HomeMy WebLinkAbout2001-01-09 Bd Comm minutesMINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY NOVEMBER 9, 2000 - 5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Alan Ellis, Rick Mascari, Howard Heran, Mark Anderson
STAFF PRESENT: Sue Dulek, Ron O'Neil
CALL TO ORDER:
Chairperson Mascari called the meeting to order at 5:45 p.m.
APPROVAL OF MINUTES:
The minutes of the October 12, 2000, 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 4 - 0.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
Chadie Ruppert wanted to know if there were a lot of deer on the Airport? He said there were a
lot in his area of town. O 'Neil said there is a permanent NOTAM conceming deer and waterfowl
at the Airport.
ITEMS FOR DISCUSSION/ACTION:
a. Building K - O'Neil said he sent the Commission a memo concerning the corrosion on the
interior panels of the hangar being constructed. O'Neil said that because the sheet metal was
stored outside without being covered since the original building collapsed in March, the metal
deteriorated. Mascari said he looked at the panels with O'Neil. He agreed that the material
should have been covered.
O'Neil said Selzer Werderitsch Associates (SWA) had wanted an answer as soon as possible
so he had contacted the Commission members before the meeting and the consensus was to
have the panels replaced instead of repaired. O 'Neff said he gave this information to Tom
Werderitsch and also invited him to the Commission meeting to discuss this with the
Commission. Werderitsch said he thought the City's insurance should pay for the damaged
materials.
Anderson said it was unfortunate that SWA didn't attend the meeting to discuss this. He said
it should be the contractor's responsibility for the corroded material if SWA failed to keep the
material dry until it was used.
O 'Neil said a claim has been made to the insurance company and SWA has said they will not
reorder the material until they have the approval of the insurance company. It will take about
six weeks for the panels to be replaced.
The Commission directed O 'Nell tQ send a letter to SWA, confirming the Commission wants
the panels replaced. The $100/day liquidated damages begin on November 18, 2000. The
completion date is November 17, 2000. Anderson said SWA was notified after the first
corroded panels were installed and they continued to install the rest of the panels, knowing
they were damaged.
O 'Neil said there might also be a problem with the size of the opening for the 48-foot door on
the west side of the building. The door is required to have a 16-feet clear opening. This is
similar to the mistake SWA made when they made the building 4 inches too short. O'Neil
will check on this and report back to the Commission.
b. Building D-bids- O'Neil said that the bids for the building were higher than the engineer's
estimate of $ 77,000. The low bid for just the roof replacement was $ 53,128. The low bid
for the entire project, including all the altemates, was Kennedy Construction for $ 91,000.
The IDOT will pay for 70% of the project, up to $ 50,000. O'Neil said the difference
between the bids and the engineer's estimate was in the alternate for the exterior siding.
O'Neil said that if only the roof is replaced, about $13,000 of the IDOT grant would not be
spent. O'Neil suggested discussing the project with the Finance Director to see if additional
~mding would be available to complete the entire project.
Mascari commented that the fuel farm project came in substantially less than estimated. He
said he hopes the Finance Department and City Manager would take this into consideration.
Anderson said he thinks it only makes sense to complete the project at this time instead of
putting a new roof on a building that would need additional exterior work.
Anderson made a motion for a resolution to accept the Kennedy bid of $ 91,000, pending
approval of financing. Heran seconded the motion and at roll call vote, the motion passed 4 -
0, with Ruyl6 being absent.
c. FBO services- Mascari said he wanted to make a statement before the FBO discussion
started. He said he has been told by several people that there is a general feeling that he
personally has problems with the current FBO and that he would like to see them out of
business. He said that is not true and he wanted to make that clear. He said he does feel
strongly that the whole community owns the Airport and the Commission needs to do their
best to protect the commtmity's interest.
O'Neil said this is on the agenda because the Commission wanted to decide how to proceed
with securing FBO services after ICFS's contract ends in December 2001. Mascari said there
was discussion about whether ICFS invested in the infrastructure of the Airport, as discussed
when the new owners bought ICFS a couple of years ago. The Commission and ICFS had
discussed some type of lease extension or renewal based on ICFS's investment. Mascari said
he did not think ICFS made any commitment to the Airport.
Mascari proposed that ICFS invest in the infrastructure to meet their commitment to show a
good faith effort to be the FBO of the future. Heran agreed with Mascari that some
commitment should be made. Ellis said if no written agreement was made for an investment
to be made, he did not think that should be held against ICFS. Dulek said the Commission is
not required to go out for proposals before negotiating with ICFS. Anderson said his biggest
concem was to have an FBO that is stable and that will provide the services expected from a
good FBO.
Gordon Peterson, from ICFS, said he would try to answer any questions the Commission had
about what ICFS's intent was. Heran asked Peterson how many training aircraft were based
in Iowa City? Peterson said there was one all of the time and another about half time. ICFS
was still working on having two planes based at Iowa City at all times. Anderson asked if the
lease with ICFS is under the old minimum standards or the new minimum standards? O'Neil
said the lease says that ICFS will adhere to the minimum standards and does not specify
whether that means the current standards or the standards at the time the lease was signed.
Mascari asked Peterson how he interputed the standards? Peterson said he had not read the
lease lately and would have to read the lease before he could answer. Peterson said he did
think ICFS made an investment in Building F that they use for a maintenance shop. He said
ICFS had spent about $ 30,000 furbishing the hangar.
Ellis asked Peterson if ICFS was interested in being the FBO. Peterson said he is willing to
negotiate and wants everything in writing. O'Neil will revive the draft lease that he presented
to Rich Lancial and Kenny Sandi four months ago and present it to ICFS for review. Mascari
asked the Commission if they thought that the money ICFS has invested in Building F could
be considered a significant investment? Mascari asked Peterson if he would provide a
financial statement and business plan? Peterson said he would provide business information
but would not want to give personal financial information. Mascari asked Peterson to provide
receipts for the investment they made in Building F. Peterson said he could provide that.
The Commission directed O'Neil to draft a lease and have it reviewed by ICFS.
d. State F & E grants: REIL and radios- At a previous meeting, O'Neil informed the
Commission that the REIL on Runway 35 were not working and because of their age, should
probably be replaced instead of repaired. He thought this was an item that could be replaced
through the IDOT's Facilities and Equipment Fund. O'Neil also said that the portable
aviation radios that the Airport owns are also becoming obsolete as far repairs are concemed.
Heran made a motion for a resolution to apply for a grant through the 1DOT's F & E Fund to
replace the REIL on Runway 35 and to apply for another grant to replace the portable
aviation radios. Ellis seconded the motion and at roll call, the motions passed 4 - 0, with
Ruyle being absent.
e. North Commercial area
1. Marketing - O'Neil said he had advertised in the Press Citizen for letters of interest
from firms interested in marketing the NCA. He said two letters were received. One was
from Coldwell Banker and the other was from Prudential Ambrose & Jacobsen Realtors.
O'Neil circulated copies of the letters to the Commission. He said that the Commission
could intomew either or both of the companies or could advertise in a larger area than
just locally to see fithere were other firms interested in marketing the NCA. O'Neil said
he thought it was important to move forward with this as soon as possible. The
contractor has started constructing the infrastructure and now is the time to be marketing
the lots. O 'Neil also suggested that the Council/Commission subcommittee meet before
the interviews are conducted. He said it may give the Commission better direction in
their interview process.
Mascari said he has contacted Mayor Lehman to schedule a meeting. The City Manager
is waiting for appraisal information before a meeting is scheduled. O'Neil said there are
several potential tenants interested. He said that all of the property owners that border the
NCA on the north and east should also be contacted to see if they have any interest in
leasing some of the property. The Commission discussed some of the issues they thought
would be important to include as part of the interview process.
Mascari and Ellis are the subcommittee for the NCA. Mascari said each firm will be
allowed an opportunity to make a 30-minute presentation and there will a 15-minute time
allowed for the Commission to ask questions. Mascari will work with O'Neil and Ellis to
arrange for interview times aPcer the Council/Commission subcommittee meets.
2. Other issues- Anderson said it is difficult to see the barricades north of the RW17 &
RW24 intersection when taxiing at night. O'Neil said a NOTAM has been filed and he
has added additional barricades for those not familiar with the closed area of runway.
Heran asked if the concrete being removed from the taxiway and runway is being reused.
O'Neil said the original specifications called for reusing the concrete but he did not think
that was included in the final plan.
A question was raised concerning the number of ducks on the pond south of Wal-Mart.
O'Neil said there was something in their original easement with Wal-Mart about
controlling waterfowl on the detention pond. He will check the easement and see ira
letter should be written
O'Neil said reroutmg the storm water in the NCA would require that the power cable for
the RW 24 PAPI lights be relocated. The FAA has no problem with the cable being
moved but said it will be a local cost. They will not pay the cost to relocate the cable.
0 'Nell said the cable should be relocated so the power comes from the FAA building by
Building D instead of from the power pole at the northeast corner of the Airport. O'Neil
will see if this is eligible for a grant under the IDOT F & E fund.
f. Public restroom accessibility- O'Neil said the Commission had requested this be put on the
agenda. Mascari said he would like to see the Airport provide restroom facilities 24 hours a
day. Ellis suggested installing a coded lock on the door. O'Neil will check on the cost of
installing a coded access door.
g. Fly Iowa 2001- Anderson said plans are well underway and the fundraising will start soon.
The Governor of Iowa will sign a letter of support that can be included with the fundraising
letter.
CHAIRPERSON'S REPORT:
Mascari said he wanted to comment on something from the October minutes. Heran had said that
with the appointment of john Ruyle to the Commission, Heran was the only non-pilot on the
Commission. Mascari said that he didn't want not having non-pilots to be interputed as a
negative and that the Council should appoint the best applicant, whether it is a pilot or not.
COMMISSION MEMBERS' REPORTS:
Anderson said it is his understanding that after the new building is leased out, here will still be a
waiting list for pilots wanting hangars. He said the Commission would need to consider another
hangar.
Hotart said that he has been approached by someone who would like the City to have autogas sold
on the field. He said the same person has asked if a grass strip could be installed on the Airport.
Ellis commented that the new FBO lease should contain an annual performance review and have
enforceable sanctions if those performance standards are not met.
Ellis asked about the idea of a central location for recycling oil. Mascari said Ruyle was looking
into that idea. O'Neil said he did not think the Commission should get into the oil recycling
business. The City of Iowa City is building a recycle center and that is one solution to the
problem. Ellis said he would like to see something in the hangar leases that addressed storing
used oil.
Ellis wanted to know if the Commission could publish some type of approach procedures for the
/~irport? Most of the Commission agreed that the Commission does not have any control over
aircraft in the air. Ellis wanted to know ira preferred VFR route could be published. Anderson
said he would rather have pilots thinking about get on the ground in the safest way instead of
thinking about a preferred procedure for getting to the Airport.
ADMINISTRATIVE REPORT:
O'Neil said a copy of the USAR's renovation plan was in the Commission packet.
A copy of the fuel site bids tabulation was included in the packet.
The fuel site bids are in and the contractor will be given a "Notice to Proceed" soon and then a
more precise construction schedule will be developed.
O'Neil said he sent a letter to ICFS, expressing the Commission's concern about the material
stored in hangar #27 and that it was suppose to be used for aviation uses.
O 'Neil said that he was considering consolidating all of the Airport operations and equipment
storage into Building D. ICFS only uses the north hangar part of the building and he thought
something could be negotiated to use the southern third of the building. Areas now being used to
store airport equipment could be leased. The consensus of the Commission was to go ahead with
the project.
The Airport Zoning Commission will be meeting in November to discuss updating the Airport
Zoning Code.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for December 14, 2000,at 5:45 p.m.
ADJOURNMENT:
The meeting was adjourned at 8:23 p.m.
Rick Mascari, Chairperson
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY NOVEMBER 28, 2000 - 12:00 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Howard Heran, Mark Anderson, John Ruyle
STAFF PRESENT: Andy Mattews, Ron O'Neil
CALL TO ORDER:
Chairperson Mascari called the meeting to order at 12:00 p.m.
ITEMS FOR DISCUSSION/ACTION:
a. Building K- Tom Werderitsch, from Selzer Werderitsch Associates, said he had just
inspected the job site. He said that by December 1, 2000, the interior panels would be
replaced on seven of the nine hangars and they would be ready for occupancy. Maseari asked
O'Neil if all of the hangars were leased? O'Neil said that all of the hangars were leased but
because the completion deadline was passed, some of the leasees had already made
commitments elsewhere for the month of December. O'Neil said he would contact the
tenants to see how many could move in immediately.
Selzer said that in exchange for the Commission dropping any claim for liquidated damages
from the due date of November 17~, he would pay the December rent for all of the hangars
that could not be leased for the month of December. He said that if someone were to move in
during the month, he would hope to have the rent prorated.
Mascari asked Werderitsch if he ordered the building as soon as he received approval from
the City's insurance carrier. He said he was leaving for vacation when he received the
approval and did not order the building for another three weeks after receiving approval.
O'Neil said the November 17, 2000 deadline was adjusted by SWA to include the time delay
in reorderrag the building. Mascari said his concern was the fact that the Airport has been
losing rent since July.
O'Neil asked Werderitsch if the Building Department had conducted the final inspection on
the hangar? Werderitsch said he had not called for a final yet. O'Neil said a final inspection
would need to be done to make certain the building complied with the structure requirements
and he would need to inspect the building to make sure everything is operational.
Anderson asked why the interior panel material was not covered aRer the building collapsed?
Werderitseh said he did not think the oxidation could have been prevented by just coveting
the she_~ m~l. Anderson also asked why SWA continued to install aH of the interior panels
when they were informed after the first hangar section was completed that the Commission
would not accept the damaged panels? Werderitsch said he thought it was just a matter of
washing the panels down. He said they tried a couple of different products to clean the
panels, but it was not satisfactory.
Robert Downer, the attorney for SWA, said he has researched the question of liquidated
damages. He said it was his opinion that liquidated damages are only appropriate when
actual damages can not be calculated. He said in this case, actual damages, (i.e. lost rent,)
can be calculated and SWA has made an offer to pay some of those lost rents.
Heran made a motion to accept the proposal from SWA to pay December rents, plus one
day's liquidated damages. Downer said the law does not permit having to pay lost revenue
and liquidated damages. He said the liquidated damages would represent a penalty.
Werderitsch said he would pay $100 to show he had missed the November 17m deadline.
Werderitsch said the building should be done by December 5 or December 6. There was no
second to Horan's motion. Ruyle made a motion to wave the liquidated damages in exchange
for December rents for all of the hangars that can't be leased. Anderson seconded the motion
and it passed 3 - 1, with Heran voting against the motion.
b. Hangar lease -//34 - O'Neil said the leases in Building G expire February 28, 2001. The
tenant in//34 is trying to decide if he wants to move to Building K or stay in hangar//34. He
would like to stay in hangar//34 if the Commission would agree to maintain the current rent.
The current lease is for five years. Because Ruyle has a hangar in the same building, he
excused himself from any discussion. Mascari said he would not recommend holding the rent
for an additional five-year lease. He would suggest holding the rent for a two-year lease.
Anderson made a motion for a resolution to approve a two-year lease for hangar//34 in the
amount of $ 344.25 per month. Horan seconded the motion and it passed 3 - 0, with Ruyle
abstaining and Ellis being absent.
ADJOURNMENT:
The meeting was adjoumed at 1:03 p .m.
Rick Mascari, Chairperson
MINUTES
IOWA CITY CIVIL SERVICE COMMISSION
CIVIC CENTER, CITY MANAGER'S CONFERENCE ROOM
December 8, 2000
MEMBERS PRESENT: Mike Kennedy, Lyra Dickerson, James Anderlik
STAFF PRESENT: Sylvia Mejia, Karen Jennings, RJ Winkelhake
OTHERS PRESENT: None
RECOMMENDATIONS TO CITY MANAGER AND STAFF: None.
RECOMMENDATIONS TO CITY COUNCIL: Commissioners recommend that Council
accept the hiring list for the position of Police Officer.
SUMMARY OF RELEVANT DISCUSSION:
Chairperson Kennedy called the meeting to order at 8:15AM. First order of business
was certification of the hiring list for the position of Police Officer. Mejia summarized
the testing process and stated that all candidates successfully completing the written
and physical agility test were interviewed. Background investigations were conducted
on 20 of the individuals interviewed with the entire process resulting in a certified list of
14 candidates.
Anderlik requested clarification on the scoring method used to determine the list's rank
order. Mejia explained that candidates were placed in rank order by a consensus
decision of the interview panel based on all information acquired through the oral
interview and background process. She further clarified that even though the
candidates are placed on the list in rank order as required by Iowa law, Chief
Winkelhake has the ability to hire from anywhere on the list. Chief Winkelhake briefly
identified for the Commissioners what he looks for in making selections from the
certified list. In response to an additional question from Anderlik, Mejia and
Winkelhake summarized minority recruitment efforts used in the past and difficulties
faced by departments state and nation-wide in recruiting applicants.
Dickerson requested a summary report breaking the applicant pool down by race and
gender as the process progressed from application to the final hiring list. Mejia agreed
to prepare a summary for the Commission.
Mejia presented the list to the Commission for approval. Kennedy moved and
Dickerson seconded a motion to approve the hiring list for the position of Police Officer.
Motion carried.
Mejia gave the commission a brief update on the City's ongoing Fire Department
promotional process for the positions of Fire Lieutenant, Fire Captain, and Battalion
Chief and informed them that they would be presented with promotional lists for those
positions within the next two weeks.
Winkelhake informed the Commission of the recent promotion of Lt. Matt Johnson to
Captain, Sgt. Jim Steffen to Lieutenant, and Officer Doug Hart to Lieutenant in the
Police Department.
Dickerson moved and Kennedy seconded a motion to adjourn. All in favor. Meeting
adjourned at 8:35AM.
MINUTES
IOWA CITY CIVIL SERVICE COMMISSION
CIVIC CENTER, LOBBY CONFERENCE ROOM
December 13, 2000
MEMBERS PRESENT: Mike Kennedy, Lyra Dickerson, James Anderlik
STAFF PRESENT: Sylvia Mejia, Karen Jennings, Andy Rocca
OTHERS PRESENT: Irvin Pfab
RECOMMENDATIONS TO CITY MANAGER AND STAFF: None.
RECOMMENDATIONS TO CITY COUNCIL: Commissioners recommend that Council
accept the promotional lists for the positions of Fire Lieutenant, Fire Captain, and Fire
Battalion Chief.
SUMMARY OF RELEVANT DISCUSSION:
Chairperson Kennedy called the meeting to order at 8:00AM. First order of business
was certification of the promotional list for the position of Fire Lieutenant. Mejia
summarized the assessment center process and informed the commission that she
received very positive comments from the assessors on the quality of candidates
participating in the process. Dickerson asked whether any feedback on the process
had been received from the candidates. Rocca stated that he had not received much
feedback from the candidates but the consultant conducting the assessment centers
mentioned that a few candidates had commented to him that they liked the process.
Mejia presented the list to the commission for approval. Kennedy moved and
Dickerson seconded a motion to approve the promotional list for the position of Fire
Lieutenant. Motion carried.
The next order of business was certification of the promotional list for the position of
Fire Captain. Mejia explained that the captain process was very similar to the process
for lieutenant. Mejia presented the list to the commission for approval. Kennedy
moved and Anderlik seconded a motion to approve the promotional list for the position
of Fire Captain. Motion carried.
The third item of business was the certification of the promotional list for the position of
Fire Battalion Chief. Mejia explained that the process was the same as those for
lieutenant and captain. She also explained that the promotional requirements allowed
some individuals to test for both the captain and lieutenant positions, resulting in some
of the same names being on both Captain and Battalion Chief promotional lists.
Dickerson moved and Anderlik seconded a motion to accept the promotional list for the
position of Fire Battalion Chief as presented. Motion carried.
Chief Rocca thanked the Commission and informed them that there is currently a
vacant captain position so he would be hiring from both the Lieutenant and Captain lists
in the very near future.
In closing comments, Dickerson expressed her pleasure that feedback sessions were
offered to all candidates who participated in the assessment centers as it is an
important part of the process that is not offered by many employers.
Kennedy moved and Dickerson seconded a motion to adjourn. All in favor. meeting
adjourned at 8:20AM.
3b(5)
MINUTES
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
REGULAR MEETING
THURSDAY, - November 16, 2000
5:00 PM
Members Present: Winston Barclay, Linda Dellsperger, Mary McMurray, Mark Martin, Lisa
Parker, Linda Prybil, Jim Swaim
Staff Present: Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Heidi Lauritzen, Kara
Logsden, Martha Lubaroff, Liz Nichols,
Others: James O'Gorman, Shana Stewart, Candace Smith, Practicum students;
Chuck Schmadeke, City of Iowa City Director of Public Works, Lisa
Livermore, Gazette reporter
CALL TO ORDER:
President Martin called the meeting to order at 5:00 p.m.
PUBLIC DISCUSSION
None
APPROVAL OF MINUTES:
The minutes of the special meeting on October 10, 2000 and the regular meeting of October 26,
2000 were approved unanimously after a motion by Parker, Dellsperger.
UNFINISHED BUSINESS
Building Project: This item of unfinished business is getting closer to being finished. The bond
referendum passed by 67%. The Board was unanimous in their wish to pass a resolution thanking
the community for their support of our efforts to meet the demand for quality library service. This
resolution, in the form of a motion was made and seconded. Barclay/Dellsperger.
Parker suggested a letter be drafted to the City Council thanking them for their support. Craig will
take care of that. The Building Committee will review before it is sent.
Where do we go from here? In terms of process there are certain steps that need to take place.
A sedes of decisions need to be made by the Library Board. An initial step is whether to pursue
an architectural contract with Engberg Anderson which is what Craig recommends. A second step
concerns decisions about construction management. Chuck Schmadeke, Director of City of Iowa
City Public Works Department artended the meeting to speak to the Board about the issue of
construction management.
Schmadeke said that the City would like to manage the construction in-house; they have six years
of experience with major building projects and offer their services. However, he said, they could not
get involved until just prior to the construction because of two large projects they are currently
working on. These projects are scheduled for completion in 2002. He suggested that he would
speak with the City Engineer and determine if he has someone that could be involved at a minimal
level from the start.
ICPL Board Minutes
November 16, 2000
Craig summarized an e-mail she received from the architects: Planning for construction, and costs
related to phasing construction are best addressed up front. They suggest getting someone
involved in the beginning of the design phase. The architects might hire an employee who could
do that. Is that something someone might be interested in doing just for that pad of the project? It
could be broken up to have someone work with us during the design phase and then have the
construction managed by the City. The City would charge us 2% of the total construction cost.
There would need to be some involvement by City staff prior to construction. Schmadeke said that
possibly someone in the engineering staff could be identified to be involved in the design phase.
How does their cost compare with private management services? It would be much less. One
phase could be that the architect contracts with someone for the design phase until a contractor is
selected. That contract would then cease and the City would take over the construction
management. The Library would then enter into a contract with architect that would include site
visits, checking of plans, comparing specs, etc in order to be certain that the project is being built
according to the architect's design.
There would be a separate contract for furnishings and intedor design. Swaim expressed a concern
about a construction management company working on a project that may be more complicated
since it is a library; and their level of experience in library work. Craig said she sees a construction
manager assisting with the phasing of the project and the levels of moves, etc. Schmadeke said
that if there were a problem, they would go back to the architect to deal with any unforeseen
complications. Craig feels an advantage to working with the City is that she has a trust of
Schmadeke and his staff, however, it is more difficult to criticize another city depadment. Martin's
concem is continuity and wonders if there is any wisdom in employing a person as the "tracker" who
lives with the project and is on site from the beginning. A down side to such an arrangement is that
they would not have a firm or organization to back them up. If the Board is comfortable Craig
requested that they approve drafting a contract with Engberg Anderson for design and conceptually
we will work with Schmadeke's office for the building phase and the Building committee and
architect will locate a person for the design phase.
Barclay moved that we authorize Craig to work with Engberg Anderson to bring us a contract for
discussion. Swaim seconded the motion. All voted Yes.
The building committee will meet, and with input from architects, get information about someone
who has construction scheduling expertise, and then work with the City for Construction
Management. The Building Committee will bring a report back to the Board.
Presently the Building committee consists of Parker, Singerman and Martin. Martin will not re-up
when his term expires at the end of June 01. He suggested that we appoint someone now who will
continue into the future. Magalh~es agreed to do that and the Martin appointed him to be the fourth
member of the committee until Martin leaves. At that time they may decided to appoint another
fourth member or return to a.3-member committee.
FY02 Bud.qet Reauest
In the initial budget request, we had delayed a decision about a personnel request for a computer
network specialist until we knew the results of the referendum. The City is aware that a request may
be added. Parker moved that we amend the budget to include the position. Prybil seconded it.
ICPL Board Minutes
November 16, 2000
Open for discussion. Dellsperger voiced concem with the overtime. Why is it built in rather than
other options like rotating shifts? Would overlapping schedules help to alleviate the OT? Nichols
explained that the hours budgeted were for weekend hours not regular hours. The weekend time
is when we would be pulling them out of the regular weekend rotation and putting them on an oncall
status. The procedures for this are fairly fixed and well defined based upon the contract. We pay
everyone who works on Sunday OT and that is in the contract. If we scheduled them to work every
third weekend, we would then be scheduling them to significantly more weekend hours than anyone
in the library works. They are needed during the week; particularly the head of the systems unit, in
order to meet with staff in order to plan projects, with vendors, etc. Swaim expressed discomfort
with the Board directing how the Library does scheduling and feels the Board should rely on the
expertise of the library staff. Dellsperger replied that this was an informational question based on
what other institutions sometimes do. There is a significant amount of OT requested in the budget.
Once you put staff on on-call status there is a certain amount of OT included in the on-call status.
Martin stated that the Board will be continually supportive of management's attempts to keep the
amount of OT to a minimum. Martin asked for any further discussion. There was none and he called
for the vote. Passed unanimously.
Craig noted one more FY02 budget issue. The City Council has set aside Tuesday, January 23,
from 6:30 to 9pm to meet with Boards and Commissions about budget. It is always helpful to have
Board members present.
NEW BUSINESS
Contract discussion.
Craig had included information on the issue of temporary workers at the library, in the packet.
Dellsperger asked about substitute librarians. They are used on call like substitute teachers. We
also use some of our permanent part time staff who can work extra hours when needed. There are
two substitute librarians who work regular desk schedules of less than 10 hours per week.
Martin read the bargaining resolution aloud. Parker/Swaim moved approval. Is it a bargaining issue
that we convert temporary positions? Craig explained that what the union has requested is that the
definition of a temporary employee be changed in the contract to read "anyone who works for the
City less than 4 months and after 4 months they either are let go or are made a permanent
staffmember". Swaim asked that if we wanted to take a position that was different from the City's
larger position how difficult it would be. Craig replied that it is a joint contract and we try to
coordinate with the city. Different departments do account for some of the contract language. If it
was a concem and if we negotiate a labor contract that is like we have now the Board could direct
Craig during a budget process to request replacement certain hourly jobs with permanent jobs. On
the pay plan long-term hourly employees would be making $9.00 or $15.00 per hour. Parker
affirmed that there are opportunities for hourly staff to move into permanent jobs here and that in
fact they receive priority for such permanent jobs. For example, except for Lauritzen, we have not
hired anyone in Circulation for a permanent position in 15 years who was not already a library
employee. Swaim expressed his sensitivity to the notion of people working with no benefits.
A vote was called for. The resolution was adopted unanimously.
STAFF REPORTS
ICPL Board Minutes
November 16, 2000
New Cataloft features: Nichols explained an update to online catalog. One particular feature;
keyword search has disappeared and we now have a new type of search capability. It is a phrase
search engine that lets you do your limiting up front. The Innovative system will be two years old this
spring and we have had many upgrades. It is a very good company to work with.
Seventh .qrade sleepover: It was a great success with 27 kids and was supported with a gift from
the AM Rotary. Logsden thought that next year. might be a lock-in instead of a sleepover. The goals
of the night were accomplished by 11 p.m. Kids especially liked the treasure hunt using library's
resources and liked being in the library when no one was here. Nichols was pleased that, with the
private financial support, we were able to give each young person a young adult book. They were
appreciative and enjoyed getting their books. Swaim was supportive of continuing the event as a
sleepover and said he would see if he could recruit some of his staff to come in for the overnight
portion.
DO Report: (Included in the packet) Andrea Springer, consultant will be here and they will be
forming committees. Barbara Curtin has begun her position as Campaign Assistant and office
space was rearranged. Annual Report went out and response has been good coming on the heels
of the vote. Book Gala raised the usual $10,000 gross this year. Software and electronic
connections are being set up to offer the ability for automatic withdrawal from checking or savings
as a way of gi~ing to the library. Craig is going to suggest at the December board meeting that the
Board issue a challenge to staff and do a matching gift from their gift money.
PRESIDENT'S REPORT
None
ANNOUNCEMENT FROM MEMBERS
Barclay reported that he has been visiting other library web sites. He said ours is a terrific web site
compared to others. He suggested ti~at we hook up with other library web pages and get into chat
groups to help train people to access and gather information.
Swaim reported on two grants recently awarded to his agency to enhance services.
COMMITTEE REPORTS
Now that referendum has passed, we need to resume discussion about planning for outreach
services.
DISBURSEMENTS
Visa expenditures for October were reviewed.
Disbursements for October were approved unanimously after a motion. Prybil/Dellsperger.
SET AGENDA ORDER FOR DECEMBER MEETING
Matching grant
ICPL Board Minutes
November 16, 2000
Begin discussion of outreach
ADJOURNMENT:
6:25 p.m.
Minutes taken and transcribed by
Martha Lubaroff
PLANNING AND ZONING COMMISSION
DECEMBER 7, 2000 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Ann Bovbjerg, Pam Ehrhardt, Jerry Hansen, Marilyn Schintler, Dean
Shannon, Benjamin Chair
MEMBERS ABSENT: Norm Osland
STAFF PRESENT: Sarah Holecek. Karen Howard, Bob Miklo, Scott Kugler
OTHERS PRESENT: Terry Stamper, Irvin Pfab, Larry Schnittjer, Charles Greaves, Michael
Sondergard
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 6-0, an amendment to the Comprehensive Plan, South District
Plan, to change the land use plan for the area south of Napoleon Park and west of South Gilbert Street
from multi-family residential and public open space to public/institutional (approximately 21 acres) and
commercial (approximately 2 acres) and to depict the general location of an east-west arterial street,
which will connect Gilbert Street to the west side of the Iowa River.
Recommended approval, by a vote of 6-0, an application submitted by the City of Iowa City to rezone 2
acres of property located west of South Gilbert Street south of Napoleon Lane from Interim Development
Multi-family Residential (ID-RM) to Community Commercial (CC-2) subject to a Conditional Zoning
Agreement which addresses landscaping, building placement, parking, and location and number of street
access points.
Recommended approval, by a vote of 6-0, an application from Thomas Wegman for a preliminary plat of
Prairie View Estates, Part Four a 30.86 acre, 21 lot residential subdivision. located north of 1-80, east of
Prairie Du Chien Road, subject to the improvements for Sydl Street being completed prior to building
permits being issued for any lots in Part Four, and subject to the approval of a grading plan by Public
Works and preliminary approval of the proposed well and water distribution systems and on-site waste
water treatment systems by the Johnson County Department of Health prior to Council consideration to
the plat.
Recommended approval, by a vote of 6-0, an application submitted by Frantz Construction for a final plat
of Hollywood Manor Part 7, a 5.32 acre, 20-lot residential subdivision located west of Sycamore Street,
south of Burns Avenue, subject to legal papers and construction plans being approved prior to City
Council consideration.
CALL TO ORDER: . .
Chairperson Bovbjerg called the meeting to order at 7:37 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none,
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said there are several vacancies on City Boards and Commissions and a list is available on the
bulletin board in the Civic Center lobby.
ZONING/DEVELOPMENT ITEMS:
REZ00-00022/SUB00-00026. Discussion of a revised Sensitive Areas Development Plan and preliminary
plat for the Peninsula Neighborhood, an 82.1 acre, 210-1ot residential development containing
approximately 386 dwelling units on property located at the west end of Foster Road.
Kugler said this is an application for a revised Sensitive Areas Development Plan and preliminary plat for
the Peninsula Neighborhood. Along with the development plan is a request to adopt the Peninsula
Neighborhood Code to establish zoning variations for this planned development.
He said the plan the Commission is looking at is a refinement of the plan submitted by Dover Kohl in July
1998. The Dover Kohl plan was adopted earlier this year as a preliminary sensitive areas development
Planning and Zoning Commission Minutes
December 7, 2000
Page 2
plan for this property. At that time, approval was granted for up to 400 dwelling units on this site. He said
with the adoption of the concept plan by the City Council and the preliminary plan earlier this year, the
City has indicated acceptance of the idea of creating a traditional neighborhood on this property and the
design elements that define this type of development and has established the density as approximately 5
units per acre or less. The design elements include higher densities and smaller building lots, a diverse
mix of housing types, reduced building setbacks creating a more defined street corridor, slightly narrower
streets, the use of alleys for vehicular access to most properties, and an overall emphasis on creating a
pedestrian odented development on this property.
Kugler said the City currently owns the Peninsula property and is working in coordination with the
developer to refine a plan for the creation of a traditional neighborhood on the property. With the general
acceptance of this concept by the Commission and the City Council, the City and the developer entered
into an agreement that outlines the process by which the property will be transferred to the developer and
development will occur. The City has initiated this application, with the neighborhood plan and code being
compiled by the developer and when final plats are approved for each stage, the property will be
transferred to the developer at that time.
The proposed development plan illustrates a total of 210 building lots and that number may change as the
design is being refined. He said this would be on the agenda for the December 21, 2000 meeting and
staff hopes to have everything in place to be voted on at that time. One of the lots is reserved for a public
or community building as indicated on the Dover Kohl plan. That site sets at the southeast end of Emma
Harvat Square, which would be the town square. The rest of the lots are residential while allowing some
commercial activities like home offices. Building types have been designated for all of the lots and lot
sizes have been determined. He said per the developer's agreement up to 400 dwelling units will be
allowed.
The Peninsula Neighborhood Code sets forth standards for the placement and scale of buildings on lots
within the neighborhood. It establishes the variations that would be granted through this planned
development to the requirements of the underlying RS-5 zone that will allow this development to occur.
The code establishes standards that regulate placement of buildings on the lot, placement of parking on
the lot, and build-to lines that require buildings be built up to the street to create the kind of environment
that is intended here and for building type. Kugler showed on the overhead some of the details of the
standards. He said there is also a regulating plan that determines the build-to lines and type of buildings
allowed on what lots. As final plats are approved the regulating plan will be brought in with more detail.
The variations that are proposed to the zoning are included in the plan the Commission has. In addition,
there will be a set of covenants or deed restrictions that will establish architectural guidelines and
landscaping standards to help ensure attractive streetscapes and maintain private open space on most of
the lots.
The design and layout of the proposed neighborhood is generally consistent with the Dover Kohl plan.
One exception is at the northwest end of the site. The Dover Kohl plan showed this street as a single-
loaded street with visual access to the wooded ravine that lies between this area and the Iowa River. The
current plan shows this as a double-loaded street with an additional 6 building lots to be located on the
northwest side of the road. There is a conservation easement on those lots that would restrict
development to the top of that ridge. Staff feels this is a minor change since there will be plenty of areas
where there is access to public space whether it be physical access in some areas or visual access.
The second change is the inclusion of "bungalow" lots. They are small lots, which would be occupied by
one small single family house, normally a one bedroom dwelling of 700 or 800 square feet. This is new to
the Dover Kohl plan and would need some zoning variations to make that happen. These would be
located along a pedestrian street rather than a typical vehicular street.
Kugler said as far as zoning code variations; a series of code variations were adopted along with the
Dover Kohl plan earlier this year. At that time staff tried to identify as many variations as they thought
would be needed. Additional variations will be needed and a cleaner list will be available for the
December 21, 2000 meeting. They deal with height limitations, building coverage on some lots, frontage
on some lots, lot width and elimination of rear, front and side yards in lieu of building envelopes that
establish a buildable area.
Planning and Zoning Commission Minutes
December 7, 2000
Page 3
There may be a few lots for which off-street parking requirements cannot be met. Some of those
situations are being remedied by design modification; for instance, the 16-foot wide units may be replaced
with 18-foot units to allow two off-street parking spaces so that requirement can be met.
The other situation is the bungalow lots and a few of the affordable housing lots, which are being
reserved in the neighborhood. Staff feels it may be appropriate to look at a code amendment for either of
these since the bungalow lots may require only one parking space. He said at this point every zoning
code provision can be amended through the planned development process except for parking and in this
situation an amendment to the parking code may be appropriate also.
He said there are a couple of areas where development will encroach into protected slope buffers. The
sensitive areas ordinance does allow for that as long as engineers can ensure that the stability of the
slope won't be impacted. Staff is waiting for more information from the developer on that issue.
There are-ten percent of the units in the development that are being set aside for affordable housing
available to the Housing Authority and other organizations and those are noted on the plan.
Regarding preliminary plat issues, staff has been discussing alley and street standards with the developer
to determine whether the connection to the north needs to be a street connection or if an alley connection
is sufficient.
Storm water management is being handled through a series of basins on the upper part of the peninsula
as well as a series of basins on the lower part and Public Works will be looking at those plans to ensure
all requirements are being met.
Kugler said for this development a total of 1.81 acres of open space is required to be dedicated to the
public. Approximately 11,247 square feet of open space is provided in Emma Harvat Square. In addition,
there will be some dedicated space along the trail entry, to the lower peninsula park.
Staff recommends deferral pending resolution of a number of technical deficiencies contained on the plat.
Upon resolution of these items, staff recommends approval of the plan.
Kugler noted the City received a letter on December 7, 2000 from an attorney representing the Elks Club
expressing concerns and protesting the development.
Schintler asked at what point the fire department is involved in looking at the plan.
Kugler said the fire department is involved and the City has had recent discussions with them.
Schintler expressed concern about the traffic calming areas and whether those would be a hindrance to
the fire department.
Kugler said that is being looked at and before the Commission is allowed to vote those issues will be
taken care of.
Shannon asked if it was correct that garbage pickup would be from the alleys.
Kugler said the developer is interested in having the garbage picked up from the alley.
Shannon said the City had done away with alley garbage pickup in other parts of Iowa City because the
City didn't plow snow from the alleys. He wondered how that would affect the rest of the City if alley pick
up were done here.
Kugler said the peninsula plan all along has been a demonstration project in which the City would be
trying some new things and retrying some old things. He said they are working with Public Works to make
sure they can get their trucks in there and they hope to have a commitment from them. The alleys are
being designed with a pavement thickness that will withstand the weight of the trucks. He said he doubted
whether this would be applied city wide unless other alleys were improved to handle the trucks.
Miklo said the snow removal might be done by the Home Owner's Association instead of the City.
Planning and Zoning Commission Minutes
December 7, 2000
Page 4
Ehrhardt had a concern with The Peninsula Neighborhood Code and its mention of an architectural
review board. The code states that the City would establish and empower this Board, but the Board would
be appointed by the developer.
Holecek said she had concerns with the code also and legal staff will be working on that in the next two
weeks. She said this document is not in a codiflable form. She said code states that the architectural
review board would not become part of the City zoning ordinance, so there are some glitches to be
worked out.
Ehrhardt said she did not like changing the definition of accessory units. She could see changing the
code for this particular development. She said she is for the live/work units but is uncomfortable with
calling them accessory units.
Miklo said it is in the bigger code amendment which will be discussed with the code consultant to do just
that, so accessory units for owner occupied dwellings could be permitted without a restriction that they be
elderly or handicapped. He said it is a code amendment that the City has been considering for some time
and that is why he thinks it makes sense here.
Ehrhardt said she questions where code says business of a live/work unit could be 50% of the ground
floor. She said that seems restrictive if you have residence upstairs and can only have half of the ground
floor for business.
Kugler said that is a means to control the scale of office and commercial uses. He said he's not sure
where that came from; that it may be a question for the developer.
Bovbjerg asked about the letter protesting the neighborhood peninsula, which is dated December 7,
2000. She asked how long the City has been working on this project.
Kugler said since July 1998. He said earlier this year before the preliminary development was approved
and density was established, neighboring property owners were notified.
Bovbjerg said there were already two golf holes that were changed because of this.
Kugler said that was part of the agreement that was reached when the City realigned Foster Road.
Bovbjerg said that was because this development was going to be built.
Kugler said the City could have built the road with the old alignment but it would have been an unsafe
situation because it was going between two golf holes. He said the City reached an agreement with the
Elks Club to build the road over taking out two of their holes and in exchange they were granted land to
build two new holes. "
Bovbjerg said given that history, why were they getting this letter at this time.
Holecek said she thought Bovbjerg was trying to make a point on timing. She said there has been a long
history between the City and Elks with regards to the planning of this area and the intent of how this area
was to be developed, including the construction of Foster Road, etc. There was a rezoning approved for
this property such that density rights and development rights already have been vested for this property.
Now the City is revising the sensitive areas plan to deal with technicalities of where grading will take place
and where buildings will be located. She said she is not sure if the Elks are protesting the way
environment concerns are being addressed, which would be an appropriate point of a protest at this point.
She said if it's related to density, it is probably too late.
Bovbjerg said she feels it's a protest against the whole plan.
Holecek said it appears to be.
Chait said it would be accurate to say that the history between the City and the Elks Club has been
adversarial.
Holecek said they had reached resolution short of litigation.
Planning and Zoning Commission Minutes
December 7, 2000
Page 5
Kugler said this is a rezoning application and as an adjacent property owner they have the right to file a
protest. Whether the City Council or the Commission agrees with it is another question. He said it does
not affect the Commission's vote because a simple majority approves or a lack of majority denies a
rezoning request. He said it comes into play at the City Council level where, if a formal protest is
submitted by an adjacent property owner and that property encompasses twenty percent of the
surrounding area, then a super majority vote would be needed by the City Council.
Chait said for perspective. he feels this letter is not out of the blue.
Bovbjerg said since they surround the development they certainly meet the 20 percent.
Holecek said it was not certain that was the case. She said they will be able calculate that. She said it is
not relevant to requiring a super majority of the Commission but of course public concerns are always the
concern of the Commission.
Kugler said they have indicated they wish to file a formal protest. Before it goes to the City Council, the
City will do calculations to see if the twenty percent threshold has been met.
Public discussion:
Terry Stareper, 1712 Louis Place, Iowa City, said what Kugler outlined as items that need to be finished
by the December 21, 2000 meeting are a matter of the plan catching up to the compromises that have
been made. He said the code has been gone over in great detail and there are some discrepancies in the
language that need to be cleaned up, He said it does not mean there are a lot of issues out there.
He said he had meetings with the Elks Club early on. They were interested in building a new clubhouse
and Stareper offered to let them do that as part of the town square and they seemed excited about it at
the time but never followed up. He said he talked to the directors of the Elks Club and no one seemed
unhappy with the project at that time; they all seemed quite happy with it and said that new residents in
the area might lead to increased membership.
Bovbjerg said she had concerns with affordable housing being clumped together but those concerns were
satisfied at the informal meeting.
She asked about certain building types requiring porches.
Stamper said you want to have predictability of outcome. He said for the project to turn out really well, you
have to think in terms of every house and what's next to it, what's across from it and what you see at the
end of the block when you drive down the street. He said you prescribe architecture and prescribe
outcome and that's where the code comes in.
Bovbjerg said the buildings are being designed for the whole place. She said there is some leeway for
each type, but whoever builds it will have to adhere to some standards for size and shape.
Stamper said yes they would have to adhere to the code.
Bovbjerg said in some ways controlled communities control behavior. She said she's concerned how
controlled that is; for instance, can you hang clothes out in the backyard?
Stamper said those documents have not been written yet. This code deals with the basic layout of the
place. He said there would be a Home Owner's Association Code that deals with those issues.
He said the most fundamental idea here is for community. He said by design you can encourage
behaviors, which in turn have the chance of creating community.
Bovbjerg said she was pleased with the landscaping that allowed for variation of cover and personal
expression while still blending with other people.
Ehrhardt asked about the increase of buildable area on the lots and therefore decreasing the backyard.
Stamper said in traditional neighborhood development you get less backyard in exchange for better
streets and open spaces. He said the emphasis is on the public realm while still recognizing the need for
Planning and Zoning Commission Minutes
December 7, 2000
Page 6
private space. He said irs hard to get both, Stamper said when you have small spaces and smaller
backyards, they become true gardens.
In/in Pfab, 505 East Jefferson Street #1, Iowa City, said he was looking at the compliance with the Dover
Kohl plan and concerned with access to public land. He asked what changed on Walker Drive. He asked
if moving houses back from Walker Drive denies access to public ground.
Kugler pointed out on overhead slight variations between original plan and present plan.
Pfab asked how much public land was taken away. He asked how large the open space is in Phase 3. He
asked how you would get to open space.
Kugler showed existing and potential trails.
Pfab asked what if someone wanted to tramp through the woods, where would they do that.
Kugler showed various locations.
~tamper said there is about 150 acres available to the public.
Bovbjerg said she would still like to see a trail from lots 9, 10 and 11. She assumes there will be very
careful engineering by the City due to allowing buildings on slopes. She said she also wants it to be easy
to access public spaces rather than tromp through someone's lot.
Stareper said they did not encroach on more land; they just pulled the whole road back. He said there is
lots of access to open space. He said you would only have to go a block or two from anywhere to get to
open space.
Stamper said any part that is in the conservation easement, cannot be built upon even if it is part of
someone's property. He said there are some open places where you wouldn't want a lot of traffic that
would disturb the natural environment. He said they did not cover the place with trails; the trails are in the
obvious places.
Shannon said there is lots of open space in the development but some of the wooded area is not for
walking through because of tree density. He said he hopes they preserve that.
Public discussion closed.
MOTION: Ehrhardt moved to defer REZ00-00022/SUB00-00026, revised Sensitive Areas
Development Plan and preliminary plat for the Peninsula Neighborhood, *an 82.1 acres, 2t0-1ot
residential development containing approximately 386 dwelling units on property located at the
west end of Foster Road. Shannon seconded the motion. The motion carried on a vote of 6-0.
COMPREHENSIVE PLAN/REZONING ITEMS:
Public Headng on an amendment to the Comprehensive Plan, South District Plan, to change the land use
plan for the area south of Napoleon Park and west of South Gilbert Street from multi-family residential
and public open space to public/institutional (approximately 21 acres) and commercial (approximately 2
acres) and to depict the general location of an east-west artedal street, which will connect Gilbert Street
to the west side of the Iowa River.
Howard reiterated the staff recommendation. Staff recommends the South District Plan be amended to
reflect a change in the 21 acres from apartments and townhouses to institutional/public to reflect the Iowa
City Public Works complex, and to change the 2~acres Olin Lloyd parcel directly south of Public Works to
general commercial, and to change the South District Land Use Scenario to reflect the general alignment
of the South Central Arterial.
Ehrhardt asked about conditional zoning options that were discussed.
Howard said that would be part of next item.
Public discussion open:
Planning and Zoning Commission Minutes
December 7, 2000
Page 7
Pfab asked about location of the future arterial street.
Miklo and Howard showed location and route.
Pfab asked if intent was to go from residential to commercial on Olin Lloyd property.
Howard said yes, because of Public Works facility and some other changes to the South District Plan,
they feel that parcel is better suited for commercial.
Pfab asked if a beltway was planned around that area to relieve traffic from Highway 6.
Miklo said no the plan is not for a beltway, it's for an arterial street.
Bovbjerg asked for clarification of the route of the arterial on the overhead.
Howard said this arterial route was discussed and decided on during planning for the South Central
District.
Bovbjerg said the map is confusing in that it looks as if arterial continues on but in fact it stops at Gilbert
and driver would have option of going north or south.
Howard said that is correct and if South District Plan is amended the South District Map will reflect that.
Hansen asked about road east of Lloyd property.
Howard said in original plan there was some concept of a street heading into the residential area to the
east. She said the alignment is offset because they do not want a cut-through into that neighborhood.
Pfab asked about the angle of the arterial not being 90 degrees,
Howard said when the street is planned; those types of things would be taken into consideration.
Miklo said the map is purposefully vague to show irs a concept plan.
Pfab asked what the point is of making the changes now.
Larry Schnittier. 1917 South Gilbert, Iowa City, said when they worked on the drawings for the Public
Works facility they left plenty of frontage on Gilbert Street to allow for some movement of the intersection.
There is ground available to make the intersection ninety degrees if that is desirable.
Pfab asked what the concern is of changing the Lloyd property when it's in such a vague state right now.
Schnittjer said it was his understanding that those were the conditions made with the City by Lloyd that he
was to retain two acres and get some sort of zoning on it.
Holecek said there is, of course, no contract that says the City will agree to any specific zoning on this
property. It says the City may make an application on behalf of Mr. Lloyd but it does not guarantee any
type of zoning to Mr. Lloyd. She said we are not talking about that as a quid pro quo in any sort of
agreement with Mr. Lloyd. It goes properly through the Planning and Zoning Commission and the City
Council as a rezoning.
Holecek said Lloyd retained two acres when the City purchased the remainder of that parcel. At that time
it was anticipated that he would make an application for a rezoning. The City could not in that agreement
guarantee that he would get a rezoning that was desirable to him, but he was of course free to make an
application.
Pfab said he thought he understood the City would make the application.
Holecek said it is made by the City on Lloyd's behalf.
Public discussion closed.
Planning and Zoning Commission Minutes
December 7, 2000
Page 8
MOTION: Shannon moved to approve an amendment to the Comprehensive Plan, South District
Plan, to change the land use plan for the area south of Napoleon Park and west of South Gilbert
Street from multi-family residential and public open space to public/institutional (approximately 21
acres) and commercial (approximately 2 acres) and to depict the general location of an east-west
arterial street, which will connect Gilbert Street to the west side of the Iowa River. Chait seconded
the motion. The motion carried on a vote of 6-0.
REZ00-0021, an application submitted by the City of Iowa City to rezone 2 acres of property located west
of South Gilbert Street south of Napoleon Lane (Olin Lloyd parcel) from Interim Development Multi-family
Residential (ID-RM) to Community Commercial (CC-2).
Howard said staff recommends that REZ00-0021 be approved subject to a Conditional Zoning Agreement
to ensure that any plans for development of the parcel would be compatible with future residential
development in the area and as an entranceway to Iowa City. At a minimum, this agreement should
address landscaping and screening requirements, building placement and location of parking, and the
location and number of street access points.
Bovbjerg said the Commission had been given a list of thinking points for a Conditional Zoning
Agreement which they were to decide whether to add to or subtract from.
Hansen said he is not in agreement with rezoning to CC-2.
Holecek suggested that public input might guide the Commission on what issues should be addressed in
the CZA.
Hansen asked what Hills Bank is zoned.
Miklo said CC-2.
Public discussion open:
Pfab asked what the advantage of rezoning now, unless it's an obligation to Olin Lloyd.
Miklo said there is a provision in the Comprehensive Plan that says the City should zone in advance of
development and identify areas appropriate for commercial so people buying into that area have an
expectation and know what will be across the street or down the block.
Holecek said there is-no obligation to any particular zone or rezoning.
Chait said if this were rezoned, Lloyd could do something here.
Holecek said the previous zoning was ID-RM, which is usually a holding pattern for those particular
parcels that don't have the appropriate infrastructure, typically sanitary sewer and water main. With the
development of the Public Works facility, that infrastructure is available to the site now.
Chait said Pfab was wondering why do this now, but as soon as it's zoned Lloyd can do something with
this if he chooses to.
Bovbjerg said with a property being zoned ID-RM, it sounds as if it's a zoning change, when actually the
ID-RM is a holding zone.
Public discussion closed.
MOTION: Chait moved to approve REZ00-00021, an application submitted by the City of Iowa City
to rezone 2 acres of property located west of South Gilbert Street south of Napoleon Lane (Olin
Lloyd parcel) from Interim Development Multi-family Residential (ID-RM) to Community
Commercial (CC-2) Conditional Rezoning Agreement which addresses landscaping and screening
requirements, building placement and location of parking, and the location and number of street
access points. Ehrhardt seconded the motion.
Planning and Zoning Commission Minutes
December 7, 2000
Page 9
Hansen said his concerns would probably be for the future. He said what they're told is this shouldn't be
residential because of the Public Works and truck traffic from that. He said by zoning CC-2 you add more
trucks and higher intensity commercial across from residential. He said he wonders why not a CN-1 zone,
which is more for neighborhoods and not as intrusive.
Ehrhardt asked if Hansen would be more comfortable waiting on this until the South District Plan is
reviewed.
Hansen said he would like to see the South District Plan revisited before more amendments are made to
it. He said he would rather see this as a CN-1 but that requires three acres. He said he wonders why the
less intensive zoning requires more area.
Miklo said a CN-1 zone is intended to be mixed in a residential neighborhood. With the arterial street, or
Gilbert Street, being improved someday, they feel this is a demarcation between what will be the
neighborhood to the east and the west which has the Public Works facility. He said this is not going to be
terribly accessible to the neighborhood. He said another reason for a CN zone is for an area where
residential surrounds it so there is a market for goods and services that may be found there. He said this
parcel is not going to be heavily populated. The residential is all going to be east of here rather than on all
sides. He said for those reasons they feel a CC-2 is more appropriate.
Hansen said they want a CN-1 to fit into a neighborhood and yet give it a 3-acre requirement.
Miklo said that might be something to look at when reviewing codes. He said even if a CN-1 required only
one acre, they would question whether it was the best zoning for this parcel given the intersection of two
future arterials.
Shannon said he supports the CC-2 zoning here because if you look to the north you have that huge City
public works yard and no matter how pretty the picture is, that's never going to be a nice neighbor. He
said now is the time to do it because if thero is going to be residential across the street, those people
have the right to know what will be there.
Ehrhardt asked if staff could see across the street as possibly being commercial rather than townhouses
and apartments.
Miklo said no.
Howard said it would always be true that this part of the neighborhood will be fairly isolated because of
the sand dune. She said there are some development constraints in this area.
Chait said Hansen is making the distinction that this cannot be CN-1 because it's not 3 acres, and staff
has said that even if the requirement were one acre they would want it to be CC-2. He said based on that
he supports the rezoning.
Hansen asked if he supports the rezoning without a specific plan.
Chait said there would be a Conditional Zoning Agreement.
Hansen asked if he were comfortable that the CZA would address whatever happened in the future.
Chait said those conditions have to be met even if there's no specific plan.
Schintler said she supports the rezoning with the conditions.
Ehrhardt asked if the "screen exterior mechanical equipment" on the CZA suggestions implies that it will
be on both sides.
Howard said that change could be made.
Ehrhardt asked if the property to the west were sold by the City for commercial; should they put
something in for buffering on that side.
Miklo said he believed Public Works wants to hold that property for future needs of the City.
Planning and Zoning Commission Minutes
December 7, 2000
Page 10
Ehrhardt said she had talked to Project Green about the landscaping and their concern about
maintenance, but this property would be maintained by the owner.
Holecek asked to clarify with Howard the first bullet under landscaping on CZA suggestions, whether the
10-foot wide planted landscaped area along South Gilbert Street was .intended to be on private property
or part of the right of way.
Howard said it was intended to be on private property.
A friendly amendment to the motion was made to include "screen exterior mechanical equipment from all
street frontages" on the CZA.
The motion carried on a vote of 6-0.
DEVELOPMENT ITEMS:
SUB96-0006, an application from Thomas Wegman for a preliminary plat of Prairie View Estates, Part
Four a 30.86 acre, 21 lot residential subdivision, located north of 1-80, east of Prairie Du Chien Road.
Kugler said this is a preliminary plat; that the application was filed in 1996. It has been delayed because
of the County's delay in improvements to Prairie Du Chien Road and some secondary access provisions
that needed to be worked out between the applicant and the County.
He said the plat indicates 21 new building lots. The development pattern and size of these lots is
generally consistent with the lots created in the first three phases. Access to Part IV will be provided by
the extension of Sussex Lane and Kyle Drive. At the end of Kyle Drive there would be a temporary turn-
around until such time as that road were extended on to the adjacent property. The roadways would be
built to a standard to match the existing roads in the subdivision, which do exceed the standards of a
typical rural subdivision. He said providing a secondary access has been a concern. Secondary access
provides better circulation for the residents; provides an ingress for emergency vehicles and reduces the
impact on existing neighborhoods by distributing traffic to more than one street. Without the secondary
access, all traffic would be forced to pass through Kyle Drive.
Kugler said in the staff report he had raised some concerns about the storm water management and
wastewater treatment. He exchanged e-mails with the Johnson County Department of Public Health and
found out they felt that the outlet from the aquifer was adequate. He said because of the special nature of
the septic systems that will be needed, he would recommend approval of the plat be subject to approval
by the Johnson County Board of Health.
He said they are recommending that Sydl Street be constructed before homes are built in Phase IV, He
said that would allow the process of approval to be completed over the winter and in the spring they could
construct Syril Street.
Staff recommends approval, subject to the improvements for Syril Street being completed prior to building
permits being issued for any lots in Part Four, and subject to the approval of a grading plan by Public
Works and preliminary approval of the proposed well and water distribution systems and on-site waste
water treatment systems by the Johnson County Department of Health prior to Council consideration to
the plat.
Kugler said a letter was received from Brett Mohr, a resident of the subdivision, about Syril Street. His
concern is whether providing secondary access with Syril Street is worth the risks that would be created
at that intersection.
Schintler asked if that street had been looked at for safety.
Kugler said the design and layout of that street were determined with the platting of Phase I. He said it
was supposed to have been constructed at an earlier point as a condition of approval of one of the earlier
phases to allow emergency vehicle access to the subdivision, He said that either never happened or it
happened and it's not passable now. He said the configuration occurred with Part I; it's not part of this
plat. He said they feel it is necessary to provide that second means of access before allowing additional
building lots,
Planning and Zoning Commission Minutes
December 7, 2000
Page 11
Chair asked if that was a violation of something.
Holecek said she did not know that it was embodied in any City/Developer agreements. It may be a
violation of an agreement between the County and the Developer.
Chait verified that it was part of this request.
Holecek said yes and it is being tied to building permits. She said the reason they can require the
installation of a street that was platted with a different parcel is because it's determined to be a necessary
structure to support this development according to the Fringe Area Agreement.
Kugler said it had been recommended by staff, for years, that the roadway be installed.
Bovbierg said that Brett Mohr expressed a concern for safety of children along Syril Street. She asked if
Syril Street had requirements for necessary sidewalks.
Kugler said there are no sidewalks in the subdivision. He said it is a County plat not built to City
standards.
Bovbjerg said the safety concern then is more traffic when children are catching the bus.
Kugler said he was not sure where the bus pickup was.
Shannon asked if this area would be affected by the Fringe Area Agreement in place in 1996 or the
current one.
Kugler said it's an area already zoned RS so it is okay for development according to the Fringe Area
Agreement.
Bovbjerg asked if the standards go back to whenever the original plat was laid out.
Kugler said the streets here still exceed the city/rural standards in place.
Chait said the standards are met for Syril Street. He said if it had been done when it was supposed to be
done, it wouldn't be an issue because people moving in there would have known it was going to be there.
Bovbjerg said it would not be an issue if this had been built in the beginning.
Public discussion:
Charles Greaves, 1263 Devon Drive NE. Iowa City, asked if any of the runoff from the new development
into the old development had been looked at because in the construction of the new development, most
of the sites sit uphill from current residences. He asked if anyone has looked into how development of
Phase Four would impact the noise buffering of the existing forest that is located between Phase Three
and Interstate 80~ He said it looks like Phase Four will remove a significant amount of that forested area.
He said traffic can be heard now but at a tolerable level but development will impact the noise level in the
neighborhood.
Kugler said the County doesn't have a Sensitive Areas Ordinance or anything that would require the
protection of those trees. He said he hopes that grading and leveling of those trees would be held to a
minimum but there is no ordinance to prevent clear cutting of those trees. He said storm water basins are
not required by the County. He said he's not familiar with the water flow there. He said Public Works looks
at that with the grading plan.
Chair asked if this was a final plat.
Kugler said it is a preliminary plat for Phase Four,
Chait asked if when Phase One was approved, no one knew the extent of this subdivision.
Kugler said he would have to find the original plat to see how extensively it was drawn out.
Planning and Zoning Commission Minutes
December 7, 2000
Page 12
Chait said that when someone moves into a subdivision they usually have an idea of the entire project
and future phases.
Holecek said dumping water on a neighbor's property is actionable by civil process. She said there are
statutes of protection and remedies for damage done.
Greaves said it would be prudent to look at layout of Phase Four to prevent damage being done. He said
there is a natural flow of the land that allows for runoff.
Holecek said grading would change the contour.
Greaves asked if there are any assurances set up by the city or County to prevent those changes from
adversely affecting his property prior to damage being done.
Holecek said the level of the City's review does not go to the engineer who is actually doing the project.
Chait told Greaves that the County has first authority on this property and that is whom he should talk to.
Kugler noted that the grading plan and plat do show drainage easements and storm water management
areas, but they do not have to be built according to the County standards.
Schnittjer said there is a grading and erosion prevention plan on file with the City. It may need some
refinements. He said there has been some question of planning since Phase One to this date. He said the
general configuration of the streets has been the same and the configuration of the lots has been the
same except for removing 2 lots on this plat.
Schnittjer said Syril Street is a fiasco that he can't remember everything on. It was planned in Phase One,
then they were told not to build it in Phase Two and hopefully it will now be resolved.
He said the amount of grading for rural subdivisions is significantly less than in city subdivisions because
they have to leave as much undisturbed land as possible for septic systems. He said there would be trees
removed but not all of them. He said they would only grade what they have to, to build the streets.
Shannon asked Schnittjer's thoughts on the extension of Devon Drive as an alternative to construction of
Syril Street mentioned in Mohr's letter and whether that was a viable thing. He asked if that was
something that would happen soon or ever.
Schnittjer said they had considered that at one time but somebody bought the land north of Devon Drive
so that nothing could happen.
Holecek said them is nothing that either governing body would do to ensure that happening and if the
landowner doesn't wish to develop, they couldn't be forced to.
Schnittjer said because of the topography, it wouldn't be the best option for secondary access but it would
be a possibility, but if they don't want to develop, they can't be forced to.
Michael Sondergaard, 1304 Devon Drive NE, said he wanted to echo Greaves' concerns. He said this
spring they had a rain situation that ended up flooding the well in his front yard on the downhill side of
Phase Four. He asked what assurances there were that there is an adequate water supply for an
expanded subdivision given the fact that their water supply is drawn from the same aquifer as the new
Iowa City water plant. He asked if the DNP, looks at this and assures them the water supply is adequate.
Kugler said there would be some DNR involvement looking at the wells.
Sondergaard asked if the plan was to drill new wells.
Kugler said they do show a few wells.
Sondergaard asked if there would be no recourse for the homeowners out them if they had a water
shortage.
Planning and Zoning Commission Minutes
December 7, 2000
Page 13
Kugler said that would be a question for the Department of Health or the Board of Supervisors. He
illustrated where the three wells are,
Sondergaard asked if the Commission had heard anything officially from the Home Owners Association.
Holecek and Kugler said they didn't think so.
Sondergaard said it was his understanding that the Home Owners Association had expressed their
concerns.
Bovbjerg asked if the Commission would review complaints before a final plat approval.
Holecek said yes but she suggested that the City's level of review on County subdivisions may explain
why they aren't receiving a large number of comments. People may choose to direct those comments to
the County level. She said if a final plat comes in and does not deviate substantially from a preliminary
plat, generally the final plat approval is ministerial.
Holecek said it does need approval from City and County governing bodies but the process in each is
parallel.
Kugler said the County usually doesn't approve a plat until it is approved by the City.
Public discussion closed.
MOTION: Ehrhardt moved to approve SUB96-0006, an application from Thomas Wegman for a
preliminary plat of Prairie View Estates, Part Four a 30.86 acre, 21 lot residential subdivision,
located north of 1-80, east of Prairie Du Chien Road, subject to the improvements for Syril Street
being completed prior to building permits being issued for any lots in Part Four, and subject to
the approval of a grading plan by Public Works and preliminary approval of the proposed well and
water distribution systems and on-site waste water treatment systems by the Johnson County
Department of Health prior to Council consideration to the plat. Shannon seconded the motion.
The motion carried on a vote of 6-0.
SUB00-0024, an application submitted by Frantz Construction for a final plat of Hollywood Manor Part 7,
a 5.32 acre, 20-lot residential subdivision located west of Sycamore Street, south of Burns Avenue.
Miklo said the preliminary plat was approved earlier. The plat before the Commission is consistent with
that and City requirements. He said staff is recommending approval, subject to legal papers and
construction plans being approved prior to City Council consideration.
Public discussion open:
There was none,
Public discussion closed.
MOTION: Schintler moved to approve SUB00-0024, an application submitted by Frantz
Construction for a final plat of Hollywood Manor Part 7, a 5.32 acre, 20-lot residential subdivision
located west of Sycamore Street, south of Burns Avenue, subject to legal papers and construction
plans being approved prior to City Council consideration. Hansen seconded the motion. The
motion carried on a vote of 6-0.
MOTION: Hansen moved to approve the minutes of the November 2, 2000 Planning and Zoning
Commission meeting as written. Shannon seconded the motion. The motion carried on a vote of
6-0.
Hansen moved to approve the minutes of the November 16, 2000 Planning and Zoning
Commission meeting as written. Shannon seconded the motion. The motion carried on a vote of
6-0.
OTHER:
Holecek introduced Mitch Behr as a new Assistant City Attorney.
Planning and Zoning Commission Minutes
December 7, 2000 '
Page 14
Shannon asked to discuss the recent discussion between the City and County about the Fringe Area
Agreement.
Bovbjerg said the Fringe Area Agreement went from the Commission to the City Council. Council heard
from the County and heard the Commission's chronology. The Council also voted to keep the land use
plan at Herbert Hoover Highway and 1-80 the same as the Commission had voted.
Chait asked what Shannon wanted to discuss.
Shannon said he felt the County Planner was pushing the case perhaps too strongly.
Chair said it seemed the Council didn't like the threats any better than the Commission. He said whether
we have a Fringe Area Agreement or not, he doesn't know.
Bovbjerg said they are governed by the old Fringe Area Agreement.
ADJOURNMENT:
The meeting was adjourned at 10:00 p.m.
Dean Shanr~on, Secretary
Minutes submitted by Diane Crossett
ppdadm/min/p&zl 2-7-00. doc
01 -.09-0'l
3b(7)
POLICE CITIZENS REVIEW BOARD
MINUTES - November 7, 2000
CALL TO ORDER Chair John Watson called the meeting to order at 7:00 P.M.
ATTENDANCE Board members present: Leah Cohen, Paul Hoffey, Loren
Horton, John Stratton, and John Watson. Staff present:
Legal Counsel Catherine Pugh and PCRB Assistant Sandy
Bauer. Captain Tom Widmer was also present.
CONSENT
CALENDAR Motion by Stratton and seconded by Hoffey to adopt the
Consent Calendar as amended, to include "k," and "1:"
a. Minutes of 10/10/00 meeting
b. ICPD Use of Force Report - July 2000
c. ICPD Use of Force Report - August 2000
d. Racial Profilincl: The Civil Ri.clht's Issue of the New Millennium, Sgt.
Sid Jackson
General Order 00-09 - Organization
~'.ICPD October Training Report
ICPD October Training Newsletter
h. ICPD Training Bulletin 01-21 - Supplemental Accident Reports
ICPD Training Bulletin 01-24 - WT 00-17 HAZMAT
ICPD Training Bulletin 01-26- WT 00-16 10-50 PI
Correspondence from Chief Winkelhake regarding December 12
meeting
|. Traffic Stop Demographics from the ICPD
Bauer was directed to respond to Winkelhake's
correspondence requesting that he designate an officer to
make the presentation on December 12.
Motion carried, 5/0, all members present.
RECOMMENDATION TO COUNCIL - None
PCRB GOALS The objectives/strategies to accomplish the Board's goals:
Action Step
Measure (evidence that the goal is accomplished)
Date
Responsibility
Resources (time/money)
1. Board Education
· Continue to streamline board procedures -identify
specific SOP the board wishes to improve (address
as needed); make recommendation to City Attorney;
date; assign responsibility; resources would be time.
· Brief new board members - the Chair and PCRB
Assistant will meet with new board members to orient
within 30 days of appointment.
· Encourac~e continuation of PCRB - request a meeting
with the City Council; Chair/Vice-Chair will send a
letter in January requesting a meeting by March 1,
2001.
· Actively pursue more diversity in future board
members - pursue diversity through guest editorials,
media interviews, classified ads, and recruitment by
current members; commencing in the month of May
when a vacancy is determined; responsibility will be
the Chair, PCRB members, and city staff.
2. Community Education
· Hold forums - determine specific issue-oriented
forums, with the first forum in early March.
· (Following discussion with Captain Widmer, the
second bullet was eliminated.)
· Develop a videotape about the PCRB - Chair will
follow through with city staff (Bob Hardy, Cable TV) to
commence development of videotape by November
2000.
· Make presentations to civic and service clubs -
Prepare presentation and schedule meetings with
service clubs, etc. (Bauer directed to obtain list of
service clubs from the library.)
3. Policy/Procedure/Practice (PPP) Review
· Continue to review .qeneral police policies,
procedures and practices - schedule a policy review
at each monthly meeting; Board will select topics.
Publicize the PPP reviews.
· Address the perception of discriminatory enforcement
-Support the ICPD's efforts to collect traffic-stop data
regarding racial profiling. Review and analyze traffic-
stop data supplied by the ICPD on an annual basis in
conjunction with local community experts.
· (Following discussion, the third bullet was eliminated.)
Cohen commended Sgt. Sid Jackson on his paper on racial
profiling.
NEW BUSINESS Bauer advised that applications are presently being accepted
through January 5 for the Citizen's Police Academy,
commencing February 1,2001. Application forms were
distributed to Horton and Stratton.
OLD BUSINESS None
PUBLIC DISCUSSION None
MEETING SCHEDULE
· Regular Meeting December 12, 2000
· Regular Meeting January 9, 2001
BOARD
INFORMATION Paul Hoffey - reported a telephone conversation with Chief
Winkelhake about the Iowa Police Executive Forum.
STAFF INFORMATION Bauer recommended that Board members hold onto
General Orders which are distributed in the packets as they
may be used during presentations regarding ICPD policies,
procedures and practices.
Bauer also advised the Board of the City Council January
Meeting and Budget Schedule.
ADJOURNMENT Motion for adjournment by Hoffey and seconded by Stratton.
Motion carried, 5/0, all members present. Meeting
adjourned at 8:10 P.M.
POLICE CITIZENS REVIEW BOARD
MINUTES - December 12, 2000 /~
CALL TO ORDER Chair John Watson called the meeting to order at 7:00
P.M.
ATTENDANCE Board members present: Leah Cohen, Paul Hoffey, Loren
Horton, John Stratton, and John Watson. Staff present:
Legal Counsel Catherine Pugh and PCRB Assistant Sandy
Bauer. Captain Tom Widmer, Captain Matt Johnson, and
Sgt. Kevin Hurd were also present.
CONSENT
CALENDAR Motion by Stratton and seconded by Hoffey to adopt the
Consent Calendar, as amended, to include "n" and "o."
a. Minutes of 11/7/00 meeting
b. Standard Operating Procedure - Arrests
c. Standard Operating Procedure - Evidence and Property Handling
Procedures
d. Standard Operating Procedure - Internal Affairs Investigations
e. Standard Operating Procedure - Domestic Violence
f. Standard Operating Procedure - Vehicle Crashes
g. ICPD Use of Force Report - September 2000
h. ICPD November Training Report
ICPD Training Newsletter
ICPD Training Bulletin - 01-27
ICPD Training Bulletin - 01-28
|. ICPD Training Bulletin - 01-30
m. ICPD Training Bulletin - 01-31
11. ICPD Use of Force Report - October 2000
o. ICPD Department Memorandum 00-67 regarding July-October
Use of Force Review.
Motion carried, 5/0, all members present.
RECOMMENDATION TO COUNCIL - The PCRB recommends that its By-
Laws, Article V, Section 1, Regular Meetings: First
sentence be changed to read: The Board's regular
meeting will be held the second Tuesday of each month.
PRESENTATION Captain Johnson, Sgt. Hurd and Captain Widmer from the
ICPD gave a presentation on the issue of ARREST
PROCEDURES. A question and answer period followed.
ICPD PPP The Board confirmed that it has requested a presentation
from the ICPD on January 9, 2001, on the issue of
INTERNAL AFFAIRS and DISCIPLINE. A possible subject
for the February meeting is GOALS & OBJECTIVES of the
ICPD. A selection of further topics will be discussed at
the next meeting.
COMMUNITY
FORUM Watson stated that the March forum should have a theme
and be a learning experience to the community. Various
themes were discussed, including the role of police in
crime prevention and community policing. Captain
Widmer suggested that the Board speak with the Chief on
what he's doing and what his philosophy is with
community policing. Watson appointed a subcommittee,
Cohen (Chair) and Hoffey, to meet with the Chief and
bring back to the next Board meeting the ideas from that
meeting. Bauer was directed to work on the location and
dates for the forum, some time after spring break (March
18).
Discriminatory enforcement will be a theme for a future
forum.
MEETING The draft of the letter to City Council Members regarding
a joint meeting was approved and staff was directed to
send it to the Mayor during the first week of January.
NEW BUSINESS None
OLD BUSINESS
PCRB Goals - Chair Watson distributed the updated
PCRB Goals for 200-2001. Following discussion,
Motion by Horton and seconded by Stratton to accept
the document, as amended, as a working paper for
the Board. Motion carried, 5/0, all members present.
· By-Law Change - Following discussion, Motion by
Cohen and seconded by Horton, to change Article V,
Section 1, Regular Meetings: First sentence be
changed to read: The Board's regular meeting will be
held the second Tuesday of each month. Motion
carried, 5/0, all members present.
· PCRB Videotape - The list of possible interviewees for
the videotape was discussed. Marian Karr also
2
provided a list of the people who had comments on
the proposed ordinance. The Board made no further
additions to the list already forwarded to Bob Hardy.
PUBLIC DISCUSSION None
MEETING SCHEDULE
· Regular Meeting January 9, 2001 (Hoffey absent)
· Regular Meeting February 13, 2001 (Horton
absent)
· Regular Meeting March 13, 2001 (Cohen and
Horton absent)
BOARD
INFORMATION Watson - reported conversations with Ernest Lehman
and Dee Vanderhoef in which the subject of the Board
continuation came up. Watson also reported that
Douglas Russell, past PCRB legal counsel, made a
presentation on Winston Churchill to the Rotary Club;
Russell extended his greetings to board members.
STAFF INFORMATION None
ADJOURNMENT Motion for adjournment by Hoffey and seconded by
Cohen. Motion carried, 5/0, all members present.
Meeting adjourned at 8:45 P.M.
3
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, SEPTEMBER 25, 2000 - 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 Matthews, Bob Hardy, IyIike Brau
OTHERS PRESENT: Rick Karnes, Mary Jo Langhorne, Jon Koebrick, Lanae Juffer,
Scott Feine, Beth Fisher, Jason Livingston, Rene Paine, Phil Phillips
RECOMMENDATIONS TO COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Koebrick reported that AT&T has corrected the problem with the 1 cent sales tax identified as a city
sales tax on @Home bills. Fisher reported that in the 21 working days in September the library had 17
live shoots and 2 series shoots. PATV has initiated a Community Archive Project in which community
events are taped and archived in a digital format. It is hoped that underwriters can be found to help
fund the project. Hardy reported that there has been an increase in the amount of programming
produced by the Media Unit due in part to increased election activity. The City Channel will again
provide live election coverage this November. It will be a fairly large production with two
commentators and interviews with local candidates. Smith said that the consolidated local access
programming report is intended to present information in a more meaningful way than the reports
previously provided by each of the access channels. The graphs also provide a way to receive and
monitor PATV's community programming reports required in their contract and provide the
information needed for the management oversight function of the Commission. Smith noted that
PATV did not provide information for the report. In regards to efforts to get the local access channels'
listings on the digital tier on-screen program guide Pusack said that what needs to be decided is if
getting the local access channels' program listings included is worth $1 per subscriber per year, and if
the access channels wish to be included. Shaffer said there may be problems with the ability of the
access channels to project their program listings far enough in advance to have them listed. Hoch said
that $5,000 is not a lot of money for the benefit received. Historically, the access channels have had
difficulty in making program schedules available to the public. Pusack said that digital tier subscribers
are very much more likely to use the digital program guide than any other method. Pusack said that to
the extent the access channels do have block scheduling and could provide information, they should do
so. If information for some programs is unavailable, that's o.k. McKray said that all methods of
getting program listings out to the public needs to be reviewed including the cost involved with each
method.
APPROVAL OF MINUTES
Weingeist moved and Pusack seconded a motion to approve the corrected September 25, 2000
minutes. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
SUBSCRIBER ISSUES
Shaffer reported receiving 56 complaints over the past 2 months- I about a problem with the digital
tier, 3 about an outage, 8 about billing problems, 2 about a I cent City sales tax on the @Home bills, 1
about a signal problem with the government and library channels, 3 about @Home not working, 5
about an @Home outage, 1 about @Home billing problems, 1 about not being able to get a hold of
@Home staff, 1 about the inaccessibility Of the @Home billing department, 1 about @Home service
problems, 3 about having trouble canceling the @Home service, 2 about @Home installation
problems, 2 about channel 20 reception problems, I about channel 3 pre-empting programming for
infomercials, 6 about pornography on channel 98, 2 about cable TV hook-ups taking over 7 days,
1 about the company taking over 4 weeks to refund cable TV money, 4 about wires and boxes not being
buried, 1 about having wires moved, 1 about calling the company and being transferred and placed on
hold for a very long time, 1 about cable TV rates, 4 about getting cable service to Old Capital Mall,
and 1 about Drew Shaffer destroying civilization as we know it.
Shaffer said that some of the increase in complaints can be attributed to scheduled maintenance for
@Home resulting in other problems, including a long-term outage. Jon Koebrick said some of the
complaints can be traced to the increase in service calls and the strain put on company staff during the
period in which students are moving in and out of new apartments. ShatTer said he forwards all the
complaints he receives to the local AT&T manager and chief engineer. They have been responsive and
keep Shaffer informed of their progress.
AT&T REPORT
Koebrick reported that the problem with the 1 cent sales tax identified as a city sales tax on @Home
bills has been corrected. Franchise fees are now added to the service costs for the purpose of
calculating sales tax. Koebrick said the state informed him that franchise fees are subject to sales tax.
In fact, AT&T should have been collecting $0.10 in taxes, not $0.01'. Koebrick reported that the
equipment needed for local calls to activate the Emergency Alert System (EAS) has been installed.
Juffer assured the Commission that the problems leading to pornography being shown briefly on
channel 98 have been corrected and such a situation will not occur again. Pusack noted that the
upgrade to the on-air digital tier program guide permits titles of adult programming to be blocked out.
SENIOR CENTER REPORT
No representative was present.
LIBRARY REPORT
Fisher reported that in the 21 working days in September the library had 17 live shoots and 2 series
shoots. A new 10-part series entitled "Women and Money" began September 20. The presentation
portion of the program is carried live on the library channel. The week of September 25th iS Banned
Book Week and the start of the library's Intellectual Freedom Festival, which includes a number of
events. Project Green will be presenting a four part series of programs entitled the Second Sunday
Garden Series. The library will be hosting a 7th grade sleep-over Oct. 28 The library channel has
upgraded their character generator to the SCALA system.
ECC REPORT
Langhorne reported that the parent orientation program presented by West High principal Jerry
Argenbright was replayed on the education channel in late August. The District Parents Organization
Meet the Candidate Night was cablecast in early September. The school board election results were
carried live. The Legislative Forum on Education will be cablecast live this evening. PATV has
offered to tape, edit and cablecast some of the school system's events and to edit tapes the schools
produce themselves for cablecast. Paine will be meeting with the school district media personnel to
further discuss the opportunity.
PATV REPORT
Paine reported work has begun on a year-long project in conjunction with the Women Resource Action
Center's Iowa Women Initiating Social Change Workshop. The project is being funded by a $10,000
grant from the MacArthur Foundation. PATV is waiting to hear if they will be awarded a grant in
conjunction with the United Action for Youth from the Iowa Women' s Foundation. Three new
University of Iowa interns are working with PATV fo{ the semester. PATV will hold a Silent Art
Auction October 28th from 10-4 at the First United Church. A fund-raiser was recently held at the
Community Theater. The Community Theater presented a benefit production of "Wait Until Dark".
PATV has initiated a Community Archive Project in which community events are taped and archived
in a digital format. It is hoped that underwriters can be found to help fund the project. Events with the
Iowa City Community School District and Regina are planned to be included in the project. PATV is
working on a grant with the State Historical Society for equipment needed to archive the programs. A
digital camera is now available for check-out and digital editing equipment is available. Workshops on
the digital equipment will first be offered in November. Reports from those attending the National
Alliance for Community Media (ACM) conference were distributed. Paine complimented Mark
Mueller of AT&T for his assistance in making technical adjustments. Hoch asked if there are any
plans for the access channels to stream video over the web and noted that this would be a benefit to the
community. Hardy said the City Channel plans to stream video by the middle of next year. Streaming
video live takes a higher technical capacity and more money than video available for download. A
video-on-demand (VOD) system will be the foundation upon which the streamed video will be built.
The City will likely start streaming audio live before moving into live video. Paine reported that
PATV streamed the key-note address of the regional ACM conference and their telethon.
MCLEOD REPORT
No representative was present.
LEGAL REPORT
Matthews had nothing new to report.
CITY CABLE TV REPORT
Hardy reported that there has been an increase in the amount of programming produced by the Media
Unit due, in part, to increased election activity. The City Channel will again provide live election
coverage this November. It will be a fairy large production with two commentators and interviews
with local candidates. Requests for long-term project videos are up. The Community Television
Service has been particularly busy the past month. The Friday Night Concert Series and Saturday Jazz
Concerts season has ended. Many compliments were received about the improved production values
of the concerts.
Shaffer reported that the name of the government access channel was officially changed to the City
Channel by the City Council. Discussions continue with AT&T regarding getting service to the Old
Capital Mall. Shaffer said that if servic~ is provided, the cost will absorbed by all subscribers as
service is required by the franchise agreement. The exact cost is unknown, but could be about
$80,000. Smith asked if any joint use of existing facilities has been explored. Karnes said if open
conduit was available AT&T would look into using it. AT&T has not done a walk-out of the project.
LOCAL ACCESS CHANNEL PROGRAM REPORTING
Smith said that there are two things driving the reports. The monthly reports from each of the access
channels were difficult to interpret. The consolidated graphic display was intended to present in a
more meaningful way the reports previously provided by each of the access channels. The graphs also
provide a way to receive and monitor PATV' s community programming reports required in their
contract. The report also provides the information for the management oversight function of the
Commission. Smith noted that PATV did not provide information for the report. The process for
developing the reports should be efficient and not place a huge burden on the access channels. The
internal/external category shows how many programs were created locally and how many were
produced elsewhere and shipped to Iowa City for playback.
Paine said there is a difference in the reporting they provide for the local access channel programming
reports and the reporting required by the terms of their contract. PATV was delinquent in providing
reports because they are waiting for a database software upgrade. Hoch asked if providing the
Commission the reports was a problem for PATV. Paine said that it is not, but generating the
information is time consuming at this point. The local access channel programming report seems to be
useful to the Commission in a different way than the reports required by the contract. Paine asked if
the Commission wishes PATV to generate both sets of statistics. Paine said it would be nice to know
how the compilation of the statistical information relates to what PATV is doing. What does it mean if
PATV exceeds certain requirements? What is PATV's incentive for compiling the statistics? Hoch
said that the contract requires the reporting of certain statistics. This must be done. Submission of
data for the local access channel programming report is optional.
Shaffer said the local access channel programming reports originated from a request from the
Commission to consolidate and make it easier to interpret each of the written reports each of the access
channels had been providing. Smith volunteered to assist with the development of that report. Smith
said that the report also included a community programming category so that the Commission could
monitor the one third community programming requirement of PATV. Smith noted~ that the contract
requires monthly reporting of community programming, not quarterly, as was provided by PATV.
Paine said that PATV would like to provide a single report that meets the terms of the contract and
provides the types of information contained in the local access channel programming report.
Shaffer noted the list of community programming programs and the other PATV programs included in
the packet. Shaffer has not had an opportunity to discuss with PATV their lists, their criteria and
thought process regarding what is considered community programming and what is not. PATV's
community programming list was taken at face value. Feine said any program made for a non-profit
organization or free public events were considered community programming. Hoch suggested letting
the staff and PATV work out details prior to the ICTC's further discussion of this matter.
LOCAL ACCESS CHANNEL LISTINGS ON THE DIGITAL TIER
Hoch asked if there was a reason the City Cable TV Office could not pick up the cost of placing the
local access channel listings on the digital tier on-screen program guide. Shaffer said budgeting is
done a year in advance. The budget currently being developed will become effective next July.
Pusack said that what needs to be decided is if getting the local access channels' program listings
included is worth $1 per subscriber per year, and if the access channels wish to be included. Shaffer
said there may be problems with the ability of the access channels to project their program listings far
enough in advance to have them listed. Fisher said it is not feasible to make program listings available
a month and a half in advance. The library does not know what programs will be taped a month and a
half in advance. Library Director Susan Craig indicated to Fisher that inclusion would be too labor
intensive for so few subscribers. Hoch noted that the digital tier is about 27% of all subscribers. Feine
said that one aspect of public access is that a producer can make a program that can be cablecast in one
to two weeks. It would be frustrating for new producers to go through the workshops, make a
program, and then not be able to have it cablecast for six weeks. Paine said that if PATV starts to do
school events that viewers will want to see them in a timely fashion. Pusack asked if the channels
could program in blocks so some form of information might be listed. Some program information is
known well in advance. Hardy said some programs could be listed, but others would not have enough
lead time. The City Channel is looking to go to block scheduling in the future. Hardy and Fisher said
that the service, TV Data, has a fairly high error rate. Hoch said that $5,000 is not a lot of money for
the benefit received. Historically, the access channels have had difficulty in making program
schedules available to the public. This would help in that effort. If the library doesn't want to
participate, that's fine. Money should be located in the budget and the service acquired. Pusack said
that any content in the listings would be a benefit. Hardy said that any program listing outlet is good,
however, there are additional costs in staff-time. Hoch said all the access channels need to become
more subscriber-friendly. Program listings need to be made available in many formats. Pusack said
that digital tier subscribers are very much more likely to use the digital program guide than any other
method. Pusack said that to the extent the access channels do have block scheduling and could provide
information, they should do so. If information for some programs is unavailable, that's o.k. McKray
said that all methods of getting program listings out to the public needs to be reviewed including the
cost involved with each method. In thinking about a total outreach program to make program listings
and program descriptions available, Pusack said it is instructive to think in terms of what could be
provided for a dollar per subscriber. Koebrick said that there is a benefit to block programming in
building awareness of programming and audiences. If subscribers know a certain program or type of
program will be on a given time, just like broadcasters, those programs will attract more viewers.
Programs of greater significance, which are often known further in advance and could be included in
the digital listings, will also attract viewers for other programs on that channel. $5,~900 is~not a lot of
money to be spending for this type of outreach.
LOW POWER FM RADIO
Hoch moved and Weingeist seconded a motion to defer this item. The motion passed unanimously.
ADJOURNMENT
Hoch moved and Weingeist seconded a motion to adjourn. The motion passed unanimously.
Adjournment was a 7:10 p.m.
Cable TV Administrator
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, OCTOBER 23, 2000 - 5:30 PM
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Betty McKray, Jim Pusack, Terry Smith,
MEMBERS ABSENT: Steve Hoch, Cathy Weingeist
STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy, Mike Brau
OTHERS PRESENT: Rick Karnes, Lanae Juffer, Jason Livingston, Rene Paine
RECOMMENDATIONS TO COUNCIL
None at this time.
SLIMMARY OF DISCUSSION
Juffer reported that AT&T increased the number of subscribers by over 1000 in the third quarter.
Beginning November I the packaging of the basic and expanded basic tiers will be combined into
"standard cable". The basic tier will continue to be offered separately, but bills will combine the two
with a parenthetical note that it combines the two tiers. Paine reported that over 50 local artists have
donated work for PATV's art auction fundraiser to be held Saturday Oct. 28 from 10 a.m.-4 p.m. at the
United Methodist Church. PATV will hold their annual membership meeting November 15 at 6:30 at
Meeting Room A of the public library. A board member will be elected, videos shown, and awards
presented. Hardy reported that over the past month 70% of all programs on the City Channel were
community-related. 21 nonprofit organizations worked with the City Channel in the last month.
Shaffer reported on some ideas for outreach in addition to purchasing the digital tier program listing
service. Shaffer said he knows of no other way to reach as many subscribers for the money than the
digital tier program listings. Smith and Pusack said, and the Commission reached consensus that the
1/3 community programming requirement in PATV's contract should be judged by the total cablecast
time, not the total number of programs. The Commission agreed that the viewing area should be
considered the community for community programming purposes. The Commission also agreed that
Access Update and the telethon would qualify as community programming but Open Channel would
not. In regard to the new space for the City Cable TV Office, Helling said there are several sources of
funding for the facility. There is $200,000 received in a legal settlement and about $150,000 in equity
in the current space, which will be sold back to the City. The pass-through fund has been setting aside
$25,000 a year for a facility and will have about $125,000 in February. In addition, about $50,000 has
accrued in interest from the $200,000 settlement. The cable TV fund balance will make up the rest,
even though it will probably be be drawn down more than desired. The total cost is estimated to be
about $675,000, including $425,000 for the shell and $250,000 for finishing costs. This would seem
to be a reasonable use of funds given it is an equity investment, which is what was always discussed,
especially in terms of the pass-through fund. The value of the property should appreciate over time.
The Commission reached consensus to encourage the City Cable TV Office to pursue the low power
FM radio license.
APPROVAL OF MINUTES
Smith moved and Pusack seconded a motion to approve the corrected September 25, 2000 minutes.
The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
SUBSCRIBER ISSUES
Shaffer reported receiving 21 complaints-10 about @Home cable modem outages, 3 about @Home
billing problems, including being unable to contact @Home representatives. A letter was sent by
AT&T to 6 of the complainants explaining the nature of the problem and making thern aware of an
offer from AT&T to provide a month of free service. Five complaints dealt with bad cable TV
reception, 2 about cable TV billing problems, and 1 about poor signal quality on the access channels.
Karnes said the problem with the access channel signal has been corrected. Shaffer said he forwards
the complaints to AT&T by email and AT&T emails back what action they are taking. The
Commission is informed of on-going unresolved problems. Karnes explained that there has been a
number of problems with the @Home service. A new router will be installed that should solve some
of those problems.
AT&T REPORT
Juffer distributed a handout showing the 3rd quarter franchise fees paid, pass-through fees collected,
and the growth in pay units, @Home subscribers, and digital tier subscriptions. Subscribers increased
by over 1000. Beginning November 1 the packaging of the basic and expanded basic tiers will be
combined into "standard cable". The basic tier will continue to be offered separately, but bills will
combine the two with a parenthetical note that it combines the two tiers.
SENIOR CENTER REPORT
Livingston reported the Senior Center is working on a series of promos designed to attract additional
volunteers for Senior Center TV and to promote the activities of the Senior Center. SCTV will hold an
open house in their new facilities this fall. SCTV has begun planning discussions for upgrading to
digital equipment and methods to archive programs now on videotape.
LIBRARY REPORT
No representative was present.
ECCREPORT
No representative was present.
PATV REPORT
Paine reported the new software update to track programming has been installed. Paine distributed
PATV's latest newsletter and handbills promoting their upcoming silent art auction. The University of
Iowa homecoming parade and the City High parade were taped and will be included in the Community
Archives Project (CAP). The Green Fair at Regina and the Women's' Music Festival will also be
taped for the CAP. Over 50 local artists have donated work for PATV's art auction fundraiser to be
held Saturday Oct. 28 from t0 a.m.-4 p.m. at the United Methodist Church. A drag show fundraiser
will be held November 2 at the Green Room. Special workshops will be held for the. Neighborhood
Centers and City High students. PATV will hold their annual membership meeting November 15 at
6:30 at Meeting Room A of the public library. A board member will be elected, videos shown, and
awards presented. Paine reported that she met with the Iowa City Community School District media
specialists and offered the schools the opportunity for PATV to do post production on tapes shot by
students to prepare them for cablcast. In addition, tips on how to impove production values were
provided and a form soliciting input on the best school events for PATV to tape and cablecast. Paine
said there appears to be some movement in the school system for greater use of local access television.
MCLEOD REPORT
No representative was present.
LEGALREPORT
No representative was present.
CITY CABLE TV REPORT
Hardy reported that InfoVision is now promoting the video programs of the Media Unit and additional
means of providing information about video programs with InfoVision are being explored. Both the
Media Unit and the Community Television Service have been quite busy with programs related to the
election. Over the past month 70% of all programs on channel 4 were community-related 21
nonprofit organizations worked with City Channel in the last month.
Shaffer reported he recently met with Old Capital Mall representatives and AT&T officials to
facilitate getting cable TV service to the Old Capital Mall. If Old Capital Mall pays for the needed
interior wiring, the Mall will be wired. Helling said that the cost of wiring might be borne by all cable
subscribers through an increase in the maximum permitted rate on the basic tier rate regulation forms.
In one way of thinking this is no different than the higher costs of providing service to a sparsely
populated area being off-set by savings in dense areas. Pusack said that the cost is a result of poor
planning on the company's part. Shaffer is working with AT&T and emergency officials on the
details of how the new emergency alert system (EAS) will be activated. The Cable TV Division
budget will be finished in the next two months and will be forwarded to the Commission. The
Triennial Review and by-law changes will also need to be added to future agendas.
LOCAL ACCESS CHANNEL LISTINGS ON THE DIGITAL TIER
Shaffer reported on some ideas for outreach in addition to purchasing the digital tier program listing
service. The franchise agreement has a stipulation that the City may include billing stuffers in AT&T
bills and include information about the access channels in subscriber information booklets that are
provided when service is first ordered. Another option, which has been used in the past, is to produce
promos for the access channels to be cablecast on the more heavily watched satellite channels such as
ESPN or CNN. Paine said they have provided two or three promos to AT&T for cablecast. McKray
said the Community Television Group should make sure the billing stuffer is utilized once a year.
Shaffer said the recently completed local access channel survey could be provided to all of the print
media in the area to demonstrate the importance of the access cxhannels to the community and
encourage them to include their program listings in their publications. In turn, the access channels
could provide some sort of underwriting credit on their channels. Pusack suggested that a series of
articles on the access channels or channel reviews might also be provided by the print media. Shaffer
said that the charge for including the access channels in the digital tier program guide is relatively cost
effective compared to newspaper adds, mailings and printing costs. Some of the access channels will
have some problems with the ability to predict programming far enough in advance. The City Channel
would not have as much difficulty as PATV, for example. Shaffer said that it might be best to leave
the decision to using the service to each of the access channels. Pusack said that the cost-benefit
analysis used in deterruing whether to purchase the service might consider the value of the additional
amount of information that could be provided if block programming is utilized in addition to listing
what programs were known in sufficient time to be included in the listings. There might be a price
break if only the block programming information, which does not change for a long period of time,
was provided. A pilot project by one or more of the channels to see if and how it works may be an
option. Shaffer said he knows of no other way to reach as many subscribers for the money than the
digital tier program listings.
PATV CONTRACT PROGRAM REPORTING
Paine distributed a list of community programming programs cablecast, their run time, and a list of
public access programs cablecast in the last month by PATV as required by their contract. Shaffer
referred to the memo in the meeting packet that outlined the areas needing clarification regarding
PATV's program reporting requirements. Smith and Pusack said, and the Commission reached
consensus that the 1/3 community programming requirement should be judged by the total cablecast
time, not the total number of programs. In regards to defining the boundaries of what is considered the
community for community programming purposes, Smith said that the community should be those
who can receive the programming. Paine suggested that the criteria for community should be limited
to Iowa City and Coralvi!le, as they are the only communities that can view the programs. A program
produced in and about Lone Tree, while still in the region, would not be counted in the community
programming statistics. The Commission agreed that the viewing area should be considered the
community for community programming. In regard to programs produced by PATV about PATV and
their activities and their inclusion in community programming statistics, Paine said that PATV is a
nonprofit organization and that providing information about PATV should be included in the
community programming totals. Programs such as Open Channel, while provided by PATV, should
not as each participant should be considered the producer for the segment they are in. The content of
the program is not about PATV and its activities. PATV's recent telethon contained segments, such
as performances that could be considered community programming. The telethon is an unusual
situation and likely will not be a factor in the future. Smith said he agrees with Paine's perspective.
The Commission agreed that Access Update and the telethon would qualify as commui~ity
programming but Open Channel would not.
NEW CABLE DIVISION SPACE
Shaffer referred to the memo included in the meeting packet and said that there is value for the Cable
TV Office to be located close to the Civic Center. This is a difficult factor to attach a dollar figure.
Pusack asked what value is gained by being close to the Civic Center and what are the costs for
facilities in locations further away. Shaffer said that the City is the cable division' s primary client and
city staff are the people that the cable division needs to work with on a consistent, day-to-day basis. In
addition, the community members make up a large constituency and most of them are in the downtown
area. Helling said the City has a desire to have as many City facilities as close together as possible.
Shaffer said that the cost of the new facility is about $175 per square foot. Purchasing the Ambrisco
Insurance building was considered for purchase at one time. The cost for it was about $525,000 and it
was too small and was going to have to be enlarged. Shaffer said there would also have been a
substantial cost, about $15,000 per mile, to connect to the cable plant from that location. The
downtown location benefits from being in close proximity to the existing cable. Helling said there are
several sources of funding for the facility. There is $200,000 received in a legal settlement and about
$150,000 in equity in the current space, which will be sold back to the City. The pass-through fund
has been setting aside $25,000 a year for a facility and will have about $125,000 in February. In
addition, about $50,000 has accrued in interest from the $200,000 settlement. The cable TV fund
balance will make up the difference, even though it will probably be drawn down more than desired.
The total cost is estimated to be about $675,000, including $425,000 for the shell and $250,000 for
finishing costs. This would seem to be a reasonable use of funds given it is an equity investment,
which is what was always discussed, especially in terms of the pass-through fund. The value of the
property should appreciate over time. McKray said she liked the joint facility concept and it is
unfortunate that it will not work out at this time. Smith said he has a concern that the pass-through
funds dedicated to a new facility had been said to be for PATV as well and there may be a perception
that the City is taking all the funds. Helling said that PATV is not involved in the space, but the new
space does accommodate 3 of the 4 players-the City Channel, the Community Television Service and
by virtue of the proximity to the Senior Center, Senior Center TV. What is being proposed is to use
the funds that have accumulated so far. $25,000 per year will continue to be set aside for each of the
next five years. McKray said she had no problem with the arrangement given that PATV and the other
access channels have an opportunity to share in those funds in the future.
LOW POWER FM RADIO
Shaffer said that the City's proposed low power FM radio channel would enhance the City's public
information program. Many of the programs now being cablecast on cable TV would also be
broadcast over radio. The station would reach nearly all of Iowa City. The City would also like to
play some of the programs from the other access channels. The filing window for the license
application is in February 2001 and broadcast must begin within the following 18 months. There is an
effort by the National Association of Broadcasters to enact legislation to prohibit the Federal
Communications Commission from issuing these licenses. The equipment needed to initiate
broadcasting costs around $8,000. The Commission reached consensus to encourage the City Cable
TV Office to pursue the low power FM radio license.
ADJOURNMENT
Smith moved and Pusack seconded a motion to adjourn. The motion passed unanimously.
Adjournment was a 7:45 p.m.
Respectfully submitted,
PLANNING AND ZONING COMMISSION
DECEMBER 21, 2000 - 7:30 P.M. ~Subject t0
CIVIC CENTER COUNCIL CHAMBERS ' -._ '
MEMBERS PRESENT: Ann Bovbjerg, Pare Ehrhardt. Jerry Hansen, Marilyn Schintler,
Dean Shannon, Benjamin Chait, Norm Osland
MEMBERS ABSENT: None
STAFF PRESENT: Mitch Behr, Bob Miklo, Scott Kugler
OTHERS PRESENT: Terry Stamper, Irvin Pfab, Greg Geerdes
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 7-0, REZ00-00022, a request for a revised preliminary
sensitive areas development plan for the Peninsula Neighborhood, a residential development
containing up to 410 dwelling units on an 82.1 acre parcel located at the west end of Foster
Road, with the incorporation of the variations listed, subject to administrative approval of the
final text of the Peninsula Neighborhood Code prior to the approval of the final sensitive areas
site plan for the first phase of the development and approval of SUB00-00026, a request for a
preliminary plat of the Peninsula Neighborhood, an 82.1 acre, 209-1ot residential subdivision
with 16 outlots located at the west end of Foster Road, subject to the approval of a grading plan
prior to City Council consideration of the plat.
Recommended approval, by a vote of 7-0, that City Code Section 14-6N-1, the Off-Street
Parking Requirements, be amended as follows: 14-6N-1J(1i): Single-family dwellings, duplexes,
and townhouses where permitted: One (1) off-street parking space for units with one bedroom
and 1,000 square feet or less of floor area, two (2) parking spaces for each dwelling unit over
1,000 square feet of floor area or with two or more bedrooms.
CALL TO ORDER:
Chairperson Bovbjerg called the meeting to order at 7:40 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ZONING/DEVELOPMENT ITEMS:
REZ00-00022/SUB00-00026. Discussion of a revised Sensitive Areas Development Plan and
preliminary plat for the Peninsula Neighborhood, an 82.1 acre, 210-lot residential development
containing approximately 400 dwelling units on property located at the west end of Foster Road.
Kugler said this was on the December 7, 2000 agenda and the full staff report was read at that
time. At that time staff reported there were some technical deficiencies that needed to be
worked out with the plat and plan. He said since then they have worked with the applicant and
City departments to revise the Sensitive Areas Development Plan and it appears all technical
deficiencies have been addressed. He said both the plan and the plat are ready for approval. He
said the grading plan is under review and needs to be approved before Council consideration
and he recommended that as a condition before approving the preliminary plat. He said the
Peninsula Neighborhood Code, which will be a component of the Sensitive Areas Development
Plan, has received much review and all substantive issues have been resolved at this point. He
said it is likely there will be some text changes between now and approval of the final Sensitive
Areas Development Plan. He said staff is recommending approval of that plan be granted
subject to approval of the final text contained in the Peninsula Neighborhood Code prior to
Planning and Zoning Commission Minutes
December 21, 2000
Page 2
approval of the first phase of the final Sensitive Areas Development Plan. He said the way the
Sensitive Areas Development Plan approval process works is that this is a preliminary plan
being reviewed now and that goes through the Planning and Zoning Commission and City
Council for approval and then with each phase the applicant will have a final plan which shows
exactly their building types, back lines, lot lines, etc.
He said he has provided a list of zoning variations. Most have been seen before in the
December 7, 2000 staff report. He said there are a few additional items such as modification to
the front setback lines for fences. He said staff feels they now have a complete list of the
variations that will be needed to allow this development to occur.
Ehrhardt asked if accessory units were included in the 400 units.
Kugler said no they are not and that was written in the developer's agreement. He said the idea
of accessory units is something that came Out of the Dover Kohl plan and the developer is
carrying into this plan.
Ehrhardt said it could be an additional 200 units.
Kugler said not that many because there are a number of apartments figured into the 400 units.
He said he thought at most it would be 100 because not every lot will have one.
Ehrhardt asked if the live/work units could have an accessory unit.
Kugler said it would be permitted but that the lots may be too narrow to allow an accessory unit
in the back.
Ehrhardt asked about the live/work units and the residence on the second floor.
Kugler said the live/work units are the only ones that don't have an owner occupied restriction
for a home occupation.
Ehrhardt said the wording still says the City will establish and empower the architectural review
board.
Kugler said that was edited out of the final copy.
Shannon asked if the live/work area could end up being a little business district.
Kugler said irs a series of row houses and the first floor could be for commercial uses but may
be residential so there will be a mix.
Bovbjerg said the question is whether these would be offices or stores.
Kugler said it could be either.
Public discussion:
Terry Stamper. 1712 Lewis Place, Iowa City, addressed an earlier question about the trees. He
said they are spaced at 25 feet. He said irs at the end of the block that they spread out for
aesthetic effect. He said the issue of measuring the caliper at chest height came from a
planning commission member in Kentucky who worked in landscaping for a long time and his
purpose was to get a bigger caliper tree. He said they know from the City Forester that the best
choice is a 2" caliper tree because that's the best chance to get something to grow quickly. He
Planning and Zoning Commission Minutes
December 21,2000
Page 3
said at the entrance they would use a little bigger caliper tree in order to establish the tree
canopy eady for marketing purposes.
He said with the live/work units, parking is in the unit; there is no garage so there is no place for
an accessory unit. He said there probably wouldn't be more than 100 accessory units. He said
the idea of having them is good because it offers another kind of residence at a very low price.
He said the live/work unit is a new model of an old prototype. There will be four different kinds
with street level accessible from the street. The first floor will be from 350 to 850 square feet.
That space can be used any way. It could be a private office, an office open to the public, rented
out as a coffee shop or rented out as living space.
Schintler asked Stamper if he would explain concerns addressed by the fire department.
Stamper said there were concerns about access to Moses Bloom. It had been designed as an
18-foot street with parking on one side. The Fire Marshall was concerned about accessing that
block so it has been expanded to 20 feet. A portion of the center block has been designated as
no parking so they can access equipment easily. All of the buildings on Emmet Harvard Square
will be sprinkled which satisfied the Fire Marshall. The bungalow units are unique but within
code and accessible. Stamper said all issues have been resolved with the Fire Marshall.
Ehrhardt asked how the affordability would be maintained of the 10% set aside for affordable
housing.
Stamper said that will be up to the Housing Authority; he is only providing the lots at a discount.
Bovbjerg said many calls in the County that the Fire Department responds to are medical
emergencies where you have police, ambulance and a fire truck. She asked if the modifications
would allow a fire truck to get close for a medical emergency.
Stareper said you can't get a unit to every front door but that is the case in many places in the
city. He said you can serve all the units well within the fire code requirement and within safety
requirements.
Greq Geerdes, said he is representing the Elks Club. He said the Elks Club is there to address
the issue of safety because they feel that is the one component that hasn't been addressed in
relationship to the compatibility of their golf course with this development. He asked staff to
point to the street known as Willenbrok Circle that runs parallel with and along hole number 3.
He explained where the green is and the slope of the hole towards the river. He said if you are a
golfer you know that causes you to slice to the right. He said the problem is there is a public
street, which will have traffic and bicycles and a sidewalk that will have pedestrians. He pointed
to Lot 5, which is designated to have an apartment building on it which would mean parking in
the rear which indicates to them a conflict between flying golf balls and parked vehicles.
He said the distance from the center of the fairway to the property line is 75 feet. (Editor's Note:
The approximate distance is 150 feet). He said if you are a golfer; that is not very much. He said
there would not be golf balls hit out there on a monthly basis; there would be golf balls hit out
there on a daily basis. He said it's only a matter of time before there are injuries and property
damage. He said they are not saying shut down the project. He said they feel there are simple
modifications that could minimize this. He said if you relocated Willenbrok Circle to run along the
north side of that tier of lots, it would separate traffic from golf balls. He said they could
encourage single-family homes with larger back lots along that tier instead of more dense
housing it would minimize the consequences. He said Brown Deer in Coralville was designed to
r.
Planning and Zoning Commission Minutes
December 21, 2000
Page 4
be compatible with the housing development and they have taken measures for that and they
still have problems with stray golf balls.
He said they met with City staff the day before to tentatively raise some of these issues and he
prepared a summary of the Elks' concerns. He presented this to the Commission.
Bovbjerg asked Behr to clarify that a formal protest would be considered by the Commission but
that it does not force a super majority.
Behr said that is correct. He said at this point it is public input, He said a super majority can be
forced at the Council level if owners of 20% of the properties within 200 feet of the rezoning sign
a protest petition. He said at this point it is not certain if those circumstances exist,
Hansen asked what triggered this at this time.
Geerdes said those golf holes are new. He said it became clear last summer there is a serious
problem. He said pedestrian traffic has increased with the extension of Foster Road. They feel
now is the time to address those. He said some measures could be taken such as fencing,
landscaping, trees, etc. to provide some Sort of separation.
Schintler asked who is legally responsible if a stray ball causes injury or damage.
Geerdes said there is not an easy answer to that. He said it could be the City for a plan like this;
it could be the golf course for designing the course like this; it could be the golfer; it could be no
one is responsible except the person who was injured,
Schintler said she played the golf course this fall and 2 of 4 in her party sliced into where the
street will be.
Geerdes said it will happen with alarming frequency.
Kugler said staff and the Mayor had a meeting with Geerdes and some members of the Elks.
After that meeting they feel there are some solutions to help minimize that risk but at the same
time the golf course is set up so golf balls can fly onto adjacent property that the golf course
doesn't have rights to use. He said staff is looking at some possible solutions. It depends on
each party's willingness to cooperate in finding solutions but the City does intend to work with
the Elks Club. He said they are at the point now since this plan has taken this form for two
years; the City has made substantial investments to help make this happen, the developer has
made substantial investments to get to this point. He said they are at the point where they really
can't amend this plan without major implications but they did express willingness to work with
the Elks.
Ehrhardt asked if the hole could be moved.
Geerdes said there's not enough room to move the green.
Ehrhardt asked if the 75 feet is narrow for golf.
Geerdes said extraordinarily narrow and the complicating factor is the slope of the ground. He
said you compensate by playing to the right.
Ehrhardt asked if this was the property that the Elks traded with the City for.
Miklo said the City retains ownership and the Elks Club leases the land.
Planning and Zoning Commission Minutes
December 21,2000
Page 5
Osland asked where the tee box is on hole 3, where the green is and what the yardage is on the
hole.
Geerdes said 465 yards.
Osland said anyone with a decent drive is going to have altitude and there's nothing that could
be planted that could keep those from going right.
Geerdes said thars what motivated their suggestion to move the street so there would be more
margin for error.
Osland said the 50% of golfers are going to slice and that it is a real problem. He said he
supports any solution that keeps the project going but if they're planning to build a berm, there's
not going to be enough to protect that.
Shannon asked if Geerdes came away from the meeting with City staff with anything he thought
were possible solutions.
Geerdes said he felt like no commitments on either side had been made but that both sides
were cautiously optimistic.
Hansen asked if you could put some sod of a barrier close to the teebox to catch those balls
before they slice right.
Geerdes said when you slice you usually start out straight then go right.
Bovbjerg said she is pleased there has been a meeting.
Geerdes said he hopes discussions continue. He said what makes sense to them is that final
approval be deferred until this matter can be resolved. He said he doesn't know what the City's
timetable is but he would assume it is faster rather than slower.
Miklo said that in the meeting the mayor's position was that the City would make a commitment
to work cooperatively with the Elks Club to solve the problem. He did not see revising the plan
itself.
Bovbjerg said as Geerdes said if people wish to defer this that is an option when it comes to
motion.
Geerdes said this is a strange situation where the City is acting as a promoter an~d codeveloper
when usually their role is acting as a regulator. He said the Commission members are the only
truly independent watchdogs on this project. He said that is why he advises them to approach
this cautiously. If the Commission defers, then in two weeks if things are hashed out, they've
lost 2 weeks in a five-year process. He said speed at the expense of safety is never a good
trade-off.
Ehrhardt said if one of the solutions is to reconfigure some of that area.
Kugler said which, the development or the golf course.
Ehrhardt said the development.
Planning and Zoning Commission Minutes
December 21, 2000
Page 6
Kugler said he does not see that happening. They do not intend to redesign the development.
He said it is a unique situation regardless of whether the City is involved or if the developer had
brought this in privately; a developer is being asked to revise their plans because of a problem
created by the use of the property next door. He said the way the golf hole was designed is
such that it could create problems. He said they are willing to work with the Elks to come up with
a solution but he does not see redesigning the development as a viable solution. He said they
are beyond the point of doing that and irs not really a problem created by the development
itself.
Ehrhardt asked if this had come up two years ago, it could have been worked out with the
developer.
Kugler said the golf hole could have been designed so that shots were directed further away
from the property line.
Schintler said the golf course was there first.
Kugler said the hole is relatively new. He said the City defined the piece of property and leased
the property to the Elks Club. There is some responsibility on the part of the Elks to design a
hole, which doesn't pose a safety hazard for the adjacent property, regardless of what happens
on the adjacent property.
Geerdes said that hole is there now. He said adjustments could be made to the plan that allow
that plan to go forward but would make it a remarkably safer place to be.
Irvin Pfab, 505 E Jefferson asked about how much car traffic could be generated by the
live/work units.
Stamper said they are low impact businesses, which don't generate much traffic. Generally
parking would be on the street.
Public discussion closed.
MOTION: Hansen moved to approve REZ00-00022, a request for a revised preliminary
sensitive areas development plan for the Peninsula Neighborhood, a residential
development containing up to 410 dwelling units on an 82.1 acre parcel located at the
west end of Foster Road, with the incorporation of the variations listed, subject to
administrative approval of the final text of the Peninsula Neighborhood Code prior to the
approval of the final sensitive areas site plan for the first phase of the development and
approval of SUB00-00026, a request for a preliminary plat of the Peninsula
Neighborhood, an 82.1 acre, 209-1ot residential subdivision with 16 outlots located at the
west end of Foster Road, subject to the approval of a grading plan prior to City Council
consideration of the plat. Shannon seconded the motion.
Hansen said he was grateful to Stareper for his participation and grateful for the 10% for
affordable housing.
Shannon said he thinks the development has real potential. He said in the beginning the single
entrance into the neighborhood bothered him. He said he was pleased that there would be
businesses within the neighborhood. He said he was concerned with the narrow streets but if
the Fire Department feels that it will work, he's satisfied. He said if the golf course situation can
be cleared he'd definitely be in favor.
Schintler said she is concerned with the golf holes and that something is done to resolve that.
Planning and Zoning Commission Minutes
December 21, 2000
Page 7
Osland said he had a question for Miklo and Kugler in regard to the golf issue, which he feels is
an important issue; he asked if that is even within the Commission's realm to deal with that. He
asked if they could legally consider that.
Kugler said any time you are looking at a rezoning/development issues; safety and adjacent
property are looked at so he would say yes.
Osland said his concern is that the golf issue can be a big issue and he wants some assurance
that that will get resolved. He said he has no comfort level of that and how it will be resolved. He
asked for clarification that the properties adjacent to the golf course would have homes facing
the golf course.
Kugler said they would have a 15-foot front yard and the 60 foot-wide street right-of-way
between the buildings and the golf course.
Osland said besides the fact that you have balls rifling out into that area, you have people
wanting to retrieve those balls from people's yards and that does not make residents very
happy. He said irs not uncommon to have homes along a golf course and he's literally seen
people go into yards and try to hit the ball from a person's yard. He reiterated that he's
concerned that it gets resolved.
Behr said it can be brought up at the Council and considered in the meantime. He said he also
wanted to address the question of legal liability. He said there is no rule of law that the City is
liable if an accident occurs. He said that would be a vast simplification; that is not the case.
There is not a black and white law on that.
Bovbjerg said she appreciates it being brought up and it is unusual. She said she sees the
Commission's job to consider the safety issue and heartily recommend that the City is a partner
in resolving this so that it works. She said the development is too good to hold it up for golfers
playing through.
The motion carried on a vote of 7-0.
CODE AMENDMENT ITEM
An amendment to section 14-6N-1, Off Street Parking Requirements, to require only one off-
street parking space for small one-bedroom single-family, duplex, and townhouse dwellings.
Miklo said the proposal is to treat one-bedroom houses, townhouses and duplexes the same as
one-bedroom apartments and to require one parking space. He said based on census data, in
Iowa City 51% of the households have one or no cars so this is in line with that. He said it is
supported in the Comprehensive Plan which encourages different kinds of housing types be
built. He said staff is recommending approval.
Hansen asked if students were included in the statistics.
Miklo said it is from the census data and students are considered residents.
Hansen said they won't be buying there.
Public discussion open:
There was none.
Planning and Zoning Commission Minutes
December 21,2000
Page 8
MOTION: Osland moved that City Code Section 14-6N-1, the Off-Street Parking
Requirements, be amended as follows: 14-6N-1J(1i): Single-family dwellings, duplexes,
and townhouses where permitted: One (1) off-street parking space for units with one
bedroom and 1,000 square feet or less of floor area, two (2) parking spaces for each
dwelling unit over 1,000 square feet of floor area or with two or more bedrooms. Ehrhardt
seconded the motion. The motion carried on a vote of 7-0.
DEVELOPMENT ITEM:
SUB00-00027, an application from Westcott Partners II LLP for a final plat of Westcott Heights
Part Three-A. a 78.96 acre, 47-1ot residential subdivision located in Johnson County on the west
side of Prairie du Chien Road, south of Newport Road.
Kugler said staff recommends deferral. They thought they had this ready to go but the County
staff has raised some concerns.
MOTION: Ehrhardt moved to defer SUB00-00027, an application from Westcott Partners II
LLP for a final plat of Westcott Heights Part Three-A, a 78.96 acre, 47-1ot residential
subdivision located in Johnson County on the west side of Prairie du Chien Road, south
of Newport Road. Schintler seconded the motion. The motion carried on a vote of 6-0.
Ehrhardt moved to approve the minutes of the December 2, 2000 Planning and Zoning
Commission meeting as written. Osland seconded the motion. The motion carried on a
vote of 6 - 0.
OTHER:
Miklo said the next meeting will be January 18, 2001.
ADJOURNMENT:
The meeting was adjourned at 8:55 p.m.
Dean Shannon, Secretary
Minutes submitted by Diane Crossett