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HomeMy WebLinkAbout2004-02-03 Bd Comm minutes FINAL/APPROVED MINUTES IOWA CITY HUMAN RIGHTS COMMISSION LOBBY CONFERENCE ROOM 410 E. Washington St. Tuesday, November 25, 2003 7:00 p.m. MEMBERS PRESENT: Lisa Beckmann, Keri Neblett, David Shorr, Rick Spooner, Jim McCue, Catherine Fribley, Valerie Garr, Billie Townsend MEMBERS ABSENT: Paul Retish STAFF MEMBERS: Heather Shank 1. CALL TO ORDER: Meeting called to order at 7:00 p.m. 2. INTRODUCTION OF COMMISSIONER APPOINTED ON OCTOBER 14TM AND 28TM, 2003: CATHERINE FRIBLEY AND VALERIE GARR: Fribley introduced herself and said that she works for the Iowa Coalition against Sexual Assault. She states that she had done anti-sexual/domestic violence work in Iowa and she now coordinates a national technical assistant project for the coalition. Garr introduced herself and informed the Commission that she works in the Office of Admissions at the University of iowa and has been with the University for 18 years. Gar works with underrepresented populations of students and she conducts diversity dialogue groups and diversity presentations. The Commission members introduced themselves to the new members. 3. APPROVAL OF REGULAR MINUTES: Motion to approve minutes was made by Shorr and seconded by McCue. Motion passed unanimously. 4. RECOMMENDATIONS TO COUNCIL: None 5. NEW BUSINESS: Youth Town Meeting-Violence and Bullying-Scheduled for Dec 10th in Senior Center Assembly room, 28 S. Linn St.: Shank said that Lauren Reece has agreed to be a panelist. Shank explained the application process for the students. Beckmann suggested going through churches, boy scouts, girl scouts etc., she will make some contacts. She further suggests setting up another date in the spring as an addition. Fribley asked what the response was from Lauren Reece in regards to bullying. Shank explained that she talked to Reece about a project that Dr. Dan OIweus developed in Norway to address bullying. Information about the program is in the packet. When Shank explained the program to Reece, she seemed interested but there is a cost to the project. The biggest cost would be related to teacher books. Shank said that many of the kids that other people have contacted were afraid of being on the panel. Nebtett added that she knew of a student that changed schools because of a bullying situation and now attends the alternative school and she will contact him to see if he is interested. She will provide the student's name to Shank. Beckmann suggested setting up a screen for anonymity. Beckmann asked for volunteers for the December 10th meeting. Fribley and Neblett volunteered to attend. Human Rights Ordinance revisions: Beckmann summarized the changes in the Human Rights Ordinance for the new Commissioners. Shank also stated that while the Commission had voted in favor of the changes, the vote had not been unanimous. She informed the City Council of the positions of the two Commissioners that voted against the changes. The City Council voted in favor of the changes. Beckmann added that the Commission was aiming for a more educational role because the Commission does not have the means to change the law. McCue asked to have the role of the Commission explained to the new members. Shank indicated she would provide a summary regarding the changes in the Ordinance as well as the Commissioner's role on the Commission. Spooner stated that it was a difficult decision to make and the ordinance revisions will change the direction of the Commission. He said that he disagreed with the changes and felt that the probable cause decision was something that the Commission should still be involved in. Townsend said that in her opinion the lawyers don't always make the right decision and she feels that if you give them additional feedback it might give them a chance to reconsider their decision. McCue said that he is concerned about people coming up to him and asking about specific complaints. Beckmann and Shank both said that the cases are confidential. Shank said that next month all the closed case decisions would be available to them. Garr asked if Commission members were part of a panel that ruled for probable cause in the past. Townsend explained the process as far as the Commissioner's role in reviewing the complaint and signing the Commission opinion. Spooner stated his thoughts on the procedure and told the Commission members that he believed Commission feedback protected the citizenry of Iowa City. He further added that with the high turnover of the Commissioners the Ordinance changes could be revisited. Spooner believes the results are not always good when a Commissioner is taken out of the process.- Fribley asked what the outcome was when the Commissioners disagree with the attorneys. Shorr explained that the city must get behind the attorneys and support them. Beckmann announced that the ordinance changes had passed 5-1 6. OLD BUSINESS: a. Reports on Diabetic Health Fair and banquet; Night of 1000 Dinners; Shulamith Koenig, Shorr's conference call with the ICRD: Shank attended the Diabetic banquet and thought it was very interesting. Shank said that a physician spoke on various aspects of the disease and food habits of the very young. She recommended that the Commission sponsor this event again. Night of 1000 Dinners-Spooner said that he was in attendance and he found it a very sobering event involving dance, poetry and dialogue explaining the dangers of land mines. He added that 25,000 die yearly involving land mines. Spooner recommended sponsorship again next year. Shulamith Koenig- Shank said the speaker talked about making Iowa City a Human Rights city. Shank felt that Koenig was a good speaker and spoke of how easy it would be to institute human rights education into everyday lives. Shank feels it might not be the time to work on this project. Conference call-Dave Leshtz cannot attend a Commission meeting until February as he is working for "Dean for America." Shank called Leshtz to get his thoughts on the budget cutting proposals from the group hired by Vilsack to recommend ways to save money. One of the proposals of the group is the elimination of "unfunded mandates." The creation, funding, and staffing of the Human Rights Commission as set forth in 216.19 of the Iowa Civil Rights Commission is an unfunded mandate, that requires cities of 29,000 or more to adequately staff and fund a Human Rights Commission. Shank further stated that there are two possibilities: (1) the mandate is removed and the city has the choice of whether to eliminate or keep the Commission and staff; or (2) The state allows for one central Commission to take complaints, namely the Iowa Civil Rights Commission, and recommends the elimination of all local commissions. Shank said that she could not figure out how option two would save the state money. It has been suggested to Shank by other Human Rights Directors that the State's intent is to eliminate all local commissions. Consideration of these proposals is to take place in January 2004. Beckmann thinks some of the cities in Iowa are just shifting money around. It was suggested to Shank that by eliminating local commissions, it would successfully eliminate protection for person's that believe they have been discriminated against based on sexual orientation or gender identity. Shank also was told that a lot depended on how well Iowa does in the 4th quarter. b, Nominations for youth award; Youth Human Rights Awards-Does anyone want to do a Public Service Announcement? Beckmann said that the winners of the Human Rights Youth Awards would be presented at the April meeting. She explained the process/program to the new members and said that all that participated will receive a reward. Beckmann will appoint a nominating committee to go through the awards to make sure the criteria are being met which is broad. The criteria can be found in the nominating letter/application. She said that April 1st is the deadline and requested someone to do a public service announcement that will be filmed in January. Fribley and Garr are interested in making the announcement. Neblett will check into having a teen from UAY youth do an announcement as well. c. Camp Director: Shank said that the director's name is Bob Aossey and his address is P. O. Box 521, Cedar Rapids, Iowa 52405. Shank spoke with someone regarding the Commission's desire to speak with him and give support to his camp. Shorr indicated that he would write a letter to Mr. Aossey. d. David Leshtz: Covered earlier. e. Legislation: Covered earlier f. Education Committee: Shank said that there was a meeting scheduled but she couldn't attend. She gave a brief description of the Education Committee and said that they were currently involved in providing information to people about how to draft a resume, fill out applications, cover letters, mock interviews. Shank believes the event is quite successful and the next program will be at Broadway Center. Shank said that members of the education committee are gathering information about the needs of the citizens in the area by attending meetings and contacting city agencies. She added that the next Building Blocks for Employment is April 20, 2004. g. Latino Conference and Latino Institute: Shank gave a speech on discrimination law and Ellen Ramsey Kacena, the Human Rights Investigator, spoke on other areas of employment law. Shank discovered later that the program stated that Kacena and Shank would be speaking about migrant rights. Shank and Kacena did not address migrant rights and this upset some of the participants. The Institute and Conference were, however, very successful. Next Agenda Beckmann would like two items specifically noted on next month's agenda. First, Beckmann wants suggestions of possible keynote speakers for next year's human rights breakfast: Beckmann said she would like to have suggestions of possible speakers at the December meeting and finalize the selection at the January meeting. Shank said that the breakfast is scheduled for September 23, 2004. Beckmann would also like to see the nomination form modified because people are being nominated for doing their job well. Beckmann noted that the Commission was receiving numerous letters of support for each nominee. Beckmann said that she would prefer one well-written nomination form signed by one person than letters of support. Shank will send another copy of the current nomination form to all members. Beckmann said she would like the nominating committee to meet before the January meeting and will then revise the form and present it to the Commission at the January meeting. Beckmann said that the selection committee suggested that at the next breakfast the chairperson would read a summary of the individuals accomplishments or the committee will write an abstract or summary for the chairperson to read. This would allow more time for the winner to speak and eliminate the speeches of the nominators. Beckmann brought up the date of the December meeting, after discussion it was decided to change the meeting to December 16th. Motion made by Fribley and seconded by Spooner. Motion passed unanimously. Shank will contact Retish with this information. REPORTS OF COMMISSIONERS: Rick Spooner: He would like to lift up the troops in Iraq and hoped that people will keep them in mind. He said that they are making the ultimate sacrifice and by that sacrifice it allows us to enjoy the freedoms we have. Keri Neblett: No report David Shorr:No report Cat Fribley: She wanted to bring up the new anti-violence project that has been formed because of the verbal and physical harassment of gay people in downtown Iowa City. The group has tried some direct actions formats and held dance parties and handed out leaflets to raise awareness of the dangers of downtown. She will do some training at the next meeting being held Tuesday, December 16th. Shank asked her if anyone had contacted Faith Wilmot or anyone from HARRT? Fribley said that the group had been trying to contact Wilmot but not 4 sure if she was still involved with HARRT. Fribley believes that the people being targeted are younger and more gender bending in some ways and are really not sure where they are with regard to their sexual identity. Shank said the Police Chief came and asked her about increased acts against gays and lesbians in town. Shank reported that she was only aware of two allegations. Fribley indicated that she would ask someone from the group to come to speak to the Commission. Beckmann would like an update at the next meeting. Valerie Garr:Garr announced that Cultural Diversity Day would be February 29th, 2004 from noon to five at the Field House. Beckmann would like this put on the agenda for December. Jim M¢Cue: He announced that the Iowa City Foreign Relations Council would be meeting on the 16th of December. An Iowa City Sudanese lawyer named Asma Taha is the keynote speaker. McCue indicated he would email registration forms to Shank and she can distribute them. McCue also suggested that the Mosque be contacted to find out whether someone would be interested in discussing his or her experiences in Iowa City. Beckmann said that she thought it would be interesting to hear about their experiences. Beckmann directed McCue to contact the Mosque to see if someone would be interested in attending a Commission meeting in either the January or February meeting. Billie Townsend: Townsend was concerned with the effect of the new legislation on Medicare. She said it would be interesting to see the results in years down the road and feels that Medicare will be eventually dismantled. Lisa Beckmann: She is concerned with the Michael Jackson fiasco and believes that the result of the case will do damage to child abuse issues and violence issues in general and that there will be no positive outcome. She further said that having people come forward will be more difficult because they will see that enough money makes abuse charges go away. Beckmann believes all the legal maneuvering distracts from the real issue, which is child abuse. 8. STATUS OF CASES: Shank reported that Team A, Spooner and Beckmann, had cases to read. 9. ADJOURNMENT MOTION: Motion made by Townsend to adjourn and seconded by Spooner at 8:45. FINAL/APPROVED POLICE CITIZENS REVIEW BOARD I~ MINUTES - December 9, 2003 CALL TO ORDER Chair Loren Horton called the meeting to order at 7:01 p.m. ATTENDANCE Board members present: Candy Barnhill (7:15 p.m.), Loren Horton, Greg Roth, John Stratton, and Roger Williams; Board members absent: None. Legal Counsel Catherine Pugh and Staff Kellie Tuttle present. Also in attendance was Capt. Matt Johnson of the ICPD, and Public, Kevin Halstead. CONSENT CALENDAR Motion by Stratton, seconded by Roth, to adopt the consent calendar. · Minutes of the meeting on 10/29/03 · ICPD General Order 99-07 (Traffic) · ICPD General Order 99-10 (Domestic Violence) · ICPD General Order 99-11 (Arrests) · ICPD General Order 99-12 (Field Interviews And "Pat-Down" Searches) · ICPD SOG 03-05 (Off-Duty Employment) · ICPD Quarterly/Summary Report- IAIR/PCRB, 2003 · ICPD Use of Force Report - October 2003 Motion carried, 4/0, Barnhill absent. NEW BUSINESS Horton introduced new Board member Roger Williams. OLD BUSINESS None. PUBLIC DISCUSSION Kevin Halstead asked Board members what their current occupations were. BOARD INFORMATION Horton responded to an e-mail received through the Clerk's office regarding the origin of the Board. Tuttle confirmed the procedure for future correspondence via e-mail, and the Chair would like to be contacted and will respond for the Board. STAFF INFORMATION Tuttle had been contacted by an individual who had questioned the status of her complaint. Staff noted there was no procedure to notify complainants when the Chief or the Board had requested and been granted an extension. The Board reviewed a draft form letter. Motion by Stratton, seconded by Roth, to accept the draft form letter and procedure to notify complainants when an extension has been granted to the Chief or the Board. Motion carried, 4/0, Barnhill absent. EXECUTIVE SESSION Motion by Barnhill, seconded by Stratton, to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or PCRB-Page 2 December 9, 2003 to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 7:20 P.M. REGULAR SESSION Returned to open session at 7:30 P.M. Motion by Bamhill, seconded by Roth to investigate PCRB Complaint #03-08, #03-09 and #03-10 at the level 8-8-7(B)(1)(a), on the record with no additional investigation. Motion carried, 5/0. MEETING SCHEDULE · January 13, 2004, 7:00 P.M., Lobby Conference Room · February 10, 2004, 7:00 P.M., Lobby Conference Room · March 9, 2004, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion by Williams, seconded by Stratton, to adjourn. Motion carried, 5/0. Meeting adjourned at 7:34 P.M. MINUTES PARKS AND RECREATION COMMISSION DECEMBER 10, 2003 MEMBERS PRESENT: Kevin Boyd, Craig Gustaveson, Judith Klink, Margaret Loomer, Nancy Ostrognai, Matt Pacha, A1 Stroh, Sarah Walz, John Westefeld STAFF PRESENT: Mike Moran, Terry Robinson, Terry Tmeblood FORMAL ACTION TAKEN Moved by Boyd~ seconded by Gustaveson~ to approve the November 12~ 2003 minutes as written. Unanimous. Moved by Gustaveson, seconded by Boyd~ to approve the Recreation Division Fees and Charges for FY05 and tentative proposals for FY06 and FY07 as proposed. Unanimous. Moved by Boyd~ seconded by Klink~ to establish the Waterworks Prairie Park Development and Waterworks Prairie Park to Foster Road Connector Trail projects as the commission's number one priority in view of strong enthusiastic public support, safety concerns, and grants received~ with the caveat that the commission will cease to prioritize the department's C.I.P. proiects until such time as a park and recreation master plan is completed. Moved by Klink, seconded bv Boyd~ to elect Matt Pacha as Chair and Craig Gustaveson as Vice Chair for 2004. Unanimous. FY05 RECREATION DIVISION FEES & CHARGES A listing of the Recreation Division's fees and charges proposed for FY2005 and tentative proposals for FY06 and FY07 was provided to the commission. Trueblood reported fee increases are proposed for FY05, most of which were identified last year as tentative. A number of fee increases have been bumped up more than tentatively proposed in view of the recent revenue report. The end result is that 38.56 percent of the Recreation Division's budget will be supported by non-property tax revenue. Trueblood stated in order to achieve the 40 percent self-imposed goal, fees would have be increased to generate an additional $33,000 or expenses would need to be reduced by $83,000. He noted there have been a few years when the Recreation Division non-property tax revenue was slightly lower than 40 percent. Tmeblood referred to the memo he sent to the City Manager regarding the FY03 revenue shortfall. Staff has been working to determine where and why revenue projections were short, and is in the process of amending its FY04 and FY05 budget requests and revenue estimates. Tmeblood noted the Recreation Division's FY03 expenditures are also down. He stated it is becoming more and more difficult to achieve the self-imposed goal as other expenses and competition continues to increase, making it difficult not to price the Recreation Division out of business. Pacha asked if there are any concerns regarding aquatic fees in light of area communities adding new leisure pools; staff acknowledged that this is a concern, and is one reason some of the fees were lowered last year. Moran stated that both North Liberty and Coralville are scheduled to open new swimming facilities next year. One advantage Iowa City has is City Park pool, which has an ambiance that people like. The hardest hit facility may be the Recreation Center. Moran noted the last activity brochure was not mailed out, and staff is monitoring class enrollments to determine the effect. Boyd suggested a reminder to citizens when Parks and Recreation Commission December 10, 2003 Page 2 of 5 the activity brochure becomes available; Moran stated last August reminders were included in the water bills, delivered to area schools and mailed to people in Recreation Division's database, as well as media notices. Pacha stated there is less concern about meeting the 40 percent self-imposed goal, noting that at one time the goal was 45 percent. Gustaveson indicated some City Council members have been impressed that staff has been able to achieve the 40 percent goal, especially when self-imposed and in light of things that have been happening city,vide. Stroh stated demographics change, along with the way people are entertained and the role of services that are beyond control. Moved by Gustaveson~ seconded by Boyd~ to approve the Recreation Division Fees and Charges for FY05 and tentative proposals for FY06 and FY07 as proposed. Unanimous. C.I.P. AND PRIORITIES A listing of the proposed capital improvement projects for FY04-08 was included in the packet. Trueblood noted that at a previous meeting the commission had discussed submitting only their top two or three priorities. Also included in the packet was a memo from John Yapp regarding the "missing link" in the 13- mile Iowa River Corridor Trail system - the proposed trail connecting Foster Road to the Waterworks Prairie Park property. A representative of the Bicyclists of Iowa City addressed the commission last month requesting that this project be funded. This link would give access to miles of trails on the north side and would address the current unsafe usage of North Dubuque between the Butler Bridge and Taft Speedway. Tmeblood noted this project was #8 on the commission's previous priority list. Pacha asked if staff felt any of the non-Prioritized projects should be bumped up. Trueblood referred to the Mercer Park bail field lighting project, noting the longer the project is delayed, the higher priority it will become. Klink asked for staffs thoughts about fronting a bond referendum during this time, noting the Recreation Center expansion project. Trueblood noted the School District's $39 million bond and the library's $18 million bond. He stated from staffs perspective at some point it will have to be decided whether or not to push for the leisure pool development project in view of everything going on in surrounding communities. Klink felt this decision should wait until after next summer to see what affect these other pools have. Pacha referred to the demographics as to how many leisure pools can be supported in a population area before they all suffer. Stroh noted the commission could concentrate on the trails and skate park projects and eliminate the leisure pool development project. He felt there didn't need to be three leisure pools, only one good one. Boyd stated the difference is that pools make revenue, but noted he would not support a referendum to build a leisure pool with three existing in surrounding communities. Klink noted the pools in Europe are open air and surrounded by green spaces. She suggested moving the fences at City Park pool back on all sides. Gustaveson agreed this was a good idea and suggested also incorporating picnic tables and umbrellas. Stroh stated a master plan would give the commission some guidance. The commission wants more than a land use development plan; it wants a vision. Tmeblood reported the master plan is not part of the City Manager's recommended budget, primarily due to funding cutbacks from the State. The City Manager cannot recommend any expenditures from any reserves until he knows what the State is going to do. Tmeblood noted if the commission felt strongly that the master plan be funded it will need to go before the City Council to convince them. Pacha stated he was in favor of drafting a letter and requesting time at a Parks and Recreation Commission December 10, 2003 Page 3 of 5 City Council meeting. Stroh felt prioritization is a failed exercise, and that a master plan is even more important during difficult times. The commission should focus more than ever on what the public wants and this is impossible without a master plan. Boyd felt the Waterworks Prairie Park and trail connection projects are needed; work has begun on them and they should be prioritized over others. He felt if the City Council chose to, they could fund these projects. Pacha agreed, and felt the commission should send this recommendation forth to the City Council with the caveat that the commission cannot continue to prioritize the department's C.I.P. projects in the absence ora master plan. Boyd noted the community support, volunteer efforts and grant funds received for the Waterworks Prairie Park development. Moved by Boyd~ seconded by Klink, to establish the Waterworks Prairie Park Development and Waterworks Prairie Park to Foster Road Connector Trail proiects as the commission's number one priority in view of strong enthusiastic public support~ safety concerns~ and grants received~ with the caveat that the commission will cease to prioritize the department's C.I.P. proiects until such time as a park and recreation master plan is completed. Unanimous. Walz felt it important to notify the BIC and other people who have a vested interest in these projects when this issue is placed on the City Council agenda. Pacha stated he would draft a letter to the City Council on behalf of the commission requesting time at a work session and/or formal meeting to discuss funding for the parks and recreation master plan. ELECTION OF OFFICERS FOR 2004 Stroh presented a slate of officers for 2004. Moved by Klink~ seconded by Boyd~ to elect Matt Pacha as Chair and Craig Gustaveson as Vice Chair for 2004. Unanimous. RECOGNITION OF OUTGOING MEMBER - AL STROH Tmeblood expressed gratitude to Stroh for his eight years of service on the commission and presented him with a Certificate of Appreciatiun. He noted staff appreciated his efforts, sense of humor and willingness to give his input on especially tough issues. Stroh indicated he enjoyed his time on the commission. He recognized the commission for its hard work, for taking its duties seriously and trying to do the right thing. COMMISSION TIME Klink noted she received complaints about dogs off-leash in Hickory Hill Park. Walz expressed appreciation to staff and Russ Bennett for their assistance with the prairie seed-planting event held this past weekend at Waterworks Prairie Park. It was a great success and she received a lot of e- mail from people who were happy to help and from others who wished they had been able to help. Klink noted the recent weather has been perfect for the seeds to flourish. Loomer expressed her appreciation to staff for having a neighborhood meeting to discuss how the neighborhood would like to develop Miller-Orchard Park. Stroh noted he did the math on the recent deer kill, which amounted to $500 per animal or $12 per pound. He stated the City could have donated T-bones to people and saved money. Parks and Recreation Commission December 10, 2003 Page 4 of 5 CHAIR'S REPORT Pacha expressed appreciation to Stroh for his insight on topics, especially during challenging situations, to Walz and Klink for their work on the Waterworks Prairie Park project, and to the comnUssion for their vote of confidence in electing him as Chair for 2004. Pacha reported the issue regarding the proposed tree ordinance change submitted by John Nolan may be on next month's agenda. The Commission needs to determine whether or not they support this change and forward its recommendation to the City Council. DIRECTOR'S REPORT Trueblood reported on the following: FY03 Revenue Shortfall He referred to the memo sent to the City Manager for details, but indicated staff is still working on it. He indicated to the commission that staff "dropped the ball" in some ways, acknowledging that the revenue picture was not monitored as closely as it should have been. Staff is reviewing the 28-E agreement with the School District for use of Mercer Pool to determine if the amount paid last year was sufficient. The fee was based on a square footage basis for utilities, which may not be the correct formula. Also, the low-income discounts may be getting out of hand. Staff will review the low-income policy and any recommended changes will be brought to the commission for action. Colleee Green Park Liffhtin~ A memo was included in the packet listing the expenditures for light repair. Project Green's original park design included cast aluminum/metal light poles, but were replaced with fiberglass posts due to costs. People frequently shake the poles, causing the filament and/or globe to break; replacement costs are quite high, and occur regularly. Cell Phone Towers There are 39 total cell phone towers in the Iowa City area; 14 inside the City limits, none on City property. A copy of the City Code regarding cell phone towers was distributed. Placement of a tower in a park requires a recommendation from the commission. Miller/Orchard Park Meeting Attendance was disappointing, but the meeting went well. A survey will be distributed to the neighborhood as to what they feel is important to include in the park. Another meeting will be held mid-January. Do*, Park Meetinff A 40-acre parcel of city-owned property near the landfill is being tentatively considered for a dog park. A meeting was held to allow area residents the opportunity to hear about plans and ask questions. While notices were sent to 31 residents, and newspaper coverage was quite good, only six people attended. All voiced concerns; none were in favor of the project. Parks and Recreation Commission December 10, 2003 Page 5 of 5 Sand Prairie Staff met with Amy Bouska and Karen Dawes, who head up the Sand Prairie organization. Another meeting is scheduled for next week and will include a specialist in prairie restoration. The Sand Prairie group may be willing to help pay for a management plan. Aquatics Supervisor Dirk Wilkins from New Mexico has been hired and will be starting mid-January. Ames Referendum A referendum for $23 million to construct a recreation facility in Ames, Iowa was defeated soundly; it needed 60% approval and only received 43%. ADJOURNMENT Moved by Stroh, seconded by Boyd~ to adiourn. Unanimous. The meeting adjourned at 6:40 p.m. MINUTES FINA~ IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, DECEMBER 15, 2003 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Brett Castillo, Terry Smith, Jim Pusack MEMBERS ABSENT: Saul Mekies, Kimberly Thrower STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Andy Matthews, Dale Helling OTHERS PRESENT: Phil Phillips, Rene Paine, Kara Logsden, Susan Rogusky, Jon Koebrick RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Logsden reported that the equipment bid for the Library's new video equipment will be completed soon. It is anticipated that the new equipment will be installed in April, 2004. Koebrick reported that 2 new channels are likely going to added to the digital tier. No channels will be lost. Shaffer said that the letter to Mediacom regarding the cable TV drop audit is nearly finished and waiting on a few items to fall into place. Shaffer reported that negotiations on a rate settlement agreement are continuing and a settlement is very close. Koebrick said that there is an agreement in principle and only a legal review is pending. Shaffer reported that some initial meetings regarding franchise renewal have been held with Koebrick and Randy Brown. At this point some of the options for the process and timeframes are being looked at. The Community Television Group had submitted a proposal to some of the annual pass-through allocation to the Senior Center for part-time staffing for the next three years. Rogusky said that funds have been cut from the Senior Center Television (SCTV) to cover other costs in the wake of the City's budget cutting. Smith said that the City's funding issues are year to year at this point. Smith said he has a concern making a three-three commitment to provide funds to SCTV given the number of variables that may come into play over the next few years. Castillo noted that it is likely that a new franchise will be in effect in February, 2006 and the three-year request overlaps that period. A 2 year or less period makes more sense. Pusack said that other access channels may have an emergency of some sort in a three-year period and it would be best to have some flexibility to determine the use of the pass-through funds at that time. Smith moved to approve $9,880 in pass- through funding for the Senior Center for FY 2005. Castillo seconded the motion, which passed unanimously. Smith noted that there has been a steady decline in the number of callers to InfoVision due, in part, to it being available to fewer viewers. Smith asked if there is a good utilization of channel 5 and noted that video on demand (VOD) is planned for the channel in the future. Smith asked if it had been a good choice obtain a separate channel for InfoVision and if it might best serve the community to return it to Mediacom for other programming needs. Hardy said that issue would best be asked next year after VOD service is operational. Smith said that the Commission should give the VOD plans and other projects a chance to develop, but in the long run the Commission needs to evaluate if channel 5 is being optimally utilized given that it rarely recieves more that 3 calls per hour. Smith also noted that the library channel plays virtually all replays. APPROVAL OF MINUTES Smith moved and Castillo seconded a motion to approve November 2003 meeting minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint log in the packet and noted that there were only 2 complaints. UNIVERSITY OF IOWA REPORT No representative was present. PATV REPORT Paine reported that PATV recently held a board/staff retreat. SENIOR CENTER REPORT Rogusky distributed the December Senior Center TV program guide. Elaine Beck, one of the two part- time staff has left. The work load will be assumed by the other staff member. Paine noted that Beck wrote an article in the Alliance for Community Media's publication. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT No representative was present. LEGAL REPORT Matthews said he had nothing new to report. LIBRARY REPORT Logsden reported that the equipment bid for the Library's new video equipment will be completed soon. It is anticipated that the new equipment will be installed in April, 2004. KIRKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported that the Community Television Service (CTS) will be taping the Iowa City Federation of Labor Awards program, which will include a talk by University of Iowa president David Skorton. The CTS also recently taped a legislative forum hosted by the Johnson County Task Force on Aging. The CTS will also be producing a public service announcement for the Rape Victim Advocacy Program on date rape drugs. The Media Unit recently cablecast a program live from the Senior Center on violence and bullying. A tour of the new waste water plant will be the subject of a future video. The water division series of programs continues to run. The current program deals with winter water issues. CABLE TV ADMiNISTRATOR REPORT Shaffer said he has been busy working on the negotiated rate settlement, which will be discussed later in the meeting. MEDIACOM REPORT Koebrick reported that 2 new channels are likely going to added to the digital tier. No channels will be lost. Mediacom may ask the city to waive the 30 public notice if negotiations proceed as quickly as anticipated. Because the additional channels and any channel movements will impact only digital customers, a scroll along the bottom of subscribers' televisions can be used to inform them of the changes. CABLE TV DROP AUDIT Shaffer said that the letter to Mediacom regarding the drop audit is nearly finished and waiting on a few items to fall into place. RATE SETTLEMENT AGREEMENT Shaffer reported that negotiations are continuing and a settlement is very close. Koebrick said that there is an agreement in principle and only a legal review is pending. Koebrick had hoped he would have final approval in time for this meeting. Charlie King, Mediacom's division vice-president wishes to extend a thanks to the City for working together in a spirit of cooperation. The Commission agreed to hold a special meeting to make a recommendation to the City Council on the rate settlement agreement on Friday, January 2, 2004 at 5:00 at the City Cable TV Office. FRANCHISE RENEWAL UPDATE Shaffer reported that some initial meetings with Koebrick and Randy Brown have been held. At this point some of the options for the process and timeframes are being looked at. Smith said the Commission may wish to appoint several members to participate in those discussions. Smith has participated in some of those discussions as they overlapped with the rate settlement agreement discussions. Smith and Castillo volunteered to participate on franchise renewal discussions. Smith moved to appoint Smith and Castillo to work on renewal issues. Castillo seconded the motion, which passed unanimously. COMMUNITY TELEVISION GROUP PROPOSAL The Community Television Group had submitted a proposal to allocat $9,880 of the pass-through fund to the Senior Center to fund parat-time staffing for the next three years. Rogusky said that funds have been cut from the Senior Center Television (SCTV) cover other costs in the wake of the City's budget cutting. Smith said that the City's funding issues are year to year at this point. Smith said he has a concern making a three-three commitment to provide funds to SCTV given the number of variables that may come into play over the next few years. Smith said he agrees in concept but it may be best to revisit this issue each year. In this year's budget the City took $100,000 from the City Cable TV Division budget. The Council may decide to do so again or even increase the amount. Rogusky said SCTV has always used part-time temporary employees and a three-year commitment of funds for the position is not necessary for staff recruitment or retention. Castillo noted that it is likely that a new franchise will be in effect in February, 2006 and the three-year request overlaps that period. A 2 year or less period makes more sense. Pusack said that other access channels may have an emergency of some sort in a three-year period and it would be best to have some flexibility to determine the use of the pass-through funds at that time. Pusack noted that the CTG proposal mentions SCTV seeking a stable funding source and asked what this might be. Rogusky said that she has discussed the possibility of getting funds through the refranchising process. Smith moved to approve $9,880 in pass- through funding for the Senior Center for FY 2005. Castillo seconded the motion, which passed unanimously. CABLE TV DIVISION THREE-YEAR REPORT Shaffer referred to the report in the meeting packet. The report shows several trends. The move to the new facility impacted productivity for a period of time. There has been a trend of less contact with the City itself, but an increase in contact with the community. There continues to be a large demand for CTS services. There has been an expansion in what InfoVision has been doing and the division web site. Smith noted that there has been a steady decline in the number of callers to InfoVision due, in part, to it being available to fewer viewers. Smith asked if there is a good utilization of channel 5 and noted that video on demand (VOD) is planned for the channel in the future. Smith asked if it had been a good choice obtain a separate channel for InfoVision and if it might best serve the community to return it to Mediacom for other programming needs. Hardy said that issue would best be asked next year after the VOD service is operational. Pusack noted that a VOD service will mean fewer opportunities for community members to access either InfoVision or the VOD service. Measuring the number of people accessing such a system may not be the best metric to apply. Hardy said the VOD service should be up and running within 60 days. Smith asked Koebrick what Mediacom might do if the Commission decided that it was willing to return a channel. Koebrick said that one idea being considered for other communities is a 24 hour local weather radar channel. This would be a different chanel from the Weather Channel. Coralville would likely desire to show their channel on the Iowa City system. Bringing back TBS on the basic tier would also be an option. Smith said that the Commission should give the VOD plans and other projects a chance to develop, but in the long mn the Commission needs to evaluate if channel 5 is being optimally utilized given that it rarely recieves more that 3 calls per hour. Smith aslo noted that the library channel plays virtually all replays. It doesn't seem like a good use of the community's resources. Logsden said the primary mission of the library channel is to preserve local history and many of the programs playing on the channel deal with local history. The survey conducted by the University of Iowa Social Science Institute showed the community wanted more programs on local history and the library is attempting to meet that need. Pusack noted that one goal for FY 04 is to re-establish the CTS Advisory Committee and asked if that has been accomplished. Hardy said the CTS guidelines are being modified and prepared for review by the Committee. Pusack said an Advisory Committee could be helpful in thinking about the future plans for channel 5 and VOD. Castillo asked if there are any plans to run VOD segments on multiple channels and not just channel 5. Hardy said that is an idea worth considering. Smith said a question for the Commission is if the community is best serviced by the number of chmmels dedicated to local access. The lack of a weather channel on the basic tier, for example, may be a consequence of the number of channels dedicated to local access. ADJOURNMENT Smith moved and Castillo seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:37 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, DECEMBER 17, 2003 - 1:30PM LOBBY CONFERENCE ROOM, CITY HALL Members Present: Ernie Lehman, Dee Vanderhoef, Ross Wilburn Members Absent: None Staff Present: Steve Atkins, Karin Franklin, Steve Nasby Others Present: Kevin Digman, Mike Hodge, Vanessa Miller CALL TO ORDER Chairperson Lehman called the meeting to order at 1:35 PM. CONSIDERATION OF THE DECEMBER 4, 2003 MINUTES MOTION: Wilburn moved to approve the minutes as submitted. Vanderhoef seconded the motion. The motion passed on a vote of 3-0. SET DATE FOR NEXT MEETING The committee members agreed to tentatively set January 15, 2004 as the date for the next meeting. DISCUSSION AND RECOMMENDATION ON TIF REQUEST FOR THE OLD CAPITOL MALL Staff reviewed the Tax Increment Financing (TIF) application from the OC Group, L.C., owners of the Old Capitol Town Center. Staff said the owners are planning a redevelopment of the facility that anticipates that the first floor will remain predominately as retail space and the second floor would be converted into office space. Staff said the owners are estimating an initial investment of $5.0 million. Site improvements will include improvements to the second floor; adding windows on the second floor; streetscape and other improvements to the building. The applicants provided architectural drawings of the proposed improvements and a listing of the costs. The TIF request from the owners is in the form of a 7-year, 100 percent property tax rebate, which will be applicable only to the improvements made to the property. This request is based on the Development Agreements the City has approved for the Sycamore Mall and Pepperwood Plaza. Staff noted that in order to receive the TIF tax rebates, OC Group, L.C. would have to meet occupancy requirements (leased space) and the minimum improvements must increase the assessed value of the property by at least 15 percent over the January 1, 2002 assessment, as this is the "base" or "frozen" value of the City-university TIF area. Wilburn asked the applicant if they plan to close off the second floor within the first year. Hodge responded that is the direction they want to go but they are still negotiating with potential tenants. However, after talking with the City and Building Department, they have determined the corridors and open spaces will stay pretty much the same in order to maintain the definition of a mall. He said they are concerned with maintaining the architectural integrity of the space, that Economic Development Committee Minutes December 17, 2003 Page 2 they want to keep the corridors open, and the office space will probably begin where the retail space is now. Digman stressed that the second floor would not be 100 percent office space, the theaters will be staying and there may be other retail located upstairs. Lehman said the TIF for this property is contingent on improvements and assessed value, regardless of the use of the property. Staff said the development agreement is envisioned to be for leaseable office or retail square footage and usually a design element is included. Lehman stressed that the agreement should not be so stringent that the applicant will have to return to the committee if they need to alter the usage (retail or office) of the space. Staff said the request is for 7-year, 100 percent TIF tax rebate based on the value of the improvements. Staff asked the ED committee to determine if they are in favor of this TIF tax rebate and if they have any parameters they wish to be placed on the request. Vanderhoef asked the applicant at what point in time do they anticipate that they will meet the increase in value (which must be at least 15 percent greater than the assessment). Hodge said they have their work cut out for them, they don't want to commit to any improvements until they have tenants secured and needs are determined. He said some changes would definitely be made by the summer of 2004, and hopefully more changes would be made within the following 24 months. Hodge said the first floor of the building needs to be different from the second floor. They want to get good tenants and supply and demand will determine who locates in the Mall. He said they need flexibility in order to succeed. Lehman said the applicant needs as much latitude as possible, but he would have a problem if the whole building were made into office space. Staff said this requirement would be included in the financial agreement, and the structure of the TIF would be similar to that made for the Sycamore Mall. The 7-year period would not begin until the majority of the improvements have been made, but the base value will be according to the 2002 assessed value and the developers\owners would be getting only a tax rebate on the value of the improvements that does not include appreciation on the existing structure. Lehman asked if the committee is conceptually agreeing on the proposed TIF application. Vanderhoef and Wilburn affirmed that they are in agreement. Staff said that they would contact the applicant and would put together an agreement that will then be sent to Council for approval. Vanderhoef suggested the item be placed on a council work session. MOTION: Wilburn moved to approve the TIF application from O C Group, L.C., contingent upon the parameters placed in the agreement. Vanderhoef seconded the motion. The motion passed on a vote of 3-0. ADJOURNMENT MOTION: Wilburn moved to adjourn the meeting. Vanderhoef seconded the motion. The motion passed on a vote of 3-0. data on citynt/pcdlminu[eslecodevledc12-17~)3.dc~ MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, DECEMBER 18, 2003 -6:30 PM LOBBY CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Jerry Anthony, Erin Barnes, John Death, Mark Edwards, Bill Greazel, Matthew Hayek, Jayne Sandier MEMBERS ABSENT: Lori Bears, Shellie Mackel STAFF PRESENT: Tracy Hightshoe, Steve Long OTHERS PRESENT: Walter Helms, Betty Norbeck, Mary McMurray, Gay Mikelson, Dottle Persson, Kathleen Renquist, Tom Werderitsch, Vanessa Miller, Karl Duff, James Thomas, Andrew Peterson, Christine Peterson, Dee Lundberg, Cdssy Canganelli Call To Order Chairperson Hayek called the meeting to order at 6:40PM. The Commission discussed altering the location and agenda to accommodate the large number of individuals present to comment on agenda item #4, Shelter House Land Acquisition. MOTION: Deeth moved to temporarily relocate the meeting location to Harvat Hall, City Hall; and to rearrange the agenda to address item #4 first. Greazel seconded the motion. The motion passed on a vote of 7-0. Shelter House Land Acquisition - Project Update Crissy Canganelli was present to update the Commission on the current progress made to identify a site for the proposed project. Canganelli said they had a meeting December 18, 2003 with City officials concerning the overflow shelter project. This is a temporary response, due to the current shelter overflow problem. The Consultation of Religious Communities is working on providing temporary shelter at rotating sites for homeless persons seeking shelter during the winter months when the Shelter House facility is full. Four churches volunteered to provide temporary space on a rotating schedule. Additional churches may also volunteer to host once they review their building for fire and safety codes. The churches are working with City' officials to ensure adherence to fire and safety codes. Canganelli provided an update to the Shelter House Project. She said the original construction site was unacceptable according to HUD regulations because it is located in the flood plain. The land around the site is also in the flood plain. They have been looking for other possible sites. The Airport Industrial Park area was a consideration, however they were told by the Airport Commission a shelter did not fit into the Industrial Park's project goals and would not be a good fit for this development. They are now working with City staff to determine if a City owned property could possibly work. Three possible sites have been reviewed with Staff, Shelter House's architect, and Shelter House board member, Dwight Dobberstein. It was determined that one site was too small and another would be cost prohibitive because of demolition and the environmental studies that would be necessary. The third site is well suited for the project. This site is in a commercial zone, and has a suitably sized lot the project. Canganell[ said the site currently provides storage space for public works, however the cost to move the storage items and find another space for these items has been included in the City FY05 budget. The next step is to work with the City Council and the process that is needed to make the land available for the Shelter House to purchase. Sandier asked about the time frame for this land acquisition. Cangaaelli said as soon as possible after City budget decisions are made. The budget is due to the state in March 2004. Housing and Community Development Commission Minutes December 18, 2003 Page 2 Tom Werderitsch, contractor and Shelter House Board member, added that he has attended City staff meetings and the Capital Improvements items on the budget are considered in January 2004. The process would include working with Staff and begin working on the resolution that would go through a public process, including Council action. He said that the majority of the Council is committed to working with the Shelter House to make land available for this project. Hayek questioned if Shelter House believes this is a good site for their project. Werdedtsch said this location is the easiest and most cost effective choice. He said there are not any significant environmental issues, plenty of space for parking, proximity to social services agencies, and is located on the Iowa City bus line. Canganelli said in response to a question from Sandier, that the cost for acquisition for this property is within the original proposal. She also said they would be working with the iowa City School District to address school boundary issues. Hayek said the Commission, in regards to the Shelter House Project, needs to address the Unsuccessful and Delayed Projects Policy. He said the policy does not allow for any deviation from the formal agreement deadline date, and asked if the Commission wishes to make a special exception for this project. The commission discussed the need for consistent rules but also noted the need for flexibility due to extenuating circumstances. MOTION: Anthony moved to extend the deadline to June 1, 2004 for Shelter House to enter into a formal agreement with the City. Edwards seconded the motion. The motion passed with a vote of 7-0. Hayek asked Canganelli about the feasibility study that was previously proposed. Canganelli said the study includes the preliminary project design and review but also goes into the capital campaign aspect of the project. She said they have planned meetings with individuals to do small group meetings and informational sessions that would be preliminary to the actual capital campaign. However, the consulting firm they are working with has stated that the securing of land is necessary to go forward in a concrete way. Canganelli said they plan to proceed with the study after the land acquisition is finalized. MOTION: Deeth moved to adjust the agenda and move to item 5, Development Code Rewrite Update. Anthony seconded the motion. The motion passed with a vote of 7-0. Development Code Rewrite Update - Karen Howard, Planner Karen Howard was present to update the Commission on the Development Code rewrite and how it wiJl affect affordable housing in Iowa City; she provided a power point presentation about the Development Code. Howard said the code has not been rewritten since 1983. Code rewrites are usually done approximately every 20 years. She said the code is about 400 pages long and little glitches in the code are fixed over time, but that can also trigger other problems. One goal of the rewrite is to bring the zoning code into compliance with the policies adopted with the City's Comprehensive Plan. Also, they want to identify any regulatory barriers, implement ways to bring development costs down, and to basically clean up the code and make it easier to read. They hired an outside consultant to assist in determining the shortcomings of the code. Concerning housing affordab[lity, the consultant has said Iowa City is not too bad with regard to how the development code is written. The code allows a diversity of housing types and lot sizes. Howard said that there are not any large regulatory barriers to affordable housing but the consultant has noted a few changes that can be made to encourage affordable housing. For instance, in the RS5-Zone, which is the most prevalent single family zone, other communities have allowed duplexes/attached housing on corner lots. Also, it was suggested that the RSS-Zone, medium-density-single family, be created into a primarily detached, small-lot-single-family zone that can be used in more areas around the City. Howard said the RSS-Zone is currently viewed as a duplex zone and tends to be developed as such. This change would Housing and Community Development Commission Minutes December 18, 2003 Page 3 make the RS8 zone more like the RS5-Zone but with smaller lots. The RS12-Zone would then be the high-density, single family zone and viewed as the zone that would allow the combination of duplexes, townhouses and single family. The consultant also suggested loosening the restrictions on accessory apartments. Howard said an issue they are currently working on is how to achieve affordable neighborhoods and still have the homes look attractive on smaller lots. The design and construction of the homes is key in making sustainable, compact neighborhoods that are livable for a long period of time. Howard said in response to a question from Sandier, that currently any existing narrow lots must be a part of a planned development. Hayek asked to what extent the planning department is looking for inclusionary zoning for Iow income housing in new housing developments. Howard said that Staff is looking into that issue. They are looking for ways to make the inclusion of Iow income housing in new housing developments advantageous to the developer. Hayek thanked Howard for attending and providing an update to the Code rewrite. Due to a meeting room scheduling conflict, the Commission continued the meeting in the Lobby Conference Room, City Hall. Approval of the November 20, 2003 Minutes Hayek noted the following change: Page 3, the motion was passed 8-1, with Hayek opposed. MOTION: Greazel moved to approve the minutes as corrected. Anthony seconded the motion. The motion passed 7-0. Public Comment of Items Not on the Aqenda There was none. Monitorinq Reports · Eagles Flight Inc. - Facility Rehabilitation (Greazel) Greazel reported that he visited the facility and all improvements have been completed and funds spent. Greazel noted a facility of this nature might be better located in a two-story building rather than utili:,ing basement space. Hightshoe noted that Eagles Flight had approached the Commission last year for operational/salary funding. The Commission had referred them to the Economic Development Committee. After review of CDBG rules for economic development projects it has been determined that a non-profit organization can't apply for operational funding through CDBG because it is considered a public service. A non-profit can apply for capital expenses. · 4C's Child Care-Facility Rehabilitation (Edwards) Edwards reported the new high-efficiency windows have all been installed. New carpet will be installed by December 28, 2003. All rooms in the building have been painted. 4C's staff and family members donated their labor to paint the facility. Edwards noted that 4C's might be approaching the Commission in the spring for funds for a lift/elevator. · Whispering Garden- Affordable Rental Units (Hayek) Hayek reported the City Council would be holding a public hearing, and vote, on January 6, 2004 for the amendment required for Burns & Burns to combine the Prairie Garden and Whispering Garden projects. Hayek said there has not been any public interest in the amendment thus far. · Shelter House- Property Acquisition (Anthony) Housing and Community Development Commission Minutes December 18, 2003 Page 4 Anthony reported an architect designed the proposed facility specifically for a shelter. It is an attractive two-story building. The land for the building is approximately 37,000 square feet and is located on Gilbert Court. They have applied for funding from the State Housing Trust Fund using the CDBG funds as a local match. · Emma Goldman Clinic- Facility Rehabilitation (Sandier) Sandier reported that no money has been spent, but the electrical work is scheduled to be completed by January 15, 2004. The door locks are on order and the flooring project will be completed by February 2004. A new exterior door will be installed in the spring of 2004. The security cameras are currently being installed. Sandier noted that Karen Kubby, Director, was very innovative in her approach to marketing bids from contractors. When requesting applications for bids, she included a space for the contractor to include a donation for work. All contractors that were solicited for bids included a donation. Sandier said this might be a suggestion that all funding recipients are encouraged to utilize. Old Business Unsuccessful or Delayed Projects Policy - Consider Amendment The Commission discussed the Unsuccessful or Delayed Projects Policy. It was agreed that the policy should be amended to allow for some flexibility when extraordinary circumstances exist, but it is important for the applicant to approach the Commission to present the situation. Hightshoe said Staff would provide a possible clause and forward to the Commission in the January packet. New Business HCDC Representation Regarding Community Development Block Grant (CDBG) Issues on the Council's Economic Development Committee - The Commission discussed the possibility of representation at the Council Economic Development Committee meetings. Hayek asked if it would be possible to obtain information concerning the agenda of the Economic Development Committee meetings. Hightshoe said she would inform the Commission members of any upcoming items on the Economic Development agenda that related to CDBG applications or issues. Hayek directed attention to a copy of a letter, which the Commission had agreed for him to send, to the City Council concerning scattered site housing. This letter asked if council members would include the Housing and Community Development Commission in any discussion concerning scattered site housing. Hayek noted this might require additional time and commitment from Commission members. Adiournment MOTION: Deeth moved to adjourn the meeting. Edwards seconded the motion. The motion passed with a vote of 7-0. The meeting was adjourned at 8:25 PM. Minutes respectfully submitted by Jennifer Sherlock. dale on cit ynl~pcd/min utes/h cdc/hcdc-12-18-03.doc MINUTES APPP,OVED PLANNING AND ZONING COMMISSION DECEMBER 18, 2003 EMMA J. HAP, VAT HALL MEMBERS PRESENT: Jerry Hansen, Ann Freerks, Ann Bovbjerg, Don Anciaux, Beth Koppes, Dean Shannon, Benjamin Chair STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Tom Williams RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, SUB 02-00026, a final plat of Kennedy Subdivision, a 40.16- acre, four-lot residential subdivision located west of Dane Road and South of Osage Street SW in Johnson County subject to Staff approval of construction plans and legal papers prior to Council consideration and subject to Staff's verification of the correct street name and plat name. Recommended approval, by a vote of 7-0, REZ03-00028, an application to rezone approximately 1.26- acres of property from Central Business Support zone (CB-5) to Public/Central Business Support zone (P/CB-5) for the east half of Block 102 except the 301 South Dubuque Street property. Recommended approval, by a vote of 7-0, VAC03-00004, an application to vacate the 184-square foot portion of the right-of-way located to the north of 425 Beldon Avenue subject to the conveying of 44- square feet of property for use as right-of-way at the intersection of Beldon Avenue and Grove Street. CALL TO QRDER: Bovbjerg called the meeting to order at 7:37 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 the current vacancies on the various City Boards and Commissions was posted in the outer lobby. The City would appreciate the input of its citizens who wished to volunteer to serve on a Board or Commission. DEVELOPMENT ITEM: SUB02-00026, discussion of an application submitted by Tom and Karen Williams for a final plat of Kennedy Subdivision, a 40.16-acre, four-lot residential subdivision located west of Dane Road and South of Osage Street in Johnson County. Miklo said the property was located within two miles of Iowa City so the State of Iowa allowed the City to review the subdivision. The preliminary plat had been approved a number of months ago but it had not been final platted. The property had since been sold and the new owner wished to final plat the properly. The preliminary plat, as previously approved by the City and the County, showed the property consisting of one existing house which would be considered one lot and three new lots as well as one large outlot set aside for open space or agricultural purposes. There would also be a new private chip-seal surface street which met the City's Urban Design requirements. Miklo said the plat was in order for approval and Staff recommended approval subject to Staff's approval of construction plans and legal papers prior to Council consideration. Public discussion was opened. Tom Williams, 4146 Dane Road and current owner of the property, asked for a clarification of the 45-day limit. Miklo said it meant that the Planning and Zoning Commission had 45 days from receipt of Mr. Planning and Zoning Commission Minutes December 18, 2003 Page 2 Williams' application to make a decision. Williams asked if any changes could be made at this point. He had previously made a request to his plat consultant and to his attorney that the street name be changed but was told it could not be. The proposed street name, Justin Court, was not to Williams' satisfaction. Miklo said to change the proposed name of the street might be a matter that would need to be taken up with the County. That change would not affect the design. For other applications, changes had been made between preliminary and final plattings on things such as street names so he didn't feel that City staff would object, but there might be some problem at the County level. Behr and Miklo said it would be permissible to the City for the street name to change between Commission approval and Council consideration. Williams asked if the development name could also change. Miklo said that would be more difficult. Williams said it had not passed Supervisor's approval yet. Miklo said the preliminary plat had received the Supervisor's approval. Miklo and Behr suggested to the Commissioners, if they so wished, they could approve the application subject to Staff verification of the correct street name and the correct plat name. City Staff would work with the County to see if the requested changes could be made. If they could not legally or with the County's approval be made, it would have to remain the same. Behr concurred with Miklo's recommendation. Public discussion was closed. Motion: Shannon made a motion to approve SUB 02-00026, a final plat of Kennedy Subdivision, a 40.16- acre, four-lot residential subdivision located west of Dane Road and South of Osage Street SW in Johnson County subject to Staff approval of construction plans and legal papers prior to Council consideration and subject to Staff's verification of the correct street name and plat name. Anciaux seconded the motion. The motion passed on a vote of 7-0. REZONING ITEM: REZ03-00028, a City-initiated application to rezone approximately 1.26-acres for property located south of Burlington Street, north of Court Street between Clinton and Dubuque Streets from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5). Miklo said the City had purchased this piece of property for the construction of the Court Street Transportation Center which would include an approximately 600-space parking facility, a bus terminal and a child care center in one building. The bus facility and the child care center would be leased from the City who would own the property. The City would operate the parking structure. The Zoning Ordinance specified that land owned or controlled by a government entity, including the Federal, State, local government or the school district be zoned "P", Public. A public zone does not have many of the same zoning requirements that other zones have, so the purpose of the "P" zone was to alert nearby property owners that the land was publicly owned and was for the most part was exempt from zoning. City Staff recommended that this property be zoned P/Gl3-5, the CB-5 was to accommodate the private uses that would be operated in the leased space in the structure. Anciaux received clarified that this would be a general use bus terminal and that there would not be another terminal located somewhere else within the City. Shannon asked if the CB-5 zoning was necessary in order to conduct a child-care type of business. Miklo said there were several zones that a child care center would be allowed in, but he was not sure about other options for a bus terminal. The surrounding properties to the west and to the east were also CB-5, so it made sense to keep the same designation. Bovbjerg asked how this compared with the special zoning designation that was given to the Tower Place building. Miklo said Tower Place had been a unique situation. The condominium units were actually owned by private entities. It was not a lease agreement. The zoning ordinance had been amended to allow public facilities in the downtown CB-10 zone. Hansen asked if this was a reverse spot zoning by not including the Mod-Pod property. Miklo said no because the adjacent properties were zoned CB-5. Freerks said the condition which required the private Planning and Zoning Commission Minutes December 18, 2003 Page 3 entities to meet the CB-5 zoning made a lot of sense and therefore to her it didn't seem like spot zoning. Miklo said a public zone was a special type of zone. The City's zoning map indicated a lot of "P" designations all over the City. Behr said there probably could not be a spot zoning argument made with a public designation, it was the nature of "P" Public zone. Shannon asked why the Mod-Pod building had not been rezoned. Miklo said the current proper~y owner had been unwilling to sell the property to the City, a decision had been made not to condemn that property in this particular case. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve REZ03-00028, a request for rezoning from Central Support, CB-5 zone, to Public, P/CB-5, for the east half of Block 102 except the 301 South Dubuque Street property. Koppes seconded the motion. Anciaux asked Staff to bring a copy of the plan to the next meeting that indicated where the privately owned busses would park. The motion passed on a vote of 7-0. VACATION ITEM: VAC03-0000,~, discussion of a City-initiated application to vacate a portion of Grove Street west of Beldon Avenue. Miklo said the property owner of 425 Beldon Avenue had brought it to the City's attention that part of the street pavement was on his private property. After reviewing alternatives, the City had their own survey done which revealed that part of the private property's landscaping was on City property. The proposed solution, agreed to by the owner of 425 Beldon Avenue, was to trade the corner where City pavement was on private property for the sliver of Grove Street where the private landscaping was on the City's property. There were no utilities located there, so there was no need for the City to retain the sliver of land. Miklo said Grove Street was substandard in terms of City's design standards - it was a fairly narrow street, it did not have curbs/gutters, it was not of concrete surface, did not have sidewalks and generally had a Iow amount of traffic on it. Some parking occurred on the street in terms of the University's practice field to the north. Staff felt it was in the City's best interest to vacate the property in order to allow the City to acquire the land needed for the public street. Freerks asked if at some later time the University developed the practice field, did Staff foresee that portion of Grove Street to be taken away or cause any type of problems. Miklo said if it was developed to any intensity, the City would probably want Grove Street improved and it would be likely they City would want any additional right-of-way to the north side adjacent to the University property. Given the street's sub-par condition, the City wouldn't want to see intensive development unless the street was improved. Public discussion was opened. There was none. Public discussion was closed. Motion: Koppes made a motion to approve the vacation of 184-square foot portion of the right-of-way located to the north of 425 Beldon Avenue subject to the conveying of 44-square feet of property for use as right-of-way at the intersection of Beldon Avenue and Grove Street. Freerks seconded the motion. The motion passed on a vote of 7-0. OTHER: Hansen, speaking on behalf of the Commissioners, gave recognition to Chairperson Ann Bovbjerg for her specialness as a person and as a volunteer for the Planning and Zoning Commission. Voicing the sentiments of the Commissioners, Hansen said, Bovbjerg had performed her duties with tenacity, perseverance, dignity, and had shown the Commissioners a lot of good things during her years of serving on the Commission. In recognition of her many years of dedicated service to the Planning and Zoning Commission, the Commissioners wished to purchase a tree, plant it and dedicate it in Bovbjerg's name in a City park of her choice. Planning and Zoning Commission Minutes December 18, 2003 Page 4 CONSIDERATION OF 12/04/03 MEETING MINUTES: Freerks made a motion to approve the 12/4/03 meeting minutes. Anciaux seconded the motion. The motion passed on a vote of 7-0. ADJOURNMENT: Freerks made a motion to adjourn the meeting at 8:07 pm. Koppes seconded the motion. The motion passed on a vote of 7-0. Jerry Hansen, Secretary Minutes submitted by Candy Barnhill deta on citynL/pcO/minutes/p&z/2003 12-18p&z~doc MINUTES FINAL IOWA CITY TELECOMMUNICATIONS COMMISSION FRIDAY, JANUARY 2, 2004 - 5:00 P.M. CiTY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Kimberly Thrower, Terry Smith, Jim Pusack, Brett Castillo MEMBERS ABSENT: Saul Mekies STAFF PRESENT: Drew Shaffer, Mike Brau, Dale Helling OTHERS PRESENT: RECOMMENDATIONS TO CITY COUNCIl, The Commission unanimously passed a resolut/on recommending to the City Council that the negotiated rate settlement agreement with Mediacom be adopted. RATE SETTLEMENT AGREEMENT Smith, who had worked with staff on the agreement provided a synopsis of the agreement. Mediacom raised their basic tier rate to $13.95 in August and the City contested that amount with Mediacom appealing the City's rate resolution to the Federal Communications Commission. In the past four months the City and Mediacom have been working on a rate agreement. The current offer of a rate of $11.75 is the third offer made by Mediacom and involves several issues. The funding for Public Access Television (PATV) is provided by Mediacom and passed through the rate base to subscribers. The agreement stipulated that PATV's annual payment will be amortized over seven years in the FCC rate form used to calculate the maximum permitted rate. The basic tier rate will be frozen through July, 2005. Pusack said he was concerned that the agreement stipulated that it will be implemented "as soon as possible" but did not specify a deadline. Thrower voiced the same concern. Smith said that it is Mediacom's intent to implement the new rate in the next billing cycle after approved by Council and pointed to a provision in the agreement that waives the required 30 day public notice of any rate change. Helling said that if Mediacom did not implement the new rate in the next billing cycle that they would need to show that there was no possible way to do so. Smith moved and Castillo seconded a motion to recommend to the City Council that the negotiated rate settlement agreement with Mediacom be adopted. The motion passed unanimously. ADJOURNMENT Smith moved and Castillo seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 5:15 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator RULES COMMITTEE MEETING MINUTES January 22, 2004 Committee Members Present: Champion, O'Do~nell Staff Members Present: Kart Historic Preservation Commission By-Law Change The Rules Committee recommends approval of the changes as revised and referred by City Council on 1/20/04, and outlined in the proposed changes attached to the minutes.