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HomeMy WebLinkAbout1997-11-11 Bd Comm minutesMINUTES IOWA CITY AIRPORT COMMISSION THURSDAY SEPTEMBER 11, 1997 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT= Howard Horan, John Penick Rick Mascari, Pat Foster STAFF PRESENT: Dennis Mitchell, Ron O'Neil, Andy Rocca CALL TO ORDER: Chairperson Foster called the meeting to order at 5:45 p.m. quorum was present. A APPROVAL OF MINUTES: The minutes of the August 21, 1997, meeting were approved after a grammar correction. AUTHORIZATION OF EXPENDITURES: Mascari made a motion to approve the bills. Penick seconded the motion. The motion was approved 4 - 0. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No comments were received. ITEMS FOR DISCUSSION/ACTION: a. ACSG project - Greg Bridger presented an update on the land acquisition project. One mobile home owner from the Terrace Hill court has been relocated early because of a hardship case. ACSG will use her mobile home as their office for the rest of the project. Bridger said he has a meeting scheduled for September 24th with the owners of the Ruppert parcel and he will start the process of acquiring that property. O'Neil said Dilkes will probably be on maternity leave about the time the Airport is making offers on some of the parcels. Dilkes suggested that some of the work be farmed out to an outside attorney. She is investigating that possibility. b. Airport Aircraft Emergency Plan.- O'Neil said Blum was working on this project. Andy Rocca, Iowa City Fire Chief, said he had reviewed and commented on the draft plan and urged the Commission to adopt a plan as soon as possible. He said he was interested in preparing some training exercises to test the plan. Horan questioned how communications would be coordinated ? Rocca said this could all be coordinated through the central dispatch. Mascari made a motion to adopt the Airport Aircraft Emergency Plan. Penick seconded the motion. During additional discussion, Penick said the plan needs to clarify how to contact airport personnel. Horan said the Commission's responsibilities should be spelled out better. O'Neil said he, or the Commissioners, could be used as an information resource at the command center in the case of an emergency. Horan said he had reservations about passing the plan without input from Blum. Blum has been working on this project. But since the plan is reviewed annually, changes could be made at the next review. Foster called for a vote on the motion. It passed 4 - 0, with Blum being absent. O'Neil said the Commission may want to consider budgeting money next year to send a fire fighter to an aircraft fire and rescue training conference. This can be discussed at the October budget meeting. c. North commercial area - O'Neil said he does not have any additional information from that discussed at the Commission/Council meeting on September 4th. He said he spoke with Steve Atkins and expressed concern about locating the hazardous waste drop off site and hazardous waste storage facility on the Airport property. There is also the liability involved with the installation of the City's fuel storage tanks. Mascari said the idea has been proposed to have the City install the infrastructure. He wanted to know if the Commission would be expected to pay for the infrastructure ? If the Commission has to pay for the infrastructure, they need to know what those costs would be. He also wanted to know who would maintain the infrastructure ? O'Neil said the Commission needs to develop a time line on when they want to send out an RFP. The decisions to include Public Works and/or the Science Center will have to be made before the RFP is sent out. The Commission had questions on if they would have to pay for the infrastructure if the City installs it and if the City is going to locate the Public Works in this area. Mascari and Blum will work with O'Neil to establishing a schedule for developing the North Commercial area. This will be on the agenda for the October 16th meeting. d. Southeast T-hangar building - O'Neil said a contract has been forwarded to Henningsen Construction. Don Sontag, from Henningsen, told O'Neil the building will take about 5 months to be delivered from the manufacturer. Henningsen will construct the footings and the floor and construct the building as soon as it is delivered. The building is to be completed as soon as possible, and no later than May 1, 1998. e. Ultra-light policy - Mascari presented information on how other airports handle the issue of ultra-lights. Most airports do not have a policy regulating ultra-lights. O'Neil will draft a policy for ultra-lights to include the concerns discussed by the Commission. This will be an agenda item at the next Commission meeting. f. Airport Terminal/shop renovation - The report on the Terminal Building will be ready by the October meeting. The report will address the structural integrity of the building, as well as cost estimates to upgrade the mechanical and electrical systems. O'Neil said he contacted a couple of pole building companies concerning the replacement of the shop building. It would cost' about the same to replace the 50' by 100' section of the building as it would to install new siding and roof on the old section. Several scenarios were discussed on how to replace the shop building and replace the space that will be lost when the United Hanger is removed from the RW 24 RPZ. O'Neil said the roof on the shop building will need replacement within a year. This will be discussed at the October Commission meeting. will be invited to participate in the discussion. ICFS g. Airport entrance sign - O'Neil presented information on the new City entrance signs that will be installed at several locations around Iowa City. One of the signs will be at Strugis Ferry Park across from the Airport. O'Neil said at the April meeting, the Commission decided to have a contest to design the sign. O'Neil said he needs some direction on how much to spend on advertising, structural design costs, who will judge the contest, etc. The Commission decided that instead of a contest, they will have a sign that will be similar to the "Welcome to Iowa City" signs. O'Neil will contact the company that is designing and building the City's signs and have some designs for the Commission at the next Commission meeting. h. Section 106 Review - National Historic Preservation Act - Horan said he contacted Scott Kugler, from the City's Planning Department, concerning how to start the planning process. Kugler said he didn't know how the start the review, but he will contact Horan when he has more information. O'Neil said he discussed this issue with the FAA Regional office. They suggested the Commission should begin the study. It is reimbursable through the AIP program. O'Neil will discuss this with Chuck Schmadeke for details on how to start the process. Public Works has experience with this type of study because of one of the'sewer projects. CHAIRPERSON'S REPORT: No items were presented. COMMISSION MEMBERS' REPORTS: Horan said he did some aerial photography and flew with the pilot that there was a complaint about several weeks ago. Horan said he thought he was a good pilot and followed proper procedures. Mascari asked about PAPI or VASI lights for RW 12/30. O'Neil said he discussed this with the FAA maintenance personnel and he said it would be a local cost to move the lights. The Master Plan calls for some type of light approach system on Runway 12/30. ADMINISTRATIVE REPORT: The Iowa Aviation Conference is in Ames on October 9th and 10th. O'Neil said if the Commission members can only go one day, he would suggest going on Thursday, the 9th. Steve Salvo, the Ames Airport manager, has invited the Commission to tour the newly remodeled terminal building at the Ames Airport. O'Neil said he will apply for State funds for a new UNICOM base unit. He said he thinks the problems have been fixed but a back up unit should be purchased. The State grant would be a 70/30 split. SET NEXT MEETING: The next regular meeting is'scheduled for October'16, 1997, at 5:45 p.m. ADJOURNMENT: The meeting adjourned at 7:45 p.m. ' P~s~r ' C a~irpers~~ MINUTES HISTORIC PRESERVATION COMMISSION TUESDAY, OCTOBER 14, 1997 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: MEMBERS ABSENT: PRELIMINARY Subject to ,l provai Ann Cairns, Frank Gersh, Betty Kelly, Ruedi Kuenzli, Doris Malkmus, Pam Michaud, Michael Pugh, John Shaw, Michaelanne Widness 'l Lars Anderson STAFF PRESENT: Scott Kugler, Traci Howard OTHERS PRESENT: Tom Carroll, Glenn Ehrstine, Vaughn Henderson, Steve Kanner, Sue Licht, Daissy Owen, Barbara Schwartz CALL TO ORDER: Shaw called the meeting to order without a quorum at 5:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. (Malkmus arrived at 5:36 p.m. to make quorum.) CERTIFICATE OF APPROPRIATENESS REVIEW: 520 Brown Street--Sue Licht, the project architect, said that she had modifications to the original application. She introduced the homeowner, Tom Carroll. Licht said that the proposal is for an addition on the back of the house facing north, and it will not be seen much from the street. She said that she has taken the east side and pulled it in another 16 inches on the revised plans to set the whole thing in and give a place for the overhang to end. She said that they have reduced the number of windows, but the overall effect should be the same. (Michaud arrived at 5:40 p.m.) Licht said that they are trying to find a salvage door. She showed a photo of a neighboring house that has a similar second floor porch window. Malkmus asked if there would be trim board instead of siding. Licht said yes, the trim board will be above the porch columns and a narrow siding (2 3/4 inch lap) will be down below. She said there are no corner boards on the house, making corner detail a difficult task. Malkmus asked what would be used for the deck surface. Licht said porch floor. (Kuenzli arrived at 5:42 p.m.) Shaw said that he and Cairns went to the property earlier in the day, and said that before plans were revised to slide back the addition, the interface between the new siding would be crucial. He suggested doing a careful job of toothing that in, especially where the new window is being put in and patched in and where the air conditioner is being taken out. Licht said the new kitchen window will fix where the greenhouse window was poorly patched. She said it is a simple addition and the neighboring houses are so tight and close together that people will not be able to see much from the street. Historic Preservation Commission Tuesday, October 14, 1997 Page 2 Kelly asked what the foundation under the porch was. Licht said posts, but people will not see it. Licht said the grade will be kept down far enough that this will only be one step, and it will not be easily seen. (Widness arrived at 6:45 p.m.) MOTION: Kelly moved to issue the certificate of appropriateness for the work at 520 Brown Street, considering Licht's announced changes, Pugh seconded the motion. The motion carried by a vote of 9-0. 200 South Summit Street--Steven Kanner, of 200 South Summit Street, said that there is already a ramp on the house, but the slope and size of the turnaround platforms do not meet ADA regulations. He said that they are asking for City rehab money. Kugler said that the proposal will have to be reviewed by the State, and the applicant is trying to put together plans that will be acceptable to both the Commission and the State. Kugler suggested the applicant take some pictures of existing ramps, and come to the Commission for guidance on the ramp to get things moving more quickly. He said the applicant will have to hire someone to put together finished plans before sending them to the State. Kanner said that they are willing to do what is necessary, and would like to go with the least expensive cost since they are using City and federal funds. He showed photos of the current structure at 200 South Summit Street, and two other ramps at 730 East College Street and at Trinity Church downtown. Kugler said both ramps would likely be acceptable to the State. Kugler told Kanner that even though the Commission might approve something, the state might require some changes or revisions to it. Kugler said he also suggested looking at the ramp at 24 North Van Buren Street, which is a wooden rail with vertical spindles and is painted to be compatible with the house. Shaw said that since Kanner's ramp rise goes higher than 30 inches, a metal rail would not be appropriate because a guard rail needs to be in place with spindles to keep the ramp enclosed. Kuenzli asked how high the ramp was. Kanner said 39 inches, and they would make the ramp longer because the slope would not be as steep so the ramp would have to come out farther and the platforms would be larger. Cairns suggested looking at the ramps at the dentist office on the corner of Market Street and Governor, and at the Friends Meeting House on the 300 block of Linn Street. She said she thought the metal ramps are often custom made and can be very expensive, where as the wooden rails might not be as expensive. Kelly asked if the ramp meets ADA requirements. Kanner said they are working with a contractor who is familiar with ADA regulations, the City and the Evert Conners Center to make sure the ramp complies. Cairns said it is a dilemma because it is a big structure and Kanner would have to find a way to make it "disappear." Shaw noted that the neighboring house faces the ramp, and it will be a major visual change for them. Kanner said that they will use part of the City grant they are applying for to put in a concrete path from the front sidewalk to the side ramp to allow people to come from the front on Summit Street. He said right now the only way to get to this ramp is to go to College Street to the alley and go behind the house and through the parking lot. Shaw asked how the people would get up from Summit Street because there is a considerable hill there. Kanner said that they will dig out some of the land, and put the path straight up or as a switchback. Shaw said that would really change the topography of the area. Kanner said they would grade out the land to slope gently to the walk. He said it is about a three foot rise and there is quite a bit of distance to go to the ramp, so it will not be a tremendous amount of digging. Historic Preservation Commission Tuesday, October 14, 1997 Page 3 Kugler said that the sidewalk is something that does not require a permit, so the Commission has no review of the issue. Shaw said he would like to see Kanner rethink the whole thing before they commit to doing something that would alter the existing the topography. Kanner said they have to find a way to get people up there in a reasonable manner, and it is near impossible to go all the way around. He said they would like to make the place accessible to everyone, and this would be the only way to bring them up from the front to the side ramp in the least expensive manner. Shaw noted that due to inclement weather, this path would be covered with ice and snow for a good portion of the year. Kanner said it is something they will have to keep clear. Shaw said he would like to discuss the issue further with Kanner later. Kugler suggested giving Kanner guidance and direction about the type of ramp they should build. Cairns asked if Kanner had thought of putting anything over the door to keep the weather off the ramp platform to keep it safer. Kanner said that it is a good idea, but they have limited funds and while it may be something they do in the future they are currently looking for the minimum investment that they can do now. Cairns said that if the overhang is a future possibility, they might want to draw it into the plans now and eventually build it rather than have to make a bunch of modifications when they are trying to build it later. Kanner said he does not see that happening in the near future. Kanner asked if the Commission could give preliminary approval of three of the suggested ramp styles, and if they meet those styles they can proceed with the grant process. Kugler said some of the funding on this project will be decided on October 30, and they will need to see a finished or close to finished product at that time. He said that the Commission could approve a direction that maybe he and Shaw could sign off on, or if the November meeting is rescheduled to November 4 the entire Commission could look at the plans. Cairns suggested that Kanner construct something that is wooden and painted with vertical spaced wooden spindles, and that provides at least four inches of space between the bottom rail and the ramp. There should also be a top rail. She said that would blend in well with their building. Kuenzli asked if there was a tenant currently using the ramp. Kanner said no, but they want to be accessible for a potential tenant that would need access. Shaw asked if changing the grade in the parking lot would be cost effective as bringing the concrete path from the front of the house through the property. Kanner said they could look at that, but they do want to come in off the front sidewalk instead of making people go all the way around. Kanner said the City alley- way is pretty steep, and he did not think they could do anything about that. Cairns noted that area is highly traveled and she would not want to go that route in a wheelchair. Kuenzli asked why they would want to have a person come up from Summit Street. Kanner explained the route a person in a wheelchair would have to take coming from downtown to the house going through the parking lot. Kuenzli said they could go to the house by taking Burlington Street. Kanner said it is the same thing, but it is a longer, extra wheel for that person without the front entrance to the house. Kuenzli said he did not_think there were curb treatments from Summit Street to College Street. Kanner said there are treatments on all four corners, although one gets clogged with dirt because the grade is not correct. Kanner said the plan is to work with City staff member Pam Barnes and a contractor to come up with a path that looks good. Shaw said that he would be willing to talk with Barnes about the path. MOTION: Cairns moved to make suggestions for a ramp a 200 South Summit Street, using aforementioned constructed ramps as guidelines. The ramp must be wooden, painted, have spindles rather than boards and at least four inches between the ramp and the bottom rail. Shaw and Kugler will issue a certificate of appropriateness for 200 South Historic Preservation Commission Tuesday, October 14, 1997 Page 4 Summit Street providing the ramp meets these conditions. Widness seconded the motion. The motion carried by a vote of 9-0. Kuenzli asked why Kanner would want to have handicapped access when the entire house is not accessible and it is not required of them. Kanner said that part of their goal is to offer diversity and below-market housing opportunities to anyone, including someone that would need handicapped access. He said that they would like to be proactive and have the ramp before they have a tenant that needs it instead of having a tenant that needs it and having to go through the planning and construction then. Shaw said it is a civil rights issue. Kuenzli suggested making 10-12 totally accessible houses for handicapped people instead of making a huge ramp for one person. Shaw said it would be nice to have a universal accessible design be put into the city's building code, but that is beyond their purview, and Kanner has the structure and needs the ramp for their use. Cairns said that people who use wheelchairs may want to live in an older house. 725 North Linn Street--Barbara Schwartz, of 725 North Linn Street, showed photos of different views of the house. She said the deck has to be replaced. The previous owner did not build a foundation under the kitchen extension and in the winter the room cannot be heated. She said the original notion was to build a foundation under the kitchen and have new heating ducts put in, and while she has things torn up she would like to do the porch renovations. She said the porch posts and chair rail will be turned to match the front. Shaw said the plans show that they are holding the south side of the porch short of the real corner of the south face of the house, and unless the porch is pulled out to the house corner she will have two different eave heights. Schwartz said correcting that is not a problem. Shaw said he would love to see the spindle work be picked up on the top and the corner on the gable end. He said that would give her more light. Schwartz said she is using the same contractor, Rick Thompson. She said that he is only going to turn the columns up to the chair rail, not all the way up to the roof except on the corners. Shaw suggested extending the porch to the true south face of the house and incorporate the spindles and the vertical beadwork. Malkmus said the porch floor does not go out to the house corner. Shaw said that it does, and that the plan is deceiving in that it show a bay window stepping out. Malkmus asked about bringing the other side of the porch in. Shaw said Schwartz could probably tuck the corner in. Cairns said the garage kind of extends over. Schwartz said she thought she might want another screen door and set of steps besides the one shown on the plans to go directly to the patio. Shaw asked if there was another rail on the lower level turning to the east. Schwartz said she just got the plans the day before, and assumes that is what is shown. Shaw said that it makes things difficult for the Commission because they only have two elevation drawings to look at and no plan. Schwartz said she has to start paying interest on a loan, and she is trying to get this project done this fall. She asked if there was something she could do to get the project approved between meetings so she would not have to wait until the middle of November to get approval. Malkmus said she would be more interested in setting up another meeting to look at the final plans than approving something with modifications and conditions. Kuenzli said that it seems that Schwartz's plans do not seem quite finished. Schwartz said she cannot get a permit to work on the foundation until the porch is approved. Malkmus said she would not be comfortable giving verbal conditions to the homeowner who would give them to the contractor. Pugh said that if the Commission is specific enough, they can make approval subject to any conditions. Historic Preservation Commission Tuesday, October 14, 1997 Page 5 Kugler suggested looking at the plans during the October 23 planning session. Schwartz said she would be out of town, but Thompson would be available. Malkmus said she did not understand what is going on with the sketches. Cairns said she would also like to see a plan view because she was not sure what was going to happen with the roof. Cairns said they would like the vertical bead board instead of the cedar siding. Shaw said they would like to see where Schwartz is going to put the additional door, stairs and railings that are not on the drawings. Shaw suggested Schwartz check her ceiling elevations on the inside because she might be meeting windows and might have to move up the entire roof line. Schwartz said it will be a cathedral ceiling with bead board on the inside. MOTION: Shaw moved to defer consideration of this item to October 23, and direct the applicant to address the following concerns: using vertical beaded mill work material on the gable-end rather than horizontal siding, pulling the south face of the new porch out in line with the actual south face of the house, and showing the door and stairs that are not shown on the current drawings. A plan view is also recommended. Malkmus seconded the motion. The motion carried by a vote of 9-0. (Malkmus and Shaw left the meeting at 6:35 p.m.) 416 South Summit Street--Vaughn Henderson, representing the homeowner, said Kugler's drawing maps out the purpose. He said the old foundation underneath the house will be replaced with reinforced concrete block. He said it will be done to three walls, the north wall on the back part and the east and south walls, and it juts out about three feet. He said that it will not be very visible from the street, and you will have to look hard to see it. Henderson said excavating has been done to get ready to replace the foundation. Cairns asked if they had a building permit. Henderson said it was required by city inspection, and he filled out an application for the repairs. He said next to the street, three feet of the foundation wall will show and on the east end of the house probably about five to six feet will show. Kugler said he and Shaw discussed issuing a certificate of No Material Effect, but the south wall will be visible. He said the rest of the house is clay tile foundation, and has been backplastered with a rough, stucco-type material. He said he and Shaw felt that the two walls visible from the street should be backplastered to match the rest of the foundation before a no material effect determination could be made. Pugh asked Henderson if he had checked into the cost differences. Henderson said no, and the owner would rather not do it but if he has to he would do it next summer, as the building permit would still be valid. He said they are trying to get the main structure done as soon as possible. Kugler said that the owner would be permitted to wait until next summer. Cairns said there would be no sense in doing the backplastering now because of the weather and colder temperatures. Pugh asked if it was a significant change between no plastering and backplastering to make a condition preceding appropriateness. Kelly said it should be backplastered at least on the two visible walls. Kugler said there have been a number of cases where both the Commission and the state have required bricks to be replaced over new walls to match a brick foundation, so there is precedent on requiring a similar surface treatment. Cairns said there are minimal plantings around the house, so the wall is very visible. Historic Preservation Commission Tuesday, October 14, 1997 Page 6 MOTION: Widness moved that the Commission issue a certificate of appropriateness for 416 South Summit Street on the condition that the exposed foundation be backplastered on the south and west walls to match the rest of the foundation. Kuenzli seconded the motion. The motion carried by a vote of 7-0. 2 Bella Vista Place - Kugler said that a new porch was previously approved, and he showed the approved drawing. He said the porch is currently under construction, and Daissy Owen, the property owner, would like to eliminate the floor extension in front of the steps. He said she would like the area to be fiat, but still have the roof projection over the steps to accentuate the upper roof line. He said she is concerned about future maintenance and the appearance of the projection. Kugler said the architect feels the extension is necessary to accentuate the roof projection. Kugler said there will still be steps and the stair rail coming out from underneath the roof. Cairns said it looks like there will still be a balance because the steps will still be there. She said there is a zoning problem because there is not enough room to put the footings underneath, and the porch corner is on the line that the City has stated the property owner cannot go past except with steps. Kugler said to require the extension, Owen would have to deconstruct and rebuild the porch, and Cairns said she would lose 1.5 feet of living space on the porch. Cairns said the footings are already in and the floorboards are already back-primed. Kelly asked where the porch supports went. Cairns said they go underneath. Kugler said the porch supports were never going to be under the projection; they are under the columns which are set back. Cairns said there are examples of many things people have done with their porches, that there is not just one way to construct one. Kugler said that Owens would rather not put in two of the engaged columns because they are mainly decorative. Owen said that they are not necessary for the structure and she would like to save these costs. Kugler said that Owen would like to access the porch from the south side, and the section in between two of the posts would be a gate. Kugler said it is one step down. Gersh asked if it would meet the code. Kugler said yes. MOTION: Gersh moved to accept the three changes as proposed and issue a certificate of appropriateness to 2 Bella Vista Place. Kuenzli seconded the motion. The motion carried by a vote of 7-0. DISCUSSION REGARDING THE POSSIBILITY OF HOLDING AND ANNUAL HISTORIC PRESERVATION-RELATED CELEBRATION: Glen Ehrstine, the coordinator for the 1997 Summit Street Historic Preservation Celebration, passed out a budget for their June celebration and some news articles written on the event. He said that he thinks there could be a lot more public awareness of historic preservation in Iowa City and he sees some community interest, but he is not sure how to fully tap into it. He said that he received a lot of positive feedback about the Summit Street celebration. He said that he envisions an annual traveling celebration to different historic districts in Iowa City, to cluster around a certain landmark, or hold the celebrations for two years in each district before moving on to another district. Cairns said that the Woodlawn district is targeted for a future historic preservation celebration, but she said there are mixed feelings between residents about such an event. Pugh said they Historic Preservation Commission Tuesday, October 14, 1997 Page 7 would welcome any help in making the community more aware of historic preservation, and would work with someone to help plan the a future event. Cairns asked if Ehrstine had contacted Friends of Historic Preservation about a possible celebration. Ehrstine said that he approached them about potential funding for the June celebration, but they said their mission is to preserve the built environment, so they did not give funds. Ehrstine said that if the Commission would undertake the event planning, local businesses with vested interests in historic preservation might be willing to donate funding or supplies for the event. Gersh said that architects, construction companies that do historic preservation work and realtors might be willing to help with the event. Ehrstine said that they took in $415 on the day of the event, and the other income generated came from member donations. Pugh said that a traveling event is a good idea. Cairns said it would spread the workload and the focus. Widness said that while last year's celebration worked great and was unique, she wondered what other occasions could be worked into that type of celebration where a lot of people would be drawn to think about preservation. She suggested taking the week when the Commission gives the annual awards, and making it "Celebrate Our History Week." Cairns said that if they did some research, some records or anniversaries could be found. Kuenzli said that many residents may not want to participate. He suggested having an event to celebrate the approval of the Longfellow Historic District by the City Council. When that occurs he said there was almost no interest in the College Green District from the beginning, and did not think that anyone would be willing to organize an event there. Michaud said she did not agree with that. Kuenzli said out of 46 landlords in the district, only four showed up at the meetings. He said he had very little support. Cairns said that district has a school with 45 children and energetic teachers that might be willing to focus a unit on local history, which could generate some interest. Michaud said that if there was music in the park, or a "Take Back the Park Festival" where people could bring a picnic lunch in late July or early August, there might be a better turnout. She said some attention should be drawn to the park as a historic place. Kuenzli said that he is willing to have a celebration to mark the approval of the College Green Historic District, but asked who would organize such an event and where the funds would come from. Ehrstine said that the event will not happen unless there is someone or a group of people willing to work and plan the event. He suggested rotating the responsibilities between Commission members. He said that he did not think people would need a special occasion to celebrate historic preservation. He suggested putting it on a city cultural event calendar and make it an annual event. Kuenzli said that it is difficult to get people to open up their homes to tours. Widness said that tours are given during the winter holidays. Kuenzli said in the Longfellow neighborhood, all the trees that mark the neighborhood boundaries are marked, and guides are available so people can take self-guided tours. Pugh said that is mentioned in the plan for Summit Street. Cairns said that she and some neighbors suggested the signs and guides for her neighborhood, but some neighbors were opposed to the idea. Michaud said that a compromise could be having a band in the park gazebo, and not use the carnival accessories. She thought that might cost under $1,000 and require much less orchestration that the Summit Street celebration. Ehrstine said that there needs to be some other pull besides the district homes to get people to attend the event. Kugler said that the Commission should discuss the idea at its upcoming annual planning meeting. Pugh suggested that each Commission member think about their individual willingness to organize such an event. Ehrstine said that his group would be happy to make the start for an event because he has had one year of experience with event planning. He said his neighbors are considering opening their brownstone apartment for tours. Historic Preservation Commission Tuesday, October 14, 1997 Page 8 DISCUSSION OF GRANT PROJECTS: Longfellow Neighborhood Survey, Phase II - Kugler said that there was a neighborhood meeting on October 1. He said that there were about a dozen attendees, and that the project, so the project is proceeding. Original Town Plat Survey, Phase II - Kugler said the Commission has to submit a revised scope of work and budget because they were only partially funded for that grant. He said they asked for $16,400 and received $10,000. He said there is a draft of the revised project in the packet, and he was trying to be open ended about the extent of the project. He said that if they can find a consultant to complete the whole area for the revised amount that would be ideal. Otherwise, they will have to reduce the number of properties to help offset the reduced grant funds. Kugler said he contacted Jan Nash to find out if she was still interested in serving as the project consultant. She said that she feels she is obligated to complete the project, but if the Commission decides to release her of the obligation she will not be too upset. Kugler said that if the Commission hires her, fewer properties will be surveyed and they would have to be picked up in the next phase of the survey. He suggested sending in the scope of work that does not specify what properties are going to be removed, and if properties need to be deleted they can pick the ones of the east side of the survey because they can be picked up in the next phase. Kugler said he will send and RFP out to consultants and review the bids that are submitted. Kelly said she was upset with the panel's comment that the consulting fees were too high. Kugler said Nash readily admits that she charges more than others, and the Commission knew that when they hired her. He said some consultants charge $30 per hour, and many bids coming in have been between $35-40 per hour. Kugler said that Molly Naumann is a little less than the average, and Nash is a little high. Kugler said the scope of work will be an attachment to the grant application. Kuenzli said the scope is fine because it leaves the work open. Kugler said it will not be known if anything needs to be pared out until they get the responses to the RFP back. Kuenzli said he feels that Nash is not terribly interested in completing the project. He said she may feel committed because when the Commission hired her, they indicated it would mean working through at least three stages. He said that they could see if Molly Naumann is free since she did Linn Street. Kugler said that she may not be free to work on the project. Pugh suggested that Kugler go ahead and send the scope of work in as drafted. Discussion of Upcoming December CLG Grant Application Deadline - Kugler said that the Commission needs to decide what project they want to apply for funds for, and needs a member to volunteer to write the grant. He said that if they were to apply for Phase 3, which is the Original Town Plat/Goosetown, both the Phase 2 and 3 would be wrapping up in the summer of 1999, and they could apply for the Phase 4 funding in the same year. He suggested applying for the Goosetown phase of the survey in December 1997, unless they would like Phase 2 to be wrapped up before they apply for Phase 3. Kelly asked if the Commission would be through with Longfellow. Kugler said that Phase 2 will wrap up next July. He said he did not think they would receive any funding for a national register nomination right now because the survey is not complete. He said Shaw thought the Commission might seek funding for a Conservation District, but Kugler did not think they could get funding for that through the CLG program. Kugler said that the Commission needed to come up with a name for the Phase 3 area. Cairns suggested the Original Town Plat Extension. Kugler said that the person writing the grant could develop a name for the area. He said writing the grant is not difficult, and he would provide two past grant applications as examples to look at. He said there are six or seven questions to respond to, at about half-a-page to a page each. Kugler said that the volunteer could give him Historic Preservation Commission Tuesday, October 14, 1997 Page 9 something handwritten and the City Document Services Department would develop a final product. He said it is due either December 14 or 15. Cairns said she would like to help do one, but she will not be in town during that time, and is not sure she would be able to do one alone. Kugler said she would just have to get a draft together for the November meeting and he would take it from there. Kelly said that Phase 3 is the only one to go for because they should not open another neighborhood up, and she would help Cairns with the grant application process. DISCUSSION OF RESCHEDULING THE OCTOBER PLANNING SESSION: Kugler passed out some information for the Commission's review before the planning session, including a copy of last year's planning session product, this year's annual report, a memo from Doug Russell outlining the things he thinks the Commission needs to consider in the next few years and some sections of the Preservation Plan. He said that the meeting is scheduled for 5:30 p.m. on October 23, 1997, which could conflict with Victor Dover's talk on neotreditional development at 7 p.m. in the Council Chambers. He suggested moving the meeting up to 5 p.m. Kugler said past planning meetings have usually lasted about two hours. He said it is time to take a look at what did not get accomplished from next year, and prioritizing what needs to get done last year. He said that last year the Commission developed subcommittees to look at different issues, and there has been some success with that method as long as members stay committed to it. Pugh and Cairns said they might be a little late, but would be there. Kugler said he would send out a revised agenda, and noted that the Commission would have the property at 725 North Linn Street to review which could take more time. REPORT OF ISSUANCE OF CERTIFICATES OF NO MATERIAL EFFECT: 1113 East College Street - Kugler said the owner came back with a revised plan that just included the deck and no stairs. Kugler said the permit was issued quite a while ago. He said that he could call them and see what type of wood they intend to use, and let them know what the Commission would like them to use. Gersh said the way it looks is fine unless it is made out of bare treated wood. Pugh said that since they have a building permit, the Commission cannot do anything to review it. Kelly said that she would have liked to see the deck instead of having Kugler and Shaw issue a certificate of no material effect. Kugler said Shaw thought they should handle it so the owner could get going on the project. Pugh said that they have to be sensitive to the property owner and their needs, so there needs to be a balance. He said the Commission already reviewed the basic project and had a chance to comment. He said he had no problem with issuing the certificate. Kugler said he would like to limit the use of that certificate to minor things. Kuenzli said that the Commission already saw and discussed the plans, and only complained about the stairway that jutted out from the house wall. He said that once the stairway was removed, he thought they had not problem with the deck. Cairns said except for the paint issues. 115 Wright Street - Kugler said they had some hail damage and are replacing some tiles on the clay-tiled roof. He said it required a permit, and they are proceeding with the replacement. UPDATE ON MONTGOMERY-BUTLER HOUSE: Kugler said that the City is working on negotiating a memorandum of agreement with the State Historical Society and the Army Corps of Engineers. He said it has been difficult because both groups are telling them to do different things, but he hopes that will be worked out within the next month. Cairns asked if it got renominated for the endangered building list. Kugler said that the City planning staff and director were concerned with the Commission nominating the building because they deal with State staff for all the permitting and grant money. Kugler said Colette Pogue recently agreed to nominate the building. Historic Preservation Commission Tuesday, October 14, 1997 Page 10 UPDATE ON PARK HOUSE HOTEL: Kugler said the City has issued a permit for stabilization work to begin. So the first deadline referenced in the Board of Appeals minutes has been taken care of and they are working toward meeting the second, which is to submit full rehabilitation plans in January. He said that the stabilization work will be tying the north and south walls, and they have the guidance and permit to do it. Kelly asked if anyone was bothered by the parapets. Cairns said the engineer did not mention them. Kugler said they have until November 1, 1997, to complete that work. DISCUSSION OF RESCHEDULING THE NOVEMBER MEETING: Kugler said November 11, 1997, is the next scheduled meeting, and that is Veteran's Day. He said he would rather reschedule the meeting. Commission members decided to move the meeting to November 10, 1997. CONSIDERATION OF MINUTES FROM THE SEPTEMBER 9, 1997, MEETING: Cairns said on page 1, in the last sentence of the 604 Iowa Avenue (Windrem House) paragraph, it should read, "... siding on top and stone on the bottom..." instead of "... brick on the top and stone on the bottom..." She said on page 2, in the last sentence of the second full paragraph, it should read, "Merker said he thought the stone added to the unity of the structure without trying to make it seem like a part of the original structure." MOTION: Kelly moved to approve the September 9, 1997, meeting minutes as amended. Cairns seconded the motion. The motion carried by a vote of 7-0. COMMISSION INFORMATION/DISCUSSION: Kugler said that the Rupert House on Benton Street will be demolished on Tuesday, October 21, 1997. He said that the building is not designated so there is no Commission review, and a demolition permit has been issued. Kugler added that he needs resumes with an addendum detailing historic preservation interest from the new members, or they need to fill out the biographical sketch form for the State office. Cairns said that since she is on the subcommittee that reviews properties before they come before the Commission, she would like some guidance on Commission standards because it is difficult to be consistent. Pugh said it is important to be consistent, but they are not design review. He suggested that Kugler add that item to the planning meeting agenda. ADJOURNMENT: Pugh adjourned the meeting at 8 p.m. Minutes submitted by Traci Howard. ppdadmin\mlns\hpc10-14.doc POLICE CITIZEN REVIEW BOARD OCTOBER 10, 1997 - 4:00 P.M. LOBBY CONFERENCE ROOM MINUTES CALL TO ORDER Temporary Chair Paul Hoffey called the meeting to order at 4:00 P.M. ATTENDANCE CONSENT CALENDAR All Board members were present: J. Watson, M. Raymond, P. Farrant, L. Cohen and P. Hoffey. Staff present: M. Karr and S. Bauer. Motion by M. Raymond and seconded by.P. Farrant for adoption of Consent Calendar of October 8, 1997. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNC1L None CONSIDER MOTION TO ADJOURN iNTO EXECUTIVE SESSION Motion by M. Raymond and seconded by L. Cohen to adjourn into Executive Session to avoid disclosure of specific law enforcement matters, such as current or proposed investigations, inspection or auditing techniques or schedules, which if disclosed would enable law violators to avoid detection; and 22.7(5) requiring peace officer's investigative reports be kept confidential. Regular meeting adjourned at 4:08 P.M. Regular meeting resumed at 5:58 P.M. OTHER BUSINESS M. Karr reported Council would like a formal introduction to all PCRB members at their meeting on Tuesday, December 16, 1997, 7:00 P.M. MEETING DATES Next meeting shall be held either October 22 from 4:00 to 6:00 P.M. or October 27 from 6:00 to 8:00 P.M., in the absence of temporary Chair Paul Hoffey. The next meeting of the full board is scheduled for November 6 from 4:00 to 6:00 P.M. with legal counsel present at such time. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by M. Raymond. Motion carried unanimously, 5/0, all members present. Meeting adjourned. MINUTES SENIOR CENTER COMMISSION MEETING WEDNESDAY, SEPTEMBER 24, 1997 SENIOR CENTER ASSEMBLY ROOM MEMBERS PRESENT: Bebe Ballantyne, Wilma Conner, Robert Kemp, Terri Miller, Kenneth Mobily, M. Kathryn Wallace, and Philip Zell MEMBERS ABSENT: Joanne Hora and Allan Monsanto STAFF PRESENT: Michelle Buhman, Linda Kopping, Susan Rogusky and Julie Seal GUESTS PRESENT: Charity Rowley CALL TO'ORDER: Wallace called the meeting to order at 3:00 p.m. MINUTES: The~ names identifying the members of the town meeting committee should be added. Motion: To approve minutes as amended, The motion carried on a vote of 7-0 ZelliMobily PUBLIC DISCUSSION: None. VOLUNTEER RECOGNITION - Ballantyne The event was both well attended and received. The Volunteer Recognition Committee was congratulated and thanked for doing an excellent job organizing the event. TOWN MEETING - Miller Philip Zell will chair the Town Meeting scheduled for Wednesday, October 22, from 3:30-5:00 p.m. City Manager Steve Arkins and Johnson County Board of Supervisors'member Charles Duffy plan to attend. All members of the City Council and Board of Supervisors have been invited. The meeting will be featured on the front page of the October Post and informational posters will be · displayed at the Center. A public service announcement will be released at the appropriate time. Participants who wish to make a statement at the meeting will be given a three minute time limit. The Council of Elders has been asked to provide a "gentle timekeeper" for the meeting. MINUTES SENIOR CENTER COMMISSION MEETING WEDNESDAY, SEPTEMBER 24, 1997 SENIOR CENTER UPDATE Operations ~ Kopping The HVAC bid from Quint Co. Inc. of Rock Island IL. was accepted by the City Council. Work is scheduled to begin on October 1 and should be completed no later than February 20, '1998. The fitness room floor is almost complete. It needs to be sanded and allowed to cure for a week prior to use. ,. Due to security concerns, room 202 will no longer be available for after-hour use, For safety reasons, a phone line is going to be installed in room G08. This will provide people using the room after hours with a phone to use in the event of an emergency. The phone will be connected as needed and set-up for local calls only. On Monday, September 29, the elevator will be out of service all day. During this time a back-up battery will be installed that will, in the event of a power failure, lower the elevator to a floor and open the door. Kopping met with Safety Training Specialist Jim Gulland, Assistant Finance Director Kevin O'Mally, and Fire Marshall Roger Jensen to discuss the Center's emergency action plan. Several recommendations were made. First, a sprinkler system needs to be installed on the first, mezzanine and second levels of the building. Cost estimates are being obtained. Second, hand held redlos are needed for staff use during an emergency. This would facilitate communication between floors as well as with emergency personnel. Estimates for the radios are also being obtained. Finally, an auto dialer, which will be connected to the fire alarm system and boiler, has been ordered. When an alarm sounds, the auto dialer will transmit a message to the appropriate emergency response team or person. Programs - Seal Events occurring in October were reviewed. Voluqteer- .Rogusky An update of volunteer programs and opportunities was given. MINUTES SENIOR CENTER COMMISSION MEETING WEDNESDAY, SEPTEMBER 24, 1997 COUNCIL OF ELDERS REPORT- Rowley An update from the Council of Elders was given'. COMMISSION VISITS City Council - Miller A report from the City Council meeting was given. ,? Board of Supervisors - Wallace COMMISSION DISCUSSION Commission Appointments Individuals with terms expiring at the end of this year are Allan Monsanto, Bob Kemp, and M. Kathryn Wallace. Wallace will be seeking reappointment from the Board of Supervisors at the end of this year. The two remaining appointments will be made by the Iowa City City Council on November 4, 1997. Bob Kemp has decided not to seek reappointment; Allan Monsanto was unavailable for comment. Kopping will'contact Monsanto to find out if he wishes to reapply. Senior Center Commission members will take action to identify individuals who might be interested in serving on the Commission. Motion: To adjourn. Motion was carried on a vote of 7-0. Zell/Kemp. The meeting was adjourn at 4:00. To · The Center's Advisory Council From' Alta M. Cook September 27, 1997 Having been in an educational setting for thirty-seven years, I realize fully that internal strife, threats, power-.,plays, excessive minutia, and ego enhancements within an organization can 'have damaging effects upon the spirit and overall accomplishments of the group. Unfortunately, I do not wish to become.part of the above scenario. My resignation, as a member of the (~nter's Advisory Council, is effective as of October 1, 1997. It is my contention that the role of the CAC at the Center, although it is the grassroots organization, is subservient to the frivolous contentions of some members of the 'Commission. This does not allow the CAC to be a working support organization, but only an arm of the Commission. Surely your goals, your visions, your priorities, as members of the CAC, should reach beyond being "time keepers" at a Co. mmission's town meeting. You are representing the needs, interests, and concerns of the seniors of Johnson County. It would appear that a positive working atmosphere for growth and unity relationships does not exist at this Center. I definitely feel, as members of the Council, with your expertise and diverse backgrounds much could have been accomplished this year. Good luck with your endeavors. ! C q',¢ 28 South Linn Street Iowa City, Iowa 52240 (319) 356-5220 To: From: CC: Be: Date: Memorandum Alta Cook, Chair, Council of Elders Linda Kopping, Senior Center Coordinator ~ Mary Kathryn Wallace, Chair, Senior Center Commission; Wilma Conner, Co-Chair Senior Center Commission; Terri Miller, Secretary, Senior Center Commission Susan Rogusky, Senior Center Volunteer Specialist Proposed Name Change for the Council of Elders 22 September 1997 In accordance with the wishes of the Executive Committee of the Senior Center Commissidn, I am writing to inform you of the concerns of the Commission regarding the recent name change voted on by the Council of Elders. When the-Commission was established in 1979, it was given authority to create and appoint advisory groups. One such group appointed by the Commission was the Council of Elders. It follows that if the Commission has the formal authority to create an organization, it would also have a deciding vote in matters related to the organization's name and purpose. Therefore, if the Council of Elders wishes to pursue the idea of changing the group's name, they must secure Senior Center Commission approval. Please consider that any change in the Council of EIder's name without Commission support or the extensive revision of by-laws and procedures that this change would require will have the following two consequences. 1. In essence, the Council of Elders will be establishing itself as a new group and severing its ad¥isory connection with the Commission. 2. Budget authority granted for FY98 would remain with the Council of Elders and not the newly created group. The Executive Committee also expressed concern over the fact that this very significant action was taken without input from Senior Center participants. This seems to be contrary to the Councils' identity as a grassroots organization devoted to ensuring that the Center is responsive to the needs and interests of Johnson County seniors. The Commission would welcome the opportunity to speak with representatives from the Council of Elders at its meeting Wednesday, 15 October 1997. If you are interested, please contact me (356-5225) and I will incorporate this item into the agenda. MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER MEMBERS PRESENT: Daniel Cilek, Denira Gadson, Sandy Kuhlmann, Jayne Moraski, David Purdy, Kathleen Renquist, Gretchen Schmuch, Bill Stewart, MEMBERS ABSENT: Rick House STAFF PRESENT: Maurice Head, Steve Long, Steve Nasby, Maggie Grosvenor, Traci Howard OTHERS PRESENT: Charlie Eastham CALL TO ORDER: Chairperson Schmuch called the meeting to order at 6:34 p.m. CONSIDERATION OF THE AUGUST 21, 1997, MEETING MINUTES: Stewart moved to approve the August 21, 1997, meeting minutes as submitted. Purdy seconded the motion. The motion carried by a vote of 7-0. CERTIFICATE PRESENTATION AND CHAIR ELECTION: Schmuch presented Eastham with a certificate from the City for his work and accomplishments while serving on the Commission. Stewart nominated Schmuch for the position of Commission Chair. Kuhlmann seconded the motion. The motion carried by a vote of 7-0. Renquist nominated Stewart for the position of Vice Chair. Purdy seconded the motion. The motion carried by a vote of 7-0. PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA: Eastham said that he would like to address funding options for River City Housing Collective, which applied for HOME funds last spring to purchase an additional house. The City Council did not approve the funds since the Collective primarily serves University students. Eastham suggested producing a proposal for the University to get them interested in creating collectives similar to the River City Housing Collective. He suggested the City and the University cooperate to provide a funding source for student and non- student collectives. For example, the City would provide funding for the portion of non- students in the collective, and the University would provide funding for the portion of students in the collective. He said that he suspected that the University would have the authority to use funds for that purpose. He noted that the River City Housing Collective got it's start in a University-owned building. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 2 Eastham suggested Commission members give staff some time to gather some suggestions or comments, meet with one or two Council members, or appoint an ad-hoc group to meet with University officials and see if they would be interested in this idea. Cilek asked how many houses the River City Housing Collective owned. Long said that they currently own two and lease one. Cilek asked where they get the money now. Long said from rent payments. Schmuch said the issue was the house that they are leasing is going back to the fraternity they leased it from, and they were asking for a replacement facility. Eastham said one thing he noted on their funding application is that the cash-flow from their operations is fairly good. (Gadson arrived at 6:45 p.m.) Stewart said that he thought the idea has some merit, and is worth looking into. Cilek asked if there were previous joint ventures between the City and the University. Head said none that are housing related, Stewart suggested that a staff member talk to Phil Jones to get some initial feedback and the appropriate chain of command for the issue. Moraski noted that it is done in other University communities, so it is a viable concept. Cilek said he thought it did not solve the core issue of the Council not funding students. Eastham said the Council vote on this issue was 4-3, and Council elections are coming up, so new members might feel differently about the issue. Head said that staff would explore some possibilities with University staff, and contact Phil Jones to discuss the issue with Commission members. Cilek suggested Eastham be a part of the search and planning process. Eastham said he would be happy to help. IOWA CITY HOUSING AUTHORITY UPDATE: Grosvenor said that in regard to occupancy, Section 8 certificates and vouchers are at 96% and public housing is at 97%. She said the Authority is waiting for grant notification for the 100 certificates and vouchers for persons with disabilities that they applied for. She said that the state office is caught up in office consolidation because the Assisted Housing portion of the Des Moines Public Housing Office will be phased out as early as December, so the Iowa City Authority will have to use HUD offices in other communities. She said that the office is closing due to the HUD reorganization plan, which reduces the · number of nation-wide HUD workers from 10,000 to 7,500. Therefore, there are not enough people to go through the grant applications and determine who will and will not receive the grants. Grosvenor said that Deb Briggs, the Authority's new Public Housing Coordinator, has started work and she developed the newsletter. She said that Heidi Wolf is the new Section 8 Housing Coordinator. She would like to bring them both to the next Commission meeting. Grosvenor said that they received notification of the ClAP Grant they applied for. The Iowa City Housing Authority received $324,000, which is the largest award in the state of Iowa. She said that money is for roofs, siding and some window and furnace replacements. She said that she expects that funding source to be totally eliminated next HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 3 year, and instead give a set amount of modernization funds to communities that apply based on a certain formula. She said that the Tenant to Ownership Program is up and running. Applications were sent out to all current public housing residents, and 22 applications were returned. She said they have done preliminary assessments of those applications based on income levels, debt loads and credit checks. The Authority selected nine people from the 22, and the next step is to narrow the group down to those who can secure their own private funding. Grosvenor said that in the Tenant Based Rental Assistance (TBRA) Program, 95 invitations to a September information meeting were sent out, and 20 people attended the meeting. Currently, 10 appointments are set. The TBRA requirement is linked to a family self- sufficiency requirement, so that could be why the original response level is lower than the Authority expected. DISCUSS CDBG/HOME ALLOCATION ISSUES: Head referred to the memo to Council regarding questions Council had regarding priorities for CDBG and HOME funding. He said that HCDC should review the questions numbered 1,4, 7, 8 tonight, and the remaining four questions at a future meeting. Nasby said that the first question deals with evaluating a project for the appropriate return levels for for-profit and for non-profit organizations. He said the return is generally based on risks, like vacancy rates, market forces, rents, the economy, future, etc. He said that local sources say a general return on investment is around 8-10%. He said the Commission should discuss if a non-profit's return should be different because of their different mission. Nasby handed out sample numbers to reflect some different funding scenarios. He said with Project ABC and XYZ, both have a public/private financing split [ABC's has a 51% private and 49% public, while XYZ's has 33% private and 66% public]. He said he tried to calculate a present value return to show what each organization is getting in today's dollars using the proformas and information the Commission would normally use during the funding process. The bottom section on the first page of both scenarios showed the total return on the public investment. He said with ABC, the public essentially invested $185,000 and got a $~41,211 return on their investment. The XYZ project return is larger because more public funds were invested and a property tax abatement was used. He said that he is not taking any loss of yield figures because the funds are public. The ending costs are the actual costs per unit. Cilek asked what rent reductions were. Nasby said that it is restricting rents to the HUD Fair Market Rent (FMR) standards, making a difference between the market rent rate and what is actually charged for the unit. He said the lower rent is a benefit to the tenant because public funds are subsidizing the capital expenditure instead of giving a tenant a Section 8 Certificate and sending them out to find a place. Cilek asked if there was a computer program that would allow staff to plug in numbers for every application. Nasby said that he is working on getting a software program to do that from the National Development Council. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 4 Head asked members how much of public subsidy they wanted in a project and if there should be a cap on the amount of subsidy per project, He asked if the project should be required to get private financing to cover the debt service. He said in the past, if the Commission had the money, they funded the project without really analyzing it to see how much public money was actually needed. Head said that as the Commission gets more funding requests, it may help to have a system to use. Stewart said that he would like to use it as a guideline and look at the individual benefits for each project instead of having a cap that cannot be raised or lowered even if the project merits more money than the cap allows. Stewart asked Nasby what the difference would have been if he had not adjusted for present value in ABC and XYZ. Nasby said that the numbers would be different but he had not done those calculations. He noted that the information takes into consideration at the end of the affordability term the owners sell the project and realize the proceeds. In response to a question, he said on ABC the return on the net sale was around $700,000, and XYZ had net sale proceeds of about $1.7 million. Nasby suggest looking at the return on the investment of public funds, setting goals or thresholds and giving points for the higher returns. That would not limit funding, but would relay the public investment back to the benefit. Stewart asked what happens when the owner sells the property after 20 years and gets a tremendous return. Head said more points could be given for a longer affordability period'. Moraski asked how operating expenditures are considered. Nasby said that he figured out rents, and gave each project 38% of effective gross income for operating expenses. Head said that he understands that members would like flexible guidelines and extending the affordability period as a way to ensure public money is well used. Head said in terms of interest rates, the Commission has been flexible in the past, and asked how they wanted to handle rates for this funding cycle. Nasby noted that only so much money is available for debt service, and he suggested adding an interest-only payment to preserve the principle plan, reducing their debt and keeping the City's money current. Stewart asked what would happen if the project did not qualify for normal lending or funding. Nasby said that the funds could fill gaps, but projects would still need to maximize private debt. Schmuch asked how that would work with a project like D&K. Nasby said since the City is not charging them any interest, they would have another $5,700 to use for private debt, which could leverage another $75,000 and the City gets the principal at the end. Renquist said that she is torn because she knows that f, ederal funds are dwindling, but she has trouble charging higher interest rates to people that cannot afford it. She said the purpose of these funds is to help people that cannot afford the normal financing options, and she does not want to be a bank. She said she wanted to keep the interest rates flexible at 0-3% and evaluate each project individually. She said she had a problem with one of the ranking criteria for the projects, specifically the one that addressed if the project could pay back a loan then they would get high points. Moraski asked how the Commission determined what interest rate to charge in the past. Schmuch said that last year the Commission was more strict than ever before, but it was fairly haphazard. She reminded the Commission that their purpose is to serve low and low HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 5 to moderate income people, and if funding is based on interest rates for loans, they will be cutting out a lot of people they are supposed to serve. Stewart said the key is meeting the housing need, and the rates should be determined on a case by case basis. Head said question number 7 deals with evaluating taxes and housing projects. He said that with project XYZ, $205,000 of property tax was forgiven over 20 years. He said that the Commission never takes a hard look at some of the projects getting tax exemption, which is also a subsidy. Schmuch asked if that was where the HOME match comes in. Head said yes. Renquist and Stewart said that it was important to find out those numbers. Schmuch asked about the other ways to meet the HOME match requirements. Nasby said reducing the interest rate, Federal Home loan bank money, Iowa Finance Authority money or donated labor and materials. He said that this year there is $76,000 for match carried over from FY97. The required ratio of match to each dollar spent is 25%. Head said that question number 8 deals with the type of lower cost rental housing projects that should be funded. He said that this issue came out of a project using funds to purchase existing single-family housing and changing the use to rental properties. The question is what is the appropriate funding type, or should the Commission look for projects that deal with new construction. Nasby said two of the CITY STEPS goals; providing single family units and providing affordable housing in Iowa City are canceled out because the single-family houses are transformed into rental units. He suggested setting some priorities or providing some direction to the applicants. Moraski said that sometimes renting a house is a good measure to see if a person is ready for homeownership. Schmuch said that most of the apartments she can think of are not built with families in mind. Head suggested that more points be given for new construction than for the purchase of existing housing. Kuhlmann said that that particular project purchased homes that were on the market for a longer amount of time, so they were picking up projects that needed more rehab than what a first-time owner would be able to handle. Head said that the remaining questions will be on the October HCDC agenda for the next meeting. Cilek asked if the City felt the Commission should go a certain direction on these issues. He said that he felt his job was to look at a project and use his gut reaction to determine if the project would benefit people and be worthwhile. Head said that during the last funding cycle, staff gave Commission members pros and cons for each project to give an overall, balanced approach to the decision making process without influencing their decisions. Head said that the HCDC response to Council's questions would be sent in a letter to the Council, before the next funding cycle. Nasby asked if members were interested in revisiting and adjusting the criteria ranking sheet. Schmuch, Kuhlmann, Renquist and Gadson volunteered to revisit the ranking sheet. ESTABLISH FY98 MONITORING SCHEDULE: Long handed out a list of the agencies that received CDBG and HOME funds, asked members to choose two or three members to monitor and report back to HCDC on the status of the project. He said he would make up a report schedule for the rest of the year HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 6 and distribute it a the next meeting. Here is a list of Commission members and the agencies they chose to monitor: Cilek - City of Iowa City Residential Backflow Program, Habitat for Humanity Gadson - United Action for Youth, Elderly Services Agency, Institute for Social and Economic Development House - Heartland Candleworks, Evert Connor Rights and Resources Center for Independent Living Kuhlmann - Crisis Center, East Central Iowa Employment and Training Consortium Moraski - Iowa City Housing Authority, Domestic Violence Intervention Program Purdy - Emergency Housing Project (2), Swenson and Associates, HACAP Renquist- Iowa City Fire Dept. and UI Burn Treatment Center, Community Corrections Improvement Association, Mid-Eastern Council on Chemical Abuse Schmuch - Greater Iowa City Housing Fellowship, Housing Rehab Stewart- Institute for Social and Economic Development, Small Business Development Center OLD BUSINESS: Head discussed the subcommittee activities from the Community Housing Forum. He said that the three subcommittees will meet together on October 23 to have a final review and comment session. He noted that two proposed recommendations will impact the Commission, and said he would like to get some feedback from the Commission to determine how much they would support each project. The first is the affordable housing funding pool, which is a funding pool that is structured so that projects can be evaluated on a year-round basis, not just during the funding cycle because some worthwhile projects have timely deadlines that do not fall in the cycle. This would take $250,000 of HOME funds, and match that with $150,000 of general funds. He noted the $250,000 comes from a pot of $552,000 of HOME funds and asked if that was too much money to take away. Head said the second recommendation deals with $50,000 of HOME funds for the downpayment assistance program. Cilek said that he wanted to evaluate all the projects at once to determine what is the best project. Renquist said the pool made the funding like a first-come, first-serve basis. Head said it would be more flexible to keep the money available during the year, and the Commission could evaluate the usefulness of the funding pool after the first year. Schmuch asked how much money was sitting in contingency. Head said there was about $95,000 in the contingency fund. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 7 Stewart suggested putting $100,000 in the pool, taking $60,000 out of contingency and $40,000 for HOME funds. Kuhlmann asked how often contingency funds were used in the past. Schmuch said she was aware of one grant that needed the money and got it from the contingency fund. Long said it is for emergency costs and overruns. Stewart asked of the downpayment program would apply like before. Head said yes, and that they received $45,000 in FY97. Head said that this would be a commitment that the Commission would support the downpayment assistance program in the future. Purdy asked if a person would be excluded from the funding pool if they received money during the regular funding process. Purdy asked about the bonds happening in Iowa City. Head said this was just an idea, and was going to meet with some people to determine the viability. Purdy asked how staff came up with a $400,000 figure in the Land Trust Program. Nasby said that there is a formula available in a more recent version of the report. Schmuch asked if a definition for a living wage had ever been given. Nasby said the state figured that out for Johnson County, and he would bring it to the next meeting. Head said that the working papers for the subcommittee would be consolidated. into one report. Renquist asked about decreasing the street width. Moraski asked if they had talked to the Fire Department about that issue because they needed them wide enough to get their trucks through. Head said the width reduction was suggested because pavement is one of the largest development costs, and Long said that narrower streets are often designed to reduce speed in certain areas. Moraski noted that on the lot width reduction, there is storm water flooding in the smaller lots on the south side of town. Purdy asked about the fast track through Planning and Zoning. Nasby said that Planning and Zoning deals with density, traffic, sensitive areas, parking and neighborhood concerns. Head that the fast track is to make sure that the City has all of the information necessary to complete the process timely. Nasby said that passing Planning and .Zoning is only for the final plat; the Planning and Zoning Commission will. review the preliminary plat, and State Code does not require the Planning and Zoning pass a final plat. He said they often do because the process allows for planning and zoning expertise and for citizen input, but it also takes a month longer. Head said bypassing the final plat approval would speed up the development process. NEW BUSINESS: Purdy asked how the Housing Market Analysis project was going. Head said the consultant has been in town for the last few days gathering data. He said that November 15 is the target completion date, but it should be done by the end of November or first of December. Schmuch said she talked with the consultant and suggested that he talk to some people from a user and service perspective rather than a property management and home builder perspective. Renquist asked if Commission members would be interested in changing meetings to Wednesday nights, another Thursday, or another night because the third Thursday is not HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 18, 1997 - 6:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PAGE 8 good for her. Long suggested everyone bring their calendars to the next meeting to discuss that. Renquist asked if there were statistics about the number of single-family units, the percentage of incomes in Johnson County, etc. Long said that he would bring some information to the next meeting. Long reminded members of the Fire Safety Fair at Forest View Mobile Home Park on October 11 from 12-2 p.m. He said that all Commission members will be receiving invitations. Long asked if members would like to take a guided tour of the facilities and agencies that are receiving funding. He said that the tour can be done during a regular meeting time or another time so members can see where the money is going. He suggested members bring days and times that will work for them to the next meeting. Stewart asked how the Heartland Candleworks audit was coming. Head said that it was going well, that all the information had been gathered and a report is expected in early November. He said that gives them a starting point, and a full audit will be done in March or April. Long said that Habitat for Humanity recently had a Blitz Build and the family is scheduled to move into the house on October 1. ADJOURNMENT: Purdy moved to adjourn the meeting. Kuhlmann seconded the motion. The motion carried by a vote of 7-0, and the meeting was adjourned at 8:27 p.m. Minutes submitted by Traci Howard. ppdcdbg\min$\hcdc9-18.doc Agenda item 3A MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, SEPTEMBER 25, 1997 - 5:00 PM Members Present: Members Absent: Staff Present: Others Present: CALl TO ORDFR: Stephen Greenleaf, Mary McMurray, Mark Martin, Lisa Parker, Jesse Singerman, Jim Swaim, Chuck Traw - Anne Spencer Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols, Bridget Quinn-Carey Julie Westby, Julia Venzke, UI Practicum students Singerman called the meeting to order at §:05 pm. PUBLIC DISCUSSION The practicum students were introduced to the Board. APPROVAL OF MINUTES: The minutes of the regular meeting of August 28, 1997 were approved unanimously after a motion. Parker/Greenleaf UNFINISHED BUSINESS Craig reported that plans for the kiosk are moving along. The reimbursement has been returned to ICPL from the State Library. Initial letters of inquiry have been sent to businesses in the east and southeast side of Iowa City. The letter states we hope to make a decision on location by December 1 with installation by February or March. We also have done a press release for the Chamber of Commerce newsletter and for the Library's Window, to broaden the scope of businesses who might be interested. At the last Board meeting when this project was introduced to the Board, a question was raised about Board involvment in the evaluation of responses. Craig expects that we'll spend most of October talking to people and evaluating offers in November. The Board will be updated at the October Board meeting. Traw reminded staff to include information regarding the inclusion or additon of a remote book drop. Swaim indicated interest in reviewing the responses. ICPL BOARD OF TRUSTEES September 25, 1997 PAGE 2 Agenda item 3A NEW BUSINESS FY99 Budget Development The purpose of this discussion is an initial review of items proposed for the FY99 budget. Craig gave an overview of the Budget in Brief. Staff members addressed several project sheets. Craig told the Board that she does not have the city's guidelines. The FY99 budget information will come out next week from the City. What was shared verbally with Craig is that Council has set up certain guidelines in expenses particularly in supplies and services. Instead of an increase over 98 budget figures, she expects a slight increase over FY97 spending. In the personnel line, the two biggest items are a part-time permanent employee in the Maintenance Department and a significant increase of about 14% in expenditures for temporary employees. Two thirds of that increase is to cover a raise in the wages of our hourly employees in order to remain competititive. There is also an increase in the overtime line to cover overtime for the additional Sundays requested. The services and charges include significant items like postage, utilities, maintenance contracts, printing, collection repair, We were able to reduce this amount 4% because we will not require the services of a building consultant. Building repair and maintenance accounts for approximately $70,000 of that budget item and the remainder is for a variety of contracts we have such as alarm, elevator, and routine types of re,,pai~s. capital expenses include some remodeling for the Circulation counter with book returns and the CAVS workspace. Furniture is needed for the Childrens Room and in the proposed ICN Room. This proposal includes 928,200 for technology and maintenance of the computers and equipment replacement funds. Staff suggests a 5% increase in library materials. This request is for a total of 93,245,283 which is a 5.56% increase over FY98. Special Projects (FY99 Budget) Hourly Personnel Budget - Bridget Quinn-Carey spoke about the 14% increase in the hourly budget in order to keep our hourly wage competitive. By FY99 we will be less competitive in our starting salaries. It leads to a problem in recruiting and retaining good quality workers. Some of the increase is to add hourly workers to some departments. This increase also covers the hours needed for the proposed additional Sundays. We will not be adding many new temporary positions. Even with this increase we will not be offering as high a starting salary as the City of Iowa City, for example. Maintenance Staff - Craig feels we should have asked for the position several years ago and have been holding off until we got a new building. We cannot wait any longer and we are trying to package something to enable us to have someone to empty book drops as well as cover the evening hours. We need someone in the building in the late afternoon and evening. This position would give us evening coverage and almost one half of their time could be spent emptying book drops. In response to a question, we would keep one hourly maintenance worker and maybe both in order to assure that the added book drops can be emptied. The three book drops to be added would include two outdoor and one indoor as part of the kiosk ICPL BOARD OF TRUSTEES September 25, 1997 PAGE 3 Agenda i tern 3A project; one on the East side of town and one on the West Side. it seems reasonable to ask for a maintenance position for the building with additional maintenance necessary to accommodate expanded sites. The Board asked Craig to reconfigure these responsibilities in order to have a half time maintenance person to cover the 'late afternoon and evening hours while the library is open and to shift responsibilities to accomodate the book drop maintenance to hourly pay staff. Materials budget Increase - We are asking for a 5% increase to the materials budget. This is a moderate request that allows us to hold the line. Publishing and paper costs have gone up. We can keep the number of items purchased at 27,000 allowing us to emphasize maintenance of the library collection by buying more duplicate or replacement copies. The Strategic Plan emphasizes the collection as our first priority. Sundays - Being open on Sundays is very popular with the public. This budget request, as did last year's, includes funding for all Sundays. New Equipment and Software - These requests are an attempt to meet FY99 Strategic Plan goals. One project is the addition of multimedia and web access in the Childrens Room. We are asking for new money for microcomputer Software to replace some of our major administrative programs. This amount is very close to what was spent in FY97. We are trying to save replacement fund for the library-wide main computer system. Book Returns - We have selected units that are built ~o sit out in all types of weather and are about the size of the large mailboxes at the Post Office. We need something with enough capacity to be emptied only once a day. A less expensive book return would be purchased to be inside at the site of the kiosk. This request is a new initiative mentioned by the public, City Council members, and Board members as a fairly inexpensive way to make return of library materials easier. Carpet - This request is similar to what we had in last year's budget except the carpet has one more year of wear. It is a safety issue since the seams are coming up causing tripping. The steps need to be redone for the 4th time. HVAC - This was in last year's budget also. The most frequent and emotional complaints from our users and the staff involve our inability to control the temperature. Interactive Meeting Room - FY99 is the last year that the State will help to fund ICN rooms. After that, to bring fiber optics to the building with all the equipment that goes along with it, would be a local expense. This is approximately a $175,000 contribution from the state. The Legislature has funded through FY99 and this is the window of time needed to get State funds. It is unfortunate that it has to be fit into this building. Staff suggest using space currently occupied by PATV. A State library staff person visited and confirmed that as a good location, with an outside wall, a door nearby and an equipment room. The most regrettable piece of this is the need to talk to PATV about terminating their lease. The good thing is that at this time PATV has more options available than they've ever had. The City cable operations are moving and have asked PATV to join them and some pass through money for a facility is available. ICPL BOARD OF TRUSTEES September 25, 1997 PAGE '4 Agenda item 3A Remodeling will be minor; including basic painting, minor wiring, and some special lighting. There are other ICN rooms in town but most of them are not available to the public. There are several sites in schools but they are becoming less and less a.v, ailable for general use. The public libraries are the component in this that will promote life long learning for citizens. An added benefit would be that when we weren't holding ICN sessions we could use the space for a 4th meeting room. Optional equipment was included in the proposal to make the most out of the capabilities. In terms of useage, although Black doesn't have statistics, she did say that it is not possible currently to book an ICN room in Iowa City. A revenue stream could be put in place although it would mean a change to a Board policy. Swaim stated that although he has strong feelings about our relationship with PATV he thinks that we have to take advantage of this window of opportunity. We are in this position because we have been unable to obtain a larger building. Craig said she has been open with the PATV Board President regarding their future here and if all went smoothly and this room was approved for our FY99 budget they could be in the space until July of 1998. The Board asked Black to gather more information. Automated System - This proposal has been seen before. The only change from last year is to include the cabling and electrical systems as part of this package. Timeline for computer conversion will be provided.for the next meeting. There is a possibility that we can write a grant to the Carver Foundation for up to 960,000 of the cost. Phone System - A proposal was included in the budget packet. Due to a large increase in the numbers of phone calls and the fact that we have no voice mail or voice attendant, our present system is overloaded, does not provide good customer service and has no room for growth. Automation could take care of many of the phone calls and allow Circulation staff to accomplish off desk tasks. This is another project that would have been included in a new building. Craig asked the board if they had questions. Were there projects they would choose to drop? Martin suggested some reconfiguration of the Maintenance person staff request. Board had some questions about the ICN Room which Black will respond too. Craig asked the Board how they wanted her to proceed once she received the City's guidelines. The Board was clear in their instructions to Craig. Ask for what you need. Hospice Road Race. Clark requested 9500 from the Board to help defray costs for Team ICPL. She stated that last year we had 2,5 participants who each raised 9100. We returned 9200 to the Board from last year's request. The Board approved the request unanimously. Greenleaf/McMurray. The Board was reminded of the ICN workshops for trustees. Roof/Shelving project. Roof replacement is on schedule. We are provided with weekly reports Shelving will be delivered in the next week or ,10 days. ICPL BOARD OF TRUSTEES September 25, 1997 PAGE 5 Agenda item 3A Intellectual Freedom Festival. There was a great event in our Meeting Room involving writers from other countries talking about censorship. Some Library staff have chosen excerpts from challenged books to read for the library channel 10 and the spots are being aired. Development Office report: Eckholt asked for RSVP's for the reception at the Que. It takes place from 4:30-6:30 pm. A Century of Stories by Lolly Eggers will be for sale and Lolly will be autographing books. Many former Board members will be coming. Eckholt reminded Trustees of the final event which will take place at Riverside Theater October 18 and 19. Tickets may be reserved at the box office. The new DonorPerfect software is on the way and the Development Office staff is excited. Next Friends Board meeting is October 22. PRESIDENT'S REPORT Since she is now a resident of University Heights, Margaret Cox can no longer serve on the Board and has resigned. We will give an official notice to the City Clerk and an opening will be advertised. Building Committee: Singerman reported on the most recent meeting with CenterSpace people. It was requested that the feasibility study be updated and the report on this is due back to the City early October. One of the issues they brought up 'was use of the JC Penney building. Craig will check on the engineering possibilities t6' find out if structurally it would be a possibility. City Council candidates forum: Several members of the Building Committee developed a couple of questions for City Council candidates. An upcoming candidate forum is to take place Tuesday September 30 sponsored by the League of Women Voters 7:-7:45pm district B candidates; 8-9pm At Large candidates. This will take place in the Council Chambers. Another forum will take place on Wedesday October 1, This is for Chamber of Commerce members only from 6:30-9:30 pm at the Best Western Westfield Inn. Singerman asked for volunteers to attend the forums. DISBURSEMENTS Disbursements for September 1997 were approved unanimously. Martin/Greenleaf Special budget meeting set for October 14 at 5:00 pm ADJOURNMENT: Adjourned at 7:00 pm unanimously. Greenleaf/Parker MINUTES .,, IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES SPECIAL MEETING TUESDAY, OCTOBER 14-, 1997 Members Present: Mary McMurray, Mark Martin, Lisa Parker, Jesse Singerman, Anne Spencer, Chuck Traw Members Absent: Steve Greenleaf, Jim Swaim Staff Present: Barbara Black, Maeve.Clark, Susan Craig, Larry Eckholt, Martha Lubaroff, Laura Morton, Liz Nichols, Bridget Quinn-Carey Others: Julie Westby, Practicum student CALL TO ORDER: President Singerman called the meeting to order at 5:05 pm A brochure for Community Reading Program was distributed. The first luncheon is scheduled for October 22, and is the Celebrity Book Talk featuring among others, our own Maeve Clark. Trustees were reminded to buy tickets to the Sunday performance of "Honor before Wealth", the final function in celebration of the Library's Centennial year. This is a joint project sponsored by ICPL and Riverside Theater. FY99 Budget Development Craig asked for questions regarding the memos included in the packet following up on questions about the ICN Meeting Room and a timeline for the computer system. Craig explained that ICN charges only occur when we are the origination site rather than a participatory site. Fees could be charged which would be a Board decision. It is difficult to project at this time what the use would be. Singerman questioned the useage. She thought Black's estimate seemed light. Black predicts that use will grow. At a meeting Black recently attended, she reported that use has been somewhat specific however as the room becomes available, the uses would grow. More people and groups who see the potential would use it. She gave examples of programs that could be broadcast and shared. For example, she listed a joint project done with the library and Johnson County Bar Assn as one; another she described was the November Book talk luncheons. She also felt that as businesses and other nonprofits became aware of its availability the use would continue to grow making resources available to many. Additionally as an extra meeting room she predicted it would be used 3 to 4 times a week. The phases of this project have been funded for three years and next year is the last year. Local schools have just brought up their room this year. In response to the consequences to PATV, Craig reported that Renee Paine, Director of PATV recently wrote a letter to the Press Citizen in which she described her appreciativeness of the fact that they have had space in the library facility as long as they have and understand library may need the space. Although there is concern about where they will be housed, the~e is no anger or acrimony towards the library. ICPL BOARD OF TRUSTEES OCTOBER 14, 1997 PAGE 2 There would be the hope that in a larger facility, they could rejoin us. The ICN equipment could be moved easily to a new building. We would have to pay to extend the fiber optic line. Nichols prepared a timetable for a new automated system. The hope would be to be up by December one year from now. She explained that most of the vendors have done many cutovers from one system to another and they are experienced in doing it quickly. She feels it is doable. There are three or four dominant vendors who share the marketplace. Singerman expressed concern about the tight timetable. Nichols explained that she had done this before, that a committee has been working for a long time on putting the paperwork together already and that the draft RFI is almost completed. Maintenance Position: At the direction of the Board, Craig reduced the 30 hour position to a 20 hour position. It would be an evening position and the emptying of the bookdrop would be an hourly responsibility. This change reduced the requestion by about 96,500. This was satisfactory to Board. Budget spreadsheet - The numbers under personnel show the additional Maintenance staff, increased hourly wages and hours for more Sundays. One way to make adjustments might be to cycle in the hourly wage increase over a period of two years. The Board was in agreement about asking for the personnel budget as prepared. Supplies were cut about 92,000 below the numbers we saw last time. This budget line is somewhat reduced from FY98. Craig said'it is in keeping with the spirit of what Council and Finance Director has asked people to do. Craig made cuts in the Services lines in keeping with the intent of guidelines we were given from the City. We have better figures for Internet costs. We've Saved money by using ICN for our internet provider. A cut was made in Building maintenance and repair. We had a considerable budget for this year due to major repairs to HVAC system, a new contract cleaning contract and some other repairs. If these are done in FY98 the smaller amount will get us through FY99 she hopes. In the event of a real emergency the City could be asked for additional funding. Another cut was in the telephone area. Craig used the City's projection and added the new Kiosk line. She removed 92300 for vehicle replacement. The van does not need replacement and the money to replace it is in the fund. That 8000s (services) show 10% lower than FY98 In the 9000's, Capital Improvements, Craig left everything in: Building improvements, HVAC, ICN Roqm, Computer System, furniture, book returns, etc. and a 5% increase in library materials. Capital projects were left as they were listed. A 5% increase overall in operating expenses is shown plus the capital projects. Of the capital projects, the computer system has accumulated over half of its expense in a replacement fund. Some will come out of operating capital projects; how much depends on how successful we'll be in writing a grant. City has known about the carpet and HVAC. ICN, phone system are new. ? ICPL BOARD OF TRUSTEES OCTOBER 14, 1997 PAGE 3 If Board does not direct Craig to make further changes, we will begin to enter them into City forms. At the October meeting Board will then approve the final version. It will be distributed at the Board meeting; they will not be ready to be mailed with the packet. Although there may be some minor changes, the bottom line and intent will be based on what you see before you. Singerman asked for any further questions or concerns. A motion isn't necessary at this point in time. A vote will be called for at the regular October meeting. A motion for adjournment was made and passed unanimously at 5:40 pm. Martin/Parker Minutes submitted by Martha Lubaroff. MINUTES IOWA CITY BOARD OF ADJUSTMENT OCTOBER 8, 1997---4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt, Bill Haigh None. Melody Rockwell, Sarah Holecek, John Yapp, Traci Howard John R. Rummelhart, Ralph Neuzil, Maxine Simmons, Dennis Keitel, John Streit, Kirsten Frey, Stewart Eely, Daniel J. Glasgow, Mike Hodge, Ken Prymex CALL TO ORDER: Chairperson Eckhardt called the meeting to order at 5:33 p.m. ROLL CALL: All Board members were present for the roll call. CONSIDERATION OF THE SEPTEMBER 10, 1997, BOARD MINUTES: MOTION: Bender moved to approve the September 10, 1997, Board minutes. Brandt seconded the motion. The motion carried by a vote. of 5-0. SPECIAL EXCEPTION ITEMS: EXC97-0003. Public hearing on a request submitted by John R. Rummelhart, Jr., for a six-month extension of a March 12, 1997, Board decision that permitted an auto and truck-oriented use, a muffler shop, to be established for property located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive. Yapp said on March 12, 1997, the Board of Adjustment approved a special exception to permit an auto and truck-oriented use, specifically an eight-bay muffler and brake shop, in the CC-2 zone at 1410 Waterfront Drive subject to 1) the outer walls of the structure being constructed predominately of brick, 2) evergreen shrubs spaced no more than four feet apart on center, being planted to screen the parking area at the north end of the site, 3) no vehicular access being provided between the north and south portions of Waterfront Drive, and 4) a six-inch (.6") curb being incorporated into the paved area at the southern end of the site to prevent vehicular access from this site to any properties to the south. In a letter dated September 19, 1997, John R. Rummelhart, Jr., requested a six month extension of the Board's decision. In the letter Rummelhart stated that digging on the site and associated temporary construction easements over the property for City sanitary sewer construction have delayed the beginning of construction of the muffler and brake shop approved for this property. He said staff has met with the contract purchasers, who 760 Iowa City Board of Adjustment October 8, 1997 Page 2 will implement the construction of a muffler and brake shop. He said he believes implementation of the plan will come soon. Yapp said staff recommends that the expiration date for EXC97-0003, a special exception approved by the Board of Adjustment on March 12, 1997, to permit an auto and truck- oriented use, a muffler and brake shop, to be established on property located in the Community Commercial CC-2 zone at 1410 Waterfront Drive, be extended to March 24,. 1998. Public hearing opened. John Rummelhart, Jr. said that they are close to putting the puzzle pieces together, and he thinks the street will be vacated by the City in the near future. He said that things should be put together within the next month or so. Public hearing closed. MOTION: Corcoran moved to extend the expiration date for EXC97-0003, a special exception approved by the Board of Adjustment on March 12, 1997, to permit an auto and truck-oriented use, a muffler and brake shop, on property located in the CC-2 zone located at 1410 Waterfront Drive, to March 24, 1998. Bender seconded the motion. The motion carried by a vote of 5-0. EXC97-0022. Public hearing on an application submitted by Moose Lodge #1096, on behalf of property owner AI Streb, for a special exception to permit a club to be established in the Medium Density Multi-Family Residehtial (RM-20) zone at 4575 Highway 6 East. Rockwell said the applicant originally applied for a special exception to permit a club in an RR-1 zone, because a portion of this property is located in the RR-1 zone in the City. She noted that the south portion of the site is located in the county in the A1, Agricultural zone. She said as staff evaluated this application, it became clear that having the property split between the county and the city created difficult legal questions. She said staff recommended that the applicant apply for an annexation of the county portion of the property, and a rezoning of the entire property to a Medium Density Multi-Family Residential (RM-20). She said the property directly adjacent and to the west is also zoned RM-20. The applicant has applied for the annexation and rezoning as recommended, and now asks that the Board consider approving a special exception to allow the Moose Lodge to be established on property to be zoned RM-20 at 4575 Highway 6 SE. Rockwell said a club, such as the Moose Lodge, is permitted in the RR-1 zone by special exception, but it must comply with additional regulations that are set forth for clubs in Article L of the Zoning Chapter, involving access and dimensional requirements. Rockwell said to enhance the compatibility of the Moose Lodge in an area that is anticipated will develop residentially in the future, staff recommends that the additional regulations that apply for the current RR-1 zoning also apply to the site under the proposed RM-20 zone. She said the site plan for the proposed Moose Lodge shows that the additional regulations concerning access and dimensional requirements can be met on the five acre site. Iowa City Board of Adjustment October 8, 1997 Page 3 Rockwell said concerning the general standards for granting a special exception, staff feels the Moose Lodge will serve the public welfare by providing a family-oriented club with outdoor playing fields in this area of the community and this should prove to be in the public interest. In terms of public safety and the means of vehicular access to the property, she said staff has concerns about the design and. length of the common access drive off Highway 6. Given the type of events that the Moose Lodge sponsors on an almost daily basis, and the amount of vehicular traffic entering and exiting the site at the beginning and ending times of those events, there are likely to be long lines of vehicles queuing up. In this regard, Rockwell said staff finds that the current curvilinear access drive design is unacceptable. She said at a minimum, the common access drive should be brought as far south as possible within the access easement, with the private access drive to the Moose Lodge parking area teeing perpendicularly into the common access drive. A stop sign should be placed on the Moose Lodge property so that exiting traffic will queue up on the Moose Lodge property instead of within and across the common access drive. She said situating the Moose Lodge on a five-acre site in a developing area allows for sufficient on-site parking, and will alleviate the current situation of spillover parking that is occurring at its existing facility on Dover Street in Iowa City. Rockwell noted, however, that staff views the amount of proposed parking as somewhat excessive and recommends that the Moose Lodge be permitted to install up to 110% of the required parking initially (105 parking spaces); and redesign the parking area to landbank up to 49 parking spaces until the applicant is able to demonstrate that the additional parking is needed. She said this condition is intended to minimize unnecessary paving in a residential area. Rockwell said staff has discussed the importance of downcast lighting within the parking area and for the outdoor sports fields. She noted that evergreen screening is shown along the east and west lot lines adjacent to the parking areas. She said as residential development occurs east, south and west of the property, evergreen screening should be provided as a sound buffer and lighting screen around the playing fields as well. Rockwell said a number of the requirements can be handled through the annexation and rezoning process, as part of the conditional zoning agreement, such as highway access, sanitary sewers, stormwater management and meeting the regulations of the Sensitive Areas Ordinance. Rockwell said staff recommends that EXC97-0022, a special exception to permit a club to be established in an RM-20 zone at 4575 Highway 6 SE be approved, subject to the following conditions: 1) The common access drive will be redesigned to improve traffic safety; at a minimum the common access drive shall be brought as far south as possible within the access easement, with the private access drive to the Moose Lodge parking area teeing perpendicularly into the common access drive, and a stop sign being placed on the Moose Lodge property for exiting vehicular traffic, 2) The applicant will be permitted to install up to 105 parking spaces initially on the site, and up to 49 parking spaces may be landbanked with the Iowa City Board of Adjustment October 8, 1997 Page 4 provision that these 49 landbanked spaces can be converted to parking spaces upon approval by the Director of Planning and Community Development if the applicant, after a period of at least six months from the date of occupancy of the building, clearly demonstrates a need for the additional parking, 3) The applicant will provide downcast lighting to be approved by the City with attention to preventing glare on neighboring properties, 4) The applicant will provide evergreen screening along the side and rear lot lines; the parking area screening shown on the site plan adjacent to the parking areas shall be planted prior to the issuance of the occupancy permit for the Moose Lodge building, and the applicant shall submit a planting plan and planting schedule to phase in the remaining evergreen screening within two years of the Board's decision on this case, 5) The applicant will receive the necessary approvals for the requested annexation and rezoning of the subject property to RM-20, and will consent through the conditional zoning agreement to address the issues of highway access, sanitary sewer connections, stormwater management, pedestrian access and Sensitive Areas Ordinance requirements, 6) The applicant will submit a recorded plat of the M.L. Subdivision to the City. Eckhardt asked Rockwell to show her where the proposed access would go on the overhead map. Rockwell showed the proposed access and explained staff's concerns about traffic flow. Brandt asked Rockwell what disadvantages the property owner would have in changing the access. Rockwell said the applicant had said the problem is the cost of the amount of concrete needed to be put in initially. Haigh asked where the second exit is being proposed. Rockwell pointed to the space reserved on the south point of the property. Corcoran asked where the stop sign would go. Rockwell pointed out the spot. Haigh said he did not understand why the Moose Lodge needed to do a subdivision plat when the property is going to be annexed by the city. Rockwell said it divides off the land in a formal way. Holecek concurred, and said it provides a clean, legal description for the property being annexed into the city. Rockwell said the subdivision plat process was started at the county level before staff realized that the annexation process should not be delayed. Public hearing opened. Ralph Neuzil, the attorney representing the Moose Lodge, said they are in the process of having the five-acre tract platted, and those plans have been submitted to the Johnson County Planning and Zoning Commission. He said he and his client will work closely with staff to comply with all recommendations. Brandt asked what the applicant's position is regarding staff's recommendation, including the attached conditions. Neuzil said he thought the conditions made sense, and they can work within the perimeters set forth by staff. For example, landbanking parking spaces for potential future use is acceptable to his client. He said that he could not speak for the property owner AI Streb as far as the shared driveway and access points are concerned. Iowa City Board of Adjustment October 8, 1997 Page 5 Dennis Keitel, McClure Engineers, said that the access easement shown on the site plan was all that was given to them by Mr. Streb. He said the curvilinear drive as shown is the most efficient way to ingress and egress from the property with the Moose Lodge being the only user of the driveway. He noted that this arrangement might not be the most efficient when Streb's development to the east is also using the driveway; the proposed plan is probably not what the final driveway configuration will look like. He said it makes no sense to have a stop sign at the edge of the Moose Lodge parking lot when they will be the only ones using the access for some time. He said Mr. Streb's property is currently zoned for agricultural uses only, so he has no great need for the driveway at this time. Keitel said he thought the City would place some restrictions on Mr. Streb when he does annex the land to make sure the vehicular ingress and egress flows more smoothly. He said the Moose Lodge added the second access point in case that becomes possible in the future, but he noted that only Mr. Streb has control over that driveway construction and implementation. He noted that the Iowa Department of Transportation restricts the number of access points onto a highway; that they must by 660 feet apart. He said that is why there is no access point in the northwest corner of the Moose Lodge property. He said there is a drive to an existing farm house on the property, and they are moving that current access point to the east end of the property to comply with Iowa DOT requirements. Brandt asked how much more difficult it would be to square out the driveway rather than have a gradual curve. Keitel said it basically is a right-angle access, and when Mr. Streb develops his property, he will want to bring an access drive down the property line and that will make the drive a right-angle. He said at this point in time, it does not need to be a right angle, because only the Moose Lodge needs access. Brandt asked if there would be a problem to square the road off now. Keitel said it would be an additional cost to pave and the natural traffic flow will be along the lines currently presented. Keitel said in regard to the number of parking spaces, the Moose Lodge arrived at the larger figure based on previous experience, but they have no problem with landbanking the additional 49 spaces at the present time. In regard to the Sensitive Areas Site Plan, the Johnson County map shows that there are hydric soils located in the area of the south stormwater detention basin. He said the presence of hydric soils does not necessarily make the area a wetland area. He said because none of the hydric soils area will be hard-surfaced, they do not anticipate any construction problems. Keitel said the stormwater detention basin in that area would probably enhance the soil quality. Brandt noted that one of the Board's major concerns is having too much paved parking in a residential area. Keitel said that is why the parking was moved to be on three sides of the building instead of in one area in front of the building. He said a reduction in parking will partially address the drainage issue. Brandt said in a residential area, it is also a visual issue. Maxine Simmons, representing the Moose Lodge, said they are willing to try out the 105 parking spaces, and will ask for the other 49 at the end of the six months allotted time. Brandt asked her position on the staff recommendations and approval conditions. Iowa City Board of Adjustment October 8, 1997 Page 6 Simmons said that the Moose Lodge plans to follow all of the staff conditions and recommendations. Public hearing closed. MOTION: Haigh moved to approve EXC97-0022, a special exception to permit a club to be established in an RM-20 zone at 4575 Highway 6 SE, subject to the following conditions: 1) The common access drive will be redesigned to improve traffic safety; at a minimum the common access drive shall be brought as far south as possible within the access easement, with the private access drive to the Moose Lodge parking area teeing perpendicularly into the common access drive, and a stop sign being placed on the Moose Lodge property for exiting vehicular traffic, 2) The applicant will be permitted to install up to 105 parking spaces initially on the site, and up to 49 parking spaces may be landbanked with the provision that these 49 landbanked spaces can be converted to parking spaces upon approval by the Director of Planning and Community Development if the applicant, after a period of at least six months from the date of occupancy of the building, clearly demonstrates a need for the additional parking, 3) The applicant will provide downcast lighting to be approved by the city with attention to preventing glare on neighboring properties, 4) The applicant will provide evergreen screening along the side and rear lot lines; the parking area screening shown on the site plan adjacent to the parking areas shall be planted prior to the issuance of the occupancy permit for the Moose Lodge building, and the applicant shall submit a planting plan and planting schedule to phase in the remaining evergreen screening within two years of the Board's decision on this case, The applicant will receive the necessary approvals for the requested annexation and rezoning of the subject property to RM-20, and will consent through the conditional zoning agreement to address the issues of highway access, sanitary sewer connections, stormwater management, pedestrian access and Sensitive Areas Ordinance requirements, 6) The applicant will submit a recorded plat of the M.L. Subdivision to the City. Bender seconded the motion. Eckhardt suggested changing condition #1 to say, "when the additional property is developed and needs an access road, it can be made perpendicular at that time." Haigh said if that road is reconstructed later, it will cost the Moose Lodge and Streb more money, and the construction will provide an inconvenience to users of the Moose Lodge. Haigh said it would seem more cost-effective to make the road perpendicular now. Brandt asked if the Board could go back into the item after the fact and monitor the road progress. Rockwell said that was one of staff's concerns; that it would be Iowa City Board of Adjustment October 8, 1997 Page 7 legally cleaner to have the road constructed the way it should be now so there is no question how access will come from the east or the west in the future. She said constructing the road now would also prevent reconstruction problems for people entering and exiting the Moose Lodge property when the property to the east is developed. Holecek agreed that it would provide a stub road for future development, and there would not be future disruption for reconstruction. She suggested addressing the issue now instead of leaving it for the future. Haigh said the landbanked parking is a place to start, and said the Moose Lodge should have the minimal amount of paving needed to get by. He said overall, it is a good plan, and the new building will be a nice addition to Iowa City. Brandt said he also supports the recommendation as it stands, because it is a good plan and in the best public interest. He said the conditions address some of the items that need to be met to ensure compatibility as well as technical compliance. He said the first condition about the access road should remain in the recommendation. Bender asked if staff was involved in planning the playground area. Rockwell said that the area is fenced in, and Ms. Simmons has been very concerned from the beginning · about keeping the playground separate from vehicles. Rockwell said there is direct access from the Moose Lodge building to the play area. She said the City has not been involved in designing the playground. Bender said she was concerned about the playground being so close to the' parking lot; that it is a public safety issue. Bender said overall, the plan meets the general standards and will provide a much needed community service for its members and people in the community who use it for family events. She said she likes the lengthened access drive as a matter of public safety; that she couldn't imagine allowing a situation where vehicles might queue up on Highway 6. She said there was no sense in putting off constructing the drive in the right way; this will alleviate legal questions about it later. She thought that having the landbanked parking was a satisfactory compromise. She said she liked the landbanking provision in case the 105 spaces are not adequate. She noted that the applicant appears to be going along with the screening requirements. She said she will support the motion. Corcoran said she would also support the motion. She said her office is in the same building where McClure Engineering is located, and she knows Mr. Keitel, but said she does not think that will affect her decision. She said she thinks the building will be a nice addition to Iowa City. Eckhardt said that she will support the motion, because it involves planning now for desirable results in the future. The motion carried by a vote of 5-0. EXC97-OO23. Public hearing on an application submitted by John Moreland, on behalf of property owner S & M Properties, for a special exception to reduce the required off- street parking for property located in the Low-Density, Multi-Family Residential (RM- 12) and Intensive Commercial (C1-1) zones on a portion of Lots 2 & 3, West Side Park. Iowa City Board of Adjustment October 8, 1997 Page 8 Yapp said the applicant is requesting a special exception to reduce the number of parking spaces required for an office building with 11,000 square feet of finished space and 3,000 square feet of storage space from 58 spaces to 47 spaces. The proposed use of the building is for insurance sales offices. The insurance companies who will occupy the building, Welt Ambrisco and A.W. Insurance, have experience in the local market that demonstrates they do not need the required number of parking spaces. Yapp said the Planning and Zoning Commission recommended approval of the rezoning to CO-1 on. October 2, 1997, with conditions. Staff feels that commercial office zoning in this location will serve as a good transition between the multi-family residential structures to the north and the intensive commercial property to the south. One of the requirements that the Planning and Zoning Commission recommended as a condition of the rezoning is that no more than one row of parking shall be permitted on the west side of the building (fronting on West Side Drive), and that there shall be a 25-foot setback from West Side Drive which shall contain a landscaped berm. This 25- foot landscaped setback will help ensure that this office building is compatible with the residential structures across the street and adjacent to the property, which do not have parking in front of their buildings. Yapp said in discussions with the applicant prior to the rezoning application going before the Planning and Zoning Commission, staff proposed that if the applicant could show that this use did not need as much parking as it required, a reduction in the paved area would make the site more attractive as a buffer between the commercial property to the south and the residential property to the north. Yapp said according to the applicants, a structure of this size will accommodate approximately 29 employees, of which one-third will be traveling sales agents. In addition, the insurance company expects to have two to four clients per hour visiting the offices. Therefore, the applicants expect that even if all 29 employees and four clients were at the office at one time, only 33 spaces would be used. Forty-seven spaces are proposed on the submitted concept plan to accommodate any unexpected increase in the need for parking. He said staff has observed during the last few months that the parking lot at the Welt Ambrisco office, which contains 28 parking spaces, is rarely more than half full. A.W. Insurance and Welt Ambrisco Insurance have submitted data which shows the pattern of parking at their existing offices, and supports staff's firsthand observations that these offices generate limited customer traffic. For example, during the three days this data was collected, the Welt Ambrisco parking lot, which contains 28 spaces, was not more than 43% occupied at any one time. Yapp said it is conceivable that some .uses which might occupy this building in the future would require more than 47 parking spaces. He said if the Board determines to approve the requested parking reduction, staff suggests that such approval be tied to the proposed use for this building, an insurance sales office. If the use of the building changes in the future, a new special exception would need to be granted for a new use to be established, more parking would need to be secured for the use, or less of the building would be permitted to be utilized. Yapp said that in general, staff supports a reduction in paving in residential areas, where it can be shown that the parking requirements for a specific use are excessive, Iowa City Board of Adjustment October 8, 1997 Page 9 and parking generated by the commercial use will not spill over into the residential area. Reducing the required paving for an office building which does not have a high parking demand is in the public interest in this residential area. He said all the paved areas will be buffered by landscaping from existing multi-family residential uses. A reduction in the potential paved area will further enhance the site in relation to neighboring residential properties. Yapp said staff recommends that EXC97-0023, a special exception to reduce the off- street parking requirement from 58 spaces to 47 parking spaces for a 14,000 square foot office building with up to 11,000 square feet of office space and up to 3,000 feet of storage area located on the east side of West Side Drive, south of Earl Road, be approved, subject to the parking reduction being tied specifically to the use of the property as an insurance sales office. Eckhardt asked how anyone would remember the parking restrictions if this building takes on another use in 20 or 30 years. Yapp said that there is a computerized database for every building permit application. He said the address for the insurance building would be flagged, so if a future owner wants to convert the building to another use, the computer database will let them know about the parking restrictions. Eckhardt asked if there was room on the' property for other parking spaces. Yapp said not as designed now. He said the only way there would be more spaces is if the property were to be made larger. Holecek" noted that the Board decisions are recorded, and with a change in use there would be a change in ownership, and a title opinion would show the limitation set by the special exception for the property. Haigh asked if all of the 11,000 square feet of space would be for the insurance companies. Yapp said yes. Public hearing opened. Don Flack, A.W. Insurance, said they are proposing to merge the two agencies into one building. He said he sits at the front window of the current A.W. Insurance office building, and the busiest the front parking lot has ever been was right after the early summer hail storm when they had over 3,000 claims. He said even then, there were no more than four cars in their five-parking space customer lot at one time. He said most of their business is done at their client's businesses or homes and away from their offices, so parking is not really an issue. Flack said A.W. Insurance is planning to hire one more agent, but they have a very low turnover and are not planning on hiring anyone else for quite some time. He said their usage should stay close to where it currently is. Eckhardt asked where the A.W. Insurance agents and employees currently park. Flack said they have an assigned parking area to the rear of the building at their current site. He said clients usually park to the front of the building. He said it is very rare to have every agent working in the office every day; that they travel or leave the office for different reasons. Brandt asked how he felt about staff's recommendation and conditions on the special exception. Flack said he had no problem with the conditions. He said the insurance agencies involved are making a long-term decision. He said they plan to build their business at this location, so they are not likely to walk away from it quickly. Public hearing closed. Iowa City Board of Adjustment October 8, 1997 Page 10 MOTION: Heigh moved to approve EXC97-0023, a special exception to reduce the off- street perking requirement from 58 spaces to 47 parking spaces for a 14,000 square foot office building with up to 11,000 square feet of office space and up to 3,000 square feet of storage area located on the east side of West Side Drive, south of Earl Road, subject to the parking reduction being tied specifically to the use of the property as an Insurance sales office. Brandt seconded the motion.' Brandt said he would support the motion. He said it was nice to try to find a balance to accommodate enough parking for vehicles without putting down too much concrete. He said the item meets the basic standards for granting a special exception and assists in creating a buffer zone between the residential development and the more intense commercial zones. Corcoran said she would support the motion, because reducing the parking area, when it has been documented that it is not in high demand, is in the public interest. She said the building and the site as it is designed will fit in well with the surrounding area. Haigh said he will support the motion. He said he liked that the area had been rezoned, and thinks the building will be a fine asset to the area. Bender said it would be in the interests of justice to grant the exception; this is a relatively minor reduction (19%) in required parking.. She said she was pleased to see the staff data on the parking availability count at the two existing insurance buildings. She thought providing 47 parking spaces would be more than adequate for the anticipated parking demand for an insurance sales office. She said she would support the motion. Eckhardt said she would support the motion, and she was satisfied with the balance between parking supply and demand. The motion carried by a vote of 5-0. EXC97-0024. Public hearing on an application submitted by Hodge Construction Company, on behalf of property owner Plum Grove Acres, Inc., for a special exception to permit a restaurant greater than 2,500 square feet in size and a special exception to permit off-street parking in excess of 110% of the required parking for property located in the Neighborhood Commercial (CN-1) zone at 200 Scott Court. Rockwell said in 1995, John and Ada Streit requested approval of a special-exception to allow construction of a 4,000 square foot restaurant at 200 Scott Court. The Board denied the request finding that the scale and character of the proposed restaurant would create more traffic and require more paving for parking than was suitable within a neighborhood commercial area. The Board concluded that this size restaurant would be more compatible within a more intensive commercial district, such as the CC-2 Community Commercial zone. Rockwell said on May 8, 1996, the Board approved a special exception to allow a restaurant up to 3,376 square feet in size (this included a 176 square foot refrigeration addition on the north side of the building) and to modify the parking requirements to allow 35 parking spaces to be installed on property, and a landbanked parking area Iowa City Board of Adjustment October 8, 1997 Page 11 containing up to 11 additional parking spaces to be installed only upon approval by the Director of Planning and Community Development if the applicant, after a period of six months from the date of occupancy of the building, clearly demonstrates a need for additional parking. Rockwell said construction did not occur following the 1996 approval because the Streits wanted to use a basement area for an office and storage. It 'was the determination of the City Housing and Inspection Services (HIS) staff that the proposed storage/office area in the basement counted as part of the restaurant, and HIS could not issue a building permit for a restaurant on this site that exceeded the Board-approved size of 3,376 square feet. Rockwell said Hodge Construction is now.representing the Streits and has applied for a special exception to permit a 4,666 square foot restaurant for property located in the Neighborhood Commercial (CN-1) zone at 200 Scott Court. The floor area includes the previously approved 3,376 square foot floor area plus a 1,290 square foot basement area. The site plan shows 35 parking spaces and 11 landbanked spaces as was approved on May 8, 1996, for the 3,376 square foot.restaurant. Because the Board's May 8, 1996, decision has expired, the applicant requests a special exception not only for a restaurant greater than 2,500 square feet in size, but also asks for a special exception approval to allow over 110% of the required off-street parking for the restaurant to be installed on the property. Rockwell said the CN-1 zone is intended to provide for limited commercial development within a residential neighborhood to help meet the day to day needs of nearby residents. Businesses within a CN-1 zone are to be compatible in scale and character with the surrounding residential area. She said the CN-1 zone regulations permit small restaurants (2,500 square feet or less) as provisional uses, and require approval of a special exception for any restaurant larger than 2,500 square feet. The intent is to encourage the development of small-scale restaurants within the CN-1 zone to serve the surrounding neighborhood, while providing an additional level of public scrutiny through the Board of Adjustment review for restaurants greater than 2,500 square feet in size. Rockwell said although the proposed restaurant will provide a needed service to the surrounding residents, it is likely to draw heavily from a larger market area. Staff questions whether a restaurant of 4,666 square feet is appropriate for the CN-1 zone, particularly when the Board has previously determined that a 4,000 square foot restaurant is not suitable for this location. Staff surveyed restaurants in the Iowa City area to gauge the size that would be most appropriate for a neighborhood commercial center, and found that restaurants that averaged 2,200 square feet in size (Linn Street Caf~, Pagliai's Pizza, Bruegger's Bagel Bakery, Hamburg Inn No. 2, The Wok) seemed most suitable. The larger restaurants surveyed contained more than 4,500 square feet (Ground Round - 5,204 square feet, Country Kitchen - 5,311 square feet, Jimmy's Bistro - 4,700 square feet, La Casa - 7,912 square feet) and were determined to be better suited to more intense commercial districts, such as the CC-2 zone. Rockwell said if the Board allows the Streits to locate restaurant storage and an office area in the basement instead of within the 3,376 square foot main floor area, more seating area will be available. She said the Streits are proposing approximately 1,8OO square feet of seating area for 127 patrons. This is comparable to the Village Inn, a Iowa City Board of Adjustment October 8, 1997 Page 12 4,920 square foot restaurant located on Sturgis Corner that has a 1,857 square foot seating area for 155 patrons, or the McDonalds on Riverside Drive that is a 4,330 square foot restaurant with a 1,298 square foot seating area for 115 patrons. Both of these restaurants are comparable in size to the one proposed by the Streits, and they attract customers from a larger region, are situated at the intersection of two major streets/highways, and are located in a predominately commercial area; they are not located in a neighborhood commercial area at the end of a cul-de-sac street. Smaller, more appropriately sized restaurants for a CN-1 zone have seating areas of 700 to 950 square feet. Rockwell said to avoid excessive paving in the CN-1 zone, where it could have a negative impact on the surrounding residential neighborhood, the parking requirements were reduced and a maximum limit of 110% of the required parking was established. For a 4,666 square foot restaurant in a CN-1 zone, 21 parking spaces are required, and without a special exception, a maximum of 23 parking spaces (at 110% of the requirement) would be allowed. The applicant is requesting that the Board grant a special exception to permit 35 parking spaces to be installed, with room for an additional 11 parking spaces included in a "landbanked" area at the east end of the parking lot. Rockwell said the end result could be a situation similar to what the Board denied in September 1995, except the requested size of the restaurant has been enlarged from 4,000 square feet to 4,666 square feet. Rockwell noted that the applicant's insistence throughout three special exception applications for 46 parking spaces is an indication of the le~/el of business that is anticipated, and in staff's view, is excessive in a CN-1 zone. Rockwell said although the Board previously approved a potential 46 parking spaces, it has subsequently become clear that the intended size of the restaurant with an expanded storage room and office area in the basement and the expected demand for the parking will result in a restaurant that does not meet the intent provisions of the CN-1 zone. She said staff recommends that EXC97-0024, a special exception to allow a 4,666 square foot restaurant to be established, and a special exception to modify the parking requirements to allow parking spaces in excess of 110% of the maximum required parking in the CN-1 zone for property located at 200 Scott Court, be denied. Public hearing opened. John Streit, the applicant and manager of Midtown Family Restaurant, Inc., said he is not asking for more than he was granted before, except for a 1,291 square foot non- public use basement. He noted that the Fareway grocery store is in the CN-1 zone, and it has a regional draw. He said there is a dentist and a dance studio in the area he is asking to go into and they do not have just a local draw. He said he has done everything that staff has asked him to do. The only thing he could not live with was the 300 square foot basement. He said he feels he is being singled out and this whole process is just a bunch of bullshit. Kirsten Frey, the attorney for the applicant and landowner, said the staff report recommends the application be denied on the grounds that the proposed use is inconsistent with what is allowed in the CN-1 zone, because it is going to be 4,666 square feet in size. She said the building plans that were submitted to and approved by Iowa City Board of Adjustment October 8, 1997 Page 13 the 1996 Board of Adjustment included the basement. She said the Streits did not know that a basement counted toward the total square footage until they applied for a building permit. Frey said in their findings of fact, the May 8, 1996, Board said the 3,376 square footage of the restaurant met the intent of the CN-1 zone, as did the scale of the building and the parking requests. She said the approved plans are the same ones that are currently before the Board, except for the extra basement square footage, which is not intended for public use. Frey said the discrepancy is whether or not the basement space should be counted in the total square footage of the commercial space. She said the building plans anticipated the basement area would be used for a furnace, air conditioning, other utility services and storage of food items. She said it is not intended that the basement area will be available for public use, so it should not be included in the definition of commercial space. She said the municipal ordinance does not prohibit the use of basements and it does not require that the basement square footage be counted in the total commercial space square footage calculations. She said the Iowa City Planning and Zoning Commission is currently considering whether the ordinance should do so. Frey said the restaurant area intended to be used is 3,200 square feet, which is the same amount of restaurant area which was previously approved by the Board on May 8, 1996. She said the east side of Iowa City needs a neighborhood gathering place, and this type of restaurant would do just that. Stewart Eely, an east side Iowa City resident, said the Streits know how to run a restaurant, providing excellent food and service at a reasonable price. He said the east side of Iowa City is in transition, and he thinks the area will change and evolve. He said people are going to use their cars. He said cars are necessary and access should be a simple matter. Dan Glasgow, an east-side business owner, said he has followed John's cooking for 25 years. He said he would sure like to have Streit serving food on the east side so he could drive a couple miles to the restaurant instead of to West Liberty to get it. He said the east side needs a restaurant, and this one would fit well into the area. Mike Hodge, Hodge Construction, said his company handed in the plans that were approved in 1996, and discussed the redesign of the basement when the building officials told them there was a problem. He said the Streits accepted a smaller basement in order to get the restaurant plans going. He said the seating area size has never changed. He said a smaller basement would negatively affect traffic, because if the Streits cannot take bulk delivery, because they have no place to store it, they would have to have trucks delivering food items daily. Ken Prymex said he drives to West Liberty to eat Streit's food, and would like to see him open up a restaurant closer to Iowa City. He said he thought that Streit's restaurant would be good for the community. Kirsten Frey reiterated that there are other entities in the CN-1 zone that have basements. She said the Streits are not changing the number of tables or size of the seating space. She said this restaurant cannot be compared to a McDonalds, because that is fast food and this would be a sit-down eating establishment. She said this type of restaurant would have a strong appeal in the neighborhood. Iowa City Board of Adjustment October 8, 1997 Page 14 Brandt asked about a basement being drawn on the 1996 plans and being changed. Frey said that there was a basement drawn on the building plans. Rockwell said that the Board never saw a floor plan for the restaurant; they only approved the overall size in square footage, and it was assumed that the maximum approved size would incorporate storage, office space, a kitchen and a seating area. Frey said it was her understanding that the building plans were submitted to staff, and they had seen them. Rockwell said that at the Board of Adjustment level, the staff had not seen the floor plans. Holecek said when the Board approved a 3,376 square foot restaurant in 1996, it did not contemplate a specific seating area. Public hearing closed. MOTION: Haigh moved to approve EXC97-0024, a special exception to allow a 4,666 square foot restaurant to be established, and a special exception to modify the parking requirements to allow parking spaces in excess of 110% of the maximum required parking in the CN-1 zone for property located at 200 Scott Court. Corcoran seconded the motion. Brandt said he had been present for the last two discussions on this item, and he remembered it being a very troubling issue. He said he is not disputing whether or not a restaurant in this area is a good idea. He said this is the kind of use that is intended for the CN-1 zone; something that is designed to service the neighborhood. Brandt said the intent of the CN-1 zone is to try to create a commercial area that is of a neighborhood scale, and services that specific area. He' said the Board struggled with the May 8, 1996, approval, but was satisfied that the Streits had made an effort to scale back the restaurant to accommodate some of the Board's concerns after the first application. He said he did not recall seeing.a floor plan or seating arrangement in the restaurant and there was no discussion about a basement. He said the Board was more focused on the number of parking spaces, the traffic issue, and the overall size of the restaurant. Brandt said he is still concerned with the parking issue, and that the Board made some reasonable accommodations last time in consideration of the project's overall scale. He said he was having problems with the item. Eckhardt said she appreciated Streit's cooking talents and people's support of it. She said because of the design of this CN-1 zone, which has been developed parcel by parcel, the neighborhood is beginning to experience some traffic stress. She said it is hard for her to sympathize with Streit coming to ask for a larger square footage for a restaurant when she felt the Board went out of its way to accept his second proposal. She said she is having a hard time supporting the item. Brandt asked if the issue of rezoning the area came up in one of the discussions. Rockwell said in 1996, the property owner, Bruce Glasgow had requested rezoning the area to RM-20. Bender said she had previously commented that there are many restaurants on the east side that have gone out of business, and there might be more suitable sites in the CC- 2 zone for this type and size of business. Haigh said he was having trouble trying to approve something that is at least 80% larger than what is permitted by right in the CN-1 zone. He said he saw this.restaurant Iowa City Board of Adjustment October 8, 1997 Page 15 as more of a regional business than a local one, so it did not meet the intent of the CN-1 zone. He said he did not think that this particular restaurant at this particular size of 4,666 square feet would fit well in the zone, but a smaller-sized restaurant would match the CN-1 zone intent much better. Corcoran said the Board previously approved the number of parking spaces that the Streits are currently seeking, so the only difference is the increase in the amount of square footage. She said the increase in square footage being sought would only be used in the basement. Eckhardt said in comparing this with other restaurants, the others have to include their office and storage space in the total square footage. Brandt said when the Board approved the special exception, they were only looking at an overall size, not a specific dining room size or number of seats. Holecek said in calculating the total square footage, areas that are not necessarily used for public seating are included. She said those areas may not be part of the seating area or where people are eating, but they facilitate the restaurant and are part of the business and the use as a whole. She said when the exception was approved by the Board, up to 3,376 square feet was allowed. She said there was not a floor plan presented, a discussion of the number of seats involved or the amount of the 3,376 square feet that would be devoted to seating. She said it was left to the applicant to divide the maximum square footage as they would, including all necessary associated functions needed to run the business. Eckhardt said that it is the size of commercial business that belongs in the CC-2 zone. Bender said when the Board was asked to approve the special exception the second time to allow a neighborhood restaurant in the CN-1 zone to exceed the 2,500 square foot limitation, it did so without a building plan and on the basis of examples, such as Pagliai's. She said it was her understanding that the total square footage of those businesses were used, including storage and office areas. She said she would be nervous about calculating the square footage differently for this restaurant when they have calculated all the others the same in the past. She said she was still concerned about neighborhood integrity and safety with this project, and said a restaurant of this size would be more suitable in a CC-2 zone. The affirmative motion was denied by a vote of 0-5. BOARD OF ADJUSTMENT INFORMATION: Rockwell introduced Stu Huntington of Iowa State University to the Board. She said he is observing Boards of Adjustment throughout the midwest, and is planning to write a procedural guide for Board members. Rockwell announced that the December 10, 1997, meeting would be Eckhardt's last meeting as a Board member. The Board members agreed to gather for a luncheon at noon on December 10. She asked current members to encourage people to apply for the Board position that Pat will soon vacate. Rockwell said with a new member coming on Board, it may be a good idea to have an orientation session for the Board in January or February of 1998. She said one issue that members may want to discuss is whether or not staff recommendations should be heard before the applicants and people speaking for or against the application have a chance to Iowa City Board of Adjustment October 8, 1997 Page 16 state their case. She said some members of neighborhood associations have complained to her that the staff recommendations unfairly bias the Board's decisions and the public hearing process. Rockwell said one or two appeal cases may come before the Board at the November meeting, and Holecek will not be able to serve as Board counsel. Holecek said because she is named as a defendant in the appeal, there will need to be separate counsel, and the attorney cannot be from the City Attorney's office. ADJOURNMENT: MOTION: Brandt moved to adjourn the meeting. Haigh seconded the motion. The motion carried by a vote of 5-0, and the meeting was adjourned at 6:35 p.m. Minutes submitted by Traci Howard. Patricia Eckhardt, Board Chairperson pMp~i~mir ~m(~ ~ 'ns\boaW~a rd Secretary SIGN IN SHEET IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, OCTOBER 8, 1997- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Name Address . 10. 11. 12. 13. 14. 15. 16. 1.7. 18. 19. MINUTES PLANNING & ZONING COMMISSION OCTOBER 16, 1997 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Dick Gibson, Phil Shire, George Starr, Lea Supple MEMBERS ABSENT: Pam Ehrhardt STAFFPRESENT: Scott Kugler, Melody Rockwell, Bob Miklo, Sarah Holecek, Anne Schulte OTHERS PRESENT: Ralph Neuzil, Dennis Keitel, Margaret MacDonald, Larry Schnittjer, Pete Wilson, Bud Louis, Dean Oakes, Bob Burns, John Moreland RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 5-1, with Gibson voting no, of SUB97-0023, a preliminary and final plat resubdivision of Lot 1 and a portion of Lot 2, West Side Park, a 2.50 acre, 3-lot commercial subdivision located at the intersection of West Side Drive and Mormon Trek Boule- vard, subject to legal papers being approved prior to City Council consideration. Recommended that the City forward a letter to the Johnson County Board of Supervisors recom- mending that CZ9746, a request to rezone 23 acres located at the southwest corner of Dane Road and Osage Street from Rural (A1) to Suburban Residential (RS-5) be approved. CALL TO ORDER: Chairperson Starr called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Starr announced the following vacancies: one vacancy on the Board of Adjustment for a five-year term ending January 1,2002; one vacancy on the Board of Library Trustees for an unexpired term ending July 1, 2003; three vacancies on the Human Rights Commission for three-year terms ending January 1, 2001; two vacancies on the Parks and Recreation Commission for four-year terms ending January 1, 2002; three vacancies on the Riverfront and Natural Areas Commission for three-year terms ending December 31, 2000; one vacancy on the Design Review Commission for an unexpired term ending July 1, 1999; two vacancies on the Board of Appeals for five-year terms expiring December 31, 2002 - one for a Homebuilders' Association representative and one for a licensed plumber; and two vacancies on the Senior Center Board for three-year terms expiring December 31, 2000. Starr added that the appointments would be made at the November 11, 1997 City Council meeting. ANNEXATION/REZONING ITEM: ANN97-0003/REZ97-0017. Public discussion of an application submitted by Moose Lodge #1096, on behalf of property owner AI Streb, to annex 2.59 acres & rezone 5 acres located at 4575 Highway 6 SE from County Agricultural (A1) and Rural Residential (RR-1) to Medium Density Planning and Zoning Commission October 16, 1997 Page 2 Multi-Family Residential (RM-20). (45-day limitation period expires November 10, 1997) Rockwell said the Moose Lodge applied in August for a special exception to establish a club on a five-acre property, and part of the five-acre property is located in the County. She stated that it became apparent that it would be difficult to go forward unless the south portion of the property was annexed into the City. Rockwell said staff also suggested the applicant present a request for rezoning to RM-20 for the entire property, which would make it consistent with the zoning of the property to the west. Rockwell said in looking at the annexation, staff measured it against the standards set forth in the Comprehensive Plan. She said staff found there is adequate sanitary sewer service available and an identified need for the community would be met without a financial burden to the City. She added that this is an appropriate type of use along an entranceway, the infrastructure can be provided, and the traffic would come out on a highway and would not affect local streets. In looking at the rezoning, Rockwell said staff looked at compatibility issues. She said a number of those issues were resolved with the special exception approval, such as access, excessive paving, screening, and storm water management. Rockwell said there are some issues that should be addressed as a part of the Conditional Zoning Agreement. She said one of the issues includes the fully hydric soils that may be on the property. Rockwell said there must be a wetlands specialist determination as to whether wetlands exist there that would come under the protection of the Corps of Engineers or the City of Iowa City. Rockwell said staff recommends approval of the annexation and the rezoning and asks that the applicant enter into an agreement with the City concerning the sanitary sewer, to pay for water line and sanitary sewer extensions, to provide a 20-foot wide sidewalk easement along Highway 6 to acquire the permits from the DOT and from the City of Iowa City for access, to provide a signed copy of the common access agreement with the City being 'a party to that agreement, and to provide a lighting plan and planting plan as well as building elevations to be approved by the Director of Planning and Community Development. Rockwell said staff also recommends that the additional regulations for clubs, as specified in the City Ordinance, apply to any club located on this property under the requested RM-20 zoning. Bovbjerg asked if the issue involving the wetlands was not part of the conditions, but is something staff is working on as the application progresses. Rockwell confirmed this. Ralph Neuzil. 119 Wright Street, said he is the attorney for the Moose Lodge. He stated that the Moose Lodge has outgrown its present facility. Neuzil said the intent of the new facility would be to benefit the membership and its families, as well as the community, as it has in the past. Starr asked Neuzil if he had reviewed the conditions recommended by staff. Neuzil said they have been discussed and his understanding from the engineer was that the applicant is working to comply with the specified conditions. Public discussion: Dennis Keitel, 1696 Ridge Road, said he works for McClure Engineering and also represented the Moose Lodge. He said he has already put in a request for a wetlands determination through the Natural Resources Conservation Service, and it should occur within the next ten days. Keitel said through his past experience, his unofficial opinion would be that there is not wetland-type vegetation there, so he did not think there would be wetlands on the property. He noted that if wetlands are there, the applicant will work to comply with all requirements. Keitel said he is now working on a lighting plan that would be acceptable to City staff-. Planning and Zoning Commission October 16, 1997 Page 3 Neuzil stated that the Johnson County Planning and Zoning Commission gave its approval for the portion of the property in the County, subject to getting approval from the City. Rockwell asked if that was for the plat. Neuzil said he thought it was for both the zoning and the plat. Rockwell said the County was only dealing with the plat and did not need the City's approval to continue with the plat, which involves a one-lot split. She said she would contact the county zoning officials to clarify this issue. Public discussion closed, MOTION: Supple moved to defer to the Planning and Zoning Commission meeting of November 6, 1997, ANN97-0003, an application submitted by Moose Lodge #1096, on behalf of property owner AI Streb, to annex 2.59 acres located at 4575 Highway 6. Bovbjerg seconded the motion. The motion carried on a vote of 6-0. MOTION: Supple moved to defer to the Planning and Zoning Commission meeting of November 6, 1997, REZ97-0017, an application to rezone 5 acres located at 4575 Highway 6 SE from County Agricultural (A1) and Rural Residential (RR-1) to Medium Density Multi- Family Residential (RM-20). Chait seconded the motion. The motion carried on a vote of 6- 0. REZONING ITEMS: REZ97-0011. Public discussion of an application submitted by H & O LLC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres located at 500 Foster Road from Interim Develop- ment Single-Family Residential Zone (IDRS) to Sensitive Areas Overlay (OSA). (45-day limitation period expires November 14, 1997) Rockwell said this is a 4.46 acre parcel on which 40 dwelling units are proposed in a planned development. She said there is a small portion of about one-half acre that has been added at the north portion of the property to provide for storm water management. Rockwell showed diagrams of an early version of the plan that contained a three-story apartment building, but said staff felt there were too many impervious surfaces. She said staff suggested that some green space be incorporated into the plan and thought that if it were compatible, a four-story building, might be acceptable. Rockwell said six units were then .shifted into a four-story building, and staff has been working with the applicant regarding the compatibility and density issues. Rockwell showed diagrams of the current version of the plan, showing one single-family resi- dence, 15 townhouses and flats, and 24 units in the condominium structure at the north portion of the lot. She said staff looked at the plan in terms of the Comprehensive Plan and the compatibility with the surrounding area. She said staff realizes the mass and bulk of the building is much larger than anything else within the area, but felt some of the concerns were partly offset because the multi-family residential building is proposed for an elevation that is eight feet lower than the nearest townhouse building on the adjoining property to the west. Rockwell added that the pitch of the roof and the exterior facade of the building have been designed to reduce the appearance of its bulk and height. She said the building would be set at some distance from Foster Road, as well as buffered on the north and the east by steep, wooded slopes. Rockwell said this development proposes a mix of different types of dwelling units as well as a compact, residential development that is fairly close to the downtown area of Iowa City. She stated that the two major issues to be resolved are: 1) the compatibility issues involving the mass of the condominium building and the garagescape appearance of the townhouse/flat units, and 2) Planning and Zoning Commission October 16, 1997 Page 4 the impacts of the storm water management facilities on the sensitive areas. Rockwell showed examples of buildings that have garages in the front, but are designed so that the garages do not protrude out toward the street. Regarding the storm water management, Rockwell said although this is a permitted use within sensitive areas, it does go into an area that has wooded slopes and a stream corridor. She said staff has asked for a detailed examination of how erosion control will be handled in the area, looking at the stability of the dam once it has been constructed and how it will affect the stream corridor. Rockwell said the applicant is working to provide that information, and it will come in part in a grading and erosion control plan. She said the applicant is reluctant to go too far with the plan until there is an indication from the Commission as to its level of support for this application. Rockwell said in response to a question posed by Gibson at the Monday night informal meeting, she had calculated the actual density that is proposed for the "developable" portion of the property. She said if the .82 acres for the Louis home and outbuildings area and the .5 acres for the storm water basin area are subtracted out, it would result in a total developable area of 3.41 acres. She said that 39 dwelling units on that portion of the property would result in a density of 12.42 dwelling units per acre. Rockwell said in the RM-12 zone, townhouses, zero-lot line residences, and duplexes require 3,000 square feet per dwelling unit, which permits 14 dwelling units per acre. She said multi-family residential developments are permitted at one dwelling unit per 2,725 square feet per acre, which is 15 units per acre. Regarding the Fire Marshal's request for a 20-foot minimum lane width, Rockwell said staff is still negotiating with the Fire Department regarding the 18-foot wide lane proposed on the property. Rockwell said the City's contract for the sanitary sewer construction specifies completion by April 1998. She said information regarding soils on the slope will be obtained through the grading and erosion control plan, and staff has requested submission of this plan as soon as possible. Regarding the sight distance issues, Rockwell said Doug Ripley has indicated the sight distance is currently acceptable and will improve as Foster Road is widened and reconstructed, which is anticipated for fiscal year 1999. Rockwell referred to a letter from Gwendolyn Guentner of the Stonewall Townhouse Association stating opposition to this application. Rockwell said staff recommends deferral of the application until some of the issues regarding compatibility and the sensitive areas are resolved. Bovbjerg said she received a call from the applicant, Norwood Louis, on Tuesday morning, because he had been unable to hear all her questions at the informal meeting. Bovbjerg added that he invited her to view the property, and he then conducted a tour of the property for her on Thursday morning. Gibson said the Guentner letter raises the issue of the general density in the peninsula, given the limits to ingress and egress. He asked if staff would consider this a legitimate concern at this time. Gibson added that the Commission has been sensitive to this issue, but has frequently not been able to do anything about it because of already conferred development rights. He said the Commission would have some options in this case. Rockwell responded that an in-depth study of the peninsula has yet to be done, but she understood the tentative plan is generally that as development occurs to the west, it will be less dense, but density will increase as development occurs closer to Dubuque Street. Miklo said when planning for the reconstruction of Foster Road, the City Transportation Planner examined the entire peninsula site and has some figures of what the maximum population on the Planning and Zoning Commission October 16, 1997 Page 5 peninsula should be. He added that the overall density on the peninsula will need to be limited, but this development would fit into that scheme. Miklo said staff could provide more details regarding traffic to the Commission in the next mailing. Bovjberg asked if Foster Road would be the main street serving the peninsula. Miklo confirmed this and said it will be designed as a collector street--not quite an arterial street, but more than a typical collector street. Miklo noted that regrading will be needed to accomplish the reconstruction of Foster Road. Starr asked for clarification regarding the Comprehensive Plan. He said the staff report indicates low density single-family residential, two to eight dwelling units per acre, and the analysis states the property is right on the edge of an area designated for medium density, eight to sixteen dwelling units per acre. Rockwell said this property is on the boundary, but if the line is drawn exactly, the property falls within the two to eight dwelling units per acre designated area. She said the eight to sixteen dwelling units per acre area relates to the property to the east. Starr asked if an amendment to the Comprehensive Plan would be required, if the rezoning were to be approved. Rockwell replied she had been advised that it would not. She said it is right on the boundary, and the line on a Comprehensive Plan map is intended to be a guide, not an absolute demarcation. Public discussion: Margaret MacDonald, 400 Foster Road, said she has lived in the area for 40 years. She stated that she appreciated the work done by the Planning and Zoning Commission as well as City staff in interpreting City ordinances and planning the orderly growth of Iowa City. MacDonald said she had three concerns about the proposed development: 1) density, 2) compatibility, and 3) traffic. She said the neighborhood has been consistent in its efforts to encourage the use of the lowest possible density designation. Regarding compatibility, MacDonald said new units should be compatible with the surrounding land and buildings. She said she supports the concerns of the Commission as to the size and height of the buildings. She said she is also concerned about any grading or filling to be done to construct the structures after the experience of the Cliffs Apartments. MacDonald added that any increase in density would add more difficulty to the already existing traffic problems. MacDonald said she felt it was important to speak to the issues to give information to the Commission. She said there is a long history of neighbors in the peninsula working to keep a beautiful environment in that part of the city. MacDonald said the area has been through many issues, and she hoped to continue to rely on the Planning and Zoning Commission to encourage the building of single-family homes so that the new owners can enjoy the same atmosphere the current neighbors have come to enjoy. Larry Schnittjer, 1917 S. Gilbert, said he works for MMS Consultants and has been working with the applicant on this project. He said the applicant plans to reconstruct a dam that was originally on the site and also be responsible for maintenance of the dam. He said that is the only area that will be disturbed in the ravine. Supple asked who owned the land to be purchased for water retention and if it would be develop- able. Schnittjer said it belongs to a Mr. Collins, who has agreed to sell it, providing his concerns about the results of the dam reconstruction can be satisfied. Schnittjer added that the storm water detention area would not be developable - that it is comprised of very steep slopes. He said the dam has been in a state of disrepair for a number of years. Holecek asked Schnittjer if he was aware that the area not owned by the developer would have to be covered by an off-site Planning and Zoning Commission October 16, 1997 Page 6 easement. Schnittjer said he was aware of this. Holecek said the other area can still have an easement granted by the owner. She said it is an encumbrance of property that is not necessarily within the development application area, so there is a separ~-te agreement signed 'by those persons who are granting that easement. Bovbjerg asked if the easement would run with the land. Holecek responded that was correct - that the City obtains such an encumbrance to prohibit further building or other construction in that area to facilitate the storm water management. Pete Wilson, 562 Foster Road, asked about the dam repair and asked if there would be some kind of pond or water retention. Schnittjer said the water would not come up to Wilson's property line. He said water will be stored at the facility.on an intermitteht basis, but there will not be a permanent pool. Norwood Louis, 500 Foster Road, said he bought the property 47 years ago and had developed his 13-acre property as far as he can using septic tank systems. He said he is discussing 3.9 acres, and the City owns the entire other end of the peninsula, which is to be developed. Louis said there would be much more of an impact on traffic with the development of the City's property at the end of the road. He said his development would have a mi~or impact on traffic compared to future development planned for the rest of the peninsula. Dean Oakes. 2969 Prairie du Chien Rd NE, said he is part of-the development team for this project. He said he recognizes the concerns about the four-story building. He said although the roofline will probably be above existing trees, the trees growin~ in front of the building will be shielding it. Oakes said it is a long way from Foster Road and w~ not be as imposing as it may seem. Oakes said he can appreciate the garage problem and has turned the end garages away from the front on the four-plexes to alleviate the projection. He said he likes the green space resulting from removing the six-unit building, but feels the higher density needs to be kept. Oakes said twelve dwelling units per acre would seem to be consistent with what is in the area, but they would appreciate having more green space within the development while retaining that level of density. Gibson asked why it is important to attain the higher density here. Oakes said from an economic standpoint, it would be necessary to build a certain number of units to recoup the price of the land to make the project economically feasible. Gibson asked if the purchase price of the land is related to its economic potential - that if land can hold twelve units per acre it would be worth more than if it can be used for eight units per acre. Oakes agreed with this, but stated that the developers have thought it to be reasonable to have twelve dwelling units per acre, because the area to the west has been developed this way. He said negotiations with Louis have been based on the 12 unit per acre figure. Margaret MacDonald said she lived in the area when the wastewater pond was built and the dam was put across. She said the dam never functioned properly, and it ultimately did not hold. McDonald asked what assurance there would be that a new dam would hold properly. She said if it didn't, all the water would come down to flood her lawn. _ Norwood Louis said he had never a seen a storm that caused flooding there. He said he would not be building a dam to let it all go at once, but that even if it did, that is only 1/3 of the place that draws water to go down through the valley. He said he did not think there would be any problem with the water part of this at all. Public discussion closed. Planning and Zoning Commission October 16, 1997 Page 7 MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of November 6, 1997, REZ97-0011, an application submitted by H & O LLC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres located at 500 Foster Road from Interim Development Single-Family Residential Zone (IDRS) to Sensitive Areas Overlay (OSA). Supple seconded the motion. Gibson said he would like to discuss at the next informal meeting how the Comprehensive Plan would relate to this development, particularly the presumption that this could swing either way in terms of a rather wide range of development density. He said the nature and location of the land would seem to be what would more typically be identified for single-family housing. Gibson said he is concerned about the density as well as the big apartment building and the height of it. He said he is also concerned about the garage faces on the buildings. Gibson said examples shown by the planning staff show that it is possible to get away from the garage look, and he would like to see an effort made by the applicant to do so. He said if there is additional cost to do that, it might be the price paid to get the additional density the applicant is seeking; there need to be some real trade-offs so the development doesn't look like a parking lot where people happen to live. Starr said he shared some of Gibson's concerns pertaining to the rationale for the density. He said he did not necessarily think of the area as being only for single-family houses, but stated he would like to discuss this in terms of the Comprehensive Plan and what the intent of the area is. Bovbjerg said she still has concerns about the density, especially the bulk and the intense number of units in the proposed apartment house. She said she would like to see how the size and shape of the condominium building fits with the land as well as with the adjacent apartment houses. Bovbjerg said she is also very concerned about where all the water is going to go. She said while this water has drained into that ravine for many years, it has not drained from such a high amount of impervious surfaces. She said the proposed development will change the speed and the amount of water that will be coming off the property. Bovbjerg said she did not know whether there would be adjacent areas that would collect some of this water. She stated that the apartment building, in particular, was surrounded by a lot of impervious surface. She mentioned her concern about the amount of grading that would be required near steep, wooded ravines. Chait said he appreciated the developer and staff working together to develop the plan that has been presented to the Commission. The motion carried on a vote of 6-0. Rockwell noted that the photographs of townhouse designs distributed to the Commission are alternatives that staff is suggesting to minimize the dominance of garages on the streetscape. She said at least two of these sheets were shared with Mr. Hodge, who is one of the developers. REZ97-0016. Public discussion of revised plans relative to an application submitted by Iowa City IHA Senior Housing Limited Partnership to amend the approved Sensitive Areas Development Plan for Walden Hills to allow the development of Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay Zone located at the northeast corner of Rohret Road and Shannon Drive. (45-day limitation period waived to October 16, 1997) Kugler said staff received a revised plan that contained four separate, 30-unit buildings. He said staff has not received any additional information since receiving the revised plan, but did meet with the applicant regarding changes to the plan to provide more open space, better separation between the buildings and the highway, and a design that addresses compatibility with the Planning and Zoning Commission October 16, 1997 Page 8 neighborhood a little better. Kugler said the applicant has been willing to consider some of those ideas and may be redrafting the plan. He said staff is recommending deferral until the November 6, 1997 meeting to allow staff analysis of the revised plan. Supple asked if staff had received revised elevations of the building, and Kugler said staff had not yet received them. Bob Burns. 319 East Washington Street, said he had revised the plan with input from staff. He showed the two accesses to the property. He stated that the new plan puts the parking closer to Highway 218 and pulls the buildings back away from the highway. Burns showed floor plans of the building, stating that the four buildings are essentially the same. Bovbjerg asked if each building would have dining facilities and if a dining plan would be optional. Burns said each would have dining facilities and a dining plan would be optional. He said this would be an independent living arrangement. Starr questioned whether there was value in the Commission seeing this information before the revised plan has been analyzed. He said the Commission wants to see the scale, elevations, and layout. Starr said he would like to get this information before the revised plan is discussed. Gibson agreed and added that this application would probably require two public meetings after a complete staff report is provided on the revised plan. Burns said he realized staff needs time to analyze this plan. He said he is trying to respond to staff and Commission concerns, especially with regard to multiple buildings and the articulation of the buildings. Burns showed elevations of the buildings and the pointed out the articulation that has now been incorporated, including the use of brick on the ground floor and the use of pilasters. He said he is trying to come up with a solution that staff, the Commission, and ultimately the City Council can support so the project can move forward. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to defer to the Planning and Zoning Commission meeting of November 6, 1997, REZ97-0016, an application submitted by Iowa City IHA Senior Housing Limited Partnership to amend the approved Sensitive Areas Development Plan for Walden Hills to allow the development of Lot 53, containing 8.66 acres and located within the OSA- 8, Sensitive Areas Overlay Zone located at the northeast corner of Rohret Road and Shannon Drive. Shive seconded the motion. The motion carried on a vote of 6-0. DI::VF! OPMENT ITEM: SUB97-0023: Public discussion of an application submitted by Smith-Moreland Properties for a preliminary and final plat resubdivision of Lot 1 and a portion of Lot 2, West Side Park, a 2.50 acre, 3-lot commercial subdivision located at the intersection of West Side Drive and Mormon Trek Boulevard. (45-day limitation period expires November 10, 1997) Miklo said the plat is proposing to divide the property into three lots - two lots with access to West Side Drive and a third lot that would be landlocked because of a restriction on the property not allowing access to Mormon Trek Boulevard. He said an easement is therefore needed providing access to West Side Drive from Lot 3. Miklo said the initial proposal was for a driveway location to be 71 feet from the center of the driveway to the center line of Mormon Trek Boulevard. Miklo said Planning and Zoning Commission October 16, 1997 Page 9 staff felt this was too close to the intersection with Mormon Trek Boulevard, given the types of uses permitted and proposed for this property. He said staff anticipates a fairly high traffic count for this development. Miklo said the applicant submitted a revised plat and concept plan that shows the driveway center line being moved 25 feet to the north, 96 feet from the center line of Mormon Trek Boulevard. He said the revised plat also shows a deceleration lane added to Mormon Trek Boulevard at the applicant's expense. Miklo said that although this is not an ideal driveway location, it is improved over the previous design, and the City Transportation Planner feels this is an acceptable driveway location. Miklo said the plat contained a number of deficiencies and discrepancies that have been corrected so that the plat is in technical compliance. He stated that staff is recommending approval. Gibson asked if an "entrance only" had been considered at the location of the driveway. Miklo said it was discussed, but suggested that the applicant could answer the question more completely. John Moreland said he has been upfront from the outset that he planned to use the property for a convenience store and some appropriate commercial use. Moreland said the Lepic-Kroeger lot across the street has basically the same frontage along West Side Drive as this property, and it was allowed three curbcuts, although, granted it would generate less traffic than his property. Moreland said when he came before the Commission originally on the zoning, he asked for access onto Mormon Trek, but it was denied because it is an arterial street. Moreland said there were five or six items on his Conditional Zoning Agreement, but none referring to where the entryways onto West Side Drive had to be. He said he therefore felt all along that there would be no restrictions on where the entryways would be on West Side Drive. Moreland said he tried to find areas with comparable entranceways. He said the former Hy-Vee on Rochester probably had about 1,000 cars a day and it had two entryways that emptied directly onto arterial streets. He said his plan is to have a driveway approximately 100 feet from an arterial street. Moreland said the new Hy-Vee has approximately 4,000 cars per day and both entryways empty directly onto arterial streets with no turning lanes. Moreland said he has revised his plan four or five times and has pushed the store back as far as he can. He said Jeff Davidson, the City Transportation Planner, felt it would work when the store was moved back and the turning lane was put in. Moreland said he would like the Commission to vote on the plan so he can submit site plans for City approval and possibly get started on the work before winter. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to recommend approval of SUB97-0023, a preliminary and final plat resubdivision of Lot 1 and a portion of Lot 2, West Side Park, a 2.50 acre, 3-lot commercial subdivision located at the intersection of West Side Drive and Mormon Trek Boulevard, subject to legal papers being approved prior to City Council consideration. Shive seconded the motion. Bovbjerg said she did not know the standard for an entranceway for this kind of use. She said she Planning and Zoning Commission October 16, 1997 Page 10 did not know if moving it farther from Mormon Trek Boulevard would be feasible, but it would seem to be safer and wiser because this would be a very intensive use. Bovbjerg said she under- stood Davidson to have said this would be okay, but she asked if this would just be okay at a very minimum. Miklo stated that Davidson said this met the minimum and it was acceptable, but that he would prefer it to be farther to the north. Gibson said if Davidson is not totally comfortable with the entranceway, he would not be totally comfortable. Miklo said if Davidson and the rest of staff felt this was a dangerous situation, staff would not be recommending approval. Gibson said while it might be marginally okay, it could be a whole lot better. He said he is concerned with the high amount of traffic anticipated for this location. He said if the traffic engineers were not totally comfortable, he would not be either. Bovbjerg asked if the Code has a standard of where a driveway should be. Miklo said the distance of the entranceway from the intersection is a judgment call. Bovbjerg said if the Commission is looking at the compatibility, the ease of traffic, and health, safety, and welfare issues, she would like the project better if the motion could be amended to require the driveway to be farther north. Chait said there is another set of distinctions to be examined. He said staff has endorsed the project, and Davidson has given his approval based on the projected traffic and the traffic circulation design for the site. Chait said the compromise and negotiations between the applicant and the staff have to do with traffic both external and internal to the site. He suggested that the resistance is based on traffic flow on the site. Chait said if the entranceway is moved 25 feet, it could cause lots of problems internal to the site. He said there is a reason the drive is designed this way and the Commission needs to look at traffic flow both on-site and off-site, and this is a compromise that everyone seems to be able to live with.' Moreland said he has moved the driveway location 25 feet further north, to a point where Davidson could support it. Moreland said he has moved the drive as far as he can without messing up the internal traffic flow. He said Davidson does have a certain comfort level with the drive or he would not put his name on it. Starr said he agreed with Chait's comments and has also considered the internal traffic flow. He said he did not envision a huge problem with traffic coming out of the opposing driveway and felt there seems to be enough space for someone to get off Mormon Trek Boulevard onto West Side and then onto this site. Starr said he did not have a huge problem with the distance and was not sure that moving it any further would solve any problems. Supple said she always felt Mormon Trek-Boulevard should be four lanes here and asked if there were any plans at all to make it so. Miklo said there were no plans for this in the immediate future. Supple said she would vote yes on the motion. She said although she would prefer one large driveway at the lot lines with the buildings reoriented, she thought it was not her place to make that decision. She said she would vote yes because of staff's recommendations. Bovbjerg said this process has brought up the role of the Planning and Zoning Commission. She said she would go along with the motion and added that she appreciates the turning lane and thinks it will be a real plus. The motion carried on a vote of 5-1, with Gibson voting no. COUNTY REZONING ITEM: CZ9746. Discussion of a request submitted to Johnson County to fezone approximately 23 acres located at the southwest corner of Dane Road and Osage Street from Rural (A1) to Suburban Residential (RS-5). Planning and Zoning Commission October 16, 1997 Page 11 Kugler said this property is located within Fringe Area C, and it is recommended that the area generally be the site of agricultural uses, although rezonings to RS-5 can be considered if the concept plan submitted with the plat indicates that 80% of the property is designated as open space or for agricultural uses. He said the intent is to encourage clustering, as well as open spaces and agricultural properties. He said the initial concept plan did not meet the intent of the Fringe Area Agreement. Kugler said a revised plan was submitted showing a single access coming back from Osage Street with essentially the same lot configuration. He said staff felt it was still not a cluster plan and encouraged the applicant to consider alternative designs. Kugler said the applicant then submitted a revised plan with a single, private drive from Dane Road with three building lots and a small outlot arranged around it, with the balance of the property remaining as open space. He said staff is recommending approval based on the revised concept plan. He said with the addition of the roadway, the amount of open space is reduced, so the applicant has added about 1.8 acres onto the overall rezoning parcel. Kugler said it appears the total acreage will be 24.82 acres. Bovbjerg asked if there would be any sight distance problem with the driveway onto Dane Road. Kugler said the County Engineer will be checking the sight distance, but the driveway could be moved slightly to accommodate the sight distance issue. Starr asked if it would be possible for the applicant to do more development with the area. Kugler said they would have to change the zoning to do so. Starr asked if Dane Road could become similar to American Legion Road 20 years in the future. Kugler said the City's growth area does not extend to that area. He added that there is a potential there for increased traffic, but how large that increase could be is unknown. He added that staff wanted to ensure at least within the Fringe Area, that development is done in a way so that if traffic does increase to that level, it does not become another American Legion Road. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to recommend that the City forward a letter to the Johnson County Board of Supervisors recommending that CZ9746, a request to rezone 24.82 acres located at the southwest corner of Dane Road and Osage Street from Rural (A1) to Subur- ban Residential (RS-5) be approved. Shive seconded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE OCTOBER 2, 1997 PLANNING AND ZONING COMMISSION MINUTES: MOTION: Bovbjerg moved to approve the minutes of the October 2, 1997 Planning and Zoning Commission meeting, as written. Gibson seconded the motion. The motion carried on a vote of 6-0. OTHER BUSINESS: Miklo reminded the Commission that on October 23 an urban designer/architect who has worked on affordable housing in the neotraditional setting as well as neotraditional housing developments would speak to the Commission. Planning and Zoning Commission October 16, 1997 Page 12 Holecek said the appeal of the decision by the Zoning Code Interpretation Panel regarding the Conditional Zoning Amendment for Mormon Trek Village has been withdrawn because of a settlement between the two parties. Miklo said City Council will hold its first public hearing on the Comprehensive Plan on Tuesday, October 21 and encouraged Commission members to attend. PLANNING AND ZONING COMMISSION INFORMATION: Starr said he could not attend the November 6, 1997 meeting. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte. ppdadminVnlns'to&zl 0-16,doc IOWA CITY PLANNING & ZONING COMMISSION MEETING THURSDAY, OCTOBER 16, 1997- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET ( / 11. 12. 13. 14. 15. 16. 17.' 18. 19. BROADBAND TELECOMMUNICATIONS COMMISSION SEPTEMBER 22, 1997 - 5:30 PM LOBBY CONFERENCE ROOM, CIVIC CENTER Present: Betty McKray, Steve Hoch, Cathy Weingeist, Howie Vernon Members absent: Cordell Jeppsen Staff Present: Shaffer, Brau, Helling, Hardy, Dilkes Others Present: Beth Fisher, Rene Paine, Mary Jo Langhorne, Brian Sharpe RECOMMENDATIONS TO THE CITY COUNCIL There are no recommendations to Council at this time. SUMMARY OF DISCUSSION TCI will conduct a 300 respondent survey to gather input to assist them in deciding which channel to drop or which channels to combine to make channel space available for KCTV which must be carried according to FCC rules. PATV will hold their annual membership meeting November 20 at 6:30 p.m. in Library Meeting Room A. Work on PATV's performance guidelines is continuing. In regards to the telecommunications ordinance the Commission expressed interest in serving in a limited consumer advocate or referral role with the understanding that consumer service regulatory authority rests with the state, not municipalities. The Commission adjourned to executive session to discuss TCI's compliance with the franchise. APPROVAL OF MINUTES It was moved by Hoch, seconded by Weingeist to approve the corrected August 18, 1997 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Vernon requested the City Legal Department review his situation as a Commissioner as it relates to dealings with telecommunications issues. Vernon works for McLeod Communications which has an interest in telecommunications issues. Vernon said he does not want to compromise the integrity of the Commission or himself. Vernon will provide Dilkes with a description of his responsibilities with McLeod so she can determine any possible conflicts of interest. SHORT PUBLIC ANNOUNCEMENTS None. TCl REPORT Shaffer distributed a draft survey TCI plans on using to assist them in determining which channels to combine or drop to make channel space available to accommodate KCTV which must be carried on the system according to FCC rules. The survey will be mailed to 300 subscribers. Commissioners should forward any comments on the survey to Shaffer or Arlene Heck. Heck Broadband Telecommunications Commission September 22, 1997 Page 2 anticipates KCTV will be placed on the system by November 17. McKray said she appreciates TCI gathering public opinion prior to making a change. ECC REPORT Langhorne reported Heck had contacted her and Kirkwood Community College about putting Univision on the education channel to free space for KCTV. Langhorne said Kirkwood is unlikely to agree to that proposal. Shaffer said the City Legal Department is reviewing legal issues regarding making time on the access channels available to TCI. Compensation to the access channel in any particular situation may be open to negotiations, Langhorne said Kirkwood has contracts to provide programming and any negotiations to use the education channel would likely conflict with those contracts. PATVREPORT Paine reported PATV's Hoe-down fund-raiser generated enough funds to purchase new headsets for the studio. PATV is working on a grant to submit to the Iowa Women's Foundation to offer young women production workshops and produce their own programs. The grant could purchase a camcorder for PATV. Staff a_ss~isted series proposals are now being accepted. PATV's annual membership meeting will be held November 20 at 6:30 p.m. in Library Meeting Room A. A new board member will be elected at the meeting. Work is continuing with the City on PATV's performance guidelines. Discussions about moving into a joint facility with the City Cable TV Division are continuing. Vernon noted that PATV had specific guidelines regarding electoral programming and asked about guidelines for political use of PSAs. Paine said she is unsure of any relevant PSA guidelines except thirty or sixty second political PSAs are not permitted. SENIOR CENTER REPORT McKray reported Senior Center TV has had a quiet summer, but activity has been picking up and going smoothly. LIBRARY REPORT Fisher reported that in the last 2 1/2 weeks 15 productions promoting Intellectual Freedom Week have been taped. The productions deal with the freedom to read. Two programs for the "Off the Shelf" series have been shot. The program features librarians talking about the items in the library's collection. Copies of all Community Television Service (CTS) programs are now available for checkout at the library. LEGAL REPORT Dilkes had nothing to report not covered elsewhere in the meeting. 2 Broadband Telecommunications Commission September 22, 1997 Page 3 CABLE TELEVISION DIVISION REPORT Hardy reported demand for video services is up due, in part, to the election season. The Media Unit has hired staff and is now back to being fully staffed. Hoch asked about CTS criteria for productions concerning fund raising, noting the program done for the United Way. Hardy said programs such as the United Way promotion are done when time is not already committed to the coverage of meetings and events, which are the majority of CTS programs. Establishing criteria for CTS service, including what types of organizations are considered nonprofit, is now before the CTS Advisory Committee. One criteria for service is if the program would be a benefit to the community. Hoch noted that the United Way asks for funds and asked if the CTS Advisory Committee has addressed that issue. Hardy said the Advisory Committee will be addressing that issue and will forward recommendations of formal guidelines for the CTS to the Commission. CABLE TV ADMINISTRATOR REPORT Shaffer reported he received a request from the Community Programmer, Ethan Fox, for funds from the pass-through fund to purchase a computer. Shaffer said he can amend the budget to move funds to accommodate the request. It was moved by Hoch, seconded by Weingeist to authorize Shaffer to amend the budget and allocate funds for a CTS computer. The motion passed unanimously. Shaffer reported receiving 22 complaints-2 about billing problems, 2 about the variety package, 1 about the late fee, 1 about problems with a pay-per-view program, 1 about the number of channels on the system, 4 about outages, 1 about a disconnection mix-up, 2 about signal problems, 2 about problems getting service, 3 about rates, 1 about being charged for Cinemax but not receiving the service, 1 about billings being received late, 1 about installation charges, and 1 about receiving channels not requested. Cable TV Division Annual Reports should be available at the next meeting. TELECOMMUNICATIONS ORDINANCE Shaffer reported that final comments have been received from the Planning and Community Development Department and Public Works. One issue that still needs to be resolved is the role of the Commission. At the previous meeting the Commission indicated that they were interested in serving a kind of consumer advocate or referral role. Dilkes said that telecommunications service is regulated at the state level. The telecommunications ordinance does not, and cannot, regulate service. The ordinance basically regulates the public rightof-way. There is nothing wrong with providing information or referring customers to the appropriate state agencies, but there is a danger in giving the impression that the City has regulatory authority where it does not really have any such authority. In short, there is not a lot that the Commission can do in regards to service issues. Issues directly dealt with in the telecommunications franchise agreement could be subject to Commission oversight. Shaffer said he agreed that there are legal limitations to municipal authority and noted that US West has no local office and no local number for 3 Broadband Telecommunications Commission September 22, 1997 Page 4 consumers to call. With more telecommunications providers expected to enter the market customer service issues will become more important. Weingeist and Vernon said the Commission could perhaps function as a consumer referral service or advocate. The Commission or staff could track consumer complaints and refer consumers to the appropriate state agency. Shaffer said that research by Rice, Williams shows that similar commissions around the U.S. are backing off playing a direct consumer advocate role. Vernon said the Commission could track problems, but should not become caseworkers. Language will be drafted for the BTC's role for in this regard for their consideration. ADJOURNMENT TO EXECUTIVE SESSION It was moved by Vernon to adjourn to executive session to discuss strategy in matters that are presently in litigation or where litigation is imminent and where its discussion would be likely to prejudice or disadvantage the position of the government body in that litigation. The motion was seconded by Hoch. Vernon, Hoch, Weingeist, and McKray voted yes. The motion passed unanimously. ADJOURNMENT It was moved by Hoch, seconded by Vernon to adjourn. Adjournment at 7:00 p.m. Respectfully submitted, Wm.~e~~ha er~~ \cabletv~mins~btc9-22.wp5 4 MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, OCTOBER 15,1997 -- 5:30 PM IOWA CITY CIVIC CENTER- LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cortney Daniels, Ken Fearing, Lori Goetsch, Gretchen Grimm, Richard Hoppin, Joe Kral, Jim Pugh, Tom Riley, David Thayer, Larry Wilson MEMBERS ABSENT: Catherine Pugh STAFF PRESENT: Jeff Davidson, John Yapp, Traci Howard OTHERS PRESENT: Terry Trueblood, Carol Sweeting CALL TO ORDER: Chairperson Daniels called the meeting to order at 5:30 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Daniels said that the Commission would table the Floodplain Ordinance Review item on the agenda. Yapp said Bob Miklo, Senior Planner for Iowa City, would be available at an upcoming meeting. Daniels said after the last RNAC meeting, she was going to write a letter to the Iowa City Planning and Zoning Commission about the Comprehensive Plan. She said she forwarded a letter she wrote and the memo that RNAC members received at the last meeting to the Planning and Zoning Commission. She said she was not sure what happened at the Planning and Zoning meeting. CONSIDERATION OF THE SEPTEMBER 17, 1997, MEETING MINUTES: J. Pugh asked out hiring consultants on page 2 in the first full paragraph. Daniels said they were discussing the Peninsula. Wilson said no, that he was trying to explain that the Commission ought to identify their concerns before the City hires a consultant. Daniels on page 2, she actually formed a committee to deal with the sensitive areas project. In that same paragraph, Wilson changed the seventh sentence to, "Wilson suggested each year they should take a different sensitive area..." He said they could still do the trees, as well as another sensitive area. Daniels said that on page 3, in the second paragraph the words "road construction" should be changed to "the First Avenue extension" so everyone is clear on what the construction is. She wanted to change the sixth sentence of that paregraph to say, "Neumann said the opponents to the First Avenue extension have a problem with the development that goes along with the road construction that will follow near Hickory Hill Park. J. Pugh said he thinks the public is misinformed about the First Avenue extension. Daniels wanted the 14th and 15th sentences scratched from the second paragraph. MOTION: J. Pugh moved to approve the September 17, 1997, meeting minutes as amended. Fearing seconded the motion. The motion carried by a vote of 10-0. Riverfront and Natural Areas Commission Wednesday, October 15,1997 Iowa City Civic Center- Lobby Conference Room Page 2 COMMISSION DISCUSSION: Hickory Hill Trail Development: Terry Trueblood, Director of the Iowa City Parks and Recreation Department, presented a conceptual map of the Hickory Hill Master Trail Plan. He said there was a Parks and Recreation public meeting on October 9, and about 40 people attended. He said that was the third public 'meeting held on the issue. Trueblood presented the Hickory Hill Park map and the surrounding areas. Trueblood said they had three specific goals for the consultant to accomplish in planning the trail. First, to expand the trail system especially where there is no trail. Second, to make at least a portion of the trail accessible to persons with disabilities. Thirdly, improve the current system because parts of it were put in haphazardly and are too steep to effectively maintain and easily traverse. He said the consultant presented a plan with two spine trails, one going north to south and the other going east to west. He said it might be possible or desirable to pave the spine trails with asphalt to provide both a bicycle and accessible trail through the park. He said that one thing that came out of the public meetings was that people wanted more loops for the trails, so the consultant tried to incorporate some. Trueblood said there is a neighborhood oriented area in the south portion of the park, which has both active and passive uses, and requires moderate to high maintenance. He said the north park has more of a community orientation, which is accessible mostly by vehicle. He said the yellow areas on the map are the protected areas where there is limited access, no paths and low maintenance. He said the spillway area is both passive and active use. Trueblood said the square areas with the dots are 40 acres of cemetery area in question. He said that area was purchased by the City almost 80 years ago for cemetery use, according to the deed, and if the heirs to the family that sold the land want it to be cemetery land, they may be able to sue the City and say that the original purpose for the land was to be used for cemetery. He said that in light of this situation, Council directed the Parks and Recreation Department to devise three cemetery use plans. One plan is a 30-year plan, which would increase the cemetery lot sale life by 30 years and very little land would be taken from the park. Another plan is a 10-acre plan, where that amount of land is used for cemetery purposes; this is the plan recommended by the former City Attorney. The third plan is using the entire 40-acres hnd intermingle cemetery with park use. He said the former City Attorney's interpretation was that the City did not have to use the land for cemetery unless the heirs of family that sold the land wanted it to be cemetery. Fearing said that not much more than 10 acres of the land in question is acceptable for cemetery use because of the topography. He said the edges along the square have steep contours, and would not be acceptable for cemetery use. J. Pugh asked why there would be a legal problem if the City owns the land. Trueblood said because the original deed said the land was to be used for a cemetery, the heirs could have a case against the City if the City chooses to not use the land for a cemetery. Trueblood said the majority of the vocal people at the public meetings do not want asphalt anywhere in the park. Wilson said that he spoke up at the last public meeting and said that RNAC is concerned about the environment and providing trails and connectivity to the trail system, and making the two compatible. J. Pugh suggested paving the spine trails with ground- up street material instead of using gravel or asphalt. He said it would not be safe to build a trail without a surface. Trueblood said that would be worth taking a look at. He said at the last public meeting he asked if people did not want an asphalted trail or did not want a spine trail through the park, and the vocal response was that they did not want either. They did not like the Riverfront and Natural Areas Commission Wednesday, October 15,1997 Iowa City Civic Center - Lobby Conference Room Page 3 possibilities of bicycles being allowed on the trails. Daniels said she thought that was a conflict of the purpose of the park. Wilson said it is not clear if the park should be naturalistic or a community-wide multi-use park. J. Pugh said the accessibility issue is very important. Trueblood said that paved trails would be easier to maintain, and there are a number of surfaces acceptable by ADA. He said that RNAC could send a formal recommendation to the Parks and Recreation Commission if they decide to. Wilson said a compacted gravel surface would be suitable for accessibility, and they do not have to be accessible up to ADA standards throughout the park. He said that the compacted gravel would also be acceptable for a wide variety of bicycle tires, so bicycle access would not be .a problem. Daniels said the spine trails would be flatter anyway. Wilson suggested using a softer surfacing material and put more effort into maintenance. Trueblood said they will have to put more effort into maintenance regardless of the surface. Wilson said asphalt may not be the ideal surface because it requires a lot of weight to stay compact that pedestrians and bicycles would not provide. Trueblood said that asphalt or concrete would have lower maintenance costs, higher initial costs and would be more accessible to in-line skaters and skateboarders. He said it would be easier to remove snow from a harder surface in the winter. Wilson said he got the impression at the public meeting that the vocal participants thought that a lot of traffic would be whizzing through the park area as a short cut to another area. Fearing said that people at the meeting were not so negative to using hard wood mulch as a trail surface. Trueblood said that is an expensive surface, but it meets ADA accessibility standards. Wilson said he would question the use of that material for anything other than playgrounds. He said that in keeping with the mission of providing access to all citizens, there should be some multi-use trails within the park. He said while the intersection of the spine trails may not be ideal design, it is the most environmentally responsible one. Trueblood noted that most of the trail does not go through trees, and many people misunderstood that, thinking that the City would be chopping down lots of trees for the trail. Wilson suggested that Trueblood consider compacted gravel as a surface to meet accessibility standards and restrict trail use to in-line skaters or skateboarders. Daniels said that at the last meeting Riley said this trail is not in the Commission's purview, and ?nembers need to decide if they want to be formally involved. J. Pugh suggested they all get involved individually because he did not see how the Commission would approach it. Fearing said that the two issues at the meeting were that people wanted to keep the park very pristine as well as making it a multi-use area, and there should be room for both in the park. Daniels said she thought the Commission should take a position on the issue and communicate that with other people. Riley said that the discussion has been about trail surfaces, which is not in the Commission's purview. He said they should be concerned if the trails were affecting the environment or the river, but they are doing neither so the Commission should not be involved. Daniels said she thought the Commission had a stake on how trails are developed for bicycle use, such as the Iowa River Corridor Trail. Wilson said they have characterized the Iowa River Corridor Trail as being the backbone of the city-wide trail system, and that maybe the Commission should clarify their mission. J. Pugh said it is difficult to precisely define what the Commission will be concerned about because they tend to be an overview of many issues. Wilson said trails are not specifically in the Committee's charter, unless they are interwoven with the river. J. Pugh said the Commission has not seen the discussed area. Riley said the area is still a concept. Fearing said he thought the Commission has a responsibility because it is a natural area. Daniels said she would talk to Neumann, and draft a letter in support of the trail redevelopment to the Parks and Recreation Commission, trying to stick to RNAC's charter. Riverfront and Natural Areas Commission Wednesday, October 15,1997 Iowa City Civic Center - Lobby Conference Room Page 4 Wilson said he thought they should clarify how RNAC relates to trails. Fearing said the possible cemetery was not much of an issue at the last meeting because people were so focused on the trails and surfaces. Daniels asked if the First Avenue extension was mentioned in the public meeting discussion. Trueblood said he clarified the First Avenue extension is not related to the Hickory Hill Park development plan. Trueblood showed a conceptual plan of Sturgis Ferry Park. He said they would start hauling in loads of dirt either this fall or next spring to mound and hide the recycling area. He said they were also putting in new trees and shrubs in the area. Most of the work will be done in-house and the grooming will take place in the spring. He noted that the plan did not show that there would have to be an approach light tower somewhere in the middle of the park, and access would be restricted in a 50-foot square area around the tower. He said they plan to spruce up the area and improve the current parking situation. He said the plan shows a Iow-berm, and said that some of the area is turf-like while some is a low maintenance natural grass area. He said the main thrust of the project is to make this entrance into Iowa City more attractive, and to make the park more usable. He said the airport people and the FAA are not excited about a trail going through their landing area, but that should not be a big problem in building the trail. Trueblood showed a map of Ned Ashton Park done by Steve Ford. He said the construction documents are nearly completed, and they are waiting to resolve a property trade with the adjacent land owners. He said that construction will probably start next spring. Update from the Iowa City water plant site use committee: Davidson said there is a large project underway to construct a new water treatment facility in Iowa City. He said the project involves two large parcels of property, which Davidson pointed out on the City map. He said the City is soliciting proposals for the redevelopment of a portion of the Peninsula to recoup the money used to purchase the entire site. Davidson said that the Water Treatment Plant site and the Peninsula need to be thought of as separate pieces. He said staff will ask members of RNAC, Parks and Recreation Commission and the Regional Trails and Bicycling Committee to form a subcommittee to help develop the public-use aspect of the lower peninsula area. He said that John Yapp, himself and Brad Neumann would meet to discuss the subcommittee and get that going. He said the constraints in that area deal with the wells and wellheads. With regards to the water plant site, Davidson said there are more considerable constraints so City staff and consultants have developed a plan, and want the Commission's reaction to it. He introduced Carol Sweeting, the City Public Information and Education Coordinator, and said that a preliminary plan has already been developed for that site. He asked RNAC members to react to the generated ideas. Daniels said that RNAC members will discuss the subcommittee issue at the November meeting, and said she would like as many members that want to be on the subcommittee be able to be. Davidson said that Neumann will have a better idea of the area and the constraints at that time. Davidson asked members to look at the concept plan laid out by Howard R. Green for the water plant site. He said that some areas cannot have public access because there could be a threat to the public water resource. He noted that the River Corridor Trail system will go through the area, and they hope to take advantage of as many well access roads as possible. He said there are two end points, one on Dubuque Street and the other underneath the Interstate 80 bridge, and the main challenge is to have a connecting trail through the two parcels of land. He said one idea is to have a small parking area for trail users, but staff has gotten away from developing a commuter lot on the space and having bus service going out to the area because Riverfront and Natural Areas Commission Wednesday, October 15,1997 Iowa City Civic Center - Lobby Conference Room Page 5 of possible dangere to the public water resource. He said the Butler House is on the water plant site, but it not specifically being considered for use on the water plant site at this time. Davidson said a couple of ideas genereted so far for the water plant site have been to include restrooms, have a nature center or have a public art initiative on the area. trail-like, and frame on the changing the Fearing asked how the water plant site could be City property when it is outside the City limits. Davidson said the City annexed the property in the last six months, except for the KXIC site, so it is not outside the City limits. Wilson asked why there is a Phase I site plan that has no trail development. Davidson said it was designed with the intent that the well access roads would be part of the Iowa River Corridor Trail, but they need to be made continuous. Wilson said he asked Chuck Schmadeke why the well access roads could not be more curved to appear more Schmadeke said curving the roads was doable. Wilson asked about the time reads being built. Sweeting said sometime next year. Wilson asked how to pureue roads from straight to curry. Davidson said RNAC members needed to voice their opinions and reactions on the concept plan between this meeting and the November meeting. Sweeting said the plan will be revised, go through Parks and Recreation, possibly be revised again and go before the City Council in early December. Wilson asked how much and what kind of treffic would be on the well access roads that also double as treils. Sweeting said that it would be local plant.and service vehicles, which are 19ickup trucks or larger depending on the type of maintenance required, but that the roads would have very limited vehicular use. Wilson asked how wide the roads would be. Davidson said 12 feet wide because it is a one-way facility with two-foot shoulders. Fearing noted there were no contours on the map, and said them is a steep slope. Sweeting showed a conceptual plan of the two land parcels with elevations. She said the well houses for the deep wells are done, and over the next one to two years there will be two 40-50 foot deep alluvial wells constructed, and those will be vulnerable to anything on the surface but they will give the majority of water on the site. Davidson said right now the City gets about 95% of the water from the river, and with the new wells only 10% df the water will come from the river depending on the time of year. Sweeting said there are some constreints about the soils and the way the two lagoons will have to be shaped because there is some wetland area, and there is some concern with the runoff and topogrephy. Wilson asked about detention basins for stormwater runoff. Sweeting said there is a plan to bring in a three-and-a-half acre pond into the current cropland area to take about 60 acres of water runoff. She said they plan to build a wetland above it or some type of detention basin because that area can be scrubbed, meaning that a lot of contaminants from the nearby interstate will be removed. She said the contours will be moved more toward the wet lands to be scrubbed, and on the other side there is a storm drein. Fearing asked if there would be any effect with the sand point wells. Sweeting said the sand point wells would not affect the alluvial wells because there am no sand point wells within the radius and there is a naturel barrier from the river. She said KXIC has a Silurian well, and there was no detection during June testing, so Sweeting did not see a concern. She said that they want to protect the sensitive areas in both parcels. Riley asked where the croplands would be. Sweeting said they would like to leave some of the area open to the public, but there can never be any chemicals used on the property. She said the proposed well-head protection area has a redius of 2,500 square feet around the well heads, and that would eliminate the possibility of chemical contamination. Daniels asked where the trail would cross Interstate 80. Davidson said that it will cross underneath the bridge. He said there will be an initial gap between where the treil turns off and Riverfront and Natural Areas Commission Wednesday, October 15,1997 Iowa City Civic Center - Lobby Conference Room Page 6 goes across the dam, and when Mr. Glasgow develops his property in that area. Davidson said Glasgow's property is a very rocky area, and there will probably be a cluster-type development instead of a regular subdivision. Wilson asked if the wetlands had been officially identified. Sweeting said the large lake is too deep to be classified as wetland, so they will fill it in and enlarge the area to ~10 acres. She said that the wetlands will be part created and part natural. Sweeting said the wetlands on the peninsula were officially identified. Riley asked about going through the Elks Club Golf Course to get from Iowa River and Power Company to Dubuque Street. Davidson said this fall the Elks will start grading for some new golf course holes, so they can get in next year and build the new holes. This will allow the City to get in the following year and put the road in leading to the development of the top part. He said in two years they will construct Foster Road to lead into the top development. The following year, they will reconstruct Foster Road from the idle wild development, and than construct up to the lane in 1999. He said when they finish the roads, they will make sure there are facilities to bring the Iowa River Corridor Trail into the top property. Davidson said Yapp has put together a plan with the City of Coralville to take a trail from the west side of the dam up to Edgewater Park. Yapp said that there is no timing on the project yet and they are still in the planning stages, but they are trying to fold the project' into the First Avenue reconstruction. Sweeting said the quarry is also a water site, so people cannot swim in it. Wilson and J. Pugh suggested making formal comments about the water plant site at the November meeting. Daniels said that RNAC members should plan for the November meeting to run at least until 7:30 p.m. Thayer asked if there were areas the public must be excluded from. Sweeting said the lagoons, and at one time it was thought the quarry was too dangerous because it was so deep. She said they are working to stabilize the banks, and if they could make it so that no motorized boats or water vehicles were allowed in the quarry people would not be excluded from the area. J. Pugh asked what type of fencing will be around the lagoons to keep people away. Sweeting said the type has not been finalized, and the quarry would be open. Sweeting asked RNAC members to offer any suggestions regarding potential public use'and safety because right now the water plant staff is focusing on how to keep themselves and the water §ources safe, but they would like more input on how to keep the public safe. She said that the quarry has a sand and gravel bottom, not a rock one. JCCOG Regional Trails and Bicycling Committee update: Yapp said that an informational memo about the regional trails is enclosed in the agenda packet. He gave brief updates on the Burlington Street to Napoleon Park portion of the Iowa River Corridor Trail, the Iowa City Willow Creek Trail, the Iowa River Power Company Dam reconstruction project, the Park Road to Taft Speedway Improvements, North Liberty Trail, Coralville North Ridge Trail and the Johnson County Trails. Yapp passed out a sheet with trail counts on the IRC trail that were taken near Hancher Auditorium. He noted that without the trail, people would be using the street system for transportation, and there was only one skateboarder counted riding on the trails. Notice of three vacancies for RNAC: Yapp said that applications for the three positions are due November 4. He reminded current Commission members that they need to formally reapply for their position if they were interested in remaining on the Commission. Riverfront and Natural Areas Commission Wednesday, October 15,1997 Iowa City Civic Center - Lobby Conference Room Page 7 Comment on ISTEA Reauthorization: Yapp noted a memo regarding the ISTEA Reauthorization in the agenda packet, and instructed members to look over it. Special Events Subcommittee Report: Riley, Goetsch and Gdmm passed out an outline with their ideas regarding special events to get the City more interested in the river. Wilson said there used to be a River Awareness Month. Davidson said he liked the idea of canoe tours, and things that people could do at the river. Yapp said some of the proposed activities could be tied in with other organized groups, like the Boy or Girl Scouts. Wilson said some of the activities could be a catalyst to get people back to the river. Riley asked Commission members to review the subcommittee's work and they could discuss any new ideas at the November meeting. OTHER BUSINESS: There was none. ADJOURNMENT: The meeting was adjourned at 7:18 p.m. Minutes submitted by Traci Howard. ppdadmin\mlns\mac1015.doc IOWA CITY HUMAN RIGHTS COMMISSION MINUTES September 22, 1997 Meeting COMMISSION MEMBERS PRESENT: Pat Harvey, Mel Dautremont, Joan Jehle, Diane Martin, Jan Warren, Tom Dickerson, Mary Theisen COMMISSION MEMBERS ABSENT: Ann Shires STAFF PRESENT: Heather Shank, Becky Lutkenhaus (intern) CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:11 p.m. APPROVAL OF MINUTES: Martin/Warren. The Minutes from the August meeting were approved. RECOMMENDATIONS TO COUNCIL: None. INTRODUCTION: Shank introduced Becky Lutkenhaus, who is a third year law student doing an internship in the Human Rights Coordinator's Office. COMMISSION VACANCY: Shank passed out posters regarding the Commission vacancy created by Dereck Hall's resignation. Commissioners were asked to post same. Council will appoint the new Commissioner at their October 7, 1997 meeting. UPDATE: IOWA CIVIL RIGHTS COMMISSION - Fall Retreat/Sexual Orientation The Commission again took up the issue of whether and what kind of response they wished to make to the ICRC regarding their unwillingness to discuss adding sexual orientation to the State code at their Fall Retreat. Shank had previously read in the media that ENDA was going to be coming up for a Congressional vote on September 5. Apparently this was inaccurate. ENDA is currently being discussed in four different subcommittees, and no one knows when it may be coming up for a vote. Shank reported that Mary Mascher had indicated she was going to propose state legislation regardless (of the ICRC's decision), but Mascher was sure it wasn't going to pass. Theisen suggested that perhaps ICHRC should just concentrate their efforts on the state legislature instead of the ICRC. Harvey pointed out that another option would be waiting until after the first of the year and making another push to get ICRC to consider the issue at their Fall '98 Retreat. Warren indicated that she felt the Commission needed to take a more systematic approach to gathering support to present to ICRC. Martin suggested that the Commission should at least send a letter expressing its disappointment in this year'S decision, and its intention to raise the issue again in 1998. Harvey said she would draft a letter, and Shank will send it to the IC Commissioners for approval. The letter will be mailed to each individual State Commissioner, Don Grove, and all of the local commissions across Iowa. ORDINANCE REVISION - ADMINISTRATIVE CLOSURE: The packet contained the proposed changes to the ordinance to allow for administrative closure. Harvey made one suggested change to keep the usage of the term "Human Rights Commission team" consistent throughout the proposed changes. It was moved that the proposed changes (as revised) regarding administrative closure be made to the Human Rights Ordinance. Dautremont/Warren. The matter will be included on the October agenda as a Recommendation to Council. Human Rights Commission September 22 1997 Minutes Page 2 TRANSGENDER MOVIE - A majority of the Commissioner have had a chance to view the transgender movie. Harvey thanked Shank for her excellent efforts in making such a wonderful and professional video. The premiere was discussed. Shank suggested this should take place in the evening, and indicated that a number of the video participants have agreed to appear as part of a panel discussion following the premiere. Publicity should try to reach local employers and attorneys. Shank said she will contact the Chamber and various ~ther employer groups of which she's aware, as well as posting flyers. November 5, 11, and 12 were discussed as potential dates. Shank will check the library for availability, and will check the panel member's schedules. DIVERSITY TEAM AND STUDY CIRCLES - (UPDATE) - Shank reported that the three endorsement letters have been sent; Jim Fausett's has signed and returned his. Warren said she would follow up with Mary Sue Coleman. The Planning Group meets again this coming Thursday, September 25. This item will appear for updates on the agenda each month until the team is up and nmning. Shank reported that Susan Beckett will not be wor _ldng with the Diversity Team as a student because her adviser told her she needed to be focusing on her course work and not on her practicum. HUMAN RIGHTS BREAKFAST: The Nominations Committee will consists of Dautremont, Warren, and Shires. Discussion was held regarding the current lack of nominations. Ticket sales are good for this far in advance of the breakfast. Jehle indicated that the Commission should follow the policy of automatically having last year's nominees re-activated. OLD BUSINESS: Human Rights Iowa City: The next meeting is Wednesday, September 24, at 7 p.m. Theisen and Harvey attended the last meeting. Harvey said she could attend the next meting. Human Rights 98: Shank attended the last meeting. They have a new logo, which Shank described as exceptional. There has not been a lot of discussion of_community involvement at these meetings. The proposed speakers are extraordinary, and Shank strongly encouraged everyone to attend as many of these presentations as possible. HR98 has inquired whether ICHRC would consider giving some sort of International Human Rights Award at the '98 breakfast. This matter will be placed on the agenda for October. Movie Subcommittee: Harvey, Warren, Dickerson, and Martin had formed a proposed movie subcommittee. Scheduling was discussed, with an' initial proposal of three movies per semester. Budget and staff constraints were discussed, as well as more effective ways of advertising. Shank said she thought the budget could support five films. The subcommittee will pick titles and draft advertising. NEW BUSINESS: University of Iowa Hospitals & Clinics: Shank discussed some information she got regarding grant money that's available connected to education/efforts re: people with disabilities. The timeline for proposed projects is extremely short, however. REPORTS OF COMMISSIONERS: Dautremont: On October 4, Tim Miller (one of the NEA 4) will be performing in Cedar Rapids. Jamaica Kineaid is speaking at Prairie Lights on October 27. Warren: Spoke to the LesBiGayTrans student group re: the Human Rights Commission. 09/23/97 transcribed by kkc Human Rights Commission September 22 1997 Minutes Page 3 STATUS OF CASES: The Team C appeal has been withdram; the Complainant has asked that the case be sent to the State for review. One (employment) case was successfully mediated for $40,500. There is another case scheduled for mediation this month. There are two cases in Legal. NEXT COMMISSION MEETING: Monday, October 27 at 7 p.m. in the Civic Center Lobby Conference Room. ADJOURNMENT: The meeting adjourned at 8:25 p.m. Dautremont/Dickerson. 09/23/97 transcribed by kkc IOWA CITY HUMAN RIGHTS COMMISSION MINUTES October 27, 1997 Meeting COMMISSION MEMBERS PRESENT: Pat Harvey, Mel Dautremont, Joan Jehle, Diane Martin, Charles Major, Jan Warren, Ann Shires COMMISSION MEMBERS ABSENT: Tom Dickerson, Mary Theisen STAFF PRESENT: Heather Shank, Kaci Car01an, Dale Helling GUESTS (PUBLIC) PRESENT: Art Vincent CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:05 p.m. APPROVAL OF MINUTES: The Minutes from the September meeting were inadvertently omitted from the agenda packet. Therefore, approval of the September minutes was postponed until the November meeting. INTRODUCTION OF PUBLIC PRESENT: Chairperson Harvey introduced Art Vincent to the Commission. Mr. Vincent is considering applying for one of the Commission seats coming open in January. RECOMMENDATIONS TO COUNCIL: The Commission recommends to the City Council that a public heating be set on the administrative closure revisions to the Iowa City Human Rights Ordinance. Warren/Martin. INTRODUCTION OF NEW COMMISSION MEMBER: Chairperson Harvey introduced Charles Major. Commissioner Major was chosen to fill the unexpired .term resulting from Dereck Hall's resignation. UPDATE OF CITY OF IOWA CITY EEO REPORT: Shank reported on the new EEO numbers that were provided by Sylvia Mejia, City of Iowa City Personnel Administrator. In response to the Commission's inquiries last year and the charts/figures prepared by Intern Joy Zieler, Ms. Mejia had made revisions. The prior figures were correct, but the categories utilized to break them down were incorrect. Employees were being placed in inappropriate categories. Ms. Mejia revamped the system to make sure that employees were placed in correct categories based on their actual job definitions. Almost immediately thereafter, however, the EEOC indicated that they wanted the numbers done differently, so Ms. Mejia had to start over with a new system. Shank pointed out that the old system was broken up by department. Therefore, if a department only had 3 employees, one of whom was African-American, then their figures would show them as 33.3% black. If that one employee left, however, the department would show a 33% loss of minority employees--which while mathematically correct, implies a much larger change than the departure of one singular employee. Theoretically, this just wasn't a good reporting system, so EEO is going to look at the City as a whole. Shank indicated that in terms of an Affirmative Action policy, everyone was waiting to see what the Supreme Court was going to do in the case it accepted for hearing this term. (The case, Taxman v. Board of Education of the Township of Piscataway, regarded two teachers, one black, one white, with equal tenure and equal qualifications. The school needed to terminate one of them, and chose to fire the Caucasian teacher in order to maintain diversity within their faculty. The question for the Court, in the simplest terms, is whether or not an employer may use race as a deciding factor when all other factors and job qualifications are equal.) Human Rights Commission October 27 1997 Minutes Page 2 OLD BUSINESS: First Diverse-Cities meeting: The first meeting was held October 16, in the Coralville City Council Chambers. Over 200 invitations were sent out to individuals in City government (City of Iowa City and Coralville), University personnel, business people, individuals in education (both K- 12 and University), religious groups and churches, etc.--basically anyone the steering group could think of who might be interested in being on the Team. Approximately 20 people attended the meeting, but at least 20 more indicated that they had scheduling conflicts but wanted to be notified of future meetings. Diane Finnerty led a sort of brainstorming session identifying issues of concern, problems, areas where the Team could contribute, and projects on which the Team might want to work. Warren indicated that the attendees had a number of ideas and suggestions. There was a nice cross- section of people and a nice cross-section of concems. Although many of the concerns centered around racism in some way, there were many different approaches suggested. Warren also indicated that there was a strong sentiment expressed that this be a group of community members (as opposed to individuals from official groups or offices or organizations). There seemed to be a desire to have neighborhood or block party subgroups, so people can sit down with their neighbors and address these issues. The group was asked to sign up for various roles (steering committee, subcommittees, liaisons, etc.). The original steering group plans to pull this information together at their next meeting, so that the D-Team can become a self-propelled entity. It sounds as if there will need to be another meeting of the D-Team as a whole, to allow everyone who wasn't able to attend the first meeting to become familiar with the structure and concepts and information. Shank additionally indicated that the County Board of Supervisors had asked her to come speak to them to explain the D-Team. Shank did so, and the Board has indicated that they will assign a member (Jonathan Jordahl) to the D-Team. Shank has also spoken with Rabbi Jeff Portman. Rabbi Portman indicated that a number of people on the Ecumenical Council hadn't received an invitation, although we sent invites to over 70 churches (all the ones on the Press Citizen's weekly list). Rabbi Portman said that since we didn't delineate the pastors by name, perhaps the letters were overlooked. In any event, a number of people on the Council said they wanted to be part of the Team, so we'll try to announce the next D-Team meeting at the Ecumenical Council meeting. Human Rights Breakfast '97: We have approximately 170 tickets sold, as opposed to 138 sold last year. A discussion of how best to collect the tickets and control admission was held. Martin and Warren agreed to stand at the doors and take tickets. Car01an will have lists of those who purchased tickets cross-referenced in several different ways, to check against for people who either forget their tickets or are attending in someone else's stead. ICRC Letter re: sexual orientation and the State Code: The agenda packet contained a draft letter to the State Commission regarding ICHRC's recent efforts to get ICRC to consider recommending the addition of sexual orientation to the state legislature. The letter expressed the Commission's disappointment at the State Commission's declination to even include the topic on their Fall Retreat Agenda. A motion was called on sending the letter. Dautremont/Martin. International Human Rights Award at '98 Breakfast: As has been previously discussed, there will be a year-long celebration/series of programs in 1998 to honor the 50th anniversary of the Human Rights Commission October 27 1997 Minutes Page 3 signing of the Universal Declaration of Human Rights. In light of this., the Commission has been asked whether the? would consider giving a one-time, special International Human Rights Award at next year's breakfast. Harvey indicated she'd like more information, particularly regarding the parameters of the award, and whether ICHRC would be expected to define the award. Shank indicated she'd get more information. Some discussion was held as to whether we could pinpoint the date of next year's breakfast. Since the date usually revolves around the availability of the speaker, discussion was then held regarding possible speakers for next year. Suggestions included Burns Weston, Ray Haines, and Dorothy Paul. NEW BUSINESS: Vacancies: There are three vacancies on the Human Rights Commission for terms commencing January t, 1998. Shank had sent posters to all the Commissioners for posting, and Joyce Carmen volunteered and posted a number of the flyers. Transgender Film: The premiere of the transgender film is set for Tuesday, December 2, 1997 at 7:00 p.m., in the Public Library, Meeting Room A. There will be a panel discussion with the film participants immediately following. Shank inquired whether the Commission would want to recognize Jerry Nixon in some way, because he truly went above and beyond the call of duty in helping Shank make this film. Jerry not only spent evenings editing the film, but during the interviews, he often would think of additional questions for the participants. The Commission indicated they'd like to present Jerry with a plaque. Shank will contact the Commissioners with the draft language. Ban Bus Tour: Shank talked to Tom Baldridge, who is workhag on the rally for the Ban Bus Tour. He asked if the Commission knew of any place where he could get free apples, because his group (the Iowa City Foreign Relations Committee) couldn't afford apples for the rally. Shank agreed to bring the matter up, although she reiterated to Baldridge that our understanding was that being listed as sponsors of the event specifically did not entail any financial obligation. Ray Haines: Because the ICHRC is acknowledged in his new book Discrimination, Harassment, and the Failure of Diversity Training: What to do Now! Ray Haines has given an autographed copy to the Commission. Iowa State Bank: The Commission received a letter from Iowa State Bank regarding Community Reinvestment Act funds. ISB was requesting any comments or ideas for the use of CRA funds. Suggestions included: some way to minimize or eliminate the downpayment needed to purchase a home (because many people can manage the monthly mortgage payments, but simply cannot come up with the downpayment); creative/proactive ways in helping to financially support and subsidize low-income housing; help finance accessibility conversions for current residents. Shank agreed to contact JCCOG to find out what they had in mind as well. REPORTS OF COMMISSIONERS: Major: reported about a growing controversy in St. Louis, where the KKK wants to place a radio advertisement on St. Louis' University NPR station, along the lines of "support for this program was provided by .... "The station mined them down, and the KKK has indicated they intend to go to court over this issue. Major brought it up because it could easily happen at another University station, such as Iowa City's. Jehle: There was some discussion of Helene Lubaroff's editorial in the Press Citizen (responding to the theater review that included commentary regarding her husband Saul, who has Tourette's Syndrome). Human Rights Commission October 27 1997 Minutes Page 4 Harvey: Reported on the Human Rights Iowa City candidate foram. Theisen and Warren also attended. There were perhaps 25-30 people there. Warren: Reported on the Lt. Governor's Faces and Voices conference, at which Shank and Alison Ames Galstad gave a presentation on the Diverse-Cities initiative. The presentation was very well received. Warren said people from other communities and committees are really looking to Iowa City to lead the way and show them how to do things. Dautremont: addressed briefly the article included in the packet regarding other communities' efforts to add sexual orientation to their municipal ordinances. Davenport has apparently tabled the issue. Shank and Carolan reported that they've been contacted by cities in other states who are attempting to change their local ordinances, and are meeting with strong opposition. Shires brought up that a city in Ohio (Cincinnati) recently voted in an ordinance which would prohibit sexual orientation being mentioned as a protected category. Shank noted that this is a direct affront to the Supreme Court's decision in the Colorado case (Romer). Martin: Noted that the University has started their University Dialogue Groups, as previously reported to the Commission by Diane Finnerty, from the University's Office of Affirmative Action. The groups will meet once a week for six weeks. Martin was scheduled to attend one later in the week, and will report next month. Shank: passed around a handout from the Iowa City Community School District regarding a potluck supper. Several Commissioners indicated they would attend. Shank: HR98 and HRIC and ICHRC are all working to support the 1998 Human Rights Celebration of the 50th signing of the Universal Declaration of Human Rights. Dorothy Paul of UNA wants to run a full page ad in the newspaper on the actual anniversary. She has organized funding for same, but the supporters providing the funding wanted 1000 signatures in support of the declaration/advertisement. Shank indicated it might not be appropriate for her to solicit signatures, but the Commissioners could go ahead and do so. Dautremont: There's a celebration at the African-American Cultural Center on November 1. She also reported on the Community Organization Day at Old Capitol Mall in October. ICHRC did not have a table this year because they keep sending the information to a past Commissioner (despite Shank's notifying them of her correct address) so that we never got the registration info. Warren: Indicated that on October 30 at Old Brick there's going to be a Day of the Dead celebration. STATUS OF CASES: Two cases went out on Right to Sue letters. Two No Probable Cause decisions were issued. · Team A has a case. Team C has a case. There was one withdrawal at the Complainant's request. One case was administratively closed due to non-cooperation from the Complainant. There is still one mediation pending completion, and another mediation is scheduled for November. NEXT COMMISSION MEETING: Monday, November 24, 1997 at 7:00 p.m. in the Lobby Conference Room. ADJOURNMENT: The meeting adjoumed at 8:06. Dautremont/Warren. 11/03/97 transcribed by kkc AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE OF THE CITY OF IOWA CITY, IOWA, TO ALLOW FOR ADMINISTRATIVE CLOSURES OF HUMAN RIGHTS COMPLAINTS THAT DO NOT WARRANT FURTHER INVESTIGATION. Whereas, Title 2 of the City Code, the Human Rights Ordinance, does not include a procedure for the administrative closure of a complaint when further investigation is unwarranted; and Whereas, Title 2 of the City Code, the Human Rights Ordinance, refers to administrative closure in Section 2-4-9(B); and Whereas, the Iowa City Human Rights Commission believes the authority to administratively close complaints that do not warrant further investigation will result in a more efficient human rights complaint process; and Whereas, the Iowa City Human Rights Commission believes both complainants and respondents will benefit from having a decision as to the status of the complaint in a more timely fashion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 4 of Title 2 of the City Code is hereby amended by: a. Adding the following to Section 2-4-2© as a separate and distinct unlettered paragraph after subsection C of said section: The Commission may draft and mail to the parties written questionnaire/document requests to which respondent and complainant are required to respond. Answers and documents are to be received in the Human Rights Coordinator's office within 30 days of the receipt of the questionnaire/document request unless an extension has been granted by the Coordinator or Investigator. b. Deleting subparagraph "D" of Section 2-4-2 and substituting the following in lieu thereof: D. After reviewing materials responsive to the questionnaire/document request, the Human Rights Coordinator or Investigator shall determine whether the complaint warrants further investigation. If the Coordinator or staff finds there is a reasonable possibility of a probable cause determination or the legal issues present in the complaint need further development, the Coordinator, or an authorized member of the Commission's staff, shall promptly investigate the complaint. A complaint determined not to warrant further processing by the Coordinator's office shall be reviewed by the City Attorney and a Human Rights Commission team. If it is determined that the complaint does not warrant further investigation, it shall be administratively closed. Notice of such closure shall be promptly served upon complainant. Such notice shall state the reasons for administrative closure. c. Relettering subparagraphs to "E", "F", and "G" of Section 2-4-2 as "F", "G", and "H". d. Adding new subsection "E" to read as follows: E. A complainant may object to the administrative closure and request review within ten(10) days of receipt of written notice. If a complainant makes a timely written request for review of the administrative closure, the Human Rights Coordinator, City Attorney, and representatives from the Human Rights Commission shall prorhptly review the complainant's request and all relevant material. If after review, it is determined that the complaint does not warrant further processing, the Commission shall close the file and notify complainant and respondent of the final decision of administrative closure. If, after review, it is determined that there is a reasonable possibility of a probable cause determination or the legal issues presented in the complaint need further development, the complaint shall be investigated. e. Deleting the words "conciliation team" from subparagraph "A". "B", and "C' of Section 2-4-3 and substituting in lieu thereof, "human rights commission team."