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HomeMy WebLinkAbout2003-04-08 Bd Comm minutesApproved MINUTES HISTORIC PRESERVATION COMMISSION THURSDAY, FEBRUARY 13, 2003 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Richard Carlson, James Enloe, Michael Maharry, Mark McCallum, Jim Ponto, Amy Smothers, Tim Weitzel, Michaelanne Widness MEMBERS ABSENT: Michael Gunn, Peter Jochimsen STAFF PRESENT: Shelley McCafferty OTHERS PRESENT: Hillary Sale, John Shaw, Paul Sueppel CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:01 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 1016 E. Colleqe Street. McCafferty said this is an application submitted by Hillary Sale for a certificate of appropriateness for an addition to the back of the house to extend the kitchen. McCafferty said the architect, John Shaw, was present to give the details of the project. Shaw said the project would involve taking off a mud porch that is not in good condition, reusing the existing foundation, relocating every window being taken out to other places on the building, putting a relatively small vestibule and a deck to the back of the house, and putting a new kitchen in. He said he has paid close attention to the materials and the configuration of the existing house. Shaw said both the addition at the kitchen and the addition at the vestibule: 1) don't really change the appearance of the house at all from the street, and 2) are quite compatible with the house, even from the back. Shaw said the addition would be centered right in line with the peak of the gable. He said the new balustrade work around the new deck on the side of the house would match the balustrades on the front of the house. Sale said the mud room space would be turned into interior space. Ponto asked about using metal roofing for the flat part. Shaw said metal would be used because this is a Iow-pitched roof, and he did not want to use rubber. MOTION: Smothers moved to approve a certificate of appropriateness for plans for work to be done at 1016 E. College Street, as submitted. McCallum seconded the motion. The motion carried on a vote of 8-0. 738 Oakland Avenue. McCafferty said this application came to the Commission through the Building Department. She said the owner of this property removed the baluster railing to his four-square without a demolition permit. McCaffedy said the Building Inspector noticed the removal and put a stop order on it so that the Commission could review a certificate of appropriateness for what the owner is going to replace that with. 2 McCafferty said this was a solid baluster with siding on it. She said the building inspector told her that the owner did repair the porch floor; she thought there were some rot issues with a solid baluster. McCafferty said the owner is proposing to build a new baluster similar to the one in the photograph McCaffedy distributed. Smothers asked if the owner would be reusing the tapered columns. McCafferty confirmed this. Carlson asked why the owner removed the baluster to begin with. McCafferty responded that she did not know. She added that a lot of the time, with a solid baluster, there is not adequate drainage underneath them, resulting in rot. McCafferty said the owner did replace the flooring with fir, which is in accordance with the guidelines. She said the owner does want to have the spindle baluster, however, rather than the solid baluster. McCaffedy said she feels that the baluster the owner is proposing is from more a Victorian house and is perhaps too ornate of a baluster for a simple four-square house. Carlson said it is conceivable one would have this type of baluster for a house built as late as this one, but not very likely. McCafferty said a very simple baluster is typically seen on a house of this era. Weitzel asked what the history is of this solid baluster - if it is something that would have been built in the 40's or if it's something that would have been original to the house. Carlson said he believed it was original. McCallum said a property he owned that was built in 1913 had a similar type of baluster. He said the floor does tend to rot out due to drainage problems with this type of baluster. McCallum showed samples of types of balusters. Enloe asked if any of them extend all the way down to the floor. McCafferty showed one that had a long slit for water to drain, but she believed the one under discussion had just one small hole that probably did not offer adequate drainage. Enloe said it seems to be a design flaw that is inherent to the style. McCafferty asked if the Commission would accept doing an historically appropriate baluster in lieu of what was originally there. Weitzel said given that there was a design flaw, the Commission would not want to re-create something that doesn't work. Enloe said presumably there are other historically appropriate styles to use. McCafferty said she would try to locate a photograph of a square baluster that would be appropriate for a four-square. Carlson said his concern is that the guidelines do disallow the removal of balusters and historic railings, and he asked what message the Commission is sending here in saying that is not really what was meant. McCafferty replied this issue has not arisen since the demolition permit requirement was put into place for significant portions of buildings. She said she would probably expect the owner to be fined, because he did not have a demolition permit, although she was not cedain how much the fine would be. McCafferty said the Commission would have to come up with a solution for what the owner wants to construct here. Smothers said the other problem aside from the spindles is that if the Commission allows the owner to use spindles, the top railing is usually, for this type of house, wider than five inches. She said the Commission might then want to talk about caps for hand railings. McCafferty said one option would be to offer a certificate of appropriateness for a square spindle, etc., and then leave it to chair and staff or Smothers and staff to specifically select the style to recommend. She said that would expedite the process. Enloe suggested that the Commission may want to have the owner submit something more appropriate with railings and everything else. McCallum stated that the owner may have submitted something really fancy, because he believed that was what the Commission wanted to see. 3 Weitzel said it doesn't send a good message to just ignore the fact that this was done without a permit. He said, however, that since the old style had a design flaw, there should perhaps be some leeway granted. Carlson said the Commission doesn't necessarily know that the old baluster and floor were rotting but is just assuming so. McCallum said this repair and replacement of the railing may have been just part of regular maintenance. Enloe commented that the demolition permit requirements are relatively new in the regulations. McCafferty said this shows the need to send out letters to educate homeowners. Weitzel added that contractors should also be aware of conservation and historic district requirements and guidelines. Smothers stated that other cities, in lieu of a fee, will require the exact same porch to be built. They would allow for better drainage to be installed but would require the owner to put back exactly what he took down. McCafferty said the guidelines (can't hear - something about repairing existing balusters and railings.) She said the guidelines refer to "replacing badly deteriorated pieces with the ones that match the original" and "reconstructing missing balusters by using old photographs." McCafferty said the guidelines also discuss installing turned spindles with balusters that have a diameter of two inches or greater, when the spindles are replaced. Enloe said he is somewhat convinced by Smothers' argument. He said if one can modify the design but maintain the spirit of the paneled baluster, it would send a message and would maintain the historic correctness. Ponto said an option would be to tell the owner to reconstruct as it was, and if he doesn't like that, to come back to the Commission with something else. Enloe asked if the Commission can allow the owner to make a more significant drainage slit at the bottom and maintain some historic integrity. He said it could be more than just a hole, but open all the way around. Smothers said that usually there is an arch at the column bases so that it looks like the column sits on something more massive. She said she has seen them be five feet before on second- story porches. Ponto said he owned a house built in 1919 that had a three- to four-foot long slit. Enloe suggested that was probably less expensive than spindles. Carlson said he would be in favor of something like that, as it would be in keeping with the guidelines. He said it would not be as a punishment to the owner but just because it is consistent. Enloe asked if the fine could be waived, if the owner agreed to put this back in the style that it was in originally. He said that would be a concession to the owner that would still maintain the style and also follow the regulations. McCafferty said she thought the Building Depadment would listen to the Commission's input. She said the Commission could require the owner to replace this with a solid baluster with wider drainage holes. She said if the owner wants to do something different at that point, then he could resubmit. MOTION: Enloe moved to deny a certificate of appropriateness for the replacement of balusters and railings on the front porch at 738 Oakland Avenue, stating that the Commission would offer a certificate of appropriateness for a plan that would replicate the original style, modified with appropriate drainage, and the Commission suggests this solution in lieu of a fine, if it is within the Commission's power to do so. Enloe said the Commission is not trying to punish the owner by asking him to do this correctly but is arguing for the integrity of the regulations and the integrity of the historic style of this house. 4 Cadson said this seems to be a simple enough design that staff could approve the final design. Ponte agreed that if this would be constructed as is, and the only addition is a slit, he did not feel it would be necessary for the Commission to see it again. Enloe agreed. Carlson seconded the motion. Weitzel asked, if the plan has to be modified to make drainage changes, whether the Commission would have to see the plan again. Enloe suggested the final approval be left to McCafferty. McCafferty stated that if the new plan was significantly different, she would bring it back before the Commission. The motion carried on a vote of 8-0. DISCUSSION OF CURRENT PROJECTS. College Hill Historic District. Maharry said the Planning and Zoning Commission meeting considering this conservation district was held one week prior. He said that six people appeared in person to support the conservation district, and six people who were not there sent e-mails in support of the district. Maharry said all of the twelve except for the chair of Friends of Historic Preservation and one builder either lived in the potential district or in the historic districts surrounding it. Maharry said no one spoke in opposition to the district, although some people who had opposed the district at the Historic Preservation Commission's meeting were at the Planning and Zoning Commission meeting. He added that, to his knowledge, no one sent e-mails opposing the district designation. Maharry said the slowing factor is a response from the State, which will hopefully be forthcoming before the next meeting on February 20th. He said the members of the Planning and Zoning Commission seemed to indicate that they would have voted on this item if the response from the State would have been available. Maharry said it appeared from the limited discussion that the Planning and Zoning Commission members were in support of the designation. He said all the comments from the Planning and Zoning Commission meeting go on to its next meeting and, if this is passed, go on to City Council as well. McCafferty said once the public hearing is set by City Council, there is a moratorium on the issuing of building permits in this area. Maharry asked, if the Planning and Zoning Commission passes this on the 20th, would it appear on the City Council's next meeting agenda. McCafferty said there would be five City Council meetings: one to set the public hearing, one at which the public hearing is held, and three separate votes on the issue. McCafferty said Kerry McGrath has assured her that the State's response will arrive by February 20th. Maharry said the same person recently purchased two adjoining propedies in the 900 block of Washington Street. He said the timing is very curious. McCallum asked if that area had recently been downzoned. McCafferty said she believed that area is zoned RNC-12. McCallum said he believes those houses are existing rental properties. McCafferty said she spoke with the owner of 721 Washington Street, who also owns the two houses next door. She said the house at 721 Washington Street was sort of a borderline house that was designated as contributing. McCafferty said after speaking with the owner and getting more of a history, she learned that the house was actually moved into that location from somewhere else and is not original to the neighborhood. She said in fact, that the house was actually put on the lot backwards. 5 McCafferty said the owner has asked the Commission to change the status of the house from contributing to non-contributing. She said he is not planning to demolish the house but would like to put vinyl siding on it. Smothers asked where the house was located before it was moved. She said if it didn't move far, it may have started out within the district. McCafferty did not know what the original location was. McCafferty said the house was moved in the 60's or 70's. McCallum said it does have a lot of the key details. Weitzel stated that it has brackets, which may be lost if the house is sided. McCafferty said it does have brackets but does not have any of the window trim left. She said the house has two layers of wood siding, which may have covered up the window trim. McCafferty said it does not have the original foundation. Smothers asked if there is any documentation regarding the move. McCafferty said the owner is John Beardsley, but he could not remember the name of the person who moved the house. Smothers said the house has a history of its own. She said she has a problem with the owner claiming this as something else so he can put vinyl siding on it. Enloe agreed that once the house is designated as non-contributing, then the owner has a lot more reign. He said the Commission needs more information about this, such as whether the trim is covered up and where the house was originally located. Carlson said since house moving has a long tradition in Iowa City, that in itself doesn't seem to be enough reason, even if it was a recent move, to disqualify the house from being contributing. Maharry said the issue here is that the designation would have to be amended before this goes to the City Council. Weitzel said he thought there was reason enough to let this stand, as it is. Carlson said there are enough details remaining on the house to fit into a conservation district, so he was also willing to let this stand. Ponto said this property was listed as one that would contribute to a conservation district but would not contribute to a historic district. McCafferty confirmed this. Maharry said at the Planning and Zoning Commission meeting, Philip Lutgendorf questioned why his house at 911 Iowa Avenue was not listed as contributing. McCafferty said she and Smothers listed it as non-contributing. She said it is a really odd house. She said it is a very eclectic house. Weitzel said the house has a built-in porch, an addition, and possibly another addition. Enloe said it would allow the Commission to maintain protection for this house. Maharry asked, if the property is deemed contributing, can the owner go searching underneath or cut parts of the porch away to look for evidence of its history, and what happens if the evidence is not there. Enloe said the owner would have to look from the inside, as opposed to the street side. Enloe said the next owner may want to put vinyl siding on this, and if it is a non-contributing property, he could. He asked if the property is worth protecting as it appears now. Carlson asked if one can tell fairly easily when the house was built from looking at it. McCafferty said there are decorative windows, and there is some fish-scaling on the side. She said where one would expect to see new windows, they are actually the old windows. Smothers commented that the porch is the wrong size, because of the way it lays out with the additions. McCafferty said the porch looks like it has a newer baluster on it. Smothers said it looks like a brand new porch, instead of a stoop or a smaller porch. She said the porch actually comes out all the way to the other addition on the back side. Maharry suggested the Commission trust the instincts of the surveyors with regard to both of these houses, unless someone had a great objection. There was no objection. Downtown Historic District. Maharry said he is getting more nervous about a downtown historic district. He said the increased discussion of allowing only those 21 years old and over in bars is making the downtown property owners unhappy. He said the bar owners have become anti-City Council and anti-local government. Maharry said he is concerned that passage of the 21 and over law will make the Commission's job that much more difficult, as property owners won't want to do what the Commission recommends. McCafferty said she would like to meet with Julie Foreman, the head of the Downtown Association, to discuss the downtown area. She said if the Commission wants to pursue a downtown district, she would like to get input from Julie Foreman, Josh Shaumberger and people from the Cultural Alliance. Enloe said he did not think the Commission should abandon the idea of a downtown district under the assumption that everyone would be against it. Maharry said the people interested in an historic district would be the people who don't own bars. McCallum said most of the bar owners are renters, and the designation would be of interest to the actual property owners. McCafferty said it will be important to involve other people and groups that are interested in improving downtown. She said the Commission can then coordinate with them on how to sell a district designation and how to put it together in a manner that will be complementary to what they are trying to do. McCafferty said this can be done to support economic development. McCafferty said the point is to create a greater sense of history and the historic character of downtown. She said the storefronts could be done in an appropriate manner, with better signage and increased standards for downtown so that downtown can be marketed as an historic downtown marketplace. McCafferty commented that the trend now is away from enclosed malls to pedestrian-oriented retail shops. She said the advantage is that we already have the buildings and the opportunity to do that. Maharry asked if another sub-committee meeting should be scheduled to coordinate activities. McCafferty said she would try to schedule something with Foreman and Shaumberger. She said the Commission could get them involved and get direction from them. McCafferty said (can't hear - something about a liaison for downtown). She said she would send out an e-mail regarding a possible meeting with Foreman and Shaumberger. Maharry asked what the next official step in the process of designating a downtown district would be. McCafferty said she needs to relay the mapping information that Weitzel is compiling up to Kay Irelan to complete that aspect of the project. McCafferty said guidelines also need to be written, and Smothers has started working on guidelines and how to present them to the downtown people. McCafferty said the guidelines would be quite different than those for a residential district. McCallum asked if there are infill design guidelines for downtown. McCafferty said there are not. She said at this point, staff is rewriting the ordinance. McCafferty said one of the weakest points of the ordinance at present is that there are very few standards. She said she is currently reviewing the design standards for residential and commercial. McCafferty said there will eventually be more design standards added to the ordinance after a complete review. McCafferty said right now there exists the design review portion of the ordinance throughout the design review overlay zones. She said, however, when a TIFF district or urban renewal district is designated, no one writes the criteria for design prior to that designation. She said from this point on, when such a district is designated, at the same time as part of the negotiations, the criteria for design will be put forth, so that what the City wants to happen with that parcel will happen. McCafferty said right now the design review guidelines are minimal; something goes ? through the Design Review Committee, but there are not sufficient design criteria and therefore not a strong basis for denial. McCafferty said she hoped to schedule something with the sub-committee and/or Foreman and Shaumberger and have a clearer view for the Commission at the next meeting. Carlson asked if the Commission had an answer from the State regarding whether or not a downtown representative is required to be a resident of the district or if he or she can be an owner of property in the district. McCafferty said she did not yet have an answer. McCafferty introduced Paul Sueppel, who will be the Commission's new at-large representative beginning in April. OTHER INFORMATION: McCafferty distributed the Citizens' Summary: 2004-2006 Proposed Financial Plan. She also distributed copies of the CLG grant proposal written by Carlson. Carlson asked about the status of this. McCafferty said she needs to get an RFP to consultants so that the Commission can select a consultant and get started. McCafferty stated that she received several recent publications from the State Historical Society, if anyone is interested in reading them. APPROVAL OF MINUTES: January 9, 2003. Widness said that on page one in the third paragraph, the public relations firm should be "Benson and Hepker". Carlson stated that on page one in the third paragraph, it should read "CDBG" instead of "CBDG". Maharry commented that the date should be January 9, 2003, not 2002. MOTION: Carlson moved to approve the minutes of the January 9, 2003 meeting of the Historic Preservation Commission, as amended. Enloe seconded the motion. The motion carried on a vote of 8-0. January 23, 2003. Carlson said that on page two in the sixth paragraph, "areas" should be changed to "area". He added that there should be a period at the end of that sentence. MOTION: Enloe moved to approve the January 23, 2003 meeting of the Historic Preservation Commission, as amended. Carlson seconded the motion. The motion carried on a vote of 8-0. ADJOURNMENT: The meeting was adjourned at 8:12 p.m. Minutes submitted by Anne Schulte Pcd\hpc\hpc02-13.03.doc Approved MINUTES HISTORIC PRESERVATION COMMISSION THURSDAY, FEBRUARY 27, 2003 LOBBY CONFERENCE ROOM MEMBERS PRESENT: Richard Carlson, James Enloe, Michael Gunn, Michael Maharry, Mark McCallum, Jim Ponto, Amy Smothers, Tim Weitzel MEMBERS ABSENT: Peter Jochimsen, Michaelanne Widness STAFF PRESENT: OTHERS PRESENT: Shelley McCafferty Paul Sueppel CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:30 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Maharry said the Planning and Zoning Commission unanimously approved the College Hill Conservation District at its Thursday meeting and forwarded it to City Council. He stated that the hearing will be set on March 11th. McCafferty said the public hearing before City Council would most likely be held on April 8th. McCafferty said the City Council is not holding a second meeting in March. She said, given that there is a 60-day limitation period on the application, the City Council could be asked to expedite the decision and vote twice in one session. CERTIFICATE OF APPROPRIATENESS: REVISIT 738 OAKLAND AVENUE: McCafferty said she followed up the last meeting with a resolution, as required, to spell out why the certificate was denied. She said the Legal Department evaluated the resolution, and she also had discussions about it with HiS and PCD staff. She commented that there were a number of concerns regarding the Commission's decision. McCafferty said the most significant concern is that some of the language in the guidelines is somewhat gray. She said it is clear that a certificate of appropriateness was required to demolish the railing. McCafferty stated, however, that once the railing was removed, because a building permit is not required to install a new railing, it may be argued that a certificate of appropriateness for the new railing is not required. The applicant will likely appeal the denial of a COA to City Council. She said there were questions regarding whether this is the best use of the Commission's resources and if this is what the Commission wants to pursue as an appeal to City Council. McCafferty said the crux of the issue is that there is this loophole legally, in terms of a gray area. Maharry said after McCafferty and other City departments looked at the guidelines more closely, it appears that more leeway could have been given. He said the guidelines say the porch railing could be reconstructed in a manner similar to other sites in the neighborhood. McCafferty said if one stads from the premise that the baluster has already been removed, the guidelines refer to, "reconstructing balustrades by using old photographs or by choosing a style that is appropriate to both the building and the neighborhood." She said that gives some flexibility. McCafferty added that this is not a house that is as architecturally significant as the F.X. Freyder House or the McCollister Homestead but is rather a very simple Foursquare that is seen commonly in Iowa City. She said it does not have individually the architectural significance that might compel the Commission to pursue this as opposed to working out a solution. McCafferty said the owner proposes a fancier, more Victorian-like spindle. She said the Commission may want to work with the owner to say this is acceptable, but the Commission could recommend a square spindle as opposed to the more ornate spindle. Historic Preservation Commission Minutes February 27, 2003 Page 2 Weitzel said the Commission can easily make the argument that the round spindles are not appropriate to this style of house. Enloe said the Commission doesn't have disallowing power. McCafferty confirmed this, saying that a permit is not now required to install the missing baluster. Gunn asked, if there was not a baluster there and the owner wanted to put one there, wouldn't that require a permit. McCafferty said it would not unless it is above 30 inches off the ground. She said the Building Department is of the opinion that the City would not require a permit to install a baluster on this house. McCallum said at times he has received two different opinions from the Building Department regarding whether he needed a building permit. He said he would not like the Commission to get into an adversarial position with this homeowner. McCafferty stated that a building permit was clearly required for demolition. Weitzel asked what the remedy is for the failure to get the demolition permit. McCafferty responded that the remedy for the failure would be a municipal infraction, consisting of a $500 fine. She said she expects the owner to appeal the infraction to the City Council. Smothers said the porch itself is small and seems to have had a delicate balustrade that may have been sheathed later with clapboards. She said she did not know if it originally had clapboards but added that the endpiece is kind of intricate. Smothers said this house is actually kind of a National Style with Queen Anne windows and a bay on the second story. She said it is not a traditional Foursquare in the sense of those that are up and down Oakland Street. Smothers said the houses that are Foursquares are much bigger, and two of them have enclosed porches. She said this is a National and other National homes of this period and style in Iowa City have open porches, especially with columns like those on this house, have open balustrades. Smothers said they are not all enclosed, especially the ~ style. Maharry asked if, given that the house doesn't have pure Foursquare or Queen Anne characteristics, it is conceivable that round spindles could be used. Smothers responded that she anticipates that the owner has 4 x 4 treated posts approximately where the newel posts would go, and she had no idea how he would treat the finish of the newel posts, if he would box them out similarly to what he has proposed or something else. She said the Commission may be splitting hairs here. McCallum said the Commission doesn't need bad press but needs to have a posture of working with the neighbors and others, especially with the new conservation district. He said the Commission should offer its design services to the owner but basically acknowledge that the owner is free to do what he wants. McCafferty said the Commission needs to take the official action of rescinding the resolution that was voted on by motion last time. She said the Commission could prepare a memo to give recommendations regarding the balusters. McCallum said what the owner is suggesting will probably be more expensive than what is appropriate. McCallum commented that the owner may be suggesting this more ornate proposal to appease the Commission, so he may move more in the Commission's direction anyway. MOTION: Smothers voted to rescind the previous decision to deny a certificate of appropriateness for the replacement of balusters and railings on the front porch at 738 Oakland Avenue. Weitzel seconded the motion. McCallum suggested the inclusion of offering the Commission's input and feedback, should the owner desire it. Smothers said she would like to set a precedent that the owner actually appear and ask for those services. Gunn said when the Commission wrote the guidelines, it tried to build in flexibility. He read from page 19 that they should be, "compatible with the neighborhood, they can be square, they can be round." He said in the Foursquare style discussion, the guidelines state that, "Porch railings may be solid panels, have rails of square or turned spindles, or be solid or covered with siding material." Gunn said the flexibility says that the Commission doesn't have to have what is the very best and most appropriate but just has to Historic Preservation Commission Minutes February 27, 2003 Page 3 have something that is reasonable and acceptable. He said he always tries to go with the owner if he is within that realm. Gunn said this looks to be a fairly careful decision. He said what looks to be most appropriate here is a solid railing. Gunn said the guidelines would allow other choices as well. McCafferty said if the owner had come to the Commission before the demolition, then the Commission would have required a plan for the replacement prior to issuing a certificate of appropriateness for both the demolition and replacement. Enloe agreed that the Commission needs to be working flexibly with the owner. He said, however, that the Commission just accepting the idea that this fine would be appealed troubles him. Enloe said otherwise owners will tear things out and then not need a permit. He said they will then say, "I'm not going to pay the fine and will just appeal this to my friend at the City Council." Enloe said the guidelines would therefore have no meaning. Maharry asked if this was an infraction because the porch was removed or because it was removed from a house in an historic district. McCaffer[y said if the house was not in an historic district, a demolition permit would not have been required. Sueppel asked if the Commission had the power to fine someone. McCafferty said the Commission can recommend to legal and HIS that they proceed with the fine for removal of the baluster without a demolition permit. She said it appears that HIS is not going to initiate that fine without direction from the Commission. Gunn asked if the railing was most likely torn off without the owner knowing what should have been done. McCafferty believed that to be the case. Gunn said if the owner replaces the railings and balusters in a way that is acceptable to the Commission, he did not believe the owner should be fined anyway. The motion to rescind carried on a vote of 7-0. APPROVAL OF MINUTES: FEBRUARY 13, 2003. Maharry said the four[h word on page two should be "was" instead of "is". Weitzel said on page one in the last sentence, the word "approve" should be replaced with the word "review". Carlson said on page five in the fifth paragraph, last sentence, the word "still" should be replaced with "remaining on the house". He stated that the first sentence in the eighth paragraph on page eight should be removed. Carlson said on page seven, in the last sentence of the firs'dpartial paragraph, "a strong no" should be replaced by "a strong basis". He added that in the second paragraph under "Other Information" on page seven, "State Historical Society" should read "State Historical Society". Sueppel pointed out that the address of the house should be included in paragraph seven of page five. MOTION: Weitzel moved to approve the February 13, 2003 meeting minutes of the Historic Preservation Commission, as amended. Carlson seconded the motion. The motion carried on a vote of 7-0. ADJOURNMENT: The meeting was adjourned at 7:58 p.m. Minutes submitted by Anne Schulte MINUTES HOUSING AND COMMUNITY DEVELOPMENT THURSDAY, JANUARY 16, 2003- 6:30 PM. CIVIC CENTER LOBBY CONFERENCE ROOM FINAL~PPROVED Members Present: Amy Correia, Matthew Hayek, John Deeth, Lori Beam, Jerry Anthony, Rick House, Mark Edwards Members Absent: Jayne Sandier, Morgan Hoosman Council Members Present: None Staff Present: Tracy Hightshoe Others Present: Maryann Dennis, Charlie Eastam, Christy Wolfe, Jesse Burns and Bob Burns Recaptured funds policy - Recommendation to Council MOTION: Bears moved to accept the submitted proposal for the Unsuccessful or Delayed Projects Policy to be sent to Council for review/approval. Motion seconded by House. All in favor, motion passed 7-0. MOTION: Anthony moved to amend the Unsuccessful or Delayed Projects Policy to have it read "to begin in Fiscal Year '04". Motion seconded by Deeth. All in favor, motion passed 7-0. Call to Order Amy Correia called the meeting to order at 6:35 PM. Approval of December 19, 2002 Minutes MOTION: Anthony moved to change minutes under report of Greater Iowa City Housing Fellowship to read "Anthony provided information regarding FY02 & FY03 projects". Also to amend Hayek's comment on inspection fee to read, "He noted the amount doesn't seem that large except when it is applied to large properly owners." Hayek seconded the motion. All in favor, motion passed 6-0 (House not yet present). Public/Member Discussion of Items Not on the ARenda Correia noted Ruby's Pearl project is not on list of projects to be monitored and it should be as a carry over project like the Peninsula project. Ruby's Pearl project will be added to list and monitored by Correia. Monitoring Reports Greater Iowa City Housing Fellowship (GICHF)- Correia asked if members had a chance to read letter sent in by Maryann Dennis from GICHF. Hayek asked if Dennis could walk the committee through the letter and explain GICHF's current projects. Dennis reviewed the agency's purpose, background, and the status of all projects and funding listed on letter to the Housing and Community Development Commission (dated 1-2-03). Rick House arrives. Review of the FY04 CDBG/HOME Allocations Schedule Hightshoe asked if members of the committee wanted to tour proposed FY04 projects. If so, a date needs to be set. The applications are not due until January 24, 2003 and a schedule to tour can be set up after that date. The committee responded they would like to tour some of the proposed project sites. Hightshoe noted a limited number of members can tour at a time or a quorum will exist and minutes would have to be taken as it would be a public meeting. Housing and Community Development Minutes January 16, 2003 Page 2 Hightshoe will e-mail members with a proposed schedule. If a quorum is present staff will advertise and proceed as a public meeting. Proforma Basics Hightshoe discussed the Proforma spreadsheet included in the Housing Application. A section of the guide, Bank-Ability is provided for HCDC review. The guide lays out general rules for project expenses, sources, etc. The proforma will be used to compare each housing application as evenly as possible. Through the proforma we can compare costs per unit with other applications in regards to revenue generated, operational expenses, cash flow, etc. Staff will also review the proformas. The staff analysis will highlight any areas that seem too Iow or too high, anything that appears odd or expenses that are not considered reasonable and customary and bring them to the attention of the committee. These might be areas to address with the applicants in the question and answer session. Hightshoe stressed this is a tool for comparison of projects, the City does not want to fund projects that cannot support themselves but they also don't want to over subsidize projects. Commission questioned if there were specific items staff would look at in the evaluation. Hightshoe stated staff would look at the debt to income ratio, which is the net operating income divided by total debt to be paid. if under 1.0, the project is not feasible, as it will not be able to service its debt. If over 1.15, the project could support higher interest or the applicant could afford higher amounts of debt. Staff will also review operating costs/expenses to make sure they are not under or overestimated. The second half of the proforma considers tax implications. Those non-profits that do not pay taxes should have 0% tax implications. The second half of the proforma will review depreciation, reserves, and tax rate. LIHTC applications will have a strong return on investment for the first 10 years, but a small return on investment in prior years; thus staff will look at an average return over the 20-year proforma for comparison. Old Business The Committee discussed the Unsuccessful or Delayed Projects Policy. Correia asked if anyone had any changes or suggestions for the policy. Commission questioned if there were any problems with timely expenditure of HOME funds historically. Hightshoe stated she would inquire with staff and email/mail the findings to commission members. Hightshoe stated our contract provides a legal mechanism to recapture funds if problems are encountered such as land purchased, but no development, etc. Hayek questioned when HOME funds must be committed. Correia questioned if we would apply this policy to old projects. Commission decided to apply the policy to all subsequent projects beginning with the FY04 allocations. Hightshoe stated that all FY04 successful applicants will receive a copy. MOTION: Bears moved to accept the submitted proposal for Unsuccessful or Delayed Projects Policy. Motion seconded by House. All in favor, motion passed 7-0. MOTION: Anthony moved to amend the Unsuccessful or Delayed Projects Policy to have it read "to begin in Fiscal Year '04". Motion seconded by Deeth. All in favor, motion passed 7-0. Adjournment MOTION: House moved to adjourn meeting. Deeth seconded motion. All in favor, motion passed 7-0. Meeting adjourned at 7:40PM. MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, FEBRUARY 20, 2003 6:30 P.M. SENIOR CENTER, LOWER LEVEL CLASSROOM FINAL~PPROVED Members Present: Amy Correia, Mathew Hayek, John Deeth, Lori Bears, Jerry Anthony, Rick House, Jayne Sandier, Mark Edwards, Morgan Hoosman, Members Absent: None Council Members Present: None Staff Present: Steve Nasby, Tracy Hightshoe, Stephen Long, Linda Severson Others Present: Scott Shuulz, Doug Booothroy, Norm Cate, Jerry Hansen, Alaina Welsh, Allen Axeen, Connie Wolfe, Jean Bott, Bob Burns, Julie Spears, Maryann Dennis, Nancy Stensvaag, Stephen Trefz, Cecile Kuenzli, Michael Wright, Bob Andrlik, Charlie Eastham, David Purdy, Valerie Kamp, Chris O'Hanlon, Josh Goding, Danielle Thompson, Michelle Hankes, Sandy Pickup, Joan Vanden Berg, Crissy Canganelli, Karl Dixon, Linda Nelson, Deanne Krumbholz, Karen Kubby, Chris Bergen, Chris Kinkead, Carol Spaziani. Call To Order Amy Correia called the meeting to order. Approval of January 16~ 2003 Minutes MOTION: Deeth moved to approve minutes as submitted. Hayek seconded the motion. All in favor, motion passed. 7-0. Edwards arrives. Public/Member Discussion of Items Not on the Agenda Correia brought to the committee's attention a memo from Steve Nasby concerning an interest rate policy change recommended by the City Council for CDBG/HOME funded housing projects. She suggested that this policy change be placed on a future meeting agenda in order to discuss any ramifications this might have for home ownership. Discussion Re.qardin.q Applications for FY04 CDBG and HOME Funding - Question & Answer Session 1. Scott Shuulz - Family Services, Responsible Renting for Tenants & Landlords; Applicant present to answer questions. Project designed to help people become responsible renters/ tenants, to learn to become financially responsible (provides debt/consumer counseling) and to help educate landlords on various issues. a) Applicant willing to work with Iowa City Housing Authority. The classroom rental is $100.00 per time used and may be an in-kind donation- total of $500.00. b) Any renter in Iowa City may use services. A referral relationship would be used with housing agencies and program would be of no cost to client, there is currently a small fee charged. Applicant can provide counseling and screening for GICHF/Shelter House referrals. c) The other sources of $1,660.00 are from their current operating funds. They do not receive United Way funds. d) Applicant has been in operation in Iowa City for 8 years. Previously, applicant received CDBG funds in FY02. Applicant is able to sustain themselves with client fees from credit counseling, from creditors and "fair share contributions". This amount has decreased about 50% in the past 3 years. They do provide help to very Iow-income individuals at no cost. Hoosman arrives. Housing & Community Development Commission Minutes February 20, 2003 Page 2 2. Doug Boothroy & Norm Cate - City of Iowa City, Housing Inspector; Applicant described the current workload of the Housing Inspection Department as desperate. The program has been effect for 25 years and began with CDBG funds. They are pro-active and fire safety is their highest priority. Their office fields complaints, zoning and nuisance issues. Applicant inspects every rental unit every 2-3 years, and aggressive inspection program has measurably improved the quality of housing, life and neighborhoods. Applicant has not increased staff since 1992 and the number of rental units has grown every year. Applicant will not have the manpower to keep up with the workload, the increasing number of rental units and the rising expectations of neighborhood groups, City Council and tenants. Some services are likely to be cut, and there will not be timely inspections and follow up. a) Unsure of how many of the 3,000 new units are funded/subsidized by CDBG or HOME funds. b) The number of inspectors would increase from 5 to 6. The increase in the number of inspectors needed is due to the continual increase in the number of rental units. c) Applicant will need to sustain the position annually. That would be a Council budget decision, possibly with CDBG money. d) The rental permitJinspection/violations fees increased approximately 42% last year. About 70% of their budget is comprised of rental permit fees. The per unit costs are $78 for the structure, $11.50 for a unit within the structure, $2.75 for every bedroom. The multi -family units are inspected every 2 years and are charged the fee every 2 years. An annual permit fee has been discussed by the City Council, but the timing, with just increasing the fees 42% this year, is not right. e) The PIN grant money has been applied for and decision is due in May by the neighborhood council and City Council. f) The inspectors are assigned duties by address, this would not change. Applicant must comply with federal CDBG rules for the inspector position. g) All City inspections are done only on private housing and not any University properties. Therefore, the City has not approached the University for any funds. It is an interesting question given that the UI does not have any off campus housing. 3. Stephen Trefz - Community Mental Health Center (CMHC) - Rehabilitation; This is a public facility rehabilitation project. a) There has been an increase in the number of clients. Since November 2002 the Center has had more applications for services than they have had in the past 5 years. A part of this is due to employer health plan changes when some providers of mental health insurance drop other sites and the Community Mental Health Center is their only option. b) There has also been an increase of services for the homeless population through the PATH grant, a Homeless outreach program. b) There are no zoning issues with the City. c) If the project is not done, the number of clients that are seen would not really decrease but the Center would continue to see fewer and fewer people because of the long waiting list. They are currently scheduling into June and can not hire more staff due to the space concerns. d) The CMHC currently has 6 people sharing 150 square feet, the move would allow 600 square feet. e) The expansion would also allow them to become compliant with HIPA. This would make the space secure and provide the anticipated needed space for medical records. 4. Al Axeen - Hawkeye Area Community Action Program (HACAP) Transitional Housing; The submission is for an expansion of the local transitional housing program. Their transitional housing programs are developed around the Broadway model. It is a 2-year assistance program with 30% of applicant's income towards rent and the rent is capped at fair market value. The economy has turned down and lots of family incomes have dropped. a) The site council is comprised of volunteers; 1/3 are private individuals, 1/3 HACAP people (clients), 1/3 government appointees/elected representatives. The site council is very involved in the decision making of purchasing propedies. They have also had Catholic youth groups paint homes for the program. b) The management fees include money for a family support worker for the 6 units (4 hours per month, per family). c) Applicant will try for additional money through a different funding source. d) Agency cash flow is tight as it is for most other agencies. Housing & Community Development Commission Minutes February 20, 2003 Page 3 e) Applicant is concentrating on condominium type housing. They will keep their focus in areas with stable public transportation coverage. The units may be on section 8 assistance. f) The applicants for housing are required to pay a deposit. 5. Connie Benton-Wolfe, Jean Bott, David Purdy - Elder Services Inc. - Small Repair Program; The project will assist 55 frail elderly or disabled households with home rehabilitation/modification. a) The program has had support in the past with CDBG funding. b) All applicants for repairs are homeowners, all with limited income. They do not look to see if the owners have equity, they simply look at financial situation. Most of the applicants are on a limited income, $600.00 to $700.00 per month, and can not repay a loan. If they do have financial resources, they pay all or partial costs. Local contractors have done some repairs in- kind. c) The idea of using reverse mortgages was brought up by Sandier, and is something to look into. There is currently only 1 bank in Iowa that provides these types of loans. d) Most of these projects are very small, only 5 of the 39 projects were over $1000.00. e) The Council policy of 1% simple interest was discussed and if it can be modified, possibly to exclude repairs under $1000.00, f) Page number 33 is missing number of people served, number of bedrooms, etc. g) The services program will run out of funding in April. If they do run out of money, they will start a waiting list of projects that need to be completed. 6. Bob Burns & Alaina Welsh - Whispering Garden IHA Limited Partnership Affordable Family Housing; The applicant is a private, for-profit partnership. They propose building scattered site rental housing. The applicant presented a hand out to committee in response to the staff report. 7. Robert Andrlik - Table to Table - Food Rescue & Distribution; The applicant requests to fund a full time director for project which channels food donations to shelters, soup kitchens, and local agencies. a) Questioned if reporting by number of persons would be a problem. Andrlik stated it could be done. There would have to be flexibility in how to arrive at a count as Table to Table does not provide the total food budget to agencies served, the tracking would be a percentage of the clients served. An unduplicated count would be hard to obtain. 8. Nancy Stensvaag - Iowa Valley Habitat for Humanity (IVHFH); The IVHFH application references CITY STEPS and identifies affordable housing as a great need in Iowa City. a) Partial funding means fewer units built. With funding provided, the more units the IVHFH can build. b) The National alliance of IVHFH will not allow an interest-bearing loan. The City Council has asked the applicant to return with a proposal. Habitat recycles money with income payments. Habitat wants a declining balance lien. c) The habitat homes may not be outside of the Whispering Meadows neighborhood. Habitat has an architect on their board and will provide different building plans. also collect the debt. the money d) Habitat sells both the land and the home; they They recycle into a pool of building sites. They plan 10 homes for their 10 anniversary in 2004. They plan 8 or possibly all 10 will be in Iowa City. All the money stays local with 10% going towards developing countries. 9. Chris O'Hanlon & Josh Goding - Public Access Television - Automatic Door Opener; The PATV is seeking a grant for an automatic door opener for the Evert Conner Center for Independent Living. a) The CDBG is the first soume of money requested. No other sources have been sought. b) The Conner Center serves a population with approximately 20% having some sort of a disability. c) The money asked for is for a relatively inexpensive model of automatic door and a volunteer will be installing the door. d) The number of people the PATV/Evert Conner Center serves is difficult to pin point. The center does many things and has over 70 open case files. They also do a lot of referrals, Housing & Community Development Commission Minutes February 20, 2003 Page 4 training and speaking engagements within the community. They work on policy issues with state and local agencies. 10. Chris Bergen & Chris Kinkead - DVIP -Furniture Project; The DVIP furniture project is a simple program that collects donated furniture and distributes it to homeless individuals. The goal is to recycle the furniture and to keep it out of the landfill. a) A question that comes up every year is other available funding. Every year, except for 2003, they have applied for the Emergency Shelter Grant. The Emergency Shelter Grant has not funded new projects for a few years. They do not fund the furniture project but have funded DVIP. This is one reason it has been difficult to find funding for the project. b) DVIP does have an ongoing relationship with Americorp, the Furniture Project does not. c) DVIP provided a handout to answer questions contained in the staff report. 11. Michelle Hankes - 4 C's Rehabilitation; The 4 C's has been in the Iowa City area for about 30 years. The programs main goal is make sure that every parent can go to work or school and know that their child is cared for in a safe environment. They provide this service through education, resource referral, providing care givers with items and doing site/home visits. They are looking for building upgrades including a ramp and a lift. a) They have answered committee questions in a handout and prioritized based on importance. b) The windows are inadequate. They do not open, are not energy efficient, and some are leaking. c) There will be multiple bids for elevator and windows. d) The 4 C's owns the building. e) They serve approximately 2300 persons and about 10% need the remp/lift. 12. Valerie Kamp - Successful Living - Transitional Housing Acquisition; The applicant provides transitional housing for persons who are homeless, have substance abuse or mental health issues. a) The owner plans on selling the building, if applicant is unable to purchase facility, 21 individuals become homeless. b) The property is up for sale in July. D & K indicated their preference would be to sell it to Successful Living. c) A larger private loan would mean that there would not be money left for reserves. d) The project will not go forward if there is less money awarded. e) Hayek and Sandier noted the facility is very well maintained. 13. Linda Nelson & Diane Krumbholz - HACAP Head Start Playground; The applicant is seeking suppod to expand family resources and specifically, to install a play area at their facility. Their current playground is a fenced in parking lot with no shade. Volunteers have raised funds through chili suppers, fundraisers, and contributions from the community. a) The volunteer budget in the application is for projects that staff and volunteers are able to complete. Examples are moving and filling planters with flowers, to move and rebuild a sandbox, and to complete a mural on the back wall. b) Jf awarded par[iai funding the project will proceed but it would not be completed this year. 14. Danielle Thompson - Eagles Flight Inc.-Hannah's Blessing Daycare Building Improvement; The applicant is a daycare that provides dependent care to Iow-moderate income households. Their budget has been revised since application was submitted. a) Their revised budget is due to the award of a Johnson County Empowerment grant. They request to reduce their request from $29,000 to about $14,000. b) They will be opening before August. Their target opening date is April 30, 2003. c) The applicant does have an initial list for clients. d) They have requested a tax exemption from the Assessor. The Assessor has denied their initial request, as they do not view the business as a community service. Applicant is appealing the decision. e) The delay in opening has been due to increased costs. They had many unexpected costs at closing, including water problems, city building code modifications, a radon inspection, and flood insurance costs of $1600.00 per year. Housing & Community Development Commission Minutes February 20, 2003 Page 5 f) All improvements have estimates. The facility needs a fence, smoke detectors, and a retaining wall. g) The center will care for 29 children now but could modify and accept up to 35. h) Hills Bank declined their loan application because the equity is all in an Iowa City Lien. The facility is also not currently generating income. 15, Danielle Thompson - Eagles Fight Inc. - Hannah's Blessing Daycare Operational; a) The applicant will not need the $800.00 CDBG for utilities. Committee suggests applying to CDBG ED committee - creating 1 job. b) DHS license and public health have given preliminary approval, as they do not actually license until business has been open for 180 days. c) DHS and Department of Public Health have approved the facility. 16. Carol Spaziani -Compeer Program; The program reaches out to persons with Severe Mental Illness (SMI) and connects them with a trained volunteer to encourage and support participation in community activities, a) They hope to continue the project without CDBG, the board is very committed to continuing the Program. They would like to obtain other sources of funding. b) The Robert Wood Johnson Grant is unsure at this point. The initial $25,000 was for July 02- Dec03 and contingent upon the program funds exceeding the initial grant. The $10,000 Johnson County end-of-year- money received must now be repaid and they are unsure of repayment schedule. The purpose of the CDBG grant is to fund the half-time director's position. c) Applicant operates on a Big Brother/Big Sister operational model. The role of the half-time director is to match adult volunteers who are not in the mental health system as friends to the persons with severe mental illness. d) Applicant receives many referrals from several Iowa City agencies. 17. Joan Vandenberg - Mark Twain 21st Century Community Learning Center; The program is about extending the school day and school year to do more after school activities for Iow- income students. This program allows the students to build academic skills and also provide daycare for Iow- income working parents. a) The program is currently applying for a 21st Century grant through the Department of Education ($150,000/year for 5 years). b) If the Learning Center is not funded, the program will continue but in a much smaller capacity. Applicant would have a mini program with a half time director and recruit volunteers. The program would have less academic youth development activities. Another alternative would be to provide scholarships for children on the free/reduced lunch program, but do not qualify for Title XX. The cost of the scholarship is $125.00/month; they could provide scholarships for 12 kids for 12 months. There is currently a fee-based program at Twain, but it has a hard time staying viable because most of the families can't afford the cost. c) There are many children from homeless families at Mark Twain, and they would receive preference. d) The number of children assisted is listed as 261, this means that all students would be assisted at some level. But, there is a core group of about 70 students that would receive assistance every day, that being before/after school care, summer and some evening enrichment programs. e) The Federal Grant applied for does not require a funding match but the addition of City funding would strengthen their application and make it more competitive. The Federal Grant will be awarded in May. f) This program is currently designed for Mark Twain Elementary where 62% of the students are eligible for the free/reduced lunch program. If successful, future applications may be submitted for additional schools that meet the program's criteria in Iowa City. 18. Christina Canganelli & Karl Dixon - Shelter House - Property Acquisition; The applicant is asking consideration for expansion or addition of facilities to meet the increasing needs for homeless persons. Housing & Community Development Commission Minutes February 20, 2003 Page 6 a) The applicant does not have a completed feasibility study. A series of focus groups were done and they have given their concerns, insights and commentaries on the needs of the homeless. There are over 4 hours of videotape from these focus groups. b) An appraisal has been done and it is accessed at $ 242,000. Canganelli feels this number is high and they are hoping for $200,000 to $225,000. c) The architect and contractor have given rough estimates for project. Canganelli is hoping for more donations and work to be done in-kind. d) The cost of the land may appear high but after looking at adjacent properties with help of City staff, the cost is actually lower. e) A site has been identified for the new property and a purchase agreement is in place. The closing for this land is September 2003. f) The school district for the new property is now Mann but would move to Twain or Grant Wood. Students would be able to attend the school previously attended before entering the shelter. g) If fewer funds are granted, the project would have more to money to raise. 19. Christina Canganelii & Karl Dixon - Shelter Coordinator; The applicant is seeking to expand staff and capabilities with the current system to provide improved service. a) All the clients served by the Shelter house use other community or public resources. Approximately 90% participate in in-house counseling. Action plans are developed for clients in order to become self sufficient and referrals are made to connecting services. b) About 85-90% of the coordinator duties are direct service to the clients. Other duties include administrative work and outreach programs. c) They currently have 24 hour M-F staffing, and during the day they have 2 full time counselors who are working with individuals at the shelter. The development of staffing has been very important and a priority they hope to continue. If other financial resources are not available, they are looking to other means to keep the positions. They are participating in several benefits, fund- raisers and will piece it together as best as they can. d) The STAR match for FY04 is actually starting in September 2003-August 2004. For that year they are committed for providing a match of $106,000. The Federal grant has been awarded, Goodwill and Shelter house have committed, and they are waiting to hear from MECCA. If the match is not done, they will lose everything. 20. Christina Canganelli & Karl Dixon - Shelter House-John Thomas Deposit Assistance Program; a) The applicant has copy of landlord agreement regarding recaptured funds. There is a disclaimer for the Shelter House. b) Recaptured funds will continue to be returned to the deposit program for future use. The recaptured funds are not shown on submitted budget, questioning if there will be a revised budget. c) The STAR program has a resource for deposits and is available only to STAR clients. d) Applicant needs Council approval for the grant, instead of a 1% COL the Council requests for housing projects. Applicant provides deposits of approximately $100 to households transitioning out of the shelter or to homeless households in need. Administratively it would be difficult to track the renter and collect the funds once the renter leaves the unit. Applicant does not have the capacity to track and monitor all clients receiving the initial assistance. e) Other donations are not contingent upon CDBG funding/match. Applicant recently received $1000.00 from FEMA, to be used for 1 month s rent. They also have designated donors that are interested in contributing to special projects with a specific purpose. Different civic or religious groups are also interested in helping with specific fund raising causes. f) The program has 30% Shelter House clients. This program allows people to move out of the Emergency Housing Project (EHP) faster. They also get many referrals from DVIP, MECCA, Successful Living and HACAP. g) The rate of recapture is Iow; therefore it is not likely the program can be self-sufficient. 21. Karen Kubby - Emma Goldman Clinic; The applicant is seeking to make improvements to their existing medical facility. a) The applicant understands that all improvements must be done through a public, competitive process and has conveyed this to potential vendors and contractors. Housing & Community Development Commission Minutes February 20, 2003 Page 7 b) The applicant understands they would need to seek Council approval to not enter into a conditional occupancy loan. The items requested for funding will depreciate. They will lose value and need replacement, therefore the applicant prefers a declining balance loan or forgivable grant. c) Their budget has been revised. The flooring estimate was reduced due to an in-kind commitment from a flooring vendor. d) The energy efficiency program they want to include would save 18.5% annually. e) The flooring is a very high priority. They especially wish to change the flooring of one particular area in order to properly clean and sanitize. They would be willing to trade-off the proposed new exam table in order to improve the flooring, which they feel is a higher priority. f) The facility serves 6000 clients per year plus walk-ins and family support people. 22. Sandy Pickup - Free Medical Clinic - Case Management; a) The budget funds for the Case Management Program are primarily from in-kind services, medicines and lab tests. The budget does not allow for operational expenses. b) The program is currently funded in part through CDBG funds. The remaining funds are from pharmaceutical companies, donations from churches, and reserve funds from the clinic budget. c) The program will continue without the CDBG funds. Patient care is the priority of the clinic and they try to ensure the same quality of care regardless of the budget. d) Pickups job has recently been altered to include grant writing and fund-raising to ensure the clinic can continue to provide care. 23. Tracy Hightshoe - City of Iowa City-Downpayment Assistance Program; The City has had a down payment assistance program intermittently since 1994. a) The noted Iow expenditure rate is because the City had used a private lender for the program from 1996 until approximately 2001. The private lender went through four reorganizations and had difficulty spending down the money. In 2001 the City took over the program and has since spent down the funds available to approximately $10,000. b) The program assisted 11 households last year with an average assistance of $3,000.00 per household. c) The greatest program barrier currently is lead-based paint. Due to federal lead-based paint regulations, if a house is built before 1978, the house must be tested and mitigated for lead. The testing is very costly and the program does not have the funds to mitigate any lead problems discovered. Thus, the program has been amended so that only homes built in or after 1978 are eligible. d) ff the program experiences difficulty spending down funds due to a 1% conditional occupancy loan, applicant will seek Counoil approval for modification. Adiournment MOTION: House moved to adjourn the meeting. Sandier seconded the motion. All in favor, motion passed. (9-0) ****Next meeting is scheduled for March 13, 2003 at the Senior Center. FINAL/APPROVED MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY~ OCTOBER l0t 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. bo 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. 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 restrichon 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 Nichols, 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 she received from the Post Office. 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. 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. 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. 2 do 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. Gurnett 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 Gurnett 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 Gurnett lease is for three years, O'Neil said he thought the change should be included in this lease. Rohnett asked if the Risk Manager could meet with the Commission to explain the insurance? Ellis said this 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 Gumett 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 thc 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 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. 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. 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. 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 ifa 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. 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 5 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 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. 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 6 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. Ifa 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. Robnctt 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 there 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: The meeting was adjourned at 9:40 p.m. Mark Anderson, Chairperson 8 FINAL/APPROVED MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY~ NOVEMBER 14~ 2002 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Mark Anderson, Alan Ellis, Baron Thrower STAFF PRESENT: Sue Dulek, Ron O'Neil CALL TO ORDER: Chairperson Anderson called the meeting to order at 5:47 p.m. APPROVAL OF MINUTES: The minutes of the October 10, 2002, Commission meeting were approved with two corrections. On page 2, paragraph 4, Nichols was misspelled. On page 2, paragraph 4, Dulek received another address from the Post office, not from Nichols. AUTHORIZATION OF EXPENDITURES: Mascari made a motion to pay the bills. Ellis seconded the motion. Mascari asked what the repair bill was for the NDB? O'Neil said it was for parts and repair. Mascari said he thought the Commission had decided not to maintain the NDB if any significant repairs were needed. O'Neil said the Commission had not made that decision. He will bring the issue to the Commission before making any other significant repairs. The motion passed 4 - 0, with Robnett being absent. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: Aviation Commerce Park 1. Iowa Realty November report - Tracy Overton introduced his boss at Iowa Realty Commercial, Scott Byers. Byers was invited to the meeting to answer any questions the Commission had about the leasing market. Overton said he was still negotiating with the possible tenant for lot #17. He said he was hopeful to receive an offer on another lot on the north side of Ruppert Road. Overton said there has been discussion with a potential tenant for one of the lots on the south side of the road. There is an interest in the lots from a sales perspective. Mascari asked Byers what has changed from the original presentation made a year and a half ago that has made it more difficult to lease the property? Byers said there were several factors. One was the interest rates. Commercial interest rates are down so much that buyers are willing to borrow money to purchase instead of lease. Land leases are not the norm in the Midwest. People would rather own property, rather than lease. Also, the downturn in the economy has had a chilling effect on the market. Mascari said he has read that construction and real estate has not been affected by the economy. Byers said that is true for single-family residential, not commercial. Ellis o asked what hasn't been done yet to market this as aviation property. Byers said that they have targeted the regional market, but have not tried to attract buyers on a national level. Byers said they are open to suggestions. He said he doesn't know how effective a national advertising campaign would be. Ellis said he thought the Commission knew going into this project that it was a five to ten year project. Byers suggested a longer-term lease might be beneficial. He said he thought it would be helpful to have a 99-year lease. He said the Commission should explore having the area designated a TIF district. The Commission discussed advertising costs with Byers and Overton. Overton said that even if they could attract an aviation business to locate on one of the south lots, the Commission would have to have funding to construct access to the runway system. Other issues - Because the lending rates have dropped, Ellis suggested the City should look at refinancing the bonds used to pay off the infrastructure. Ellis said he still preferred not to sell any property. He said that needs to be discussed with the Council. Mascari said he thought the Commission's decision to look at selling the property was a big factor in the Council's decision not to move forward to get rid of the Commission. Thrower said one of the reasons the Commission invited Byers was to give the Commission some new ideas for marketing the property. Byers said his marketing based on selling the property was new because the Commission had only recently given them direction to sell the parcels. Thrower suggested Overton and Byers present a marketing plan to the Commission next month. Overton said that until they officially are given to permission to sell, he would not be comfortable marketing the property for sale. Dulek said the sales agreement would be between Iowa Realty and the Council, not the Commission. Ellis said this should be a major topic when the Council/Commission subcommittee meets. Byers said he feels the sale or lease options will give them a more level playing field. Dulek said there has been no response from Rob Nichols on lot #10. His lease will terminate at the end of November. Ellis said the Commission should pursue the back rent owed to them. Mascari wanted to know where the Commission was in relation to the FAA waiver to sell the property? O'Neil said the plat has been revised and was on Planning and Zoning's schedule. It would then go to Council. O'Neil said changing the south property line was the major FAA objection. O'Neil said he and Overton met with a contractor that has a large amount of fill dirt to dispose of. He would sell it to the Commission for about $1 per cubic yard. Overton said a few cents per square foot could be added to the selling price to pay for the fill. O'Neil said he has discussed this with the City Manager. O'Neil said there is a project at the University of Iowa th~tt may have some free fill material. O'Neil said that if the free fill is not available, the Commission should negotiate with the other contractor. The contractor said he would not charge the Commission until the lots were sold. The Commission directed O'Neil to negotiate for fill material for the ACP. A landowner by outlot B would like a long-term easement from the Commission for the property that borders his. In exchange for the easement, he would maintain the Airport properly and provide landscaping. The easement would allow him to expand his parking lots. O'Neil will put this on the agenda for a future meeting. bo Environmental Assessment - Dick Blum, from H.R. Green, said the EA is going forward on several fronts. One of the next tasks is to do several soiling borings to look for archeological remains. He said some areas of the Airport would need to be temporarily closed while the soil sampling is being done. c. Airport Layout Plan - Blum provided Anderson with four copies of the ALP for him to sign. They will then be forwarded to the FAA. Ellis said the FBO would need to know when the drilling is scheduled. Blum said the approach slope on Runway 25 will be shown as 34:1. He said a localizer is shown on Runway 07. Mascari said there had been some discussion in the news media about whether or not Dane Road needed to be closed and he asked Blum if he would explain why it is being closed? Blum said that Dane Road is on the western part of the ALP. It runs through an area west of Runway 07, a little over 700' from the current runway end. It goes through the Obstacle Free Area and through the localizer critical area. The localizer is for the precision approach on the approach end for Runway 25. Blum said not closing Dane Road would functionally reduce the length of the runway. The runway threshold on Runway 25 in being displaced because Riverside Drive is within the Obstacle Free Area. The amount it is being displaced on the east end is being added to the west end. If Dane Road is not closed, the published length of the runway would be much shorter. The published length is one of the things pilots look at to determine if they can safely land in Iowa City. Mascari made a motion for a resolution to accept the Airport Layout Plan update. Ellis seconded the motion. At roll call vote, the motion passed 4 - 0, with Robnett being absent. Obstruction Removal project - Dean Beranek and Cathy Weikel, from Stanley Consultants, presented information concerning the project. Weikel said they had reviewed the original list of obstructions. She said they did a field survey of all of the obstructions and plotted them on a map. Several obstructions were eliminated from the original IDOT list. The list is reduced to about 70 obstructions from the original list of 160. Beranek said photos were taken of all the obstructions. He had a notebook with all the photos available for the Commission to review. Weikel said that in some areas, the obstruction list listed "tree". In some of those areas, there are multiple trees that are obstructions. Depending on the height of the tree, it will probably have to be removed instead of trimmed. Beranek said that he found that some of the obstructions were already lighted. He said he would assume that if they already had lighting, that they meet FAA lighting standards. Mascari wanted to know if there were any obstructions that can not be fixed. Beranek said there were no obstructions that could not be mitigated, assuming the Commission had enough funding. The Commission discussed several obstructions, including the Old Capital Building, the flag pole on the Johnson County Courthouse, and the sign and lights at Hargrave-McEleney. 3 eo f. Beranek said there are some legal questions that need to be resolved. The Zoning Ordinance needs to be interpreted by the City Attorney's office. O'Neil said Stanley should provide a list of the prioritized obstructions, including mitigation costs and a list of the owners of the obstructions. There was discussion concerning the United hangar. O'Neil said the building is considered an obstruction. The question is whether the building will be moved or demolished. Mascari wanted to know how far south it would have to move before it would no longer be an obstruction. Beranek said he would try to calculate that. O'Neil asked that Stanley get the revised obstruction list to him by December 9. Building E, meeting room policy- Terry Kruse, from the Civil Air Patrol, introduced himself and two other members of the CAP. He said they had an interest in the meeting room because they have been using it for their monthly staff meetings. He said he had no problem with the new policy except for the security charge for meetings after the normal building hours. He was hoping the Commission would wave the fee or allow them to supply their own security for locking the building. He said he would also like to discuss establishing a wing of the Civil Air Patrol in Iowa City. Kruse said Iowa City is centrally located in their region. One of the members is a police officer and could provide building security. The Commission discussed what type of security person would be accepted to make certain the building is locked. Some of the suggestions were someone who was bonded, a sworn officer, or military personnel. Kruse said the role of the CAP is changing and may be more involved with Homeland Defense. He said they have trained in Iowa City and would like to discuss locating the CAP wing in Iowa City. The Commission was in agreement that this should be pursued and they would see what it would take to provide a permanent home for the CAP. O'Neil and Dulek will amend the proposed policy and have it on the agenda for the next meeting. Gurnett lease - Anderson said that the only item left in question was the premise Iiability insurance. O'Neil included an e-mail from the City's Risk Manager that said the insurance language had been resolved. Mascari made a motion for a resolution to accept the three-year lease with Don Gurnett. Thrower seconded the motion and at roll call vote, the motion passed 4 - 0, with Robnett being absent. Strategic planning - subcommittee report- Thrower said there is a proposal in the packet from Airport Business Solutions to assist the Commission with strategic and business planning. He said he thought the proposal was complete. The cost to the Commission would be $15,000. O'Neil said he discussed the proposal with the City Manager. O'NeiI said the Commission has budgeted in the FY 2004 budget for consulting fees for the strategic plan, but that budget does not begin until July 2003. O'Neil said the Commission wanted to have a draft plan completed by February 2003. Mascari suggested requesting the money from Council so the Commission could get started right away. Thrower said he has discussed this with the Mayor and the Mayor is aware that the Commission would need funding for the project. Anderson will send the Mayor a letter, requesting funding. CHAIRPERSON'S REPORT: Anderson said he read an article about an airport in Colorado where the community received a large grant for projects at the airport. The main focus of the article was how important a general aviation airport is to a community. Dulek suggested sending a copy of the article to the City Manager to put in the Council packet. Anderson asked O'Neil if he knew the grounding cable was broken on the 100LL pump? O'Neil said it had been repaired recently. He would check tomorrow to see if it was broken again. Anderson asked about lights for the wind tee? O'Neil said the Commission would need to install a new line if they wanted lights at the wind tee. The old line is grounded out somewhere. COMMISSION MEMBERS' REPORTS: Ellis said a study was just published that reviewed the economic value of general aviation. It shows the value of the time lost waiting for commercial service flights, as opposed to using general aviation. In Iowa, that amounted to over $23,000,000 last year. He said some of the information in the executive summary could be sent to the City Council. Mascari said it is important to go to the Council. He thought it is important that at least two members go and the Commission should rotate members. Mascari asked who hit the keypad for the north access gate? O'Neil said he noticed it had been hit right after the contractor who is installing the fiber optics cable was finished working in that area. He has informed the contractor that he needs to fix it. ADMINISTRATIVE REPORT: O'Neil said he has had several requests for a wash area like the Commission used to provide. This was discontinued when the water line to the United hangar broke This is something the Commission may want to discuss before next Spring. Termination letters were sent to several hangar tenants that did not provide all the information needed for the October 1 lease. The City Accounting Department will begin billing for the t- hangars on November 1, 2002. Their system is not set up to charge daily interest as is required in the lease. An executive session will be scheduled at the next Commission meeting to discuss how the Commission wants to proceed with the Rob Nichols contract default. A final summary invoice and letter was sent to Double Chek for the fuel site. O'Neil said someone from Double Chek was suppose to be at this Commission meeting. The replacement filters from Double Chek have not arrived. O'Neil will hold the final payment until he receives the filters. The FAA has sent a notice, requiring all pilots to carry a photo I.D. Information about the Iowa City Airport can be found at airnav.com/airport/kiow O'Neil said he is in the process of selecting an engineering company for the Vertical Infrastructure Program grant. O'Neil said he met with Casey Cook to discuss a clarification on the appraisal for the Aviation Commerce Park. O'Neil circulated a letter from Casey Cook, concerning the cost of the last appraisal update. O'Neil said he met with Blum from H.R. Green to discuss the projects they are working on for Iowa City and to get an update on when they expected to complete the projects. O'Neil said he met with the City Manager and the Finance Department to discuss the budget proposal submitted by the Commission. As soon as the City Manager has a recommended budget for Council, O'Neil will send a copy to the Commission. The Council/Commission budget meeting is scheduled for January 28, 2003. O'Neil circulated a copy of part of the plans for the Mormon Trek South project. He explained that the project is to be bid in March 2003, with construction next summer. He said the plan called for paving up to Willow Creek, directly west of Runway 36. Grading for the rest of the road to Riverside Drive would be done with Phase 1 of the project. Grading through the RPZ for Runway 36 would meet safety standards. The rest of the road would not be paved until all the improvements were made to Runway 07/25. Mascari said the runway would not be closed and the road completed until the Runway 07 project is completed. Ellis asked if the Airport is being compensated for the Airport property where the road is being installed? O'Neil said this issue has not been discussed. O'Neil said there would be some security issues. The runway would have to be closed while construction is going on. Mascari said the FAA might require the Council to compensate the Airport for this property. O'Neil said this might be an issue the ACP subcommittee could discuss. It is an issue that is similar to land use in the ACP. Sometime in January of 2003, there will be a 300' construction crane at P & G for a few days. Jet Air is negotiating a contract with Hertz to have rental cars available at the Airport. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for December 12, 2002,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:31 p.m. Mark Anderson, Chairperson FINAL/APPROV MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY~ DECEMBER 12~ 2002 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Michelle Robnett, Mark Anderson, Alan Ellis 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 November 14, 2002, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Robnett made a motion to pay the bills. Ellis seconded the motion. Ellis commented that the Commission wanted to subscribe to the corporate membership for AAAE. O'Neil said that was budgeted for in the FY 2004 budget. O'Neil said he was hopeful to get reimbursed for the bill to CS Enterprises through the underground tank clean up insurance. The motion passed 3 - 0, with Mascari and Thrower being absent. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: ao Obstruction removal project- Cathy Weikel and Dean Beranek, from Stanley Consultants, presented information to the Commission. Weikel presented a list of the obstructions in order of priority. Obstructions for Runway 07/25 were considered to be the top priority. She said she tried to group things to be removed, such as trees in one group and poles in other group. The safety area they were in and the location to the Airport were factors in prioritizing the obstructions. Some obstructions listed as a tree were actually a cluster of trees. O'Neil said the sign and light poles on the Hargrave-McElency property needed to be moved from the bottom of the list to the top of the list. He said he would like to have those obstructions taken care of before the possible annexation of that area. WeikeI asked if them was funding to replace a smaller tree if a larger tree must be removed as an obstruction? Ellis said there is no way to anticipate how much money should be reserved to replace any obstructions that were removed. Dulek said she would review the grant to see if that would be an allowable expense. Anderson asked Weikel ~vhat the next step should be? Weikel said the obstruction list would be finalized and the o~vners of the obstructions would be contacted. She said that before the letters are sent, a meeting should be scheduled with the City Council to update them on the project. O'Neil ~vill contact the City Manager to schedule time on the Council agenda at the January 6 meeting. Robnett wanted to know if there is a list of criteria for an ILS? Anderson said the obstructions are a safety issue, whether or not the Airport qualifies for an ILS at a later date. Weikel said one of the University's power plant stacks has a light and one does not. Weikel said the FAA might not require both of them to be lighted because of their proximity to each other. O'Neil said some of the obstructions associated with Runway 07/25 could be mitigated with the runway extension project. The United hangar would be an example of an obstruction to include with the runway project. b. Aviation Commerce Park 1. Iowa Realty December report - Tracy Overton, from Iowa Realty, presented his monthly report. He said there were several potential buyers showing interest in purchasing the property. O'Neil said the FAA has required additional information for the waiver to sell the property. One of the items was to change the south lot lines to coincide with the 35' building restriction line. O'Neil said the Council passed that change on December 10. The FAA also wanted an updated appraisal. O'Neil said that has been completed. The new value is about $ 5,100,000. O'Neil said that when the waiver is granted, the property would be available for sale. He said the Commission has not finalized the sale procedures with the Council. Ellis said the Commission has not had the opportunity to meet with the Council through the ACP subcommittee to work through these issues. O'Neil said he has discussed this with the City Manager. Atkins discussed this with Mayor Lehman and the suggestion was made to have Overton amend his agreement to be able to lease or sell the property. As part of that agreement, O'Neil suggested a procedure agreement be attached. He said in the case of a sale, the offer would come to the Commission for review and comment before it is forwarded to Council. Because it is a sale, Council would make the final decision. Ellis asked what would happen if the Commission's recommendation was not to accept an offer? Ellis said he would want the Commission to be the agent for the Council to decide whether or not an offer is acceptable. O'Neil said he would hope that the Council would act in accordance with the Commission's recommendation. Robnett said she would prefer not to be an agent for the proposal. O'Neil said he is going to meet with Overton and Atkins next week to discuss the procedure for selling the property. He said he would like input form the Commission on what that procedure should be. Ellis said that is why there is an ACP subcommittee. The Council and Commission were to work the procedure out directly, not through the City staff. Anderson said he thought the Council would like City staff to work on the agreement. O'Neil suggested the Commission members tel10verton what they would like in the sales/lease agreement. Ellis said that if the Council is making all of the decisions on the ACP, why is the Commission being billed for the $1.6 million in improvements? Robnett said it is important to specify where the money from the sale of the property will go. Ellis asked if the Airport will receive the tax money generated from the ACP since the Airport is responsible for paying for the infrastructure that helps to generate that income? The Airport was to pay for the infrastructure when it was thought that the property would be leased. Now that it may be sold, what is the long-term benefit for the Airport for releasing 54 acres of airport property? Once the land is sold, it is no longer considered part of the Airport. Overton said the infrastructure makes the property a sellable asset. He said the Commission receives the income from the sale. Without the infrastructure, there is no sellable asset unless the Commission sells the property as an unimproved parcel. Ellis said he was hoping to sit down with the subcommittee and discuss the benefit of the property sale. Overton said he is putting a listing agreement together for selling the property. He said he would prefer not to be responsible for the agreement between the Council and the Commission, but he would incorporate procedures if directed to by the Council and Commission. Ellis said he could not support offers going through City staff and Overton before going through the Commission. He said that does not give the Commission any authority in the decisions. It should be between the Council and the Commission, not between the City Manager and the Airport Manager. Ellis said the sales offers should be treated like the lease offers. The Commission should be responsible for the negotiations, with the final offer going to the Council, not the City Manager. Ellis said he would like it made clear whether the Commission has any responsibility or not. Ellis said he thought the Commission should stick with what they have for leasing. If it is a sale, you add one more step, that being sending it to the City Council. O'Neil asked Ellis if he was saying that a sale offer or lease offer has to be approved by the Commission? The lease offer would stay within the Commission and if approved, a sale offer ~vould be forwarded to the Council? Anderson said he didn't know if the Commission had that authority. O'Neil said the Council could delegate that authority to the Commission if they chose to. O'Neil asked Overton if he knew how to proceed? Overton said he is going to develop an agreement that will allow for lease or sale. He needs an agreement, giving him the authority to sell the property. He said he is going to amend the leasing agreement to incorporate sales. The Council would need to agree to the sales part of the agreement. O'Neil said that when the agreement goes to Council, that is when the Commission needs to address the Council. O'Neil said that he has indicated to Atkins that the Commission wants to have the flexibility to lease or sell the property. Environmental Assessment - O'Neil said that the archeological borings were completed. The data is being analyzed. A noise model will be constructed. Most of the fieldwork is done. Anderson said that at the meeting in Kansas City, the FAA said they would like a draft of the EA by April 1. It would be reviewed and hopefully completed in time for the FAA to meet their September deadline for issuing FY 2003 grants. O'Neil said he believes the FAA ~vill consider the Runway 07 extension project as a three-year project. This year, funding will be provided for the EA, design work for Willow Creek and the Dane Road relocation. Next year, the majority of the earth moving ~vould be done. In FY 2005, funds would be allocated for the paving and lighting of the extension. Todd Madison, the FAA Iowa Planner, said that is what is programmed for Iowa City. Building E, meeting room policy - O'Neil said Dulek had reviewed the proposed policy and her comments had been incorporated. The main change from the last meeting was a definition of ~vhat would be acceptable as security for after hours. Robnett asked about liability for after hours? Ellis said if someone does not adhere to the policy, they would not lease the room again. Robnett made a motion for a resolution to approve the meeting room policy. Ellis seconded the motion. Ellis asked O'Neil if he was comfortable with the policy? O'Neil said this was the initial policy for renting the room and if it needed to be changed, the Commission could have it on the agenda at any time. He said they need to start somewhere and see how it works. Ellis said it should be reviewed annually. At roll call vote, the motion passed 3 - 0, with Mascari and Thrower being absent. Strategic planning - subcommittee - Robnett said she had not heard anything about the Commission's request for funding for a consultant for a business/strategic plan. Anderson said he talked to Mayor Lehman and the Mayor did not think the requested amount was too much. O'Neil said the request was in the Council packet but was not considered as an agenda item. Anderson said he would call the Mayor and get some time on the agenda. Ellis said that when Thrower went to the Council two weeks ago and discussed this item, the Council said that the Commission should make a request in writing for the funding. Robnett and Ellis said they considered the letter from Anderson as a request for funding. Ellis said that the Commission would not be able to make their self-imposed February deadline. Hangar leases - Units//31 and//33 - Ellis asked what the current rent was for the hangars? O'Neil said each tenant is paying $ 344.25 per month. O'Neil said the lease is the same as the one the Commission passed a month ago for hangar #34. These are three-year leases, with a rent increase of 2% per year for the three years. O'Neil said he sent a copy of the lease to the tenants and informed them this would be an agenda item. The tenants were invited to attend the Commission meeting or call the Airport Manager if they had questions or comments about the lease. He did not hear from either tenant. Ellis said the lease should be more specific on the FAA regulations that pertain to maintenance on someone's own aircraft. He would like to have the specific regulations cited. Anderson said this is all covered in the Airport's Minimum Standards. Ellis wanted to know if all hangar leases are given a copy of the Minimum Standards? He wants all tenants to know they can not bring in outside mechanics. Ellis commented that the Commission should be more specific about the disposal of waste oil and other materials. O'Neil said the language for these leases was taken from the hangar leases that the Commission passed in October. Robnett said this was not the time to rewrite the leases. Anderson asked O'Neil to send a copy of the Minimum Standards when he sends out the leases. Ellis made a motion for a resolution to accept the lease for hangar # 31. Robnett seconded the motion and at roll call vote it passed 3 - 0, with Mascari and Thrower being absent. Robnett made a motion for a resolution to accept the lease for hangar # 33. Ellis seconded the motion and at roll call vote, the motion passed 3 - 0, with Mascari and Thrower being absent. Jirsa lease - O'Neil said this was discussed at a Commission meeting two months ago. The lease for the property Jirsa leases for their parking lot ends at the end of December 2002. O'Neil said he would recommend not renewing the lease. The area leased is where the Mormon Trek intersection will be. O'Neil said that even if Mormon Trek were not being extended, he would have concerns about renewing the lease. The tenant was usually late paying the rent and he had to contact them several times. Anderson suggested continuing on a month to month basis. O'Neil will send a letter, offering them the property on a month to month lease. ho Federal Airport Improvement Program - FY 2004 - 2006 O'Neil said that although the application did not require a resolution of support from the Commission, he thought it would be a good idea for the Commission to pass a resolution. This is for the federal AlP application. The major project is the three-year project for the runway extension. Robnett made a motion for a resolution, supporting the AIP application. Ellis seconded the motion. At roll call vote, the motion passed 3 - 0, with Mascari and Thrower being absent. EXECUTIVE SESSION-IOWA CODE, SECTION 21.5 (1) (C) LITIGATION Ellis made a motion to go into executive session for the purpose of discussing pending or imminent litigation. Robnett seconded the motion and at roil call vote, the motion passed 3 - 0, with Mascari and Thrower being absent. Robnett made a motion to return to the regular meeting. Ellis seconded the motion. The motion passed 3 - 0, with Mascari and Thrower being absent. CHAIRPERSON'S REPORT: Anderson said he thought the trip to visit the FAA was productive and he appreciated the participation from the Mayor and Councilman Wilbum. He said he also wanted to comment that he thought O'Neil did a good.job managing the meeting in Kansas City. He said it was organized and they covered all of the issues on his agenda. There were several people from the FAA at the meeting. It lasted about two hours. COMMISSION MEMBERS' REPORTS: Ellis said he wanted to comment again on not letting Council/Commission issues get so far down the road that the Commission does not have time for input. He was referring to the sales/lease agreement for the Aviation Commerce Park. O'NeiI asked how it should be approached differently? Ellis said everything needs to be in writing. He said issues should be discussed directly between the Council and the Commission, not delegated to the City Manager and Airport Manager. He said the subcommittee should do the preliminary work. Ellis said Jet Air ,,viii begin renting a used 172 Cessna for about $ 75 per hour. Robnett said she seconded Ellis's concern about the communication gap between the Council and the Commission. She said there have been two requests in writing to the Council and no response has been received. There has been no response for a TIF district for the ACP and no response for the funding request for the Strategic Plan consultant. Robnett said the Commission would need to find a facilitator when the planning process begins. Ellis said there is no way to meet the February 2003 deadline for the initial draft of the plan. ADMINISTRATIVE REPORT: January 28, 2003 is the Council meeting scheduled for boards and commissions to discuss the FY2004 budget. O'Neil said he would send a copy of the budget to the Commission as soon as he receives it from the Finance Department. After the Commission submits a budget in October, the City Manager and Finance Director review the budget in comparison to the whole City budget. If there are changes from the Finance Department, the Commission can use this January meeting to explain why funding is needed for items that were reduced or removed from the budget. Robnett asked if the Commission members could get the budget on line like the City Council does? She would like to check it on a monthly basis. O'Neil will ask the Finance Department if the Commission has access. There is a letter in the Commission packet, introducing Kay Thede as a new member of the 1DOT Office of Aviation. The Airport Zoning ordinance was passed at the Council meeting on December 10. It will now go through the Johnson County Board of Supervisors. There was an application for funding for community events. O'Neil said he sent the application to SERTOMA. There are two articles in the packet dealing with airport consultants. There are two letters in the packet dealing with Dane Road. One is from the Mayor and the other is a letter from Snyder Associates, saying any alternatives should be addressed in the Environmental Assessment project. When the Mayor was in Kansas City, he asked if Dane Road needed to be closed. Jan Monroe, the Planning Supervisor, said that if the Commission intended to implement the Master Plan they had on file, Dane Road would need to be relocated and the old Dane Road would need to be closed. Anderson and Robnett will be at the Council meeting on January 7, 2003. The funding for the strategic planning and the meeting with the FAA on December 4 will be discussed. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for January 9, 2003,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 8:23 p.m. Mark Anderson, Chairperson FINAL/APPROVED MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY~ JANUARY 9~ 2003 - 5:45 P.M. IOWA CITY AIRPORT TERMINAL MEMBERS PRESENT: Rick Mascari, Mark Anderson, Alan Ellis STAFF PRESENT: Sue Dulek, Ron O'NeiI CALL TO ORDER: Chairperson Anderson called the meeting to order at 5:45 p.m. APPROVAL OF MINUTES: The minutes of the December 12, 2002, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Mascari made a motion to pay the bills. Ellis seconded the motion. The motion passed 3 - 0, with Robnett and Thrower being absent. O'Neil said the first and second payments for the obstruction mitigation were paid to Stanley Consultants. He said that since this is an IDOT grant, the Commission would need to monitor the scope of services and make sure the project stays on track. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were presented. ITEMS FOR DISCUSSION/ACTION: Mormon Trek Road project - 1. annexation - O'Neil introduced Bob Miklo, from the Planning Department. O'Neil said Miklo would explain what the City's intentions were for annexation of the area west of the Airport. Miklo showed the Commission a map, which depicted the current City boundary, the long-range growth area and the area to be included in the annexation. The Mormon Trek extension cuts through the center of the area. Mascari asked about a forty-acre parcel in the annexation area. Miklo said that was in the Runway Protection Area. O'Neil said it was property purchased from John Dane in the 1980's. Miklo said there are two kinds of annexation, voluntary and in¥oluntary. Miklo said for it to be a voluntary annexation, the owners of at least 80% of the surrounding property must agree to the annexation. He said annexation lines are drawn to avoid creating unincorporated islands of property. Mascari asked what amount of the proposed annexation property could be developed? Miklo said most of the property is identified for commercial or indus~ial development. Mascari said height restrictions might apply in the area. Mascari wanted to know if the eastern end of Mormon Trek would be near Airport property? O'Neil said that from Willow Creek east to Riverside Drive would be on the Airport property. O'Neil asked that since some of the property proposed for annexation is on Airport property, did Miklo need something from the Commission to continue? Mascari wanted to know if the FAA would have to approve of the annexation since it involved Airport property? O'Neil said that the FAA considers this a local decision and it is not relevant to them if the Airport property is in the county or the city. Miklo said the airport property that is part of the annexation would be zoned as public. Mascari said his concern was about the Airport property at the south end of Runway 36. He said the Airport property line would move north of the road and he thought the FAA would have to approve. O'Neil said the ownership is not changing and it is an area that will not be needed for future aeronautical uses. He said it is shown on the ALP and he has discussed this with the FAA planner. He said he would contact the FAA again so they understand exactly what the property is being used for. Ellis wanted to know if the City would need to reimburse the Airport for use of Airport property for a city street? Anderson said the portion of the road south of Runway 36 on the Airport would not be paved until the work was completed on Runway 7. Mascari said he recalled that Council gave the Commission an assurance that the Commission could delay having to close the north/south runway until a replacement instrument approach ~vas in place on Runway 07/25. Anderson asked Miklo if he knew anything about the Commission's request for a T1F district for the Aviation Commerce Park? Miklo said he would check on it. o Road project - Ross Spitz, the project engineer from the Public Works Department, introduced Bob Lentz, from Earth Tech. Earth Tech is the consulting firm contracted to do the plans and specifications for the Mormon Trek Road project. The bids for the project will be due in May. Spitz said the paving for Phase 1 would end just west of Airport property. He said there is also some sewer work to be done w/th the project. He said they had anticipated a March letting and finishing the project this summer. Because of the May letting, the revised plan is to pave from Highway 1 to Dane Road. Dirt will be placed all the way to Riverside Drive. Lentz said the RPZ for Runway 36 would be maintained. He said the road and sewer are sized so that there could be future development on the south part of the Airport. O'Neil said that while the contractor is moving dirt south of Runway 36, the runway would need to be closed temporarily. This will probably be late summer or early fall. Lentz said there is some sewer work to do before the dirt work is done. O'Neil said the overhead and the buried antenna for the NDB will need to be moved for the project. The ASOS may also have to be moved. b. Aviation Commerce Park (ACP) 1. Iowa Realty January report -Tracy Overton, from Iowa Realty, said the sales agreement was in place so he could sell or lease the property. The Commission is still waiting for the written confirmation from the FAA for the waiver to sell the property. Overton said he has received several phone calls after the article in the newspaper said a sale agreement had been approved by Council. Anderson asked if the tenant was still interested in Lot # 177 Overton said he has not heard from him lately, but there is another company interested in the same lot. O'Neil said he received a verbal commitment from the FAA for the waiver release and a written response should be received in the near future. O'Neil said the agreement with the Council is contingent on FAA approval. Mascari asked O'Neil if he will be tracking the sales to know when the infrastructure would be paid for? O'Neil said the Finance Director is reviewing all of the bonded debt and would provide a report on what order the debt should be paid. Ellis said it should be the Commission's decision on what debt to pay. O'Neil said he would bring the report to the Commission for review. O'Neil said there is fill being placed on the lots in the ACP. Ross Spitz has negotiated a contract to have the dirt leveled and compacted. The Commission is getting the fill from a U of Iowa construction project. There should be enough fill for at least the north side of the ACP. O'Neil said the cost of leveling the lots could be added to the sale price of the lots. Overton said the usable portion of the lot is worth $ 4.50 a square foot. He said the entire development should be worth about $ 5,000,000. Ellis asked if the price could be adjusted if the lots sold rapidly? Overton said it is in his interest and the Commission's interest to maximize the value of the lots. Dulek said the Commission is not tied to the original pricing rates. Overton said he will calculate how much per square foot the fill and compaction will cost and that will be added to the price of the lot. O'Neil said the City Manager would have a memo for the Commission that addresses the TIF request. O'Neil said one of the reasons for the long delay in a response from the Council might have been that the City's Economic Development Coordinator left and there was some delay in replacing him. Ellis asked whom the request letter was sent to? Anderson said it was sent to the mayor. Codes and Restrictions - Dulek said several City staff have reviewed and commented on the restrictions. She said there were a lot of things taken out of the original document. Because it is now a sale as opposed to a lease, other City codes, like Zoning and Building, will control the development. She said an avigation easement would be developed for the whole subdivision. Mascari said that siting the buildings on the south side needs to be reviewed so that it would meet the standards for a possible ILS. Anderson said that the design should have a preliminary review by the Commission to make certain safety issues are addressed. O'Neil said the review should be for aviation compatibility. Dulek said the Council should designate someone to review the safety issues. Anderson said that should be the responsibility of the Airport Manager. Ellis said something should be included that addresses hazardous waste handling and disposal. Ellis also asked about landscaping? Anderson said the City standards are probably extensive enough to cover anything the Commission would want. Ellis asked about controlling the lighting. Dulek said it must meet FAA requirements. O'Neil said the City requires down lighting. O'Neil said he had a couple of comments. He said he wanted to make it clear to the Commission that in the agreement, when it referred to "developer", it was referring to the City Council. Second, the air space study should be completed on FAA form 7460-I. O'Neil said the landscaping plan should have a maximum mature tree height of 35 feet. O'Neil asked the Commission if they wanted ground equipment shielded from the Airport side? The Commission said they wanted the outside storage on the south lots screened from the Airport. Dulek said the goal is to have this on the Council agenda for their January 21 meeting. Mascari made a motion to recommend the codes and restrictions, with the changes presented. Ellis seconded the motion and the motion passed, 3 - 0, with Thrower and Robnett being absent. Environmental Assessment project - O'Neil said H.R. Green is waiting for replies to the reports they have distributed to various groups. Joe Tmka is meeting with members of the State Historical Society to discuss their opinions of the historic property at the Airport. The noise modeling is in progress and should be completed by the end of the month. Obstruction mitigation project- Stanley Consultants is moving forward with the project. They made a presentation to the City Council on January 6 to explain the project and let the Council know that they will begin to contact the obstruction owners and explain the mitigation project. The Council understood the program and thanked Stanley for the update. O'Neil said Stanley would develop a notification letter and send it to some of the owners on the prioritized list. Only the property owners of those obstructions that there is money to mitigate will be contacted. e. Strategic planning - subcommittee - Anderson said the City Manager will be sending the Commission a memo concerning funding for the study. CHAIRPERSON'S REPORT: Anderson said he would not be applying for a second term on the Commission. He said he might join the AOPA's volunteer program that supplies information to AOPA about local airports. COMMISSION MEMBERS' REPORTS: Mascari said a letter should be sent to Thrower concerning meeting attendance. Thrower has missed the last three meetings. Ellis said he hoped Thrower would continue to participate. Ellis said a letter should be sent to the Finance Department, defining how the lease and sale money from the ACP should be spent. Ellis said he would like something in writing from the FAA for building Mormon Trek through Airport property. Ellis wanted to know if the parking space lines could be repainted in the parking lot? O'Neil said he had discussed that with the FBO a month ago. Since the paint is water-based, that is a project that will have to wait until warmer weather. Anderson asked if there was any feedback from the dome being at the Airport? O'Neil said he was inihally contacted by the contractor and was asked if there was any heated space at the Airport to work on the dome? O'Neil said that he told the contractor that non-aviation uses of the hangars were not normally permitted, but O'Neil felt this was a good community relations project. The Commission did not have any heated space large enough to house the dome, but he told the contractor he could contact Jet Air or Gordon Aircraft to see if they would have space. O'Neil asked the contractor not to publicize the project until after it was completed because of security concerns. The tenant is paying the Commission his regular rent while the dome is in the hangar. ADMINISTRATIVE REPORT: The Commission had asked about reviewing City budget materials. O'Neil said it is public information and is on the City's website. O'Neil said he had a request to wave the Terminal Building room use fee for non-profit groups. The Commission said they were not interested in that. June 3 and 4, 2003 is the FAA Central Region AIP Conference in Kansas City. There was a memo in the packet stating the Council agendas will no longer be sent to commission and board chairpersons. A letter was received from Rock's Roadhouse that they have agreed to lease the Airport property for their parking lot on a month to month basis. The applications for the open seat on the Commission are due January 15, with the appointment being made at the January 21 Council meeting. The Council/Commission budget meeting is scheduled for January 27 at 6:30 p.m. O'Neil distributed a copy of the budget, as Council would review it. O'Neil explained a couple of changes in the budget that was presented by the City Manager to the Council. O'Neil said the Civil Air Patrol would like some office space at the Airport. O'Neil said he has discussed this with Jet Air. He said he may be able to negotiate space in Building D for airport operations and the CAP could use the space he is using in Building G. O'Neil said he told the CAP they might need to pay rent, utilities at the very least. O'Neil asked the Commission if they wanted him to pursue this? The consensus of the Commission was to negotiate whatever use of the space he thought would be best for the Airport. SET NEXT MEETING: The next regular Airport Commission meeting is scheduled for February 13, 2003,at 5:45 p.m. ADJOURNMENT: The meeting was adjourned at 7:17 p.m. Mark Anderson, Chairperson MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 12, 2003 CIVIC CENTER - EMMA J. HARVAT HALL Approved MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Mike Paul, Vince Maurer, Dennis Keitel, Carol Alexander, Eric Gidal None John Adam, Sarah Holecek David Thompson CALL TO ORDER Chairperson Mike Paul called the meeting to order at 5:05 P.M. ROLL CALL Paul, Maurer, Keitel, Alexander, Goodall present. CONSIDERATION OF THE JANUARY 8, 2003 BOARD MINUTES Motion: Maurer moved to approve the January 8, 2003 minutes. Keitel seconded, The motion passed 5 - 0. SPECIAL EXCEPTIONS EXCO3-00001 - Public hearing regarding an application submitted by Progressive Care for a special exception to share parking between two lots in the Medium-Density, Multi-Family (RM-20) zone at 603 Greenwood Drive. Adam stated that the applicants wish to share parking but cannot without a special exception. The property currently contains two structures and two parking lots connected by a common drive. The property owner intends to subdivide the property and sell the nor[hern parcel with its structure. In order to comply with frontage standards, the planned lot lines will pass through the parking lot of the property intended for sale. The purpose of the exception is to obtain the right to share parking before dividing the property. Adam reviewed staff analysis of the application and issues that will arise with proposed exception. He also provided a staff recommendation that the EXOC-00001, an application for a special exception to permit off-street parking on a lot separate from the use served be approved with the following provisions: A sidewalk shall be constructed safely connecting the parking lot at 603 Greenwood Drive to the lot at 605 Greenwood Drive. The use of the gravel parking lot in the back of Greenwood manor shall be discontinued unless and until the parking lot is paved to comply with the City Code. A fence, wall or similar barrier shall be built to prevent the gravel parking lot unless and until the parking lot is paved. 4. The dumpsters on both lots shall be enclosed. 5. Right-of-way trees shall be provided at 603 Greenwood Drive. Iowa City Board of Adjustment Minutes February 12, 2003 Page 2 Public Hearing Opened No one presenting. Public Hearing Closed Motion: Keitel moved to approve EXCO3-00001, a special exception to share parking between two lots in the Medium-Density, Multi-Family zone at 603 Greenwood Drive with mentioned provisions: a sidewalk constructed connecting the two lots; the use of the gravel parking lot discontinued unless paved; a fence built to prevent access to the gravel parking lot until the lot is paved; the dumpsters on both lots enclosed; right-of-way trees provided at 603 Greenwood Drive. Goodall seconded the motion. Motion passed 5-0. EXCO2~00022 - Public hearing regarding a correction of fact for a special exception that was decided by the Board at its December 11,2002 meeting. Adam provided an overview of the exception that was approved on December 11,2002. David and Nancy Thompson were granted a special exception to permit dwelling units above the ground floor of a commercial use at 1120 North Dodge Street. The Board concluded that a hedge for screening and buffering should be placed outside a future utility easement to ensure uninterrupted growth. The applicants have asked the Board to reconsider the decision because the easement was referenced as a ten-foot easement when it will be, in fact, only five feet wide. Aisc, the applicant wants to provide a handicapped parking space in front of the business entrance because of the nature of the business, prosthetics. The addition of a handicapped space will not conform to the condition that the screening shrubs be kept out of the utility easement. Adam provided a Staff recommendation to amend the prior decision to allow plantings within the easement following the planned improvements to North Dodge Street. Aisc, the applicant doesn't need to provide a handicap parking space given the small size of the parking lot, but given the nature of the applicants business, a handicap space would be beneficial. Public Hearinq Opened David Thompson identified himself as the applicant. He stressed the importance of a handicapped parking space for his business and had worked with the City Planner earlier and had not learned of a problem with the easement and plantings until recently. He feels it's a reasonable alternative and compromise to place the planting buffer on top of the utility easement. Paul agreed that the addition of a handicap space is vital to the operation of the business and asked for any other questions. Paul thanked Thompson. Public Hearinq Closed Motion: Goodall moved to accept the Staff recommendation that the December 11, 2002 decision regarding EXCO2-00022, a special request for a special exception to allow dwelling units above a ground floor commercial use in the Community Commercial zone at 1120 N. Dodge Street be amended to read "5-foot-wide permanent utility easement". And to amend the provision placing the buffer outside the utility easement to read "...the provision of a five-foot-wide area planted with shrubs no less than four feet on center and attaining a mature height of no less than three feet between the parking lot and the five-foot-wide utility easement, except for the area directly in front of the house, where the buffer may be planted an top of the utility easement". Keitel seconded the motion. Motion passed 5-0. OTHER None. Iowa City Board of Adjustment Minutes February 12, 2003 Page 3 BOARD OF ADJUSTMENT INFORMATION None. ADJOURNMENT Motion: Goodall moved to adjourn. Maurer seconded the motion. Motion passed 5-0. The meeting adjourned at 5:35 PM. Board Chairperson Board Secretary data on cityntlpcd/min/bcalboaO2-12~3.doc MINUTES IOWA CITY HUMAN RIGHTS COMMISSION LOBBY CONFERENCE ROOM 410 E. Washington St. January 28, 2003 FINAL/APPRO MEMBERS PRESENT: Lisa Beckmann, Nick Klenske, Keri Neblett, David Shorr, Alice Mathis, Billie Townsend MEMBERS ABSENT: Paul Retish, Bob Peffer, Rick Spooner STAFF MEMBERS: Heather Shank, Anne Burnside CALL TO ORDER: Meeting called to order at 7:00 p.m. APPROVAL OF REGULAR MINUTES: Beckmann asked for approval of or any changes in the minutes from the December 17th meeting. Under the heading of MLK Celebration no one could fill in the blank for the name of the person that seconded the motion made by Peffer. Under #8 Report of Commissioners, Neblett had no report and in place of her statement it should have read Page. Under breakfast surveys change the first sentence from Warren to Beckmann speaking. Motion to approve amended minutes by Neblett and seconded by Beckmann. Motion: Minutes unanimously approved. APPROVAL OF EXECUTIVE SESSION MINUTES: Beckmann would like to wait on minutes to be road and approved at a later time. RECOMMENDATIONS TO COUNCIL: None. INTRODUCTIONS OF NEW COMMISSIONERS: Billie Townsend and David Shorr introduced themselves to the Commissioners. Nick Klenske was reappointed to the Commission. Commissioners also introduced themselves to new members. Alice Mathis came in later and all members introduced themselves to her. ELECTION OF OFFICERS: Beckmann asked for nominations for Chairperson and Vice Chair of the Commission. Neblett made a motion to nominate Beckmann for Chairperson. Motion seconded by Townsend. Motion approved unanimously. Beckmann then asked for nominations for Vice Chairman. Neblett made a motion to nominate Retish, seconded by Townsend. Motion passed unanimously. GUEST SPEAKER-JOHN-PAUL CHAISSON ON DISPROPORTIONATE MINORITY CONFINEMENT (DMC): Chaisson explained that this issue had come up because they had received a grant from the Office of Juvenile Justice to become a disproportionate minority confinement resource center for Iowa. Chaisson was assigned to Scott and Muscatine Counties. He further stated the phrase disproportional minority confinement is really looking at the disproportionate number of minority youth in the juvenile justice system in Iowa. Iowa is one of the worst states in the nation for that disproportion. Some counties have approximately 200-300% over representation of minority youth in the system. In Johnson County the numbers aro high also. One thing Chaisson wants to do is bring this issue to the attention of the Commission. He stated that the citizens in Johnson County tend to think of themselves as a very collective and open-minded but this issue is affecting residents here. It's a national issue with local repercussions and he would like to work at "home" in regards to this issue. Beckmann asked him how the Commission could help and in what way? He stated that he thinks this is an issue that everyone should be aware of and he believes it needs to be addressed. Chaisson currently sits on the Jail Space Task Force and feels that the committee is not taking the minority issues into account. When he looked at the youth issues, he saw the potential repercussions of the disproportionate minority confinement locally and nationally. He understands that the Commission has a limited amount of time and money to be able to investigate, but it should be aware of the problem. It is through awareness that things change. Chaisson spoke of a conference on this issue that took place last fall and the number of people who attended, including 17 judges. He further spoke of a facility that was built in Portland, Oregon for juvenile offenders. In the last seven to eight years the facility closed many beds as they turned their numbers around. After they dealt with the issue of minority confinement they also dealt with the number of people that were actually incarcerated or detained, youth overall. He said that statistics were a warning sign not only for minority youth, but also for youth in Iowa that there was a problem. Shorr inquired of the judge's views at the conference. Chaisson said that the judges were very enthusiastic about what they learned. Evaluations from the conference are available on line. Shank asked if there were tapes available and he said yes. Chaisson stated that another conference is scheduled this fall in Altoona. He added that the web site shows the counties that have successfully dealt with this issue in the United Stated and the steps that were taken to change their statistics. There are also some interesting articles under the heading of research. Chaisson thanked the Commission for being co-sponsors of the Latino Conference last April. He said that the past conference was very successful and he hopes to continue to build bridges between the Latino community and African American youth, especially around the issue of DMC. There will be a link on the web site soon so Commissioners can sign up for committees and or presentations. Beckmann asked when the Commission would be contacted regarding co-sponsor again. Shank stated that she looked at the minutes from last meeting and the Commission voted on this issue at the last meeting. It could not be determined, however, which Commissioner had seconded the motion. The Commission decided to vote on the issue again. Beckmann asked for a motion that the Human Rights Commission co-sponsor the Latino Conference in 2003. Motion made by Shorr and seconded by Klenske, motion passed unanimously. SCHEDULE SPECIAL MEETING-February 11th, 2003 at 7:00 p.m.: Beckmann stated that the purpose of the meeting scheduled on February 11 is to talk with the Human Rights lawyers and the attorneys from the City Attorney's office that work with the human rights cases. Shank indicated that the topics will include probable cause decision-making, the case law as it pertains to the cases, and how to apply the law to the facts that are gathered during the investigation. She added that thero will also be a discussion of the process used by other Commissions in Iowa. Beckmann asked if this meeting was pursuant to the questions raised at the Commission meeting in December. Shank said yes. In December the Commission asked whether it had options available if members did not agree with the law that led to the decision of the attorneys. Shank stated that many times the lawyers don't agree with or "like" the law either. Beckmann asked how many people would be able to attend the meeting. Initially Beckmann thought she could not attend due to a prior commitment, but the rest of the Commissioners thought they would be available. Later in the discussion Beckmann indicated she would try to make other arrangements and be at the meeting. NEW BUSINESS: Beckmann read an e-mail from Courtney Beck that Shank received. Beck asked the Human Rights Commission to participate in a Peace Fair organized by the group called Iowans for Peace at the Iowa City Public Library on February 16th, from 1-5 p.m. Beckmann asked if the Commission wanted to participate and to what extent? Burnside said that this will be a large event and that there are a couple of major groups that are very active in the peace movement and they will be at this event. Beckmann was concerned the Commission's participation would be in conflict with the law or the government's view. Shank told Beckmann that there was nothing wrong with the Commission having an information table at the event. Shank was unsure of what Beck meant when she said the Commission could have a table and engage in a "peace activity." Beckmann spoke of the humanitarian crisis that would result if the United States did go to war. Beckmann felt that the Commission could make the statement of peace as opposed to war because of the crisis that would occur for the people in Iraq. Klenske wondered whether the credibility of the Commission would be affected by participating in the event. Shank said that people could perceive that the Commission wanted peace or wanted to give out educational information. Burnside suggested that if the Commission attended the members could wear a badge that designates them as members of the Human Rights Commission to show support. Beckmann didn't think that we had to do a specific peace activity. Beckmann indicated that the Commission had not been asked to co- sponsor the event. Mathis wondered what the peace activity could be? She thought of themes around the idea of humanity or children. Mathis thought the organizers wanted the Commissioners to create its own activity but Beckmann thought there was going to be one big group activity. Townsend wondered what the other groups planned to do and she expressed her belief that the e-mail was really vague. Beckmann offered that we could set up a table and have Shank find out what exactly what the organizers were looking for and if the table was inappropriate the Commission could withdraw. Motion made by Beckmann to provide an information table for this event, and then the Commission will receive more information from Shank regarding the type of peace activity planned by the organizers. Motion seconded by Townsend. Beckmann asked for volunteers to sit at the table. Mathis will be at the table from 3 to 5 p.m. and Shank will be there from 1 to $ p.m. OLD BUSINESS: Commission sponsored events-volunteer- Beckmann stated the Commission had to decide whether members needed to be present for the events that it co-sponsors. Beckmann feels that it is a nice thing for the Commission to co-sponsor events but it's better for Commissioners to be present. She wants to have at least one person attend future Commission sponsored events. Mathis asked about the kinds of events the Commission has co-sponsored? Beckmann replied that the Commission sponsors a variety of things at least once or twice a month and she provided examples. Shank said that there have been some really terrific programs that have taken place over the years that the Commissioners did not attend. She further stated that the Commission is either represented there by name or it gives financial support. Beckmann reiterated that the Commission really should be present at the events sponsored by the Commission. Beckmann stated that she would keep a running tally of who attends so that no one has to shoulder the burden. Shank mentioned that the Commission also had an obligation to think of future programming. Townsend requested a list of the usual events the Commission sponsors so that it can choose beforehand which events 11. 12. to attend. Beckmann stated that some times the Commissioners get very little notice of programs. There are, however, a few "planned" yearly events. Motion made by Klenske to have at least one Commissioner at each co-sponsored event, seconded by Shorr, motion passed unanimously. Cultural Diversity Event-February 23-volunteers- Shank stated that the Commission received permission to set up an information table at Cultural Diversity Day. Set up time is at 9:00 a.m. on Sunday February 23 but the Commission needs to be at the table by 11:00 a.m. The event will run from 11:00 to 5:00 p.m. Klenske will be at the table from 11:00 to 2:00 p.m. and Townsend will be present from 2:00 until 5:00 p.m. Job Skills event-March 4th at Eastdale Mall-The goal of this event is to help people draft r6sumbs, fill out applications, gain interviewing skills, learn about cultural differences, etc. A planning meeting with Joan Murrin is scheduled for February 4% Shank explained that all of the volunteers will receive packets of information including resume documents, applications, etc. Also sign up sheets will be put in the Broadway and Pheasant Ridge Neighborhood Centers so planners can get some estimate as to how many people will attend. A follow-up program to assist people that have started a r6sumb or cover letter and need assistance in finishing it up will provided. Shank further shared that at the end of the month there will be something referred to as Career Corridor, which is a job fair, attended by employers. It is for this reason the job skills event is so important. Beckmann and Shorr volunteered and Retish will also be in attendance for this event. HR Breakfast: (1) Memo from Phil Jones; (2) Young person award; (3) Date-September 25; (4) Keynote speaker-ideas? Beckmann stated that this issue would be deferred until Retish is in attendance. Beckmann asked for Commission members to be thinking of a keynote speaker for the breakfast and that we will discuss it further next month. Beckmann explained about the history of the breakfast and the various awards for the benefit of the new Commissioners. REPORTS OF THE COMMISSIONERS: Neblett no report Beckmann reported on an article she read in the Des Moines Register. There is the possibility of a new law being passed that will affect child custody. When two parents are divorced and one parent has custody and the custodial parent becomes involved with a non-married partner, the judge (based on this law) has the discretion to change the custody order to the non- custodial parent. Beckmann finds this disturbing. Klenske no report Shorr no report Mathis no report STATUS OF CASES: Shank stated that cases are moving along and there are more in legal. ADJOURNMENT: Motion to adjourn by Klenske and seconded by Beckmann at 8:11 p.m. Iowa City. Public Library MINUTES IOWA CrFY PUBLI'C LI'BRARY BOARD OF TRUSTEES REGULAR MEETING - 2nd FLOOR CONFERENCE ROOM THURSDAY, February 27, 2003 5:00 PM FINAL/APPR Members Present: Linda Dellsperger, Shaner Magalh~.es, Lisa Parker, Pat Schnack, Jesse Singerman, Jim Swaim, David VanDusseldorp Members Absent: Linda Prybil, Tom Suter StaffPresent: Barbara Black, Maeve Clark, Susan Craig, Barbara Curtin, Debb Green, Heidi Lauritzen, Martha Lubaroff, Liz Nichols, Others: Joel Miller, Building Project Coordinator, Elaine Ditsler, Julie Spears, from the Iowa Chapter of the American Civil Liberties Union CALL TO ORDER: Parker called the meeting to order at 5:00 pm PUBLIC DISCUSSION Ditsler and Spears were representing the Iowa Chapter of the ACLU and brought with them a suggestion of a notice to inform the public about the USA Patriot Act. They were asking the Board to approve posting it here at ICPL. It was the same language that Craig had received last month and shared with the Board. She informed the women that the Board had a good discussion and although agreed philosophically, felt that they would be more comfortable with less political language. Board discussed bookmarks that would include general information and direct people to web sites for more information. Ditsler and Spears suggested a website, ww~v.bordc.org, which is promoted by the Bill of Rights Defense Committee. They felt it had good information. VanDusseldorp spoke about the library's policy regarding confidentiality as an example of how strongly staffand board members feel about preserving the privacy of patrons. APPROVAL OF MINUTES: A motion to approve both sets of minutes of January 23 was made by Dellsperger and seconded by Singerman. Magalh~es noted an inaccuracy in the minutes of the special meeting, which incorrectly listed him in attendance. Parker asked for a vote on the minutes as amended. They were unanimously approved. UNFINISHED BUSiNESS Board of Trustees Page 2 Building Proiect: Miller reported continuing to be ahead of schedule with no change in the two weeks we have scheduled to be closed. He reported on the progress made in the basement and expects it will be done by next week. In preparation for the beginning of Phase 2, he has met with the demolition contractor. They will be here May 1 to start tearing walls down in this present building. Miller said we are somewhat over our original bid due to some electrical changes and changing out some shades. He then took trustees on a tour. Moving/Closing Craig distributed copies of the Request for Proposal (RFP) for the move. Phase 1 is moving into temporary quarters, Phase 2 involves moving back and both bids will be awarded to one vendor. She informed board of the plans in place to inform the public of closing. Schools have been contacted, signs are hanging up in the library, and postcards will be sent out to residents of Iowa City and rural Johnson County. Other cardholders will also be informed by mail. An announcement will be placed on our web page. Lauritzen, Nichols and Craig met with the shelving people. There is some concem about how everything will be coordinated; ~vith so much moving at once, through limited access. Trustees are asked to help spread the word about why it is not possible to use volunteers to help us. This is a continuous operation that will involve many things going on at one time and the shelving must be dismantled and reassembled as the collection moves. NEW BUSYNESS None STAFF REPORTS Parker asked for questions concerning departmental reports. Curtin talked about the event on April 27 for all donors. Tours of the "west wing" will be provided and staffwill be present to show people around. She acknowledged the generous gift from NCS Pearson. Black gave a demonstration on the RFID tagging process. PRESiDENT'S REPORT Parker appointed Magalh~.es, Swaim and Schnack to serve on the nominating committee. Their report is due in April. Next month Parker will appoint an evaluation committee ANNOUNCEMENT FROM MEMBERS Board of Trustees Page Wednesday, March 12, is an Iowa Library Association Legislative reception in Des Moines. Trustees are welcome to attend. Swaim reported on his work with the community group addressing the problem of homelessness. He has helped them to draPr a concept paper. They have asked for feedback from library staff. As the manager serving on the library's committee, Curtin will elicit some feedback on how things have been going. Parker announced she is getting married on August 31. Logsden reported that the All Iowa Reads project is going fabulously well. The book being read is "Peace like a River". We hope to have a program here when the author is in town. COMMITTEE REPORTS Art Committee Dellsperger reported that the committee narrowed down the submitted pieces to two. The artists are willing to develop both of them for committee. Committee will talk again with artists in April and get some preliminary costs, samples ofmaterials, etc. Foundation Board: Magalhges and VanDusseldorp reported on their attendance at the Foundation Board meeting. A request from Curtin to reduce her hours beginning July 1 was approved. She will be working Tuesday to Friday with the understanding that if more time is required, she will be available. It will remain a full time position once Curtin leaves. A revised version of the bylaws was passed. Library investment funds are still suffering. BookEnd committee is still in need of books. They will especially need donations while library is closed. Fund raising committee is interested in working with the special events committee to plan an event. A sign-up sheet for the April 27th Open House was circulated. Singerman said that trustees' role should be visiting with donors. COMMUNICATIONS None DISBURSEMENTS Visa report for January 2003 was reviewed. Disbursements for the month of January 2003 were approved unanimously after a motion by S~vaim/Singerman. ADJOURNMENT: ICPL BOARD OF TRUSTEES Agenda Item 3A Page ,~ Schnack moved for adjournment at 6:30 pm. Swaim seconded it. All voted approval. Minutes taken and transcribed by Martha Lubaroff MINUTES FINAL IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, FEBRUARY 24, 2003 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. L1NN ST.-TOWER PLACE PARKiNG FACILITY MEMBERS PRESENT: Betty McKray, Jim Pusack, Kembrew McLeod, Cathy Weingeist, Terry Smith STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Andy Matthews, Dale Helling OTHERS PRESENT: Beth Fisher, Elaine Beck Rene Paine, Randy Brown, Jon Koebrick, Julie Larson, Phil Phillips, Kimberly Thro~ver, Saul Mekies RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Koebrick said that Mediacom will be implementing an improvement to the call center service in late April or May. Pete Trotter reported that the University of Iowa has been making progress on adding more programming to the University channel. Paine reported that both the PATV board of directors and the staffhad retreats in February. A chili dinner fundraiser will be held march 6 at 5 p.m. at Old Brick. On March 11 Thai Flavors restaurant will donate a portion of their income to PATV. PATV's annual report will be available in March. Larson reported that the school district channel will be moving to channel 21 in March. Pusack asked about the budget and noted that a staff increase was rejected and funds shifted from the cable TV Division to the City Administration. Shaffer said there was a position added, the Special Projects Assistant, for the Avatar Project. Helling said that city provides support to the Division and is attempting to recoup those costs. The city is looking to the cnterprise funds for compensation for areas previously overlooked. Pusack said that he would like to have a chance to review the cable TV Division budget at a time when the Commission's input can make a difference, i.e. prior to the time all approvals are made. Shaffer said that a Request for Proposals is being developed for a consultant to assist with the refranchising process. Shaffer and Helling met with Coralville officials to discuss the possibility of working together on refranchising. Shaffer reported that city staff and Smith met with Mediacom officials and discussed conducting a random test of 500 Iowa City homes to determine the condition of the cable TV drops. Smith moved to proceed with the random survey of 500 drops across all the fiber nodes to determine the performance of those drops and the physical aspects of the drops. The motion was seconded by Weingeist and passed unanimously. Mediacom is to get back to the City with the precise language, nature, and timeframe of these tests. APPROVAL OF MINIUTES McLeod moved and Smith seconded a motion to approve the January 2003 meeting minutes. Thc motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS McKray thanked the Commission for their work on the Triennial Review and introduced incoming commissioners Kimberly Thrower and Saul Mekies. McKray said that she has enjoyed serving on the commission over the past eight years. Weingeist said that she had enjoyed the last six years on the commission. SHORT PUBLIC ANNOUNCEMENTS Phil Phillips thanked McKray and Weingeist for their years of service on the Commission. CONSUMER ISSUES Shaffer referred to the complaint register in the meeting packet. Shaffer reported receiving 15 complaints-1 about cable TV technical problems, 2 wanting competition, 1 about a problem with Mediacom's phone answering system, 1 about subscribers paying more for less, 4 about increases in intemet cable modem prices, and 6 about increases in cable TV rates. All of the complaints that could be resolved, have been. MEDIACOM REPORT Koebrick thanked McKray and Weingeist for their service on the Commission and said that the commission has always been fair and reasonable in their dealings with the cable company. Koebrick said he had a power point presentation on the effect of programming costs on cable companies. Koebrick said that Mcdiacom will be implementing an improvement to the call center service in late April or May. A phone system that will shift overflow calls to other call center locations ifa local call center is too busy. A caller ID system will allow customer service representatives to have the subscriber account information available to them when they answer the call. This should save a lot of time for the subscriber and company. Pusack asked if the system will be able to inform customer servicc representatives if there are outages with the cable modem service as well as the video service. Koebrick said system should track outage calls by area within a city so it should be clear if it is an isolated, individual problem or a system problem. In addition, an automated call-back can be made to inform subscribers when the outage has been fixed. The cable modem service calls will have to be segregated due to the differences in personnel needed for technical support. Level I technical support may still be handled locally. Pusack moved and McLeod seconded a motion to hear the Mediacom report on rates at the next meeting. The motion was approved unanimously. Koebrick said Mediacom has made a filing with the FCC regarding programming costs and will make it available at the next mccting. UNIVERSITY OF IOWA REPORT Pete Trotter reported that the University of Iowa has been making progress on adding more programming to the University channel. Coverage of the placement of the Old Capitol dome was cablecast. More and more University personnel are approaching them for service. The College of Education will have a series of programs cablecast beginning next month. It is hoped that each college will have a series on the channel. An advisory board has nearly been put together. PATV REPORT Paine distributed a copy of the winter series schedule for public access. DVD equipment purchased with pass-through funds is operational. Both the board of directors and the staffhad retreats in February. A chili dinner fundraiser will be held March 6 at 5 p.m. at Old Brick. On March 11 Thai Flavors restaurant will donate a portion of their income to PATV. The annual report will be available in March. Paine thanked McKray and Weingeist for their service on the Commission. Pusack asked if any people were turned away because ora lack of schedule time. Paine said PATV has not had to turn people away. Some long-time series programs have had to be shifted off prime time hours. Smith asked about the equipment purchases by the other recipients of pass-through funds. Hardy said that funds allocated to the City Channel were used to upgrade the studio. The Community Television Service was allocated funds for better field equipment and some copyright free music, but they have not yet been purchased. Beck reported that the Senior Center purchased new decks with dual analog/digital capability. Hardy added that wiring the Senior Center to be able to serve as an origination point was also funded by the pass-through account. Larson reported that the school district purchased the SCALA information system. A time based corrector has also been ordered. ICCSD REPORT Larson reported that screens are being developed for the SCALA system, which will enable information to be provided over the channel when video programs are not playing. The school district channel will be moving to channel 21 in March. SENIOR CENTER REPORT Beck reported that the Senior Center has between 15 and 20 regular producers. Nine producers have learned to use the digital editing equipment. LEGAL REPORT Matthe~vs said he had nothing new to report. LIBRARY REPORT Fisher reported the library will be closed April 15 so they can move into new building addition. The library will re-open April 30. February was the first month the library utilized their new digital playback system. Some of the gaps in the weekend program schedule will now be able to be filled with children's programming. KIRKWOOD REPORT No representative was present. CITY CHANNEL REPORT Hardy reported that production service requests are increasing, particularly for more involved, larger projects. The Community Television Service has been very busy. Letters asking for volunteers for a focus group to discuss InfoVision will soon be sent out. Streaming video over the Internet is being tested. CABLE TV ADMINISTRATOR REPORT Pusack asked about the budget and noted that a staff increase was rejected and funds shifted from the cable TV Division to the City Administration. Shaffer said there was a position added, the Special Projects Assistant, for the Avatar Project. Helling said that city provides support to the Division and is attempting to recoup those costs. The city is looking to the enterprise funds for compensation for areas previously overlooked. Pusack said that he would like to have a chance to review the cable TV Division budget at a time when the Commission's input can make a difference, i.e. prior to the time all approvals are made. Shaffer said that a Request for Proposals is being developed for a consultant to assist with the refranchising process. Shaffer and Helling met with Coralville officials to discuss the possibility of working together on refranchising. A study bill introduced in the state legislature to prohibit municipalities from using any funds from municipal utilities or tax funds to provide any telecommunications services, including cable TV. The city is monitoring those developments as well as a cable modem customer service ordinance passed in Montgomery County, MD. The Cable TV Division annual report will be ready in March. The Triennial Review has been given to the City Council. DROP AUDIT Shaffer reported that city staff and Smith met with Mediacom officials and discussed conducting a random test of 500 Iowa City homes to determine the condition of the cable TV drops. Mediacom will provide system maps for the city to determine what homes would be tested. Mediacom will propose the types of tests and the technical specifications of those tests. Once the test format is determined it will take 90-120 days to complete those tests. This process would be articulated in a side letter agreement rather than a change in the ordinance. Matthews said that there is language in the ordinance requiring that 95% of all drops be tested, but Mediacom's predecessors did not keep data that would determine how many drops have been tested or replaced. A lot of that work was likely done on technical calls. A sample testing may be more reasonable given the amount of work that has been done to date. Koebrick said that the test sites will be evenly divided among the fiber nodes. Smith noted that 500 is about 2-3%. Smith moved to proceed with the random survey of 500 drops across all the fiber nodes to determine the performance of those drops and the physical aspects of the drops. The motion was seconded by Weingeist and passed unanimously. ADJOURNMENT McLeod moved and Weingeist seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:53 p.m. Respectfully submitted, Wm. Drew Shaffer Cable TV Administrator MINUTES PARKS AND RECREATION COMMISSION FEBRUARY 13, 2002 MEMBERS PRESENT: Kevin Boyd, Judith Klink, Nancy Ostrognai, Matt Pacha, A1 Stroh, Sarah Walz, John Westefeld MEMBERS ABSENT: Doug Ginsberg, Craig Gustaveson GUESTS PRESENT: Joan Jehle, Stacy Van Zante STAFF PRESENT: Mike Moran, Terry Robinson FORMAL ACTION TAKEN Moved by Boyd, seconded by Westefeld, to approve the January 8, Unanimous. 2003 minutes as written. PUBLIC DISCUSSION Stacy Van Zante, speaking on behalf of Friends of Hickory Hill Park, expressed the group's interest in the wetland development near the Bloomington Street entrance of Hickory Hill Park that was originally part of the trail plan. Trueblood stated staff plans on completing this project. The delay is attributable to the area holding too much water, and modifications that were necessary. A pipe was installed under the trail to rectify the problem, but it was not releasing enough water. Citizen concerns were also registered regarding the West Nile Virus. Staff spoke with a knowledgeable source that felt this was not a danger. Walz stated the group is willing to be part of the project and is also willing to put together a proposal. She noted they have had sponsorship offers for money. Trueblood stated he was amenable to Friends of Hickory Hill Park drawing up a proposal or taking it over as a project. Walz stated the board will be meeting on Monday and will discuss it further. PARKS AND RECREATION FOUNDATION Pacha stated the by-laws of the foundation indicate that the Board of Directors shall include 4 members who are also members of the Commission and a minimum of 5 additional at-large members. He noted the foundation is a non-profit arm of the department that was formed to conduct fundraising efforts associated with parks and recreation in Iowa City. Trueblood noted the foundation has also acted as a bank for other groups to funnel their money through, such as the Sand Prairie group. Pacha indicated involvement would consist of an annual meeting, unless a fundraising eflbrt is being conducted. Sarah Walz, John Westefeld and Kevin Boyd volunteered to serve on the foundation. Walz suggested sending letters to organizations that would have a vested interest that may be interested in participating on the foundation. She mentioned Friends of Hickory Hill Park, the Sand Prairie group and the Iowa City Bird Club as a few possibilities. These are people who may like to see more parkland or different uses for parks and could help in fundraising effbrts. Trueblood stated the foundation had previously discussed involving special interest groups on the board, but decided against it so it could be more of an umbrella for these things. Special interest groups could then approach the foundation for funding or ass/stance in fundraising eflbrts. Pacha stated the foundation conducts fundraising efforts ~vhen there is a particular need and does not have a routine flow of income. Walz asked if the foundation would like to have an income flow. Pacha stated the foundation is different than most foundations; they do not have a plan in place for issuing funds, but act when there is a need. Boyd felt this discussion was one the foundation should have. Pacha indicated he was sending letters to the current at-large members to determine if they wish to continue serving. He noted he would be interested in receiving names of other individuals who might be interested in serving also. Next month the commission will formally act on appointing new members to the foundation. Parks and Recreation cormmssion February 13, 2003 Page 2 of 3 WATERWORKS PARK PROJECT Trueblood referred to the letter sent to the City Council by Pacha expressing the commission's concern and disappointment about the elimination of the proposed FY04 and FY05 funding for the development of Waterworks Park. Initially it was thought it would take 16-20 person-hours every 2-3 weeks to mow the 100+ acre park. Trueblood stated the Water Division employee who was responsible for mowing the park last summer indicated it is a continuous cycle. He did nothing but mow 40 hours per week; part of the problem is that the area is very rough and has washed out areas. Pacha stated February 18th has been set for the public hearing for the budget, and he would like commission representation. Boyd indicated he would attend, with Westefeld indicating he would be out of town that day but would attend if he returned in time. Pacha stated he and Trueblood met with the Mayor to express their concems. Boyd expressed his frustration in that the Council understands the need for additional staff; yet they eliminate the funding for planting prairie grasses and wildflowers. Planting the area would result in a cost saving measure that would free up staff time. Pacha stated they indicated if things remain status quo, it may result in mowing a swath along the trail only, allowing the remainder to grow into weeds. Trueblood noted in this case, the City would be in violation of its own weed ordinance. The area could be declared a natural area, but the City would still be responsible for noxious weeds, which will be abundant. Walz felt the planting plan for the Waterworks Park was an amazing plan and there may be ways to cut costs. Planting the area in prairie grasses and wildflowers would provide a huge opportunity when seeding other sites, in that it would provide a source for future seed. She stated there are many people in Iowa City and the county who will harvest other seeds, which would be a cost saving measure in itself. She felt the prairie group and a number of organizations whose missions are to increase native species and plants would be very interested in lending their support and voice to this project. Trueblood reported Russ Bennett suggested, if we can do nothing else this year, that the City plant a 50-foot wide strip of prairie grass around the bigger pond and the wetland pond at the north end of the park to prevent erosion and discourage the goose population. Staff discussed this with the City Manager and Public Works Director, both of whom were supportive. If the FY03 project budget isn't sufficient for this purpose, another funding source will have to be identified. Klink stated it was recommended to her to investigate funding through the Living Roadway Trust Fund. The purpose of this fund is to promote beautiful roadways in Iowa, for city or state fight-of-ways or areas adjacent to them. Trueblood reported REAP funding may be reinstituted early this spring, subject to legislative approval. The bad news is the federal government is reducing Land and Water Conservation statewide assistance by 33%. He noted with grants like these, Project Green asking for projects to get involved in, and possibly getting groups to sponsor, for example, 10 acres of the Waterworks Park would be beneficial. Klink noted another funding source - For-Wild Organization - that she discovered on the Web. They have a Seed for Education Program, which may be worth investigating. Stroh referred to the Butler House that may be used for such things as a meeting place, for educational programs, and a welcome center. Walz stated many grants look for parmerships or educational components when awarding funds. She noted the Dunbar/Jones Partnership's master plan identified goals and objectives, which included identifying parmering opportunities for passive recreational activities, habitat creation and educational opportunities. She felt it was essential for volunteers and local groups to be part of this project, and an important way of making the community take o~vnership by involving them in the actual implementation. Klink felt the Johnson County Heritage Trust would be very interested in this project, and Walz noted the Iowa Prairie Network. Pacha felt there might be a need to form a committee within the commission. Walz indicated she would be interested in Russ Bennett attending a future meeting to discuss the planting plan to better understand what the costs are based on, quality of seed, etc.; Trueblood indicated he would arrange it. PARKS AND RECREATION MASTER PLAN Pacha reported the City Council approved completion of a master plan, utilizing parkland acquisition funds as the funding source on a non-payback basis. Trueblood stated if the commission was still in favor of proceeding with the given funding circumstances, the next step would be to prepare a RFQ. The process would entail the Parks and Recreation comnmssion February 13, 2003 Page 3 of 3 formation of a committee to interview prospective firms and to help make the decision as to what firm to hire. He stated he would like to have 2-3 commission members involved on this committee; Al Stroh and Matt Pacha volunteered to serve. Westefeld asked about the timeline; Trueblood stated it would most likely be spring before work would begin on the actual process. Pacha stated once the process is at the point of actual planning and public meetings, he would like all commission members to be involved. Klink stated there is a meeting on Tuesday, March 6, of the Prairie Preview group at the 4-H Club Fairgrounds, which is being sponsored by the Johnson County Soil and Conservation Commission. Informational booths will be set up. She felt this would be a good opportunity to solicit volunteers and to obtain support for the prairie-planting project at the Waterworks Park. Klink and Walz indicated they would be attending. COMMISSION TIME Pacha expressed his appreciation to Boyd, Walz and Westefeld for volunteering to serve on the Parks and Recreation Foundation Board of Directors, and to Klink and Walz for volunteering to attend the Prairie Preview meeting in March. DIRECTOR'S REPORT Trueblood reported on the following: Award. Joe Wagner, Turfgrass Specialist with the Parks Division, was named "Iowa Sports Turf Manager of the Year", the highest award given by the Iowa Turf Managers Association. Fees and Charges. The Recreation Division fees and charges, as submitted, were approved by the City Council. City Park Pool Filtration Proiect. The consultant's estimate for this project was $200,000. The lowest bid received was $173,250, and work will begin as soon as the contract is approved and signed. Tennis Court Reliehtine Proiect. The contract was awarded to relight the Mercer Park and City Park tennis courts, with the estimated time for completion being mid-May. Dog PAC. The group is meeting at 7 p.m. tonight at the library. Des Moines~ Iowa. A recent newspaper article reported Des Moines is looking at selling 50 of their parks to the private sector due to budget problems. Walz asked if the foundation or commission has considered a "Friends of the Park" organization. Such an organization would be helpful when situations such as the Waterworks Park project arise, where involved citizens could be informed and lend their support as advocates for parks. Trueblood indicated the City has an Adopt-A-Park program, where groups and organizations adopt and take care of a park. Boyd indicated thc master plan might have large-scale projects, which will need people who are committed and active. Walz stated ~vhen people are involved with a park it builds a lot of loyalty and they feel they have a vested interest in it. She felt it might be good question to pose during the master plan process. ADJOURNMENT. The meeting adjourned at 6:20 p.m. MINUTES APPROVED PLANNING AND ZONING COMMISSION FEBRUARY 20, 2003 EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Don Anciaux, Ann Bovbjerg, Beth Koppes, Dean Shannon, Jerry Hansen, Benjamin Chait STAFF PRESENT: Bob Miklo, Shelley McCafferty, Mitch Behr OTHERS PRESENT: John Moreland, John Watson, Michael McHarry, Glenn Ehrstine, Meg Baron RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, REZ02-00022, a rezoning to amend a Planned Development Housing Overlay (PDH-5) for Windsor Ridge, Part 12, Lot 255, a 7.93 acre development located at Court Street and Arlington Drive with the listed variations and subject to improvements to the picnic area to make it larger with multiple benches and picnic tables and additional landscaping. · Reduction in the distance between two primary buildings on a single lot to 17 feet. · Multiple buildings located on one lot. · Multi-family buildings allowed on a lot with an RS-8 underlying zone. Recommended approval, by a vote of 7-0, REZ03-00005, a rezoning from Neighborhood Conservation Residential (RNC-12 and RNC-20) High Density Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS-8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM- 44/OCD and RS-8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, which will consist of properties along the following streets: Iowa Avenue, Washington Street and College Street between Van Buren Street and Muscatine Avenue; Burlington Street between Summit Street and Muscatine Avenue; and Johnson Street, Dodge Street, Lucas Street, Governor Street, and Summit Street between Iowa Avenue and Burlington Street. Hansen seconded the motion. Recommended approval, by a vote of 7-0, REZ03-00001, a rezoning to designate the property at 30 South Governor Street an Iowa City Historic Landmark. Recommended approval, by a vote of 7-0, REZ03-00002, a rezoning to designate the property located at 802 Washington Street as an Iowa City Historic Landmark. Recommended approval, by a vote of 7-0, REZ03-00003, a rezoning to designate the property located at 726 Iowa Avenue as an Iowa City Historic Landmark. CALL TO ORDER: Bovbjerg called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said a listing of current vacancies on the various City boards and commissions was posted in the outer lobby which included vacancies on the Historic Preservation Commission, Airport Zoning Commission and Airport Board of Adjustment. She encouraged members of the audience to donate a bit of their time to their City by volunteering to serve on a board. ZONING/DEVELOPMENT iTEMS: REZ02-00022, discussion of an application submitted by Arlington L.C. for an amendment to the Planned Development Housing Overlay (OPDH-8) plan for Lot 255, Windsor Ridge Part 12, a 7.93-acre, 64-unit multi-family residential development located south of Court Street and west of Arlington Drive. Planning and Zoning Commission Minutes February 20, 2003 Page 2 McCafferty said since the last meeting Staff had received a new submittal which had been included in the Commission's information packet. The applicant had added some additional planting areas to help break up identified expanses of concrete. She said Staff continued to recommend improvements be made to the picnic area to make it more useful for the residents of this development. McCafferty said Staff recommended approval of REZ02-0002;~, a rezoning to amend a Planned Development Housing Overlay (PDH-8) for Windsor Ridge, Part 12, Lot 255, a 7.93 acre development located at Court Street and Arlington Drive be approved with the following variations and subject to additional landscaping of the picnic area. · Reduction in the distance between two primary buildings on a single lot to 17 feet. · Multiple primary buildings located on one lot. · Multi-family buildings allowed on a lot with an RS-8 underlying zone. Public discussion was opened. John Moreland, 960 Arlington Drive, said at the previous meeting, Hansen had requested information about the elevation of the 12-plexes with respect to the near-by waterway and creek. Based on the old flood-way maps, they were currently 7-feet above the 100-year flood and approximately 5-feet above the 500 year flood. Moreland said with the elevations they had proposed, he didn't think water issues would ever become a problem. The City only required a structure to be one-foot above the 100-year flood plain to get a building permit. Moreland said Bovbjerg had had some reservations about the variations they were requesting. He said that was the reason why they did an OPDH. The three variations they were requesting had been requested and approved for the previous project. The Commission had also approved an extended height requirement for the previous project that they were not requesting for this project. Moreland said he didn't think the variations that they had requested were anything above and beyond normal. Moreland said he and Watts as developers, had spent six months with Staff, made over 15 different variations, dropped from 72- to 64-units, and had done everything they possibly could to get the neighbors on board with them. He said with Staff and the neighbors on board, they would appreciate a positive vote from the Commission. Koppes asked how the picnic area could be made to be more known and available to everyone in the area instead of just the residents of the one 12-plex. Moreland said the sidewalk would stay between the upper and lower sets of buildings so it would be natural for persons who exited their garages to see the sidewalk there. Because of the amount of green-space available, Moreland said persons residing there would naturally use the sidewalk to migrate down toward the creek. Once they found out there was a picnic table available they would use it. Moreland said the developers preferred to keep the picnic table just for the persons who lived there, they didn't want to pull persons from the north, that was what the trail system was for. Bovbjerg clarified with Moreland which path would be eliminated due to accessibility issues. Bovbjerg said she agreed with Staff on the extent of the picnic area and increasing the number of picnic tables to three or four. She thought enhancing what persons could do outside without adding more paving was a wonderful thing. Moreland said they'd been working with Staff for six months and assuming it was part of the motion, they'd have no problem working it out with Staff. John Watsoq, 1105 Barrington, said he'd lived in Windsor Ridge for six years. The first two years having served as chairperson of the Board and the next four years as the Landscaping chairperson for Windsor Ridge. At their Annual Meeting in January, the developer's proposal had been presented and had received positive feedback. The Homeowners Association took care of the three entrances and the cul- de-sacs. They had the cul-de-sacs aerated; fertilizer and weed-kill applied three times a year; and had planted over 200 trees of which the developers had put in 60-70 trees. Watson said in his vision, they were trying to have the entrances and the cul-de-sacs look like the yards in the subdivision. They were investing money to do so. Watson said the proposed development was just one more development on the side, it was not part of what they were doing, but it seemed to meet the requirements. Watson said it was his experience that in the picnic area something was needed for children. Most children in the complex were under high-school age so hoops for swings or a flat area to throw a ball were needed. Comments Watson had heard from persons residing in Windsor Ridge were that they liked Planning and Zoning Commission Minutes February 20, 2003 Page 3 the space, the cul-de-sacs and parkways where safe and where children could play, and it was easy and safe for adults to walk there too. Watson said he had a question about the proposed parkway. In the past, when 90% of the lots around the parkway were developed, the City had assumed responsibility for developing the parkway. Watson said they again wanted to be sure that that would happen and they would also do their part to help beautify that area. Moreland clarified that Watson was referring to Oufiot J. When 90% of the houses on Cumberland were completed, then it would be turned over to the City. That had occurred throughout other parts of Windsor Ridge. When the houses had been finished, all the trails had been finished, a punch list had been created, and the City took over the land. The walk-way would also be put in by the developers and turned over to the City. Moreland said the idea was that it all connected to Scott Park so it was designed that way. Moreland said the developer maintained the land until the City took over, but in the past the Homeowners Association had also helped to maintain the areas. Watson said they wanted it to look nice, so they wanted to be sure the developer and the City would do what was expected. Behr said that particular timing (of dedication) was the way the City normally did it. The City wanted to see improvements on land designated to be dedicated and to see build-out of surrounding land before the dedication occurred. That was the timing that the City typically wanted. Watson said the other parkway was a huge grass area. The developers had been required to cut the grass until the area was 90% developed. Now the City cut the grass but they didn't weed or fertilize. They also removed the snow, which worked for the Homeowners Association. Public discussion was closed. Motion: Shannon made a motion to approve REZ02-00022, a rezoning to amend a Planned Development Housing Overlay (PDH-8) for Windsor Ridge, Part 12, Lot 255, a 7.93 acre development located at Court Street and Arlington Drive with the below listed variations and subject to additional landscaping of the picnic area. · Reduction in the distance between two primary buildings on a single lot to 17 feet. · Multiple primary buildings located on one lot. · Multi-family buildings allowed on a lot with an RS-8 underlying zone. Koppes seconded the motion. Shannon said he'd had two weeks to think about the proposal. He'd also liked the first project which had been approved in 1999, but if a development could not be built and sold, it was silly to develop it. He said he was concerned about the appearance of a long row of garage doors. However, overall it looked like a good project and if the neighbors were happy with it, he would support it too. Freerks said initially she'd been concerned about the increase of concrete and the encroachment onto the hydric soils. It was nice to have diverse types of housing in the neighborhood and the neighbors agreed with the proposal. Freerks said she hoped the developers would install some basketball hoops to take good advantage of the available concrete. She would vote in favor of it also. Koppes said the neighbors had spoken and had shown agreement with the proposal. She was concerned about the picnic area and hoped the developers would work with Staff on it, perhaps breaking it into two areas as had been suggested by Bovbjerg. Koppes said she would support the proposal with the attachment. Anciaux said the neighbors agreed with the proposal, the hydric soil issue had been addressed at the last meeting, and while the project was higher density than other areas it was located right next to a park with trail systems that allowed access to the park. It was a good location for the project. Hansen said he thought they should be more specific in their requirements for the picnic area. Anciaux said he thought they should throw the picnic area out or what had been proposed for the picnic area was adequate as there was a park area located right next door. Persons could walk to the park for a picnic if they wanted. Hansen said one of the things he'd liked about the original plan had been the club house. It had provided a sense of coming together, a sense of neighborliness in the complex. The picnic area was one of the types of things that could foster that type of feeling in a place where persons lived. He didn't think one picnic table was adequate. Hansen said from the drawings, it was difficult to get a good Planning and Zoning Commission Minutes February 20, 2003 Page 4 understanding of the area's size, what it could accommodate and the developer's proposal for the area. Hansen said he'd liked the original proposal for underground parking, but understood from a marketing standpoint that persons liked storage and that was why the developers had gone the direction they had. Moreland said if they wanted an area where persons could gather, it made more sense to concentrate it, rather than scatter it into three or four places. As developers they were better off taking one area, improving it and making it bigger, and making it the central meeting area. Moreland said they'd been working with Staff to negotiate these details. If the wording for what improvements were being requested could be placed in the motion, then they would negotiate with Staff to get their approval. He said if Hansen had something specific in mind, they would be glad to go along with it. Hansen said in the negotiations between the developers and Staff, everything that had come forward about that specific area was very vague. He wondered why it hadn't been worked out yet. Moreland said it was not vague as far as they were concerned. There was a picnic table, picnic and patio area, and sidewalks there. He would be glad to provide a blow-up of the area if the Commission wished. Moreland said they didn't know specifically what Staff wanted either. There were a thousand things that could be done with the area and they were open to all of them. If Hansen had something specific he wished to see in that area, the developers were willing to do it. Miklo suggested that Staff work with the applicant to design that particular area to accommodate at least three picnic tables instead of adding more picnic areas. Hansen said what he'd like to see was one area right there that multiple families could all use at the same time. McCafferty suggested an amendment to the original motion which stated, to develop a picnic area with benches and picnic tables for use by multiple families and add additional landscaping. Motion: Hansen made a motion to the original mover to amend the original motion to include approval subject to improvements to the picnic area to make it larger with multiple benches and picnic tables and additional landscaping. Shannon agreed to the revision of the original motion. Koppes also agreed. Bovbjerg said she felt among Staff, the developers and the Commission, the proposal could be a good development on the land. However, she did feel there were still too many townhouses crowded on the front. Revised Motion: To approve REZ02-00022, a rezoning to amend a Planned Development Housing Overlay (PDH-8) for Windsor Ridge, Part 12, Lot 255, a 7.93 acre development located at Court Street and Arlington Drive with the below listed variations and subject to improvements to the picnic area be made larger with multiple benches and picnic tables and additional landscaping. · Reduction in the distance between two primary buildings on a single lot to 17 feet. · Multiple primary buildings located on one lot. · Multi-family buildings allowed on a lot with an RS-8 underlying zone. The motion passed on a vote of 7-0. REZ03-00005, discussion of an application submitted by the Historic Preservation Commission for a rezoning from Neighborhood Conservation residential (RNC-12 and RNC-20) High Density Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS-8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD and RS-8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, which will consist of properties along the following streets: iowa Avenue, Washington Street and College Street between Van Buren Street and Muscatine Avenue; Burlington Street between Summit Street and Muscatine Avenue; and Johnson Street, Dodge Street, Lucas Street, Governor Street, and Summit Street between Iowa Avenue and Burlington Street. McCafferty said this was a second consideration of this proposal. At the last meeting they had been awaiting recommendations from the State which according to City ordinance recommendations were needed prior to voting on a proposal. The letter had been received and distributed to the Commissioners. It concurred with the findings of the Historic Preservation Commission (HPC) and recommended the rezoning. McCafferty said Staff recommended approval of REZ03-00005, an application submitted by the Historic Preservation Commission for a rezoning from Neighborhood Conservation residential (RNC-12 and RNC-20) High Density Multifamily Residential (RM-44) and Medium Density Single Family Planning and Zoning Commission Minutes February 20, 2003 Page 5 Residential (RS-8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM-44/OCD and RS- 8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, which will consist of properties along the following streets: Iowa Avenue, Washington Street and College Street between Van Buren Street and Muscatine Avenue; Burlington Street between Summit Street and Muscatine Avenue; and Johnson Street, Dodge Street, Lucas Street, Governor Street, and Summit Street between Iowa Avenue and Burlington Street. Koppes asked what would happen with item #3 on the letter from the State. McCafferty said according to the tax records the date on 805 Iowa Avenue was 1900. However on the report she had sent to the State, she'd put a question mark beside the 1900, stating they did not feel that was the actual date of construction based upon the style of the house. The style was much more similar to the late 1930's or 40's with some additions to it. It appeared that part of the garage, which was now attached to the house, was originally built circa 1900. The HPC still felt it was an appropriate designation. Hansen asked if the State wanted the typographical errors clarified and/or corrected before they gave acceptance. McCafferty said the City ordinance said comment had to be received from the State before they could vote on it. The HPC and Staff would address the clarifications to the State. Public discussion was opened. Michael McHarry, Chairperson of the Historic Preservation Commission, said he'd also received a copy of the letter from the State and wished to apologize to the Planning and Zoning Commission for the typographical errors. Typographical errors were also a personal pet peeve of his. McHarry asked for a clarification on item #3. He said it probably was also a typographical error that a box was incorrectly checked yes that the 1965 apartment building located at 929 Iowa Avenue contributed to the conservation district when actually the box should have been checked no. He asked if it needed to be changed or amended prior to the approval of the conservation district. McCafferty said the property was not shown as contributing, nor was it listed on the list sent that had been sent to the State. She believed the State had misread the form. Glenn Ehrstine, 228 S. Summit Street - Apt. C6, said he was a resident of the Summit Apartment Cooperative. He had been unable to attend the first meeting but was in favor of the proposal and encouraged the Commission to approve it. Meg Baron, 115 S. Summit Street, said she owned property in the area and supported the application. She felt it would help to keep the neighborhood interesting. Public discussion was closed. Motion: Anciaux made a motion to approve REZ03-00005, a rezoning from Neighborhood Conservation residential (RNC-12 and RNC-20) High Density Multifamily Residential (RM-44) and Medium Density Single Family Residential (RS-8) to Conservation District Overlay (RNC-12/OCD, RNC-20/OCD, RM- 44/OCD and RS-8/OCD) for the designation of the College Hill Conservation District within the College Hill Neighborhood, which will consist of properties along the following streets: Iowa Avenue, Washington Street and College Street between Van Buren Street and Muscatine Avenue; Burlington Street between Summit Street and Muscatine Avenue; and Johnson Street, Dodge Street, Lucas Street, Governor Street, and Summit Street between Iowa Avenue and Burlington Street. Hansen seconded the motion. Freerks said she felt the application definitely complied with the Comprehensive Plan. The neighbors had attended this meeting and the past meeting to speak in favor of and support it. It was an overlay zone, it wouldn't affect the density and would do a lot of time to help stabilize the neighborhood and benefit the community. She thanked the HPC for all their hard work. Freerks said she would support the application Anciaux said he wished to thank the HPC also. Bovbjerg said she wished to thank the HPC as well. Anciaux called the question. The motion passed on a vote of 7-0. Planning and Zoning Commission Minutes February 20, 2003 Page 6 REZ03-00001, discussion of an application submitted by the Historic Preservation Commission for a rezonin9 to designate the property at 30 South Governor Street as an Iowa City Historic Landmark. McCafferty said the letter from the State referenced in REZ03-00005 also addressed the next three landmark designations. The State also supported those landmark designations as well, so they could be voted on. McCaffer[y said Staff recommended approval of REZ03-00001, a rezoning to designate the property at 30 South Governor Street an Iowa City Historic Landmark. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve REZ03-00001, a rezoning to designate the property at 30 South Governor Street an Iowa City Historic Landmark. Freerks seconded the motion. The motion passed on a vote of 7-0. REZ03-0000~, discussion of an application submitted by the Historic Preservation Commission for a rezoning to designate the property located at 802 Washington Street as an Iowa City Historic Landmark. McCafferty said the letter from the State referenced in REZ03-00005 also addressed this application. Staff recommended approval of REZ03-0000~, a rezoning to designate the property located at 802 Washington Street as an Iowa City Historic Landmark. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve REZ03-00002, a rezoning to designate the property located at 802 Washington Street as an Iowa City Historic Landmark. Freerks seconded the motion. Anciaux called the question. The motion passed on a vote of 7-0. REZ03-0000:~, discussion of an application submitted by the Historic Preservation Commission for a rezoning to designate the property located at 726 Iowa Avenue as an Iowa City Historic Landmark. McCafferty said the letter from the State referenced in REZ03-00005 also addressed this application. Staff recommended approval of REZ03-00003, a rezoning to designate the property located at 726 Iowa Avenue as an Iowa City Historic Landmark. Public discussion was opened. There was none. Public discussion was closed. Motion: Anciaux made a motion to approve REZ03-0000~, a rezoning to designate the property located at 726 Iowa Avenue as an Iowa City Historic Landmark. Koppes seconded the motion. The motion passed on a vote of 7-0. REZ03-00004:, discussion of an application submitted by the Historic Preservation Commission combining the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District. McCafferty said on this particular issue a letter from the State had not been received yet. Staff recommended deferral of REZ03-00004. Public discussion was opened. There was none. Public discussion was closed. Motion: Anciaux made a motion to defer REZ03-00004, an amendment to combine the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District. Shannon seconded the motion. The motion passed on a vote of 7-0. Planning and Zoning Commission Minutes February 20, 2003 Page 7 ELECTION OF OFFICERS: Anciaux said he would like to address this item at the next meeting. Chair asked if a motion could be made to re-elect the same slate of officers at this meeting. Behr and Miklo said it would be legal to do so. Motion: Anciaux made a motion to re-elect the same slate of officers, Bovbjerg as Chairperson, Shannon as Vice-Chairperson, Hansen as Secretary. The motion passed on a vote of 7-0. OTHER: CONSIDERATION OF 2/6/03 MEETING MINUTES: Hansen made a motion to approve the minutes as printed and corrected. Koppes seconded the motion. 'The motion passed on a vote of 7-0. ADJOURNMENT: Anciaux made a motion to adjourn the meeting at 8:17 pm. Shannon seconded the motion. The motion passed on a vote of 7-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill data on cit yntJp cd/minut es/p&z/p &z02-20-03 d o¢ MINUTES PLANNING AND ZONING COMMISSION MARCH 6, 2003 EMMA J. HARVAT HALL Approved MEMBERS PRESENT: Benjamin Chair, Beth Koppes, Don Anciaux, Ann Bovbjerg, Jerry Hansen, Ann Freerks, Dean Shannon STAFF PRESENT: John Yapp, Shelley McCafferty, Mitch Behr OTHERS PRESENT: Corey Hodapp, David Nadler, John Remmert, Travis Remmert, Michael Icardi, Amy Weiss, Tom Arnold RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, CZ03-00001, that the City Council send a letter to the Johnson County Board of Supervisors finding that the proposed rezoning meets the technical requirements and the spirit of the Fringe Area Agreement and therefore recommended approval of the proposed rezoning subject to general conformance with the rezoning exhibit. CALL TO ORDER: Bovbjerg called the meeting to order at 7:32 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Bovbjerg announced that there would be no discussion on the Leighton House, 932 E. College Street, as the item had been deferred at the applicant's request. The item was not listed on the agenda for the Planning and Zoning Commission's 3/6/03 meeting. There was no public discussion. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said if members of the audience wished to help out their City, there were postings in the lobby which detailed which boards and commissions were available and how much time was required. ZONING/DEVELOPMENT ITEMS: REZ03-00009, discussion of an application from CJs Construction Inc. for a rezoning from High Density Single-Family/Sensitive Areas Overlay (RS-12/OSA), to Planned Development Housing Overlay (OSA/OPDH-12) on 2.21 acres to allow the development of 13 townhouse style units located at the southeast corner of Meadow Ridge Lane and North Dubuque Street. McCafferty said in 1996 the property was rezoned for sensitive areas which allowed the construction of 3 duplex units in addition to the ex[sting house on the property, or a total of 7 dwelling units. The proposed OPDH plan has 13 townhouse style units in addition to the existing house on the property, for a total of 14 dwelling units. McCafferty said in terms of the Comprehensive Plan, one of the items for consideration is diversity and compatibility of the housing. She said in the neighborhood there is currently zoning for RS-5, Low Density Single-Family, and RS-12, High Density Single-Family. There are also a number of geographic features which provided some buffering of this piece of property to the adjacent properties. The existing conservation easement, where development could not occur, would still be effective with the proposed OPDH plan. On the overhead site map, McCafferty indicated the location of a steep slope and wooded area on the property which provides a buffer between this neighborhood and the neighborhood to the south and southeast. She said the proposed development would have the most effect upon the neighborhood to the north. The topography of the land sloped down, so the proposed development would be lower than the existing subdivision directly north. Staff had recommended to the applicant that he save the trees as much as possible in the natural wooded area and supplement the tree line to provide more of a buffer between the proposed development and the subdivision to the north. Planning and Zoning Commission Minutes March 6, 2003 Page 2 McCafferty said in terms of diversity, the proposed development introduced a new building type to the neighborhood. Currently the area was mostly single-family housing. The proposal would introduce townhouse style units to be put on a single lot put under a condominium regime. The Comprehensive Plan called for the careful design of multi-family housing and for it to be located at the intersection of collector and arterial streets, which was intended to prevent cut-through traffic through single-family neighborhoods. McCafferty said in evaluating the proposed plan, Staff felt it met those criteria. Staff had requested that additional property south of the existing house for right-of-way be dedicated to the City so that when the Foster Road / Dubuque Street intersection is reconstructed, there would be sufficient area so that old HWY 218 could be re-aligned further to the east of the intersection, which would allow more room for the movement of southbound traffic. It would make the intersection more efficient and the applicant had agreed to dedicate property for that purpose. McCafferty said this particular development had 6.7 dwelling units per acre which was approximately one- half of the maximum allowable under RS-12 zoning, which is 14.5 units per acre. The applicant is doubling the density from the previously approved plan, however, it is still approximately one-half of what is allowed under the maximum density. McCafferty said one of the advantages of this particular location being used for multi-family is that it is a relatively short distance to downtown and the University, which are major destination points. The direct access onto an arterial street, Dubuque Street, would take traffic directly to those destinations. Once the Foster Road intersection is reconstructed, it is likely that there would also be a sidewalk connection to the south, on the west side of the road, which would also connect into the trail that goes to the University and downtown. The trail provides access for bicycle and pedestrian traffic flow. The improvement to the intersection is currently in the Capital Improvements Plan however, it is not listed in a funded year. Therefore the intersection probably would not be reconstructed for 5-years unless City Council decided to re-prioritize it and place it in a funded year. McCafferty said another principle of the Comprehensive Plan is a Pedestrian-Oriented Streetscape. Staff felt that the plan addressed that issue. The townhouses are to be oriented along a private lane with single-car garages, which means less pavement than with developments with double-car garages. This leaves room for the development of landscaping, stoops, etc., and could create a pedestrian-oriented lane environment there. McCafferty said the applicant had proposed to preserve some mature hackberry trees instead of constructing an additional unit, which would provide access for the entire development into the open neighborhood space. This would be a benefit for the entire development and not just for use as private backyard space. The applicant had also proposed to save some mature fruit trees already located on the property as well as supplementing the trees along the north property line. With respect to the 'A units' which would face Dubuque Street, Staff had recommended that a back pedestrian stoop with a canopy be located on the rear of the units so pedestrian access was available from the rear, where most persons would be parking. McCafferty said at this time there were still some deficiencies with this particular application such as resolving some of the architectural issues and engineering revisions. She said under the Sensitive Areas Ordinance, the front yard setback could be reduced. Because it was along an arterial, 40-feet would typically be required, under the SAO it could be reduced to 30-feet as requested by the applicant. That would allow for preservation of more open area and trees. A second variation that had been requested was to allow multiple primary buildings on a single lot. McCafferty said Staff recommended that REZ03- 00009 be deferred until deficiencies and discrepancies could be resolved. Bovbjerg asked for a clarification of which units would have the reduced front yard. McCafferty said it would be the units that faced Dubuque Street. The set back was measured from the right-of-way line which included the frontage road. Under the RS-12 zone, 40-feet from the right-of-way of an arterial was required. She said Staff felt that the reduction to a 30-foot front yard was acceptable for two reasons, it allowed for the preservation of some trees and open space, and also because of the location of the frontage road. The impact of the arterial was not as significant on the multi-family dwellings as the frontage road provided a buffer. Anciaux asked if on the original plan was any land dedicated for the reconstruction of the intersection? McCafferty said an easement had been allowed for. Behr said initially two pieces of land had been Planning and Zoning Commission Minutes March 6, 2003 Page 3 dedicated for Foster Road and for right-of-way. Anciaux asked with the new plan was more land being dedicated for the right-of-way. McCafferty said Staff had requested additional land. Behr said Staff had requested additional land but it could not be required in connection with the application. On an overhead map, McCafferty indicated the area that Staff had requested for dedication to the City to allow for a better intersection of the frontage road with Foster Road. McCafferty said one of the difficulties was in a situation like this where there was a frontage road that came directly in to the intersecting road there is not room for traffic to get over to a far lane. In this case to the south lane and move south. What Public Works wanted to do was to bring the frontage road east then south to intersect at a location further to the east of the actual intersection. That would create a distance between the intersection of the frontage road and the intersection of Dubuque Street so there would actually be room to maneuver into the different lanes and go south. Bovbjerg said in the Commission's information packet, drawings of the previously approved plan indicated two stippled triangles. She asked if those were with the land being dedicated for the intersection and did they automatically go with the current development or was it a new proposal. McCafferty said the two stippled areas had already been dedicated and the City owned them. Behr said Staff had asked the applicant to dedicate more land, but it was not a condition that could be required in connection with the application. Freerks asked how close was the southern most 'building A' to be built to the existing house? McCafferty said no dimension was listed on the plans, but perhaps 15-feet. She suggested that the applicant address Freerks' question. Public discussion was opened. Corey Hodapp, developer, said he looked at the project as being a unique project for Iowa City. Hodapp said as someone entered the City, it was appealing, it was different from the Mayflower apartments and he saw it as an attractive project. It was not similar to the little townhomes strung together all around town. He was trying to give it more of a different, appealing look than what anyone else was trying to do around the area. Anciaux asked how far was the first 'building A' from the existing home on the property. Hodapp said he thought it was 12 or 15 feet from the edge of the house to the edge of the building. Bovbjerg asked what he proposed to have in there because it was not shown on the drawing. Hodapp said there would be landscaping around the house to keep it separated along the lot lines. There was nothing drawn yet but they proposed to bring the landscaping from the front around along the side with evergreens, shrubs or something to separate the duplex from the house. David Nadler~, 1973 Meadow Ridge Lane, said he had been asked to speak to the Commission on behalf of the residents of Meadow Ridge Lane. Nadler said he had a number of points to make, the first and most important was safety. He said he did not know where their safety fit into the City's Comprehensive Plan, but he wanted to make sure that the Commission understood that it was of the utmost importance in Nadler's Comprehensive Plan. Nadler said his neighborhood had addressed the City a number of times over the last 10 years asking for a stop light at the intersection of Foster onto Dubuque Street. The visibility from the south, facing west, was poor because of the curvature of the street. It made it difficult to see oncoming traffic from the south and was a dangerous intersection. There had been a number of accidents and one fatality at that intersection. They had not been able to get a stoplight there. Nadler said the attitude they'd received from the City when they had addressed that issue was that they, the residents, had moved in there knowing that there was no stoplight there and it was something that they would have to live with. Nadler said the proposal was something new that was being added. It had not been there when they moved in. They viewed it as an increase to the risk they faced at the intersection. He guessed there would probably be 20 or 30 more vehicles trying to cross or access onto Dubuque Street once the townhouses were constructed. There would be a lot more pressure to get out into the intersection, to get out faster and it would increase the risk. Nadler said they did not wish to see that happen. They had learned to live without a stoplight, but they continued to request that the City install one. it would make it a lot safer for themselves and their children. Nadler said they were asking the Commission not to increase their risk. Planning and Zoning Commission Minutes March 6, 2003 Page 4 Nadler said they realized diversity was an important issue to the Comprehensive Plan. They felt there was diversity in their area already. They had duplexes, apartments, condos and a trailer park. He said that was not an impetus for a rezoning. Nadler said they were concerned there would not be enough parkinq for the rezoning. He said most units appeared to be a one-car garage, but there would be more than one car per unit, with some parking on the street and on Meadow Ridge Lane which was not acceptable to them. Nadler said he had been coming to Iowa City since he was a little boy. He felt one of the jewels of Iowa City was the Dubuque Street entr~way with the river on one side and the tree-line on the other side. It was a magnificent view which complimented the City. Nadler said he thought that was going away. The Mayflower apartments and the rock addition already compromised the view. What was left was the northern section that they lived on. They had already been told that the trees in that spot would be removed and that beautiful green jewel would cease to exist. The trees also provided a screen from noise that they would no longer have. Nadler said he rejected the idea that there would be a buffer there, the trees were the buffer and they were going to be removed to build the proposed units. Nadler said there was a designated sensitive area located there with a sloping area and creek bed. He felt the way to prevent the inevitable erosion that would occur with the amount of proposed concrete would be to have fewer units or duplexes and more grassy area to preserve the soil. Nadler said his major impetus was, "Don't increase our risk. We have learned to live with the fact that we are not going to get any relief. Please don't increase it for us." Bovbjerg asked Staff what was the status of having a study done or having a light installed at the intersection. McCafferty said that this intersection met the warrants for a traffic signal. The issue then became prioritizing it in the budget, which was up to City Council. Right now it was in the Capital Improvements Plan, but was not in a funded year. Based upon that the soonest that it could be installed would be 5 years unless it was reprioritized. Anciaux asked how far back Foster Road would go. Yapp said eventually it would go through to Prairie du Chien Road. Anciaux asked if would be correct to assume that the need for access onto Dubuque Street coming off the frontage road would be more critical in the future. Yapp said that was correct. However, it would not be extended until a stop light had been installed. John Remmert, 1965 Meadow Ridge Lane, said he lived there but his son owned the property. Remmert asked prior to the 1996 rezoning of this parcel of land, what had it been zoned? McCafferty said RS-12, but not with a Sensitive Area Overlay. Remmert asked prior to when Phipps put in the Meadow Ridge Lane development, what had that area been zoned? McCafferty said she would have to check on that. Remmert said his point was that this was all about development. Phipps had put in Meadow Ridge Lane and developed a beautiful cul-de-sac neighborhood with a lot of diversity of types of homes and families residing there, such as professionals, singles, families with children and retired citizens. They had quite a bit of diversity on that street and the diversity within the area also met the mandates of the City Council in terms of providing diversity throughout the City. Remmert said it was all about development. He asked, when the land had been rezoned sensitive area for duplexes, why didn't something occur then? He said because the land was so expensive, a builder could not make a lot of money by putting in a few units. Remmert said when he came to Iowa City he had tried to purchase that land because he felt it was a beautiful place to build homes. He had talked to a realtor and been told that it had already been sold for development. He said there was nothing wrong with putting single-family homes there except the land was so expensive that a builder could not make a lot of money by doing so. It became a question of letting a developer put in 13 townhomes and making a profit while the current owners who had purchased their homes in a single-family dwelling neighborhood would end up losing money. The value of their homes would be depressed. Remmert said he had a beautiful home in St. Louis, Missouri with a woods and surrounding walking trails that had been on the market for one and one-half years. He said right before he moved, a builder had put in three modular homes with full basements which were worth about $100,000 each. Remmert said he could not give his property away. When potential buyers saw the modular homes behind his house, they were no longer interested in purchasing in that area. He said the same thing would happen to the current home owners on Meadow Ridge Lane if the 13 townhouse style units were built. The Alberhasky property would be right up against the townhomes. The look and view of Alberhasky's and all the other homes would completely be destroyed. Remmert said currently his view at the top of the hill was of the beautiful valley, but now there would be 30-foot tall townhouse blocking the view. Planning and Zoning Commission Minutes March 6, 2003 Page 5 Remmert said it came down to a question of what did they want to do. Let a builder put something in there on land that had been underutilized because it was so expensive and build townhomes or let someone else develop it, put in a few homes but not make as much money and all the residents would be a lot happier. Travis Remmert, 1965 Meadow Ridge Lane, said he wished to follow up on the safety issue. He said the proposed application would increase the total population in that area quite drastically. Currently on Meadow Ridge Lane there were 13 or 14 homes, further back on the frontage road there were an additional 5 or 6 homes, so the number of units in the area that the frontage road serviced would be doubled. Remmert said it had been proposed that a small corner of the property would be dedicated for a right-of-way to allow access onto Dubuque Street. Plans were also being discussed for a stop light that had not yet been approved and would be at least 5-years out. Plans were also being discussed for a street that would connect Prairie du Chien which would additionally increase the traffic. Remmert said those were all issues that they should be concentrating on rather than talking about doubling the population on a service road where currently it was difficult for the residents to access onto Dubuque Street. He said in the mornings it was easy for there to be a 4 car delay at the intersection due to the incoming traffic heading into downtown. Remmert said he didn't see anything in the plans that addressed that issue. They would have double or triple the number of cars. The issue of safety needed to be addressed first and foremost. Right now the Commission was discussing shoving more persons into the area so a developer could make more money and see if the additional cars helped to prioritize the stop light. Remmert said the current single-family homes had a lot of children who lived and played there. He didn't see how placing townhomes there would act as a buffer. They had had a lot of trees there for a long time. The City had decided to build a connector street to Prairie cu Chien and had torn down seemingly hundreds of trees. The process had been partially started and stopped, their tree buffer was all gone. Remmert said they were still not getting a buffer. It was being proposed to introduce a large number of people next to a single-family residential area that had lots of children and it would increase the safety issue. Remmert said he thought the issue should be studied a lot more before further action was taken. Michael Icardi, 1949 Meadow Ridge Lane, said most everyone had talked about traffic, it was a very important issue. The issue also was, how did they get onto Dubuque Street? It was very difficult to get across Dubuque Street. There was no sidewalk on their side of Dubuque. In order to get across they had to walk over at the park and then down from there. It was virtually impossible to walk anywhere nor was it possible to catch the Mayflower bus to get downtown either. Icardi said parking would also be an issue. The property being discussed was at the front of the access to Meadow Ridge Lane and the streets behind. It would dominate the area. He had recently moved from Miami, Florida where he had had a very small apartment with only one parking space. He said anyone who lived in this size of property would have at least two cars. There was not adequate parking for two cars for each unit. Icardi said he thought Meadow Ridge Lane would end up a parking lot for cars for the proposed development. Icardi said occasionally they had students parking on Meadow Ridge Lane now. The cars would be there during the day and at night the cars would be gone, but bicycles would be chained in/near those places. There already was a parking problem in the area, which the proposed development would only exacerbate. Freerks asked Staff what would be the parking situation along the Hidden Meadow private lane. McCafferty said by code each of the units was required to have two parking spaces. One would be considered in the garage itself and one in the driveway. There was no additional parking provided at this time. It was a narrow lane so there probably would not be room to park along the lane. Freerks asked how many bedrooms were in each units? McCafferty said the applicant would have to address that, but she thought they were all two bedroom units. Hansen asked if the garage was to be counted as a legitimate parking space, what would happen if the resident chose not to park in the garage? If it was used for storage could it still be counted as a parking space. McCafferty said technically it was still counted as a parking place. The developer had met the requirements for parking under the zoning ordinance. Bovbjerg asked what would be the recourse for the residents of Meadow Ridge Lane for persons who parked but did not live there. McCafferty said if the residents of Meadow Ridge Lane felt there was a Planning and Zoning Commission Minutes March 6, 2003 Page 6 parking problem on Meadow Ridge Lane, they could request the Traffic Planner take a look at it and post signs for no parking during particular hours. If there were enough requests from the neighbors, the Traffic Planner would address that. Yapp said the residents (property owners) along any street could collectively request that it be posted for no parking. A survey of the residents would be done. If everyone on the street agreed, it would be posted for no parking but that also meant that the residents could not park on the street either. The property owners could decide if it would be 24-hour enforced or something else. Hansen asked if it was within the Commission's purview on this application to require that. Yapp said no because it was on a different property. Freerks asked if there was guest parking anywhere in the proposed development. McCaffedy said no, except in driveways if they were vacant. Anciaux said Staff and the developer had wanted to make the area more pedestrian friendly so there were single car garages/drives. Was it possible to allow more parking or to use doublewide driveways? McCafferty said the Commission could ask the applicant to address that or adding guest parking. Amy Weiss, 1957 Meadow Ridge Lane, said she wished to emphasize a couple of points that had already been made. She had personally moved to Meadow Ridge Lane from the west side of town. She had wanted to live in a place that was woodsy and quiet instead of an area that had become very student oriented. Weiss said she had nothing against students, she was a teacher and they paid part of her salary. She said next week she would have her third anniversary in her house, but if she had known that there would be the potential of having students as neighbors she might not have purchased the house she lived in now. Weiss said worried about selling her home given the potential change in zoning. Weiss said she was also extremely concerned about the traffic patterns and proposal for adding more vehicles to the service road in the Meadow Ridge Lane area. Weiss invited anyone to leave her home between 7:30 and 8:00 am and using the service road make a left hand turn onto Dubuque Street in less than 10 minutes. If she needed to be at her office on the west side of campus at 8:00 am, she had to plan her morning very carefully, especially now with the slippery conditions and the roads being the way they were. Weiss said it was very dangerous, she had driven for 30 years and had never had a moving violation, but was nearly killed the other day. It was impossible to see the traffic coming up from the north. Weiss said she thought there was much in terms of safety that needed to be considered first before the Commission considered doubling the number of persons who would be using that area. Weiss said not only was she concerned about persons parking on Meadow Ridge Lane, but she thought persons would also end up parking on the service road. Right now, if a person/vehicle was heading out on the service road to get onto Dubuque Street and they met a school bus coming in on the service road, it was necessary to pull over to the right, stop and wait for the school bus to pass. The service road was just not wide enough. What would happen if persons were also parking on the service road? Weiss said she felt the Commission needed to be aware that there were a lot of safety concerns which needed to be addressed first before more development occurred in the area. They were already suffering and that would only make matters worse. John Remmert, said the property owners within 200 feet of the property immediately adjacent to the proposed townhouse units were given the opportunity to turn in a formal protest. He didn't live within the 200-feet of the property, but he had gone to everyone on the street and had received unanimous signatures from everyone. Even though not everyone was present at the Commission meeting nor had they spoken up, there was unanimous opposition to that type of density being developed immediately adjacent to their homes. Remmert said even though Hodapp had shown pictures of the proposed development, landscaping, and was trying to make it a beautiful entrance to the City, he was a builder. Builders built developments and moved on. The units would be put up for sale and anyone could purchase them. Because they were zoned R-12, they could be turned into rental properties. Renters didn't own so they didn't take as good care of the properties which had the distinct possibility of creating a less than desirable look than what Hodapp was trying to create. Remmert said in a parallel vein to the decreased value to the area, Travis Remmert had had a verbal offer in the negotiation stages for his house, but as soon as the prospective buyer found out that the area Planning and Zoning Commission Minutes March 6, 2003 Page 7 could be rezoned to allow for townhouses, the officer was withdraw. So his son had already been affected financially by this. Remmert said that the buyer's objection was that they had come from downtown Iowa City, had lived in and were surrounded by rental properties. They were fed up with it and wanted to move out to a nicer area. As soon as they'd heard of the potential rezoning, they were not interested in the property. Remmert said the potential existed to affect future sales of existing homes in the area as well. McCafferty said the RS-12 land use issues did not have to do with whether the units were renter or owner occupied. Even if it was zoned RS-5 there could be rental houses. Hansen said he thought that was important for persons to understand. It was up to the landlord to keep up the property. Bovbjerg said the Commission was not the place where they could let themselves be affected by how the payments were going to be made. For some persons, it was a frustrating division of responsibilities, but that was the way it was. Whether it was a one-unit or 12 unit building, how it was paid for or who lived there was not something that they were allowed to be swayed by. Travis Remmert said with respect to the parking issue, along a lot of the street area they could not park there either. When they had guests they sometimes had to ask their guests to park further down the street as well. The mailboxes were located at the entrance to the cul-de-sac. Federal mail carriers didn't have to deliver mail to boxes that had vehicles parked in front of them if it required the mail carrier to get out of their vehicle. If the proposed development was built with minimal parking available and the residents of Meadow Ridge Lane already had guest parking issues, it would become their responsibility to correct the parking issues on a residential street let alone having to involve 13 townhouse units that would direct their guests to park on Meadow Ridge Lane as well. Remmert said he wished to stress the buffer. He said a couple of trees against Meadow Ridge Lane would not do the job. He would bring video footage of the issues that they were concerned about to the next meeting. Hodapp said parking spaces had been an issue. He had wanted to build 2-car garages but Staff had said they wanted more green space so Hodapp had redesigned the plan to accommodate a two-car stacked garage with a one car entrance and parking for two cars underneath each town home. Each unit can accommodated three cars. If there was a perceived problem with parking, Hodapp said he was more than willing to put in extra concrete to accommodate guest parking. Hansen asked where would the concrete be placed? Hodapp said probably at the south end or on the north end where there is enough room to put three spaces. They could also install gravel for parking to allow green space to come through so the water would drain through instead of draining into the street. McCafferty said there was a product that is a mesh concrete paver which allowed grass to grow through allowing for drainage but was a hard surface to accommodate a car. Freerks said she would suggest removal of some units to accommodate vehicle parking. Hodapp said Travis Remmert had already mentioned that they had parking problems in their development, so that developer had also created more units than adequate parking was available for. He was offering more parking spaces per unit than what an average townhome offered. Per code, only two stalls were required and he was offering three, with additional parking in the area. Hodapp said there had been a problem with Dubuque Street for a very long time. He didn't see how his project would all of a sudden make a big difference when the City wouldn't fund a stop light. He was in favor of having the stop light installed as well. Hodapp said he didn't see college students moving into the units because it was a higher end area. He foresaw his units selling at $145,000 to $155,000 each. He planned to target professors and higher end families. David Nadler said he wanted to make it clear that when he heard it would be at least 5 years before a stop light went in, he had heard those exact same words in that exact same place over 8 or 9 years ago. There was still no light there. Public discussion was closed. Motion: Anciaux made a motion to defer REZ03-00009, a rezoning from High Density Single Family Residential/Sensitive Areas Overlay (RS-12/OSA) to Planned Development Housing Overlay (RS- 12/OSA/OPDH) and an amendment to a Sensitive Areas Development Plan on 2.21 acres to allow Planning and Zoning Commission Minutes March 6, 2003 Page 8 construction of 13 townhouse-style units in addition to an existing family house located at the southeast corner of Meadow Ridge Lane and North Dubuque Street. Freerks seconded the motion. Anciaux said however the vote came out, approval or not, he thought the Commission should send a recommendation to City Council that they install a light at that intersection no matter what. Freerks said there are some things that she really liked about the development, but she also had some problems with it. She thought it was just too high of a density for that lot. Freerks said she would like to see at least the two northern most units removed which would help with the transition in turning from that lane. Freerks said it was such a nice lot and a focal point for persons entering our community; because there had just been a lot of landscaping done along that area; because the Commission had talked about the corridor and the types of infill; she felt that should also hold true for this lot as well. She said it was just too much too tight. She liked the staggering of the units and using different types of siding to break it up, but for safety and parking issues it could be better and needed some tweeking. Koppes said she had some concerns looking at the project. One was the screening of car lights to the existing homes. She wanted to be sure that they were not putting Fights into someone's home. She also thought they needed to address the parking. She didn't think more parking should be put to the north, but somewhere in the center. Freerks said she hated to see what was left of the greenery become concrete. She felt it was a privilege to be able to put the units in, so they could require certain things. Chait said one of the things he didn't want the Commission to talk about was the lack of parking for guests, it was not part of the ordinance. That issue had arisen time and time again. The reason he did not want to talk about it was because the Commission had not done anything about it. It was not fair that they kept bringing issues up, complaining about them, threatening about them but then they didn't take any action to change the underlying ordinance. Chait said in terms of a developer meeting the terms and conditions of the zoning requirements and the building codes, that was what they were there to review in terms of how a parcel was laid out and utilized. They were there to review the ordinances and requirements to provide a reasonable project. If a developer could meet all the requirements, then they had done their job. That had to do with the relationship of the project to the parcel that was being developed. Chait said on a number of occasions they had also gotten into how the neighborhood infrastructure accommodated the kinds of densities that were being discussed and the abilities of traffic to get from the neighborhood onto the street system. That had arisen a lot in the Harlocke-Weeber area as had access onto Benton Street. In that type of a situation, there had been areas where zoning was not approved because it wes too dense even though the density was way less than the zoning of record. Chair said keeping those two issues separate was important because if a project couldn't happen because the requirement of a site couldn't be done was one thing. But if it didn't fit into the neighborhood, that was another set of reasons. They were different but equally valid. Chair said in terms of the kind of parking that was required, if a developer provided what was required or more, then it was not reasonable for them to be arguing with that. If they had issues with the kind of parking that was required then the Commission needed to change the underlying ordinance. Hansen said the parking issue came up a lot out of frustration. When he first started on the Commission, the move to change the zoning codes in Iowa City was to have been imminent at that point. It was now three years later and nothing substantial had changed. Hansen said two wrongs did not make a right. He said they were frustrated that they couldn't get their hands on the ordinance for parking and talk about how to change it. Just because the ordinance was there, it was like the line in the sand - they couldn't go over that certain limit. Yet if that limit led to a frustration that a lot of persons couldn't deal with, but it was in the Commission's preview to deal with it and help a particular situation, he didn't see any problem in doing that on an individual basis. He would also like to see the ordinance looked at. It was the right thing to do. Planning and Zoning Commission Minutes March 6, 2003 Page 9 Shannon said fortunately they had another meeting to hear more details about the proposed development. There were things he liked about the project but he also heard the concerns of the neighborhood and felt they really needed to listen to those concerns. He would reserve his decision until the next meeting. Bovbjerg said she liked the suggestion to reduce the number of units to help alleviate the parking issue. Because of the crowedness on this parcel, the traffic and parking problems, fewer units would help this project, the neighborhood and Dubuque Street. The whole intersection was a real problem. She thought there had been some type of builder's escrow to the contribution to the stop light but asked Staff to get further details regarding developments in the last five years or so. Bovbjerg said parking was a recurring problem as was street accommodation. That was something that they had had to look at in the past and adjustments made because it was not fair to the City to allow cars to go onto a street that was already clogged with the persons already living there. The Commission had to consider not just this acreage, but also the neighbors and everything that that included, and the street and everything that that included. Bovbjerg said the Commission did not like to plan for disaster. She understood the desire of anyone owning the parcel to get a good return on their investment, but when there were requested variances or big variances on the code, she felt the Commission had a civic duty to look very carefully to see if that type of variance should be allowed on certain piece of property in a certain neighborhood in a certain section of town in Iowa City because it would have an impact on the neighbors, on everything else and on precedent. Bovbjerg said she would be happier seeing several fewer units, for the area itself as well as for the traffic and for the neighborhood. Bovbjerg said enough '5-years' had gone by to get a light at that intersection. She didn't want to see a major accident occur at that corner which had become very dangerous, especially when school, City and church busses used that corner regularly. Chait said the zoning that was currently in place on that property allowed for three duplexes or six units and the house. The zoning allowed for twice the density that the applicant had requested. Chair said from what he'd heard, even with infrastructure improvements and the light five years from now, it would still be a challenge to get in and out of the area because of the distances between the frontage road, stacking and other mentioned items. Chair said his concern in a very general way was that the proposed project was about one-half the density allowed by the zoning. The developer was not coming in at the top end of the allowable zoning and had spent considerable time, energy and resources to look at the project. Staff had also spent a considerable amount of time, energy and resources to review the project. Then when the project came before the Commission, they had a seemingly different set of standards. His concern was that there was a disconnect somewhere. He asked how did they get things more realistic in terms of having Staff and owners of property know what the possibilities were? It didn't seem fair to him. Freerks said she didn't think there was a disconnect. She looked at it differently. The Commission had never required a developer do maximum density. She said once the area that couldn't be built on was removed, the remaining density was approximately 9 dwelling units per acre and right now they were at 6.7 units. To take off a few units didn't seem to be a terrible dilemma to her or seem to be so extreme. Chait said to get this far in the process in terms of negotiating and coordinating between the developer and Staff and then the Commission having a seemingly different set of standards, that issue needed to be addressed. Freerks said she thought that should be a discussion they have with Staff. She too would like to have a more seamless development process but they should try to get the best development possible. Chait said his concern was to have more consistency in the process. Hansen said he agreed with Chair. A notification to homeowners as well as to buyers would be a good thing. Perhaps persons would investigate zoning further before purchasing their home. He said Chait was exactly correct when he said, "negotiations between Staff and developer." The missing key word was neighborhoods. Hansen said we live in a town where neighbors and neighborhoods were allowed to voice their opinions. Without it up front, the Commission got it at the meetings. There was a big disconnect there. Chair said perhaps Staff should encourage and/or direct developers to talk to the neighbors and to the neighborhood. Freerks said that is what they had suggested at past meetings and that the good neighbor policy be mandatory and not just for persons within the 200-feet of a proposed development. The wording of the Good Neighbor Policy wouldn't necessarily have to imply that it occur at the end stages of a project. Bovbjerg said there had also been discussions that very preliminary layouts happen with developers, Staff and either full or partial Commission, to have some idea of a neighborhood aspect from Planning and Zoning Commission Minutes March 6, 2003 Page 10 the point of Commissioners who had been through the neighborhood aspect before. Bovbjerg said they were not obligated nor accustomed to just rubber stamping any project that came before them because it had been worked on for X number of days or because it met exact numbers if it were not appropriate for the site. Their obligation was to the City. If by the time they saw it they had reservations based upon their commitment and trust for the City, then they must express it and let it be known. Because it was a planned development, there was a great deal that the planners, the Commission or Council could do and felt it should do for the neighborhood and for the City as a whole. Their charge from the City was more than just the immediate project before them. The motion passed on a vote of 7-0. CZ03-00001, discussion of an item submitted by Tom and Emily Harney for a rezoning from Al, Rural, to RS, Suburban Residential, for 1.31 acres of property located in Fringe Area A on the south side of 320th Street NE, east of Prairie cu Chien Road. Yapp said the property was located in Fringe Area A of the Fringe Area Agreement between Johnson County and Iowa City. The 114.23 acre farm was currently zoned RS, Suburban Residential, except for an 8.75 acre strip along the east side of the farm, which was zoned Al, agricultural. The applicant wished to rezone the north 1.31 acres of this strip to RS to allow his son to construct a home on it. Yapp said Staff normally would be hesitant to recommend the rezoning however the applicant did not want to 'lose' any of the area being farmed. Factors which Staff had considered and felt made this parcel an appropriate location for a second house on the farm were: · The parcel was not in crops, so none of the area actually being farmed would be affected which met one of the Fringe Area Agreement purposes for preserving farm land. · Creating two residential lots in close proximity allowed the property owners to share a well and outbuildings, which helped to meet the 'clustering development' purpose of the Fringe Area Agreement. · The proposed residential lot was on higher ground outside of the floodplain. Yapp said Staff recommended approval of this rezoning and recommended that the City Council send a letter to the Johnson County Board of Supervisors finding that the proposed rezoning met the technical requirements and the spirit of the Fringe Area Agreement and therefore recommended approval of the proposed rezoning subject to general conformance with the rezoning exhibit. Chair asked if Staff had communicated with the applicant regarding the future extension of Oakdale Boulevard. Yapp said they had mentioned it to the applicant. The City had just started working with the County on this very long range project, they had just looked at the topography. Public discussion was opened. Tom Anthony, Landmark Engineering, said in 1960 when the property had been zoned the County wide zoning had been based on section lines and not on who owned what. The outlot requirements for open space had been met. Staff had both spoken with him and the applicant regarding the Oakdale Boulevard extension' which would cross part~h of the Harney farm. They were fairly certain that it would not impede the proposed residential lot on 320 Street. Public discussion was closed. Motion: Chait made a motion to approve CZ03-00001, a rezoning from Al, Rural, to RS, Suburban Residential for 1.31 acres of property located in Fringe Area A on the south side of 320th Street NE, east of Prairie cu Chien Road. Additionally that the City Council send a letter to the Johnson County Board of Supervisors finding that the proposed rezoning met the technical requirements and the spirit of the Fringe Area Agreement and therefore recommended approval of the proposed rezoning subject to general conformance with the rezoning exhibit. Anciaux seconded the motion. The motion passed on a vote of 7-0. REZ03-00004, discussion of an application submitted by the Historic Preservation Commission combining the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District. Planning and Zoning Commission Minutes March 6, 2003 Page 11 Yapp said on this particular issue a letter from the State had not been received yet. Staff recommended deferral of REZ03-00004. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to defer REZ03-0000~, an amendment to combine the Longfellow Historic District and the Moffitt Cottage Historic District into one historic district named the Longfellow Historic District. Koppes seconded the motion. The motion passed on a vote of 7-0. OTHER: Chait said they had had many conversations regarding the Monday evening informal meetings. He said if he was not going to attend a meeting, it would be the informal meeting because nothing really ever happened on Monday evenings except for the information that was repeated at the formal meetings. Chait said his discussions early in the evening had been concerns about a level playing field, objective review of issues and things like that. Chait said the Commission could continue to do what they were doing, "pissing, whining and complaining", or they could do something different. Chait asked what would happen if the Commission tried to take a little more power, formed a committee represented by some members of the Commission and met more regularly with Staff to know what was going on behind the scenes, who Staff was talking to, who was coming in, and what was happening? Chair said next to City Council, they were the most committed Commission. That would allow them to have a bigger connection to Staff and to background information. Then perhaps on Monday evenings, the committee could relay to the Commission what was going on and what was coming up. It would make the informal meeting more informational and relevant. Chait said he felt it would make them more viable and responsible not only to the developer but to the neighborhood as well. Hansen asked if Chait envisioned that the committee would be briefed by Staff or one that would sit in on meetings with Staff. Chair said he thought the committee could do whatever they wanted, to what ever level of commitment they wanted. It would allow a little more pre-knowledge of what was happening. Twice a month on Monday evenings the committee could report to the Commission about concerns or issues. It would be a means of interrupting the break-downs that consistently seemed to be occurring and provide them a little earlier and more intimate connection detail wise with Staff. Chair said he felt that was what was missing. They had an opportunity to do something different and that was his challenge - to do something different. Hansen said he thought that was a good idea. He had often thought that it would be nice to sit in on a Staff meeting to know what was coming up in order to have more time to think about upcoming items. Hansen said parking seemed to be the one bone of contention the majority of the time. Chair said he was suggesting creating a mechanism whereby the Commission could address their concerns. It was a way to give them more power to guide and direct their own actions. Behr would need to advise them legally how to accomplish what they were trying to do. Chair said they were not a rubber stamp of Staff. They wanted to support Staff, but if they wanted to do this and could do it legally, then they should do so. Freerks said she thought it was a great idea, it was a way to get more in tune. For the most part she was happy with the majority of what Staff did. Hansen asked if there was a way to call the parking ordinance code re-write in now, to say the Commission wanted to see it now? Bovbjerg asked if it was possible to alter the order of the planned sections of the Code that were coming to the Commission? Yapp said he was not directly involved with the project, but he would find out for them. CONSIDERATION OF 2/20/03 MEETING MINUTES: Hansen made a motion to approve the minutes as printed and corrected. Freerks seconded the motion. Planning and Zoning Commission Minutes March 6, 2003 Page 12 The motion passed on a vote of 7-0. ADJOURNMENT: Anciaux made a motion to adjourn the meeting at 10:05 pm. Koppes seconded the motion. The motion passed on a vote of 7~0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill CALL TO ORDER ATTENDANCE CONSENT CALENDAR POLICE CITIZENS REVIEW BOARD MINUTES - March 4, 2003 FINAL/AP~ Chair John Stratton called the meeting to order at 7:00 p.m. Board members present: Loren Horton, John Watson, John Stratton; board member absent: Bev Smith. (Bill Hoeft has resigned from the Board) Legal Counsel Catherine Pugh and Staff Marian Karr also present. Also in attendance was Captain Johnson of the ICPD, Annie Sheppie with the Daily Iowan and Frank Gluck with the Gazette. Motion by Watson and seconded by Horton to adopt the consent calendar as presented. Watson commented that the Police Media Relations clearly spells out that officers are only supposed to give out factual information. · Minutes of the meeting on 01/21/03 · ICPD General Order 00-04 (Body Armor) · ICPD General Order 00-07 (Police Cyclist) · ICPD General Order 01-04 (Bomb Threats/Emergencies) · ICPD General Order 01-07 (Police Media Relations/Public Information) · ICPD General Order 01-09 (Narcotics, Organized Crime and Vice Investigations) Motion carried, 3/0, Smith absent. NEW BUSINESS OLD BUSINESS No new business. · Review of Traffic Stop Policy- GO#99-07 Stratton noted the Board received a request from the City Council to review the traffic stop general order, and stated he had created a document about the policy, which he distributed. The Board had been provided with a revised version of the general order, the standard operating procedures that accompanied it, a model traffic stop policy, as well as an issues paper. Stratton stated after going through all the materials he had reached the conclusion that the order was well written and clear and had been utilized in many jurisdictions. However, Stratton thought that it had one deficiency - in the area of what to do when people don't follow directives of an officer during a traffic stop. Currently, that is left to the discretion of the individual officer within the broad guidelines of polite and professional behavior. The issues paper stated that an officer has a number of options which include reaching for his weapon or backing off. Stratton stated that a policy statement should be developed for certain kinds of situations. He also felt that the Department would need to go through training on the policy. Horton stated that he wanted more emphasis on public education. He suggested reissuing the leaflet "Explaining Traffic Stops." Captain Johnson informed the PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION DR~4FT Board that this leaflet is in the front lobby of the Police Department. Horton suggested distributing that more widely such as on the web page and the library. Watson suggested mentioning it on water bills. The document was changed to include the suggestions on public education. Watson wanted to emphasize in the policy a duty of the officer to de-escalate or avoid escalation during traffic stops. The document was changed to reflect this view. Horton moved the adoption of the policy review evaluation document as amended, seconded by Watson. Motion carried 3/0, Smith absent. No public discussion. Horton had a great time in Arizona. Stratton received a request to speak at a Sertoma Club meeting. The engagement is April 10th at noon at the University Club. Stratton will attend, speak and show the PCRB video. Karr spoke about the distribution of the NACOLE articles. It had previously been decided to have the articles scanned and archived on the website. There has been an increase in the articles which is taking up a considerable amount of Staff time. Because of this the Board decided to discontinue the scanning and indexing of the articles by the Staff effective immediately. Watson suggested putting a link to NACOLE's website on the PCRB webpage and informing the public that there are articles located there. Watson also suggested putting a reminder along with NACOLE's website on the Board's packet cover sheet. Stratton recently ran across a manual on traffic stops on racial profiling from the Department of Justice and he wondered if Captain Johnson's Department had a copy of it. Captain Johnson said that he wasn't familiar with the manual, but he thought the Lt. Jackson used it when he prepared his paper at Louisville. Stratton was going to check the date on the manual. If it was more recent he will let Captain Johnson know. Pugh clarified the legal terms regarding the difference between interference with official acts and obstruction of justice. They are one in the same as far as the statute is concerned. The definition of obstruction is used in the statute 719.1 - interference with official acts. This statute makes it a simple misdemeanor for anyone to knowingly resist or obstruct anyone known to be a police officer. That would be the same if an order was given and not followed - which would be resistance and interference with official acts. For a simple misdemeanor the penalty is a minimum $50 fine or up to 30 days in prison. Under the City statutes there is also a category for either refusing to assist officers or obstructing officers. EXECUTIVE SESSION REGULAR SESSION DRAFT They are simple misdemeanors as well. Stratton asked what the difference was of charging under the City or under the State. Pugh said the definitions are basically the same and the penalties are essentially the same. Captain Johnson stated that they encourage officers to cite under City Code. The City Attorney would prosecute City violations, whereas, the County Attorney would prosecute State Code violations. Pugh said that if it escalates at all beyond the simple misdemeanor level then the State statute is the only one that covers it. Motion by Horton and seconded by Watson to adjourn into Executive Session. Motion carried, 3/0, Smith absent. Open session adjourned at 7:40 p.m. Based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11 ) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Returned to regular session at 8:45 p.m. Motion by Watson and seconded by Horton to accept the level of review for the Chief's report on PCRB Complaint review #02-01 at 8-8-7(B)(1 )(a), on the record with no additional investigation, in accordance with the Ordinance. Motion passed 3/0, Smith absent. Motion by Horton and seconded by Watson to request a 45-day extension for #02-02 and #02-01. Motion passed 3/0, Smith absent. Motion by Watson and seconded by Horton to accept the level of review for the Chief's report on PCRB Complaint review #02-02 at 8-8-7(B)(1 )(a), on the record with no additional investigation, and 8-8-7(B)(1)(e), performance by board of its own additional investigation, in accordance with the Ordinance. The Board also directed staff to request additional information as sighted in the complaint. Motion passed 3/0, Smith absent. MEETING SCHEDULE ADJOURNMENT DR~4FT · March 11,2003, 7:00 P.M., Lobby Conference Room · April 9, 2003, 7:00 P.M., Lobby Conference Room · May 13, 2003, 7:00 P.M., Lobby Conference Room · June 10, 2003, 7:00 P.M., Lobby Conference Room The Board rescheduled the April 8th meeting to Wednesday, April 9th at 7:00 p.m. Watson brought up the attendance issue. Pugh suggested putting that on the agenda of the next meeting. The Board discussed their need for a new member with police experience due to Hoeft's resignation. Applications are available at the City Clerk's office. The qualifications are a person of voting age living in the City of Iowa City. There is caveat that with due cause the living requirement can be waived on this member. Motion by Hot,on and seconded by Watson to adjourn. Motion carried, 3/0, Smith absent. Meeting adjourned at 8:55 p.m. MINUTES PUBLIC ART ADVISORY COMMITTEE CIVIC CENTER LOBBY CONFERENCE ROOM THURSDAY FEBRUARY 6, 2003 Members Present: Members Absent: Staff Present: Other Present: Call to Order APPROVED Barbara Camillo, Rick Fosse, James Hemsley, Betsy Klein, Terry Trueblood, Emily Walsh Chuck Felling Marcia Klingaman None Marcia Klingaman called the meeting to order at 3:35. Klingaman began the meeting, as there is not a 2003 chairman. Introduction of New Member Klingaman introduced James Hemsley as newest member of the committee. Hemsley gave a brief overview of his background and the other members introduced themselves. Election of Officers for 2003 Klingaman had previously spoken with Chuck Felling and he has agreed to accept the position of Committee Chairman. The committee described the position and duties and asked James Hemsley to consider the position of Vice-Chairman. MOTION: Emily Walsh moved to accept Chuck Felling as the committee chair and James Hemsley as vice-chair. Rick Fosse seconded the motion. All in favor, motion passed 6-0. Public discussion of any item not on aqenda Klingaman distributed the Citizens' Summary 2004-2006 Proposed Financial Plan. Emily Walsh asked about the current status of the budget and any funds not used. Klingaman clarified status of budget and responded that any unused funds will be carried over. Consideration of the minutes of the December 12, 2002 meetinq Emily Walsh noted that her name is incorrectly spelled. Correct spelling is Walsh not Walsch. MOTION: Rick Fosse moved that the minutes of December 12, 2002 be accepted as submitted with the spelling correction of Emily Walsh's name. Barbara Camillo seconded the motion. All in favor, motion passed 6-0. Discussion of the Neiqhborhood Art Pmqram proposal and video (Fellinq and Klinqaman) Klingaman gave review and background information on the Neighborhood Art Project, stating that the focus of the program has currently been creating a video that will educate people as to what neighborhood art is. Also, there is a Neighborhood Art Program Procedure information guide that Karen Franklin and Marcia Klingaman have developed to help neighborhoods walk through the process of how to obtain art in their neighborhoods, what type of art and who will assist them in the process. Currently, only the Longfellow neighborhood has viewed the video and the feedback was very positive and in support of the project. The video was shown to committee and program procedure information distributed. Public AA Advisory Committee Minutes February 6, 2003 Page 2 Klingaman asked for comments on the video. All committee members felt the video is very well done. Fosse liked length of video especially for public access viewing. The video will be shown on the Public Government access channel. The committee discussed various types of art and some that have been successfully done in other cities. Camillo suggested giving the neighborhoods more examples to stir creativity. Klingaman noted the Northside neighborhood is next to view the video and this will be at their February neighborhood meeting. Klingaman asked the committee to review the program procedure information guide for discussion at the March meeting. Committee/Other Business Poetry on Buses - Klingaman has solicited the interest of several people from different fields that would be good contributors to a sub-committee. The program is still in an infancy stage. Klingaman asked for help and participation for the planning of the project. Camillo and Walsh volunteered to participate on the Poetry sub-committee. The goal was to have the program start in April 2003 and coincide with National Poetry month. Adiournment MOTION: Rick Fosse moved to adjourn the meeting. Terry Trueblood seconded the motion. All in favor, motion passed 6-0. data on cltynt/pcd/min ute s/pu blic art/art01-06-03.doc MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 18, 2003 FINAL/APPROVED MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS: CALL TO ORDER Lori Benz, Eve Casserly, Jay Honohan, Betty Kelly, Allan Monsanto, Charity Rowley, Jim Schintler, and Deborah Schoenfelder Joanne Nora Michelle Buhman, Craig Buhman, Linda Kopping, Susan Rogusky and Julie Seal. Stan Aldinger, Jon Cryer, Nancy Adams-Cogan, Linda Fisher, Irvan Phab, Gretchen Grimm, Betty McKray, Ina Lowenberg, Lee McGovern, Charlotte Walker, William Laubengayer, Bob Welsh, Edna Weber. MINUTES Motion to approve the Jan. 14, 2003 minutes as distributed. Rowley/Monsanto. Motion carried on a vote of 8-0. Motion to approve the Jan. 21, 2003 minutes as amended. Kelly/Schintler Motion carried on a vote of 8-0. Helen Gjovig was added to the list of guests at the Jan. 21 meeting. PUBLIC DISCUSSION: Charlotte Walker requested that copies of the Senior Center Commission agenda be available for the public to pick up on the day of the Commission meeting. NUTRITION PROGRAM LEASE UPDATE - Honohan Currently there is not an executed lease between the Senior Center and Elder Services for the meal program. The Commission has been in the process of negotiating a lease with Elder Services and Heritage Agency for some time. The issue of ownership of some of the items in the Senior Dining Kitchen remains unresolved and has, therefore been removed from the newly proposed version of the lease. Kopping, Honohan and Assistant City Attorney Sue Dulek, agree that it is better to have a lease, even with the ownership issue unresolved, than to have no lease at all. Copies of the proposed lease were distributed in the packet. Motion: to forward the proposed lease agreement to Elder Services for their review and hopefully their agreement. Kelly/Monsanto. Motion carried on a vote of 8-0. OPERATIONAL BUDGET: PLANS AND PROGRESS Review and Discussion of Planning for Change: FY04 Funding, Operational and Program Changes at the Iowa City/Johnson County Senior Center Revision III- Kopping/Honohan Linda Kopping reported that the County plans to provide $75,000, in the form of a block grant, toward the FY04 Senior Center Operational Budget. This block grant will need to be applied for on an annual basis. Future grants could be more or less than this year's amount of $75,000. Rowley questioned whether or not the block grant comes out of the general or rural fund. MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 18, 2003 FINAL/APPROVED Honohan will check on where these funds actually come from. The major concern of the Commission is whether or not the block grant process continue to provide needed annual County funds to the Senior Center in FY05 and beyond. In addition, in the absence of a 28E agreement with the City, there will no longer be county representation on the Senior Center Commission after June 30, 2003. The Senior Center Advisory Report- William Laubengayer, Jo Hensch (via e-mail) and John Cryer. The Participant, Program and Volunteer Advisory Committees meet last week in order to review the "Planning for Change Revision III, document. The Committees came up with four specific changes to the document. (See attached document) After reviewing the comments, it seemed that there was not much overall criticism to the draft, and that the group thought membership fees were acceptable. A sliding scale for memberships, expanding programming, reduced rate for two members in the family, and expanding hours were discussed as possibilities. Ninety percent of the discussion focused on membership fees. Those attending the meeting suggested a basic membership fee be implemented with the option of donating over the basic amount if one could afford it. The amount people would pay should be kept confidential so people will not feel bad about paying at the lower level. It was noted that the scholarship program was not well received in the past as participants were hesitant to apply for assistance. One concern regarding the sliding scale is that given the option, people would pay the lowest level. The Advisory Committees felt that the majority of participants would pay an amount above the lowest level. Chair of the Johnson County Task Force on Aging- Bob Welsh This report was included in the Commission packets. The Task Force would like to see a broader look at the programming in the Senior Center. it would like to see the Senior Center invite service organizations to provide activities at the senior Center. The Task Force would like to see more community groups use the Center. It would like the City Manager to reorganize the Senior Center staff in order to accommodate a leaner budget. The Task Force would like the name of the Senior Center remain the same. It proposes a ten-dollar per year membership fee. The Task Force believes that people would donate money above that amount to cover the deficit in the operational budget. The Officers of the Senior Center Commission and the officers of the Task Force plan to meet and discuss the items Bob Welsh presented at the Commission meeting today. Commissioners discussed the comments from the Advisory Committees. Keeping the suggestions from the Advisory Committees in mind, Kopping prepared and distributed an example of a scaled membership fee schedule. The Iowa City Residents would pay a basic membership fee of $25.00, non-Iowa City residents pay $50, and non-Johnson county residents would pay a $100. Those who contribute an amount over the basic fee would be recognized for their donation. MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 18, 2003 FINAUAPPROVED It was suggested that if a person were to contribute at the "platinum" level they would be eligible for a free parking permit. Commissioners agreed that if this plan is adopted it should be for only one year and be evaluated at that time. It was suggested that if this plan, with the lower membership fee schedule, is adopted then the Commission would need to assess an additional fee for classes in order to cover the potential shortfall in the operational budget. Casserly would like to see the Senior Center Commission members who are appointed by the County request an increase in funding from the Board of Supervisors. Motion to send the Johnson County appointed Commissioners to the next meeting of the Board of Supervisors to ask for an additional $25,000 or $100,000 total, to cover the FY04 operational budget. Rowley/Kelly. Motion carried on a vote of 8-0. Motion: If the Board of Supervisors agrees to provide an additional $25,000 the membership fee should be $10.00 per year. Rowley/Casserly. Motion failed, Schintler, Rowley, Schoenfelder, Monsanto against. Motion to put the newly proposed fees (See attachment), as a sliding scale, into the draft revised version of the draft. Rowley/Monsanto. Motion carried on a vote of 6-2. Kelly/Casserly opposed. No other changes to the draft as proposed. The next Commission meeting will be held on 9AM March 24, 2003. The public meeting to discuss the draft will be held on Monday March 10, at 2:00 in the Assembly Room. SENIOR CENTER UPDATE Operations-Kopping Planning for Change document discussed earlier in meeting. No additional Operations items to report. Programs- Seal Seal highlighted events happening in March. See the March Post for full details. The New Horizons Band Extravaganza has been held in Iowa City in 1999 and 2001. The band would like to host another Extravaganza in June of 2003. The budget is around $3,000. Seal requested that the Commission approve $750.00 again this year in order to support this function. Motion to contribute $750.00 of gift fund money to support the New Horizons Band Extravaganza. Rowley/Kelly Motion carried on a vote of 8-0. Volunteers- Rogusky Reported on progress made on the Center for Learning in Retirement. MINUTES SENIOR CENTER COMMISSION TUESDAY, FEBRUARY 18, 2003 FINAL~PPROVED JANUARY COMMISSION VISITS City Council- Rowley Rowley Informed the Council on the proposed operational changes. The Council requested a copy of the next Center for Learning brochure. Board of Supervisors- Monsanto Monsanto reported on the status of the current draft of the Planning for Change document. Next month's visits and assignments Schintler will do the Post adicle and visit the Board of Supervisors meeting. Honohan will go to the City Council meeting. Motion to adjourn. Rowley/Monsanto Motion passed on a vote of 8-0.