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HomeMy WebLinkAbout2003-12-11 Info Packet CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY December 11,2003 www,icgov.org I M,SCE..A. EOUS .TEMS I IP1 Memorandum from City Clerk: Laptop Volume Change and Council Photo IP2 Memorandum from City Attorney to Council and Planning and Zoning Commission: CB-10 Self-Supported Municipal Improvement District (SSMID) - Conflict of Interest Issue IP3 Letter from Community and Economic Development Coordinator: 1999 Economic Development Strategy - Accomplishments IP4 Memorandum from Police Captain Widmer to City Manger: International Policing Seminar IP5 Letter from Paul Trimpe to Police Department: Citation IP6 Iowa City Housing and Inspection Services Customer Service Survey - December 2003: HOW ARE WE DOING? IP7 Iowa City Police Department Use of Force Report - November 2003 IP8 Article [Denver Post]: Consumers Wonder if Cards Count as Unclaimed Property IPlab] IP9. Minutes: November 4 City Council Economic Development Memorandum from Assistant City Manager to Mediacom: City Franchise Renewal I PRELIMINARY/DRAFT MINUTES I IP10 Iowa City Board of Adjustment: November 12 IPll Iowa City Telecommunications Commission: November 24 CITY COUNCIL INFORMATION PACKET CITY OF ]OWA CITY December 11,2003 www.icgov.org MISCELLANEOUS ITEMS IP1 from City Clerk: Laptop Volume Change a~ Council Photo IP2 from City Attorney to Council and 'lanning and Zoning B-10 Self-Supported Municipal District (SSMID) - C, rest Issue IP3 Letter from nity and Economic Devek )ment Coordinator: 1999 Economic Develo - Accom IP4 Memorandum from Captain Widme~ City Manger: International Policing Seminar IP5 Letter from Paul Trimpe to Departn Citation IP6 Iowa City Housing and Ins Customer Service Survey - December 2003: IP7 Iowa City Police Department Use e Report - November 2003 IP8 Article [Denver Post]: Consu if Cards Count as Unclaimed Property [Pfab] IP9 Minutes: November 4 ~ment PF IDRAFT MINUTES~.. IPlO Iowa City Board ~ ustment: November 12 IP11 Iowa City Tele, Commission: November 24 City of Iowa City MEMORANDUM DATE: December 9, 2003 TO: Council and Council Elect FROM: Marian K. Kart, City Clerk ~,~)~x RE: Laptop Volume change and Council Photo All Council Members should leave their laptops (including cord) after their meeting next week. for volume changes for 2004. Laptops should be in my office no later than Thursday morning, December 18. This will enable council elect training the week of the 22nd. There will be no packet next Thursday, December 18th. Members of the 2004 Council may pick up their laptop and packet for meetings of January 5 and 6 after 3:00 on Tuesday, December 23, or all day December 24. After that time packets will be in Police Department. No packet is scheduled for December 31. Due to technical difficulties the Council photo taken on December 2 will have to be re- done. A picture of the 2004 Council has been scheduled for Monday evening, December 15, prior to your work session. cc: Mary Suchomel s:volumechangemeo.doc City of Iowa City MEMORANDUM Date: December 8, 2003 To: City Council; Planning and Zoningx(~ommission From: Eleanor M. Dilkes, City Attorney~,~4~/ Re: CB-10 Self-Supported Municipal Improvement District (SSMID) - Conflict of ~lnterest Issues Background As you know, a petition has been filed by downtown property owners pursuant to Chapter 386 of the Iowa Code, requesting that the Council establish the CB-10 Self-Supported Municipal Improvement District. If created as requested, an additional tax of $2.00 per $1,000 of assessed value will be assessed against proper[les within the district. Two council members, Connie Champion and Ernie Lehman, rent property within the proposed district. It is my understanding that Mayor Lehman, as the tenant, is responsible for the taxes on the property and that Connie Champion would take responsibility for any increase in taxes. Council Member Dee Vanderhoef is the spouse of Pete Vanderhoef. It is my understanding that Pete Vanderhoef owns a small percentage of the Dey Building located within the proposed district and is a majority owner of the Iowa Book & Supply business, which is a 75% tenant in the Dey Building and accordingly pays 75% of the taxes. As discussed in an earlier opinion regarding the spousal relationship between Dee and Pete Vanderhoef, a financial impact on the spouse of a council member is prudently treated as a financial impact on the Council Member. Finally, Benjamin Chair, a member of the Planning and Zoning Commission, to whom the petition has been referred, owns property within the proposed SSMID district. Significantly, the Iowa Code imposes strict passage requirements for the creation of a Self-Supported Municipal Improvement District. A SSMID ordinance must be approved by 75% of the members of the Council. (Councilors who abstain due to a conflict of interest are not included as members of the Council.) A unanimous Council vote is required if a petition opposing the SSMID is received, which contains the signatures of 25% of the property owners within the proposed district who represent at least 25% of the assessed value. If an opposition petition containing the signatures of 40% of the property owners who represent at least 40% of the assessed value of the district is received at any time, the SSMID ordinance must be withdrawn from Council consideration. Conclusion It is my opinion that council members and planning and zoning commission members who own or rent property or are the spouse of one who owns or rents property within the proposed CB-10 SSMID district such that they are financially impacted by the increase in taxes such a district would bring, are disqualified due to conflict of interest from participating in proceedings to create the proposed district. While, as discussed below, there is an argument to the contrary, I have arrived at this opinion after considering, among other things, the strict passage requirements for a SSMID, the direct financial impact on owners and tenants within the district due to the increase in taxes which would result from such a district, and the lack of statutory language renunciating common law conflict-of-interest principles. December 8, 2003 Page 2 Discussion Iowa law provides no clear answer to the question of whether persons who own or rent property in a proposed SSMID district are disqualified from voting on the creation of the district. The seminal conflict of interest case in Iowa is the 1969 case of Wilson v. Iowa City, 165 N.W.2d 813 (Iowa 1969). In that case, the Iowa Supreme Court examined the common law foundation for the statutory conflict of interest provision in the then urban renewal law, and held that council members who owned or rented property within the proposed districts and a council member employed by the University of Iowa, which owned real estate in the area and was vitally interested in the project, were disqualified due to conflict of interest from participating in the urban renewal proceedings. As a result of the Court's ruling, all actions taken in connection with the urban renewal proceedings were rendered void. In Wilson, the Court explained the foundations of the common law conflict of interest rule: We doubt if any rule of law has more longevity than that which condemns conflict between the public and private interests of governmental officials and employees, nor any which has been more consistently and rigidly appfied. The high standards which the public requires of its servants were set by common law and adopted later by statute. It is almost universally held that such statutes are merely declaratory of the common law. These rules, whether common law or statutory, are based on moral principles and public policy. They demand complete loyalty to the public, and seek to avoid subjecting a public servant to the difficult and often insoluble task of deciding between public and private advantage. It is not necessary that this advantage be a financial one. Neither is it required that there be a showing the official sought or gained such a result. It is the potential for conflict of interest which the law desires to avoid. Id._~ at 822 (citations omitted). Immediately after the Wilson decision, the legislature amended the urban renewal law to provide that a council member would not be disqualified by conflict of interest except with respect to those actions which specifically affected his or her property as a separate property but not to those actions which affected all property within the proposed urban renewal area. Iowa Code Section 403.16. Similarly, in 1972, the enactment of the special assessment division of chapter 384 of the State Code on city finance included a provision stating: "Ownership of property to be assessed by an improvement does not, except for fraud or bad faith, disqualify a council member from voting on any measure." Iowa Code Section 384.51. Thus, by statute, ownership or lease of property within the affected area does not prohibit a council member from participating in the designation of an urban renewal area, or in the proceedings regarding the special assessment of property to pay for a public improvement. Significantly, when the SSMID statute was enacted in 1976, the legislation included no provision regarding disqualification due to conflict of interest despite the similarity of many provisions to the proceedings necessary to establish special assessments. In my opinion, the lack of a legislative statement repudiating the common law principles December 8, 2003 Page 3 enunciated in Wilson supports the conclusion that council members who have property interests within the proposed SSMID district are disqualified due to conflict of interest. See Eaton v. Iowa Appeal Board, 602 N.W. 2d 553, 556 (Iowa 1999) (legislative interest is expressed by omission as well as inclusion) On the other hand, due to the lack of guidance in Iowa on the specific issue, I have searched for case law in other jurisdictions. While there is not an abundance of law in other jurisdictions, there is some case law supporting the conclusion that a council member with a property interest in the proposed district would not be prohibited from participating in the creation of such a district. See, e.g., Simmons v. City of Moscow, 111 Idaho 14, 720 P.2d 197, 201 (Idaho 1986); Schumacher v. City of Bozeman, 174 Mont. 519, 571 P.2d 1135, 1140-42 (Mont. 1977). However, in the absence of statutory guidance such as that found in the urban renewal and special assessment law, we are left with the strict common law principles discussed in the Wilson case. While acknowledging an argument to the contrary, it is my considered opinion that council members and Planning and Zoning Commission members with an interest in property located within the proposed SSMID district who are impacted financially by the creation of the SSMID district due to the increase in the taxes (either directly due to higher tax payment or indirectly by higher rent payment) are disqualified from participating in the creation of the district due to conflict of interest. In coming to this conclusion, I have considered the strict requirements imposed by the legislature for the enactment of a SSMID district, the direct financial impact on property owners or tenants within the district due to the increase in taxes and the lack of statutory language renunciating common law conflict of interest principles. Finally, in cases of doubt, for the reasons enumerated by the Iowa Supreme Court in Wilson, public officers should err on the side of disqualification. Please feel free to contact me if you have any questions. cc: Steve Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk Karin Franklin, Director of Planning and Community Development Steve Nasby, Community and Economic Development Coordinator Assistant City Attorneys eleanoflrnem/SMID.doc City of Iowa City M MORANDUM DATE: December 9, 2003 TO: City Council Steven Nasby, Community and Economic Development Coordinator ~?? FROM: RE: 1999 Economic Development Strategy -- Accomplishments At their November meeting, the City Council Economic Development Committee completed a review of Towa City's 1999 Economic Development Strategy. Since this Economic Development Strategy was put into place many of the strategies and action items identified for business retention and expansion, business attraction and entrepreneurship have been implemented. The following is a brief description of the accomplishments. Business Retention and Exoansion · Conduct business retention survey In 2000-2001, the City's Economic Development office conducted a survey in conjunct/on w/th a Field Problems c/ass from the University of Iowa. In add/t/on, the Iowa City Area Development Group (ICAO) is doing individual interviews and surveys. · Follow up on issues of concern to ]~owa City businesses Approximately 50 one-on-one bus/ness v/s/ts by City Council Economic Development Committee and City Economic Development staff have been completed. · Evaluate and make any necessary changes to the City's regulatory process The City's development code is being completely re-written and is targeted for comp/et/on in mid-2004. · Znvest in public places Capita/projects have been completed that include the Iowa Avenue streetscape, Ped I~a/I, Public Library and Norths/de market p/ace. · Construct Public Tmprovements Numerous public works projects have been completed that include the Iowa Avenue and Court Street parking facilities, water and sewer distribution and collection upgrades, new water and wastewater plants, major extensions of streets including First Avenue, Scott Boulevard and l~ormon Trek Boulevard. · Develop marketing materials that outline financial assistance programs Informational and targeted brochures have been completed. In add/t/on, information about Iowa City's #nancia/ ass/stance programs is on the web at www. /cqo v. o rq/bus/ness, asp. · Work with the Small Business Development Center (SBDC) and other agencies to promote small business Economic Development staff works with organizations such as the SBDC and Institute for Social and Economic Development to coordinate efforts, promote Iowa City's financial assistance programs and to leverage other funding from both private and public lenders. December 9. 2003 Page 2 Business Attraction · Prepare materials that specifically market and promote Iowa City Marketing efforts to date have been focused on Iowa City a part of the Technology Corridor and specific information about Iowa City is ava#able as part of the Location One Information System (LOIS). · Develop professional presence for the City and its economic development activities on the Web "Bus/ness" page on City's web site has been completed and maintenance of the site is on going, · Enhance the City's relationship with commercial and industrial developers and property owners Bus/ness v/sits have included commercial and industrial developers, coordination with ICAD has provided another avenue for the City to interact with this group and a site inventory of commercia/lindustrial property is maintained on the web through LOIS. · Plan for future industrial park land Development of the Aviation Commerce Park has been completed and property along the Mormon Trek extension is now available for development due to the City's capita/investment in the area. · Take a more active role in marketing and promoting Iowa City through cooperative efforts Council members and City staff are involved with regional efforts such as the Technology Corridor, ICAD and the Chamber of Commerce. Staff a/so works with the Iowa Department of Economic Development on jointly funded projects. · Evaluate the need and plan for, if necessary, new commercial cores Neighborhood commercial centers were identified in each of the five District Plans completed. The districtlneighborhood p/anning process is on'going. Entr~ · Develop a financial assistance program for start-up businesses using CDBG funds ~ CDBG Economic Development Fund is operational and five awards projects were funded. · Periodically consider the incubator concept CDBG funds were awarded to a local non-profit to ass/st retail micro- enterprises owned bypersons with disabilities. Economic Development staff has a/so met with representatives of the UI Bus/ness Department to explore the possibility of a new entrepreneur/a/center. Tf you have any questions about these activities or need additional information please contact me at 356-5248 or via e-mail at Steven-Nasby@iowa-city.org. Cc: City Nanager Karin Franklin, Director of Planning and Community Development Memorandum Date: December 5, 2003 To: Steve Atkins ~ From: Captain Tom Widmer~ Ref: International Policing Seminar On Wednesday, December 3, local law enforcement agencies were invited to attend a seminar in the Emma J. Harvat Hall sponsored by the Office of International Students and Scholars. This program was made possible through a grant to foster relationships between law enforcement and foreign students attending the University of Iowa. The local program is called "Painting Between the Lines". Students from Sudan, Ukraine, lndia, Ghana and China gave a brief account of the perspective of police in their home country. Needless to say, it was quite a contrast to how they perceive police in the Iowa CRy area. Under Chief Winkelhake's guidance, the Iowa City Police Department has chosen to be a part of this program, both in planning and participation. This latest event not only helps us be aware of the perception issues brought about by different cultures in our Community, it also lets the international student community know we do care about the service we provide them. Seven Iowa City Police Officers were in attendance. CC: Chief Winkelhake Be City Police Dept~ Enclosed find check for a fine. Sorry you had to add my name to your list.(my citation was not readable)The Officer told me there werr~e a lot of accidents in that area but then backed off and said quite a few. If this area is so danderous why has nothing been done about iy besides writing tickets? I,m not an engineer but it seems that a 2 lane lef~turn would help. They have these at other intersections. Of course ! wont visit the area againas I wil buy my groceries locally K Mart business will go to Wal Mart Corgille Menards to Lowes, In replacind my car ! did noy consider any Ia City auto dealers. Please send me the police report of my accident. Respectually Yours Iowa City Housing and Inspection Services Customer Service Survey ~ December 2003 FlOW Al lii DOINGP "I think you are going great." 1) I have been in your office twice this summer and your staff - especially Terry and Jann were extremely friendly and willing to help me with concrete driveway planning. 2) At my inspection - Bob Shaver was very courteous and helpful. "Patricia MacKay is a pleasure to work with." "Norm rocks. By far the most professional inspector you have. It's all about class." "I am very pleased with the job Ad[ did when my rental property was inspected. Art helped me identify problems or potential problems that might have been overlooked otherwise. Thank you." "The cost of the permit is ultimately paid by the tenants. Your cost to the tenants is quite hight." "Inspection with Norm Cate - showed up on time - very nice - looked at everything that he needed to but didn't take too long - answered all questions that I had." "Doug - Give this inspector a raise in pay! The manner in which he conducted this inspection was both knowledgeable and respectful. Bob Shaver, in this instance, exemplified the best traits of a housing inspector and employee of Iowa City." "Art Anderson did a very in-depth inspection. We appreciated his comments and did follow through with the suggestions for improvements. Thank you for your help in keeping our rental property "up to snuff." "Something I'd have to say I don't really look forward to, but also fair." "Fine." "Patricia MacKay was the housing inspector that we saw this time. She was very personable, thorough and helpful. We really appreciated the time she took to look into our specific questions and answer in a timely manner." "P. MacKay was very courteous and thorough and pleasant to work with. Although we had several things - projects - to fix or re-do - she displayed professionalism in seeing everything to proper order." "I feel like the Inspection Dept. has always been a great help to me, as a landlord. I feel very comfortable asking them for advice (even earlier than on inspection time) about my houses. John Bovey has always been very helpful." "Norm was an excellent inspector. Very prompt and courteous." "We found Patricia to be very professional, knew the codes and had an agreeable manner." Iowa City Housing and Inspection Services Customer Service Survey ~ December 2003 Page 2 "Okay we suppose for the money it would seem that the permits would be better than a sheet of typing paper." "Art does a good job of inspecting. He is an asset to your force." "I found Bob to be thorough and professional. His manner was pleasant." "You did great. Thank you. P.S. Thanks for the tips." "Ms. MacKay was very courteous and professional. The process went very smoothly. Thank you. "I paid $560 for 45 minutes of inspection, which he found a few minor things that needed to be corrected. Never did I get a list of those things to correct. I did correct things, and was waiting for someone to come and check the apartments to get my permits. I feel I gave you people $560 for nothing. I keep my apar[ments up and try to keep rent down, but between taxes, water, inspections that do nothing, it is hard. People wonder why rents are high. The City is the biggest reason I know. Why do we have inspections? "Art did a great job. Very understanding with good time lines. All allow work to get done. Thanks." "Everything was fine." "Bob Shaver was very professional and careful. He was friendly and made me feel at ease. You are doing fine." "Inspector: John Bovey. John was wonderful to work with. Extremely knowledgeable and easy to understand. Honestly a pleasure to deal with. Keep up the good work!" "Last two inspectors - good. They were reasonable. Other times got a little overprotective." "As a whole we feel that these people doing the inspections are using the property judgment in their decisions on what has to be replaced or fixed on our properties." "Bob Shaver did a great job helping me with my rental property." "Art was very understanding and patient in regard to my need for extra time to pour a big parking area. An easy guy to work with. Thanks Ad!" "Pleasure to work with Bob - he does a great job." "Excellent professional service from John Bovey." "Thumbs up!" IOWA CITY POLICE DEPARTMENT I I[~? I USE OF FORCE REPORT November 2003 OFFICER DATE INC # INCIDENT FORCE USED 57 11-03-03 3-58269 Injured Animal The officer responded to a complaint of an injured raccoon. The raccoon's rear legs were broken and the officer used his side arm to dispatch the animal. 36 11-05-03 3-58628 Injured Animal The officer responded to a complaint of an injured deer. The officer used his side arm to dispatch the deer. 27 11-08-03 3-59176 Disturbance The subject placed her hand on the officer's chest and attempted to push him away. The officer restrained her by grabbing her arm and using a hands control technique to handcuffher. She continued to struggle with the officer who then held her against a wall until she stopped resisting. 30, 40 11-09-03 3-59360 Domestic Assault The subject who was sitting in a chair at the time he was told he was under arrest disregarded officer commands to stand up. The officers lifted the subject from the chair and used an arms control technique to place his hands behind his back to handcuffhim. After arriving at the jail he refused to get out of the patrol car and had to be lifted out. 6, 39 11-10-03 3-59512 Suicidal Subject The subject was banging his head against a counter so the officers restrained and handcuffed him to prevent him from hurting himself. 55 1 I- 12-03 3-59830 Injured Animal The officer used his side arm to dispatch a deer that had been struck by a vehicle. 6 11-13-03 3-60029 Injured Animal The officer used his side arm to dispatch a deer that had been struck by a vehicle. 54, 59, 4 11-15-03 3-60461 Intoxicate Subject After advising the first subject that he was under arrest he jerked away from the officer and used profanities as he told the officer to get his hands off of him. The officer deployed a chemical agent and was then able to handcuff the subject. A second subject used OFFICER DATE INC # INCIDENT FORCE USED profanities as she disregarded officer commands to step back. When the subject was told she was under arrest she refused to place her hands behind her back and the officers used a hands control technique to gain control of her arms. She was then placed against the patrol car where she was handcuffed. 98 11-15-03 3-60472 Criminal Trespass After the subject was handcuffed he tensed up and attempted to push away from the officer. After the officer directed the subject to the ground he no longer resisted and the officer was able to pat him down. 16 11-15-03 3-60618 Trespass The subject continually pulled away from the officer while being handcuffed. The officer directed the subject to the ground where he was handcuffed. 19, 47 11-18-03 3-61129 While being escorted to the patrol car the subject attempted to grab a bag from the officer's hand and nm away. The officer was able to grab the subject and direct her to the ground where she continued to assault the officer. The officer restrained the subject on the ground until a second officer arrived and they were able to use a hands control teclmique to place her hands behind her back to handcuff her. 13, 6 11-22-03 3-61852 Suspicious activity When the subject was told he was under arrest he initially placed his hands behind his back, but then fled. The officers caught the subject after a short foot chase and directed him to the ground where he was handcuffed. 11, 60 11-23-03 3-61982 Intoxicated person When the subject was advised that he was under arrest for public intoxication he jerked away from the officer and attempted to walk away. When the officer grabbed him he again tried to jerk away and the officer directed him to the ground. The officer used a hands control technique to handcuff the individual while the subject continued to resist. 43 11-24-03 3-62102 Assist other agency The ICPD officer and UI DPS officer OFFICER DATE INC # INCIDENT FORCE USED aRemptcd to restrain the subject, who was already handcuffed, as the subject attempted to slip his hands to the front of his body. When the officers grabbed the subject they fell to the floor where they restrained him until UI hospital staff arrived and used their own restraints to control the subject. 2 Officers 11-25-03 3-62242 Building search The officers responded to a complaint of a burglary and drew their sidearms while searclfmg the building. 51, 4 11-25-03 3-62431 Domestic The officer responded to a domestic complaint involving a person with a knife. Upon the officer's arrival the subject fled behind a building. The officer drew his side arm while searching the area he last saw the subject nm towards, but reholstered his weapon after not locating the subject. A little later the officers observed the subject approaching them on foot and they ordered him at gunpoint to stop and to place his hands on top of his head. The officers were then able to handcuffthe subject and walk him to the patrol car. While the officers were patting him down he attempted to jerk away so the officer held him against the patrol car until he calmed down. 19 11-26-03 3-62618 Armed subject The officer responded to a complaint of a man with a gun. When the officers arrived, the subject fled, but was located, hiding a short distance away. The officer ordered the subject to the ground at gunpoint. The subject was taken into custody without further incident. 57 11-28-03 3-62815 Disturbance When the officer attempted to place the subject under arrest the subject fled but was caught by a civilian who held him for the officer. The Subject actively resisted being handcuffed and disregarded officer commands to stop resisting. The civilian directed the subject to the ground where officer attempts to handcuffthe subject were unsuccessful. The officer exposed the subject to a chemical agent and the subject then became compliant. OFFICER DATE 1NC # INCIDENT FORCE USED 42 11-30-03 3-63076 OWI The subject was yelling at officers and disregarded officer commands to sit down while in the ICPD intoxolizer room. When the officer placed his hand on the subject's arm the subject tensed up. The officer then a~empted to direct the subject to a chair, but both fell when the officer lost his balance. The officer was able to direct the subject to the floor and into a prone position where he was handcuffed. CC: City Manager, Chief, Captains, Lieutenants, Trainmg Sergeant, City Clerk, Library Page I of 1 Marian Kart From: In/in Pfab [ipfab@avalon.net] IP8 Sent: Monday, December 08, 2003 9:26 AM To: Iowa City City Council Subject: 12803fw..Consumers wonder if cards count as unclaimed property: Denver Post, by Kelly Pate Dwyer - Denver Post business writer Denver Post Consumers wonder if cards count as unclaimed property By Kelly Pate Dwyer Denver Post Business Writer Monday, December 08, 2003 - Most retailers don't care to talk about the estimated $4 billion a year that consumers leave unredeemed on gift cards. But the question of where the money ends up is becoming more significant. "We're already seeing increased inquiries by citizens, Coloradans, about unclaimed gift cards," said Brian Anderson, press secretary for State Treasurer Mike Coffman. Many of those callers are wondering if their unused, expired, forgotten or lost gift cards are now part of the state's $200 million pot of unclaimed property. Enough callers are confused that Coffman is studying the issue, Anderson said. "The treasurer has some concerns that customers will think that this is unclaimed property when in fact it's not," Anderson said. "He wants to make sure there is an equitable solution for both retailers and consumers." The state treasurer manages a database of "unclaimed property," everything from old paychecks to savings account balances. Pennsylvania reportedly requires retailers with unredeemed gift cards and gift certificates to hand the money over to the state treasury two years after the cards' expiration dates. In Colorado, five years has to pass between the time a customer last was in contact with a business before the money goes to the state's fund. And only businesses that give cash back on cards are subject to Colorado's unclaimed property statutes. The fine print on most gift cards says "redeemable for merchandise only." However, store clerks will often give a customer the last few pennies or dollars back when they use a gift card. That, Anderson said, makes a company subject to unclaimed property rules. The whole issue has yet to come to a head, since gift cards haven't been around that long. "We're anticipating getting a lot of inquiries next year since 1999 was the first year of widespread use," he said. 12/8/03 MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT MEETING TUESDAY, NOVEMBER 4, 2003 - 8:30 AM LOBBY CONFERENCE ROOM Members Present: Ernie Lehman, Dee Vanderhoef, Ross Wilburn Members Absent: None Staff Present: Steve Nasby Council Members Present: Irvin Pfab, Steve Kanner Others Present: Amy Correia, Sally Stutsman, Maryann Dennis Call 'Fo Order Lehman called the meeting to order at 8:37 AM. Approval of October 7, 2003 Minutes Wilburn noted the following changes to the minutes. The 3rd page, 6th paragraph, should read: Wilburn excused himself from the meeting due to a conflict of interest concerning any items related to CDBG funds, as his employer is a recipient of CDBG funds. The Ist page, last paragraph, last 2 sentences, and should read: The committee decided to place a priority on the redevelopment plans for the South Riverside Drive and Towncrest areas. MOTION: Vanderhoef moved to approve the minutes as corrected. Wilburn seconded the motion. All in favor, motion passed 3-0. Set Date for Next Meetinq The committee members agreed to not schedule a meeting in December, but noted they would set a meeting date if it were to become necessary. Old Busines~ The committee and staff continued their review of the 1999 Economic Development Strategy. The section Future Economic Development Work Program - Retention and expansion was discussed. · The committee agreed that it was appropriate to continue to conduct employer visits, but on a bi- annual basis. · The point of developing and conducting annual business surveys was discussed. It was determined that ICAD provides this service and information annually to the City, but staff works with ICAD as needed. · The City Uniform Development Code, planning and zoning, is currently under a complete rewrite. The committee agreed it is necessary to evaluate the changes made to the commercial and industrial zoned areas. · The committee agreed they have been successful in creating redevelopment plans for the Sycamore Mall and Northside Marketplace areas and will now place emphasis on the Towncrest and South Riverside Drive, and North Dodge Street areas. The committee also agreed the bullet point about landscaping in redevelopment plans is more of an issue for Public Works Department and they would consult with them. The point of possibly constructing public improvements is also tied to the Public Works Department. · The point of conducting a retail market analysis was discussed. Currently, the Chamber of Commerce does not wish to partner in such an analysis. It was agreed to review this point in the future and to conduct a retail and market analysis when needed. 2 · Under the bullet point of Financial Assistance/Tax Incentives, it was determined that many of the objectives listed had been met and they would update as needed. Staff also said they would be developing compliance materials as needed. The section Business Attraction was discussed. · The committee agreed that with the help of ICAD, the objective of having materials that specifically markets and promotes Iowa City as a place to do business and live has been accomplished. The website that has been developed is a good tool for both current and potential employers of the area. · The Scott 6 and Airport commercial areas have been completed. Vanderhoef noted the need to address the area being opened by the Mormon Trek extension, and to also encourage more development in Southeast Iowa City and in the Airport Commerce Park. · The point of taking a more active role in marketing and promoting Iowa City through cooperative efforts was discussed. They said a great collaborative effort has been made with ICAD and IDED. Because ICAD conducts prospect proposals and prospect site visits, it was suggested that the revised bullet point include that staff would participate in these events when appropriate. · The committee members agreed the establishing of a quarterly breakfast to provide businesses an opportunity to meet with City Officials to discuss issues of concern was a great idea. It was suggested the meetings be changed from quarterly to annually. · Lehman suggested the point of City staff and/or Council Economic Development Committee participating in "Sell Iowa" trips should be left in the strategy even though none are projected for the future and would only be made if reasonable. · Lehman said evaluating the need for new commercial cores in the community is very long range and would coordinate with the district plan process. The section Entrepreneurship was discussed. · The committee determined the section concerning the development of a Business Information Center could be removed. As previously discussed, this point was written prior to the City's relationship with ICAD and therefore is not necessary. · Lehman noted the bullet point concerning the development of a financial assistance program for start- up businesses using CDBG funds and the development of a Iow-interest loan program for targeted businesses had been done and it is an on-going program. · The committee recognized the fifth and sixth bullet points concerning the development of relationships with the University's Technology Innovation (TIC) and National Advanced Driving Simulator. The developing of these relationships has been discussed in the past but have been difficult to pursue. They committee agreed to keep the points but to reword for more clarity. · The committee discussed the merit of the final paragraph of the strategy and determined it should be omitted. Staff made note of items reviewed and will rewrite the Economic Development Strategy making the changes discussed. Other Business Ross Wilburn excused himself from the meeting due to a conflict of interest concerning any items related to CDBG funds, as his employer is a recipient of CDBG funds. Discussion on CDBG Application - Oasis Falafel Staff stated the application for Oasis Falafel is still pending due to the delay in the applicant's obtaining a lease agreement. The item was deferred until the next meeting. Discussion and Recommendation on CDBG Application - Housing Trust Fund of Johnson County Staff referred to the memo included in the meeting packet concerning the Housing Trust Fund of Johnson County (HTFJC) application. Correia, Stutsman and Dennis were present to discuss the application on behalf of HTFJC. The HTFJC application is for operational funding for an executive director that would create one full-time equivalent position. This funding will allow them to receive match funding from IFFA. Staff noted that CDBG economic development funds must be used for eligible activities as identified by HUD's regulations. After reviewing the application it was determined the proposed HTFJC activity, as submitted, does not fit within eligible activities allowable by HUD and would therefore not qualify for 3 CDBG funds. Due to these circumstances, the applicant indicated that they would request that the Council Economic Development Committee consider recommending to the Council an amendment to the FY04 Annual Action Plan that would reduce the set-aside for Economic Development and make a line item allocation to the HTFJC as a housing project. The committee stated that the applicant would need to submit an application to the Housing and Community Development Commission (HCDC) for the utilization of these contingency funds. If the HCDC committee can give the applicant an indication that they will receive the contingency funds, the item can then go to council for consideration. Staff suggested that the applicant check with IFFA (?) and obtain assurance that the HCDC commitment is enough to receive the match funds. The applicant thanked the committee for their time and consideration. Discussion and Recommendation of CDBG Application - Extend The Dream The applicant, the Extend The Dream Foundation and it's project Uptown Bill's Smafl Mall, is requesting business assistance from CDBG for a second three (3) year period. Staff stated the 3-year period is due to an agreement for up-front payment in exchange for a reduced lease amount. This agreement is in accordance with HUD. Staff stated that because this is an existing project, job retention is a requirement for funding. Staff then noted the applicant has successfully shown that without the further assistance, the business and jobs would only survive for one more year. Lehman said he would enthusiastically recommend to council that they fund this program. Vanderhoef agreed. MOTION: Lehman moved to recommend to Council the approval of the application from the Extend The Dream Foundation for CDBG funding. Vanderhoef seconded the motion. All in favor, motion passed 2-0. Adjournment MOTION: Vanderhoef moved to adjourn the meeting. Lehman seconded the motion. All in favor, motion passed 2-0. The meeting was adjourned at 9:55 AM. Data on CityNT\PC D\mins\E DC\ 11-04o03.doc November 24, 2003 ~1~ ~lt~ Mr. Jon Koebrick - ~ ~_~ Senior Director of Government Relations ~" r,o .-- Mediacom Communications Corporation .... ,~ ~'~ ~ ~ 6300 Council St., NE r~- ~ "-~ Cedar Rapids, IA 52402 ~ ~! -~- '-'-' Re: City.of Iowa City Franchise Renewal co Dear M_~rick: The City looks forward to working cooperatively with Mediacom during the cable franchise renewal process. As requested by Mediacom pursuant to Sec. 626. (a)(1) of the Cable Act, codified at 47 U.S.C. '521 et. seq., the City is commencing a proceeding for the purpose of identifying the future cable related community needs and interests and for reviewing the performance of Mediacom under the franchise during the current franchise term. The City agrees with Mediacom that the informal process is preferable and plans to proceed under the informal process as provided for by the Cable Act in Section 626(h), with the understanding that neither Mediacom nor the City waives any rights under the formal procedures of the Cable Act. Please contact Drew Shaffer, Cable TV Administrator, if you have any questions regarding the cable renewal process. Sincerely, Dale E. Helling Assistant City Manager cc: City Council City Manager Iowa City Telecommunications Commission ragr/ass~ltr/koebdck3,doc 410 EAST WASHINGTON STREET · IO¥~A CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009 MINUTES Preliminary ~ 12-1'1-03 I IOWA CITY BOARD OF ADJUSTMENT NOVEMBER 12, 2003 - 5:00 PM ~ EMMA J. HARVAT HALL - IOWA CITY CITY HALL MEMBERS PRESENT: Mike Paul, Vince Maurer, Eric Gidal, Dennis Keitel MEMBERS ABSENT: Carol Alexander STAFF PRESENT: Robert Miklo, Sarah Holecek OTHERS PRESENT: Dave Brost, Lynn Bailey, Andrew Hall CALL TO ORDER Chairperson Mike Paul called the meeting to order at 5:03 PM. ROLL CALL Paul, Gidal, Maurer and Keitel present. CONSIDERATION OF THE OCTOBER 8, 2003 BOARD MINUTES MOTION: Maurer moved to approve the October 8, 2003 minutes as submitted. Gidal seconded the motion. Motion carried 4-0. Chairperson Paul read the Opening Statement of the Board of Adjustment. SPECIAL EXCEPTIONS EXC03 - 00014 Public Hearing regarding an application submitted by Dwight Dobberstein for a special exception to reduce the side yard from 5 feet to 2 feet for property located in the Neighborhood Conservation (RNC-12) zone located at 318 N. Linn. Miklo reported the applicant wishes to build an addition to a single-family residence. The addition would square off the rear of the house. A portion of the existing house already extends into the south side yard, reducing it from five feet to two feet as a legal nonconformity. The reduced side yard abuts an alley. Miklo stated that staff believes that the specific standards for a yard modification have been met. He said this exception qualifies as a unique situation as the lot size is extremely small, 2,800 square feet, and is located in a zone where the minimum lot size is 5,000 square feet. A lot of this size does not leave the applicant with many options for additions to the house. Miklo said if the applicant were to set the proposed addition back another 3 feet from the south (rear) property line, it would require a break in the roofline and would be out of character with the original design of the house. Because this home is located within an area being studied by the Historic Preservation Commission for designation as a National Historic District, it is important for any addition be compatible with the original design of the house. Therefore, in order to maintain the roofline and keep the character of the historic architecture of the house, the exception would be preferable to strict compliance with the code. Miklo stated that staff feels the interest of justice would be served by granting the side yard reduction. The reduction is minor. Because the side yard in question abuts an alley, there will no negative effect on the adjacent building. Additionally, the proposed addition requiring the side yard reduction is the best alternative in maintaining the historical characteristics of the existing house. Miklo reported that in staff's opinion the general standards, which should be considered by the Board, have been met. He said the proposed special exception would not be detrimental to or endanger public health, safety, comfort or welfare. In addition, he said it would not be injurious to the use and enjoyment of other property in the immediate vicinity and would not substantially diminish or impair property values Iowa City Board of Adjustment Minutes November 12, 2003 Page 2 in the neighborhood. Miklo also said the proposed exception would be consistent with the Comprehensive Plan. Miklo stated that staff recommends EXC03-00014, an application for a special exception to reduce the required side yard setback from 5 feet to 2 feet for an addition to a single-family home located at 318 Nodh Linn Street, be approved subject to historical preservation staff approval of any addition to the home. In response to a question from Gidal, Miklo said the historical preservation staff approval is due to the fact that one of the justifications for the reduction is to allow the house to be added onto in a manner consistent with its current architecture. The applicant has submitted a plan showing this is his intent. However, the property could be sold in the future and the new owner could use the special exception and not be sympathetic to the character of the house. This condition would prevent this from happening. In response to a clarification from Holecek, Miklo confirmed that the house is not currently in a zone that requires review from the Historical Preservation Commission. Public Hearinq Opened There was none. Public Hearing Closed MOTION: Keitel moved to approve EXC03-00014, an application for a special exception to reduce the required side setback from five feet to two feet for an addition to a single-family home located at 318 North Linn Street, approved subject to historical preservation staff approval of any addition to the home. Gidal seconded the motion. Keitel said he was voting in favor of the application because all requirements have been met; it would not impede access to the alley because the addition will not extend beyond the existing house which is already 2 feet from the property line, and it is a unique situation given the narrow width of the lot. Gidal said he was in favor because of the unique situation, the proximity to the alley, and the interest of historical preservation all seem to warrant granting this exception. Maurer stated he would also vote to approve. Paul said he would vote to approve for the reasons previously stated. The home abuts an alley and it would not be detrimental to any neighbors. Also, because of the district in which the home is located and the owner is trying to comply with potential future historical preservation, and it is consistent with the City Comprehensive plan. The motion was approved on a vote of 4-0. Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's office. EXC03-00015 Public Hearing regarding an application submitted by University View Partners for a special exception to reduce the required front setback from 15 feet to 5 feet for an apartment building in the Central Business District (CB-2)Zone at 512 S. Dubuque Street. Miklo reported the applicant wishes to construct a 12-unit apartment building on this property. They wish to construct the building within 5 feet of the Dubuque Street property line, allowing the building to cover more of the lot and leave more space for a parking area at the back of the lot. It will also make the building placement consistent with the three existing buildings on this block. The property is currently zoned Central business Service (CB-2). A rezoning to Planned High Density Residential Multi-Family (PRM) and a sensitive Areas Overlay rezoning are currently pending before the City Council. iowa City Board of Adjustment Minutes November 12, 2003 Page 3 Miklo stated that staff believes that the specific standards for a yard reduction have been met because it is a unique situation in that it is the only building on this block face which will be required to have a setback greater than 5 feet. Miklo stated the applicant could build a smaller building and have a 15-foot setback from the property line but this would result in a building placement inconsistent with the other properties on the block. Also, a smaller building would result in fewer units being built in an area close to downtown and the University Campus where the Comprehensive Plan encourages high-density development. Miklo reported that in Staff's opinion the general standards, which should be considered by the Board, have been met. He said the proposed special exception would not be injurious to the use and enjoyment of other property in the immediate vicinity and would not substantially diminish or impair property values in the neighborhood. Also, the proposed use will be consistent with the Comprehensive Plan. Miklo said one intent[on of the front yard requirements is to create a consistent building pattern along a street. Although the reduction is substantial, it would allow the construction of a building consistent with the character of the neighborhood and street. Also, the building would be consistent with the goals of the Comprehensive Plan of encouraging high-density residential development in this zone. Miklo stated that staff recommends EXC03- 00015, an application for a special exception to reduce the required front setback from 15 feet to 5 feet for an apartment building at 512 S. Dubuque Street, be approved. In response to a question from Keitel, Miklo said the 15-foot setback requirement is based on a PRM Zone. The CB-2 Zone setback is zero. The applicant is seeking to build under the PRM Zone requirements. The current status of the rezoning is pending but all indications are that it will be approved. Public Hearinq Opened There was none. Public Hearing Closed MOTION: Maurer moved that EXC03-00015, an application for a special exception to reduce the required setback from 15 feet to 5 feet for an apartment at 512 S. Dubuque Street, be approved. Keitel seconded the motion. Maurer said he was in favor because it would not be injurious to the use and enjoyment of other property as it would fit in with the pattern on the street. The exception would not diminish property values in the neighborhood, and might even enhance the values. The proposed use would also be consistent with the Comprehensive Plan. Gidal stated he would vote in favor because of the consistency with the Comprehensive Plan. He also said that if we are encouraging high-density residential developing in the neighborhood, this goes along with that goal. Paul said was in favor due to fact of the change in zoning and the consistency with the Comprehensive Plan. Also, the appearance of conformity that we try to maintain along a streetscape applies to the unique situation, practical difficulty and set back review standards. It is a substantial setback reduction but the consistency factor will help the neighborhood, and it will not cause a great increase in population or use of municipal utilities. Keitel said he would also vote in favor. The motion was approved on a vote of 4-0, Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's office. Iowa City Board of Adjustment Minutes November 12, 2003 Page 4 EXC03-00016 Public Hearing regarding an application submitted by Davis Brost for a special exception to allow construction of a religious institution, a Church of Christ of Latter Day Saints, and a reduction of the front yard from 65 feet to 50 feet in the Low Density Single-Family (RS-5) Zone at 570 Dublin Drive. Miklo reported the applicant is requesting a special exception to allow the construction of a religious institution, associated parking lots, and a reduction of the required front yard from 64 feet to 50 feet to allow the church to be built closer to the street. The request for the yard reduction was suggested by staff as a means of making the proposed church building more prominent on the site and thereby toning down the appearance of the parking areas. The applicant has also requested that the special exception be granted for a period of two years rather than six months. Miklo stated the property is zoned Low Density Single-Family (RS-5) and the zoning ordinance does contain a provision allowing religious institutions in this area to be approved by special exception if cedain conditions are met as well the general special exception conditions. Miklo said that the staff's believes that the specific standards have been met as the property is located on Dublin Drive, which is a collector street. Melrose Avenue, which is an arterial street, is located about 1000 feet to the north. In addition, religious institutions in the RS-5 Zone are required to have a minimum lot acre of 40,000 square feet, or just under one acre. This property is 4.47 acres. Miklo also said the applicant, on staffs advice, is requesting that the front yard set back be reduced from 64 feet required for a 32-foot high building to 50 feet. This proposed reduction in the front yard set back would bring the church building to the front of the beginning of the parking areas and help conceal them from the street and future homes in the area. If a special exception is granted for the front yard reduction, the specific requirements for a religious institution in the RS-5 Zone will be met. If the special exception for the yard reduction is not granted, the special exception for the church may be granted provided that the building is set back 64 feet from the Dublin Drive property line. Miklo reported that in staff's opinion the general standards, which should be considered by the Board, have been met. The specific proposed exception would not be detrimental to or endanger the public health, safety, comfort, or general welfare. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Adequate measures have been or will be taken to provide egress or ingress designed so as to minimize traffic congestion on public streets. Except for the specific regulations and standards applicable to the exception being considered, the proposed exception, in all other aspects, conforms to the applicable regulations or standards of the zone in which it is to be located. The proposed use will be consistent with the short-range Comprehensive Plan. Miklo stated there are currently not any homes on the west side of Dublin Drive but there will eventually be up to nine single-family homes between where the traffic will enter and exit the church and Melrose Avenue. Miklo said the proposed church would be adjacent to West High School and Melrose Meadows, an elderly housing development. Miklo said that in staff's opinion, a church in this location would not alter the character of the neighborhood provided that the effects of the large parking lots are minimized. The zoning ordinance requires 128 parking spaces for a religious institution of this size. The applicant is proposing 244 spaces. The applicant has indicated that many of the proposed parking spaces will only be needed a few times per year when large meetings will be held at the church. The applicant has proposed to use "Geolink" turf stone for the additional 71 parking spaces. This would allow the extra parking area to have the appearance of a lawn rather than a paved area. The staff has recommended that the 71 spaces be landbanked and only installed if the church is able to demonstrate that they are needed on a regular basis. Miklo stated the Zoning ordinance requires additional landscape screening, such as a hedge 3 to 4 feet in height, along the west parking spaces to screen them from residential lots west of Dublin Drive. The plan shows landscaping along the north and south sides of the parking areas. Staff also recommends the landscape peninsulas located in the parking areas contain more ornamental tees to further enhance the parking areas and make them more compatible with a residential neighborhood. Iowa City Board of Adjustment Minutes November 12, 2003 Page 5 Miklo also noted the subdivision legal papers for Galway Hills require that the developer install a sidewalk between Dublin Drive and West High School. This walkway will need to be built before a building permit is issued for the church. Miklo stated that the staff recommends that EXC03-00016, an application for a special exception to allow construction of a religious institution, a Church of Christ of Latter Day Saints, and a reduction of the front yard from 65 feet to 50 feet in the Low-Density Single-Family Zone at 570 Dublin Drive be approved subject to the 71 spaces in the northern parking area being landbanked and installed only upon evidence to the satisfaction of the Director of Planning that the spaces are necessary to provide for the needs of the church, general compliance with the site plan, provision of a landscape hedge to screen the parking areas from adjacent residential uses and trees being added to the landscape peninsulas within the parking areas. Staff also recommends that the term of the special exception be for a period of 2 years. In response to a question from Gidal, Miklo stated the church property would abut the West High School property. There will be a sidewalk on the northern part of the church property that would provide direct pedestrian access to West High School. In response to a question from Keitel, Miklo said the 1.03-acre parcel where the sidewalk will be constructed is currently in sales discussion with Melrose Meadows Retirement Community and they may be purchasing this property. This parcel is a part of the storm water detention area and the City Engineers have reviewed and determined the existing storm water facilities are adequate to serve the proposed church building and parking lot. Miklo said in response to a question from Paul that the areas around the landbanked area could be maintained as a grassy lawn. The evidence required for the Director of Planning to approve additional parking would come from the church in that they could prove the current parking is full during Sunday services and they could be determined through photos and site visits. Gidal questioned if the Church anticipates any problems with West High students parking in the church lot. Miklo said he was unsure, but Paul said West High has recently added more parking, and parking does not seem to be an issue right now. Public Hearinq Open Dave Brost from Brost Architects was present to address the Board. Keitel asked Brost if the 159.8 feet area behind the rear of the building is being reserved for future expansion. Brost said that it is his understanding that this is a full building and would not be expanded. Brost explained the site plan as presented to the Board. He said the plan shows 244 parking spaces, with 71 of the spaces being on the Geolink block. The use of the Geolink block was suggested to the applicant and is viewed as somewhat of a compromise for the Church. The Church would prefer this area be paved, as they believe the parking spaces will be needed. Brost also said they are in agreement with all of the City's recommendations except for the issue of additional parking. Brost noted the occupancy and exiting plan for the church. The proposed church would be approximately 25,000 square feet and would become a "Stake Center" for the Eastern Iowa area. Brost explained that a "Stake Center" encompasses several churches throughout Eastern Iowa and it was originally stated that there would be meetings held there twice a year. He said this use was understated. The parking as figured was based on the occupancy load for the largest room in the building, which is like a gym, but would actually be used for additional seating as it adjoins the chapel area. Because all of these areas could be used simultaneously, there could be over 1200 people occupying this space at one time and more than twice a year. This would require that at least 203 parking spaces based on the city requirement of one space p.er 6 occupants. Lynn Bailey, the Area Real Estate Manager for the Church of Jesus Christ of Latter Day Saints was present to address the Board. Mr. Bailey is from Salt Lake City, Utah. Iowa City Board of Adjustment Minutes November 12, 2003 Page 6 Bailey stated his intent in being present at the meeting was to convey to the Board the purpose of the proposed building. He said the church would have two Stake Conferences per year, two General Conferences per year, education week programs, and special training programs several times per year. They also have Fireside Meetings at the church as well as sports and drama events, and an agreement with the Red Cross for the church to be used as an emergency disaster shelter. Any of these uses would require the need for the proposed additional parking. In addition, Bailey said in order to get full use of the building, they structure their Sunday services for three separate congregations. The services for the congregation's overlap a bit and each congregation can have as many as 600 people attending, which would also trigger the need for the additional parking. Bailey addressed the idea of using on street parking as a possible solution for the parking issue. He said this idea greatly concerns him as safety is an issue and it is a concern for the neighborhood, as they want to be good neighbors and not congest the area. Also, in the winter it could be illegal to park on street due to snow removal needs. Bailey said the use of the Geolink in the additional church parking area could pose a safety issue as the grass that grow between the blocks can be wet and slippery. Also, snow removal in the Geolink area would be difficult. He said the proposed compromise of using the Geolink was not their suggestion and would prefer not to use it, they would like to pave the parking area. In addition, Bailey said they probably would not use all of the parking initially but in a few years they can see where they would need the additional parking on a regular basis. From an economics standpoint, it would be more advantageous to put in the parking now rather than wait and have to redesign the area. Bailey stated the idea of sharing parking with a High School, a reciprocal easement agreement, has proven to be problematic for the church in the past. They are difficult to manage, difficult to maintain, and it is difficult to determine who will carry the liability. Bailey referred to a handout, North American Meeting House Core Feature Requirements, which is a template used by the Church for information in constructing their churches. Bailey said they construct these buildings in a cookie cutter fashion, and they have learned how to build them in the most efficient way. This building can house approximately 1480 people at one time if all areas are utilized, and they have determined that the parking required for a building such as this is 230 spaces minimum and 280 maximum. Bailey concluded by saying they are concerned about safety and liability issues. They want to be good neighbors, making sure they don't create problems for the neighborhood. They are willing to do landscaping, fencing and what ever is needed to maintain the integrity of the property. Also, the rendering of the building shows that it is attractive and fits well into the neighborhood. Bailey thanked the Board for their time and asked if they had any questions. Keitel asked Bailey to confirm that what he wants is to have the entire parking area paved and to not use the proposed Geolink product. Bailey said he would like to have the 244 spaces paved as indicated on the site plan. Andrew Hall introduced himself to the Board. He is an Iowa City resident and the local Stake President. He said all clergy for the Church of Jesus Christ of Latter Day Saints are volunteers. In the five years that Hall has lived in Iowa City, he said they have added 2 congregations and they anticipate a fifth congregation being added within the next two years. Their current building on Bradford Drive will not accommodate this many congregations and they will need the new building. The parking at the Bradford location is currently a problem with overflow parking on the street. Given this growth, Hall said they anticipate having 3 large congregations in the proposed new building. This equates to approximately 150 cars parking at the building on any given Sunday. Also, the new building will be very convenient for the church youth population that go to West High School, as they attend an early morning religious education program at the church. Hall concluded by saying he believes the Church will continue to have growth and the paving of all the parking spots would serve the best interest of the Church members. He also said that he appreciated the opportunity to address the Board on this issue. Paul asked if anyone had information about the Geolink product. Brost explained that the system is similar to a block retaining wall in that the blocks are locked together on the ground, the voids are filled with dirt and grass seed is then planted. Iowa City Board of Adjustment Minutes November 12, 2003 Page 7 Chris Steffen from MMS Consultants addressed the Board. He said that they proposed the Geolink in the parking spaces and not the drives because of the steeper grades of the driveways. He said they were afraid that the wet or frozen grass would not be conducive for driving and were afraid it would create problems if the Geolink were used in the aisles or drives. Maurer questioned the set back issue. He said there seems to be plenty of space to have the whole site plan and keep the required 65-foot set back. Miklo responded that this was a staff recommendation. He said they reasoned that if the building was closer to the street, the parking lot would seem less obtrusive and the intent was to tone down the whole parking area. Brost agreed with the Miklo and said the 50-foot set back would be adequate. Paul questioned the parking and landbanking issue. He said the representatives from the church seem confident that they will need all 244 parking spaces but asked if the area were to be landbanked, would this deter them from going forward with the project. Bailey responded that it would not totally deter them but would but a crimp in their plan because they are concerned with not having to go back and redesign the area. Miklo added that they had asked the church to consider installing landscaping peninsulas to help soften the appearance a large parking lot in a residential area. If the Board were inclined to approve the area as paved parking, they would recommend at least two additional peninsulas for trees in this area. Public Hearing Closed MOTION: Keitel moved to approve EC03-00016 an application for a special exception to allow construction of a religious institution, a Church of Jesus Christ of Latter-Day Saints, and a reduction of the front yard from 65 feet to 50 feet in the Low-Density Single-Family Zone at 570 Dublin Drive including the proposed 244 paved parking spaces; general compliance of the site plan; a provision of a landscape hedge to screen the parking areas from adjacent residential uses; subject to staff approval of the placement of 2 or more additional landscape peninsulas within the parking areas with trees being added to the landscape peninsulas; subject to the installation of a sidewalk between Dublin Drive and West High School; and the term of the special exception be for a period of 2 years. Gidal seconded the motion. Keitel said he would vote in favor of the motion. He said the representatives from the church have adequately demonstrated that they will need the additional parking and the site supports the additional parking. Paul said he would vote in favor. He said they met the specific standards regarding special exceptions for religious institutions in that it is located on a collector street with access to an arterial street, and minimum lot requirements are met. General Standards for this item are met in that it will not be detrimental or endanger the public health, safety and comfort as stated in the staff report. It will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. It will also not impede the normal and orderly development and improvement of the surrounding property. It will not significantly alter the character of the neighborhood provided that the effects as laid out will minimize the parking. The ingress or egress issues are addressed with the two driveways on Dublin Drive. It conforms to the applicable standards or regulations of the zone and additional landscaping is being provided to screen the parking areas. It complies with the dimensional and parking requirements for religious institutions in the RS-5 Zone, and is consistent with the short-range Comprehensive Plan. Gidal said he would vote in favor for all the previous mentioned reasons and given the nature of the surrounding properties and their use. In addition, there has not been any opposition from anyone who lives near the area and this additional parking does not seem to be a problem. They have met the General and Specific requirements and also the ambitions of the Comprehensive Plan. Maurer said he would vote in favor for the previously mentioned reasons. The motion was approved on a vote of 4-0. Iowa City Board of Adjustment Minutes November 12, 2003 Page 8 Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's office. OTHER Miklo said they need to schedule a farewell luncheon for departing Board members and a luncheon to welcome new Board members. The Board agreed to wait until December to schedule a date. ADJOURNMENT MOTION: Maurer moved to adjourn the meeting. Keitel seconded the motion. All in favor, the motion was approved 4-0. The meeting was adjourned at 7:12 PM. Board Chairperson Board Secretary Minutes respectfully submitted by Jennifer Sherlock data on citynt/pcd/minutes/boa/boal 1-12-03.doc MINUTES DRAFT IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, NOVEMBER 24, 2003 - 5:30 P.M. I 12'11'03 I CITY CABLE TV OFFICE, 10 S. L1NN ST.-TOWER PLACE PARKiNG FACILITY I P 1 1 MEMBERS PRESENT: Saul Mekies, Kimberly Thrower, Ten'y Smith, Jim Pusack MEMBERS ABSENT: Brett Castillo STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Andy Matthews, Dale Helling OTHERS PRESENT: Jon Koebrick, Randy Brown, Jason Nebergall, Phil Phillips, Rene Paine, Beth Fisher, Susan Rogusky RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Paine reported that it was decided at the annual meeting that membership fees would begin to be collected in January 2004. Jon Van Allen was elected to the PATV board of directors. Hardy reported that InfoVision is developing the capability to offer video on demand of short segments of various programs such as the City Council meetings. If equipment can be purchased and installed in time it is anticipated that it will be available by the first of the year. Shaffer distributed a copy of a letter to Mediacom that responds to their letter of June 2003 regarding the initiation of the franchise renewal process. This letter informs Mediacom that the City is opening the informal renewal process and is holding open the formal renewal process. Smith said that there was a meeting regarding the rate settlement agreement in which Mediacom suggested extension of the franchise for 5-7 years as one element of an agreement. Pusack referred to the phone response data provided by Mediacom and included in the meeting packet. Smith noted that 97% of the calls are now being handled in a timely manner at this point. There had been a dip in response time during the installation of Mediacom's new virtual phone center technology. Brown said that phone response time for cable modem technical assistance would not be as fast. Average response time for a tier one cable modem inquiry runs 60-90 seconds. Brown said the new system allows subscribers to access much of their account information and request for services from the company with an automated system. Mekies asked if the City could get phone response data on an annual basis as this would provide data that might not be skewed by seasonal variations. Koebrick said that Mediacom would provide it if requested. APPROVAL OF M1NUTES Mekies moved and Thrower seconded a motion to approve the amended October 2003 meeting minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Smith said that the next Commission meeting is scheduled for December 22, which may conflict with the holiday season and suggested meeting on December 15. The Commission agreed to meet December 15, 2003. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint log included in the packet. Koebrick noted that the one complaint that was listed as unresolved has now been resolved. Among the complaints were 3 about phone response, 4 about a cable TV technical problem, 2 about poor customer service, 1 about the cable modem service losing email, and 1 about crediting an overpayment to a subscriber's account rather than returning the money. MEDIACOM REPORT Koebrick reported that Mediacom and City officials met recently regarding a negotiated rate settlement and the cable drop audit data. These issues will be addressed later in the meeting. Brown reported that Mediacom is now purchasing the next generation of HDTV converter boxes as the previous versions had some unresolved technical problems. Pusack said that HDTV channels are not indicated as such on the digital program guide and no programming is supplied if those channels are chosen. Brown said that Mediacom is working with TV Guide to make changes to correct that problem. Mediacom has been negotiating with other channels for HDTV programming. Video on demand (VOD) will be introduced in Iowa City soon. Brown said that HDTVs with a HDTV tuner built in will hit the market in December, but those tuners do not allow for two-way communication that is needed for VOD or pay-per-view programming. UNIVERSITY OF IOWA REPORT Nebergall reported that University has an ever-increasing number of programs playing. Pusack asked about alternatives to SCOLA for foreign language programming and suggested that there might be better choices if foreign language programming is to continue. Nebergall said he will inform his supervisors and report back. PATV REPORT Paine reported she made a presentation to Lucas Elementary School students and later the students came to PATV facilities for a tour and demonstration. The fall newsletter is now out. Paine distributed the series program schedule. It was decided at the annual meeting that membership fees would begin to be collected in January 2004. Jon Van Allen was elected to the PATV board of directors. SENIOR CENTER REPORT Rogusky distributed the November Senior Center TV program guide and said that the programming is quite diverse. 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 Tom Walz, the founder of Uptown Bill's, will be Ellen Buchanan's guest in December. The library has been producing a monthly program series documenting the progress made in the construction of the new section of the library called "Opening the Door in 2004". The program plays Tuesdays at 12:00 and 12:15, Wednesdays 6:30 and 6:45, and Sundays at 4 and 4:15. K1RKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported that the Media Unit is backed up with productions but will be able to make progress on those productions over the holiday season as other production activities typically slows down during that period. The Community Television Service is making a group of short videos for the Iowa City Neighborhood Council on how to encourage respect among neighbors. Topics may include noise levels, maintaining the cleanliness of the neighborhood, and how to resolve conflicts. The Iowa City Foreign Relations Council will be hosting several presidential candidates and the CTS will cover those. InfoVision is developing the capability to offer video on demand of short segments of various programs such as the City Council meetings. If equipment can be purchased and installed in time, it is anticipated that it will be available by the first of the year. The Avatar Project recently held a practice shoot for the December 8 program. The topic for that program is "Why Vote?" Hardy distributed a proposal for the Community Television Group to use some of the pass-through funds to assist Senior Center TV whose funding is at risk. CABLE TV ADMINISTRATOR REPORT Shaffer said that the City Cable TV Office is working on a 3 year report and it should be available for the next Commission meeting. Letters will be sent out in January for a February focus group to discuss the future content design of InfoVision. The date has been moved back so Kevin Crawley can develop an alternative template for the service and have a chance to develop and exhibit the video on demand capability. DROP AUDIT Smith reminded of the history of the drop audit and said a response to Mediacom is being drafted based on the data provided by Mediacom, which may include a request for additional information, if needed. FRANCHISE REMEWAL UPDATE Shaffer distributed a copy of a letter to Mediacom that responds to their letter of June 2003 regarding the initiation of the franchise renewal process. This letter informs Mediacom that the City is opening the informal renewal process and is holding open the formal renewal process. Smith said that during the meeting regarding the rate settlement agreement Mediacom suggested an extension of the franchise for 5-7 years as one element of a settlement. Pusack asked Shaffer to sketch out the renewal process. Shaffer said that the cable company can initiate the process 36 months prior to the end of the current franchise. Mediacom did this in June 2003 with a letter to the City. The City has now commenced proceedings. The informal process may involve a number of items such as a community needs assessment. The formal process is more involved. Pusack said there appears to be three possibilities, the informal process, the formal process, and an extension of the current franchise. Shaffer said there is no immediate deadline on a franchise extension. Pusack said it appears that a franchise extension has the advantage of involving less time and money. Its disadvantage is that there could be less public input unless that was part of the extension process. Pusack asked if there are enough issues that might be addressed in extension discussions to need the assistance of a consultant. Helling said that the extension discussions can be a part of an informal renewal discussion. The City would likely use a consultant during any discussions and write their contract as such. Thrower asked if the consultant contract was based on a retainer or on a fee for services. Shaffer said that it is based on the amount of time spent on particular projects and based on estimates provided by the consultant on how much time each of those projects might take. PHONE DATA RESPONSE Pusack referred to the phone response data provided by Mediacom and included in the meeting packet. Smith noted that 97% of the calls are now being handled in a timely manner. There had been a dip in response time during the installation of Mediacom's new phone technology. Brown said that response time for cable modem technical assistance would not be as fast. Average response time for a tier one cable modem inquiry runs 60-90 seconds. Brown said the new system allows subscribers to access much of their account information and request for services from the company with an automated system. Mekies asked if the City could get phone response data on an annual basis as this would provide data that might not be skewed by seasonal variations. Koebrick said that Mediacom would provide it if requested. RATE SETTLEMENT AGREEMENT Smith said the City met with Mediacom today to discuss a proposed rate settlement agreement. The City and Mediacom disagreed on the maximum permitted rate for both 2002 (which was appealed to the FCC) and 2003. Mediacom presented a second proposal at today's meeting and that offer is under consideration. ADJOURNMENT Smith moved and Mekies seconded a motion to adjourn. The motion passed unanamously. Adjournment was at 6:30 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator