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HomeMy WebLinkAbout2005-01-04 Bd Comm minutesMINUTES IOWA CITY BOARD OF APPEALS MONDAY, JULY 12, 2004, CITY MANAGER'S CONFERENCE ROOM IOWA CITY CITY HALL, 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Wayne Maas, Steve Buckman, Anna Buss, Gary Haman Doug DuCharme andTim Fehr recuse themselves from meeting due to conflict with the 221 E. Washington Street appeals case. STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Loren Brumm (Building Inspector), Roger Jensen (Fire Marshall), Sue Dulek (Asst. City Attorney) OTHERS PRESENT: Dick Donohue (McComas-Lacina Construction), John Shaw (AIA), Eric Kerchen (Englert Theater Executive Director), Tom Rosenberger & Michael Partridge (Englert Theater Board of Directors) Martha Norbeck, Rick Caruth (Neumann Monson Arch- Itects) RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:05 P.M. CONSIDERATION OF MINUTES: Minutes from the March 8, 2004 were discussed. MOTION: Haman moved to accept the minutes. Maas seconded. Motion passed unopposed. Appeal of the decision of the Buildin.q Official because: a. There are practical difficulties involved in carrying out provisions of the code (221 E. Washington Street) b. Any material, alternate desiqn or method of construction not specifically prescribed by this code is appropriate. (221 E. Washinqton St) Dulek explained that both Doug DuCharme and Tim Fehr work for Shive Hattery Engineers and that their company has been hired to do work on the Englert Theater, 221 E. Washington Street. Therefore they are conflicted and have recused themselves. Hennes explained that the two issues in front of the Board include the size of the chair lift platform (30"x40" instead of 30"x48") and that the lift must be able to operate unassisted and therefore needs the 42" solid guard rails per the ASME standards. John Shaw stated that they had a wheel chair user try the smaller platform and realized that those users would be best served with the larger (33"x48") platform. Since they were going to use the larger platform, the Englert was withdrawing the appeal to allow the smaller platform. Shaw said that the issue now is if they will be allowed to use the type of incline lift that they are proposing. Dulek clarified that the legal issue is the height of the guarding since that height determines if the lift is considered unassisted or assisted. The code requires a 42" solid guard rail for the lift to be considered unassisted. Dulek said that the Board will need to determine if there are practical difficulties or alternate designs that could allow a lower guard. Shaw stated that it was the Building Official's interpretation that a 42" guard was required in order for the lift to be considered unassisted. The type of incline lift that was being proposed which has a 6" guard is installed and used throughout the State of Iowa with permits from the State Elevators Inspectors office. Hermes said that that may be the case but the issue in front of the Board was one of accessibility and not just elevator safety. Shaw read a portion out of the Americans with Disabilities Act which stated that alternative methods and materials can be used if they provide the equivalent level of accessibility. Dulek stated that the ADA was not City code and the issue was the requirements of City code. Hennes clarified that the City had adopted the State handicap regulations and that was what was being enforced. He said that according to the State code, which has been adopted by the City, a lift on an accessible route is allowed as long as it can be used unassisted. Lifts must be installed according to ASME standards. These standards require attended operation if the lift only has a 6" guard; therefore it is not unassisted operation. Shaw reiterated that the ADA allows for alternate technologies if they provide equivalent accessibility and pointed out that this lift was providing accessibility to a stage where there are no guardrails at all. Shaw showed a video of Michael Partridge who uses a wheelchair using a similar lift with a 6"guard at another location unassisted. The video showed additional arm guardrails coming down to protect the user. Discussion ensued concerning guards and guard heights. Shaw stated that the video showed the usabilty of the proposed lift. Buckman stated that the 6" guard and the additional guard arms that come down meet the intent of the code requirements even though they do not meet the specifics since there is mechanical protection for the user. Donohue emphasized that in reality the lift can be used unassisted. Hennes stated that he had not previously seen the video and brochure and agreed that the lift can be used unassisted. He said the only issue left was the 42" solid guard requirements and if the Board found that there were practical difficulties or an alternative method or material, they could make a decision based on that. Shaw reiterated that they are dealing with an existing building and that they have done everything they can do to make the building accessible. MOTION: Buckman moved to allow the proposed lift since it provides an alternative material, design and method of construction that complies with the intent of the code and is the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability and safety. Haman seconded. DISCUSSION: Buss asked that if this matter came before the Building Official again, would he just be able to approve it or would he have to come in front of the Board again. Dulek said that staff could allow it but it would be hard to imagine something this specific coming up again. Dulek also wanted the minutes to make specific mention that Michael Partridge who was in the video and had spoken to the usability of the lift is a wheelchair user. VOTE: The motion passed unanimously (5-0) to allow the proposed lift. Water Free Urinal System Update. Staff (Tim Hennes and Bernie Osvald) observed a cartridge change out of a water free urinal at the Neumann Monson office. He stated that the system seems to be quite functional. Martha Norbeck and Rick Caruth from the Neumann Monson office also affirmed the functionality of the system. Neumann Monson proposed that the waterfree urinal be allowed in the new alternative high school and for replacement of existing fixtures in other Iowa City schools. Staff recommended the expanded use to the Iowa City School system provided that, in new installations, the water supply be roughed-in so that a flush system could installed in the future. Staff felt that school use would help provide further evidence of its functionality and perhaps lead to an amendment to the Uniform Plumbing Code during the next code cycle. Haman asked if a motion was required. Hennes stated no because of the previous decision of the Board to allow the initial testing. It had been decided at that time that staff could make the decision to allow future uses if it appeared that the consensus of the Board was for approval. OTHER BUSINESS: Roffman asked that the next meeting date be changed from August 2nd to August 9th. All members agreed. ADJOURNMENT: Haman moved to adjourn the meeting. Buss seconded. The meeting adjourned at 5:05 P.M. Wayne Maas, Board of Appeals Vice-Chair Date MINUTES APPROVEu PLANNING AND ZONING COMMISSION NOVEMBER 4, 2004 EMMA J. HARVAT HALL MEMBERS PRESENT: Bob Brooks, Ann Freerks, Don Anciaux, Jerry Hansen, Beth Koppes, Benjamin Chait, Dean Shannon STAFF PRESENT: Karen Howard, Mitch Behr RECOMMENDATIONS TO COUNCIL:, Recommended approval, by a vote of 7-0, REZ04-00026, a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNCo12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/OHP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/OHP) on approximately 20.8-acres located along Linn Street between Bloomington and Ronalds Streets and along Gilbert Street between Bloomington and Church Streets. This rezoning is to establish the Gilbert-Linn Street Historic District. CALL TO ORDER: Anciaux called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON AGENDA: None HISTORIC PRESERVATION ITEMS: REZ04-00026, discussion of an application from the Historic Preservation Commission for a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/OHP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/OHP) on approximately 20.8-acres located along Linn Street between Bloomington and Ronalds Streets and along Gilbert Street between Bloomington and Church Streets. This rezoning is to establish the Gilbert-Linn Street Historic District. Howard said a letter from the State Historic Society of Iowa which clarified their position on the local designation had been included in the Commissioner's information packet. The letter confirmed that the proposed local district met the Iowa City and State Codes. Copies of additional letters of suppor[ that had been received since the last meeting were also included in the packet. Public discussion was opened. There was none. Public discussion was closed. Motion: Hansen made a motion to approve REZ04-00026, a rezoning from Medium Density Single-Family Residential (RS-8) and Neighborhood Conservation Residential (RNC-12) to Medium Density Single-Family Residential/Historic Preservation Overlay (RS-8/OHP) and Neighborhood Conservation Residential/Historic Preservation Overlay (RNC-12/OHP) on approximately 20.8-acres located along Linn Street between Bloomington and Ronalds Streets and along Gilbert Street between Bloomington and Church Streets. This rezoning is to establish the Gilbert-Linn Street Historic District. Freerks seconded the motion. Freerks said she felt the proposal complied with the Comprehensive and Historic Preservation Plans. Citizens interested in discussing other aspects of the proposal would have an opportunity at the City Council hearing, which is the next step in the approval process. Hansen said after receiving the clarification from the State and reviewing the Comprehensive Plan, he didn't see how anyone could say the proposal didn't conform. The motion passed on a vote of 7-0. OTHER: Brooks said at the Tuesday evening City Council meeting, the rezoning from I-1 to CC-2 was withdrawn from the City Council agenda by the Planning Director, Karin Franklin, without much explanation. It was Brooks' understanding that this item was City initiated to clean up a spot zoning. He wondered why Staff was backing away from cleaning up a spot zoning. Planning and Zoning Commission Minutes November 4, 2004 Page 2 Howard said that it was her understanding that the property owner had changed his mind and decided that he didn't want the property to be rezoned to CC-2 at this time. When the City was approached initially by the property owner about use of the property for retail commercial, the City had agreed to submit the rezoning application because it was a piece of land that was on the City's to-do list of properties that should be rezoned. However, since the property owner has changed his mind, staff thought it was best to withdraw the application rather than go forward against the wishes of the property owner. Brooks said he'd like an explanation from Staff as to why the rezoning request had been before the Commission, they had approved it and then Staff pulled the item without involvement from or notification to the Commission. Howard said it had been brought to the City's attention originally because it only involved one property owner and one property. It was her understanding that there had been some plans for the property that may have fallen through, so the property owner didn't wish to have the property rezoned. Howard stated that there was no change in staff's recommendation and the Commission's recommendation for CC-2 Zoning; however, the rezoning application had been tabled for now. Behr said it was his understanding that the item had been deferred but he didn't know for how long it had been deferred. Hansen asked if the application was ultimately withdrawn, could that be done even if the Commission had already acted on it. Behr said it could be withdrawn up until the time it was voted on at Council level. In this case, the application was submitted by the City. Brooks said he didn't understand why when the City had taken the lead in this application for rezoning and the Commission had supported it, it had then been tabled by Staff. Brooks asked why the property owner hadn't initiated the request for the rezoning. Howard said she was unsure of the particulars but thought that it was a piece of leftover land from previous rezoning efforts. Brooks requested that in the future when something like this happened it would be courteous and appropriate for Ms. Franklin to notify the Commission what was transpiring and why, before a change occurred at Council level. Howard said if the Commission wished a formal letter of explanation from Franklin, she could request one. Brooks said it seemed to be an unusual move and warranted some type of communication from Franklin to the Commission to explain what was being done. Howard stated that she would forward that request to Karin Franklin. CONSIDERATION OF THE OCTOBER 7 AND 21, 2004 MEETING MINUTES: Motion: Hansen made a motion to approve both sets of minutes as written and corrected. Brooks seconded the motion. The motion passed on a vote of 7-0. ADJOURNMENT: Motion: Brooks made a motion to adjourn the meeting at 7:44 pm. Koppes seconded the motion. The motion passed on a vote of 7-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:/pcd/minutes/p&z/2004/2004-1 lq34-04.cloc Planning and Zoning Commission Minutes November 4, 2004 Page 3 Iowa City Planning & Zoning Commission Attendance Record 2004 FORMAL MEETING Term Name Expires 01/15 02/19 03/04 04/01 04/15 05/06 05/20 06/03 06/17 07/01 07/15 08/05 08/24 09/02 09/16 10/07 10/21 11/04 12/02 D. Anciaux 05/06 X X X X X X X X O/E X X X X X X X X X B. Brooks 05/05 X X X X X X X X X X X X X X X X X X B. Chait 05/06 X X X X X O X X X O O X O/E X X X X X A. Freerks 05/08 X O/E O/E X X X X X X X X X X O/E X X X X J. Hansen 05/05 X X X X X X X X X O/E X X O O X X X X E. Koppes 05/07 X X X X X X X X X X X X X X X X X X D. Shannon 05/08 X X X X O/E X X X X X X X X X X X O/E X INFORMAL MEETING Term Name Expires 01/12 03/01 05/17 06/14 06/28 08/02 10/04 10/18 D. Anciaux 05/06 X X X X X X OrE X B. Brooks 05/05 O/E X X X X X X X B. Chair 05/06 X O X O O O O O A. Freerks 05/08 X O/E O/E X O/E X O/E X J. Hansen 05/05 X X X O/E O/E X X X E. Koppes 05/07 X X X X X X X X D. Shannon 05/08 X X X X X X X O/E Key: X = Present O = Absent O/E = Absent/Excused N/M= No Meeting ..... Not a Member MINUTES APPROVED ~ IOWA CITY PUBLIC ART ADVISORY COMMITTEE MONDAY, NOVEMBER 1, 2004, 3:30 P.M. CITY MANAGER'S CONFERENCE ROOM, CITY HALL Members Present: Barbara Camillo, Charles Felling, Rick Fosse, James Hemsley, Mark Seabold, Terry Trueblood Absent: Emily Walsh Staff Present: Karin Franklin, Marcia Klingaman Visitors: Ruth Baker (Benton Hill resident) Call to Order Felling called the meeting to order at 3:40 p.m. Public discussion of any item not on the a,qenda There was none. Consideration of the Minutes of October 7, 2004 Meetinq Trueblood noted a spelling error on page 3. Felling expressed concern regarding the style of the minutes, and interest in having more contextual and reference information included. MOTION: Fosse moved to accept the minutes as revised. Trueblood seconded, and the motion was passed unanimously by those present. Discussion with Joe Prescher of Benton Hill Park project Prescher presented additional information, a revised budget, and photo mockups of the arch in a PowerPoint presentation. He reported that the budget has been revised after consulting with NNW Engineering. NNW helped him find a contractor to do the concrete columns. The company is Ornamental Concrete in Fairfax, which has experience in all aspects of fabricating. Prescher continued by reporting that the footings have not yet been researched. The footings will not be put in until the spring, and he expects to find a contractor before then. He used to work for a contractor, and will talk to them about this aspect. He did not bring any sketches of revisions of the engineering of the footings. Franklin asked if the revision to the construction of the pillars changes the overall design or exterior appearance. Prescher replied that it does not, and that the revised design goes back to the original concept. The concrete will be cast, with an enclosed interior beam containing conduit, and the attachment at the bottom will be subterranean, with the footings bolted in under ground. The exterior may have more detail, with vine work and Iow relief detail. Seabold asked how he plans to mold the columns. Prescher answered that he has been talking to Gene Anderson about casting concrete. Prescher will create the "positive" or original, and then a fiberglass mold will be made around it. This should pick up a lot of detail. Franklin asked the committee if there were any other questions about the budget. Seabold asked if Anderson's time is included in the budget. Prescher responded that he and Anderson are trading time and labor. Prescher displayed photo mockups of the arch in the park to provide examples of column and arch colors, as well as font options for the text. The pillars on the bronze example should be a deep green. Seabold asked if the intended color is the deep green used on streetlights. Prescher replied yes, though the green may be even darker. Franklin inquired about the colors for the "Hickory Hill Park" text and the sun face. Prescher answered that they will be bronze. Camillo asked if the color displayed as black is supposed to be the deep green. Prescher replied yes, and the color of the columns still needs to be considered. He added that he would continue to work with different color combinations to find one that more closely matches his original concept. Iowa City Public Art Advisory Committee Minutes November 1, 2004 Page 2 Prescher displayed a mockup of the moon side of the arch done in aluminum, and noted that he plans for the aluminum to be less reflective than in the picture, and the text to be done in relief. He then displayed different options for the typefaces. Seabold asked how the archway details would be cast in the bronze. Prescher replied that he will be doing a pattern, so will not be doing actual sculpting of the sun and moon faces. He is unsure how the text will be done, but may make a mold of it for the relief. Seabold said he liked the combination of elements from the first image. Prescher agreed that it most closely matched the original concept, though he still has concerns with the bronze color. He envisions that the colors of the piece will be more blended, rather than there being so much contrast between the different elements. Franklin asked if the "Benton Hill Park" text will be raised. Prescher replied that he plans for 1" to 1.5" raised relief, and it will all be of the same materials. Fosse asked about having the moon in aluminum and the rest of the arch on the moon side being bronze, for additional contrast. Prescher replied he had not considered that option, but is planning to have the whole be more unified when done. He added that he believes the colors of the natural materials are more in keeping with the concept. Fosse asked if bronze patinas. Franklin replied that it depends on what is put on it. Prescher added that it can be treated to prevent it from changing. He noted that he had considered using copper for the sun side of the arch at one time. Fosse replied that copper will streak, and bronze is probably more feasible. Franklin asked whether the neighborhood had been working on the quote to be used on the moon side. Baker reported that a newsletter will be sent out to the residents asking for suggestions for the quote. The fonts for the typeface options were not loaded on the computer, so could not be displayed. Prescher next displayed different light fixture options for the tops of the columns. Franklin asked for confirmation on whether the lights would be on top of the birdhouses or in lieu of the birdhouses. Fosse expressed a preference for lights to be put on top of the birdhouses, if at all, but much smaller fixtures than the ones displayed. Prescher added that another consideration would be to put a cover on top of the birdhouses instead of a cap, and allow the light to glow out of the top, though that would not light a large area. Franklin noted that she understood the lights to be decorative, Iow-watt additions, rather than needing to light a large area. Trueblood replied there is not much added with very dim lights, and that they should at least light the sign up so it is readable. Camillo asked if it is possible to have the lights illuminate the sign, and Trueblood answered yes, they would not need to be very bright to read it from street side. Franklin asked if the committee agreed that the lights should be on top of the birdhouses, rather than replacing the birdhouses. Seabold agreed, saying that he liked the birdhouse idea and the lights would be an added feature. The committee expressed general agreement with this statement. Fosse asked if Prescher had stopped by to look at light fixture catalogs. Prescher replied no, and that he was not sure how far to pursue the lights at this time. Franklin stated that she understood the lighting option was planned for later because the cost of the lighting would put the project over budget at this time, though the conduit is being installed in the columns for easy future installation. Trueblood noted that the piece still needs to be designed with the lights in mind. Prescher replied that the design is currently for plates on the tops of the birdhouses, which can be engineered at a later point to fit a fixture. The wiring will run through the middles of the birdhouses. Franklin asked if the colors had been decided. Fosse asked if the plan is to add a dye to the concrete for the color. Prescher replied that the discussion had been for a tan or limestone color for the columns, though he is unsure how it will work with the green steel. For example, a color similar to the University geometric light posts by the English Philosophy Building, with the brown fixtures. Fosse noted that those have an aggregate finish. Prescher agreed that he does not want to do an aggregate finish, but is interested in the color of the posts. Iowa City Public Art Advisory Committee Minutes November 1, 2004 Page 3 Fosse remarked that Scofield makes very good concrete dyes, and samples of their colors may be available on their website. Seabold is interested in pursuing the contrast of a darker limestone color with the style. Prescher agreed that a darker limestone is a good option, though the only two colors available are tan and grey. Fosse added that in addition to the integral dyes, there are also surface stains for concrete that may create some nice effects. These should also be available on the Scofield website. Seabold noted that these might create a more natural look as well. Felling asked if an example of a concrete stain is on the 7th Street Bridge. Fosse replied that is a product from Sherwin-Williams, and is closer to paint than a stain. Prescher added that Ornamental Concrete does stains and dyes, so that option is available. Franklin asked the committee if Prescher needs to check back at a later date. Fosse replied that the basic project is a go, but would like to see the chosen color palette. Prescher added that it will be one or two months before the colors are decided. Seabold would like Prescher to ask for a sample of the stained concrete and painted steel to show the committee. Franklin asked for confirmation that the committee would like a materials board in January. Seabold noted that the materials do not have to be mounted on a board, just brought in for the committee to see. Seabold also asked about deciding on the typeface. Fosse stated that he thought some variation of the first font in the images would be nice. Prescher agreed that he likes that one, but is unsure about its readability. He will check on variations on that one. Franklin asked for a progress report from the neighborhood in January on the decision about the quote as well. Prescher and Baker departed. Discussion of use of public art funds for FY05 Felling reviewed the options discussed at the previous meeting, regarding the use of the public art funds. These options included: downtown alley project, neighborhood art projects, rotating sculptures, and other. He asked if there are any additional comments about the downtown alley project. Is the City Manager going ahead with the alley cleanup? Franklin replied that it is unclear at this point, and said that if the committee is interested in doing an alley project, it should be pursued as a Public Art project without coordinating with the cleanup aspect. Fosse reported that the solid waste people are working with the Downtown Association to start a pilot project that includes having all businesses hire one waste removal company. The hope is that will resolve some disputes on what waste goes in what dumpster, and encourage a generally cleaner environment. There has been some difficulty with getting all the businesses on board. The Association is also currently involved in their membership drive at this time, so the project is not progressing as quickly. It should pick back up after the drive is over. Franklin distributed the Public Art Annual Report, the Public Art Committee Objectives, Strategies 2004- 06, and the budget showing the available $64K. She recommended that the committee not view the documents as limiting, but as a place to start. Hemsley asked if anything has happened with distributing maps of art in the city. Franklin replied that Felling and Klingaman will be attending the Cultural Caucus in Des Moines, and will take along brochures about the Public Art program in Iowa City. The brochures include pictures of some pieces, and an inventory but no map. Copies should be available on November 4 in City Hall. Hemsley asked if the locations of the inventory are included on the brochure. Franklin replied that they are not, though a walking tour can be organized, beginning in down town. Hemsley suggested that people can have their own tours if they have some information about the locations of the pieces. Franklin added that her department has recently hired someone to work half time as a public information assistant, and putting together a promotional piece like this would be in her job description. Franklin also noted that the available $64K could not be used for brochures, walking maps, or public relations materials because they are not capital acquisitions. Rotating sculptures are also not included, unless the piece is purchased. Hemsley remarked that a brochure or other materials may help the committee meet some of its goals, as far as educating the public about their activities. Iowa City Public Art Advisory Committee Minutes November 1, 2004 Page 4 Trueblood asked for confirmation that if the Wetherby Neighborhood project is completed, the goal of four neighborhood projects will have been met. Franklin replied yes. Trueblood stated that he would like to see more public ad in parks, especially the more popular parks. This may allow closer and more personal enjoyment. Franklin asked for suggestions for which parks in which to put art. Trueblood answered that Hickory Hill comes to mind immediately, and would accommodate at least two pieces. He would like to relocate the piece located at Terrell Mill Park to somewhere it would be more visible to pedestrian traffic. He would also like to work on labeling existing pieces. Fosse replied that the piece in Terrell Mill is of a scale that it can be seen and appreciated from the street. Trueblood agreed, but would still like to discuss moving it. Concern was ooted by Trueblood and Fosse about people climbing on the piece, or it possibly being used as skateboard apparatus. Hemsley agreed with the idea of putting pieces in parks, since it would not involve getting approval from neighborhood associations and take less time. Camillo added that moving pieces would provide an opportunity for a fresh view of the art. Trueblood suggested placing smaller pieces along the expanding trail system. Seabold agreed. Trueblood also suggested putting pieces in smaller neighborhood parks, even though they don't have an association to consult. The committee does not have to limit itself to parks with neighborhood associations. Fosse agreed that is a good idea. Camillo suggested looking into pieces for the trail system that could not be destroyed. Trueblood noted that while things may be vandal resistant, his department has not found anything indestructible. Franklin reported that the paper ran an article about the alley cleanup project, and included an invitation for suggestions on how to improve the alleys. One suggestion submitted is to follow a European model, and enhance their natural beauty. The suggestion went on to say that after cleaning up the alleys, smaller dumpsters could be put in so trash is picked up more frequently, and not add any new construction. Instead, add flowers in boxes hanging from the the buildings, and small panels of painted floral designs approximately 2 to 4 feet in size. The person who submitted this suggestion is a local artist who paints florals. Trueblood answered that much of it is worth considering, but it will be difficult to convince the businesses to rent smaller dumpsters. It would cost more for trash pickup to have it done more frequently. Seabold agreed that the alleys have a lot of potential, they are just so filthy. Camillo agreed also that it could be an inexpensive option for the alleys. Seabold added that this idea allows the alleys to still be alleys, not beautifying them to the point where they are something else. The main difficulty seems to be with getting the dumpsters under control. Camillo asked if the idea for having arches at the entrances to the alleys has been discarded. Franklin replied no, that this is just another idea to consider. If the committee is more interested in parks, that is fine, but the group just needs to decide what to focus on. Felling remarked that doing an alley art project might spur the downtown people to do more in the alleys. But if there is no other activity with the alleys, the entrance signs might seem out of place. Camillo asked if it might be feasible to put up some banners on a short-term basis, which children could paint and have community involvement. Felling replied that the committee discussed that option at the last meeting, and decided that it is not an appropriate project, as well as not having the required durability. Franklin added that it also involves a question of what money would be used, but the money is possible if it is a good idea the committee wishes to pursue. Seabold showed the committee pictures of the Museum of Contemporary Art in Chicago, which is poured concrete, steel, and wood. He finds it an interesting installation. He was trying to think of an installation sort of project to be used for a promotional activity. He is interested in doing an experimental project, with more flexibility. He also brought an article about the Des Moines installation artist. He would like to do a temporary experimental project in the alleys. Iowa City Public Art Advisory Committee Minutes November 1, 2004 Page 5 Camillo agreed that doing a temporary project would be interesting, perhaps using lightweight aluminum. Seabold also noted the booths done for Art Fest were temporary, which were very nicely done but inexpensive. Hemsley asked if the City would still be doing an alley cleanup separate from activities with the Public Art Committee. Franklin replied that is the plan but the timing is unknown. Trueblood added that the City has made efforts in this area in the past, but is looking for a more long-term solution. Fosse agreed, remarking that is the reason for encouraging the businesses to take a more active role in the project. Trueblood said he is interested in doing art in the alleys, but is concerned about the timing and whether the businesses will respond with more effort. Should the committee wait for the businesses to give a commitment, or hope that the project will generate more effort? Fosse replied that he is inclined to wait for a commitment from the businesses and pursue other projects in the meantime. Seabold noted that it might be difficult to convince the businesses to spend money on cleaning up the alleys when their patrons enter from the front. Fosse added that the majority of the public art money thus far has been spent in down town, so it would be nice to expand the focus to other areas of town. Trueblood suggested focusing on a sculpted park identification in some areas, rather than the simple brown signs. Felling remarked that is a good option for Creekside park. Northside talked about a similar project, but did not proceed with it. Hemsley noted that the benefit of this idea with the parks is that the committee can initiate the project regardless of whether or not the neighborhood associations want to participate. Felling noted that the committee has served a more advisory role in neighborhood projects in the past. Klingaman remarked that the neighborhoods are interested in public art, and recommended getting input from the neighborhoods. Trueblood added that there are people interested in what happens in the parks, even if they are not directly tied to the neighborhoods. Hemsley clarified that the committee can initiate the project, but still ask for input and feedback from the groups. Hemsley asked if there is a way to choose parks based on attendance or popularity. Trueblood replied that there are no official figures, though Parks and Recreation staff has a feel for which parks have more traffic. Felling asked if Trueblood should pursue gathering ideas from his staff. Hemsley agreed that would be good information to have, and asked for the top five choices. Trueblood asked if the choices are based on attendance or which would be best suited for public art. Hemsley replied that it should be the best-suited parks. Klingaman noted that the neighborhood next to the Kiwanis Park met to discuss putting a sculpture in the park. The conclusion was that the residents felt that the park is art, so no additional pieces are necessary. Hemsley suggested in this situation, perhaps a new, more stylistic park sign would be appropriate. Camillo remarked that some people might feel sculptures along the Hickory Hill trails intrusive. Fosse asked if there are additional park shelters planned in the budget. Perhaps art could be integrated into the designs and construction of the buildings. Trueblood replied that there are several shelters proposed, and that he is not adverse to that idea. Fosse noted that would combine function and art at the same time. Franklin cautioned against projects that are too difficult to maintain. Trueblood agreed, adding that maintenance is always the first concern. Felling said that people may object to having art along trails, but parks already have shelters and signs of civilization included, so art may not be as intrusive. He agreed that combining function and form is a good idea. Franklin pointed out that rest areas along 1-80 are an example of this already. Trueblood expressed concern about vandalism. Franklin replied that sometimes adding art to a place encourages people to treat it better. Franklin confirmed that Trueblood will gather information on the top five parks from his staff for the next meeting. Hemsley added that he is interested in knowing the top five parks with the most potential for public art. Franklin continued that the committee will plan to focus on a piece or pieces for parks for this fiscal year. Fosse noted that he is interested in art on the park shelters as well, and asked to find out where the new ones are planned. Trueblood replied that all new shelters are replacements. Iowa City Public Art Advisory Committee Minutes November 1, 2004 Page 6 Franklin asked for confirmation that the committee will put the alley project on hold to evaluate the down town business response to the cleanup efforts. Felling asked if the committee wishes for a commitment from all businesses, or if a response from some would be agreeable. Fosse replied that progress in the alleys will be incremental. Response from some might raise the bar for the other businesses. Franklin asked what the timeframe would be to evaluate the alley project. Fosse replied two years. Franklin confirmed that the measure will be how much the private sector cleans up the alleys on its own. Fosse agreed, adding that if the businesses do not make any progress, it will probably take that long for the City to address the issue. Camillo asked about the status of the alley archways. Franklin replied that the consensus of the committee was the designs were too fiat as they were submitted to the committee. Camillo added that a project of that nature might stimulate interest in the alley cleanup in general, perhaps by doing only one alley. Discussion of public input ideas Felling noted that asking for input about the alleys in the newspaper had a response. Another option is putting polls in the newspaper. Hemsley suggested organizing periodic publicity stunts, then asking the public for their input about public art for the future. Franklin noted that Seabold had expressed interest in having installations or events to stimulate public awareness and interest. She added that organizing events is very labor-intensive, so some volunteer assistance would be necessary. Seabold replied that he enjoys helping out with events, and he has access to the young architects in the area that could also help out. Franklin suggested generating ideas for activities to do during Art Fest next year. Committee Time/Other business Franklin reported that Camillo's and Walsh's terms on the committee will be ending, and there will therefore be two positions available beginning January 1, 2005. Appointments to these positions will be decided on November 16, and applications will therefore need to be submitted by 5:00 p.m. November 10. She expressed the need to have an art or design professional fill one of the slots, as well as someone who has connections to people or groups in Iowa City who would be interested in financially supporting public art. She asked members of the committee to encourage people to apply. Camillo asked for confirmation that she should attend December meeting. Franklin replied yes, that her term is concluded December 31. Trueblood asked if Walsh is reapplying. Franklin replied she does not know. Fosse noted that the next meeting should be on December 2. Trueblood asked if Franklin knows when the relocation of the sculpture currently in the Recreation Center to the city plaza will take place? He would like to let his people know when it will be moving. Franklin answered that she estimates it will take place at the end of the summer 2005. Plaza Towers needs to put the skin on the building before then, and the brickwork by the library may need to be repaired. Adiournment There being no further business to come before the Committee, Fosse moved to adjourn and Hemsley seconded. The meeting adjourned at 5:00 p.m. Public Art Advisory Committee Attendance Record 2004 Te13B Name Expires 01/08 02/05 03/04 04/01 05/06 05/20 06/03 07/01 07/29 08/05 09/02 10/07 11/01 12/02 Barbara Camillo 01/01/05 O X X X X X O/E X X NM X O/E X Charles Felling 01/01/06 X X X X X X O/E X X NM X X X Rick Fosse X X O X O/E X X X X NM X O/E X James Hemsley 01/01/06 O O X X O/E O/E O/E O/E X NM X X X Mark Seabold 01/01/07 × X O X X X X X X NM X X X Terry Trueblood X X X X X O/E X O/E X NM X X X Emily Carter Walsh 01/01/05 O X X X X X X X X NM X X O/E Key: X = Present 0 = Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES FINAL CHARTER REVIEW COMMISSION MONDAY, NOVEMBER 22, 2004 - 8:00 AM HARVAT HALL, CITY HALL Members Present: Kevin Wemer, Andy Chappell, Karen Kubby, Penny Davidsen (on speakerphone), Nate Green, Naomi Novick, Vicki Lensing, and William Sueppel, Chair Members Absent: Lynn Rowat Staff Present: Marian Kan', Eleanor Dilkes CALL TO ORDER Chairperson Sueppel called the meeting to order at 8:05 AM. APPROVE M1NUTES OF NOVEMBER 16, 2004 MOTION: Kubby moved to accept the minutes of November 16, 2004, as submitted; seconded by Davidsen. Motion carried 8-0 (Rowat absent). PUBLIC COMMENT None. DECEMBER 1 COMMUNITY PROCESS SESSION Sueppel asked for updates on the publicity for the upcoming session. Karr reported that there were 42 posters put on City buses; 36 posters on Cambus vehicles; and 250 handouts left with the information desks at both City Hall and the Public Library, the Senior Center, and with Parks and Recreation. Karr then noted that handout CR62 is the press release that was sent to all media, and posted on the website as well. Karr then discussed the guest editorial, and stated that the Press-Citizen was unable to mn Sueppel's guest editorial on Sunday, but after emailing members the consensus was that the editorial would be in the Saturday edition. Green is working on the submission for the Daily Iowa, and Novick's letter submitted to the Gazette was distributed to members. The City website, Karr noted, has all of this information on it, and referred to handout CR64 for the latest. As for cable TV, Karr noted that they will run little "fillers" before the December 1 public session, but that they also have a new "toy," where someone could tape a short interview, and then the cable staff will put this on an interactive database. This could be done before the December 1 hearing, or even done after the hearing. A brief discussion ensued about how this interactive program works. Davidsen suggested that this would be better served if done after the hearing, to help keep the Charter foremost in citizen's minds. The members agreed to put the interactive program into use after the December 1 session. Kubby reported that she and Lensing were interviewed by WSUI, and there are to be two pieces - a weekend piece on Saturday; and then a 5- minute piece would also be done periodically. Werner reported that he left KXIC a voicemail but that he has not received a response. He will attempt to contact him again. Charter Review Commission November 22, 2004 Page 2 Next, the facilitator information sheet that Kubby prepared, handout CR65, was reviewed. Davidsen asked how topics, aside from what is listed here, would be addressed, as there are bound to be people at the hearing who want to ask these things. Sueppel stated that the large group is where the miscellaneous items will be addressed. Novick stated that she questions the members discussing "other voting systems." She feels they should take out any references to other voting systems. Sueppel stated that perhaps adding "possibility of discussing .... "may help, but that he agrees with Novick in that they should remove this. He then noted that since this sheet is for the members use only, they could just make a notation to this effect. Karr quickly reviewed the set-up for the December 1st hearing, noting that they will have meeting room A, as well as two adjoining rooms if needed for smaller groups; four flip charts; the handouts (red-line version of Charter); and name tags were suggested. It was further suggested that the nametags be pre-numbered for ease in breaking into small groups. Novick stated that she went through the latest redlined version of the Charter, and added some commas and semi-colons to aid in the Charter reading "more smoothly," and she asked for the members' comments on this. She would like to give this to Dilkes for review. Sueppel stated that Novick should give this to Dilkes, but asked that Dilkes hold on to this until they are ready to incorporate more changes, and do this all at once. The members agreed. Kubby suggested they have a sign-in sheet, and also suggested they use this to contact interested citizens about the January hearing. Novick asked if the high schools in the area were invited to the December 1 session. The members agreed to have Karr send the letter, regarding the session, to all three high schools. MEETING SCHEDULE There were no changes to the schedule at this time. Novick asked if the members wanted to change the December 8 meeting to 8:00 AM (instead of 7:00), but members felt that with this being the first meeting after the December 1st public session, they may need the time to review how the session went. REVIEW CHARTER Nothing at this time. OLD BUSINESS None. ADJOURNMENT MOTION: Chappell moved to adjourn the meeting; seconded by Novick. Meeting adjourned at 8:40 AM. MINUTES FINAL CHARTER REVIEW COMMISSION - COMMUNITY DISCUSSION WEDNESDAY, DECEMBER 1, 2004 - 5:30PM ROOM A, IOWA CITY PUBLIC LIBRARY Members Present: Kevin Werner, Andy Chappell, Karen Kubby, Nate Green, Naomi Novick, Vicki Lensing, Lynn Rowat, and William Sueppel, Chair Members Absent: Penny Davidsen Staff Present: Marian Karr, Eleanor Dilkes OPENiNG REMARKS BY CHAIR: Chair Sueppel welcomed everyone to this evening's Community Discussion. He briefly explained that they would be breaking into smaller groups, with a facilitator and a scribe (both being Commission members) leading each group. He stated that each facilitator will open the discussion with dialog concerning the respective issues that the Commission has noted, but he further stated that this is everyone's meeting, and he welcomed public comment. The Charter Review Commission at a glance: · have been meeting since May 2004; · have held 19 meetings, with approximately 50 hours of discussion; · have reviewed the Charter in full three times. INTRODUCTION OF CHARTER MEMBERS: Sueppel then introduced the members of the Commission: Andy Chappell, Johnson County Assistant Attorney; Penny Davidsen, not present this evening, but keeps in touch through telephone conference; Naomi Novick, former Mayor of Iowa City and long-time activist; Nate Green, first year law student at U of I, former President of the Student Government; Vicki Lensing, State Representative with interest in community affairs; Lynn Rowat, President of West Bank; Karen Kubby, long-time City Council Member and active in municipal affairs; Kevin Werner, Iowa State Bank; and Bill Sueppel, Chair of the Charter Review Commission. BREAK OUT INTO SMALL GROUPS: Sueppel noted that everyone's nametag has a number on it. After a head count of approximately thirty attendees, Sueppel had everyone break into four smaller groups by number. Issues to be covered by facilitators: · election of mayor at-large by the voters, versus by the Council members; · change the make-up of the Council; i.e.: (4) district seats and (3) at-large; · should voters within each district select their candidates at the primary election, and also their representative, at the City election. (TAPE OFF) Charter Review Commission December 1, 2004 Page 2 REPORTS OF SMALL GROUPS Novick started the discussion (Attachment # 3), stating that she and Chappell had an excellent discussion group. Their group discussed the election of the mayor issue. The main points noted were: · responsibilities, i.e.: does the mayor vote or not; · mayor should be someone with Council experience; · whether or not the role of the mayor should be "passed around among Council members"; · should the mayor have term limits; · if elected for a 2-year term, should the mayor be allowed a second 2-year term; · group agreed that two 2-year terms should be the limit for a mayor as a Council member. Chappell added that the consensus among their group was that the mayoral position should remain selected by the seven City Council members, as it currently stands. He noted that there were concerns about having this position be a directly elected one, namely with concerns over the power this position would have. Werner next discussed the group that he and Green led (Attachment # 1). He stated that one of their group participants, in regards to the mayor being directly elected, asked why they would change this process if the duties or powers of the mayor will not change. Some main issues in this group: · more democratic to have a directly-elected mayor; · citizens at-large would have their say as to who the mayor should be; · name recognition - does that make for a "strong" mayor; · experience needed; · leadership; · expectations when elected by citizens at-large, with no change in duties; · directly-electing mayor is more connection with citizens; · representation; · money spent on elections - running for mayor vs. a council seat. Next, Rowat and Lensing (Attachment # 2) reported on their group's discussion. Lensing noted that their main issues were: · role of the mayor - ceremonial vs. strong mayor; · consensus was: if duties of mayor remain the same, then so should the system; · options the group discussed: do nothing; entertain the idea of term limits; or look at changing the role and responsibilities of the mayor, which would then open the possibility of also changing the way the mayor is elected; The final group to report was Kubby and Sueppel. Sueppel stated that they also had a good discussion, and that their points were: · why have an election at-large if powers do not change; · strong mayor form of government discussed at length; · city manager role with a strong mayor; Charter Review Commission December 1, 2004 Page 3 · cooperative city council vs. a political contentious council; · "with a weak mayor, a general election makes no sense"; "voter turnout would increase if we had an election of a mayor"; "it works, why change it"; "we wouldn't have had an Eric Shaw issue if we had elected a mayor at-large, rather than someone who would have given a different turn on the issue than the city did at the time"; · qualifications and experience. The second issue, of districts, was discussed next. Novick started this discussion with their group's main points: · nominations from districts vs. at-large; · when elected at-large, does a representative feel they are representing their district; · is a district representative more aware of district issues, and more apt to bring them to the council; · neighborhood associations - role in community; · (4) districts vs. (3) - not a majority consensus to change; · district representatives be elected by district voters only. Werner noted that their group's points on this were: · to be able to care about your district, as well as the entire community; · when candidates run in their districts, they run for a third of the town, but then have to run in the entire community in the general election, and the ensuing confusion this causes; · getting more information to the voters on who they are voting for; · size of districts - redistrict after the census; · shape of districts - how does this effect the community; · qualified and good leadership in council - help or hurt with change in districts. Green added that there was a consensus in their groups that the four districts, versus three districts, did not matter either way. Lensing noted that their group also spent a lot of time talking about the confusion of the current system, as well as: · desire for effective leadership; · how the city has changed in the last 30 years - population growth and change; · consensus of group: more districts are needed, with a (4) district and (3) at-large seats; · discussed making the council larger, but after discussion, seven is a better number; · being elected by districts vs. at-large; · disenfranchising voters by not allowing them to vote for everyone. Charter Review Commission December 1, 2004 Page 4 Sueppel noted that their group (Attachment # 4) consensus appears to be the opposite. Their issues were: · consensus of group was to stay with (3) districts and (4) at-large, but they want the district people to be elected by the voters within each district; · confusion of not knowing district representatives; · cheaper to run for district vs. all at-large; · discussed having as many districts as possible, but not more than (7); however, as the discussion continued, people were more concerned about electing the people from within their district vs. the number elected. Sueppel then asked if anyone on the Commission had any issues they wished to raise. He then asked the Commission members to write up the notes they took during their group discussions, and to bring them to the next Commission meeting. LARGE DISCUSSION OF CHARTER: Sueppel opened up the floor to the public, asking that anyone who wishes to address the Commission needs to come forward to the microphone. Don Anciaux, 2119 Russell Drive, thanked the Commission for their work on the Charter Review. He feels the Council representation would be better served being at-large 1, at- large 2, at-large 3, and at-large 4. Sueppel asked for clarification on this system. Caroline Dieterle rose next, and stated that she is particularly interested in Section 2.08 Appointments made by Council, and Sections 4.04, Duties of the City Manager. She stated that three summers ago she helped to circulate a petition, asking for amendments to the Charter, and that one of these amendments being asked for was to have the City Council appoint the Chief of Police. She would like to see this inserted in Section 2.08. She said they had at least 1,600 signatures on this petition, and there was widespread support for this. Under the Duties of City Manager, she noted that point 3, under 4.04, "appoint the Chief of the Police Department and the Chief of the Fire Department with the approval of the City Council." She asked why this was underlined in the new version of the Charter, to which Sueppel noted that this is new. Kubby noted that this is a clarification in the current process. Dieterle stated that she feels the Council should appoint the Chief of Police, not the City Manager. Her other concern is the remark made at the beginning of this meeting, in reference to Section 8.01, Item C. She asked about this section, and if the number of signatures has changed. Sueppel noted that this is the Iowa Code, and not a change by the Commission. Her next concern centered around the "right to petition" issue. Sueppel asked Dilkes for clarification on this issue. Dilkes stated that the State Code provides that objections can be filed to a petition to amend the Charter, and that those objections will be reviewed by a committee, made up of the mayor, the clerk, and another council member, to hear those objections. Those provisions come from Section 362.4. Dieterle stated that she feels the Commission should make some representation to the State that this dilutes the redress that the citizens have, as it means it is much easier for the city government to keep something from being Charter Review Commission December 1, 2004 Page 5 voted on that has been petitioned for validly. One of the main points of these petitions was that the citizens wanted the Chief of Police to be appointed by the Council. Tom Carsner stated that he wanted to echo some of the issues they discussed in his group, as well as to offer an apology to anyone if he steps on toes. He stated that the election of the mayor does have a direct impact on the powers of the mayor. He feels we need to change the Charter to a "strong mayor" form of government. (TAPE ENDS) He feels that the low salaries paid to the City Council members eliminates many people from considering these positions, due to the time commitment. He feels the counselors should receive a part-time salary, somewhere in the range of $20,000-$30,000, in order to allow these people to give more of their time. He does not like the City Manager position being relied upon so heavily. He feels citizens would give more input if the council members were responding more directly to them. Sueppel asked him what he considers a strong mayor form of government. Carsner stated that it would be one where that person is elected directly by the citizens, and that powers which currently reside with the city manager would come to this position, as well. Dean Thornberry stated that he disagrees with the previous speaker. He thinks the current form of government is fine. Jay Honohan, 1510 Somerset Lane, stated that under 7.01 B Limitations, the new item, K, being added, he suggested the words "capital improvements" rather than "public improvements". He stated that he is also strongly in favor of the current form of government, and that it works well in this community. He also noted that the language, concerning the Chief of Police and Chief of the Fire Department, is excellent, and he agrees with this. He further noted that the City Council has always been a part of this process, and the language now shows that. He finished with thanking the Commission for their hard work. John Balmer, 10 Princeton Court, next addressed the Commission. He thanked the Commission for a very thorough discussion on the Charter. He stated that he would also endorse the current form of government. He does strongly encourage term limitations for the mayoral position. Kubby asked if he had any specific ideas on limits, to which Balmer replied that he feels two terms should be it. Under Section 7.03, Eligibility, he asked if the Commission has discussed "raising this bar" or not, as he feels this number should be higher as it is too easy to obtain signatures. Sueppel stated that they have had discussion on this, and two issues were raised. One is that on an initiative and referendum petition, you must be a qualified voter, versus an eligible voter; and that this is a limitation. Secondly, 25% is a fairly substantial number, and Kubby noted that the average would have been around 2,200, so the 2,500 is actually above this. Sueppel noted again that these have to be qualified voters at the courthouse, or they do not count. John Neff from Iowa City stated that he would like to reemphasize that the city has doubled in size in the last 30 years, and there is a much wider range of incomes now. He feels they may need to make some adjustments because of this. One would be to increase Charter Review Commission December 1, 2004 Page 6 the number of districts, and he feels that four should be the minimum. He would also like to see the council play a much more active role. He states that the power has shifted from the council to the city manager way too far, and there needs to be a balance. Garry Klein next spoke to the Commission. He thanked the Commission, and noted that the small groups concept was a good idea. He stated that he agrees with John earlier, that each district should vote for the representative in their district. He noted that this would simplify the voting process, in his opinion. Some clarification was made on how this process is currently. Dieterle stated that she had a question concerning Section 7.01, D. She asked the Commission if they could give her an example of what subject would be appropriate for an initiative and referendum. Kubby stated that one example she can think of is a pesticide ordinance. She noted that this would be an issue-oriented ordinance, if it were not preempted, for instance. The First Avenue project was used as an example. Dieterle then asked which boards and commissions are mandated by the State. She noted that under this Section, it states the Council. Sueppel noted that Planning and Zoning, Board of Adjustment, Civil Service, and Library would be examples. Dieterle questioned the Commission on whether or not it would be possible, under Boards and Commissions, that the City would have to have a board of Police Review, and give it some real power. Sueppel stated that he believes this could be done. Dieterle requested that the Commission consider adding this to the Charter. Sueppel stated that they would have to defer to the City Attorney, and the Commission will find out about a Police Review Board. Carrie Watson stated that she would agree with Tom Carsner, who spoke earlier. She feels there needs to be more responsiveness to the electorate in Iowa City, and her question for the Commission is how seriously are they looking at changing the actual structure of the City to a strong mayor. Chappell noted that their small group focused on the issue as it was written - the ide~t of having a mayor elected by the council versus a weaker mayor, elected by the electorate. Dale Shultz spoke next, and stated that he supports the idea of electing district council members, only from those who live in those districts. He feels this is a good idea as it makes the election smaller, and more accessible, especially for new candidates. Ann Bovbjerg, Iowa City, asked the Commission if they have received anything from the citizens in Iowa City, or from the City government or its different division, that has suggested any specific changes that are desired. Chappell stated that some of the changes in the latest "red lined" version of the Charter are reflective of comments they have heard from the public. He noted that staff has only brought up issues needing clarification. Kubby noted that this is mainly in the initiative and referendum section, in order to make it more clear for people. Sueppel noted that there have not been any major issues brought up. Charter Review Commission December 1, 2004 Page 7 Dale Shultz spoke again and asked about Section 7.01 B - Limitation on initiatives and referendums. He asked about the statement "or notice to bidders" and asked for clarification. Sueppel noted that they were coming up with two different cut-off points. Discussion continued on the process with bidding and letting of contracts. Kubby followed up with telling the attendees that the Commission will be reviewing all of tonight's information, suggestions, comments, etc., and that those who signed up this evening will be getting a personal invitation to the next public hearing. Sueppel noted that meetings are scheduled for December 8, from 7-9:30 AM; December 13, from 7-9:30 AM; and then tentatively there will be another public hearing on January 20 at 7:00 PM at City Hall. Charter Review Commission December 1, 2004 Page 8 ATTACHMENT # 1 (page I of 2) (Flipchart for Werner/Green group) Mayor No change in duties- why have the Mayor elected separately? This would create confusion with voters. Directly elected Mayor would be more democratic, A candidate may have name recognition with our citizens; however, this person may not be best qualified to be Mayor. Experience and leadership were discussed. Separate election creates expectations for the Mayor. With no changes in duties this would create voter confusion. Directly elected Mayor would have more connection to citizens. More money spent on elections. May eliminate some candidates due to financial resource limitations. Since the Mayor represents the City, citizens should elect. Selection behind the scenes. Want the process more public. Try with a sunset clause. Trust people to vote, take part in elections and elect the Mayor. Charter Review Commission December 1, 2004 Page 9 ATTACHMENT # 1 (page 2 of 2) (Flipchart for WernedGreen group) District Seats, Care about districts as well as entire community. Current system is best of both worlds. What is the most important issue facing our community? Depending where voters live the answer will vary. Need district representation. Candidates run primary campaign in 1/3rd Of City. General election candidates need to reach entire community. Not fair to voters who need education on the candidate as they are expected to vote. Confusion for voters. Confusion - I can't vote for you because you are not in my district. Size of districts. Redistrict after census. 2.02 Make this a requirement. Current system is hard to understand. Shape of districts. Don't want districts to override City. Keeping the best interest of our community in mind. Difficulty in recruiting good City Council candidates to run. Voting systems. Vote for too may candidates. Election by district only to avoid confusion. How are the districts drawn? Charter Review Commission December 1, 2004 Page 10 ATTACHMENT # 2 (page 1 of 2) (Flipchart for Rowat/Lensing group) Election of Mayor More costly campaigns Disadvantage to those who cannot raise contributions More conflict - power perspective Directly elected by people - more democratic If duties stay the same, keep current process Term limits for mayoral position Opportunity for all Council Members What is role of Mayor? Ceremonial - equal among Council OR More power/responsibilities Stronger role for Mayor - change election process Roles of Council/Mayor/City Manager Council elected Mayor - not necessarily best person Directly elected Mayor - not necessarily best person Is there community sentiment for a strong mayor? Philosophical vs. pragmatic Concern is lack of effective leadership Currently - Council Time spent reacting vs. being proactive Choices: do nothing keep with term limits change role/responsibilities and way of electing Charter Review Commission December 1, 2004 Page 11 ATTACHMENT # 2 (page 2 of 2) (Flipchart for Rowat/Lensing group) District Structure Current mix works - current city size supports Citywide voting for all seats Minimum of 4 districts All districts (w/strong Mayor) Disenfranchised voter if not allowed to vote for all seats Geographic districts have specific issues Within special districts Social interests Economic interests District issues rs, City-wide issues More districts needed - forces one to know your district Overall viewing of city vs. district viewpoint Full time job @ part-time pay More districts needed (4 districts/3 at large/ Vote by entire community not just district Election confusion - more time spent on educating public than discussing issues Population increases economic/income differences More districts would help District-wide election More representative of district Less $, less signs Smaller population base to represent Council size of 7 - probably appropriate District issues or geographic distribution Cc:CharterReviewCommission/comrnunityattachment Charter Review Commission December 1, 2004 Page 12 ATTACHMENT # 3 (Notes from Chappell/Novick Group) Mayor This group acknowledged that electing a Mayor in the City Election rather than by the Council would be more democratic. However, having a Mayor with City government experience was more important. One person's example was the complicated City budget that is discussed at the beginning of a term. Other comments: Mayor reflects the general tenor of the Council. Council Members select a Mayor who is compatible and a good leader. Council Members should be willing to accept the responsibility of Mayor. A Mayor should be limited to two consecutive 2-year terms. There was general agreement on this term limit. District Seats There was some confusion about the election of district Council Members by citywide voters. There was a good discussion of the district Council Members elected by district voters only, but there wasn't a real agreement to change the current system. A change from 3 city districts to 4 districts created a split that was around half the group on each side. Other comments: District Council Members should be aware of district issues and bring them to Council. Are they supposed to represent just that district? Neighborhood Associations also bring district issues to the attention of the Council Members. Charter Review Commission December 1, 2004 Page 13 ATTACHMENT # 4 (page 1 of 2) NOTES ON GROUP FOUR DISCUSSION OF MAJOR ISSUES Karen Kubby, Facilitator Bill Sueppel, Recorder A. MAYOR 1. Comment that we do not have a mayor and that the mayor is so weak that it is not really like having a mayor, and the mayor should be elected at large. However, when asked what the individual would suggest as a strong mayor, the person indicated they had not thought it out. Generally, the person's feeling that the mayor should be elected at large wanted a stronger mayor because they felt that the city manager had too much power. 2. Assuming that we are going to retain the powers of the mayor as presently set out, which some people have described as "weak", several of the people did not see what sense it made to elect the mayor at large. 3. The issue of increased voter turnout was raised, assuming that a spirited contest for mayor in the general election would increase the turnout. 4. Another opinion expressed that this seems to be working - why change it? 5. The Eric Shaw issue arose in the context that it was believed that if Iowa City had a strong mayor, the mayor would have responded in a more considerate manner to the issues raised in Eric Shaw's death. 6. The question of qualifications and experience arose, and the general consensus was that this could cut both ways. A qualified person may not be experienced, and an experienced person may not be qualified. On the other hand, there were some comments to the effect that getting to know the council members over a period of a year or two's meetings would give the council members a good sense of who could lead the city as mayor. Charter Review Commission December 1, 2004 Page 14 ATTACHMENT # 4 (page 2 of 2) NOTES ON GROUP FOUR DISCUSSION OF MAJOR ISSUES B. DISTRICTS 1. Number at large and by district. a. At first, there was some discussion that there should be as many district seats as possible, even up to five. b. There was also some discussion about why the city didn't have nine council members, but it appeared that almost all of the participants felt that seven was the proper number. c. In the end, it appeared that more of the people would opt for a three-district four at large i_f the three district council members were chosen by the people living in that district only. 2. Districts electing their own council member. a. One comment was that the whole situation in First Avenue was disgraceful in that the concern of the people living in First Avenue was washed away. The question was asked as to whether this was because of a weak representative from that district or whether the election of the council member from that district by the district voters only would have made a difference and, of course, there was no easy answer to that question. b. Another suggestion was that in areas where you have ethnic, economic or other types of a majority of people residing in the districts, there is a very strong belief that the council member should be elected only by the people in that district. The election of people at large dilutes the vote of people residing within a district. Two comments were made by one participant: We need a lot more politicking on the city council; and the second comment was that a small group of people in Iowa City actually make all of the decisions. c. Electing district council members by districts makes it possible for someone to run a less expensive campaign than having to campaign all over the city. d. The overwhelming preference in this group was to have the council member elected by the district, and the final sentiment of the group seemed to be that we should retain the three districts and four at-large, but that the three district members should be elected within the district. e. The present system is confusing, and many people do not know for sure who their district representative is. MINUTES IOWA CITY AIRPORT COMMISSION FINAL NOVEMBER 11, 2004 IOWA CITY AIRPORT TERMINAL Members Present: Randy Hartwig, John Staley, Dan Clay, Carl Williams, Michelle Robnett Members Absent: None Staff Present: Sue Dulek, Jeff Davidson Others Present: David Hughes, Dave Larsen, Rick Mascari, John Ockenfels, Ron Duffe, Greg Downes, Greg Zimmerman Call to Order: The meeting was called to order at 5:50 PM Recommendations to Council: None Approval of Minutes: Staley moved and Clay seconded motion for approval of minutes from October with one amendment. In the third to the last sentence of Item A entitled "Runway 7 Project-Earth Tech," the Minutes should read: "Clay posed," not "Clay poised". Motion carried 5-0. Public Discussion - Items not on the Agenda: Rick Mascari presented to the Commission some old photos of the terminal. 'Unfinished Items for Discussion / Action: None Items for Discussion / Action: A. Runway 7/25 Project- David Hughes updated the Commission on progress. He described the analysis underway to determine the width of the extension (100' vs 150'). He presented information from the State on the pavement condition report it recently conducted. He has been in touch with FAA concerning reimbursement for additional expense with respect to relocation of Dane Road; he has not received a reply yet. Mr. Hughes reported he had heard from Mr. Jim Finley of the FAA with respect to the VOR approach to 36. Mr. Finley indicated that the time needed to change the approach to a VOR-A is only the time needed to republish, not the 2-3 year time frame for a new approach. Dave Larsen discussed possible changes to his development. The issue of moving dirt was discussed. Mr. Larsen met with Mr. Hughes earlier in the day and discussed possible time frame of the project's need for dirt and Mr. Larsen's time frame to remove dirt. The process the FAA requires was also discussed. The possibility of stockpiling the dirt was discussed. B. Strategic Plan- Asst. Planning Director Jeff Davidson presented a summation of the Strategic Plan up to the present with a prioritization of goals and a summary of the strengths and weaknesses as determined at the last meeting. Discussed the need to match strategies to goals and the remaining timeline for completion. Discussed the form the final document should take. Discussed the need to continue to keep Council apprised of elements that may already be in progress. Commission agreed to forward to Mr. Davidson specific strategies to accomplish stated goals; and kept open the possibility for a special meeting to further a timely completion. Airport Commission November 11, 2004 Page 2 C. Aviation Commerce Park- Chairperson Hartwig discussed his conversation of Nov. 11 with Harry Wolf and the present state of negotiations with interested party for lots. He indicated Mr. Wolf thought there may be a need for a special Commission meeting before the December Commission meeting to discuss an offer. Mr. Clay indicated that if the possible sale goes through the Commission may want to re-evaluate the remaining lots and whether the Commission may want to try to lease these lots. Mr. Dowries offered that the possibility of leasing ground in this market is nil due to lenders' lack of desire. D. Airport Budget- Discussed the timeline of City action on budget. Members asked about the availability of report on the current versus last year budget expenditures and the possibility of including such information in the monthly packet. E. Airport Management- The agreement with Jet Air is ready to forward to Jet Air for its signature. Discussion on the shape of future management structure took place. The present situation with the FBO was discussed. Mr. Mascari offered that should the situation with Jet Air change it would not be in the Commission's best interest to have an arrangement with a company not based in Iowa City. The use of interns was discussed with an emphasis on the need to have specific goals in mind should the Commission use them. Also, the possibility of aviation management graduates and the plus / minus of this level of experience. Mr. Ockenfels presented his perspective on his experience of hiring the last manager and the restrictions present from the City with respect to ability of the Commission to set pay etc. Also discussed were the need of the Commission to set, through performance standards / reviews, the level of manager compensation. Mr. Ockenfels expressed his view that Iowa City is a perfect stepping stone position for managers looking to gain experience to move to larger airports. The need to have the Strategic Plan guide the manager's job description was expressed. Mr. Clay expressed the view that the position the Commission finds itself at presently, with an opportunity to develop an expectation and relationship with management, hasn't happened in the past. The ability to work with the City and having a new Strategic Plan is important in implementing that relationship. Mr. Duffe related his view, gained from being in many different airports / FBOs, that successful managers seem to be aggressive, entrepreneurial type individuals. He thought the challenge to the Commission is to manage this type of individual. Mr. Clay thought an option to help the present need of help with the daily aspects of management is to look further into the use of interns. Members agreed with Mr. Clay to further discuss specifics. Ms. Dulek offered her view of interns in other City departments. F. Obstruction Mitigation Project- Chairperson Hartwig presented the results of bid for removal of trees related to project. Two bids were received and both under the consultant's estimate. Clay moved to adopt resolution (A04-01) to award the contract to Peterson Contractors, Inc. and seconded by Staley. The resolution passed 5-0 on a roll call vote. G. Airport Park- Mr. Clay presented the reply from the FAA to his letter asking for guidance in implementing the Commission's desire to provide a terminal viewing area. The FAA stated the information the Commission should provide. Clay moved and Staley seconded a motion to authorize the Chair to contact Mr. Dick Blum to provide the necessary information to the FAA. Motion passed 5-0. It was discussed that there are volunteer groups which would be willing to help in any construction work. Airport Commission November 11, 2004 Page 3 Chairperson's Report: The chair reported that the City had presented a certificate to him recognizing Mr. Jerry Kaefering had completed 25 years of service to the City. The Commission agreed to present its own recognition along with the City's. The Chair also related an article in AOPA concerning the view of a Los Angeles County representative on the type of efforts airport supporters should use to best gain positive results. The need to have Commissioners help encourage fellow citizens to serve open positions on Airport Zoning Commissions was also stated. Commission Members Reports: Clay recognized Ms. Robnett's appointment to the Commission. Mr. Williams related his attendance at the Iowa Aviation Conference. He also described the Iowa Aviation security program and how Iowa City rates. Mr. Staley related that this meeting was his one year anniversary. He stated his view that issues at the airport have taken a positive step; he too welcomed Ms. Robnett. Administrative Report: None Set Next Meeting: Set for December 9, 2004 at 5:45 PM Adjournment: Meeting adjourned at 8:05 PM S:\CLK~AIRPORT~MINS FINAL/APPROVED POLICE CITIZENS REVIEW BOARD ~ MINUTES - October 19, 2004 CAlL TO ORDER: Chair Loren Horton called the meeting to order at 7:03 p.m. MEMBERS PRESENT: Candy Bamhill (7:05), Beth Engel, Loren Horton, Greg Roth and Roger Williams MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh (7:05) and Staff Kellie Turtle OTHERS PRESENT: None RECOMMENDATION TO COUNCIL, The Board recommends approval of an amendment to its Standard Operating Procedures, Section I to clarify the administrative procedures for the complaint process, and non-substantive changes and formatting issues. CONSENT CALENDAR Motion by Engel, seconded by Williams, to adopt the consent calendar. · Minutes of the meeting on 09/14/04 · ICPD General Order #99-01 (Police Vehicle Pursuits) · ICPD Standard Operating Guideline #01-03 (Emergency Communications) · ICPD Department Memo #04-50 (July/August Use of Force Review) · ICPD Quarterly/Summary Report (QuaKer 3)- IAIR/PCRB, 2004 · ICPD Use of Force Report- August 2004 · ICPD Use of Force Report- September 2004 Motion carried, 4/0, Barnhill absent. REPORT FROM NOMINATING COMMITTEE Roth and Williams were appointed as the nominating committee at the September 14 meeting. Roth reported that the committee had come up with two scenarios. The first would be to leave the current Chair and Vice-Chair in place. The second would be to nominate Roth for Chair and Barnhill for Vice-Chair. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by Williams, seconded by Roth to prescribe the method of voting by a show of hands. Motion carried, 5/0. Motion by Engel, seconded by Roth to use the majority vote for the basis for decision. Motion carried, 5/0. NOMINATIONS FOR OFFICE OF CHAIRPERSON Loren Horton for Chair. Motion by Roth, seconded by Engel. Motion carried, 5/0. NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON Greg Roth for Vice-Chair Motion by Barnhill, seconded by Williams. Motion carried, 5/0. NEW BUSINESS None. PCRB - Page 2 FINAL/APPROVED October 19, 2004 OLD BUSINESS Proposed chanqes to Standard Operatinq Procedures. The Board reviewed the 2® draft of the proposed changes to the Standard operating Procedures. Minor additional changes were made to the draft. Motion by Barnhill, seconded by Engel, to adopt the Standard Operating Procedures as amended and forward to Council. Motion carried 5/0. PUBLIC DISCUSSION None. BOARD INFORMATION Horton revisited the notification for absences. As Chair he would like Board members to contact him and he will notify staff. If they can not reach him, then they are to call the City Clerks office Monday through Friday 8 a.m.-5 p.m. and notify staff. STAFF INFORMATION Legal Counsel Pugh stated she would not be at the November meeting. EXECUTIVE SESSION Motion by Williams, seconded by Roth, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 7:31 p.m. REGULAR SESSION Returned to open session at 7:37 p.m. Motion by Roth, seconded by Williams to grant extension to Police Chief to December 6th for PCRB Complaint #04-02. MEETING SCHEDULE · November 9, 2004, 7:00 p.m., Lobby Conference Room (MEETING CANCELLED) · December 14, 2004, 7:00 p.m., Lobby Conference Room · January 11, 2004, 7:00 p.m., Lobby Conference Room Motion by Barnhill, seconded by Engel, to cancel the November meeting due to lack of Board business. The next scheduled meeting is December 14th. Motion carried, 5/0. ADJOURNMENT Motion by Bamhill, seconded by Roth, to adjourn. Motion carried, 5/0. Meeting adjourned at 7:40 p.m. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2004 (Meetin: Date) TERM 1/13 2/10 3/9 4/13 5/11 6/8 7~13 8/10 9/14 10/19 11/9 12/14 NAME EXP. Loren 9/1/08 X O/E O/E NM X NM X X X X NM X Horton John 9/1/04 X X X NM X NM X OE ............ Stratton Greg Roth 9/1/05 X X X NM X NM X X X X NM X Roger 9/1/05 X X X NM X NM O/E X X X NM X Williams Candy 9/1/07 X X X NM X NM X X X X NM X Barnhili Elizabeth 9/1/08 ........................ X X NM X Engel KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting .... Not a Member FINAL APPROVED  Iowa Ci~ Public Library BOARD OF TRUSTEES Agenda item 3A Minutes 5:00 pm - November 18, 2004 2"`~ Floor Board Room David VanDusseldorp, President Linzee McCray, Vice President Thomas Dean Kathy Gloer William Korf Linda Prybil Pat Schnack, Secretary Tom Surer Jim Swaim Members Present: Kathy Gloer, William Korf, Pat Schnack, Tom Suter, Jim Swaim (left at 6:00 pm), David VanDusseldorp, Members Absent: Thomas Dean, Linzee McCray, Linda Prybil Staff Present: Barb Black, Maeve Clark, Susan Craig, Debb Green, Heidi Lauritzen, Kara Logsden, Martha Lubaroff, Patty McCarthy, Call meeting to Order VanDusseldorp called the meeting to order at 5:02 pm Public Discussion None Approval of minutes The minutes of the regular meeting of October 28, 2004 were approved after a motion made and seconded by Schnack/Gloer. Motion passed unanimously 6-0. New Board member Bill Korf was introduced and welcomed. Korfspoke of his interest in libraries and his background as a college teacher. Unfinished Business Building Proiect: Craig reported that we no longer have someone on the site every day. At this point we wait for parts, etc. to come in and then unfinished work gets taken care off Some meeting room issues are being completed by ECS. Leased Space: There was no update for the meeting. Kevin Hanick is very optimistic that we will have one tenant for the entire space. He is still waiting for the final go-ahead. University Heights Contract A copy of the letter signed by all parties involved was distributed to Board. The letter stated the intent of the libraries to pursue a contract for library service with University Heights. Craig spoke to Alison Galsted, Director of Coralville Public Library, who reported that her Board was enthusiastic about to re-opening the discussion with University Heights. Coralville charges $75 and Iowa City charges $125 for fee cards. Craig has informed the City Manager that Agenda item 3A Page No 2 potentially there could be some negative consequences to our budget if we were to lose the income from the fee cards; however the City Manager was supportive of the effort. Planning Process Craig reviewed the notebook that was distributed to Board members She pointed out reports that contained valuable statistical comparisons with other libraries. Results and comparisons from the recent user surveys were also included. It is apparent from the surveys that this library is very important to the community. Three items rise to the top in ail the surveys; they are to reinstate Park 'n Read, buy more books and audio-visual materials and be open more hours. A non-statistical sampling was done of one 5th grade class and the Library's Teen Advisory Group will also fill out surveys. Swaim suggested giving the survey to teen volunteers at United Action for Youth. He will follow up with his staff. FY06 Budget Update. Craig reported on her recent budget meeting with the City Manager. He said it was in good order. The large increase in replacement funds was an item that he questioned. Now we wait to see what his recommendations to City Council are. The City Council budget meeting with Boards and Commissions is January 10. It is always important to have Board members attend. Board members can talk with Council members prior to that meeting. New Business Review of Copwight Policy. This is a regular policy review. Logsden said that she and Clark watched a copy ora copyright training session and did a fair amount of research preparing to update this policy. Recommended changes bring policy into line with what is currently considered best practice in libraries. There being no questions, VanDusseldorp asked for a motion to approve the recommended changes. Swaim moved adoption of the policy as revised. Suter seconded. Motion passed unanimously 6-0. Staff Reports Departmental Reports: Adult Services, Circulation, Information Meeting Rooms are being put to good use with several very well attended programs. Logsden remarked that users of the meeting rooms appreciate the helpfulness of library staff. Circulation report pointed out the significant reduction in items reported returned and not checked in. Conditions were poor in temporary space with very little space available to organize items that hadn't been checked in. More mistakes were made. New building is more efficient. Swaim asked about the number of holds increasing and the impact it has. Lauritzen explained that it is a byproduct of circulation increasing and we will need to find more shelving to accommodate the increased holds. Information Services reported on the successful purchase prize competition reception and permanent art tours. Information about the art is now available at our web site. Clark commented on the high number of political books that made the best seller's list this year. ICPL had a display containing books on politics of all kinds. The display was so popular it was kept up for two months instead of one. Development Office Patty McCarthy was welcomed by the Board to her first meeting. The Book Gala was a great success from everyone's perspective. Jim Harris of Prairie Lights thought they raised approximately $1600. This year for the first time Atlas Grill partnered, donating a portion of their income from people who dined that evening and had receipts from Prairie Lights. Since McCarthy wrote her report announcing $1,800 in donations to the annual fund, it has increased to $6,800. VanDusseldorp asked Gloer and Suter for a Foundation Board report. Gloer reported that a big item for discussion was the Celebrating Iowa Author's event scheduled this year for May 1. Also discussed were ideas to promote the Book Agenda item 3A Page No 3 End. The Spelling Bee is scheduled for February 8, in Meeting Room A. Team sponsorship will remain at $300 with about 13-15 teams. Suter added that investments have maintained at the same level. Legislator Reception The Legislator Reception will take place here at on December 6 at 5:30 pm. Johnson County Supervisors are invited to attend, as are Board members from all the libraries. Local school librarians have been invited to attend since the former Iowa Educational Media librarian association is now a division of the Iowa Library Association. Charter Review Commission Craig included a memo to community organizations inviting them to attend an Iowa City Charter review meeting on December 1,2004. This meeting will take place at ICPL's Meeting Room A at 5:30 pm. President's Report VanDusseldorp encouraged the Board to become familiar with the information and statistics contained in the Planning Manual. He encouraged ne~ver members to familiarize themselves with the history of operation of the library and to spend time in the library. Announcements from Members Schnack is involved in a teen writing group as part of ICPL teen programming. Communications Craig reported that she has recently received several suggestions on improvements. One she said she would share with the Board was a request that library hours should be 12-9 seven days per week. Disbursements A. Review Visa Expenditures for October 2004. B. Disbursements for October 2004 were approved after a motion by Suter/Gloer. Motion passed unanimously 5-0. Set agenda order for December meeting. Meeting is scheduled for December 16, which is earlier due to the holiday. News on lease. Building project Update on University Heights Accreditation Review Adjournment Meeting adjourned at 6:30 pm after a motion made and seconded by Schnack/Suter. Motion carried unanimously 5-0. Minutes taken and transcribed by Martha Lubaroff Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD YEAR 2004 (Meetin Date) TERM 1/22/ 2/19/ 3/25/ 4/22/ 5/27/ 6/24/ 7/22'/ 8/26~ 9/23 10/28 11/18 12/16 NAME EXP. 04 04 04 04 04 04 04 04 /04 /04 Thomas 7/1/09 x x x x x O/e x x x x O/e x Dean Kathy Gloer x x x x x x Bill Korf x x Linzee 7/1/09 x o/e x x x x x x x x O/e x McCray Linda Prybil 7/1/05 o/e o/e o/e x x x O/e x x x O/e x Pat Schnack 7/1/07 x x x x x x O/e x 0/e x x x K.Jc~ge 7/I/05 o/e o/e · o~e o/e O4e Tom Suter 7/1/07 x x x x o x x O/e x o/e x x Jim Swaim 7/1/05 x o/e x x o/e O/e x x x o/e x x David Van 7/1/07 x x x x x x x x x x x x Dusseldorp KEY: X -- Present O = Absent O/E = Absent/Excused NM = No meeting .... Not a Member MINUTES FINAL ~ IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, OCTOBER 25, 2004 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. L1NN ST.-TOWER PLACE PARK1NG FACILITY MEMBERS PRESENT: Jim Pusack, Terry Smith, Saul Mekies, Brett Castillo, Kimberly Thrower MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling, Andy Matthews OTHERS PRESENT: Kevin Hoyland, Michael McBride, Josh Goding, Jon Koebrick, Phil Phillips. Beth Fisher RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Goding reported that PATV served as a judging site for the Alliance for Community Media video contest. A Live and Local program will feature a debate between the candidates for the U.S. House of Representatives. PATV's annual membership meeting will be held November 18 from 6:30-9:30 p.m. at the PATV's offices and studio at 226 Lafayette St. Hardy reported that Channel 5 has been utilized for live election programming and will provide Johnson County election results on November 2. Video on demand is now available on channel 5 featuring candidate statements and City Council meetings. In regards to refranchising the Commission passed a motion to hold a public hearing at a separate time from the Commission's regular meeting. Concerning the consumer survey Pusack noted that the viewership and public satisfaction with the access channels were said to be high and asked to what this is compared. Castillo said that the comparisons and characterizations by Rice, Williams are based on their experience with other systems around the United States. Smith said the issues raised by citizens in the comment section of the survey included strong responses about price issues and the number of channels on the basic tier. Both of those issues are beyond the control of the Commission. However, the pass-through fee and the franchise fee, which does impact the price, and the number of access channels, which effects the number of channels on the basic tier, are matters within the Commissions purview. In regards to the Cable TV Division budget Shaffer said that the pass-through fee funds allocated to equipment grants for the access channels is being supplemented by the franchise fee funds in this budget. There are no substantial increases in any budget lines. The franchise fee fund is transferring $52,000 to the library and again is transferring $100,000 to the general fund. Pusack said he is very concerned about the City using $100,000 of the franchise fee to support the general fund. Fees paid by cable subscribers are essentially funding other activities of the City budget. Pusack asked if there were other instances in the City in which revenue related to an operation was being used to support the general fund. Are there other circumstances similar to the situation with the franchise fee in which cable subscribers are paying additional taxes to the City. Helling said parking ticket revenue goes back into the general fund. There are no examples of enterprise funds being used to support the general fund. Shaffer said it had been the policy of the City Council for over 20 years to not use the franchise fee to support the general fund. Helling said that had been the policy from the beginning of cable TV in Iowa City. Koebrick said that Mediacom is providing support to local cable operations well above just the franchise fee. Mediacom generally makes those commitments when the franchise fee is dedicated to cable-related uses. Local cable operations builds value for Mediacom's service and Mediacom approaches these activities as a partner with municipalities. If the municipalities are willing to put money into local cable efforts, typically in the form of the franchise fee, then Mediacom is willing to put in additional funds. From Mediacom's point of view it is difficult to put in funds above and beyond the franchise fee when the municipality is not using the franchise fee to support local cable TV operations but merely to support the general fund. Mediacom's competition in the marketplace, which is growing, is not subject to franchise fees and does not support local cable operations. Mediacom will be writing a check for about $185,000 in January to support PATV. If the City is taking $100,000 for the general fund, why shouldn't Mediacom be paying $85,000 instead? APPROVAL OF MINUTES Mekies moved and Castillo seconded a motion to approve meeting minutes of September 27, 2004. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint reports included in the packet and noted that there were 3 complaints- 2 about outages and 1 about a billing problem. MEDIACOM REPORT Koebrick reported that the Video on Demand service is available and is growing. A system patch for the digital converter boxes is now being implemented. UNIVERSITY OF IOWA REPORT Michael McBride reported the University of Iowa channel is averaging about 16.5 hours of locally produced programming and 7.5 hours of SCOLA per day. PATV REPORT Goding reported that PATV served as a judging site for the Alliance for Community Media video contest. A Live and Local program will feature a debate between the candidates for the U.S. House of Representatives. PATV's annual membership meeting will be held November 18 from 6:30-9:30 p.m. at the PATV's offices and studio at 226 Lafayette St. SENIOR CENTER REPORT No representative was present. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that the schools have a goal of having each school generate at least one program per semester. More concerts and other activities are expected to be taped and cablecast than in past years. The Education Exchange series will be producing more programs. LEGAL REPORT Matthews said he had nothing new to report. LIBRARY REPORT Fisher reported that there have been many live events that have been taped for cablecast over the past month. October was a very busy month for the library channel. Tamera Pierce, an author of children's books gave a talk at the library that drew over 300 people. KIRKWOOD REPORT No representative was present. MEDIA UNIT Hardy reported the Media Unit and the Community Television Service have been very busy during the election season. In addition, new programs are underway for the water series, fire safety week, and the Human Rights Awards Breakfast. Channel 5 has been utilized for live election programming and will provide Johnson County election results on November 2. Video on demand is now available on channel 5. CABLE TV ADMiNISTRATOR REPORT Shaffer reported that InfoVision has a redesigned database. Shaffer said he has been busy working on the budget, which is included in the meeting packet. Avatar programs are planned for December 13 and January 10. REFRANCHIS1NG Shaffer referred to the memo in the meeting packet that outlined the refranchising process so far. The memo details the areas in need of further negotiation and the points upon which there is agreement. Castillo said that the outage period qualifying for a refund has been reduced to 4 hours. The costs for installing additional origination points for the local access channels has been discussed. Mediacom will be providing the results of the signal check of the access channels' signal. Pusack asked about the area impacted by an outage before a rebate is offered. Koebrick said that the language will be consistent with Mediacom's practice of providing rebates for individual outages. Pusack asked about the form of the agreement. Koebrick said that an ordinance could be passed which modifies the language of the agreement. Castillo said that the on-going items listed in the memo would have specific language developed for amending the franchise agreement. Shaffer said that the Commission may, but is not required, to hold a public hearing. If one is held it should be conducted before making a recommendation to the City Council. The Commission needs to decide if they wish to hold a public meeting and if so, whether to make it part of their regular meeting or to hold a separate public heating. Matthews said that the City Council is required to hold a public hearing and would do so during their regular meeting. Mekies moved and Smith seconded a motion to hold a public hearing at a separate time from the Commission's regular meeting. Thrower asked if Rice, Williams would attend the public hearing and about the role of Commissioners at the hearing. Shaffer said Rice, Williams can be available to answer questions. City staff will be attending and available to answer the public's questions. Koebrick said he would also be attending and will be available to answer questions. Matthews said the City Council typically does not answer questions from the public and primarily gathers public input at public hearings. The Commission voted unanimously to plan for a public hearing. CONSUMER SURVEY Shaffer noted the questions submitted to Rice, Williams about interpreting the survey and their responses. Castillo said that the poor signal quality on some channels revealed by the survey have been addressed in negotiations and have been resolved or are in the process of being resolved. Pusack noted that the viewership and public satisfaction with the access channels was said to be high and asked to what this is compared. Castillo said that the comparisons and characterizations by Rice, Williams are based on their experience with other systems around the United States. Smith said the issues that had strong responses are price issues and the number of channels on the basic tier. Both of those issues are beyond the control of the Commission, however, the pass-through fee and the franchise fee, which does impact the price, and the number of access channels, which effects the number of channels on the basic tier, are matters within the Commissions purview. Castillo said that there were no demographic questions asked, but the calls were made during a period when students were in town. Given the low number of people responding that they had cable service two years or less, the student population may have been under-represented. During the public hearing this needs to be kept in mind. CABLE TV DIVISION BUDGET Shaffer said that the budget included in the meeting packet will be forwarded to the City Manager prior to going to the City Council. The budget spends no more than is taken in. The pass-through fee funds allocated to grants for the access channels is being supplemented by the franchise fee funds in this budget. There are no substantial increases in any budget lines. The franchise fee fund is transferring $52,000 to the library and again is transferring $100,000 to the general fund. Smith noted that there are three major budgets-the franchise fee at about $600,000, the pass-through fund at about $114,000, and PATV's operating budget at about $185,000. Shaffer said a 4% increase in franchise fee revenue is projected. Pusack said he is very concerned about the City using $100,000 of the franchise fee to support the general fund. Fees paid by cable subscribers are essentially funding other activities of the City budget. Pusack asked if there were other instances in the City in which revenue related to an operation was being used to support the general fund. Are there other circumstances similar to the situation with the franchise fee in which cable subscribers are paying additional taxes to the City. Helling said parking ticket revenue goes back into the general fund. There are no examples of enterprise funds being used to support the general fund. Shaffer said it had been the policy of the City Council for over 20 years to not use the franchise fee to support the general fund. Helling said that had been the policy from the beginning of cable TV in Iowa City. Koebrick said that Mediacom is providing support to local cable operations well above just the franchise fee. Mediacom generally makes those commitments when the franchise fee is dedicated to cable-related uses. Local cable operations builds value for Mediacom's service and Mediacom approaches these activities as a partner with municipalities. If the municipalities are willing to put some money into local cable.operations, typically in the form of the franchise fee, then Mediacom is willing to put in additional funds. From Mediacom's point of view it is difficult to put in funds above and beyond the franchise fee when the municipality is not using the franchise fee to support local cable TV operations but merely to support the general fund. Mediacom's competition in the marketplace, which is growing, is not subject to franchise fees and does not support local operations. Mediacom will be writing a check for about $185,000 in January to support PATV. If the City is taking $100,000 for the general fund, why shouldn't Mediacom be paying $85,000 instead? Pusack said that it would be possible to figure out what the impact of the City taking $100,000 on the rates subscribers pay. Castillo said that if the City Council wishes to continue to use the franchise fee to support the general fund in dire economic periods, the Commission might wish to request a commitment to restore those funds after the crisis has passed and request a time table for doing so. Pusack said that in the past the Cable TV Division was able to put money into a reserve fund and is no longer able to do so. In essence, the Division is eating its seed com. ADJOURNM,ENT Smith moved and Mekies moved to adjourn. The motion passed unanimously. Adjournment was at 6:38 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator