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Home My WebLink About2003-08-19 Bd Comm minutes FINAL/APPROVED MINUTES IOWA CITY BOARD OF APPEALS MONDAY, DECEMBER 2, 2002, 4:00 P.M. LOBBY CONFERENCE ROOM IOWA CITY CIVIC CENTER, 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Gary Haman, Tim Fehr, Anna Buss, Wayne Maas MEMBERS ABSENT: Doug DuCharme STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker), Roger Jensen (Fire Marshall) OTHERS PRESENT: Dan Smith ( Chamber of Commerce) RECOMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:04 P.M. CONSIDERATION OF MINUTES: Minutes from the November 4, 2002 meeting were discussed. MOTION: Haman moved to accept the minutes. Buss seconded. Motion passed unopposed. Roffman noted that Tom Werderitsch had submitted a letter of resignation from the Board of Appeals effective immediately so the Board was short one member. Discussion, and possible recommendation to Council, re.qardin.q an amendment to the City Code Title 14, Entitled "Unified Development Code," Chapter 5, Entitled "Buildin.q and Housinq," Article M, Entitled "Appeals" to include a fire professional on the Board of Appeals. Hennes stated that one of the issues previously discussed concerning this proposal was the overall make up of the Board. Would this be the time to add other representative professions to the Board as well as a fire professional? Hennes said that it was the preference of Housing and Inspection Services to leave the Board as it is currently configured with seven members and with two of those members being "at-large" since it allows for greater flexibility in recruiting members and would give the Council opportunity to fill one of the at-large positions with a fire professional. Jensen stated that because of the fire code issues that come before the Board, there should be a permanent position set aside for a fire professional. Buss stated that the expertise of the fire department was available to the Board for those appeals and Jensen stated that was true but staff could not vote on those issues. He said it was important to have a person who could provide expertise and experience on fire code issues actually sitting on the Board. Jensen suggested that the Board keep one at-large position and make the other (and currently vacant) at-large position into a fire professional position. Buss said the Board should keep the two at-large positions and look for a fire professional to fill one of those positions. Jensen reiterated that it was important that the fire professional be a mandatory position since the Board routinely reviewed fire code issues. Haman asked if there was a pool of people in Iowa City who could qualify for a fire professional position. Jensen stated that were a number of people in private industry and at the University who could qualify. Roffman said that he was leaning to fill the currently vacant at-large position with a fire professional at this time and when that term is expired, the Board could look at the issue again. Smith stated that the Iowa City Homebuilder's Association was opposed to changing the make up of the Board either by adding more members or making a fire professional a mandatory position. They did not see a compelling need or justification to do so. Dulek stated that deadline for application for the currently vacant position was January 15, 2003 for approval at the January 21,2003 Council meeting. MOTION: Buss moved that the currently vacant at-large position remain an at- large position but that the Board indicate to the Council that they would prefer a candidate from the private sector who could qualify as a fire professional. Haman seconded. FURTHER DISCUSSION: Buss stated that she specified the private sector because candidates from the University or UIHC or the V.A. Hospital would not necessarily be as sensitive to cost issues as someone from the private sector. Haman asked if the Board member should be required to be a resident of Iowa City. The consensus was yes. Ream asked if the motion could be transferred as an actual recommendation to Council. Dulek said no. She said that a memo could be sent Council from the Board expressing their request but that the Council could fill the position with any candidate of their choice. The position will be advertised as an at-~arge position and the application would list all of the qualifications an applicant might have. VOTI=.. The motion passed unopposed 5-0. OTHER BUSINESS: Hennes explained that the Board had previously approved Experior testing for fire alarm and sprinkler licensing. Experior is discontinuing those tests but would continue them for one more year at the request of the City. Hennes said that Experior might change their mind if they saw the volume of testing change but the Board should be aware that a new test might have to be found. He stated also that the State of Iowa is also looking again at state licensing for these trades. Concerning Werderitsch's resignation, Roffman asked if anyone from the City sent out a letter of appreciation. Dulek said she would check into it. The first item on the January, 2003 meeting will be to elect a new chairman and vice-chairman for the Board. Maas asked for clarification on when NICET level III was going to be required for designs of fire alarm systems. Jensen said staff policy had determined that NICET level III would be required for the design of fire alarm systems as of January 1,2003. Discussion occurred concerning how fire alarm and sprinkler plans were being routed and reviewed and how inspections would be scheduled. The next meeting was set for January 6, 2003 at 4:00 P.M. ADJOURNMENT: Haman moved to adjourn the meeting. Buss seconded. The meeting was adjourned at 4:45 P.M. John Roffman, Board of Appeals Chairperson Date DRAFT MINUTES IOWA CITY BOARD OF APPEALS MONDAY, AUGUST 4, 2003, 4:00 P.M. LOBBY CONFERENCE ROOM IOWA CITY CIVIC CENTER, 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Gary Haman, Tim Fehr, Anna Buss, Steve Buckman, Wayne Maas MEMBERS ABSENT: Doug DuCharme STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker), Pat Hansen (Electrical Inspector), Bernie Osvald (Plumbing Inspector), Roger Jensen (Fire Marshall - arrives at 4:30) OTHERS PRESENT: Lee Klinkenborg, John Klinkenborg, Tara Klinkenborg (1521 Prairie Du Chien) Sally Blackmon (1026 Washington Street) RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:05 P.M. ELECTION OF OFFICERS: Officer selection was discussed MOTION: Haman moved that John Roffman continue as Chairperson and Wayne Maas be Vice- Chairperson. Buss seconded. Motion passed unopposed. CONSIDERATION OF MINUTES: Minutes from the December 2, 2002 were discussed. MOTION: Haman moved to accept the minutes. Buss seconded. Motion passed unopposed. Appeal the decision of the Bu din,q Official because of incorrect interpretation of the code. (1521 Prairie Du Chien Road) DRAFT Hennes explained that the adopted codes of Iowa City (2000 Uniform Plumbing Code and the 1999 National Electrical Code) require that plumbing and electrical work done in Iowa City be performed by licensed contractors. There are sections of these codes that allow for permits to be issued and work performed by home owners. Klinkenborg stated that these permits had been issued to him and then revoked by the City. Hennes said that permits were not revoked. There were three actual building permits issued for the work being done. The permit issued on 10/10/2002 included the fees for the electrical, plumbing and mechanical permits. Hennes stated that Klinkenborg assumed that permits for the electrical, plumbing and mechanical work had been issued and that this was the case - the permits had been issued. However, the issuance of the permits did not negate the requirement that the plumbing and electrical work be done by licensed contractors when a home is not owner occupied. Roffman asked if the property was owner occupied. Hennes stated that it was the City's determination that it was not owner occupied. Klinkenborg said that it was owner occupied at the time the permits were issued but because of the scope of the work being done at the property, it is not occupied by him at the present time. Photographs were circulated showing the present state of the house. Hennes said the City determined that the property could not have ever been owner occupied because it has not met the minimum requirements of the housing code for some time. He said that the property was purchased in February, 2002 by Klinkenbor9. The electrical meter was removed in June of 2003 but there had been no usage at the property since August, 2001. The water meter was removed in January of 2001. Since there were no basic utilities being supplied or used at the property since before the current owner, the property could not be legally occupied. Klinkenborg asked if the owner was ever notified. Hennes replied that the previous owner was the person who had requested that the water meter not be removed and the water account had never been re-activated. He said that the lack of these essential services would preclude the property from being owner occupied per the Iowa City housing code. Klinkenborg stated that that information was never communicated to him. Klinkenborg requested that the codes be read into the record. He proceeded to read code section 14-5C-23 that states an owner of an owner occupied dwelling is permitted to do his own work and because he had never been informed of the requirement for essential services and a certificate of occupancy had not been revoked for the property, then he met the definition of an owner occupied property. Hennes disagreed. He stated that it was unclear if a certificate of occupancy was ever issued. Hansen added that the homeowner had not taken or passed the required homeowners electrical exam in order to do the work even if it was an owner occupied property. Klinkenborg said he was not made aware of the requirement but he was sure he could pass the test. Hansen said the test is not given after the work has commenced. By removing the electrical service to the house, work had commenced. Klinkenborg wondered why none of this information surfaced until eight months after the issuance of the building permit. Hennes replied that the building inspection department had not been called out to the job site except for a footing inspection until that time. When the work was inspected, the problem of DRAFT licensing was discovered and the owner was notified then of the requirements. Hermes also stated that during that inspection, he asked the owner's brother who was there at the job site who was actually doing the plumbing. The brother replied that the father had done the work. Hennes reiterated that the permits were not revoked at that time; rather, the inspection card stated that the plumbing and electrical work would have to be done by a licensed contractor. Hennes reminded the Board of the language of the code that specifies that even on an owner occupied property, the work must be done by the owner himself. Buss asked about the extensiveness of the remodel and if they had inquired of the City what all of requirements for a project of that type would be. Klinkenborg replied that his father had picked the permit and asked that question. It was his understanding that they would be able to do the work. Hennes repeated that permits could be issued to the property owner but the work must still be preformed by a licensed contractor. Buss asked if a certificate of occupancy had ever been issued to the property. Hennes did not know for sure but considering when the house was built, he would guess that there was never a C.O. He explained as a matter of practice, C.O.'s were not revoked because it would be assumed that a remodel would bring the dwelling back to occupancy standards. Haman asked Klinkenborg if he was actually living in the house without essential services. Klinkenborg said that he would stay in the house on weekends. Henries emphasized that the question to be determined by the Board was if licensed contractors were required to do the work at this project. Klinkenborg told the Board that he does intend to live at the house and if he had to pay licensed contractors to do the work, it would have a significant impact on the project. He felt that he was doing the right kind of job and bringing the house up to the standards of the neighborhood. Buckman stated that it is obvious that the house is not occupied now and could not have been occupied in the past since it did not have working plumbing. Buckman asked that if someone moved into a house now that did not have water or electrical service, would they be evicted. Hennes said that if the City was made aware of the situation, they would pursue vacating the house. Klinkenborg wondered why he had not been told of these requirements. Henries said that the City did not know he was occupying a house without essential services. Haman stated that a dwelling being illegally occupied does not constitute an owner occupied dwelling. Haman said he could not see how the work could be done by the owner if it was not owner occupied. MOTION: Haman moved that since the dwelling could not have been legally occupied by the current owner, then he could not do the plumbing or electrical work in this dwelling and that the interpretation of the Building official that licensed contractors will be required to do the work is correct. Maas seconded. DISCUSSION: Roffman said that he did not feel the Board had any authority to override this requirement. There were no more comments. VOTE: The Board voted 6-0 to deny the appeal. DRAFT Klinkenborg asked who staffed the Board and organized the meetings. Hennes stated that as the secretary of the Board, he fulfilled that function. Klinkenborg wanted to make sure that it was a matter of record that the official whose interpretation he was appealing staffed the Board. Ream clarified that Hennes did not pick or appoint the Board members - that the appointment of Board members was function of City Council. Appeal of the decision of the Buildin.q Official because there are practical difficulties involved in carryin.q out the provisions of the code. (1026 Washin,clton St.). Tim explained that the 2000 Uniform Plumbing Code specifies required clearances between plumbing fixtures and the clearances in a proposed bathroom at 1026 Washington Street could not be met because of the size of the bathroom. Osvald had reviewed the proposal with the homeowner at the site and determined that the required clear space in front of the stool would go within an inch of the shower. This would leave no room for the lavatory. Haman stated that if the lavatory was eliminated, then she would meet the clearances. Osvald concurred but stated that the presence of a lavatory was also required by code. Buss asked if there was another bathroom in the house. Osvald stated that there was a bathroom on the second floor but because of health reasons, the owner needed a bathroom on the ground level. Fehr asked if the lavatory had to be in the bathroom and if it could be just outside the bathroom. Osvald said it could be just outside but there is a problem with that since the kitchen is adjacent. He said that the code specifies that a kitchen sink could not be used because of sanitation issues. Discussion occurred concerning where the sink could be placed outside the bathroom. Buckman asked if the sink could be dropped into an island counter. Blackmon said that it might be possible but there were cabinets there. She stated that she was asking for a variance from the code since she really needed a bathroom on the first floor for health reasons and a major renovation of the 1st floor floor plan would significantly alter the traditional layout of a property in a conservation district. More discussion occurred about where the lavatory could be placed. Hennes stated that appeal was to prove there are practical difficulities in meeting the code and that there would appear to other options open to the homeowner such as putting the sink in the island counter just out the bathroom. Roffman stated that it wasn't the function of Board to solve the design problem of where the lavatory could go. The question before the Board was if there were practical difficulities or if there were other practical options. Blackmon stated that she believed there were practical difficulties. Roffman asked for a motion. MOTION: Haman moved that the appeal be denied because there were not practical difficulties and other options were available to the homeowner. Buss seconded. VOTE: The Board voted 6-0 to deny the appeal. DRAFT Review of Bylaw revisons: Dulek pointed out the revisions that were being proposed in Article V and VII. Buckman asked if the required time frame for notification should be the same for all actions of the Board not just bylaw amendments. The Board agreed that the minimum time frame should be consistent and it should be three days except for notification of amendments to the by-laws which should be set at 14 days. MOTION: Buss moved that the proposed changes to the bylaws as amended be approved. Haman seconded. VOTE: The Boarded voted 6-0 to approve the changes to the bylaws. OTHER BUSINESS: The next meeting date was set for September 8, 2003 if there was an appeal. Some discussion occurred about what could done to clarify permitting and licensing issues for homeowners. Buss asked about what was occurring with 426 Bayard and the condemnation process. Dulek stated that the condemnation sheriffs jury was set for August 26th. Dulek also informed the Board that the State Supreme Court had ruled in favor of the City in that the City had jurisdiction in handicap accessilbilty issues not the State board. ADJOURNMENT: Haman moved to adjourn the meeting. Buss seconded. The meeting was adjourned at 5:30 P.M. City of Iowa City MEMORANDUM TO: City Council FROM: Susan Dulek, Ass't. City Attorney~,~ DATE: August 11, 2003 RE: Proposed Amendments to Bylaws for the Board of Appeals Attached please find copies of the following: 1. Proposed changes to the bylaws for the Board of Appeals (Board); and 2. Draft minutes from the Board's August 4, 2003 meeting. As the minutes indicate, the Board has approved these changes, which are summarized below. Article I-Section 4. This change makes this provision consistent with Article IV-Section 1. Article V. When the Building, Mechanical, and Plumbing Codes were amended by City Ordinance last year, a new appeals section was enacted in Ordinance No. 02-4038 to provide the same appeals process for all the codes regulating building and construction. The appeals process is codified at Iowa City City Code Section 14-5M-2, and the proposed changes make the bylaws consistent with 14-5M-2 Article VII. Given that the Board was amending its bylaws, I suggested a new provision requiring a minimum amount of notice to bylaws changes in the future. A provision of this type is not required, but it is common in bylaws and a good pro~{ision in my opinion. The Board discussed the time-frame at the August 4 meeting and decided on 14 days. Copy to: Board of Appeals Marian K. Karr Tim Hennes BY-LAWS IOWA CITY BOARD OF APPEALS ARTICLE I. MEETINGS Section 1. Re.qular Meetin,qs. Regular meetings of this Board shall be held on the first Monday of each month. Section 2. Special Meetin.qs. Special meetings of the members may be called by the Chairperson or the Building Official. Section 3. Place of Meetin,qs. Regular meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meetin.q. Notice and agenda for all regular meetings shall be distributed to all Board members and the press. Notice to all members and to the media shall be at least 24 hc'~rs three (3) days before a meeting is held including special meetings. All notice requirements and meetings shall conform to the provisions of the Statelowa Q_open Mmeetings l=]aw. Section 5, Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Board of Appeals shall consist of seven (7) members. All Board members must be eligible electors of Iowa City but not regular employees of the City. The Board shall include at least one licensed electrician, one licensed plumber, one HVAC professional, one representative from the Home Builders Association of Iowa City, and one building design professional The remaining members shall be qualified by experience and training to pass on matters pertaining to building construction. All members of the Board shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Buildin.q Official. The Building Official shall be an ex officio member and shall act as secretary to the Board, but shall have no vote on any matters before the Board. Section 3. Nomination. The City Council shall appoint members to the Board as vacancies Occur. Section 4. Terms. Terms of membership shall be five years, commencing January 1. Members may serve for more than one term. Section 5. Absences. Three consecutive unexplained absences of a Board member may result in the Board's recommendation to the City Council to remove the member from the Board, and to appoint a new member. Section 6. Resi,qnations & Vacancies. If any member is no longer willing or able to serve on the Board, the member shall send a letter of resignation to the City Council. Vacancies occurring in the Board, other than by expiration of term of office, shall be filled for the unexpired term unless the remainder of the term is six months or less in which case a replacement would be appointed for the remainder of the unexpired term plus one full term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, and each shall be elected by members of the Board. Section 2. Election and Term of Office. The officers of this Board shall be elected annually at the first regular meeting of each calendar year. Section 3..Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chairperson's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to all the restrictions of those resting with the Chairperson. ARTICLE IV. CONDUCT OF BOARD AFFAIRS Section 1. A,qenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular Board meetings. Agendas are to be sent to Board members and the media at least three days prior to the regular meetings. Section 2. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Board members, and approved by the Board and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 3. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 4. Attendance at Council Meetings. The Board Chairperson or designated representatives are to be in attendance at City Council meetings, including informal sessions, when necessary to discuss, present, or explain matters pertaining to the domain of the Board's responsibilities. The Board Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Board business. Section 5. Annual Report. An annual report, detailing the activities of the Board, shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council at the end of each fiscal year. ARTICLE V. DUTIES AND AUTHORITY Section 1. Duties. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the City staff relative to the application and interpretation of the Iowa City Building, Electrical, Mechanical, Plumbing, Dangerous Buildings, Fire and Housing Codes as authorized by City ordinance .................... Tho ~'~"~, - ~'~""., -,~v"~" , ~,v-, ...... ,;'~ ..... 3,,-'~ .... '~'";'~v, ...... .,~v,, ~.,,.. .... ~"~'~ by *"~ ''~ ...... *~""~'~ ~"~'~ The Board shall also review each new edition of the model codes and prepare and recommend any local amendments to City Council for adoption. Section 2. eals. All appeals ...... ,~ c ............. shall be filed, heard, and decided as provided by City ordinance. ~ ...... ""~'~'~ tc ~'~'~ ....m,, ~,~,~ Hearings shall be held within thirty (30) days of the receipt of a the ,~,~, ....... applicant and the chairperson agree to a written appeal or request, unless both .... "'~-* or continuance. Section 3. Decisions. The decisions of the Board shall be in writing and shall state the reason or reasons fo'r the decision. The decisions of the Board of Appeals are the final decisions of the City. Section 4. Limitations of Authority. The Board shall have no authority relative te-the ~""-'~ ~' ........... '~ tc .... ~ ....... m ...... ~ ..... *~ cf to the Building, Electrical, Plumbing, Mechanical, Dangerous Buildings, Housing, or Fire Codes, except as provided by City ordinance. ARTICLE VI. FEES Section 1. Fees for appeals and proposals for alternate materials and methods of construction shall be set by resolution of City Council. Fees may be waived following request by the applicant if the Board determines that the outcome of the hearing does not provide compensating financial relief to the applicant and refunding of the fee is in the best interest of fairness and justice. ARTICLE VII. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Written notice of the proposed amendment shall be provided to Board members at least two (2) weeks prior to the meetin.q at which the proposed amendment appears on the agenda. The notice shall include the .qeneral character of proposed amendment. Upon approval by the City Council, such by-laws shall take force and effect. Section 2. All previous bylaws are repealed. Board Chair Date City of Iowa City MEMORANDUM Date: August 19, 2003 To: Mayor and City Council From: Marian K. Kart, City Clerk Re: Meeting Schedule for Board of Appeals Council Member Kanner questioned the meeting schedule for the Board of Appeals. In 2002 they met the following dates: January 7 January 22 February 4 March 18 April 1 April 15 May 6 May 20 June 3 June 11 August 5 September 17 November 4 December 2 They did not meet again until August 4, 2003. MINUTES I NAr,/AP P ROVED PARKS AND RECREATION COMMISSION JULY 9, 2003 MEMBERS PRESENT: Kevin Boyd, Judith Klink, Margaret Loomer, Nancy Ostrognai, Matt Pacha, Sarah Walz, John Westefeld MEMBERS ABSENT: Craig Gustaveson, A1 Stroh STAFF PRESENT: Matt Eidahl, Mike Moran, Terry Robinson, Terry Tmeblood FORMAL ACTION TAKEN Moved by Ostrognai, seconded by Westefeld~ to approve the June 11~ 2003 minutes as written. Unanimous. BUDGET REDUCTION UPDATE The department needs to reduce its work force by two. Tmeblood reported Recreation's Clerk Typist has announced her retirement for the middle of next month. As a result, the position most likely to be eliminated is the Mercer Park Aquatic Center/Scanlon Gym Clerk Typist position. Tmeblood noted staff would like to continue registrations at the MPAC/Scanlon, with the Clerk Typist splitting her time between the two facilities or by utilizing temporary staff. Other budget reductions include discontinuing the mass mailing of the department's brochure, increasing the cemetery and park shelter fees prior to next summer, and a 30 percent reduction in the department's travel budget. With respect to the brochure, Tmeblood noted tentative plans are to notify citizens via a postcard, the City's web site, press releases, or utility mailing as to when the brochure is available. Pacha suggested making the brochure available at various outlets; Moran stated it would be available at City facilities, but keeping other locations stocked may he a problem; it will be considered. Walz asked if it would be possible to provide the brochure to grade schools for inclusion in the children's take-home packet. Trueblood noted that this was done in the past, but was discontinued because some schools did not release them in a timely fashion. Staff currently provides the schools with one-page flyers on various programs. SCANLON GYM Matt Eidahl presented an overview of the activities and programs offered at the Scanlon Gym. The first Teen Program in the fall of 2000 involved a fishing trip (2 participants), horseback riding (0 participants), and a dance (153 participants). Eidahl noted since that point he has developed the trips into a year-round Teen Extreme Program, which included cross-country skiing, tubing and skate parks. A quarterly Teen Newsletter is sent to all teens that have registered for programs and to organizations that serve teens. A Teen Club was established, sponsored by the Optimist Club who donated $2,200 towards game room equipment, and a Teen Advisory Board was formed. With respect to .junior high students, seven dances have been held, averaging 275 students. A Junior High Tennis League sponsored by USTA is held in the spring, with youth receiving free racquets at the end of the league. Various competitions and 3-on-3 tournaments have been held. Intramural sports have also been offered, without much success; staff is trying to find the right dates and times for youth. Future programs this fall are a Hip-Hop Dance Group, Cheerleading Camp and Job Training Program. Staff is also bringing in a "Night Storm" dance event for teens 13-15 years in age. He stated it is important to get youth into the programs early so they become aware of what is available. There have been three 5aL6~ grade dances, averaging 475 students. Various trips have also been held for this age group. With respect to the younger youth, the following programs are held: a six-week program consisting of various camps and sports; a Tots Fundamental four-week program with seven different sports; week-long summer Parks and Recreation Commission July 9, 2003 Page 2 of 3 sports camp to develop skills in a non-competitive environment; a Junior Punters and a Junior Shooters program; and a Tot Time indoor play program. Eidahl reported the programs are very popular, noting the total attendance for the Tot Time program in 2000 was 1,075, with the year-to-date total for this year being 1,543. Klink asked what population the programs draw; Eidahl noted the majority is Southeast students, especially for drop-in activities after school. Klink asked if there were comparable programs offered on the west side of Iowa City; Eidahl noted Coralville does not have a Teen Director. He stated west side youth have participated in field trips and dances. Trueblood noted there are several special events in the facility, such as an indoor soccer tournament. Eidahl stated there have been two indoor soccer tournaments, four volleyball tournaments and a church league. He noted the facility is heavily used. Klink suggested offering babysitting classes also; Eidahl noted Program Supervisor Joyce Carroll has offered these. Moran stated the job training classes would cover the basics, such as appropriate dress and timeliness. Westefeld noted he has a daughter in junior high that prefers to attend the dances at Scanlon instead of the school dances. Pacha asked about the ratio of staff to youth at these dances; Eidahl stated he plans by area - eight staff members in the gym, three in the Procter & Gamble room, two roaming, two at the door and one in the front. They also have two off-duty officers from the Johnson County Sherif£s Department at each dance. Eidahl stated the most recent 5th-6th grade dance had 525 youth attend. Westefeld stated so many different groups use the facility all the time, and felt the diversity of the programs offered was good. Loomer asked if similar programs were offered at the Recreation Center. Trueblood noted some of the programs offered are not headquartered out of either facility, although there are not as many dances offered at the Recreation Center. Moran noted the Recreation Center is harder to supervise due to the extra entrances and exits. He stated staff is working with the west-side community to start programming, possibly utilizing the west side elementary schools. Pacha expressed the commission's appreciation for the report, noting Eidahl is doing an awesome job. WATERWORKS PARK REPORT Walz reported a meeting was held, with over 20 people in attendance, even though the weather was bad. The people who attended were very interested, experienced and knowledgeable, and represented a broad range of interest. She also received a total of 13 e-mails from individuals who were unable to attend, who want to be involved. The next meeting is scheduled for 5 p.m., Sunday, July 13 at Waterworks Park. Klink noted Trueblood mentioned at the meeting the need for letters of support, and she felt many of the attendees seemed very inclined to do so. She requested sample letters of support. Klink stated there have been discussions about various ways organizations and individuals could get involved. Some suggestions were allowing people to donate one-acre of seed, one type of seed or even possibly donating seed gathered from their own prairies. She noted Russ Bennett was receptive to the idea of having a small area for the public to seed. Klink stated Walz wrote up a summary of meeting for the Environmental Advocates magazine, which resulted in e-mails from people who want to become involved in the project. Boyd referred to staffs concern regarding maintenance; Trueblood noted staff has not taken over the mowing. Walz asked if the area was being mowed; Trueblood stated the Water Division is doing so. Klink asked when the Waterworks Park would be dedicated as parkland; Trueblood noted it might not be dedicated but instead designated as parkland. Walz suggested a different name besides the Waterworks Park. She suggested "Prairie Gateway Park", noting there is a grant available for roadways that serve as an entrance to cities. Klink felt the current name confuses people - they think ora water park with a swimming pool, slides, etc. Boyd asked about the process; Trueblood stated the commission could recommend a name, which would be forwarded to the City Parks and Recreation Commission July 9, 2003 Page 3 of 3 Council for approval. Pacha recommended having a suggestion box at the Sunday meeting for names, with the Commission discussing them at the next commission meeting. COMMISSION TIME Ostrognai suggested an indoor playground for young children and their mothers. Trueblood noted there are groups of mothers who bring their children into the gym to play during the school year; Moran stated it is not a formal program. Staff will explore the possibilities. Klink reported that on April 12 her neighborhood did a clean up at the one-acre park at the end of Harlocke Street and had nine bags of construction and miscellaneous materials, which the City picked up. She noted the neighborhood is looking forward to the time they can use the place for ice cream socials and having a small playground for the children. Tmeblood indicated a letter from the developer's attorney was received requesting that the City formally accept the open space. He noted them are a few things the developer needs to take care of prior to this, but he anticipated formal acceptance might occur in August. Klink noted the neighborhood received a PIN grant for seeding the area. Boyd stated he received an e-mail inquiring about the naming of Wetherby Park. He contacted Marilyn Kriz who was able to find a 1970's document from the Parks and Recreation Commission naming the park. It was named after Isaac Wetherby, who was a prominent photographer and businessman in Iowa City. His great granddaughter is putting together the family history for the family and plans to visit Iowa City. He expressed appreciation to Marilyn for being able to provide this information. Westefeld stated City Park rides have been doing a great business, with a lot of people at different times of the day and asked what staff attributed the increase to. Trueblood felt it was mainly due to the increase in the number of rides from three to five, along with the expanded train track and the ticket price increase. Robinson stated the longer train ride is a real attraction to people. Pacha asked if the City was responsible for mowing the new portion along Scott Boulevard from Rochester to the intersection with Highway 1; Robinson indicated it was not the City's responsibility. DIRECTOR'S REPORT Tmeblood reported on the following: Iowa Cii3r Kickers Soccer Park. The Iowa City Kickers are donating $10,000 towards installation of playground equipment at the Soccer Park. It will be located near the north concession/restroom building. Walden Woods. Plans are to have some trees planted late summer/early fall. Loomer indicated the area was staked last week. Walden Itills. The two parcels, a few blocks west of Walden Woods near Galway Hills, will probably be formally accepted by the end of summer. ADJOURNMENT The meeting adjourned at 6:05 p.m. MINUTES APPROVED PLANNING AND ZONING COMMISSION JULY 17, 2003 EMMA J. HARVAT HALL MEMBERS PRESENT: Beth Koppes, Ann Bovbjerg, Dean Shannon, Ann Freerks, Jerry Hansen, Benjamin Chair MEMBERS ABSENT: Don Anciaux STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Doug Ruppert, Winifred Holland, Steve Holland, Joel Fagan RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, REZ03-00017/SUB03-00019,_a rezoning from ID-RS, Interim Development to Sensitive Areas Overlay-Low Density Single-Family, OSA-5, and a preliminary plat of Oakmont Estate, an 8.7-acre, 16-1ot residential subdivision located on the west side of Foster Road. Recommended approval, by a vote of 6-0, SUB02-00011 a preliminary plat of County Club Estates, Second Addition, a 16.65-acre, 42-1ot residential subdivision located west of Phoenix Drive and west and north of Flagstaff Drive. Recommended approval, by a vote of 6-0, SUB03-00029, a final plat of Village Green Part 19, a 7.11- acre, 10-lot residential subdivision located at Wintergreen Drive west of North Jaime Lane. Recommended approval, by a vote of 6-0, a two year extension for the preliminary plat of Village Green Part XX. CALL TO ORDER: Bovbjerg called the meeting to order at 7:32 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said there were always openings for volunteers to serve on the various City Boards and Commissions. The City always appreciated the help of its citizens. A listing of the current vacancies on the various boards and commissions was posted in the outer lobby. ZONING ITEM: REZ03-00017/SUB03-0001~, discussion of an application submitted by K.G. Bird, L.L.C. for a rezoning from ID-RS, Interim Development, to Sensitive Areas Overlay-Low Density Single-Family, OSA-5, and a preliminary plat of Oakmont Estate, an 8.7-acre, 16-1ot residential subdivision located on the west side of Foster Road. Miklo said a revised plan was before the Commission which had eliminated one of the lots, so there were now only 16 lots. The plan had also been revised to more accurately show what was woodlands on the site. The applicant's engineer had done a count of the trees on the site and determined that part of the site did not qualify as a woodland as defined by the City's Sensitive Areas Ordinance (SAO) in that there were fewer than 200 forest trees per acre. The western portion of the subdivision did qualify as a woodland area and was regulated by the SAO which specified that 50% of the woodland should be retained on the site. Miklo said the SAO did allow for the removal of above 50% provided one forest tree was planted for every 200 square feet of disturbed woodland area above the 50%. The applicant had proposed to disturb a total of 68% of the woodland. If the additional 18% disturbance were approved it would require 102 replacement trees be planted. The tree protection plan proposed planting the trees Planning and Zoning Commission Minutes July 17, 2003 Page 2 along the northern and southern boundaries of the site. The applicant's proposal required removing the trees in order to allow the cul-de-sac and building sites for Lots 7, 8, and 9. The applicant's engineer had worked closely with staff including the City Forrester to protect some large oak and hickory trees that were on the property but were outside the woodland area. Miklo said Staff felt it was a fair trade off to allow the additional 18% of clearance in the woodland area in order to protect these trees. The City Forrester had identified the large oak trees as being of high quality, specimen trees. In order to avoid destruction of those trees, the applicant had spread the subdivision out rather than concentrating it which would be allowed by the SAO in order to avoid the woodlands. If the proposal were approved by City Council upon recommendation from the Commission, the legal papers for the final plat would contain the requirements for the replacement trees specifying where the 102 replacement trees would be planted. Outlot A was proposed to be dedicated to the City for open space. It would be added to the Peninsula Park adjacent to the river. Most of the sensitive areas, including the woodlands, the protected, steep and critical slopes were located on this piece of property. Their dedication to the City would assure their protection. On the overhead site map, Miklo indicated where some grading of the steep and critical slopes would occur in order to allow the cul-de-sac to be installed. The SAO allowed the grading of steep and critical slopes as long as it was minimized. As part of the new, expanded Lot 1, the steep and critical slopes on the former Lot 1 would be protected as a no-build zone, which complied with the intent of the SAO. The deficiencies noted in the previous staff report had been corrected so the preliminary plat was in order for approval. Miklo said Staff recommended approval of REZ03-00017/SUB03-00019, a rezoning from ID- RS, Interim Development, to Sensitive Areas Overlay-Low Density Single-Family (OSA-5), and the 16-1ot subdivision for Oakmont Estates including approval of the tree protection plan and the removal of woodlands. Hansen asked if there were any plans for the City Forrester to revisit the site in one year to see if the trees were still alive. Miklo said there was no specific plan for that, however the tree protection plan required the placement of construction fencing around the trees to be protected. During the installation of subdivision streets, utilities and the construction of homes on individual sites, Julie Tallman of the City's Inspection department would be monitoring the site to assure that those trees were protected. If the trees died in the next couple of years due to natural causes, there was no recourse on the part of the City or requirement that they be replaced. Hansen asked about the reforested trees. Miklo said there were requirements in the SAO that those be monitored and replaced if they did not make it. Chair asked what if the woodland area died. Miklo said the SAO did allow for woodland management, so if individual trees died, they could be cut and removed. Chait asked what if the entire woodland area died or no longer met the requirements of 200 trees per acre. Miklo said that area contained steep, critical and protected slopes and was being dedicated to the City so it would be under the City's control. If it became no longer a woodland, it would be the City's choice to reestablish it or leave it as it was. The City did not regulate "Acts of Nature." The no build area would also be protected which would be specified in the legal papers for the final plat. It would be similar to the Hickory Heights subdivision which had specifications in its legal papers that natural vegetation could not be disturbed and a property owner could maintain the trees or remove a dead tree, but they could not do a clear cut. Bovbjerg asked about the construction of rock dams to minimize erosion which had been mentioned in the previous meeting's minutes. Miklo said the City Engineer's office had worked closely with the applicant's engineer in the design for the storm water to follow a some what natural route to the Iowa River. Those specific designs would be approved as part of the construction drawings for the final plat. Bovbjerg asked if there would be a regular schedule of City Engineers visiting the site to monitor the prevention of erosion during grading. Miklo said it was generally done on a complaint basis. City Engineering staff did inspect the installation of infrastructure and made sure that erosion control devices such as silt fences, etc., were installed at that time. If they didn't work properly and someone notified the City, then action to correct it was taken at that time. Bovbjerg said to approve the additional 18% disturbance was putting the slopes and woodlands in jeopardy if the applicant didn't do a correct job. The City would be unable to correct or patch it. Planning and Zoning Commission Minutes July 17, 2003 Page 3 Public discussion was opened. Douq Ruppert, attorney with the Meardon office representing K.G. Bird L.L.C. Ruppert said he was there to answer any questions the Commission might have. Public discussion was closed. Motion: Chair made a motion to approve REZ03-00017/SUB03-0001~,_a rezoning from ID-RS, Interim Development to Sensitive Areas Overlay-Low Density Single-Family, OSA-5, and a preliminary plat of Oakmont Estate, an 8.7-acre, 16-1ot residential subdivision located on the west side of Foster Road. Shannon seconded the motion. Chair said all parties had seemed to address the concerns of everyone. He wished to acknowledge both sides in that the applicant and Staff had reached a good compromise and the language and logic were well laid out. Freerks said she would vote in favor of this item as well. She didn't think she would make a habit of voting for allowing removal of more than 50% of a woodland, but she understood the reasons they were doing it. Protecting the central oak trees made good sense, it made more appealing lots and was better for the community. She appreciated the applicant's taking the Commission's direction and eliminating the lot in the north east corner by incorporating it into the adjacent lot. Hansen said he appreciated the revisions to the plan. He liked the no build areas around the existing trees to save those and he was in favor of this proposal. Shannon said he had had a concern regarding the proximity of the Elks Club property. In the past they had come off poorly with some adjacent development plans. Since he had not heard any comments from the Elks Club members, it must be ok with them. He thought it was a good idea as well. Bovbjerg said this project had evolved into a wise use of the land. Bovbjerg she hoped and she trusted that the land that had to be disturbed would be done so carefully so as not to damage the remaining trees and ravines. The motion passed on a vote of 6-0. DEVELOPMENT ITEM: SUB02-00011, discussion of an application submitted by S&J Development L.L.P. for a preliminary plat of Country Club Estates, Second Addition, a 16.65-acre, 42-1ot residential subdivision located west of Phoenix Drive and west and north of Flagstaff Drive. Miklo said at the time of the last phase of Country Club Estates, City Council and the Commission had asked for a concept plan to show how the rest of the subdivision would develop. The concern had been that the design of the subdivision not be done in a piece meal fashion that would result in an unworkable street configuration. On the concept plan, Lake Shore Drive would extend to the north onto the County owned property and also to the south to Rohret Road providing relief to Phoenix Drive in terms of a collector street. Therefore not all of the traffic from the development would go back through Country Club Estates or Southwest Estates. Staff felt in general the concept plan was workable, but there might need to be some changes when the western part of it was subdivided to assure that Slothower Road did not become a straight cut through between Melrose Avenue and Rohret Road. Staff would look at that on future plats. Miklo said the Country Club Estates Part II plat included the extension of Flagstaff Drive, Lake Shore Drive and a new street Tempe Place/Court. All of the lots in the development met the RS-5 requirement of being at least 60 feet wide and being 8,000 square feet in area. They ranged in size from just over 8,000 square feet to just under an acre (lot 18). Public Works staff had worked with the applicant's engineer with regard to the stormwater retention basin, which was on the boundary of Southwest Estates and Country Club Estates. Public Works was satisfied with the design of the basin and the easement that accompanied it. Planning and Zoning Commission Minutes July 17, 2003 Page 4 Approximately 17,000 square feet of open space would be required for a subdivision of this size. Staff recommended that the open space for this subdivision be deferred and pooled with the open space required for a larger development so that a larger neighborhood park could be developed at a future date. Staff had sent their recommendation to the Parks and Recreation Commission for their consideration and this would be addressed in the legal papers for the final plat. The City's Secondary Access Policy indicated that Phoenix Drive was suitable for up to 40 or 45 additional lots before a secondary access was needed to relieve traffic on Phoenix Drive. Staff felt that Phoenix Drive was sufficient to handle this 42-1ot subdivision but recommended that no further pads of Country Club Estates be approved until another way back to Rohret Road or to Melrose Avenue was available. Miklo said the deficiencies noted in the Staff Report had been corrected. Staff recommended approval of SUB02-00011, a preliminary plat of Country Club Estates, Second Addition, a 16.65-acre, 42- lot residential subdivision located west of Phoenix Drive and west and north of Flagstaff Drive. Hansen asked if there was any concept as to where the neighborhood open space would eventually be. Miklo said the Southwest District Plan contained ideas about the open space. On the overhead map he indicated the approximate location of a large tract of land that the City had purchased for part of the water plant / distribution system. Miklo said at the time of the Southwest District Plan the thought was that the neighborhood open space could be added in combination with the water site to make a larger neighborhood park. Bovbjerg asked with respect to the restriction of the number of lots onto Phoenix Drive, would it be possible for a developer to blank out some of those lots and defer them to another adjacent preliminary plat. Miklo said Staff would not recommend that. Once a preliminary plat was approved, it gave rights to develop the final plat and the City had less control over the situation. It might be possible that a developer would re-plat it and set some of the lots aside as open space or for future development. Currently Staff envisioned this as 42-lots with no more approved until a second access was constructed. Bovbjerg asked if it was correct that a concept plan did not have force the way a preliminary plat did. Miklo said that was correct. Shannon said at one time the developer had proposed building a community pool, was that still part of the plan. Miklo said on Lakeshore Drive there was a small pool house and a pool that was open to the residents of Country Club Estates Part I and would also be open to the residents of Part II as well. Bovbjerg asked if the stormwater areas on Lots 18, 19, and 20 would be in the legal papers for each of the lots. Miklo said there would be an easement that would cover those. Behr said that would be covered in the legal papers, all buyers would be on notice. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve SUB02-00011, a preliminary plat of Country Club Estates, Second Addition, a 16.65-acre, 42-1ot residential subdivision located west of Phoenix Drive and west and north of Flagstaff Drive. Koppes seconded the motion. The motion passed on a vote of 6-0. SUB03-00029, discussion of an item submitted by Third Street Partners LLC for a final plat of Village Green Part 19, a 7.11-acre, 10-lot residential subdivision located at Wintergreen Drive west of North Jamie Lane. Mik[o said the preliminary plat, which included Part XIX and Part XX, was approved approximately a year and six months ago. Part XlX consisted of Outlots 55 and 56, which had been approved as part of a Planned Development Overlay rezoning for condominium development. The remainder of the lots in the subdivision were approved as single-family lots in accordance with the RS-5 zoning. The final plat was consistent with the approved preliminary plat and with zoning and subdivision regulations. Staff recommended its approval. The applicant has also requested a two year extension of Part XX which is due to expire in December, 2003. Miklo said preliminary plats expired after 24-months, the purpose of the expiration date was in the event that the City's policies or laws regarding land development changed, the new policies and laws Planning and Zoning Commission Minutes July 17, 2003 Page 5 could be applied to a development. Staff anticipated that there would be some amendments to the zoning and subdivision regulations. However, that Part XX was part of a planned development and was laid out to be very consistent with the surrounding neighborhoods, Staff recommended that the extension be approved. Miklo said if the Commission chose not to approve the extension and the applicant did not final plat it before it expired, they would have to re apply. Hansen asked if there would be any need for secondary access to Scott Boulevard. Miklo said eventually there would be a connection between the two developments so there would be a second way to get back to Scott. Eventually there would also be a connection to Sterling Drive which would also provide secondary access to the area. Public discussion was opened. There was none. Public discussion was closed. Motion: Freerks made a motion to approve SUB03-00029, a final plat of Village Green Part 19, a 7.11- acre, 10-lot residential subdivision located at Wintergreen Drive west of North Jamie Lane prior to Staff approval of legal papers and construction drawings prior to Council consideration. Shannon seconded the motion. The motion passed on a vote of 6-0. Motion: Koppes made a motion to approve a two year extension for the preliminary plat of Village Green Part XX. Hanaen seconded the motion. The motion passed on a vote of 6-0. VACATION ITEM: VAC03-00001, discussion of an application submitted by Michael Lenaing for the vacation of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street. Miklo said the single family homes located adjacent to the funeral home were zoned RS-5. The funeral home was zoned CO-1 and had a special exception which allowed it and the crematorium to occur on that property. Lensing had asked that a portion of the alley be vacated, his intent was to purchase the alley and to work with the adjacent property owners who would also have a right to purchase one-half of the alley. In the future, Lensing might also purchase portions of two rear yards of the properties on Diana Street for the future purpose of expanding the funeral home's parking lot. Miklo said presently the Commission was only looking at the alley vacation. In the event that there would be expansion beyond the center of the alley where the current CO-'I zoning ended, there would need to be a rezoning of the eastern and southern portions of the alley. The special exception which allowed the funeral home would also have to be reviewed and approved by the Board of Adjustment. Miklo said vacation of the alley did not automatically allow expansion of the commercial zoning or development to the area east of the alley. Miklo said there were three general considerations that Staff looked at when considering requests for vacations of right-of-ways for alleys or streets: · The vacation of the property would not be detrimental to vehicle or pedestrian circulation. · The vacation would not interfere with access to private property. · The vacation would not interfere with access for emergency vehicles or utilities. In general, Staff found that this request passed all three of these tests. The portion of the alley that Lensing has requested be vacated was currently not used for vehicle access nor had it ever been improved or opened for traffic. Therefore it was not essential for access to the adjoining properties. The eastern section was used for access to the residential properties, therefore it was essential that the alley be maintained and left open. Qwest had indicated that they did have a cable line in the alley. An easement would need to be retained for this cable or if Qwest and the property owners could reach an agreement, the cable line could also be moved. The easement would allow for things such as parking, open space or landscaping, but it would not allow for the building of a building in that area. Planning and Zoning Commission Minutes July 17, 2003 Page 6 Miklo said if the alley were vacated, Lensing would have the opportunity to purchase the western and northern half. The adjacent property owners would have rights to the eastern half and the adjacent landowners would have rights to the alley area south of the funeral home property. Staff recommended that if the Council did approve the vacation, the actual final vacation not occur until there was a final agreement as to how the land would be disposed. That would prevent a situation where part of the alley were acquired by Lensing and a part remained which would be of no use to the City. If the Commission recommended a vacation, then negotiations for the actual sale or disposition of the property would occur prior to City Council consideration. Miklo said Staff had heard of a concern from adjacent property owners that if the alley was vacated it would be used as an access to and from the funeral home's parking lot which would introduce commercial traffic into a residential area (Diana Street). Staff concurred with this concern. If the vacation were to occur, Staff recommended that any agreement to sell it to Lensing or the adjacent property owners would stipulate that there be no access from the commercial property to the alley. If a rezoning and a special exception were approved to expand the funeral home including the parking lot, a requirement be included to require a curb or fencing or landscaping to assure that no traffic from the funeral home went back to Diana Street. Miklo said Staff recommended approval of the vacation subject to retention of any necessary utility easements, the conveyance of the right-of-way be approved concurrently with the approval of the ordinance approving the vacation of the alley and the inclusion of a barrier along the east - west gravel alley to prevent vehicular access from the commercial property to Diana Street. Bovbjerg asked Behr for a clarification regarding the Commission's recommendation on this application and any implications it would have for the surrounding property owners or the applicant. Behr said the question of vacation dealt with basically whether or not the City needed the alley for public use. If the Commission were to pass a recommendation of vacation it would not even be put on to the Council's agenda until adjacent property owners had been given the opportunity to offer to purchase and there were offers to purchase all of the land. Then it would go to the Council as a package. Historically Council had not vacated anything until it was authorized to be conveyed as well. The vacation essentially would make it possible for all concerned parties to start making arrangements and trying to purchase parcels if they wished to. Bovbjerg asked if it was correct that a vacation didn't direct anyone to do anything in particular, it just opened up the possibility to discuss it. Behr said that was correct. Bovbjerg asked if the parties never came to any type of agreement, what would happen. Behr said he didn't believe Council would want to see the tract carved up into pieces. It would be necessary to see how the offers came it and it would be worked out with legal staff. At the time that there were offers to purchase all of the tract, it would go to Council with the Staffs recommendation of whether it should be conveyed in that fashion or not. Chait asked to clarify what the Commission and legal staff had just discussed. If the Commission recommended that the alley be vacated, the entire alley would have to be acquired prior to Council agreeing to formally vacate it. How it was acquired was up to the various landowners. The conversation that had occurred at Monday evening's informal meeting had indicated that if there were a lot of negotiations between Lensing and some of the neighbors, it seemed reasonable to expect that Lensing, a proponent of the vacation, would somehow assure that all the land would be disposed of as opposed to not all of the land being sold and therefore nothing happening. It would be more of a private transaction being worked out among Lensing and the neighbors and until that happened, however it happened, nothing would move forward. Chair said he understood that there had been and were ongoing conversations between Lensing and the neighbors. However it happened nothing would be bullied onto anyone. It would have to be mutually beneficial. The requirements and concerns of the Commission and the Council were that everyone was treated fairly in the terms and conditions of these types of conveyances. Bovbjerg said what the Commission was doing was simply making it possible, but they were not making it happen in any particular way. The City's stipulation that the vacation not be detrimental in any way was a major concern. Planning and Zoning Commission Minutes July 17, 2003 Page 7 Chait said additionally on Monday evening, they had discussed that prior to any parking lot expansion beyond the center point of the alley or any additional expansion of the facility on the property acquired by Lensing, would have to come back before the Commission for rezoning. They would have the additional opportunity to look at a specific proposal. Just because the Commission recommended the vacation didn't guarantee that a parking lot would occur. Public discussion was opened. Michael Lensin~l, Lensing Funeral Home, said he agreed with the neighbors that there were a lot of traffic problems but it was not their intent to increase the traffic problems. He had visited with Jeff Davidson regarding stop lights and other options. Lensing said he had visited with the neighbor directly east of the funeral home, who had no problem with the vacation as it affected only approximately 5-feet of their back lot. Fencing or landscaping by Lensing's would be required which would enhance that property so the neighbor was in favor of it. The property where Peter Weinstein resided on the south and east side of the alley had been shown to be non-conforming on the recent appraisal. Lensing said if he was able to acquire the whole piece of property, nothing could be built on it because of the lot size according to the appraisal. Miklo said a single family residence could always be built on a non-conforming lot. It appeared to him that the lot was less than 60-feet wide. It also needed to be 8,000 square feet. So as long as 8,000 square feet of the property were retained a portion of it could be sold. If there were less than 8,000 square feet than none of it could be sold or added to the funeral home property. Lensing said the current resident was probably going to move within one year. The property was currently better maintained than it had formerly been, but repairs had been very limited to the home. Lensing said if he were ever to acquire that portion of property, he would ask that it be written into the zoning that the property remain residential or whatever it was and he would simply put trees on it. Lensing said he had visited with the owner, in the third house down on Diana Street. The current property owner was not sure that he could afford to purchase the vacated portion of the land, so Lensing could purchase it, but would not be able to do anything with it. Lensing said the reason they were looking at the property was because of the trees, big walnut trees. They had always maintained the trees and by obtaining that property, it would allow them to square off their lot. Both John Roffman and Peter Weinstein were willing to sell off the back 40 feet of their lots. Upon appropriate approvals and zonings, Lensings would run a fence down the property line down to hopefully put in a parking lot there. It would allow Lensings to square their property off. At the back of the building was a very small landscaped area where Lensing hoped to make the back of the building square. That change would allow them to get cars out of their parking lot and onto Kirkwood Avenue. It would also provide more parking spaces which cars sometimes did spill over onto the street for parking. Lensing said they really wanted to be neighborly. That section would all be curbed and landscaped. Hansen asked if this came to a rezoning, would the Sensitive Areas Ordinance come into effect because of stormwater management and the slopes on the rear of the property. Miklo said he didn't think so. He did not think it was steep enough to be regulated by the Sensitive Areas Ordinance. Lensing said when Dr. Riegler owned the building next door the storm water sewer had been put in. They had put drains under their parking lot and a culvert which ran directly into the stormwater retention center. In talking to John Roffman they thought, there was more height on Roffman'$ property which could be moved over to bring the culverts up to the level of the parking lot so the water would run down directly into the system. Hansen asked if the purchase of 40 feet of the rear yards of the two adjacent properties would make them non-conforming properties. Miklo said no, they were both well over 8,000 square feet. A lot that was currently for sale was being marketed as two. Lensing said it was 65 feet from his lot line counting the alley which was twenty feet, so the neighbors could sell him 40 feet of their back yards. Lensing said it was not his intent to build buildings, it was a matter of wanting to square off his property. If they did do an addition, it would only be across the back of the building going out 30 to 40 feet at the maximum. Bovbjerg asked about the walnut trees and whose property they sat on. Lensing said for twenty years he had taken care of the trees which set right on the property line. They were very dirty trees and he would Planning and Zoning Commission Minutes July 17, 2003 Page 8 cut them down. It would be possible to get 30 additional parking spots thers, however if the neighbors really wanted him to keep the trees he supposed he would. Lensing said he would prefer to landscape the area with oak and maple trees. Lensing said this might be the only opportunity in his life time to purchase a piece of property close to his property without having to purchase a house, so he had to ask the question, to know about the future. He'd had the opportunity to purchase a house which connected to Diana Street, but he had not wanted to fix the house up. Winifred Holland, 1105 Diana Street, said she was the original owner of her home having moved there in 1956 when the home was completed. Holland said she was requesting that the Commission reject Lensing's application to vacate the right-of-way for several reasons. · Vacating the public right-of-way would open up the Lensing property to the alley onto Diana Street which would have the possibility of creating more traffic onto the street. The street was narrow and already overloaded with traffic. Many drivers used it as a cut through from Dodge Street to Hwy 6. · It had the potential for persons stuck in traffic on Kirkwood Avenue to use the Lensing property as a short cut over to Sycamore Street. · More traffic on the narrow street would make it more dangerous for children. Families were moving into the area. · Cars parked on only one side of the street so the added traffic would add congestion. · The added traffic would be a deterrent to the City's interest of maintaining the integrity of the neighborhood and nurturing it for future generations. · Recently she and her neighbors had received information regarding Iow interest loans for upgrades to their homes. Residents in the area were eligible for funding under the Targeted Area Rehabilitation program. This program was designed to stabilize and revitalize targeted neighborhoods. The City already had a residential program in place for property that Lensing had an interest in purchasing. · She saw the vacation as a prelude to the application for rezoning a residential area into commercial. · She was concerned about water run off which had been addressed by Lensing. Holland said a realtor was currently listing a property for sale without the 40-feet of the back of the property being listed for sale. Holland said she would like to know how Lensing could purchase residential property for a commercial use. She saw it as an encroachment of the CO-1 district into the RS-5 district. Holland said approving the vacation of the right-of-way, purchasing sections of single family property and rezoning for business use would signal that the City was no longer serious about nurturing and upgrading the quality of life for residents in the neighborhood. Currently at the end of many residential properties was a fence demarcating the boundary which indicated how strongly the City felt about the need to protect residential interests. Holland said the residential neighborhood needed to continue to be protected from business encroachment so she was requesting that the Commission deny the vacation request. Chair asked Holland if she understood that part of the vacation would not allow any traffic to go from the Lensing property down the alley to Diana Street. Holland said she had not been privy to that information. Chair said that was the conversation that they had had earlier. Holland said she did not quite grasp that. Chair said a number of concerns expressed by Holland concerned traffic. The vacation would preclude any traffic from transgressing on what was left of the alley. Holland said that was not on the letter she had received from the City regarding the vacation. Chair said he wanted to clarify to be sure that she understood that because it was not only a concern that Holland had but had been brought up by Staff and perhaps the Commission as well. Chait said the rezoning and the acquiring of property was not what the Commission was considering at this time. Holland said Lensing had stated his intentions for the future and he also might sell the property. Chait said regardless of who owned the property, the restrictions on the east-west alley went with the property. Bovbjerg said those types of restrictions went with the land, not with the use or with the owner, it was part of the City's ordinance. Regardless of how the property was used or who the neighbors were, the restriction was there and would have to be overturned by a great deal of consideration by the City, so the residents would be protected. Steve Holland., son of Winifred Holland, said they had not been privy to all the information regarding restriction of traffic flow through the alley to Diana Street so they had prepared the best they could with Planning and Zoning Commission Minutes July 17, 2003 Page 9 the knowledge they had. Holland said he felt there was precedent for the neighborhood and for the Commission's decision. Over the years other business interests had come forward in the neighborhood. When he grew up there, it had been only Lucas Field so they had seen the area grow and questioned time and time again about the demarcation of where the business interests stopped in property and where the neighborhood interests began. Years ago his mother had pushed for the fence to be installed, maintained and listed in the City Code. Holland said he found the idea to be unbelievable that backyards in neighborhoods could be sold to a business when in the past the City had said those boundaries are very very important and that should not be crossed. He saw it as a way of inching forward. He didn't think Lensing had any evil intent but was trying to do his best for business, but felt Lensing had other options such as the business parking lot to the west. Holland said he didn't believe that this was a request solely for parking and nor did he believe that to put more cars on the lot would help the already congested traffic at Kirkwood and Dodge Streets. Holland said he was asking the Commission not to recommend the vacation. He said he thought there should be an investigation into other uses for the area, including maintaining the walnut trees. Public discussion was closed. Chair said based on the public discussion and the Commission's practiced policy of having two meetings on issues, he was asking the Commission if they would not feel more comfortable about having two meetings on this topic, just because there was discussion on this application. There were no time concerns so it seemed to him that another meeting would be prudent. Motion: Chair made a motion to defer VAC03-00001, an application submitted by Michael Lensing for the vacation of an alley right-of-way located south of Kirkwood Avenue and west of Diana Street. Freerks seconded the motion. Freerks said everyone's points and views were very important. What the Commission was doing now was perhaps the easier part of the equation for Lensing's plan for the future. There were many other concepts/issues that had to be considered for making decisions regarding zoning. Shannon said he was glad that they were going to wait. He would like to hear from other homeowners in the neighborhood, even from persons who were marginally involved. Koppes said she agreed with the deferral. She thought it was the right way to go and the Commission could get more information. Bovbjerg said generally it was wise, when there was confusion and discussion, to take their time since there was nothing time sensitive. The general question before them was just the vacation. The motion passed on a vote of 6-0. OTHER: Miklo said Staff wished to schedule at least one meeting next week on the Code re-write. Temporary Uses and Non-conforming Uses would be presented. It was decided July 23 at 5:30 pm for 1% to 2 hours. Bovbjerg and Shannon would be absent. Joel Fagan, 741 Chestnut Court, said he'd received a letter from the City dated June 27, 2003, which stated that on July 17, 2003 at 7:30 pm there would be a discussion regarding the Sand Hill Estates rezoning request. Miklo said another letter had been sent last week stating that the discussion would be postponed to one of the two meeting dates in August. Fagan and members of the audience said they had received all the other letters but not the one indicating the postponement of the discussion. Miklo said the most recent letter indicated that the applicant was making revisions to the Plan so the item was being deferred potentially until August 7 or 21. Residents would be notified by letter when the item was on the agenda. Miklo said some persons had received the ietter but apologized for any inconvenience to those in attendance. Hansen said an alternative means to obtain an agenda for the Commission's meeting was to go to the City's web site and they would email the agenda directly to interested parties. Miklo said persons were also welcome to telephone the office before the next meeting to see if this item was on the agenda. Planning and Zoning Commission Minutes July 17, 2003 Page 10 CONSIDERATION OF 6/19/03 MEETING MINUTES: Hansen made a motion to approve the minutes as written and corrected. Shannon seconded the motion. The motion passed on a vote of 6-0. ADJOURNMENT: Freerks made a motion to adjourn the meeting at 9:04 pm. Hansen seconded the motion. The motion passed on a vote of 6-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill data on citynt/pcd/minute s/p&zO 7-17~3.d cc FINAL / AP~ POLICE CITIZENS REVIEW BOARD MINUTES - July 3, 2003 CALL TO ORDER Chair John Stratton called the meeting to order at 4:00 P.M. ATTENDANCE Board members present: John Stratton, Loren Horton, David Bourgeois; Board members absent: John Watson, Bev Smith. Staff Kellie Turtle also present. Legal Counsel Catherine Pugh absent. Also in attendance was Lt. Sid Jackson of the ICPD and citizen Candy Barnhill. CONSENT CALENDAR Motion by Horton and seconded by Bourgeois to adopt the consent calendar. · Minutes of the meeting on 05/27/03 · ICPD Use of Force Report - May 2003 Motion carried 3/0, Smith and Watson absent. NEW BUSINESS · NACOLE Membership Turtle informed the Board the membership was up for renewal and the cost is $100. Stratton explained that NACOLE is a national organization of boards and committees such as the PCRB. Stratton stated that they can still have access to information on the website without a membership. Motion by Bourgeois, seconded by Horton to not renew membership. Motion carried 3/0, Smith and Watson absent. ·Annual Report Tuttle provided the Board with a draft of the annual report. Stratton wanted to add some information about the Board's review of the Department's traffic stop procedures and member changes. Stratton will get the additions to Tuttle for the August meeting. OLD BUSINESS No old business. PUBLIC DISCUSSION No public discussion. BOARD INFORMATION Horton will be attending the August 12th meeting. STAFF INFORMATION No staff information. EXECUTIVE SESSION Motion by Horton and seconded by Bourgeois to adjourn to Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to PCRB-Page 2. July 3, 2003 be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried 3/0. Open session adjourned at 4:20 P.M. Smith and Watson absent. REGULAR SESSION Returned to open session at 5:20 P.M. Motion by Horton and seconded by Bourgeois to extend the level of review of Complaint #03-02 to 8-8-7-B (a) (b) (e). Motion carried 3/0, Smith and Watson absent. Motion by Horton and seconded by Bourgeois to extend the level of review of Complaint 03-01 to 8-8-7B (a) (b) (e). Motion carried 3/0, Smith and Watson absent. Motion by Bourgeois and seconded by Horton to request a 30 day extension for complaint 03-02. Motion carried 3/0, Smith and Watson absent. The Board directed staff to request a brief presentation from Caption Johnson at the August 12th meeting regarding the audio/video training/procedures and any perceived problems. Turtle reminded the Board of the vacancy pending Smith's removal and that only one application had been filed for the vacancy. The deadline for applications is August 13th. MEETING SCHEDULE · August 12, 2003, 7:00 P.M., Lobby Conference Room · September 9, 2003, 7:00 P.M., Lobby Conference Room October 14, 2003, 7:00 P.M., Lobby Conference Room · November 11,2003, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion for adjournment by Horton and seconded by Bougeois. Motion carried 3/0, Smith and Watson absent. Meeting adjourned at 5:27 P.M. Minutes APPROVED Public Art Advisory Committee Monday, July 7, 2003 - 3:30 PM City Managers Conference Room Members Present: Chuck Felling, James Hemsley, Terry Trueblood, Emily Walsh Members Absent: Barbara Camillo, Rick Fosse, Betsy Klein Staff Present: Karin Franklin, Marcia Klingaman Others Present: None Call to Order Felling called the meeting to order at 3:50 PM. Public Discussion of any Item Not on the Agenda There was none. Consideration of the Minutes of the May 1,2003 Meetinq Felling noted the correct spelling of Thomson. Motion: Trueblood moved to accept the minutes as submitted with the correction of spelling of the name Will Thomson. Hemsley seconded the motion. All in favor, motion passed 4-0. Discussion of the Iowa Sculptors' Showcase Klingaman reported the sculpture originally planned for the Iowa Sculptors Showcase pad by the Iowa City Public Library has been permanently placed elsewhere by the sculptor. Staff has since created a call to approximately 200 Eastern Iowa artists and also contacted individuals on the Department of Cultural Affairs email list to spread the word that an opportunity exists to display their work. The call for artists is also listed on the City's website. The deadline for response was June 30, 2003 and they did not receive any responses. Klingaman asked the committee for suggestions as to how to proceed. There is nothing on the pad currently and questioned if they want to try to find something right away, should the pad sit vacant until next spring, or should they try to place something permanently. The latter option could be a problem due to budget constraints. Trueblood asked what the intent is of the Sculptor's Showcase Pad. Franklin responded the idea was to provide an opportunity for local artists to show their work, and also offer it for sale, for one year and they would receive a $500.00 honorarium. The plan was to showcase a new sculpture every year at Artsfest. Walsh suggested they go back to the other artists who submitted work for consideration the first time and chose from those submissions. Klingaman responded that the majority of those submissions were returned per the artist's request. Franklin noted the committee members may have connections with various artists and organizations and could network to get the word out. Another possibility would be to contact the University of Iowa School of Art for possible submissions. The committee agreed the best route to finding a sculpture as soon as possible would be to contact the University. If that does not provide a solution, the group agreed the next step would be to network with local ar[ists. Franklin and Klingaman asked the committee if they want to go forward and try to secure another sculptor for next spring or do they wish to change the whole approach to the pad. Walsh said the rotating sculptor idea deserves another try, especially in consideration of the unusual circumstances surrounding this year. The committee agreed and said the concept could work if the right connections are made. Public Art Advisory Committee Minutes July 7, 2003 Page 2 Discussion of Composition of PAAC Franklin said that in the budget discussions with the City Council, a concern was noted that the Public Art Advisory Committee might be comprised of too many staff members and they questioned if these committee slots would be better filled with citizen volunteers. She has discussed this with Trueblood and Fosse and an idea is to change the committee bylaws so these 2 staff members are not required to be on the committee and thus opening the positions to the general public. The direction of the committee has been shifting more to neighborhood art, and it would be a much more efficient use of Trueblood and Fosse's time to use their expertise only if a project would warrant it. They would still be committee members but in a non-voting, advisory capacity. Felling asked Trueblood how much time the committee requires. Trueblood responded that the committee does not require that much time now, but did require much more in the beginning. He said if the key factor is to get more citizens involved, that is a good thing and he is very willing to step down. Franklin said there is a need to have more artists on the committee, to help make aesthetic judgments and generate ideas. Felling noted there is not a shortage of artists in the Iowa City area but they are also very protective of their time. Trueblood said a downside for an artist being on the committee is that they can not submit work for consideration. He also said since the committee is now up and running there is a need for more artists and individuals with knowledge and interest in art. Klingaman said she would like to see the committee become more of a working committee, and the 2 extra members would help spread the responsibilities. The group is possibly looking for additional funding or fund raising and it is more appropriate for the request to be coming from a citizen committee member. Felling agreed this is an important issue and one for the committee to consider and address at the next meeting. Discussion of Themed Street Art Klingaman referred to a recent article concerning the "Overalls over all" theme art project in Cedar Rapids and how the project brought in over 160,000 visitors to the Cedar Rapids area. She would like to see Iowa City create a real attraction like this and asked the committee for their thoughts on the idea. The project would be smaller in scale, would have to be very well done and hopefully done by all local artists. The project could be done in conjunction with Artsfest but would be very uniquely Iowa City. Walsh noted the life size cow exhibit that was in Chicago and how popular that attraction became and has become as an annual exhibit with a changing theme. Trueblood had several very creative ideas for the project. Franklin said the person coordinating the Cedar Rapids "Overalls Over all" project was Josh Schomberger. She asked the committee if they would be interested to have him come to the next committee meeting and discuss the project. The committee all agreed it would be a great idea and Klingaman said she would arrange to have him come to the August 7, 2003 meeting. Updates · Neighborhood Art Program Longfellow Neighborhood - Felling reported the Longfellow neighborhood is moving along nicely with the project. They recently had a neighborhood meeting and Will Thomson presented 3 illustrations of the 5 ideas they have for the area. The people attending the meeting were very impressed and had very positive comments about the illustrations and ideas. Felling shared the 3 illustrations with the committee. The 5 art concepts are: Historical markers for the neighborhood; A sculpture with birds for the entrance to the nature trail; A children's art project that includes sand and industrial glass; A muted wind chime for the entrance to the trail tunnel; Whimsical small bronze animals for the tops of some street signs. Public Art Advisory Committee Minutes July 7, 2003 Page 3 Klingaman asked about the timeline and next step for the projects. Felling responded that Mr. Thomson is contacting individuals that could fabricate the pieces and also looking into costs. Felling said once the Longfellow neighborhood committee collects all the information for the various projects, they will present the finalized ideas to the Public Art Committee for approval Northside Neighborhood - Klingaman reported the neighborhood has had 2 meetings and has discussed several ideas with the pros and cons of each. They are in the process of trimming the list of projects. The ad ideas include: · Banners along Dodge and Governor Streets. These may be too temporary with maintenance being an issue. · A rotating display that could be moved to various areas in the neighborhood. This would be less permanent and possibly less stable than desired. · Various birdhouses throughout the neighborhood. Goosetown Neighborhood- Klingaman reported the neighborhood has had one initial meeting and nothing specific has been determined. Wetherby Neighborhood - Klingaman reported they have had one meeting with very little input and are trying to get together for another meeting within the next month. Franklin said that she and Klingaman were discussing what can be done with Capitol Improvement money, which includes public art funding. Whatever is done should be something that will last at least the life of the bonds, which is 15 years. Accessibility to the public and neighborhood as a whole is important and should be considered. What is happening with the neighborhood art program now is critical to its future and the projects need to be within these parameters. Klingaman agreed and said the neighborhood committee members will come to a public art committee meeting and give updates on what is happening. · Poetry in Public Klingaman reported that all posters are in place on the city buses and downtown kiosks. The Government Access channel also wants to use the posters as a mini commercial in between programming. This will help as a promotion for the fall kick off for the poetry program. · Irving Weber Day Klingaman reported Irving Weber Day will be Saturday, August 9, 2003. The Weber statue is completed and will be dedicated at 4:00PM. The Lion's club has had a key role in all the planning of the day's events that will include a reception for all the major donors. The actual ceremony will include either the Senior Center Band or Weber Elementary School students providing music. There will also be an ice cream social at College Green Park. The committee will be receiving invitations that will spell out the details of the event. Franklin said they are looking into installing decorative ballards around the statue to protect it from vehicles in the event of an accident. Committee Time/Other Business There was none. Adiournment Motion: Hemsley moved to adjourn the meetin[~. Walsh seconded the motion. All in favor, motion passed 4-0. Meeting adjourned at 5:03 PM. MINUTES APPROVED/FINALE SENIOR CENTER COMMISSION TUESDAY, JUNE 17, 2003 MEMBERS PRESENT: Lori Benz, Eve Casserly, Jay Honohan, Allan Monsanto, Charity Rowley, Jim Schintler and Deb Schoenfelder MEMBERS ABSENT: Joanne Hora and Betty Kelly STAFF PRESENT: Michelle Buhman, Linda Kopping, Susan Rogusky and Julie Seal. GUESTS: Betty McKray, William Laubengayer Lee McGovern and Charlotte Walker. CALL TO ORDER MINUTES Motion: To approve the May minutes as amended. Monsanto/Rowley Motion carried on a vote of 7-0. Schoenfelder was listed as present in the May minutes, however she was absent. PUBLIC DISCUSSION In response to recent requests from community members for extensive programming and operational information that would require a considerable amount of staff time to compile, Honohan reviewed the city policy related to this matter and noted its applicability to the Center. In the City Clerk's office, There is a $0.10 per page fee for coping. In addition, there is a $5.00 charge for every 15 minutes of staff time after the first 15 minutes. (E.g. there would be a $5.00 charge for 30 minutes of staff time). All fees must be paid in advance. Walker asked the following questions: 1. What is the status of changing the name of the Senior Center 2. Why do the mailings for the Center of Learning not mention the Senior Center? 3. What changes are planned for the Post and when will they be implemented? 4. Would it be possible to receive monthly reports on volunteer activities/hours, the number of people attending Center for Learning classes, and the number of new people who are coming to the Center for Learning? Honohan acknowledged that the Planning for Change proposal talks about forming a committee of participants and community members to discuss changing the name of the Center. He noted the committee will be pulled together sometime in the future and will consist of participants from the Senior Center and community members. Kopping noted that the Center for Learning is a program, similar to the EIdercraft Gift Shop, which is organized and sponsored by the Center but does not include Senior Center as part of its name. In the case of the Center for Learning, the name was essentially a marketing strategy intended to attract new people to the Center. Kopping also noted that all kinds of possibilities for changing the format of the Post are being explored and nothing has been decided at this time. MINUTES APPROVED/FINAL SENIOR CENTER COMMISSION TUESDAY, JUNE 17, 2003 Rogusky stated that volunteer data for 2003 is now being entered into the computer. Once the information is in the database, reports are easily generated. She also noted that participation reports are given at the end of each semester for the Center for Learning. NUTRITION PROGRAM LEASE UPDATE- KOPPING Kopping reported meeting with Connie Benton-Wolfe, Director of Elder Services, Inc. The attorney for Elder Services recommended listing the specific days and hours that the staff bathroom is available to nutrition program employees in the lease. Benton- Wolfe plans to take the lease to the Elder Services Board for approval on June 24, 2003. Rowley would like to address the fact that the Senior Center is paying for services outside of Johnson County. Benton-Wolfe reported that the Nutrition Program is looking at the possibility of preparing these meals out of the building. In response to a request from a City Councilor, staff is attempting to estimate the utility costs for the operation of the kitchen. Kopping noted that there are still some outstanding questions related to the ownership of a few pieces of equipment in the kitchen. However, this issue involves the Center, Heritage Area Agency, and county rather than Elder Services, Inc. The language of the lease reflects this fact and allows Elder Services and the Center to move forward with the lease even though the ownership issue has not been resolved. The lease will be modified to reflect the current year. PLANNING FOR CHANGE SCEHDULE UPDATE- Honohan A revised timeline for the proposed plan of action was distributed. Staff recommends accepting membership registrations on July 1, 2003 and planning and implementing a membership drive that will culminate in mid-September. Staff also recommended creating a committee of Commissioners to help work on expanding membership benefits to include discounts at local merchants. Casserly worked with Betty Kelly and June Braverman to develop sample documents for reporting contributions and memberships dues to the Commission and general public. Sample documents were distributed and reviewed by the Commission. No action was taken on this item at this time. BOARD OF SUPERVISORS MEETING REPORT- Honohan Honohan met with the Board of Supervisors. Supervisors agreed to put consideration of a new 28E Agreement on an upcoming work session. No date was given. The Commission would like to have a three-year agreement with the County. The Board also discussed the fact that Casserly's appointment expires at the end of June. Honohan offered that the Commission could continue with 8 Commissioners until there is a new 28E Agreement. Schintler submitted his resignation from the Commission. Schintler indicated he was resigning for health reasons and that the resignation would be effective immediately. MINUTES APPROVED/FINAL SENIOR CENTER COMMISSION TUESDAY, JUNE 17, 2003 VOLUNTEER RECOGNITION UPDATE- Benz The 2003 Volunteer Recognition Breakfast is on June 27, 2003 from 7:30-10:30 AM. This year's event will be a pancake breakfast with both commission and staff cooking and serving the volunteers. The SaxAttack, a trio from West High School, will be performing at the event. Senior Center memberships and Senior Center parking permits will be given away as door prizes during this event. McGovern pledged $200 to support the Volunteer Recognition event. SENIOR CENTER UPDATE Operations- Kopping Kopping reported that the modifications to the door access program are underway. The new membership (proximity) cards are in and cost $.30 per card less than expected. The Center's parking permit program for the Chauncey Swan ramp has been discontinued. The parking department discontinued the program after surveying use of the parking spaces and determining that usage by Center participants is very Iow. Kopping recommended expanding and modifying membership benefits in three ways. 1. Have memberships run for one year from the date of purchase rather than having them all expire every year on June 30. 2. Offer Senior Center members a 40% discount on evening and weekend room rental at the Center. 3. Offer a visitor or trial membership for $5/week, for a maximum period of two weeks a year. Commission discussed the recommendations. Motion: To accept all three recommendations for expanding membership benefits, Rowley/Schoenfelder, Motion carried on a vote of 7-0 Kopping and Buhman met with Finance Director Kevin O'Malley, and Budget Analyst Deb Mansfield and developed a plan for handling all revenue collected at the Center. Kopping distributed a copy of the Financial Plan Recommendations and reviewed it with the Commission. Commissioners will review the plan and discuss the it at the July meeting. Kopping reported that staff has been working with Document Services to create promotional and enrollment materials for the packet. Items such as pens and bags have been ordered. Kopping distributed a list of costs for these items. Programs- Seal Julie reported on events during July. See the Post for a full listing of programs in July. MINUTES APPROVED/FINAL SENIOR CENTER COMMISSION TUESDAY, JUNE 17, 2003 Volunteers- Rogusky Rogusky reported on the attendance for summer classes in the Center of Learning and distributed the summer programming for the Garden Club. The Memoirs Writing class, which met during the spring semester, had a reunion last Friday and plan to meet again in August. REPORTS FROM MAY COMMISSION VISITS City Council No report. COMMISSION DISCUSSION Rowley is writing the article for the July Post. Casserly will report to the Board of Supervisors next month Honohan will write the commission report for the August Post. Lori Benz will report to the City Council. Motion to adjourn, Motion carried on a vote of ?-0. Monsanto/$choenfelder MINUTES DRAFT SENIOR CENTER COMMISSION TUESDAY, AUG. 8, 2003 MEMBERS PRESENT: Lori Benz, Jay Honohan, Betty Kelly, Allan Monsanto, Charity Rowley, and Deb Schoenfelder MEMBERS ABSENT: STAFF PRESENT: Michelle Buhman, Assistant City Attorney Sue Dulek, Linda Kopping, and Julie Seal. GUESTS: Irene Bowers, Eve Casserly, Pat Ephgrave, William Laubengayer, Ina Lowenberg, Lee McGovern, Leslie Moore, Michael L. Stoffregen, Charlotte Walker, CALL TO ORDER MINUTES Motion: To approve the June minutes as distributed. Rowley/Monsanto. Motion carried on a vote of 6-0. PUBLIC DISCUSSION Casserly reported that JCCOG has published this year's directory of services and recommended a copy of the Service Directory be at the main desk in the lobby area. Kopping responded that the Senior Center purchases five copies of the directory every year and distributes them to appropriate staff. Walker expressed concern with the fact that in recent publications the Senior Center has been referred to as The Center. Kopping provided documentation showing that the Senior Center has intermittently been referred to as The Center in advertisements, Iogos, and promotional items for over ten years. Honohan indicated that the Commission intends to create a committee to investigate the feasibility of changing the name later this year. ACCEPT CORRESPONDENCE- Honohan Ephgrave Stager Richardson Motion to accept correspondence from Ephgrave, Stager and Richardson. Rowley/ Benz. Motion passed on a vote of 6-0. MINUTES DRAFT SENIOR CENTER COMMISSION TUESDAY, AUG. 8, 2003 COMMISSION RESOLUTION AND BY-LAWS- Honohan As of the June 30, 2003, the Johnson County Board of Supervisors terminated the 28 E Agreement with the city. As a result, the Board withdrew the three county appointees to the Commission. This leaves the Commission with the six members appointed by the City of Iowa City City Council. It was noted that the Commission needs to have an odd number of appointments in order to avoid tie votes. Honohan, Kopping, and Assistant City Attorney Sue Dulek drafted a resolution and Commission by-laws that was distributed in the Commission packet. These draft documents indicate the Commission will be comprised of seven members; six that are appointed by the Iowa City City Council and one at-large member appointed by the Commission. Honohan stated that the City Council's current policy is that they will only appoint residents from Iowa City to the Commission. However, in some cases, the Council has allowed the Board or Commission to appoint one additional member who does not necessarily reside within the city limits. He suggested that the at-large position described in the draft resolution and by-laws would help the Commission achieve broader representation by allowing for the selection a Commissioner who is not an Iowa City resident. If the Commission approves these draft documents they will be sent to the City Council Rules Committee for review. The Rules Committee will then make a recommendation to the City Council. The City Council has the final decision on this matter. Review and discussion of the draft resolution and by-laws followed. Benz asked for clarification pertaining to the "at large" position. The current wording does not state that the at large position will be open to Johnson County residents only. Honohan stated he felt that using that specific language would be restrictive. He believes the at large position should be open to anyone living in Johnson County. This way a qualified Johnson County resident could be appointed to the Commission whether he or she resided in Iowa City or other areas of Johnson County. The Commission could agree to give preference to applicants living outside of Iowa City. Kelly believed that the language of the resolution should limit applicants to someone living in Johnson County but outside the city limits of Iowa City. Cassedy distributed recommended wording for modifying the resolution that establishes the composition and duties of the Senior Center Commission. The proposal recommends a continuation of a nine-member commission with the City Council appointing six members from Iowa City area and three from outside the City limits. This proposal calls for 2/3rds, or 6, of the nine member Commission to be persons who are age eligible user of the Center. Dulek noted that it is not common practice for the City Council to appoint Board or Commission members who reside outside the City limits. Some of the members of the Commission expressed spoke out against restricting future Commissioners by age. This would limit the participation of many community members who have expertise and viewpoints that can be of benefit to the Center. MINUTES DRAFT SENIOR CENTER COMMISSION TUESDAY, AUG. 8, 2003 Ephgrave stated she hoped the Commission would consider including members from outside of the City limits. She noted that the growth of the senior population in Johnson County is outside the city limits of Iowa City. Lowenberg expressed support for the larger Commission proposed in the draft resolution presented by Casserly. She believe seven is a very small number for a board and that a nine-member board would provide a broader range of input. Motion: to accept resolution and by-laws as distributed in the commission packet, Rowley/Monsanto Motion to amend the resolution at paragraph one to include a statement following the words additional at large memberto state: "who is a qualified elector of Johnson County, Iowa" Benz/Rowley Motion passed on a vote of 4-2. Kelly and Schoenfelder opposed. Motion to accept the resolution and by-laws as amended. RowleylMonsanto. Motion passed on a vote of 6-0. THE COMMUNITY FOUNDATION- Stoffregen, Moore Stoffregen, Executive Director of the Community Foundation of Johnson County, and Moore, a founder and current member of the Foundation's Board of Directors, presented background information on how the Foundation began and gave a description of how it acquires, manages, and distributes funds. Stoffregen and Moore distributed printed materials describing the Foundation. A question and answer period followed. Commissioners decided to review the information for further discussion and possible action at the September meeting. VOLUNTEER RECOGNITION REVIEW- Benz Benz reported that the Volunteer Recognition program was tremendously successful. Many participants gave Commissioners and staff positive feedback about the event. NUTRITION PROGRAM UPDATE- Kopping Motion to approve the nutrition program lease as distributed in the Commission packets. Rowley/Monsanto. Motion passed on a vote of 6-0. The approved lease will be sent to Elder Services, Inc. for signatures, It will then go to the Iowa City City Council for final approval. FINANCIAL PLAN RECOMMENDATIONS- Kopping Motion to approve the Financial Plan Recommendations as distributed, Monsanto/Benz. Motion passed on a vote of 6-0. Kopping will send the approved financial plan to City Finance Director Kevin O'Malley and request that the appropriate account numbers be assigned. REPORT OF STATUS OF REQUEST FOR A NEW 28 E AGREEMENT WITH JOHNSON COUNTY BOARD OF SUPERVISORS- Honohan There has not been a meeting to discuss a new 28 E Agreement at this time. MINUTES DRAFT SENIOR CENTER COMMISSION TUESDAY, AUG. 8, 2003 SENIOR CENTER UPDATE Operations- Kopping Kopping reported that a letter was sent to local businesses in an effort to obtain discounts that could be offered as a benefit to current Senior Center members. A list of businesses that have agreed to participate in the program was distributed. Kopping plans to contact businesses who have not yet responded to this request later this month. Kopping reported that Barb Coffey and Jill Wenger of the city's Document Services Center spearheaded the coupon and discount program. Kopping and Seal detailed a list of special programs planned the week of Sept. 15, 2003. The programs will celebrate the Center's 22 anniversary as well as the fall class and program kickoff. For a detailed description of these programs see the September Post, Fall Program Guide. Kopping reported that several promotional efforts are in the planning stage. Staff has been working with the Coffey, Wenger and the Gazette to design and purchase several advertisements and a vendor tab that will appear in an upcoming edition of the Gazette. The advertisements will promote upcoming programs and special events. In addition, staff has been working closely with Coffey, Wenger and the Gazette to develop, print, and mail the September edition of the Post. The September edition will be a catalogue of Center classes, activities, and programs occurring from September 1, through December 31, of 2003. The catalogue will be mailed to members and others who request to be on the catalogue mailing list. It will appear on the website and be distributed at several locations throughout town. Kopping circulated a draft of the fall course catalog. Larger editions of the Post, like the one being distributed in September, will be mailed out three times a year--fall, spring and summer. Shorter, four page versions of the Post will be mailed to members only at the beginning of the other nine months of each year. Other community members will be able to pick up the newsletter at a variety of locations throughout town or view it on the website. It is hoped that the new format and mailing will ultimately reduce the overall cost of Post production. Programs- Seal Seal reported on events during August. See the August Post for a full listing of programs. Volunteers- Rogusky No report. Membership and Fundraising-Buhman Buhman reported that as of August 7, 2003: 420 people have registered as Senior Center members. 39 memberships have been sold at the discounted rate. Membership fees have generated $9,769.00 MINUTES DRAFT SENIOR CENTER COMMISSION TUESDAY, AUG. 8, 2003 > 52 people are participating in the Center Contributor program and have contributed $2,971.00 to the Operational Budget. > $1,497.00 has been donated to the Gift Fund. A copy of this report can be picked up at the Secretary's desk in the main lobby of the Center. REPORTS COMMISSION VISITS City Council - Benz Reported to the City Council and invited them to the Volunteer Recognition Breakfast. Board of Supervisors- No report. COMMISSION DISCUSSION Honohan will write Post article for the August 8th meeting. Board of Supervisors meeting -Send minutes. Honohan will visit the City Council. Motion to adjourn, Motion carried on a vote of $-0. Monsanto/Kelly City of Iowa City MEMORANDUM TO: City Council FROM: Susan Dulek, Ass't. City Attorney~> DATE: August 13, 2003 RE: Proposed Amendments to Bylaws for the Senior Center Commission Attached please find copies of the following: 1. Proposed bylaws for the Senior Center Commission (Commission); 2. Current bylaws for the Commission; and 3. Draft minutes from the Commission's meeting on August 8, 2003. The impetus for these amendments is the dissolution of the 28E Agreement with Johnson County. On the agenda for the September 9 meeting will be a resolution rescinding Resolution No. 94-309 and modifying the composition of the Commission in light of the dissolution, and these proposed bylaw are consistent with the pending resolution. As the minutes indicate, the Commission has approved these changes, and I have summarized below the major changes: Section 1. The bylaws previously did not include a purpose section. Sections 2.1, 2.4, and 2.5. The pending resolution creates an "at large" Commission member selected by the members who are appointed by the City Council, and these sections reflect that. Section3. Although the officers have not changed, the proposal calls for the three officers to constitute the Executive Committee. The remaining changes simply provide additional detail to the current bylaws and delete reference to Resolution No. 94-309. Copy to: Senior Center Commission Marian K. Karr Linda Kopping BY-LAWS IOWA CITY SENIOR CENTER COMMISSION Amended August 8, 2003 SECTION 1 PURPOSE The Senior Center Commission shall serve in an advisory role to the City Council of the City of Iowa City with regard to the needs of the Senior Center. 1.1 Duties The Commission shall carry out the duties enumerated by Resolution of the City Council of Iowa City. 1.2 Powers The Commission shall have those powers enumerated by Resolution of the City Council of Iowa City. SECTION 2 MEMBERSHIP Membership in the Commission shall be as specified by Resolution of the City Council of Iowa City. 2.1 Appointment All vacancies on the Senior Center Commission will be advertised in accordance with the policies of the City of Iowa City. Persons seeking to be appointed by the Iowa City City Council shall apply to said council for appointment, and said council will appoint members to the Commission as vacancies occur. Persons seeking the at-large appointment to the Commission shall apply to the Commission for appointment using a City of Iowa City application form for boards and commissions. Appointment requires a majority vote of at least four Commission members at any regular Commission meeting as vacancies occur. 2.2 Compensation and Expenses Commissioners shall serve without compensation but may be reimbursed for expenses incurred for travel outside of Johnson County on designated Commission business. Such expenses shall have prior approval by the City Manager of Iowa City upon the request of the Senior Center Coordinator. Receipts for all such expenses shall be stipulated to the City Manager of Iowa City through the Senior Center Coordinator prior to reimbursement for such expenses. 2.3 Orientation of New Members Prior to the first regular meeting following their appointment, new Commissioners shall be provided with copies of the By-Laws and other documentation that would be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the staff, the Commission and others as may be deemed appropriate. c:\tem p~by-lawrevisiond raft 12003_.doc 1 8/11/03 2.4 Absences Commission members are expected to attend all scheduled meetings. In the event this is not possible, a member is expected to notify an officer or Senior Center Coordinator of his/her anticipated absence. In the event that a City Council appointee to the Commission misses three (3) consecutive meetings without notification, the Commission may request of the Iowa City City Council that the member be replaced. In the event that the at-large member of the Commission misses three (3) consecutive meetings without notification, the Commission, by vote of at least four Commission members at any regular Commission meeting, may elect to replace that member. 2.5 Resi.qnations If any member is unable to continue carrying out the duties of membership for any reason, the member, if appointed by the City Council, shall send a letter of resignation to the City Council with a copy to the Commission. The at-large member of the Commission shall send a letter of resignation to the Commission with a copy to the City Council. The appointing body shall then appoint a person to fill out that term. 2.6 Unexpired Terms If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the appointing body may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through the subsequent regular term. Time spent filling an unexpired term shall not be considered when tallying the number of terms served by a Commissioner. SECTION 3 OFFICERS The Commission shall be governed by three officers, the Chairperson, Vice Chairperson and Secretary. This group shall constitute the Executive Committee. 3.1 Duties All officers are to participate in an agenda planning meeting with the Senior Center Coordinator prior to each regularly scheduled Commission meeting. 3.1.1 Chairperson The Chairperson shall, when present, preside at all meetings, call special meetings as provided for under the Meetings section of these By-Laws, appoint special committees and in general perform all duties incident to those of a presiding officer. c:\tem p~by-lawrevisiondraff 12003_.doc 2 8/11/03 3.1.2 Vice Chairperson The Vice Chairperson shall perform all functions of the Chairperson, as described in the preceding subsection, in the event the Chairperson is absent. 3.1.3 Secretary The Secretary shall review the draft minutes of all Commission meetings prior to distribution and ensure that they are distributed as spelled out in section 4.6 of the Senior Center Commission By- Laws. 3.1.4 Election Officers shall be elected annually at the December meeting of the Commission, or as soon thereafter as can be arranged. Members of the Commission whose terms are expiring at the end of the year shall compose a Nominations Committee which shall propose nominees for the positions. Any Commission member may move the nomination of additional nominees for the positions. Officers shall serve for a term of one year. 3.1.5 Vacancies In the event an office becomes vacant during the year the position shall be filled by an election held at the next regular meeting. Nominations for the position shall be made by members of the Commission and the newly-elected officer shall serve until the next regular election. SECTION 4 MEETINGS 4.1 Regular Meetin,qs 4.1.1 Schedule Regular meetings of the Commission shall be held monthly at the Senior Center. 4.1.2 Notice and Agenda The meeting agenda and notice of meeting time and place shall be sent to the Commission members and the media at least three (3) days prior to regular meetings. Additionally, both notice of the meeting and the agenda shall be posted in the Senior Center a minimum of 24 hours prior to the scheduled beginning of the meeting. 4.2 Special Meetings 4.2.1 Schedule Special meetings of the Commission may be called by the Chairperson or acting Chairperson as deemed necessary. Additionally, special meetings shall be called at the request of any three (3) or more Commission members. c:\temp~by-lawrevisiond raft 12003_.doc 3 8/11/03 4.2.2 Notice and Agenda Special meetings may be called upon notice by telephone not less than 24 hours before the meetings and 72 hours before the meeting if a written notice of a special meeting is given. If for good cause such notice is impossible or impractical these notice requirements may be waived and such notice shall be given as is reasonably possible. When notice is waived for good cause, the nature of the good cause justifying the departure from the normal requirements shall be stated in the minutes of the special meeting. In addition, the minutes shall set out the manner of notification of Commission members of the call of the special meeting. 4.3 Quorum A majority of the Commission membership shall constitute a quorum for the conduct of business at any regular or special meeting. Votes from a majority of those present shall be sufficient to pass any item brought before the Commission except for those votes related to membership on the Commission. 4.4 Proxies Proxy voting shall not be permitted. 4.5 Public Discussion Time shall be made available at the beginning of any regular meeting for public comment on any topic not on the agenda. No individual shall be permitted to speak for more than 5 minutes and, at the discretion of the meeting Chairperson, total public discussion time may be limited to 15 minutes. Public comments, under the same limitations, shall be permitted prior to the Commission's actions on any agenda item at a regular or special meeting. 4.6 Minutes The minutes of all regular meetings shall be prepared and distributed to the Senior Center Commission at least three (3) days prior to the next scheduled meeting of the Senior Center Commission. The minutes, in either a draft or approved format, shall be submitted to the City Council of Iowa City within twenty-one (21) days of the meeting. A copy of the approved minutes shall be distributed to the City Manager and City Council as soon as they become available. 4.7 Meetings with the City Council of Iowa City If the Commission or members of the Commission meet with the City Council of the City of Iowa City at a regular meeting, a recess in the Council meeting, or immediately after the Council meeting of the City Council of Iowa City, said meeting may be conducted without notice as required by §21.4 of the Code of Iowa if the meeting is publicly announced at the City Council meeting and the subject of the Commission meeting reasonably coincides with the subjects discussed or acted upon by the City Council. c:\temp~by-lawrevisiond raft 12003_.doc 4 8/11/03 4.8 Attendance at Related MeetinRs The Commission Chair or designated representative(s) may be requested to be in attendance at any council, board of committee meeting at which matters pertaining to the Commission's responsibilities or Senior Center financing are to be discussed or acted upon. SECTION 5 COMMITTEES AND ADVISORY GROUPS 5.1 Committees The Commission may establish such committees as deemed appropriate to per[orm the duties of the Commission. The Commission shall specify the composition, duties, and terms of any such committee. 5.2 Advisory Groups The Commission may define and authorize advisory groups comprised of participants, community members, staff, and/or Commissioners. Such groups shall serve without compensation and report back to the Commission as needed. SECTION 6 AMENDMENTS 6.1 Amendments to the By-Laws These By-Laws may be amended or repealed and replaced by vote of at least five Commission members at any Commission meeting. Any proposed changes to these By-Laws shall be submitted to the Commission at least 14 days prior to such vote. Following Commission approval, all amendments to the By-Laws must also be approved by the Iowa City City Council at which time they become effective. Approved on: Chair, Senior Center Commission c:\temp~y-lawrevisiond raft 12003_.doc 5 8/11/03 BY-LAWS IOWA CITY SENIOR CENTER COMMISSION Amended July 17, 1995 ARTICLE I. MEETINGS. Section 1. Regular Meetings. Regular meetings of this Commission shall be held each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chair, and shall be called by the Chair or by the Vice-Chair at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular meetings shall be held at the Senior Center. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required. Included in this notice shall be: time, date, place of meeting and tentative agenda. Notice shall be sent to all Commission members as well as posted in a permanent place in the building of the government agency. Meetings may be called upon notice by telephone not less than 24 hours before the meetings and three days if a written notice of a special meeting is given, unless for good cause such notice is impossible or impractical. In such cases, such notice as is reasonable shall be provided. News agencies who have filed requests for such notices shall be informed by the staff in a similar fashion. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting. A majority of votes cast at any meeting shall be decisive for any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Public and open discussion on any one item will be limited to ten minutes. ARTICLE II. MEMBERSHIP. Section 1. Qualifications. According to Ordinance No. 84-3206 adopted 9/25/84, by the City of Iowa City, the Senior Center Commission shall consist of nine members. All members of the Commission shall be qualified electors of Johnson County, Iowa. Members of the entire Senior Center Commission cannot serve concurrently on the Council of Elders. Section 2. Term of Office. The Johnson County Board of Supervisors shall appoint three members. The City Council of Iowa City shall appoint six members. Appointments shall be for a period of three years. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through the subsequent regular term. Section 3. Compensation and Expenses. Commissioners shall serve without compensation but may be reimbursed for expenses incurred for travel outside of Johnson County on designated Commission business. Such expenses must have prior approval by the City Manager of Iowa City upon the request of the Senior Center Coordinator. Receipts for all such expenses shall be stipulated to the City Manager of Iowa City through the Senior Center Coordinator prior to reimbursement for such expenses. Section 4. Orientation for New Commissioners. Prior to the first regular meeting following their appointment, new Commissioners shall be provided with copies of the By-Laws, and other documentation that would be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the staff, the Commission and others as may be deemed appropriate. Section 5. Absences. Three consecutive unexplained absences of a Commission member from regular meetings may result in a recommendation to the appropriate body from the Commission to discharge said member and appoint a new Commissioner. Section 6. Vacancies. Any vacancy on the Commission shall be filled by the appropriate governing body. Section 7. Resignation. Resignations should be submitted in writing to the appropriate governing body and a copy sent to the Senior Center Commission. ARTICLE III. OFFICERS. Section 1. Number. The officers of this Commission shall be a Chairperson, Vice Chairperson and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the regular December meeting each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office shall be filled by the Commissioners as provided in Section 1 above for the unexpired portion of the term. Section 4. Chair. The Chair shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of the Chair, and such other duties as may be prescribed by the members from time to time. The Chair will attend an agenda planning meeting with the Senior Center Coordinator prior to the Commission monthly meeting. Section 5. Vice-Chair. In the absence of the Chair, the Vice-Chair shall perform the duties of the Chair and when so acting shall have all the powers of and be subject to all restrictions upon the Chair. The Vice-Chair will attend an agenda planning meeting with the Senior Center Coordinator prior to the Commission monthly meeting. Section 6. Secretary. The Secretary shall have the responsibility of ensuring that the Commission's minutes are accurate and circulated as prescribed. The Secretary will attend an agenda planning meeting with the Senior Center Coordinator prior to the Commission monthly meeting. ARTICLE IV. DUTIES. Section 1. The Commission shall have the following responsibilities: A. Serve primarily as an advisory body to the City Council of Iowa City and the Johnson County Board of Supervisors. B. Ensure that Senior Center objectives are carried out through a review of program statistics and reports supplied by staff, as well as general questioning concerning Center activities. C. Consider and act on recommendations from the Council of Elders and other relevant committees and volunteers as to establishing or changing Senior Center policies and programs. D. Ensure that the Senior Center is effectively integrated into the community and with other related organizations by assisting in public relations functions. E. Cooperate closely with the staff and other relevant persons in supporting attempts to secure adequate financial resources for the operation of the Senior Center. F. Provide to the Senior Center the full support, prestige, and community leadership of the Commission itself and of its individual members. G. To serve in an advocacy role toward meeting the needs of all elderly in Johnson County. Section 2. Powers. The Commission shall have the following powers: A. Review requests and recommend action on non-routine use of space in the Senior Center by various agencies and organizations. B. Recommend and review acquisition and disposition of gifts and donations. 4 C. Recommend and review policies, rules, regulations, ordinances and budgets relating to the Senior Center services and programs. D. Prepare an annual report of Senior Center activities and accomplishments. Section 3. Coordination and Cooperation with Other Government Entities. The Commission shall coordinate and cooperate, where applicable, with other City and County advisory bodies and governmental entities on matters of mutual concern. Section 4. Grant Review. When appropriate, grant applications which would affect the operation of the Senior Center shall be submitted to the Commission for its recommendations. ARTICLE V. ORGANIZATION OF COMMISSION BUSINESS. Section 1. Committees. Establish the Committees of the Commission, including composition, duties and terms. Section 2. Secretary. A. A Secretary will be a Commission member and shall be in attendance for all regular and special meetings. Section 3. Agenda. The Chair, Vice-Chair, and Secretary, together with staff assistance, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members and the media, where appropriate, at least three days prior to regular meetings. Section 4. Minutes. Minutes of all regular meetings are to be prepared and distributed to all Commission members, the Johnson County Board of Supervisors and the City Council of Iowa City. Commission members and the Johnson County Board of Supervisor shall receive unapproved copies of the minutes at least three days prior to the next scheduled meeting. Section 5. Attendance at Special Meetin.qs. The Commission Chair or designated representatives may be requested to be in attendance at any City Council or County Board of Supervisors meetings, including informal sessions at which matters pertaining to the Commission's responsibilities are to be discussed or action taken. ARTICLE VI. AMENDMENTS. These By-Laws may be amended or repealed by at least five Commission members and new By-Laws adopted by the Commission at any regular meeting. The proposed changes in the adopted or amended By-Laws shall be submitted to the members of the Commission 14 days prior to consideration and adoption. Such changes shall require an affirmative vote by at least five members of the Commission. Amendments shall be approved by the Council and Supervisors to become effective. Srctr~bylaws1995.doc