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2009-11-05 Info Packet
~~r ~~~ -•~a..`_ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET November 5, 2009 NOVEMBER 12 SPECIAL COUNCIL WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Associate Planner: Upcoming planning events for the Riverfront Crossings District IP3 Memorandum from the City Clerk: Materials for 2009-2010 Orientation (See Item below) Open Meetings, Open Government Booklet from Iowa League of Cities [Distributed at 11/12 Council Orientation Meeting] MISCELLANEOUS IP4 Memorandum from the City Clerk: Possible addition to legislative priorities IP5 Memorandum from the JCCOG Traffic Engineering Planner to Residents of Shannon Drive between Rohret Road and Tipperary Road: Meeting to discuss traffic calming on Shannon Drive IP6 Police Department - P.A.U.L.A Report September 2009 IP7 Building Permit Information -October 2009 IP8 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP9 Civil Process Worksheet (X2) -Plaintiff Robert J. Hegeman vs Defendant City of Iowa City and City Council of Iowa City DRAFT MINUTES IP10 Human Rights Commission: October 20, 2009 IP11 Planning and Zoning Commission: October 12, 2009 IP12 Planning and Zoning Commission: October 15, 2009 IP13 Board of Adjustment: October 14, 2009 IP14 Senior Center Commission: October 27, 2009 IP15 Board of Appeals: November 2, 2009 ~~~~~ -•e...~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET November 5, 2009 NOVEMBER 72 SPECIAL COUNCIL WORK SESSION IP1 Council Meetings an Work Session Agenda IP2 Memorandum from the A sociate Planner: Upcoming planning ev nts for the Riverfront Crossings District IP3 Memorandum from the City erk: Materials for 2009-2010 Orie tation ISCELLANEOUS IP4 Memorandum from the City Clerk: P ssible addition to le slative priorities IP5 Memorandum from the JCCOG Traffi Engineering Pla ner to Residents of Shannon Drive between Rohret Road and Tipperary Ro :Meeting to iscuss traffic calming on Shannon Drive IP6 Police Department - P.A.U.L.A Report Sep ember 009 IP7 Building Permit Information -October 2009 IP8 Memorandum from the Director of Public Works d the Director of Planning and Community Development: Update: Flood-related activitie IP9 Civil Process Worksheet (X2) -Plaintiff bert J. egeman vs Defendant City of Iowa City and City Council of Iowa City DRAFT' MINUTES IP10 Human Rights Commission: October 0, 2009 IP11 Planning and Zoning Commission• October 12, 2009 IP12 Planning and Zoning Commissi :October 15, 2009 IP13 Board of Adjustment: October 4, 2009 IP14 Senior Center Commission: October 27, 2009 IP15 Board of Appeals: Novem er 2, 2009 .'. _. _~ ~~-us-ua ~... ®_ ~ ~ti'"',~~ IP1 City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas November 5, Zoos www.icgov.org • WEDNESDAY, NOVEMBER 11 Emma J. Harvat Hall Veterans Day -City Offices Closed • THURSDAY, NOVEMBER 12 Johnson County Health & Human Services B/dg Room 203 9:15x-10:OOa Special Work Session 8~ Joint Meeting with Planning and Zoning Commission ^ EPA Consultant Team for Riverfront Crossings District 6:30p Special Work Session -Orientation/Joint Meeting Emma J. Harvat Hall ^ Outgoing and Incoming City Council TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, NOVEMBER 16 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, NOVEMBER 17 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, NOVEMBER 30 Emma J. Harvat Hall 6:30p Regular Council Work Session • TUESDAY, DECEMBER 1 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, DECEMBER 7 Emma J. Harvat Hall 5:OOp Meeting with Legislators • MONDAY, DECEMBER 14 Emma J. Harvat Hall TBA Regular Council Work Session 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) • MONDAY, JANUARY 18 Emma J. Harvat Hall Martin Luther King, Jr. Day -City Offices Closed • WEDNESDAY, JANUARY 20 North liberty 4:OOp Joint Meeting IP2 City of Iowa City MEMORANDUM -, Date: November 4, 2009 To: City Council From: Karen Howard, Associate Planner RE: Upcoming planning events for the Riverfront Crossings District Attached is an invitation to the various public planning events for the Riverfront Crossings District, which is a new name for the Near Southside District combined with the South Gilbert Street Commercial Corridor, as shown on the attached map. This area is roughly bounded by Burlington Street on the north, Hwy 6 on the south, Gilbert Street on the east and the Iowa River on the west. The City received a grant of technical assistance from the federal Environmental Protection Agency with help from the Rebuild Iowa Office, Iowa Department of Economic Development and FEMA. The grant will take the form of consulting services from national experts to help determine policy and implementation strategies to facilitate future redevelopment in the Riverfront Crossings District in a manner that will add to the vitality of downtown Iowa City by capitalizing on the opportunities for mixed-use, transit- oriented development in an area where there is a possibility of both regional and local passenger rail service, enhanced bus service, and good access and facilities for pedestrians and bicyclists. This is also an ideal opportunity to rethink use of the riverfront in light of recent flooding and the City's plans to relocate the North Wastewater Treatment Plant out of the Iowa River floodplain. We encourage you to attend any or all of the public events listed on the invitation. In addition, the consultants would like to discuss your ideas and perspectives at a smaller focus group session for City Council members, Planning and Zoning Commissioners and Parks and Recreation Commissioners scheduled for Thursday, November 12, from 9:15 to 10:00 AM in Room 203 of the Johnson County Health and Human Services Building, 855 S. Dubuque Street. We appreciate that your time may be limited and that you may not be able to attend all of the scheduled events. We suggest that the most beneficial meetings for council members to attend are the focus group session on Thursday at 9:15 and the Public Input Workshop on Friday from 5:30 to 7:30. Please let me know by email (Karen-howardCc~iowa-citv.orq) or phone (356-5251) which sessions you plan to attend. Cc: Dale Helling Marian Karr Jeff Davidson Bob Miklo You Are lnvited... to a series of interact~'ve workshops r RIVERF~ONT - -- Crossings The City of Iowa City has teamed up with the Environmental Protection Agency (EPA), the Rebuild Iowa Office (RIO), and the Federal Emergency Management Agency (FEMA) on a project that could bring major change and redevelopment to Iowa City. This redevelopment area, roughly bordered by Burlington Street to the north, Highway 6 to the south, Gilbert Street to the east, and the Iowa River to the west, is being called the Riverfront Crossings District (see map on reverse). The City wants your input to help transform Riverfront Crossings into a walkable, transit-friendly neighborhood near Downtown Iowa City and the University of Iowa campus that features a mix of housing, storefront retail and office space, entertainment and recreational facilities, and public open space and trails. Please join us at the following events which will be lead by national experts in land use, transportation and community design. All workshops will be held at the Johnson County Human Services Building - 855 S. Dubuque St., 2nd Floor, Room 203. 1. Public Kick-off Presentation Wednesday, November 11, 6:00 to 7:30 pm (Join us for a presentation and discussion facilitated by national experts on urban design and transportation) 2. Community Open House Friday, November 13, 12:00 to 1:00 pm (Drop in to observe the design team in action and ask questions about development concepts and policies) 3. Public Input Workshop Friday, November 13, 5:30 to 7:30 pm (Participate in an interactive public input workshop to plan for the future of the River Crossings District) This planning effort comes at a pivotal time for the district, with... • the potential introduction of Amtrak rail service to Iowa City and Chicago; • the possibility for light rail service from this area through the heart of downtown Iowa City and the University of Iowa campus to Coralville, North Liberty and Cedar Rapids; • discussions about relocating the Hancher/ Voxman/ Clapp performing arts facilities to this area; and • a desire to reclaim the riverfront for public open space, recreation, and trails in response to recent flooding. r ~,. ~,,;. ~ dt~, ~uiri~' s ~' '' y~w~~A1l -~.as._ CITY OF IOWA CITY SPACE lS LIMITED! Please RSVP by November 6, 2009 To RSVP for the Kick-Off Presentation or the Public Input Workshop or for more information contact Karen Howard at karen-howard@iowa-city.org or (319) 356-5251. Riverfront Crossings District ~~~~ ~~~ ' ~ ~~ ,. `' ~.1RLINGTON_ST: ':- - _ .. ~ ` SFA1E" WAY 1 E ~,. ni v~rsi t _. _. _ _ P '. ~~ ecreatio ~ ~~. _- ou t S . ~ Mi ed e e i- Trasor %~ ~A Center r.-. Ce to o rki g , _ . ~~; ~, ~ ~ cou ,. ~~ ~~" ~ r couRT sT Facility ,. ; ~~ ,. „~ oun y Post .- _._. _ _ ._ .' l ~ UNIVER 1 _ Court ffice ~' ~~ ~. _ House ! `~ OF i0 A ,_ 1 HARRISON ST N (~ Z IIVERSIDE CT c~ ,} ~' D ~ ~ ~ z ~ Z 3 Q m _ ~ ~ y ', ~~ PRENTISS ST ~ BOWERY ST z J _. .....,.. ... •. ` _ { ~. ' .. ..... x- ._. i TLE AVE ~ - ~ T t . ~ . _._, _,, _ Q _.. _ _ ~.~ .. _.-.._ . ~ . ~~ ,- SO BL~R~ : ~~ y , ..~ L3 ~ ..- ~ ~'~ ..M.~ W,.. ,- ,AE,6YE ,SX ... -... :~. ... ~, w ~~ __ ~;, ,' Johnson ~ ~~ ~ ~. 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Karr, City Clerk RE: Materials for 2009-2010 Orientation Attached are materials for our orientation meeting planned Thursday, November 12, at 6:30 p.m. Please note: • Individual photos are scheduled at the beginning of the meeting • Bring your calendars for scheduling purposes (and note the draft schedule included in this packet) Coverletter09.doc TABLE OF CONTENTS Agenda ....................................................................................... 1 A. Introduction .............................................................................. ~ Open Meetings/Open Government Council E-Mail Communications ............................................. 23 Use of City stationary ............................................................. 26 Measures and voting procedures ................................................ 27 Ordinances/Resolutions/Motions ................................................. 28 Conflict of Interest ..................................................................29 Planning & Zoning Consultation Policy ..........................................30 B. Organizational Meeting ............................................................... 33 Council Committees Policies Council Members on governing Board of City funded agency ....... 37 City Council appointees voting in accordance w/ City Council policy .. 38 C. Work Session ........................................................................... 39 Background/history Procedures for adding ............................................................. 40 Draft January, February, March 2010 meeting schedules ..................... 41 D. Formal Meeting ............................................................................... 44 Resolution establishing day and time Resolution regarding order of business ................................................ 45 Resolution establishing procedure for calling a special meeting ....................46 E. Council Packets/Agenda Preparation ....................................................... 47 Distribution of Council correspondence Packet deadlines ......................................................................... 48 Gender Balance on Boards and Commissions ...................................... 49 Policy regarding expedited action on non-controversial items ................... 50 F. Computer Training ............................................................................. 51 Council Bio Information sheet Resolution establishing policy for equipment and stipend dedicated phone line .52 Stipends .................................................................................. 53 54 G. Miscellaneous ................................................................................... Council travel guidelines 55 Staff Chart ................................................................................. Attorney Assignments ................................................................... 56 Municipal Leadership Academy ...................................................... 57 City Manager Search ..................................................................... 58 S: councilmembertransition/tableocontents. doc 2009 - 2010 Council Orientation AGENDA November 12, 2009 6:30 PM Harvat Hall A. INTRODUCTION 1. Open Meetings/Executive Sessions/E-mail 2. Special Functions/Travel Policy 3. Posting and minutes 4. Voting procedures 5 . Ordiriances/Resolutions/Motions Consult policy with Planning & Zoning 6. Contact with staff B. ORGANIZATIONAL MEETING 1. Election of Mayor & Mayor Pro tem 2. Appointment to Committees 3. Between January 2 and noon on January 6 C. WORK SESSION 1. Purpose/Procedure/Fairness 2. Day and Time; currently 6:30 PM Monday before a formal 3. Scheduling of upcoming special budget work sessions (January) D. FORMAL MEETING (set by resolution) 1. Currently 1St & 3`d Tuesday at 7:00 PM; Continue or change 2. Order of items 3. Special meeting procedure E. COUNCIL PACKETS/AGENDA PREPARATION 1. Agenda Prep/Distribution 2. Deadlines 3. Late items 4. Board and Commissions applications/gender balance 5. Distribution of Council Correspondence F. COMPUTER TRAINING 1. Laptop 2. E-mail, etc 3. Laserfiche 4. City Website (bio info) 5. Stipend Page 1 2009 - 2010 Council Orientation Agenda Page 2 G. MISCELLANEOUS 1. Payroll forms/Insurance 2. Business Cards 3. Tours 4. City Code 5. NLC, ILC, Chamber Membership 6. Parking sticker/bus pass 7. City Vehicles City Manager Search s/councilmembertransition/orientation. doc Page 2 I~• ~i ~~~~~ ~~ ~ _r ~, f ~. l r ~,~ f ~~ ~~ f `' , ' ~ ~ d r`~• Sr 1 / ~ !~ b ¢f r. i j `~~ ` { ~ f' ~ ~ ~, } ~~ ~~ ~ ,`' ~ ~ t ~ ,' .t ~ ~ ~; ;'' J ~ r, ~ { t ~ Fpy ~~ j/{rr ~ ' V F~~ y~t 1 h I s, p , i ~# ( ~ 4 !'~ i ~ , 1t {` ~ t~ ~: ,_~ ~ ~ > ~`i ~~ i ~ . ~ r~ ," t J~~ a," t 1; ~ ar ~°` ~ ~ J l ~~ ~ f } ~~ ~ ~ ~ 1 ~ _{ ! .. ~ ~ `- My, ,~ ~, ~ { ` , i '~ ~ ~~ ~ ~ ((t jt J Page 3 Table of Contents Introduction ............................................... .1 Public Records Generally ..................................2 Right to Examine, Copy and Publish Public Records ..4 Access to Data Processing Software ..................... Confidential Records .......................................10 Enforcement ................................................14 Iowa Fair Information Practices Act .....................17 Published .October 205 Page 4 Open Questions The purpose of this publication is to provide general... guid- ance on the Iowa Open Records Law, Code of Iowa Chapter 22. This law generally provides that every person has the right to examine and copy public records .and to disseminate these records or the information contained therein. Cities often. have questions about the applicability of this law to day-to-day city business. The information contained in this booklet is designed to be general in nature and does not con- stitute legal advice. If there are specific legal. questions about open records requirements, the city should contact the city attorney. The Iowa Open .Records Law favors accessibility to public records, so situations where the applicability of the law is unclear should be resolved on the side of openness. 1 Page 5 Public Records Generally The Iowa Open Records Law applies to governmental bod- ies, including city, county, state government and others, such as certain nonprofit corporations. ``Governmental body" includes any branch, department, board, bureau, commis- sion, council, committee, official or officer of the foregoing or any employee delegated the responsibility for implement- ing the requirements of the Iowa Open Records Law. Q. What are Public Records? "Public Records" include all records, documents, tapes, or other information stored or preserved in any medium, of or belonging to the governmental body. They also include all records relating to the investment of public funds such as investment policies, instructions, trading orders, or con- tracts, whether in the custody of the public body responsible for the public funds, a fiduciary or other third party. Q. How long must. public. records be kept by a city? There is no one rule which governs all types of records and situations. Some records are required to be retained perma- nently while others may be subject to a shorter recommend- ed retention schedule. 2 Page 6 The Iowa League of Cities, the Iowa Municipal Finance Officers' Association and the Oi~ice of the State Archivist have developed a Record Retention Manual for Iowa Cities. This manual, .available on the League's web site (www.iowaleague.org), is intended. to assist officials in the management of records created and received in the conduct of city business. The manual also provides model record reten- tion schedules. However, the advice of legal counsel should be obtained when establishing a records retention system. 3 Page 7 Right to Examine, Copy and PnblisL Public Records Q. Who has the right to examine., copy and .publish pub- lic records? Every person has the right. to examine, copy and publish public records. The examination and copying must be done under the supervision of the custodian of the public records or a person authorized by the custodian. The custodian may adopt and enforce reasonable rules to protect the public records. The custodian must provide a place for this work in the custodian's office unless this is impracticable, in which. event the person desiring. to examine or copy must pay the necessary expenses of providing a place for the work. Q. Who is the "lawful custodian" of records? The "lawful custodian "means the governmental body cur- rently in physical possession of the public record.. Each. gov- ernmental body must delegate two particular officials or employees the responsibility for implementing an open records policy. In many cities, the city clerk or an individual in the clerk's office performs this function. In larger organi- 4 Page 8 nations, there may be an individual located in each depart- ment. The law requires the governmental body publicly announce the particular officials or employees whom are responsible for implementing the open records policy. Q. When may public records be examined or copied? Public records may be examined or copied during the cus- tomary office hours of the custodian. If the custodian does not have customary office hours of at least 3 0 .hours per week, the records may be examined or copied at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday, excluding legal holidays, unless the custodian and the person seeking the records agree to a dif- ferent time. This may be the case in very small cities where there are no regular office hours. Q. Can a person be required to sign their name or state why they are requesting a public record? .~~~ ~. No. 5 l"• s'~- ./~ c ~-` r,,.r ~~ ,~ ~~ ;~~~~1 ~1 ,x ,t ~. • Gym ~ Q. Can a city charge a fee to examine public records? No, the city may not charge a fee to examine a public record as long as the public record is in the physical possession of its custodian. The custodian may charge a reasonable fee for supervision services the custodian provides to protect the records from being damaged or disorganized. Q. Can a city charge a fee to copy public records? If the custodian has copying equipment available, the custo- dian may charge a fee for the cost of the copying. However, the cost is limited to the actual cost directly attributable to supervising the examination, copying and providing the records. Cities are specifically prohibited from including costs such as employee benefits, depreciation, maintenance, electricity or insurance. Q. Do requests have to be made in person? No, requests may be made in writing,. by telephone or by electronic means. Q. Can a public record be photographed? Yes, as long as the public records remain. in the physical. possession of its custodian. 6 Page 10 Q. Are there exceptions to the right to examine and copy public records? Yes. The first exception is the right to access a geographic computer database, except on terms and conditions accept- able to the city. However, the city can establish reasonable rates and procedures for the retrieval of specified records which are not confidential. The second exception is data processing software developed by the city. rba ~~~, ~=ia y ~ir~ut: ,, r ~. r> i ~~~ Page 11 Access to Data Processing Software Q. Access to Data Processing Software "Access" means the instruction of, communication with, storage of data in, or retrieval of data from a computer. Q. Can a city provide, restrict, or prohibit access to data processing software it has developed? Yes, provided it has established policies and procedures to provide access to pubic records which. are combined with its data processing software. However, a public record cannot be withheld from the public because it is combined with such software. A city cannot. acquire any electronic data pro- cessing system for the storage, manipulation,. or retrieval of public records that would impair the city's. ability to allow the examination and copying of such records. Q. Can the city charge a person seeking. access to public records which are included. in data processing software? Yes. However, the charge must be based on the city's cost if. formatting, editing or compiling is not required . T he city 8 Page 12 may be required to justify the charge. If formatting, editing or compiling is required, the city may establish a charge based upon competitive market considerations. Q. Can a city obtain protection in regard to data pro- cessing software it has developed? Yes, including but not limited to federal copyright, patent and trademark protections, and trade secret protection avail- able under Iowa law. Q. Can a city sell or distribute data processing software it has developed and impose conditions upon its use? Yes. 9 Page 13 ConBdent~al Records Unless otherwise ordered by a court., certain public records must be kept confidential by the lawful custodian. of such records or by another person duly authorized to release them. The Open Records Law identifies 49 specific records deemed to be confidential. Several examples include: 1. Attorney work product which is related to litigation or claims made by or against a city. 2. Peace off'icers' investigative. reports. 3. Certain appraisals. 4. Iowa Department of Economic Development informa- tion regarding current :industrial prospects:. 5. Personal information in confidential personnel records of public bodies. 6. Library records which would reveal the identity of library patrons. 7. Records of owners of public bonds or obligations. 8. Communications not required by law, rude, procedure, or contract made to the city or its employees by persons outside of the city government to the extent it is reason- ably believed that such persons would not make such communications if such communications were to become available to the public, unless the communica- 10 Page 14 tions contain public records. 9. Examinations including but not limited to cognitive and psychological examinations for law enforcement officer candidates. 10. Confidential communications in the possession of a mediator. 11. Certain social security numbers. 12. Data procession software developed by a government body. 13. Certain. mediation documents. 14. Records of a public airport, municipal corporation, municipal utility, jointly owned municipal utility, or rural water district organized under Iowa Code Chapter 357A where disclosure could reasonably be expected to jeopardize the security or the public health and. safety of the citizens being served. 15. Critical asset protection plans. Note: The foregoing is not all-inclusive. They are subject to many exceptions and modifications. Legal counsel must be consulted in regard thereto. Q. Is a summary of the terms of settlement, including amounts of payments, made against a city or against its employees, officers, or agents by an insurer pursuant to a contract of liability insurance a public record? Yes. 11 Page 15 Q. Are records of investment transactions made by or on behalf of a .city public record? Yes. This is true whether the records are in the custody of the city, a fiduciary or a third party. Q. Is a letter from a citizen to the city on a specific mat- ter confidential.? Typically, these records are not considered confidential. Q: Are notes taken during .city council meetings or other city meetings considered public records? Yes. The same is true of preliminary financial information that may be contained in spreadsheets. Q. How much time does a city have to respond. to a request to examine a public :record.? while there is no specific time period, the records. are required to be made available at any time during the cus- tomary office hours of the lawful custodian of the records. The law does allow the custodian a good faith reasonable delay for the following reasons: - To determine whether the custodian is entitled to seek an injunction preventing examination. 12 Page 16 - To determine whether the record is a public record or a confidential record. - To determine whether a confidential record should be made available for inspection and copying. A reasonable delay for this particular purpose cannot exceed. twenty calendar days and ordinarily should not exceed ten business days. Q. Is there a way the examinatian or .copying of public records can be prevented? The district. court. may grant an injunction to restrain exami- nation or copying of public records after holding a hearing upon reasonable notice as determined by the court to the persons requesting access to the records. Before the court can grant the injunction, it must find that the examination would clearly not be in the public interest and that it would substantially and irreparably injure any person or persons. The court must take into consideration that it is the policy of the law that free and open examination of public records is generally in the public interest. Q. Who may bring an action for such an injunction? The lawful custodian of a government record, or another gov- ernment body or person who would be aggrieved or adversely affected by the examination or copying of such a record. 13 Page 17 Enforcement The courts enforce the Iowa Open Records Law. Any aggrieved person, any taxpayer to or citizen of the state of Iowa or the attorney general or any county attorney can bring a lawsuit. to enforce this law. The lawsuit would be brought .against the lawful custodian of the public record and any other persons who would be appropriate defendants. Q. What happens if the court finds that there has been a violation of the Iowa Open Records Law? The court issues an injunction punishable by civil contempt 1 ordering the offending lawful custodian and other appropriate persons to comply with the requirements of the Iowa Open Records Law. The court may also order them to refrain for one year from any future violations of this law. In some instances, the court will also assess damages against them in the amount of not more than $500 or less than $100. Further, the court will also order the payment of all costs and reason- able attorney fees to the successful plaintiff. The court will also order the removal of a person from office if that person has engaged in one prior violation of the Iowa Open Records Law for which damages were assessed against that person. 14 Page 18 Q. Can a person charged with a viola- tion of the Iowa Open Records Law claim they did not know the provisions of the law? No. Ignorance of the law is not a defense. Q. In addition to the civil penalties and sanctions referred to previously herein, can a person also be sub- ject to criminal prosecution? Yes. Any person who knowingly violates or attempts to vio- late any provision of the Iowa Open Records Law, where no other penalty is provided, will be guilty of a simple misde- meanor. Such a person may also be subject to other criminal provisions. 15 Page 19 Q. Can the Iowa Open Records Law be enforced in other ways? Yes. The law can be enforced not only by injunction or criminal proceedings. but also by mandamus.. Mandamus is a legal proceeding that seeks to require a governmental body to do what it is lawfully required to do. Rights under the Iowa Open Records Law may also be enforced by an action for judicial review according to the provisions of the Iowa Administrative Procedure Act. 16 Page 20 Iowa Fair Informaf3on Practices Act This act requires that the informa- tion policies of state agencies are clearly defined and subject to pub- lic review and comment. Q. Are cities required to adopt t., the policies mandated by this act? No. However,. a city may choose to adopt such policies. If it does adopt such policies, it must follow the procedure specified in Iowa Code sec. 22.12. 17 Page 21 City of Iowa City MEMORANDUM DATE: October 22, 2007 TO: City Council and Council Elect FROM: Eleanor M. Dilkes, City Attorney RE: Advice Concerning Council E-Mail Communications (Update of November 22, 2005 Memo) My advice regarding your a-mail communications is given in consideration of the following: 1. Communications via a-mail to or from the City Council or a member or members of the City Council may be public records subject to disclosure. Generally, the subject matter of the communication rather than the location of the communication will dictate whether the communication is public or personal. 2. E-mail communications between members of the City Council raise issues under the State's open meetings law. 3. City hardware and software should be used for city, not personal business. My advice is as follows: A. Only the city a-mail address will be disseminated by the City (e.g. on directories, business cards, etc.) B. Council members should confine their city-related business to the a-mail address provided by the City. If a personal a-mail address is used for City business, e- mails regarding City matters may be subject to open records requests. For those e-mails a Council member chooses to retain, it is recommended that a separate file (either electronic or hard copy) be kept for City business. C. Council members should avoid providing any personal/private a-mail address for city-related business or encouraging its use for city-related business. D. Council members replies to a-mails should advise the senders that their a-mail communications and Council's reply to those communications may be public information. E. You are discouraged from using a-mail to communicate with each other in any manner whereby a majority of you are discussing an item at the same time. To determine whether a violation of the open meetings law has occurred any occurrence would have to be examined on its own facts. However, due to the instantaneous nature of a-mail communication use of a-mail to communicate among yourselves is problematic. Page 23 October 22, 2007 Page 2 F. If an individual Council member chooses to reply to an a-mail sent to the Council, a copy of the reply should be provided to the City Clerk for dissemination to the entire Council. G. You are reminded that any hardware or software provided to you by the City are owned by the City. They are not your private property. You should not consider any communication via the system to be personal and/or private. See attached City policy. I will be available to answer questions at your work session. Cc: Dale Helling, Interim City Manager Marian Karr, City Clerk Gary Cohn, Information Services Coordinator Eleanor/mem/councilemail.doc Page 24 City of Iowa City INTERNET/INTERNET/ELECTRONIC MAIL POLICY The following represents a policy regarding access to and disclosure of activity conducted on the City's internet/intranet/efectronic mail system. 1) The City owns and maintains an interneUintraneUelectronic mail system hereafter referred to as "system." This system is provided by the City for the purpose of conducting City business. 2) The system hardware and software are owned by the City and as such are City property. Additionally, all messages composed, sent, or received on the system are and remain the property of the City. They are not the private property of any employee, and employees should not consider any communication via the system confidential, personal, and/or private. 3) The use of the system is for the conduct of City business. Personal business or other non-job related activities should be minimized. Supervisors may further limit or restrict personal use. 4) The system shall not be used to solicit or persuade for commercial ventures, religious or political causes, outside organizations or other non-job-related solicitations, except for items posted to the City's Intranet bulletin board (bulletin board guidelines and regulations are explained at the bulletin board site). 5) The system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without specific prior authorization. 6) The system shall not be used to create or retrieve any offensive or disruptive messages or files. Among those which are considered offensive are any messages or files that contain any comment that offensively addresses someone's age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. 7) The confidentiality of any activity or message should not be assumed or expected. Deleting a message may not fully eliminate the message from the system. Further, the use of passwords for security does not guarantee confidentiality. The system automatically records information such as origin, destination, content, and amount of time used. The City Manager or designee may direct Information Services staff to monitor sites accessed. The City Manager or designee also reserves the right to access, review, and audit all messages and files created, received, or sent over the system for any purpose, even after said message or file is deleted. The contents of any electronic mail or file may be disclosed without the permission or prior notification of the employee who sent or received the message or created the file. The City is not responsible if "hackers" retrieve, and make public, employee system activity. Thus, privileged 'or confidential material shall not be communicated via the system due to potential monitoring. 8) Employees shall not use a code, access another employee's messages or files, or retrieve or modify any stored information, unless authorized to do so by a supervisor. All computer pass codes must be provided to supervisors upon request. I have read the Internet/Intranet/Electronic Mail Policy and agree to abide by the terms and conditions listed above. I understand the system is a privilege, not a right, and that if I violate this policy or attempt to use the system for improper purposes, I shall be subject to discipline, up to and including discharge. Employee Name (print) Employee Signature Date Page 25 Updated 11/8/07 i Council Activities October 3, 1869 Page 7 ~. ~ Moved by Larson, seconded by Horowitz, that the correspondence from Ms. Edwards be accepted. The Mayor dedared thEl motion carried unanimously, 7/0, all CoundlmemRiers present. The Mayw announced the foilowing vacancy: Senior Center Commission =one vacancy for an unexpired temp ending 12!31/91. This appointment will be made at the 11/14/89, Council meeting. Moved by Ambrlsco, seconded by Horowitz, to re-appoint 0. Roger Bruner, 3016 Raven Street and Loren Horton, 3367 Hanover Ct., to the Riverfront Commissbn for three-year terms ending 12!1/92. The Mayor dedated the motion carried unanimously, 7/0, all:t;oundlmembers present. Courtney noted a recent letter to the editor In the Press-CitFzen regarding housing discrimination and asked what avenues people had who wished to follow-lup. The. City Manager explained that individuals could pursue such Bairns through HUD; br through the City's Human Rights Ordinance, noting that our ordinance was stronger than the HUD regulatbns. Courtney asked that information be distributed through our. Leased Housing program. Courtney announced that the Convention and Visitors Bureau hats hked a new Executive Director, Wendy Roe. and urged everyone to stop by during a reception In her hones on 10/12 Horowitz reminded everyone that Saturday, 10/14, is Toxic Clean-Up Day ~ to Iowa City and encouraged everyone to participate. Any questions should be addressed to the Johnson County Heafth Department. Kubby noted the event was due to the persi;;tence of the Health Department and Environmental Advocates. Horowitz said the League ot•V1(omen Voters will sponsor a legislative forum at the Senior Center from b:00 to 7:30 on 40/4. Ambrisco noted a recent speech by University President Hunter Rawtlngs concerning a: friore pedestrian . campus and questioned if the proposal involved the dosing of the loves"Avenue bridge. McDonald stated fhe proposal did not indude dosing the bridge and ~ttisit speech centered around long range goals and a general overview of kieas. He felt the City would have an ample opportunity to discuss these ideas with the University. The City Manager stated that a joint committee has not been formulated to date but that the Flre Department and ApbGc Works Department had reviewed the proposal. Larson praised the efforts of staiflriid the owners of ~ ~ •~ the Clift Apartments on continuing to address the problem of erosion behind the a~parlments. Larson stated he was impressed with their plans and noted that the completion of ~ieir plans will not be hindered by the end of the oonstruation season. Kubby noted the sut;.cess of the . recycling program within the City offices and urged the University to get t(;'NQtyed' ,. The Mayor noted the recommendation from the City Council Rules Commidee that the proposed by-laws as presented by the Design Review Committee be adapted. Staftmemt~er Patt Cain stated that it was important that the Committee establish by-laws and that they would be coming bads to Coundl with changes after the Committee had an opportunity to_ address certain issues. One item that will be looked at would be the question of indefinite~l#erms o1 members. Moved Amtxiso seconded b Horowitz. to a ove the recommendatioon of the City Coundl aides Committee that the u adopt a po any u member utilizes City Stationery for correspondence purposes copy the Coun I, and that any_ z r••-r r•~••7r~~•o ~ PST ~ Page 26 City of Iowa City ~ y MEMORANDUM Date: November 19, 2003 To: City Council and Council Elect From: Eleanor M. Dilkes, City Attorney Re: Types of Measures and Voting Procedure This memo will summarize the types of measures addressed by the City Council and voting procedures. 1. Motion vs. resolution vs. ordinance. Attached you will ftnd art August 2000 amide in Cityscape, a publication of the Iowa League of Cities, which discusses the differences between motions, resolutions, and ordinances. 2. General passage requirements. a. Simple majority i. Motion requires a majority of the quorum ii. Resolutions and ordinances require a majority of "members of Councl" "Members of Cound!" includes all members of the Council (including vacant seats and seats where the member is absent) but does not include a seat where the Council member declines to vote by reason of a conflict of interest. A Council member's statement that he a she declines to vote by reason of a conflict of interest is conclusive. b. Ordinances require three readings. Ordinances must be voted on at three meetings unless this requirement is suspended {i.e. readings an: "collapsed") by vote of three-quarters of "members of council" c. Supermajority or extraordinary majority votes are sometimes imposed by statute (e,g., protested zoning per Iowa Code §414.5 requires three-quarters of the members of Council; Iowa Code §21.5 requires two-thirds of the members of Council or all present to dose a meeting; §380.3 requires three-quarters of the members of Council to collapse ordinance readings. d. City Council Resolution No. 00-117 dated March 21, 2000 adopts a standing rule regarding the affect of a Council member's abstention when not required by a conflict. The resolution is attached and provides that an abstention for reasons other than a conflict of Interest is deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. 3. Rules of procedure. Per City Code 1-5-ti, Robert's Rules of parliamentary procedure govern sessions of the City Coundl in all cases where they are applicable and not inconsistent with the standing roles of the Council. Attachment cc: Steve Atkins Dale Helling Marian Karr . __..-___.._..-_...- .. ... _ Page 27 How to use motions, resolu#ions and ordinances Q: What it the dlJj'errnee 6etwetx a motion, a resolrtlon and ox ordlnance7 A: A motion states that the couna7 intends to take speafic action on a routine matter. It is a statement of direction rather than a statement of policy. Motions are used to handle routine business of the city at counal meetings and are recorded in the minutes. Acxions typically addressed by a motion include approval of the minutes, claims, licenses, permits and giving direction to city staff on a particular issue. A resolution is a statement of policy that has an unpact beyond the immediate circumstances and which is best preserved in written form. Examples include setting wuntil toles and proxdures, setting wages and salaries, establishing rule of conduct for public hcarirtgs and establishing investment and other finantial polities. A resolution may also be used [or official statements of the council when the use of an ordinance would not be appropriate. In certain cases. the passage of a resolution is required by statute. Examples include entering into contracts, approval of the city budget, setting up spedal assessments, accept- ingaudit and financial reports and purcha~rtg and selling Property. A resolution must be passed to spend public funds in excess of 525,000 on any one project or to accept publk improvements and facilities upon their completion. Resolutions are usually numbered and kept in a special resolution book. An ordinance is a dty law of a general or permanent nature. It is the most authoritative act the council can perform. An ordinance passed in proper form and not in conflict with any state or federal law has the same force as a state law wIthIn city limits.l3ecause they are the city laws, ordinances should be kept in the dty code book. Ordinances cover all areas of municipal authority from setting speed limits on city streets to establishing water and sewer rates. Q: Do tlrc regrriranents jot passlrtg o otlox, rcrolrrtlon or ordlxaxce d1,Q'erT A: Yes. In order for any action to be taken on an issue, the Item must be on the tentative agenda posted prior to the meeting. Motions require a majority vote of the quorum at the meetufg to pass. For example, if the city has five council seats, but one is vacant and one is absent from the meeting, two affintnative votes from the three members present will bass a motion. For resolutions, ord-nances and amendments, affirmative votes representing a majority of the total number of seats on the council aze required for passage. For example, if a tity council has five seats, but one seat is vacant and another person is absent from a meeting, all three of the remaining couna'1 members attending the meeting must vote for a resolution, ordinance or amendment in order for it to pass. However, there could be an occasion where a resolution or ordinance passes without a majority wtc of the total members. For example, in the event of a justified conIIict of interest by two of the five cuundl members, a matter could pass on a vote of two to one. The vau is calculated on the basis of the number of council members not disqualified by reason of conflict of interest. Motions and resolutions can be passed with a majority of votes at one meeting. Ordinances and amendments to ordinances must be passed. by the majority at three council meetings before becoming final. However, under Code ojlowo Section 380.3, If at least thrcc•fourths of the council seats vote to suspend this requirement, it may pass in one or two meetings. If the ordinance or amendment falls to pass at any consideration, the ordinance or amendment is defeated We ttelp otx cllonts Copftotze on OppotfunHles and rnl~mlze ttab8-Iles. I-~Aoron • C.ommerclaY r,duc+so+ ~ Munidpd ~Jr°""°R~Cb"p''' rr..•...av•rwlr•ar..+ and the whole process must start over. If the coundl makes substantive changes to an ordinance or amendment on any consideration, it is reeam- ~meaded that the council start the process aver so the public has a clear understanding of the ]aw being passed by the council. All official council action on meastues must be recorded in the minutes. Code Chapter 21, the Open Meetings Law, require that enough information be included in the minutes so the public can determine how each council member voted. Q: Do council acrlonf rape e,Q'ta JmmtdiatelyT A: A motion does not need to be signed by the mayor and becomes effective immediately. A resolution bewmcs effective after the mayor signs it. Ordinances and amendments take effect after they have bees signed by the mayor and have been published, unless a subsequent effective date is provided. If the mayor dots not sign or does not veto a resolution. ordinance or amend- ment, aresolution becomes effective 14 days after passage and an ordinance or amendment becomes effective after 14 days and publication, unless a subsequent effective date is provided. Q: ii7lrar trio aarl~orJry doffs tlis mayor iarct A: The mayor has no veto authority over a motion, but the mayor can veto a resolution, ordinance or amendment within 14 days after passage. The majority of cities in Iowa operate under the mayor-council form of government with an odd number of council members. Under thls form of government, the mayor never votes, not oven in the event of a tie vote. Under those forms of government where the mayor does vote, he or she may not veto a resolution, ordinance or amendment upon which he or she was entitled to vote on at the time of passage. The mayor is required to give the council a written explanation of the reasons for the veto at the time of the veto. Within 30 days after the veto, the council may repass the resolution, ordinance or amcndmentwith atwo-thirds vote of the council. For example, if the city has a five-member eounal, four votes are needed to override; on aseven-member coundl, five votes aze needed. [IiYSWPE August 2000 7 Page 28 ''?~ / zo Prepared by: Eleanor M. DiYceB. City Attpmey, 410 E yy~hin9ton St., Iowa City, !A 52240 (319) 356-5030 RESOLUTION N0. QQ11,L._---- RESODUTtOL MEMBTERSAABSTENTONUWHENO OTINR QUIREDEBY A A CO CONFLICT OF INTEREST. WHEREAS, pursuant to Section 380.4 of the State Coses~of determining whether aldrneasure has Councl member who abstains is included for Pure passed; and WHEREAS, legal sign~Canoe or effect must be given to a Councl Member's abstention when the abstention is not required by a opnflid of interest in order to prevent frustration or abuse of the legislative process; and WHEREAS, in order to assure that a Coun~npe d~irES to adopt a stand ng rule that absse dons and may not do so by inaction, the City or, in cases not due to a stated conflict of interest shall be deemed to be a vole with the .majority of a tie vote, a vote in the affirmative. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City hereby adopts a standing rule that, an abstention for reasons other than a conflict of interest shall be deemed a vote with the rnaJority or. in Cases of a tie vote, a vote In the aff+mtatirre. For purposes of Ibis rule, the statement of a Councl Member that the Council Member dedines to vote by reason of a conflict of Interest is oondusive. day of Marsh , 20_9Q.__. Passed and approved this _ 2~ Gs~ YOR roved b 3.-q..Do ATTEST: City Atiomeys Offic@ CITY LERK Page 29 ~.~~,®~ CITY OF IOWA CITY ~:.. ~®~~~ RA N D U M M EMC ~~ DATE: November 8, 2007 TO: Council and Council Elect FROM: Marian K. Karr, City Clerk RE; Planning and Zoning Consultation Policy In 1984 the City Council passed Resolution 84-39 establishing a consultation policy for the City Council and the Planning and Zoning Commission that is followed when Council is considering reaching a different conclusion from that recommended by the Commission. The policy was incorporated into the new zoning code in 2005. ' Page 30 RESOLUTION N0. 84-39 .RESOLUTION ESTABLISi{ING A•CONSULTATION POLICY FOR THE CITY COUNCIL ANO THE PLANNING AND ZONING COiR~iISSION WHEREAS, the City Council of Iowa City receives on a regular basis recommen- dations from the Iowa City Planning and Zoning Commission; and ~~•• WHEREAS, the City Council may from time to time reach a different conclusion from that recommended by'the Planning and Zoning Commission; and WHEREAS, the City Council believes that the best interest of Iowa City is served by a complete and open discussion and a full understanding of the Commission's recommendation an any issue, prior to final action being taken by the Council. NOW, THEREFORE., 8E IT RESOLVED, that: In those instances in which the City Council has reached an informal consen- sus on a planning or zoning matter which is contrary to the recommendation of the Planning and Zoning Commission, the City Council will defer formal action on that matter until s discussion has taken place between the Council and representatives of the Planning and Zoning Commission. It was moved by Dickson and seconded by Strait the Resolu ion e a op a an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco '-'~" ~ Baker "~ Dickson ""- ~_ Erdahl g McDonald X Strait X Zuber Passed and approved this 28th day of i±ebruarv 1984. ~J~y4ti~E:~G_ ATTEST: CI CLERK • Received i Approved ay T6s Lego ~e~~~ Page 31 14-8D-5 14-8D-5 3. Not less than four (4) votes shall be required to recommend approval of an amendment to this title or to the boundaries of zoning districts or to the zoning of a particular parcel of land. F. City Council Public Hearing: 1. After the recommendation and report of the planning and zoning commission have been filed, the city council shall, before enacting any proposed amendment, hold a public hearing in relation thereto. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council .meeting following the published notice. The city council may set such public hearing either before or after it submits the proposed amendment to the commission for its recommendation or during the period while the commission is considering such matter. 2. Following the public hearing, the city council shall consider an ordinance implementing the proposed zoning map amendment or zoning code text amendment. In those instances when the city council has reached an informal consensus on a proposed zoning map amendment or zoning code text amendment that is contrary to the recommendation of the planning and zoning commission, the city council will defer formal action on the matter until a discussion has taken place between the city council and the planning and zoning commission. In such instances, if the planning and zoning commission declines the city council's offer to meet, formal action on the matter may commence forthwith. G. Protests: If a protest against such amendment is presented in writing to the city clerk, duly signed and notarized by the owners of twenty percent (20%) or more of the area of the lots included within the area for which the amendment is proposed or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the area for which the amendment is proposed, such amendment shall require the favorable vote of three-fourths (3/4) of the members of the city council for passage. H. Effect On Development Activity: 1. Regulated Development Activity: When a proposed text or map amendment to this title would prohibit or be counter to a use, Iowa City Page 32 City of Iowa City MEMORANDUM Date: November 22, 2005 To: Gity Council and Council Elect From: Eleanor M. Dilkes, City Attorney Re: Council Committees Attached you will find my memo to Council dated February 9, 2000 which addresses the subject of when a subcommittee of the Council is a "governmental body" subject to the Iowa Open Meetings law. While there is considerable debate among municipal attorneys as to when a Council subcommittee is subject to the Open Meetings law my opinion continues to be that which is set forth in the attached memo. Currently, the Council has the following "committees": Convention and Visitors Bureau (1 member}; Emergency Management Committee (1 member); JCCOG (6 members plus 1 alternate); Student Senate Committee (2 members); Rules Committee (2 members); Economic Development Committee (3 members). Both the Rules Committee and the Economic Development Committee are and have been treated as a "governmental body" and open meetings are held. JCCOG is a governmental body and complies with the open meetings law. The "committees" of one for Convention and Visitors Bureau and Emergency Management are more appropriately called representatives of the Council and do not create an open meetings issue (i.e. Council's sending of a representative to another body's meeting does not make that body a "govemmental body"). Finally, the Council (at its work session of February 14, 2000) has stated that the purpose of the Student Senate subcommittee is only to gather information and bring it back to Council. Accordingly, it currently is not subject to the Open Meetings law. cc: Steve Atkins Dale Helling Marian Karr EleanoNnemoslcound Icomm.doc Page 33 ~~,n ~~k. City of Iowa City MEMORANDUM Date: February 9, 2000 To: City Council From: Eleanor M. Dilkes, City Attome Re: CouncU Comrrdttees There has been some confusion of late as to when a committee appointed by Council is subJed to the Iowa Open Meetings Law. If the Council (as opposed to say the Mayor, or the Glty Manager} creates an advisory committee, Including e corrunitfee made up of members of the Cotr~a'I, that committee is a `govemmentai body" and ~ereforePsru~bjectof the bwa Open Meetings Law (I.e. notice, minutes, open to the public, executive sessions, etc.), committee is "to devebp and make recommerdatfons on public Po~Y Issues.' Iowa Code Section 212(h}; Op. AttY• Genrl. November 16,1993. If the committee k not Charged with making a recommesk force created to.eme s~re the have a polky-making function, k is not a povemmental body. For example, ` extent of a problem and deliver raw data (to the CouncllJ would not be covered because k would not be charged wflh recommending sny PaRlcular course of acllorr'. 11/18/83 Op. Atty. Genr'l. at p.64. So, for example, if the legislative committee Created by the CouncJ! is simply charged with gather-ng info ~ on the state fegistatlon and reporting f?adc to the Council about such legislation ft is not a "g themsame to ~, k !;t a other hand, k Is charged with developing a legislatlve "agenda' and recommending governmental body and its meetings must be open• At your organizational meeting you seated rile following 'committees': Convention and visitor's &xeau (1 member) legislative Committee (3 members) Enmergency Management Committee {1 member) JCCOG (t3 members + Mayor as akemate) Student Senate (2 members) Rules Committee (2 members) me Rules Cortur~ttee is and has beers treated'as a 'governmental body' and open meetings ere held. JCCOG is a govorrrn-ental body and complies with the Opan Meetings law. The 'commlitees' of 1 for Convention and Visitor's Bureau and Emergency Management are more approprlatelY ~~ representatives of the Couna'I and do rat create an open meetings issue (l.e. Coundl'a sending of a representative to another lady's meeting does not make that body a 'govemmerrtal body')- ei~n~~~~ ~ a~ land ghre it apolicy-making furx;tion, it must have Open m ebingss are. If you wish b leave This issue will be on your work session agenda for February 14. Any action necessary as a resuk of your Infom~al discusskin will be scheduled for the next format Council meeting. Cc: Steve Atkins Dale HelUng Marian Kerr Assistant Gty Attorneys ElsanoNr»mlpowdodY.doc Page 34 CouncU Work Sosston Minutes February 14, 2000 Page 4 SALE OF CITY PROPJtiRTY/RiGHT-OF•4NAY VALUATION (1112 memo Item #10, Item #11, Item #12} City Attorney Ditkes recommended that a starting point for establishing a value is with the aSS@SS@d Y91U@ Of the hAighboring property and then evaluate other racts unique to each parcel. Counal agreed to the City Attorney's recommendation for valuation; will defer item #10 (Flanagan & Rose) to enable staff to discuss the formula of valuation; and proceed with Items #11 and 12. COUNCIL COMMITT E~S,(IP4 of 2110 packet) Coundl agreed to dissolve the Legislative Committee and retain the Student Senate Commiftee as a information gathering committee only, reporting back to Coundl. STAFF ACTION; Prepare resolution dissolving Legislative Committee for Council action. (pilkes) TELEVISED WORK SESSIONS Majority of the Council did not wish to pursue televising the work sessions at this time. APPOlNTMILNTS Airport Commission -Alan Ellis. Civil Service Commission -Reappoint Michael Kennedy. Historic Preservation Commission -appoint James Enloe, East College Green and Peter Jochimsen, Woodlawn; Reappoint Michaelanne Wiriness - At Large; and Pamela Michaud, College Green. Human Rights Commission -Maureen Howe. Telecommunications Commission -reappoint Elizabeth McKray and Cathy Weingeist COUNCIL TIME 1). City Attorney Eleanor Dilkes alerted Coundl to the addition of item #27b to the agenda, a resolution terminating the agreement with Gene (Krueger) L.LC. for construction of a building at the comer of Linn and Court Streets. 2). Councl Member Kanner reported on a discussion wish the School Board President regarding a Coundl and School board joint meeting. Staff noted that a joint meeting with other County entities is planned in March or April and staff was directed to investigate starting that meeting 30-45 minutes earlier to allow Coundl and School Board to meet first. 3). Coundl Member Kanner stated he would be attending the CDBG meetings the next two days, and wanted to make sure there would not be more than three Coundl people in attendance. No one indicated attendance. 4). Council Member Vanderhoef told the Council that she will be abstaining from the vote the fdlowing evening on the Iowa Avenue Project due to a conflict of interest. Adjourned 10:20 a.~w~w2-u~ao~..sx Page 35 Marcft 7, 2000 Ctty of Iowa City Page 2 161 Class C Baer Permit for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St. (Renewal} (6) Class B Wine Permit for HY-Vee, Inc., dba Hy-Vee #3, i 201 N. Dodge St. (Renewal) {7) Refund for an unused portion of a Class 8 Wine Permit for Nash•Finch Company dba Econofoods #473, 1987 Broadway St. (Sj Refund for an unused portion of a Class C Beer Permit for Nash-Finch .Company dba Econofoods #473, 1987 Broadway St. 00- 7 (9) Resolution to issue a Dance Permit for Sports Column Corp. dba Sports Column. 12 S. Dubuque St. (Renewal) c. Motions. (1) CONSIDER MOTION ABOUSHWG THE CITY COUNCIL LEGISLATIVE COMMITTEE. Comment: Given Council confirmation at their work session of February 14 that the City Coundl Legislative Committee was not intended to advise Council on policy issues, and Council interest in having any Council Member who desires to participate in such matters to do so, Council desires to abolish the legislative Committee. (21 CONSIDER A MOTION TO APPROVE DISBURSEMENTS W THE AMOUNT OF 114,278,130.54 FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 39, 2000, AS RECOMMENDED BY THE FWANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMq~ITS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFlCE IN ACCORDANCE WITH STATE CODE. d. Setting Public Hearings. pp_ -JZ (1) CONSIDER A RESOLU710N SETTWG A PUBLIC HEARING FOR MARCH 2i ON PLANS, SPECIFlCATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENTS -ABBEY LANE TO HIGHWAY 1 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE O>: SAID HEARING, AND DIRECTING THE CITY ENGWEER TO PLACE SAID PLANS ON FlLE FOR PUBLIC [NSPECTION. Comment: This project will widen Mormon Trek Boulevard to four lanes from Abbey Lane to Highway 1. It will include the installation of storm sewer, sanitary sewer, sidewalks and water main. The project will also include improvements at the Highway 1 Intersection and both Wastside Drive intersections and drainage improvements near Abbey Lane. Page 36 l ~ -.7 .• RESOLUTION N0. 83-223 RESOLUTION ADOPTING A POLICY REGARDING SERVICE BY CITY COUNCIL MEMBERS ON THE GOVERNING BOARD OF ANY AGENCY FUNDED BY 7HE CITY OF IOWA CITY. WHEREAS, the City Council is often requested to appoint a representative Council member to serve on the governing board of various Tocal organizations, service agencies, and similar bodies; and WHEREAS, the City of Iowa City annually allocates funding to assist in the operation of such agencies; and WHEREAS, it normally occurs that the various agencies requesting funding must compete for a share of lia~ited available financial resources; and' WHEREAS, such funding is allocated by decision of the City Council as a resu]t of a direct voting process; and WHEREAS, it is in the best interest of the City Council and all citizens of Iowa City that Council members remain unbiased in their decision making processes and avoid situations which might foster such bias. NOW, THEREFORE, 8E IT RESOLVED 8Y THE CITY COUNCIL OF IOWA CITY, IOWA, that it shall be the policy of the City Council that no Council member shall be appointed by the City Council to serve as a member of the governing board of any human service agency which is funded by the City of Iowa City or which agency anticipates requesting such funding. It was moved by T_„yttich and seconded by picke_rx, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson ~- Erdahl X lynch - C!~ McDonald "R- Neuhauser -~ Perret Passed and approved this 5th day of ~~Y 1983. `1119.~JJd~.~( MAYOR ATTEST: ~~.Q~J ~ ~t,,w ) CITY CLERK X4.3 TEtto Legal ;;z~srtntieN ..~.- . ~~ Page 37 ~~ Preparod t>y: Eleanor M. Dilkes, City Attorney. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION N0. d1-169 RESOLUTION REQUIRING THAT CITY COUNCIL APPOINTEES VOTE W ACCORDANCE WITH CITY COUNCIL POLICY AS ESTABLISHED BY MOTION, RESOLUTION, OR ORDINANCE, AND ESTABLISHING THAT FAILURE TO DO SO SHALL BE JUST CAUSE FOR REMOVAL FROM SUCH APPOINTMENT. WHEREAS. the City Council appoints counctl members to serve as Counal's representatives to other organizations w entities; and WHEREAS, such City Council appointments are currently made to the following organizations w entities: Johnson County Coundl of Governments, Emergency Management Commission, Iowa City/Coralville Visitors and Convention Bureau; and WHEREAS, the City Counc9 expels chat as a representative of Council to said entities the Council appointee wAl vote in aooordance with the formal action of the City Counai as expressed by motion, resolution, w ordinance; and WHEREAS, failure to vote in accordance with City Councl formal action constitutes good cause for removal of the City Counal appointee; and WHEREAS, a procedure should be established to provide notice and an opportunity to be heard to the City Council appointee whose remoGal is sought pursuant to the terms hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01: IOWA CITY, IOWA, THAT: 1. City Councl members who are appointed to serve as Counal's representative to other organizations or entities stroll vote in accordance with formal City Council policy as established by motion, resolution or ordinance. 2. Farlure of a City Council appointee to vote in accordance with such formal action of the City Councl shatl constitute just cause for removal of the City Councl appointee from such appointment 3. A City Council appointee who faAs to vote in accordance with the fomlal actbrt of the City Council may be removed by the City Council. Said removal shall be by resolutbn of the Cily Council, shall give the reasons fw the removal, and shall be sent by certified mail to the person removed who, upon written request filed with the City Clerk within thirty (30) days of the date of mailing the copy, sha4 be granted a public hearing before the Courxdl on aA issues connected with the removal. The hearing chap be held within thirty (30) days of the date the request is filed, unless the person removed requests a later date. Following the public hearing the Council will eRlter confirm its earlier derision of removal or reinstate the removed Council person to the appointment. Passed and approved this _~,~h day of .tine . 20~,L. ATi'EST: ~ / CI LERK e~e.~ca„dnnoosres.ox YO A day , City Attorney's Office Page 38 ^.~~p~ CITY OF IOWA CITY ..m~~~~ ~- ~®~~~ M Q RA ~ D u M ME DATE: November 9, 2007 TO: Council and Council Elect `1 FROM: Marian K. Karr, City Clerk ~~~~` ~: Council Work Sessions Council work sessions have been held various times in the past 25 years. When I first started work sessions were held at 1:30 PM in the City Manager's Conference Room. Then sessions were moved to 4:00 PM and then 6:30 PM and in Harvat Hall. A number of communities have customized their work sessions to their community needs. I've attempted to identify a number of approaches below: • Eliminate work sessions (for agenda items) and schedule only when needed for special directions or information (e.g. budget) • Eliminate work sessions and hold two formal meetings. For instance, Monday evening maybe consent calendar and planning and zoning items and Tuesday could be the remainder of the agenda. • Hold work session prior to formal meeting (4:00-6:00), allow a dinner break between. Citizens then don't have to attend two different night meetings. • Change work session start time to a daytime meeting. Could be 8:00-10:00 AM or 4:00-7:00. Work sessions are not required by law or set by resolution. Council is free to experiment U/cmtransiHon/worksessionchoices.dce Page 39 Gf Coundi Work Session February 27, 2002 Page 3 added the ordinance has an impact on development because it changes the overlay zones. A staff evaluation will be available at the time of the public hearing. 5. (Item #6 - Resotution...fssuance of $27.055,000 sewer revenue bonds) to response to Council Member Kanner, the City Manager stated staff wIA prepare plcula0ons on what Impact the refinandng will have on rates and report back to CounGl. 6. (Item #7 -Ordinance amending Title 1......"Election Precincts"...)The City Clerk requested expedited action on the item. 7. ((Item #'11 - Resolution adopting... annual budget for...fiscal year ending June 30, 2003) Pfab Mdicated his support to proceed with the Iowa River Power Dam Improvements. ~.. COUNCIL PROCEDURAL [SSUES (lP2 of ids info Packet) Mayor Lehman stated he would be witting to discuss rules and regulations for Coundi but hoped that once Bedded the body would ioAow those procedures. Coundi discussed Coundi Member Kanners memo and agreed to the following: ' 1. Three Council Members could place items on the work session agenda of formal agenda ~ 2. Individual Coundi Member requests to staff for an extraordinary amount of research will be i repotted to the City Manager. The City Manager writ bring It to the entire Council, and the i majority (4 Coundi Members) will decide on the request. 3. Retained the same starting time for work session and formal meetings. After discussion, the Mayor indicated he would be summarize the Coundi majority direction verbally for the record after informal discussion, and his desire not to allow public input at a work session but instead direct it to the formal meeting. Meeting adjourned 6:50 PM. Page 40 DRAFT Tantativa SrhPdule (dates/times subject to channel JANUARY 2010 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 HOLIDAY OFFICES CLOSED 4 5 6 7 8 6:30 PM Special BUDGET Work Organizational meeting * Session (Capital Projects) & Special BUDGET Work 8:00 AM -5:00 or Session (Overview) 1:00-9:00 PM 11 12 13 14 15 6:30 PM Special 7:00 PM Special Formal 7:00 PM Work Session Special BUDGET Work Session (Boards & Commissions/Events) 18 19 20 21 22 HOLIDAY 7:00 PM 7:00 PM Special BUDGET Special BUDGET Work Work Session (wrap up) OFFICES CLOSED Session 25 26 27 28 29 7:00 PM Special Formal 6:30 PM Special Work Session as cc * City Code requires meeting to be held between noon on January 2 and noon on January 6 DRAFT Tantativa Schariula (~latas/timers suhiect to chancel FEBRUARY 2010 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 4 5 6:30 PM 7:00 PM Formal Publish budget hearing Work Session (set public hearing"`) notice* 8 9 10 11 12 15 16 17 18 19 HOLIDAY TBA Special Work Session OFFICES CLOSED 7:00 PM Formal (budget public hearing"') 22 23 24 25 - 26 "Budget adoption scheduled for March 2 (prior to March 15 State deadline) -v cc N DRAFT Tentative Schedule (dates/times subject to change) MARCH 2010 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 6:30 PM Work Session 2 7:00 PM Formal (adopt budget) 3 4 5 8 9 10 11 12 15 6:30 PM Work Session 16 7:00 PM Formal 17 18 19 22 23 24 25 26 29 30 31 * Budget adoption scheduled for March 2 (prior to March 15 State deadline) ca w y~ Prepared by: Madan Karr. City park. 410 E. WashlnQton Sl., Iowa ply, IA 52240 (319) 358-5041 RESOLU710N N0. 99-385 RESOLUTION E57ABLISHING TIME AND PLACE OF FORMAL MEETINGS OP THE CITY COUNCIL OF IOWA CITY, (OWA. WHERF-AS, City Code Section 1-5-5 provides that the time and place of regular fom>al meetings of the City Coundl of Iowa City, Iowa, shag be set by resolution of the Coundl; and WHEREAS, on May 7, 1996, the City Council adopted Resolution 96-136 setting the time and place for regular formal Counc~ meetings to be every other Tuesday of each month at 7:00 o'dodc p.m. fn the Council Chambers of the Civic Center, starting with the July 2, 1996, meeting; and WHEREAS, the CouncN deems K in the public interest to repeal said Resolution and establish the following schedule. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA 1. That Resolution 96-13ti be repealed. 2. By this resolution regular formal CouncO meetings of the City Coundl of Iowa City, Iowa, shall be held on the first and third Tuesday of each month excluding holidays, In the Coundl Chambers of the Civic Center of Iowa City, Iowa starting at 7:00 o'clock p.m., Central Standard Time, or Central Daylight Time. whichever Is in effect in the City of Iowa City at the tame of said meeting, said meeting times to become effective with the regular Counci meeting of January 18, 2000. 3. in the event a regularly scheduled formal Council meeting falls on s holiday, the City Couna'I shall determine whether or not to hold such meeting at another date. or to waive said meeting. Passed and approved this 23rd day of ATTEST: d.~ ~RK It was moved by Norton and seconded by 0' Donnell rn adopted, and upon roll tali there were: AYES: NAYS: ABSENT: X Champion x Kubby X Lehman '~(- Norton ~~ O'Donnell _~_ Thomberry „~ Vandertaef d.rrw.ra~.~..~e i~ 2Z=99 ~ Resdution be Page 44 ~r~ ~~ ~ a, s~t~ ~ Prepared by. Marian K. Karr, City Clerk, 410 E. Washington SL, Iowa City, IA 52240 (319) 356-5041 RESOLUTION N0. 00-102 RESOLUTION REPEALING RESOLUTION NO. 98-310 OF THE CITY COUNCIL OF 1FHE CITY OF IOWA CITY AND APPROVING ANEW RESOLUTION SETTING FORTH RULES OF ORDER FOR THE CONDUCT OF FORMAL COUNCIL MEETINGS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that said Council does hereby repeal Resolution No. 98-310 and, in its place, approve Rules of Order for the Conduct of Formal City Council Meetings as follows: A. Order of Business The business of the City Council shalt be taken up for consideration in substantially the following order, except as otherwise ordered by the Mayor or City Council: 1. Roll Call 2. Mayor's Proclamations 3. Consent Calendar 4. Community Comment (until 8:00 p.M.} 5. Planning and Zoning Matters: hearings, recommendations, ordinances and resolutions 6. Other Public Hearings 7. Other Ordinances • 8. (5ther Resolutions 9. Community Comment {continued if necessary- 10. Council Business 11. City Manager, City Attorney, and City.Clerk Business 12. Adjournment B. Content of Consent Calendar Those items on the Agenda which are considered routine will be listed under the Consent Calendar and be enacted by one motion, with a roll call vote. If the Mayor, a Council member or a citizen specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. Passed and approved this 21st day of Marc .2000• Gt/ OR ATTEST: ~Iir~~.~..~9f'• ~~Q~ CIT LERK e.rxvawrora« Ap y , City Att n five ~~ Page 45 ~-'r~' ,V1 C ~ L ~~ Prepared by: Harlan K. Kart, City Clerk. 410 East Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION 02-243 1 2z RESOLUTION REPEAI..ING A RESOLUTION PASSED JUNE 15, 19ti5, ESTABLISHING A PROCEDURE FOR CAWNG OF' A SPECIAL MEETING AND ADOPTING A NEW RESOLUTION ESTABLISHING PROCEDURE FOR CALLENG OF A SPECIAL COUNCIL MEETING WHEREAS, City Ordinance No. 2342, codified as Ciry Code Section 1-5-5, provides that the procedure for the calling of a special meeting shall be set by resolution, and WHEREAS, the City Council expanded from five (5) members to seven (7) members in 1973; and WHEREAS, it is in the interest of the City of Iowa City that the City Council establish a procedure for the calling of a specal meeting. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF I OWA CITY, IOWA THAT: 1. Said resolution of June 15, 1965 is hereby repealed. 2. Special meetings of the City Council of the City of Iowa City, lows may be called by the Mayor or three (3) Counal Members. ' 3. Notice of the calling of a special Counal meeting shall be in writing and shall inGude the time and place of said meeting, the business to be conducted at said meeting, and the person or persons tailing said meeting. 4. Notice shall be served on each Counal Member at least twenty-four (24) hours prior to the time of said meeting by delivering a copy thereof to the Council Member in person or to the Council Member's place of residence as shown by the records of the City Clerk. City Clerk in consultation with the City Attorney will document service and make record of the same. 5. Provisions for the call, notice, or time of service may tie waived 'lf the entire Council shall consent in writing thereto. 6. Provisions of the method of service may be waived by the individual Council Member affected thereby. Passed and approved this 2nQ day of July, 2002. Passed and approved this 2 day of Jul v ~ 20~-• // -" i MAYOR ATTEST: //~/.~«~~rf ~~ ~ ~ .. ,-= CITY-ELERK A j'oved by , j r~ - a ~ •lI~- Ci y Attorney's Office yJ C~erklreslaPetial meetiop.doc Page 46 City of Iowa City ~-MEMORANDUM DATE: April 22, 2002 TO: Mayor and City Council FROM: Steve Atkins, City Manager Eleanor M. Dilkes, City Attom Marian K. Karr, City Clerk ' RE: Distribution of Correspondence to the City Council In February a procedure was developed to insure an orderly distribution of correspondence addressed to Coundl (regular mail, smalls. and hand delivered items). Effective immediately we would like to revise the procedure to allow you to receive the correspondence at your Council meeting Monday or Tuesday evening if it is an agenda item, but no later than the next information packet or fom~al agenda if it is not an agenda item. A folder of Council correspondence received, and awaiting distribution will continue to be maintained by the City Clerk. Please remember that the public as well as the media may be aware of Council correspondence prior to Council distribution by viewing the City Clerk folder. 1. All correspondence is officially received by the City Clerk. 2. Ali written correspondence is file stamped. 3. Emails are printed (showing Clerk name, time, and date/not officiapy file stamped). Emails are also received s'unultaneously by the Adm. Asst. to the City Manager and Asst. City Manager and acknowledged by that office. 4. All correspondence received after the agenda was printed and relating to current agenda items will be distributed to Council at the work session or formal meeting, and accepted on the agenda. All other correspondence received after printing of the agenda will be accepted at the next formal meeting, or included in the ]nformatlon packet' Staff recommends the change to the procedure to focus handouts to onty items listed on the agenda, reduce the number of late handouts, and predude Council discussion of items not listed an the agenda. *Corresponderice addressed to Council will be officially received at a formal meeting. Correspondence listing Council as a'cc" will be incuded in the information packet. ~~ Page 47 COUNCIL PACKET GUIDELINES - 9/29/09 AGENDA PREPARATION SCHEDULE MONDAY WEDNESDAY THURSDAY 12p Support documents 9a Staff meeting to review 9a ALL AGENDA SUPPORT (resolutions, ordinances, agenda items. AND INFORMATION agreements, etc.) due to PACKET DOCUMENTS City Attorney for review. 4p Support documents DUE TO ADMIN ASSIST. finalized by Attorney. DO NOT PLACE ITEMS 12p Items and comments Staff member to pick-up. IN INTERNAL MAILBOX. due to Administrative DELIVER TO CITY Assistant to City MANAGER'S OFFICE. Manager. 3 A ends distributed. Please submit items and comments to Admin Asst via email. Off-Week Information Packet: Items due to Admin Assist by 9a Thursday. Do NOT put items in internal mailbox - deliver to City Manager's Office. DOCUMENT DISTRIBUTION TO COUNCIL Documents distributed to Council DO NOT need to be in multiple hardcopies, as they now receive packets on computer. Instructions for submitting Council documents follow: Guidelines: • Submit one original to Admin Asst no later than 9a Thursday for inclusion in Council's Thursday packet • Numbered Pages • One-sided • No staples Font size 10 point or above • Font easy to read (Aria) preferred) • Lines and pictures should be away from the print (e.g. do not put DRAFT across text) • DO NOT USE shading (even in blank areas)--instead use underlines, strikeouts, bolding, italics, or asterisks in the margin to signify special text. • Scan size maximum for color is 8Y2"x 14" and black and white maximum is 11" x 17". Larger documents must be reduced before they are delivered to Clerk for scanning. If they are not received in reduced form, they will be scanned in pieces. NOTE: All items submitted are permanently retained and archived per State Code requirements. Special Circumstances: Bound Reports, Booklets, and Color Documents Deliver an original, one sided, page numbered, no staples, reduced-size (if necessary) copy to City Clerk's Office by 5p Monday for inclusion in Council's Thursday packet. Deliver a black and white 8'/2' x 11 ", no staples, one-sided copy to Admn Asst by gam Thursday. Council will receive the scanned version. (In rare circumstances, if it is a document of 100 pages or more that must be referred to extensively by Council, please supply the above as well as 14 (7 for Council, CA, CM, ACM, Clerk and 3 for media) hardcopies to the Clerk.) Page 48 r ~~~®~~ CITY OF IOWR CITY RAC E~~ ~~ Date: November 3, 2009 To: City Council and Council elect From: Eleanor M. Dilkes, City Attorney ~~~'"' //~ Marian Karr, City Clerk ~yj~~,~ Re: Gender Balance on City Boards and Commissions House File 243, which was adopted by the state legislature in 2009, requires that as of January 1, 2012 all city boards and commissions that are established by state code must be gender balanced. After the effective date the law will prohibit the city from making an appointment if the appointment would result in more than one-half of the members (plus one in the case of an odd number of members) being of one gender "unless [the city] has made a good faith effort to appoint a qualified person to fill a vacancy ....for a period of three months but has been unable to make a qualified appointment." We are in the process of developing a procedure that will enable the city to comply with HF 243 and will ask that you address this issue shortly after the first of the year. cc: Dale Helling, Interim City Manager eleanor/mem/execsession 10-15-09. doc Page 49 ~~ Council Work Session 7-9-01 July 26.2001 Page S COUNCIL TIME 1. Coundl Members O'Donnell and Wilburn acknowledged the fireworks at City Park on July 7" and the large cxowd attending. Zn Coundl Member tanner stated he would be doing his annual tour of dty departments and facilities and invited people to Join htm. 3. Coundl Member Vandefioef requested that a Court tour be scheduled in the fall. The City Manager suggested Couna'I candidates be Invited, Staff wtll follow up. 4. Coundl Member Pfab stated he had viewed the new crosswalk over at Weber Scholl and commented there were some happy neighbors over there. 5. Courtal Member Vanderhoef requested that a work sesslori on slam water utlYty charges be scheduled before budget sessions to January. The City Manager stated staff was working on admintstraUve, legal and technical questions and would provide Information In conjunction with the scheduled feu bus tour. 6. Mayor Lehman suggested that whenever anon-controversial item is requested for expedited action that a spedal fomtial meeting be scheduled berore a scheduled work session for the purpose of one reading. Another reading could be scheduled at the forma meeting the next evening. A majority of Coundl agreed to the procedure. Council Member Kanner suggested a resolution be Prepared formalizing Counc~ policy to allow arryone to come and speak on any issue on the agerxia. A majority did not express interest in pursing the resolution suggested by Coundi Member Kanner. Meeting adjourned 9:15 PM. ~tMriNwe~bw7~at.aoc ~_ Page 50 ~' L/ COUNCIL BIO INFORMATION CONTACT INFORMATION Name: Address: Phone: TERM W OFFICE EDUCATION FAMILY HOBBIES HOW LONG RAVE YOU LIVED IN IOWA CITY? OTHER COMMUNITY SERVICES/ORGANIZATIONS INVOLVEMENT S:Counci Imcmberuansitionlbiosheeddoc Page 51 C•~~., N c i ~ 4 5f 7 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 04-117 RESOLUTION ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY LAPTOP AND PRINTER; ESTABLISHING PROCEDURE FOR E-MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY COUNCIL PACKETS; AND ESTABLISHING A STIPEND FOR SUPPLIES AND DEDICATED PHONE LINE FOR INTERNET ACCESS OR HIGH SPEED INTERNET SERVICE. WHEREAS, the City Council of Iowa City wishes to establish a policy for use of .City laptop and printer to provide that current members of Council may request a laptop and/or printer for access to weekly council packets via Intemet and/or use of City a-mail address; and WHEREAS, the City Council of Iowa City wishes to offer weekly Council packets via Intemet or hard copy, replacing the current distribution by CD; and WHEREAS, the City Council of Iowa City wishes to establish a stipend for supplies and dedicated phone costs associated with accessing electronic packets and/or a-mail via the City address. NOW, THEREFORE, the attached policy is established for Electronic Access to City Information and E-Mail policy. Passed and approved this 2nth day of Agri 1 .20~• ~~ AYOR ved by v - J ~ y ~I ~-- d ~ ATTEST: -~~J.J ~ i~~ ~. C- IT~LERK City Attorney's Office It was moved by Chamaion and seconded by Elliott the Resolution be adopted, and upon roll call there were: AYES: X X _~L_ ~_ X X ___~__ d erk/res/council~poGcy. doc NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vandefioef Wilburn Page 52 ~ i ~:.~®~~ ~III~~~~ ~ ~®i~Il ..~~_ CITY OF IOWA CITY 410 East Washington Strcct Iowa City, Iowa 52240- 1826 (319) 356-5000 (3l9) 356-5009 FAX www.icgov.org In accordance with Resolution 04-117, which was passed on April 20, 2004, 1 ~ am requesting a monthly stipend which is available to City Council Members for electronic access to City information. The stipend is $ 50 per month for a dedicated line and an additional $10 per month for supplies, or ari amount as amended by future resolution. I understand that this stipend is a taxable benefit that will be paid two times per month on my payroll check. Payment of the stipend will begin on Signature S:councilmembertransition/councilstipend.doc Date Page 53 Council Travel Guidelines 1. Each Council Member during any fiscal year shall be entitled to attend two national conferences (National League of Cities, specialized national conferences etc.) and one state conference, specifically the Iowa League of Cities annual meeting. 2. Miscellaneous statewide conferences/regionaltyorkshops where there is rarely an overnight stay will be oons(dered as an addition to the three major travel opportunities. These workshops and other generalized meetings usually occur within our state and are very specific in nature, such as MayorlCouncit Relations, Public Works and Environmental Issues, Public Safety and Municipalities, etc. 3. Exceptions to the above limitations should be addressed to the Mayor. 4. Travel administration is in accordance with the City procedures governing the travel of all City employees. Presented to Council June 1996 Accepted by Council June 13, 2000 If the City of Iowa City or a Council person is invited to attend a function the Mayor will approve a Council person attending that meeting and the City will reimburse that Council person for the expenses involved in attendance within the current employee reimbursement travel policy. if no invitation is extended but it is an event we happen to know about (newspaper, word of mouth, etc.) and a Council person wishes to attend, that Council person could attend at their own expense and using their own vehicle. Prepared by City Clerk's Office, February 2, 2001 travel2.doc Page 54 Citizens of Iowa City Appointed - -__ ___._.__ _-___ _ __... _.. ____ Elected By Mayor & Officials Council Clty COUnCI~ -s~ Mayor __. /- --...._---..._.-___ -- - .-------------------~ ~~ Director/ 1 r I ~ Manager Appointed -!--- ---: -- 1-..._- , _-------~ -...; ----- _- -..... _...__ '----- Employed by by City - ___..... ---- r M r Ct City City Library Board or anage ~ Airport Boards & Commission Commissions Attorney Clerk Manager Trustees Commission I ~' _ I Airport Library Manager Director /;' ,~ ~/ ------------- - ~---- - j ~ I ~ i _` ~ r Housfng 8r Tr nsa ortation Parks & Planning & r Senior Center Assistant i I Fire ~ p Public Works Finance , Inspection ~ ; Services ;Recreation ! Community Police Coordinator City Director ~ Chief Develo ment Chief Director Manager J Sernces Director Director Dire for ~ _-__ _ ______-~ ~-_.._-_____-_. _ ~ Director ~----------~ ~-- ~ \_----------- Admin. Admin. 8r ~ Administration Administration Administration _ Broadband Admin. Administration Support I ~ Parking Energy ~- Senior Center Telecomm. Accounting Building CBD Maintenance - Community -Animal Services Conservation - Emergency r Inspection ~-Transit Operations Development - Human Rights purchasing Operations I Cemetery Community Engineering Housing Economic Services Equipment Document Fire Authority Para-Transit Forestry ~Development Maintenance _ Human Services ~ Prevention Criminal Resources Housing Government ~ JCCOG Programs Investigations Landfill Information ': Training 8r -Inspection Buildings Solid Waste Collection -Technology Equipment _ Neighborhood Emergency Services Parks Services Comm. Managemtent Revenue -Weather Alert Siren System Recreation `-Urban Planning Patrol Streets Risk `Emergency Mgmt. Records & -Traffic Engineering Management Investigations Wastewater Management Water finadm/cityorgchart9-09. pdf u~ a ATTORNEY ASSIGNMENTS (Effective November 4, 2009) Eleanor Dilkes, City Attorney Supervision of and Consultation on all matters as necessary City Council City Manager/Assistant City Manager City Clerk Sarah Holecek, First Assistant City Attorney City Council, City Manager, City Clerk Planning Dept. (including Transportation Planning but excluding Community Development and JCCOG Human Services) PCRB Police Department Personnel/Civil Service/Pension Litigation as assigned Susan Dulek, Assistant City Attorne Community Development and JCCOG Human Services Housing & Inspection Services/Code enforcement Public Housing Authority Cable and Cable Commission Human Rights Commission Airport Animal Control Senior Center Property Acquisition as assigned Litigation as assigned Eric Goers Assistant City Attorney Finance Department Library Fire Department Parking & Transit Cemetery City Assessor/Tax Assessment Appeals Magistrate's Court (1/2) Property Acquisition as assigned Litigation as assigned Sara Greenwood, Assistant City Attorney Planning & Zoning Commission/Planning Dept (including JCCOG Transportation Planning but excluding Community Development and JCCOG Human Services) Board of Adjustment Property Acquisition as assigned Public Works and Engineering Magistrate's Court (1/2) Parks & Recreation Litigation as assigned Page 56 Page 1 of 2 Marian Karr From: Mark Tomb [marktomb@iowaleague.org] Sent: Wednesday, November 04, 2009 3:51 PM To: Marian Karr Subject: Municipal Leadership Academy Dear Marian: Many new people joined the ranks of city officials following this week's elections. They can get started on the right foot by attending the Municipal Leadership Academy (MLA), presented by the Iowa League of Cities, Institute of Public Affairs and Iowa State University. The training will be available at the following locations: Saturday, November 21 Fairfield 10 a.m.-2 p.m. MLA is a four-part workshop series conducted every Thursday, December 3 other year beginning after the municipal elections. Atlantic We ask that you encourage those new to office, as 4-8 p. m. well as anyone seeking a refresher course, to attend. MLA Part One workshops are held at six Saturday, December 5 locations around the state and begin November 21. Mason City 10 a. m.-2 p. m. The agenda for MLA Part One includes: Thursday, December 10 • City Budgets Storm Lake 4-8 p. m. • Conducting Council Meetings Saturday, December 12 How to be an Effective City Council • Johnston 10 a.m.-2 p.m. • Introduction to Municipal Law Thursday, December 17 Independence Attendees also receive a copy of the newly revised 4-8 p. m. Iowa Municipal Policy Leaders' Handbook as part of their MLA Part One registration fee. Pre-register or learn more. City officials can register just for MLA Part One or for the first three parts of the MLA series for a discounted price. To_fi_nd__out_Iocati_o. ns,_more information and to register online go to the League web site or call the League office at (515) 244-7282. Regards, Mark Tomb Director of Membership Services Iowa League of Cities Iowa League of Cities 1317 Sirth Ave, Ste 800 ~ Des Moines, IA 50309 Main: (515) 244-7282 I Fax: (515) 244-0740 I www,owaleague.,_org Page 57 11 /4/2009 r Y~~~r~ CITY CJF i~WA CITY ~-.~, ~~ ~E~(JRAND[~~ Date: November 5, 2009 To: City Council and Council Elect From: Eleanor M. Dilkes, City Attorne Marian K. Karr, City Clerk ~~,,,,~~ Re: City Manager Search On April 17, 2009 the contract with then City Manager Michael Lombardo was terminated; and then Asst. City Manager Dale Helling was appointed Interim City Manager. On June 29 the City Council agreed to wait until a new Council was seated in 2010 to begin the search. We simply wanted to inform you of the status of that search if you wished to schedule the matter for discussion and take that into account when establishing your meeting dates for the first quarter of 2010. A decision on whether the Council wishes to use the consultant that did the initial search or seek proposals from other consultants will be the first decision the Council must make and will affect the initial timeline. Attachment: April 21 letter to The PAR Group U:croselection/councilorientation Page 58 April 21, 2009 Heidi Voorhees, President The PAR Group 100 N. Waukegan Road, Suite 211 Lake Bluff, IL 60044 Re: Agreement with City of Iowa City Dear Ms. Voorhees, i r ;< IP3 ~.•:.®~' ~ul~~~ • war®~~il ..~ CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa Clty. Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org On April 29, 2008 the Iowa City City Council appointed Michael A. Lombardo as City Manager for the City of Iowa City following a recruitment conducted by the PAR Group. On April 17, 2009 the City Council terminated its contract with Mr. Lombardo. As you know, the City's contract with the PAR Group includes a "guarantee" of employment for at least 12 months and an agreement by the PAR Group to conduct another search for the cost of expenses and announcements only. Enclosed you will find copies of the resolution appointing Mr. Lombardo and the resolution terminating his employment. The City Council has not yet decided if it wishes to conduct another search. The purpose of this letter is simply to notify you that the Council may look to the PAR Group to conduct another search pursuant to the terms of the contract. Please contact me if you have any questions. V truly yours Eleanor M. Dilkes City Attorney Encl. Cc: City Council w/o encl. Page 59 ~~ 1 ~' ,~ ~ ., ~~ J ~~ ~ _ -- - S-- :~ _ ~~ Table of Contents Introduction ................................................1 Meetings Generally .......................................2 Public Notice and Agendas .............................. 4 Meeting Procedures and Minutes ........................ 6 Electronic Meetings ....................................... 8 Closed Meetings Generally ............................... 9 Notice for Closed Meeting ..............................11 Closed Meeting Procedures and Minutes ..............13 Closed Meeting on Personnel Issue ....................15 Enforcement ..............................................17 Iowa League of Cities ...................................20 Published August 2005 Open Meetings Questions & Answers The purpose of this publication is to provide general guidance on the Iowa Open Meetings Law, Code of Iowa Chapter 21. This law requires meetings of governmental bodies to be open to the public. Cities often have questions about the applicability of this law to day-to-day city business. The information contained here is designed to be general in nature and does not constitute legal advice. If there are specific legal questions about open meetings requirements, the city should contact the city attorney. The Iowa Open Meetings Law favors openness, so situations where the applicability of the law is unclear should be resolved on the side of openness. Meetings Generally The Iowa Open Meetings Law applies to governmental bodies, including city, county and state government and others, such as some nonprofits. Governmental body refers to a "board, council, commission or other governing body." The law also applies to "an advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues." For cities, this law applies to the city council, as well as entities such as the planning and zoning commission, the board of adjustment, library board and the park and recreation commission. A meeting is "a gathering in person or by electronic means, formal or informal, of a maj ority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy-making duties." To have a meeting, a quorum (or majority) of the governing body must be present and there must be discussion or deliberation on city business. Vacant positions must be included when calculating the number of council members that must be present for a quorum. Examples: If a five-member council has two vacancies, it needs a majo~i- ty of the five (all three cu~~ent membe~s~ to be present in o~de~ to hold a meeting. If a ~egula~ meeting is held and only two members of a five- membe~ council attend, the meeting cannot take place. A gathering of members of a governmental body for purely ministerial 2 or social purposes when there is no discussion of policy or no intent to avoid the requirements of the open meetings law is not a meeting. Example: Thee council members of a five-member city council attend the same high school football game. They do not need to avoid each other; but should not get together dining the game to discuss city business, this would constitute a meeting. Q: Are committee meetings that include the mayor and two council members supposed to be open meetings? This question has to be answered on a case by case basis. Because the law applies to bodies "created by an executive order of a polit- ical subdivision of this state to develop and make recommenda- tions on public policy issues," this may include committees estab- lished by executive order of the council. Example: A city council passes an ordinance to establish a budget com- mittee, consisting of the mayor; two council members and the city finance office: It may be argued that this committee would be subject to open meetings ~equi~ements and an opinion should be sought from the city attorney on whether o~ not that is the case. Q: Are work sessions or retreats where the council discusses, but does not take any action on items, subject to the open meetings requirements? Yes, if a majority of the council is present and they are discussing or deliberating on city business. The fact that the council is delib- erating on city policy is enough to make the gathering a meeting, it is not necessary that they take action or vote. 3 Public Notice and Agendas Meetings of governmental bodies must be preceded by public notice. Public notice is given by delivering a copy of the public notice to those in the media who have requested it and by posting the public notice in a prominent place in the city office. Many cities post notice on a bulletin board in city hall or on the door. If the city does not have a city hall, they can post notice in the build- ing where the meeting will be held. Public notice must give: - Time, date and place of the meeting - The tentative agenda for the meeting Public notice must be given at least 24 hours prior to the meeting. Q: When posting the agenda, what needs to be listed and in how much detail? The agenda should list the items the council intends to discuss and intends to act upon. There is no clear definition on what is enough information, therefore, if in doubt, give more rather than less information. Whether or not the detail provided in a tentative agenda is sufficient must be viewed in the context of surrounding events, therefore exhaustive detail is not required. Example: An agenda item of "water" may not be enough information to tell the public that the council will be discussing an amendment to an ordinance increasing water gates. On the other hand, it is not necessary fog the agenda to include the wording of the entire ordinance. 4 Q. Can cities hold meetings with less than 24 hours notice? Yes, if it is not possible or practicable to give 24 hours notice. The law requires as much notice as possible. If an emergency situation requires a meeting with less than 24 hours notice, give as much notice as can be given, but in any event, give at least some notice. The city must justify its reason for not giving proper notice in the minutes of the meeting. The city must also justify its action if it holds a meeting at a place not reasonably accessible or at a time not reasonably convenient to the public. Example: A levee beaks and the city is being flooded, the council may need to have an emergency meeting to hire a cont~acto~ to come in and ~epai~ the levee immediately. The minutes of the meeting need to explain why the council held a meeting without providing 24 hours notice. Q. Can the council amend the agenda once the council meet- ing has started? It is not advisable to amend the agenda after a council meeting has started. The council shall provide 24 hours notice to the public on what will be discussed at the meeting. If an item is added to the agenda less than 24 hours prior to a meeting or at a meeting, the public may contend that proper notice was not given. Example: Dining the public forum, a citizen complains about dogs gunning at large and suggests the council pass an ordinance at that meeting to address the problem. The mayor o~ presiding offices should defer the discussion and action to the next council meeting o~ suggest a special meeting be called if these is an immediate need to address the issue. It is not a good idea to move fo~wa~d with discussion and action on an item that was not on the agenda. 5 Meeting Procedures and Minutes A meeting occurs when a maj ority of the council gathers to dis- cuss city business. If a quorum of members of the governing body is not present, a meeting cannot be held. Most city attorneys also feel the requirement for a quorum is extended to public hearings. Q: Can a council member who will not be present at a meeting send in their vote with another council member or tell the clerk to record their vote a certain way? Although state law does not explicitly prohibit proxy voting, it is not advisable for a council member to vote by proxy. Sending in a vote and not participating in the discussion at a meeting denies the public access to whatever information or discussion led a council member to vote in a certain way. Additionally, had a council mem- ber attended the meeting, they may have been presented with information that would have caused them to vote differently. Example: Council member Smith will not attend the council meeting but tells council member Jones that the city clerk should ~eco~d Smith as a "nay" vote fog the water gate ordinance. The public was not privy to any discussion o~ information that led Smith to vote "nay ", so this may be problematic under the ~equi~ements fog open meetings. Q: The minutes have to record the vote of each council mem- ber. Does this mean a roll call vote is required on each action of the council? The procedure to record the vote of each member is to either take 6 a roll call vote or to determine each member's vote in some other manner. The method is not as critical as the fact that each council member's vote is recorded. Example: Some cities may use an electronic voting system that ~eco~ds each council members vote. Some mayors o~ clerks may be adept at pick- ing up on how each council member voted dining a ~egula~ voice vote o~ may request that council members wise them hands to vote. Q. Do citizens have to be allowed to participate in a meeting or can cities have rules regulating the public attending a council meeting? The public can use cameras or recording equipment to take pho- tos, movies, recordings, etc. of any open session. Although many cities provide time for public input, it is not a requirement of council meetings. It is advisable to provide a time for public com- ment in order to allow citizens to give feedback and have input in their city government. There are specific situations that require the city to hold a public hearing (prior to adoption of the budget, for example). The purpose of a public hearing is to solicit public input on the proposed action, so receiving public comment is a require- ment. Cities can make rules of conduct for their meetings to ensure the meetings are orderly. The mayor or presiding officer is responsible for enforcing these rules. Example: A city might offer a `public comment" agenda item and limit each person to five minutes, requesting that they state them name and address, etc. 7 Electronic Meetings A city can hold a meeting by electronic means if it is either impos- sible or impractical for a council member to attend in person and only if it complies with all of the following rules: - Public access to the conversation of the meeting has been pro- vided to the extent reasonably possible. - Minutes are kept of the meeting and explain why a meeting in person was impossible or impractical. Example: On a five-member council, one city council member is out of town on business, one council member is ill and the council has one vacant seat. The city cannot hold a meeting without a quorum and they need to meet so they can conduct city business. In o~de~ to have aquo- ~um, the council member that is out of town calls in and participates in the meeting via speakerphone. The minutes must explain why it was nec- essa~y to hold this meeting electronically. Q: When council members communicate with each other by email, is that considered a meeting? If a maj ority of council members are simultaneously communicat- ing electronically about city business, a person may challenge that they are actually conducting a meeting and therefore violating the open meetings law if the meeting was not announced and open to the public. City officials need to be very cautious engaging in electronic communications, whether that be by phone or email. 8 Closed Meetings Generally A closed meeting is a meeting of a governmental body that is closed to public access, meaning that neither the general public nor the press can be present at that meeting. A city council or other body can close a meeting only for very specific reasons described in law. The law favors openness so before closing any meeting, the city should consult the city attorney. The Code Section 21.5 allows for eleven reasons to hold closed sessions. Some of the common reasons used by cities include: to review or discuss records which are required or authorized by state or federal law to be kept confidential, to discuss strategy with counsel in matters that are presently in litigation or where litiga- tion is imminent and specific law enforcement matters. Cities can also close a meeting to discuss the purchase of particu- lar real estate only where premature disclosure could be reason- ably expected to increase the price the governmental body would have to pay for that property. The qualification with this exemp- tion is that the minutes and the tape recording of a session closed under this paragraph need to be available for public examination when the transaction discussed is completed. The most common reason cities hold a closed meeting is to evalu- ate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that indi- vidual's reputation and that individual requests a closed session. 9 Q: Are there any meetings of a governmental body that are exempt from the open meetings requirements? Yes. A meeting to discuss strategy in matters relating to employ- ment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under Code Chapter 20. A city considering holding a meeting of this sort should seek the guidance of the city attorney. Note: This exemption is only fog the purpose of discussing strategy. The~efo~e, action involving employment conditions must be taken at a meeting that complies with the open meetings ~equi~ements. Foy this purpose, "employment conditions " means areas included in the scope of negotiations listed in Code Section 20.9. Examples: Insurance, holidays, leaves of absence, shift differentials, ove~- time compensation, supplemental pay and seniority. Q. Does the city clerk have to be present during a closed ses- sion to take minutes? No. If the clerk is not present, the governing body must appoint someone to perform this function. Q: Can persons other than members of the governing body be present during a closed session? Yes, provided that governing body authorizes their presence. Q: Do persons other than members of the governing body have an absolute right to be present at a closed session? No. 10 Notice for Closed Meeting The meeting must begin in open session with a call to order and a roll call. In order to go into closed session, there must be a motion to hold a closed session that is approved by two-thirds of the members or all those present. The minutes must record the votes of individual council members on the question of holding a closed session. In addition, the motion and minutes must state the exemp- tion under Code Section 21.5 that permits a closed session. No business can be discussed during the closed session that does not directly relate to the specific reason for the closed session. Upon completion of the closed session, a motion and vote must be taken to end the closed session and return to open session. Final action must be taken in open session. Q: Does a closed session have to be listed on the governing body's agenda? Generally, yes. The legislative intent underlying the Iowa Open Meetings Law is that this law should be construed or applied in favor of openness. Therefore, if a closed session is anticipated, the fact that there is to be such a session should be made known by setting forth the topic for the closed session and the fact that a closed session will be held on the agenda. 11 Q: Does every closed session have to be listed on the govern- ing body's agenda? No. If, during an open meeting, a topic comes up which may be considered during a closed session and which could not reason- ably have been anticipated at the time notice of the agenda was given, then it would be appropriate to proceed to closed session from the open meeting. ~~ ~ ~~ ~9 :,~~ ~e ,;~ _~ 12 Closed Meeting Procedures and Minutes When holding a closed session the governmental body must keep the following: - Detailed, written minutes of all discussion, persons present, and action occurring during the closed session. - A taped record of the entire closed session. The minutes are sealed and must be kept by the governmental body for a period of at least one year from the date of the meeting at which the closed session was held. Q: Is there any situation which will result in the sealed detailed minutes and the tape recording of a closed session becoming unsealed? Yes, but only if a lawsuit is brought to enforce the provisions of the Iowa Opening Meetings Law, then upon order of court, they must be unsealed and examined by the court. The court has to bal- ance what adverse consequences may result from public disclosure against the value of information that is contained in the minutes or on the recording to determine whether to disclose any portion of the closed session. Q: If a member of a governing body is absent and the govern- ing body holds a closed session, can that member listen to the tape recording of the closed session? Yes. The member who is absent still remains a member of the gov- 13 erning body. The member has a right to be informed of discussion and action that occurred during his or her absence. The fact that the detailed minutes and tape recording of a closed session are not open to public inspection does not preclude a person who would otherwise have been privy to such records, except for an absence from later listening to the tape or reviewing the minutes. Closed Meeting on Personnel Issue One of the most common reasons cities hold closed meetings is to discuss a person's appointment, discharge and performance. In order to hold a closed session for this reason, the person who is being discussed must request a closed session. The city may want to alert the person of this privilege or the individual might unknowingly waive their opportunity for a closed session. Q: If a person who may request a closed session in fact makes such a request, must the request be granted? No. The law provides that a governing body may hold a closed session for certain specific purposes. It does not require that such a session be held. Q: Can job interviews be conducted during a closed session? Yes. However, the person being interviewed must request the closed session. Example: The city plans to hire a city administ~ato~: The city has na~- ~owed them list of candidates to three they plan to interview. The city may alert the candidates of them option fog a closed session. If the candidate requests a closed session fog the interview, the city could proceed with a closed session. 15 Q: When a closed session is held to discuss employment issues involving a specific employee, is the employee required to be present during the session? Not all attorneys agree whether or not the employee requesting a closed session needs to attend the closed session, so if a city is presented with this situation, they should seek the guidance of the city attorney. Q: Can a closed session be held to discuss salaries in general for the upcoming year? No. There is no express authority in the Iowa Open Meetings Law for such action. Therefore, under the policy prescribed by the Iowa legislature, this matter must be resolved in favor of openness. 16 Enforcement The courts enforce the Iowa Opening Meetings Law. Any aggrieved person, the attorney general or the county attorney can bring a lawsuit to enforce this law. The burden is on the city to prove they complied with the law. Q: What happens if the court finds that there has been a vio- lation of the open meetings requirements? The court must assess each member of the governing body that participated in the violation an amount not more than $500 and not less than $100. Each such member must be ordered by the court to pay all costs and reasonable attorney fees to the party who successfully established a violation of the law. The court must void any action taken in violation of the law if the lawsuit for enforcement is brought within six months of the viola- tion and if the court finds that the public interest in enforcing the policy of the Iowa Open Meetings Law outweighs the public inter- est in sustaining the validity of the action taken in the closed ses- sion. The court cannot, however, void the issuance of bonds or other evidence of indebtedness of a governmental body if a public hearing, election or public sale has been held regarding the bonds or evidence of indebtedness. If a member of the governing body has engaged in a prior viola- tion of the open meetings requirements for which damages were assessed during the member's term, the court must issue an order 17 removing the member from office. The court may also issue a mandatory injunction, punishable by civil contempt, ordering the member of the governing body to refrain from any future violations of the open meetings require- ments for one year. Q: Can a person charged with a violation of the Iowa Open Meetings Law claim they did not know the provisions of the law? No, ignorance of the law is not a defense. - 6- ~.4_ I; _ Q: What are the defenses against being held individually liable for violations of this law? 1. Voting against the closed session. This demonstrates the importance of recording the vote of each council member. 2. Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with all the requirements of this chapter. 3. Reasonably relied upon a decision of a court or a formal opin- ion of the attorney general or the city attorney. This demon- strates that cities need to obtain a written opinion from the city attorney before holding any closed session. Q: Do members of governing bodies need to be provided with information about the Iowa Open Meetings Law? Yes. The appropriate commissioner of elections mus provide this information to the elected members of governmental bodies. Also, the authority that appoints members of governing bodies must pro- vide this information. Example: The county auditor must provide this information mayors and city council members. When city councils makE appointments to boards o~ commissions o~ to fill a vacancy the council, they must provide this information to them appc 19 Iowa League of Cities The Iowa League of Cities is a nonprofit association of city gov- ernments in Iowa. The League provides a variety of informational resources to its members. Municipal Leadership Academy (MLA) Tailored to newly elected officials, the League's Municipal Leadership Academy prepares attendees for participation in city government. This intensive, four-part series gives new leaders the tools they need to succeed in public office. Web Site The League's web site,www.iowaleague.org, is an excellent resource for cities. It contains legislative information, frequently asked questions, a database of grants, a calendar of events, work- shop information and League publications. Contact information for League staff and links to state agencies, the Code of Iowa and other useful sites are also included. Technical Assistance Once a city official takes office, the Iowa League of Cities will provide assistance by answering questions and providing informa- tion. Membership services staff is available to answer questions from cities of all sizes facing a variety of challenges. Ongoing Training The League holds a variety of training events throughout the year. Annual workshops cover city budgets, issues facing small cities and a variety of other topics. Each fall, the League holds an annu- 20 al conference offering the most current, relevant information to city officials. Advocacy League staff advocates city policy positions to members of the Iowa Legislature, and monitors federal issues. City officials should participate in advocating local government positions. League publications help local officials stay abreast of important issues, making them informed voices when speaking to legislators. The City Voices email list is another valuable tool for sharpening advocacy skills. The League's annual Legislative Day invites city officials to the Capitol to meet legislators en masse after receiving an update on key issues. Publications The League provides a variety of publications to cities. Cityscape is a monthly magazine with articles designed to inform and edu- cate city officials. During the legislative session, the League pub- lishes abiweekly Legislative Bulletin. A biennial directory of cities in Iowa, a municipal salary and benefits survey and an annu- al report are also available. LI ~~~ ^~®~ CITY CAF IOWA CITY IP4 ~ ~ll~, ~+' p~~~ ~CJRA ~E ~~ Date: November 3, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk ~~ Re: Possible addition to legislative priorities In your earlier discussion of legislative priorities you identified "Alcoholic Beverages" as a priority with the two subsections: a. State statue to restrict price specials and related promotions that encourage excessive consumption b. State examination of the cash only business of cover charges -there is local concern about underreporting revenue, as well as the concern that this is essentially a charge that supplements below-cost drink specials, thereby encouraging excessive drinking I would like to suggest your consideration of adding consideration of increasing fees for liquor and beer licenses; as well as cigarette permits. Fees are population based and set by the State. The cigarette license fee of $100 is retained by the City and has not changed in over 20 years. Although liquor and beer license types have increased the fees associated with licenses have not changed. Beer permit fees stay with the City while liquor licenses are paid directly to the State and a percentage reimbursed quarterly to the City. U:licensefees.doc October 27, 2009 Residents of Shannon Drive between Rohret Road and Tipperary Rd Re: Meeting to discuss traffic calming on Shannon Drive Dear Resident: ~ r 1 IP5 ~.:.®- ~nl ~ ,~~~~~ •.~a~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2240- 1 82 6 (319) 356-5000 (319) 356-5009 FAX www. icgov.org The City has received a petition from residents of Shannon Drive between Rohret Road and Tipperary Road to have this section of roadway considered for Iowa City's Traffic Calming Program. The City completed a traffic evaluation and determined that this street qualifies for the program as the 85tn_ percentile speed of traffic exceeds 5 mph over the posted speed limit of 25 mph. The next step is to have a neighborhood meeting to discuss possible traffic calming measures. The purpose of the meeting is to develop a neighborhood consensus on a preferred traffic calming measure. Some examples of traffic calming applications are speed humps, traffic circles, pavement markings, radar speed signs, or targeted police enforcement. For additional information on the types of traffic calming applications currently utilized in Iowa City, visit http~//www iccoq orq/documents/trafficcalmina.pdf. If a consensus on a traffic calming measure can be reached at the meeting, we will perform a study to ensure it can be implemented safely, and then conduct a survey of households to determine the level of support for the action. Over 60% of responding households must be in favor of implementation in order for the City Council to consider installation. The intent of the City's Traffic Calming program is to install traffic calming features only if that is the desire of the neighborhood. Please consider attending the meeting on: Tuesday, November 10th, 2009 - 6:30 p.m. Weber Elementary Media Center 3850 Rohret Road I expect the meeting to last no more than one hour. If you cannot attend, please feel free to contact me with your comments or questions at 356-5254 or darian-nagle-gamm@iowa-city.org. Y, Jagle-Gamm Traffic Engineering Planner cc: City Council Dale Helling Jeff Davidson -- John Yapp " Rick Fosse - `"'; Ron Knoche ~ ~" `:~::; Bud Stockman - , ,. John Sobaski ~ s~J Marcia Bollinger - ..... „` tw - jccogtpAtrslmeeting-shannondr.doc ;v 11-05-09 IP6 Iowa City Police Department - P.A.U.L.A. Report -September 2009 - (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Da te Totals PAULA visit (occupancy loads updated Oct '08) visits arrests visits arrests ear-to-date - `~ " 808 Restaurant & Nightclub [176] 4 1 35 36 1.029 ' 625 '• 0 Airliner [223] 6 2 32 3 20 0 . r 0.000 American Legion [140] Aoeshe Restaurant [156] 7 0 0.000 Atlas World Grill [165] 1 0 0.000 Blackstone [297] Bluebird Diner [82] Bob's Your Uncle [260*] 1 038 0 Bo-James [200] 5 0 26 . Bread Garden Market & Bakery [?J 29 414 0 [It's] Brothers Bar & Grill [556] 11 0 70 . [The] Brown Bottle [289] 3 0 0.000 Buffalo Wild Wings Grill & Bar [189] 1 0 Cafts Z [56] 4 0 29 0 0.000 Caliente Ni ht Club [498] (opened MnRI 0 000 0 Carl & Ernie's Pub & Grill [92] 2 0 10 . Carlos O'Kelly's [299] Chipotle Mexican Grill [119] 10 0 0.000 [The] Club Car [56] 1 0 Colonial Lanes [502J 3 0 0.000 Dave's Foxhead Tavern [87] 6 0 0.000 David's Place (aka Dawit's) [73] 1 0 8 333 0 DC's [120] 2 2 24 8 0 . 0.000 [The] Deadwood (218] Devotay [45] ' 1 0 12 0 0.000 s Pub [49] Donnelly 9 0 0.000 [The] Dublin Underground [57] 0 000 0 [Fraternal Order of] Eagle's [315] 2 . EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161] Englert Theatre [838] 33 47 1.424 Etc [178] Fiesta Mexico (aka Farras) [200] 3 0 13 0 0.000 [The] Field House (aka Third Base) [420] 3 2 62 117 1.887 250 0 Firewater [114] 1 0 4 6 1 5 . 0.833 Formosa Asian Cuisine [149] 0 000 0 George's Buffet [75] 5 . Givanni's [158] Godfathers Pizza [170] 3 0 0.000 Graze [49] 9 0 0.000 Grizzly's South Side Pub [265] Guido's Deli [20] 2 0 7 0 0.000 Hawkeye Hideaway [94] 7 0 0.000 [The] Hilltop Lounge [90] 1 0 10 0 0.000 IC Ugly's [72] 3 0 India Cafe [100J 0 18 0 0.000 [The] Industry [436] 1 3 0 0.000 Jimmy Jack's Rib Shack [71] 0 000 0 Joe's Place [281J 2 0 18 . Joseph's Steak House [226] 1 125 0 Kamodo Klub [144] 1 0 8 8 0 . 0.000 Kandy Land [120] 2 0 1 0 0.000 Karanke La Revna f781 --:~ ~~ La Casa [300] 1 0 0.000 La Reyna [49] Linn Street Cafe [80] 86 0 0.000 Los Cocos [99] Los Portales [161] 0 16 0 0.000 Martini's [200] 2 Masala [46] Mekong Restaurant [89] 7 0 0.000 Micky's (98] 1 0 3 0 0.000 [The] Mill Restaurant [325] [Loyal Order of] Moose [476] Monica's Italian Bistro & Pizzeria [160] 000 0 [Sheraton] Morgan's [231] 3 0 . Motley Cow Cafe [82] Okobo'i Grill [222] 0 5 0 0.000 Old Capitol Brew Works [294] 2 33 138 1 One-Eyed Jake's [299] 4 5 29 . One-Twenty-Six [105] Oyama Sushi Japanese Restaurant (87] Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] 1 111 0 Piano Lounge [65] 0 9 10 0 . 0.000 [The]Picador[261] 2 0 39 11 0.282 Pints [180] 4 Pit Smokehouse (40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] 0 000 0 Quinton's Bar & Deli [149] 1 0 10 . (The] Red Avocado [47] 2 0 0.000 Rick's Grille & Spirits [120] Riverside Theatre [118] 1 111 0 Saloon [120] 1 0 0 9 4 0 . 0.000 Sam's Pizza [174] 1 3 0 0.000 [The] Sanctuary Restaurant [132] 0 000 0 Shakespeare's [90] 1 0 7 9 0 . 0.000 Short's Burger & Shine [56] 1 0 50 71 1.420 Sports Column [400] 6 7 11 0 0.000 Studio 13 [206] 9 22 68 130 1.912 [The] Summit [736] 0 1 0 0.000 Sushi Popo [84] 1 2 3 1.500 Takanami Restaurant [148] 0 000 0 TCB [250] 1 0 25 . Thai Flavors [60] Thai Spice [91] 3 0 43 1 0.023 Tropicana (aka Club Furia) [280] T. Spoons [102] 3 3 54 57 1.056 Union Bar [854] VFW Post #3949 [197] 6 0 0.000 [The] Vine Tavern [170] 2 0 32 7 U~19 Vito's [320] 3 0 3 0 0000: Wig & Pen Pizza Pub [154] 0 000 0 [Iowa Cit ]Yacht Club [206] 12 . Zio Johno's Spaghetti House [94] Z'Mariks Noodle House [47 Totals: 105 44 1064 580 0.545 Other PAULA at non-business locations: 39 106 ~.. PAULA Totals: 83 686 currant month yeah-to-date ~ , 'includes outdoor seating area :, , , J,, ~~' j( ~~~ ,_ f i BUILDING PERMIT INFORMATION October 2009 KEY FOR ABBREVIATIONS .Type of Improvement ADD -Addition ALT -Alteration REP -Repair FND -Foundation Only NEW-New OTH -Other type of construction Type of Use RSF -Residential Single Family RDF -Residential Duplex RMF -Three or more residential RAC -Residential Accessory Building MIX -Mixed NON -Non-residential OTH -Other i' 4 ~ ~ .~ Page : 2 City of Iowa City Date : 1 1/2/2009 Extraction of Building Permit Data for To : 10/1/2009 Census Bureau Report From : 10/31 /2009 Permit Number Name Address BLD09-00269 FIRST MENNONITE CHURC 405 MYRTLE AVE DAYCARE ADDITION FOR CHURCH BLD09-00574 ITC 635 RUPPERT RD PAD FOR GAS TANK FUELING AREA BLD09-00559 CARPENTERS LOCAL 1260 705 S CLINTON ST RETAINING WALL Twe ape Impr Use Stories Units Valuation ADD NON 0 0 $175,000 ADD NON 0 0 $45,000 ADD NON 0 0 $15,000 Total ADD/NON permits : 3 Total Valuation : $235,000' BLD09-00577 PATRICK HOGAN 2121 TAYLOR DR WHEELCHAIR RAMP ADD RDF 0 0 $400 Total ADD/RDF permits : 1 Total Valuation : $400' BLD09-00585 DAN UPHOFF 2022 ROCHESTER CT ADDITION FOR SFD BLD09-00565 TERRY BOGS-JOHNSON 3201 E COURT ST GARAGE AND DECK ADDITION FOR SFD BLD09-00558 TIM & STEPHANIE SCHUTT 718 HUNTINGTON DR ADDITION FOR SFD BLD09-00596 MARTHA A FRENIER 1311 LUKIRK ST CARPORT ADDITION FOR SFD BLD09-00580 HEATH, CHARLES E 145 GLENN DR DECK AND 3 SEASON PORCH ADDITION BLD09-00584 TED KOERNER 23 PENFRO DR DECK ADDITION FOR SFD BLD09-00571 WENMAN, BONNIE J 1019 DIANA ST 7' x 12' Addition BLD09-00575 REBECCA S YUCUIS 2049 LITTLE CREEK LN FRONT DECK ADDITION FOR ZERO LOT LINE ADD RSF 0 0 $40,450 ADD RSF 0 0 $30,000 ADD RSF 0 0 $25,000 ADD RSF 0 0 $6,000 ADD RSF 0 0 $5,000 ADD RSF 0 0 $1,800 ADD RSF 1 0 $1,000 ADD RSF 0 0 $400 Total ADD/RSF permits : 8 Total Valuation : $109,650' BLD09-00582 ZION LUTHERAN CHURCH 310 N JOHNSON ST ALT NON 0 0 $175,000 WEST ENTRY AND ACCESSIBLE RAMP BLD09-00457 WESTBURY PROPERTY LL 503 WESTBURY DR ALT NON 1 0 $30,000 ALTERATION OF PORTION OF RESTAURANT BLD09-00594 ALICE PARRY LLC 15 S DUBUQUE ST ALT NON 2 0 $30,000 REPLACE CABINETS AND COUNTER FOR COFFEE SHOP Total ALT/NON permits : 3 Total Valuation : $235,000 BLD09-00572 SECURITY INV ASSOC INC 126 E DAVENPORT ST Replace front porch stairs and handrail ALT RDF 0 0 $250 Total ALT/RDF permits : 1 Total Valuation : $250' Page : 3 Date : 11 /2/2009 To : 10/ 1 /2009 From : 10/31 /2009 Permit Number Name BLD09-00567 JIM BUXTON FRONT STEPS FOR RMF City of Iowa City Extraction of Building Permit Data for Census Bureau Report Address 942 IOWA AVE Total ALT/RMF permits : 1 BLD09-00581 ALLEN & JEANNIE MOY 1112 ESTRON ST ALT RSF 0 0 $43,000 BASEMENT FINISH FOR SFD BLD09-00602 CHADI CALARGI 1035 RIVER ST ALT RSF 0 0 $40,000 ADD BATHROOM, REMODEL, WINDOWS FOR SFD BLD09-00545 PAT JAMES 475 BUTTERNUT LN ALT RSF 0 0 $12,339 BATHBEDROOM ALTERATION FOR SFD BLD09-00569 HUPP, MARCIA K 1226 DOVER ST ALT RSF 0 0 $9,000 CONVERT SCREEN PORCH TO 3 SEASON PORCH BLD09-00591 COLE SWENSON 730 N VAN BUREN ST ALT RSF 0 0 $5,100 BATHROOM REMODEL FOR SFD BLD09-00592 BARBARA LAVER 605 KEOKUK CT ALT RSF 0 0 $1,800 BASEMENT EGRESS WINDOW FOR SFD BLD09-00562 BERNARD O'BRIEN 3112 FRIENDSHIP ST ALT RSF 0 0 $1,000 BASEMENT EGRESS WINDOW BLD09-00564 SHANNON COLEY & TOM A 622 DEARBORN ST ALT RSF 0 0 $500 STAIRS AND STOOP FOR SFD IN CONSERVATION DISTRICT BLD09-00552 GREATER IOWA CITY HOU 2510 FRIENDSHIP ST ALT RSF 0 0 $300 REPLACE FRONT STEPS WITH DECK AND STEPS Total ALT/RSF permits : 9 Total Valuation : $113,039 BLD09-00475 GEOFFREY & ERIKA LADE 700 WHITING AVE IN GROUND POOL ADDITION FOR SFD NEW OTH 0 0 $50,000 Total NEW/OTH permits : 1 Total Valuation : $50,000' BLD09-00514 LYNETTE S SEIGLEY 816 ROOSEVELT ST DETACHED GARAGE ADDITION FOR SFD Tme Tvpe Imur Use Stories Units Valuation ALT RMF 0 0 $300 Total Valuation : $300 NEW RAC 1 0 $20,000 Total NEW/RAC permits : 1 Total Valuation : $20,000' BLD09-00439 ALLEN HOMES INC 372 N SCOTT BLVD NEW RMF 2 4 $685,242 4 UNIT TOWNHOUSES WITH ATTACHED 2 CAR GARAGES 372-374-376-378 N SCOTT BLVD Total NEW/RMF permits : 1 Total Valuatiou : $685,242 BLD09-00583 RON SCHINTLER INC 1060 WILD PRAIRIE DR NEW RSF 2 1 $319,000 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00589 ROLLAND DUNBAR CONST 1071 TIPPERARY RD NEW RSF 1 1 $247,979 SFD WITH ATTACHED 3 CAR GARAGE Page : Date: 4 11/2/2009 City of Iowa City Extraction of Building Permit Data for To : From : 10/1/2009 10/31 /2009 Census Bureau Report Twe Tune Permit Number Name Address Imnr Use Stories Units Valuation BLD09-00557 KENNEDY-HILGENBERG E 1132 PRAIRIE GRASS LN NEW RSF 1 1 $235,000 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00538 ZAHRADNIK CUSTOM HOM 1039 TIPPERARY RD NEW RSF 2 1 $230,000 SFD WTIH ATTACHED 3 CAR GARAGE BLD09-00547 SOUTHGATE HOMES 4103 GUSTAV ST NEW RSF 1 1 $212,700 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00588 ARLINGTON DEV INC 4130 NEWCASTLE DR NEW RSF 1 1 $210,181 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00576 SOUTHGATE HOMES 4166 GUSTAV ST NEW RSF 1 1 $199,000 SFD WITH ATTACHED 2 CAR GARAGE BLD09-00556 ARLINGTON DEV INC 503 HUNTINGTON DR NEW RSF 1 1 $198,914 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00568 PRIME VENTURES CONSTRI 714 GALWAY DR NEW RSF 1 1 $186,827 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00539 ARLINGTON DEVELOPMEN 61 EVERSULL LN NEW RSF 1 1 $172,646 SFD WITH ATTACHED 3 CAR GARAGE BLD09-00570 IOWA VALLEY HAB FOR HL 2445 WHISPERING PRAIRI NEW RSF 1 1 $142,967 SFD WITH ATTACHED 1 CAR GARAGE Total NEW/RSF permits : I1 Total Valuation : $2,355,214 BLD09-00599 CITY ELECTRIC SUPPLY 315 E PRENTISS ST REP NON 1 0 $10,133 REROOF COMMERCIAL BUILDING Total REP/NON permits : 1 Total Valuation : $10,133 BLD08-00702 IVY MOORS 444 WALES ST REP RAC 0 0 $1,500 GARAGE ROOF REPAIR Total REP/RAC permits : 1 Total Valuation : $1,500 BLD09-00593 TRG DEVELOPMENT, LLC 11 PENTIRE CIR REP RMF 0 0 $47,000 FLOOD REPAIR OF RMF UNIT BLD09-00555 JEFF MILLER CONSTRUCTI( 28 COLWYN CT REP RMF 2 0 $45,000 FLOOD REPAIR OF RMF UNIT BLD09-00586 PENNINGROTH APARTMEN 530 S CLINTON ST REP RMF 0 0 $2,650 TUCK POINT MASONRY FOR RMF APARTMENT BUILDING Total REP/RMF permits : 3 Total Valuation : $94,650 BLD09-00134 TOM GOEDKEN 412 FAIRCHILD ST REP RSF 2 0 $3,500 FRONT PORCH REPAIR FOR SFD BLD09-00561 DOOLEY, NANCY A 120 DARTMOUTH ST REP RSF 0 0 $3,000 REPLACE AND ENLARGE REAR DECK FOR SF D Total REP/RSF permits : 2 Total Valuation : $6,500 Page : 5 Date : 1 1 /2/2009 To : 10/ 1 /2009 From : 10/31/2009 Permit Number Name City of Iowa City Extraction of Building Permit Data for Census Bureau Report Address Type TyUe Impr Use Stories Units Valuation GRAND TOTALS : PERMITS : 47 VALUATION : $3,916,878 ~~_,---.r.®~r CITY CJF I(JWA CITY ~P$ Date: November 5, 2009 To: City Council From: Director of Public Works Director of Planning and Community Development Re: Update: Flood-related activities Engineering Division • EDA additional information gathering • Constructing structures for siphon sewer • West Side Levee preliminary approval of floodway redelineation • Met with Crandic Railroad • Identified RFQ requirements for Wastewater design • Writing extensions for FEMA property acquisitions project worksheets • Finishing design for Sandusky storm sewer • Identifying ROW and design for sidewalk infill by Rochester • Demolition of 3 more 404 HMPG Flood buyout homes • Completing Asbestos survey for 8 more HMPG properties Water Division Continued working with Engineering & Howard R. Green (HRG) for design on replacement of two 12" river crossing repairs (Old Plant and Hwy 6) 1. HRG is under contract to provide design, specifications bid documents and inspection for the two projects -approved by Council on 10-6-09. 2. Confirmation of FEMA staff changes and continued funding for this project was received from Deb Mansfield. 3. 50% review is due by 11/6/09 The HRG Hazard Mitigation Study is complete. 1. Projects and cost estimates from this report were used to define the scope and cost estimates for the Peninsula well field site and will be used to apply for additional mitigation funding. The PW and Hazard Mitigation Plan for CW 3, CW 4, SW 4, JW 2 and the respective electrical systems has been `obligated' by FEMA. We have completed our review of a draft design, bid, and inspection contract for the Hazard Mitigation projects for CW 3, CW 4, SW4, JW 2 and the respective electrical systems from HRG. A contract proposal will be submitted to City Council for approval. November 5, 2009 Page 2 The HRG Hazard Mitigation Study is being used for additional funding request for hazard mitigation for plant site well houses. We are currently working with Dave Purdy. 1. We have submitted information to FEMA for the Benefit Cost Analysis (BCA) to ascertain our eligibility. 2. We received communication from FEMA that the BCA looks favorable. Planning and Community Development • Staff continues to review Jumpstart applications for disbursing State Jumpstart 2 and State Jumpstart 3 funding for housing rehab/repair, down payment assistance, and interim mortgage assistance. A total of $1.42 million in State Jumpstart funding has been used to assist 65 flood-impacted residential households and $802,000 in Federal Jumpstart funding has been used to assist 17 households. • Staff participated in a disaster recovery teleconference on Wednesday, November 4 with staff from the Iowa Department of Economic Development, Iowa Finance Authority and the Rebuild Iowa Office. • Two Planning staff members attended a workshop in Des Moines on October 30 to learn about the duplication of benefits calculation for the upcoming CDBG funded buyout program. • Four staff members from the Iowa Department of Economic Development were in the Planning Department offices on November 3 - 5 monitoring and reviewing the Supplemental CDBG flood related projects and files. • Two properties in Parkview Terrace were acquired by the City in the last week, which brings the total number of properties acquired to 24. Of the 24 properties that have been acquired, 21 have been purchased in the HMGP program and three in the Community Disaster Grants Program. • As one year anniversaries roll around for the distribution of Jumpstart Business Recovery forgivable loans, staff has begun stamping Promissory notes paid and sending the notes to the recipients. There were 51 Jumpstart Business Recovery Forgivable loans made between November, 2009 and May 2010 for a total of $1.29 million. • The Business Rental Assistance Program has had 50 applications for $797,000. To date, 45 have been funded for a total of $739,000. 4 applications are still pending documentation and 1 is ineligible. CIVIL PROCESS WORKSHEET IP9 JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: HEGEMAN,ROBERT J vs. DEFENDANT: CITY OF IOWA CITY DEFENDANT: CITY COUNCIL OF IOWA CITY, IOV' Requestor(s) ; Phone... JOHNSON CO CLERK OF COURT (319) 356-6060 Docket No 09-06388 ®~ State IOWA Court No EQCV070796 County JOHNSON Ref No Received 11/02/2009 Name CITY COUNCIL OF IOWA CITY, IOWA Zone Party Type DEFENDANT Phone Fax Address 00 E-Mail Employer Comments Documents Document ~ Serve'by Date 0E PSR Description (Special lnstrttctions WRIT OF CERTIORARI I~ ~-' Service Information Date ~C~3 ~d~i Time("j~~ ~ Party ~C.l~(C7h K~ P'~ f Race Miles Fee Sex DOB Officer Type Relationship ~/,~~( ~~,.p~^~<< Location--J-~~. Ci~VI'~~~(~ 1..,~-P/"I~S~ G~`• Attempts Log Date Time Server Notes L'-/`I L,, ~~- ,.,. ~- ~ .._ ,. _. ,;~- Notes Date Time Server Notes Printed: Monday, November 02, 2009 Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT JAMES HEGEMAN Plaintiff/Petitioner, vs. CITY COUNCIL OF IOWA CITY IOWA CITY OF IOWA CITY Defendant/Respondent, ,) Case 06521 EQCV070796 WRIT (XXXXX ) Without Bond ( ) With Bond in the amount of $_ ( ) Attachment ( ) Mandamus (~C7C'~-X ~) Certiorari ( ) Possession { ) Habeus Corpus ( ) Replevin ( ) Landlord's Attachment (XXXXX) Other (Specify) SEE ATTACHED ORDER TO THE SHERIFF OF JOHNSON YOU ARE COMMANDED TO ATTACH: ( ) Bank Account ( ( ) Body ( ) Crops Description (See attached court order) COUNTY: Personal Property Real Estate Other (Specify) Date 11-02-09 LODEMA BERKLEY CLERK,, IOWA DISTRICT COURT Requested by: ROBERT HEGEMAN „ ?G /1~. ------------------------------------------------------------------- Date Received Date Served Who Served Address Served Sheriff By RETURN OF SERVICE Fees Mileage Total '--~ •-~a ,,i e-:. Deputy IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT JAMES HEGEMAN, Plaintiff, vs. No. EQCV070796 CITY OF IOWA CITY AND THE CITY COUNCIL OF IOWA CITY, Defendant. ~J :- ~, ~s~ w It is hereby ORDERED that the Johnson County Clerk of Court issue a writ of certiorari under its seal. The Writ shall command the defendant(s) to certify to the Johnson County District Court a transcript of so much of defendants' records and pleadings as are complained of in the Petition or as may be pertinent thereto, together with the facts of the case, describing or referring to them or any of them with reasonable certainty. The defendants shall make the return at the Clerk of Court's Office for the Johnson County District Court on or before November 25, 2009. Dated this 2nd day of November 200 . L. VERN ROBINSON Senior Judge of the Sixth Judicial District State of Iowa ~;,~~~ ~ ~ IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT JAMES HEGEMAN ~ ~ - Plaintiff, I No. EQCV070796 I _- , CITY OF IOWA CITY AND THE ORDERS _; - . CITY COUNCIL OF IOWA CITY, = ; ~:., ; -, ,J Defendant. " .' ~- ,: Hearing was held on October 30, 2009. Robert Hegeman, Plaintff; •, appeared and represented himself without counsel. The City of Iowa City and City ' " Council of Iowa City appeared by Attorney Sara Hektoen. Mr. Hegeman is challenging by way of certiorari the rezoning decision(s) in rezoning proposal REZ08-00011. The Petition For Writ of Certiorari was filed June 3, 2009. Included in the Petition was Plaintiff's Motion for a Stay. Typically, counsel for petitioners in certiorari actions will present the petition to a judge with a proposed writ for the court's review and potential approval. In this case, unfortunately, the Petition was filed and the City answered. The matter of the stay did not come to the Court's attention until Mr. Hegeman filed a formal motion in a separate pleading on September 23, 2009. Since the City's rezoning decision, the developer has begun work on a large project, and considerable expense has been incurred by the developer who is not a party to this action. If the Court were inclined to issue a stay order, it would require the plaintiff to post a bond in the millions of dollars. The Court, however, is not issuing a stay. Given the work and expenditures by a nonparty, the Court concludes a stay is not appropriate. A trial-setting conference is scheduled for November 19, 2009. The Court determines that, in advance of the conference, the writ of certiorari should issue. The requirements of the writ will conform to Iowa Rule of ~ r cedure 1.1401. Dated this 2nd day of November 200. ,~,.~, ~, ~{ I ~~_ -i~~/2-t~a<~~~~ ~ ---~-L. VERN ROBINSON i~ ~C .x;,,2,,~ ,z_, Senior Judge of the Sixth Judicial District State of Iowa --~;,, . J In the District Court for Johnson County Robert James f~egeman, Plaintiff ) LQCV0~0~9b vs. R'hn (vit~~ of Tr,S.,a ~i t1~ anr~ the 1 PT,ATNTIFF' ~ REQUEST-. FOR DOCUMENTS _-_l0 B`E City Council of Iowa City, ) Defendants ) CERTIFIED _~~` ~. , ~." Plaintiff requests that Defendants be ordered to make ~__ :: ,, _ --; c~ available the following documents in response to the ,.-,, ,,~ =~ issuance of a writ of certiorari: - ~~ ~'' 1. The original protest petition concerning REZ08-00011 delivered at the public hearing on or about March 10, 2009. 2. All portions of the official agendas, transcripts, minutes and voting results of City Council hearings and meetings pertaining to REZ08-00011 or ordinance 09-433:6 for the following dates: February 24, March 10, March 24, April 6, April 20, and May 5, 2009. 3. Policies and procedures for handling protest petitions in rezoning matters, including any policies and procedures for calculating whether a protest petition meets the 20% threshold required by Iowa Code 414.5. 4. All documents, e-mails and calculations pertaining to whether the protest petition against REZ08-00011 filed at the March 10, 2009, City Council hearing met the 200 threshold of Iowa Code 414.5. y,• 5. A11_ official notices between February 24, 2009 and April 6, 2009 pertaining to scheduling of a pub lic hearing ~ '>: on REZ08-00011. - '-~ rv 1 6. The earliest known document describing the final boundaries of the property in RE`L08-00011. as adopted in Ordinance No. 09-4336, including the earliest such document made ae~ailabie to the public. 7. A11 conditional zoning agreements pertaining to REZ08- 00011 arrived at between February 24, 2009, and May 5, 2009. 8. All documents, notes, or emails made by any city employee or council member between March 10, 2009, and June 1, 2009, pertaining to the protest petition against REZ08- 00011 filed at the March 10, 2009, City Council hearing. 9. The protest petition concerning REZ08-00011 filed on about May 4, 2009. ~~ Ro ert egeman 44 Tucson Place Iowa City, Iowa 52246 Roberthegeman@mchsi.com 391-338-5818 319-530-0553 (cell) 319-668-2491 (fax) -- ~~ (- ~ ,~ ~ C. -~ y C'- ''> ~_.~: ---: 4::::a ._ ~___ } ~_ I f ~J CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF : HEGEMAN,ROBERT J Docket No 09-06388 ®~ State IOWA vs. Court No EQCV070796 County JOHNSON ~~ DEFENDANT: CITY OF IOWA CITY Ref No Received 11/02/2009 I DEFENDANT : CITY COUNCIL OF IOWA CITY, IOV' Requestor(s) Phone ~„~ ~,.~~.,~~ ~~ ~~ wok nG rni iRT (3191 356-6060 Name CITY OF IOWA CITY Zone Party Type DEFENDANT -~ Phone (319) 356-5030 Fax ~~~ Address 410 E WASHINGTON ST IOWA CITY IA 52240- E-Mail Employer Comments Documents D,oce~m~n~, ~'_ ~~_ 'S~rv~, by Daf~~ fJE- P,~R Description /'_~pecial:lns#ruCtions ~ - WRIT OF CEf~TI~~R~RI T ~~ ~~ ~~ ~erviee, lnforrriation Date ~ Q ~ Time ~~9 ~ ~ Party Q (~l~ C~ ~~Q ~r Race Sex DOB Miles Fee Officer Attempts Log Date Time Server Notes Type Relationship CI`~~/ ~I~/^l~ Location ~ ! ~• ~i.Tl( (~1 Lt fl ( l--I~P 1~~~ Q Date Time Server Notes Notes: ~'A c~ { :.~ _.. A + G G Printed: Monday, November 02, 2009 Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT JAMES HEGEMAN Plaintiff/Petitioner, vs CITY CO~TNCIL OF IOWA CITY IOWA CITY OF IOWA CITY Defendant/Respondent, ,} Case Ob521 EQCV070796 WRIT ) Without Bond } (XXXXX ) ) ( ) With Bond in the ') amount of ( ) Mandamus ( ) Attachment ( ) possession (~jC;~.~~) Certiorari ( ) Replevin ( ) Habeus Corpus Other (Specify) ( ) Landlord's Attachment SEEXATTACHED ORDER TO THE SHERIFF OF JOHNSON YOU ARE COMMANDED TO ATTACH: ( ) Bank Account ( ( ) Body ( ( ) Crops ( Description (See attached court order) COUNTY: Personal Property Real Estate Other (Specify) LODEMA BERKLEY Date 11-02-09 CLERK, "11'OWA~DISTRIC~~Tc,~,~COURT Requested by: ROBERT HEGEMAN „ /~=~~`-,~,~~~~1~'`F' "~ gy : GG~~ RETURN OF SERVICE Fees -- Date Received Date Served Mileage Total ~'~_•~ Who Served Address Served ,,,., Sherif f •.1 By Deputy IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT JAMES HEGEMAN, Plaintiff, j No. EQCV070796 vs. CITY OF IOWA CITY AND THE CITY COUNCIL OF IOWA CITY, Defendant. It is hereby ORDERED that the Johnson County Clerk of Court issue a writ of certiorari under its seal. The Writ shall command the defendant(s) to certify to the Johnson County District Court a transcript of so much of defendants' records and pleadings as are complained of in the Petition or as may be pertinent thereto, together with the facts of the case, describing or referring to them or any of them with reasonable certainty. The defendants shall make the return at the Clerk of Court's Office for the Johnson County District Court on or before November 25, 2009. Dated this 2nd day of November 200 . L. VERN ROBINSON Senior Judge of the Sixth Judicial District State of Iowa I t- ~--o ~ S 4-~r.L-~~. t,:,.~ G .: _:. ;` _ ... _ _ -,~ •~ ~ ~ IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT JAMES HEGEMAN, Plaintiff, vs. CITY OF IOWA CITY AND THE CITY COUNCIL OF IOWA CITY, Defendant. Hearing was held on October 30, 2009. Robert Hegeman, Plaintff, appeared and represented himself without counsel. The City of Iowa City and City Council of Iowa City appeared by Attorney Sara Hektoen. Mr. Hegeman is challenging by way of certiorari the rezoning decision(s) in rezoning proposal REZ08-00011. The Petition For Writ of Certiorari was filed June 3, 2009. Included in the Petition was Plaintiff's Motion for a Stay. Typically, counsel for petitioners in certiorari actions will present the - petition to a judge with a proposed writ for the court's review and potential approval. In this case, unfortunately, the Petition was filed and the City answered. The matter of the stay did not come to the Court's attention until Mr. Hegeman filed a formal motion in a separate pleading on September 23, 2009. Since the City's rezoning decision, the developer has begun work on a large project, and considerable expense has been incurred by the developer who is not a party to this action. If the Court were inclined to issue a stay order, it would require the plaintiff to post a bond in the millions of dollars. The Court, however, is not issuing a stay. Given the work and expenditures by a nonparty, the Court concludes a stay is not appropriate. A trial-setting conference is scheduled for November 19, 2009. The Court determines that, in advance of the conference, the writ of certiorari should issue. The requirements of the writ will conform to Iowa Rule of rAcedure 1.1401. Dated this 2nd day of November 20 1~ ~~'~x a~.~-:ice ~~ G s :D t-~=~~-~- uE2~.. L. VERN ROBINSON Senior Judge of the Sixth Judicial District State of Iowa r "~; ^~~ In the District Court for Johnson County Robert James Hegeman, Plaintiff 1 ~;~~(,~V'J /U /fib vs. ) ml;e r'ity of Tn~,ra (' t i~ apCl the 1 PT~AlNT1FF' ~ RFQ~IF'S`I_ 3 City Council of Iowa City, ) FOR DOCUMENTS -~'O B~~;,~:, Defendants ) CERTIFIED __ ,? -~ ~ ~ ', Plaintiff requests that Defendants be ordered to make available the following documents in response to the -,' =~= ,n issuance of a writ of certiorari : = _, r~=~ 1. The original protest petition concerning REZ08-00011 delivered at the public hearing on or about March 10, 2009. 2. All portions of the official agendas, transcripts, minutes and voting results of City Council hearings and meetings pertaining to REZ08-00011 or ordinance 09-4336 for the following dates: February 24, March 10, March 24, April 6, April 20, and May 5, 2009. 3. Policies and procedures for handling protest petitions in rezoning matters, including any policies and procedures for calculating whether a protest petition meets the 200 threshold required by Iowa Code 414.5. 4. All documents, e-mails and calculations pertaining to whether the protest petition against REZ08-00011 filed at the March 10, 2009, City Council hearing met the 200 threshold of Iowa Code 414.5. 5_ All official notices between February 2.4, 2009 and April 6, 2009 pertaining to scheduling of a public hearing on REZ08-00011. 1 6. The earliest known document describing the final boundaries of the property in REZ08-000il as adopted in Ordinance No. 09-4336, including the earliest such document made available to the public. 7_ All conditional zoning agreements pertaining to REZ08- 00011 arrived at between February 24, 2009, and May 5, 2009. 8. A11 documents, notes, or emails made by any city employee or council member between March 10, 2009, and June 1, 2009, pertaining to the protest petition against REZ08- 00011 filed at the March 10, 2009, City Council hearing. 9. The protest petition concerning REZ08-00011 filed on about May 4, 2009. >'a -~ - ~- . .-. , ~~ Ro ert egeman 44 Tucson Place Iowa City, Iowa 52246 Roberthegeman@mchsi.com 391-338-5818 319-530-0553 (cell) 319-668-2491 (fax) - ~r:a _ ,_ - ~~ '~ - ~:. -~ ..__ ~_ _ ~. ~ y _. ~, --, ~~ -- `= r_,'S r•~. 2 MINUTES IP10 HUMAN RIGHTS COMMISSION PRELIMINARY October 20, 2009 - 6:00 PM LOBBY CONFERENCE ROOM, CITY HALL Members Present: Dianne Day, Dell Briggs, Corey Stoglin, Newman Abuissa, Yolanda Spears, Wangui Gathua, Martha Lubaroff. Members Absent: Eric Kusiak. Staff Present: Stefanie Bowers. Others Present: Libris Fidelis. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. CALL TO ORDER Chair Abuissa called the meeting to order at 18:00 p.m. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. CONSIDERATION OF THE MINUTES OF THE September 15, 2009 MEETING: Day moved to approve. Spears seconded. The motion passed 6-0. Lubaroff not present for vote. WELCOMING COMMUNITY No representatives from the Welcoming Community were present at the meeting. Bowers reported that she had not received any correspondence from them since the last meeting. BREAKFAST Bowers updated Commissioners on the program for the Breakfast. Lubaroff was designated as back up for both Day and Abuissa. PROGRAMMING 2009 Lubaroff updated Commissioners on National Hunger and Homelessness Week. During that week a fund drive will be held on November 14 and 15 and a resource fair will be held on November 18 at Gloria Dei. Lubaroff also reported on a Civil Society, which will be held in March 2010. REPORTS OF COMMISSION Day mentioned the Diversity Series that will be coming up in late October and November at the Senior Center. Gathua reported on her recent trip to a career fair. ADJOURNMENT Lubaroff moved to adjourn. Gathua seconded. The motion passed 5-0 at 18:45. Briggs and Stoglin not present for the vote. Human Rights Commission October 20, 2009 Page 2 of 2 Human Rights Commission ATTENDANCE RECORD 2009 (Meeting Date) NAME TERM EXP. 1/27 2/24 3/24 4/21 5/19 6/16 7121 8/18 9/15 1oi2o 11/17 12/15 Newman Abuissa 1/1/10 X X X X X O X O O X Kelli Shireen- Fleming 1/1/10 - - - - - O X X X R Eric Kusiak 1/1/10 O X X X X X X X O O Dell Briggs 1/1/11 X X X X O X X X X X Yolanda Spears 1/1/11 X X X O X X O O X X Corey Stoglin 111/11 O O O O O O O X X X Dianne Day 1/1/12 X X X X X X X X X X Wangui Gathua 1/1/12 X X X X X O P O X X Martha Lubaroff 1/1/12 O X X O O X X O X X Joy Kross 1/1/10 O O R R R R R R R X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting/No Quorum R =Resigned - = Not a Member ~ •i -ua-uy IP11 MINUTES PLANNING AND ZONING COMMISSION OCOTBER 12, 2009 - 6:00 PM -INFORMAL LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: CALL TO ORDER: PRELIMINARY Charlie Eastham, Ann Freerks, Michelle Payne, Wally Plahutnik, Elizabeth Koppes Tim Weitzel, Josh Busard Bob Miklo, Karen Howard, Sara Walz, Sarah Greenwood Hektoen, Christina Kuecker None The meeting was called to order at 6:00 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CODE AMENDMENT ITEMS: 1. Discussion of an amendment to the Zoning Code to allow flexibility in the type of fence required for Salvage Operations. The tape picks up when these discussions are already underway. Howard noted that the proposed change only gives flexibility if in areas where there is no visibility from public streets or rights of way; otherwise, S5 fencing is required. Plahutnik asked if the applicant was not aware of this from the outset. Howard and Miklo explained that there had been some confusion and some mixed messages were given to the applicant, but that the majority of their property still must be fenced to the S5 level. Miklo explained that if the amendment passed, the applicant would still have to go back to the Board of Adjustment and ask them to vary from their original order. Koppes said she had some concerns with the vagueness of the language. Howard explained that the standards in the code can be somewhat vaguer because the Board of Adjustment will be looking at each application on a case by case basis. Miklo noted that establishing another salvage yard would require Heavy Industrial (I-2) zoning, something which there is not a lot of, and a special exception, and so it is not going to be a use that is likely to occur very frequently. Planning and Zoning Commission October 12, 2009 -Informal Page 2 of 5 Freerks noted a phrase in the staff report that did not occur in the code language which she felt was important to the issue; the phrase was "and where nearby uses will not be harmed by a reduced requirement." Koppes said that phrase would be better in her opinion. Howard said that it could be added to the specific standards but that the general standards also addressed that concern. Payne said that to her there is a difference between the two statements. Howard explained that the Board of Adjustment always has the discretion to require more of an applicant in order to receive a special exception; this change would simply allow the Board to require less of an applicant if they deemed it appropriate. Eastham asked if there is a public view of the property; Staff said there was no accessible view to the portions of the property being discussed. Howard said the whole purpose of having a special exception is to allow for the flexibility of someone looking at a case on its own merits. The question is should the Commission allow the Board of Adjustment an opportunity to review a case and determine if the standard is reasonable. In this particular case, Howard said, the question would be whether 1,000 feet of solid 8-foot fencing for an area no one can get to or see was a reasonable requirement for the Board to vary from. Koppes and Eastham expressed discomfort with the vagueness of the language. Several Commissioners expressed a desire to see the language about nearby uses not being harmed by the reduced requirement included in the code. Howard reminded Commissioners that the matter would be looked at by the Board in all of its particulars. Eastham countered that if a use changed in a nearby property to make the salvage yard visible, then the City would have no recourse to go back and make the salvage yard fence the area if it had not been required to do so at the outset. Howard noted that the zone in question is the heavy industrial zone, and is almost by definition going to have neighboring properties that are equally unattractive. 2. Discussion of an amendment to the Zoning Code to correct problematic language that will make it easier to extend wheelchair ramps and stoops into setback areas for all types of buildings. Howard said that this is essentially a correction of an error, in which the language was inadvertently changed to say "dwelling unit" when it should in fact read "building." 3. Discussion of an amendment to the Zonina Code to clarify standards that apply to duplexes and single family attached dwellings in planned developments. Howard explained that planned developments are allowed flexibility with the types of uses found there. Howard explained that currently duplexes have been grouped in with the multi-family standards in the code concerning planned developments, which is not necessarily a good fit. Howard said that the code will essentially change so that each housing type will have its own standards within the planned development overlay. Howard said Staff is essentially attempting to clarify things. Howard said that planned developments allow for variance from dimensional requirements such as setbacks and height. It does not, however, allow the developer to vary from site development standards. Howard said that nevertheless, it is common for developers to request those kinds of variances. Howard said that the last paragraph is attempting to insert additional flexibility in the planned development. The additional language lays out what standards have to be met in order for requirements to be waived. Freerks asked if this could potentially be used to buy up property in a blighted area and put a bunch of duplexes where they normally would not be allowed. Freerks said she had concerns for older areas of town. Howard explained that there was currently a gray area regarding Planning and Zoning Commission October 12, 2009 -Informal Page 3 of 5 duplexes on non-corner lots. Plahutnik pointed out that in a planned development overlay the matter would still have to come before the Commission. Miklo said there are also very few planned developments in established neighborhoods because at least one acre of land is required. Plahutnik asked if there was a way to get a visual aid for Thursday outlining a planned development. Eastham asked if Staff felt that duplexes could not be allowed in RS-5 and RS-8 zones unless they were on corner lots in a planned development overlay. He said he was trying to establish if the language change would change the ability of developers to put duplexes on non-corner lots. Howard said that she believed without the language change it could be argued either way. Miklo said that the essence of the issue is that it gives Staff better ability to negotiate a planned development with the developer. She said that with this amendment it will make it clear that there must be a reason to vary from the underlying standards. Howard said essentially the language change says that 1) a good reason must be adequately demonstrated to vary from the underlying zone in the first place, and 2) additional standards above and beyond the zone must also be met. 5. Discussion of an amendment to the Zonina Code to specify that the amount of the Near Southside Neighborhood Parking Facility impact fee shall be adjusted annual) based on the national historical cost indexes contained m the most recent edition of the Engineering News Record rather than the Means Square Foot Costs Manual and to hold any negative chances to the cost index of the preceding near. Howard said this was just a change in the reference tool because the City does not have this manual. Eastham asked what the difference would have been over the last couple of years. Howard said she did not know. Eastham asked if the final sentence was new language and Howard said that it is. Howard said this is essentially a fee that developers pay in lieu of actually providing the required parking. This is a pretty good deal for the developer who then does not have to build the parking on site and might therefore be able to achieve a greater number of dwelling units on the site. 4. Discussion of an amendment to the Zoning Code to allow specialized educational facilities in the CI-1 Zone. This is an application that was submitted by Judy O'Donnell who wants to open a fencing school on First Avenue. When it was determined that her use was a specialized educational facility, O'Donnell asked for a review of the code to allow such uses in the CI-1 zone. Howard said that CI-1 zones vary greatly in different areas within the city, but that in general specialized educational facilities could fit into the zone, depending on the specific location of the use. Because of this, Staff recommends permitting the use by special exception. Eastham said he would like to see this use permitted in the CI-1 zone without the need for a special exception because he feels the use is very similar to indoor recreational uses permitted y the zone, and does not feel the additional time and modest expense involved in a special exception should be necessary. Miklo said there had been similar discussions held by Staff. Miklo said that he would advocate the need for a special exception because there are some pretty intense uses in some of the city's CI-1 zones. Miklo argued that there also needs to be a place in the city for CI-1 uses that don't have to worry about being the messy neighbor; placing a specialized educational facility next door to such a business could be problematic. Miklo said he would rather see indoor recreational uses require a special exception than specialized educational facilities not requiring one, if the goal was to equalize the two. Payne said that it could be argued that someone opening a business should have investigated the area enough to know Planning and Zoning Commission October 12, 2009 -Informal Page 4 of 5 whether or not their customers will be willing to come into the area; she said it should not require a Board of Adjustment review. Freerks said it is also about traffic and the time of day. Payne said that it could also be argued that a vocational training facility also requires a special exception. Howard said one of the purposes of the zone is to provide a place in the community for large land users that cannot fit into other zones. Koppes suggested a minimum square footage requirement rather than a specified use that triggered the special exception in the CI-1 zone. REZONING ITEM: REZ09-00007: Discussion of an application submitted by Arlington Development, Inc., for a rezoning from Interim Development Single-Family Residential (ID-RS) zone to Medium Density Single-Family Residential (RS-8) zone for approximately 7.91 acres of property located on Huntington Drive, west of Taft Avenue. The 45-day limitation period is October 9, 2009. Walz reminded Commissioners that Staff's concern with the proposal was the presence of double-fronting lots. Walz said Staff discourages double-fronting lots, particularly on arterial streets. The original plan had the road dead-ending into the single-family property to the north. The Northeast District Plan calls for single-loaded streets. Staff felt that where the developer had ended the road had no purpose; it neither opened up the area for future development to the north, nor provided views to the park. One of the Commissioners had asked if the road could be developable and continue on to the north rather than ending in a cul-de-sac. Walz said that Staff had issues with the plan provided by the developer which showed the street continuing on and meeting up with Taft. Walz said there is some question as to how developable the road is further north. Walz said that if Huntington is going to be athrough-street, it would also cut into the lot sizes. Staff would be more comfortable if the rezoning was not tied to a specific concept plan, but did have a requirement of 140-foot lot depth and a landscaping plan for the roadway after Taft is improved. Miklo said that it is likely that Staff will request a cul-de-sac design at the subdivision stage if a better design is not presented. Eastham asked if Thames really needs to connect to an arterial. Miklo said it is essential in his view. Koppes asked when Taft was to be improved. Miklo replied that it is not in a funded year of the CIP at this point. Koppes asked if there had been much public input. Walz said that there had not been much public input other than a few neighbors who had kept in touch with her on the issue. Eastham asked if Huntington would remain a cul-de-sac once it was built that way. Walz said it would. She said the Northeast District Plan had a U-shaped street, but that did not account for the existing property owner to the north. Walz said that Staff's intention had been for the street to curve sooner to allow for a different lot lay-out. The developer does not wish to curve the street before the lot-line. OTHER: Staff updated Commissioners on the draft Towncrest Urban Renewal Plan. Miklo advised Commissioners to mark their calendars for November 11th and 13th to meet with the consultants for the Gilbert Street/River Front area. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. PLANNING AND ZONING COMMISSION ATTENDANCE RECORD 2009 FORMAL MEETING NAME TERM EXPIRES 1/15 2/5 3/5 4/2 4/16 5/7 5121 6/18 7/16 8/20 9/3 9/17 BUSARD, JOSHUA 05/11 X X X X X X O/E X X X X X EASTHAM, CHARLIE 05/11 X X X X X X X O/E X X X X FREERKS, ANN 05/13 X X X X X O/E X X X X X X KOPPES, ELIZABETH 05/12 O/E X X X X X X X X X X O/E PAYNE, MICHELLE 05/10 X O/E X X X X X X X X O/E X PLAHUTNIK, WALLY 05/10 X X O/E X O/E X O/E X X X X O/E WEITZEL, TIM 05/13 X X X X X X X X X X X X INFORMAL MEETING NAME TERM EXPIRES 1/12 2/2 3/2 3130 7/13 10!12 BUSARD, JOSHUA 05/11 O/E X X X X O/E EASTHAM, CHARLIE 05/11 X X X X X X FREERKS, ANN 05/13 X X X X X X KOPPES, ELIZABETH 05/12 O/E X X X X X PAYNE, MICHELLE 05/10 X X X X X X PLAHUTNIK, WALLY 05/10 X X X X X X WEITZEL, TIM 05/13 O/E X X X O/E O/E KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting/No Quorum --- = Not a Member IP12 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION OCTOBER 15, 2009 - 7:00 PM -FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Tim Weitzel, Charlie Eastham, Michelle Payne, Elizabeth Koppes, Wally Plahutnik MEMBERS ABSENT: Josh Busard STAFF PRESENT: Bob Miklo, Sarah Walz, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Duane Musser, Florence Stockman, Dan Hilsman, Judy O'Donnell RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 (Busard absent) to approve REZ09-00007, a rezoning of 7.91 acres from Interim Development Single Family (ID-RS) zone to Medium Density Single family (RS-13) zone, for property located on Huntington Drive subject to a conditional zoning agreement requiring compliance with the following: 1. dedication of necessary land along Taft Avenue for right-of-way and construction easements to allow the improvement of the roadway; 2. Contribution toward the future costs of upgrading Taft Avenue to City standards, which contribution shall be 12.5% of construction costs; 3. Lots that double-front on Taft Avenue will be a minimum of 140 feet in depth; 4. Substantial compliance with the approved landscaping buffer area, which will include at least 50% evergreen plantings. The Commission voted to recommend approval of the following amendments to the Iowa City Zoning Code: 1. By a vote of 5-1 (Eastham voting no; Busard absent) the Commission recommends an amendment to the Zoning Code to allow flexibility in the type of fencing allowed for salvage yards as set out in the staff report, but also including additional language stating that flexibility is allowable where nearby uses will not be harmed by the reduced requirements. 2. By a 6-0 vote (Busard absent) the Commission recommends an amendment to the Zoning Code to allow specialized educational facilities in the CI-1 zone where such use will be functionally compatible with surrounding areas such that the health and safety of clients/students are not compromised, as outlined in the staff report. 3. By a 6-0 vote (Busard absent) the Commission recommends an amendment to the Zoning Code to correct problematic language that will make it easier to extend Planning and Zoning Commission October 15, 2009 -Formal Page 2 of 13 wheelchair ramps and stoops into setback areas for all types of buildings. 4. By a 6-0 vote (Busard absent) the Commission recommends an amendment to the Zoning Code clarifying provisions in article 14-3A Planned Development Overlay, as outlined in the staff report. 5. By a 6-0 vote (Busard absent) the Commission recommends an amendment to subsection 14-76-7 to indicate the use of the Engineering News Record rather than the Means Square Foot Costs Manual when determining the parking facility impact fee. CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM: REZ09-00007: Discussion of an application submitted by Arlington Development, Inc., for a rezoning from Interim Development Single-Family Residential (ID-RS) zone to Medium Density Single-Family Residential (RS-8) zone for approximately 7.91 acres of property located on Huntington Drive, west of Taft Avenue. The 45-day limitation period is October 9, 2009. Walz noted that the last time this application was discussed Staff had recommended that the applicant curve Huntington Drive rather than simply ending it at the north property line. Walz said one of the board members had asked the developer to come up with a concept plan for how such a road would serve properties to the north, keeping in mind that the Northeast District Plan calls for some single-loaded streets along the public park on the opposite side of the creek. The applicant drew up a concept plan. Walz said that Staff had reviewed the plan and found some problems with it. Staff is leaning toward a traditional cul-de-sac in that area, and so at this time Staff is not prepared to recommend a conditional zoning that is based on this specific concept plan. Staff would like to be able to review plans for Huntington at the platting stage because that would give Staff more information to determine if the plan could work. Walz said that transportation planners have been clear that the current concept plan showing Huntington Drive returning to Taft Avenue is not workable. She reiterated that Staff would not recommend tying the rezoning to a specific concept plan at this time. She said Staff does recommend the RS-8 zoning so long as the lots double-fronting between Huntington and Taft have a minimum depth of 140 feet. Staff has also spelled out conditions for the developer's contribution to the eventual improvement of Taft Avenue, as well as a landscape buffer to be put in once the improvements are made. The applicant has submitted a landscaping plan. Walz said the plan looks reasonable, though Staff recommend that 50% of the shrubbery consist of evergreen to provide ayear-round buffer. Walz offered to answer any questions the Commission might have. Koppes asked if permission from homeowners would be needed to install the landscaping plan Planning and Zoning Commission October 15, 2009 -Formal Page 3 of 13 since it would be done after the property was developed. Walz said the landscaping would be done within the construction easement. Miklo said the landscaping would be on the homeowners' private property, but that they would be aware when buying the lot that this landscaping would be put in place after Taft is built. Koppes asked what would happen if the homeowners did not want the landscaping. Miklo said he believed that because the landscaping would be a condition of the zoning, the homeowner would be required to accept the landscaping. Walz noted that if homeowners put their own landscaping in prior to the upgrading of Taft they would likely lose it once Taft is upgraded. Koppes asked if the homeowners would be able to remove the plantings at a later date. Miklo replied that technically they could not because the plantings were a condition of the rezoning, but that he doubted it would be strictly enforced. Payne asked if the owners would be required to replace plantings that died. Miklo said that they would technically be required to do so, but that enforcement would not likely by that stringent. Payne pointed out that the landscape buffer was there to buffer the property owner, so if the property owner failed to replace a tree it would only detract from their own enjoyment of the property. Eastham asked if the City would be paying for the installation of the landscaping after Taft Avenue is improved. Walz said it was the developer who would be paying for the landscaping in advance of the project. Miklo explained that when building permits are issued, the developer will have to put into escrow the money to pay for the landscape buffer; Miklo said this had been done in a few other cases where it was known there would be road improvement in the future. There were no further questions for Staff. Freerks opened the public hearing. Duane Musser, MMS Consultants, spoke on behalf of the developer. Musser pointed out that there was a slight chance that the landscaping buffer could be put in when the development was built, rather than waiting for Taft Avenue to be upgraded. Musser said that it depends on how the grades and elevations work out for future Taft Avenue; he said more investigation will be done on that with the City's Public Works Department during the construction plans phase. The Commission had no questions for Musser. Florence Stockman, 132 Eversoll Lane, said that her concern is about the park and the trail involved in the development. She said that she is specifically concerned about the lots that back onto the trail. Stockman said she has many questions about the trail, such as who will be putting the trail in and when. She said it has always concerned her that the homeowners will be responsible for the maintenance of the trail. Because there will be a lot of public access to the trails, she does not feel the maintenance of the trail should be the responsibility of the homeowners. Stockman said she felt the lots were somewhat small. Freerks asked Walz to point out the trail on the map. Walz did so and noted that the trail actually is a part of another subdivision, Stone Bridge Parts 6-9. Walz said the developer is required to build the trail but that there is a public access easement over the trail. Miklo said that the trail would, however, be maintained by the homeowners' association. Freerks pointed out that the trail in question is not actually a part of this development. Eastham noted that it will be the homeowners' association for Parts 6-9 that will be responsible for the trail, not the association for the area presently under consideration by the Commission. Freerks noted that the trail/park issue will be reviewed again at a later date when the planned development is considered as a whole. She informed Stockman that there would be another opportunity to come before the Commission to address her concerns. Planning and Zoning Commission October 15, 2009 -Formal Page 4 of 13 There were no further comments from the public and the public hearing was closed. Freerks called for a motion. Payne motioned to approve REZ09-00007, a rezoning of 7.91 acres from Interim Development Single Family (ID-RS) zone to Medium Density Single family (RS-8) zone, for property located on Huntington Drive subject to a conditional zoning agreement requiring compliance with the following: 5. The developer would be required to dedicate space along Taft Avenue for right-of- way and construction easements to allow the improvement of the roadway; 6. The developer would agree to contribute toward the future costs of upgrading Taft Avenue to City standards, which contribution shall be 12.5% of construction costs; 7. Lots that double-front on Taft Avenue will be a minimum of 140 feet in depth; 8. Substantial compliance with the approved landscaping buffer area, which will include at least 50% evergreen plantings. Eastham seconded. Freerks invited discussion. Eastham said he was generally in favor of this application. Eastham said he felt the application complied with the Comprehensive Plan in that the plan calls for somewhat smaller lots and denser development along arterial streets, which Taft Avenue is slated to become. Eastham said his difficulty with the development is what to do with Huntington as the area develops to the north. Eastham said that he hoped at the subdivision stage the cul-de-sac proposed by Staff might actually become some sort of roundabout that incorporates traffic from the north. He said that he understood that there is uncertainty given the unknown factor presented by the property owner to the north of Huntington, but he would like to preserve as many options as possible for the development of the area. Weitzel said he was not totally excited about a traditional cul-de-sac and would prefer to see something along the lines of Eastham's suggestion. He said that given the transportation engineers' concerns about the tie-in of Huntington to Taft Avenue, he also did not wish to see that done. Weitzel said it is a very tricky situation when one must work around a large existing lot. He said he was in favor of the proposed smaller lot sizes, and that he hopes that a good balance can be found. Freerks said she believed this could be a fine development in the end, and that more discussion was needed on the way it would be laid out. She said she was alright with the idea of a cul-de- sac because Huntington is a neighborhood street and not a major arterial. Freerks noted that there were drainage concerns to the north, and that it was possible that running Huntington all the way through might not be the best solution. Freerks said that it seemed to her the development has a lot of possibilities and a number of solutions and that she is in favor of it. There were no further comments and a vote was taken. On a 6-0 vote (Busard absent), the Commission voted to approve REZ09-00007. CODE AMENDMENT ITEMS: Planning and Zoning Commission October 15, 2009 -Formal Page 5 of 13 1. Discussion of an amendment to the Zoning Code to allow flexibility in the type of fence required for Salvage Operations. Howard explained that salvage yards are only allowed in heavy industrial zones. Salvage yards have large outdoor work and storage areas, and because of the potentially negative externalities associated with salvage yards, a special exception is required to establish one. Howard explained that the language in the special exception has a fairly set definition of the type of fencing required for salvage yards, and does not allow the Board of Adjustment much flexibility to adjust the type offence based on particular site conditions. The applicant who requested this change had a case in which there was some misunderstanding as to exactly what the Board of Adjustment had required for fencing and so had installed a fence that doesn't meet the requirement for a solid fence as stated in the code. The applicant wishes to allow flexibility in cases where screening the use may not be as important as it is in most cases, such as: in instances where there may be another salvage yard next door, or a storage facility, or a property that will not be developed in the future or is not visible to the public. Howard said that Staff is recommending adding language to allow the Board of Adjustment to approve other types of fencing (semi-opaque or open pattern fences) in certain situations, as outlined in the staff report. It was noted that even if the zoning code is amended the affected property owner will have to go back to the Board of Adjustment to request a change to their original order. Payne asked if language suggested in the informal meeting, "where nearby uses will not be harmed," had been added to the suggested code. Howard said she had not added that language, but that the Commission could do so in crafting their motion if they wished. Freerks opened the public hearing. Don Hilsman, Ace Auto Recyclers, spoke in favor of amending the language. He said that there had been some confusion in his attempts to comply with the fencing requirements for a salvage yard. He said that all other screening requirements of the special exception had been met or exceeded. Hilsman said that in his particular case, the property immediately to the north of his salvage yard was an existing salvage yard. On the east side of his property the old City landfill is located; a property unlikely ever to be developed. Hilsman owns the property to the south of Ace Auto Recyclers. Hilsman said that they would be happy to re-do the west fence to make it a solid fence two feet higher than the existing fence to make it less visible from Highway 218, per Staff request. There were no questions for Hilsman from the Commission, and no one else wished to speak to the matter. The public hearing was closed. Freerks called for a motion. Howard said that she would request Staff discretion as far as the best place to insert Payne's wording regarding "where nearby uses will not be harmed." Payne motioned to recommend an amendment to the Zoning Code to allow flexibility in the type of fencing allowed for salvage yards as set out in the staff report, but also Planning and Zoning Commission October 15, 2009 -Formal Page 6 of 13 including language stating that the flexibility is allowable where nearby uses will not be harmed by the reduced requirements. Plahutnik seconded. Eastham asked if Payne's motion meant that the additional wording would become subparagraph four in the staff report. Howard said she would advise against that, and would ask that Staff be allowed to incorporate this phrase into the code language in the most appropriate location to ensure it is a basic requirement of the exception. Eastham concurred. Eastham asked if the phrase "other public rights of way" in the proposed code clearly and definitively includes neighborhood trails. Howard said that it does. Howard noted that it is just after that phrase that she would suggest adding the language concerning nearby uses not being harmed. Eastham asked if the phrase would include trails that were planned for the future but did not yet exist. Miklo said that those are the kinds of things the Board of Adjustment would definitely take into account in granting or denying a special exception. Eastham said that while salvage operations are a valuable economic activity, their appearance can be somewhat unsightly. Screening such operations from the view of nearby property owners is for him a significant goal of the zoning code and the Comprehensive Plan. He said he is hesitant not to require S5 fencing around salvage yards in all cases, regardless of how unlikely it is the yard will be viewed. He said that the City has no way to go back twenty years from now and require screening in an existing zone if it was not required at the time of the salvage yard's establishment. He said that allowing exemptions could come back to haunt the City. Koppes said that she had the same concerns prior to the informal meeting, but that she felt comfortable changing the requirement if the language concerning nearby uses not being harmed was included. Koppes pointed out that if the operation wishes to enlarge at a later date then they will have to come up to the standards of the code - a process Ace Auto Recyclers is presently going through. She said that after seeing the site in question, the request seems reasonable. She also noted that there was not a danger of a large number of salvage yards being established throughout the city. Koppes said she had trust in Staff to make appropriate recommendations to the Board of Adjustment, and also trusts the Board of Adjustment's discretion. Howard pointed out that salvage operations are only allowed in heavy industrial zones, and that there is only a small amount of land in the community which is zoned heavy industrial. Plahutnik said that the purpose of the fencing requirement is for screening and that the Board of Adjustment will do their job to make sure screening requirements are met. He said that he had no problem with the change. Payne noted that the Board of Adjustment has very specific criteria for granting a special exception, and that Staff does a great job of presenting the facts to the Board. She said that typically the Board does a good job of scrutinizing things that come before them. Freerks said she was in favor of the change, and that she did not think the views in question would be harmed. A vote was taken and the motion passed 5-1 (Eastham voting no; Busard absent). The Commission moved to item #4 as the petitioner was present. Planning and Zoning Commission October 15, 2009 -Formal Page 7 of 13 4. Discussion of an amendment to the Zonina Code to allow specialized educational facilities in the CI-1 Zone. Howard explained that this was a code amendment where a specific request and an application had been received. Specialized educational facilities are schools that focus on non-academic, specialized training in trade, business, or commercial courses, as well as music, drama, and dance schools. Howard explained that the CI-1 zone was amended back in 2005 to try to eliminate uses that did not seem to fit in well with the zone; "schools of specialized instruction" was one of the uses disallowed at that time. The applicant has requested that the City re- examine that decision. Staff has closely analyzed the zone in light of the applicant's request. One of the purposes of this particular zone is reserving space in the community for businesses and recreational uses that are land intensive and require large outdoor areas, large indoor areas, or unusual building needs that other commercial areas cannot provide. Some of the allowable uses are large recreational uses orquasi-industrial uses that have large outdoor work areas and storage areas. The CI-1 zones in the city vary in nature by their location, Howard said, with some of them including businesses that specialize in repair of cars and trucks that have large outdoor work and storage areas and other areas contain small office uses or specialized services or recreational uses that are completely indoors, but that do not need the exposure to drive-by traffic along an arterial street. Howard said that Staff feels that specialized educational facilities could have a space in the CI-1 zone, and recommends that they be allowed by special exception. Howard said specialized educational facilities relate to the zone in at least two ways: 1) they can be land intensive uses with unusual interior space needs, and 2) they are uses that are destinations in and of themselves and may not need more visible retail commercial locations. Howard said that specialized educational uses are also similar to other uses allowed in the zone, such as fitness centers, health clubs, and gyms. If the schools provide office-type environments, that too would fit into the CI-1 zone. Howard outlined the specific criteria the Board of Adjustment would use to determine eligibility for the special exception: whether or not the use is functionally compatible with the surrounding zone such that the health and safety of the students is not compromised. Howard also made reference to the general approval criteria the Board of Adjustment must consider when granting a special exception as a means of further ensuring the use fits in with the surrounding area. Howard offered to answer questions from the Commission. Weitzel asked if it was correct that the special exception would be granted based on the uses in the area at the time the application for a special exception is made. Howard said that was correct. Payne asked if the special exception would be lost if at some point the building changed uses. Howard said that as long as the use was the same, the exception would remain in place. Once the use changes, the special exception is no longer in effect. There were no further questions and Freerks opened the public hearing. Judy O'Donnell, 16 South View Drive NE, said that she wants to open a fencing center to teach the sport of fencing in Iowa City. O'Donnell said the facility would be the first fencing school in the state of Iowa. O'Donnell said that finding a site that is large enough has been a problem for her, as a fencing strip requires 60 feet of length, and a fencing center would require several fencing strips. O'Donnell said that buildings of that length are very difficult to find, especially outside of the CI-1 zone. Planning and Zoning Commission October 15, 2009 -Formal Page 8 of 13 O'Donnell said that she did not really understand why this use should require a special exception once the zoning code is amended. She said the reasons cited in the staff report (such as nuisance concerns from noise, vibrations and dust) are things that any business owner would be looking at when trying to determine an appropriate business site. O'Donnell noted that a health club could open up a business in the CI-1 zone without a special exception, and the space that she requires is actually much smaller than a health club and would have less impact on the area. O'Donnell said a miniature golf course could also be opened up in the area without the need for a special exception. She said that people who are trying to run schools of specialized instruction are as capable as those operating health clubs and miniature golf courses in determining a site that is appropriate for their business and their clientele. O'Donnell said that the location of specialized educational facilities should be market driven, and should not require a special exception. O'Donnell said she would be happy to answer any questions the Commission might have. Eastham asked approximately how many square feet O'Donnell would require for her school. O'Donnell said she needed 5,000-6,000 square feet. There were no further questions for O'Donnell and Freerks invited a motion. Koppes motioned to approve the amendment to the Zoning Code to allow specialized educational facilities in the CI-1 zone as outlined in the staff report. Weitzel seconded. Koppes said she personally felt that this use should require a special exception in the CI-1 zone, but that she felt that indoor and outdoor recreational uses should also be reviewed at a later date to see if they too should require a special exception as they are similar in nature. Koppes said that given the size of the buildings required, allowing specialized educational facilities in the CI-1 makes sense, but that she thinks it also makes sense to have the Board of Adjustment review the matter on a case by case basis. Eastham said he too is supportive of adding specialized educational facilities to the CI-1 zone, but that he would like to see the use as a permitted use, without the need for a special exception. Eastham said that it is important to him when adding a requirement for land use that there is a clear and convincing reason for doing so. Eastham said that in his view specialized educational facilities are nearly indistinguishable from indoor recreational uses, which are a permissible use in the zone. Eastham motioned to amend the original motion to allow specialized educational facilities in the CI-1 zone without the need to seek a special exception. There was no second to the amendment and the amendment died. Plahutnik said he felt that since the Commission had members divided in two separate directions in terms of the need for a special exception, that it was probably a matter that should be discussed fully in an informal session at some point. Plahutnik said he agreed very much that specialized educational facilities were indistinguishable as a use from fitness centers, and joked that O'Donnell might consider changing the name of her facility to the Iowa Fencing Fitness Center to avoid the special exception process altogether. Plahutnik said that overall it was good to open the zone to educational facilities of all stripes, and thanked O'Donnell for Planning and Zoning Commission October 15, 2009 -Formal Page 9 of 13 bringing the matter to the Commission's attention. Weitzel said he felt that the city does a good job of making their CI-1 zones safe and pleasant, and does not find this use to be incompatible with the other uses in the CI-1 zone. He said that because it is not a permissible use in the zone presently, there is merit in having the use reviewed by the Board of Adjustment. Freerks said she felt Staff had done a good job outlining the issues involved, and she thanked O'Donnell for taking the time to find a place in this community where she could create a niche. Freerks said there is a lot of history behind why things are put into and taken out of the code, and that reviewing the code from time to time is useful. She said she agreed with Koppes that it could be a good idea to review indoor and outdoor recreational uses to see if they too should require a special exception. Freerks said she felt the amendment before the Commission was a reasonable compromise. A vote was taken and the motion passed on a 6-0 vote (Busard absent). 2. Discussion of an amendment to the Zoning Code to correct problematic language that will make it easier to extend wheelchair ramps and stoops into setback areas for all types of buildings. Howard said this amendment is intended to correct some language in the code. Howard said that the term "dwelling unit" in this section of the code should be changed to "building." There were no questions from the Commission. Freerks opened the public hearing. There were no members of the public present and the public hearing was closed. Eastham moved to approve a recommendation to adopt the proposed Zoning Code amendment intended to standardize setback requirements for wheelchair ramps and stoops. Koppes seconded. A vote was taken and the motion carried 6-0 (Busard absent). 3. Discussion of an amendment to the Zoning Code to clarify standards that apply to duplexes and single family attached dwellings in planned developments. Howard said that in the informal meeting Plahutnik had asked Staff to review where variation between duplexes and single family attached dwellings occur in planned developments. Howard said that planned developments allow for flexibility in dimensional requirements as well as in the uses that are allowed. This is in part intended to allow developers to be creative or to avoid sensitive features on the site. Howard said the process is set up to be flexible and accommodate a lot of different situations. Howard offered Lytham Condominiums as an example of what she was talking about. She said the property was infill development, and was difficult to develop, with its only access occurring in from a different jurisdiction. In the middle of the property is a large ravine with a lot of sensitive Planning and Zoning Commission October 15, 2009 -Formal Page 10 of 13 features. In this case, the developer was trying to mix some uses, create open space, and to avoid sensitive features on the site by clustering the development into duplex or attached single family units, with single detached family units providing a transition to the nearby neighborhood. Howard said that in this case the area could not be developed according to the standards of the zone, and so the property became a planned development. Even so, Howard said, in negotiating with the developer, Staff and the developer disagreed as to whether the buildings in question were duplexes or attached single family units, which have different standards and requirements. Howard said the additional language would make it more clear how to judge the difference between attached single family homes and duplexes. Howard said additional clarification will make it clear to developers in the future and should make the process of reviewing applications more straight-forward and efficient. The public hearing was opened; no members of the public were present and the public hearing was closed. Weitzel moved to approve the clarification of provisions in article 14-3A Planned Development Overlay Zone. Eastham seconded. Eastham noted that there was a very extensive and helpful discussion on this matter at the informal meeting. Eastham said that as he understood the matter, the ability to put duplexes in a planned development overlay in an RS-5 or RS-8 zone would not be changed, other than to clarify the standards for doing so. Howard said that was correct. In further discussions between Freerks and Howard regarding the proposed wording change, Freerks said she would hate for the change to result in any sort of moving away from single family homes in planned developments. Howard said that there simply has not been much planned development of any kind recently. She said that before the code was adopted, standards for attached single family were unworkable in some of the zones. Because attached homes were a desired housing type in the community, and because the only way to build them was through planned development, a lot of the planned developments did focus on attached zero-lot lines. In a way, Howard said, the RS-8 zone became the de facto attached single family zone. Freerks asked if it was correct then that not many single family detached homes were part of planned development overlays. Howard said that with single family homes people generally expect to own the land; planned developments keep the overall density in keeping with the underlying zone, while allowing for attached development. Koppes noted that there has to be a genuine justification for a planned development overlay, and it is reviewed by the Commission. Weitzel said it is an important tool to creatively address areas that are problematic to develop. Eastham asked if it is correct that current code says that planned developments can include townhomes if there is justification for them. Howard said that is correct, and read from the current planned development overlay section of the code. A vote was taken and the motion carried 6-0 (Busard absent). 5. Discussion of an amendment to the Zoning Code to specify that the amount of t_he Planning and Zoning Commission October 15, 2009 -Formal Page 11 of 13 Near Southside Neighborhood Parking Facility impact fee shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of the Engineering News Record rather than the Means Square Foot Costs Manual and to hold any negative changes to the cost index of the preceding near. Howard said this change to the code was initiated by the Housing Inspection Services (HIS) department. This is about adopting a readily available source manual to determine the appropriate rate for the parking facility impact fee in the Near Southside District. The manual that is currently listed in the ordinance is not one that the City receives on a regular basis. The Engineering News Record, however, is one that iswell-respected and is the one the City's Public Works Department uses on a regular basis. The public hearing was opened; no members of the public were present and the public hearing was closed. Payne motioned to approve the amendment to subsection 1476-7 to indicate the use of the Engineering News Record rather than the Means Square Foot Costs Manual when determining the parking facility impact fee. Koppes seconded. A vote was taken and the motion carried 6-0 (Busard absent). CONSIDERATION OF MEETING MINUTES: SEPTEMBER 3, 2009: Koppes motioned to approve the minutes. Weitzel seconded. The minutes were approved 6-0 (Busard absent). OTHER: Freerks advised Commissioners to check and see who was scheduled to attend the next City Council meeting. Miklo asked Commissioners to mark their calendars for November 11th and 13th. Early in the evening of those two dates some planning workshops will be held for the development of the Gilbert Street/River Front Corridor area. Miklo said that the City is considering calling this area the Riverfront Crossings District. The meetings will be held at the Johnson County Health and Human Services Building, and a letter with details will be sent at a later date. Miklo said that on the morning of November 12th the consultant will want to meet with the City Council and the Planning and Zoning Commission if possible. Howard said the exact agenda is still being hashed out by the consultants. ADJOURNMENT: Payne motioned to adjourn. Planning and Zoning Commission October 15, 2009 -Formal Page 12 of 13 Weitzel seconded. The meeting was adjourned on a 6-0 (Busard absent) vote at 8'07 p.m. PLANNING AND ZONING COMMISSION ATTENDANCE RECORD 2009 FORMAL MEETING NAME TERM EXPIRES 1/15 2/5 3/5 4/2 4/16 5/7 5/21 6/18 7/16 8120 9/3 9/17 10/15 BUSARD, JOSHUA 05/11 X X X X X X O/E X X X X X O/E EASTHAM, CHARLIE 05/11 X X X X X X X O/E X X X X X FREERKS, ANN 05/13 X X X X X O/E X X X X X X X KOPPES, ELIZABETH 05/12 O/E X X X X X X X X X X O/E X PAYNE, MICHELLE 05/10 X O/E X X X X X X X X O/E X X PLAHUTNIK, WALLY 05/10 X X O/E X O/E X O/E X X X X O/E X WEITZEL, TIM 05/13 X X X X X X X X X X X X X INFORMAL MEETING NAME TERM EXPIRES 1/12 2/2 312 3/30 7/13 10/12 BUSARD, JOSHUA 05/11 O/E X X X X O/E EASTHAM, CHARLIE 05/11 X X X X X X FREERKS, ANN 05/13 X X X X X X KOPPES, ELIZABETH 05/12 O/E X X X X X PAYNE, MICHELLE 05/10 X X X X X X PLAHUTNIK, WALLY 05/10 X X X X X X WEITZEL, TIM 05/13 O/E X X X O/E O/E KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting/No Quorum --- = Not a Member IP13 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT OCTOBER 14, 2009 - 5:00 PM EMMA J. HARVAT HALL MEMBERS PRESENT: Caroline Sheerin, Barbara Eckstein, Terry Hora, Will Jennings, Robert Anderson MEMBERS EXCUSED: None STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: Brian Ramirez, Kapesh Patel, David Bailie, Duane Musser RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chairperson Caroline Sheerin at 5:07 p.m. An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Eckstein, Sheerin, Jennings, Anderson and Hora were present. CONSIDERATION OF THE MINUTES FOR SEPTEMBER 9T" 2009: Sheerin offered corrections to the minutes. Jennings moved to approve the minutes as amended. Hora seconded. The motion carried 5-0. Iowa City Board of Adjustment October 14, 2009 Page 2 of 12 SPECIAL EXCEPTIONS: EXC09-00005: Discussion of an application submitted by AT&T Mobility for a special exception to allow construction of a 100-foot cell phone tower in a Community Commercial (CC-2) zone at 925 Highway 6 East. The tower would be located off Crosspark Avenue, behind the building that houses Tuesday Morning. Walz said that at the last meeting the Board had directed Staff to provide information on other towers in the area where AT&T might collocate, as well as more detailed coverage information on the US Cellular tower on Olympic Court and the MidAmerican towers near Kirkwood Community College. Walz explained that the MidAmerican towers fall outside of the half-mile radius that the special exception criteria require for possible collocation-this is why the towers were not identified by staff. Walz said that Staff is not aware of any towers within ahalf-mile radius of the proposed tower that would meet the provider's coverage requirements. Walz said that the Olympic Court tower was approved at 60 feet in height and the that City has no authority to go back and require a taller tower on their site to accommodate another carrier. Walz said that two representatives of the applicant were present to speak more fully to coverage issues. Sheerin invited the applicant to speak Brian Ramirez, an AT&T representative, said that he had brought a radio engineer to help the answer any issues the Board might have regarding coverage. Kapesh Patel, an AT&T radio engineer, gave apower-point presentation which demonstrated the differing coverage areas AT&T could get with towers of differing heights at the proposed location; the higher the tower, the greater the coverage area. Patel explained that the US Cellular tower on Olympic Court did not have adequate space or height for the needs AT&T was trying to meet with the proposed tower. Patel said that the MidAmerican towers are lower than the proposed AT&T tower, and are also very close to two AT&T cell sites where coverage is already adequate. Patel noted that there was an alternate location near the K-Mart site that had also been proposed by AT&T; it would offer similar coverage but would be problematic in that it is more visible and would require a fenced compound for equipment. Patel offered to answer any questions from the Board. Anderson said that his understanding was that Hora had expressed concerns at the last meeting about the number of towers in this neighborhood, and whether or not collocation was possible to avoid building a new tower. Anderson asked if AT&T was addressing this concern by making their proposed tower "collocate-able" for other providers looking to expand coverage in that community. Patel said that they are. Ramirez said that the FAA allowed a maximum height of 100 feet in that area, and that there will be four canisters inside the pole; AT&T will occupy the top two canisters. Patel explained that the structure will be a stealth monopole where the antennas are hidden inside a shrouded canister. Iowa City Board of Adjustment October 14, 2009 Page 3 of 12 Walz noted that the second choice mentioned by Patel did have the shortcomings described by Patel, but also had the advantage of being across the street from commercial property rather than residential. Patel noted that the second choice site provided close to the amount of coverage offered by the proposed site, but that the proposed site provided the best coverage. Jennings noted that if another provider wished to collocate on the tower, that provider would actually have to collocate at lower heights than the AT&T canisters. Jennings asked if the same situation would not then arise that made the US Cellular tower problematic for AT&T; while the tower may be 100 feet, the available canisters will be far less than that. Ramirez explained that even at the lowest level of thellpu apo oee.t Patel noted thabthe a sport sevlerely bestrpps how h gh 30 feet higher than the US C p a tower can be built in this area. Eckstein asked Greenwood Hektoen if there was anything in City code regulating the density of cell phone towers, or guidance to make a reasonable judgment about when coverage is good enough for a given area. Eckstein said she sees no way of controlling this process if there is no code addressing those issues. Greenwood Hektoen replied that the specific criterion requires that a new tower must be in an area that is not served by an existing tower. She said this is the way that density is presently controlled. Eckstein noted that there are a lot of different carriers. She said that in looking at coverage maps, the coverage refers to AT&T's coverage, not cell phone coverage as a whole. Patel said this was correct, and that the biggest boost from a new tower would come to coverage inside of buildings. Greenwood Hektoen stated that right now Eckstein's suggestion is not presently one of the criteria that the Board would be able to judge the application on. Walz said it is a struggle because there are competing interests within the criteria. She noted that the towers are to be constructed at the minimum height to provide service, but that the City also wants the greatest potential for co-location. She said that these towers are proliferating, but that she is not sure how that can be addressed because there are multiple providers. Walz said that the City Council was considering a code amendment that would allow cell phone towers in the ID-RS zone. This zone consists of areas that will be future residential zones, but are not presently zoned for development. Walz said the criteria for that special exception would require that the applicant demonstrate that the tower cannot be located in a commercial or industrial zone. Eckstein asked if it was within the purview of the City to have regulations on density of towers. Greenwood Hektoen said that it is regulated in non-specific ways, through the criteria of the special exception. Eckstein said that she believes the current code offers too little guidance and is not forward looking on this subject. She asked if it was within the purview of the Board to write a letter to Staff or the City Council saying that the Board feels there is not enough guidance in the current code. Greenwood Hektoen said that if the Board wished to amend the criteria for having cell phone towers then an amendment to the code would be required to do so; such amendments are generally initiated by City Council. Hora asked if Walz was contending in the staff report that the City did not have authority to require cell phone companies to co-locate on another company's towers. Walz clarified that what the City does not have the authority to do is to retroactively require US Cellular to allow their pole to be replaced by another company's pole in order to accommodate co-location. The City has already granted US Cellular the right to that pole and cannot now force them to change it. Hora asked if the City haanother tower toobe built eGreenwood Hektoen saidrthat the Board the future rather than allow Iowa City Board of Adjustment October 14, 2009 Page 4 of 12 would have the right to reject an application if there is another suitable pole upon which they can co-locate within ahalf-mile radius of their proposed site. There were no further questions for the applicant or Staff. Sheerin opened the public hearing, and asked if there was anyone present who wished to speak in favor of the application. Seeing no one, she asked if there was anyone wishing to speak in opposition to the application. Seeing no one, she opened the matter for Board discussion. Hora -said he was hoping that somewhere along the line the number of cell phone towers could be reduced because he feels the density ~ li ation aalt gresentu He said he was concterned about other option but to vote in favor of the app p the future and the tendency toward ever-increasing demands of technology. Sheerin noted that it was discussed in the last meeting that there should be no lighting on the tower. Hora and Eckstein agreed that lighting was unnecessary. Eckstein said that while their specific questions had been answered by AT&T's representatives, it was not really the place of those representatives to answer the larger questions. Jennings said he thinks this application raises a number of issues concerning technology and its advances. He noted that television antennas were also once ubiquitous eyesores in neighborhoods and now are all but obsolete. Jennings said that the provisions of the code do not address the idea of a receptive technology in the future that may influence whether these towers stay up or come down. He said the issue of continued review has not been resolved. However, he said he concurred that the application must be approved under the current constraints of the code. Sheerin called for a motion. Eckstein moved to approve special exception EXC09-00005, an application for a communication transmission facility in the CC2 zone located at 925 Highway 6 East, subject to the following conditions: compliance with the site plan and all specifications regarding the tower design and enclosure submitted as part of the application, including; the cell tower will have no lighting of any kind; the cell tower will be finished in galvanized grey to match other light poles in the area, or in another color to be approved by Staff; Jennings seconded. Sheerin closed the public hearing and invited the findings of fact. Jennings offered the findings of fact. He noted that in compliance with the specific standards, the proposed tower serves an area that cannot be served by an existing tower or industrial property, or b ttem ttsgo ute zeaex sting Itowerstor structu es with n oneh halpmlli a of the proposed documented a p Iowa City Board of Adjustment October 14, 2009 Page 5 of 12 tower. There are no existing towers or commercial structures in this area that are of sufficient height to meet the applicant's needs. Jennings said that the applicant has demonstrated that the proposed tower will be constructed in a manner that will camouflage the structure and reduce its visual impact on the area. The monopole design has no trusses, guide-wires, or strobe lighting, and the antennas are mounted within the pole. The proposed tower will be no taller than is necessary for its intended purpose, as is required by the specific standards. The applicant has provided coverage maps to demonstrate the varying coverage resulting from differing tower heights. The proposed tower will be set back at least equidistant from any residential zone as it is 102 feet from Cross Park Avenue. The specific standards require that adequate screening measures are taken for any equipment associated with the tower. In this case, condensing units will be screened by a privacy fence and all other associated equipment will be stored inside the building. There is a tall dense row of evergreen trees to additionally screen the area from residential properties. The applicant has indicated that there is no back-up generator associated with this site, which is compliance with the specific standards. There will be no strobe lighting on the tower. The design of tower accommodates at least two other users, as is required by the specific standards. If the use of the tower is discontinued, then the tower and its associated equipment must be removed no later than one year from the date of discontinued use; the applicant has readily agreed to comply with this requirement. Jennings stated the general standards for this special exception had also been met. Jennings said that the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare because the proposed tower is set back more than 100 feet from the property line and the associated equipment is screened by a privacy fence. The use will not be injurious to the enjoyment of property in the immediate vicinity and will not substantially diminish property values in the area because the setbacks and screening proposed for the tower are adequate. This special exception will not impede the normal orderly development of the area for uses permitted in the zone because of its inconspicuous design and the screening involved. Necessary access roads, drainage, and utilities have already been provided and no improvements are necessary; adequate electrical and phone service will be provided by the applicant. Egress and ingress is not affected by this proposed use as no additional traffic will be generated by the tower. This specific proposed exception conforms to all other standards of the zone in which it will be located and complies with the Comprehensive Plan. Eckstein noted that this tower will provide phone coverage for AT&T customers that would otherwise not be possible, but does not increase cell phone coverage in general. Hora said he hopes AT&T will encourage other providers to co-locate in their facility in the near future. Anderson said he would like to reiterate that the benefit from this tower will be for AT&T customers, and is not necessarily reflective of the absence of coverage by other providers. Sheerin added that the absence of lighting elements on the pole are important to her, and that providing cell phone coverage for AT&T customers is an important need in the community. A vote was taken and the motion carried 5-0. Iowa City Board of Adjustment October 14, 2009 Page 6 of 12 Sheerin declared tan do so withnr~h rty days after thetdec s on slfiled with theeCity C eekision to a court of record c Office. EXC09-00006: An application submitted by Hy-Vee, Inc. for a special exception for a drive-through facility located in the CC-2 (Community Commercial) zone at 1720 Waterfront Drive. Walz pointed out the location on a map. She noted that this change is part of a larger expansion of the Hy-Vee store. Walz noted changes in traffic patterns that would result from the expansion of the store, including an additional access point onto Boyrum Street. The special exception is for the new pharmacy drive-through, and takes into consideration the grocery pick-up lane. The drive-through for the pharmacy is in the outside lane and will be serviced by a pneumatic tube system. Walz walked the Board through the specific criteria for this special exception. She said that the number of drive-through lanes and stacking spaces will not be detrimental to adjacent residential properties because there are no residential properties in the area. The drive-through will not detract from or unduly disrupt pedestrian circulation or the commercial character of the area where the special exception is located. Walz said that safe and efficient pedestrian and vehicular access is required to promote compatibility with the surrounding development and that if the Board chooses to they can require: restricting the location of the drive-through to rear or side access; requiring directional signage; limiting the number of lanes and/or amount of paving; and limiting or prohibiting the use of loudspeakers. Walz pointed out two areas on the site plan where pedestrian connections to Boyrum are located. Staff had concerns that the original site plan showed only five-foot wide sidewalk in the area between the building and the drive-through lanes. Walz said that this area of town has a fair amount of pedestrian traffic and that there will be through foot-traffic and outdoor storage and display that could diminish sidewalk widths. The applicant has since proposed ten-foot sidewalk width, which satisfies Staff's concern. In terms of stacking spaces, Walz said that Hy-Vee has indicated that traffic is light in their drive-through areas, and that the stacking spaces laid out in the site plan are adequate. Walz said that the transportation system is capable of safely supporting the proposed use in addition to the existing uses already in the area. Walz said that there is not a concern with traffic stacking onto the public street. The drive-through will be set back well in excess of the required ten feet and the area will be screened to meet the S2 requirement, Walz said. Walz said that lighting for outdoor areas must comply with the outdoor lighting standards to prevent light trespass and glare onto neighboring properties. Walz said that all of the lighting plans are being reviewed by the building official; noting that lighting could be an appropriate condition of approval if the Board decided to approve the application. Walz outlined the general standards as well. She said that the specific proposed exception will not be injurious to the public health, safety, comfort or general welfare because broadening the Iowa City Board of Adjustment October 14, 2009 Page 7 of 12 sidewalks to a minimum of ten feet allows for greater safety. This specific exception will not be injurious to the enjoyment of immediate properties in the vicinity or substantially diminish or impair property values in the neighborhood. This is not a problem because the property is surrounded by other commercial uses. Walz said that the proposed exception will not impede the normal, orderly development of the surrounding areas in the zone in which it is located because it is surrounded by commercial uses. Also, the addition of an access point onto Boyrum will help to alleviate current traffic issues. Walz noted that curb cuts would have to be reviewed by the Public Works Department at the time of site plan review. Ingress and egress should be improved by the change in curb- cuts to the property. This proposed exception conforms to all other aspects of the zone in which it is to be located, Walz said. The site plan is currently under site plan review by the building official to ensure compliance with all other applicable code requirements. One area being carefully reviewed is pedestrian access throughout the site, and access to nearby streets. The proposed use is in conformance with the Comprehensive Plan. However, the Comprehensive Plan also strongly emphasizes pedestrian access. With the most recent changes to the site plan, Staff feels comfortable recommending approval with the following conditions: 1. Substantial compliance with the site plan; 2. Conditioned upon the approval for the larger building site plan. Walz invited questions from the Board. Eckstein asked where pedestrians come from when entering the property. Walz pointed out where the pedestrian paths would be located, as well as the bus routes. She noted that there will be pedestrian routes marked into the concrete that people can use. Walz clarified that the special exception really only concerns the areas contiguous with the drive-through and that other areas of the site plan would be reviewed by using the site development standards. Greenwood Hektoen attempted to clarify the sixth general standard: except for specific regulations to the exception being considered the specific proposed exception conforms to applicable regulations. She noted that the task is to determine if the proposed drive through complies, not the entire site plan. Anderson asked if it was correct that the Board would not be able to make a design recommendation as a condition of the special exception. Walz said that the Board could make a recommendation for changes if the recommendation is related to the drive-through. Jennings asked if cars exiting the drive-through area would be leaving straight out Boyrum. Walz said that they would. Walz said that the landscaping requirements may keep pedestrians from crossing the parking lot areas. Walz said that more would be known about how pedestrians access the site when it was determined if all the curb-cuts in the site plan would all be allowed. Sheerin asked the applicant to present the proposal Iowa City Board of Adjustment October 14, 2009 Page 8 of 12 David Bailie, Hy-Vee, Inc., West Des Moines, said he was present to answer any questions the Board may have. He said that Hy-Vee concurs with Staff and respectfully requests that the application be approved. Bailie said that this store is long overdue for a remodel, and that the pick-up and pharmacy areas are vital parts of the operation. Hora asked if Hy-Vee had considered putting the pharmacy drive-through at the east side of the building. Bailie said they had not. He said the design had been done a number of times at other stores, and that laying that much pneumatic tubing was not ideal. Hora said that he had asked because he thought having grocery pick up and pharmacy pick up under the same canopy was somewhat congested. Bailie said that there is not a great deal of traffic that goes through that area. He said the traffic that does go through comes to a complete stop and drives slowly and carefully. Bailie said there have not been any problems with this design in the past. Duane Musser, MMS Consultants, 1917 S. Gilbert Street, said that he would compare the Hy- Vee drive through design to that of some area banks where multiple lanes converge into one exit point. He said that it is rare to have several cars moving at once. He reiterated that there have not been problems with this design in other locations. Eckstein asked if there would be an ATM machine right outside or directly inside the building where the drive-through lanes are located. She said she was concerned about the possibility of a car parking for a period of time and further congesting the area. Musser said there is an ATM somewhere inside at the front of the store. He said the whole front of the store is clearly marked as a fire lane so there is no parking allowed there. Walz asked if there was any plan to place an ATM machine outside the store in that area. Musser said there are no plans for more ATMs than the ones presently there. Eckstein asked if cars coming into the parking lot from the east would be able to also exit from the east if they came made a U-turn to come through the pharmacy lane. Musser said it depended on the driver and the car they were driving. Sheerin asked how much traffic was generated by the pharmacy window. Bailie said that it was intended as a convenience, but that not much traffic is generated by it because most people also get some kind of grocery items as well. Sheerin asked if Bailie anticipated this design increasing the amount of traffic that goes through that area. Bailie said he did not believe it would function any differently than it does currently; there are currently two lanes, it is just that one of the lanes will be for pharmacy. Walz said that having two uses, a grocery use and a pharmacy use, is a change, and does imply an increase in traffic. Bailie said he believed that this design is actually safer than the current design as there will not be employees and carts weaving between lanes. Eckstein said she could be wrong about the demographics, but that she would assume the majority of people using the pharmacy drive-through are elderly or disabled. Bailie said that there are a variety of people, but that most often when people get to the store they want to pick up something other than their prescription. Sheerin opened the public hearing. There were no members of the public present who wished to speak to the issue. Sheerin invited Board discussion. Iowa City Board of Adjustment October 14, 2009 Page 9 of 12 Sheerin said she thought the design seemed congested and would add more cars to a small area. Anderson said he too felt it was somewhat congested. Eckstein said she was mystified by how this design could be an improvement over the current design. Greenwood Hektoen said that whether the design is an improvement or not is not one of the criteria the Board is to consider. Eckstein explained that if the Board is being asked to make a special exception to go from one use to two in this site she felt it was valid to question whether the improvement being achieved was worth the special exception. Sheerin said that she thinks of the discussion of "improvement" in terms of the general criteria concerning health, safety, comfort and general welfare of the public. She said if it is congested or creating a situation where people can be hit by cars, then she does not think that is in the public welfare. Hora said he thinks the design is great. He said that the pharmacy drive-through is a convenience Hy-Vee offers to the elderly, the disabled, and other people who struggle for one reason or another to walk into the store. Hora said the only concern he has is the merging of traffic into one lane to leave the property, but he said he did not think that was an issue the Board could control. Anderson said he can appreciate Hora's position. He said that he took issue with the idea that pneumatic tubes could not be employed if the pharmacy drive-through was moved to the other end of the store. He said the University of Iowa uses a pneumatic tube system to cover significantly farther distances than that presented by moving the pharmacy drive-through to the east end of the store. Musser explained that there is vast improvement between the proposed site plan and the current configuration of the store as far as ingress and egress to Boyrum, as well as general on- site traffic circulation. Musser said that there are two lanes of traffic at the drive-through currently, and so although one use is being changed, in reality, there will not be an increase in traffic lanes. Musser said he is not an expert with tubing systems, although he is familiar with the system used by the University. He said that he imagined face to face contact was of great importance when customers are dealing with illness and medicine, and that the customer comfort level will be higher seeing a person behind the window rather than simply talking into a microphone in a wall. Musser said Hy-Vee is trying to create a customer service experience, whereas the University is simply trying to get papers shot from one end of the hospital to the other. Musser said that he felt that Staff was supportive of their plans, and that they truly feel they have a greatly improved facility with the proposed plan. Sheerin asked to clarify that the Board is to look at only the drive-through facility, not access issues to Boyrum. Walz said that the Board is not necessarily deciding whether Hy-Vee can have adrive-through; they are deciding whether Hy-Vee can have this particular drive-through configuration. Bailie said he would like to add that Hy-Vee has been in the grocery store business for about 80 years now, and that the last thing they would ever do is design something that would cause concern for their customers or put them in danger. Bailie assured the Board that the design has been well-tested at other sites, and that it is safe and functional. Sheerin closed the public hearing. Iowa City Board of Adjustment October 14, 2009 Page 10 of 12 Hora moved to approve EXC09-00006, an application submitted by Hy-Vee, Inc. for a special exception for adrive-through facility for pharmacy and grocery pick up located in the CC-2 (Community Commercial) zone at 1720 Waterfront Drive. Anderson seconded. Hora led the findings of fact. He stated that the specific criteria requires that the number of drive-through lanes, stacking spaces and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area where it is located. Hora said there are an adequate number of stacking spaces and parking spaces for the drive-up pharmacy and the grocery pick-up. Hora noted that the lighting system will be reviewed by the building official to ensure that it is up to code. Hora said that the specific proposed exception will not be detrimental to or endanger the safety, comfort or general welfare of the public. He said the special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Hora said the site plan in general would improve the area. Hora stated that the establishment of the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone. Hora said the remodel and the drive-through will help to beautify the south side of town. Another general standard requires that adequate utilities, access roads, drainage and/or necessary facilities have been provided: Hora noted that they already exist in that area. Adequate measures have been taken to provide ingress or egress designed to minimize traffic congestion on public streets. Hora said that in taking the number of curb cuts down from six to a maximum of three the traffic flow and ingress/egress will be improved. Hora said that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Hora said that the proposed exception is consistent with the Comprehensive Plan as it is in line with the transportation goals that encourage pedestrian traffic and public transportation. Hora said that based on all that he stated he believes this is a good proposal and he will vote for it. Jennings asked for a point of clarification because he did not hear anything in the findings of fact regarding amplification systems. Walz said that issue had not been addressed in the staff report because there were no nearby residential neighborhoods to disturb. Eckstein said she wanted to be clear that the special exception is contingent upon the sidewalks having a minimum width of ten feet. Walz asked if she would like to amend the original motion. Greenwood Hektoen noted that the proposal had been revised to include that requirement so no amendment was necessary. Iowa City Board of Adjustment October 14, 2009 Page 11 of 12 Anderson said he felt the location of the pharmacy drive-through had largely been determined by the location of the interior pharmacy. Sheerin said she finds it persuasive that there is a need in the community for this drive-through pharmacy, and that she believes the applicant has carefully considered the safety implications for the community. She said that the ten-foot sidewalk is very important, and that it should be noted that traffic from the drive-through will not stack onto public streets. The proposed drive- through facility is set back more than the required ten feet from the property line. Eckstein said that she felt it was relative to add that there is no outside ATM machine in the area of the drive-through. A vote was taken and the motion carried 5-0. Sheerin declared the motion approved and stated that anyone wishing to appeal the decision to a court of record can do so within thirty days after the decision is filed with the City Clerk's Office. BOARD OF ADJUSTMENT INFORMATION: Walz noted that due to the Veteran's Day holiday on November 11th, the Board of Adjustment will hold its November meeting on November 12th at the Robert A Lee Community Recreation Center in Meeting Room A. Walz said that at this time there are no applications. Walz said she had sensed a lot of consternation with the cell phone tower criteria, and she wondered if there could be a brief discussion about things that Staff could do to clarify the matter. Greenwood Hektoen said that if there are no applications for next month, and educational meeting could be held to talk things out a bit. She noted that in terms of revising the ordinance itself, that would be a City Council matter. Walz said she was thinking about things such as how coverage charts are looked at, and how much coverage is a reasonable amount of coverage. Jennings said that one of his concerns is that there is potential for a broad demand for expansion. Eckstein said it is not really a site issue, rather one of coverage and consumer choice. Eckstein said that the information given to the Board is very partial information, and wondered if allowing one company a tower was in essence giving them a market advantage, and if so, must it then be extended to competitors as well. Greenwood Hektoen cautioned that these are philosophical issues that are also regulated by the federal government, and that the City has to steer clear of violating the Federal Communications Act. She said the current criteria are in compliance with that act. Walz and Greenwood Hektoen agreed that further discussions about purview and context might be useful. ADJOURNMENT: Jennings moved to adjourn. Eckstein seconded. Iowa City Board of Adjustment October 14, 2009 Page 12 of 12 The motion carried 5-0 and the meeting was adjourned at 6:48 p.m. IP14 Preliminary Minutes October 2009 Minutes Special Meeting of the Senior Center Commission Tuesday, October 27, 2009 US Bank; 204 E Washington Street Members Present: Jay Honohan, Sarah Maiers, Charlotte Walker, Merce Bem-Klug Members Absent: Chuck Felling, Nancy Wombacher, Michael Lensing Staff Present: Linda Kopping, Michelle Buhman, Susan Rogusky Others Present: TifflnyDohnston-Hines, Marcia Bollinger, Ed Carpenter, Dianne Day, Louis De Grazia, Karin Franklin, Janice Frey, Jean Reese, Ina Loewenberg, Kara Logsden, Cari Malone, Jean Martin, Mike Moran, Christine Scheetz, Linda Severson, Kristin Watson Discussion and review of Senior Center's: mission, vision, values, goals, and objectives lead to a consensus on the following. Mission The Mission of the Senior Center is to promote optimal aging among older adults by offering programs and services that promote wellness, socialization, community engagement, and intellectual growth. The Center serves the public through intergenerational programming and community outreach. Vision The Senior Center will be the communities' primary resource for the highest quality programs, services, and opportunities that promote optimal aging. Principles and Values The primary principle underlying Senior Center programming and services is that of optimal aging. i. Optimal aging is a broad concept that involves mare than physical health or the absence of disease. It is a comprehensive concept of wellness that encourages and extends an optimal balance of physical, intellectual, emotional, social, vocational, and spiritual health for each individual. Values represent the core priorities in an organization's culture and serve as the foundation for all that is done. The Center abides by the following values: i. Intrinsic worth: Every individual will be valued for their intrinsic worth ii. Experience: Life experiences of older adults are to be valued and shared iii. Capacity for growth: Everyone has alife-long capacity to grow and improve iv. Respect: All people and ideas will be treated with respect v. Inclusiveness: Decision-making will be inclusive of different view points vi. Excellence: All programs and services will strive for excellence vii. Collaboration: Engagement of and with the larger Johnson County community will sustain the Senior Center viii. Honesty: All communication will be honest and based on mutual trust. Goals 2010-2015 Goal 1 To provide opportunities and advocacy to empower seniors and create a positive image of aging in the community Objectives 1. Plan and implement one or more community events annually that promotes a positive image of aging. 2. Develop a campaign that challenges traditional views and stereotypes associated with aging. a. Produce one or more articlesNideos/nterviews twice a year that promote positive aging. b. Investigate the possibility for producing monthly updafes on Senior Center programming for local media outlets. c. Review and adjust the marketing plan annually to best reflect images of optimal aging. 3. Recognize individuals and group who highly promote optimal aging. a. Implement a partnership with Iowa City's Human Rights Commission to incorporate an outstanding senior award at the human rights bn~akfast. b. Plan a Senior Censer sponsored annual award to recognize groups or individuals who promote optimal aging. 4. Create aself-directed advocacy club to address senior issues. Goa12 To improve stability and diversity of financing. Objectives 1. Develop and implement a comprehensive fundraising plan to support operational expensive. a. Distribute a fundraising appeal to individuals included in a comprehensive mailing list. b. Seek out and create unique fundraising opportunities. c. Apply for new grant and reapply for existing grants annually. d. Investigate selling advertising space at the Senior Center and in the Program Guide. 2. Develop and implement a comprehensive plan to Senior Center Endowment and the Senior Center Charitable Gift Account. a. Establish friends of the Senior Cerrter organization. 3. Maintain fiscal responsibility and accountability in all financial transactions. a. Prepare an annual report on operational budget. b. Regularly review and evaluate the operational budget for possible reduction. c. Prepare and distribute annual report. d. Continue to comply with state and city budgetary guidelines. Goal 3 To increase the cultural diversity among participants and promote an environment of inclusion. Objectives 1. Review membership fee restrictions and policy. 2. Review demographics of participants. 3. Increase cultural competency of staff. a. Make available annual diversity trainings for staff` b. Encourage staff atterrdanoe of 2 or more culturally diverse events each year. ~4. Review process of program development. 5. Improve marketing to diverse populations. a. Partner with community organizations and diverse community leaders fo provide a wider range of cultural programs. 6. Reach out to community members who are under-represented among current senior center users. Goal 4 To be synonymous with the highest quality programs that promote optimal aging through development, implementation, and evaluation. Objectives: 1. Expand member input into programming and activities. a. Implement evaluation tools that measure outcomes from all programs. 2. Determine needs for additional programming. a. Develop non-member and member surveys to be handed out at specie! events off-site. 3. Use identified best practices and innovation to expand the scope of programming. a. Incnsase the number of academic programs offered in fhe areas of history, political science, and social studies. 4. Conduct formal and informal operational evaluations, no less then every 5 years, using the NCOA/NiSC guidelines for assessment. a. Research changing demographics is Johnson County b. Research changing needs for newly retired residenfs as compared to those of older generations. 5. Increase participation in all programs. 6. Offer multiple opportunities for informal socialization. a. Create conversation areas. b. Make it known that people can sit in the assembly room. c. Expand topic oriented discussion groups. d. Provide a facility that is welcoming, clean and safe. Goal 5 To involve the community in the Senior Center and the Senior Center in the Community. Objectives 1. Increase staff involvement on age related boards committees, and commissions. a. Encourage staff members to serve on 2 or more boards, commissions, committees, or task forces sponsored by outside agencies or organizations. 2. Expand collaborations with other senior agencies. a. Seek new and creative community partners. 3. Focus on programs that stimulate community involvement. a. Promote the use of meeting rooms by the community. b. Publicize the free Friday aRemoon movies. c. Host a quarterly benefits or events for community. 4. Highlight community partnerships on website. 5. Increase intergenerational programming. 6. Review and modify as needed lease agreements every three years. a. Establish timeline for review. b. Make lease modifications as needed. 7. Increase visibility of Senior Center website. a. Review content of website regularly. b. Change content and graphics on website regularly. 8. Develop a Senior Center volunteer speaker's bureau. a. Identify and train volunteers. b. Develop a schedule for speaking engagements. c. Support volunteers as needed. d. Evaluate outcomes from presentations in the community. 9. Repair sign outside the Senior Center. 10. Be a source of public information, community education, advocacy, and opportunities for older adults. a. Provide staff training in local and national aging resources. Goal 6 To improve operational effectiveness, accountability and transparency. Objectives 1. Allow for public feedback to Senior Center Staff. a. Utilize the suggestion box, and post responses to suggestions. 2. Publicize all Senior Center commissions, and committees. a. Inform membership of individuals who senre on commissions and committees. b. Inform membership how to contact individuals who serve on commissions and committees. c. Inform membership of goals and objectives for commissions and committees. 3. Complete a cost benefit analysis of collected fees. 4. Determine feasibility of extending Senior Center hours during FY12. a. Conduct an evaluation among members and non-members. b. Increase staffing (both volunteer and paid) to support the expansion of programs and hours of operation. 5. Provide staff the tools needed to do their jobs effectively. a. Provide physical materials needed. b. Provide education as needed. rP~s Board of Appeals 11 /2/2009 MINUTES PRELIMINARY IOWA CITY BOARD OF APPEALS MONDAY, NOVEMBER 2, 2009 LOBBY CONFERENCE ROOM, IOWA CITY CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Steve Buckman, Andrea French, Scott McDonough, Chad Campion STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Doug Boothroy (Director, Housing & Inspection Services), Sue Dulek (Asst. City Attorney), John Grier (Fire Marshall), Brian Greer (Fire Inspector), Norm Cate (Sr. Housing Inspector), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: Joan Tiemeyer (Iowa City Homebuilders Association), Dan Smith (Iowa City Chamber of Commerce), Glenn Siders (Southgate Development) RECOMMENDATIONS TO COUNCIL: Recommended by a unanimous vote (5-0) to proceed with the adoption of the 2009 International Building, Residential, Fire, Mechanical and Fuel Gas Codes and the 2009 Uniform Plumbing Codes with local amendments. CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:00 PM CONSIDERATION OF MINUTES: Minutes from the January 12, 2009 meeting were reviewed. Buckman moved to approve the minutes. McDonough seconded. Minutes were approved with a unanimous vote of 5~ 0 Discussion and possible recommendation to Council regarding adoption of the 2009 International Building, Residential, Fire, Mechanical, and Fuel Gas Codes and the 2009 Uniform Plumbing Code. Tim Hennes stated that staff was requesting review and adoption of the 2009 International building codes and the 2009 Uniform Plumbing Code with suggested local Board of Appeals 11 /2/2009 amendments to be effective, hopefully, January 1, 2010. Hennes stated that staff had worked with the Iowa City Homebuilder's Association and had obtained their support for the proposed amendments. He said that there were three major changes to be aware of. The 2009 International Residential Code is requiring all single family and duplex dwellings to be fully sprinkled. Most jurisdictions including the State of Iowa are amending the code to deal with the sprinkling issue differently. Hennes said that in working with the Fire Department and the Homebuilder's Association, staff felt they had come to a good solution by eliminating the requirement for sprinkling provided lightweight construction (such plywood I joists and trusses) are protected with half inch drywall. The second big change is that the 2009 IRC is requiring carbon monoxide detectors be installed outside of all sleeping areas. And the third major change is the requirement to add "visit-ability" standards to the code. There are eight standards proposed: interior doors be framed for future openings that would accommodate a 32 inch clear opening door, switches and outlets to be installed between 15" and 48" from the floor, electrical panels to be located so that the individual circuit breakers are between 15" and 54" from the floor, lavatory and water closet to be located on a level accessed from a designed no step entrance, wall reinforcement in bathrooms for future grab bars, one no step entry be designed into the project -not necessarily installed just designed so it could be added later, garages to be wired for an overhead door opener, and all exterior decks and patios that are served by the level accessed by the designed no step entrance be no less than 4" below the level of that entrance. The "visit-ability" section is entirely a local amendment. Roffman asked for any comments or questions on the 2009 IRC. Joan Tiemeyer thanked City staff for giving the Iowa City Homebuilders the opportunity to review the proposed amendments to the code so that an agreement could be reached that was amenable to all parties -especially the amendments concerning Universal Design standards and fire sprinkling. She said everyone worked well together. Doug Boothroy stated that he felt they had positive working relationship with the Homebuilders in drafting the amendments. A large difference in this code cycle concerning the "visit-ability" standards is that they are creating an adaptable situation so that Universal Design standards can be installed at a later date when needed. It creates a flexibility that everyone can agree on. Glenn Siders expressed that he had worked well with Hennes and Boothroy on the proposed amendments not as a representative of the Homebuilders but as a concerned builder. He felt that by turning the focus from required Universal Design features to "visit-ability" and adaptability, the costs for these features at the time of construction could be kept to minimum. Since there was no more discussion from the public or board members, Roffman requested a motion to adopt the 2009 International Residential Code as presented. MOTION: McDonough moved to recommend to the Council to proceed with adoption the 2009 International Residential Code with the proposed amendments. Campion seconded. VOTE: The motion was approved unanimously with a 5-0 vote. Hennes pointed out the 2009 International Building Code and amendments were intertwined with the 2009 IRC. He pointed out a few of the changes in the 2009 IBC. Corridor fire walls with acoustic ceilings are now required to be physically labeled every 30 feet above the ceiling with the fire wall rating in order to insure that the rating is maintained with future renovations. Handrails regulations within individual dwelling units in amulti-family building now are the same as in the 2009 IRC - a handrail is only 2 Board of Appeals 11 /2/2009 required on stairs with more than 3 risers. Guardrails are now required on decks if the grade 36" out from the edge of the deck is more than 30". MOTION: French moved to recommend to the Council to proceed with adoption of the 2009 International Building Code with the proposed amendments. Buckman seconded. VOTE: The motion was approved unanimously with a 5-0 vote. Hennes stated that there were very few changes in the 2009 Uniform Plumbing Code. Waterless urinals are now allowed and bonding is required for corrugated stainless steel tubing where it enters a house. French stated that the amendments were similar to those in the previous code. MOTION: Buckman moved to recommend to the Council to proceed with adoption of the 2009 Uniform Plumbing Code with the proposed amendments. French seconded. VOTE: The motion was approved unanimously with a 5-0 vote. Buckman asked what the City would do if the State of Iowa adopted the 2009 International Plumbing Code. Would the City have to adopt that code? Hennes said that he thought the State would first accept the 2009 IPC as an alternative so jurisdictions could decide which code they wanted to adopt. He was hopeful that eventually the two codes would merge. Hennes presented the few changes that were in the 2009 International Mechanical Code and the International Fuel Gas Code. Hennes said that there two notable changes: the code provides more clear direction on how to terminate the exhaust for Type II kitchen hoods. And because there are now so many different cooker types for commercial kitchens, the code simply classifies them into light, medium or heavy duty cooking appliances which should make it easier to determine what type of hood is required. MOTION: McDonough moved to recommend to the Council to proceed with the adoption of the 2009 International Mechanical Code and the 2009 International Fuel Gas Code. Campion seconded. VOTE: The motion was approved unanimously with a 5-0 vote. John Grier pointed out changes and new amendments to the 2009 International Fire Code. There are new requirements for biodiesel storage. Facilities now must ensure that the fire alarm will not be disabled when they develop a lock down plan. Facilities that are off of a public way will retroactively be required to post an ID or address sign for direction. A previous amendment has been replaced with code that ensures that fire fighters can communicate on the radios within a building. How often commercial kitchen appliances need to be cleaned is now covered in the code. Ambulatory health care facilities have been changed from an I (Institutional) occupancy to a Group B occupancy which affects when sprinkling is required. Required sprinkling in Group E occupancies (Educational) has been changed from facilities with 20,OOOsf or more to 12,OOOsf or more. Furniture stores that carry upholstered furniture are now required to be sprinkled. Also Group I-2 occupancies (hospitals, nursing homes etc.) will be required to retroactively install sprinkling systems if they do not currently have one. Roffman asked about the section that required sprinkling systems in single family homes to be installed per the NFPA 13D standard. He thought the requirement had been amended out. Grier explained that the sprinkling system isn't required but if one is voluntarily installed, it can be installed to that standard. 3 Board of Appeals 11 /2/2009 MOTION: McDonough moved to recommend to the Council to proceed with the adoption of the 2009 International Fire Code. Campion seconded. VOTE: The motion was approved unanimously with a 5-0 vote. OTHER BUSINESS: Hennes stated that Board was still short two members (electrical and mechanical) but that he was working to get applications for the positions. Buckman stated that his term was up 12/31/2009 and would be making a decision in the near future as to whether he would apply for another term. ADJOURNMENT: Roffman moved to adjourn the meeting. Buckman seconded. The meeting adjourned at 4:30 PM. 4 Board of Appeals Attendance Record NAME ' TERM EXPIRES 2006 !, I pr-09 May-09 Jun-09 ~' Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 A Jan-09 I Feb-09 Mar-09 ' -- _ __ _ ~ NM NM NM NM NM ' NM NM NM ~ NM _ Steve Buckman 12/31/2011 x ~ I ___ '___ x ______ Andrea French 12/31/2012 x i _ x i John Roffman 12/31/2007 x ~ ____ ~ _ i '~ x -_ AI Gerard ~ 12/31/2010 x __ _ _ Scott McDonough 12/31/2011 x x Chad Campion 12/31/2013 x _ ~ - KEY -- ~ X =present i -- ~__ ' O =absent ~ i O/E = absent/excused ' __- -- ' --- -- NM = No meeting __ ____ = not a member I I