HomeMy WebLinkAbout1999-11-23 Bd Comm minutesMINUTES
BOARD OF APPEALS
MONDAY, OCTOBER 4 1999, 4:30 PM
IOWA CITY MAIN LOBBY CONFERENCE ROOM
APPROVED
MEMBERS PRESENT:
Anna Buss, Robert Carlson, Tim Fehr, Wayne Maas, John
Roffman, Tom Werderitsch
MEMBERS ABSENT:
Gary Haman
STAFF PRESENT:
Tim Hennes (Sr. Building Inspector), Gary Klinefelter (Housing
Inspector), Roger Jensen (Fire Marshal), Dennis Mitchell (Asst.
City Attorney),
OTHERS PRESENT:
Frank Fleming
CALL TO ORDER:
Chairperson Carlson called the meeting to order at 4:35 p.m.
CONSIDERATION OF MINUTES OF THE AUGUST 5, 1999. MEETING:
Carlson moved to approve the August 5, 1999, meeting minutes as submitted. Roffman
seconded the motion. The motion carried by a vote of 5-0 (Buss came late).
APPEAL REQUEST: A VARIANCE FROM HOUSING CODE SECTION 14-5E-17 F 1 f. and
APPEAL OF THE BUILDING INSPECTOR'S INTERPRETATION OF THE BUILDING CODE.
(505 MELROSE CT):
Owner Frank Fleming began by stating that when he buys a property he requires the owner to
get a rental permit so that he will have advance knowledge of the city's requirements to rent the
property before he purchases it. This process started in 1988 when it was inspected by a City
Inspector for the previous owner, Laura Hartz. At that time he made numerous repairs to comply
with the housing code and the rental permit was issued. Since 1988 the building has been
inspected three times, each time he received a rental permit. This year Inspector Klinefelter
issued a notice of violation with the issue being brought to the Board today, which states that
the windows in the basement bedroom do not meet the egress standards. Fleming indicated
that since he has been allowed to operate under these premises for the last twelve years he
would like to continue the operation as such.
Klinefelter then clarified that a certificate of structure compliance is issued the first time that a
property is inspected and it is good for the life of the building. However, every three years the
rental permit is renewed. He stated that the assumption is that after a structural compliance
certificate is issued there should not be any major structure issues, unless there has been a
structural change in the use of the building.
Werderitsch clarified that the attached three-seasons room was in place when Fleming
purchased the property. He also clarified that the egress standards have not changed since
Fleming purchased the property. Code requires that an egress must be 20" wide, 24" vertically
and 5.7 sq. feet minimum.
Klinefelter explained the issue is the size of the egress window and the windows that lead to the
three-season room. The windows leading to the room do not allow the fire department to see
the windows as a route of entry should a fire occur. There are doors at the extreme southeast
and southwest corners of the three-seasons room.
Board of Appeals Minutes
October 4 1999
Page 2
Buss expressed her concern that there have been several inspections and now there is an
issue. She stated that this is not the first time that these issues have come before the board.
Carlson reviewed the housing code requirements which must be met in order to grant a
variance: There must be practical difficulties or unnecessary hardships carrying out the strict
letter of any notice or order; the effect of the application of the provisions under the
circumstances would be arbitrary; an extension would not constitute an appropriate remedy for
these practical difficulties or unnecessary hardships; and the variance would be in harmony with
the general purpose and intent of this article in securing the public health, safety and general
welfare.
Carlson stated the question is whether the variance would be in harmony with the general intent
of the article in securing the public's general health, safety and general welfare. The fire
department indicates that accessing a bedroom egress window through the three-seasons room
is not acceptable, as it does not affect an entry without going back into the building.
Carlson made a motion as follows: With regret the Board is declining the appeal. The applicant
has done everything that was reasonably prudent to get to this point, but the safety of the
bedroom takes precedence and an egress window does need to be provided out of the sleeping
room. The motion was seconded by Roffman.
A roll call vote was taken:
Maas- Yes
Buss- No
Werderitsch-Yes
Roffman-Yes
Fehr-Yes
Carlson-Yes
Carlson explained to Fleming that had a housing code variance been issued there would be
thirty days in which the City Council could veto the variance. He went on to say that logic tells
him that there could be a thirty day window in which the City Council could override the denial.
Attorney Mitchell stated he did not believe the Council could override a denial.
Carlson then made the motion to grant an extension for the required egress modification to be
completed by June 1, 2000. Maas seconded the motion. The motion passed with unanimous
consent.
REQUEST FOR VARIANCE: A VARIANCE FROM THE BUILDING CODE AND AN APPEAL
OF THE BUILDING INSPECTOR'S INTERPRETATION OF THE BUILDING CODE (515
COLLEGE STREET).
This request is made by John Roffman and he has recused himself as a board member while
this item is on the table.
Roffman explained that the issue is this efficiency apartment meeting the 220 sq. ~. minimum
requirements. The efficiency was measured to have 195 sq. feet going from inside wall to inside
wall less the closet space. He explained that the unit does have a separate bathroom and this
was not included. This unit is one unit within a building that has several other apartments. There
is no common bathroom or kitchen area. The issue becomes the habitability of this as an
efficiency apartment.
Board of Appeals Minutes
October 4 1999
Page 3
Attorney Mitchell then verified the definition of habitable space as an area that does not include
compartments, closets, halls, storage or utility space.
Carlson said that he would include the eating area as habitable space as it does not have to be
as a separate space.
Buss said by making this an efficiency rather than a sleeping room Roffman was improving the
quality of the environment. The proposed kitchen area allows for a safer environment rather
than having a hotplate or toaster oven which is a fire hazard.
Maas then clarified that according to Section 207-F floor area is measured as area within the
surrounding exterior walls of a building portion thereof, exclusive of vent shafts and courts.
According to this the measurement would be from the inside face of the exterior walls. This
would make the area 195 sq. feet for this efficiency apartment.
Carlson verified the requirements for a modification of the building code as follows: When there
are practical difficulties involved in carrying out the provisions of the Code the building official
may grant modifications for individual cases. The building officials shall first find that a special
individual reason that makes a strict letter of the Code impractical in that the modification is in
conformance with the intent and purpose of this Code, and that such modification does not
lessen the fire protection requirements or any degree of the structural integrity. The details of
any action granting modification shall be recorded into the files of the Code enforcement
agency. He interpreted this request to meet the requirements of the Building Code. He felt that
in the long run it would be a safer situation for the tenant.
Carlson made a motion to allow a modification of the Building Code because existing conditions
provide practical difficulties in meeting the 220 square foot minimum requirement and to move
this unit from a stand alone sleeping room to an efficiency apartment would provide a safer
cooking arrangement than what the tenant may provide on their own in the sleeping room.
Hence, there would be no change to the structural safety of the building. There is no change to
the fire safety of the building in a negative way and potentially it may be a positive change.
Therefore, given the existing condition of the unit it would be allowed to be changed to an
efficiency apartment. The motion was seconded by Maas.
A roll call vote was taken:
Maas- Yes
Buss- Yes
Werderitsch-Yes
Fehr-Yes
Carlson-Yes
OTHER BUSINESS
It was noted that the electrical code is being reviewed and will be presented to the board in the
near future.
MOTIONTO ADJOURN
Carlson moved to adjourn the meeting. Werderitsch seconded with the meeting being adjourned
at 5:45PM
Board of Appeals Minutes
October 4 1999
Page 4
MOTION TO RE-CONVENE
Carlson moved to re-convene the meeting at 5:50PM with Buss seconding the motion.
Carlson made a motion to request the City Council to direct the Housing Division to develop a
comprehensive checklist for housing inspections. The goal of the checklist is to provide
consistent inspections from each inspector. There was no second; therefore the motion died.
Buss made a motion to request the City Council to direct the Housing Inspection Division to
develop a comprehensive checklist for housing inspections. The goal of the checklist is to
improve consistency of housing inspections. The timeframe for this request is six months.
Werderitsch seconded the motion. It was passed by unanimous vote.
MOTION TO ADJOURN
Werderitsch moved to adjourn with Buss seconding the motion. Meeting adjourned at 6PM.
Approved
~d of Appeals Chair
Date
Minutes submitted by Le Ann Dunne-Tyson
Hisblg\mins\boa 10-4-99 .doc
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY OCTOBER 14, 1999 - 5:45 P.M.
1OWA CITY TRANSIT FACILITY
MEMBERS PRESENT:
STAFF PRESENT:
CALL TO ORDER:
Rick Mascari, Howard Heran, Mark Anderson
Dennis Mitchell, Ron O'Neil
Chairperson Mascari called the meeting to order at 5:48 p.m.
APPROVAL OF MINUTES:
The minutes of the September 9, 1999, Commission meeting were approved as submitted.
AUTHORIZATION OF EXPENDITURES:
Heran made a motion to approve the bills. Anderson seconded the motion and the bills were
approved 3 - 0.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
No items were presented.
PUBLIC HEARING - SOUTHWEST T-HANGAR:
Mascari opened the public hearing on the plans and specifications for the southwest t-hangar
building at 5:50 p.m. There were no comments. Mascari closed the hearing at 5:51 p.m.
ITEMS FOR DISCUSSION/ACTION:
ACSG project: The Dane parcel offer is being negotiated. The last major parcel to
negotiate will be the Ruppert parcel. The contract has been signed for demolition of the
Airlane Motel. That property should be cleared within the next 30 days.
One of the garages purchased with the Iowa City Mobile Home Park will be demolished
soon. The material in the garages will have to be stored for 6 months before it can be
deposed of.
Mascari asked O 'Neil to have someone from ACSG at the next meeting to give the
Commission an update.
Airport Terminal Building project: O'Neil said the observation walkway as it is
currently designed would be about $ 29,000. He said there would be about a $ 3000
savings on changing the type of ceiling on the first floor. Anderson suggested some
changes to the design that would reduce the cost of the project. The stairs on the exterior
would have to be redesigned and the size of the walkway would be reduced.
4b(2)
O'Neil said a decision would have to be made soon because the inside supports need to
be ordered and installed before the walls are closed in. 0 'Neil said this could be
discussed at the meeting with HLM on Monday, the 18a'. The consensus of the
Commission was to try to reduce the price and keep this as part of the project.
ALP Update project: O'Neil said Snyder & Associates have the electronic data from
the Master Plan and are working on the preliminary ALP. Mitchell and O'Neil are
working on the contract for Snyder & Associates. As soon as it is finished, the
Commission will need to schedule a meeting to approve the contract.
Mascari gave an update on the North Commercial area and reminded the Commission
that Jerry Searle will assist MMS in designing a subdivision plat to go to Planning and
Zoning as soon as possible. Use of Airport property for non-aviation uses will be part of
the Master Plan update. Mascari said there was discussion at the subcommittee meeting
about when and if RW 17/35 would be closed. Lehman and Norton both supported
closing the runway as stated in the Master Plan.
Mascari said he would still like to keep RW 17/35 open and he thought the revenue from
the North Commercial area could be used to allow the Airport to become self-sufficient
and to maintain RW 17/35. Mascari said the subcommittee seemed excited about the
project and would like to keep moving forward with the development. The plat needs to
get through Planning and Zoning and to the Council. As soon as a commitment is made
to build the infrastructure, the Commission will be able to market the property.
Southwest T-hangar: O'Neil provided a copy of the specifications and a site plan for
the proposed hangar. The building would have nine hangars. Bids are due November
15m. If there is an acceptable bid, the project will go to Council on November 234.
Mascari said he would like to see what the costs would be to provide gas, water, and
sewer to the building. O'Neil said he would get some cost numbers for additional
utilities to the building.
Anderson made a motion for a resolution to accept the plans and specifications for the
SW T-hangar building. Horan seconded the motion and at roll call vote, the motion
'passed 3 - 0, with Foster and Bender being absent.
Non-aviation uses of Airport property policy: Anderson requested this be on the
agenda. 0 'Neil provided the Commission with a brochure from the Library on what they
require when someone uses their meeting facilities. Heran and Mascari will work on a
policy and present it to the Commission at a future meeting.
Fuel farm: O'Neil said this would be the major capital project in the 2001 budget. Iowa
City Flying Service had expressed interest in participating in this project. O'Neil said a
letter has been sent to ICFS, indicating that the Commission would be working on this
project in the next few months. He said he talked with the manager of ICFS and told him
that the Commission subcommittee would want to meet with ICFS soon to discuss fuel
needs and how the fuel farm would be constructed. Foster and Bender are the
subcommittee working on this project.
FY 2001 budget: O'Neil provided the Commission with a copy of the budget projected
for FY 2001. He said that there were no substantial changes, other than small percentage
increases for water, s~ver, electricity, fuel, etc. The main emphasis for the Commission
is to determine the capital improvement projects for FY 2001, 2002, and 2003. This will
mainly be landside projects that are not eligible for funding by IDOT or the FAA. Most
of the airside projects that the Commission is interested in are eligible for state or federal
funding. This would include new runway lighting, taxiway lighting, runway overlays,
obstruction removal and parallel taxiways.
The Commission discussed several projects that they would like to see accomplished in
the next three years. The new fuel tank area and an additional hangar building will be
included in the FY 2001 budget.
CHAIRPERSON'S REPORT:
Mascari said he thought the two commercial lots near the main entrance to the Airport should be
marketed. This will be discussed at the next meeting.
Mascari said he met with O 'Neil and asked to have a report on the outstanding debt at the
Airport. This would mainly be the money borrowed for the recen~y constructed hangar
buildings.
Mascari asked if the Commission was still interested in sponsoring Fly Iowa 2001. Dick Blum
said SERTOMA is interested in being the civic organization that provides the breakfast and
would be willing to co-chair the event. He said the event would take an enormous amount of
time. Anderson said the Chamber is interested in helping with the project. Blum said the
application is due to the state committee in November. O'Neil will check with other airports that
have hosted the event.
Mascari said there were several seats open on the Council and he encouraged the Commission to
research the candidates and vote.
Mascari said that if Commissioners speak at public meetings, it should be made clear whether
they are expressing their own views or if they are representing the views of the Commission.
COMMISSION MEMBERS' REPORTS:
Horan said he took some pictures of the Constellation when it was here last week.
Horan said that he noticed the Fire DepaFunent's ladder truck, with the ladder fully extended,
parked next to the Transit Facility. O 'Neil will contact the Fire Chief and discuss the height
restrictions near the end of the runways.
Anderson said he would work with O'Neil to develop specifications for painting the rotating
beacon tower. The Commission received an IDOT grant to pay for 80% of the project.
ADMINISTRATIVE REPORT:
D & N Fence has been awarded the contract to install the controlled access gate between
Buildings F and G.
In response to an inquiry from Anderson, a new DTN monitor has been installed.
A letter has been sent to Iowa City Flying Service to contim they are not going to lease the
United Hangar after October 31, 1999. ICFS has been invited to participate in the discussion of
the construction of a new fuel tank facility.
WAAS implementation for the GPS is scheduled for September or October of 2000.
O'Neil circulated a site plan from the USAR. They are interested in installing additional parking
on the site they lease from the Commission. The Commission had no comments on the proposed
project.
The Central Region FAA has hired Doug Johnson as the new planner for the state of Iowa. He
replaces Mark Schenkelberg. O 'Neil said he met him at the Iowa Airport Conference in
Waterloo.
O'Neil said he received the Visitor and Convention Bureau Guide to Iowa City/Coralville. Under
the heading of Air Transportation, there is no mention that there is an airport in Iowa City.
Anderson said he would contact Wendy Ford.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for November 11, 1999, at 5:45 p.m.
ADJOURNMENT:
The meeting was adjoumed at 7:26 p.m.
Rick Mascari, Chairperson
IOWA CITY HUMAN RIGHTS COMMISSION
IOWA CITY PUBLIC LIBRARY - MEETING ROOM C
October 26, 1999 - 7:00 P.M.
MEMBERS PRESENT:
Joan Jehle, Mary Larew, Charles Major, Diane Martin,
Jane Nelson-Kuhn, Rick Spooner,
Mettie Thomopulos, Jan Warren
MEMBERS ABSENT: Janice Simmons-Welburn
STAFF PRESENT:
Heather Shank, Laz Pittman, Eleanor Dilkes
OTHERS PRESENT:
1. CALL TO ORDER:
Chairperson Martin called the meeting to order at 7:02 p.m.
2. APPROVAL OFTHE MINUTES:
Martin requested that the last sentence of the first paragraph under Old
Business be changed. The sentence should road, "However, this may not
be very effective because people would not be filing many complaints if
they know that the commission cannot investigate these complaints
because State law does not protect against discrimination based on
sexual orientation."
Thomopulos requested that the second paragraph under Status of Cases
have the word "policy" changed to "practice." The sentence should read,
"She typed up an informal complaint letter about the business that seemed
to have a practice of discrimination."
MOTION: Major moved to approve the minutes from the September 28,
1999 meeting as corrected. Spooner seconded the motion. The motion
was carried by a vote of 8-0.
RECOMMENDATIONS TO COUNCIL:
There were none.
OLD BUSINESS
Human Rights Broakfast
Commissioners turned in money from tickets sold to Shank. Shank said
that a total of 240 tickets had been sold. Martin passed around a copy of
the program for the Breakfast for commissioners to view. Larow,
Thomopulos and Spooner said that they would arrive early at the
Breakfast to take tickets at the door.
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 2
Substantial Equivalency- Revised Ordinance
Shank said that she faxed the revised ordinance to Washington D.C.
Suggestions for Revisions to the Ordinance as discussed in previous
meetings
For ease of reference, the four suggestions made by Rettig at the
August 24, 1999 meeting are listed below.
1. Rettig's comment: Definition of Marital Status should be amended to
include Domestic Partners. Current wording with potential change in
bold: The state of being married or domestic partnered, single,
divorced, separated or widowed.
2. Rettig's comment: Definition of Sexual Orientation should be
updated to move away from a definition of behavior and granting rights
to only adults. Current wording: The status of preferring a relationship
of affection or a sexual relationship with a consenting adult of the same
sex, or with a consenting adult of the opposite sex. Potential change:
Sexual Orientation means actual, history of, or perceived
heterosexuality, homosexuality, or bisexuality. Sexual Orientation
does not include participation in acts which are prohibited by City
or State law.
3. Rettig's comment: Sections 2-3-4 B, Education. It is unclear to me
why the University of Iowa or any other educational division of the
State is excluded from the Human Rights Ordinance. Yet, it seems that
other governmental bodies are not excluded in other sections. Current
wording: For the purpose of this section, "educational institution"
includes any preschool, elementary, secondary or merged area school,
area education agency or post-secondary college and their governing
boards, with the exception that this Section shall not include the
University of Iowa or any other educational division of the State.
4. Rettig's comment: The Human Rights Ordinance should be
amended to apply to City departments and services. Current wording
with potential change in bold: It is unlawful to discriminate in
employment, credit, public accommodation, City services, and
education on the basis of race, creed, color, religion, national origin,
age, sex, marital status, disability, sexual orientation, or gender
identity.
Martin suggested that the Commission start with the first proposed
revision. She said that the change in wording is simple but the impact of
the change is not.
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 3
1. Dilkes had responded to each of the proposed changes in a memo that
was included in commissioners' packets. For the first proposed change,
she said that the intended effect is for private employers to be required to
extend employee benefits to domestic partners as they do to married
couples. She said that, as stated in the memo, State law allows more
expansive protected categories than are provided for by State law.
However, there are a number of legal issues that the Commission should
think about. She said that the only city currently doing this is
San Francisco, but they have not extended their ordinance to all private
employers. Rather, San Francisco has an equal benefits ordinance that
requires anyone who contracts with the City to extend equal benefits to
domestic partners. San Francisco has been sued three times because of
the ordinance. One case was dismissed and the other two have not been
decided. Dilkes said that literature provided by San Francisco gives a
good summary of San Francisco's experience. Generally this has been
upheld at the lowest court level. The court said that the locality does not
have jurisdiction to require the extension of benefits in areas in which the
companies do business outside of San Francisco. Secondly, when
San Francisco is acting as a regulator as opposed to just a buyer of goods
and services, the court said there was a conflict with the Federal
Employee Retirement Income Securities Act (ERISA) law and that there
was federal preemption. With the wording that has been suggested to the
HRC, Dilkes said that the City would be then acting as a regulator of all
businesses rather than only those contracting with the City. This raises the
issue of federal preemption.
Dilkes noted that if the HRC chose to move forward with this, there would
need to be further research and the wording would need to be modified
from just adding "domestic partners" so that it could withstand challenge.
She said that San Francisco's ordinance is fairly detailed about what they
are requiring.
Shank said that Seattle is attempting to do the same thing as
San Francisco for businesses that contract with the City. Seattle is not
attempting to regulate private employers. Shank noted that there is no city
in the United States that requires private employers to provide benefits to
domestic partners (unless they are contracting with the City).
Pittman asked if any city in the U.S. requires private employers to provide
benefits to married partners. Dilkes said that in fact, San Francisco's
ordinance allows businesses to comply with the ordinance by either
extending benefits to both domestic partners and married couples or by
not extending benefits to anyone. The ordinance does not require benefits
to be extended; rather, if benefits are extended they must be extended on
an equal basis.
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 4
Martin asked if San Francisco chose to apply this ordinance to only those
contracting with the City because it would be better able to withstand
challenges. Dilkes said that she did not know. Nelson-Kuhn suggested
that perhaps this type of ordinance for contractors would serve as an
example for all other private businesses.
Warren asked what the HRC should be doing if they wished to pursue this.
Dilkes said that there are two issues: one is the political issue that the
HRC would need to work out with the City Council; the second is the legal
issue that she would need to research further. Warren said that even if the
HRC decided to move forward, how they would proceed seems rather
murky.
Martin asked Dilkes if she believes the proposed change as stated here
would "fly legally." Dilkes said that based on what San Francisco has seen
and the one decision by one judge, the HRC would likely have a federal
preemption claim because of the ERISA issue.
Shank said that the HRC should think about what they wish to propose
because if they make the change recommended by Rettig, the change
would require private employers to provide insurance. San Francisco only
requires those contracting with the City to provide the insurance.
Warren asked if the Commission could take a small step to make sure
domestic partners are protected. Shank talked about a case that was
settled where the argument was made that because you cannot
discriminate on the basis of marital status, you therefore cannot
discriminate on the basis of domestic partnership.
Dilkes said that the discussion is theoretical because the ordinance would
require more specific language to accomplish what Rettig is proposing.
Dilkes said that what Rettig really wants is to require private employers to
extend benefits to domestic partners. The City would need to go beyond
the language as currently proposed to do that.
Warren asked what would happen if a domestic partner wanted to make a
claim of discrimination. Dilkes said that even without the words Rettig has
suggested, a person can make the argument that because you cannot
discriminate on the basis of marital status, you therefore cannot
discriminate on the basis of domestic partnership. However, the inclusion
of the words "marital status" is not typically interpreted to get a person that
far.
Warren asked what if a person was that far with a legal claim. Dilkes said
that should not be the way to approach it. They should not be thinking
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 5
about getting someone to file a complaint and in the context of the
complaint deal with all the numerous legal issues. She said that is not the
way the HRC would want to approach it. She said this is what she meant
by saying that it is a possible argument, but if the intention of the HRC is
to have an Iowa City Human Rights ordinance apply such as to require the
extension of benefits to domestic partners by private employers, it needs
to be stated much more clearly.
Warren asked if the HRC has ever been able to send the message that
you cannot discriminate on the basis of domestic partnership. Pittman said
that when decisions are made, there is case law to back up the decisions.
With the scenario Warren proposed, there currently is no case law.
Major asked if the HRC were to use San Francisco's language, and if it
were to fit in with Iowa's state law, and if the HRC were to eventually gain
the approval of Council, would the City automatically be sued. And would
this accomplish anything. Dilkes said that she currently does not know
enough to provide that type of legal opinion. She said there are some legal
issues and whether the City would be sued would not necessarily be part
of her legal opinion. She said that the issue before the HRC is they clearly
have a political issue that they would need to work out with the Council.
She said that she could tell them only about the legal issues. She would
need to know what it is that the HRC wants to pursue and when the HRC
would need the research.
Major said that he does not want to be part of regulating all private
employers and asked if commissioners wanted to move forward on this at
all. Warren said that she would not feel comfortable taking a vote on
whether to move forward without more information. Jehle said that the
HRC should talk about it, think about it, examine it, and not feel like they
are being railroaded into it just because it has been brought to their
attention. Martin said that she would not be ready to take a vote until she
had read all of the information that has been provided. However, she said
that she would like to give Dilkes some direction.
Dilkes said that she could do some preliminary work so that she has a
better handle on what the issues are. Warren said she felt that the HRC
needed to take a more active role rather than relying on Dilkes for all of
the research. Martin said that, at a minimum, the commissioners'
assignment for the next meeting would be to read the information that had
been provided.
Nelson-Kuhn said that the Commission should let San Francisco know
that the Iowa City HRC is interested in this. Shank said that they have
talked to them a couple of times. She has been in contact with the head of
the gayllesbianltransgenderlbisexual group and the attorney that is
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 6
working with him on this issue. She said that she could give contact
information to Nelson-Kuhn. Nelson-Kuhn said that she would like to talk
to them about the steps they took.
2. For the second proposed change, Shank said that the proposed
wording is identical to the language used by Cedar Rapids. She said she
spoke with the director of the Cedar Rapids Human Rights Commission
who thought that the wording came from Sioux City. Shank said that San
Francisco has a definition similar to Iowa City's but they are looking into
changing the definition soon. She said that removing the word "adult" is
key.
Commissioners agreed that they could move forward on the second
proposed change. Nelson-Kuhn asked if the HRC wished to present all
suggestions at once. Commissioners agreed to decide this after they had
reviewed the third and fourth changes.
3. Martin asked if the HRC perceives it as a problem that the Commission
does not have jurisdiction over the University of Iowa. Spooner said that
he does think it is a problem if the University functions under a different
set of rules.
Warren asked if the Ames has jurisdiction over Iowa State University.
Dilkes said that she would suspect that they do not because she talked
with .an attorney from the Civil Rights Commission. He was not aware of a
local Iowa community that exercised jurisdiction over a State institution.
He suspected that there would be significant resistance from the State
Attorney General's office. Dilkes said that although a citizen presented the
question to the HRC she was not sure if the Commission perceived this as
a problem and wanted to pursue it.
Nelson-Kuhn said that the only reason it might be perceived as a problem
in the community is because the UI is one of the largest employers in the
community. She said that even though it is a state organization, they
employ local citizens. Even though they have Affirmative Action and a
Human Resources department, there is a perception by some employees
that because the Affirmative Action department and Human Resources
department are paid by the UI, there is a conflict of interest. Nelson-Kuhn
added that some employees think that although there is an effort to make
things fair, things are not.
Warren noted that the UI does have their own human rights committee
consisting of faculty, students and staff. It is not necessarily the
employees of those offices that are making decisions on the complaints
that are brought to the committee. Shank said that she did not think they
had any enforcement power. Warren said that they do take complaints.
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 7
Major asked if the HRC would just be picking a fight. Thomopulos said that
she wanted to know if there were state laws that preempted local laws.
Dilkes said that preemption is always an issue when talking about state
and local laws and whether there is inconsistency. She said that with
regard to a state organization, the HRC would need to look at that.
Thomopulos said that she does not see where there is a problem. Dilkes
said that there would definitely be legal issues to research if the HRC
decided it wanted to exercise jurisdiction over the UI, and she did not want
to engage in that kind of research at the suggestion of a citizen unless
there was some direction from the Commission that she do so.
Jehle said that it does not seem to be a hot issue with the HRC. Larew
said that she does not see any point in pursuing this.
Shank said that Rettig's question seems to be why is it this way.
Nelson-Kuhn said that a lot of the UI employees may not understand that
there is a place to take complaints. Major asked what could possibly be
gained by moving forward with this and having a battle with the UI. Jehle
said that perhaps the HRC should be available to publicize this for those
staff Nelson-Kuhn spoke with. Commissioners asked if that was their job.
Nelson-Kuhn said that she was just telling the HRC what she has heard
and what she perceives. Martin said that she does not know what the
functions of the UI Human Rights Committee are but they could find out.
Nelson-Kuhn said it sounded like this was a fight that the HRC did not
want to take on. Major said that he would much rather fight on other
things. Spooner agreed. Thomopulos said that if there were major issues
and if there were no proper channels for people to go through already in
place, then she would see it as an issue.
Pittman asked about duplicity. Shank noted that most complaints go right
to the state level and that the State has a person devoted specifically to
complaints of this type for the University. Martin said that she would try to
find out what the UI Human Rights Committee does because that would
be useful information.
4. For the suggested change of having the Human Rights Ordinance apply
to City departments and services, Dilkes found that the ordinance does
apply to the City. Martin summarized that if a complaint were filed against
the City, the complaint would be forwarded to the State or outside counsel
would handle it. Martin said that she could contact Rettig about this point.
Shank said that commissioners had questions about what benefits the City
provides. Dilkes explained that most benefits are provided to domestic
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 8
partners. There are some areas that by contract the benefits are not
extended to domestic partners. At this time, these are: funeral leave for
family members of domestic partners, some aspects of sick leave, Family
Medical Leave Act, and dependent life insurance. She said that these
likely will be the subject of negotiation when ~contract talks come up. For
further information, she suggested that the HRC contact Dale Helling.
Warren asked if the domestic partner benefits are provided in the same
way. Dilkes said that employees can get the benefits at the same cost as
married couples. For tax law purposes, there is an income imputed to the
domestic partner. The main problems in extending benefits are where the
tax laws are involved.
Martin reviewed the items. For number 1, the commissioners are going to
read the material they have been provided and Dilkes will also read some
additional materials; for number 2, the HRC is ready to take a vote; for
number 3, the HRC is not ready to tackle this at this point but the
Commission will find out what the UI Human Rights Committee does; for
number 4, the HRC has a legal opinion that the purpose that Rettig sought
is already in place.
Motion: Major moved to recommend to Council a change in the
definition of sexual orientation in the Iowa City Human Rights
Ordinance. The definition will read as follows: Sexual Orientation
means actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality. Sexual Orientation does not include
participation in acts which are prohibited by City, State, or Federal
law. Spooner seconded the motion.
Nelson-Kuhn asked if the motion was intended to move forward with the
one change right now rather than waiting on the other items. Warren said
that the only other thing that the HRC was waiting to take action on could
take months or years. Martin said that if anyone felt that the HRC should
delay the motion in order to include this recommendation with others that
Rettig brought forward, they should not vote for this. Major said he would
rather move forward with this one item rather than delay all of the items.
He said it does not seem controversial; it is an update of the language
from '70s to the '90s.
Shank explained that if the HRC voted to move forward, the ordinance
would need to be drafted and there would need to be three Council
readings. Warren asked if the Council vote would cross over into the new
membership. Major said that he was not concerned about this and said
that he thought the change would easily pass. Martin said that the flip side
is that it would be easier to educate a new group of candidates rather than
explain the ordinance twice. They might end up having to explain this to
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 9
the current Council and then later have to explain it again to new City
Council members. Martin and Thomopulos agreed that it would be in the
Commission's best interest to have the proposed change go through as
smoothly as possible. Dilkes clarified that Martin was not concerned about
who was on the Council; she was concerned about having to educate two
separate Councils.
The motion was carried by a vote of 8-0.
Major said that he understood Martin's point and did not have a problem
with waiting to move forward until the new Council was installed. Shank
said that the recommendation could be made in December so that this
would be presented to the new Council in January.
Martin said that she would draft a letter to be sent to Rettig stating where
the Commission is with her suggestions. She said that she would bring the
letter to the next meeting for commissioners to review.
5. NEW BUSINESS:
Town Meetings
Martin said that if the HRC wished to hold another town meeting around
the time of MLK Day, they needed to talk now. She noted that Shank had
recently attended a meeting of the ICLU titled "Driving While Black" and
had some ideas for a topic.
Shank said that during this meeting, a paid staff person from Des Moines
provided some national statistics on racial profiling. The states of New
Jersey and Maryland had admitted to using racial profiling. After listening
to the speakers, Shank suggested to ICLU members that this topic could
be the subject of a town meeting. The ICLU said that they would be
interested in co-sponsoring the event. They discussed having a panel with
one person talking about statistics around the country so that this is not
focused just on Iowa City. Another person on the panel could talk about
how difficult it is to prove these cases. The goal of the meeting would be to
raise awareness that this actually happens.
Warren said that the idea of the town meetings originally was to look
specifically at racism in Iowa City and Coralville. She said that the HRC
has come up with several ideas on how to approach the topic and she
thought that this would be a wonderful spin on it. However, she suggested
that the title be broadened so that the discussion is not just about blacks
or about police stops. She said that they could talk about racial profiling
that goes on in department stores, banks, and other parts of the
community. Warren suggested forming a subcommittee and said that she
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 10
thought people had previously volunteered to be on a subcommittee for
this.
Spooner expressed concern that this town meeting could turn into police
bashing. He said that after the Shaw shooting, people are going to come
down hard on the police and he does not want to be a part of that. He said
he is pro-law enforcement and does not want that to happen again.
Particularly because the community is just starting to heal from that
experience.
Warren said that she understood and that was why she had suggested
broadening the topic and changing the topic to "Driving While Black and
Other Instances of Racial Profiling."
Shank said that was a concern and that is why the Commission is
discussing having people on the panel who take the focus away from this
by talking about statistics from across the country and how hard it is to
prove cases. She said that there was one person who wanted to have
someone speak about what it feels like to be pulled over repeatedly.
Spooner suggested also having a police officer's perspective. Shank
agreed and said that the ICLU decided to have a police spokesperson on
the panel.
Martin said it would be important to have a housing person on the panel
as well. However, that may mean not using the title, "Driving While Black"
even though commissioners agreed that it was a catchy title.
Thomopulos and Warren said that they would be interested in being part
of a subcommittee for the town meeting. Warren thought Simmons-
Welburn had said that she would be interested in being part of the town
meeting subcommittee. Nelson-Kuhn said that she did not wish to be on
the subcommittee but could provide information on housing. Martin said
that they would need to think about whether a discussion of housing would
take away from the focus of the meeting. Warren said that the HRC has
time to decide on the specifics.
Guest Speaker in November.' Marjan Coleman, Equity Coordinator,
ICCSD
Shank and Martin spoke after the last meeting about commissioners'
expression of interest in teaching children and what children are being
taught through the schools about diversity, equality, etc. From this
discussion, they decided to invite Marian Coleman to the next meeting.
Shank said that she had included in commissioners' packets an article
written by a teen-ager for the high school newspaper. She said that the
article caused a lot of consternation not among the students, but among
the adults who read it. She said that she received a copy of the article
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m,
Page 11
from a citizen who also wrote an article in response to this. She said that
she had talked this over with Pittman and they agreed that they may be
getting into issues of censorship and that there may be a better way to
handle this. This was another reason to ask Coleman to attend. Shank
said that she also had an article about Amnesty International. The
organization is now teaching human rights curriculum in a Chicago urban
school and the incidents of violence have dropped by a phenomenal
amount. In addition, she said that she received a letter from a woman at
the University of Minnesota who is part of providing a human rights
curriculum to all of the schools in Minnesota. Because human rights
curriculum seems to be more prevalent, Shank thought it would be a good
idea for the HRC to find out what is being taught about human rights in the
local schools. Shank said that she wrote the citizen advising that she
would forward the article to the commissioners, that Marian Coleman
would be attending the next meeting, and that perhaps the Commission
could suggest a human rights curriculum if there was not one already in
place if that was what the Commission wished to do.
Warren said that if the HRC wants to know not only about programs, but
also about curriculum, they may also want to invite the curriculum person
from the schools. Warren said that she would be willing to call Coleman to
find out if Coleman could answer the Commission's questions about the
curriculum or if Coleman wished to bring an additional person along to the
meeting.
REPORTS OF COMMISSIONERS:
Larew handed out a flyer for "Building a Blueprint for Iowa's Future"
sponsored by the Governor's Strategic Planning Committee and Iowa
2010. The Council is asking for ideas on what Iowa should look like in
2010. Larew also mentioned an article about 250 students in grades 5
through 12 who will be participating in an all day conference at the UI
about human rights issues.
Jehle said that she and Larew had just attended a sensitivity training
session for the Hate Acts Rapid Response Team. She said that Diane
Finnerty talked with the team for two hours about these issues.
Warren said that them was a forum about women's approach to racism on
Lifetime. She also said that them will be a teleconference on March 27th
and 29th about "Women in Higher Education for the Next Millennium." The
UI is a downlink site.
Major said he heard on the news that Boeing will be expanding rights to
domestic partners and this may affect the airline industry as well. Major
also said that he met Governor Viisack and told the Governor of the
HRC's disappointment that Diann Wilder-Tomlinson resigned as
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 12
chairperson of the Iowa Civil Rights Commission. The Governor asked for
input on what characteristics Major would like to see in the next
chairperson.
Shank said that she also received a memo asking about the
characteristics of the new chairperson.
Major mentioned that he was sad to see a Letter to the Editor in the Press-
Citizen where the writer complained about Karen Kubby receiving a
Human Rights award when they felt that she was responsible for the entire
year's worth of abortions. (She recently became the director of the Emma
Goldman Clinic.)
Major also noted that political candidates have been discussing that they
dislike the use of the word "marriage" in the term "same-sex marriage" but
may agree with the word "bond."
Major, a City Council candidate, said that Janelie Rettig had asked Dean
Thornberry during one of the final forums about why he voted no on
something that came before Council about housing. Martin said
Thornberry indicated that he voted no because he would have preferred
the City to be able to give some preference to families (specifically to a
single parent with a child) to get low-income housing over a same-sex
couple because the same-sex couple had the potential of two incomes.
Shank said she remembered that during the meeting it was determined
that they cannot discriminate on that basis. Martin said they cannot but,
consequently, he voted no on a related issue.
Nelson-Kuhn said that when talking about disability in the community, they
need to learn to think of people outside of categories and as people in the
environment. She said that accommodations are still being approached
from a medical model rather than a social model. She gave the example of
how people getting services for disabilities have to go through a medical
model. They must be categorized, etc. When talking about discrimination
and human rights, they are talking about taking away those categories and
having people be full citizens in the community. She said that this is
something she would like commissioners to think about. Nelson-Kuhn said
that she notices this because of her profession where she sees a lot of
categorizing and putting people in a medical model when they want to be
in a social model in their communities and be full citizens.
STATUS OF CASES:
Shank said that there was to be a conciliation on November 1, 1999 at 7
p.m. Warren, Major and Simmons-Welburn were to be involved. Another
conciliation was to be held on November 3, 1999 at 3 p.m. Spooner,
Larew, and Martin were to be involved.
Iowa City Human Rights Commission
October 26, 1999 - 7:00 p.m.
Page 13
Martin said that in looking at the list of cases, 1996 and 1997 cases am
almost complete. Shank said she wished to state publicly that Pittman is
doing a great job. Pittman said that she has been working on a lot of
cases and that they are trying to interview witnesses while they are fresh.
8. ADJOURNMENT:
Warren moved to adjourn the meeting. Thomopulos seconded the motion.
The motion was carried and the meeting was adjourned at 9:10 p.m.
HRC102699.doc
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 4, 1999 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
PRELIM!;
Subject to Approval
MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Marilyn
Schintler, Dean Shannon, Lea Supple
MEMBERS ABSENT: None
STAFFPRESENT:
Sarah Holecek, Scott Kugler, Bob Miklo, Melody Rockwell
OTHERS PRESENT:
Larry Schnittjer, Karen Gehrs, Beth Schenkel, Gary Watts, Paul
Andersen, Lorraine Stamus, Lynne Stamus, George Knorr, Tim
Russell, Terry Dahms, Bart Schuchert, Tom Willlares, Robert Russell
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 7-0, of SUB99-0022, a preliminary plat of Hollywood
Manor Parts VII and VIII, an 11.67-acre, 42-1ot residential subdivision located west of Sycamore
Street at Wetherby Drive.
CALL TO ORDER:
Chairperson Supple called the meeting to order at 7:32 p.m.
PUBLIC DISCUSSION OF ANYITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS ON COMMISSIONS:
Supple said she was pleased to see so many people at the meeting, because it is one way to
participate in the progress and workings of the City. She said another way to participate is to
volunteer to serve on a board or commission. Supple said there are two major benefits to
serving - one is to have input into the City's workings and the other is to gain knowledge about
the workings of the City.
REZONING ITEMS:
REZ99-0012. Public discussion of an application submitted by Southpointe Partners to rezone
2.72 acres from Low Density Single-Family Residential (RS-5) to Sensitive Areas Overlay
Residential (OSA-5) zone for property located at the north side of Rohret Road west of Highway
218. (45-day limitation period waived to November 18, 1999)
Rockwell referred to the memo from staff stating that this would be the second of a minimum of
three public meetings on this item. She also stated that the amount of open space required for
this development is .06 acre, the equivalent of 2,614 square feet. Rockwell said staff
recommends collecting fees in lieu of the open space that could be applied toward
neighborhood park improvements. She said staffs recommendation continues to be approval of
this item.
Rockwell said staff received a revised plat just before the meeting. She said the newly
submitted plan removes proposed new trees from the areas that contain critical slopes.
Rockwell distributed photographs from the applicant showing different angles of the buildings.
Planning and Zoning Commission Minutes
November 4, 1999
Page 2
She said the garage is shown on the site plan for the Commission to see what the garages
would look like if viewed from Highway 218.
Rockwell said she received e-mail comments from Martin and Jean Hill that have been
distributed to Commission members. She said she also received a phone call from Peg
Gugliano, who was critical of the process, of the density and crowding presented in the new
rezoning, of jumping up two levels of zoning, and of having an inadequate transition between
the proposed development and the existing single-family reside;qtial development. Rockwell
said she received a call from Mike Kreger, who expressed his support for the current
application. Rockwell said Kreger felt better about the plan after hearing Mace Braverman's
outline of the proposal. He also thanked staff for the explanation of the planned development
amendment process included in the letter to neighboring property owners. Kreger said this
gave him additional assurance about the process. She said Kreger thinks the architectural style
of the proposed buildings is fairly compatible with existing residences and overall, he is in favor
of the Duck Creek Condominiums project.
Bovbjerg asked about the trees and the slopes. She said there are a couple of rows of trees that
look to be about halfway down to the hill, although she realizes it is just halfway down to the lot
line from the top of the hill. Bovbjerg asked if those rows of trees are coming out and being
brought up to above the indication of the slope. Rockwell said the new plan shows islands of
critical slopes. She said the trees have been taken off the site plan for those areas where critical
slopes exist. Rockwell said the site plan shows trees to be planted in areas with steep slopes,
but not in the critical slopes. Bovbjerg asked if the areas where the trees are proposed would
be excavated or if the trees would be dug into current hillsides. Rockwell directed the question
to the developer.
Public discussion:
Larry Schnittjer. 1917 South Gilbert Street, said he represents MMS Consultants. He discussed
the revisions made to the drawings. He showed where several additional trees were placed and
where trees were removed from the plan.
Bovbjerg said she has a general concem that any slope not be disturbed, although she said that
as an absolute that is impossible. She said she has another concern in that the slopes that are
shown, regardless of how they are defined, are pretty steep. She said she would like to see
undisturbed slopes with trees set in with shovels. Bovbjerg said she did not know whether this
would be a disturbed slope that would then be bare with a few trees put in. She did not think
that would hold a steep embankment. Schnittjer said there is not currently bluegrass sod there.
He said the area would be disturbed to the point that it takes to get a good, maintainable tuff
established. Schnittjer said the trees would be planted in a normal fashion with either a tree
spade or a hole excavated by hand. Bovbjerg said there have been major problems in the City
as a result of erosion from grading on steep slopes, and she would not like that to happen here.
Karen Gehrs. 37 Hunters Place, said she attended a forum about the property in the spring at
which the size was described as 3.3 acres. She said this application is for 2.72 acres and asked
what changed to cause that to be reassessed. Rockwell said part of the property included in the
last application was actually Iowa Department of Transportation (IDOT) property. Schnittjer
stated that some of the preliminary information indicated that Rohret Road had a uniform 40-foot
half right-of-way. He said it was later found that IDOT had secured more property than initially
believed, and the City also secured additional right-of-way, to make it a 55-foot half right-of-way
along Rohret Road. Schnittjer said this additional strip on the south side is actually not part of
the property.
Planning and Zoning Commission Minutes
November 4, 1999
Page 3
Gehrs said it seemed the reason the Commission opposed the previous proposal was because
it was not architecturally harmonious with the surrounding neighborhood. She asked how this
proposal is significantly more harmonious with the neighborhood. Rockwell said the architecture
proposed for this project is more interesting than what was previously presented, because it is
not a uniform townhouse design that presents a relatively blank wall to the streets on either
side. Rockwell added that this has a more interesting roofline, more exterior design elements
and a wider variety of exterior materials. She added these factors plus a design that looks more
like a large home than an apartment house makes a more compatible transition.
Gehrs said another concern was the traffic congestion and asked if the proposal would entail
fewer residents overall. Rockwell said there are fewer bedrooms per proposed unit and two
fewer units overall.
Gehrs said she has lived in a number of communities. She said the point of having planning
and zoning is to give property owners some idea and some protection that if a resident builds
something, the neighborhood around him will stay pretty compatible with what is built. She
asked what the point would be of rezoning something, when it could be easily used for the same
kind of homes that are already there, single-family homes in this case. Gehrs said the space
between the proposed residences and the highway is actually greater than that between some
of the existing homes on Duck Creek and the highway, so she wondered why this is not a
desirable property for single-family homes.
Schnittjer said the primary reason for that is because of the minimal frontage that is available for
use. He said the only frontage available for use on this property is the space from five feet north
of the driveway where an existing property corner is, down to Rohret Road. He said that would
be the only area of vehicular access that the City would allow to be used. Schnittjer said
because Rohret Road is a limited access arterial street, the City does not want driveways onto
it. He said there is only enough frontage for one single-family structure, which would not be an
economical use of the property.
Beth Schenkel. 1252 Duck Creek Drive, said she lives in the home adjacent to this
development. She said last spring she appealed her tax assessment based on a low-income,
multi-family development going in, which at that time was proposed by the Greater Iowa City
Housing Fellowship. Schenkel said the increase in her property assessment was lowered from
6.1% to 3.5% without the plan being passed or any construction being done. She said she feels
that this type of building has already had an adverse affect on her property value, and the best
thing she can show for it so far is having to pay less property taxes.
Schenkel said she did not feel this proposal was materially different from the previous one. She
said three multi-unit buildings are proposed - the same as the last proposal. Schenkel said she
brought her concerns to Braverman, who felt her concerns were not realistic because the units
will be owned, not rented, and because the units look very nice. Schenkel said the last proposal
also looked very nice, but three multi-unit buildings really cannot fit in with the existing single-
family homes.
Schenkel said talk of transitional or progressive housing implies that it is going somewhere,
leading somewhere. She said this is just the edge of a neighborhood where people invested in
homes with restrictive covenants in order to protect their investments. Schenkel said she
imagined that would be a good setting for this type of home, but that relies on everyone else not
living like that. She said this plan is not materially different from the plan brought forward earlier
by the Greater Iowa City Housing Fellowship that was rejected six to one.
Gibson asked Schenkel what the basis was for her appeal on the valuation of her home.
Schenkel said she appealed based on the fact that a fourteen-unit low-income housing project
Planning and Zoning Commission Minutes
November 4, 1999
Page 4
was being proposed for the lot adjoining her property. Gibson asked if she received an
explanation on why her home valuation was lowered by the Board of Review. Schenkel said the
Board of Review responded that, "The Board finds that a change in the assessment is justified
and changed the assessment as stated above."
Public discussion closed.
MOTION: Gibson moved to defer REZ99-0012, an applicat;'3n submitted by Southpointe
Partners to rezone 2.72 acres from Low Density Single-Family Residential (RS-5) to
Sensitive Areas Overlay-Low Density Residential (OSA-5) zone for property located at the
north side of Rohret Road west of Highway 218, to the November 18, 1999 meeting of the
Planning and Zoning Commission. Shannon seconded the motion. The motion carried on
a vote of 7-0.
Supple informed those at the meeting that the November 18 meeting would be held at the
Senior Center Assembly Room starting at 7:30 p.m.
REZ99-0011. Public discussion of an application submitted by Arlington L.C. to rezone 11.79
acres from Low Density Multi-Family Residential (RM-12) to Planned Development Housing
Overlay (OPDH-12) and approval of a preliminary OPDH plan for Windsor Ridge, Part 15, a
proposed 100-unit residential development located north of Court Street at its eastern terminus.
(45-day limitation period expires November 18, 1999)
Kugler said this property was rezoned in 1998 to RM-12, along with some property to the north
that at that time was zoned RS-8. He stated at that time, the applicant was not prepared to
submit a plan for the development, as Court Street had not been extended yet. Kugler said the
Commission raised some concerns about the design of the development and how well it would
fit with the neighborhood and how well it would meet the neighborhood design concepts of the
Comprehensive Plan. He said the Commission therefore attached a condition to that rezoning
requiring that the applicant file a future OPDH application, which is the current application.
Kugler said staff is reviewing the preliminary planned development plan and has identified a few
deficiencies and corrections that are needed. He said staff is therefore recommending deferral
at this point. He said staff expects those items to be taken care of prior to the November 18
meeting so that the plan would be ready to be voted on by the Commission at that time.
Kugler said the 1998 Conditional Zoning Agreement required that the plan to be submitted
comply with the neighborhood design concepts of the Comprehensive Plan. He said the staff
report details staffs assessment of the plan with regard to those concepts. He said the specific
concepts have to do with creating neighborhoods that have neighborhood commercial
opportunities, provide a diversity of housing types, result in more efficient and compact design,
contain interconnected street systems providing for all modes of transportation, create attractive
and pedestrian-oriented streetscapes, and include adequate parks, trails and open space for the
residents of those areas.
Regarding neighborhood commercial opportunities, Kugler said there is not a commercial
component to this plan, but the property is located a short distance from a neighborhood
commercial zone and will help contribute to its viability. In terms of housing diversity and
compatibility, Kugler said the Comprehensive Plan calls for building neighborhoods with a
diverse stock of housing for a diverse set of families, but stresses the importance of quality
design whenever multi-family developments are proposed near predominantly single-family
neighborhoods. He said given the development that has occurred and is expected to occur in
this area, this is a predominantly single-family area. He said the design of this development and
the proposed buildings should be looked at closely to ensure that they will fit within that
Planning and Zoning Commission Minutes
November 4, 1999
Page 5
environment. Kugler said the proposed plan does provide a good transition from the higher
density development proposed at the intersection of Court Street and Camden Road to potential
single-family areas adjacent to the property. He said the applicant proposes to shift from a
larger building to smaller buildings at the property lines. He said as one moves north along
Camden Road, the scale of the buildings would decrease significantly so there would be smaller
units providing a transition with the future single-family residences to the north and potential
single-family development to the west. Kugler said the site to the east has been reserved as a
school site, but if the school corporation does not take advantage of that opportunity, staff would
expect predominantly single-family development on that parcel as well.
Kugler said building elevations were included in the staff report. He said the applicant has done
a good job of dealing with streetscapes along both Court Street and Camden Road in terms of
building design. Kugler said the buildings are generally attractive, and garages and parking
areas are kept to the back of the property rather than dominating the streetscape. He said there
is also a lot of landscaping shown along the street, and staff feels these factors will create a
good pedestrian-oriented streetscape. Kugler noted that a wide landscape median is being
proposed between the westernmost units and the buildings to the east. He said the
westernmost units are the only units with front loaded garages, and they will also look out on the
backs of other units. Kugler said the applicant has therefore provided additional landscaping.
He noted there is also a change in grade to the west on the site, which will help to mitigate that
situation.
In terms of efficient and compact design, Kugler said this development would help to raise the
overall density of the neighborhood slightly, which will address that issue and allow the City to
provide services more efficiently. He said it is difficult to provide an interconnected street system
on this property itself, because there is a drainageway on the west property line and a potential
school site to the east. Kugler said there is a stub street proposed off Camden Road at the
north end of the site, and staff would expect, as the area to the north develops, to have
additional connections both east and west to provide an interconnected street system in the
overall neighborhood.
Kugler said there are numerous open space opportunities available in the surrounding
neighborhood including Scott Park, the existing Windsor Ridge trail system, a future town
square, and a potential town square open space farther north on this property. He said the
applicant is proposing the creation of an open space to the west with a trail that would help
provide connections between those open spaces and make those amenities available to the
residents of this development as well.
Overall, Kugler said staff feels this plan is in conformance with the neighborhood design
concepts of the Comprehensive Plan. In terms of the plan itself, Kugler said a couple of
changes are needed to meet the technical requirements for approval. He said staff expects this
to occur before the next meeting. Regarding any variations from the zoning code requirements,
he said it appears there are no specific variations needed. Kugler said however, staff has raised
a concern with the developer regarding the height of the two buildings labeled as "Building B."
He said the RM-12 zone has a height limit of 35 feet, and the elevations indicate the building will
be either 32 or 34 feet, depending on which of the two proposed designs is chosen. Kugler said
staff has cautioned the developer to look at how the buildings fit on the site to ensure that the
actual elevation does not exceed 35 feet, because of a change in grade. He said staff will have
more information regarding that issue at the next meeting.
Kugler said Camden Road is proposed as a collector street, and Ashford Drive would be a local
street. Regarding open space to be provided, Kugler said adding that to the plan was discussed
at the informal meeting, but right now it is not within the RM-12 zone. He said staff has been
looking at that issue separately and assumes it will be dealt with when the subdivision for this
Planning and Zoning Commission Minutes
November 4, 1999
Page 6
property is filed. He said he discussed adding that to this rezoning application as a PDH-5 area
with the applicant.
Kugler said the applicant is proposing a trail within the open space area, but at this point, it is
not shown as connecting to Court Street. He said staff recommends that the trail be extended
south along the sanitary sewer easement so the connection can be made, rather than relying on
the development of an adjacent property, which could be some time into the future, as that
property has not yet been annexed. Kugler said the applicani.:s engineer informed him that such
a trail extension may be difficult due to topography in that area and some of the grading that is
being done, but staff is waiting to have further discussions on that issue.
Kugler said staff is recommending deferral pending minor corrections in technical deficiencies
with the plan. He said once those items are resolved, staff recommends approval, subject to the
connection of the proposed trail on Outlot A south to Court Street. Kugler said the applicanrs
engineer has informed him that because of the four to one slopes in the area, a connection back
up to the internal street system would not be possible,.
Supple asked if the plat shows that the open space to the west is to be dedicated to the City.
Kugler said it is shown on the plat that way, and the actual dedication would occur at the time
the subdivision is being considered. He said at that point, staff, the Planning and Zoning
Commission and the Parks and Recreation Commission would consider it and make a
recommendation to City Council.
Bovbjerg asked if the Commission had the actual photographs or sketches of what is proposed
for this development or if this is still just an idea of what it might look like. Kugler said the
Commission has all of the building elevations with the exception of the two six-unit buildings and
the three four-unit buildings, which are essentially the same design and are labeled as building
A. He said that is an example of what the applicant would like to put there, but the applicant is
still developing the plan. Kugler said he has been told staff will probably get something next
week that will be placed in the Commission's next packet. Bovbjerg said that is important
because how they look and how they relate to the rest of the plan is part of the planned
development. She said it is very important to actually see and vote on what will be put there.
Kugler said the building elevations are part of the plan, and when staff looks at the final plan,
they check the elevations to make sure they are consistent with the approved preliminary plan.
Supple said the land to the south would have condominiums. Kugler said the land south of this
parcel on Court Street is approved for four eighteen-unit buildings. Supple asked if there would
be a curved drive in front of those buildings. Kugler confirmed that there would be a curved
drive in front of the buildings, as well as a drive that comes to the back. He said there would be
some surface parking along the front drive. Supple asked how far those condominiums to the
south would set back from Court Street. Schnittjer said the buildings would set back from Court
Street way beyond the 40 feet that is the required setback for an arterial street. Kugler said the
two end buildings would be the closest, and he estimated those buildings may be 50 to 60 feet
from the street. Supple asked how far the two, massive proposed buildings in the current plan
would be set back from Court Street. Kugler said they would set at least 40 feet from the right-
of-way of Court Street. Supple asked what the distance would then be between the massive
buildings to the south of Court Street and the massive buildings to the north of Court Street.
Kugler said the Court Street right-of-way equals 85 feet, with the buildings to the north set back
41.2 feet and the buildings to the south set back anywhere from 80 to 100 feet, or approximately
200 feet apart. Supple said her concern is having two massive buildings on both sides of the
street and feeling as if you are in a tunnel with two walls on each side.
Public discussion:
Planning and Zoning Commission Minutes
November 4, 1999
Page 7
Gary Watts. 4988 Lower West Branch Rd SE, said he represents Arlington L.C. He said he
worked on this plan for approximately one year and appreciated working with staff on this.
Watts said he has had three or four variations of this plan, and he feels this is the best plan. He
said he has worked on having good streetscapes, a good blend with the neighborhood, and
different price ranges for the product. Watts said he would have a building elevation for Building
A in the next packet. He said Building A features garages to the rear along with a nice
streetscape in the front. He said the price range for Building A would be in the $115,000 to
$130,000 per unit.
Watts said with the buildings on the corner, Building B, he tried to find a condominium that
would be quite a bit different in size and looks from the other condominium buildings in the City.
He said the buildings would have screened-in porches and cost in the range of $95,000 to
$105,000 per unit, with garages on the outside. Regarding the height of the buildings at 32 or 34
feet, Watts said he thought they would be acceptable, but expected to have official word on the
height by next week. He said the buildings at the corners are turned at an angle to make a
better streetscape.
Watts said the Building C design would be used for two buildings and would have brick columns
and stucco and vinyl materials. He said they would be priced in the high $70,000s to low
$80,000s per unit. Watts said the parking for these buildings would be outside. Watts said the
plan for Building D is to have ranch-style units. He said the land slopes back to the west,
making it work well to come in behind to the garages. Watts thought these units would be
priced in the $115,000 to $120,000 range.
Watts said Building E is the design for the westernmost four buildings. He said the views out the
back would be into the open space. Watts said he would have no problem incorporating the
open space with an OPDH-5. He said he is looking into the engineering concerns with regard to
the trail. Watts said to improve the view from the front of the E buildings, he was increasing the
size of the open space to the east and would heavily landscape and berm it. He said those units
would be priced at between $150,000 and $180,000 per unit.
Watts said he tried to accomplish having a diverse type of product in this development. He said
there are two different types of condominium areas in this development. Watts said he held a
meeting with interested neighbors about two weeks ago and described the plans and elevations
to them. He said in the process of Parts 12 and 13, he has listened and has worked hard to get
a good plan.
Ehrhardt said she would like to see side elevations of Building B, since those buildings will be
tilted so that the side of the building would be seen from the street. Watts said he would get
them for the next meeting.
Public discussion closed.
MOTION: Schintler moved to defer REZ99-0011, an application submitted by Arlington
L.C. to rezone 11.79 acres from Low Density Multi-Family Residential (RS-12) to Planned
Development Housing Overlay (OPDH-12) and approval of a preliminary OPDH plan for
Windsor Ridge, Part 15, a proposed 100-unit residential development located north of
Court Street at its eastern terminus. Bovbjerg seconded the motion.
Bovbjerg said when this was rezoned, the Commission was concerned about high density in an
area that essentially consists of single-family houses, and she still has that concern. She said
this is not a few high-density buildings, but is an island of multi-family dwellings and is quite
packed. Bovbjerg said this is more than just higher density; it is too much. She said she would
eliminate one of the E buildings, one of the D buildings, and one of the A buildings. Bovbjerg
Planning and Zoning Commission Minutes
November 4, 1999
Page 8
said she would reduce the two frontage A buildings from six units to four units. She said her
impression of this is that it will be overwhelming. Bovbjerg added that across the street there
would be four very large buildings.
Bovbjerg said the two biggest buildings facing Court Street on the corner are going to be large.
She said if there is a problem with the height, those tall roofs could be redesigned to be lower,
although she realizes there are concerns about proportion and style. She said if they are not
supposed to be higher than that, then they should not b~. Bovbjerg said there is sameness
within the tract and sameness with other places in the City. She said if what is in the
photographs is the end result, then that will be help. She said if the result is the same row on
row, it is not diverse within the tract and does not offer any relief from what else has been built.
Bovbjerg said there is no assurance of what will be built to the west and to the north. She said if
this tract goes through as it is, with this density, slightly lower density, revised elevations or
whatever, the Commission should be very careful about what does happen to the north and the
west. Bovbjerg said it is not fair to propose a real change in density, which this is, and
somehow have that affect the adjacent density, which is a thought for the future.
Bovbjerg said for her, the open space must absolutely be in the plan, as this density or even a
slightly lower density cannot exist on a human scale without open space. She said large green
spaces and landscaping must also be part of this. Bovbjerg said the housing styles must be
part of this, because regardless of the density, it will make a great deal of difference as to what
people see. She said the trail coming down must also be part of the plan, and if it can't go up
steps or over a sewer line, it could double back. Bovbjerg said her main concerns are the
density and the sameness of the proposed development.
The motion carried on a vote of 7-0.
DEVELOPMENT ITEM:
SUB99-0022. Public discussion of an application submitted by Frantz Construction Company for
a preliminary plat of Hollywood Manor Parts VII and VIII, an 11.67-acre, 42-1ot residential
subdivision located west of Sycamore Street at Wetherby Drive. (45-day limitation period
expires November 18, 1999)
Miklo said this is a preliminary plat. He said the Commission and City Council recently
approved the preliminary and final plats for Hollywood Manor Part VI, which is to the east of this
area. He said the preliminary plat is for Parts VII and VIII and would include the extension of
Wetherby Drive to the west and Russell Drive to the south and the addition of new local streets
to serve the proposed lots. Miklo said the area contains hyddc soils. He said the plan calls for
special conditions in terms of sump pumps, drains, and street construction to address those soil
concerns. Miklo said he checked with the building official to see if there have been any reports
of the existing buildings in the area having problems with wet basements, and he said he was
not aware of any.
Miklo said a large portion of this property drains to the southeast into what will be the Sycamore
Regional Stormwater Management Project, east of Sycamore Street. He said the property
would have to pay fees in order to use that regional basin. Miklo said a portion of the property
drains to the northwest currently, and there is a concern about drainage on the northern
boundary of this property where it meets the southern boundary of the properties that face onto
Burns Avenue. He said the applicant's engineer provided a report regarding how that drainage
would be handled, and the report shows that the existing runoff would be reduced dramatically
with this development. Miklo said the plan contains a drainage swale, which would collect the
water, piping some of it into the storm sewer to the south so that some of the water that
currently drains to the northwest would drain away from this area. He said other water would
Planning and Zoning Commission Minutes
November 4, 1999
Page 9
continue to drain to the northwest, but at about half the rate that it does now. Miklo said the city
engineers have reviewed the report and find it to be a fairly good representation of what should
be expected in the area and are satisfied that the drainage concerns will be addressed.
With regard to neighborhood open space, Miklo said because Wetherby Park is so near, the
Conditional Zoning Agreement for this property specified that fees would be paid in lieu of
neighborhood open space. He said the plan shows additional property to the west that may be
developed in the future, and that property would have two pedestrian connections off cul-de-sac
streets to Wetherby Park. He said that is a condition of the Conditional Zoning Agreement that
is not being implemented at this time, because that property to the west is not being subdivided.
Miklo said the plat, as submitted, conforms to the City's subdivision regulations, and staff
recommends approval.
Ehrhardt asked how much of the lots would be taken up by the swale. Miklo replied that the
actual swale width is about 15 feet, which is within a drainage easement shown on the plat. He
said that 15 feet does not equal the required 20-foot rear yard setback. Bovbjerg asked if that
would be noted on any plan for any potential buyer or builder. Holecek said the plat would be
filed, and all easement documents, including the drainage easement, would show on the
abstract for the property.
Bovbjerg said page two of the staff report discusses hydric soils. She said she was concerned
about sump pumps, which are usually run by electricity, and that is usually the first thing lost
when there is a flood. Bovbjerg also asked about the special construction methods for the
streets and what that would consist of. Miklo said the notes on the plan describe how the
stormwater would be handled. He said the applicant's engineer could address that in detail.
Shannon asked what would happen if the existing ground level was left as it is now and a swale
was not constructed. Miklo said from his understanding, there would then be more drainage to
the northwest, where problems have been reported. He said the way the farmland currently
drains, apparently water is collecting at the rear of the lots on Burns Avenue. Miklo said the
applicant has attempted to address that problem within the proposed development.
Public discussion:
Paul Andersen. 1917 South Gilbert Street, said he works for MMS Consultants. He said it is
indicated on the preliminary plat that there would be a collection pipe running adjacent to the
curb. Andersen said the purpose of that pipe is to collect water from sump pumps and
foundation drains. He said it also serves as a tile to drain the base below the pavement, which is
a concern in hydric soils areas.
Andersen said the applicant intends to improve the drainage situation along the north property
line by installing the swale and storm sewer system. He said it is important to protect the
neighbors and to improve the situation, if possible, as well as prepare lots that will be well
drained and meet the needs of the future homeowners.
Andersen said in essence, there is a bit of a swale along the north property line now, adjacent to
an old farm driveway. He said the problem is that the existing swale ends over by Russell
Drive, wher~ there is an old culvert that is failing. He said this makes it difficult for storm water
to get through that area and creates problems for the neighbors. Andersen said he has planned
a swale that would collect water in the backyards and storm sewers and direct it to the storm
sewer system east of Russell Drive. He said that storm sewer system then conveys the water
away from the existing neighborhood in Part V and carries it to the southeast to the future
drainage project.
Planning and Zoning Commission Minutes
November 4, 1999
Page 10
Andersen said the storm sewer system is not intended to carry all of the water away in a 100-
year storm, but in a 100-year storm, with this swale, it would actually be very close to what
occurs today in a five-year storm. He said he has been able to divert some of the water away
through regrading to the south so that storm water doesn't ever get to the area in the north.
Andersen said in a storm up to a five-year frequency, the storm sewer system is able to carry
away the water, and there would be virtually no runoff onto the adjacent lots to the north. He
said in a storm greater than a five-year storm, that system would be overwhelmed and some of
the water would continue to the north. Andersen said to provide a level of protection for existing
homes, he feels the storm water can be diverted into the street system rather than onto the lots.
Bovbjerg said in the upper left-hand corner of the map there are cross sections of streets. She
said the two on the bottom are in hydric soils and show an extra base underneath the street.
Bovbjerg said on the left side of each of them is a 21-inch granular base. She asked if that were
due to the hydric soils and said she did not see any indication of where the drainage pipes
would be. Andersen said the storm sewer itself would generally be lying below what is labeled a
perforated drain at the bottom of the cross section. He said its purpose is to collect the water
out of that column of stone and the stone that is underneath the concrete pavement. Andersen
said there are also concrete storm sewers that receive water from storm sewer intakes.
Bovbjerg asked if those were between stone column and the sidewalk. Andersen said that was
correct, and they are generally located at a deeper elevation also. Bovbjerg asked if, as the
street is done, the perforation is put in. Andersen said that was correct. He said generally the
perforated tiles drain to a storm sewer intake or a storm sewer manhole, so that the drainage
water has an opportunity to get into the storm sewer system and be conveyed away. Bovbjerg
asked if there would be a stub out to a prospective house or if the homeowner installed that
later. Andersen said the developer provides a tee so that the homebuilder can run the sump
pump to that tee.
Supple asked if there were a specific reason that Wetherby Drive ends in a cul-de-sac in the
concept plan for the west and does not continue farther west. Andersen said the next property
to the west is Wetherby Park, and he was not aware of any plan for a street access to the park
at that location. Supple said it seems that a street named Wetherby Drive should go past
Wetherby Park. Andersen said the builder does not own the land to the south and cannot take
Wetherby Drive in that direction.
Laverne Stamus. 2318 Russell Drive, distributed photographs dated from 1987 to the present of
how storm water runs onto her property. She said the water is there both winter and summer.
She said the water runs all the way up to her house during the flooding season, but the pictures
show children swimming in her back yard in 1987, when there was no flooding. Stamus said the
engineer's report states, "The attached drainage exhibits... show there will be improvement."
She said that is vague. Stamus said over ten years or more, the problem has existed with a
one-inch rain. Stamus said before this project goes ahead, she and her neighbors would like to
see something more concrete than reading the terms, "think," "might" and "may" regarding
improvement of that area.
Andersen said he prepared the report Stamus is referring to. He said he intends to construct a
swale in the back yard of where the lane is now to ensure that the water stays on the
development property until it gets into the storm sewer. Stamus said that would not work
because Russell Drive to the north comes downhill from the north to the south. She said the
property being developed comes the opposite direction from the south to the north. Stamus
said regardless of what is being done, something such as a viaduct or something that really
carries water a long way away from all the property will have to be installed. Andersen said that
is what is being proposed.
Planning and Zoning Commission Minutes
November 4, 1999
Page 11
Ehrhardt asked if it would be possible for area residents to meet with the City Engineer to have
this system explained so they will feel reassured about the plan. Miklo said that could be
arranged. Gibson said it might be helpful to at least try that. He said the Commission cannot
deal with issues like this. He said the Commission is just not capable of doing it; these things
have to be worked out with individual landowners and the developer, with the help of City staff.
Gibson said it may not reassure the neighbors, but it will at least give an opportunity to have a
full explanation of their concerns and what the outcome is supposed to be.
Bovbjerg said this has gone through Public Works, and a new analysis of water flow was
provided to the Commission before the meeting. Miklo confirmed this and said Denny Gannon,
one of the City engineers, is comfortable with the analysis provided by MMS Consulting and
feels it will be a big improvement over the existing situation. Bovbjerg asked if the City would
periodically inspect things during the construction period. Miklo said before the City accepts the
streets, the City assures they are done according to the construction plans, which will be
provided at the final plat stage of the process.
Lynne Stamus. 2318 Russell Ddve, asked if the broken culvert would ever be repaired. She said
the water does not flow through from the east to the west heading toward Wetherby Park, but
goes off onto Burns. Stamus said the culvert is broken in the middle, crushed in and almost
always plugged. She said she did not know who is responsible, whether it is Frantz or MMS
Consultants. Stamus said she has asked Bill Frantz to do something about the culvert. Stamus
said the woman who owns the farmland drains her land onto the neighborhood.
Stamus said she would like some reassurance from MMS or Bill Frantz that the culvert will be
corrected as grading is being done. Stamus said she has cleaned the culvert out by hand
before, even though it is not on her land, but she is doing it to save her property. Holecek asked
for the location of the culvert. Stamus said it is at the south end of her yard where Helen
Jensen's farm road joins the street. Miklo said the engineers could better address the issue of
the culvert, but he believed it would be removed as part of the construction of Russell Drive.
Stamus asked what would happen to the farm drive. Miklo showed the farmhouse on the
property. He showed where the farm access would be after Russell Ddve goes through and said
eventually the farm would be accessed by a driveway from Wetherby Drive.
Public discussion closed.
MOTION: Ehrhardt moved to defer SUB99-0022, an application submitted by Frantz
Construction Company for a preliminary plat of Hollywood Manor Parts VII and VIII, an
11.67-acre, 42-1ot residential subdivision located west of Sycamore Street at Wetherby
Drive to the November 18, 1999 meeting of the Planning and Zoning Commission. The
motion died for lack of a second.
MOTION: Bovbjerg moved to approve SUB99-0022, a preliminary plat of Hollywood
Manor Parts VII and VIII, an 11.67-acre, 42-1ot residential subdivision located west of
Sycamore Street at Wetherby Drive. Gibson seconded the motion.
Bovbjerg said she moved to approve this because she was not sure there was any more
information the Commission could get in the next two weeks that would make any difference as
to how people feel. Chait said he agreed with that. Ehrhardt said she would feel more
comfortable if the neighbors could meet with the City engineer, rather than the Commission just
approving this and hoping it works out for them. Miklo said the City engineers would be happy
to meet with the neighbors in the next couple of weeks before this item goes before the City
Council, and the neighbors need only call the City engineers to arrange such a meeting.
Planning and Zoning Commission Minutes
November 4, 1999
Page 12
The motion carried on a vote of 7-0.
COMPREHENSIVE PLAN ITEM:
Public hearing on an amendment to the Comprehensive Plan to adopt and incorporate the
South Central District Plan for property generally located east of Highway 218, south of Highway
1 and west of the Iowa River.
Gibson left the meeting at 9:07 p.m. He excused himself from this item on the grounds of a
conflict of allegiance. Chait also left the meeting at 9:07 p.m.
Rockwell said this is a draft plan, and there are several items being considered as amendments
to the plan by the Commission. She said one of those items is the possibility of moving the
east/west arterial street alignment a little further south on the George Dane property. Rockwell
said staff still had not received the report from Bob Lentz of EarthTech, who is evaluating the
feasibility of moving the road alignment to the south. She said as soon as the report is
available, it will be forwarded to the Commission so the Commission can decide at that time
whether it wants to make an amendment to the plan to show a different alignment.
Rockwell said the road placement in relation to airport runway 17/35 has been discussed, and
the Commission and the City Council are not inclined to change the road alignment on the plan.
Rockwell said another change resulting from comments of people living in the area is to extend
trails to the west and the south within the district, as shown on the map. She said there would
need to be some change to take the trail out of the Runway Obstacle Free zone. Rockwell said
the trail as shown follows the alignment of Willow Creek, which would be ideal. She said if for
some reason the runway is not extended or the airport is relocated, there should be something
in the text that shows that as the ideal location. She said, however, it is likely that the runway
will be extended, and in that case, the trail map should be amended to show the trail following
the Mormon Trek Boulevard extension and then connecting up with the trail system. Rockwell
said the changes to the trail plan show a trail going along Highway 218 connecting down to
Ryerson's Woods Park and also extending along a drainageway to make that connection to that
area of the district.
Rockwell said another change the Commission has requested is to make the entire frontage of
the Schuchert property along Riverside Drive have a commercial designation, and
correspondingly no institutional designation being shown on that property. She said the map
would be amended as requested before this item is sent to the City Council.
Rockwell said another requested amendment is that the expansion of runway 6~24 to the west
be shown on the future land use scenario, and that will also be done.
Rockwell said another suggested amendment is that there be a change in the office commercial
designation on the Dane property to straighten out the line and shift it a little to the east.
Rockwell said she received a call from Jim Hammes, who owns Thatcher Mobile Home Court,
expressing concern about the proposed N2 route, which would result in the relocation of three
mobile home units.
Rockwell referred to the letter with attachments sent to the Commission by David Goodwin.
She said the letter refers to Indian Lookout and historical Indian trails. Rockwell said although
Indian Lookout is not in the district, Goodwin suggests it is an important place name and
suggests there be at least some mention of it in the draft plan. She said Goodwin also would
like to have the historical Indian trails shown, and if there is an opportunity to have an alignment
Planning and Zoning Commission Minutes
November 4, 1999
Page 13
of the recreation trails with the Indian trails, Goodwin feels it would be a good way to preserve
them and mark them.
Ehrhardt said it was mentioned at the informal meeting that the area designated for
neighborhood commercial would now be double the size of a typical neighborhood commercial
area. She asked what the disadvantages of that would be. Rockwell said one of the reasons it
was shown as a smaller area on the draft plan is that it was intended to be a neighborhood
commercial area of about ten acres. She said that is the general size of neighborhood
commercial zones in Iowa City. Rockwell said another reason is that the area is close to one of
the large commercial areas in the City, and one of the Comprehensive Plan policies is not to
have large commercial areas scattered all over the community. She said at the Commission's
direction, staff could show the area as neighborhood commercial, but include in the text of the
plan that strip commercial development should be avoided and that it is appropriate to integrate
institutional and open space within the neighborhood commercial development. Rockwell said
hopefully this area would be a planned commercial development. Ehrhardt asked' if offices were
permitted in a neighborhood commercial zone, and Rockwell responded that offices are
permitted, but the percentage of space used by offices is limited within that zone. Miklo added
that when there is too much land zoned commercial in a community, the community ends up
with a lot of vacant and underutilized areas.
Ehrhardt asked what the distance would be between the proposed arterial street and the
nearest units that would be remaining within the Thatcher Mobile Home Court. Rockwell said
she would get that information for the Commission.
Public discussion:
George Knorr, 330 Kimball, asked what the purpose of the trail on the west side of the district
would be. Rockwell replied that the trail would have multiple uses, including bicycling and
walking. Knorr pointed out his properly on the map. He said Mormon Trek Boulevard would be
someday be a thoroughfare with lots of traffic and asked who would like to use a trail next to all
that traffic. Knorr said the people who suggested the trails live in the area called Yochimville.
He said it is always convenient to suggest things that affect the property of someone else.
Knorr said he objects to the trail.
Knorr said he is currently working with the United States Department of Agriculture to plant trees
and shrubs as a kind of living wall against the Highway 218 thoroughfare, and questioned
whether a trail through there would interfere with that. He said he thought the newly planned
trail here is not very meaningful, because it goes along the main artery, and there is a lot of
noise. Knorr asked that the proposed trail be thought through again. Supple asked Rockwell if
the trail along the highway was planned within highway right-of-way. Rockwell said it would be
within a proposed buffer area.
Tim Russell. 1160 Highway One West, said he thought the plan was fine. He said his only
concern involved the proposed trail system. Russell showed the location of a quarry he owns
and the location of eight acres zoned M2 that he owns. He said the trail system follows the road
and the property lines, but the trail then comes to his property and goes right through it. Russell
said he would prefer to see the trail located along the edge of property following the road. Miklo
said the planned trail system is still in the conceptual stage.
Terry Dahms. 3086 Sycamore Trail, said he represented FIRST, Friends of the Iowa River
Scenic Trail. He said FIRST has been a strong advocate of the trail system for twelve years or
more. Dahms said with the completion of the Willow Creek Trail, a person can travel the trails
from Highway One all the way to West High School. He said FIRST is now interested in making
Planning and Zoning Commission Minutes
November 4, 1999
Page 14
the connection to the Iowa River Corridor Trail, which allows trail travel all the way from
Napoleon Park way to the north.
Dahms said FIRST is interested in the connection across Highway One along the airport
property. He said there are a couple of facts to keep in mind. Dahms said there are some
culverts underneath Highway One that would allow that connectivity. He said there are also
some technical issues dealing with the airport. Dahms said although the trails cannot go
through the Runway Obstacle Free zone, it is possible to have a trail or even a raad beyond
that. He said the trail connections are important to FIRST, and he would like to see the
connectivity to the Iowa River Corridor Trail, however it can be worked out.
Bart Schuchert. 3911 Schuchert Drive SE, said he understood that his property has now been
recommended for a different zoning classification. He said, not having seen the extent of it and
how far back it goes, he really could not comment at this point. Schuchert said he has read that
the map would be amended, as requested, prior to the draft plan being forwarded to the City
Council. He asked when the map would be available for the public to see and study.
Rockwell said staff could make the recommend changes and try to have it for the next Planning
and Zoning Commission meeting. She said staff was waiting to change the map at the time all
the amendments the Commission wanted could be incorporated, but staff could provide a
revised map showing the amendments that have been requested to date. Schuchert asked if a
revised map would be available before the next Planning and Zoning Commission meeting so
that he can comment on it. Miklo said staff can prepare a draft map with the discussed changes
on it for the next meeting, so the Commission can see exactly what it is voting on. Holecek said
if the Commission had the prior map to compare it to and the suggested changes on a new
map, it would give the Commission the comparative structure by which Schuchert could make
comments. Rockwell said she would call Schuchert when the amended map was available.
Schuchert asked how restrictive neighborhood commercial zoning would be. Rockwell said she
would send Schuchert the section of the Code that deals with neighborhood commercial zoning.
Tom Williams. 4641 Dane Road, said the Commission changed the road to help out one person
but leaned on another person, because the road would go right through his property. He asked
what the time schedule would be for the arterial road alignment. Rockwell said it is at least eight
to ten years out, maybe longer. Williams asked if the mad is financed, and Rockwell said it is
not yet in the capital improvements program. She said this is a future land use scenario and is
considered part of a long-range comprehensive plan. Miklo said the decision has not been
made to shift the road, and it may not even be possible, from an engineering standpoint.
Williams said it would be a challenge to put the road through further to the south. He said there
is a drainage channel problem there. Williams added that the southern half of the airport is
three feet below flood stage.
Robert Russell. 3185 Dubu~lue Street N.E., said he is a member of the Johnson County Izaak
Walton League Chapter. He showed the property belonging to the Chapter on the map at the
very south end of the district on the road that runs east and west and is referred to as the Izaak
Walton League Road. Russell said currently he did not think his organization was in favor of or
against the proposed plan, as the group just did not know enough about it. Russell said one of
the concerns would be the maintenance of the Izaak Walton League Road, which would be the
boundary road between the City and the County. He said the road is currently in good shape,
but he would be interested in how that road would be maintained in the future, because of the
number of people who use the property.
Russell said the other thing the Izaak Walton League would like to know is what the City would
bring to the Izaak Walton League to make it look favorably on having the boundary that far
Planning and Zoning Commission Minutes
November 4, 1999
Page 15
south to bring it into the City. Rockwell gave Russell a copy of the draft plan. She said a lot of
the area around the Izaak Walton League property is wooded wetlands, and the plan advocates
that this area not be developed. Russell said it was his understanding that the loop of 61 acres
is proposed to be bought by the County. He said there are ten or twelve residences in the loop,
and some of the residents do not want to move.
Russell asked if this plan would call for the City to take over that loop. Rockwell replied that the
plan advocates that the area remains undevaloped and the homes that remain in the flood plain
should gradually be eliminated over time. Russell said the Izaak Walton League would be
interested in coming into the City if the City could bring public water down to the site. Rockwell
said it is not very likely the land will come into the City or that water or sewer service will be
extended down, because the property is unlikely to be developed.
Public discussion closed.
MOTION: Shannon moved to continue the public hearing on the draft South Central
District Plan to the November 18, 1999 meeting of the Planning and Zoning Commission.
Ehrhardt seconded the motion.
Supple stated for the record that Bart Schuchert's daughter is married to her son, but she said it
was not a conflict of interest for her.
Miklo reminded those in attendance that the next formal meeting would be held in the Senior
Center.
The motion carried on a vote of 5-0.
CONSIDFRATION OF THE OCTOBER 7. 1999 PLANNING AND ZONING COMMISSION
MEETING MINUTES:
MOTION: Bovbjerg moved to approve the minutes of the October 7, 1999 Planning and
Zoning Commission meeting, as written. Ehrhardt seconded the motion. The motion
carried on a vote of 5-0.
OTHER:
Rockwell said the five Commission members now present at the meeting have signed up for the
North District Planning Workshop. She said so far about 90 people have registered to
participate and about ten more have requested information. Ehrhardt asked if Commission
members would be required to follow the "stump" rule of not participating, and Holecek said they
would not, because the workshops are publicly advertised meetings.
ADJOURNMENT:
The meeting was adjourned at 9:55 p.m.
Dean Shannon, Secretary
Minutes submitted by Anne Schulte
ppdadm/min/p&zl 1-4-gg.doc
IOWA CITY PLANNING AND ZONING COMMISSION MEETING
THURSDAY, NOVEMBER 4, 1999- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
SIGN IN SHEET
2.
3.
4.
5.
Name
Address
14.
15.
16.
17.
18.
19.
POLICE CITIZENS REVIEW BOARD
MINUTES - November 9, 1999
Lobby Conference Room
CALL TO ORDER Chair J. Watson called the meeting to order at 7:00 P.M.
ATTENDANCE
CONSENT
CALENDAR
Board members present: L. Cohen, P. Hoffey, P. Farrant,
J. Stratton and J. Watson. Staff present: Legal Counsel
C. Pugh and PCRB Assistant S. Bauer. Also in
attendance was Capt. T. Widmer of the ICPD.
Motion by J. Stratton and seconded by P. Hoffey to
adopt the Consent Calendar. Motion carried, 5/0, all
members present.
RECOMMENDATION TO COUNCIL
Request payment of ~ 100.00 for a one year Associate
Membership to the National Association for Civilian
Oversight of Law Enforcement (NACOLE) (rescinding
original request for payment of 9300.00 for an
Organizational Membership)
GOALS FY 2000
Visit to Police Academy at Camp Dodge
The City Manager's memo dated October 29, 1999,
relating to the trip to Camp Dodge was discussed. The
primary concern seemed to be the appearance of
circumventing the open meetings law by taking this trip.
However, S. Atkins has approved the budget amendment
to allow the Board to take the trip. Chair Watson stated
the Board would take the precautions needed to make
sure it is abiding by the open meetings law. The process
the Board will follow includes:
Meet at the Civic Center to convene a meeting
· Go into recess immediately
· Travel to Camp Dodge in a City van
· Upon arrival at Camp Dodge, the meeting will be back
in session for the purpose of attending the Academy.
· After the session at the Academy, the meeting will
recess once again for travel back to Iowa City.
· The meeting will be adjourned in Iowa City.
Other particulars included:
During travel time, no Board business will be
discussed.
· The van (which will hold 12-15 passengers) can
accommodate members of the public, city council or
the media that would like to accompany the Board to
Camp Dodge.
· While at the Academy, the Board may discuss things
that relate to the Board's purview, but there will be
no business conducted other than learning.
· Anticipated departure time is 7:00 a.m., returning
about 6:00 p.m.
· Paul Hoffey will finalize the arrangements to S. Bauer,
who will forward them on to Board members.
Chair Watson will respond to the City Manager's
memorandum with an outline of what the Board plans to
do and the precautions it will take.
NACOLE
The second issue discussed in the City Manager's
memorandum involved the Board's request for an
organizational membership in NACOLE. Mr. Atkins
questioned why the Board did not go with a less
expensive membership. S. Bauer reported on her
telephone conversations with a NACOLE representative
regarding the five different membership possibilities.
Motion by L. Cohen and seconded by J. Stratton to
rescind the original request, and instead request that the
City consider paying for a $150.00 Regular Membership
for the PCRB in the National Association for Civilian
Oversight of Law Enforcement, with the membership in
the name of the Chair. After lengthy discussion, the
Motion was withdrawn. Motion by L. Cohen and
seconded by J. Stratton to rescind the original request,
and instead request that the City consider paying for a
~ 100 Associate Membership for the PCRB in the National
Association for Civilian Oversight of Law Enforcement,
with the membership in the name of the Chair. Motion
carried, 4/1, Farrant abstaining.
NEW BUSINESS
Baseline of information to analyze different types of
reports
A discussion followed regarding various reports the Board
receives and whether it is time to compile data. The
consensus of the Board was that it is premature to start
now, but will be addressed later in the fiscal year.
Improving~ officers' understanding of the Board's function
and educating the public about the PCRB
Possible methods to accomplish this included:
1. Meet with the union to talk about the union's
concerns and their view of the Board's role;
2. Ask permission from the Chief for two representatives
of the Board to attend an in-service or shift change for
a brief presentation and a chance to answer questions
about the Board;
3. Continue to do the Board's work the best it can and
let that work stand for itself.
After further discussion, the Board's consensus is to
continue on course, with no specific action at this time.
Lines of communication will remain open.
A discussion of the next forum is deferred until the next
meeting.
ICPD policy and procedures review
T. Widmer advised that every time a general order is
reviewed, the Board is given a copy. Chair acknowledged
receipt of the three general orders provided in the last
packet (Domestic Violence, Field Interview and "Pat
Down" Searches, and Arrests). A brief discussion
followed on Domestic Violence. P. Hoffey stated that he
feels the department is doing very well in meeting the
standards of accreditation.
None
COMPLAINT FORM
ISSUES C. Pugh referenced correspondence dated 10/25/99 she
received from the City Attorney in which she agreed with
the Board that the Chief's Investigation Logs did need to
establish some confidentiality. It was decided that the
log would be limited to internal complaints (eliminating
PCRB complaints) and forwarded to the PCRB
confidentially.
The letter from the City Attorney also addressed
concerns involving the determination of what allegations
are being made by a complainant in a complaint, and
stating it would be helpful to develop some mechanism to
clarify the allegations. In an attempt to define or
categorize the allegations, the City Attorney's
suggestions included requesting a brief summary or a list
from the complainant as to what they feel the police did
incorrectly. Discussion followed. P. Farrant stated the
reason for the simpler complaint form was the Board "just
wanted a narration of the person's perception of what
happened, recognizing that most of them don't know the
lingo, don't know how to make a rhetorical case for what
it is they're trying to say happened, but just put it out
there. That puts the burden on all of us to figure out
what their complaints really are." The new complaint
form allows the department to look at the complaint and
determine or infer the allegations. L. Cohen stated that if
the Board does not agree with the allegations as set out
by the Chief, it may address the issue by letter to the
Chief.
When asked for his opinion, Capt. Widmer stated "Short
of you [the Board] sitting down yourself and you spelling
out what you want us to address...if you have a
difference of opinion on what the allegation should have
been, once addressed, you can fire a letter back to the
Chief and we can look at that and do a report back."
Legal Counsel was directed to respond by letter to the
City Attorney that the Board feels there is a mechanism
in place to address this issue. Although this has not been
a problem very often, this issue can be revisited if there
are further problems.
4
MEETING SCHEDULE
·
Special Meeting November 23, 1999, 7:00 P.M. -
CANCELLED.
· Special Meeting and trip to Camp Dodge, December 8,
1999.
· Regular Meeting December 14, 1999, 7:00 P.M.
· Special Meeting December 28, 1999, 7:00 P.M.
PUBLIC
DISCUSSION
None
BOARD
INFORMATION
L. Cohen - reported on a media contact. She was also
contacted by an individual about a complaint, which she
referred to Capt. Widmer.
J. Watson - reported a meeting with M. Karr and S.
Bauer on 11/8. The purpose of the meeting was to
discuss staff and board communications. Karr felt
constrained by her inability to contact the Chair or PCRB
legal counsel directly. In responding to Karr's concerns,
Watson stated "... this is a board that was created to
perform a function that was not performed by the city
before; it's the board's function, and it was not created
to support a staff function. This board is the function
and the staff supports that. So the board has great
ownership over its mission and its own functions, and it
probably will remain that way. But we want to facilitate
communications and not discourage them." Watson
stated any staff who wanted to communicate with the
Chair could do so, with no constraints. However, he felt
staff should contact the Chair prior to contacting PCRB
legal counsel.
Following discussion, the Board reiterated its policy that
communications should be encouraged, but all
communications from staff should be directed through
the Chair. Watson stated he is no less accessible in
terms of communication when he's out of town as he
checks his voice mail regularly. If, however, he cannot
be reached, staff should contact the vice-chair.
At the same meeting, Watson reported that Karr
suggested the Board schedule a joint meeting with the
STAFF
INFORMATION
EXECUTIVE
SESSION
City Council after the new council is seated, to report on
the past year and to discuss relevant issues. Prior to
that, Watson suggested that the Chair and Vice-Chair
meet with the City Manager and the Mayor. The Board
affirmed this suggestion.
None
Motion by L. Cohen and seconded by J. Stratton to
adjourn into Executive Session based on Section 21.5
(1)(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law
to be kept confidential or 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, all members present.
Open session adjourned at 8:25 P.M.
Regular meeting resumed at 8:30 P.M.
Bauer was directed to draft a letter to the Chief
requesting a copy of the case file and any videotapes
regarding PCRB Complaint #99-06.
Watson reported that Bauer will routinely send a letter to
the PCRB mediators regarding their present level of
interest.
ADJOURNMENT
Motion for adjournment by P. Hoffey and seconded by J.
Stratton. Motion carried, 5/0, all members present.
Meeting adjourned at 8:33 P.M.
MINUTES
RIVERFRONT AND NATURAL AREAS COMMISSION
WEDNESDAY, AUGUST 18, 1999
IOWA CITY MAIN LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
CALL TO ORDER
Russell Bennett, Lynn Rose, David Thayer. Larry Wilson, Jeff
Gillitzer, Mark Graham, Gretchen Gdmm
None
Brad Neumann
None
Chairperson Rose called the meeting to order at 5:35 P.M.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
None
CONSIDERATION OF THE MINUTES OF THE JULY 21. 1999
The motion to approve with minoi' changes was made by Bennett with a second made by
Wilson.
The minutes were approved by unanimous consent.
COMMISSION REPORTS
JCCOG's Regional Trails and Bicycling Committee: Gdmm reported discussion at this
commission meeting regarding barricades at the Iowa Avenue Bddge and the Johnson County
Courthouse on Washington Street. These barricades are presenting problems for cyclists. The
commission will address these areas of concem.
There also was a lengthy discussion regarding the costs for trails. Gdmm reported on the
average cost per mile for trails. At Aubum Hills Trail in Coralville one-tenth of a mile came to
$177,103. In Cedar Falls the Clay Equipment Recreation Trail cost $124,000. The underpass
under 1-80 adjacent to Coral Ridge Mall cost $1 million to construct. The North Liberty Trail cost
$135,000 per mile. Grimm explained that the trails are costly.
Bennett did clarify that bridge costs, etc. are included in the costs of the trails.
COMMISSION DISCUSSION
a There was discussion of future plans for the commission. Wilson did speak to Steve Ford
regarding the Willow Creek Trail Hospice Plaza regarding the memorial tree placement as a
future project for the commission.
n Wilson spoke about the Clear Creek Enhancement Project; a project that he also
represented the U of I on as well. He said that there are a number of farms along this
corridor where there are pesticides running into the creek and erosion is occurring. Coralville
is downstream from this area. Wayne Peterson has formed this coalition that encompasses
the rural and urban dwellers in an attempt to deal with the existing problems.
Riverfront and Natural Areas Commission Minutes
August 18, 1999
Page 2
Wilson explained that the Clear Creek Committee has'scheduled a field tdp for
September 8, 1999, to different areas depicting wetland enhancements and buffer strips for
these watershed areas. The tour will offer vadous alternatives to deal with the problems with
numerous speakers to enlighten the property owners involved in the area as to what they
may do to improve the quality Of the area through govemment programs.
He went on to explain that once this phase of the project is completed then the committee
hopes to develop a slide show that could be presented to community groups and county
boards.
Thayer asked for clarification on HF 476. Wilson explained that land could not be
condemned for the purpose of a trail. Trail use and condemnation of land is not clear at this
time. It was pointed out that John Yapp ,,yould be the one to contact with questions. Wilson
indicated that several areas would have to be tested.
a Wilson made the motion to form an ad hoc committee of Gillitzer, Wilson and Graham. The
mission of this committee is to review the Stanley Report and other materials as a guide to
develop a procedural outline as to how to address the creek corddor issues. Grimm
seconded the motion and it was accepted by unanimous consent.
ADJOURNMENT
Rose adjourned the meeting at 6:55 P.M.
Minutes submitted by Le Ann Dunne-Tyson
MINUTES
SENIOR CENTER COMMISSION
TUESDAY, OCTOBER 19,1999
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
GUESTS PRESENT:
Bebe Ballantyne, Jay Honohan, Allan Monsanto,
Larry Pugh, Terri Miller, Deborah Schoenfelder,
and M. Kathryn Wallace.
Joanne Hora, and William Kelly,
Michelle Buhman, Julie Seal and Susan Rogusky.
Stan Good, Jackie Hess, and Sam Manley
CALL TO ORDER
Miller called the meeting to order at 3:00.
MINUTES
Motion: To approve the September minutes as distributed, The motion carried on
a vote of 7-0. Honohan/Wallace,
PUBLIC DISCUSSION
None
SENIOR CENTER/PARKING FACILITY SKYWALK - Miller
Commissioners formed a Strategic Planning Committee to plan for and support efforts to
secure a skywalk connecting the Senior Center and the Iowa Avenue parking facility.
Committee members include Terri Miller, Jay Honohan and Joanne Hora.
Kopping reported on the possibility of secudng CDBG funding to help fund the skywalk.
CDBG applications are available in mid December, due in mid January, and reviewed in
mid February.
28 E AGREEMENT - Miller
No report available, the committee has not met.
VOLUNTEER RECOGNITION REVIEW- Monsanto
The Volunteer Recognition event was a great success and Commissioners were
thanked for their support of this important event.
BUDGET REVIEWED - Kopping
Kopping reviewed major expenditures included in the FY01 proposed budget. Items
included funding for a half time Program Specialist, Senior Center Accreditation, a sound
system for the Assembly Room, repair of a water leak along the Linn Street side of the
building, equipment updates in the SCTV studio, track lighting in the Assembly Room,
and the skywalk.
MINUTES
SENIOR CENTER COMMISSION
TUESDAY, OCTOBER 19,1999
SENIOR CENTER ACCREDITATION - Kopping
Commissioners were asked to identify people who may be willing to serve on a
committee dudng the accreditation process.
SENIOR CENTER UPDATE
Operations - Kopping
The Fire Sprinkler Installation and Ceiling Tile Replacement Project is moving forward,
but very little is actually complete at this time. Contractors and subcontractors are being
encouraged to complete the work remaining on the mezzanine and second floors before
beginning on the first and ground floors. The work, which generates an incredible mess,
has been very disruptive to programming.
The Furniture Replacement and Remodeling Project is inching forward with the
installation of the first floor coffee station. Unfortunately, some revisions are necessary to
bring the countertop up to acceptable standards of quality. The new light fixtures for the
lobby are scheduled to be installed this Thursday.
Suggestions and issues presented in June Braverman's correspondence to the Senior
Center Commission Chair were reviewed and discussed. Miller agreed to draft a letter
responding to the suggestions.
Programs - Seal
An update of November programming was presented.
Volunteers - Rogusky
An update of volunteer programs and opportunities was given.
SCTV Request - Bennett
Miriam Bennett, SCTV staff member, requested $1959.09 to purchase a digital camera
for use in the SCTV studio. Bennett outlined the benefits associated with this purchase
and discussed the current and future needs of SCTV.
Motion: To purchase a digital camera for use in SCTV using $1959.09 of Gift Fund
money.
Discussion.
The motion carried on a vote of 7-0. Honohan/VVallace.
COUNCIL OF ELDERS - Manley
A report from the Council of Elders meeting was given.
CITY COUNCIL - Wallace
A report of the City Council meeting was given.
BOARD OF SUPERVISORS -Wallace
A report of the Board of Supervisors meeting was given.
COMMISSION DISCUSSION
MINUTES
SENIOR CENTER COMMISSION
TUESDAY, OCTOBER 19,1999
3
Motion: To adjourn. Motion carried on a vote of 6-0. Pugh/Honohan
The meeting adjourned at 5:00.
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION SPECIAL MEETING
MONDAY, OCTOBER 18, 1999 - 5:30 PM
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Betty McKray, Cathy Weingeist, Jim Pusack, Terry Smith, Steve Hoch
STAFF PRESENT:
Drew Shaffer, Dale Helling, Bob Hardy, Mike Brau
OTHERS PRESENT:
Rene Paine, Greg Thompson, Phil Phillips, Tim Clancy, Miriam Bennett,
Warren Paris, Mike Petersen, Kent Lambert
RECOMMENDATIONS TO COUNCIL
None.
SUMMARY OF DISCUSSION
The Commission held a discussion on renewal of PATV's. The Commission agreed on a definition of
community programming and that the new PATV contract will contain language requiring PATV to commit
one third (1/3) of their cablecast hours to community programming. The Performance Assessment Criteria
will be included in the contract.
APPROVAL OF MINUTES
Weingeist moved to approve the corrected October 4 minutes. Smith seconded and the motion passed
unanimously.
PATV PERFORMANCE CRITERIA ASSESSMENT
Weingeist suggested that the Commission take a broader focus than in past meetings. ATT may prove to be
more difficult to work with than TCI and in the long term the funds for accessmay not exist. The
Commission in past meetings focused on who the consumers of PATV are (producers and viewers) and the
services PATV does and should provide to them. What survives in the future will be what has public
support. If the funds for PATV were to no longer exist, PATV would need to go it alone or have enough
public support to demand continuation of PATV from the City. This is true of all the access channels. A
broad focus on how the Commission can strengthen public access and help it survive for the long term is
needed. In light of the suggestion about coverage of events like the City High-West High football game it
seems that this particular event would be well suited for coverage by the education channel and perhaps the
roles and activities of all the access channels needs to be re-thought, especially in light of what the
Commission wants public access to do.
McKray said that the question of why the community needs five access channels arises from time to time in
the City Council. The Commission needs to be prepared to respond to that question.
Weingeist said that while she favors a pure public access model based on making the medium available to
the public, she would support incorporating a more viewer-based model offering more community
programming in an effort to broaden public support for PATV. The public survey discussed at previous
meetings could be a good tool. It should include what the public would want from all the access channel, as
well as who is watching. Hoch said that PATV could be asked to respond to the survey as part of their
future performance assessment.
Smith said the Performance Assessment Criteria express goals for PATV to achieve. For those goals to be
valuable, they should be specific and measurable. It remains unclear even after looking at the 1996-1999
Performance Assessment Criteria and hearing PATV's presentation if PATV has meet those goals and
criteria. It is unclear what the consequences are of not meeting the criteria or the rewards for exceeding the
criteria. The Commission needs to come to an understanding what the specific expectations are for PATV in
their new contract. The first deciiion the Commission needs to make is what role PATV will play in the
community--will it be as a provider of pure public access, community programming, or both? Many of the
Criteria goals depend on how that question is answered. The other major question to be resolved is how
much is the Commission willing to pay for those services. What services are provided through the
Community Television Service (CTS) or other areas? The Commission needs to take a step back and look at
the broader picture including all the funds and all the entities that are in place today and look at the needs of
the community that are not being met that the Commission is trying to fill with PATV. Then the
Performance Criteria can be set to meet that specific need.
Weingeist said several areas need exploration. Is there a larger need for community programming than the
current efforts? Is the government channel doing an adequate job? Stokstad had indicated that she thought
the service was covering the needs of those who came to ask for the service, but maybe there is a need to go
out and ask people or organizations if they would like to utilize the service. Maybe those who could use the
service need to be identified and then informed that help is available. Will the CTS be able to do that
adequately and is this approach the reason more community programming is needed from public access?
How could the CTS and public access work together? What is the value of pure public access for the
community? Is the value of pure public access large enough that one channel should be devoted to it or
maybe a certain percentage of the total channel time should be dedicated to community programming? The
two central questions--the relative value of pure public access and community programming for public
access and if the community programming effort by all the access channels has been, or could be, sufficient.
Smith asked what the PATV Board perceived as their mission for the future. Are pure public access or
access and community programming? Thompson said that some of the Board's vision for the next three
years is contained in the proposal submitted prior to the meeting. Thompson said he would like to hear a
response to some of the initiatives put forth in the proposal. Thompson said PATV would like to have more
staff and higher salaries so PATV would be better able to keep trained staff. The most significant initiative
in the proposal is to house and administer the Community Television Service. In addition, PATV' s proposal
suggests expansion into cable radio and requesting funds to convert to a digital format, including webcasting
of producer' s programs. PATV's proposal requests that the Commission provide additional pass-through
fees and a portion of the franchise fees.
Pusack said the goals are forward-looking for a public access organization, but they may not be relative to
the Commission. While the Commission is interested in contracting with an organization that is interested in
alternative technology, but it is not clear if the Commission should be telling PATV what might go on the
Internet. The Commission should be careful not to over-reach its mandate. Smith said some of the goals are
ambitious and in the right direction, but it is not the goal or desire of the Commission to manage PATV. The
Commission' s focus is on what services they wish to be performed and how much they are willing to pay for
it. How PATV takes the funding and turns it into performance of that mission is their decision.
Shaffer reviewed the sources of funding for all the access channels. PATV receives about $165,000 annually
from the cable operator. The City was able to obtain this operational support during franchise negotiations
by forgoing an INET and other items. The most of the franchise fee goes towards the operation of the City
Cable TV Office, including the government channel and administration. The City Council has had a policy
that City Cable TV Office will be self-supporting Funds for consultants and lawsuits have come from the
franchise fee. In addition, about $45,000 of the franchise fee goes towards support of the library. There is a
$0.50 pass-through fee which is earmarked for three things: the Community Television Service, a joint
facility, and directly to the access channels through the Community Television Group for equipment and
outreach, for which any access channel can apply.
Smith noted that the PATV contract includes Coralville and asked about their participation in the process.
Hoch said that if Coralville participated in the funding of PATV they likely' would choose to play a larger
role in the process. Paine said Coralville believes that their citizens contribute about a quarter of the funds
committed to PATV and that they have not been getting the service they deserve. Helling noted that it is the
Iowa City franchise that requires the funds for PATV and AT&T is responsible for payment regardless of
where those funds are derived. Hoch noted that during franchise negotiations it was the City of Iowa City
that gave up items for in exchange for the PATV's funds. McKray said that for years Coralville has not
contributed funds towards the services they received, which includes all the access channels, and until the
past few years did not choose to become involved in any of the negotiations with PATV or TCI.
Smith noted that according to PATV's contract that the funds provided by the cable operator are designated
for public access and community programming and as such, there is a limitation on how those funds could be
spent. Weingeist noted that the language stipulated a non-profit organization so funds could not be provided
to individuals through a grant. Hoch said that the City or a nonprofit organization would be permitted to run
a grant program.
Smith said that PATV's contract calls for providing community programming and the Community
Television Service also provides community programming. The question for the Commission is if they
desire both entities to provide community programming. Weingeist said that ideally PATV would provide
only pure public access, but given the current climate PATV might not survive if they are counting on the
$165,000 provided by the cable operator. If those funds are not available in the future there is not a strong
enough constituency to provide outside funds or persuade the City to make funds available. PATV needs to
proactively reach out to the community and offer their services.
Smith said that from a legal perspective he is concerned about language in the contract that states that the
parties shall not attempt to control the content of programs on the public access channel. Mandating
community programming, at some level, could be perceived as controlling content.
Hoch said that it needs to be determined what the Commission wants from PATV. Hoch said he wants an
entity that makes an active decision on what to produce. Hoch offered the following as a definition of
community programming based on the definition contained in the draft 2000-2002 Performance Assessment
Criteria:
Community Programming is the active production of programming by an entity or person with the
necessary expertise and equipment (such as the Government Channel's Community Programmer)
who produces for community nonprofit organizations who have need for such services and do not
have the expertise or who provides coverage of public events deemed of interest to the community.
Hoch said that the addition of the phrase "or provides coverage of public events" would cover community
events that are not sponsored by a non-profit organization but of community interest, such as kids in their
Halloween costumes. PATV would decide what events are deemed of interest to the community.
Pusack said that the draft 2000-2002 Performance Guidelines are in question form. Performance criteria
should be measurable standards. Shaffer said the Guidelines were intended as a starting point for
Commission discussion.
Hoch and Pusack said that their major concern is with the outputs or the programs cablecast. Training, for
example, is merely the means to the end. McKray said that there is a large amount of programming on
PATV and an issue may arise if programming is displaced. Hoch said PATV to some degree already makes
these choices. For example, some programs such as series programs may get a reoccurring period in prime
time.
Paine said that if the Commission wishes to have PATV actively produce programs for community
programming purposes as well as the CTS that it could lead to confusion in the public. IfPATV were to
administer the CTS, it would identify the service with channel 2 and help them in the future.
Shaffer said that at this time he would not support PATV administering the CTS program. If PATV does a
good job with community programming during the next contract period, then it could be reconsidered. The
City office put a lot of effort in developing and growing the CTS and it is important not to loose the
momentum the service gained. Hoch said that over the years PATV has resisted actively producing
community programming. The Commission has identified a hole in the total community access system and
effort. A need exists for someone to actively produce programs for nonprofits, as they are unable to commit
the time and resources needed to do it for themselves utilizing the training services of PATV. Moving the
CTS is premature.
Thompson asked that the Commission not give them additional responsibilities without additional funding.
PATV's funds are stretched thin now. The mission of pure public access is barely being fulfilled with the
funds available.
Paine said that the new training program now involves production of community programming by those
being trained. Weingeist said she likes the idea that in return for the training producers receive that they be
asked to produce a program for the community or the community programming effort. Pusack said the
Commission needs to make clear to PATV whether it is expected that the staff produce community
programming or PATV manages the production of community programming by others, or both.
Paine said referred to the proposal from PATV. PATV wishes to grow and there needs to be a discussion on
the mechanism to do so. Smith said that PATV's contract with the City is not exclusive and there are
opportunities to grow through selling PATV's services, working with Coralville, doing fundraisers, and other
activities. Many of the items put forth in PATV's proposal deal with the operation and management of
PATV, which is not under the purview of the Commission. For example, if positions are salaried or by an
hourly rate makes no difference to the Commission. Paine said the Commission needs to determine what
level and type of service they wish PATV to provide. A higher degree of service comes at a higher cost.
PATV needs to be realistic in determining what they can offer Iowa City based on what they are receiving
from Iowa City.
Hoch offered the following language as a definition of community programming:
Community programming is the management of production of programming by an entity or person
with the necessary expertise and equipment who produces for community non-profit organizations or
provides coverage of public events deemed of interest to the community who have need for such
services and do not have the expertise.
Smith said some examples would further clarify the definition. Hoch asked ShatTer to clean up the language
and provide some examples. Pusack said the Commission appears to have consensus on the components of a
definition.
Pusack moved and Weingeist seconded a motion that at least 1/3 of PATV's cablecast content will fulfill the
definition of community programming (as defined immediately above). Smith said he does not disagree with
the concept, value or expressing a set amount, but does not see the value of the motion. Pusack said the idea
in the motion will be included in the contract and be used as a performance criterion. Smith said the motion
is premature. Weingeist, Pusack, and Hoch voted yes, Smith and McKray voted no.
COMMISSION SURVEY
Shaffer said that the Commission will need to discuss what information they would like to ascertain from a
survey before An Miller at the University of Iowa or some other person or organization can be contacted to
determine costs and availability. Hoch moved to table this item. Pusack seconded and the motion passed
unanimously.
ADJOURNMENT
Hoch moved to adjourn and Weingeist seconded. The motion passed unanimously. Adjournment was at
7:40 p.m.
Respectfully submitted,
Wm. Drew Shaffer~
Cable TV Administrator
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, OCTOBER 25, 1999 - 5:30 PM
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Betty McKray, Cathy Weingeist, Jim Pusack, Terry Smith, Steve Hoch
STAFF PRESENT:
Drew Shaffer, Dale Helling, Andy Matthdws, Bob Hardy, Mike Brau
OTHERS PRESENT:
Kevin Rice, Beth Fisher, Rene Paine, Russ Nordman, Phil Phillips, Tim
Clancey
RECOMMENDATIONS TO COUNCIL
None.
SUMMARY OF DISCUSSION
Paine reported PATV will hold a fundraiser at the Mill restaurant on Thursday at 9 p.m. featuring the
music of"Greg Brown. PATV's annual meeting will be held Wednesday November 17 at 7:00 p.m. in
Library Meeting Room A. The library has expanded the hours they cablecast from 6:30 a.m. to 11:00
p.m. Hardy reported that the City'media unit is keeping up with the production schedule despite the
water damage recently sustained and the difficulties of working around drying equipment. Up-to-the-
minute City Council election results will again be cablecast live on channel 4. The Commission held a
wide-ranging discussion on renewal of PATV's contract. Reporting of information, the amount of
training offered, community programming, and total amount of cablecast hours to be provided were
agreed upon by the Commission. It was unanimously agree that the contract with PATV, if renewed,
should be a two party agreement between Iowa City and PATV, and not be a three party agreement
including Coralville like the previous agreement, subject to staff and Council review. Staff will prepare
modifications to the contract reflecting those concepts.
APPROVAL OF MINUTES
It was moved by Hock seconded by Smith to approve the corrected October 4, 1999 minutes. The
motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
AT&T CABLE SERVICES REPORT
No representative was present.
PATV REPORT
Paine reported PATV will hold a fundraiser at the Mill restaurant on Thursday at 9 p.m. featuring the
music of Greg Brown. The direct mail campaign and the garage sale hav. e raised $1,300. On November
13, a silent art auction fundraiser will be held from 10 a.m. to 4 p.m. A new biweekly program called
Live and Local will start this Wednesday at 7 p.m. The program will focus on local news and issues and
may be a call-in The first program will focus on the City Council elections. PATV's annual meeting
will be held Wednesday November 17 at 7:00 p.m. in Library Meeting Room A
LIBRARY REPORT
Fisher reported the library was quite busy in October. Ten Storytime programs, seven adult programs,
and three episodes of the library's on-going series were produced. A new brochure on the library
channel and use of the taping facilities in Meeting Room A was distributed. Channel 10 has expanded
the hours they cablecast from 6:30 a.m. to 11:00 p.m. On an average week, the library shows 40 hours
of children's' programming. November is Community Reading Month. The Celebrity Book Talk
programs and all the Book Talk Liinches will be cablecast live. October 20 was the start of the winter
program series with Hancher Auditorium in which artists performing at Hancher appear at the library.
Those programs will be cablecast live.
ECC REPORT
No representative was present.
SENIOR CENTER REPORT
No representative was present.
MCLEOD REPORT
Kevin Ri~e reported that he met with City staff on September 15. Progress was made and a follow-up
letter was sent to Helling. Rice noted the articles in the meeting packet regarding problems with the
@Home cable modem service. McLeod has also had some problems with their cable modem service.
McLeod is exploring an Ethernet technology as an alternative to the RF-based @Home service. The
alpha tests have performed very well for two weeks and beta testing will commence in five to six weeks.
The low end of the service will offer 256k speed in both directions. The high-end service will offer 10
megabits.
LEGAL REPORT
Matthews had nothing new to report.
CITY CABLE OFFICE REPORT
Hardy reported that the media unit is keeping up with the production schedule despite the water damage
recently sustained and the difficulties of working around drying equipment. Up-to-the-minute City
Council election results will again be cablecast live on channel 4. Shaffer reported that he received a
number of complaints regarding the change in the channel line-up Some AT&T customer service
representatives have been telling callers that channel line-ups may be picked up at the AT&T office.
Shaffer will contact Heck and request that line-ups be sent by mail to those requesting them. Hock
asked how much more revenue the City is receiving due to digital cable service and cable modems.
Shaffer said there has been about an $8,000 increase that might be attributable to cable modems. The
franchise fee payment reports do not break out categories of revenue. Brau has plans to meet with
AT&T representatives to determine a better way to report revenue to the City.
PUBLIC ACCESS PERFORMANCE ASSESSMENT CRITERIA
Hoch moved that the Commission accept the report provided by PATV as fulfilling the requirement in
their current contract. It was seconded by Weingeist and approved unanimously.
Smith said that the proposals put forth by PATV covers management issues for PATV, which is not the
Commission' s role The CommisSion should look beyond the Performance Assessment Criteria and
look at changes in the contract. L/~nguage outlining what the Commission expects of PATV regarding
community programming, for example, could be contained in the contract rather than the Performance
Assessment Criteria. The training goal could be covered by modifying the contract to express how often
training sessions are to be provided. The amount of community programming expected could also be
specifically addressed and quantified in the contract. F,uuding language could state that a certain per
cent is provided and an additional amount released provided certain performance measures are achieved.
This would provide a mechanism for financial consequences ifPATV did not meet community
programming expectations. Likewise, if PATV's community programming is successful and beyond
what is required, additional funds could be made available.
Pusack said that the Commission's relationship to PATV can be seen in two different ways--it may be
akin to the United Way in which funds are provided to an agency 'tO do~h/ngs for the community or the
relationship may be as a private contractor. Questions in the Performance Criteria on fundraising, for
example, may not be appropriate for a contractor. There might be some reporting requirements, but
generally/~he Commission would set out the areas of expectations and let PATV meet them in the
manner they see fit.
Hoch and Smith said a reporting requirement including comparable data from other communities should
be included in the contract. This data could be used when the contract comes up for renewal.
McKray said there may be a concern on how quickly or easily a contract could be modified as compared
to the Performance Guidelines. Smith said that if the Commission feels that PATV's performance needs
a more frequent review that the contract could for a shorter period of time. Matthews said the contract
could always be amended by mutual consent of both parties.
Matthews said that having one document rather than two falls within the traditional concepts of
contracting for services and simplifies the process. Shaffer and Helling said having one document or
two makes little difference. Shaffer said the important thing is ifPATV is providing the community
what the Commission believes is important.
Smith said the contract sets the minimum level of acceptable performance. IfPATV perceives a need
that exceeds that level, they should strive to fill them.
Paine distributed a listing of programs considered community programming from the past year and
noted that they constitute about 40% of all programs. Paine said that in a worst case scenario not enough
community producers would chose to produce programs considered community programming requiring
the PATV staff would have to pick up the slack and PATV may not be in a position to accomplish this.
Smith said there a number of actions PATV staff could take to manage the production of community
programming, including requiring those trained to produce a certain amount of community
programming in exchange for training and cablecast time. That amount could be altered, if needed, to
meet the terms of the contract. The Commission should give PATV the latitude to manage such areas
rather than dictate to them how to meet the goal.
Pusack said that the Performance Criteria can be reviewed and, where possible incorporated into the
contract as measurable goals. -.
Hoch said that it should be understood by PATV that the agreed upon definition of community
programming includes active production and management 0f community programming. Both are
expected. Hoch said that incorporating financial incentives, as mentioned by Smith, is a good idea for
the major performance items in the contract.
Pusack asked about the questions in the Performance Criteria regarding University of Iowa students' use
of PATV facilities for classwork. Paine said that while there is not a lot of student use the amount of
time they put into their projects is much higher than other users. Hoch suggested that PATV could
instigate a requirement that a certain amount of community programming be produced ifa certain level
of resource utilization is reached.
Pusack and Hoch said that inclusion of Coralville in the contract is not a concern and a two-party
contract is preferred. Hoch said PATV funds come from Iowa City, not Coralville and PATV should
negotiate With Coralviile for funds. Paine said Coralville is under the impression that they are entitled to
services. Smith said PATV's funds are not subscriber-based Helling said the funding is required by the
Iowa City franchise agreement, not the Coralville agreement. Where AT&T derives those funds is
immaterial. Coralville was included in the agreement because Shaffer offered Coralville an opportunity
to be a part of the agreement. Smith, Hoch, and Pusack suggested PATV approach Coralville and
requests funding if Coralville wants specific services. Hoch said that there is not any benefit to Iowa
City for a three-party agreement so Coralville should not be included. Coralville, in fact, is getting a
free ride on Iowa City' s $163,000. The City of Iowa City gave up a number of things during franchise
negotiations to get that funding; Coralville gave up nothing. Matthews said Coralville's franchise fees
go towards the general fund and have for the last 20 years. Pusack moved that the Commission proceed
with a two-party agreement subject to staff and City Council review. Hoch seconded and the motion
passed unanimously.
Smith, Hoch, and Pusack suggested replacing item J of the current contract with the following language:
PATV shall dedicate an average of one third (1/3) of its programming hours per week to community
programming.
Smith recommended not changing the term video to media in the contract as suggested by PATV. Such
a change may compel PATV to provide access print media or the Internet, for example.
Pusack said that the digital program guide still does not contain the program listing of the local access
channels. Paine said that program data is supplied to TV Data and the failure to include those listings
rests with AT&T. Pusack suggested including language requiring PATV to submit such data should be
included in the contract.
Hoch said that language requiring reporting of the total amount of community programming, pure public
access programming, and data from comparable access organizations be included.
Hoch said language should be included that the PATV Board should reflect the diverse make-up of the
community. Weingeist and Smith said the make-up of the Board should not be a concern of the
Commission. Matthews said that the goal of having a diverse board is to ensure that the community
interest is being served and noted that PATV's mission statement already contains language regarding
the public interest. Hoch suggested including language that would require collection of information
from the community to ascertain community interests. Pusack said that the PATV Board could serve
that function. Matthews said that reviewing the mission of the Board might be productive if there is an
issue of whether the Board is meeting their own mission. Hoch said the important thing is that PATV is
continuously trying to ascertain community interests arid serving those needs.
Pusack said the Performance Assessment Criteria should be reviewed and items taken from it to
incorporate in the contract. The funding items can be deleted.
It was agreed that monthly training would be required. Hoch said statistical reports on training provided
should be included. " '
Hoch suggested and the Commission agrees on a requirement that PATV cablecast a minimum of 75
hours per Week.
Smith suggested adding language requiring quarterly reports on community programming. Hoch and
Pusack expressed agreement.
Smith said that funding language stating that funding could be modified so that 90% of the total will be
provided and the remaining 10% be made available upon adequate fulfillment of the contract. This
would incorporate consequences for poor performance and an incentive to perform well. Matthews said
that if the contract sets forth criteria to meet and PATV does not, then PATV would be in breech of
contract and all their funding would be at risk. The 90% language may put only the 10% of the funds at
risk in case of a breech of contract. Smith said that, alternatively, the contract could state that funding
will be at a fixed amount (less than the current amount) and additional funding could be made available
upon satisfactory compliance with the contract. This mechanism would provide consequences short of
pulling the entire contract. Matthews said the Commission would continue to have that option without
that specific language.
Paine said that in regards to community programming the Commission seems to be expecting a great
difference although PATV is now providing community programming at a level that would meet the 1/3
goal.
Hoch said that in the future the total amount of funds available through the franchise fee and funds from
any future cable operators will likely increase. This should serve as an incentive to PATV. Shaffer said
that public support of PATV should also be an incentive for PATV.
Helling said that current resources are committed. Any change in the budgeting of the funds means that
they are being subtracted from somewhere else.
COMMISSION SURVEY
Hoch moved and Puscak seconded a motion to table this item. The motion passed unanimously.
ADJOURNMENT
Pusack moved and Hoch seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 7:40 p.m.
Respectfully submitted,
Wm. Drew Shaf, er~
Cable TV Administrator