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HomeMy WebLinkAbout1996-03-05 Bd Comm minutesMINUTES DESIGN REVIEW COMMITTEE TUESDAY, JANUARY 16, 1996 MEMBERS PRESENT: Laura Hawks, Randy Rohovit, Clara Swan, Karyl Larson, Philip Reisetter MEMBERS ABSENT: Bill Nowysz, Marty Haynes, Nancy Foother, Gary Nagle STAFF PRESENT: David Schoon CALL TO ORDER AND INTRODUCTIONS Chair Laura Hawks called the meeting to order at 4:14 p.m. DISCUSSION OF THE PROPOSED DESIGN REVIEW OVERLAY ZONE ACTIVITIES Schedule of Ul~comin~ Meetinos. Schoon reviewed the proposed schedule that was included in the Committee's packet. Swan noted sending letters to the groups the Committee has spoken with asking for their support. After considerable discussion, the Committee agreed to stick with the proposed schedule rather than attempting to speed up the process by the Committee holding a special meeting. The intent of the Committee then is to take the proposed design review overlay zone ordinance back before the Planning and Zoning Commission in early March, unless the response to the proposed ordinance at the public forum later this month makes the Committee reconsider this time schedule. For the newer Committee members, the Committee members reviewed the history of design review in Iowa City and the proposed design review overlay zone ordinance and in particular the most recent history of taking the ordinance before the Planning and Zoning Commission. Presentations to Orqanizations Update. Swan reported on the recent presentations to community organizations. These included presentations to the Iowa City Public Library Friends Foundation and Iowa City Business and Professional Women organization. She reported that the topic of design review was well received by both organizations, and that the Committee could possibly expect support from each group. Swan suggested that Committee once again approach the Rotary clubs and other similar service organizations about making presentations at their February meetings. Larson stated that she would once again call the Rotary clubs. Public Forum with Downtown Business and Property Owners. Hawks reminded the Committee members of the public forum to be held on January 23, at 1:30 p.m. in Library Room A of the Public Library. All Committee members were encouraged to come. Awards for Design Excellence Uodate. Schoon reported that the Committee has received only one nomination from the public and that the subcommittee would be meeting on Wednesday to make its own nominations for the awards. The Committee spent some time preparing a list of additional projects which they want the subcommittee to consider nominating. Design Review Committee January 16, 1996 Page 2 ANNUAL ELECTION OF OFFICERS Hawks opened the floor for nominations for chair of the committee. Swan nominated Haynes for the position of committee chair. Reisetter seconded the nomination. Seeing there were no further nominations, Hawks closed the floor to nominations. Swan stated that she had spoken with Haynes and that he is willing to serve as chair. Haynes was elected chair by a vote of 5-0. Hawks then opened the floor for nominations for vice chair of the committee. Hawks nominated Swan for the position of committee vice chair. Reise~ter seconded the nomination. Seeing there were no further nominations, Hawks closed the floor to nominations. Swan was elected vice chair by a vote of 5-0. APPOINTMENTS TQ THE BANNER COMMITTEE Reisetter moved to appoint Gary Nagle and Randy Rohovit as representatives to the Banner Committee. Swan seconded the motion. The motion carried by a vote of 5-0. CONSIDERATION OF THE MINUTES OF THE DECEMBER 18. 1995. MEETING Reisetter moved to approve the minutes of the December 18, 1995, meeting. Swan seconded the motion. The motion carried by a vote of 5-0. PUBLIC DISCUSSION There was none. COMMITTEE DISCUSSION There was none. ADJOURNMENT Hawks adjourned the meeting at 5:30 p.m. Minutes submitted by David Schoon MINUTES DESIGN REVIEW COMMITTEE MEETING TUESDAY, FEBRUARY 20, 1996 - 4:00 PM CIVIC CENTER LOBBY CONFERENCE ROOM PREUU]NARY Subject to Approval Members present: Gary Nagle, Laura Hawks, Randy Rohovit, Karyl Larson, Phillip Reisetter, Marty Haynes, Bill Nowysz Members absent: Clara Swan, Nancy Foother Staff present: David Schoon, Brad Chamberlain Others present: John Jablonski, Patrick Wallace, George Mihalopoulus, Julie Spencer, David Stookey, Kimberly and John Phillips, Shannan Cassidy, Chris Mentag · RECOMMENDATIONS Recommended, by a vote of 6-0, to the City Council that with the adoption of the Design Review Overlay Zone Ordinance that the City Council also adopt a resolution of intent to comply with Design Review Overlay Zone Ordinance. Recommended, by a vote of 6-0, that the Council implement the Alternate Bid Items as part of the Burlington and Gilbert Street intersection improvements. CALL TO ORDER AND INTRODUCTIONS Chair Marty Haynes called the meeting to order at 4:1 5 p.m. REVIEW APPLICATIONS FOR CITY PLAZA VENDING PERMITS Schoon stated that the Committee was only considering the appearance of the vending carts. Further vending cart criteria would be handled by City staff. Haynes stated that only five spaces were available between the eleven vendor applicants. The Committee then rated each cart vendor on appearance. The base rating could also be contingent upon the application completing certain suggestions from the Committee. The ratings of each cart can be found on the attached sheet to the minutes. Shannan Cassidy representing the Bean Cart spoke first. Cassidy stated that the logo was up in the air and the cart would be designed to meet required specifications. Haynes stated that the design was hard to evaluate due to many unknowns. Hawks, Nowysz and Larson all commented that the proposed logo needed to be better incorporated with the design and color of the cart. The Canterbury Coffee Company was discussed next. Nowysz stated that the logo and graphics looked good, but was unclear where the logo with the horse and man would be on the cart. Nowysz liked the colors and the way the cart was constructed. Rohovit stated that the canopy and design looked good by incorporating the medieval concept into the cart. The font and detail under the tarp portion also looked good. Nagle stated that he would like more Design Review Committee February 20, 1996 Page 2 explanation about the logo design for the cart as well as other "unknowns" concerning the cart. John Jablonski, representing the Sno-Cart, stated that the sign as shown would be professionally drawn and the font "frankfurter" would be used for the lettering, which is a rounded, balloon looking font. He stated that the lettering would either be multi.colored or black, and the background would be yellow. Rohovit stated that the curvilinear design on the umbrella was nice how it scooped down. Nagle wanted more information concerning the design. Larson stated that the design was nice and liked the font design and how it would carry through the lines. Hawks stated that the design was all tied together and was a good design. The Committee then discussed the Mr. P's cart. Pat Wallace, representing the Mr, P's cart, stated that the cart would sell hot dogs and that there would be a chalkboard used for the prices. Nagle stated that the cart needed some more professional finishes and a professional look. Nagle stated that he wouldn't like the chalkboard addition, but would like to see the prices hand painted on the cart. Larson stated the cart didn't have its own identification and that the lettering should be enhanced. The Seattle Coffee Company was discussed. Chris Morttag stated that a new refurbished sign would be added to the cart using the same ideas as before and the same color. Haynes stated the base color could be changed for more variety. Rohovit concurred with Haynes concerning the base color. George Mihalopoulus represented the Gyro's by George cart. Mihalopoulus stated that the cart was refurbished a few years ago and a new awning has been added. Haynes stated that the chalkboard in front didn't look aesthetically pleasing, but felt that it fit in with the identity of the stand. Nowysz stated the he would like to see the prices hand lettered on the cart instead of using the chalkboard. Larson liked the chalkboard menu and stated that the detail on the cart was wonderful. Julie Spencer, representing the Chicago Grill cart, stated that the Chicago Grill stand was re- lettered and repainted as needed. A new umbrella had been added, but Spencer was also considering a pagoda style umbrella. Hawks stated that she liked how all the products tied into the design. Nowysz stated that the wheels on the cart were nice and that it was all in proportion. Nowysz liked the umbrella and how it fit into the overall look of the stand. Nagle stated that this cart was an exciting cart with the many colors in the umbrella and the cart. Haynes stated the colors added a great dynamic to the stand. David Stookey, representing the World Fruit Market cart, stated that the flags on the cart were loose flags. The body of the cart was done in a bright finish. The awning sloped back more to a hut or fruit like shape. The same font was being used in the cart; however, the letter system had been replaced, The cart was exactly 4 x 8 x 6 ft. Nowysz stated that the design colors were effective and the use of real flags looked nice. Nagle stated that he would like to see a more stylized font. Haynes stated that the cart looked bulky. Design Review Committee February 20, 1996 Page 3 David Stookev also represented the Oriental Express cart. He stated that the cart had a black bright gloss. The nylon top was a bright red. The lettering was a gold foil or bright brass finish. Two brass lanterns would be hung on each end of the cart. Nagle stated that he didn't like the boxiness style of the cart and would like to see a more stylized font used for the name. Nagle liked the color combination of the cart. Nowysz liked the look of the brass parts of the cart. Kimberly and John Phillips represented the Noodles and Kabobs stand. Kimberly stated that the name of the cart would be Thai Noodles. The stand was designed to be simple with a simple color scheme. The menu would include a Thai noodle salad and a veggie skewer. Nagle stated that he liked the lettering but didn't like the boxy appearance and would like to see it changed. Larson stated that the cart looked nice and that she liked the lettering on the Thai Noodles sign but felt the cart needed some identity. Nowysz stated that the theme, colors and logo of the cart could be different. Nowysz would like the design to be taken further. Rohovit stated that he would like to see improvement to the cart and it could reflect the food selection better. Phillip Reisetter arrived at 5:02 p.m. Schoon stated that Christina Lacock had called him relaying information concerning the "Smoothie" cart. The cart comes from the Freshens corporate headquarters custom designed. Larson stated that the graphics looked really nice but didn't like the box¥ shape of the cart. Haynes stated the cart was hard to rate due to the many unknowns about the cart. Rohovit stated that he had concerns about the corners of the cart and whether the design represented the true colors of the cart. Nagle stated that he was concerned about the graphics of the cart. It was almost too much. Schoon stated to the Committee and others that he would calculate the average score for each cart and give that information to the staff committee. The score would be given as appearance points. A latter from the city manager's office would be sent to the vendors as to whom was selected for the five permits for the pedestrian mall. Haynes thanked all the people for coming to the meeting. He stated the carts were a good addition to the pedestrian mall. A question was brought up concerning the possibility of adding more permit spaces downtown. Schoon stated that there were no discussions at this time to increase the number of permits. DISCUSSION OF THE PROPOSED DESIGN REVIEW OVERLAY (ODR) ZONE ACTIVITIES Haynes stated that the last presentation was given to the Board of the Chamber of Commerce. The Chamber seemed receptive to the ideas of the design review though they had questions. The Chamber would find out other members opinions and soon formulate a position. Hawks stated that the Committee would be giving a presentation to the Downtown Association in the near future. Larson stated that she had been in contact with the Rotary clubs trying to set up a meeting time with them. Nagle briefly interrupted the meeting with questions about the Design Awards program. Schoon stated that the jurors will judge the projects on March 15th, and he encouraged Design Review Committee February 20, 1996 Page 4 Committee members to join them for lunch. On March 26, the awards will be presented at the City Council meeting. Haynes thanked David Schoon for all his hard work and effort to make the awards a success. Nagle left the meeting at 5:25 p.m. CONSIDERATION OF THE DESIGN REVIEW OVERLAY ZONE (ODR) ORDINANCE AND DESIGN REVIEW COMMITTEE BY-LAWS AMENDMENTS It was noted that at the public forum held, there were some reservations made by the public about the additional regulations of the Design Review Overlay Zone Ordinance. Members of the public asked if the City would benefit from the design review process and comply with the ordinance. Rohovit stated that the impression was the people were skeptical that the City would comply with the ordinance. Schoon stated that given that the City {or any government entity) is not required to meet the requirements of the zoning ordinance, the CiW Council will have to determine whether it wishes to comply or not with the ordinance. Haynes questioned as to how the City Council would take a position on ODR Zone Ordinance. He asked if the Committee could send a recommendation to the City Council that the City be bound by the ODR ordinance. Schoon stated the City Council could agree to a resolution of the intent to comply with the requirements of the ODR ordinance, similar to the resolution the Council adopted regarding the recently adopted Sensitive Areas Ordinance. Schoon stated that at the March 7 Planning and Zoning meeting the ODR ordinance will be considered again by the Commission. Schoon said he would send out a letter to people interested in attending the meeting, Haynes asked if some individuals could be sent a special letter requesting their support and also contacting them by phone. The Committee then discussed various names of individuals to send letters to. Redressing the issue of compliance, Hawks felt that the City should comply with the ODR Ordinance and that the Committee make such a recommendation to the City Council. Hawks moved to recommend to the City Council that with the adoption of the ODR Zone Ordinance that the City Council also adopt a resolution of intent to comply with the ODR Zone Ordinance. Rohovit seconded. The motion carried by a vote of 6-0. UPDATES Schoon stated that the Burlington/Gilbert Streets Intersection Improvement project was proceeding. The City was working with the Near Southside Design Plan and the DOT to come up with a plan to include streetscape improvements, The City is going to use pressurized brick pavers instead of concrete pavers and that the DOT has approved the brick pavers. Two different colors of brick would be used to meet the intent of the ADA requirements: one color in the parkway and another color in the crosswalks. Schoon then discussed the specific design of the intersection with the Committee, Two bids would be accepted for the project. The first bid would be for the intersection improvements without the streetscape improvements. The other bid would be for the streetscape improvements (alternate bid items), whmh the engineer estimates to cost Design Review Committee February 20, 1996 Page 5 approximately $100,000. Haynes asked if the Committee should write a letter to the City Council in suppor~ of the alternate bid items and let this project become a standard design for the Near Southside project, It was noted by the Committee that others in the community would not be encouraged to put in specifications in new projects that reflected the Near Southside Deaign Plan unless the City has not first put the items in and created a link by which others would follow. Hawks moved that the Council Implement the Alternate Btd Items as part of ~he Burlington and Gilbert Street Intersection Improvements. Rohovit seconded. The motion carried be a vote of 6-0. CONSIDERATION OF THE MINUTES OF THE JANUARY 16, 1996, MEETING Schoon had two minor changes to the minutes. Reisetter moved and Hawks seconded to approve the minutes as amended and corrected. The motion carried by a vote of 6-0. PUBLIC DISCUSSION There was none. COMMITTEE DISCUSSION There was none, ADJOURNMENT Haynes adjourned the meeting at 6:12 p.m. Minutes submitted by Brad Chamberlain ecodev, mir~.drc2*20 City of Iowa City MEMORANDUM Date: February 28, 1996 To: From: City Council Martin Haynes, Chair Design Review Committee Re; Burlington and Gilbert Streets Intersection Improvements At the February 20, 1996, Design Review Committee, the staff presented an update to the Committee regarding the proposed improvements to the Burlington and Gilbert Streets intersection. The Committee greatly appreciates staff's work of trying to include streetscape elements of the Near Southside Design Plan into the proposed improvements. Given that the plan only provides a general description of the types of streetscape improvements that could be made in the area, the Committee believes the staff has done an admirable job of incorporating these streetscape elements while working within the requirements of the Iowa Department of Transportation. At that February 20 meeting, the Committee recommended, by a vote of 6-0, that the Council implement the Alternative Bid Items as part of the Burlington and Gilbert Street intersection improvements. The Committee believes the most realistic means of implementing elements of the Near Southside Design Plan are to incorporate them as private or public projects occur. Given that the City is already making improvements to this intersection, the Committee believes {his is an opportune time to begin to implement elements of the plan. The treatment of this intersection will set a quality of design precedent for the future private and public projects in the area. Also, given that the private sector has shown a commitment to the redevelopment of the area by constructing new buildings in area, this project provides the City another opportunity to demonstrate its financial commitment to the redevelopment of the area. A representative form the Design Review Committee will be present at both the March 4 work session and the March 5 public hearing on this item. If you have any questions beforehand, please contact me at 354-4700, or David Schoon at 356-5236. cc: Design Review Committee g:~d f ~9§~0t her~b&g.imp MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, JANUARY 18, 1996 - 8:00 A,M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Ann Donovan, Charlie Eastham, Jim Harris, Linda Murray {9:05 a,m.), Christina Randall, Gretchen Schmuch, Elizabeth Swenson (8:20 a.m,) John Falb, Tim Ruxton Anne Burnside, Steve Long, Marianne Milkman, Steve Nasby, and Linda Severson Mick Fletcher, Elizabeth Michael CALL TO ORDER At 8:10 a.m. by Vice-Chair Harris. INFORMATIONAL SESSION REGARDING DEVELOPMENT COSTS AND A PRO-FORMA Mick Fletcher, a Commercial Lender for First National Bank, addressed the Commission on the financial basics of residential developments. Fletcher provided the Commission with financial definitions and discussed how banks typically view "hard" and "soft" development costs. In addition, Fletcher gave the Commission some estimated development and operational costs for current, private developments. Fletcher then discussed project proformas and the types of expenses that are associated with the operation of residential housing projects. He provided the Commission with some guidelines for reviewing a proforma and determining the feasibility of such projects. Finally, Fletcher answered a variety of questions from the Commission. ISSUES RELATED TO FY97 FUNDING DISCUSSIONS Milkman said that this item had been placed upon the agenda at the request of the chair and several other Commission members. She said that there had been some questions concerning conflicts of interest. Milkman then introduced Anne Burnside from the City Attorney's Office. Burnside distributed copies of a legal opinion, dated January 17, 1996. She said that this amended legal opinion had been drafted after concerns were raised about the allocation of operating funds for Community Housing Development Organizations (CHDOs), that occurred at the Commission's January 4, 1996, meeting. Burnside said that the law in this area is being defined all of the time, but that the basic principle is that "a person cannot serve two masters". She added that the perception of a conflict of interest is to be avoided because a future complaint may arise and invalidate the whole vote on an issue. Burnside then reviewed the workings of the current legal opinion for the Commission. MINUTES HOUSING & COMMUNITY DEVELOPMENT COMMISSION JANUARY 18, 1996 PAGE 2 Eastham explained his interpretation of the legal opinion and said that the other members on the Commission water down the influence of a single member. He added that he thinks that issues regarding possible staff conflicts when they are applying for these same funds have not been addressed, Swenson said that she feels the people that are interested in serving on boards and commissions are often involved in other community organizations which could eventually cause a conflict. Murray said that she had requested that this item be placed on the agenda for discussion and that she had been uncomfortable with the January z~, 1996, meeting. She said that the perception of this Commissions' neutrality is compromised when the appearance of a conflict of interest arises. Eastham said that he is not comfortable with the Commission or certain members deciding if another member has a conflict of interest or is influencing other members, Murray asked that the other members express their opinions. Randall said that she too had been uncomfortable with the January 4, 1996, meeting and Easthera's comments at that meeting seemed to be biased against HACAP. She added that she feels Eastham has a conflict when GICHF is involved, especially when HACAP is a direct competitor. Donoran said that it may not be the number of projects involved but that the discussion and influence has a greater impact. Schmuch said that she has been asked to be on a board of an agency and that agency may very well be applying for CDBG funds, so she has thought about this conflict of interest issue as it may apply to her. Swenson asked when a conflict of interest ends, because she favors Habitat for Humanity since serving as director of a Connecticut chapter. She said that in a small town there may not be a large number of applications and that conflicts may exist. Burnside said that the legal department would like to be proactive instead of reactive, as was the case with the latest issue. Burnside asked if information relating to the FY97 applications could be given to her office prior to the discussions and votes. Milkman said that we should know who is applying by February 7, 1 996, and Burnside could review the applications for potential conflicts of interest prior to the Commission's next meeting. Harris said that he values Eastham's information on housing issues and that he can separate the knowledge from the commenting. Burnside responded that the perception of the influence on the Commission cannot be measured. Donovan asked if the Commission could adopt a policy on this issue. Burnside said "yes" as long as the policy could withstand the legal aspects. Murray said that she does not feel that a Commission policy is the best way to handle the issue. Burnside said that her office would get the information on the FY97 applications and issue an opinion based upon an actual scenario. She said that their office encourages boards and commissions to be sensitive to this issue and that members of the Commission, staff or the public feel free to raise the conflict of interest issue. Eastham asked if he was correct in assuming that the issue is in the City Attorney's hands to review the information and decide if a conflict of interest exists, Burnside said "yes". MINUTES HOUSING & COMMUNITY DEVELOPMENT COMMISSION JANUARY 18, 1996 PAGE 3 STATUS UPDATE ON THE ADULT DAY PROGRAM Milkman said that a memo and meeting minutes had been provided to the Commission by Graham Dameron. She said that she had attended a recent Board of Supervisors meeting and the outlook for this project was not too good. The apparent problem is with the balance of the funding for the construction of a building. She said that estimates for a new building were in the 9500,000 range and that the County did not want to go into debt to pay for the building. Milkman added that there were a number of suggestions made at the Supervisor's meeting that included separating the Adult Day Program from the Johnson County Department of Health and making ADP a private nonprofit. Milkman said she had given the ADP a deadline of March 1 to come up with a definitive plan. Harris asked if the deadline could be extended. Milkman said that it could, however, a number deadlines had been extended recently and have put the program into some jeopardy because funds are not being expended in a timely manner. She added that we are not requiring that ADP spend the money but they must have a plan and timetable in place by the March 1 date. Murrav said that she had read the minutes that Dameron submitted and that it appeared the ADP would have to start over. Milkman then responded to questions from the Commission. REVIEW AND APPROVAL OF MINUTES Nasby noted that there were two sets of minutes (December 14 and January 4) in the packet. Murray asked if there were any revisions. Several revisions were noted. Harris moved that the minutes from the December 14, 1995, be approved as amended. Randall seconded the motion. The motion passed 7-0. Murray asked if there were any changes for the January 4, 1996, minutes. Several changes were noted. Randall moved that the minutes from the January 4, 1996, be approved as amended. Donoven seconded the motion, The motion passed 7-0. SUPPORTIVE SERVICES Milkman told the Commission that the City Council will be soliciting input from boards and commissions relating to the FY97 City budget. She referred the members to the memo from Steve Arkins in the packet. Milkman said the funding for supportive services is an issue that will confront the Commission as it starts its FY97 CDBG and HOME funding cycle. She said that staff has contacted the seven potential applicants for CDBG supportive service funding and six of them are planning on applying for an aggregate sum of over 9100,000, which is about double the amount of funding available. She added that our estimate of 950,000 MINUTES HOUSING & COMMUNITY DEVELOPMENT COMMISSION JANUARY 18, 1996 PAGE 4 available for public services was based upon our estimate of receiving 90 percent of our regular CDBG allocation from HUD, however, without a budget being passed and approved by Congress our allocation could be lower. These budget cuts would have a severe impact on the funding Iowa CiW receives and the public service projects in particular because they are limited to the 15 percent cap in the CDBG program and generally are not eligible under the HOME program. {Donovan left 9:50 a.m.) Harris asked how the public can participate in the Council's budgeting process. Murray said that she is making a presentation on behalf of the Commission. She asked the Commission for its input and wanted to know what projects they wanted to emphasize to Council e.g LIFE Skills and\or other supportive services. Milkman said that the City budget is very tight due to the property tax roll back and there is not much discretionary funding available. She said that the City Manager asked groups requesting additional funds to come with ideas on where to cut the City budget they could let him know. Harris said that he had a few ideas where the City could cut. Randall said the Furniture Project asked for and received City funding last year and wanted to know if they were planning on asking again this year. Nasby responded by saying that he had monitored the Furniture Project recently and they had indicated at that meeting that they planned on requesting City funding again for FY97. PUBLIC\MEMBER DISCUSSION Murray asked if there was anyone who wished to address the Commission or if any members had comments on items not on the agenda. (No discussion). INFORMATION ON THE COMMISSION'S MEETING WITH PLANNING AND ZONING Swenson updated the Commission on her discussions with Tom Scott, Chair of the Planning and Zoning Commission. She said that a draft agenda had been prepared but they were still making changes to several items. Harris said that he had talked to Jim Throgmorton, former City Council member, about joining this meeting and sharing his perspective on what the Council had established as guidelines for affordable housing projects. Swenson said that the goal of these discussions was to make sure that everyone was working from the same page. Milkman said she felt that it was important for the Commissions to get acquainted first and get to know one another's duties and responsibilities. Murray said that she agreed. MINUTES HOUSING & COMMUNITY DEVELOPMENT COMMISSION JANUARY 18, 1996 PAGE ,5 MONITORING REPORTS Swenson updated the Commission on what activities were being undertaken by LIFE Skills. She referred to the statistics in the quarterly report dated December 31, 1995. Swenson said that most of the agency's time is spent helping clients locate a place to live, but thev could provide more services if the clients had an incentive to participate (now it is strictly voluntary and most clients choose not to participate in LIFE Skills training). Swenson asked if there was some way to link LIFE Skills to Section 8. Several members of the Commission were uneasy with requiring people to participate in something like this in return for federal assistance. Ruxton was absent so there was no report on the Mayor's Youth Employment Program Popcorn Cart. OTHER BUSINESS None. ADJOURNMENT Randall moved to adjourn the meeting and Schmuch seconded the motion, The motion passed 6-0, The meeting was adjourned at 10:03 a,m, MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, JANUARY 22, 1996 - 5:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Roger Christian, Cordell Jeppsen, Eric Rothenbuhler, Steve Hoch, Betty McKray MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Brau, Helling, Hardy, Burnside OTHERS PRESENT: Ren~ Paine, Derek Maurer, Beth Fisher, Mary Jo Langehom, Trey Stevens LIST OF MA']-FERS PENDING COMMISSION/COUNCIL DISPOSITION Negotiations with PATV, all access channels, and the Senior Center. RECOMMENDATIONS TO CITY COUNCIL The BTC voted to recommend to the Cit~' Council to approve a pass-through fee of 50¢ per cable TV subscriber per month, SUMMARY OF DISCUSSION Paine reported PATV will offer a second series of training workshops due to high demand. Applications for staff-assisted series are available and will be selected in April. Fisher reported the library now offers the public access to the World Wide Web. Mary Jo Langehorn reported there has been a great deal of video production being done at the high schools which has resulted in a request for a second editing system. Shaffer reported Blough informed him the letter of credit and certificate of insurance for the new franchise will be provided shortly. Shaffer reported he and Helling met with Coralville City Manager Kelly Hayworth and their consultant regarding their interest and how revenues might be used after their new franchise is negotiated. The Commission discussed community programming, including a definition, Commissioners' interests, community interests, possible means of providing community programming, and allocation of resources. ANNOUNCEMENTS OF COMMISSIONERS McKray reported she was unable to attend the PATV Board meeting due to the bad weather. Rothenbuhler said that the analogy Blough used at the last BTC meeting between the cable company and the telephone company charging higher commercial rights is flawed. Historically, the phone company was permitted to charge higher than standard rates to business and long- distance callers in return for an affordable universal service. Business and long-distance subsidize local service. This is not the case with cable TV. Without the cross-subsidy, higher commercial rates become price gouging in the absence of competitive pressure or regulatory control. This is an example of why monopolies need to be regulated or eliminated. Such practices violate the spirit of the 1992 Cable Act and the BTC needs to express its dissatisfaction. SHORT PUBLIC ANNOUNCEMENTS None. Broadband Telecommunications Commission January 22, 1996 Page 2 PATV REPORT Paine reported that due to high demand, a second series of workshops will be given. Applications for staff-assisted sedes are available and will be selected in April, An intern will be hired. A campaign will be developed to promote Hometown Video Festival - a national local access video contest overseen by the Alliance for Community Media. Fundraising to help offset application fees is being considered. LIBRARY REPORT Fisher reported the library debuted its public access World Wide Web facilities at a special open house Sunday, January 21. Access to text-only World Wide Web is available at seven catalog terminals using Lynx as a browser. Two PCs with full graphics will be available using Netscape. Text-only access is also available by dial-up. A public open house will be held February 4 at which time a schedule of workshops will be available. Workshops will be held alternative Wednesdays and Saturday mornings beginning February 10. The workshops will last a couple of hours and be a hands-on experience with one trainer per four participants. A new character generator has been purchased and is expected to be in operation by the end of February. Library Channel 10 will be down Thursday, January 25 in the afternoon so equipment can be moved, The annual assessment of the Channel 10 program schedule and a report will be available at the February BTC meeting. ECC REPORT Langehorn reported a number of students toured the CSPAN bus when it was in Iowa City. There has been a lot of video production in the high schools resulting in their request for a second editing system, LEGAL REPORT Burnside had nothing to report. _TCI REPORT Shaffer reported Blough informed him that the visit by the CSPAN bus was quite successful and the MTV bus would be in town Tuesday, January 23. The letter of credit and certificate of insurance related to the new franchise will be sent soon. The effective date of the franchise will be February 3. McKray said she recently needed to contact TCI because the recent move of IPTV to Channel 12 excluded it from the channels programmed into her system. Her call was taken in Des Moines, but the representative knew nothing of the channel move. The service technician arrived the next morning and reprogrammed her channels. This experience led McKray to wonder if TCl had sufficient publicity on the channel move. Hoch said that after the rebuild TCl should make sufficient information available, possibly in the billings. instructing subscribers of the need to reprogram their sets. CABLE TELEVISION ADMINISTRATOR REPORT Shaffer reported receiving six complaints: one about rates, one about number of ads on Channel 26, three about billing problems, and one about weal( signal strength, The City Council will probably address the issue of the pass-through funds tonight or tomorrow night. Because there Broadband Telecommunications Commission January 22, 1996 Page 3 are new members on the Council and the former Mayor did not get the letter sent to TCI initiating the 50¢ pass-through, there were a number of questions raised by the Council as to the amount. Bill Blough has already initiated the process to collect the funds. Helling said the new Council wants to decide how much the pass-through will be, Hoch said that TCI calculates how much they can charge without losing customers. If permitted by federal rate regulations, TCI may increase their rates 50¢ if the City doesn't collect it as a pass-through. It was moved by Hoch, seconded by Rothenbuhler, that as the funds derived from the pass-through fees are essential to maintaining and improving the quality of local access television, the BTC recommends to the City Council to approve a pass-through fee of 50¢. The motion passed unanimously. Hardy reported the Media Unit is experiencing an increase in productions. The League of Women Voters Legislative Forum sedes will begin January 27. A request had been received for coverage of Sesquicentennial events. BTC MEMBERS ON PATV NEGOTIATING TEAM Shaffer said no more than two members at a time could be on the team. Negotiations could take a couple of months, meeting no more than once a week. Jeppsen, Hoch, Rothenbuhler and McKray expressed interest. Shaffer said he and Helling will also be meeting with each of the access channels which Commissioners are welcome to participate in. Jeppsen said that as needs and meeting times become clearer, Shaffer can contact Commissioners to see who wants to participate. JOINT CORALVILLE/IOWA CITY BTC MEETING Shaffer said he and Helling met with Coralville City Manager Kelly Hayworth and their consultant Pat Callahan, in December. At that time they expressed interest in a joint meeting to discuss their relationship with PATV, videotaping and cablecasting Coralville City Council meetings, and how revenues might be used after the new franchise takes effect. Shaffer will contact Coralville officials to determine a time when they can meet, perhaps at the regular February BTC meeting. COMMUNITY PROGRAMMING Jeppsen said once the Commission develops a clear definition of community programming the direction to take will become clearer. After a clearer definition is determined an estimation of the resources needed, the costs and the likely organization to meet that responsibility can be decided. Rothenbuhler said community programming and public access differ in purpose. Both have programming as an outcome. Public access is defined by making access to the facilities of communication available to the public. Some members of the public may wish to produce programs which might be considered community programming. One way of looking at community programming views the type of programming as primary and who creates the program and on what channel it is distributed as a secondary consideration. Jeppssn asked if community programming involves pursuing programming in which there is a community interest but which lacks a means to be created and presented to the community. Input from the community has been gathered as to their local programming interests and needs. Community programming has an obligation to take resources and meet that need. An expectation for public access is to make equipment and skills available to the public. There is a difference in impetus -- community programming is proactive in going out and meeting a need. Rothenbuhler said community programming is a matter of programs, where they come from is another issue. For example, a system could be set up which hired community programmers or a community programmer could be hired. Jeppsen said in this case there is a staff issue. Christian said the issue can be broken Broadband Telecommunications Commission January 22, 1996 Page 4 down into four categories: 1) the subject matter; 2) the link that permits the program to have access to the system; 3) the staffing; and 4) the channel of communication. A definition of community programming must look at how each of these interact. Hoch said the principal responsibility of the Commission is to recommend allocation of funds. Any form of communication and access to the means of communication by citizens is a good thing and ought to be funded. Outreach is also important. The question is how much of each activity should the City fund. A strict definition might limit new ways of having programming produced and cablecast. Helling said a continuum can be thought of with public access, in its purest form, allowing the public to access the video medium to communicate to the public and a mechanism to provide the subscriber programming aobut things that are going on in the community on the other. The later was the notion of community programming when negotiations were conducted with TCl. The City's reading of the needs assessment and surveys was that the focus should be on the latter end of the continuum. In some cases it is not possible to take a program and say it is community programming or public access. Hardy said that all the access channels do some community programming. The proposal from the Cable Division's media unit focused on the fact that there was a certain segment of the community which was having difficulty producing their own programming and getting access to the time, money and air time needed to get their message out. There was little opportunity for community organizations to go someplace and get their needs met. The community, in this sense, needs direct support. Someone who can provide production skills, build mechanisms to make decisions about who gets support, or offer other mechanisms of communication such as interactive services or character generated messages when needed. All these things are being done now, to some extent, by the access channels. The question is how best to service as many organizations as possible with limited resoumes. Jeppsen asked Paine if the PA'rV proposal requested a new staff person and a new set of equipment which would be operated like public access in that those wanting to have programs produced would have to initiate the process or would the community programming staff would assume the role of production manager and distribution manager as the media unit proposal calls for. Paine said PATV's proposal would fund the staff person with separate funds under the umbrella of PATV based on the model of the Community Television Gmup's concept of resoume sharing. It is unrealistic to expect one person to be able to fulfill the task by themselves and they would need to draw on the resoumes of all the access channels. Stevens said there is a continuum of access to the airwaves. Doug Aliaire has differentiated community programming by who is doing the work and what level of support an individual or group is receiving for their access to the airwaves. In Stevens' perspective there are groups who deserve access to the airwaves yet do not have the ability to learn how to do it themselves. Community programming can be viewed as expanded access. The City probably does not want to decide what types of programs to put on the air. Community programming should be easy. expanded access for the community to get programs produced and cablecast rather than someone deciding what programs ought to be produced. Hoch asked why the organization providing community programming services should not decide what programs to produce and cablecast. Stevens said he was not comfortable with someone deciding what is important. Outreach should be done to make known the services available. Hoch said the government often makes decisions on what it perceives of interest to the community. The Commission has supported a recommendation to charge subscribers (the pass-through) and they should receive programs which will be of interest to the community in raturn. Maurer said community programming can be thought of as a service done for someone. In this light there is a continuum from a bulletin board through public access service to a full-blown production done for a group. Hoch said PATV has indicated that there is some point on this continuum beyond which they wish not to go. Stevens said the Commission should determine what is desired for community programming before determining if an entity is or is not going to provide that service. Jeppsen said there seems to be two general expressions Broadband Telecommunications Commission January 22, 1996 Page 5 of how the pass-through money should be used -- providing a broader range of services and providing programming of community interest, which would involve making decisions as to what programs to provide. The Commission needs to decide how it wishes to define community programming and how to proceed. McKray said before an expansion of services is considered it needs to be ascertained how much of the current service will be able to be maintained. Christian said additional resources will be in the form of equipment, service and/or personnel. The Commission needs to recommend how they will be allocated. Freedom of speech is an underlying concern of all the issues relating to community programming. PATV, the library and the Cable Divislon's media unit each have an infrastructure. The question is where does the public go to get services. A super-agency needs to be put together. The division among the channels need to be blurred. A sharing of resources at a one-stop resource for local television would result in greater efficiency. Shaffer said dudng negotiations he, Helling and Jean Rice wanted to build a pool of money which could serve a number of things. They were aware PATV may need a new facility. In addition, discussions were held with each of the access channels to review their needs. Hlrtngaetaffperson for community programming was also discussed. Atthat time a .79¢ pass-through or about 1.5 million dollars a year was being considered. It was in this context that community programming, hiring the staff person, getting a new combined facility (including PATV perhaps, and the City's Cable Division), and providing additional support for each access channel were first considered. Hoch said some issues might be resolved in the process of negotiating with PATV. Shaffer said Jeppsen had mentioned to him that it needs to be decided if the City wishes to go to direct negotiations or proceed through a RFP approach. It was moved by Christian, seconded by Rothenbuhler to hold a special meeting to discuss community programming on January 29th. The motion passed unanimously. ADJOURNMENT It was moved by Christian, seconded by Hoch to adjourn. The motion passed unanimously, Adjournment at 7:05 p.m. Respectfully submitted, MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, JANUARY 29, 1996 - 5;30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Roger Christian, Cordell Jeppsen, Eric Rothenbuhler, Steve Hoch, Betty McKray MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Brau, Helling, Hardy OTHERS PRESENT: Derek Maurer, Steve Wurtzler, Beth Fisher, Rene Paine, Doug Aliaire, Brian Sharp SUMMARY OF DISCUSSION Shaffer said that there were three areas of needs which formed the thinking of the pass- through funds during negotiations-I) community programming, 2) resources for each of the access channel providers, 3) a facility for PATV and the City Cable TV Office. Rothenbuhler said his proposal looked only at using the pass-through funds for community programming and assumed each access channel provider would continue to have enough funds to maintain their current level of service. Shaffer said some funds for a facility may be available through the equity in the City/Cable TV office space in the Civic Center and the settlement funds. Hoch said that the funds of all the access channels need to be considered in making a recommenda- tion to Council. Rothenbuhler said that a recommendation for the pass-through funds alone should be the focus of the Commissions's recommendation. Fisher said the Library Board will be sending a letter to the PATV Board indicating that there may be space available to them to rent in a future library building, The Commission agreed to the conditions section of the Rothenbuhler proposal which outlines an understanding the BTC has of access in Iowa City today. Staff will develop possible scenarios for allocation of new funds including the cost for new services and a facility. COMMUNITY PROGRAMMING Maurer distributed materials outlining PATV's Community Programming efforts. Hoch said part of the BTC's responsibility is allocation of resources. There are three sources of revenue- 1) pass-through funds of $96,000 per year 2) $149,000 for PATV operational funds 3) franchise fees of about $280,000. Hoch asked if there are restrictions on how the pass- through funds are spent and how the franchise fees are spent. Shaffer said the franchise specifies that the pass-through funds are to be spent on cable related uses. The City Council has a long standing policy of spending revenue generated by cable subscribers on cable- related uses to benefit those subscribers. The franchise fee funds the activities of the City Cable TV Division. Transfers of funds from the franchise fee go to the Library for operation of their channel and amount to about $35,000 and up to $10,000 is transferred to PATV. Hoch asked if there were restrictions on how the funds were used. Might the Council decide to give all the money to one channel, for example? Shaffer said that is possible and noted that the cable TV division must be self sufficient and has never operated on general fund monies. Rothenbuhler said the proposal he wrote looked only at using the pass-through funds for community programming and if other things need to be funded the task of determining how Broadband Telecommunications Commission January 29, 1996 Page 2 to use the pass-through funds will be more difficult. In reviewing the surveys, workshops and needs assessments from the refranchising process, it became clear that each access channel serves a constituency. The proposal was written assuming each access entity will continue to have enough funds to maintain their current level of operations. The proposal deals with the use of the pass-through funds only. There are two needs - more access and more community programming. First there is a need for greater access to the facilities - the potential for someone to become a producer and have their program get cablecast. In this case, the individual or group comes to the access provider of their own initiative. There is also a need for greater community programming. The surveys demonstrate community interest for more programs which have been called community programming. Some of the pass-through should be used for more equipment, some for a community producer/community outreach person, and smaller amounts to encourage community programming which could be accomplished in a variety of ways. Jeppsen said what distinguishes community programming for him is that someone or entity responsible for community programming initiates the contact with organizations and does the production. A particular event is seen as important to the community so a crew is sent out to cover it. Jeppsen said he agrees with Rothenbuhler's proposal in that the survey showed the need for production assistance. The question for the Commission is: do they agree that a staff person should be hired to take on the production and outreach of community programming, and if so, where should that person be located. One possibility is to put that person in the City Cable TV Division or PATV. McKray said that before creating a new position the current needs of the access channels needs to be considered. Jeppsen said he had previously asked Shaffer what the impact would be if the $149,000 for PATV and the pass-through money did not exist. Shaffer responded that there would be no support for public access, no community programming and no enrichment of the access channel providers. Otherwise things would function as usual. The pass-through money can be dedicated to community programming and access channel enrichment without a decline in the current level of resources available to the access channels. Mc Kray said the refranchising access channel needs assessments identified a large need which should be reviewed before looking at new areas. Shaffer said that the participation of BTC members at meetings he and Helling will be having with each of the access channel providers will be productive. These meetings are part of an ongoing process. Early discussions with the schools, Librar,/, and Senior Center had discussed general figures in terms of their needs and priorities which were relatively small. Pt was initially thought all the funds would be available upfront, but TCI did not agree and the availability of funds will be spread out over 10 years. Each access channel provider will need to revisit their needs and requests in light of this major change. The largest expenditure being looked at for the pass-through is a new facility. At one point it was believed the pass-through would be $1,500,000 upfront. At that time, discussions with the Library, Senior Center and schools, in general terms, mentioned $20,000 to $30,000 each. These funds will now have to be spread out over ten years. In terms of community programming, a staff person with a salary and benefits between $30,000 and $4,0,000 a year was figured. The City community programming proposal located the staff in the government channel offices and would use government channel equipment. The PATV proposal looked for a separate space, equipment, Broadband Telecommunications Commission January 29, 1996 Page 3 and administration. A facility was the largest item looked at the for the expenditure of pass- through funds. It is impossible to build a facility with the pass-through funds, but remodeling an existing building may be possible. When $1,500,000 was being anticipated about $50,000 per year would have been available for a facility after the $20,000 to 930,000 each for the schools Library and Senior Center and $30,000 to $40,000 for community programming staff. Several Commissioners have asked Shaffer about the $200,000 settlement with TCI. $100,000 to 9125,000 of that money will reimburse the City Cable TV budget for consultant costs and up to $50,000 may gao to project SchoolNet. It has yet to be determined if some of these funds will go towards reimbursement for the Anne Burnside and Dale Helling's part on refranchising. In addition, there is equity in the office space purchased by the City Cable TV Division in the Civic Center. These funds amount to up too a couple hundred thousand dollars and could be used towards a facility if the cable office leaves the Civic Center building. Hoch said the Commission needs to look at the issues from the ground up. The Commission now knows how much money is available. Those funds include 9149,000 in public access operational funds, $96,000 pass-through funds and about 945,000 from the franchise fee transfers for a total of about $290,000 or 2.9 million dollars over the ten year franchise. The Commission should get something in writing from each of the access channel providers who are making a claim on those funds. A recommendation to Council will need to be justified how those funds should be spent. The Council will likely look at any recommendation with detailed scrutiny. Jeppsen asked Shaffer if the Commission is expected to make a recommendation on all the funds as suggested by Hoch. Shaffer said the Council has not said anything to him or Helling about anything other than the pass-through funds. Rothenbuhler said reviewing all funds is unwise, inefficient and unrealistic. The community has existing access facilities, providers and a history of providing access. The franchise was not negotiated with the presumption that all the money would be put in a pool and then a decision made on who got what. There are a number of presumptions built into the franchise agreement including the local access channels and the jurisdiction and history of the BTC. Rather than throwing away the history and starting over, incremental improvements can be made. There will be opportunities in the future to evaluate and make improvements. If this was the only opportunity for ten years to make changes it would be a different situation and reviewing all the resource allocations might make sense. Hoch said he disagreed with Rothenbuhler because the pass-through could be abolished by the Council at any time. In fact, the Council may ask the Commission to justify how the pass-through is being used on a regular basis. While there is a local access infrastructure in place and it deserves Commis- sions support, it may be a case that the library should receive $45,000 rather than 935,000. These are decisions the Commission must make. Determining how much the Library, for example, should receive depends on how the current level of funding is spent. The Commission needs to prioritize the request for funds from each of the access channel providers. It may not be defensible to say that because an entity is funded at such a level in the past the level should be continued in the future. It is possible that increases in funding for one access channel provider could come at another's expense. The new franchise is a good opportunity to review the funding of all access channels. Jeppsen said that it isn't necessary to start over as if we had nothing. What the Commission needs to do is look at the funds and to determine how they influence priorities. Hoch said there is an assumption Broadband Telecommunications Commission January 29, 1996 Page 4 in the position shared by Rothenbuhler and Jeppsen that the current allocation of funds is good. Hoch is less willing to make that assumption. Rothenbuhler said his position assumes that until a problem is pointed out that the present allocation is working. Hoch said there seems to be an agreement among Commissioners on the direction to proceed as far as the types of new programming desired. This is important because it will influence negotiations to renew PATV's contract. The future housing situation for PATV, for example, is one issue which needs to be discussed in the context of all the resources available. Rothenbuhler proposed a rank order of issues. A facility would be first. If it is the case that the facility will need to be purchased that would take priority over funds for community programming. If it is true that the Council could withdraw the pass-through, then paying for a facility with those funds would be unwise. Jeppsen said Hoch may have justification in thinking the pass-through could be reduced in the future by the Council. When Jeppsen and Hoch were defending.the Commission's recommendation to approve the 50¢ pass-t. hrough before the Council, several councilors said a public hearing should be held on the allocation of those funds and if there wasn't enough public sentiment to support the bass-through, perhaps it should not be collected. In your response to a question from Christian, Shaffer said the City Cable TV Division's equity in their office space is about $125,000. Paine said PATV has about 1,500 square feet. Christian said PATV's space is worth about $20,000 per year. If the City Cable TV Office sold their space back to the City and the value of PATV's space is combined, $145,0OO would be available for a facility on a one-shot basis. Shaffer said an additional $100,O00 may be available from the settlement funds. Christian said there is about $200,000 to $275,000 available to form the basis of a new facility. Fisher said Susan Craig is drafting a letter on behalf of the Library Board to the PATV Board offering to discuss the possibility that a future library building could include space for PATV in exchange for rent. It has also not been definitely decided that PATV will have to move from their present space. Helling said if the Commission recommends to the Council to fund a facility and to fund it over 10 years, that would be a commitment that a future Council would not likely back out of. Shaffer said the Council will most likely respond favorably to a recommendation which has enhanced services like community programming and something new for the subscribers. If the Council approves a long-term package, they will probably stick to it. In addition, there is a formal review process built into the franchise every 3 years called the Triennial Review. Rothenbuhler defined three aspects of community programming. There is an "access" aspect in which the community has the communications system {facilities, equipment, channel space) available to them for use. There is also a programming element which refers to what is produced or program content. Community programming, then, is programming about the community. Outreach is a third aspect in which access providers do more that just open the door for the public, but engage in a range of services such as extra training, production assistance, or providing a producer for certain kinds of events. The need for programming is a need for certain kinds of programs to be on the channel for the community to view. The need for access is the need for people or organizations to have access to the communications system. The programming need can be met by improving access so a group or individuals can produce a program or by hiring someone to go out and produce programs. Confusion arises Broadband Telecommunications Commission January 29, 1996 Page 5 because the term "community programming" has sometimes been used to refer to programs which are not sponsored by a community group. It is not necessarily the case that "community programming" is programming done by the staff of an access center, although that is sometimes the way the phrase has been used. One way to meet the community programming need would be to hire a staff person to work in the access center or wherever who would be responsible for making sure certain types of programming get cablecast. Christian said Rothenbuhler has made a distinction between active and passive programming of the channel. Active programming involves going out and looking for certain types of programming. Passive programming relies on programming coming to the access provider. Jeppsen said Rothenbuhler's distinction between access and the audience is constructive. Community programming is primarily concerned with the needs of,the audience. Jeppsen said the immediate task before Commission is to make a recommendation to Council on how to allocate the $96.000 for enhanced services. There are various options which have been discussed including the facility, enrichment funds for each access channel provider and an enhanced service like community programming. A new public access contract will also need to be negotiated. Jeppsen asked Hoch and McKray if they are correct in thinking a recommendation regarding the pass-through funding cannot be made without looking at other issues. McKray said she wants to move to a recommendation on enhanced services if there is money available to pay for it. Hoch said all the money needs need to be looked at. Until the public access contract takes shape, it will be difficult to make these types of decisions. The decision needs to be larger than just dispensing $96,000. Rothenbuhler said his view is the opposite. The pass-through is specifically designated to provide funds for services which have not been provided in the past. Unless that is taken care of before negotiating the public access contract, the issues will become confused and could become involved in contract negotiations. Hoch said his disagreement with Rothenbuhler is that Rothenbuhler wants to use the $96,000 for enhanced services. There is nothing in the franchise which obliges the Commission to adhere to that idea. Rothenbuhler said while the franchise may not specifically use language stipulating an enhanced service, the Council did not vote to charge subscribers 50¢ per month to get the same service they always have had. Shaffer said he believes the Council is expecting something more, as Rothenbuhler suggests. McKray said the refranchising access channel needs assessments show the need for equipment replacement, a facility, and expanded services such as community programming. Shaffer said equipment replacement has been part of the discussions with the access channel providers. It was moved by McKray, seconded by Hoch, that the concepts contained in the Rothenbuhler proposal conditions section, parts one and two, reflect the sentiment of the Commission. The motion passed unanimously. The conditions section of his proposal are as follows: 1. All of the access channels (except perhaps the University channel) are vital operations with clear records of providing a diversity of interesting community services. The various assessment studies provide evidence that the access channels are each appreciated by their constituencies of producers and viewers. There is also evidence that each access channel has a somewhat different constituency, each expressing varying programming and producing interests. Broadband Telecommunications Commission January 29, 1996 Page 6 2. The various assessment studies provide evidence consistent with the perceptions and opinions of the Commissioners that there are additional needs, interests, and desires that the total access effort (all of the channels considered together) could be meeting. These can be reasonably distinguished into two categories: Access needs and programming needs. A. The assessment studies, Commissioners, and access personnel have all pointed to needs (and desires) for greater access. These needs fall across a range from people who say there should be more equipment in better repair, through a need for more training (and/or training that is more conveniently scheduled), through a desire for some help in producing video materials, and on to the idea that the community access effort could provide producers to interested groups or for coverage of community events. B. The assessment studies and the Commissioners express interest in the access channels providing more of various kinds bf programming. The evidence of the assessment studies must be read carefully because the most detailed evidence about program types comes from the workshops, which were naturally conducted with video, access, and community activists-whose tastes in such things will be different from the average viewer. But of course, those activists are also probably a dispropor- tionately large portion of the audience for the access channels. But summarizing across the responses from the workshop groups and the audience survey there is a clear expression of interest in programming on local art, culture, community events, history, and politics. This is consistent with the perceptions and opinions of at least some of the Commissioners. Rothenbuhler moved that future discussion should focus on the idea that as much of the pass- through funds as possible will be devoted to enhanced services and discussion of the budgets of the existing access channel providers be tabled until another time. There was no second. Shaffer said the Commission needs to decide if they wish the access channel providers to provide inforrfiation directly to Commissioners or if the staff should collect the information, Some information has already been requested and will be arriving for the February meeting. Jeppsen said the staff should collect the information. Helling said what is needed to move to the next step is the priorities of the Commission. Helling asked if it would be productive for the staff to prepare a more detailed proposal with the understanding that it would be a starting point for the Commission to proceed. Hoch said the proposal should include what each access channel provider needs in light of the funds available. Helling said he was suggesting not that the staff make a recommendation, but that they create the scenario showing the status quo, the new money, and the needs the Commission has identified through their priorities. This could give costs for possible services such as community programming, a staff person, and the cost of a new facility. Jeppsen said that information would be productive. In order for the Commission to establish priorities, Jeppsen said he understands Hoch and McKray to be saying is that they aren't sure of the extent of they need and this needs to be identified before priorities can be set. The Commission should get estimates from the staff on the needs and the costs as shown through discussions with access channel providers and the plan envisioned by the staff. Broadband Telecommunications Commission January 29, 1 996 Page 7 ADJOURNMENT: It was moved by Hoch, seconded by Rothenbuhler, to adjourn. unanimously with Christian absent. Meeting adjourned at 7:20 p.m. Respectfu.[[y submitted, The motion passed MINUTES IOWA CiTY PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 15, 1996 CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Richard Gibson, Jane Jakobsen, Tom Scott, George Starr, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Jeff Davidson, Charles Denney, Sarah Holecek, Scott Kugler, Robert Miklo, James Erwin RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of SUB95-0032, an application for preliminary plat approval of Galway Hills, Parts Three and Four, subject to the approval of a Grading Plan and a Sensitive Areas Site Plan prior to Council consideration of the ~3~at.~- · Recommended approval, by a vote of 5-1, with Scott voting in the negative, of an amendment to the Comprehensive Plan to amend the JCCOG Arterial Street Plan to include the extension of Oakdale Boulevard from First Avenue east to W66, Dubuque Street. Recommended approval, by a vote of 6-0, of the east alignment for the extension of Highway 965. Recommended approval, by a vote of 6-0, of REZ95-0016, an application submitted by Danette and John Raley to rezone a .14 acre parcel located at 24 N. Van Buren Street from RM-44, High Density Multi-Family Residential, to R/O, Residential Office. CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DEVELOPMENT ITEM: SUB95-0032. Public discussion of an application submitted by Dav-Ed Ltd. for prelimi- nary plat approval of Galway Hills, Parts Three and Four, a 27.77 acre, 78-1ot subdivi- sion located south of Galway Drive, east of Highway 218. (45-day limitation period waived to February 15) Kugler noted that consideration of the application had been deferred from January 25. He also noted that the plat had bean corrected to show three acres of open space to be dedicated as public open space in the south portion of the site. He said the Com- mission had received a memorandum from Terry Trueblood, the Director of the Parks and Recreation Department, indicating that the Parks and Recreation Commission continues to recommend that dedicated open space be accepted in the south and northeast portions of the site. Minutes Planning & Zoning Commission February 15, 1996 Page 2 Supple said that she intended to vote on this issue. She said her earlier intention to abstain had been based on the desire to avoid the appearance of a conflict of interest. Supple then said that after discussion with the Assistant City Attorney and with other members of the Commission, she had decided there would not be an apparent conflict of interest. She said she was a friend of one of the applicants, but she had no finan- cial interest in the project. She said her friendship would not influence her evaluation of the subdivision. Public discussion. Dale Rerman, 28 Galway Place, said he had lived in Galway Hills since August of 1994. He said he opposed the plan. He admitted that the question of misleading advertising probably would not be decided by the Commission. He then said the current plan would not be in the best interest of either the existing residents or Iowa City. He said there should be a transition between the existing larger lots and the proposed smaller lots. He said the developers had been unava;lable for discussion, and asked that consideration be deferred until the residents could confer with the developers. Marv Reiman, 28 Galwav Place, said she was opposed to the plan and asked for a deferral. She then indicated she had letters to read into the record. Reiman said Terry and Eileen Paul indicated that they had been misled and that the proposed lots are considerably smaller than lots in Part One or Part Two. She said they opposed the plan. Reiman said that Gary and Connie Craig said in their letter that the plan would have a negative effect on the neighborhood. Reiman reported that Lorna and Nell Johnson's letter states their opposition to the plan. They said that the higher density would radically alter the neighborhood, and would not be beneficial. She also read a letter from Bah and Frank Connor, who said they were opposed to the change in property lines. They said when they purchased the land, they thought all lots would be large. The letter from Meg and John Bayless indicated their concern with the developers' breach of promise, the unaesthetic nature of the plan, and the lack of access from Melrose Avenue. They said they purchased the property based on information indicat- ing there would be large lots. They urged the Commission to set aside more green space. They said they were opposed to the plan due to density and safety concerns, as the access drive would be congested during the school year. Dorie Thomas, 506 Galway Drive, said she was opposed to the plan. She said while the plan met the requirements for an RS-5 zone, there should be a transition. She said the private open space would be unusable for small children, due to the angle of the slopes. She then noted that the addition of 80 homes would congest Melrose Avenue. Richard Rhodes, 2014 Rochester Avenue, noted that he had previously questioned the lack of a trail to the northeast corner of the site. He noted such a trail would serve as an important feeder to the Willow Creek arterial trail. He felt the liability that the homeowners would incur was less than for homes bordering sidewalks. He noted that the final plat of Longfellow Manor included a trail with public access. He then argued that pedestrian ways not adjacent to streets were safer. He said the flat ground on Outlot 2 or on Lot 138 would make an ideal trailhead. Minutes Planning & Zoning Commission February 15, 1996 Page 3 Becky Hensel, 316 Galway Drive, said she was opposed to the plan. She said when she bought her lot in 1992, the developer showed her a map with large lots on it. She said while the lots meet the technical requirements of the RS-5 zone, they are signifi- cantly smaller than the lots in Part One of Galway Hills. Starr asked Rhodes to clarify his statements on liability. Rhodes replied that whether a trail would increase liability for homeowners' associations had been discussed previously. He felt any such liabiliW would be the same as or less than for a sidewalk. Starr asked if the proposed trail had any current access. Rhodes said he had not found such access on the plat. Supple asked if the homeowners' association had insurance covering trails. Rhodes said he assumed their insurance would, but that she should ask Holecek. Gibson said there was a difference between the liabilities. Rhodes said that the access problem was not unique and again referred to Longfellow Manor. Holecek noted that the trail had been needed in that case to provide access to utilities as well as for recreational uses. Gibson said he saw no reason to argue the matter because it was private open space being proposed. Rhodes said the City should argue for the trail. Holecek said there was an important difference in that this trail would require a public easement through private property. She noted that homeowners' association cove- nants carried insurance, but that a subdivision plat presented a much different negoti- ating position from a rezoning. She noted that if design standards had been met, there was nothing else a regulatory body could require. Rhodes said he didn't see the philosophical difference between this and a public easement in an OPDH~8 zone. Gibson said that as the homeowners' association had elected to have a private road, there was a different rationale. Rhodes said whether it was adjacent to a street or not, a trail would serve a useful function. Starr noted that since sidewalks were usually within the public easement, there was no need to negotiate for them by virtue of the right-of-way. Holecek noted that in this case, the City would be negotiating for public access and paving rights. Larry Schnittier, 1917 S. Gilbert Street, said a walkway around the open space had been considered, but no route could be found, as there was a sensitive slope on the west. He further noted he could not provide open space without consulting the devel- oper. Bovbjerg asked Schnittjer if the rear portions of Lots 26 through 92 were adja- cent to Highway 218. Schnittjer replied that they were. He said these lots were deeper. Bovbjerg asked if there was room for a trail there. Schnittjer said the lots were 164 feet deep as opposed to the other lots, which were 134 feet deep. He said the buffer strip, which was shown on a previous plan, had been removed. Bovbjerg asked if there were screening requirements. Kugler said there were not. Bovbjerg asked if the question of a buffer would go to the homeowners' association. Kugler said staff had encoureged the provision of a buffer, but could not require it through the subdivision regulations. He noted it had been suggested to the developer. Gibson asked whether anyone could place faith in future development plans. Schnittjer said staff had wanted the street plan to the east revised, so a concept plan is not being shown for that area. Gibson said that the map showed some proposed large lots. He asked if a purchaser could rely on those lots remaining large. Schnittjer said he could not guarantee it. Gibson asked if there was nothing to stop the developer from redividing the lots in the future. Schnittjer said the market changes, and he could Minutes Planning & Zoning Commission February 15, 1996 Page 4 not say what would happen until the plata were recorded. He said the plans needed to be adjusted in order to remain profitable. Supple asked if there had been a discussion of transition between lot sizes. Schnittjer noted that if the duplex lots with 50-foot frontages had gone through when the developer asked for an RS-8 zoning, more lots would have stayed at an 80-foot frontage. Supple asked whether there could be a transition now. Schnittjer said the lots were not very far apart in size. He suggested owners of the proposed, smaller lots could build narrower, deeper houses. Kugler clarified one of Schnittjer's statements, noting that trails are permitted uses in some sensitive areas, and that the Sensitive Areas Ordinance would not preclude the location of a trail on Outlot 2. Bovbjerg said she had concerns over the length of the street to the south. Davidson said that concerns over street width were usually a function of on-street parking. He was unaware of any width concerns or requirements for on-street parking here. Holecek clarified that Bovbjerg was asking for trip numbers. Davidson noted the plat had been reviewed with regard to secondary access concerns. Kugler said staff recom- mended no further development beyond this secondary access. Ed Murph, 3505 Galway Court, said he has lived in Galway Hills for four years. He said he supports development consistent with what the buyers were told. He said the suggested green space would not serve the current residents. Mary Reiman reiterated that the current Galway Hills owners had been specifically told the lots would be large. Dorie Thomas asked for clarification on the green space in the northeast, and said a buffer would go against RS-5 zone requirements. Kugler said the recommendation was for six acres of open space to be provided in the south and the northeast. Thomas replied those areas were too far away for the current residents. Murph said the current lots were between 15,000 and 24,000 square feet in Parts Three and Four. Kugler noted the minimum lot size in the RS-5 zone is 8,000 square feet. Murphy said the lots were still a half to a third of the size of lots in Parts One and Two. Public discussion closed. IVIOTION: Starr moved to approve SUB95-0032, an application for preliminary plat approval of Galway Hills, Parts Three and Four, subject to approval of a Grading Plan and a Sensitive Areas Site Plan prior to Council consideration of the preliminary plat. Supple seconded. Bovbjerg asked if there was a requirement for secondary access. Kugler said the plat currently meets the guidelines for allowing a single access. Minutes Planning & Zoning Commission February 15, 1996 Page 5 Jakobsen said she was frustrated in that there was no legal basis to decline the application. She expressed disappointment that the developer was not present. Bovbjerg agreed that the situation was frustrating. Holecek told the residents that if a subdivision comes to the Commission and the requirements have been met, the Commission must approve it. She said if the purchas- ers feel they have been misled, they should seek legal counsel. Bovbjerg asked if the CiW Council was bound by the same constraints as the Commission. Holecek said they were. Starr asked if the neighborhood open space ordinance had been in place prior to the time the conditional zoning agreement for this property was approved. Holecek said it had not. Starr said that this impacted the required placement and quantity of neigh- borhebd -open space. Scott said it was frustrating when private transactions were misleading. He noted that transition requirements could be placed in a rezoning, but not as part of the subdivision approval process. He said that he understood the concerns and anger of the residents, but emphasized that it had been a private transaction. He expressed his hope that the Commission would not become a body of arbitration. He noted that concept plans were subject to change until platted. He noted the density, lot size, and all other considerations of the proposed subdivision met the requirements for an RS-5 zone. The motion carried on a vote of 6-0. Chairperson Scott called a recess at 8:40 p.m. COMPREHENSIVE PLAN ITEMS: Public hearing and consideration of an amendment to the Comprehensive Plan to incorporate an amendment to the JCCOG Arterial Street Plan which includes Oakdale Boulevard, Davidson noted he had discussed the issue at the Commission's informal meeting. He asked if there were any questions. Starr asked if a vote of approval would indicate just an approval of the connection between arterial routes, and not of the alignment shown in the Coralville Community Plan. Davidson said no alignment had been selected; those questions would be addressed in the subsequent alignment study, if approved. Starr asked if it was correct that Coralville does not have a preferred alignment. Davidson replied yes. Scott asked if it was nevertheless fair to assume that this alignment was set in their minds. Davidson said Coralville may have discussed align- ments with property owners. Davidson said he was not aware of a specific plat proposal, but the intention was to work with property owners during the platting process. He said Coralville was aware it would need to cooperate with Johnson County and Iowa City. He said although Coralville would discuss the alignment, it could complete the section east of First Avenue on its own, and that would be Coralville's prerogative. Scott said the sewer had been laid east of First Avenue. He said if the arterial does not connect to W66, then it may loop through the residential area back to First Avenue, Scott noted that the proposed alignment crossed Muddy Creek twice, Minutes Planning & Zoning Commission February 15, 1996 Page 6 and asked if anyone had looked at terrain east of Coralville's city limits. Davidson said he didn't believe so; that analysis would be part of the alignment study. Scott noted that existing structures would constrain the alignment. Davidson agreed that was possible. Scott then asked if Coralville or Iowa City had studied the flood history of Muddy Creek. Davidson said a study had been done by Johnson County when the First Avenue bridge was built across Muddy Creek. He said he felt Coralville's City Engineer understood the situation. Scott said that the bridge forms a retention pond, for which green space had been set aside. He said that when a road is built out to W66, the land will flood five or six hundred feet from the existing residences. Scott noted for this reason, the land from the quarry to 1-80 was undevelopable. He remarked that the proposed road would serve as a feeder for development east of Coralville. Davidson noted that the road would also serve as an arterial for north Coralville, as there was congestion on the alternative routes. Scott asked if 1-80 was congested. Davidson replied that it was at times, but additional lanes were planned. Scott noted that the proposed road was less than a mile from the 1-80 off-ramp. He said there must be a suitable right-of-way, but that based on topography and the area's susceptibility to flooding, he was unsure that development was wise. He felt the fill necessary to get above the floodplain would disrupt the environment. Starr asked why the road was needed. Davidson said Coralville felt another connection was needed between Coral- ville and Iowa City. He said an arterial street was appropriate for the area. Starr asked whether this was approaching having a beltway around Iowa City. Davidson said the outlying arterials would not function as a beltway. Bovbjerg asked if Oakdale Avenue would spur widening Dubuque Street from 1-80 north. Davidson said he did not think so. He said the area south of 1-80 would need improvement first. Davidson said W66 north of 1-80 had the highest traffic volume of any Johnson County secondary road. Scott then asked if other issues would help decide if the road was to be built. Davidson said decisions to extend water and sewer service would be critical. Public discussion. Mace Braverman said he is involved in the subdivision of property at 1 2th Avenue and Oakdale Avenue. He said any road would have to end up close to the suggested alignment. Scott said he thought the alignment west of First Avenue was set. Davidson replied yes. Scott asked about the commercial development proposed by Coralville. Davidson replied it is a neighborhood commercial development. [VIOTION: Supple moved to approve the amendment to the Comprehensive Plan to amend the JCCOG Arterial Street Plan to include the extension of Oakdale Boulevard from First Avenue east to W66, Dubuque Street. Gibson seconded the motion. Discussion. Scott considered whether or not he should abstain. He said he had arguments for and against the proposal, He said he would vote, as he was sure his vote would show there was no conflict of interest, Holecek said the record would indicate he was not voting on land use or alignment. Minutes Planning & Zoning Commission February 15, 1996 Page 7 The motion carried by a vote of 5-1, with Scott votin; in the negative. Public discussion of the Highway 965 alignment. Davidson stated that the Commission's vote would be a recommendation on align- ment. He said due to the development issues involved, the City Council felt it was appropriate to get a recommendation from the Commission. He noted that a consultant study had chosen from 36 possible alignments, the two alignments that appeared to be the least environmentally invasive and the easiest to build. Starr asked whether an Environmental Assessment (EA) would be required. Davidson said when federal funds are used, an EA may be required, This is determined by the Iowa Department of Transportation, Starr asked if alignments with a heavy impact would be questioned, Davidson replied that the two alignments presented had the least impact, Scott asked whether the Melrose Avenue area from Highway 215 to West High School had been covered by an EA study, Davidson replied no, Scott asked whether the proposed segment would generate enough traffic to justify a connection to Highway 1, Davidson replied most of the development pressure for the short term was in the area north of Melrose Avenue, Davidson noted the area was becoming suburban and there was an interest in development, Scott said these needs could be met by upgrading Slothower Road, which could serve the area without the construc- tion of a major arterial, He said development of the area south of Highway 218 was too far off for the expenditure of eight million dollars to be justified. Davidson said there is currently nothing in the Iowa City Capitol Improvements Program (CtP} about constructing the road. Scott asked where the improvement of Scott Boulevard was in the ClP, Davidson said Phase I is scheduled to begin in three years, He noted that Phase I also included right-of-way up to 1-80. Bovbjerg noted that at Highway 218, there was an overpass, but no access to enter the highway. Davidson said a motorist could access the highway at Melrose Avenue. Bovbjerg asked who controlled the west side of the east alignment. Davidson said the city limits were 300 feet west of Slothower Road. Scott asked whether the area at the Melrose Avenue interchange was intended for commercial development in the Compre- hensive Plan. Davidson said it was not. Davidson said commercial development was intended to be concentrated around the interchange of Highway 218 with Highway 1. Davidson reviewed comments from the Director of Planning and Community Develop- ment summarizing growth area boundary issues. The east alignment is more consistent with the existing growth area boundary. Davidson stated the Coralville City Council favored the west alignment. Public discussion. Wavne Duffy, 3644 Hurt Road, said ha lived on a dead end road. He noted that the west alignment would take part of his property. He noted that he had purchased his home for privacy. He also noted that the west alignment would cut off his home from easy vehicular access and make it harder for him to sell his home. Mace Braverman said he favored the west alignment. He noted that the east alignment goes through a planned residential area. He said the west alignment would have fewer Minutes Planning & Zoning Commission February 1 5, 1996 Page 8 conflicts. Braverman noted the east alignment would put heavy traffic on Deer Creek Road and create congestion on Melrose Avenue. Davidson said Deer Creek Road would likely be upgraded, and that the intersection of Deer Creek Road and Melrose Avenue would be considered for a traffic signal. Scott said he envisioned the Deer Creek Road-Melrose Avenue intersection as being similar to the Highway 1-Mormon Trek Boulevard intersection. Gibson asked why Deer Creek Road could not be improved as an alternative to the proposed Highway 965 extension. Davidson said there were engineering and environmental reasons. Davidson added that Coralville didn't want to bridge Highway 218 at a skew. Gibson said logic seemed to call for the east alignment. Jakobsen asked whether the Commission had to recommend one of the alternatives. Scott replied that they did. MOTION: Bovbjerg moved to recommend the east allgnment for the extension of Highway 965, as indicated on Figure 1. Gibson seconded. Gibson said that this was a tough choice. He thought the Commission had been well- advised on the two alternatives. He noted the Commission's recommendation could dramatically affect planning on the west side of Iowa City. He said the two alternative alignments were equally independent of political considerations, which was a strong reason to go with the recommendation by the Director of Planning and Community Development for the east alignment. Bovbjerg said she thought the west alignment would push the Council and Iowa CiW too fast. She said choosing the west alignment would appear to be arrogant towards Johnson County. She expressed concerns about the cost of providing sanitary sewer service to this area and the possible need for further waste water treatment plant improvements needed to serve the area farther to the west. Scott agreed with Gibson, and said the east alignment was more consistent with the City's planning decisions. He noted that if the Highway 965 extension was not built before the shopping mall in Coralville was completed, Deer Creek Road would be heavily travelled. He expressed his concern over the allocation of funds to this capital improvement project. He said he would vote for the east alignment, but that he hoped the Council would complete Scott Boulevard before breaking ground on this project. The motion carried by a vote of 6-0. Braverman asked what Coralville's position on the east alignment was. Davidson said that Coralville had decided not to take a position on the east alignment until the Iowa City City Council made a decision. Davidson stated JCCOG would facilitate resolution of the matter between the two cities, if necessary. DEVELOPMENT ITEM: SUB96-0003. Public discussion of an application submitted by Jeffrey Maxwell for preliminary plat approval of Woodland Ridge, Part One, a 19-1or 55.95 acre residential Minutes Planning & Zoning Commission February 15, 1996 Page 9 subdivision located on the east side of Dane Road, at its intersection with Osage Street. (45-day limitation period: March 11, 1996) Scott asked whether the plat deficiencies would require a deferral. Kugler said that there were deficiencies, but that a revised plat had been received earlier in the day. He noted, however, that several proposed street names closely matched existing city streets, that some easements were not properly shown or labelled, and that many lots drain away from the stormwater basin. He noted a Grading Plan would be required. He said staff recommended deferral until March 7. Public discussion. Myron Smaller, 4418 Dane Road, said he owns a farm with 1500 sheep along with cattle 150 feet south of the Maxwell property line. He said he was concerned over possible odor complaints. He noted that legal fees could easily b~nkrupt his operation. He asked that the Commission deny the application, as the proposed development would seriously impact his ability to farm his property and other developments in the area were still far from full. He also noted that he would have to come to a fencing agreement with six or seven properties. He said his experience was that farming operations and suburban residential development do not mix well. Scott asked how far Johnson County had gone on the subdivision. Kugler replied that there had been a problem with filing dates and the County had not yet examined the plan. Schnittjer said the City requires the subdivider to provide fencing. Sinalley asked if they were also responsible for repairs. Schnittjer said he was unsure, but that fencing was probably the subdivider's problem. Scott told Sinalley that the application still had to go to the Johnson County Board of Supervisors, and that the Commission's recommendation would go to the City Council. Scott then said Smalley should probably approach the County Board of Supervisors. Gibson asked if the Commission was required to approve an application if and when it met the minimum requirements. Kugler agreed that it was. Scott said that because the City had some review power, these issues would be addressed. Holecek noted that the basic law was that if some- one comes into a neighborhood such as this one, they were effectively put on notice. Richard Rhodes noted that Johnson County did have a right-to-farm ordinance, and suggested that the Commission could investigate it. MOTION: Bovbjerg moved to defer consideration of the application to March 7, 1996. Gibson seconded. The motion carried by a vote of 6-0. REZONING ITEM: REZ95-0016. Public discussion of an application submitted by Danette and John Raley to rezone a .14 acre parcel located at 24 N. Van Buren Street from RM-44, High Density Multi-Family Residential, to R/O, Residential Office. (45-day limitation period: February 16, 1996) Kugler noted that the application had been deferred from the January 25, 1996, meeting. He noted that the concept plan indicated that there would likely be no Minutes Planning & Zoning Commission February 15, 1996 Page 10 problems with parking. He noted that the Department of Housing and Inspection Services would have to approve a site plan before issuing a building permit, but that staff recommended approval of the requested rezoning· Jakobsen asked if the handicapped-accessible space was in the front yard. Kugler noted that it was, but that the parking space could be approved through the minor modification procedure. Bovbjerg asked if the Commission would see the application again if it were approved· Kugler said the application would go through the administra- tive site plan review process· Bovbjerg asked if neighbors had complained about parking spillover· Kugler said the credit union to the south objected if parking require- ments were not met. Gibson noted that he thought a handicapped-accessible space was not necessary. Kugler said the current use did not require it, unless there was a major remodeling. Gibson then asked whether the handicapped-accessible space was in the required yard. Kugler said yes, and that if the handicapped-accessible space did not get approved as a minor modification, it would have to be placed behind the 20- foot setback. He noted that there appears to be room to do this, but that a more substantial ramp would be needed. Public discussion. Danette Raley, 730 College Street, introduced herself as one of the applicants and asked if there were questions. Raley noted that the applicants were planning on remodeling the interior of the building, and so a handicapped-accessible space would be required. IViOTION: Starr moved to approve the application. Supple seconded· The motion carried by a vote of 6-0. REZONING/DEVELOPMENT ITEMS: REZ96-OOO3/SUB96-0004. Public discussion of an application submitted by Mary Jo Streb to fezone a 1.88 acre tract from RR-1, Rural Residential, to RS-5, Low Density Single-Family Residential, and for approval of the preliminary and final plat of Broken Arrow Estates, a 3-lot, residential subdivision located at 3263 Rohret Road. (45-day limitation period: March 11, 1996) Denney noted that the site can be served by gravity flow sanitary sewer, and that the proposed rezoning is consistent with surrounding developments and is appropriate for the site. He said that staff recommcnded deferral, as there were several minor deficien- cies. iVlOTlON.: Supple moved to defer consideration of the application until March 7, 1996. Gibson seconded, The motion carried on a vote of 6-0. REZ96-OOO4/SUB96-0002. Public discussion of an application submitted by Village Partners to fezone a 3.09 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approval of a preliminary OPDH plan and plat for Village Green, Part XlV, a 1 -lot, 8-unit, residential development located on the north side of Village Road. (45-day limitation period: March 11, 1996) Minutes Planning & Zoning Commission February 15, 1996 Page 11 Denney said that the developers had been asked to submit a plat showing the property from which the area was to be subdivided. He noted that the plan was appropriate to the zone and that the neighbors had no complaints. He noted that there were some minor deficiencies, and that staff recommended deferral. MOTION: Gibson moved to defer consideration of the application until March 7. Bovbjerg seconded. The motion carried bv a vote of 6-0. CONSIDERATION OF THE JANUARY 25 AND FEBRUARY 1, 1996 MINUTES: Starr noted that he had submitted corrections to staff at the February 1, 1996 meeting. MOTION: Gibson moved to approve the mtnutes of the January 25, 1996 meeting of the Planning and Zoning Commission as presente,d. Starr seconded. The motion carried by a vote of 6-0. MOTION: Starr moved to approve the minutes of the February 1, 1996 meeting of the Planning and Zoning Commission as amended. Jakobsen seconded. The motion carried by a vote of 5-0-1, with Gibson abstaining. OTHER DISCUSSION ITEM: 1. Discussion of Joint Municipal Design Standards for public improvements. Rick Fosse said that at the City Council meeting of February 13, the Council had expressed an interest in approving as much of the document as possible, and pulling sections that needed discussion out for later approval. Scott said he would feel more comfortable deferring this item, Supple noted that the process could take weeks. Bovbjerg asked when the next Council meeting would take place. Denney said that the Council would meet on February 27, and on March 5 and 26. Starr said his under- standing was that the majority of the standards were the same as before. Fosse agreed, and said most revisions were due to the fact that many standards were not in keeping with modern engineering practice. Bovbjerg asked Fosse to explain the pipe being used. Fosse said that PVC pipe had limited application, but that it was a good material for stormwater management. Bovbjerg agreed, but said that was only under conditions of limited use, and when utilities would not cut through the pipe. She said she was unsure where information would be shared to prevent such an occurrence. Fosse noted that iowa City was being cautious compared to other Iowa communities which made more extensive use of new materials. He noted that utilities were also well mapped. Miklo said that the Commission could focus their discussion on issues which affect subdivision design, such as street widths, and that more technical issues such as specifications for pipe material and size required less discussion. Starr said he was unsure how a separate approach would change the time frame. Fosse said that his understanding was that the Council wanted comments on areas of interest, Miklo said that the Commission could focus their discussion to subdivision design related issues at the next informal meeting. Public dlscus3ion, Minutes Planning & Zoning Commission February 15, 1996 Page 12 Ri(;hsrd Rhodes noted that the proposed standards were for several communities, and were mostly reasonable. He stated that he believed the right-of-way and pavement requirements would have a negative impact. He said they would increase urban sprawl, housing costs, and environmental impact. He also pointed out what he saw as a fallacy in the calculation of stormwater management needs. He noted that the computer model used by the City was based on the 5-year and 100-year flood events, and that the new guidelines used the 5-year. He noted that the watershed was listed as undeveloped in the model, but was actually agricultural land, which generates a great deal more runoff. He noted that urban development had highly unpredictable results, and that the only chance to stabilize the hydrology was at the window of opportunity between agricultural and urban use. Starr asked if the model generated too much runoff. Rhodes said the model allowed increased runoff in the 5-year and 100- year floods. Bovbjerg asked whether this would yield a higher allowance. Rhodes said it would. Bovbjerg then asked if this would lower standards for stormwater retention. Rhodes said it would, as cultivated land shed much more runoff than meadows. MOTION.: Gibson moved to defer consideration of the Joint Municipal Design Standards until March z~, 1996. Bovbjerg seconded. The motion carried by a vote of 6°0. CONSIDERATION OF APPOINTMENT TO THE AIRPORT ZONING COMMISSION: Chairperson Scott appointed Jakobsen to the Airport Zoning Commission. PLANNING AND ZONING COMMISSION INFORMATION: Sally Dierks showed the Commission the latest aerial photograph of the airport. She then discussed development plans for the airport. Denhey said a request for consideration of these plans would likely be coming soon from the Airport Zoning Commission. ELECTION OF OFFICERS: MOTION: Gibson moved to nominate Starr for Chairperson, Bovbjerg for Vice-Chairperson, and Supple for Secretary. Jakobsen seconded. Scott asked if there were any other nominations. There were none. The motion carried by a vote of 6-0, OTHER BUSINESS: Miklo reminded the Commission of its upcoming joint meeting with the Housing and Communi- ty Development Commission on Februarv 26. Scott announced that he would be resigning on May 2, 1996. He said that he had served 14 years on the Commission, 12 as Chairperson. Minutes Planning & Zoning Commission February 15, 1996 Page 13 ADJOURNMENT: MOTION: BovbJerg moved to adjourn the meeting at 11:05 p.m. Supple seconded. The motion carried by a vote of 6-0. Lea Supple, Secretary Minutes submitted by James Erwin. ICPL BOARD OF TRUSTEES FEBRUARY 22, 1996 PAGE 1 Agenda item 3A MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, FEBRUARY 22, 1996 5:00 PM Members Present: Members Absent: Staff Present: Margaret Cox (left 6:30 pm) , Stephen Greenleaf (left at 5:20-returned at 5: 50), Philip Hubbard (arrived 5:30), Mary McMurray, Mark Martin (left 6:20), Jesse Singerman, Anne Spencer, Chuck Traw Jim Swaim Barb Black, Maeve Clark, Susan Craig, Debb Green, Martha Lubaroff, Laura Morton, Liz Nichols CALL MEETING TO ORDER President Traw called the meeting to order at 5:00 pm APPROVAL OF MINUTES The minutes of the regular meeting of January 25, 1996 approved unanimously after a motion by Martin/Singerman. were UNFINISHED BUSINESS Circulation Policy Review In response to the Board's request during a regular review of this policy last year, the policy has been revised to eliminate procedural language. Sections 801.1-801.3 were updated to reflect deletions of procedures. The Confidentiality policy (802) changes are in response to the Board's request to incorporate appropriate language from the ALA statement into our policy. Greenleaf moved acceptance of the policy and Martin seconded the motion. There was a brief discussion involving clarification of the exception stated regarding contact information for library displays. Displays must contain a name of a responsible person. Traw called for a vote. The motion carried unanimously. ICPL BOARD OF TRUSTEES FEBRUARY 22, 1996 PAGE 2 Agenda item 3A NEW BUSINESS Approve calendar for FY97 Craig informed the Board that she had received one phone call registering a complaint regarding the library's decision to remain open on Easter Sunday as part of an expansion of Sunday hours. This calendar reflects being open five additional Sundays and consistency in the closing hour of the evenings before holidays. Craig explained that the wording that appears when hours are posted will say that we are open from the first Sunday in September until mid-June. A motion was made to approve the calendar by Martin and seconded by Greenleaf. The motion passed unanimously. MEETING ROOMS POLICY REVIEW This is a regularly scheduled review. Questions were directed to Barb Black, Coordinator of Community and Audiovisual Services, regarding the policy of restricting use of meeting rooms to non-profit organizations. The question of allowing meeting room use by private individuals and for profit organizations and charging fees was raised, due to a scarcity of available meeting room space in Iowa City. Black defended the policy as it stands explaining that the rooms currently are heavily used; particularly in evenings. There is heavyuse between 10 am - 6 pm as well. although there are occasional openings during the day. Black strongly encouraged keeping the rooms reserved for use by non-profit organizations. Although a method could be worked out to charge for use of the room by the private sector, .it would require labor-intensive administration. A motion was made to approve the policy by Cox and seconded by Greenleaf. Motion was passed unanimously. DISCUSSION ROOMS POLICY REVIEW This is a regularly scheduled review. There was no discussion regarding the recommended changes in this policy: a) to increase the fee for damage to rooms and b) to add a line of definition and edit for removal of procedure. A motion was made to approve the policy by Cox and seconded by Martin. Motion was passed unanimously. ICPL BOARD OF TRUSTEES FEBRUARY 22, 1996 PAGE 3 Agenda item 3A RATIFICATION OF JOINT CITY/LIBRARY AFSCME CONTR3~CT FOR JULY 1997- JTJNE 1999. The library was represented on the negotiating team this year by Liz Nichols. This tentative agreement has been discussed by City Council and approved by AFSCME Local #183. Craig explained that this agreement represents a contract that has not yet been ratified by City Council. Not much in this agreement affects library staff except for salary increase. It is informational at this point. When the contract comes through, the Board needs to authorize Traw to sign the contract. A motion was made by Martin and secondedby Cox authorizing the Board president to sign the ratified contract if it reflects the changes presented. A discussion took place regarding the Board's role in approving this contract. Craig explained that the Board's role is that of an autonomous governing body, and in that regard, their approval is necessary. Singerman felt the Board should have more involvement in the process in order to feel comfortable signing off on such a contract. As another option, Craig was directed to look into the inclusion of a statement in the Board's personnel policy that would deal with this issue and allow the President of the Board the authority to sign off on the contract routinely. There was no further discussion, a vote was called for and the motion to authorize Traw to sign the upcoming labor contract for FY97-99 was unanimously approved. STAFF REPORTS The library recently purchased a new character generator for use on the library Channel 10. The new look will begin airing March 4. Black demonstrated the old version vs the new version. This will be used to display library events, etc. The Community and Audio Visual Services Department is very excited about the possibilities of enhancing the channel with this product. The library channel's equipment is now nearer the sophistication of character generators used by other access channels. World Wide Web classes are very popular. They have been scheduled in the mornings during the week and Saturdays before opening. Classes were filled quickly and so they have been extended through April and May. These are filling up quickly too. Patrons are enjoying the Web access and using it. Craig expects to have statistics available regarding use by next month. ACCESS IOWA PROJECT Craig updated the Board on this project to fund Iowa libraries on a state level. She will attend a meeting this evening over the Iowa Communications Network, to discuss a draft proposal for getting some state funding for public libraries. What is significant is that it would provide direct state aid for public ICPL BOARD OF TRUSTEES FEBRUARY 22, 1996 PAGE 4 Agenda item 3A libraries, $1 to $2 per capita depending on accreditation and standardization that would be established. Craig doubts that funding will occur this year but is optimistic for the future. HOSPICE TEAM ICPL REPORT Clark distributed a report on the Hospice Road Race Team. She circulated a picture of the team in costume. Hopes for next year will combine the kickoff of the library's Centennial celebration with the 20th anniversary of the Road Races. Thanks to the Board for allocating the seed money to promote this team effort. The library raised $3,244.50 for agencies of United Way and won back the Bill Rogers' traveling shoe trophy after losing it for two consecutive years. This trophy is awarded for the best team competition. DEVELOPMENT OFFICE REPORT Eckholt's report was included in the packet. He was on vacation. "IOWA: A CIVIC PLACE" MENTIONS IOWA CITY PUBLIC LIBRARY This article appeared in the Des Moines Re~ister, Saturday January 7. The author quotes an Iowa City resident who refers to the "breathtaking" public library. Craig also circulated an article from the Gazette this past week which made mention of the library. PRESIDENT'S REPORT Traw reported that a counter offer was made in response to our offer to purchase real estate next door and further information will be included during a closed session. COMMITTEE REPORTS Facilities Planning Co~t=~ittee Report Cost estimates for the current building expansion proposal were made available based on the blueprints received from the architect. Costs are estimated at $12,140,000 plus 20% for soft costs (fees, furnishings, etc.); plus site costs. Cost to build commercial space payback is estimated at $2,000,000 which can be paid for from revenue. Both the architect and construction manager have said this is a high figure and could be trimmed. Traw requested moving into a closed session for the purpose of discussion of purchase of real estate. A motion was made by Spencer and seconded by Martin. Rollcall vote indicated that all were in favor. Board then went into closed session. Tape recorder was turned on. ICPL BOARD OF TRUSTEES FEBRUARY 22, 1996 PAGE 5 Agenda item 3A A motion was made to return to open session by Singerman and seconded by Greenleaf. The motion was carried unanimously. Let the minutes reflect that the Trustees discussed real estate acq~/isition during the closed session. DISBURSEMENTS Review Visa expenditures for January 1995 Approve Disbursements for January 1996. Disbursements were approved unanimously after Singerman and seconded by Spencer. a motion made by ADJOURNMENT A motion was made to adjourn at 7:00 McMurray. It was passed unanimously. pm by Spencer, seconded by Minutes taken and prepared by Martha Lubaroff