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HomeMy WebLinkAbout2004-01-06 Bd Comm minutes MINUTES FINAL/APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION OCTOBER 16, 2003 - 6:30 PM LOBBY CONFERENCE ROOM Members Present: Jerry Anthony, Lori Bears, John Deeth, Mark Edwards, Bill Greazel Members Absent: Matthew Hayek, Jayne Sandier Staff Present: Tracy Hightshoe, Steve Long Others Present: Brendan O'Hara, Mary Milder, Tammy Spies, Jean Maties, Marybeth Fort, Darresa Thomas, Kristie Doser, Ron Berg, Dayna Ballantyne, Crissy Canganelli, Stephanie VanHousen, Patti Santangelo CALL TO ORDER Anthony carled the meeting to order at 6:45 PM. The agenda was reordered to accommodate the individuals present to discuss item 4, review of the 2001- 2006 Consoridated Plan (CITY STEPS). PUBLIC INPUT - REVIEW OF THE 2001-2006 CONSOLIDATED PLAN (a.k.a. CITY STEPS) The summary of comments received can be found following the meeting minutes. APPROVAL OF THE SEPTEMBER 18, 2003 MINUTE,C; MOTION: Bears moved to accept the minutes as submitted. Greazel seconded the motion. All in favor, motion passed 5-0. PUBLIC/MEMBER DrscussION OF ITEMS NOT ON THE AGENDA Bears questioned if they wiJJ receive an update on Parcel 64-1a. Hightshoe said there has been an extension on the project due to financing issues, and they will receive an update at the next meeting. Anthony announced the Johnson County Housing Trust Fund has been approved by the Johnson County Board of Supervisors and is now up and running. He asked if HCDC could endorse the project. Hightshoe said the topic could be placed on the November meeting agenda. RECOMMENDATIONS FOR AMENDMENTS TO THE 2001 - 2006 CONSOLIDATED PLAH The commission reviewed and discussed the summaries from the CITY STEPS public meetings. Edwards said in response to many comments, the need for neighborhood and recreational facilitJes should be made a higher priority. Anthony agreed and suggested that the Strategic Plan, that begins on page 87, shourd change the rating of needs for Neighborhood Facilities from medium to high. Anthony said the needs level help to guide the commission in the ranking process when allocating funding. MOTION: Greazel moved to recommend a change in the Consolidated Plan (CITY STEPS) in the ranking of needs for Neighborhood Facilities from medium to high. Deeth seconded the motion. All in favor, motion passed 5-0. MONITORING REPORTS · HACAP Head Start- Playground Equipment Edwards reported the playground equipment has been purchased, but all of it has not yet been delivered. The installation has been delayed because of the manufacturer. As installation can not bb performed with a hard ground cover, they are hoping to receive all remaining items and have it installed by the end of the month before it gets colder. They purchased a pool shade that was recommended by the Department of Public Health to add shade to the play area. There are no trees providing shade for the children in the play area. Also, a local Boy Scout Troop volunteered and helped rearrange the play area to accommodate the new equipment. NEW BUSINESS · Emma Goldman Clinic- Project Request Anthony noted the letters included in the Commission member's information packets from Karen Kubby, Executive Director of the Emma Goldman Clinic. The first letter is in regard to the public hearings concerning the Consolidated Plan. The letter states concerns over the rising cost of health care insurance and how this effects residents living on lower incomes and also non-profit health care facilities. The second letter is a request to add up to $3,000.00 for security cameras to the Emma Goldman Clinic as part of their Accessibility, Energy Efficiency and Safety Improvements Project. The commission reviewed and discussed the request. MOTION: Greazel moved to approve the request for $3,000.00 to the Emma Goldman Clinic for security cameras for their facility. Deeth seconded the motion. All in favor, motion passed 5-0. ADJOURNMENT MOTION: Deeth moved to adjourn the meeting. Beam seconded the motion. All in favor, motion passed 5-0. CITY STEPS Public Meeting Housing and Community Development Commission Lobby Conference Room October 16, 2003 6:30 PM to 7:30 PM In attendance: See attached sign up sheet City staff.in attendance: Steve Long, Tracy Hightshoe Summary of Comments Received: Employment · There are successful programs available for small business startups and financial literacy training that have experienced successful outcomes. There is always a need for additional funds. Education · Reading literacy rates in past decade have decreased dramatically in a few local elementary schools. Suggested school and city coordination to address barriers to education and discuss concentration issues. · Grantwood and Lucas will be undergoing additions in the near future. Suggest possible coordination between the schools and City to provide a neighborhood recreational center, increased playground, basketball courts, etc. at the schools to open up the schools to the neighborhoods - adults and children. Health/Mental Health Issues · MECCA currently provides a .5 FTE at each of the high schools. The schools and the community need increased services - prevention, counseling, programs, etc. for substance abuse issues. · Need increased programming/counseling regarding dating violence. Suggested an integrated service project between domestic violence and substance abuse providers. Safety and sobriety are intertwined. Housing · Waiting list for Section 8 vouchers is over 15 mos. This puts pressure on many of the agencies providing transitional and emergency shelter. · Problem with finding landlords who accept Section 8. · Many residents prefer to live in areas that are not saturated with subsidized housing. · Need to build affordable housing, regardless if it is subsidized or not. Need modest homes in all areas of town. · Distribute subsidized housing throughout the city/metro area. Need to confront NIMBYism (not in my backyard attitudes). · Suggestion to use HOME funds for tenant based rental assistance. · Shelters experiencing safety issues around shelters. Need additional security. · 370 documented homeless children in our district. Services not available to families that are "doubled up" as many HUD programs consider them to have permanent housing. · Consultation of Religious Committees is working on how to provide emergency shelter for the Shelter's overflow during the cold, winter months. DVIP turns away approx. 650 persons annually. Of the estimated 650 persons, approximately 400 need shelter, approximately 250 need shelter who are trying to flee domestic violence situations. Shelter House tums away approx. 3 to 25 persons each evening. There is a concern that homeless individuals do not go to the shelters as they assume the shelter is full. Suggestion that the City provide space for shelter between 9:30 PM to 7:30 AM during the winter months that is staffed through volunteers from the religious community. If not possible, maybe City could provide free bus transportation to these individuals from the Shelter to the location providing overnight shelter. Public Facilities/Recreation Facilities · Need activities for older children. · Need recreational opportunities for children in lower income neighborhoods that are nearby and do not require h'ansportation. Transportation · Bus services need to be integrated with the shifts of major employers, especially for those employers hiring youth. · Suggest coordination between the Iowa City and Coralville bus schedules. · A current survey of riders is necessary to improve bus schedules and services. CITY STEPS Public Meeting Neighborhood Centers of Johnson County Broadway Center October 1, 2003 6:00 PM to 7:00 PM In attendance: See attached sign up sheet City staff in attendance: Steve Long, Tracy Hightshoe Summary of Comments Received: Commercial · Many residents wanted to see local businesses that were community oriented. There is a need for a laundromat and grocery store. Many residents would utilize child friendly restaurants or entertainment in the Broadway neighborhood. · Suggested a petition or contacting businesses they would like to see regarding possibilities for development in the area. · Suggestion to provide city incentives to businesses receptive to local area concerns, businesses that meet with neighbors to discuss neighborhood development and businesses that will hire local employees from the neighborhoods near the business. Education · Transportation to after school activities offered through the school district (sports, drama, band, etc.). · Assistance or waiver from fees for activities or events sponsored by the schools or university for those families unable to pay. · Welcome Center at the schools for new students. Assist with the transition and proper placement of student in classes to help the child succeed. · Homework assistance for children unable to pay for private tutors. Health/Mental Health Issues · Resource for parents with children who have behavioral or mental health problems. Where can they go for preventative services or assistance? Recommend access to service in the area. · Suggested a mental health counselor at the Department of Human Services for new intakes for possible screening and assistance if needed. Many residents in assisted housing or those who face unemployment and have difficulty finding new employment, may suffer from depression or other mental health problems. Housing · Many residents expressed a difficulty in finding affordable housing or housing that will accept Section 8 vouchers. Many residents would like to see an incentive program developed for landlords to develop additional Section 8 units or increase the number of units available for Section 8 vouchers. · A few residents stated they would like homeownership opportunities and/or the choice to rent a single-family house instead of residing in a large apartment complex. · Residents would like to encourage landlords to include child play centers with new developments or develop housing close to parks or other safe play areas. Parents need play areas in close proximity to their homes for younger children. · Residents agreed that shelters are full. There is a need for increased shelter space for emergency needs. · Welcome center within the Housing Authority for families. A center where applicants can go for assistance with housing, employment, etc. Possibly a brochure of services available, such as help with resume, where the Work Force Development office is, etc. Public Facilities/Recreation Facilities · Many residents wanted to see increased Parks/Recreation programs or other activities for youth in the area, especially during the hours of 5-9 PM. Many would like to see basketball courts in the immediate area for older children and activities that included adult supervision. Residents requested additional scholarships/passes for the Iowa City Kickers, and other youth activities such as tae kwon do classes. · A recurrent theme was a need for a playground area in the Broadway neighborhood. · A few residents suggested neighborhood activities such as block parties, family nights, parades, and a neighborhood clean up day. · Suggestion to continue the neighborhood's partnership with Parks/Rec. but include whole family activities such as family nights and activities for toddlers (2-5 yrs old). · A resident requested a local person appointed to represent the neighborhood and speak on behalf of the neighborhood. This person would take complaints, resolve problems, advocate on behalf of the neighborhood, etc. Public Safety · Residents requested increased night patrols, including foot and bike patrols. Some residents believed the police were only concerned about drug traffic and didn't take minor complaints seriously such as enforcement of the noise ordinance. · A few residents expressed frustration at the response time after calling the police for loud noises or disturbances. Many believed the neighborhood would be a better place to live, especially at night if the City enforced the noise ordinance for loud music, fireworks (not related to July 4th), etc. · One resident indicated increased notification of sexual offenders/pedophiles, such as publication at the local neighborhood center. · Residents requested additional lighting, especially around Cedarwood. Residents also were concerned about the shrubs/landscaping along Cross Park Avenue and Broadway adjacent to Pepperwood, as many did not feel safe walking on these streets at night due to the inability to see around or through the shrubs. · Some residents expressed a need for increased City housing inspection in the area. Accessibiliw · Take into consideration access and usability for playgrounds and playground structures. · Priority system for projects that remove barriers or take into account accessibility issues. CITY STEPS Public Meeting United Action for Youth October 9, 2003 4:00 PM to 5:00 PM In attendance: See attached sign up sheet City staff in attendance: Steve Long, Tracy Hightshoe Summary of Comments Received: Education · Need additional guidance counselors, frustrated at wait time to change classes, speak to a counselor, etc. · No school transportation available for kids that live a distance away from school. City bus passes are expensive for many low-income families. · Encourage kids to participate in school sponsored after school activities. Waive fees, assist with transportation, for families that can't afford the extra costs involved. Many believed this would prevent problems later on or during the after school hours. Employment · Need job skills. Many young people do not have the skills required for many higher paying jobs. Need job mentors, coaches, job shadowing opportunities. There are some programs, but need more. · Suggested incentives to businesses to hire students. · Need affordable childcare, especially childcare after 6:00 PM. Many teen moms find it cheaper to stay at home if making $6.00 per hour, but have to pay $5.00 per hour for daycare. Title XX provides no benefits once a person starts making a certain wage rate; no incentive to work if you go above this limit due to a promotion or raise since you will now have to pay the full price of daycare. Health/Mental Health Issues · Need more counselors at the high school level -- UAY in junior highs, but not the high schools for substance abuse, peer counseling, family problems, etc. · Requested trained staff in building to educate, prevent, and work with students on violence, teen dating violence, conflict resolution, etc. · Need mental health counseling at schools other than Twain, including psychiatrists. Housing · Long waiting list for Section 8 - increase the PHA staff; increase number of vouchers. · Large need for transitional housing for teens with children. Requested stable homes instead of moving from one place to another. Homeless shelter not an appropriate place. Recreation · City Park Skateboard Park. Large need for restrooms. A need for a drinking fountain or vending machines so young people do not have to cross Dubuque St. to enter Mayflower for water, pop, etc. Concession stand operated by a non-profit like UAY to build teen employment skills, etc. a possibility. There is also no phone for emergencies in the immediate area. Suggested lights for night skating, since the park is busy during the day. · Requested a basketball court in the Broadway neighborhood. · Need fun activities for Thursday, early release day. · Suggested speaking with the City and school district regarding possible coordination for planned improvements at Grantwood and Lucas elementary schools. Both schools have improvements scheduled due to the approved bond issue. Ideas included extended library/multi-media services, family center, evening student or family programming, office to access various services offered outside the school district, etc. Transportation · Recurrent theme throughout the evening. Transportation needed for school activities, access to social services and recreation. · To use bus service, frequently must transfer downtown. Coralville and Iowa City do not recognize each other's passes. Connection to Coralville and North Liberty difficult, if at all. All the schedules do not connect with each other. Some students report not gerting transfers, while others are granted the transfer. Possibly due to discriminatory practices. · Bus schedules do not correspond to major employer's shifts, such as MCI. Many have to walk from downtown after 9:00 p.m. as no service available to their local neighborhood after a certain time. · Wheels to Work great program, but huge waiting list. FINAL/APPROVED IOWA CITY HUMAN RIGHTS COMMISSION LOBBY CONFERENCE ROOM MINUTES 410 E. Washington St. October 28, 2003 MEMBERS PRESENT: Paul Retish, Rick Spooner, David Short, Keri Neblett, Billie Toxvnsend, James McCue MEMBERS ABSENT: Lisa Beckmann, Cat Fibley STAFF MEMBERS: Heather Shank 1. CALL TO ORDER: Meeting called to order at 7:05. Retish introduced thc nexv Comm2ssioner, James McCue. McCue moved to Io~va City in 1965. He taught in the Department of Religious Studies for 35 years and he chaired the Global Studies Program for I5 of those years. McCue retired in 2000. Although he retired, McCue continues to teach one course a year. He has had a long standing interest in human rights. He raised eight children in Iowa City, five of whom were adopted African American kids. Retish xvelcomed McCue to the Commission. 2 MINUTES: Spooner moved to accept the minutes. Shorr seconded the motion. Motion: Passed unanimously. Shorr mentioned that at the last meeting the Comn'nssion suggested Shank call the Director of the Muslim Camp to invite him to a Commission meeting. Shank apologized and said she xvould contact the Director in the next month. 3. RECOMMENDATIONS TO COUNCIL: Shank said the Council has not yet received the revised nzinutes and she clarified that the Council xvas not considering the ordinance at the meeting tonight. She also stated that the current Council would consider the revisions. 4. REVISIONS: Retish reviewed the changes in the Ordinance for McCue. Retish said that the Commission was trying to say that it was mainly interested in educating the Community about human rights and xvorking on projects out in the community. Retish indicated that the revisions ~vould take away the comrmssion's current responsibility of reading cases and essentially agreeing ~vith the lawyers' probable cause decisions. Periodically a Commissioner ~vould not agree with the probable cause decision but Retish indicated that the Comanissioner's poxvers were limited because of their lack of legal knowledge. In addition, the Connmssioners occasionally looked at different criteria than the lawyers. Retish said that this frustrated him a great deal so the revisions have changed the Comrmssion's role. Shank added that if the revised Ordinance is approved the Commission's quasi-judicial role xvill move to the public hearing phase. 5. NEW BUSINESS: None 6. OLD BUSINESS: Diabetic Banquet & Health Fair- Shank is attending this event. The Commission voted to co sponsor the Diabetic Banquet & Health Fair at the last meeting. Eagle's Flight is sponsoring the event. Eagle's Flight is an organization that is interested in health care issues that affect African Americans. Night o£1000 Dinners - Spooner is attending this event which is also on November 7 at 7:00 p.m. Short will attend if his schedule allows. This annual event raises money to remove landmines and educate people as to the devastation caused by landmmes. Shank ordered the Commission's food contribution. It is being dehvered by John's grocery. Youth Awards - Shank said that she had not yet received any nominations. She took a number of nomination forms over to Marian Coleman, the Equity Director at the ICCSD so she could send them out to the teachers. Shank did get one call from a woman who asked whether she could nominate her own son. Shank said that was f'me. Shank handed out some nomination forms. Short said that his daughter's school would not accept any documents that are not approved by the district and he had not yet seen or heard about the nomination form from his daughter. Retish, whose wife is a teacher, indicated that to his knowledge the form had not yet been distributed to the teachers. Shank said she would follow up with Coleman. Shank suggested that one of the Commissioners might want ro do a public service announcement regarding the Awards. Neblett suggested getting a youth to do the pubhc service announcement. Human Rights Breakfast - Next year's breakfast is scheduled for September 23, 2004. Retish said that it is time to start thinking about the next keynote speaker. Retish also commended Townsend for her suggestion of David Skorton as the key note speaker. Retish thought Skorton did a wonderful job and the response was very positive. Retish suggested, however, that the representatives from the Pohce Department not wear their guns to the breakfast. Shank said that she would pass Retish's suggestion on and get back to him. Retish said that he found it "incongruous to come to a human rights breakfast wearing a weapon" although Redsh also understands that it is legitimate but he still beheves it is out of place. Retish and Townsend commented on how well Beckmann did at the breakfast. Retish said the committee that selected the xvinner suggested that changes be made in the nomination form. Retish also explained that the selection conmfittee talked about changing the nomination form so it would be clear what the Comrmssion was looking for in the nominee. Qnite a few people were nominated simply because they did their job well. The Commission selection commattee wanted to read nominations that set forth inforn~ation about a person that went above and beyond their job. There is only one axvard that recognizes a person for their work xvith a service organization but the other awards do not focus on ability to do a job well. Spooner and Townsend who were on the selection committee agreed with Retish's explanation of what the Commission xvill look for in nominees in the future. Shank indicated that she would send the nommation form to the selection committee. Building Blocks to Employment: Redsh explained the origins of the Education Comm2ttee. The Committee works ~vith the Human Rights Comm2ssion. There have been several joint programs. The Committee and the CornnUssion are now in the process of teaching people certain skills in "Building Blocks to Employment." Volunteers assist people with drafting resmnes and cover letters. In addition the volunteers engage in mock intervie~vs and help people to fill out applications. This program has been done at Eastdale Plaza and Pheasant Ridge. Retish explained that the Committee has been collecting information regarding whether the residents at Broadway and the surrounding area xvant this program. It appears that the residents are very eager to participate in the program. The program will take place in Apr/1. Another suggested idea was to have a musical program in the parking lot of Pepperwood Square and call it "Music on Broadwqy." The contact person from Southgate has agreed to permit the event. McCue interjected that the Fore~gn Relations Council is going to have a program featuring the local Sudanese Community. A Sudanese attorney will be addressing the Fore~gn Relations Council. The attorney is Asma Taha. She is on the Education Comrmttee. McCue asked whether everyone is familiar with the Shelter House. Shank indicated that Rita Offutt and another employee of the Shelter House are also on the Education Committee. McCue volunteers at Shelter House two mornings a week. He sees a lot of the families coming through. The population is now made up of low-income, African American famihes from 2 Chicago. McCue said that the fatuities are moving m Broadway and Crosspark. Retish said an Education Committee meeting was held at noon. Everyone present was trying to figure out what xvas going on in Iowa City with regard to Broadway. There is a predommately African American presence in the area but conflicts stem not from racism so much as the low economic status of the residents. There are quite a few people and agencies that are concerned about the area but the perception of many is that very little happens to address the problems. Retish said that there was a great deal of frustration in the Education Committee participants. Refish said that we have a habit of studying a problem as opposed to xvorking on it. Retish added that a woman who works for a specific agency indicated that the emphasis is no longer to get consumers on the Board of Directors. Now the Board is made up of people with "poxver" and there is very little consideration of the wishes of the consumer. People that really need to talk about their needs are being pushed off the Boards that are there to help them. Shank asked McCue ~vhether Cross Park accepted vouchers. He said that he hasn't heard anyttm~g about Cross Park, but it is his understanding that vouchers are no longer going to be accepted at Cedarxvood. Spooner indicated that being on Section 8 affects the opportUmties of people in terms of employment. Section 8 keeps people alive but it perpetuates poverty. If a person is ~vorking, even the smallest amount of money has to be repaid so essentially people are working for their rent. A person cannot save money to get off of the program. There has to be an increase in the amount of money a person can make so that they can work to be independent. Spooner stated that he did research and found that 30% to 50% of persons xvith disabilities are unemployed. People with disabilities want to earn their own money and if hired they xvork very hard. Latino Institute/Latino Conference The Latmo Institute is a daylong educational program scheduled for October 31, 2003. The Latino Conference on Saturday is similar to the one last year. An Awards Brunch and various xvorkshops are offered. Lazara Pittman is giving a speech on immigration. Budget Retish wondered ~vhether Shank's budget would be affected by any of the cuts that are required. Shank said that she was not sure. She has requested a budget carryover so that the Commission can continue to provide human rights education to the community but the requests have not been considered yet so she cannot ansxver the question. Shank also mentioned that the League of Cities has recommended the legislature vote to eliminate all of the unfunded mandates from the Iowa Code. One of those mandates is the staffing and funding of the Human/Civil Rights agencies. Some actions have already been taken to limit enforcement by local agencies in Sioux City, Des Moines and Cedar Falls. Retish mentioned that one of the City Council candidates ~vas in favor of removing all of the comXmssions. Short wondered about the Iowa Civil Rights Commassion. According to Corlis Moody, Director of the Civil Rights Commission, she spoke ~vith some of the legislators and they thought there ~vas duplication of efforts between the Ioxva Civil Rights Commission and the local Comrmssions. She explained that the cases are cross filed but only one agency conducts the investigation. Short asked about the individual state comnnssioners, especially the one that is local. Shank said that she would contact Dave Leshtz and ask him if he would come and speak to the Comrmssion. McCue said that people might ask ~vhether people ~vould prefer a new pohceman or a human rights commission. Retish indicated that this might be a powerful argument for some people. Short said that even if the Comn'Ussion xvas safe in Iowa City, the destruction of the human rights structure is a crisis. Shank said there is another Iowa Civil Rights meeting to discuss this on November 6. Short volunteered to participate in the conference call on that day. 7. REPORTS OF COMMISSIONERS: Keri Neblett: As a part of listening posts Neblett went to the UAY GLBT Questioning & Allies program. Neb]ett said there was a xvonderful response from the ten youth that were present. There were also two adult volunteers and one adult staff. For the first 10 minutes Neblett told the kids about the Human Rights Cornmassion. After that the kids told Neblett of their experiences in the ICCSD and in Iowa City generally. The kids talked non-stop and she had to cut them off at the end of the session. The two issues mentioned the most xvere sexual orientation and race discrimination. The kids spoke of being offended by the statement, "that's so gay." One student said that at the beginrfing of the year the principal said that he would not allow the "that's so gay" statement to be used. In the student's classroom, however, the phrase is being used and the teacher doesn't do anything. Response to bullying varies significanfly between the teachers. Some teachers take action and other teachers do not respond at all. Monday when Neblett went to UAY there was an incident at one of the high schools xvhere someone in the classroom said, "oh you arc such a faggot." In response, the teacher said, "Oh there is something going on there" and then proceeded ~vith the lesson. At a junior high a kid had to switch her locker because of all of the derogatory and-lesbian graffiti. Another girl stated that she had the Midas touch. She is one of the only "out" students in the school and she has been subjected to derogatory comments regarding her sexual orientation. Students that dared to become her friend were similarly harassed. The anti gay and lesbian graffiti on the bathroom walls remains on the walls longer than other graffiti. One student received a call from the mother of one of her friends. The mother asked the student not to be friends with her daughter. Also, it has been very difficult for the student Gay Student Alliance group started at one of the high schools. They were told that they could not hang posters that advertised their group or the function they were planning. Other students took their efforts as a joke. They finally got it the group started through. Other groups were able to develop much more quickly. There xvas a male student who described being assaulted on school property. Allegedly somebody said, "Move out of the way faggot." The student turned around and was punched in the stomach. The next day he was scared to go to school but did anyway. That day the student xvas hit in the face from behind. He ended up switching to the Alternative School. A lesbian student reported that her friends do not knoxv that she is a lesbian. One time she was in the car with her male friends and one of them said, "There's a fag, let's go jump him." Another said, "Let's go hit fags with baseball bats for fun." This devastated her. In the last ten minutes of the meeting, Neblett asked how the Commission could help. Many of the teens said that they believe that some of the teachers do not intervene because they do not know xvhat to say. The teens suggested engaging in some instruction on what to say when this behavior occurs. The teens suggested role playing. They would like to see "same sex relationships" discussed in the curriculum. The topic is rarely touched on and it is only when a student brings it up In terms of the race, there was an African American student sitting in the library and someone came up to her and told her to take her Black ass back to Chicago or where ever she came from. The librarian xvas sitting there and didn't do anything about it. This happened at City High. The same gift was complaining because she is on the drill team that is segregated by race. The Caucasian girls are the cheerleaders and porn porn girls and they are generally and from a higher socio-economic background. The drill team is composed of students from a lower socio-economic background. The school's administration is allegedly trying to shut down the drill team. The drill team is not funded. They do not get to participate in the football games. The drill team is pretty much shut out of things. The participants have to buy their own uniforms where as the ICCSD pays for the uniforms for the cheerleaders and the porn porn girls. The dr/II team has been told that the ICCSD is going to shut down the drill team because people feel uncomfortable trying out xvith their team. The Caucasion students say they feel threatened by the drill team but no one says anything about it being intimidating for the Black girls to tryout for the other groups. The Black students reported bcing followed around by the admimstrafion at one of the kigh schools. The Black kids are having their lockers 4 searched for drugs when in fact it is the Caucasian students that are the b~ggest offenders. No one looks at the Caucasian kids as students that might have a drag problem. The gay students would like to have an assembly to address some of these issues. An assembly usually occurs easily if it is related to sports but they do not occur for these issues. They also suggest an environmental survey so the administration will know what they are going through. Retish wants the Commission to consider showing and sponsoring the video, "Bang, Bang, You're Dca&" It is about school violence and the pressure on kids to engage in violence instead of other means of conflict resolutions. Retish said he ~vould love educators to see the video and he added that the students in his class thought the video was good. He thinks children and adults that work with children should see the video. Retish has talked to the Riverside theatre about kids putting on the play. The script is available on the Intemet. Spooner said that it is hard for teachers to support anything that is not curriculum related. The teachers are very over-worked and they cannot discipline students without the parents getting all upset. Shank said that this is not discipline so much as catching the behavior and having a conversation regarding how destructive the behavior is. Short said that the ICCSD has an obhgation to provide a safe environment for ail of the students. Short said that students should go into the schools and feel like they are O.K. notwithstanding race or sexual orientation. Neblitt said that the student that switched schools is very happy now. McCue said that the Cornn'nssion has an educational responsibility. The ICCD is legally obligated, as is the Commission to provide education. McCue said that a student was sent to the hospital last xveek as a result of being attacked at one of the junior highs by another student. The student had complained to several teachers about the way he was being treated prior to being seriously injured. Shank indicated that she gave a speech to persons at the College of Education and her topic ~vas bullying. Shank urged the students to protect the kids. Retish said that these are strange times. The teachers are overwhelmed by the "No Child Left Behind" program. Retish said that he has been working ~vith the Iowa State Extension program and the Director of that program wants to work with the Commission to set up programs to educate the teachers or other folks that need education in this area. Townsend: Townsend reported an event that she found on Human Rights web site. The article that Toxvnsend shared with the Comrmssioners was about a woman presenting a program on "Making Iowa City A Human Rights Com2~unity." Shank said that it is occurring on November 6 and the xvoman is Shulanfith Koenig who is from Israel and the keynote speaker at this year's International Day. Dorothy Paul ~vho is a member of the Education Comrmttee put this program together. Shank scheduled the room. Townsend said that she was watching Ex-President Clinton and Ex-Senator Dole last evening. They xvere at the Kennedy Center talking about a program they xvere putting together while Clinton was still in office. They are going to give money to children in underprivileged countries. The only contingency to receiving this message is that the money can only be used if the children are sent to school. The kids get one good meal a day at school. Short interjected that George McGovern has been involved ~vith this program. Schools that feed children really draw kids into the schools. According to Townsend, the statistics are amazing and there are actually two McGoverns involved. Shorr said the food helps the kids to maintain energy and helps them learn. To~vnsend said that she saw the program on television last night at 10:00 p.m. Townsend asked Shank to ask Leshtz for information on the program for new parents that Dean started in Vermont. The program includes parenting classes and mentoring for new parents. 8. STATUS OF CASES: Things are going smoothly-. 9. ADJOURNMENT: MOTION by Townsend and seconded by Spooner at 8:42 p.m. MINUTES APPROVED 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 net 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 North 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 Hearing 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 intention 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 Hearinq 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 certain 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 spe. cific 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 proper~y values in the neighborhood. The establishment of the specific proposed exception will not impede the normal and ordedy 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 A~ustment Minutes November12,2003 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 yea?s. 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 per 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 ¢i~ Board of A~ustment Minutes November12,2003 Page 7 Chris Stephan 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 residentiar 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 Hearinq 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 chumh 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/pcdlminuteslboalboal 1-12-03.doc APPROVED MINUTES(PRIVATE } PARKS AND RECREATION COMMISSION NOVEMBER 12, 2003 MEMBERS PRESENT: Kevin Boyd, Craig Gustaveson, Judith Klink, Matt Pacha, Al Stroh, Sarah Walz, John Westefeld MEMBERS ABSENT: Margaret Loomer, Nancy Ostrognai STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood GUESTS: John Nolan; Julie Shebek and Kevin Hanes, U.S. Cellular; Laura and Rick Walton, Barb Goff FORMAL ACTION TAKEN Moved by Westefeld, seconded by Boyd, to approve the October 8, 2003 minutes as written. Unanimous. Moved by Stroh, seconded by Westefeld, to not endorse the proposal submitted by U.S. Cellular to install a telecommunication tower in City Park. AYES: Boyd, Klink, Stroh, Walz, Westefeld. NAYS: Gustaveson, Pacha. The motion passed, with a vote of 5-2. PUBLIC DISCUSSION John Nolan addressed the Commission concerning what he considered the "wanton cutting down and destruction of City trees", in particular a sugar maple tree that was taken down on the southeast corner of Summit and Burlington. He planted the tree approximately three years ago in the public right-of-way. He stated when he discovered that the tree had been removed, he contacted the City's Forestry Division to ascertain why. He stated he received a letter setting out the reasons, which he took issue with. One reason given was that "the future of the tree was in doubt due to the fact that it was not in good condition, and would have to be extensively pruned by MidAmerican Energy to keep it a safe distance from the overhead wires." Nolan stated the tree was in good condition and felt the pruning issue was bogus, referring to trees planted under high power lines along College Street Park. He noted in this case there is one wire that runs to one streetlight. Another reason was "the tree was planted in the public right-of-way without a permit." He felt 90 percent of the trees in the City were planted without a permit because they are much older than the City's ordinance. Nolan stated if this is a good reason for cutting down a good hardwood tree, then the ordinance should be changed. Nolan stated he would like to see something done to protect the trees and the people who live in the area. He provided a proposal to amend the current ordinance to prevent a similar situation occurring. He proposed that before the destruction of any tree the City should post a notice for 30 days at the site, giving people an opportunity to object and come before some board. The notice should also include the specific reasons for the destruction and removal. Nolan stated the ordinance as written gives the City authority to destroy a tree if it adversely affects public safety and property. He felt the tree destroyed did neither, and this was an illegal act. He stated the only valid reason he could reflect on that would justify the tree's destruction is that the City is getting a Parks and Recreation Commission November 12, 2003 Page 2 of 7 "kickback". He asked the Commission to seriously consider changing the current ordinance. Pacha stated the Commission would take it under advisement. He stated that as a long-time member and chair of the Commission he took offense at the totally unwarranted mention of impropriety and kickbacks. Nolan stated it was an extreme statement, but it was the only reason he could think of to cut down the tree. Pacha felt the correspondence (which included several letters to Mr. Nolan) explained in detail why the tree was cut down. He noted Nolan probably should have been notified before the tree's removal, but the result would have been the same, with the exception that Mr. Nolan would have had to pay the costs. Trueblood noted the trees along College Green Park were planted prior to the ordinance. There are huge trees that were planted before the ordinance, which are breaking up sidewalks and having to be pruned severely so as not to interfere with power lines, street lights, etc. The ordinance was adopted to help prevent these situations. U.S. CELLULAR REQUEST TO CONSTRUCT TOWER Julie Shebek and Kevin Hains representing U.S. Cellular addressed the Commission with respect to locating a slim pole telecommunication tower in City Park. An information packet was provided, which included examples of different slim pole tower designs in different Jocations of the park. They were seeking the Commission's approval and recommendation to City Council. Shebek indicated the tower could be 80 to 100 feet in height, depending on its location, and the accompanying building would be camouflaged to blend in with its surroundings. She indicated they have a real problem with coverage and trying to meet the customers' demand in the Iowa City area. In terms of revenue, the City would receive $10,200 per year, typically under a 25-year lease. Pacha asked if the lease would include a 5-year review option; Shebek indicated it would. Pacha asked if they had conducted an official site survey; Shebek indicated they did not want to take on the cost of a survey until they determined if there was support. Klink asked how many towers they currently have in Iowa City; Shebek indicated the FCC licenses 7 different providers and she did not know the total number. Westefeld asked why this location; Shebek indicated they are trying to take care of the needs in this area, noting there is poor coverage due to the amount of students on campus. Klink asked if they had any towers on University property; Shebek indicated they did not, but have been working with them. Stroh stated he could speak for the University, noting the only way he felt the University would get involved is if they would own the system and phones. He stated in this case, this is not the Commission's business; its business is the natural world and protection of it. He felt the City could find other ways to make money off City resources. He noted the Iowa State Bank building looks like NASA incarnate because it has been degraded by the equipment on top of it. Shebek stated that more and more studies indicate people are getting away from landlines, and she was not approaching the Commission with a moneymaking business. Stroh noted his concern that the Parks and Recreation Department might not realize the revenue. Pacha asked about the building and the need for fencing. Shebek noted the fencing would depend if there is a City ordinance requiring it or if somebody could climb the pole. They are proposing a wooden slim pole that would blend in with the trees, and they would make the building aesthetically pleasing. Shebek noted the importance of citizens having reliable emergency service, such as a 911 call, if they are relying on a cell phone. Approximately 80 percent of Parks and Recreation Commission November 12, 2003 Page 3 of 7 University students have cell phones. Gustaveson asked the size of the building; Hains noted it would most likely be a concrete aggregate 12' x 20' building. Gustaveson asked how much input the Commission would have on the appearance of the building; Hains noted 100 percent. Boyd stated if it was possible to make money from this venture that he wouId be interested in pursuing it. He stated his concern was that this was one specific proposal and once one request is approved more are likely to follow. He felt the proposal was acceptable if the City strictly controls the appearance of the equipment/building and sets forth a general policy. Gustaveson agreed, noting it was a great opportunity to obtain income. He also noted his fear and one objection would be that this would be opening up a door and setting a precedent. Stroh stated it would be difficult to stop others once you sell out. Boyd stated this is why there is a need to set up a larger policy, which would give the City control. Stroh asked if the City has looked into such a policy; Trueblood noted the City has determined cell phone towers on City property is a legitimate business use, but he was unsure as to whether or not a specific policy has been adopted. Westefeld stated there were some reasons to do it, but more not. He agreed money is an issue, but the concept of a cell tower in City Park, not only for seeing the structure even if camouflaged, sends a message to the community about parks. He indicated he had trouble reconciling putting a tower in City Park, and felt there would be a number of people in the community who would be opposed to it. Walz felt the department would never see the money, and was opposed to putting a cell tower in this type of park where a portion of it is very natural. She also agreed there would be a lot of citizen objections. Stroh felt it aesthetically and philosophically wrong to put a cell tower in a natural area and could not endorse the proposal. Pacha indicated he would vote in favor of it, whether or not in this economic climate. Various things could be done such as sharing the building for storage or as an electrical source. He also felt there would be a tremendous public outcry, noting he was involved when Regina was approached with a similar request. He stated he still would vote in favor of the proposal, and would put stipulations on it as to how the money would be funneled. Gustaveson agreed this would be a great opportunity to obtain additional revenue for park improvements. He also felt there would be a public outcry to putting a cell tower in a City park. Klink stated she was against the proposal, noting it is the Commission's responsibility to protect natural areas as much as they are capable of doing. Gustaveson stated he would feel differently if there were no light poles currently in City Park (i.e., tennis courts and ball fields). He asked if it would be possible to attach the cell tower to an existing utility pole in the park. Hains stated it might be possible if the pole is high enough and structurally sound. Klink noted the utility poles are not above the tree line. Hains added the cell tower would blend in and be aesthetically pleasing. Hains stated the real issue goes back to reliable emergency service to the residents of Iowa City who rely on cell phones. Boyd indicated he would vote with the majority on this issue, feeling it important to have a unified position and sending a unified message to the City Council. Westefeld stated he would still vote against it, noting the majority vote would not determine how he would vote. Walz noted approval of this request would open a can of worms, with the possibility of other cell phone providers approaching the Commission every other month. Stroh stated the need for a citywide policy, noting there are locations where a cell tower would be acceptable if done in an orderly fashion. Trueblood stated he would determine if such a City policy exists. Moved by Stroh, seconded by Westefeld, to not endorse the proposal Parks and Recreation Commission November 12, 2003 Page 4 of 7 submitted by U.S. Cellular to locate a telecommunication tower in City Park. AYES: Boyd, Klink, Stroh, Walz, Westefeld. NAYS: Gustaveson, Pacha. The motion passed, with a vote of 5-2. Trueblood asked if the Commission wants to convey to the City Council that they do not support cell phone towers in any City park. He noted this is the second proposal received, and asked if future ones are received if he should convey that the Commission has established a policy/philosophy that they do not want telecommunication towers in City parks. Walz expressed concern that some will respond to money and will not be thinking about the land issue. She stated the issue is just as much how to deal with this as an issue, noting this is not just one pole in one park. Various Commission members noted there might be park sites that would be acceptable. Pacha indicated he would like the Commission to be involved if a proposal affects a park. Stroh noted a citywide policy would make a difference TRAIL CONNECTION BETVVEEN WATERWORKS PRAIRIE PARK AND PENINSULA AREA Richard Walton addressed the Commission on behalf of the Bicyclists of Iowa City requesting that a trail link-up be funded and completed between Foster Road and the trails in Waterworks Prairie Park. He noted he has seen a proposal for a connector trail from the park via under passing the Interstate next to the river. They would like to have access to Waterworks Prairie Park by a new trail along North Dubuque, connecting to Oakdale and to North Liberty. This trail would give access to miles and miles of trails on the north side. The area of North Dubuque between the Butler Bridge and Taft Speedway is extremely dangerous, particularly dose to the overpass. There are frequently non-resident bicyclists that ride into Iowa City on this route not knowing the read situation. He noted the project is listed as one of the Commission's top 10 CIP priorities. Trueblood noted with the Waterworks Prairie Park open there have been discussions at the City's CIP meetings about moving this trail project forward. Boyd noted that the Iowa City/Coralville joint project to improve the Iowa River Power Dam Bridge would also increase the demand for the last portion of this trail. Stroh agreed this is a significant link. Trueblood stated the City would like to put the trail as dose as possible to the river, but it might be advisable to locate it on higher ground. The City has a waterline easement in this area, but it does not own the land. Gustaveson stated in light of the development and increased usage, the Commission should reprioritize the department's cip projects. He agreed north Dubuque has been a hazard for years for bicyclists and pedestrians, but the problem is the estimated project cost of $1,200,000 and budget constraints. Boyd stated City Council is pushing to fund other projects, noting bonds would be involved with this project. He noted his frustration at the 25% level the City Council adheres to when it could go up to 75%. Walton asked if the project cost was due to extending the trail onto the peninsula area or the shortest route to Foster Road. Trueblood stated that he thought the estimate was for the longer distance to the peninsula, but going under 1-80 will also be a costly component. He stated he would take this information back to the CIP committee. Trueblood indicated when organizations such as the Bicyclists of Iowa City back a project, it lends credibility to moving it up on the list. Walz stated it should be a higher priority, that the more people the City gets out to the Waterworks Prairie Park the more likely it will bring additional money to develop the park itself. FY05 OPERATING BUDGET AND FEES Parks and Recreation Commission November 12, 2003 Page 5 of 7 Trueblood reported the budget has been submitted to the City Manager, and the review session is scheduled for Friday. He stated the Recreation Division's fee proposal would be submitted to the Commission next month. He noted it might be more difficult to reach the 40% self-supporting goal due to FY03 revenues being substantially down. The jury is still out on the affects of not mailing brochure. Also, Coralville and North Liberty will both be opening new pools. Gustaveson asked why revenues are down; Trueblood indicated he would have a report next month. He noted expenses are also down, but not enough to cover the "40% rule." Trueblood asked if the Commission wanted to reprioritize the CIP projects or choose 1 or 2 top projects to focus on. Gustaveson felt the Commission's top 10 priorities should be reviewed. Stroh felt the timing of the master plan would be a big help; Pacha agreed that until the master plan is completed it is difficult to effectively prioritize the projects. Boyd felt it would be helpful to determine the top three projects. Walz stated all are great projects, but when an organization is backing a project it would be nice to bump it up on the list. Klink noted the Waterworks Prairie Park to Peninsula Park Connector Trail project and asked if it was possible to get funding from another source due to the safety problems involved. Trueblood stated it might be eligible for STP funding; there might also be Federal Trails grant funds available. Stroh stated the safety issue is a product of previous City actions - they create desirable entities and they have an obligation to correct them. Pacha asked the Commission to be prepared next month to discuss their top 3 CIP projects. Trueblood stated he would update the costs and mail it to members prior to next month's meeting. Walz stated the Waterworks Prairie Park's prairie can be done in parts. Stroh agreed the Commission should also identify projects that can be phased. COMMISSION TIME Klink referred to the Clear Creek Greenspace Plan that Coralville's Parks and Recreation Department developed. She will make it available for members to review. Westefeld expressed appreciation to staff and those involved in planning this year's park tour. He found it very worthwhile event, which also afforded an opportunity to get to know Commission and Council members better. Stroh asked the next step with regard to John Nolan's request for an ordinance change. Trueblood indicated he would furnish it to the City Attorney's office for their input. Stroh stated he walked through Hickory Hill Park and commended City staff for its efforts and work with the trail system. Walz indicated she also enjoyed the park tour. She noted that she and Klink have been working with staff and Russ Bennett on a volunteer event to seed approximately 2.33 acres at the Waterworks Prairie Park on Saturday, December 6. An announcement was sent, a lot of people are interested in participating, and Commission members are welcome to join the group. She reported Pheasants Forever contributed $2,000 towards the prairie seeding, and two other groups have expressed interest in contributing also. Trueblood noted the Four Seasons Garden Club also donated $1,000. CHAIR'S REPORT Pacha reported Margaret Loomer has been reappointed to the Commission and the other opening Parks and Recreation Commission November 12, 2003 Page 6 of 7 will be readvertised. The deadline to apply is December 17. DIRECTOR'S REPORT Trueblood repoded on the following: Sand Prairie Area. Several lots have been relocated to create more green space, and the developer has agreed to include a trail connection to Wetherby Park. Parks & Recreation Master Plan. This will be discussed at the budget review session on Friday, November 14. Homeless Shelter Proposal. There is nothing new to report at this time; Commission will be actively involved if this proposal moves forward. Iowa City School District. They will be applying for community development block grants to construct a larger gym at Grant Wood School. They are looking for partnerships, such as the City and neighborhood centers. Staff informed them they did not feel the City ceuld look at programming the facility on a self-suppoding basis. The capital expense would not be a big problem, but the operating expense would. Parks and Recreation Commission November 12, 2003 Page 7 of 7 Doq Park Update. The group is excited about the site at the landfill, and staff will be meeting with them again. The site is currently leased to a farmer for another two years, and the group may have to consider buying out the lease. Staff anticipates they will approach the City for funding at some point in the future. Recreation Division Reqistrations. Some of the program supervisors are noticing a decline in enrollments this fall, and on-line fall registration figures are disappointing. The decline may be attributable to the fact that the division's activity brochure is no longer mailed to all Iowa City residents. On-line registration represented 8.1% of the total fall registration as compared to 6.5% of the total summer registration. Staff will continue to monitor Aouatics Supervisor. Staff will be interviewing three candidates for the position and hope to have the person on board by the first of the year. Budqet Cutbacks. The department owes one more position to budget cutbacks, which may be met by attrition. A park maintenance worker is likely retiring the end of March. Staff feels it may not be able to afford losing a park maintenance worker, and will look at the possibilities of moving staff around. Miller/Orchard Park. Marcia Klingaman, Neighborhood Services Coordinator, has been contacting residents to set up an initial planning session for hopefully early December. Boyd indicated he would like the Commission to be notified of this date. Next Month's Meetinq. The annual holiday meeting will be held at next month. This will also be the last meeting for Al Stroh. ADJOURNMENT The meeting adjourned at 6:40 p.m. Approved MINUTES HISTORIC PRESERVATION COMMISSION NOVEMBER 13, 2003- 7:00 P.M. EMMA HARVAT HALL - CIVIC CENTER MEMBERS PRESENT: Richard Car[son, 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. McCaffer[y 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 replacing 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. EIliott 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. McCaffer[y 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. EIliott 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 votin.q 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. McCafferty 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 for demolition by neglect. She said that an HiS investigation could be requested by the Commission or anyone else. Maharry said many people are under the mistaken impression that historic preservation costs substantially more money, but it 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 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. McCafferty 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. 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. Historic Preservation Commission Minutes November 13, 2003 Page 5 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. ADJQURNMENT: The meeting was adjourned at 8:00 p.m. Minutes submitted by Anne Schulte data on cit yntJpcd/minut e s~h pc/h pc11-13-03.doc MINUTES Approved/Final SENIOR CENTER COMMISSION TUESDAY, NOV. 17, 2003 MEMBERS PRESENT: Lori Benz, Jay Honohan, Betty Kelly, Allan Monsanto, Charity Rowley, and Deb Schoenfelder MEMBERS ABSENT: None STAFF PRESENT: Michelle Buhman, Linda Kopping, Julie Seal and Assistant City Attorney Sue Dulek GUESTS: Jo Hensch and Nancy Wombacher CALL TO ORDER MINUTES Motion: To approve the September minutes as distributed, Rowley/Monsanto. Motion carried on a vote of 6-0 PUBLIC DISCUSSION None APPOINTMENT OF THE AT-LARGE POSITION ON THE COMMISSION- Honohan ~ ExecutiveSessiononConfidentialComponentsofApplicationforAt-largePosition Motion to have Commission enter into executive session. Motion carried on a vote of 6-0. Rowley/Benz. Commission discussed the confidential components of the Commission applications. Motion to end the executive session, Motion carried on a vote of 6-0, Rowley/Benz. > Open discussion and Appointment of At-Large Position Candidates for the at-large position are Eve Casserly, Irene Bowers and Sarah Maiers. Commissioners discussed the applications for the at-large position on the commission at length. Motion to vote by secret ballot, Rowley/Kelly Motion carried on a vote of 4-2 with Monsanto and Honohan opposed. Sarah Maier was appointed to the At-Large Commission position by a majority vote done by secret ballot. Motion to destroy the ballots. Rowley-Monsanto, Motion carried on a vote of 6-0. REPORT ON COMMUNITY FOUNDATION OF JOHNSON COUNTY- Honohan Dulek briefed Commissioners on the history of the Gift Fund and indicated that t~ne City of Iowa City Finance Department controls it. State law limits investment options for the MINUTES Approved/Final SENIOR CENTER COMMISSION TUESDAY, NOV. 17, 2003 City and the Community Foundation being considered by the Commission is not an allowable investment. Honohan outlined an alternative plan that would allow the Commission to invest Gift Fund money in the Community Foundation of Johnson County. He recommended that the Commission establish a charitable foundation that would be managed for the exclusive support of the Senior Center. A charitable foundation of this sort would be independent of the City and a legal recipient of City funds. The charitable foundation's articles of incorporation and by-laws would stipulate that all funds received would immediately be invested in a fund designated for the Senior Center within the Community Foundation of Johnson County. It was suggested that the members of the Senior Center Commission serve as the Board of Directors of the charitable foundation. With this arrangement, the Commission could donate Gift Fund money to the charitable foundation. The foundation would then turn around and invest the money (for the Senior Center) in the Community Foundation of Johnson County. Proceeds from the investment would be distributed to the charitable trust. The charitable trust would then donate the proceeds to the Center. Concerned was expressed pertaining to the potential loss control of the gifted money in the future because the charitable foundation would be an independent organization, separate from the Senior Center and the City. In theory the board of the charitable foundation could decide to invest the money elsewhere or use it to support something other than the Senior Center. Honohan asked to have this put this on the agenda for further discussion at the December meeting. He indicated that he would draw up examples of articles of incorporation and by-laws for review and discussion at that meeting. The articles and by-laws would address the concerns expressed. FISCAL YEAR 2005 BUDGET PROCESS- Kopping Kopping reported that the proposed budget for 2005 was submitted a few months ago. The only major change in the FY04 budget was reallocating a portion of the money budgeted for temporary part-time employees to fund the new permanent part-time Clerical Assistant (0.5 FTE) position. Funding was also requested to cover the cost of a HACAP position at the reception desk. The HACAP contract has been reviewed by legal and the recommended changes now need to be discussed with the HACAP director. In total, the requested budget is approximately $200 more than last year. Revenue projections from memberships and donations are the same as they were in FY04. Kopping is in the process of preparing a list of capitol improvement projects that may be necessary in the next few years. SENIOR CENTER UPDATE Operations- Kopping MINUTES Approved/Final SENIOR CENTER COMMISSION TUESDAY, NOV. 17, 2003 The half-time Clerical Assistant position has been announced. Applications will be accepted in Personnel until Thursday, Nov. 19 at 5:00 PM. Due to a scheduling conflict, it was necessary to change the December meeting date. The December meeting will be held on Monday December 15 from 10AM to12PM. Kopping reported that several unanticipated, and therefore unbudgeted, repairs have been made to equipment in the kitchen recently. She noted that the repair and maintenance costs are escalating. Honohan recommended that the lease agreement with Elder Services Inc. be revisited. It is possible that the decision not to charge Elder Services for utilities or the use of space may need to be reconsidered. Kopping indicated that she would collect some information related to expenses, utilities, and meal services for the next Commission meeting. Kopping informed the Commission that the original part of the Post Office building that eventually became the Senior Center will be 100 years old in 2004. She has organized a committee of participants, community members, and staff to develop a year-long series of programs centered on this theme. Programs- Seal Seal distributed information on programs scheduled to be offered this winter and spring. Many programs will be offered in the evening and many will be free and open to the public. See the Post Spring Course catalog for a complete listing of programs. The program guide will be made available in early January. Volunteers- Rogusky Rogusky distributed copies of the volunteer hours for September. Rogusky updated Commissioners on activity groups and special events from September and October. Information on the activity groups and special events are included in the Post. Membership and Fundraising-Buhman Buhman reported that as of November 17, 2003, 686 people have registered as Senior Center members. Sixty-eight (68) memberships have been sold at the discounted rate. Seventy-two (72) people have contributed to the Operational Budget for a total of $3,591.00. A copy of this report can be picked up at the Secretary's desk in the main lobby of the Center. REPORTS COMMISSION VISITS City Council - Honohan Honohan visited with the City Council and reported on the lease with Elder Services, Inc. A number of counselors questioned the terms of the lease, specifically the payment of the utilities. Board of Supervisors- A copy of the Senior Center Commission minutes was sent to the Board. MINUTES Approved/Final SENIOR CENTER COMMISSION TUESDAY, NOV. 17, 2003 COMMISSION DISCUSSION Post article report from this meeting-Charity Rowley City Council -Lori? Jay Honohan will go to the Board of Supervisors meeting. Kelly will be writing the Post article for the December meeting. Motion to adjourn, Motion carried on a vote of 6-0, Monsanto/Rowley MINUTES FINAL/APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 2003 - 6:30 PM LOBBY CONFERENCE ROOM MEMBERS PRESENT: Jerry Anthony, Erin Barnes, Lori Bears, John Deeth, Mark Edwards, Bill Graezel, Matthew Hayek, Shellie Mackel, Jayne Sandier MEMBERS ABSENT: None STAFF PRESENT: Tracy Hightshoe, Steve Long OTHERS PRESENT: Al Axeen, Alaina Welsh, Mick Bowers CALL TO ORDER Chairperson Hayek called the meeting to order at 6:30 PM. APPROVAL OF THE OCTOBER 16, 2003 MINUTES MOTION: Deeth moved to approve the minutes as submitted. Anthony seconded the motion. All in favor, motion passed 9-0. PUBLrC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA Hayek introduced and welcomed the two new members of the Commission, Erin Barnes and Shellie Mackel. The Commission members each introduced themselves and welcomed Barnes and Mackel. Mackel is a non-practicing attorney and is employed by the Iowa Women's Foundation as the Development Director. Barnes is a first year graduate student in Rehabilitation Counseling. Prior to becoming a full-time graduate student she worked for Goodwill Industries. Long distributed a letter to the Commission members from Steve Kanner, City Council Member. The letter inquired if the Housing and Community Development Commission (HCDC) would have any interest in helping to evaluate City Community Development Block Grants (CDBG) economic development applications. Long noted that the Commission can discuss the letter but they can not make a motion or vote on any item that is not on the agenda. Hayek gave a bit of background information about the City's CDBG allocations that Kanner referred to in his letter. Hayek said that pursuant to CITY STEPS, the City's Consolidated Plan, the City Council earmarked 9% of the HUD entitlement funds for economic development activities. The Council Economic Development Committee, comprised of three City Council members, is the committee responsible for reviewing CDBG economic development applications. Once the Economic Development Committee makes a decision to recommend the allocation of funds, this recommendation is reviewed by the City Council. Hightshoe noted that in the past, a couple HCDC members went to the meetings to provide input and to update the rest of the Commission. These individuals either lost interest or were unable to attend the meetings. Hightshoe said if sufficient interest exists, HCDC could send a member to the Economic Development Committee meetings. Staff could also provide a summary of the applications coming before the Economic Development Committee. The Commission decided to put this topic on the December meeting agenda for further discussion. REQUEST BY HACAP - ADDITIONAL FUNDS FOR TRANSITIONAL HOUSING Allan Axeen, the Housing Operations Supervisor for HACAP, was present to discuss the request. Hightshoe reported that HACAP received $128,000 in FY04 to acquire two units of transitional housing. The original application requested $384,000 to purchase six units. HACAP acquired the two units and is now requesting additional funding to acquire one additional unit. Other funds for the purchase of this unit are contingent on approval from the Iowa Finance Authority. Axeen reported that with the combined funding from HOME and the Iowa Finance Authority (IFA), HACAP has purchased a total of four units. They have approximately $7,000 remaining from the IFA grant. HACAP requested that IFA amend the existing contract to allow the purchase of a fifth unit. HACAP is asking HCDC for $20,000, out of the contingency fund, to purchase the fifth unit. This request is contingent on IFA allowing HACAP to amend their original request. HACAP will provide the remaining cash needed for the $77,000 purchase. Axeen said the target area for the acquisition would be the Benton/Seville or the Westwinds area in southwest Iowa City. Housing and Community Development Commission Minutes November 20, 2003 Page 2 Hayek asked if it would be possible for HACAP to wait until the FY05 application round in January. Axeen said they would be applying for other projects in the FY05 application process. Hightshoe said the Commission would have to decide if the request qualifies for the use of contingency funds, per our policy. A request falls under the Contingency Fund Policy under two circumstances. The first is for project cost over-runs, and the second is for funding new projects that are considered an emergency or urgent need. If the request does not fall under either criterion, the request would be considered a request for uncommitted CDBG or HOME funds. The Policy for Uncommitted Funds requires the public be given an opportunity to comment on the proposed use of funds at a HCDC or Council meeting. Hightshoe said in response to a question from Anthony that there is approximately $50,000 in contingency funds. If not utilized, these funds become a part of the FY05 funding pool. Sandier said based on the Contingency Funds Use Policy, the HACAP request does not appear to qualify for the conditional use of the funds. Hayek clarified, and Hightshoe agreed, that historically the contingency funds that have been used were for health and safety related issues. MOTION: Sandier moved that the HACAP request be submitted as a special project to be reviewed at the December HCDC meeting. Anthony seconded the motion. DISCUSSION: Deeth questioned how much money is being leveraged. Axeen said the amount is $57,000. Hayek expressed concern that if by approving this request outside of the application round, it would set a precedent with other applicants. Sandier said that if the Commission thinks there is no way the request would be approved as an urgent need, emergency or special project, it would be a waste of the applicant's time to apply for the contingency funds. Axeen stated he would have to inquire, but they may be able to carry the IFA funding over to the next year. This would allow them to go through the FY05 application process, and allow more flexibility. VOTE: All in favor, motion passed 9-0. REQUEST BY PRAIRIE GARDEN IHA LP - PROJECT CHANGF Alana Welsh was present representing the Prairie Garden IHA limited Partnership. Welsh said she is requesting permission to use the funding awarded to the Whispering Garden housing project in combination with the funding for the Garden Prairie housing project. The combination of the two funds would allow the Prairie Garden project to acquire a building that would house three, one bedroom, second floor units and use the first floor space for laundry facilities, a rental management office, and a support services office. Hayek clarified that Garden Prairie was the FY03 HOME funded project to purchase 7 duplex lots for 14 units of affordable rental housing. The applicant acquired land for 14 housing units. Whispering Garden was a FY04 funded project ($144,303), for the purchase of 4-5, three or four bedroom units. Hayek questioned if this reduction of units/bedrooms would trigger a "substantial" change in CITY STEPS. Hightshoe said per the CITY STEPS Citizen Participation Plan, this request is considered a "substantial change" due to a change in beneficiaries and change in the scope of the project. Therefore, it has to go through the formal amendment process of having a public comment period and be approved by the City Council. in response to a question from Edwards, Welsh said the number of units would be decreased from 4 to 3 and the number of individuals served would decrease from 12 to possibly 6. She also said they would be adding a laundry facility, support services and site management. Anthony questioned if the units would require lead based paint stabilization and if they have cost estimates. Welsh said they have budgeted for lead requirements but did not have figures currently. Anthony also asked of the existing Garden Prairie project, how many of the units would be kept Housing and Community Development Commission Minutes November 20, 2003 Page 3 affordable. Welsh replied that 20% of the units would be restricted to those households earning less than 40% of the area median income. Per HOME regulations, 90% of all HOME assisted units must be rented to households whose annual income does not exceed 60% of the area median income. Hayek clarified that the applicant is requesting that the Whispering Garden project go from a 12-15 bedroom project down to a 3 bedroom project. Also, they are asking to combine the Whispering Garden and Prairie Garden projects for purposes of applying for tax credits and to purchase the building at 912- 914 2nd Avenue (Hoover Elementary attendance area). Welsh said that is correct, by grouping the two projects together it would be large enough to attract an investor to utilize Federal Tax Credits or other funding sources. Greazel stated Whispering Garden IHA Limited Partnership received funding for a particular project and to change the scope and focus of that project now seems unfair to the others that also applied for FY04 funding. Alaina mentioned that all FY04 housing applications were funded at some level. Whispering Garden received the remainder of what was left to allocate. Staff confirmed that all HOME eligible projects were funded, however not at the applicant's full request. Greazel also questioned how truly useful the proposed first floor space would be to anyone. Welsh replied that because they are partnering with Successful Living, a nonprofit organization, the support services would be very useful. Hayek said his biggest concern is the fact they are reducing the number of bedrooms from 12-15 down to 3. Hightshoe said in response to a question from Anthony that if the request were denied, the Whispering Garden project would proceed as is and the $144,000 awarded for land acquisition would wait until lots became available for purchase. Edwards said this proposal does address the need for scattered site housing. Sandier said the proposed increase in services is good and something they did not have before. The provision of free office space for Successful Living will help their agency provide services and increase their capacity. Commission members requested certain conditions if they are to approve the request. Applicant must provide laundry facilities at the 2nd Ave. location, provide 500 bus tickets for Garden Prairie tenants, provide office space at no charge to Successful Living as project managers, submit a supportive services agreement for Garden Prairie residents, provide access for other non-profit use on the first floor of the building, first floor handicap accessibility at the 2nd Ave. location, and sign a formal agreement with Successful Living for property management. MOTION: Anthony moved to approve the request to count the funds previously awarded for the Whispering Garden project as part of the Prairie Garden project for the purpose of applying for tax credits and use the $144,303 to acquire a property located at 912-914 2nd Avenue with the aforementioned requirements. Sandier seconded the motion. Motion passed 8-1 (Hayek opposed). Hightshoe stated she would provide a letter to Welsh indicating the Commissions tentative approval. The Commission agreed to adjust the agenda for the convenience of others present, and moved to Item 9. NEW BUSINESS Update on FY04 projects - CDBG/HOME projects that have not entered a formal agreement with the City of Iowa City. The Commission discussed the issue of not allowing any flexibility for delayed projects. The policy states that if a subrecipient has not entered into an agreement with the City within 90 days, the City would recapture the CDBG/HOME funds. Housing and Community Development Commission Minutes November 20, 2003 Page 4 Successful Living: At issue is D&K Properties, a for-profit entity that was awarded HOME funds to purchase a 21-unit single room occupancy unit located on Dubuque Street. Successful Living, a non-profit organization desires to purchase the building. Successful Living provides property management for the 21 units. They have experienced difficulties applying for grants, as the owner is a for-profit entity. D&K bought the property with HOME funds. The period of affordability, as required by HUD, has been interpreted by the City attorney's office as the length of financing per the contract. The HUD minimum period of affordability for this project is 5 years, which has elapsed. To avoid "double dipping" with HOME funds an amendment must be completed to clarify the 5-year period of affordability. This amendment must be signed before Successful Living may enter an agreement to purchase the facility with HOME funds. A complication arose because a partner in D&K Properties died unexpectedly, and the estate has been in probate. This complication is the reason for the delay in not entering into a formal agreement with the City of Iowa City. MOTION: Greazel moved to extend the deadline for Successful Living to enter into a formal agreement with the City to January 1, 2004. Sandier seconded the motion. All in favor, motion passed 9-0. Hightshoe said that Burns & Burns needs a similar motion for the Whispering Gardens project that was previously discussed. MOTION: Edwards moved to extend until February 1, 2004, the deadline for Whispering Gardens to enter into a formal agreement with the City, not withstanding the Unsuccessful or Delayed Projects Policy. Anthony seconded the motion. All in favor, motion passed 9-0. Hightshoe said that the Shelter House project also needs a similar motion because the 2 proposed location sites where not approved. Sandier expressed concern because the Commission awarded what they did, and when they did, because Shelter House had a purchase agreement for a site location. She questioned the likelihood that the 2 new possible City owned sites might be also be deemed unacceptable. Hayek noted that limited amendments to the deadline are okay, on a case by case basis. The previous two amendments had specific dates to work with, but this project doesn't seem to have a specific timeline. Deeth asked if they must take action on this now or will there be more information available within the next month. Long responded that there should be more information concerning the project and site location within the next 30 days. MOTION: Deeth moved to defer any action on an amendment to extend the deadline for Shelter House to enter into a formal agreement with the City until the HCDC December 18, 2003 meeting. Anthony seconded the motion. All in favor, motion passed 9-0. MONITORING REPORTS · ICCSD - Operation Expenses Hayek reported that the After School Program at Mark Twain Elementary School is operational but the $4,400 awarded to them has not yet been spent. They have hired staff, are working with many service pmvidem in Iowa City, and they are just completing the first 8-week session. They serve approximately 50 students. The money awarded to them was for staff time, however they are finding that they need more money for transportation costs. Hayek said the program is going very well and they would like to provide for more students. · Eagles Flight - Facility Rehabilitation Gmazel asked the report be deferred until the December meeting. Long said he was recently at the location and they were installing fire alarms. · 4 C's Child Care- Facility Rehabilitation Edwards reported he had visited the site and they have replaced windows, installed a ramp and are working on the lift for the stairs. He stated the director was unavailable and he would provide more information at the December meeting. Housing and Community Development Commission Minutes November 20, 2003 Page 5 · PATV/Evert Connor Center- Facility Rehabilitation Bears reported that nothing has happened with the rehabilitation project yet. The remaining FY04 monitoring projects/reports were divided between the new members, Mackel and Barnes. Mackel will monitor Community Mental Health Center Rehabilitation project and Elder Services Small Repair Program. Barnes will monitor the Shelter House Deposit Assistance Program and the City of Iowa City Housing Rehabilitation project. DISCUSS AND REVIEW FY05 FUNDING PROCESS TIMELINF Hightshoe reviewed the FY05 funding process and timeline. · The second week of December public notice will be given and advertised that CDBG/HOME applications are available. The applications are due January 23, 2004 at 12:00 noon. · A question and answer period for the applicants is scheduled for February 19, 2004. · The Staff will do an analysis of each application and also provide ranking forms for the commission members. Staff will ask the HCDC members to rank the projects based on set criteria. · March 11, 2004, there will be a meeting to review how each commission member scored each application and determine if there are any large differences of opinion. · March 18, 2004, HCDC members will make a recommendation on what projects to fund and at what level. After the recommendations are made, a few HCDC members will be appointed to write justification memos to be included in the City Council's packet to inform them of the thought process that went into each funding recommendation. · There will be a 30-day public comment period ending May 1, 2004. · The City Council will hold a public hearing on April 20, 2004. Long asked the HCDC members to please look at these dates and to try to have the majority of members present at the meetings. APPROVE FY05 CDBG/HOME APPLICATION MATERIALS Hightshoe reviewed what is new for FY05. She reported that the Council wants to put area housing providers on notice that housing projects identified in-school attendance areas that have a high percentage of iow income students, such as Twain, Roosevelt and Wood Elementary schools, may be denied. She stated the City Council will be looking into a scattered site housing policy and will discourage locating additional subsidized housing in areas with higher concentrations of subsidized housing. The commission reviewed and discussed the application materials. Anthony suggested they add the words "housing projects" when identi~ing projects that may be denied funding if they are proposed in an area within elementary school districts that are over the ICCSD average of 20% Iow-moderate income students. He said he completely supports scattered site housing but the commission sees applications for both housing and service projects, and the areas mentioned might be good sites for service projects, but not housing projects. The Commission members agreed with Anthony's suggestion. Hightshoe and Long said that the paragraph needs to be rewritten. Anthony also stated that he thought the term "may be denied" was too ambiguous. He suggested they include a way to address this in the ranking criteria. For instance, give an applicant fewer points if they are proposing a housing project in this area identified by council. Hightshoe said she was unsure if a formal policy would be in place by the time the applications are reviewed, but thought a formal policy may be in place by July 2004 when the monies become available. Sandier said she was interested in knowing what properties are available for acquisition or development in the areas that have less than the stated ICCSD average of 20% Iow-moderate income students. She said it would help in judging funding applications to know what is available in order to understand if the proposal is viable. The commission members agreed. Housing and Community Development Commission Minutes November 20, 2003 Page 6 Hayek summarized the proposed changes to the FY05 CDBG/HOME application materials. He said the paragraph encouraging the distribution of housing or residential facilities needs to be reworded. The Commission members suggested the following: · Omit the wording "where there may be families present". · To add the word residential, before the word projects. · To check the numbers in Exhibit B, to make sure they have the most current information. MOTION: Anthony moved to approve the recommended changes to the FY0$ CDBG/HOME Applicant Guide as discussed. Deeth seconded the motion. All in favor, motion passed 9-0. MOTION: Deeth moved to approve the remainder of the FY05 CDBG/HOME Applicant Guide. Anthony seconded the motion. All in favor, motion passed 9-0. MOTION: Greazel moved to amend the previous motion and add to the FY05 CDBG/HOME Application two (2) applicant questions; if they are a first time applicant have they met with City staff to review their application; and how much in property taxes will be generated from this project. Sandier seconded the motion. All in favor, motion passed 9-0. Hayek suggested the Commission send a letter to the City Council concerning scattered site housing and encouraging them to include the HCDC in the process. There was a consensus and approval for Hayek's suggestion. MOTION: Deeth moved to adjourn the meeting. Greazel seconded the motion. All in favor, motion passed 9-0. The meeting was adjourned at 8:45 PM. FINAL APPROVED Iowa City. Public Library BOARD OF TRUSTEES MINUTES Agenda item 3A Regular Meeting - 5:00 pm - MEETING ROOM C November 20, 2003 Shaner Magalh~es, President Thomas Dean Linzee McCray Linda Prybil Pat Schnaclq Secretary Jesse Singerman Tom Suter Jim Swaim David VanDusseldorp, Vice President Members Present: Thomas Dean, Shaner Magalh~es, Pat Sclmack, Jim Swaim, Tom Suter, Linda Prybil, Dave VanDusseldorp Members Absent: Jesse Singerman, Linzee McCray Staff Present: Barb Black, Maeve Clark, Susan Craig, Heidi Laurilzen, Kara Logsden, Martha Lubaroff Call Meeting to Order Magalh~es called the meeting to order at 5:04 pm. Public Discussion There was no public discussion. Approval of minutes The minutes of the regular meeting of October 23 were approved after a motion made by Schnack and seconded by Swaim. All were in favor. Motion passed 7-0. Unfinished Business A. Building Proiect: In Joel Miller's absence, Craig gave an update. She described a minor setback due to an error in panels that were fabricated off-site, to be hung on clips, which were already in place. Due to an incorrect fit, the clips were re-done causing a delay. However, we do not absorb the cost for error and it does not, overall, affect the project schedule. The cost adjustments remain under $200,000, with 77% of the project done. Craig conducted a tour. Swaim had a question about Moen assuming ownership of 64 lA and the use of that lot for parking. Moen may place barricades up or start towing cars at any time. Swaim asked about the library being in the shadow of the proposed building. Our architects do not believe it will be a problem for om building and Agenda item 3A Page 2 feel that the tall towers are set back enough that we might benefit from shade on our windows in the summer time. B. Award Contract for Furniture This was a complicated bid since vendors could bid on all or parts. The four components are modular office systems, general furniture, stack end panels and library equipment that includes wastebaskets, coat racks, bulletin boards, etc. Henrickson and Company came in with the lowest bid for all parts except the end panels. There was only one bid for the end panels: Jones Library Services, our shelving vendor. Craig and Nicole Woods, our interior designer, recommend that bids one, two and four be awarded to Hem:icksen and Company, and bid three awarded to Jones. There may have to be another bid to complete the process because some specified furniture was removed at vendors' request. The bids are within what we budgeted for furniture and art. Swaim moved we accept the recommendation by staff. Seconded by Suter. All in favor voted Aye. Motion carried 7 to 0. C. Update on Realtor search Craig reported that there were three responses to the letter that was sent out. Magalhaes and Craig interviewed Harry Wolf from Buyers Realty, Kevin Hanick of Caldwell Banker and Gerry Ambrose and Associate from Prudential Ambrose & Jacobsen Realtors. Ail were favorable. The recommendation was to work with Kevin Hanick, pending a written proposal of his fees and what he would provide. In response to a question, Craig explained that she and Magalh~es felt that Hanick answered questions competently and offered many ideas for the space and what businesses would be approachable, as well as sharing his vision for something vital downtown. All three realtors said that we might need to consider more than one tenant for each floor. Swaim moved that we accept Craig's and Magalhles' recommendation. He stated for the minutes that the Board appreciated the responses from three competent realtors and expressed thanks for their interest. Motion was seconded by Prybil. Dave VanDusseldorp stated that in his business experience with realtors, he believed that this was a good choice. All in favor voted Aye. Motion carried 7 to 0. D. Johnson County Library Task Force Prybil and Craig attended the meeting. Craig said that after working through the process it looks like we will have a contract which is very similar to the current one with some new language that gives the supervisors an option out if funding changes and places an overall cap on annual increases. If they exercise the option to not renew the contract, it would be a major problem but seems only fair to offer the choice since it would be as a result of state funding cuts. When the contract is written it will come back for formal approval. Magalhaes had a question about what would happen in 2005 or 2006. Craig said we would continue to operate under the current contract for Fy 05 and the new contract will be in place by FY06. Swaim questioned a reference to our budget procedure. Craig explained that the City Council approves our operating budget. She agreed with Swaim about the independence the Board has, but funding still was approved by Council. Board is authorized to spend money that is allocated to the library. Trustees have the final say on the distribution of the money, with the exception of permanent positions. Magalhies asked for any other comments. Prybil observed that from her point of view, supervisors sensed that there is a strong movement to keep the status quo. Craig asked for a motion saying, in principle, Trustees accepted this language and agreed to proceed with the proposed changes. Suter moved that we accept the language and stated for the minutes that the Board is appreciative of the Board of Supervisors' attention to the matter, and continued support. The Board also appreciates the cooperation of other libraries. The motion was seconded by Swainr. All in favor voted Aye. Motion carried 7 to 0. New Business A. Policy Review: Media Use Agenda item 3A Page 3 This is a regular policy review with only small changes recommended by staff. Logsden answered a question regarding what is considered public performance. She said that if more than two people were watching any piece of media, it was considered public performance. In some cases, viewing by more than two patrons could be a copyright violation. There are new provisions of copyright laws. It was suggested that a session for the Board might be helpful, particularly on electronic access issues. A motion to approve the policy as revised was made by Suter and seconded by Schnack. All in favor voted Aye. Motion carried 7 to 0. Staff Reports A. Departmental Reports: Adult Services, Circulation, Information Logsden included a memo on the Cable Refranchise process. Lauritzen was asked about materials used upstairs. Her report referred to public use of materials that are not checked out but need to be replaced on shelves. "Recently returned" notification on the catalog is an alert that an item has been checked in and allows the public to find it more easily. Lauritzen was asked about shelf reading and how often it is done. Certain sections are done more often depending on use. Bound periodicals are not done as frequently as they used to be since we have access to information on line. Any shelf in the Children's Room would have to be done frequently. Biographies don't have to be done as often. Clark noted the beginning work on a redesign of the web resources section of the library's web site in her report. B. Development Office. Curtin could not attend meeting. VanDusseldorp gave a report from the Foundation. A fundraising event is being planned for May. After examining a series of proposals, the Foundation finance committee selected an investment firm. They will change at the beginning of year from Hills to Iowa State Bank &Trust. Curtin will leave the position of development director towards the end of 2004 as previously planned. A committee has been working with her and Craig on a revised job description and timeline. They would hope that a new Development Director could start in November of 04 in order to have continuity through opening and then move on with new leadership. In response to a question about the Book Gala, our profit was about $1600. C. Annual Reception for State Legislators. This annual event is being held on December 3. at Coralville Public Library from 5-6 pm. Library Directors and Board members, State legislators, and members of the County Board of Supervisors will be there. It is a good opportunity to meet and talk about library issues. School librarians are also being invited. This year the IEMA has voted to join Iowa Library Association and one issue for libraries is to require a school librarian in every building. D. 1UPLA statistics. Overall comparisons haven't changed too much. We continue to rank at the top for both use and per capita support. E. Status of FY05 Budget. Agenda item 3A Page 4 Craig had her budget meeting at City Hall. The City Manager seemed supportive of requests except the large amount for computer replacement. Our proposed budget showed projections for increased £mes, loss of a management position, and less increase in collection. Difficult choices with continued reduction of funding are either to lose more collection growth or reduce hours. This needs to be talked about on December 3 so Johnson County legislators can share with other legislators. G. Hancher Grant. ICPL will be one ofHancher's parmers in a major grant. This is a very exciting opportunity. Craig and Green will attend a press conference along with Iowa Children's Museum staffand Hancher people. This grant for the L.E.A.P. project calls for planning this spring and summer and then four years of innovative family programming, community networking, and outreach to Gen-X generation parents and their children. Reminder about Staff Recognition on December 12. Annual service awards will be given and trustees are invited. Refreshments at 8:30, staff awards will begin at 9:00 am. President's report: Impending lack of parking is expected by early December. We need to go back to the drawing board and put parking on the agenda for next month. ANNOUNCEMENTS FROM MEMBERS For the Foundation, VanDusseldorp reminded trustees that the BookEnd is always looking for donations. Virtually everything is needed except magazines. Swaim announced that the Executive Director &United Way is leaving. He said that the search committee is looking for her repIacement. Craig was part o£a panel on the Patriot Act. It was sponsored by the League o£Women Voters and will be telecast on The Library Cham~el. Disbursements Visa Expenditures for October were reviewed. Disbursements for October were approved after a motion by Suter/Prybil. All voted Aye. Motion passed 7to0. Adjournment Trustees were reminded that we meet next month on the 18t~. Prybil moved adjournment. VanDusseldorp seconded. Motion passed unanimously 7-0. Meeting adjourned at 7:00 pm. Minutes taken and transcribed by Martha Lubaroff M1NUTES FINAL IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, NOVEMBER 24, 2003 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. L1NN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Saul Mekies, Kimberly Thrower, Terry Smith, Jim Pusack MEMBERS ABSENT: Brett Castillo STAFF PRESENT: Drew Shaffer, Mike Bran, 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 MINUTES 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 ora 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 nms 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 MINUTES APPROVED PLANNING AND ZONING COMMISSION DECEMBER 4, 2003 EMMA J. HARVAT HALL MEMBERS PRESENT: Jerry Hansen, Ann Freerks, Ann Bovbjerg, Don Anciaux, Beth Koppes, Dean Shannon MEMBERS ABSENT: Benjamin Chair STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Liz Maas, Robert Nelson, Jeff Edberg RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, REZ03-00027, a rezoning from Highway Commercial, CH-l, to Sensitive Areas Overlay, SAO/CH-1 and the Sensitive Areas Development Plan for the Davis Addition, an approximate 25.07-acre property located west of Mormon Trek Boulevard and south of Highway 1, subject to Army Corps of Engineers permit approval for the proposed Compensatory Mitigation Plan and recording of the Sensitive Areas Development Plan. Recommended approval, by a vote of 6-0, SUB03-00027, an eight-lot commercial subdivision for a 25.07-acre property located west of Mormon Trek Boulevard and south of Highway 1. CALL TO ORDER: Bovbjerg called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Bovbjerg said listing of current vacancies on the various City Boards and Commissions was posted in the outer lobby. REZONING / DEVELOPMENT ITEMS: REZ03-00027/SUB03-00027 discussion of an application submitted by James Davis for a rezoning from Highway Commercial (CH-l) to Sensitive Areas Overlay (SAO/CH-1) and an eight-lot commercial subdivision for a 25.07-acre property located west of Mormon Trek Boulevard and south of Highway 1. Miklo said the property was recently annexed into the City. The zoning of this particular area was mostly CH-1 or Highway Commercial. A portion in the south-west region was zoned ID-RS because it was located south of a drainage way and was more related to the residential property to the south than to the proposed commercial area. Miklo said there were two elements that the Commission was looking at: 1) a rezoning which required a sensitive areas overlay rezoning because there were wetlands in the southern portion of the property and the applicant had proposed to modify the wetlands and 2) a commercial subdivision to create commercial lots, one out-lot for the wetlands and one out-lot for the future residential development in the far south west portion of the property. Miklo said with the subdivision there would be a new street which had been revised to be named City View Drive. The name was acceptable according to the City's Street Naming policy. One issue that Staff was looking at very closely was access to Mormon Trek Blvd, a new arterial street. Currently there was one existing access point granted onto Mormon Trek Blvd. The new street would provide access to the interior lots, a shared drive would be provided for Lots 7 and 8. Staff felt the proposal was a good way to provide access onto the property but not create too many curb cuts onto Mormon Trek Bird, which was intended to carry arterial street traffic. Planning and Zoning Commission Minutes December 4, 2003 Page 2 Miklo said in general Staff found the subdivision design satisfactory, however there were some related issues associated with the wetlands and the overlay rezoning which needed to be addressed. Stormwater management for most of the subdivision was to be in the lower part of the property where the wetlands were also located. The Sensitive Areas Ordinance (SAC) required that before modifying a wetland an attempt must be made to find other solutions to development of the property. The wetlands needed to be modified because of the need to provide stormwater management for the property. The consulting engineer for the applicant had performed a study and found that because of the topography of the land and the way it drained, it would be very difficult to provide stormwater management in the upper parts of the property. City engineers concurred with that conclusion. The wetland was a jurisdictional wetland, but it was not of high quality because it had a very limited variety of plant species. The mitigation plan proposed to modify the wetland by removing some it and replacing some of it with stormwater management facilities. In compensation, as required by the SAC and the Army Core of Engineers, the proposal was to enhance existing wetlands located on the other side of Highway 218, west of Kitty Lee Road, in the same watershed. In order to enhance the wetlands, some of the non-native invasive species would be removed and additional wetland species would be planted. Julie Tallman, the City's staff person who dealt with environmental issues, had reviewed the proposed plan. Her general statement had been, "The existing wetland was not a postcard wetland, it didn't have a variety of plant species. By allowing the modification of the wetland, it would actually enhance it." Tallman had recommended approval of the sensitive areas overlay, Staff concurred. Miklo said the other aspect of the wetlands was that it required a 100-foot buffer. The SAC allowed the City to reduce the buffer if certain conditions were met, which were outlined in detail in the Staff report. Staff recommended the reduction of the buffer. The SAC allowed 'buffer averaging', the buffer to be narrower in some places provided it was wider in other places and that the overall average of the wetland buffer was the same. Staff had reviewed and concurred with the plan to modify the buffer by buffer averaging. Miklo said the Core of Engineers was in the process of reviewing the proposals for the wetland and their approval would be required for any activity to occur. As a condition of approval, part of the wetland plan would require monitoring for five years the work to be done to assure the new wetlands created both on this site and on the site off Kitty Lee Road and to assure that the wetland mitigation was successful. Miklo said in general Staff felt the subdivision was a good design, it controlled access to Mormon Trek Boulevard and the proposed mitigation plan for the wetlands would actually result in a better wetlands than existed on the property today. All the deficiencies noted on the Staff report had been corrected so Staff recommended approval of both the Sensitive Areas Overlay and the associated wetland mitigation plan REZ03-00020 and the preliminary plat to allow the commercial subdivision, SUB03-00028. Freerks said under item fl4 on the Compensatory Mitigation Plan, it stated that "transplanting as much of the native vegetation from the original wetland as possible as well as the upper 6-12 inches of soil was encouraged." Was that suggestive language or would the Commission wish to establish a minimum goal? Miklo said it was "encouraged" because in not all cases was it practical and/or in some cases the plant species were not suitable. Miklo said he would prefer the consulting engineer to further address that question. In response to a question by Hansen, Miklo said it was correct that the created wetland was being placed on land owned by the applicant. Hansen asked if there were any stipulations in the SAC or in the Core's regulations that a created wetland could not be disturbed. Miklo said if it was being done as part of a Core permit that would control the future of the created wetland. Behr said there was a contract with the Core that prohibited disturbing the newly created wetlands. The contract was placed as a covenant of record and was also recorded. Freerks asked why 25-feet had been selected as the minimum buffer zone. Miklo said it had been written into the Ordinance after a considerable amount of study had been done by the Committee who'd drafted the SAC that 25-feet was the minimum requirement to create a healthy wetland environment. Hansen said the buffer was only a City requirement. Bovbjerg said it was possible that some contributing logic had also come from the Riverfront Commission and might have been related to the steepness of a slope. Planning and Zoning Commission Minutes December 4, 2003 Page 3 Public discussion was opened. Liz Maas, 620 Ronalds Street, representative of MMS Consultants. She said with respect to the previous questions. Regarding soils - the area was invaded by reed canary grass, an invasive species, which typically was good for soil erosion but did not designate a good, healthy, normal wetland. Part of the plan was to try to reproduce a more native species mix that would rehabilitate the area rather than just let it lie with the reed canary grass that didn't provide much of anything interesting. Core 'permitting' would be required no matter where the other wetlands were to be located/created. If for whatever reason the area created off Kitty Lee Road would need to be impacted, the same exact process would be followed again - the Core alerted, there would have to be a wetland delineation of the existing wetlands, the Core would issue a permit and those wetland would have to be located someplace else again. Maas said she was not exactly sure why 25 feet was required for the minimum buffer width. Originally there appeared to be an area that was only 20-feet, but they had measured the site and it was exactly at 25-feet. In response to a question from Bovbjerg, Mass said she had authored the wetland reports that were included in the Commissioner's information package. Bovbjerg said she was concerned about the speed of water and the pollution of water coming off parking lots, building roofs and from the street. She asked if holding basins were proposed and also something to slowdown the rush of water. It was one thing for a hillside to seep into a waterway but something totally different for water to come sloshing down and gouging as it flowed. Maas said where the storm sewers entered the wetlands they would have rip-wrap or rock placed so there would not be erosion in the basin area itself. A smaller basin had been designed on the western side of the property to catch the water as it came off Hwy 218 and the western side of the property. A two-cell design had been proposed to slow water. Initially it would stop at the smaller basin then slowly transmit into the next cell. Water from the north from the subdivision itself would flow down into the main cell. The eastern berm had been designed so the outlet itself would actually be above the bottom of the wetland basin. She had explained to Julie Tallman that for the birds, having open water was probably expected but was not the preference of the birds. However in a high rain event water would be expected to come sloshing in and would sit temporarily for one day as it flowed in, then evacuate and be gone. The basin had been designed to accommodate all the water that came off the site so there should be no problem with the water flowing over. The whole point of having a wetland was to slow flood water. Bovbjerg asked Maas to talk about the route of water. Maas said In 1995/96 a pond had been created with draws to direct the drainage of the water to the pond, then on to Willow Creek which was in the Willow Creek watershed. It had been Core permitted. For the Core's purposes, taking the mitigation someplace else was not practical. Attempting to find a wetland mitigation site that was also within the same watershed was the best next case scenario. In this case, Davis' own property provided space to also have mitigation within the same watershed. Bovbjerg asked if there were any soils in the current wetland that would be suitable for saving and transplanting? Maas said in 1987 the Core had designed a way to determine what areas were and were not a wetland. To do a wetland delineation as required by the Core, required looking at hydric soils, hydrology and wetland vegetation. This area had been a wet area and an agricultural field for a long time. It was a fairly sloping area that had had pesticides and herbicides placed on it, there had been a lot of natural erosion of the soils down into the lower part of the wetland area. Water rushing in off Hwy 218 as well had allowed for reed canary grass to infiltrate the wetland area and obliterate other types of species. Excavating and removing the soils from this particular site would actually be improving the site. The banks would be re-seeded with a wide variety of species that hopefully would take hold. Bovbjerg asked if the acreage in CRP must be kept? Maas said the pieces of CRP would not be impacted, changed or altered, Davis would be allowed to keep his CRP contracts. The plantings Davis had in the upper region would not be impacted by the proposed plan. Public discussion was closed. Motion: Shannon made a motion to approve, REZ03-00027, a rezoning from Highway Commercial, CH- 1, to Sensitive Areas Overlay, SAO/CH-1 and the Sensitive Areas Development Plan for the Davis Planning and Zoning Commission Minutes December 4, 2003 Page 4 Addition, an approximate 25.07-acre property located west of Mormon Trek Boulevard and south of Highway 1, subject to Army Corps of Engineers permit approval for the proposed Compensatory Mitigation Plan and recording of the Sensitive Areas Development Plan. Hansen seconded the motion. Shannon said on the surface, it seemed like a good plan for the property. Nansen said he seconded for the same reason. Koppes said she supported the motion because she thought the wetlands would actually be better after they had been replanted with wetland plants. Anciaux reaffirmed prior comments. Bovbjerg said the proposal would provide some commercial property and relief from drainage. She liked the idea of monitoring the wetlands for 5-years and if problems occurred they would be corrected and the 5-year clocks would begin again. She felt this would be good not only for the subdivision but could be a great demonstration project for those who said it could not be done or it didn't make any difference. She thought it was also one of the first proposals that the Commission had reviewed that included mitigation, substituting one area for another as long as it was in the same watershed. The motion passed on a vote of 6-0. Motion: Koppes made a motion to approve SUB03-00027, an eight-lot commercial subdivision for a 25.07 acre property located west of Mormon Trek Boulevard and south of Highway 1. Freerks seconded the motion. Koppes said she thought this was a good commercial area close to the interstate. She would be interested to see how quickly the area filled up. Hansen said he was glad to see the commercial space. Anciaux said he felt this fit the plans for the area. Shannon said he felt this was a good plan for the area but he was disappointed that Mormon Trek Boulevlard would not be ready to go clear through to Riverside Drive for quite some time. The motion passed on a vote of 6-0. Hansen requested that the Commission receive the Annual Wetland Reports at the first formal meeting of each calendar year so the Commission could also monitor the progress of this wetland. Behr and Miklo said the Housing Department automatically received the Plans for their monitoring. Miklo would make a notation to forward the Plans to the Commissioners. OTHER: Discussion of a request submitted by 'The Church in Iowa City' to amend the zoning code to remove the minimum lot area requirements for religious institutions in the Commercial Office (CO-1) zone. Miklo said Staff had received a letter requesting an amendment to the Code that was also being contemplated as part of the Code rewrite. Currently the Commercial Office Zone allowed religious institutions as provisional uses. The provision that were required to be met were: · be at least 40,000-square feet in size or approximately one acre · be located on a collector or arterial street · the building has to be setback 2 feet for every foot in height. Miklo said for all other commercial zones, religious institutions were either a permitted use or a special exception, meaning that they were reviewed by the Board of Adjustment and approved or denied on a case-by-case basis. On a case-by-case basis, the Board would then set the parameters for use such as minimum lot size, set-back, etc. The current provisions in the CO-1 zone were similar to the provisions that applied in residential zones. Miklo said in the re-write of the Code, Staff were contemplating making this change which would allow religious institutions to be allowed in CO-1 zones either by special exceptions or a list of special conditions, none of which would stipulate a minimum lot size of 40,000- square feet. Staff felt that might be excessive in either a commercial or residential zone, it should be done on a case-by-case basis. Planning and Zoning Commission Minutes December 4, 2003 Page 5 Miklo said the question before the Commission was, · did they wish to take the time to amend the Code at this time · did they wish to direct Staff to study the request in more detail and provide a Staff recommendation at the January meeting · did they wish to wait until they had completed the entire Code rewrite process which would be several months from now? Miklo said at Monday evening's informal meeting, possible alternatives to amending the Code, such as a rezoning to Community Commercial, CC-2 had been discussed. This particular CO-1 zone provided a buffer between a CC-2 zone (retail commercial area) and a multi-family apartment residential area. After looking at the zoning map, Staff would not advise or recommend a rezoning to CC-2 which would have implications for the residential area located across the street. It could result in more intensive uses, more signage or more lighting that would not necessarily be ideal directly across the street from a residential zone. Miklo said in other parts of the City there were CC-2 zones located directly across from residential zones, but it was not an ideal situation and Staff would not recommend that it be expanded. Miklo said Staff would see amending the Code or a rezoning to be of similar seriousness or levels of concern. Hansen said he had inquired about a rezoning instead of amending the Code, but after looking at the building and its location, he would not be open to a rezoning but would consider amending the Code. He felt it would be good for that area not to have another empty building. Bovbjerg asked if changing the zone of this particular lot would be spot zoning. Miklo said it would not necessarily be spot zoning as it would be contiguous with CC-2 to the east, but Staff felt it would not be a good zoning pattern. Bovbjerg asked if 40,000 square foot meant the entire lot and was that only in the CO-1 zones. Miklo said it was for the entire lot and it was also required in residential zones. It could not be smaller under other any other cimumstances. Staff had a concern that that requirement might prohibit smaller chumhes from locating in neighborhoods where it would be favorable to have small churches versus the large churches which drew large amounts of traffic. Freerks asked what was the reason for 400,000 square feet in the first place and why are there several churches that are on smaller parcels. Miklo said most of the churches on smaller lots were grandfathered in. The 40,000 square foot requirement went into effect in 1983. He'd heard two explanations. One was that with an acre there was plenty of room to buffer a building or parking lot from surrounding neighborhoods. The other reason, perhaps simply hearsay, was that at one time a City Counselor had a concern that churches might try to locate on Church Street older neighborhood, by buying up several houses and disturbing the residential neighborhood area. As a discouragement, the minimum was set at 40,000-sq. feet. Public discussion was opened. Robert Nelson, 924 Sunset Street, said he was a member of the congregation. They were a small church with a total of approximately 45 members, generally 35 who attended regularly. Koppes asked if the petitioners were aware that even if the Commission requested Staff to change the Code, it would be quite awhile before it made it through City Council. Nelson said he was not exactly aware of the time frame. In his letter, he had requested the process to be expedited. Miklo said at minimum, it generally took three months, even if the Council collapsed certain readings of the Ordinance to speed up the process. Hansen asked Nelson if that fit his time frame. Nelson said he would say yes, if it had to be, it had to be. Bovbjerg asked where they were currently meeting. Nelson said right now they had a number of homes that they met in during the week in Iowa City, Coralville and rural locations. They scheduled meetings so 12-15 persons could meet in a home during various times of the week. Freerks asked if Nelson saw the property being used as just a church or would there be commercial uses at all. Nelson said there would be no commercial uses that he was aware of, no bingo or grocery stores. It would be purely for religious purposes. Planning and Zoning Commission Minutes December 4, 2003 Page 6 Nelson said he was aware of the statement regarding the required setback from the curb to the front of the building. He thought the building met the standard in its present condition. They did not plan on placing any steeples or anything on top of the building. They planned no structural changes to the exterior of the building at all. Hansen asked if any members of the congregation lived in that neighborhood? Nelson said they had one family that lived just east of there, but that had had no bearing on selecting that properly. They had been looking for a property for well over one and one-half years to try to find someplace to meet. Property was very expensive in the City. When this place had come on the market, it had seemed like a proper place for them. The Congregation had told them to make an offer on the property and they had. The current owner had agreed to their offer providing that zoning be approved, that was a contingency in their contract. Freerks asked if there were adequate parking spaces. Miklo said they would have to comply with that regulation based on the size of the building. Staff had not looked at that in detail. They would need to consult with the Building Department. Nelson said he had visited the property, there were 28 marked spaces with additional room for more marked spaces on the lot. Miklo said for religious institutions, parking was calculated by taking the occupancy load of the main or largest meeting room and calculating 1/6 of the occupancy load. Most churches provided far more parking than was required. Hansen asked if the 28 spaces were all on that particular piece of property. Nelson said they were all on the building's lot. Freerks and Bovbjerg said often times churches made agreements with adjacent commercial properties to meet their parking demands on Sundays. Nelson said 28 spaces would be adequate for the congregation's needs at present. Both the complexes to the north and to the south were larger commercial complexes and if the need arose they would approach them about using their spaces for parking overflow on Sundays. Jeff Edber,q, real estate broker who has this property listed for sale. Edberg said in looking at the zoning, this building was consistent with the CO-1 zone. CO-1 was typified by the properties that surrounded Mercy Hospital, it was a buffer between a more intensive use and surrounding residential area. On this site, the surrounding residential areas were high density so in his opinion it didn't quite fit the zoning of CO-1, but it still fit the intent. Edberg said he was delighted to have a church try to locate south of Hwy 6, it would be a real community use of the building. He said the next higher zoning designation was the CN- 1 zone where Eagle Supermarket and Eicher Florist had been located but did not have the 40,000 square foot restriction. They would support the removal of that restriction from the Code, it was a hindrance in this particular case. He had been approached by a lot of other potential users but liked the Church's intended use and would like to see it supported. Public discussion was closed. Bovbjerg asked if a special exception could be granted. Miklo said no. There were only two ways the church could locate on this property, change the zoning to a zone that does not require the 400,000 square foot lot area or amend the zoning code. Staff would not recommend changing the zoning district designation. Staff felt it was appropriate to buffer apartments from the retail commercial zone because of the greater potential for signage, bright lights and the amount of traffic generated in a retail zone. Hansen said he would be willing to amend the Code. He felt it would be a welcome addition to that neighborhood. Behr suggested before providing commentary, it would be appropriate to direct Staff to further investigate, provide a Staff Report and a recommendation. A public hearing would be held at which time members of the public could voice their opinions regarding changing the zoning code. It would effect not only this particular property but all Commercial Offices zones throughout the City. Shannon suggested that Staff be asked to investigate and provide their recommendation in a timely manner. Hansen said he was strongly in favor of Staff taking a look at this and reporting back to the Commission about amending the Code. Planning and Zoning Commission Minutes December 4, 2003 Page 7 Anciaux said he would like to look at the options that Staff would prepare. Freerks said since they were in the process of re-writing the Code anyway, if they could help someone out, it might not hurt to look into it. Koppes asked if Staff received a lot of requests for amendments to the zoning code. Miklo said he would estimate approximately six per year. In comparison, this particular request was pretty minor compared to others that Staff had received. Koppes said she had originally requested a consideration to rezone the area at Monday evening's meeting to avoid the ordinance change, but she would favor directing Staff to look into the ordinance change. She would not support rezoning the property. Hansen said he would not be as open to this if the Commission were not already looking at this as part of the Code rewrite. Koppes said she would agree with Hansen's statement. Miklo said Staff would take the Commission's directive to look into the issue and have a memo with Staff recommendation for either the December 18th or January 15th meeting. CONSIDERATION OF 11/6/03 and 11/20/03 MEETING MINUTES: Hansen made a motion to approve the 11/6/03 and 11/20/03 meeting minutes. Shannon seconded the motion. The motion passed on a vote of 6-0. ADJQURNMENT: Hansen made a motion to adjourn the meeting at 8:33 pm. Freerks seconded the motion. The motion passed on a vote of 6-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill MINUTES IOWA CITY CIVIL SERVICE COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM December 17, 2003 MEMBERS PRESENT: Mike Kennedy, Lyra Dickerson, James Anderlik STAFF PRESENT: Sylvia Mejia, Karen Jennings, Andy Rocca OTHERS PRESENT: None RECOMMENDATIONS TO CITY MANAGER AND STAFF: None. RECOMMENDATIONS TO CITY COUNCIL: Commissioners recommend that Council accept the promotional lists for the positions of Fire Lieutenant, Fire Captain, and Fire Battalion Chief. SUMMARY OF RELEVANT DISCUSSION: Chairperson Kennedy called the meeting to order at 8:15AM. First order of business was certification of the promotional lists for the positions of Fire Lieutenant, Fire Captain, and Fire Battalion Chief. Mejia provided a brief overview of the testing process. There were twenty applicants for the position of Fire Lieutenant, fourteen participated in the assessment center and a list of ten is presented for certification. Chapter 400 of the Iowa Code limits promotional lists to ten names. There were eight candidates for the position of Fire Captain and a list of eight names is presented for certification. Finally, there were nine applicants for the position of Battalion Chief, two candidates withdrew and a list of five is presented for certification. Chief Rocca indicated that he had heard nothing but positive comments from employees who participated in the process. Candidates indicated they were put at ease by the facilitator and felt good about the process. Mejia noted that the assessors communicated that they were very impressed with the quality of Iowa City Fire personnel and that the assessment centers appeared to be a positive experience for all involved. Mejia explained the additional request to the Commission that the list be approved as a three-year list. The Code states that promotional lists are effective for two years, however, Fire certified promotional lists can be effective for three years if so approved by the Civil Service Commission. Due to the expense involved in the promotional testing process, Iow anticipated turnover in the Fire Department, and administrative difficulties in filling acting duty assignments that resulted from not having a current effective list over the past year, the City requested that the Commission approve the lists presented as three-year lists. Dickerson asked about the potential for diversifying the list if testing were conducted in two years rather than three and Mejia and Rocca explained that there was not a high likelihood that the applicant pool would be significantly more diversified if promotional testing were conducted in two years rather than three. Dickerson moved that the Commission accept each of the certified lists as proposed and that those lists remain in effect for three years. Kennedy seconded and all were in favor. Old business: None New business: None Dickerson moved and Kennedy seconded a motion to adjourn. All were in favor. Meeting adjourned at 8:33AM. Kennedy moved and Dickerson seconded a motion to adjourn. All in favor, meeting adjourned at 8:20AM. December 17, 2003 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 TO: The Honorable Mayer and the City Council (]19) ]s6-soo9 FAX www.icgov.org RE: Civil Service Entrance Examination - FIRE LIEUTENANT We, the undersigned members of the Civil Service Commission if Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Fire Lieutenant for a period of three years. Marc Reyhons Eric Nurnberg Troy Roth Zach Hickman Axel Swanson Adam Riss Dennis Hansen Greg -I'innes Dan Buser Brandon Smith IOWA CITY CIVIL SERVICE COMMISSION Michael W. Kennedy, C~r Lyra ~. Dickerson ]ar~ L. Anderlik Marian Karr, City Clerk December 17, 2003 CITY OF IOWA CITY 410 East Was]~ington Street Iowa City, Iowa $2240-]826 (319) 356-5000 TO: The Honorable Mayer and the City Council (3~9) ]s6-soo9 tAX www.icgov.org RE: Civil Service Entrance Examination - FIRE C.~PTAIN We, the undersigned members of the Civil Service Commission if Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Fire Captain for a period of three years. Ken Brown Brian Platz Bob Henry Chris Bok Brian Greer - tie Steve Stimmel - tie Scott Goolsby Brian Rohr IOWA CI'TY CIVIL SERVICE COMMISSION Michael W. Ken~edy~/~air · Dickerson Jarr~ L. ^nderlik Marian Kart, Ci~ Clerk December 17, 2003 CITY OF IOWA CITY 410 £ast Washington Street Iowa City, Iowa 52240-1826 1319) 356-5000 TO: The Honorable Mayer and the City Council RE: Civil Service Entrance Examination - FIRE BA'rI'ALION CHIEF We, the undersigned members of the Civil Service Commission if Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Fire BaU~lion Chief for a period of three years. Larry Kahler Bob Henry .lohn Grier Chris Bok Steve Stimmel IOWA CITY CIVIL SERVICE COMMISSION Michael W. Kennedy, Chair LyralW. Dickerson .lame ~derlik Mar~n Karr, City Clerk