC equipment;
6. in relation to the above conditions, a minor site plan showing the locations and
dimensions of display areas, signage and planting beds shall be prepared and include a
list of proposed landscaping plants and materials and will be subject to approval by the
Director of Planning in addition to Housing & Inspection Services approval.
Maurer asked why, if this is an auto and truck area already, there is a special exception
required. Adam said that at least two of those properties were grandfathered in. He said that the
CC-2 zone does not by permit auto- and truck-oriented uses by right, but there has been no
reason so far to deny establishment of those in this area. He said that they would like to see
different uses in the future, but as it stands right now, the area is auto and truck oriented.
Miklo added that part of the reason for the special exception is to look at things such as
landscaping, so the Board can put conditions on the exception to make it fit into the character
the City is trying to create on Riverside Drive.
Public Hearinq Opened
None
Public Hearinq Closed
Motion: Gidal moved to approve EXC02-00016, an application for a special exception to
establish an auto- and truck-oriented use in a Community Commercial (CC-2) zone at 620
South Riverside Drive subject to the following conditions:
1. displays shall be set back at least 40 feet from the sidewalk;
2. enough clearance is retained between displays and permanent structures to allow
for landscape maintenance;
3. the business' sign is placed no closer to the street right-of-way than shown on the
site plan file-dated 02 August 15;
Iowa City Board of Adjustment Minutes
September 11,2002
Page 6
4. a landscaped strip no less than 9 feet wide and covering at least 60% of the
frontage is planted along the sidewalk and shall contain shrubs and bushes no
less than 3 feet in height when mature;
5. a planting bed no less than 15 feet wide shall be provided along the length of the
property line adJacent to the Iowa River Corridor Trail and shall be planted with
opaque plant material sufficient to mitigate views of the parking lot and HVAC
equipment;
6. in relation to the above conditions, a minor site plan showing the locations and
dimensions of display areas, signage and planting beds shall be prepared and
include a list of proposed landscaping plants and materials and will be subject to
approval by the Director of Planning in addition to Housing & Inspection Services
approval. The motion was seconded by Paul.
Findinqs of Fact
Paul stated he will vote in favor of the exception. He said there are no specific standards to
meet; the application meets the general standards: 1) it is not detrimental or an endangerment
to the public health, safety or general welfare; 2) it will not be injurious to the use or enjoyment
of other properties and in the immediate vicinity, and will not diminish property values in that
neighborhood; 3) it will not impede the normal and orderly development or improvement of the
surrounding property; 4) adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided; 5) ingress and egress is not a problem; 6) the application
does conform to the applicable regulations or standards of the zone; and 7) the proposal will be
consistent with the Comprehensive Plan.
Gidal said he will vote in favor, particularly with the staff recommendations which seem to speak
to general standard #7 regarding the Comprehensive Plan and seem to be in line with trying to
make that area more aesthetically pleasing.
Brandt stated he will vote in favor of the exception for the reasons stated by his colleagues. He
feels that anything they can do along that corridor to beautify the neighborhood would be an
added bonus to the City.
Keitel said he wil~ vote in favor for the reason stated.
Unrelated to this application, Keitel referred to the photograph of the Budget used car lot. He
said it was his understanding the Board approved a special exception for them with some
specific landscaping standards. He said Karen Howard stated a few months ago that the
applicant had been told they had to bring it into compliance, but it still has not been done. He
asked that the City staff follow up on that. Miklo stated they reviewed the question when they
were looking at this street recently. He said his understanding was that the applicant would be
left to do the landscaping, and the Board did not put specific standards on it. Paul said that the
applicant agreed to do something but has done nothing. Holecek stated staff would look into it
and get back to the Board.
Maurer stated he assumes the applicant is willing to go along with the six contingencies.
Chris Hayes, the applicant, had just arrived and identified himself as the applicant. He reviewed
the contingencies on page 4 of the staff report and said he did not see anything that could not
be abided by. He said he looked at what they had to work with. He asked if the Board requires
something in writing as to when he would accomplish this work. Keitel stated that staff follows
through on that.
Maurer said he would vote in favor for the reasons given by his colleagues.
Iowa City Board of Adjustment Minutes
September 11, 2002
Page 7
The motion passed on a vote of 5-0.
EXC01-00028. Discussion of a request by Austin Chamberlain for the extension of an expired
special exception for the reduction of the side yard setback requirement for property at 417
Ferson Avenue.
Brandt stated that based on the letter received from the other neighbor, it looks like the problem
has been resolved. Adam stated that the neighbor gave the easement agreement for review, but
nothing has happened as yet because the owner of the property is still out of the country. Adam
said staff recommends that an extension be granted until January 15, 2003 because the father
is due back in December. He said he received the easement agreement by e-mail today
showing they are trying to show progress toward meeting the items that were set by the Board.
Keitel asked if David Chamberlain were unavailable for communication. Adam said he did not
understand the full situation, but felt that they wanted face-to-face discussion. Paul asked if the
application was filed by Austin Chamberlain or his father, the property owner. Adam said that
the original application was filed by Austin Chamberlain. Holecek said that the easement
agreement would require the owner's participation, but the City does allow applicants to be
potential contract purchasers, persons who may have a purchase agreement, etc. She said
typically it would involve the property owner as well as the person-at-interest.
Paul said the issue was more than a little contentious at the time and he felt they should try to
get it resolved quickly. Holecek said the issue is whether Austin Chamberlain must tear down
the garage or be given a special exception to encroach into the side yard. She said the real
property rights of the persons involved were at issue as well. Brandt said it was his
understanding that if the special exception is not granted, he will be forced to take down the
garage. Holecek said that, retro to the expiration of the special exception, he would be in
violation of the zoning ordinance for encroaching in the side yard.
Maurer said his understanding was the original garage was not at issue, even though it is on the
property line; the extension on the back is what the Board is talking about. Brandt said that it
was a carport originally, and the applicant enclosed it into a garage. There was also an issue of
drainage. Holecek said that the neighbor did say it was an improvement to the neighborhood to
enclose the carport. She said her recommendation would be that to give the parties another six
more months before the City starts to pursue the undoing of the improvements might be
worthwhile to allow the parties to work the issues out.
Paul asked if it was known how Mr. Handel feels about extending this application. Adam said
the only contact from him was regarding the easement, and it does not say anything about how
he feels about an extension.
Adam said that the face-to-face negotiations necessary--considering some of the conditions of
the easement agreement--is probably what had made it difficult to work out the issues.
Brandt stated that in the interest of justice, he would prefer to give the extension. Adam clarified
that the extension has to be retrograde to the 14th of August, through January 15, 2003. He
stated that the applicant came to the Board the day before the expiration on August 14 with a
letter requesting the extension. It was pointed out that February 14, 2003 would be six months
from the expiration date of the original special exception.
Motion: Keitel moved that the Board grant EXC01-00028, a request for a six-month
extension for the special exception which expired on the 14th of August, 2002, for the
property at 417 Ferson Avenue, to February 14, 2003. Maurer seconded.
Iowa City Board of Adjustment Minutes
September 11,2002
Page 8
The motion passed, 5-0.
Holecek stated that the minutes should reflect a strong signal that if, after that time, they have
not worked this out, there may be a larger issue to deal with. Brandt stated that the extension of
EXC01-00028 has been granted through February 14, 2003, at which time if an amicable
solution has not been reached by both parties, legal actions will be set forth by the City.
BOARD OF ADJUSTMENT INFORMATION
None.
ADJOURNMENT
Maurer moved to adjourn, seconded by Gidal. The meeting adjourned at 5:58 PM.
Board Chairperson Board Secretary
Minutes submitted by Neana Saylor
shared on c~tyn[/pcd/rr* nutes/boa/boa09-11-02 doc
Iowa .
Publl{ Library
f4INUTES
t'OWA CITY PUBLIC Lt'BRARY BOARD OF TRUSTEES
REGULAR MEETING
THURSDAY, September 26, 2002
5:00 PN - 2"d floor Conference Room
Members Present: Linda Dellsperger, Shaner Magalh~tes, Lisa Parker, Linda Prybil, Pat Schnack,
Tom Suter, Jim Swaim, David VanDusseldorp, Jesse Singerman
Members Absent:
StaffPresent: 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:
MagalhSes 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 l 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 propose
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. Magalh~es suggested that
the two trustees appointed to the Foundation have a stand'mg 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 t~om 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 endo~vment fund for money spent on the campaign. In response to another
question, Curtin replied that this budget represents the fundraising 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 girls 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 opportunity 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. Staffis 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 mtumed
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 soft~vare 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 library 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,
them 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: Conununity & 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
1U-24-L; ~
D RAFT/P R ELI MllqA-RI'
Iowa City
Public'Library
HINUTES
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
SPECIAL MEE'I1NG
THURSDAY, October 17, 2002
5:00 PM - 2® floor Conference Room
Members Present: Linda Dellsperger, Shaner Magalh~es, Lisa Parker, Linda Prybil, Pat
Schnack, Jim Swaim
Staff Present: Susan Craig, Madha Lubaroff
Others: Joel Miller, Building Project Coordinator
.CALL TO ORDER:
The meeting was called to order at 5:00 pm
AGENDA ITEM
The only item on this special meeting agenda was awarding the contract for the cabling project. The
public hearing was held in August. It was recommended that we not award the contract at our
September meeting, clarify some matters and call a special meeting to award a bid.
Miller presented the Board with a memorandum from Ann Lewis, our telecommunications consultant
in which she detailed her recommendations for documentation from our Iow bidder. He also
included a spread sheet which detailed the documentation received from Cable Tech, Inc. as well
as the other vendors who submitted bids.
Cable Tech, the apparent Iow bidder, had left out a significant piece of equipment. They were not
allowed to change their bid, but decided to proceed at the original quote. Their references were
good and Miller recommended that the Board award the contract to them.
Swaim moved to award the contract to Cable Tech, Inc. Dellsperger seconded the motion.
There was some discussion. Parker called for the vote. Motion passed unanimously.
ADJOURNMENT
Meeting was adjourned at 5:10 pm
Minutes taken by
Martha Lubaroff
PRELIMINARY/DRAFTE
MINUTES
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 CoraIville 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 PATV Board meeting on behalf of the Commission.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMERISSUES
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, I 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 suppod for the cable
modem service being down, and 1 that subscribers need to pay for channets 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 OFIOWA REPORT
No representative was present. Pusack said that the University is proceeding with efforts to expand
programming on the University channel.
PATVREPORT
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.
KIRKYVOOD 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 ~rocess. 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
MINUTES PRELIMINARY/DR
PLANNING AND ZONING COMMISSION
OCTOBER 17, 2002
EMMA J. HARVAT HALL
MEMBERS PRESENT: Don Anciaux, Ann Freerks, Ann Bovbjerg, Beth Koppes, Benjamin Chair
MEMBERS ABSENT: Jerry Hansen, Dean Shannon
STAFF PRESENT: Bob Miklo, Mitch Behr
OTHERS PRESENT: Lori Klockau, Steven Nelson, Judith Klink
CALL TO ORDER:
Bovbjerg called the meeting to order at 7:37 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 the ten current vacancies on various City boards and commissions
was posted in the outer lobby. She encouraged members of the audience to volunteer to serve
on a board or commission.
RECOMMENDATIONS TO COUNCIL:
Recommended, by a vote of 5-0, to approve amendments to the Zoning Code, Sensitive Areas
Ordinance, regarding requirements for Sensitive Areas Overlay Rezoning and Sensitive Areas
Site Plans.
Recommended by a vote of 5-0, that signage made of durable plasticized cardboard in a metal
frame notifying the public of an application be placed on a property immediately upon receipt of
an application for a sensitive areas site plan.
CODE ITEM:
Discussion of amendments to the Zonin,q Code, Sensitive Areas Ordinance, regarding
requirements for Sensitive Areas Overlay Rezoning and Sensitive Areas Site Plans. The
amendment will generally require approval of a Sensitive Areas Site Plan by staff unless an
applicant seeks modification of a Sensitive Areas Buffer or seeks a modification of other zoning
requirements.
Miklo said a full Staff Report Was presented at the September 19, 2002 meeting. In review, the
City Council had asked the Commission to consider amendments to the Sensitive Areas
Ordinance (SAO) that would result in applications being reviewed administratively by Staff
rather than requiring a rezoning process which included a review by the Commission and the
Council. That had also been a recommendation in the Development Regulation Analysis
prepared by the City's former consultant, Duncan and Associates.
Miklo said currently the SAO was a two-tier process depending on the nature of a sensitive area
on a property. The first tier required only a site plan review at the Staff level so that if a property
contained one of the environmental features at the time a building permit or subdivision was
applied for, Staff reviewed it according to the guidelines and requirements in the SAO to make
Planning and Zoning Commission Minutes
October 17, 2002
Page 2
sure that it met those requirements and guidelines. The environmental conditions which fell
under that site plan review were properties that contained hydric soils, prairie remnants (one
acre or larger), stream corridors, archeological sites, steep slopes (18-24%) or woodlands (two
acres or larger).
Miklo said the second tier involved the rezoning process. It required the submittal of a plan
which required review not only by Staff, but also by the Commission and by City Council.
Sensitive areas which fell under the second tier were properties which contained wetlands,
critical slopes (25-39%), protected slopes (40%+), wetlands and woodlands located on sites
which also contained stream corridors.
Miklo said a number of developers and the Council had expressed concern about the length of
time the review process took. A Rezoning Overlay process took approximately four months from
the time the application was filed until the time it was either approved, denied or some action
was taken on it. Miklo said that time frame was required even when the property complied with
all the guidelines/requirements of the SAC and no waivers of the underlying zoning
requirements were requested. In comparison the Site Plan process could take as little as three
weeks, but often took longer. Since the SAC had been adopted in 1996, approximately 20
properties had gone before the Commission/Council under the second tier more extensive
review process. Approximately 70 properties had been reviewed as site plans by Staff.
Miklo said Staff had prepared amendments which would make the review administrative by Staff
and would put most properties in the first tier of review. There would also be situations where
Staff felt it would still be appropriate to have the Commission and the Council review the
development. Miklo said the rational for the amendment for moving more properties into the first
tier was that in some cases if there were clear guidelines/requirements and there was no
discretion allowed on the pad of the Council or the Commission, such as with a typical rezoning,
Staff felt it was more appropriate for Staff to review those because they were a cut and dried
matter. However, where there was some subjectivity and the property owner was seeking some
relief from the Ordinance, such as a waiver of a buffer requirement, Staff felt those cases should
be directed to the Commission and the Council.
The proposed amendment basically required that a SAC rezoning would still be required if a
property owner wished to modify a required buffer. Miklo said the buffers which were currently in
the ordinance would not change. A second condition which would require review by the
Commission and the Council was a disturbance of more than 35% of critical slopes on a
property. Recently this type of case had been seen on First Avenue when the amount of slope
disturbance was between 40-50%. If the proposed slope disturbance was less than 35%, then
the review would be done by Staff. A third condition which would require rezoning would be the
removal of more than the percentage of trees required for the preservation of a woodland. The
Ordinance as it was currently structured varied the retention requirements for different zones
and also allowed those percentages to be reduced for the installation of essential requirements
such as roadways. If they were reduced, the developer had to plant trees to replace those which
were removed. Staff suggested that as long as the percentages met those which were specified
in the Ordinance, it should be a Site Plan which would be verified by Staff. If the developer
requested to remove more than those percentages, that would need to be reviewed by the
Commission and City Council. A fourth condition which would require review by the Commission
and Council would be the disturbance of more than 10% of a protected feature or buffer for the
installation of a utility. Currently the Ordinance allowed for the installation of sewer and water,
gas and electric lines through buffers and protected areas in order to bring utilities to the site.
Miklo said the Ordinance recognized that those were essential needs for the development.
Current Ordinance language said, "The disruption should be minimized and the area should be
restored back to its previous condition after the utilities are installed." Miklo said Staff suggested
that there should be a cap of 10% of the buffer or sensitive feature that could be disturbed
Planning and Zoning Commission Minutes
October 17, 2002
Page 3
before an overlay zone would be required. Other conditions which would require a review by
Council and the Commission were development plans which requested to modify dimensional
requirements such as height limits, set backs, etc.
Miklo said after working with the Ordinance for six years, Staff felt that there were some areas
which could be improved and the Ordinance streamlined in the manner outlined in the proposed
amendments. The guidelines in the Ordinance were not changing and it would still be possible
for Staff to assure that the intent of the Ordinance was being met when they reviewed site plans.
For those properties which contained the conditions noted in the Staff Report or some relief of
the Ordinance requirements were being sought by a developer in which discretion was required,
those would still go before the Commission and City Council.
Miklo said Staff recommended approval of the suggested amendments to the Sensitive Areas
Ordinance as proposed in the Staff Report.
Miklo said questions which had arisen in previous meetings were, "How many Sensitive Areas
Development plans were recommended for denial by the Commission and were denied by the
Council?" He said there had been none that were recommended for denial. Another question
had been, "Generally how much of a critical slope had been disturbed in previous applications?"
Miklo said that had varied quite a bit. Most had been under 10%-20%. A few had been more
than the suggested 35% which included those recently reviewed on Riverside Drive.
Bovbjerg asked if when Staff were doing a review and they felt something should be forwarded
on to the Commission, was there any discretion for Staff to make that decision? Miklo said no,
not as the amendments were currently drafted. In the current Ordinance generally there was no
Staff discretion either. If a proposal met some of the requirements it was a Site Plan, if it did not,
it was a Zoning Review. Miklo said a concern about leaving a lot of discretion to Staff with
regard to forwarding an item to the Commission was that Staff not be arbitrary, that everyone be
treated equally. Everyone going into the process would know what the rules were and what was
expected.
Bovbjerg asked if it was possible that a plan would go to the Commission for some other reason
but would already be under a SAO review by Staff. Miklo said that could happen. He said as
many as one-third of the SAO Development Plans that had been reviewed by the Commission
would have been reviewed as rezonings anyway due to the developer wanting to increase the
density of the development or change a zone from one to another. With a traditional rezoning,
the Commission had a lot more discretion and could look at almost anything they wanted, as
long as they were not arbitrary and capricious. They would have the opportunity to look at other
issues as part of the zoning consideration.
Bovberg asked as the process went forward and perhaps went only to Staff review, did Staff feel
there might be any weakening or degradation of the environmental protection as the
Commission had wanted it to be strong. Miklo said he did not believe so. There were guidelines
in the Ordinance and Staff would be diligent about enforcing those guidelines. One of the things
that Staff wished to see in the future, when the Code was re-written, would be more clear cut
requirements such as caps on disturbance rather than the current vague language of the
Ordinance. Those changes would take out as much discretion as possible and make it as black
and white as possible.
Bovbjerg asked Miklo if he felt that with the almost seven years that Staff had been working with
the Ordinance, would that provide them with enough history and to write minimums, guidelines
and procedures, and maintain the intent of the Ordinance? Miklo said there were currently
guidelines in the Ordinance. In the future, Staff might go back before the Commission to try to
clarify the guidelines where Staff felt there was a lot of discretion, but that was a different matter.
Planning and Zoning Commission Minutes
October 17, 2002
Page 4
Public discussion was opened.
Lori Klockaq, 1031 Briar Drive, said she lives directly north of the area called Sand Hill Estates.
The sand prairie is located approximately one-half of a mile directly behind her home. Klockau
said her concern about the SAO was that if an area such as a prairie remnant was not currently
on the Sensitive Areas map, there was no procedure in the Ordinance to put it on the map. She
said the area directly south of her home is inhabited by a threatened species protected by State
law, has untilled prairie soils and plants, wooded areas and steep slopes and it is not on the
Sensitive Areas map. Klockau said her group has approached the Commission, the City
Attorney and numerous entities but no one can tell them how to get the area identified on the
Map. She said all they have been told is as citizens they have the prerogative to go forward to
do a rezoning, yet no one can tell them how. Klockau said if the SAO is lacking something that
is glaringly obvious, it is that. Klockau asked how can something that meets all the criteria be
put on the Map, when it is not currently identified on the Map.
Klockau said the SAO talked about protecting preservation of habitats for plants, fish, reptiles,
and other wildlife in hydric soils, but why just hydric soils. Different kinds of environments
provided very specific habitats for plants and certain kinds of animals. Prairie soils and
woodlands were other types. Why was protection/consideration given to only one type of soil in
the SAO?
Klockau said if a developer wanted to develop an area that was not on the SAO map, but it had
steep slopes for instance, what would the procedure be? Miklo said under the current structure
of the SAO, if the property had steep slopes but they were not shown on the Map and a
topographic survey revealed the existence of steep slopes, the developer would be subject to
the steep slopes section of the SAO. The SAO was written slightly differently for prairie
remnants. It said what was protected were prairie remnants that were shown on the Map. Miklo
said the issues Klockau was discussing were valid issues and concerns, but the amendments
being considered did not pertain to those issues. They could be reviewed as part of the larger
Code review process.
KIockau said the amendment before the Commission was an important one, but without
including the things she was talking about, the SAO was a toothless tiger. When new situations
arose it left groups hamstrung to be able to do anything about it.
Klockau said there was a guideline for steep slopes in the SAO. For woodlands who went out
and counted the trees? She said she felt the area behind her home fell under that criteria, but
no one had ever done a count. Klockau asked how did a person get the SAO to apply to
anything or to any area that was not on the Map for anything other than slope? Miklo said the
SAO required that at the time of a development proposal, if there were woodlands that they and
their extent be shown. A calculation would be done to see if they met the two-acre minimum
requirement which would kick in the requirements of the SAO. It was a simple thing to establish
based on arterial photographs.
Freerks asked Miklo to provide a history of the SAO map. Miklo said the SAO map was
prepared in the early 1990's by an environmental consulting firm from Waterloo. It was based on
information received from the Soil Conservation Service, environmental groups, from aerial
photographs which showed forest or woodland, topographic maps which showed many of the
steep, critical and protected slopes in the City but not all of them, and known prairies which
were provided by a botanist in town but it was not know where all the prairies in town were.
Those were mapped to give Staff a basis to start planning for environmental protection. Based
on that map, the Council had asked that an ordinance be drafted to address the environmentally
sensitive features. That was done and the SAO was structured such that it required the properly
Planning and Zoning Commission Minutes
October 17, 2002
Page 5
owner to illustrate all known sensitive features on the property. An engineer certified what was
present on the property. Other features, such as wetlands and prairie remnants were more
difficult to define. That took additional research or study. With wetlands, soil scientists could do
an analysis fairly readily, but with prairies it was more difficult and the expertise was not as wide
spread in that area. It also required access to a property, which in the case Klockau was
referring to, the City did not have access to the property.
KIocka said if the City boundaries grow, there was no procedure to apply the SAO to new areas
annexed to City property. She said it was obvious something had to be done sooner or later.
Miklo said the Map covered the City's growth area, so it went beyond City limits.
Klockau said what Southgate Development had done in offering to set aside 18 acres of prairie,
was commendable. To the extent that any area was preserved, that area needed to go on the
Map.
Bovbjerg said the Commission and Staff had gone back and forth many times about things not
being on the Map. If it was discovered that an area was mapable and should be mapped, was
the Map amendable? As long as the Commission was using the Map, which was incomplete, as
the baseline, they could not do anything that was not on the Map. Miklo said the Map was a
rough estimate or indication of where known sensitive areas were. When a developer submitted
a development plan, they were required to show sensitive areas that didn't necessarily appear
on the Map. They had to show topographic lines and from that Staff could discover where steep,
critical and protected slopes were. Woodlands had to be shown. It was easy to calculate if there
were 2-acres and therefore regulated by the SAO. Stream corridors were simple to find based
on topographic surveys. Just their presence on the property, even if they were not reflected on
the map, then required that the developer comply with the SAO. The one exception to that was
prairie remnants. Miklo said he thought what may have happened was very late in the process
of drafting the SAO, which was draffed by a committee of environmentalists, developers and
experts in various fields, someone suggested adding prairies so it was tacked on as an
afterthought. Prairies were not as easily defined as the other features.
Anciaux asked if there was a set size for a prairie. Miklo said it had to be one acre in order to be
regulated. Anciaux asked if a person had a 70-acre woodlot, could some of it be developed?
Miklo said depending on what the zone was, the SAO allowed for removal of part of the
woodlands. Anciaux asked if a person had 70-acres of prairie, were there guidelines for that?
Miklo said it was somewhat subjective. The SAO said, "The development shall be designed to
retain the maximum amount of prairie remnant possible while not precluding reasonable
beneficial use of the property". Miklo said that would be a case of, some of the prairie could be
removed but it was not know how much. Anciaux suggested that that subject was not germane
to the issue being discussed. Miklo said that was correct, there were no amendments being
proposed to the prairie remnant portions of the SAO.
Steven Nelson, 1033 Sandusky Drive, asked if under the proposed amendments to the SAO, if
Staff reviewed something and approved or disapproved it, could a developer or citizen's group
appeal the Staff's decision. To whom would the appeal be made? Bovbjerg said there was an
appeal process. Miklo said the appeal process would depend on what type of review was
required. If it was a site plan, it would not be an appeal process. If owners of 20% of the
properties surrounding the area of the site plan submitted a petition, it would send the review up
to the Commission instead of Staff. If it were a subdivision, the subdivision would be reviewed,
not the sensitive areas element of it. If someone believed that Staff was misusing or
misinterpreting the SAO, it could be appealed to the Board of Adjustment or to District Court.
Bovbjerg asked if a Staff review were to take place, would a notice be placed on the property so
the public would know that the possibility of a development on that site might occur. Miklo said
Planning and Zoning Commission Minutes
October 17, 2002
Page 6
when ever a site plan process occurred, a notice similar to the rezoning subdivision notice was
placed on the property indicating that a review was going forward. It listed a contact number for
persons to call Staff and get information about the process. Miklo said years ago cardboard
signs were used and they often got blown away or misplaced. Staff began using a more sturdy
plastic sign in a metal frame, which the City might wish to consider utilization of the same type
of sign for site plans to assure that they were on the property and were more visible.
Miklo said currently if a rezoning or subdivision occurred, property owners within 300 feet
received a letter. The notice was sent based on the edge of the property and not just where the
feature was located. In most cases the people of the neighborhood on the edge of the tract of
land received a notification, but they would not necessarily know a sensitive areas site plan was
being reviewed by Staff. If it was just a site plan and no subdivision was involved, there currently
was no procedure for notifying neighbors other than a sign on the property. Miklo said if the
Commission wished to include that as an additional recommendation, they could do so:
Judith Klink, 1105 Harlocke Street, said she was unhappy that City government was going in
"this" direction. She said Staff making decisions about sensitive areas did not allow for any
public input. Klink said any rezoning should be subject to public scrutiny. In the case of the
Southgate Development off of Harlocke Street, the neighborhood had been concerned about
the destruction of two ravines on the property. Glenn Siders had walked with Klink through the
ravines, identified trees that the neighborhood hoped could be saved and the results had been
great. Klink said they were convinced that every effort had been made to not to disturb more
than was absolutely necessary. Klink said she would be much happier if City government went
in the direction of the good neighbor policy. It should be required that developers inform
residents beside any proposed development site very early in the process, telling the
neighborhood what their ideas were and seeking input from the neighborhood. The more
informed persons were, the better able they would be to make intelligent input into the whole
process and the whole process would be a lot more democratic. Klink said she had a distrust of
leaving things to a small group of very talented people in the Planning Staff and not having an
opportunity for the public to be informed and to be involved.
Public discussion was closed.
Motion: Chait made a motion to approve the amendments to the Zoning Code, Sensitive Areas
Ordinance as delineated in the Agenda. Anciaux seconded the motion.
Freerks said she understood the need and desire for having streamlined, focused requirements
but was uncomfortable with taking away public input. She said that in some cases, the waters
had been muddied, people expected things that could not be achieved when they came to a
sensitive areas rezoning and it was frustrating for people. However, a lot of good things had
been achieved as a result of the discussions which occurred. Freerks said she would like to find
a way to have the public input at an early stage, such as an amendment that would mandate the
"Good Neighbor Policy", so that people could get involved early but still have development
occur.
Chair said it was his understanding that Freerks concerns did not have a mechanism at that
point either way. They did not pertain to the amendments being discussed. Miklo said in terms
of the Code re-write, the "Good Neighbor Policy" was an element that Staff was pursuing. When
they got to that part of the Code, that was something that the Commission might wish to look at.
There was a distinction between site plans and rezonings. Site plans placed the burden on the
developer to show that they had met the code and the ordinance on the books. With a rezoning,
they were seeking something from the City and the City had a lot more discretion to say yes or
no. That was why there was a different procedure. Chait said this was simply a matter of
expediting simplistic reviews, he supported that.
Planning and Zoning Commission Minutes
October 17, 2002
Page 7
Anciaux said he supported the amendments at this level also. It was outlined in the SAO and
Staff could apply and expedite those as well as the Commission could.
Koppes said she would like to see better announcement, but that could be discussed and added
after the amendment was voted on. This amendment set a good guideline, the applications that
the Commission had been most concerned about would have come before them anyway. She
also supported the amendment at this level.
Freerks said she wanted to make sure that things such as immediate visual notification and
mandatory use of the good neighbor policy be reviewed and noted in the record.
Bovbjerg said she would like Staff's suggestions regarding permanence of the signs, the good
neighbor policy, notification of neighbors, and updating the Map noted for the record.
Anciaux called the question.
The motion passed on a vote of 5-0.
Miklo said in terms of the question of a sign being posted on the property, he would suggest that
the Commission make a recommendation that as a follow up to this, the Council instruct
Housing and Inspection Service Department to place signs on sensitive areas site plans similar
to signs placed for subdivisions and rezonings. Miklo said the question of the good neighbor
policy was a bigger question. Staff was currently reviewing that. When the ordinance came
before the Commission in December or January it would have a proposal for a mandatory good
neighbor policy for developments of a certain threshold. As applied to site plans or sensitive
areas, Staff would look at that question, but it would probably have to go back before the
Commission and the Council with some specific policy questions to be addressed.
Motion: Freerks made a motion that signage of durable plasticized cardboard in a metal frames
be placed on a property immediately upon receipt of an application and stay up until the
application was acted upon. This would apply to all sensitive areas developments going through
a site plan. Chair seconded the motion.
The motion passed on a vote of 5-0.
Bovberg asked what about prairies and areas not currently on the Map and how to get them on
the Map. Miklo said that was something they would look at with the general Code review. Miklo
said Staff hoped to have some drafts of the larger Code review available in December or
January. He encouraged persons who had interests in the SAO item or similar items to stay in
touch with Staff and to look at the City's web page. Their input and ideas would be solicited
when this portion of the Code re-write came before the Commission.
OTHER:
Behr said at the last meeting the Commission had requested information about what the fine
would be when a violation went past the third violation. He had checked with the attorney who
handled that. She had said that the fine stayed the same beyond the third violation, but she had
not faced beyond a third violation so it had not specifically come up.
CONSIDERATION OF THE OCTOBER 3, 2002 MEETING MINUTES:
Motion: Anciaux made a motion to approve the meeting minutes with corrections as given to
Miklo. Koppes seconded the motion.
Planning and Zoning Commission Minutes
October 17, 2002
Page 8
The motion passed on a vote of 5-0.
ADJOURNMENT:
Koppes made a motion to adjourn the meeting at 8:35 pm. Anciaux seconded the motion.
The motion passed on a vote of 5-0.
Jerry Hansen, Secretary
Minutes submitted by Candy Barnhill
shared on c~t ynt/pcd/min ut es/p&TJp&z I 0-17~)2 dec