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HomeMy WebLinkAbout2003-11-20 Info Packet CITY COUNCIL INFORMATION PACKET CiTY OF IOWA CITY November 20, 2003 www.ic,qov.or.q I M SCE'LA. EOUS TEMS I IP1 Memorandum from City Manager: Upcoming for 2004 IP2 Memorandum from Cable TV Administrator: Upcoming Live Avatar Show IP3 Memorandum from Director of Public Works to City Manager: Homeland Security IP4 Memorandum from Transit Manager to City Manager: Eastside Loop Route IP5 Letter from Patricia M. McCauley to City Manager: Complaint Filed with the U.S. Department of Housing and Urban Development (HUD) - 64.'1a Property by James Knapp. IP6 Iowa City Police Department Monthly Liquor License (OFF PREMISE SALES Report - October 2003 IP7 Memorandum from Council Member Kanner: Analysis of "FY '03 Budget to Actual" Report IP8 Article [The Boston Globe]: Some officers of charities steer assets to selves [Pfab] IP9 Article [The Daily Iowan]: Kanner warns that utility will fight public electricity [Kanner] IP10 Newsletter: EClCOG Express November-December 2003 [VVilburn] IPll Economic Development Commission Minutes: October 7 I PRELIMINARY/DRAFT MINUTES I IP12 Animal Care and Adoption Center Advisory Board: August 13 IP13 Animal Care and Adoption Center Advisory Board: October 29 IP14 Historic Preservation Commission: November 13 IP15 Iowa City Public Library Board of Trustees: October 23 IP16 Iowa City Telecommunications Commission: October 27 IP17 Planning and Zoning Commission: November 6 City of Iowa City MEMORANDUM DATE: November 12, 2003 TO: City Council FROM: City Manager RE: Upcoming for 2004 1. Airport a. Business Plan b. Agreement on long term finance 2. Budget Review - likely further reductions in State aid 3. Development Code - review and update 4. Public Power a. Next steps b. Budget 5. Stormwater management- compliance with Federal regulations 6. Collective bargaining - all groups 7. Self-Supporting Municipal Improvement District for downtown 8. Anniversary of 19 and under ordinance 9. Bus depot and daycare center for new Court Street Transportation Center 10. Open new library 11. What to do with old Bus Depot at Gilbert and College? 12. Anniversary of Neighborhood Housing Task Force proposals. cc: Council-elect Department Directors mgrt. memos\pending2004 doc 11/17/2003 ~C~[~ 0~ To: City Council From: Drew Shaffer Re: Upcoming Live Avatar Show Monday, December 8th at 7 P.M. the next Avatar Live! show will be cablecast on City Channel 4. The title of this program is "Why Vote?" The guests include representatives from the District-wide Parents' Organization and the League of Women Voters. The Avatar Project is a community knowledge-sharing service, designed to involve citizens in enhancing and building community. If you have any questions please feel free to contact me at 356-5046 or Chey Ness, Special Project Coordinator who will be the host of the show, at 356-5439, ext. 4. 4t0 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-S000 · FAX (319) 356-5009 City of Iowa City / -- o-o3 E ORA DU TO: Steve Atkins FROM: Rick Fosse ~/'¢r'-'~lc~ DATE: November 19, 2003 RE: Homeland Security Over the past year, I have served on an advisory committee to Iowa's Homeland Security and Emergency Management Division. I have been appointed to represent the public works perspective and serve with representatives from law enforcement, fire, emergency medical services and hospitals. Last week our committee had an opportunity to meet with Secretary Tom Ridge and the Governor to discuss state and federal policy issues concerning homeland security. It was an interesting meeting that touched on a number of topics. Secretary Ridge asked a number of questions and shared with us his philosophy that homeland security measures are best conceived and implemented on a local level rather than being dictated by the federal government. He also favors investments in security measures that serve a dual purpose. For example, certain equipment purchases that better prepare a haz-mat team to respond to a chemical or biological threat will also better prepare them to respond to a chemical spill. One of his major goals is to facilitate prompt and efficient administration of federal grants for these efforts. Date: November 13, 2003 To: Steve Atkins, City Manager From: Ron Logsden, Transit Manager Re: Eastside Loop Route We have had requests to extend the Eastside Loop route to provide service to Windsor Ridge. This extension would involve going East on Court from Scott Blvd. to Arlington. We would then take Arlington to American Legion Road and back to Scott Blvd. This extension would take an additional 6 minutes. Since this route only runs twice a day only when the Iowa City Community Schools are in session, it would add 12 minutes a day. At the same time we are proposing to make this change, we are also proposing to shorten the afternoon run by 17 minutes since no one is riding after the bus leaves Sycamore Mall the second time. The net effect of these two changes would be to cut the route by 5 minutes per day and saving approximately $525 per year. If approved we would start serving Windsor Ridge with the Eastside Loop route when school resumes in January after the Holiday Break. Cc: Joe Fowler, Director Parking and Transit Nebraska State Office Executive Tower Centre 10909 Mill Valley Road Omaha, Nebraska 68154-3955 November 13, 2003 Mr. Stephen J. Atkins, City Manager ~" ~ ~'~ Civic Center 410 East Washington Iowa City, IA 52240 Dear Mr. Atkins: We have received and reviewed your letter dated November 10, 2003, in reference to Mr. James Knapp's concerns with Iowa City's developer selection process and sale price of the 64-1a property. As a result of this review we have concluded that the city has satisfactorily addressed Mr. Knapp's issues. We have advised Mr. Knapp in a letter dated November 13, 2003, that we consider the matter resolved. In addition, we have urged him to continue his efforts to partake in the public participation process the city provides. Should you have any questions, please contact Ms. Barbara Koehn, Community Planning and Development Representative, at 402-492-3123. Sincerely, Patricia M. McCauley Program Manager Community Planning and Development Division cc: Mr. Steve Nasby Iowa City Police Department IP6 Monthly Liquor License (OFF PREMISE SALES) Report October 2003 YEAR 2002 ' Total Year to Date Totals Arrest/Visit Business Name A B YTD A&J MINI MART-2153 ACT CIR. 0.00 AAJAXXX LIQUOR STORE 0.00 BIG KMART-HOLLYVVOOD BLVD 0.00 CUB FOODS 0,00 DAN'S SHORT STOP CORP ' 0.00 DELIMART - E. BENTON 1 ' 0.00 DELI-MART - MORMON TREK '" 0.00 DELIMART-HWY 1 0.00 DELIMART-LWR MUSCATINE DOC'S STANDARD 0.00 DRUGTOWN .... ''' 0 0.00 EAGLE FOOD CENTER- N.DOD. 0.00 FAREWAYSTORES INC i 2 0.00 GASBY'S - S. GILBERT 9 0.00 GASBY'S EAST - 2303 MUSCAT. 9 0.00 HANDIMART - DUBUQUE ST. 0.00 HANDIMART - N.DODGE 0.00 HANDIMART - WILLOWCREEK 0.00 HARTIG DRUG - MORMON TREK 0.00 HAWKEYE CON ST - Commerce 0.00 HAWKEYE CON ST-KIRKWOOD 0 0.00 HY-VEE- N. DODGE ST 0.00 HY-VEE- S. 1ST AVE 1 0 0.00 HY-VEE- WATERFRONT 6 0.00 JOHN'S GROCERY INC 0.00 KUM & GO - GILBERT/BURL, 7 44 , 0 0.00 0 0.00 KUM & GO ~ MORMON TREK 1 18 KUM & GO- S. RIVERSIDE 1 14 0.00 KUM & GO- W. BURLINGTON ST 19 0.00 L&M MIGHTY SHOP INC 4 0.00 LIQOUR HOUSE ' 0.00 LINN STREET CAF~ 0 0 00 MINI MART ;',, , 0 0.00 NEW PIONEER COOP .... " 0 0.00 .... I 0.00 NORTH DODGE EXPRESS ON THE GO CONV. STORE INC. "" ....... 0.00 Column A is the number of times a license holder is visited specifically checking for underage sales. Column B is the number of people charged with possession under the legal age. Note this is not the total number of charges. Iowa City Police Department Monthly Liquor License (OFF PREMISE SALES) Report October 2003 YEAR 2002 !Monthly Total Year to Date Totals Arrest/Visit Business Name A J I B A ~ I B I : YTD OSCO DRUG 0.00 PANCHEROS 0 0.00 7 0.00 PETRO-N-PROVISIONS PIZZA PALACE 0 0.00 RUSS' AMOCO SERVICE 0.00 SUBURBAN AMOCO 0.00 SUBURBAN AMOCO-KEOKUK 0.00 T&M MINI MART 0.00 TOBACCO OUTLET PLIJ~ ~. RiV 1 0.00 WALGREENS 0.00 TOTAL 0.00 Column A is the number of times a license holder is vis[ted specifically checking for underage sales. Column B is the number of people charged with possession under the legal age. Note this is not the total number of charges. STEVEN K A N I',J_E ¢i il b Home Address: 650 ~ Governor, #1, lowa Clty, To: City Council From: Steven Kanner .-< r- ~-T'] Date: 11/16/03 Re: Analysis of"FY '03 Budget to Actual" Report Thanks to Kevin O'Malley, finance director for his departmant~ "FY 2003 Budget to Actual for the Twelve Months Ending June 30, 2003 - An analysis of revenues, expenditures and current cash position for operating acaount,' (The Report). This analysis is a valuable tool that City Council and the public can use to see how our staff is performin8 in relation to projected City Council approved budgets. It alsu~llows for public debate on how City Council might want to change its policy in eertmn areas/City operations. Here are a few interesting observations and suggestions: I) GENERAL FUND - REVENUES/EXPENDITURES A. Revenues at 98% of budget ($40.86 million.); Expenditures at 94% of budget ($39.90 mil.) B. This translates to a net gain of $1.73 rail. to the City coffers over what was budgeted. II) GENERAL FUND - MAGISTRATE COURT FINES A. Up to 132 % of budget (to $330,769). This is an 18% increase over this time last year. B. The Report writes, "This... is due in part to a significant increase in PAULA convictions (Possession of Alcohol Under the Legal Age)." C. I would recommend that Council use some of this money to support efforts to combat the negative effects of binge drinking: Increase aid to alcohol/drug treatment centers; Support the Iowa City School Districts new health programs that replaced the DARE program; positive neighborhood programs like a free city sponsored mediation program; etc. III) GENERAL FUND - RECREATION FUNDS A) Down to 77% of budget (to $526,000);This is a 1% decrease over this time last year. B) The Report states, "...Fee revenue estimates are based on the average attendance for each program over the past 3-5 years. In FY2003 swimming pool and summer camp attendance were down from prior years. Recreation staff continue to monitor attendance in the various programs in order to fit the changing needs and interests of the community." C) In my tour of City facilities last year it was a pleasure to hear from staff that there were large turnouts for many youth activities like dances and weekend parties at Mercer Rec. Clx. IV) GENERAL FUND - TRANSIT FEES A) Up to 127% of budget (to $770,824); This is aa 18% inereese over this time last year. B) The Report states, this is "...due in part to increased use of University subsidized bus passes by students and faculty/staff." C) Lq folks are able to buy monthly passes for less then half the $25 cost. And it is taken out of their paychecks before taxes are deducted. Thus they save even more. D) IoWa City employees are able to buy ½ priced bus passes. E) Iowa City employees are also able to purchase parking permit passes for ½ price (current price to public is about $507). This is a greater subsidy to the employee and gives less incentive to take public transit. In addition, there is not a waiting list of people waiting to purchase bus passes, unlike our parking ramps where there are large amounts of car drivers waiting to pay full price for a ramp permit. Since most of our buses don't ride at full capacity, it costs us nothing to provide bus passes and one could argue that employees bus pass purchases (at any price) are subsidizing the transit system. On the other hand, taxpayers are subsidizing employee parking permit benefits to the tune of about $25 per employee permit (fi.om lost revenue of public permit purchase.) F) I would suggest that when Council talks about going to an employee cafeteria/flex plan of benefits, that subsidized parking permits be thrown into the mix. In other words, employee could pick ~A priced parking permits, or child care reimbursement, or reduced health care benefits, etc. At the same time consider giving out flee bus passes to encourage environmentally, and cost efficient transit ridership. V) GENERAL FUND - GAS & ELECTRIC TAX A) Taxes down to 93% of budget (to $399,073). This revenue is essentially the same as last year. B) As noted in a previous memo from Finance, the state has changed the way municipalities can collect taxes fi.om private elechi~gas companies. We are changing from a property tax system to a tax system that is based on the amount of electricity/gas sold. During the transition period of three years the amount of revenue that Iowa City was to receive was based in part on the assessed value of MidAmericam's property (distribution system, etc.) in Iowa City. MidAmerican went to court saying that their property was not worth as much as had been proposed. They won the ease, and thus our revenues fi.om them is less then expected. C) Perhaps, this above information could be used to help the City of Iowa City in its case for Muny Electric - showing that the distribution system could have different values, perhaps less then MidAmerican claims. VI) GENERAL FUND - PUBLIC SAFETY GRANTS A) Revenue up to 120% of budget (to $147,970). This is 7% less then last year. B ) Finance speculates that most of this increase is because of the Fire Dept.'s grant for the new Safety Trailer. C) It also points to weakness of the federal program of the late 90's that paid close to 60% of a new police officer's salary. Iowa City increased its police force by 14 officers since 1996, in part because of these grants. All of the federal money for these grants ran out by the early part of the 2000's. Thus, aside fi.om the Safety Trailer grant, Public Safety grants were lower then in the previous year. D) I would recommend that the City Council begin a year long process to involve our community in helping to determine what size we want for a police force and where we want them to emphasize their efforts. VII) ENTERPRISE FUND - PARKING: ENDING CASH BALANCE A) Ending Cash Balance is over six times budget (to $450,000) B) This money will be used to help make a final payment of about $600,000 to contractors for the two-year-old parking ramp on Iowa Ave. (Tower Place). VIII) ENTERPRISE FUND - PARKING: TOWER PLACE RAMP A) Down to 92% of budget (to $319,024). This is 39°/0 more then last year. B) Why is ramp revenue lower then budgeted?; C) Overall revenue is higher then last year because the ramp was not in operation a full year. -2- D) Meter fees are up, which indicates to me there is room for even more increase without losing customer base for downtown. IX) ENTERPRISE FUND- WASTEWATER OPERATIONS: EXPENDITURES & ENDING CASH BALANCE A) Expenditures are down to 88% of budget (to $12.86 mil.) This is 12% less then last year B) Ending Cash Balance is at $3.9 mil., "above the recommended 20% of expenditures..." C) The Report states that expenditures are down because there are less capitol projects. D) I would propose that the City consider lowering the high rates that water/wastewater users pay in Iowa City. Stm°fhas been discussing this issue and according to Finance is considering other uses for the excessive funds: using some of reserves to finance sewer projects in the northeast part of Iowa City. X) ENTERPRISE FUND - WATER OPERATIONS: EXPENDITURES & ENDING CASH BALANCE A) Expenditures are down to 82% of budget (to $8.67 mil.) This is 49% less then last year. B) Ending Cash Balance is at $6.38 mil., "above the recommended 20% of expenditures..." C) Water rates were reduced 7/1/03 by 5% by Council. D) I would recommend lowering rates even lower. Finance and staff urge waiting for one full year of operation of the new water plant before changing rates again. I don't know if we can afford to wait that long. Water/sewer rates are extremely high and hit low/moderate income folks the hardest. XI) ENTERPRISE FUND - LANDFILL OPERATIONS: REVENUE & ENDING CASH BALANCE A) Revenue is up to 125% of budget (to $3.88 mil.). This is 26% less then last year. 1. Why is it 26% less then last year? B) Ending Cash Balance is at $9.2 mil. The Report states that it "is in accordance with state reserve requirements and is being monitored by Finance Administration." C) Landfill reserves have been used in past to loan money for capital projects at the Airpo~ the Senior Center and the Recreation Center. D) ARer conversations with Finance, it is my belief that we have millions of dollars above what is required for Landfill closure funds and sound financial practices of keeping 20% of expenditures in reserves. 1. Because from an environmental perspective we don't want to encourage more waste production by lowering tipping fees, the City should consider implementing the following proposals: a. Have the Landfill Reserve Fund loan the General Fund money. This loan would be paid back, with interest, when the economy and tax revenue are in healthier positions; b. Initiate strong educational/organizing campaign (with incentives) to move up the "Three R's" hierarchy - keep stressing Recycling, start education on Reuse (with eventual move up to Reduction); c. Initiate strong educational/organizing campaign to do home composting of yard, home and leaf wastes; d. Initiate Citizen's Committee to brainstorm on waste issues (include proposing budget and ways to legally reclaim flow control for Iowa City; etc.). .$- XII) OTHER FUNDS - INFORMATION TECHNOLOGY SERVICES A) Services and Charges is up to 155% of budget (to $339,986). This is 8% more then last year. B) The Report states, "Professional consulting costs for network administration and the development, maintenance and administration of the City's web page were budgeted at $99,000 and totaled $205,955..."' C) An administrative change being implemented for FY '04 is to internally charge City departments for Web design. This should help with increasing revenues for ITS. D) City uses outside consultant for Web page. I recommend we consider not using consultant as much, if at all. E) We need to examine myth that ever increasing computer use is end all in providing lower costs and increased efficiency. At some point we may want to hold offon these ever increasing costs. 1. Finance says that they are holding back a little bit by not upgrading computer soRware as often. This is a good start. XlII) OTHER FUNDS - EQUIPMENT/FLEET MAINTENANCE A) Revenue is up to 110% of budget (to $1.75 mil.). This is 13% more then last year. 1. Not quite sure why this is. 2. Funds are generated by charges to City departments. XIV) OTHER FUNDS - CENTRAL SERVICES A) Revenue is downs to 92% of budget (to $233,026). This is 2% less then last year. 1. Not quite sure why this is. The Report states that "mailing/postage charges to departments and divisions at 71% of budget.' 2. 97% of funds are generated by charges to City departments. B) Central Services "division accounts for the centralized purchase of paper and printing supplies, distribution and chargebacks of U.S. mail and the purchase/lease of City-owned copy and fax machines. This division is also responsible for the administration of RFP's and service contracts." Boston.com / News / Nation / Some officers of charities steer assets to selves Page 1 of 5 Marian Kart From: Irvin Pfab [iplab@avalon.net] Sent: Monday, November 17, 2003 3:37 PM To: Iowa City City Council Subject: 10903fw..Some officers of charities steer assets to selves: The Boston Globe, by Globe staff - Spotlight SPOTLIGHT ~ ~i09tOI1 ~0§1~ Some officers of charities steer assets to selves By Globe Staff, 101912003 This article was reported and written by the Globe Spotlight Team: Reporters Beth Healy, Francia Latour, Sacha Pfeiffer, and Michael Rezendas, and editor Walter V. Robinson. First in a series of occasional articles. When Jennifer Felton Cabot was married in November 2001, in Boca Grande, Fla., where her parents have a winter compound on the Gulf of Mexico, the wedding announcement appeared in The New York Times. And her father, Paul C. Cabot Jr. of Needham, made sure the ceremony was a top-shelf event. The wedding, he said this week, cost almost $200,000. Now, questions about the source of the $200,000 may eclipse the wedding memories. Cabot, the son of legendary Boston investment banker and Harvard treasurer Paul C. Cabot, paid for the wedding by using funds from a foundation his late father established to benefit tax-exempt charitable causes. For Cabot, charity indeed begins at home: From 1998 through 2002, he tapped the assets of the Paul and Virginia Cabot Charitable Trust, of which he is a trustee, to pay himself $5,185,216. His annual salary topped out at $1.4 million in 2001 -- a year in which, he says, he gave himself a raise to help pay for the wedding. During the same five years, Cabot donated an average of $400,000 a year to charities; and the foundation's assets have now dwindled to $5 million. The vast majority of private charitable foundations -- there are more than 60,000 of them in the United States -- are governed by trustees who take no compensation at all. But an investigation by the Globe Spotlight Team has found scores of foundations whose tax returns show that officers and directors are themselves the principal beneficiaries of foundation assets that are intended for charitable causes. In some cases, pay to foundation officers exceeds annual donations, draining away funds that could otherwise suppod hard-pressed charities. Federal rules governing foundations require that any compensation be "reasonable." Some examples that appear to flout that federal guideline: · A gilded retirement package for the head of The William T. Morris Foundation of New York. The foundation more than tripled its president's compensation to more than $900,000 between 1997 and 2001. An $88,000-a-year foundation employee also doubles as a driver for the president, who is 86 and semiretired. , The Hocker Foundation of Rancho Santa Fe, Calif., which wrote just three grants over four years, a total of $265,000 that all went to one charity, a hospital. During the same four years, the trustee, who lists himself as a full-time employee, was paid $580,000. He also violated rules governing private foundations when he took a personal loan from the foundation for $200,000, which he repaid. · A San Francisco-area foundation, Franklin Holding Corp., paid its chairman $3.5 million in 1998. That year, its charitable donations amounted to just $1.6 million, all of that donated to a hospital. l 1/17/03 Boston.com / News / Nation / Some officers of charities steer assets to selves Page 2 of 5 · The kucille and Vic Wertz Foundation of Chicago, endowed by Wertz, a one-time Red Sox and Detroit Tigers slugger. After Wertz's widow died, her two brothers took control of the foundation. Over one recent five-year stretch, they paid themselves more than $1 million in trustee fees from the $7 million in assets, while donating only to $175,000 to charities. Wertz's philanthropic focus on youth groups has been largely abandoned. The brothers, Richard T. and George T. Caleel, did not respond to repeated requests for an interview. · The Gerda Lissner Foundation in New York was created to give grants to talented young opera singers, but its assets have dropped from $16.2 million to $12.4 million since 1998. During the same period, foundation director Betty Smith's salary has more than doubled, from $114,583 to $281,153. Smith said the foundation's board decided the raises were merited. But one of the board's directors, Edmund W. Badgley, said he never voted for any increase, and expressed surprise at Smith's compensation. Smith said Badgley was not present at meetings in which the raises were approved. The world of foundations and trusts is regulated by the Internal Revenue Service and state attorneys general. But in practice, these charitable organizations operate virtually without scrutiny. The IRS audits only about 120 private foundations a year. And few states have the resources to keep track of the annual tax returns that flood their offices. In an interview yesterday, Jamie Katz., chief of the Massachusetts attorney general's public charities division, said that because of an "antiquated database," his office does not even know how many private foundations -- those established by individuals -- there are among the 22,000 public charities in the state. And because private foundations operate largely out of public view, Katz said, complaints about them are rare. Foundation directors defend hefty annual fees, even when their roles require only occasional involvement. And there are many whose roles fit that description. A Globe analysis of public federal tax filings by thousands of foundations found hundreds of cases around the country where people who oversee charitable foundations received tens of thousands - and sometimes hundreds of thousands of dollars - for attending a handful of annual meetings. In some instances, the tax returns show that well-paid directors worked "zero" hours. In others, the duties are minimal. For example, the charter of a $28 million Philadelphia foundation, the George Jr. and Harriet E Woodward Trust, dictates that the same seven charities receive the same grants each year. Nonetheless, payments to the two trustees averaged more than $100,000 a year between 1998 and 2002. And in Danville, Va., the three non-bank trustees of the $21 million Carrington Charitable Trust have received annual fees averaging more than $40,000 each, even though the foundation tax returns report that they spend just 15 minutes a week on foundation business. That's a compensation rate of more than $3,350 an hour. In an interview last week, trustee B. Carrington Bidgood said the tax return actually overstates his commitment. "Five minutes," he replied when asked how much time he devotes weekly to the foundation. "1 don't keep track of all that. We have one meeting a year, and that's all," Bidgood said. In the face of inaction by the Internal Revenue Service and state regulators, even obvious cases of excessive compensation almost always escape official notice. Cabot, for instance, said that his compensation has never been challenged by either the IRS or the office of Attorney General Thomas F. Reilly. "The foundation's tax returns have been sitting in the AG's office since day one. And they haven't ever raised any clamor," Cabot said. In most cases, it takes a complaint to prompt official action. In Texas and Ohio, attorneys general launched investigations of two private foundations, but only after family members complained about alleged plundering of the assets by foundation officials. State officials say the IRS has not yet taken up either case. At both foundations, the Globe found, the alleged wrongdoing was more extensive than has been reported in local newspapers. In one, involving the Charles H. Dater Foundation of Cincinnati, records in a civil lawsuit contain evidence that the foundation's five directors, three of them Merrill Lynch brokers, took legal and director's fees and brokerage commissions of at least $9 million over several years. At least $2 million of that came from commissions the stockbrokers earned by frequent buying and selling of stocks for the foundation and the Dater estate, the lawsuit says. 11/17/03 Boston.com / News / Nation / Some officers of charities steer assets to selves Page 3 of 5 Last year the foundation had assets of $40 million. Despite such publicized examples of alleged abuses by foundation officials, calls for greater regulation of the industry have had little effect. Congress last month backed away from imposing substantial new restrictions on private foundations after heavy lobbying by foundation officials. But the Globe investigation, which used a computer database to sort through tens of thousands of tax returns filed annually by private foundations, found that the abuses are more extensive and deeply rooted than government regulators and foundation experts have thought. Especially among smaller foundations, those with assets under $20 million, the Globe found numerous cases in which the officers and directors receive more money than the foundations award in charitable grants. Bruce R. Hopkins, a Kansas City lawyer and author of "Private Foundations," a detailed survey of foundation tax law and compliance, expressed astonishment at some of the Globe findings, especially the compensation taken by Cabot and the president of the Morris Foundation. In both cases, he said, the pay is excessive, based upon the legal standard that compensation for foundation officers must be "reasonable" -- and reasonableness is determined by what other people doing the same sort of foundation work would receive. Hopkins, when told that Cabot acknowledged boosting his salary to $1.4 million to pay for the wedding, said such practices are appalling but not unheard of in foundations. "You have this mindset in some quarters that if you need the money, you dip into it," he said. "That's not the way it works. These are charitable dollars, and they ought not to be spent that way." Cabot's father, Paul Codman Cabot, who died in 1994, was a paragon of Brahmin frugality. A founder of State Street Research & Management Co., Cabot was said to be so indifferent to his station in life that he worked out of a sparsely furnished office and wore shirts with frayed collars. Paul Cabot Jr., who is now 73, said this week that he took only modest compensation, which he estimated to be $50,000 to $60,000 a year, from the foundation until a New York energy company of which he is chairman began to have financial difficulties in the mid-1990s. In 1998, the earliest year for which the Globe has the foundation's tax return, Cabot paid himself $510,202. The next year, he gave himself a $370,000 raise - to $880,263. In 2000, he paid himself $1,058,233. For the year of the wedding, he increased his salary to $1,418,278. Last year -- the foundation's fiscal year runs from Feb. 1 to Jan. 31 -- Cabot took a slight pay cut, to $1,318,240. During three interviews this week, Cabot chose to explain, rather than defend, his compensation, describing it as "probably excessive" and "a little more than reasonable." He decided to take such a high salary, he said, because he needed the money. By his own estimate, Cabot said he could probably hire a financial manager for less than $100,000 a year to oversee the investments. The grant-making, according to the tax returns, is almost pro forma: Year in and year out, most of the money goes to the same charities. Cabot, who has long worked in the investment management field, said he manages the foundation's portfolio himself. But under his stewardship the foundation's assets have dropped from $14 million in the mid-1990s to $4.9 million early this year, according to the foundation's most recent tax return. Some of that decline was the result of his high salary. But Cabot attributed the drop in asset value in large part to a bad investment decision: He put 30 percent of the assets into two energy stocks, El Paso Energy Corp. and Duke Energy Corp., he said, only to see the stock shares plummet. "1 got my head handed to me," Cabot said. When the Globe first asked him about the raise he gave himself in 2001, Cabot said he did so "because I had to marry off a daughter and it took a little bit more than I had anticipated." At first, he said the wedding cost $118,000, but later said its actual cost was about $200,000. "Things don't come cheaply in Florida," he explained. Asked if the foundation paid for the wedding, Cabot replied: "Yes. No question. The foundation pays for anything I do." 11/17/03 Boston.com / News / Nation / Some officers of charities steer assets to selves Page 4 of 5 If Cabot now faces a public accounting, he may also have to answer questions from his brother and his two sisters. The sisters, Virginia C. Wood and Elizabeth C. Minot, are unpaid cotrustees of the foundation. Even so, Cabot said his siblings are unaware of his high salary. He said he sends his sisters only a list of the charitable donations each year. Under IRS regulations Cabot could be forced to repay the foundation, with penalty, any amount that is judged to be unreasonable compensation. His two sisters, because they are trustees, could also face fines if the IRS takes action. The cost of charity is also steep at the William T. Morris Foundation. In 2001, the last year for which a tax return is available, the New York City foundation spent $2.8 million to give away $1.8 million, with the salaries of top officials rising rapidly even as the foundation's assets diminished. The foundation wrote checks to just 28 charities in 2001, the vast majority of them repeat recipients. By far the foundation's largest cost is the pay and perquisites for Edward A. Antonelli, the foundation's Iongtime president, who is 86, and Bruce A. August, the foundation's second-ranking official. In 2001, Antonelli received $809,750 in salary and $121,312 in benefits; August was paid $736,750 in salary, $110,362 in benefits. Between 1995 and 2001, Antonelli's salary quadrupled. But there are other costs to support Antonelli. Amol Patil, who received $88,000 in salary and $12,000 in benefits in 2001 as a "portfolio manager" at the foundation, told the Globe in an interview that he also doubles as Antonelli's driver. Patil also said Antonelli "still plays an active role" in the foundation. But Carol Panagi, Antonelli's landlord and neighbor in the four-unit apartment building in Bayside, Queens, where Antonelli lives. Panagi said that Antonelli rarely leaves his apartment, except when a driver comes to pick him up. Because of Antonelli's failing eyesight, Panagi said, he no longer drives. "His health isn't the greatest," Panagi said. "1 know he can't see because he bashed his car into my garage several times.... People are driving him back and forth, running errands, maybe taking him to the office, or what have you." In a brief interview at his home, Antonelli acknowledged his role as president of the foundation, but refused to answer any questions about it. "Write a letter? he snapped shortly before slamming the door shut. "This is not my place of business." August, reached by telephone at his home in Westport, Conn., also refused to answer any questions, other than to deny that Patil serves as Antonelli's driver. August said he would consider questions only if they were sent to him in writing, by mail. He said he would not consider questions sent by fax or e-mail. Two of the Morris Foundation's part-time directors, both of them elderly, said they were unable to shed much light on the foundation's operations. Arthur C. Laske Jr., of Trumbull, Conn., who is listed as the Morris Foundation's treasurer, said he knows nothing about the foundation's finances. "1 don't get involved with those figures at all," Laske said. The other director, Wilmot F. Wheeler Jr. of Southport, Conn., when asked whether Antonelli's compensation is appropriate, said: "1 do have an opinion about it. But I'm not going to give it to someone who is calling me on the telephone." When a reporter went to his home to talk in person, Wheeler refused to be interviewed. Cabot, in contrast, was agreeable to answering questions, although last night he said his lawyer had told him "to shut up. I have broken no laws." And he made it clear he has taken such a large slice of the foundation's assets to maintain an affluent lifestyle. Just for his living expenses, Cabot said, he needs after-tax income of $30,000 a month. "My wife, I give her $10,000 a month, too. She seems to think it's not enough, like most women," he added. He said he still has mortgages to pay, although he and his wife, Jennifer, have substantial property holdings: They bought a $1.3 million home in Needham in 1996. The same year, they bought two waterfront lots and built two homes on a barrier island in Boca Grande. The two homes have an assessed value of $2.2 million. His wife also owns a 25- acre waterfront home in North Haven, Maine, that is assessed for tax purposes at $1.48 million. 11/17/03 Boston.com / News / Nation / Some officers of charities steer assets to selves Page 5 of 5 One major reason he takes such a large salary, he said, is because of the high taxes he is forced to pay on his salary. "Thanks to the tax code, that's why the salary figure seems so inflated.... The only way I can pay my taxes is to take more money out of the [foundation]." To underscore that point, Cabot read to a reporter from his own personal tax return for 2002. "My adjusted gross income was $1,337,000. And the total tax was $470,000." Cabot said, however, that he realizes that drawing such a large salary would eventually empty the foundation's coffers, although he said the rising market has bolstered its assets some. For this year, he said, he hopes to reduce his salary. "1 hope it will be under $1 million," he said. "1 do not squander this money on Ferraris or 85-foot yachts," Cabot said. "1 live a fairly modest life." Matt Carroll of the Globe Staff contributed to this report. © Copyright 2003 Globe Newspaper Company. © Copyright 2003 The New York Times Company *** eSafe scanned this email for malicious content *** IHPORTANT: Do not open attachments from unrecognized senders *** 11/17/03 From Cou nc i l Member Kan ner The Daily IoWan - Iowa City, Iowa - Friday, November 14~ 2003 - 5A Kanner warns that uti!ity will fight public electricity · 's MidAmerican was a~ura~- 'yne MidAmemcan full coffers purchase infraSWuc~Ure BY MICHAEL DHAR ~ve it si~fic~ ~uence ~th ration m~OA~u OWA~ m Washin~n ~d among 1~1 ~afion would mate that u~ilitY rates ~ by 2 ~ ~h Y~ f°l- Iowa City needs to push for ~ ,,xr ~ ~ ~e~can ~ll outspen, a fo~-y~ despi~ opposition ~m we~t~Y ~er s~d. qfs ~ ~m ~ ~ ,~. ~.~ ~ f~ decrying r/vain ener~ compames, City ' ' ~l d~ ~e tha~ be~n p ..... g~nner ~ ~ W~n B~e~ ~tnesses amemom~e~~Y'. ~for~e~pleofl°waCi~T'. ,- like~ ~at ra~ ~es over, h ,~ ~.i~ ~on October phowed ~a~ to,~ .__ runs the investment company ~ n~ ~ a pub~cly o~ed el~ uhqi~ ~ & ~a~S, the ~n- els almOst aha cutting business with ~t~d~f~ Co~eCh~p~on ..... thing we haven't ~alked abOUt ~ ~m. ~Ener~ Co. si~ study, ~u~ ~ a~UO~ muc~" ~p~eS it c~ o~ ~de~res ~e ~ ~pi~ ~mp~Y vo ' . '~ it would take at ~e n~d ~ es~bl~ a pub'tic ut/l- ~d~ ~ 42 q~ ~m ~ ~ m ~o a l~t two ye~S ~ reach that ~t. for ity in Iowa City, Kanner said. ~ ~d 11 ~m ~e adv~ M/dArner/can has lobbied to ~fi~e~ f~p~er. E mail Dlmpo~ter MIc~ael Ohar at: repeal ~e federal ~bSc Utility ~p~ ~o~ that ~ e~ i~ the size of ~wer ~mP~es' be tole- hold locked where ~ethe of s trial, ;1.s0/Hr during the first 60 da}S,)** wage is $8.001Hr w,th the ab,htY to earn o T6,~oa ge~i~aS~d~e ¢~'~ From Council Member Wilburn IPiO NOVEMBER-DECEMBER: Director's Notes Legislative open house ECiCOG. the Iowa League ot"Cities, the Iowa State Association of Counties. and the City of Coralville will once again host an open house for [egtslators from the ECiCOG region on Tuesday, Nove~nber 25. The open house will be held from 3 30 5:30 p.m.. at the Coralville City flail ( 1512 7Ih S~-eet~. This is a great opportunity tbr public officials to meet with their legislators to discuss the upcoming sessiom The agenda will include an opportunity for informal discussion, as well as a formal question and answer period All twenty-five senators and representatives from the region have been invited. We hope you will plan to attend, and contact your legislator beforehand to let them know you'll be there. Jim Fausett, Mayor of Coralville, welcomes legislators and attendees to the 2002 legislative open house. Benton County draws a crowd A panel of public officials from Benton County drew a crowd of more than 100 attendees at the Iowa Recycling Association/ Iowa Society of Solid Waste Operators annual conference re- cently held in Cedar Rapids. Solid waste professionals from around the state were interested in hearing about the county's progress in implementing curbside recycling. Historically, the county had relied on several drop off f~acilitles stationed around the county to encourage residents to recycle and to reduce the waste stream going to the landfill. However, on July 1, 2003, Benton County required cities to establish local recycling programs. "Preserving landfill space is the main objective, and we wanted more community in- volvement to get that done," said Ron Buch, Benton County Supervisor. Members of the panel represented cities, the county, private haulers~ and landfill stall Panelists talked about the challenges and successes the county has encountered in the first three months of the new programs. The panel was moderated by ECICOG solid waste planner, Jennifer Ryan. Ryan has been assisting the county and cities in implementing the new recycling programs. In addition, she authored two successful grant applications to the Iowa Department of Natural Resources that provided over $39,000 to oft'set startup and educational costs. Benton County panelists included (top picture) Myron Parizek, county engineer; Rou Buch, county supervisor; (bottom pic- ture) John Watson, Mayor of Vintonl Scolt Lewis, Waste Management of Iowa; and Nancy DeKIotz, Shellsburg City Clerk. CDBG applications invited Based on pre-applications prepared by ECICOG, Jones County and the City of Washington were recently invited to submit full applications to the Iowa De- partment of Economic Development (IDED)Community Development Block Marie DeVries resigned her position as the ECICOG Solid Waste Planning Coordinator on October 31, 2003, to accept a planning position with the Blue- stem Solid Waste Agency. DeVries came to ECICOG in 1994 to assist with housing programs, and accepted a reassignment to solid waste in October 1995. During her tenure, DeVries played a key role in several agency initia- tives, including the Green Rehabilitation for Ownership (GRO) and other green-building programs, as well as coordination of major research efforts ~ as the regional recycling evaluation and source-separated pilot collection pro- jects. ECICOG wishes DeVries well, and looks forward to working with her in her new position. Calendar November 11 EC1COG offices closed in observance of Veterans Day November 13 EC1COG SWTAC meeting, Iowa City Landfill, 3900 Hebl Avenue, Iowa City November 15 Applications for RPA Surface Transportation Pro- gram funds due in ECICOG offices November 25 ECICOG Board of Directors Meeting, Coralville EC IC~G City Hall, 1512 7th Street, Coralville, 1:00 p.m. EAST CENTP, AL IOWA November 25 ECICOG/ILC/ISAC Legislative Open House, COUNCIL OE GOVERNMENTS th Coralville CityHall, 15127 StreetCoralville, 3:30 -5:30 p.m. EYprc~ is a bimonthly electronic publication of the East November 27-28 ECICOG offices closed in observance of Thanks- Central Iowa Council of Governments. giving holiday December 25 ECICOG offices closed in observance of Christmas holiday January 1, 2004 EC1COG offices closed in observance of New Years holiday ECICOG Executive Committee meeting for December TBA MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, OCTOBER 7, 2003 - 8:30 AM LOBBY CONFERENCE ROOM Members Present: Ernie Lehman, Dee Vanderhoef, Ross Wilburn Members Absent: None Staff Present: Steve Nasby, Karin Franklin Others Present: Joe Raso Call To Order Lehman called the meeting to order at 8:37 AM. Approval of September 17, 2003 Minutes MOTION: Vanderhoef moved to approve the minutes as submitted. Wilburn seconded the motion. All in favor, motion passed 3-0. Set Date for Next Meeting The committee agreed to schedule the next meeting date as November 4, 2003. Economic Development Strateqy - Overview of Existinq Strateqies Lehman said the Economic Development Strategy was originally prepared in December of 1999. Lehman and Vanderhoef both said they are pleased with progress that has been made. Vanderhoef said she would like the committee to write a report summarizing what has been accomplished and to also update the document to include strategy for the future. Lehman noted under the section for Iowa City Area Development Group (ICAD), that the City has established a significantly different relationship with ICAD than they had in the past and this is an incredible step forward. Vanderhoef said that ICAD has done a great job with many of the marketing activities that the committee is not totally involved in, and they have also created a good partnership with staff. Franklin asked if there are any other things to be addressed that are not included in the strategy. Vanderhoef noted the section Actions for a Strong Economic Development Role for the City - Retention & Expansion, the bullet point for redevelopment plans for public spaces, and that they have addressed many of the areas. Franklin said they have only done some preliminary work on the Towncrest area, and it should remain on the list. Vanderhoef said Pepperwood and the Gilbert Street area south of the railroad tracks should also be added. Lehman said that they are addressing these areas somewhat with Urban Renewal and with a TIF district. Nasby said another area for development/redevelopment they had discussed was the North Dodge Street corridor by Hy-Vee. Franklin said Southgate Development has approached her regarding their property, in terms of a development proposal and possible zoning change. She said where they have talked about before in the district plan for focusing on some commercial development is the area corridor area from North Dodge Hy-Vee to Prairie du Chien Road. The South side of Dodge Street has been zoned commercial for many years and there are some commercial businesses there currently, but we need to look at the area as a whole. The committee decided to focus the redevelopment plans on South Riverside Drive and Towncrest areas. The Sycamore Mall and Northside Marketplace areas have already received considerable attention and the committee wants to concentrate their efforts in other areas identified in the 1999 Strategy (Towncrest and S. Riverside Drive). Economic Development Committee Minutes October 7, 2003 Page 2 The first bullet point was discussed concerning the conducting of an annual business retention survey. ICAD already provides this information to the city, and the committee determined the bullet should be prefaced with a statement saying that they would work with ICAD as needed. Lehman said as a city, there have been many individuals who have participated in the City Chamber Leadership program, and he believes that the last bullet point concerning community leadership does not belong in the Economic Development Strategy. The fourth bullet point concerning retail and office market analysis was discussed. They agreed to keep the item because a retail market analysis would be an tool the City could use if the City were asked to invest in an area with TIF, they would want a better sense of exactly what the market can bear. The committee began discussing the fifth bullet point concerning tax incentives. They agreed that to fully discuss the topic concerning revolving loan funds and CDBG funds, they would need to place it as a separate item on a future agenda. The committee moved to the Business Attractions section of the Economic Development Strategy. Vanderhoef noted they have been successful in completing business visits, in developing the Scott Six Industrial Park and the Aviation Commerce Park. Franklin asked if they are still interested in the construction of an industrial speculative building. The committee discussed the topic and concluded that an industrial speculative building is a great idea and Lehman said it would be a better and more credible project if it were to be a public/private partnership. Many developers see too much risk in putting up a speculative building, by partnering with the city it would lessen the risk for the builder but also enable the city to be more competitive for industry that would want to locate here. Raso said other neighboring communities are looking into this type of partnership also and it would be positive for the overall region. Franklin said the key is in getting a partner and to be flexible with location. Vanderhoef said the Aviation Commerce Park could be a great location for a speculative building and said she would like to see the city work towards developing an incubator project. The committee discussed speaking with the Pappajohn Small Business Center, as they have an incubator project in the works, and see where they are with the project. Franklin noted in the last bullet point that even though they have completed the Scott Six Industrial Park ' project and are moving forward with the Mormon Trek extension project, they need to continue to develop a plan for future industrial areas. She suggested leaving in a point in the development strategy about continuing to develop opportunities for industrial development. The committee agreed and Lehman said this point is critical and it ties in with the second bullet point that reads, enhance the City's relationship with commercial and industrial developers and property owners in order to improve opportunities for development projects within Iowa City. Vanderhoef said because they have new commercial cores in the community, they need to reference the comprehensive and specifically the district plan in order to be proactive in area development. Vanderhoef said something she has considered in conjunction with the East-West Arterial and Mormon Trek, is the South Sand Road area. This area is still within the City's growth region. She questioned if Iowa City were to be put in the position of extending water and sewer lines to the City of Hills due to their recent water problems, Sand Road would be the logical route. In looking at the large plan of how Iowa City is developing, this area may become a commercial and industrial area. Lehman said traffic issues are critical in this area, and that would have to be addressed before anything else. Also, because much of this area is within the 100-year flood plain, it may not be a commercially adaptable area. Vanderhoef clarified that the area East of Sand Road has potential and they need to address the district plan and to look further out. Franklin said this is a possibility, but it would be a huge capital investment for the city in terms of water and sewer upgrades. Economic Development Committee Minutes October 7, 2003 Page 3 The committee moved to the Entrepreneurship section of the Economic Development Strategy. The committee determined the first bullet point about the development of a Business Information Center could be deleted. This point was written prior to the City's relationship with ICAD and therefore is not necessary. Raso noted the topic of entrepreneurship is now being addressed at the regional level. The need for information is great, but the expertise is not available locally. Lehman said the second bullet and fourth bullet could be combined. Vanderhoef suggested the second bullet should read that the City Economic Development Committee continues to support these programs. Lehman noted they have been successful in completing the third bullet point of developing a financial assistance program for start-up businesses using CDBG funds and develop a Iow-interest loan program for targeted businesses. The committee recognized that the fifth and sixth bullet points concerning the development of relationships with the University's Technology innovation Center (TIC) and National Advanced Driving Simulator have been discussed but have been difficult to pursue. They agreed to keep the points in the strategy but to reword for more clarity. The final paragraph was discussed. Franklin said the goal of this strategy was to focus the efforts of the office, and that is still the objective. They want to have clear direction as to how to focus the departments' time. Lehman said he was in favor of supporting tourism, downtown and workforce development but the objective should be to support the agencies that provide these services and not to duplicate efforts. Vanderhoef and Wilburn agreed. Vanderhoef stated her support of the Workplace Learning Connection and made note of their continued success in informing young people in the community of the education and career opportunities available in the area. The committee agreed to have the final paragraph included in the introduction of the section, and also in the strategies, and to state that the committee supports agencies that are providing services like tourism, the downtown and workforce development, with continued funding. They also agreed to issue a report stating what the group has accomplished, the direction and strategy for the future, and to also include information as to how they are supporting all efforts of economic development. Lehman suggested they finish reviewing at a later time with all members present. He said he was amazed at how much they have accomplished and this strategy was created with a tremendous amount of foresight. Wilburn excused himself from the meeting as he has a conflict of interest with CDBG related matters, as his employer was the recipient of CDBG funding. Other Business - Discussion and Recommendation on CDBG Application of Oasis Falafel The discussion and recommendation on the CDBG application from Oasis Falafel was tabled until the next meeting as the owners, Naftaly Stramer and Ofer Sivan, have not finalized a location for the restaurant. Adjournment MOTION: Vanderhoef moved to adjourn the meeting. Lehman seconded the motion. All in favor, motion passed 2-0. The meeting was adjourned at 9:45 AM. Minutes Draft ~ Animal Care and Adoption Center Advisory Board August 13, 2003 Attended by: Maryann Dennis, Tammara Meester, Michelle Brandstatter, Staff present: Misha Goodman, Matt Johnson Absent: Tom Gill, Kathy Magarrell Old Business 1 .) Minutes of June 5, 2003 - Change sentence: M. Goodman expressed concern about the lack of a quorum at Board meetings and asked members to consider whether an increase in the number of Board meetings would help to ensure a quorum. Sentence should read: consider whether an increase in the number of Board members would help to ensure a quorum. With that change, Brandstatter moved, Meester seconded, motion carded. 2.) Update on Licensing Meeting - Goodman and Johnson met with Coralville Police Chief Barry Bedford and he supports the mail-in license. Coralville wants to see a draft of the mail-in form. Iowa City Document Services is working on the form and it should be done within the next two weeks. The meeting also included a staff recommendation to change the licensing fees for altered animals from $5 to $10, unaltered animals from $15 in Coralville to match the Iowa City fee of $30, and for puppies and kittens from $1 to $5. 3.) Dog Park Update - There will be a meeting on Thursday August 14, 2003 at 7:30 at the Old Wastewater Treatment Plant Training Room. The group had prepared a proposal based on the availability of two sites. The sites are actually not available. City Planning staff has recommended that the group present the proposal and ask City staff to identify a site. 4.) Vet Proposal - The City Manager has not been approached as of yet. With current budget constraints, timing is important. 5.) Coralville Board Position - A letter will be sent to the Coralville City Council recommending that Tom Gill be removed from the Board and another resident appointed. New Business 1.) Elections of Officers - Chair Brandstatter nominated Meester and Dennis seconded. Meester approved. Vice-Chair - Meester nominated Brandstatter, Dennis seconded, Brandstatter approved. Secretary - Meester nominated MagarreI1, Brandstatter seconded, Magarrell approved. 2.) Board Accomplishments/Plans for Fiscal Year The 2003 accomplishments were reviewed. The plans for 2004 are: a. Implement mail-in license system that is coordinated with and includes the City of Coralville b. Implement the behavioral help-line c. Work with local groups to set up an off-leash park area d. Review ordinances and fees e. Finalize Veterinary RFP process 3.) Behavior Help-Line - Phone is in. Goodman attended training to train staff and volunteers. Shelter staff will be trained with help-line volunteers. The training will be taught in conjunction with Cedar Valley shelter. Other area shelters will be invited. 4.) Dog Walk To be held on September 21, 2003 from noon to 4:00 pm. at lower City Park. Walk starts at 1:00 PM. Posters and shirts are ready and are very nice. Traffic control to be coordinated with the City Police Department. Volunteers are needed. 5.)Ordinances and Fees - To be discussed at next and future meetings. Brandstatter moved to adjourn, seconded by Dennis. Motion carried, meeting adjourned at 7:50 PM. Next meeting - Wednesday, September 24, 2003 6:30 PM Old wastewater Treatment Plant, Training Room Minutes Draft ~ Iowa City/Coralville Animal Care and Adoption Center Advisory Board October 29, 2003 Attended by: Maryarm Dennis, Tammara Meester, Kathy Magarrell, Marti Horan (visitor) Staff Present: Misha Goodman, Matt Johnson Absent: Tom Gill, Michelle Brandstatter Old Business 1) Minutes of August 13, 2003 - Meester moved that we approve the minutes, Dennis seconded, motion carried. 2) Update on License Form the change in form, which will call for a resolution change, has to be put to the Coralville Council. The Board is waiting to hear from Coralville. 3) Update on Dog Park - JPAC met with the City to see about parcel options. Planning and Parks and Goodman will meet within the week to discuss what might be appropriate parcels. Some of the parcels mentioned were the Scott Park soccer field area, 40 acres north of Kansas (near the landfill), and the Peninsula. The Parks Commission supports the move forward. 4) Coralville Board Position - A letter will be sent to the Coralville City Conncil recommending that Tom Gill be removed from the Board and another resident appointed. Iowa City Board Position - There are two applicants for the position. Another Board position will be up in December 2003. A discussion on increasing the number of Board members was proposed for the next meeting. 5) Dog Walk Update - Paws in the Park was successful: took in about $13,000, mostly from pre-registration fees. There is some discussion about holding next year's walk at the Johnson County Fairgrounds. New Business 1) Approval for painting/siding - The Board approved the interior painting of the shelter. Painting will take place this winter. The estimate for new cement siding to replace the wood siding that the dogs have chewed is about $3,000. Dennis moved to approve the siding, Meester seconded, motion carried. The siding should be in place before winter. FACF approved new roof to go over outdoor kennels. Construction should start in 2 weeks. There will be overhangs to keep out the ice and snow, thereby increasing safety for staffand visitors. FACF is also asking for an estimate on "guillotine" doors that will open directly out into the outdoor kennel area in order to deal with dangerous or quarantined dogs. 2) Statistics Report -- The Board reviewed the shelter statistics for 1/1/2003- 9/30/2003. 3) Evaluate Fees and Ordinances - The Board will look over the fee schedules and ordinances and think about the issues and problems that need to be addressed and corrected/updated. Discussion will take place at next meeting. 4) Temporary Employee - Budget cuts made it necessary to reduce the Temporary Employee position from 20 hours to 10 hours. Meester moved to adjourn, seconded by Magarrell. Motion carried, meeting adjourned at 8:30 p.m. Next meeting - Wednesday, November 19th 6:30 p.m. Old Wastewater Treatment Plant, Training Room Draft MINUTES HISTORIC PRESERVATION COMMISSION NOVEMBER 13, 2003- 7:00 P.M. EMMA HARVAT HALL - CIVIC CENTER MEMBERS PRESENT: Richard Carlson, James Enloe, Michael Gunn, Michael Maharry, Mark McCallum, Jim Ponto, Amy Smothers, Paul Sueppel, Tim Weitzel MEMBERS ABSENT: None STAFF PRESENT: Shelley McCafferty OTHERS PRESENT: Maggie Elliott CALL TO ORDER: Chairperson Maharry called the meeting to order at 7:01 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Enloe asked what the end result was of the Commission's denial of a certificate of appropriateness for the project at 1129 East College Street. McCafferty said the vinyl will be removed and will be replaced with an appropriate substitute. SCHEDULE ANNUAL PLANNING MEETING: The Commission's annual planning meeting was scheduled for Saturday, December 13, at noon. CERTIFICATE OF APPROPRIATENESS: 1316 Center Street. McCafferty said this is an application for sash replacements with Pella replacement windows. She said the window is a wood window that is metal clad on the exterior. McCafferty said the muntin/grills with the divided lights will look the same. She said this meets the qualifications of the guidelines. Carlson asked Elliott why she is repracing the sashes. Elliott said she is replacing all of them except one. She said she is replacing them because the windows are old and drafty and can't be cleaned. Carlson asked if they could be repaired in any way. Elliott said she did not look into having them repaired. McCafferty said this involves replacing the sashes, not the entire windows. She said it is a retrofit so that the jamb remains in place and the trim is not disturbed; only the sash is removed. MOTION: Sueppel moved to approve a certificate of appropriateness for the sash replacements at 1316 Center Street. McCallum seconded the motion. Carlson stated that the guidelines recommend preserving an existing window by repairing sashes and frames. He said that unless there is a compelling reason for replacing the original sashes, he would vote against this. McCallum said he would vote in favor of this motion but suggested that the owner look at Marvin combination screen and storm windows as a possibility, because they are energy efficient and also maintain the old look. McCafferty said she also has a lot of information on storm windows. She said the literature suggests that replacement windows have a better initial performance. McCafferty stated, however, that eventually the thermal value of new windows decreases over time as the argon leaks out. By the time windows have paid for themselves through reduced energy costs, they no longer perform better than the old windows. Therefore, replacement windows are not necessarily more cost effective then window rehabilitation and new wood storm windows. Historic Preservation Commission Minutes November 13, 2003 Page 2 Elliott added that the storm windows currently on the house are not original to the house. She said the storm windows are cheap metal. Elliott said she was interested in the Pella windows, because they are clad on the outside. Weitzel said that since the replacement sashes will result in the same look as before, he would vote in favor of this motion. He agreed with Carlson, however, that whenever possible, sashes should be retained. Weitzel said that since there is nothing in the guidelines to prohibit this, he would vote in favor. Enloe agreed with Weitzel that while it would be preferable not to change the sashes, the guidelines don't prohibit it, so he would also vote in favor. Carlson said that prohibited items are things the Commission absolutely cannot approve, whereas recommended things are items the Commission has leeway on. He said he would therefore vote against this. Gunn stated that the Commission used to try to get windows repaired and replaced more in keeping with the Secretary of the interior's Standards. He said that has constantly been under attack for years. Gunn said the Commission often times voted to allow replacement, even though the Secretary of the Interior Standards would discourage it, if the replacements were paintable and looked like the original. He said he would vote in favor of the motion to keep up with the pressure of the times. Gunn said if the Commission denies replacement windows of good quality that look like the originals, the Commission may be fighting battles constantly for not much gain. The motion carried on a vote of 8-1, with Carlson votinR no. IOWA CITY HISTORIC PRESERVATION HANDBOOK REVISIONS: McCafferty said the Legal Department is currently determining whether the Handbook should be adopted by ordinance or whether it can be adopted by resolution. She said that if it can be adopted by resolution, it would only take one meeting of the City Council, as opposed to the four or five meetings required to adopt it by ordinance. McCafferty said the guidelines were originally adopted by resolution. She said that there is a clause in the ordinance adopting conservation districts that also adopts the district guidelines for that particular district. McCafferty said there is some question of whether the Handbook should then be adopted by ordinance or resolution. She said that Karin Franklin's opinion is that the Handbook should be adopted by resolution, since the Handbook is intended to be administrative guidelines and not strict law. Enloe asked if the difference between passing a resolution versus an ordinance is to leave the Commission some flexibility on a case by case basis or if it merely makes the Commission vulnerable to appeals and challenges. McCafferty said that as long as the Commission continues to use the guidelines in its decision-making and is conscious of not being arbitrary and capricious, the resolution works fine. She said that still, according to ordinance, the Commission has the authority to approve or disapprove. McCafferty said the original intention, by not having this be ordinance, is to give the Commission some flexibility for those unique cases that don't fit the guidelines. McCafferty said one of the concerns of City Council is dealing with economic hardship and establishing economic incentives to deal with those issues. Maharry said it is good that the City Council is interested in these issues, especially in a time of decreasing budgets. Sueppel asked if there is money available at the current time. McCafferty said there are some potential sources and said she would be doing more research into those sources. Gunn said the Commission has also talked for years about having a demolition by neglect ordinance, in conjunction with economic hardship. McCafferty said that, in terms of the Code rewrite, the Commission can add a demolition by neglect ordinance, and HIS is very supportive of that. She said the issue of economic hardship is much more subjective, but the City Council would like to have the Commission look at the issue. McCafferty said that economic hardship standards would be difficult to meet in Iowa City because of the high property values. She said she would get more information on this for the Commission. Historic Preservation Commission Minutes November 13, 2003 Page 3 Gunn said that if an economic hardship and demolition by neglect ordinance would allow the Commission to, in essence, say what has to be done to the property because an owner is not doing it, it could be rather expensive, and an owner might not have the means to do it. He said if there is not an economic hardship clause, the Commission could be left with having to enforce something that is impossible for the owner to afford. Enloe asked if that is ever the Commission's purview: to make someone repair a house he is living in. Gunn said it is not currently, but if there is a demolition by neglect ordinance, it would almost have to become that. Enloe asked if that would be the Commission that would mandate rehabilitation or repairs. Gunn said he did not know and asked how the proposed ordinance is written. McCafferty said that if a certificate of appropriateness is denied, then the economic hardship clause comes into play. She said the applicant can apply for a certificate of economic hardship, where there is essentially negotiation with the Historic Preservation Commission to either: 1) come up with economic incentives to make up the difference for what the owner cannot afford, or 2) come up with a compromise that is a less expensive alternative to what is actually required by the guidelines. Sueppel said this will affect the second part of the area the Commission is planning to do on the north side. He said there are a lot of elderly people there who would not have the money to fix their properties according to the guidelines, although they might be able to do some less expensive things. McCaffedy said one program to look at is the Targeted Area Rehabilitation Program (TARP). She said that currently 40% of the historic and conservation districts fall within the TARP areas, although Goosetown does not. McCafferty said the areas selected for the TARP were based upon financial need and the condition of the buildings, and Goosetown fell lower on the list in terms of those criteria. She said the TARP is a City-funded program and does not involve federal funds; therefore there are not issues with lead abatement and HUD. McCafferty said HIS would be the enforcement body, as it currently is. She said that an HIS investigation could be initiated by the Commission or anyone else. Maharry said many people are under the mistaken impression that historic preservation costs substantially more money, but bt does not. He said the houses in Goosetown are not large, so the projects in Goosetown would not be large. Sueppel said there are some people in Goosetown living on limited incomes who he would have a problem forcing into these issues. Weitzel said it is important to discuss, if there is an issue of building maintenance versus letting the building fall down, having it maintained in a way that is appropriate to historic preservation, and the owner can get his economic hardship. Weitzel said the idea of demolition by neglect is already another issue. He said there are buildings that have essentially gotten to the point where they had to be condemned because they were not maintained, and they were not even historic buildings. McCafferty said the Commission needs more research on this issue, e.g. how to take advantage of TARP or other funding. She said the City Council did not expect this to be done before the Handbook is sent on, but City Council would like to see it be a Commission priority. Enloe said he feels the Commission really needs to include both options: the economic hardship consideration and providing economic incentives. He said the Commission can never count on the availability of funds for the future, so there has to be another option of negotiating with flexibility. MOTION: Sueppel moved to approve recommendation of the Iowa City Historic Preservation Handbook, as amended, to the Planning and Zoning Commission. Enloe seconded the motion. Regarding the Handbook, Carlson asked if establishing a process of appeal on the classification of a property is appropriate for a Handbook. He said he is concerned about how the process would work and who would do the re-evaluation. The consensus of the Commission was to change the first sentence on page seven to read, "if a property owner feels that a property has been incorrectly classified, the owner may submit a letter to the Preservation Planner requesting that the property be re-evaluated, and the Commission will further investigate the classification of the property." Historic Preservation Commission Minutes November 13, 2003 Page 4 Gunn asked if the Commission claims the right anywhere else to change the status of a property. He said there are currently 1,194 properties in the districts, and there may be a few mistakes. Gunn asked if the Commission can revisit the properties as needed. McCafferty said she has discussed this with the Legal Department. She said that in the future when a district is adopted, the ordinance map should not show property classifications. McCafferty said once the Handbook is adopted, in the future all of the property classifications will be done by resolution and added to the Handbook. She said perhaps the current district ordinance should be repealed and then re- adopted, but she said she would get more information about the best course of action from the Legal Department. Enloe asked how the owner will know the status of his property if it is not noted on the maps. McCafferty said it would be listed on the maps distributed to owners but not on the actual ordinance document. Gunn said it would be part of the Handbook but not part of the ordinance. Gunn said the Commission would like to avoid going through a resolution every time it believes that the status of a property should be amended. Enloe said that would knock it down two steps from having to go through an ordinance to having to go through a resolution to just giving the Commission the power to change a status by its own internal vote. McCafferty said she has communicated to the legal staff that the Commission needs the flexibility to do that without going through a long, drawn-out process, and these are some of the issues the Legal Department is working on. The consensus of the Commission was to add a second sentence to the paragraph under "Contributing and Noncontributing Properties" on page six to read, "Over time, the Historic Preservation Commission may review and modify the status of any given property in a district as appropriate." AMENDMENT TO THE MAIN MOTION: Sueppel moved to amend the motion to include the sentences, "If a property owner feels that a property has been incorrectly classified, the owner may submit a letter to the Preservation Planner requesting that the property be re-evaluated, and the Commission will further investigate the classification of the property" and "Over time, the Historic Preservation Commission may review and modify the status of any given property in a district as appropriate" on pages seven and six respectively, as discussed. Enloe seconded the amendment. The motion carried on a vote of 9-0. GOOSETOWN CONSERVATION DISTRICT: Maharry noted that the map will be corrected, as will the address list. McCafferfy asked for assistance in going through the lists, verifying addresses, classifying properties, and correcting the map. Maharry said he did walk through the district at one point. McCafferty said she would go through Maharry's notes and get them up to date. She said the Commission will want to make certain the data is thoroughly reviewed. McCafferty added that at the time of Maharry's review, the Commission was not classifying any properties as non-historic. Gunn said he has looked at putting together guidelines for Goosetown. He stated that it gets simpler to write guidelines with each additional district. Gunn said the only things really necessary to spell out to be consistent with other district guidelines are to specify the styles, the building facades, the size, and the height and mass. He said he did not find Colonial Revival, Prairie School, Period Revival cottages, or Eclectic in the Goosetown Area. Gunn said he did find Italianate, Queen Anne, Craftsman, Craftsman Bungalow, American Foursquare, and Vernacular. He said he is fairly comfortable with these styles as predominant styles, although he would be fine with someone else reviewing the information. McCafferty recommended setting January as a goal to hold the first neighborhood meeting. APPROVAL OF MINUTES: OCTOBER 23, 2003. Historic Preservation Commission Minutes November 13, 2003 Page 5 Carlson stated that on page ten, the results of the vote on the motion to approve recommendation of the Handbook should be 8-0 and should indicate that he abstained from voting. Carlson said he also had typographical corrections to submit. MOTION: Weitzel moved to approve the minutes of the October 23, 2003 Historic Preservation Commission meeting, as amended. Sueppel seconded the motion. The motion carried on a vote of 9-0. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Minutes submitted by Anne Schulte Iowa .C.i . BOARD OF TRUSTEES /Pubhc L brary Minutes 5:00 pm October 23, 2003 Meeting Room C Shaner Magalh~ies, President Thomas Dean Linda Prybil Pat Schnaek, Secretary Jesse Singerman Tom Suter Jim Swaim David VanDusseldorp, Vice President Members Present: Thomas Dean, Shaner Magalh~es, Pat Schnack, Jesse Singerman, Jim Swaim, Linzee McCray Members Absent: Tom Suter, Linda Prybil, Dave VanDusseldorp Staff Present: Barb Black, Terri Byers, Maeve Clark, Susan Craig, Barbara Curtin, Heidi Lauritzen, Kara Logsden, Martba Lubaroff, Joel Miller, Liz Nichols Call meeting to Order Magalh~es called the meeting to order at 5:00pm. Public Discussion In her capacity as union steward and Vice President of AFSCME Local #183, Terci Byers, ICPL staff member, reported that labor conffact negotiations would start soon. She hopes to be back to the Board this winter with a multi-year contract. Barb Black will be the representative from Library management. Byers responded to a question about why a multi-year contract was not negotiated for this year. Byers said that since the contract negotiations went into arbitration resulting in a £act finder settling issues, a one-year con~act was negotiated. Presently a comm~tl, ee is working on a side letter regarding the temporary employee issue. Singerman asked about a living wage issue. Byers replied that it is an issue for the union representing UIHC but not our union. Approval of minutes The minutes of the regular meeting of September 25 were approved after a motion made by Singerman and seconded by Schnack. All were in favor. Motion passed 6-0. Unfinished Business A. Public Hearing on Library Furnishings bid: A motion to open the public hearing was made by Sclmack, seconded by Dean. All voted in favor of it. Motion passed 6-0. Craig had documents for library furnishings bid for review. She explained that this was complicated since vendors can choose to bid on all or part of it. For example, there is a separate bid for end panels. Bids are due the Tuesday before November's Board meeting, November 18, 2003. Since there were no members of the public present, Magalh~es declared the public hearing over. B. Building Project: Page No 2 Miller distributed an update with photos. He reported that things are continuing to go well and are still ahead of schedule. Building appears to be changing colors due to layers of dry wall, green weather shield, insulation board; the stone will be coming first part of the week. On Linn Street, the brick has been completed. Miller is hoping that perhaps by mid January we can move some nonfiction into the new part of the second floor. The 64 1 A project has been moved back. Schnack stated for the record that she felt it was too bad that with our beautiful new building being completed, that the City did not give us a piece of 64 1 A for parking. Miller said that our cost remains stable. Some cost adjustments have come in and they are mostly due to electrical problems. Tour will be postponed until next month. C. Award contract for AV and presentation equipment: Bids were opened October 2I. The single bid was from ECS, a company ICPL has been dealing with for many years, who bid a price of $171,836. The staff recommends that the Board accept the bid. Schnack moved approval. Swaim seconded. All in favor said Aye. Motion passed 6-0. City Attorney will draft the contract and EC~ will be on the site soon after to insure proper wiring and preparation for the equipment installation. D. Update on Realtor search: Craig accepted responses as of last Friday, October 17. Two responses were turned in. Gerry Ambrose on behalf of his firm as well as Harry Wolf of Buyers Realty. Craig received a call from Kevin Hanick who had received the materials late and wanted to be considered. The Board agreed. Magalh~es and Craig will do brief interviews, including Hanick. They hope to have a realtor on board by next meeting. Singerman asked about a criteria list. Craig and Magalh~es will prepare criteria; the most important being they demonstrate experience with do~vntown rentals and a client base suitable for library retail space. Fees and the ability to work well with library will be other important criteria. E. FY05 Budget: Craig asked Board for formal approval. She inserted the City's numbers; explained that she is not required to stay with a line item; as long as bottom number for 7,000's, 8,000's etc. stays in line. She deleted an expense for Telephone Notification System and put additional funds in the temporary personnel budget due to contract issues and increased circulation in the new building. Schnack had a question about a line item that changed drastically due to eliminating money for parking reimbursement. She asked about the expense for hiring a consultant for strategic planning and wondered whether we could do it ourselves? Craig explained that this is done every 5 or 6 years, hiring an outside neutral party to facilitate. Once the plan is adopted it is staff driven with updates but an investment every 5 or 6 years with a professional who knows how to involve public and staffand is familiar with other libraries and what they are doing is preferred. Magalh~es said that the price is not out of line for this type of consulting. Singerman said she hoped it wasn't cut because she believes it is a very worthwhile expense. Swaim raised the issue of parking. Craig said it was part of cuts she recommended, that were approved by Board after State revenues to the City for FY04 were drastically cut. If we did want to revisit that issue and reinstitute funding, we'd have to take $10,000 from somewhere else. Sclmack thinks we should revisit it. Swaim said he might not support parking at the level we were but would be interested in doing it again on a limited basis. He would like us to look at it again, on a future agenda, and perhaps find another revenue source. Magalh~es said we had the opportunity to raise the issue when we discussed budget cuts and did not. Craig said she does not role out more cuts when it is known what the rollback tax is. Craig explained the history of the rollback tax, why it was created and how it's figured. Magalh~es asked for approval of the FY05 budget. A motion was made by Singerman and seconded by Dean. Any questions? Swaim asked whether City Manager had issued any guidelines in preparation of future cuts. Craig replied that he is waiting to see what the rollback is. In response to a question about certain departments being targeted for more than across the board, Craig said after the City council election, priorities in terms of cutting personnel might change. City Manager's recommended budget typically goes to Council in December. In Page No 3 January, Library Board has the opportunity to meet with Council. Asked for other comments. Singerman said the parking issue occurred to her and we should keep that in our thoughts. Magalhaes called for a vote. All in favor voted Aye. Motion passed 6-0. F. County Update: After a series of meetings, it seems that the two members of the Board of Supervisors on the task force are willing to keep the same contract, with modest changes to address their concerns. Magalhles mentioned a portion of the minutes of 10/1 that said they could reduce their amount if circumstances dictated. They would like County representatives on Library Boards to get together with Supervisors. Craig hopes the next meeting is the last one but she feels it is time well invested. G. Grand Opening: There is money in the operating and NOBU budget earmarked for events, however we have some flexibility in how we spend it. Some expenses would be printing, advertising, ribbon cutting ceremony, and keepsakes. Some ideas from staffwere that we have an opening in early June with some special events that weekend and then expand on events we already do; like Sun-Lrner Reading Program and Arts Fest, Jazz Fest, Weber Day and Intellectual Freedom Festival. September is "get a library card" month. We can do a big campaign and reward the users but get the whole community to come in and visit the library and celebrate with us. Development Office will do a separate donor event that is a thank you event. Foundation will pay for that. This item was included on the agenda so Board could be involved in the events that are planned to say thanks to people who worked so hard. Spreading the money over many different events is worthwhile. Board will be kept informed as we go along. Staff Reports A. Departmental Reports: Children's, Systems, Technical Services The programming aimed at Title 1 students at five elementary schools in Iowa City was a huge success, Co-sponsors of this program were Hancher Auditorium, Iowa City Community School District Title 1 program, Iowa City Public Library, and an anonymous private family foundation. Children's staff is hopeful they can repeat it. Systems upgrade seems extensive, however Nichols explained what we needed to do in preparation for expanding the building. The idea of a "consortium" for our Intemet service connection is very desirable with interest from several public libraries to join up with ICPL, Cedar Rapids, Marion and Hiawatha. Schnack said that this would be an appropriate time to say thanks to Nichols for her nine years of service. Schnack asked about tagging. When it is completed will patrons have the ability to check out their own books? Craig said it will be an option in the new building; we will have t~vo or three self check units. If you prefer to have assistance you can go to the Circulation Desk. In the short term, it will take more staff time to train people and it is hoped that in the long term it will save staff time. Black expects that ali print materials will be tagged at the end of the month. B. Development Office Curtin rera/nded Trustees about the aunual Book Gala at Prairie Lights November 16. C. Council is writing a letter about Patriot Act. In response to a request from the same group who asked our board to take a position on the Patriot act, the City Council was asked to pass a resolution but chose to write a letter at this time. Craig reported on a conversation with someone this week who felt our signs were somewhat inflammatory and not quite accurate and thought we should make it clear that the FBI still had to have a warrant to see anyone's Page No 4 records. Trustees did not feel it necessary to make changes and Craig said she had gotten some good responses. D. All Iowa Reads selection: Niagara Falls all over Again was chosen as the selection for 2004. The author, Elizabeth McCracken, currently resides here in Iowa City. E. Miscellaneous Readings "A City operated by temps", a Guest Opinion in the Press Citizen invoked a discussion. Craig reported that she had no comments or reactions from the public. Craig said it is a complex issue and not easily answered in the paper. Library has used temporary workers for years and the proportion of temporary hours to permanent staff hours is about the same as it always bbs been. They do jobs that are characterized as "student"jobs. Some have chosen to stay here longer. Swaim said it is an issue worth visiting every now and then in order to have an ongoing conscious review of why we use temporary workers like we do. Dean thinks that we should have a conversation about this and maybe the institution has to set some parameters about length of time these positions can be held. It was an issue in labor negotiations last year. The definition became more restrictive. We are now dealing with less than 7 months, less than 10 hours/week unless hourly employees have a student status, which permits working up to 20 hours/week. We have been requiring students to complete a Student verification form and we have been hiring only students. The transition period is up in February and if we don't have an agreement for the furore, we'll have to tell people that they have to document student status, reduce their hours, or possibly be laid off. Board did not think that a response in the paper or a letter to the author of the article was called for. Rather our minutes xvill reflect our concern and desire to continue examining this issue. Article on Patriot Act was included in packet. President's Report Magalh~es reported on his attendance at ILA conference last week. He found it a very wonderful event and attended a session called Board Leadership. He will get notes and share them with Board. Singerman also went to ILA and attended a leadership pre-conference. She thought the leader was outstanding. The leader is working with ILA to develop some sort of leadership training program and Singerman encourages ICPL to send staff to it. Foundation report: They are working on a fundraising dinner that will be held at the Sheraton. They're donating the use of the ballroom on May 2. Theme will be celebrating Iowa City authors. We will invite the authors. The goal is to get all the food donated. More details will come. The Board will be asked to sell tickets. Fund raising goal is $15,000, which will go to the annual fund and support the collection of the library. It is hoped that this will be an annual event. A committee is reviewing the foundation portfolio manager. Next Foundation meeting is in November. Announcements from Members None Quarterly Use Reports: Circulation is down as expected. There have been fewer meetings. Craig pointed out items we're picking up at remote book drop is up 40% from last year. This is a very labor-intensive task and Craig said Board might have to think about limiting the remote book drops if more budget cuts occur. Page No 5 Craig is gratified that the number of people coming in has not dropped significantly. There was a question about the Association file? Information services questions are down. People are not coming upstairs. Questions are being answered at Fiction Desk. Numbers added together are still not the same as when it was one desk. Web resources are being used more heavily but there is less interaction with the public. Due to the inconvenience of the temporary entrance and quarters it will be a strange year. Disbursements A. Review Visa Expenditures for September, 2003 B. Approve Disbursements for September 2003. A motion to approve was made by Singerman and seconded by Schnack. Motion passed 6-0 Set agenda order for November meeting. Meeting is earlier next month, November 20. Bids, realtors, maybe some budget news. Adjournment Moved and seconded by Dean/Singerman. M1NUTES DRAFT IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, OCTOBER 27, 2003 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKiNG FACILITY MEMBERS PRESENT: Saul Mekies, Kimberly Thrower, Terry Smith, Brett Castillo MEMBERS ABSENT: Jim Pusack STAFF PRESENT: Mike Brau, Bob Hardy, Andy Matthews, Dale Helling, Chey Ness OTHERS PRESENT: Randy Brown, Andy Kromphardt, Phil Phillips, Rene Paine, Beth Fisher, Susan Rogusky RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Brown reported that Mediacom has connected to AT&T's point of presence in Cedar Rapids to the Internet. This will result in faster cable modem speeds. Downstream capacity was increased by 72%. At non-peak times use was at about 89% of capacity. It is now 60%. Paine reported that PATV has been discussing instigating membership fees. The topic will be discussed at the annual membership meeting which will be held November 20 beginning at 6:30 at the PATV facility at 226 Lafyette St. Helling said rolling in the drop audit with the refranchising process is being considered. Smith said that a letter from Matthews clarifying Mediacom's compliance with the requirements of the franchise agreement will be needed at some point. Helling reported that afier interviewing the finalists for the refranchising consultant contract Rice, Williams was unanimously selected. A contract will be developed and forwarded to the City Council. Chey Ness introduced herself and distributed a print-out of the updated Avatar web page. The web page provides detailed explanations of the mission of the project and the services offered, and opportunities for public input into the process. Ness said that the Avatar Project is a community knowledge sharing service using the resources and facilities of the City Cable TV Division to produce live viewer interactive programs and provide public service programming. A live viewer call-in program will be held December 8 in the early evening. The topic of the program is "Vote for Your Community." APPROVAL OF MiNUTES Mekies moved and Thrower seconded a motion to approve the September 22,2003 meeting minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer was unable to attend the meeting. Smith noted that the complaint log was included in the packet. Thrower referred to the new quarterly complaint report included in the packet she and Shaffer developed. These detailed reports will be provided to Mediacom to assist them in resolving problem areas. MEDIACOM REPORT Brown reported that Mediacom has connected to AT&T's point of presence in Cedar Rapids to the Intemet. This will result in faster cable modem speeds. Downstream capacity was increased by 72%. At non-peak times use was at about 89% of capacity. It is now 60%. Brown said that Mediacom will provide the phone response data requested by the City in the next week. UNIVERSITY OF IOWA REPORT Kromphardt reported the University of Iowa will begin cablecasting three new series, the Ida Beam lecture series, a student produced series called "UI' about the resources and services of the University available to students, and "Live from Prairie Lights". The College of Education also is producing a series. PATV REPORT Paine reported that PATV has been discussing instigating membership fees. The topic will be discussed at the annual membership meeting which will be held November 20 beginning at 6:30 at the PATV facility at 226 Lafyette St. A staff retreat to discuss a number of items relating to PATV operations was recently held and another will be held in December. Three fall production interns are working with PATV. SENIOR CENTER REPORT Rogusky reported that among new programs produced by Senior Center TV (SCTV) is a program on dementia, a style show (using 3 cameras), and Mature Focus, which will be on Project Holiday. A program on death and dying is being planned IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT No representative was present. LEGAL REPORT Matthews said he had nothing new to report. LIBRARY REPORT Fisher reported that two installments of the International Writing Program will be taped before the end of the semester. Three Community Reading Month Book Talk Luncheons programs were cablecast this year, two of which were shot by the Community Programmer, who also has been shooting the Gardening Forums. Given the conditions surrounding construction of the new library more productions were undertaken than initially anticipated. KIRKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported that InfoVision has compiled information from the Visiting Nurses Association on flu shots. The Avatar section on InfoVision has been revamped. The Community Television Service (CTS) taped two programs in association with the Community Mental Health Center. A candidate forum sponsored by the American Association of Retired People was also shot by the CTS. Another live program from the Senior Center, a legislative forum, was shot. Coleman recently gave a talk to a museum association utilizing community television. The CTS and Media Unit produced a program in association with the Iowa Department of Corrections and the Domestic Violence Intervention Program. The Media Unit recently covered the Human Rights Award Breakfast, produced a program on service animals and the law and provided coverage of the City Council candidate forums. Coverage of a Latino conference is planned and a longer informational program dealing with the City's new building ordinance is in the works. Hardy said that 96.5% of the programming the last month was locally produced. CABLE TV ADMINISTRATOR REPORT Shaffer was unable to attend the meeting. DROP AUDIT Helling said rolling in the drop audit with the refranchising process is being considered. Smith said that a letter from Matthews clarifying Mediacom's compliance with the requirements of the franchise agreement will be needed at some point. REFRANCHIS1NG UPDATE HelIing reported that alter interviewing the finalists for the refranchising consultant contract Rice, Williams was unanimously selected. A contract will be developed and forwarded to the City Council. SETTLEMENT ON RATES Brown said that Mediacom will provide an answer to the City's proposal next week. AVATAR PROJECT Chey Ness introduced herself and distributed a print-out of the updated Avatar web page. The web page provides detailed explanations of the mission of the project and the services offered, and opportunities for public input into the process. Ness said that the Avatar Project is a community knowledge sharing service using the resources and facilities of the City Cable TV Division to produce live viewer interactive programs and provide public service programming. A live viewer call-in program will be held December 8 in the early evening. The topic of the program is "Vote for Your Community." The League of Women Voters will provide the primary guests. Improvements to the studio set have been made. Over 200 people have contributed program topic ideas. Ness recently attended the Chamber of Commeme Community Leadership Program, which shares a number of the same goals as the Avatar Project. ADJOURNMENT Mekies moved and Castillo seconded a motion to adjourn. Adjournment was at 6:15 p.m. Respectfully submitted, Michael J. Brau Cable TV Administrative Aide MINUTES '"' PLANNING AND ZONING COMMISSION FORMAL MEETING ~. ,~ THURSDAY, NOVEMBER 6, 2003 - 7:30 PM ~' ~'~.~ tl ~,~'~;~-" ~;~,~ ~,~ '% ~'- EMMAJ "ARVAT HALL -IOWA CITY CITY HALL ~i' ~i~/~'~''~ MEMBERS PRESENT: Don Anciaux, Ann Bovbjorg, Benjamin Chair, Ann Freerks, Jerry Hanson, Both Koppes, Dean Shannon MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Mitch Bohr OTHERS PRESENT: Joe Holland, James A. Clark CALL TO ORDER Chairperson Bovbjerg called the meeting to order at 7:35 PM. RECOMMENDATIONS TO COUNCIL Recommended approval, by a vote of 7-0, REZ03-00022 a rezoning of approximately .33 of an acre at 512 S. Dubuque Street from Planned High-Density Residential Multi-Family (PRM) to Sensitive Areas Overlay - Planned High Density Residential Multi-Family (OSA-PRM) and the associated Sensitive Areas Development Plan Recommended approval, by a vote of 7-0, SUB03-00036, a preliminary plat for Wild Prairie Estates Part 5, a 25.79-acre, 35-1ot subdivision located at Wild Prairie Drive and Prairie Grass Lane. Recommended approval, by a vote of 7-0, amendments to the definitions of restaurants pertaining to drive-through carryout restaurants. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS Bovbjerg announced there are currently three (3) vacancies on City Boards and Commissions; two (2) vacancies for the Airport Commission and one (1) vacancy for the Planning and Zoning Commission. Please see the City Clerk for more information and details concerning these vacancies. ZONING ITEMS 1. REZ03-00022 Discussion of an application submitted by University View Apartments for a rezoning from PRM, Planned High Density Multi-Family Residential to OSA-PRM, Sensitive Areas Overlay, for an approximate 0.33 acre property located at 512 S. Dubuque Street. (45-day limitation: December 6, 2003) Miklo said the applicant is requesting a rezoning from Planned High Density Multi-Family Residential (PRM) to Sensitive Areas Overlay (OSA-PRM) for a property located at 512 S. Dubuque Street. The applicant wishes to construct a 12-unit apartment building on the property, which is permitted within the PRM zone. However, the proposed parking lot associated with the building would encroach into areas of protected slopes (40% or steeper), requiring that a sensitive area development plan and rezoning be reviewed prier to the issuance of a building permit. The protected slope is man-made and occurred as a result of filling and dumping in the past. There are two other properties adjacent to this property that were previously approved for further alterations to the slope. The Sensitive Areas Ordinance allows for alterations of protected slopes if they were previously altered and if it can be shown by an engineer or geologist that the disruption to the slope will not destabilize the slope or cause any damage to the property or adjacent properties. There is a report from Terracon Engineering that has been reviewed by City Engineers, which states if certain conditions that are outlined in their report are adhered to, the proposed construction will not cause instability in the slope. Miklo stated the Staff finds that this meets the intent of the Sensitive Areas Ordinance, and they are recommending approval. The approval is subject to the adherence to the recommendations of the Terracon Engineering report as approved by the City Engineer. The approval of the City Engineer is to Planning and Zoning Commission Minutes November 6, 2003 Page 2 safeguard that in the event the construction crew finds the conditions of the slope are different than expected, the City Engineer would be able to approve alternative ways of dealing with the situation. In response to a question from Freerks, Miklo said the prior approvals of slope alterations on the adjacent properties were made after the Sensitive Areas Ordinance was approved. Public Discussion Opened Joe Holland introduced himself as the attorney representing the applicant. He said he concurs with the staff recommendation that this application be approved, and they will certainly comply with the recommendations made by Terfacon and subject to consultation with the office of the city engineer. He said a structural engineer with N & W Engineering is designing the wall system/retaining structure in compliance with Terfacon recommendations. He asked the commission to please vote on the application tonight in order to have all issues surrounding the construction of the building go through council at one time for public discussion purposes. In response to a question from Bovbjerg, Holland said Terracon would be on-site at the critical stages of the wall construction. James Clark, the applicant, described the wall construction process in response to a request from Bovbjerg. He said the wall is constructed by placing a global grid, which is like a horizontal mat, down every X number of feet, that is then filled with gravel. The process is repeated in an upward direction at predetermined intervals. This grid/gravel process is to prevent pressure from the earth moving the wall. Bovbjerg asked for any other public discussion. There was none. Public Discussion Closed. MOTION: Shannon moved to approve REZ03-00022 a rezoning of approximately .33 of an acre at 5'12 S. Dubuque Street from Planned High-Density Residential Multi-Family (PRM) to Sensitive Areas Overlay - Planned High Density Residential Multi-Family (OSA-PRM) and the associated Sensitive Areas Development Plan subject to the adherence to the recommendations of the Terracon report and as approved by the City Engineer. Hanson seconded the motion. All in favor, motion passed 7-0. 2. REZ03-00023 Discussion of an application submitted by Idyllwild II for an amendment to an existing Planning Development Housing Plan to remove a requirement for an internal sidewalk. (45-1imitation period: November 12, 2003) This item was deferred indefinitely at the request of the applicant. DEVELOPMENT ITEM 1. SUB03-00036: Discussion of an application submitted by Kennedy-Hilgenberg Enterprises for a preliminary plat of Wild Prairie Estates, Part 5, a 35-1ot, 25.79-acre residential subdivision located north of Wild Prairie Drive. (45-day limitation period: October 26, 2003) Miklo stated this subdivision was presented at a previous informal meeting and there were two outstanding issues. One issue is a request from staff for a trail between lots 133 and 134 to gain access to the open space. After looking at the topography of the site and speaking with the applicant, it was determined a trail would not be practical in this area and are no longer recommending this be a requirement. The second issue concerns the extending of Wild Prairie Drive across the creek to the other side of Outlot C and a temporary turn-a-round at this termination. The applicant has amended the plat and now reflects the extension of Wild Prairie Drive as recommended by staff. Miklo said Staff believes the application for a preliminary plat is in order for approval and recommends that it be approved. Bovbjerg asked commission members if they had any questions for Staff. There were none. Public Discussion Opened Planning and Zoning Commission Minutes November 6, 2003 Page 3 There was none. Public Discussion Closed MOTION: Chait moved to approve SUB03-00036, a preliminary plat for Wild Prairie Estates Part 5, a 25.79-acre, 35-1ot subdivision located at Wild Prairie Drive and Prairie Grass Lane. Anciaux seconded the motion. All in favor, motion passed 7-0. CODE AMENDMENT ITEM The proposed code amendment change is to the definitions of "restaurant" in the Zoning Code to allow carry-out restaurants that have seating area in the CB-10 zone. Miklo reviewed the current zoning ordinances for restaurants. He said the definitions that we have currently in the Zoning Code have been problematic due to the rigidity of defining restaurants by the ratio of seating area to total floor area. The ordinance breaks restaurants down into three categories; restaurants, restaurants that are carry-out] delivery, and restaurants that are drive through/carry-out. "Restaurants" are those that have over 50% of the floor area devoted to seating. Establishments that have no seating are defined as carry-out]delivery restaurants. Those with less than 50% of the floor area devoted to seating are defined as drive- through/carry-out restaurants, regardless of whether they actually have a drive-through. He said the reason for the distinction in restaurants, which was done many years ago, was to distinguish the amount of parking that was provided and to distinguish between restaurants that were "auto-oriented", like fast food restaurants. This distinction showed which zoning districts would allow the different types of restaurants. In recent years they have found the distinction is not as clear or as necessary as provided by current zoning ordinances. It is clear whether there is a drive-through/auto oriented use, and this would not necessarily be appropriate in all zones. However, the distinction of the term carry-out is not as clear in reality. There are many instances where there are restaurants that have less than 50% of their floor area devoted to seating and are not really auto oriented. True drive-through restaurants have replaced what were carry-out type restaurants in the past. Some food businesses, like sandwich and coffee shops, now have larger food preparation areas and smaller seating areas. Miklo said the apparent reason to make the current distinction between types of restaurants is to make it easier to establish distinct parking requirements for different types of restaurants and also to regulate more carefully those restaurants that have drive-through facilities. These purposes can be achieved, however, without placing such a rigid distinction based on the relative amount of seating area. In the past restaurant owners have applied for a special exception or reconfigured their space to accommodate the zoning ordinances. Miklo provided a list of restaurants where the definition of the term restaurant has been problematic. However, in the Downtown and Neighborhood Commercial Zones a special exception is not a possibility as the zoning ordinance is written. Therefore, Staff feels it is necessary that the code be amended to clarify that restaurants should not defined as carry-out simply because less than 50% of the floor area is not devoted to seating. Staff recommends, therefore, that the definition of restaurants be amended as follows: In14-6B-2: Definitions, delete the definitions of Restaurant, Restaurant - Carry-out]Delivery, and restaurant - Drive Through/Carry-Out. In 14-6B-2: Definitions, replace the aforementioned definitions with the following definition of Restaurant. RESTAURANT: An establishment where the principal business is the preparation of edible foodstuff and/or beveraqes primarily for the consumption on or off the premises. Restaurants where the foodstuff and/or bevera.qes are dispensed primarily for off-site consumption are considered "carry-out]delivery restaurants." "Drive-through restaurants" are restaurants that have drive-through or drive-in facilities. Drive-through restaurants are considered "auto-and truck-oriented uses" and as such are only allowed in zones where auto-and truck-oriented uses are allowed. IN 14-6N-1J: Required Number of Parking Spaces, amend paragraph 2.t; deleting the word "carry-out" from the title. Planning and Zoning Commission Minutes November 6, 2003 Page 4 Miklo responded to a question by Freerks by stating the amendment would apply to all zones but would have the most effect in the CB-10 zone. Aisc, parking will stay the same with the underlying zone requirements. Hanson questioned if the amendment would effect a restaurant with an outdoor seating area. Miklo said he did not believe so because the outdoor seating is considered temporary and not year round seating for the restaurant. Bovbjerg clarified that the amendment would only allow drive-through restaurants in areas zoned for auto and truck oriented use, but would allow for any other type of restaurant be allowed in other commercial zones in the city. She also stated this zoning issue first seemed to just pertain to the new proposed Starbucks restaurant but realizes this problem is more deeply rooted. She said it is important that the ordinances reflect the changes in time, cars, food and where people are downtown. Miklo said they have noted at least twice in the past year where this same zoning issue has been questioned, and staff realized that a change needed to be made. Public Discussion Opened There was none. Public Discussion Closed MOTION: Freerks moved to replace the old definition of restaurant with the following definition of restaurant. Restaurant: An establishment where the principal business is the preparation and dispensing of edible foodstuffs and/or beverages primarily for consumption on or off the premises. Restaurants where the foodstuff and/or beverages are dispensed primarily for off-site consumption are considered "carry-out/delivery restaurants." "Drive-through restaurants" are considered "auto-and truck-oriented uses" and as such are only allowed in zones where auto-and truck-oriented uses are allowed, Seconded by Koppes. DISCUSSION: Bovbjerg said this is a nice example of staying up to date even though one the newspapers says the current code is based on a philosophy of legislating design and needs to be reexamined. She thinks they are doing the right thing and not buckling under pressure of editors or Starbucks. Shannon said they are not changing the code for one person, and one situation. He hopes it does not appear this way but also hopes the Government can be this flexible all the time. Anciaux noted the definition has been problematic for many restaurants in the past and causing undue hardship, therefore change was necessary. Freerks said the recent history is pretty flush with examples of why this needed to be changed, and it is the right thing to do and makes good sense. Koppes said the change is not just for downtown, it is citywide change and thus does not pertain to just one business. VOTE: All in favor, motion passed 7-0. OTHER ITEMS Miklo said they are looking for items/recommendations from the commission as to what they feel are important and should be considered highly when the Staff prepares the Capitol Improvements Program for consideration by the City Council. He asked for each member to submit three or four items and staff will rook for a consensus. The following are items the commission members suggested for consideration. Bovbjerg noted the items that are really important address community health, safety and welfare. Foster Road/Dubuque Street Gilbert Street & Hwy 6 Sidewalk Hwy 1 West Fire Station Number 4 Mormon Trek Left Turn Lanes Dubuque & Church Street Left Turn Lanes Lower Muscatine- Spruce to DeForest Dodge Street Improvements Bike Path Hwy 6 to Coralville Hwy 6 sidewalk trail near Veterans Hospital to Coralville' Planning and Zoning Commission Minutes November 6, 2003 Page 5 Recreation Center Window Replacements Approval of October 13, 2003 Meeting Minutes MOTION: Anciaux moved to approve the minutes as submitted. Shannon seconded the motion. All in favor, motion passed 7-0. ADJOURNMENT Bovbjerg thanked the individuals who ran for City Council. She noted the next meeting, November 17, 2003 will have a heavy agenda and hopes everyone will be present. MOTION: Chait moved to adjourn the meeting. Shannon seconded the motion. All in favor, motion passed 7-0. Jerry Hanson, Secretary Minutes submitted by Jennifer Sherlock data on tit ynt/pcd/minule s/p&z/2003 11-06 p&z doc