HomeMy WebLinkAbout2001-07-31 Bd Comm minutesMINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY JU~E 14, 200I - 5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Howard Heran, Mark Anderson, Alan Ellis, Jolin Ruyle
STAFF PRESENT: Sue Dulek, Erin Herring, 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 May 10, 2001, Commission meeting were approved as submitted.
AUTHORIZATION OF EXPENDITURES:
Heran made a motion to approve the bills. Ellis seconded the motion and the bills were
approved 4 - 0.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
No items were presented.
ITEMS FOR DISCUSSION/ACTION:
a. Fuel site- Blum said he has sited the area for the remote fuel station. The Fire Marshall had
requested the site have it's own hghting. Blum is getting prices for the lighting. He said this
would require a change order. Blum said he also priced a remote fueling station for Jet A
fuel. He said it would be an additional $ 20,000 or more for an additional pump. The
Commission said they were not interested in the additional pump.
b. Buildings A, B, & C - leases and rent- Mascari said he had asked Erin He~ing, the Cites
Risk Manager, to explain the City's requirements for liability on hangar leases. He said he
received several inquiries from tenants th~ were confused about the $ 2,000,000 aggreg~e
requirement. Heftrag said the aggregate language could be dropped as long as there was
$1,000,000 per incident. Mascari said there was also contom about the City being named as
an additional insured. Herting said the tenant's insurance would be first in line for a claim and
the City's insurance would be secondary.
Mascari said he would like the language to state the order of pay out, with the tenant first and
the City second. This would eliminate the need to name the City as additional insured.
One of the t-hangar tenants said he thought the lease should more specifically address the
responsibilities of the Commission for maintaining the facilities. Mascari said he thought that
issue could be negotiated with the Commission and that the Commission should concentrate
on the insurance issue at this meeting.
Ellis suggested the issue be delayed until there is information on what insurance companies
will write general liability coverage. Sara Barber, one of the tenants, said her airplane
insurance includes hangar liability at no extra cost. She wanted to know how much liability
she has if someone injures himself or herself in her hangar if she did not let them in7 She used
the example of the FBO or airport maintenance personnel that have access to her hangar.
Herting said nothing will prevent someone from suing a property owner but they would have
to prove liability.
Anderson said he thought there were a number of language things in the lease. He thought the
subcommittee should work on those and report back to the Commission. Maseari said there
was no room for chance on the insurance except to eliminate the $ 2,000,000 aggregate
language. Horan and Ellis will work on the lease and insurance language. Anderson said the
new language will need to be sent to the leaseholders. Herting said she would get the changed
language and send it to Oq~eil to send to the tenants. Oq',!eil will forward the information to
the tenants when he gets it from Herting and Dulek.
c. Aviation Commerce Park
1. Riverside 1)rive entrance- Tracy Overton provided the Commission with a report for the
month of June. He said it has been a tough summer so far as the paving project is
concerned. Overton said the entry way to the ACP from Riverside Drive is critical. He
discussed two areas for a permanent monument sign and areas he thought should be
addressed as far as landscaping is concemed
Overton asked if the Conumssion would be interested in granting access to Rupport Road
to the Alexis Inn property. The Commission said they were not interested. They said the
frontage road was originally designed to be terminated just south of the Alexis Park
access. The plans were redesigned and the road rerouted in order to accommodate the
hotel.
Overton said he would like to put a monument sign on the west entrance if there was a
good place for it. O~Neil said the Commission would need to discuss a budget with
Council for landscaping the entrance. He said he did not know if there was any money in
the original budget for landscaping.
2. Marketing- Overton said there are a couple of areas in the City that have been
designated as Tax Increment Financing (TIF) areas. He said this would probably be
beneficial in marketing the property. Dulek said it would be a Council decision. k
would tmpact all the taxing jurisdictions. The City Manager is looking into the details.
Masca~ said a meeting has been set to discuss issues concerning the Aviation Commerce
Park. Overton said there are a couple of prospects. It is hr~ortant that the road is
completed. Dulek said she discussed the construction schedule with Ross Spitz, from the
PW Department. He said the project was still on schedule.
3. Other issues - O~Neil said the conceptual drawing would be completed in the next couple
of weeks.
d. Master Plan update - final acceptance - O~Neil said that Snyder & Associates had
completed the original scope of services. He said the FAA review comments have been
addressed. Horan made a motion for a resolution to accept the Master Plan update. Ruyle
seconded the motion and at roll call vote, it was approved 5 - 0.
e. Iowa National Guard lease - O'Neil said the Iowa National Guard lease expire in
September. A public heating will be set to allow the public to comment on the lease. O'Neil
will send a copy of the lease to Guard headquarters in Des Moines.
f. Hangar building K- O'Neil said Andy Matthews has contacted SWA and told them there
were two options available. One is to remove all the concrete on the east side of the building
and replace it as shown in the site plan~ The other option is to remove some of the concrete
and install additional drainage. If the additional drainage option does not work, the
contractor will still be required to solve the problem.
g. Building D rehab project - final acceptance - O'Neil said there are a few minor items lef~
on the punch list that need to be completed. The contractor will correct these soon. The
building has been inspected by the O~eil, the City Building Department and by Van Winkle
Jacob Engineering. Heran made a motion for a resolution to accept the renovation project for
Building D. Ellis seconded the motion and at roll call vote, the motion passed 5 - 0. Ellis
wanted to know if there was funding to rehab the interior of the building? O~eil said this
could be applied for through the IDOT's Vertical Infrastructure Grant program.
h. 2002 Vertical lnfrastructure Grant - O'Neil said there were seveml projeots the
Commission could apply for. One project would be to tuck point the exterior of the Airport
Terminal. O~eil said the roof needs to be replaced on buildings B and C. The roofs need
additional ventilation. Hard surfaced floors could be installed in buildings A, B, and C. Ellis
made a motion for a resolution to apply for a grant to replace the roofs on buildings B & C.
At roll call vote, the motion passed 5 - 0.
i. Building H - Heran said he and Anderson met with Dennis Gordon to negotiate his lease.
Gordon's lease would still be on a month to month basis, with the rent being $1250 per
month. No other aviation business wilt be allowed without specific permission from the
Commission and there would be non-exclusive use of the 10,000 gallon Jet A tank. Heran
said the dollar amount per month was based on other heated hangar space, specifically the
space in building G. Ruyle made a motion for a resolution to revise the lease for Building H.
Heran seconded the motion and it passed 5 - 0 at roll call vote.
j. Fly Iowa 2001 - Anderson sununarized the planning for the event. He said at this time, it
looks like the budget will be about $ 28,000. This will be paid for by donations and
sponsorships. Anderson provided a lay out map and explained where everything would be
placed. Anderson said volunteers were needed for the paper airplane contest. Ellis said he
thought the local EAA chapter was going to organize and conduct the contest.
Ruyle said a certified govemment fueler would be needed to fuel the A10s. He said they
would need 3000 gallons of fuel. Ruyle said he will fmd out who the Air Force expects to
pay for the fuel.
k. FBO services - Mascari said there were two proposals. He suggested the Commission have a
special meeting next week to interview the companies. He suggested a 45-minute interview,
with a 15 to 20 minute presentation and the rest of the time devoted to questions from the
Commission. Ellis questioned whether there should be a time limit? Maseari said he would
like to schedule the interviews at 5:45 p.m. on June 26, 2001. O~eil asked the Commission
to submit questions to him and he would distribute a list of questions to the Commission
before the interview. The Commission discussed some general issues of what they would
like to discuss with the candidates.
1. Business plan - The Commission had a discussion on how they would like to change the
agenda. Ellis suggested O~Neil provide a summary of each agenda item to reduce the amount
of time spent on each item at the Commission meetings.
Ellis and Anderson will be a subcomanittee to develop a draft outline of a business plan.
Anderson said he thought this issue should be discussed in a separate Commission meeting.
Ellis also thought the Commission should prepare a monthly newsletter and a Commission
member should make a monthly visit to the City Council meetings.
CBAIRPERSON'S REPORT:
Mascari asked about the hangar tenant that has an airplane on order? O'Neil said he had received
a copy of the order and it was included in the last Commission packet. OqNeil asked the
Commission what they wanted to do about the tenant? Mascari said he would like to see a
progress repott from the tenant. Dulek said she would write a letter to the tenant, requesting he
state his intentions.
Mascari said he has had trouble with the north access code gate. O~leil said he would see if the
touch pad needs to be cleaned.
Mascari said he helped with the presentation to the retirees association. He said he thought it
went well and the group enjoyed the program.
COMMISSION MEMBERS' REPORTS:
Anderson said he would like to have the cedes for the access gates changed. Ruyle suggested
installing signs on all walk-through gates to warn people of restricted areas.
Anderson said he would still like to see a keypad access on the office from//32. O'Neil said there
were unresolved issues. One issue was who would pay for the installation, extra cleaning costs
and what would happen if someone wanted to rent the offw~ with the hangar. He said that was
the last discussion the Commission had on the issue.
Heran said he had another person request a grass landing runway. O~Neil said there would be
some cost involved in developing and maintaining the runway. There would be some liability
issues. Ruyle agreed the Commission should look into installing a grass strip.
Ruyle asked about inspection of fire extinguishers. O~leil said they are inspected by airport
personnel on an annual basis. They are checked and the tags updated.
ADMINISTRATIVE REPORT:
O~eil said there was a letter in the packet complimenting the service of IOW Aero.
There was a thank you note from the University of Iowa Retirees Association for the program at
the Airport. Dick Blum, from H.R. Green, volunteered time to design and present a power point
presentation. Masca~ presented information and O~Neil gave a bus Wur of the buildings and
runways.
IDOT has preliminarily approved the Commission's applicafwn for a grant for obstruction
removal. This will be an agenda item at the next meeting.
O'Neil sent a letter to Iowa City Flying Service, requesting the hangar rent that was sent to them
by mistake. It was agreed upon between the Commission and ICFS that all March t-hangar rent
was to be paid to the Airport.
The WAAS is now scheduled to be operational by the end 2003.
O'Neil reminded the Commission that he would be on vacation from June 27 through July 9
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for Julyl9, 2001, at 5:45 p.m
ADJOURNMENT:
The meeting was adjourned at 9:23 p.m.
Rick Mascari, Chairperson
MINUTES
IOWA CITY CIVIL SERVICE COMMISSION
CIVIC CENTER, LOBBY CONFERENCE ROOM
JULY 2, 2001
MEMBERS PRESENT: Michael Kennedy, Lyra Dickerson
MEMBERS ABSENT: James Anderlik
STAFF PRESENT: Sylvia Mejia, Karen Jennings, RJ Winkelhake, Andy
Rocca, Dale Helling
OTHERS PRESENT: Melica Patik
RECOMMENDATIONS TO CITY MANAGER AND STAFF: Commissioners
instructed staff to conduct the promotional process for Police Sergeant.
RECOMMENDATIONS TO CITY COUNCIL: None.
SUMMARY OF RELEVANT DISCUSSION:
Chairperson Kennedy called the meeting to order at 8:17AM.
Mejia reviewed the proposed promotional test plan for the position of Police
Sergeant as outlined in the memo to the Commission dated June 26, 2001.
Dickerson questioned how ties in score are handled and Mejia explained that all
candidates achieving a score are included if the score makes the cutoff.
Kennedy made a motion to approve the procedure as set forth in the memo to
the Commission dated June 26, 2001 and Dickerson seconded. Motion carried.
Old Business:
None.
New Business:
Mejia, Rocca, and Winkelhake provided an update on recent hiring within the Fire
and Police Departments. Six new firefighters were hired this year leaving seven
candidates on the certified hiring list. The current list will be used as long as
possible.
The Police Department has also hired a number of people from the current list
and will be hiring additional officers to fill vacant positions as soon as space is
available at the Iowa Law Enforcement Academy for training. The certified list for
Police Officer may be retired by this fall and the commission will likely reconvene
to review and approve the process for entry-level police officer testing.
Dickerson thanked the City for extending invitations to attend recent swearing-in
ceremonies for new police officers.
Kennedy moved to adjourn and Dickerson seconded. Meeting adjourned at
8:25AM.
I 1-1
,OwA C,.. MAN COMM,SS,ON e R0"'Z
IOWA CITY CITY COUNCIL CHAMBERS
May 22, 2001
MEMBERS PRESENT: Jan Warren, Charlie Major, Mary Larew, Maureen Howe, Keri
Neblett, Lisa Beckmann,
MEMBERS ABSENT: Mettle Thomopulos, Paul Retish, Ernie Cox
STAFF MEMBERS: Heather L. Shank, Laz Pittman, Anne Burnside
CALL TO ORDER: Meeting called to order at 7:05 p.m.
1. APPROVAL OF MINUTES
Neblett moved to approve the minutes. Larew seconded the motion. Motion carried by a
vote of 6-0.
2. RECOMMENDATIONS TO COUNCIL: None
3. CONSIDER MOTION TO ADJOURN TO CLOSED SESSION:
Warren stated that the Commission would consider a motion to adjourn to closed
session based on §21.5(1 )(a) of the Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept confidential and pursuant to
Chapter 216 of the Iowa Code and §2-2-4 of the Iowa City Municipal Code which
requires that complaints of discrimination, reports of investigation, statements and other
documents or records obtained in the investigations, shall be closed records unless a
public hearing is held. MOTION: Motion by Howe to go into closed meeting. Seconded
by Beckmann. Motion carried by voice vote - 6-0 with three Commissioners absent.
Commission went into closed session.
4. CONSIDER MOTION TO APPROVE MEDIATION AGREEMENT:
After discussing Iowa City Human Rights case, #03-08-0104 in closed session, Warren
asked the Commission to consider a motion to approve the mediation agreement
reached by the parties. MOTION: Motion by Beckmann and seconded by Howe. Motion
carried by voice vote 6-0.
5. CONSIDER MOTION TO APPROVE CONFIDENTIALITY CLAUSE:
Pursuant to Iowa City Human Rights Ordinance §2-5-4(3) Warren asked the
Commission to consider a motion to keep the mediation agreement confidential.
MOTION: Motion by Howe to keep confidentiality agreement confidential, seconded by
Neblett. Motion carried by voice vote 6-0.
6. LETTER TO COUNCIL:
Warren stated there was a great deal of discussion regarding the letter to Council at the
April Commission meeting regarding what the Commission wanted to do, if anything, to
clarity to the Council and the community the role of the Commission. Warren looked at
the letter and the revised letter that 'was written by Cox. Warren said that she cannot
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recall whether the letter was going to go to the newspapers. She said that she thinks it
should go to the newspapers. Major said that there is interest in his list serve regarding
the role of the Commission. Warren said there are three parts to this, the letter to the
Council, the potential to take it to the newspapers and then addressing the Council.
Warren said that she thought addressing the Council might be overkill if the Council
received the letter. Because she did not attend the April Commission meeting, Warren
did not realize until she received the minutes that the Commission had actually voted on
the issue of addressing the Council until she read the minutes. Warren feels like the
Commission needs to clarify what it is doing, as there is nothing in the minutes about the
letter being sent to Council. Shank stated that the letter was going to Council and the
Commission was going to address Council about the letter. Warren then asked about
how the Commission felt regarding sending the letter to the press. Neblett stated that it
was her impression the press received the letter in the agenda packets for the Council.
Warren replied there were many things in the agenda packet so it might be better to
send it separately. Warren thought the correspondence should be sent as a letter to the
editor. Beckmann asked whether the letter should be given a frame of reference so the
press would understand why the letter had been written. Major thought the letter would
be part of a press release and a letter that is given to the public as well as the Council.
Larew agreed there should be some sentence at the beginning that explains why this
letter was written - neutral yet vague.
Shank asked for some clarification as to what the Commission wants to do regarding
attending the Council meeting. Warren indicated she thought addressing the Council
may result in an uncomfortable situation. Beckmann said she viewed things differently
after reading the minutes from April's meeting and upon reflection was not sure she
would be comfortable having a discussion. in response to Warren's question, Shank
indicated that the letter could be put into the packet as part of the agenda under Council
correspondence and there is no discussion. Burnside said that a Council member could
ask the Commission to come and talk to the Council about the letter. Major said that he
was worried because the role of the Commission was in a state of confusion and he
thinks that the Commission owes it to its predecessors and the City Council to explain
what the Commission will and will net do. Warren asked whether he believed it was the
Council as a whole who was confused or only a couple members. Neblett stated that
one Councilperson made an incorrect statement about what the Commission could do
and none of the other Council members corrected the member in error. Shank said the
Commission could discuss the letter during the Council's public hearing. This is not a
time when the Council has a discussion with the person addressing the group in public
hearing. Burnside stated this is just the time when the Council receives information. If
the Commission wants to be on the agenda arrangements have to be made to make
sure the Commission is included as an agenda item. Or, the letter with a clarifying
statement could just go into the packet. Pittman reminded the Commission that Burnside
had said that once the letter is in the packet the Council could chose to talk to the
Commission about its concerns. Warren said that the difference would be that the
Council would be asking the Commission for more feedback rather than the Commission
providing the information that it believes is important for the Council to know. Warren
asked Major how he felt about this option and he responded that he would prefer to do it
formally in front of the Council with Dilkes or Shank, or with the entire Commission and
clarify the Commission's role to everyone. Larew indicated that the Commission's task
should be to educate the Council as to the Commission's role. Burnside said that all the
letter does is clarify what has been in the Ordinance for 20 years and you are not saying
you are doing anything you are not charged to do. After discussion, Major and Larew
agreed that the letter to the Council was the way to go. MOTION: Howe made a motion
to rescind the motion approved at the April 24, Commission meeting to write a letter and
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address the City Council at their meeting as soon as possible (agenda item) regarding
the role of the Commission under the Human Rights Ordinance. Major seconded the
motion. Vote approved 6~0. MOTION: Howe made a motion to submit the letter to the
City Council. Major seconded the motion. MOTION:: Larew then made a motion to
submit the letter with the amendment of a framing sentence such as "in light of recent
discussions in previous Council meetings and the Commission believes it may be
timely... Beckmann seconded the motion and Major voted no as he wants the word
confusion to be in the sentence.
It was ultimately decided that the letter would go to the Council and the press with the
word "confusion" in the framing sentence. The Council's next meeting is on June 12.
7, BUSINESS
Gay Pride Parade is on June 16. The volunteers include Beckmann and Neblett. Warren
will call other Commissioners to see if they are available.
Shank told Commissioners to be cognizant of the location of the Commission meetings
because the Council is have at least three meeting on the nights in which the
Commission usually meets.
KEYNOTE SPEAKER FOR HUMAN RIGHTS BREAKFAST: It was determined that
Phillip Hubbard would be asked to be the keynote. If Dr. Hubbard is unable to accept,
the Commission chose two alternatives. Shank will contact Dr. Hubbard as soon as
possible.
The discussion regarding community outreach is deferred until the next meeting when
more Commissioners are present.
9. REPORTS OF COMMISSIONERS
Howe mentioned that an Associated Press story of May 11 indicated that the National
Council of the Boy Scouts was considering whether to challenge the Iowa City
Community School District's new policy prohibiting information in the schools if the group
did not comply with the district's equity policy. Howe also reported that Texas Governor
signed the Hate Crime Bill.
Major said that he received a call from an individual asking for information regarding the
names, addresses and phone numbers of Commissioners whose terms had expired.
The caller wanted the Commissioners to speak to the School Board regarding the Boy
Scout issue.
Major also reported that the radio station had "toned down a bit" and the comments on
the list serve had toned down a bit but he admitted that it still appeared to be a topic
among the citizens and he does not think it is over yet.
Larew said read an article in the newspaper about migrants that had moved into Mason
City and it reminded her of and anti-migration ads that were so prevalent in the fall and
that the HARRT were against. Last week the Gazette asked Mary to be on a panel. The
panelists were asked to provide their opinions both pro and con regarding the actions of
the Gazette over the last couple of years. There were 12 panelists. One of Mary's major
comments involved the anti°migration advertisements. The ombudsperson at the
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Gazette said that that issue was the most controversial issue the Gazette has faced in
years.
Warren said that is Appleton, Wisconsin the same issue regarding the Boy Scouts has
come up in schools there. The School Board decided to just prohibit use of the schools
by groups.
10. STATUS OF CASES
Shank,reported that Pittman and Burnside are doing a terrific job investigated the
complaints. There were three case opinions that needed to be signed by the
Commission teams. A settlement agreement was reached today - case ~r44. Last Friday
there was a mediation agreement and Shank believes the investigative team should be
commended.
The Public Hearing scheduled for July is in the discovery phase.
11, ADJOURNMENT
Meeting adjourned at 8:20 p.m.
Hrcminutes5-22.doc
IOWA CITY HUMAN RIGHTS COMMISSION
LOBBY CONFERENCE ROOM
June 26, 2001
MEMBERS PRESENT: Jan Warren, Mary Larew, Maureen
Howe, Keri Neblett, Lisa Beckmann,
Paul Retish, Ernie Cox
MEMBERS ABSENT: Charles Major
STAFF MEMBERS: Heather Shank, Laz Pittman
CALL TO ORDER: Meeting called to order at 7:04 p.m.
2. APPROVAL OF MINUTES
Neblett made a motion to approve the minutes of the regular meeting with changes. Cox
seconded the motion. Motion carried by a vote of 7-0.
Larew made a motion to approve the minutes of the closed meeting. Howe seconded the
motion. Motion carried by a vote of 7-0.
3. RECOMMENDATIONS TO COUNCIL
4. NEW BUSINESS
Warren announced that Mettie Thomopulos had resigned from the commission. The
Council will appoint the person for this seat on July 31,2001 therefore, people need to
apply for the position at least a week before.
Shank brought it to the attention of the Commission that there is no vice-chair and that
they might want to address that. Warren then opened the door for nominations. Motion:
Cox made a motion to nominate Howe for vice-chair. Neblett seconded the motion.
Howe accepted the nomination. Motion: Retish made a motion to accept Howe as vice-
chair. Cox seconded the motion. The motion carried by a vote of 7-0.
Warren announced that the letter the Commission had previously agreed to write and
send to the City Council was written and sent to council on May 24th. She said she had
attended the June 12th Council meeting where the correspondence was accepted, but
otherwise, it did not come up in the meeting at all. Retish expressed his consternation
regarding the manner in which the letter had been sent out contrary to the decisions that
had been made in the April 26th meeting. Warren responded that confusion had risen
regarding the when and in what matter the letter should be sent. The issue was discussed
in great length at the May meeting. Warren said the letter had been sent to the press but it
has been out there for three weeks and it has not yet run in any of the papers.
Warren discussed the issue of adding sexual orientation in the State civil rights code is
being discussed. She asked Shank if she had any updates on that. Shank explained that
she had not heard this was on the agenda, but that she would not be surprised if it was
because a new Commission had been brought together. Warren asked her to contact
someone from the Iowa Civil Rights Commission (ICRC) to find out if this issue was
being discussed. Shank agreed.
Warren said she would like to know whether the Des Moines Commission discussed
disbanding and giving all of their cases to the ICRC to investigate. Shank indicated this
could be because of lack of staff or funding. She said there are many Commissions that
do not do their own investigations, but give their cases to the ICRC. Warren said she
thought the discussion in Des Moines involved consideration as to whether it would take
a change in the State's Bill of Rights Code before the Des Moines office could disband.
Shank explained that under the Iowa Civil Rights Act municipalities with a population of
29,000 or more are required to have a local commission. Municipalities that meet the
population requirement can investigate allegations of discrimination. Each local
commission can decide whether or not to investigate claims. In situations where
Commissions decide not to investigate, complaints would be sent to the ICRC to be
investigated. She explained that if Des Moines adds sexual orientation, the Commission
would not be able to give complaints alleging sexual orientation discrimination to the
ICRC because the State agency would not have the requisite jurisdiction. (SO is not a
protected category in the Iowa Civil Rights Act.) Warren expressed concern over whether
or not this was a trend among commissions. Shank assured her that any trend that may or
may not exist in the State would not affect the Iowa City Human Rights Commission.
CORRESPONDENCE FROM STEVE KANNER
Warren asked Shank to discuss the parts of the City Code that Kanner referenced. Shank
discussed 2-2-2 which is the powers of the Human Rights Commission. She explained
that under the Human Rights Ordinance, there is employment, credit, housing, education,
and public accommodation. In those areas the Commission can study the character,
existence, and causes of discrimination. These areas do not include KCJJ as it pertains to
what Kanner is talking about. She explained that if KCJJ was an employer in a situation
whereby an employee filed a complaint against the business indicating that it had been,
for example, sexually harassing the employee, then this situation would apply under the
law and an investigation into the allegations would take place. However the Commission
cannot initiate a broad and vague investigation as to the character and existence of
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discrimination not within the areas of employment, credit, public accommodation,
housing, and education without a specific formal complaint filed by an aggrieved person
in one of these area. What Kanner is asking the Commission to do is not covered by the
Iowa City Human Rights Ordinance.
Several suggestions were made about possible public forums addressing speech that
could be considered harassment. Shank said she has planned and spoken at several such
forums and would continue to do so. Warren said that she did not necessarily believe the
Commission needed to do any kind of forum because the recommendation had come to
the Commission based on two premises that do not hold true. Warren said there were
several things the Commission could do, one of which being the drafting of a letter to
Kanner explaining the evening's discussion. Neblett said she would like to send a letter
because it would give the Commission an opportunity to address his letter line by line
and clear up the misunderstanding. Motion: Howe made a motion to write a letter
responding to Steve Kanner. Larew seconded the motion. Cox explained he would vote
no to the motion because he felt the Commission had already responded to what they
needed to. He said he appreciates Kanner's concerns, but that he would vote no to the
motion. Larew, Warren and Neblett all said they believed Kanner deserved a response
and would vote in favor of the motion. Retish and Beckmann agreed with Cox and both
said they would not vote in favor of the motion. The motion was carried by a vote of 4-3.
There were several suggestions regarding what to include in the letter. The Commission
agreed to thank Kanner for his attention and input, to address the City Code issues,
remind him that the Commission is always involved in outreach events, send a copy of
the events over the past three years and reference last month's letter in the Council
packet. Warren said she would write the letter, sign it on behalf of the Commission and
those Commission members that so desired could come in to Heather's office to look at it
before it was sent.
5. OLD BUSINESS
Warren said she would like to thank all of the members who worked at the Gay Pride
Parade.
DR. PHILLIP HUBBARD - KEYNOTE SPEAKER - LIFETIME
ACHIEVEMENT AWARD - Breakfast will be at the IMU in the 2nd floor ballroom to
accommodate more people. The cost of the breakfast was raised to $15.00. The previous
cost of $10.00 had not been changed for more than 6 years.
Warren announced that Phillip Hubbard had agreed to be the Keynote speaker at the
breakfast. She said that on February 26th of 2001, Jim Leach honored Hubbard for his
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lifetime service in the area of human rights. She said she had acted on behalf of the
Commission in discussing the situation with Shank and ultimately deciding to give
Hubbard a lifetime achievement award from the Human Rights Commission.
Warren also announced that due to Hubbard's reputation there would probably be a much
larger crowd and thus, the breakfast would be held in the ballroom this year. As
mentioned before, ticket prices are also going to be $15.00 this year. The $5.00 increase
is needed to meet the rising cost of the breakfast.
Warren encouraged the Commission members to get the word out to people for
nominations for the human rights awards nominations for the breakfast. She explained
that although it may seem a little early to prepare for the breakfast, there was a lot
involved in the organization process and the early start is vitally necessary. Shank said
she would send the Commission members some new forms along with giving the
members the nomination posters she currently had.
PUBLIC OUTREACH
Warren explained some different outreach programs the Commission had done in the past
and inquired about what types of outreach the current members would like to do. There
were several different suggestions by the Commission members. Retish said he sees
several issues in the community that the Commission could do education about. He said
he is very concemed with the youth in Iowa City, especially those in the Ped Mall and
would like to do some education in that area. Neblett said she had previously been
involved in a youth forum dealing with the issues they are facing and she could look over
the information she had gathered from there to get some more ideas for such an outreach.
Cox said he would like to look into doing an outreach about the homeless situation in
Iowa City especially regarding the number of children and people with mental illnesses
who are homeless. Warren suggested continuing to visit racism as a topic for outreach
because it encompasses so many different issues and has previously had a large public
response. The Commission decided to individually look into topics that are important to
them. They will do the research and when they feel they are ready to discuss an outreach
program relating to a topic individual Commissioner's are interested in the
Commissioner's will ask to have it included on the agenda.
6. REPORTS OF COMMISSIONERS
Larew reported it is apparent that another person from the Commission is needed to work
with the HAART committee. Joan Jehle had previously been the other representative on
HARRT, but Joan is no longer on the Commission, so Larew would like someone else
from the Commission to be involved. She explained HAART is a committee that formed
4
in response to some hate crimes four years ago. HARRT responds when people in the
community have a problem with hate actions or crimes.
Warren reported she was interested to see what happens at the ICRC when sexual
orientation is added as a protected category. This is an issue the Iowa City Commission
has been interested in for quite awhile.
7. STATUS OF CASES
Warren inquired as to the meaning of "waiting for green cards". Shank explained that the
green cards are returned when Complaints or Respondents receive certified letters. Upon
receipt of the green cards by the Human Rights office, the ten-day period for requesting
an appeal of the Commission's decision begins.
Shank is currently putting the finishing touches on the cases involving 8 Complainants
and one Respondent. The cases will be done soon. She explained that because the cases
were so similar, they would be assigned to one team.
8. ADJOURNMENT Motion: Beckmann moved the Commission adjourn. Retish
seconded the motion. The vote passed by a vote of
7-0. The meeting was adjourned at 8:45 p.m.
DRAFT
MINUTES
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
REGULAR MEETiNG - JUNE 28, 2001
THURSDAY, - 5:00 PM
Members Present: Winston Barclay, Linda Dellsperger, Mark Martin, Lisa Parker, Shaner
Magalhaes,
Staff Present: Maeve Clark, Susan Craig, Lany Eckholt, Debb Green, Heidi Lautitzen, Kara
Logsden, Martha Lubaroff, Liz Nichols,
Others: Curtis Lehmkuhl, Joumalism School, Joseph Calhoun, Journalism School,
Tim McConville, Journalism School, David VanDusseldorp, new Board
member
CALL TO ORDER:
President Martin called the meeting to order at 5:10 p.m.
PUBLIC DISCUSSION
None
APPROVAL OF MINUTES:
It was noted that there was an error in the minutes. Linda Prybil was a member of the Director's
Evaluation Committee, not Dellsperger. A motion was made to approve the minutes as corrected.
Magalh~es/Dellsperger. All were in favor.
EXECUTIVE SESSION:
At the request of the Director the Board went into Executive Session to discuss a personnel matter.
The motion was made by Magalh~es, seconded by Barclay. A role call was taken. All present said
Aye.
The Board resumed open session after a motion by Magalh~es and a second by Dellsperger.
UNFINISHED BUSINESS
Because of a personnel change at the City, it is doubtful we will be able to use their services as
construction managers. The Building Committee met with Public Works Director. We cannot
expect to get that type of service from the private sector for the amount of money budgeted, which
is $343,000. Joe Huberty, oar architect, offered some options: 1) hiring a Clerk of the Works. This
is a person who is on the site daily maybe full time but not necessarily always. This person would
monitor people on the work site, be there when materials are delivered. They would bring a
contractor's perspective to the job and hopefully have experience as a site supervisor for a general
ICPL Minutes
June 28, 2001
Page 2
contractor. The cost for such a person is estimated at between $50-70,000/year. We are thinking
about maybe a 38-month arrangement. If we choose this option, this individual would be recruited
and hired by us.
Another option is to pay Engberg Anderson an additional $30-$40,000/year to provide extra visits.
These would be more than a routine once or twice a week visit. The person they suggested is Dan
Kabara, who is working with Huberty on the project, and about whom Craig has heard excellent
reports. The City would do regular types of building inspection. Downside is no one is available
everyday and it's an architect's perspective, not contractors.
The third possibility would be to hire a construction manager. This person would be hired as an
individual or from a private firm and would cost more than the first two options. This process would
require a Request For Proposal (RFP) and be much more time consuming. Craig reminded the Board
that as a group, they have had a long-standing commitment to using some form of construction
management. Chuck Schmadeke and Kumi Morris, from the Public Works Department are very
supportive of some type of professional oversight.
Martin suggested trying to locate two retired construction people whom we could hire part-time to
manage this project. The Homebuilder's Association was suggested as a resource. Parker reminded
the Board that this is a somewhat political issue with local contractors. We would need to be careful
about who we hired and wouldn't want someone who has ties to a contractor interested in bidding
on the project. Magalh~es suggested that it could be less politically charged if we hired Engberg
Anderson. Martin thinks that we should hire a construction manager who will be here all the time.
Craig believes that success depends on the person you hire. The fight people do the job you need;
the wrong person causes more problems. Suggestions were made in terms of resources. At the same
time all options are kept open, an RFP should be prepared that would allow us to look at what the
responses would be. Barclay suggested that in terms of the budget, we could do both of the first two
options that would keep us within the budget.
Dellsperger made a motion that we charge the Building Committee with making decisions about this
and at the same time, move ahead with an RFP. Parker seconded that motion. The motion was
approved. A question was raised about whether Engberg Anderson would be willing to hire
someone for this job who would work with Kabara on the project as a Construction Manager. Craig
will discuss with them.
Other building issues concerned reports from the Art Committee and Mural Comn~ittee. The Art
Committee's memo contained recommendations somewhat in disagreement with those of the Mural
Committee regarding preservation of the Lenoch & Cilek Building mural. Some compromise is
possible between the Art Committee's and the Mural Committee's positions. Both recommend the
same type of preservation but differ in the numbers of pieces framed. Nichols said that the people
who are working on the Mural committee would find it difficult to choose a smaller number of
pieces. Barclay's attitude has been that the artwork belongs to the people who made it and our job
is to help them do whatever is possible to preserve it. He sees no problem with the library deciding
ICPL Minutes
June 28, 2001
Page 3
what we keep and what goes out of our hands. First thing that happens is photo documentation and
perhaps doing something with the image like producing posters. From the Art Committee's
position, Dellsperger felt that members were concerned about spending a large amount of money on
the mural that might eat into the funds for a major piece of artwork for the library. Barclay said the
Mural Committee believed it is possible to raise money for the project. If the Board doesn't want
to get into the fund raising issue, Nichols thinks that people on the committee would be willing to
go out and solicit money for the mural. Funds could also come out of NOBU budget. The library
might have to cover expenses for a short term while money is being raised. In explanation, the
capital improvement fund is the amount of money budgeted for the building - $18.4 million. It is
reasonable to spend $8 to $10,000 from NOBU since it could be retumed. Martin moved that we
accept the recommendation of the Mural Committee and that we find the $8,700 from our own
budget, probably from NOBU funds, if appropriate, to cover the cost of the renovation and
photographic representation of the mural and the framing. He made a friendly amendment to his
motion and stipulated that does not minimize the cost of any original art planned for the building.
Parker seconded. It was recommended that the Board approve the motion and charge the Mural
Committee with the task of finding places for the extra pieces. Information on weight and how they
needed to be hung need to be included. Funding sources should be sought to reimburse library
accounts. One suggestion for funds was that the Iowa Arts council might have grant programs that
could fund part of the project. It was suggested that someone might look into this. All in favor.
Motion carded.
NEW BUSINESS
Director's Salary for FY02
As a member of the Evaluation Committee, Parker made a motion to give Craig a 5.5% salary
increase and direct the City to move 80 hours of her vacation time into her retirement fund and to
accept the goals she provided the Board. Dellsperger seconded the motion. All in favor.
FY01 Board Annual Report
This is the time of year that Craig will begin the draft of the Board' s Annual report that is included
in the Library's annual report and the city's report on Boards & Commissions. The first group of
suggestions includes accomplishments for FY01:
Passed referendum, helped with FF campaign, received increase in budget for parking, users survey,
continue to press City about additional parking, will do angle parking, update process for Director's
evaluation, review orientation process for new Board members, input for options of satellite library
services re survey, policies reviewed and/or revised, approved revised union contract, working with
public input on the design of building, approved the Mural Committee's recommendation, signed
contract with architect, approved design.
Goals for FY02 proposed include:
ICPL Minutes
June 28, 2001
Page 4
Complete design, award a building contract, continue to pursue parking on 64 1A, continue to
support FF fund raising, explore options for satellite services, continue opportunities for public input,
leam about changes to state wide library system, conduct policy reviews, hire a construction
manager, maintain high quality library service.
STAFF REPORTS
A. Cable ad now airing.
The Board viewed the cable ad that is nmning on 5 cable stations. It is a spot to promote importance
of reading for children through the summer.
B. Library Service Areas
Information was included in the Board packet outlining the new plan for Library Service Areas
created by the Iowa Legislature, which will replace Regional Libraries. The most significant change
is the selection and makeup of LSA Boards of Trustees. Boards will represent constituency groups
including local library trustees. If anyone is interested they should let Craig know.
C. Spoken word compacts discs.
They will debut this summer. Currently we only offer spoken word on cassette tape but we will begin
offering the CD format as well.
D. Development Office report was included in packet.
E. New Board members.
Craig reviewed for the Board, the names of the three new Board members who will begin in July.
They are David VanDusseldorp who was in attendance, Colin Hennessey and Tom Suter. They will
have their library orientation on July 2 1.
PRESIDENT'S REPORT
Martin reminded the Board that our tradition is to have a dinner in July for both old and new
members. Board was in agreement that we should continue this tradition and the Dellspergers have
offered to prepare the meal and have everyone join them at their home. The invitation will be
extended to the architects who will be here at the next meeting.
President-elect Parker thanked Martin, Barclay and McMurray for their efforts. They were presented
with Certificates of Appreciation.
ICPL Minutes
June 28,2001
Page 5
DISBURSEMENTS
Visa expenditures for May were reviewed.
Disbursements for May were approvcd unanimously after a motion by Parkcr/Dcllsperger
SET AGENDA ORDER FOR MEETING
Review Trustees Annual report
ADJOURNMENT:
Parker moved adjoumment. 6:45 pm
MINUTES ~
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, JUNE 25, 2001
CITY CABLE TV OFFICE, 10 S. L1NN ST.
MEMBERS PRESENT: Jim Pusack, Betty McKray, Terry Smith, Kembrew McLeod, Cathy
Weingeist
STAFF PRESENT: Drew Shaffer, Andy Matthews, Mike Brau, Dale Helling, Bob Hardy
OTHERS PRESENT: Kara Logsden, Phil Phillips, Rene Paine, Randy Brown
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Brown reported that the transfer from AT&T to Mediacom likely will not be completed until the
middle or end of July. Logsden reported the library recently bought equipment to archive programs.
The Irving Webber tapes on the history of Iowa City will be transferred to CDs. PATV's telethon was
held last Friday and the goal of raising $4,000 surpassed. AT&T played a promotional PSA on the
telethon about 30 times on a number of channels for no charge. PATV is now on the University of
Iowa system on channel 11. PATV is planning to make an offer to purchase Hagen's building on
South Dubuque St. currently housing a rent to own furniture store. If PATV's offer is accepted, a letter
from the City regarding the availability of the pass-through fund would be needed by July 20. Pusack
said that this is a very short time period to review all the issues involved and the seller may need to be
asked to extend the time period. Paine said the seller has indicated an intention to list the property if
the July 20 date can not be met. Helling said that because public funds are being used that some sort of
equity partnership will be arranged for the ownership of any building PATV wishes to buy. McKray
said that the Commission should pursue the Triennial Review in October or November after the
franchise has been transferred to Mediacorn and they have had time to establish their operations. It
may be prudent to schedule the next Triennial Review for February 2001 when the next Triennial
Review would occur according to the ordinance. Matthews said that if that is desired, a formal consent
from Mediacom should be obtained. In regards to the audit, Shaffer said that audits of the cable
company are done randomly. About $9,000 in revenue will be gained from the most recent audit.
That mount represents a negotiated agreement. Pusack noted that there is about $7,000 difference
from what the auditor determined was due. Shaffer said the difference represents, in part, a difference
in applying certain disputed accounting procedures and the $9,000 is a negotiated mount..
APPROVAL OF MINUTES
Pusack moved and Smith seconded a motion to approve the May 30, 2001 minutes. The motion
passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
SUBSCRIBER ISSUES
Shaffer reported receiving 12 complaints-2 about bad cable TV reception, 6 about billing problems, 1
about not wanting to pay the $.50 pass-through fee, 3 about poor or mis-information provided by
AT&T's web site or their toll-free telephone number.
AT&TREPORT
Brown reported that the transfer from AT&T to Mediacom likely will not be completed until the
middle or end of July.
SENIOR CENTER REPORT
No representative was present. McKray reported that between getting new equipment and a change in
staff that there have been some technical problems have emerged. McKray thanked Bob Hardy and
Jerry Nixon for their assistance in fixing those problems.
LIBRARYREPORT
Logsden reported the library recently bought equipment to archive programs. The Irving Webber tapes
on the history of Iowa City will be transferred to CDs. The library charmel has caught up editing their
back-log of programs. A series of ads have been purchased from AT&T for placement on cable
television that will promote the library. Four different ads will run on a number of channels over the
next year. The ad currently running promotes reading during the summer. Future ads will promote the
construction of the new building, the library collection, celebrate a circulation milestone, and focus on
the interest of those 55 years of age and older. The ads follow the library's strategic plan.
ECCREPORT
No representative was present.
PATVREPORT
Paine reported that fifteen children from the University of Iowa Child Care Center visited PATV for an
afternoon last week. PATV's telethon was held last Friday and the goal of raising $4,000 was
surpassed. AT&T played a promotional PSA on the telethon about 30 times on a number of channels
for no charge. PATV is now on the University of Iowa system on channel 11. The Youth Leadership
Program will be offered a special workshop June 26-July 24. A DJ show fundraiser will be held at Old
Brick, July 13 from 9-2 p.m. A video camp will be offered to junior and senior high school students
the week of July 16. Paine distributed a timeline of events relating to the process of purchasing a new
facility for PATV. PATV is planning to make an offer on the Hagen's building on South Dubuque St.
currently housing a rent to own furniture store. Paine said the property has not been listed yet and
believes that when it is it will sell quickly. The Everett Conner Center is interested in renting part of
the building from PATV. PATV has had a contractor look at the building. Total space is about 5,000
square feet. PATV is talking with Tim Finer at Hills Bank about financing. IfPATV's offer is
accepted a letter from the City regarding the availability of the pass-through fund would be needed by
July 20. Pusack said that this is a very short time period to review all the issues involved and the seller
may need to be asked to extend the time period. Paine said the seller has indicated an intention to list
the property if the July 20 date can not be met. Smith asked ifPATV has any equity to contribute to
the ftmds. Paine said PATV has about $5,000 in a building fund. PATV will also have income from
the Everett Connor Center. Helling said that because public funds are being used that some sort of
equity partnership will be arranged for the ownership of any building PATV wishes to buy. Smith
asked if the figures provided include taxes and insurance. Paine said PATV may be exempt from taxes
and their lawyer is reviewing the situation. Paine said the figures provided are principal and interest
only and do not include taxes or insurance.
LEGAL REPORT
Matthews said he had nothing to report.
CITY CABLE TV OFFICE REPORT
Hardy reported that the Media Unit has caught up work delayed by the move into the new facility.
The satellite dish is expected to be operational in about two weeks. The connection to the Civic Center
has yet to be installed. The Community Television Service continues to have a large demand and has
been quite busy. Pusack said that the City Channel's digital tier program listings were inaccurate on at
least one occasion. Hardy said that given that program schedules must be provided two weeks in
advance and some programs, such as City Council meetings, do not have predictable run times. As a
result there will be times when the program listings will indicate that a meeting is being shown when,
in fact, the remainder of that block of time is being filled with InfoVision or other programming.
Hardy said he will track the service and monitor performance. Shaffer distributed a copy of the
franchise transfer resolution passed by the City Council. Shaffer noted the City Cable TV Division
Annual Report included in the meeting packet and said that describes the activities and efforts of the
Division over the past year.
TRIENNIAL REVIEW
McKray said that the Commission should revisit this issue in October or November after the franchise
has been transferred to Mediacom and they have had time to establish their operations. It may be
prudent to schedule the next Triennial Review for February 2002 when the next Triennial Review
would occur according to the ordinance. Matthews said that if that is desired that formal consent from
Mediacom should be obtained.
PASS-THROUGH FUND ALLOCATION
Weingeist moved and Pusack seconded a motion to approve the pass-through fund allocations as
recommended by the Community Television Group. The motion passed unanimously.
AUDIT
Shaffer said that audits are done randomly. About $9,000 in revenue will be gained. That amount
represents a negotiated agreement. Pusack noted that is about $7,000 difference from what the auditor
determined was at issue. Shaffer said the difference represents, in part, a difference in applying certain
disputed accounting procedures.
SERVICE TO CITY BUILDiNGS
Shaffer said that the public works department is interested in getting cable service so weather
conditions can be closely monitored among other things. The cost to service those buildings would be
calculated into the rate base with subscribers ultimately paying the cost. Shaffer said the Commission
could request AT&T provide an itemization of the cost to provide service. Pusack said he would like
to get some cost-benefit analysis outlining the cost to subscribers
ADJOURNMENT
Smith moved and McLeod seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:35 p.m.
Respectfully submitted,
Wm. Drew Shaffer
Cable TV Administrator
MINUTES DRAFT
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, JULY 23, 2001
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Betty McKray, Terry Smith, Cathy Weingeist
MEMBERS ABSENT: Jim Pusack, Kembrew McLeod
STAFF PRESENT: Drew Shaffer, Mike Brau, Dale Helling, Bob Hardy
OTHERS PRESENT: Kara Logsden, Phil Phillips, Rene Paine, Randy Brown, Tom Nothnagle,
Michael Bell, Alan Unger, Mark McCusker, Ethel Madison, Tim Clancy,
Kevin Burt, Mary Milder.
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Brown reported that the transfer from AT&T to Mediacom has been completed. In regards to
purchasing a building Paine said the July 20 deadline for the letter of commitment of funds by the City
has been pushed back to July 31. The closing date is still August 15. The building has been appraised
at $380,000 based on the building first valued at $285,000 plus about $90,000 in additiomnal
improvements to be done with the loan money PATV will obrain. Helling said the silent second
mortgage with an interest rate was put forward in the proposed drab City/PATV agreement because of
the concerns expressed by the Commission and the City Council. This arrangement provides a method
for the City to have ownership in a certain portion of the building until it could be paid back rather than
actually being an owner of the building when it has been paid off. Smith said that PATV's contract
with the City contains language that would provide for the City and PATV representatives to
determine the disposition of any of PATV's assets should PATV dissolve. This is also reflected in the
language in the draft purchase agreement with the City. This provision provides the stewardship of the
funds the Commission needs as long as the contract stays intact. Smith said the interest rate loan is not
necessary and the funding is secured through the mechanisms in place. Smith moved to direct staff to
pursue an agreement with PATV that includes a funding mechanism consistent with the other funding
provided to PATV (such as the annual check from the cable company) such that the assets related to
such funding fall under the terms and conditions of Section 18 C. of PATV's contract with the City
and the City holding a $125,000 lien on any building purchased. Weingeist seconded the motion. The
motion passed unanimously, with Pusack and McLeod absent.
APPROVAL OF MINUTES
Smith moved and Weingeist seconded a motion to approve the corrected June 25, 2001 minutes. The
motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
SUBSCRIBER ISSUES
Shaffer reported receiving 8 complaints-1 about rates being too high, 1 about the need for cable
competition, 1 about poor cable TV service, 1 about an @Home billing problem, 2 about not being to
get through to @Home customer service, 1 @Home technical problem, and 1 about not being able to
get cable TV service.
AT&T REPORT
Brown reported that the transfer from AT&T to Mediacom has been completed.
LIBRARY REPORT
Logsden reported that the library has received a good response from the ads they are running on the
cable TV system. Christie Vilsack will at the library on Saturday from 8:30-9:30 to participate in the
summer reading program. The library will have a booth at the Johnson County Fair.
PA TV REPORT
Paine reported that $1,000 was raised at the DJ fundraiser held at Old Brick last Friday. PATV's
Video Camp has finished. The camp taught children what they need to know to check out cameras
from PATV. PATV will have a booth at the Johnson County Fair. A workshop for the Youth
Leadership Program is taking place this week. James Mims has been hired as the Programming
Coordinator.
ECC REPORT
No representative was present.
SENINIOR CENTER REPORT
McCusker introduced himself and said that he and Elaine Beck will be sharing the position previously
held by Jason Livingston. Senior Center Television (SCTV) is researching digital equipment and plans
on purchasing equipment soon. The Senior Center has, for the first time, budgeted money for SCTV.
LEGAL REPORT
No representative was present.
CITY CABLE TV OFFICE REPORT
Shaffer noted that the annual report was on the agenda, but given the length of the meeting agenda the
Commission may wish to discuss this at the next meeting.
Hardy said the Media Unit has been working on setting up a studio in the new building. Activity has
been steady, but not overwhelming. Demand for Community Television Service services have
continued to be quite strong. InfoVision is now working with the Community News to provide
information for the Community Calendar category.
Shaffer noted the letter in the packet to AT&T regarding consolidating Triennial Reviews. Jon
Koebrick gave a verbal confirmation of approval and will be sending a letter for written verification.
Shaffer said that the Commission Annual Report will be drafted and sent to Commissioners for
comment prior to the next Commission meeting. Shaffer said he received a telephone call from Old
Capital Mall representatives regarding the letter in the meeting packet. Old Capital wishes that any
business in the mall that wants cable service to pay the full cost of wiring their business. Mediacom
would prefer to have all of Old Capitol Mall wired at one time and for Old Capital Mall to cover some
of those costs. Old Capital Mall's plan would make it very expensive for a business to get service.
PATV BUILDING PURCHASE
Shaffer distributed a draft discussion document that Shaffer, Helling, and Matthews developed and
PATV's response to that document. The City document focuses on the elements that would be covered
in an agreement between the City and PATV. Shaffer reviewed the discussion document. The City
would hold a silent second mortgage of at 4% interest. 4% is about half of what a bank would charge.
The second mortgage would ensure that the City holds some equity in the building. The second
mortgage would become due 1) if the agreement between PATV and the City for the provision of
public access/community programming services was terminated; 2) PATV were to dissolve as a
private non-profit corporation; 3) at such time that the first mortgage is paid in full PATV shall enter
into an agreement with the City to pay off the second mortgage, in full, over a period not to exceed ten
years; 4) PATV will be permitted to make payments on the principle of the second mortgage without
penalty provided such payments are made on the first business day of January or July in any calendar
year. Shaffer said that PATV is proposing a forgivable loan.
Smith asked about the City Council's reaction to the recommendation forwarded to them at their last
informal meeting. Helling said that the City Council' s response reflected the concerns of the
Commission.
Paine said the July 20 deadline for the letter of commitment of funds by the City has been pushed back
to July 31. The closing date is still August 15. The building has been appraised at $380,000 based on
the building first valued at $285,000 plus about $90,000 in additionmal improvements to be done with
the loan money PATV will obrain. An inspection report has been provided to the City. The seller will
repair the roof and front window. There were no problems with the major systems. A detailed
financial analysis is being prepared by PATV's accountants. The analysis is expected to be finished by
Thursday. A lease agreement has been forwarded to the Everett Conner Center. Weingeist said the
Commission has no objection to PATV renting to whomever they wish. PATV and the City disagree
on who should decide what is a fair market value. Unger said that fair market value will vary
depending on how secure the [enant is. A secure tenet would expect to pay 9% of the building cost in
rent per year or about $36,000. A less secure tenet would expect to pay 11% or about $44,000. Smith
said the Commission needs to see a lease agreement between PATV and the Conher Center. The
details and fair market value need to be worked out by those two parties. The lease would come before
the Commission, which would then validate the lease. Weingeist asked why PATV took out language
requiring City approval of the fair market value. Paine said she wanted to keep the issue out of City
control. Paine said local real estate consultants would be in a better position to know the fair market
rate. Smith said the interests of the City and PATV are the same. A real estate agent would not be
looking out for PATV's best interest. At the last meeting the Commission recommended approval of
funding based on several contingencies. Among those contingencies was approval of a lease
agreement. Progress is being made but the Commission has not seen any final language. McKray
said the lease agreement with the Conner Center is not the major issue that needs to be resolved. Smith
said he is pleased that the rental agreement seems to meet and exceed the areas of concern for the
Commission.
Helling said the silent second mortgage with an interest rate was put forward in response to the
concems expressed by the Commission and the City Council. This arrangement provides a method for
the City to have ownership in a certain portion of the building until it could be paid back rather than
actually being an owner of the building when it has been paid off. The amount of secured City funds
was the difference between the $285,000 purchase price and the $270,000 loan. If the appraisal is
$380,000, then most of the City funds are secured. Helling said that it has always been City policy that
all cable TV revenue is to be used for cable TV related purposes. The rent PATV charges any tenant
should be at a fair market value, otherwise cable TV revenue would be subsidizing a non-cable TV
use.
Helling said the City Council and the Commission need to make a policy decision on whether the
$125,000 is going to be a loan, a forgivable loan, a silent second mortgage, or a lien.
Weingeist said that a grant is not wise. In a worst case scenario where PATV has dissolved or
otherwise ceases to provide public access services, the funds would be gone, the City would have
nothing, subscribers would see no benefit, and support for another public access service would be
greatly diminished.
Smith said that PATV's contract with the City contains language that would provide for the City and
PATV representatives to determine the disposition of any of PATV's assets should they dissolve. This
reflects the language in the draft purchase agreement with the City. This provision provides the
stewardship of the funds the Commission needs as long as the contract stays intact. Smith said the
interest rate loan is not necessary and the funding is secured through the mechanisms in place.
McKray said the pass-through funds have been dispersed as grants for particular purposes. A re-paid
loan is not consistent with past processes. Helling said that the loan was a substitute for the City being
part owner of the building. The loan was an attempt to reach a middle ground.
Smith said section 18C of PATV's contract, the section dealing with the disposition of assets upon
dissolution, should be referenced in any agreement with the City. A no interest loan would not involve
repayment of the principle. IfPATV were to dissolve, all their assets, including the loan, could revert
to the City. Any agreement with the City should be in the form of an addendum to the contract.
Smith moved to direct staff to pursue an agreement with PATV that includes a funding mechanism
consistent with the other funding provided to PATV such that the assets related to such funding fall
under the terms and conditions of Section 18 C. of PATV's contract with the City and the City holding
a $125,000 lien on any building purchased.
Smith said that this language means the City should not pursue an interest beating loan and that the
$125,000 is an investment with fights to PATV's assets should PATV dissolve. The City would hold a
lien on the property of $125,000, as suggested by PATV.
Weingeist seconded the motion. The motion passed unanimously, with Pusack and McLeod absent.
Smith said that PATV would be wise to seek out City advice. The City staff has expertise in large real
estate transactions and can protect PATV's interest better than a real estate agent who is making a
commission on the sale of the property.
McKray said that one should beware of anyone who pressures you to make financial transactions by a
certain date. If the real estate agent is unwilling to wait for a reasonable financial arrangement to be
worked out, his motives might be questioned. The Conunission is willing to hold special meetings, but
short deadlines with a threat that all will be lost if it is not met is not a good process. It is very anlikely
that all the issues will be resolved and all the documents sufficiently reviewed by July 31. Paine said
all the issues don't have to be settled, just a letter of commitment by the City. McKray said even a
letter by the 31 st may not be possible. Helling said the City Council meets July 31 but not again until
August 21 st. That may be a problem for meeting the closing date. PATV may wish to try and move
back the closing date. The City would not release the funds without a written agreement and a special
meeting of the City Council would have to be arranged to meet the deadline. It is difficult to find a
time when all Councilors can meet.
Weingeist moved and Smith seconded a motion to table the remaining items on the agenda until the
next Commission meeting. The motion passed unanimously.
ADJOURNMENT
Weingeist moved and Smith seconded a motion to adjoum. The motion passed unanimously.
Adjournment was at 7:20 p.m.
Respectfully submitted,
Wm. Drew Shaffer
Cable TV Administrator
MINUTES
PARKS AND RECREATION COMMISSION
JUNE 13, 2001
MEMBERS PRESENT: Barbara Endel, Toni Cilek, Nancy Ostrognai, Matt Pacha, Rex Pmess, A1
Stroh
MEMBERS ABSENT: Doug Ginsberg, Craig Gustaveson, Bruce Maurer
GUESTS: Robyn Shrader, S. Solimeo, Steven Ford
STAFF PRESENT: Terry Trueblood, Mike Moran, Terry Robinson
FORMAL ACTION TAKEN
Moved by Stroh, seconded by Pruess, to aDDrove the May 9, 2001 minutes as written. Unanimous.
HUNTERS RUN PARK
Steven Ford of Shoemaker & Haaland presented a short synopsis of the design process and plans for the
development of Hunters Run Park. Copies of the site master plan and design process agenda were
distributed. Meetings were held with the neighborhood to obtain their input, and based on this information
and the basic site analysis a design plan was developed. Ford indicated they would continue to tweak the
master plan, with the goal to a;vard a contract yet this summer.
Stroh asked where there would be a trail to get to the other side of the highway and possible use of the
culvert. Ford stated a link through this area was noted as a future goal at the neighborhood meetings, and it
may be possible to take the trail through the culvert. He noted the Iowa Department of Transportation
downsized the culvert and it has some occasional water backup. Ostrognai asked if the future trail would be
hard surfaced. Ford noted the proposed trail into the park will be a six-foot wide granular surface trail.
Trueblood noted when a connector trail is established it will be a hard-surface multi-purpose trail; Pruess
noted his preference to have it go under the high~vay. With respect to comments made at the meetings
regarding the culvert and flooding, Terry Robinson stated the ~vater does not rise rapidly and dissipates very
quickly. With respect to the proposed smaller pond, Trueblood stated it likely would not be built. Pruess
noted his agreement, as a number of neighborhood residents do not want the pond. Ford stated the geometry
of the trail would remain the same, noting the pond could be added at a later date. Pruess noted the pipeline
and green trail space property to the northwest owned by Johnson County. He asked that this be kept in
mind when looking into possible trail counectivity. With respect to Duck Creek Drive, Pruess asked if there
were plans to have curb cuts for both trail connectors; Ford indicated there would be. Robyn Shrader
commended staff and the commission for the process they went through with the neighborhood.
WEEBER-HARLOCKE
Trueblood reported the City Council discussed the Weeber-Harlocke development/parkland issue at its work
session on Monday, June 11. The City Council did not give the go-ahead to approach the developer to
discuss the possibility of purchasing the property for parkland, with three in favor, three not, and Lehman
abstaining. HenotedStevenKannerposedaquestioniftherewereanyprojectsthatthecommissionwould
be willing to give up or delay in order to purchase this land. He explained to him that projects are a separate
issue from acquisition, and that the only prioritization done with regard to acquisition was when the
Neighborhood Open Space Task Force ranked this area its number one priority. He noted several Weebet-
Parks and Recreation Commassion
June 13, 2001
Page 2 of 5
Harlocke residents were in attendance. Pruess asked if this was a formal vote in that Monday was a work
session and not a formal meeting (the answer being no). Robyn Shrader stated items need a majority vote to
move them forward to the formal meeting.
Robyn Shrader presented the neighborhood's perspective. She indicated they were disappointed to have the
City Manager interfere in this process and did not realize the City Council got involved in the commission's
work at this level of discussion. She stated she met with Braverman and Siders to discuss the possibility of
purchasing the property. They indicated they would entertain any credible offer and would be willing to sell
the property to the City. She stated they have more than 300 people who are interested in seeing this
pursued and the fact that the Commission has been stopped in its tracks is very frustrating to them. Shrader
indicated she called Senator Harkin's office and they indicated federal LAWCON funds would be available
for this project. She noted this was only one call in one day and wondered what could happen with a
concentrated effort. She urged the Commission to express their displeasure in being disrupted in their work
on behalf of the neighborhood. Pacha stated the Comrmssion's work is to advise, and the City Council is the
body that makes the final decision. Shrader thought there was a policy that if the City Council acts in
contradiction with a recommendation from a commission that dialogue between the two should occur.
Stroh noted this was not the first time the Council has gone against the Commission's recommendation,
noting the cemetery issue.
With respect to LAWCON funds, Trueblood stated this property would be eligible. He noted this is federal
funding, but it is filtered down to each state based on population. States takes one-half and the other half is
put up for competitive grants, with a state committee deciding who receives the funds, not the federal
government. Trueblood noted he sent a letter to the Weeber-Harlocke residents in attendance at the last
meeting to apologize and clarify he would have to receive permission to approach the developer due to the
complex nature of this issue. One of the complications is the fact that a majority of the City Council
supported this land being used for development, therefore to discuss with the developer possible purchase
would have been action contrary to the majority of the City Council. With respect to a policy, Trueblood
noted that in certain instances it takes a super majority to overrule a Planning and Zoning Commission's
recommendation, but the Parks and Recreation Comtmssion is strictly advisory, and there is no policy that
direct dialogue must occur.
Shrader expressed her appreciation for the comnmssion's support. Pacha also expressed appreciation to the
neighborhood for their efforts, noting the venue is now at the City Council level and out of the
Commission's hands.
OAKES SIXTH ADDITION
Trueblood stated Planning staff would like to receive the Commission's preliminary feelings with respect to
the developer's proposaI to dedicate Outlot A consisting of 20 acres, with a water main easement between
lots 9 and 10 and through Outlot A. The land would not be suitable for a neighborhood park due to the
steep and heavily wooded terrain. If the land would be accepted, it would allow the City to get the water
main through without having to purchase the properly and the 20 acres could be preserved or used for
possible nature trails similar to Hickory Hill Park. Endel stated she lives near this area and the problem with
taking the land is its remote location, it is very dense and is a very sloping ravine. She questioned whether it
would be possible to put in nature trails. Cilek questioned the point of taking the property, noting liability
issues. Trueblood stated it would assure that the property is preserved in its natural state. Stroh noted the
sensitive areas ordinance would cover this area. Endel asked what the fees would be in lieu of land
Parks and Recreation Commission
June 13, 2001
Page 3 of 5
dedication. Trueblood noted it was a small development and the fees would be nominal Pruess stated in
the interest of the Parks Division it would just add to their burden of trying to maintain existing parkland
with limited staff. He asked what level of care would be necessary for this type of property. Robinson
stated as far as daily maintenance it would not be a burden, but on a periodic basis it would be a significant
burden due to its remoteness and inability to get equipment into the area if a tree would fall on somebody's
property. Endel felt it was not feasible to construct a trail system and given where it is located, it may
benefit just a few people in the area. She also noted the close proximity of Hickory Hill Park. Cilek stated
the developer cannot develop the land and felt taking the land would be taking on someone else's headache.
Stroh stated it is forested land, with no acquisition costs. Pruess indicated he could be persuaded either way
as far as accepting it or not, noting he was not very excited about it. Pacha noted wooded land in the city
limits is pretty rare and he could also be persuaded to accept it. Pruess noted the Commission did not accept
the Walden Hill property because it was a ravine, even though area neighbors asked the city to accept it. He
questioned why the Commission would accept one ravine and not another. Stroh noted the size of this
property is a factor, with Pacha noting the Walden Hill ravine was very small. Endel felt the commission
should accept the property, noting future development may necessitate obtaining some of this property for
trail purposes. Pruess felt the City may be hard pressed to get a trail along the water main easement, noting
it would be important to construct a low maintenance trail in between the adjacent lots so future owners will
be fully aware of it. Stroh stated the easement could be rewritten to indicate it is a water main and
pedestrian corridor easement. Trueblood stated he would inform the Planning staff the preliminary
consensus of the commission is they may be willing to consider accepting this property, with the caveat that
the easement be rewritten to establish it as a water and trail easement.
FIRST & ROCHESTER
Trueblood indicated this item was not on the agenda, but would like to receive the Commission's
preliminary thoughts. The developer is willing to dedicate two lots off Hickory Trail, plus property in the
floodplain. The land has the frontage to develop a trail along the creek to Outlot A and to land that may be
acquired in the future, and it fits into the Neighborhood Open Space Plan and objectives. The developer
also would like to dedicate Outlot B, but staff is against it because it is a very small ravine that is surrounded
by private property. The consensus of the Commission was they would be willing to consider accepting the
land (other than Outlot B) in lieu of fees.
UPDATE ON CAPITAL PROJECTS
Trueblood gave an update on the following projects:
Mercer Park Concession/Restroom Buildim~
The building is essentially completed, and Babe Ruth has moved in. The outside landscaping and concrete
work needs to be done, with the goal to have it completed this month. The old building will be renovated
in-house.
Skate Park
The schedule is for the public hearing on the plans and specs to be held June 26, bids to be opened July 24,
contract to be awarded July 31, with anticipated completion date to be the first part of November.
Soccer Parkin~ Lot Improvements
The schedule is for the public hearing on the plans and specs to be held June 12, bids to be opened June 28,
contract to be awarded July 10, with the anticipated completion date being August 18.
Parks and Recreation Commission
June 13, 2001
Page 4 of 5
City Park Trails
The schedule is for the public hearing on the plans and specs to be held July 10, bids to be opened July 25 or
26, contract to be awarded July 31, with anticipated completion being late October.
Hunters Run Park
The schedule is for the public hearing on the plans and specs to be held July 10, bids to be opened July 25 or
26, contracted to be awarded July 31, with anticipated completion being next spring.
Hickory Hill Trails
At this time, a specific timetable has not been set. Construction should begin later this summer, with
completion next spring/early summer.
Tennis Court Li~htin~
Staff is waiting to receive information from a sports lighting company, but still hopes to have this project
completed by fall at the latest.
NaOoleon Park
A shelter and playground equipment are being installed.
PlaVl~round EcluiOment
New playground equipment is being installed at North Market Square Park and Oak Grove Park, and the
baby swing set is to be replaced at Highland Park. With respect to the equipment in North Market Square
Park, the Rotary Club ~vill donate funds and is assisting with the installation.
Willow Creek Trail
The west end trail connections should be underway very soon. Pruess asked if the trail would connect to
Tippermy and Shannon as well; Trueblood indicated it would.
Lonofellow Pedestrian Tunnel
The contract was awarded last night; timetable uncertain.
Parking, Lot Iml~rovements
Several parking lots improvements will be completed in the next couple of months, with the lots by the City
Park amusement rides and South Hickory Hill Park being the top priorities.
Sturl~is Ferry Park
General improvements to the park will be completed later this summer - better drainage, improved turf,
better access and some landscaping.
COMMISSION TIME
Cilek asked if there has been any feedback on the no smoking during the Kickers soccer games. Moran
stated he has not heard any complaints. Trueblood noted he has not received any direct feedback, referring
to the positive editorial in the Press-Citizen.
Parks and Recreation Commission
June 13, 2001
Page 5 of 5
Endel stated next month would be her last meeting in that she will be resigning from the commission due to
her moving out of the city limits. She stated her only regret during her tenure was not getting a dog park
established.
DIRECTOR'S REPORT
Trueblood reported on the following:
Peninsula Parka-Iosnice Memorial
Staff met with Hospice representatives who are interested in a linear memorial along the proposed trail
through the Peninsula Park. It may consist of memorial benches, trees, stones and a possible water feature.
The project is in its very preliminary stages. Trueblood asked if the Commission would be supportive of the
idea of staff working with Hospice to integrate a memorial in the park. Pacha asked about the status of
development of the Peninsula Park; Trueblood noted it appears on the unfunded project list, but is starting to
gain momentum and could be moved forward. Cilek asked if any other group has memorials; Pruess stated
Project Green, FIRST and Hospice in Willow Creek Park and Trueblood noted a number of memorial
benches and trees donated by private citizens and the Eric Shaw memorial stone in Hickory Hill Park. The
commission as a whole was supportive of this proposal.
ADJOURNMENT
The meeting adjourned at 5:15 p.m.
PLANNING AND ZONING COMMISSION
JUNE 21,2001 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Ann Bovbjerg, Jerry Hansen, Dean Shannon, Benjamin Chair, Don Anciaux,
Pare Ehrhardt, Beth Koppes
MEMBERS ABSENT: None
STAFF PRESENT: Mitch Behr, Bob Miklo, Shelley McCafferty
OTHERS PRESENT: Kirsten Frey, Frank Mitros, Glenn Siders, Larry Schnittjer, Greg Muilenburg,
Ann Muilenburg, Bob Wolf, Michael Gunn, Jackie Briggs, Lois Anderson, John
Shaw, John Fitzpatrick
RECOMMENDATIONS TO COUNCIL:
1. Recommended approval by a vote of 7-0 the annexation of approximately 26.88 acres of property
located south and east of Scott Boulevard and Rochester Avenue and 6.25 acres of property located
east of Scott Boulevard and south of Lower West Branch Road and rezoning approximately 38.24 acres
from Low Density Single Family RS-5, County Highway Commercial, CH, County Local Government C1
and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres), Medium Density Single-
Family, RS-8 (21 acres), and Low Density Single-Family (RS-5 (6.25 acres) for property located east of
Scott Boulevard and south of Rochester Avenue and Lower West Branch Road. (ANN99-0003) (REZ99-
0017)
2. Recommended approval by a vote of 7-0 the annexation of approximately 95.2 acres of property
located north of Court Street, south of Lower West Branch Road, and east of Hummingbird Lane/Scott
Park Drive, and approximately 10 acres of property located south of Lower West Branch Road and east
of Hummingbird Lane and rezoning approximately 105.2 acres of property from Suburban Residential,
County RS, to Low Density Single-Family, RS-5 (45.08 acres) and Medium Density Single-Family, RS-8
(60.13 acres), for property located north of Court Street, south of Lower West Branch Road, and east of
Hummingbird Lane. (ANN01-0001 ) (REZ01-0004)
3. Recommend denial by a vote of 2-5 (Bovbjerg and Anciaux vote yes) on amendment to the Zoning
Code to allow residential uses on the ground floor of Historic Landmark buildings in the CB-10 Zone by
Special Exception.
CALL TO ORDER:
Chairperson Bovbjerg called the meeting to order at 7:36 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said the vacancies are listed on the bulletin board in the lobby.
ANNEXATION/REZONING ITEMS:
ANN99-0003/REZ99-0017. Discussion on an application submitted by Plum Grove Acres, Inc. for an annexation
of 26.88 acres and rezoning from Low Density Single Family, RS-5, County Highway Commercial, CH, County
Local Commercial, C1 and County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres) and
Medium Density Single Family, RS-8 (21 acres) located at the southwest corner of Scott Boulevard and
Rochester Avenue.
ANN01-0001/REZ01-0004. Discussion of an application submitted by Southgate Development Company to
annex approximately 95.2 acres of property located north of Court Street, south of Lower West Branch Road,
and east of Hummingbird Lane/Scott Park Drive, and to rezone the property from County RS, Suburban
Residential, to RS-5, Low Density Single Family Residential (35.08 acres) and RS-8, Medium Density Single
Family Residential (60.13 acres).
Discussion of annexation of 16.32 acres located on Hummingbird Lane south of Lower West Branch Road.
Planning and Zoning Commission Minutes
June 21,2001
Page 2
Miklo gave staff report for all three items.
He discussed an amendment to each application. The Plum Grove application will include Hummingbird Lane
and the Lou Frank property. Mr. Frank has agreed to be included if there is no cost to him. The Southgate
application has been amended to include property east of Hummingbird Lane.
Miklo briefly referred to the Jeff Davidson memo regarding traffic projects in the area.
Both applications if approved would be subject to a Conditional Zoning Agreement (CZA) as outlined in the staff
report.
Ehrhardt asked for clarification about properties east of Hummingbird Lane and Miklo explained that the State
law allows annexation of land without a property owner's consent, in order to avoid creation of "islands" or
irregular boundaries..
She asked about the impediment of development if these aren't passed.
Miklo said the concern is more the difficulty in annexing property to the east and northeast if these aren't
passed. He explained state law regarding annexation.
Miklo said the County engineer and the City engineer have worked out an agreement for the maintenance of
Lower West Branch Road, He said they anticipate that developers will contribute to the cost of upgrading it to a
City street in the future.
Bovbjerg asked about the procedure for these applications going to the State City Development Board.
Miklo said the first application wouldn't have to go to the state level if Mr. Frank consents to being included in
the annexation. The second application would go to the State because some of the owners are not consenting
to the annexation.
Chait asked about the process of review if State City Development Board sided with Hummingbird Lane
property owners.
Miklo clarified the process. He said that the State reviews annexations if they include property for which the
owner has not consented to the annexation.
Public discussion open:
Kirsten Frey, 2011 Rochester Avenue said she represents Plum Grove acres and is available for questions.
Bovbjerg asked about the movement of the road in the concept plan.
Frey said the relocation of the road was done with consultation with the City to avoid cut through traffic.
Bovbjerg asked if everyone agreed to the Conditional Zoning Agreement.
Frey said yes and if they deviated from the concept plan they would have to come back before the Commission.
Glenn Siders, PO Box 1907 of Southgate Development said the subject property is in a targeted growth area.
They have met the guidelines of the Comprehensive Plan. All of the lots they are proposing are single family.
They are in agreement with the CZA.
Greq Muilenburq, 3736 Humminqbird Lane, said they do not want to be annexed. He said their tax rate would
increase from 21.6 mills to 33.1 mills. He said there is a precedent for not being annexed because of a parcel of
land in the middle of the Windsor Ridge subdivision that is still in the County, He said at the least they should
not be annexed until the City can provide services. He said he is concerned about the smaller lots that will be
developed adjacent to his one-acre lot. He said these smaller lots would be detrimental to their home value.
Chair asked if MuUenburg was aware of the gradual increase in taxes over five years.
Muilenburg said yes,
Planning and Zoning Commission Minutes
June 21, 2001
Page 3
Frank Mitros, 3710 Humminqbird Lane asked if particular property owners were notified.
Mikb said all property owners were notified by mail.
He said they were not notified about the Northeast Area District Planning meetings.
Miklo said everyone in that area was notified at the address on file with the City and County Assessors offices.
Mitros said the address on file may have errors.
Mitros asked about water runoff and his concern about increased runoff with development.
Miklo said development would have to comply with the City's storm water management ordinance, which
attempts to ensure storm water doesn't affect adjacent property owners.
Mitros asked if they would see a concept plan for the larger 88-acre parcel.
Miklo explained that they would have to comply with the Northeast Area District concept plan and that normally
a concept plan for RS-5 and RS-8 zoning is not required. A concept plan was submitted for the Plum Grove
application because of the likelihood for Planned Development Housing and the commercial development.
Mitros asked about maintenance of the north end of Hummingbird Lane.
Miklo said the City engineer said it would be chip sealed upon annexation.
Bovbjerg asked if that is when the City would provide trash service.
Miklo said there is a one-year transition period so current contracts with private haulers can be honored.
Ehrhardt said the extra taxes are not for services.
Miklo said taxes pay for City services like parks, library, fire and police protection. He said user fees are
collected to pay for water, sewer and refuse services
Muilenburg said they have excellent trash service now so he doesn't know what they are getting for the increase
in taxes.
Shannon asked when those residents might get water and sewer service.
Miklo said it would depend on the pace of development. He said it is possible the City would build the trunk line
and charge developers to tap in. He said the earliest would probably be in two years, more likely five years.
They wouldn't be required to hook in for twenty years. He said water lines are currently located in Hummingbird
Lane and most of the property owners may tap into City water service upon annexation.
Ann Muilenburq, 3736 Humminqbird Lane said they don't need the services the City has to offer. She said the
size of the lots that are proposed are much smaller than theirs and she doesn't think that helps the va~ue or the
beauty of their property. She said she realizes they will be annexed at some point but she would rather they not
be annexed until there is city there.
Ehrhardt asked if Muilenburg understood the problem for development in the northeast if their property is not
annexed.
Muilenburg referred to the property in Windsor Ridge that is not annexed.
Miklo addressed the Windsor Ridge property. He said state law changed a number of years ago to avoid just
such a situation. He said the state recognized the problem of having little pieces of County in the City.
Muilenburg said she would like to see a concept plan for development adjacent to them.
MiKIo said it would come back to the Planning and Zoning Commission for a subdivision. He said the Conditional
Zoning Agreement means they must conform to the Northeast District concept plan.
Planning and Zoning Commission Minutes
June 21,2001
Page 4
Bob Wolf, 3732 Humminqbird Lane said the cost of their wells and septic systems was a big investment and
they have no interest in City water. He asked for clarification on the grace period.
Miklo explained the grace period. He said they would not be required to hook into City sewer and water service
for a period of 20 years.
Wolf said he would like another meeting to discuss the pros and cons and wants the Commission to take its
time. He said he is concerned about the proposed density and lot sizes around them.
Larry Schnittier, 1917 South Gilbert spoke about the Southgate development and that storm water management
is required. He spoke about the Lou Frank agreement. He said Frank was not excited about being annexed but
he is not opposed to it if properties on Hummingbird Lane are also annexed. He said Frank would withdraw his
consent to annexation if the properties east of Hummingbird Lane are not also annexed.
Hansen asked when development wou~d begin.
Schnittjer said they could not begin until sewer is in place. He said it might speed up development if the Care
Center is annexed.
Hansen asked if Southgate is ready when the City is.
Schnittjer said yes.
Bovbjerg asked about water.
Schnittjer said storm water management is required and you cannot change the course of a stream.
Behr said when development occurs it will come back as a subdivision before the Commission for review.
During that review storm water management plans will be approved by the City.
Shannon spoke of Bob Downer's comments from last meeting that the Care Center is in favor of being annexed.
He asked if that would speed up development.
Schnittjer said if the City is concerned enough about the Care Center sewer system, it could accelerate
installation of sewer routes.
Chait said he thought Downer didn't say they would initiate sewer, but that they would hook up when it is
available.
Anciaux asked if the wells on Hummingbird Lane properties are sufficient for fire protection.
Muilenburg said they are large enough. He doesn't think the fire department can hook in.
Mitros spoke again about storm water concerns, He said there is a difference between a law that it needs to be
taken care of and if it can actually be done. He spoke of his sump pump not being able to handle more.
He asked if it is possible to negotiate that they would allow themselves to be annexed at such time as property
north of Southgate property and east of Plum Grove property is annexed.
Miklo said he doesn't know if state law provides for that.
Chait asked about time constraints if a decision were deferred to address Wolf's request for more discussion of
the issues,
Miklo said that Hummingbird Lane property owners and the Commission have a detailed letter, which he
believes makes the issues very clear. He said the staff could attempt to explain it again, but he felt it was spelled
out clearly.
Siders said time is of the essence and they should have closed the sale yesterday. He said they don't have a
concept plan. They simply don't know enough about the contours of the property. They do have the Northeast
District concept plan and are obligated to follow that, He said they would most likely begin in spring of 2002. He
said they still have the subdivision process ahead of them.
Planning and Zoning Commission Minutes
June 21,2001
Page 5
Bovbjerg asked about sewer being put in when they begin.
Siders said it is not likely they would put sewer in for themselves alone.
Chair asked if they were planning straight subdivision or a PDH.
Siders said they would avoid a PDH like the plague.
Hensen asked about a start time for Plum Grove.
Frey said she didn't know. She said if the Care Center were interested in being annexed they might work with
them.
Muilenburg asked if not annexing Hummingbird Lane would impede development of the other parcels.
Miklo said no.
Muilenburg said the only reason then to annex is because they are small enough to take in.
Miklo said it is to avoid a service island and irregular boundaries, and to avoid annexation difficulties in the
future.
Public discussion closed.
MOTION: Anciaux moved to approve ANN99-0003/REZ99-0017, an application submitted by Plum Grove
Acres, Inc. for an annexation of 26.88 acres and rezoning from Low Density Single Family, RS-5, County
Highway Commercial, CH, County Local Commercial, C1 and County Multi-Family, R3A to Community
Commercial, CC-2 (10.99 acres) and Medium Density Single Family, RS-8 (21 acres) located at the
southeast corner of Scott Boulevard and Rochester Avenue and annexation of approximately 6.25 acres
located south of Lower West Branch Road including and west of Hummingbird Lane and rezoning this
property to RS-5. Ehrhardt seconded the motion.
Shannon asked for clarification of what would happen in the Windsor Ridge situation if it happened today.
Miklo said if it happened today the small area would likely be annexed to avoid an island or irregular boundary.
Bovbjerg expressed the intent of the Commission to include in the motion the Conditional Zoning Agreement as
set out in the staff report.
The person that made the motion and the person that seconded both agreed to include in the motion the
conditions of the staff report.
The motion carried on a vote of 7-0.
MOTION: Anciaux moved to approve ANN01-0001/REZ01-0004, an application submitted by Southgate
Development Company to annex approximately 95.2 acres of property located north of Court Street,
south of Lower West Branch Road, and east of Hummingbird Lane/Scott Park Drive, and to rezone the
property from County RS, Suburban Residential, to RS-5, Low Density Single Family Residential (35.08
acres) and RS-8, Medium Density Single Family Residential (60.13 acres) and annexation of
approximately 10 acres located south of Lower West Branch Road and east of Hummingbird Lane and
rezoning this property to RS-5, subject to the conditions outlined in the staff report. Shannon seconded
the motion.
Ehrhardt said it is a difficult decision but their charge is to look at what is best for the whole of City. She said that
it is unfortunate that the four properties on Hummingbird Lane would be annexed without the owners consent,
but that was best for the long-term interest of the overall city.
Shannon said he likes the Northeast District concept plan and he believes it will be followed as closely as
possible.
Bovbjerg said her comments are similar to Ehrhardt's because it is a good way for the City to grow. She
believed that the properties orl Hummingbird Lane benefited from most city services and could use all city
services in a few years.
Planning and Zoning Commission Minutes
June 21, 2001
Page 6
The motion carried on a vote of 7-0.
CODE AMENDMENT ITEMS:
Discussion of an amendment to the Zoning Code Section 14-6E-8, G 3, Special Provisions to allow the Board of
Adjustment to permit alternative uses of Historic Landmark Buildings.
Miklo gave staff report. He said they are proposing the amendment to allow residential uses on the first floor of
certain Iowa City landmarks in the Central Business zone (CB-10). It would be an exception approved by the
Board of Adjustment if certain criteria were met.
He said this is in response to a memorandum from Jim Clark that outlines the difficulties of developing the
Carnegie Library. He said the Comprehensive Plan calls for some zoning flexibility for landmark buildings. He
said the amendment provides safeguards to assure that retail storefronts are not displaced. The Board of
Adjustment would review these on a case-by-case basis.
He said the Commission had asked if they could craft an item to address separately a historic building from the
remaining lot and/or a non-historic building.
Behr said the amendment as drafted does allow the distinction to be made on a case-by-case basis by the
Board of Adjustment. He said making that distinction in the code might be counter to the purpose of the
amendment which is to provide flexibility and promote continued use of a landmark structure.
Ehrhardt asked if the Board of Adjustment has the same mind set as the Commission.
Miklo said it is similar in that the Board uses the Comprehensive Plan and zoning ordinance to guide its
decisions but the Board makes decisions regarding special exceptions and variances rather than making a
recommendation to the City Council.
Miklo showed a map illustrating the CB-10 zone and the six historic landmarks currently in that district. He went
through all six, listing three that could be considered for ground floor residential and three that couldn't give the
requirements of the proposed ordinance.
He said the draft ordinance applies to very few properties and therefore there would be no detriment to the
commercial character of downtown. He said there are a few unique properties where flexibility is in order.
Michael Gunn, Chair, iowa City Historic Preservation Commission, 1011 Sheridan Avenue said per the
downtown survey there are approximately 43 properties that are eligible for the National Historic Register, which
has more rigorous requirements than iowa City landmark status does. He said almost all were originally for
commerce and still are.
Ehrhardt asked how many were not originally commercial.
Gunn said eight and listed them. They include the Press-Citizen Building, the Commerce Center (Elks), the
Episcopal Church, the Vogel House, the Van Patten House, the Masonic Hall, and the Carnegie Library.
Ehrhardt expressed concern about separate buildings on a lot designated historic.
Gunn said their guidelines provide for approval of a new building before approval of demolition. He said
separating the historic building from the remainder of the property in this zoning amendment is not a good idea
as it would limit the Historic Preservation Commission's ability to assure the new building is compatible with the
landmark.
Chair asked about the Senior Center (old post office) and the review of design.
Miklo said it is not an Iowa City landmark so this would not apply.
Public discussion open:
Jackie Briqqs, 714 North Johnson Street, said she is the Executive Director of Friends of Historic Preservation.
She distributed a letter from Joyce Barrett, Executive Director of the Iowa Historic Preservation Alliance.
Planning and Zoning Commission Minutes
June 21,2001
Page 7
She said Friends of Historic Preservation supports the amendment because it provides for the preservation of
historic buildings and adoptive rouse.
John Shaw, 437 South Summit, said he is the project architect for the Carnegie Library. He said we owe it to
ourselves to preserve our culture. He said these buildings would come down if a viable use cannot be found for
them.
Lars Anderson, 45 Heron Circle, represents South Linn partners. He spoke in favor of the amendment. He said
it empowers the Board of Adjustment to make a determination whether an exception is appropriate. He said
anything that needs a permit requires Historic Preservation Commission review. He said the amendment gives
property owners the ability to preserve and maintain historic landmarks.
Anciaux asked if South Linn is interested in elderly residences on the first floor.
Anderson said they would not be interested.
Ehrhardt said she is not convinced there couldn't be commercial on the first floor.
Anderson said there are parking and cost concerns for commercial and it is much more expensive to build for
commercial. It is difficult to rent commercial space if it does not have parking.
Public discussion closed.
MOTION: Shannon moved to approve an amendment to the Zoning Code Section 14-6E-8, G 3, Special
Provisions to allow the Board of Adjustment to permit alternative uses of Historic Landmark E~uildings.
Ehrhardt seconded the motion,
Hansen said that in order for him to approve a code amendment he has to feel there is a need for it. He said
he's having a hard time finding a need for this amendment. He said the City has spent millions of dollars trying
to make it viable again for business; he suggested that if we kicked out half the bars the City would get the
businesses coming back. Hansen said a lot of people have invested a lot of money in new structures in
downtown and have played by the old rules (i.e., the zoning code) and they are now sitting there with their
commercial space [standing empty]. Hansen said if the bar problem gets solved the downtown commercial
problem would be solved as well.
Hansen pointed out that the option of senior housing on the ground floor already exists as a permitted use in the
CB-10; he believes this option should be explored. This option does not rely on anyone's word, it can be done
under current rules, and people should be a little more creative with how they market their structures. Hartsen
suggested that every time somebody could not think of a way to fill their commercial space they sought an
amendment to the rules. Hansen said he doesn't think an amendment is necessary in this situation and he
would vote against it.
Chait said he is a big supporter of the Historic Preservation Commission and the work they do. Chair said the
Clark family has done an incredible job over the last twenty-five years of growing with the community; the most
recent structures they have built have been significant contributors to the character of the City. Chair said he
would be voting against the amendment for reasons different than Hansen's. Chair stated that he is on the
Planning & Zoning Commission, not HPC. Chait said his commitment is to the CB-10 zone and the urban fabric
of the downtown; the commitment of the City is to provide CB-10 use and reuse. Chait said he was worried
about starting a pattern of adaptive reuse that could detrimentally alter the fabric of the downtown. He informed
the Commission that because "things change," he would be willing to lose the Carnegie Library--if reuse is not
economically viable--in the interest of preserving the City's commitment to the CB-10, to continue providing the
kinds of uses it was intended for in the interest of preserving the urban fabric. He thinks the architect, designer
or property owner can and should be more creative in their approach. Hansen said the Clarks have the option of
having elderly housing on the first floor, he said that if the Commission gives them their way they are preventing
the building from serving a commercial use. He added that he hopes the building can stay.
Ehrhardt said she also supports historic preservation and she would not want to erect barriers to designation of
landmarks, but she agrees with Chait that the Commission's charge is the preservation of the downtown.
Ehrhardt doesn't want the downtown to be student housing and bars; she said she sees that being its future
unless P&Z works hard to prevent it. Ehrhardt said she would be voting against the amendment.
Anciaux said when they discussed the Carnegie Library he was most concerned about the developer buying the
building and the Commission putting a landmark designation on it that went along with Historic Preservation.
Planning and Zoning Commission Minutes
June 21,2001
Page 8
He's happy to see the developer trying to restore it himself and if he needs some help the City should support
him. He will support this amendment.
Koppes said she's not comfortable with it because she doesn't want to change the fabric of downtown.
Shannon said he's been concerned about the empty storefronts. Residential does not solve all the problems.
Bovbjerg said the amendment to the zoning code provides for exceptions in rare instances. She said it allows
people to work with difficult historical properties and make them viable.
The motion failed on a vote of 2-5. Bovbjerg and Anciaux voted for it.
Discussion of letter from Northside Neighborhood Association regarding site plan review ordinance.
Miklo said the original site plan ordinance included language requiring that infill development be compatible with
existing neighborhoods. The language addressed building placement and height in relationship to neighboring
properties. At the request of the Home Builder's Association, the Commission struck the language from the
ordinance. A recent project on Bloomington Street includes a parking in the front yard in a neighborhood where
all other parking is in the back of buildings. The City turned down the site plan because it was not compatible
with the neighborhood. The owner appealed to the Board of Adjustment. The Board felt the site plan language
did not have strong enough language pertaining to neighborhood compatibility to allow the City to deny the
permit. In response to the situation the North Side Neighborhood wrote the letter asking for a review of
neighborhood compatibility language. Miklo said staff felt this would be best addressed in the Code rewrite
which will occur over the next two years.
Ehrhardt asked for the original and ordinance language.
Miklo said he would provide that.
Bovbjerg suggested discussing this at a meeting in the near future.
Public discussion open:
John Fitzpatrick, 721 North Linn, said he chairs the traffic and parking committee of the Northside Neighborhood
Association. He said a recent project on Bloomington Street which is incompatible with the established
neighborhood demonstrates the need for neighborhood compatibility language in the code. They are concerned
that another situation could occur before the entire code is reviewed.
Public discussion closed.
Hartsen moved to approve the minutes of the May 17, 2001 Planning and Zoning Commission meeting
as written. Shannon seconded the motion. The motion carried on a vote of 7 - 0.
ADJOURNMENT:
The meeting was adjourned at 10:22 p.m.
Dean Shannon, Secretary
Minutes submitted by Diane Crossett
ppdadm~n/mln/p&z06-21-01 dec
MINUTES j 07-31-01
F, LANN NG AND ZONING COMMiSSiON 2b(10}
JULY 5, 2001 - 7:30 P.M. SIIh, j~Ct tO. ppr0val
EMMA J. HARVAT HALL ....
MEMBERS PRESENT: Ann Bovbjerg, Jerry Hartsen, Dean Shannon, Don Anciaux,
MEMBERS ABSENT: Elizabeth Koppes, Benjamin Chair, Pam Ehrhardt
STAFF PRESENT: Mitch Behr, Bob Miklo, John Yapp, John Adam (Planning Intern)
OTHERS PRESENT: Larry Schnittjer, Mark Danielson, Daniel Kitchen
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 4-0, SUB01-0007, an application submitted by Arlington L.C. c/o
Gary Watts for a final plat of Stone Bridge Estates Pad One, a 4.93 acre, 16-lot with one out-lot
residential subdivision located north of Court Street and west of Taft Avenue.
CALL TO ORDER:
Chairperson Bovbjerg called the meeting to order at 7:34 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg announced vacancies on the following: Human Rights Commission, Police Citizen Review
Board, Housing and Community Development Commission and Parks and Recreation Commission.
DEVELOPMENT/ZONING ITEM:
REZ01-00011/SUB01-0008. Discussion of an application submitted by Oakes Construction for a rezoning
from Rural Residential, RR-1, to Sensitive Areas Overlay-Low Density Single Family Residential, OSA-5,
and a preliminary plat of Dean Oakes Sixth Addition, a 30.11 acre, 18-1ot residential subdivision located at
the west end of Bristol Drive.
Yapp gave the staff report. He showed the area proposed to be subdivided on the overhead and said the
applicant is planning to dedicate approximately twenty acres of the thirty-acre property as public open
space. The area contains critical and protected slopes, a stream and woodland so it is required to have a
sensitive areas overlay zone. Approximately ten acres would be subdivided into 18 single-family lots. The
Parks and Recreation Commission has recommended that twenty acres be accepted as open space.
Although much of the area is too rugged for active park space, it is suitable for hiking trails. The open
space also provides a buffer between the proposed development and Interstate-80. This buffer and biking
trails in area both part of the North District Plan.
The North District Plan indicates larger lots in this area because at that time it wasn't expected this area
would be sewered with City sewer. By constructing a lift station, the applicant is making it possible for
more lots to be created. Yapp said staff feels the construction of the sewer lift station is better for the City
because the lots will not use septic systems for treatment. The use of septic systems is not encouraged
within the City due to their potential to contaminate ground water systems.
The North District Plan speaks to the need for secondary access for this neighborhood. He said staff
looked at whether secondary access is required and explained the formula for determination. Staff is
recommending secondary access not be required for this subdivision. The North District Plan shows two
street extensions that would provide secondary access for this neighborhood in the future extension of
Oakes Drive and Bristol Drive.
Yapp said the City is planning to extend the water main through this property to extend to the new water
plant. As part of that, an approximate 40-foot width of trees will be cleared.
Planning and Zoning Commission Minutes
July 5, 2001
Page 2
Yapp outlined technical deficiencies of the plat as indicated in the staff report. He said City recommends a
conservation easement to be shown over the woodlands and retained. Staff is recommending deferral
until deficiencies are resolved.
Shannon asked who would own the lift station.
Yapp said the City would accept it once it was constructed.
Anciaux asked how big a lot has to be to be on a septic system. Yapp said 40,000 square feet or almost
an acre.
Shannon asked about the buffer between housing and Interstate 80.
Yapp said outlot A, which is a wooded area south of 1-80, would accomplish this buffer.
Hartsen asked where the water main is
Yapp illustrated it on the map.
Hansen asked about the 40-foot width of tree removal near the Williams pipeline.
Yapp said the pipeline has an easement over it and can't be encroached upon.
Bovbjerg asked what is allowed on that easement.
Yapp said gardens are, but typically no woody vegetation or structures.
Bovbjerg said it seemed like the walkway would be in the easement.
Yapp said the walkway would be in outlot A and showed on map where pipeline and walkway would be.
Bovbjerg expressed concern about residents knowing where the pipeline is.
Yapp said Williams Pipe Line Company regularly goes through to remove growth.
Bovbjerg asked if the tree removal calculation is after the City takes out trees for the water line.
Yapp said it is.
Bovbjerg said the traffic concern is still at Dubuque Road, but that it's still just certain times of day.
Bovbjerg asked about the route of the sewer and how it works.
Yapp explained the flow and function of the lift station and sewer system.
Bovbjerg asked if there's any chance of it overflowing in the ravine.
Yapp said there is no more risk than any other pump station and that it would be under City jurisdiction.
Therefore there would be scheduled maintenance. He said it is much safer than a septic system. He
explained that it is being constructed to accommodate other homes in the area which are currently on
septic systems, that may tie into this lift station in the future.
Public discussion open:
Larrv Schnittjer, 1917 South Gilbert Street, said the lift station has a large capacity storage facility built
into them and an alarm system built into them that would notify the City if there is a problem. He said it is
possible to bring in portable pumps if there's a problem, so there are extra safeguards built in.
Public discussion closed.
Planning and Zoning Commission Minutes
July 5, 2001
Page 3
MOTION: Hansen moved to defer REZ01-O0011/SUB01-0008, an application submitted by Oakes
Construction for a rezoning from Rural Residential, RR-1, to Sensitive Areas Overlay-Low Density
Single Family Residential, OSA-5, and a preliminary plat of Dean Oakes Sixth Addition, a 30.11
acre, 18-1ot residential subdivision located at the west end of Bristol Drive. Shannon seconded the
motion.
The motion carried on a vote of 4-0.
DEVELOPMENT ITEMS:
SUB01-0007. Discussion of an application submitted by Arlington L.C. c/o Gary Watts for a final plat of
Stone Bridge Estates Part One, a 4.93 acre, 16-lot with one out-lot residential subdivision located north of
Court Street and west of Taft Avenue.
Yapp gave staff report. He said the preliminary plat for Stone Bridge Estates Part 1 was approved in April
2001. He said the proposed final plat is consistent with the preliminary plat.
He said open space fees would be accepted in lieu of open space.
He said many of the lots proposed for this subdivision are less than 8,000 square feet, the minimum lot
size in the RS-5 zone. The RS-5 zone allow for averaging the lot sizes so the overall density does not go
above five units per acre, with the condition that no lot be less than 7,200 square feet, or more than
15,000 square feet. The proposed plat meets these requirements.
Bovbjerg said the lot to the west of outlot A is RS-8 and she would like to see a trail there.
Yapp said the developer is open to trails and has done them elsewhere. He said the concept plan for the
larger neighborhood shows some trail connections.
Shannon asked about the recent annexation that would go to the edge of this property.
Yapp illustrated where the annexation is in relation to this property.
Shannon asked about the street layout.
Yapp said it would become a modified grid street system with a number of connections with Lower West
Branch Road.
Anciaux asked about the averaging of lot sizes.
Yapp said the average includes streets.
Hansen asked about the concept plan for the northeast district and the town square idea. He would like to
see how each developed piece fits into that plan.
Yapp said they don't expect the subdivisions to follow the concept plan exactly, but the concept plan for
the larger neighborhood that was distributed to the Commission with the preliminary plat seemed to
generally follow the Nodheast District Plan.
Miklo said this has many features of the Northeast District Plan.
Public discussion open:
Larry Schnittjer said he was available for questions.
Hansen asked if the applicant had considered dedication of one lot for affordable housing.
Schnittjer said he is not aware of that.
Planning and Zoning Commission Minutes
July 5, 2001
Page 4
Public discussion closed.
MOTION: Anciaux moved to approve SUB01-0007, an application submitted by Arlington L.C. c/o
Gary Watts for a final plat of Stone Bridge Estates Part One, a 4.93 acre, 16-lot with one out-lot
residential subdivision located north of Court Street and west of Taft Avenue. Shannon seconded
the motion,
Bovbjerg said she was glad Hansen brought up affordable housing and thinks it is a good idea.
Hansen said as they rewrite the code he would like the Commission to look at shared responsibility for
affordable housing.
The motion carried on a vote of 4-0.
SUB01-00011. Discussion of an application submitted by Saltzman Enterprises LTD. For a preliminary
and final plat of Saltzman Subdivision, a 2.8 acre, 3-lot commercial subdivision located east of Riverside
Drive south of Benton Street.
Miklo introduced John Adam a graduate student and intern with the City, who gave the staff repod.
Adam said the applicant is requesting a preliminary and final plat of Saltzman Subdivision, a re-
subdivision of Sturgis Corner Addition, Lot 2 plus two lots with boundaries contiguous with Sturgis Corner
Addition. The proposed subdivision is an approximately 2.8-acre, three-lot commercial subdivision located
south of Benton Street on the east side of South Riverside Drive. Lots 1 and 2 have already been
developed. No development has been proposed or indicated for Lot 3.
He said the proposed preliminary plat appears to be in general conformance with the City's subdivision
regulations. However, staff recommends deferral until the deficiencies noted on the staff report have been
corrected.
The subdivision of this property provides an opportunity to address the aesthetic and traffic-related issues
by reducing the number of vehicular access points. Staff discussed the possibility but, given the location
of the existing buildings, could not find a reasonable way to consolidate the entryways.
The preliminary plat does not indicate public access or frontage for Lot 3, which would inhibit emergency
vehicle access to the 1or and may deter development of it.
The 100-year flood plain extends over a portion of Lot 3, as indicated on the plat. A sensitive areas site
plan will be required for any development on Lot 3 because that property is within the Iowa River Corridor.
The City may be interested in obtaining an easement within the 50-foot stream corridor buffer zone for the
purposes of extending the Iowa River Corridor Trail along the west side of the river.
Shannon asked about problems in this area of sinkage and methane due to the City dump being there
previously.
Adam said precautions would need to taken if a building is placed on Lot 3.
Miklo said it would be up to the individual builders to make sure the foundations are adequate.
Bovbjerg recalled that a soil analysis was done for other subdivisions in this area.
Miklo said he could check the files.
Bovbjerg asked if lot 1 and 2 have been there awhile and been constructed on, where has lot 3 been all
this time.
Adam said lot 3 is what is left over from Sturgis Corner subdivision in 1977. He illustrated on the map the
separate lots.
Planning and Zoning Commission Minutes
July 5, 2001
Page 5
Bovbjerg said it looks like an easement could be possible for the river walkway.
Hansen asked about the possibility of a stoplight at Sturgis Corner and Highway 6.
Yapp said he is not aware of those discussions. He said traffic from this area would exit onto Riverside
Drive, using the Payless drive.
Hansen said he would like to know the parameters for putting a stoplight in at that intersection.
Yapp explained the study that determines need for a signal.
Anciaux clarified the location of exits currently and for proposed development in reference to Hansen's
question about lights.
Hansen said any traffic that enters onto Highway 6 would cause the same problems as people entering
from Sturgis Corner.
Yapp said the City doesn't allow individual driveway access onto arterial streets because of this type of
situation.
Shannon said the land is landlocked except for easements cutting through Payless.
Yapp said that was correct and there is no frontage to City streets.
Anciaux asked if the owner has any specific plans,
Adam said that was not known.
Bovbjerg asked if this application would increase parking.
Adam said it incorporates what is already there.
Anciaux asked for clarification of the lot lines.
Adam pointed them out.
Public discussion open:
Larry Schnittjer said regarding the easement, Mr. Saltzman said he did not want to give the City an
easement but he would not be opposed to the City acquiring an easement. He said Saltzman owns the
structures and wants to redefine the lot lines to alleviate confusion if property is ever sold.
Hansen asked about the trail easements the City already has on either side of this property.
Yapp showed on the map where the easements exist. He said they need easements from the Mumm's
property and the Saltzman properties.
Hansen asked about the trail proximity to the river by Mumm's.
Yapp said it would be similar to behind Linder Tire so a retaining wall would have to be built,
Hansen said he'd like to see trail easement in deficiencies of the application.
Miklo said legally the City cannot require it.
Yapp said the trail project is an unfounded project and is years away.
Anciaux asked if the property owner has recourse to obtain adequate compensation.
Yapp said yes.
Planning and Zoning Commission Minutes
July 5, 2001
Page 6
Yapp said there is a 50-foot buffer from the river.
Shannon asked about trail at the bridge.
Yapp said it would go under the bridge.
Hansen asked the cost of the easement acquirement.
Yapp said they would need an appraisal.
Anciaux asked how wide the trail is.
Yapp said 10 feet wide.
Anciaux said it would fit easily in the 50-foot buffer.
Anciaux said he thought an easement in this buffer would be fairly inexpensive.
Yapp said it varies from case to case.
Mark Danielson, 222 South Linn Street said the owner has no intentions to develop lot 3 and that they
want to clarify boundaries.
Public discussion closed.
MOTION: Shannon moved to approve SUB01-00011, an application submitted by Saltzman
Enterprises LTD for a preliminary and final plat of Saltzman Subdivision, a 2.8 acre, 3-lot
commercial subdivision located east of Riverside Drive south of Benton Street, subject to a note
on the plat to be included stating that the storage shed belonging to the Ground Round be
removed from the utility easement prior to any construction on Lot 3. Anciaux seconded the
motion.
Hansen said he's not comfortable approving until they work out an easement.
Anciaux said he's comfortable they could attain an easement at a later date.
Shannon said holding this up is not the way to get the easement. He's confident they will get it.
Bovbjerg said she doesn't think the easement is a problem and they have no legal leverage.
Miklo said they are within their time limitation for making a recommendation on the plat, so the
Commission could defer this to the July 19 meeting if they wanted more time to clarify issues.
Hansen asked if a 3-1 vote would kill the motion.
Miklo said no. He said a minimum of 4 votes is necessary to approve a rezoning but not a subdivision.
Shannon asked about approving subject to easement as a condition.
Miklo said he didn't think that's a good "subject to".
Behr said the easement is not a requirement of the subdivision ordinance that has been met by applicant.
Shannon and Anciaux withdrew their motion for approval and second.
MOTION: Shannon moved to defer SUB01-00011, an application submitted by Saltzman
Enterprises LTD for a preliminary and final plat of Saltzman Subdivision, a 2.8 acre, 3-lot
commercial subdivision located east of Riverside Drive south of Benton Street, subject to a note
on the plat to be included stating that the storage shed belonging to the Ground Round be
Planning and Zoning Commission Minutes
July 5, 2001
Page 7
removed from the utility easement prior to any construction on Lot 3. Anciaux seconded the
motion. The motion carried on a vote of 4-0.
CONSIDERATION OF JUNE 21, 2001 MINUTES.
Anciaux moved to approve the minutes of the June 21, 2001 Planning and Zoning Commission
meeting as written. Shannon seconded the motion.
Hunsen said he is concerned about what's in the minutes. He said he's concerned that the public hears
exactly what they say and how they've said it. He pointed out places where what he said wasn't in
minutes. He said he wants full disclosure. Hunsen said if they could get complete version to City Council
he'd be happy.
Miklo said they don't typically do transcription word for word or it would go on and on but he would have
Crosserr listen to the tape recording again to add more detail.
Anciaux and Shannon withdrew their motion to approve minutes and second.
MOTION: Anciaux moved to defer approval of minutes. Shannon seconded the motion. The
motion carried on a vote of 4-0.
OTHER:
Miklo referred to a letter from Tindal and Kitchen, PLC regarding 839 First Avenue South, Iowa City. He
explained how small animal clinics are zoned in a variety of commercial zones. He said in the Community
Commercial zone small animal clinics must be at least 200 feet from a residential zone. The letter writer
has asked that the Board of Adjustment be allowed to reduce this requirement.
He asked if the Commission feels this requires further study and should it be part of the overall code
review or if it's serious enough for study to determine if code amendment is needed.
Anciaux asked if Board of Adjustment has a lot of leeway in cases like this.
Miklo said they could not approve reducing the buffer unless the Zoning Code was amended first.
Yapp explained the reason for the buffer is for noise and odor and that similar standards are found in
zoning codes across the country.
Bovbjerg asked if traffic is a concern.
Miklo said no more than other permitted uses.
Hunsen asked if this amendment would be only for pet clinics.
Miklo said yes.
Anciaus said he wouldn't want to be within 200 feet of a vet clinic.
The general consensus of the Commission was that it be looked at in the regular code review, but that a
study of the issue was not needed at this time.
Public discussion open:
Daniel Kitchen, 509 South Iowa Avenue, Washinqton, Iowa explained the reason for the request and his
client's intentions. He said because it is cats only, there would be no noise or odor. He said they want to
achieve ownership soon.
Anciaux asked if his client is in business now.
Kitchen said he is in business in Cedar Rapids and lives in Iowa City.
Planning and Zoning Commission Minutes
July 5, 2001
Page 8
Public discussion closed.
Anciaux said people have bought residences within 200 feet of this property, He would not like to change
the rules at this point.
MOTION: Shannon moved to consider this when code is revised. Anciaux seconded the motion.
The motion carried on a vote of 4-0.
Hansen announced that Wetherby Friends and Neighbors will have movies in the park on July 21st from
7:00 - 10:30 pro,
ADJOURNMENT:
The meeting was adiourned at 9:17 p.m.
Dean Shannon, Secretary
Minutes submitted by Diane Crossett
ppdadm/n~n/p&z07-05-01 .dec
RULES COMMITTEE MEETING
July 6, 2001
Committee Members Present: Lehman, Champion
Staff Members Present: Karr
Others: Asst. City Atty. Dulek; City Clerk Karr
Animal Care and Adoption Center Advisor,/Board By-Laws
Assistant City Atty. Dulek present for discussion. Major changes outlined included: a
name change; establishing regular meeting schedule including annual meeting and
election of officers; sets terms of members to expire January 1, and provides for
staggered term of Iowa City and Coralville appointments.
The Rules Committee recommends approval of the changes as approved by the Board on
March 28, 2001.
Police Citizens Review Board By-Laws
City Clerk Karr noted the change would move the expiration dates of all terms to
September 1, rather than May 1.
The Rules Conunittee unanimously recommends approval of the change as approved by
the Board on May 8, 2001.