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HomeMy WebLinkAbout2006-04-18 Bd Comm minutes ?\QV\I\;()Cj '* 2oC'\.((\~ ~C'<\""iSS"OI'\ MINUTES EMMA J. HARVAT HALL CONFERENCE ROOM MARCH 2, 2006 I1:!r APPROVED MEMBERS PRESENT: Dean Shannon, Don Anciaux, Ann Freerks, Wally Plahutnik, Beth Koppes, Bob Brooks, Terry Smith STAFF PRESENT: Bob Miklo, Karen Howard, Sunil Terdalkar, Mitch Behr OTHERS PRESENT: Larry McChesney, Lawrence Kent, Bob Burns, Steve Gordon, Greg Van Dusseldorp. Larry Schnittjer, John Brehm RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 7-0, REZ05-00026/SUB05-00019, a rezoning to amend the Planned Development Housing Overlay Plan (OPDH-12) and a preliminary plat of Silvercrest Part 3 to allow the development of up to 116 multi-family residential units on 12.17 acres located at American Legion Road and Scott Boulevard with a variance in the height limit of up to 47-feet to allow for the underground parking. Recommend approval, by a vote of 7-0, REZ06-00003, a rezoning of approximately 1.51-acres of property from Interim Development Multi-family Residential (ID-RM) to Low Density Multi-Family Residential (RM-12) located on Kountry Lane SE with substantial compliance with the concept plan presented at the 3/2/06 Commission meeting and subject to a conditional zoning agreement requiring a minimum 35-foot building setback from the east property line with evergreen landscaping to provide a buffer for the adjacent single-family home and a height limit of 2 Y, stories for building I. Recommended approval, by a vote of 7-0. REZ06-00004, a rezoning of approximately 1-acre of land from Low Density Single-Family Residential (RS-5) to Overlay Planned Development (OPD-5) with a Sensitive Areas Development Plan located at Dubuque Road and North Dodge Street subject to Staff approval of the landscaping plan prior to consideration by City Council. Recommended approval, by a vote of 7-0, REZ06-00005, a rezoning of approximately 1.8-acres from Intensive Commercial (CI-1) to Community Commercial (CC-2) located at 1803/1835 Boyrum Street. Recommended approval, by a vote of 7-0, SUB06-00002, a final plat of Windsor West Subdivision Part One, a 37-lot, residential subdivision on approximately 26.04-acres of land located on American Legion Road with fencing and landscaping conditions addressed in the legal papers. CALL TO ORDER: Brooks called the meeting to order at 7:33 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING/DEVELOPMENT ITEM: REZ05-00026/SUB05-00019, discussion of an application submitted by Dial Land Development Corporation for a rezoning to amend the Planned Development Housing Overlay Plan (OPDH-12) and a preliminary plat of Silvercrest Part 3 to allow the development of up to 116 multi-family residential units on 12.17 -acres of land located at American Legion Road and Scott Boulevard. Miklo provided Staff Report. The larger Silvercrest area was annexed into the City in 1998. Phase I included 3 lots on the west which have been constructed; Phase II is the area subject to the amendment to the development. The current planned development for this parcel would allow four 24-unit buildings on 4-lots and a series of townhouse and duplex lots in the southwest corner of the property. Two stormwater basins serve the development. The applicant had proposed to amend the development to replace two of the 24-unit independent living apartment buildings with one 57-unit apartment building. Planning and Zoning Commission March 2, 2006 Page 2 of 12 The plan currently allowed 48-units, the new proposal would allow 57-units in the same area. The fourth building would increase from 24-to 27-units; a sky-walk would connect the two buiidings. A corridor was also proposed which would connect the existing building with the larger building. The number of townhouse and duplex style units would be reduced by 10-units, the end result would be 116-units instead of 114-units on the property which would be within the maximum allowed by a planned development for this property. The applicant had indicated that the primary reason for making the amendment would be to allow the larger building to contain communal services such as a large kitchen, dining area and recreation facility including theater. The appiicant wished to connect all the apartment buildings so that the residents would have access to the facilities without having to go outside. Miklo showed elevation plans for the proposed buildings. He said two sides of the buildings would exceed the 35-foot height limit in order to allow the garage entry to go below grade. Staff recommended approval of the waiver of the height iimit in order to allow the underground parking. The east elevation would be the most visible to the public, the applicant had included architectural variations to break-up the visual appearance of the building's mass. The first floor of the building would be a brick veneer, the upper stories would be cement board siding with balconies and bays and varied roof line. The property to the east was currently a religious institution. It would be possible in the future that it would be annexed into the city and possibiy developed for residential purposes. The subdivision of the property currentiy consisted of seven lots which were being reconfigured to allow the joining of two buildings and adjustment of lot lines. The landscaping plan was similar to what had been previously submitted. Staff had received an e-mail from Don Sanders a neighboring property owner who owned property in the Village Green subdivision. His main concern was the lighting of the facility. When Silvercrest had initially opened Staff had received a number of complaints about the lighting and the glare. City Inspection Department had worked with the applicant to correct that problem. At that time after a retro-fitting the standard of no more than'one-foot candle at the property line was met. Because of the design of the fixtures the neighbors continued to complain about the glare. For the new development the lighting would have to comply with the new standards which were somewhat stricter and should not result in the amount of glare currently being complained about. Miklo said Staff recommended approval of REZ05-00026/SUB05-00019, with a variance of the height limit of up to 47-feet to allow for the underground parking. Freerks asked what was the distance between the east elevation of the building and the church property line. Miklo said 120-feet. Brooks asked for more detail regarding the new lighting standards and what changes would improve the light situation. Miklo said the new standards had a provision which required that decorative lighting which had an exposed light source, in this particular case a pole with an acorn shaped fixture on it, not be permitted as the primary source of lighting for a sight. A shoebox type lighting fixture which 'downcast' the lighting would be the primary lighting source. Howard said the Code now had two different ways to measure the light at the property line. Brooks said one thing that would also make a difference was whether the lens of the light was flat or exposed which created a point source of the light which could be visually intrusive. A flat lens would not produce all the little points of light and more clearly cast the light downward which prevented overlighting. Public discussion was opened. Larrv McChesnev, TSP Architects and Engineers, Omaha, NE, said he was there representing the Diai Companies. Planning and Zoning Commission March 2, 2006 Page 3 of 12 Brooks said an interest of his as well as a concern that had been raised by a neighboring property owner was light pollution. He asked what was going to be done or what changes might be done in the planning- construction of the development to mitigate and tone down the lighting levels of the development. In the areas that were already developed, probably nothing much could be done in those areas. Were fixtures that were neighborhood friendly and that created less light pollution into the area being considered? McChesney said he was unable to respond as he had been unaware that there would be discussion regarding lighting. The lighting consultant had already submitted a lighting plan. His understanding was that they would continue with the same decorative fixture because it was a senior community and the developer desired the development to feel like home. McChesney said for the developer he could commit to looking at the criteria with the consultant for this project phase, they would meet the new criteria. Brooks said he'd personally like to encourage the developer to review the situation to see what modifications could be done to take away that irritant point. McChesney said this particular developer also did retail work and he'd worked with him on retail projects. He agreed that site lighting and parking lot lighting were important to surrounding neighborhoods, depending on the type of fixture used lighting could be different. Miklo had provided him with a copy of the e-mail concern. McChesney said it was their preference to take care of issues now rather than later. Freerks said when this project had first been developed there had been a lot of discussion regarding lighting, she encouraged the developer to review the proposed lighting for this development phase. Plahutnik asked if any screening was proposed for the road in the north-east corner that abutted the church property. McChesney said the topography made it very advantageous, it was proposed to be a lower driveway than the natural lay of the land and the retaining wall would pick up most of the light. Miklo said a landscaping plan had been received late Friday which indicated a row of evergreen trees that eventually would provide further screening. Lawrence Kent, resident of Modern Manor development, said his concern was also lighting on the rear side of the proposed duplexes. He lived right next to the fence line and would be one of the first persons that offended by the lighting. He had no concerns with the buildings, just with the lighting and that it not be over abundant in that area. Brooks said it was his assumption that it would be a very residential environment with mainly street lighting and the typical lighting on the back of the house if someone wished to turn it on. Kent said it was his understanding that it would be an exposed basement on the rear side of the duplexes on the south side. His concern was the lighting. Public discussion was closed. Motion: Smith made a motion to approve REZ05-00026/SUB05-00019, a rezoning to amend the Planned Development Housing Overlay Plan (OPDH-12) and a preliminary plat of Silvercrest Part 3 to allow the development of up to 116 multi-family residential units on 12.17 acres located at American Legion Road and Scott Boulevard with a variance of the height limit of up to 47-feet to allow for the underground parking. Freerks seconded the motion. Freerks said she thought it was a very large building but had been designed very well and would probably fit into the neighborhood as well as any structure that size could. Brooks requested Staff to convey to Mr. Sanders that his concerns had been noted and discussed and to bring it to the attention of the developer making sure that they were in compliance. Miklo said at the time of building permit the final site plan would be reviewed. The City's Housing and Inspection Department would pay particular attention to the lighting plan to make sure it met the new standards. The developer would be required to provide a photometric reading. Planning and Zoning Commission March 2, 2006 Page 4 of 12 The motion passed on a vote of 7-0. REZONING ITEMS: REZ06-00001, discussion of an application submitted by Johnson County Permanent Supportive Housing LP for a rezoning from Public (P) zone to Public (P) / Low Density Multi-Family Residential (RM-12) zone for 2.83-acres of property located at 4435-4455 Melrose Avenue. Howard said the property was owned by Johnson County. The City required that whenever a publicly owned property was being leased to a private entity, a rezoning occur with an overlay zone. The proposal was for 18 privately owned affordable rental units for persons with disabilities so the appropriate zone would be Low Density Multi-Family. The proposed rezoning would be P/RM-12. The property was located on the old County Poor Farm property. Johnson County had recently completed a planning study for this property, at about the same time the City had conducted its Southwest District pianning process. There had been a lot of planning, effort and public input put into those two plans; there was a lot of information available about the County Poor Farm property. Citizens were concerned about the history of the property and preserving portions of the Poor Farm. Chatham Oaks, a privately owned facility for persons with mental illness was also located on the Poor Farm property directly west of the property proposed for rezoning. In their Plan, the County had indicated an interest in leasing or using some of the property for more residential uses. This proposed rezoning is consistent with those goals of the plan. For new developments that abut multi-lane highways, such as Hwy 218, the City recommends buffering of highway noise and elements of the highway. Since this property abuts the highway, Staff recommends a buffer of trees and landscaping along the east property line. A challenge to developing this site will be providing safe vehicular access to Melrose Avenue, an arterial street, which bounds the property on the North. Melrose Avenue contains a median that extends along the entire frontage of the subject property. The median is located to indicate to motorists that this is an approach to a major interchange and the number and configuration of travel lanes is changing. The City advised the developer last fall that the City would prefer that this property share the existing driveway access with Chatham Oaks and extend a private drive to the property from the west rather than establish a new access point on Melrose Avenue, which would necessitate a cut in the median and approval from the State Department of Transportation. The City had also indicated that if the applicant adamantly wished some access directly to Melrose Avenue, the City would not oppose a right-in/right-out only driveway but it would have to be in addition to a shared access through the existing Chatham Oaks driveway. With strictly a right-in/right-out only driveway, the only means of access to the site for westbound travelers would be to turn around in the Chatham Oaks driveway or make an illegal u-turn around the median, which would be unacceptable from a safety standpoint. Howard displayed a site map on which the Armory's plan for the development on the North side of Melose had been superimposed and which illustrated their intent to align their access point with the existing Chatham Oaks access drive and beyond the extent of the median. Howard also stated that because of the historic nature of the old Poor Farm property, the State would require a Phase 1 Archaeological Survey. Staff recommends that the rezoning be conditioned on compliance with any conditions placed on the site by the State due to findings of this survey. Howard stated that staff recommends approval, provided the following conditions are met, . Primary vehicular access to the property must be provided by way of a private drive extending behind Chatham Oaks facility utilizing the existing access drive from Melrose Avenue; . Completion of a Phase 1 Archaeological Survey and compliance with any conditions piaced on the use or development of the site by the State; . Submission and approval of a landscaping plan for a vegetative buffer/screen to be established along the east property boundary prior to issuance of an occupancy permit Planning and Zoning Commission March 2, 2006 Page 5 of 12 Shannon asked if the City or the State would be agreeable to having a small segment of the median island cut so that a legal left turn could be made through the median. Howard said because access was jointly controlled by the State, the applicant would have to negotiate any cut of the median with the State DOT. Any median cut would have to constructed to state standards and include a turn lane and appropriate length taper. Brooks asked if the concern about the right-in/right-out entrance to the site was being generated from the City Engineer's Office. Howard said the City's letter to the applicant regarding access, dated October 2005, was included in the Commission's information packet. The City always encourages shared access to arterial streets which helped control traffic flow along arterial streets and prevented accidents. In this case there was an existing good access point; the new Zoning Code requires cross access easements whenever possible. Smith asked if the access issues could be put off to a later point. Miklo said it was unlikely that there would be a subdivision connected to this item; this would be the best opportunity to take those issues into account. Howard said the applicant would need to have a safe access to that property. There would be no other possible access except cutting the median or utilizing the existing Chatham Oaks access. A right-in/right-out only access would not be acceptable due to safety issues. If there was no other way to get to the property it would require vehicies to make an illegal u-turn around the median. Public discussion was opened. Bob Burns, representing the applicant. The limited partnership was made up of two entities; the general partner was Chatham Oaks, a local non-profit organization with a local board of directors that operated the county care facility for the Board of Supervisors. The other entity was NAMI of Johnson County, National Association for the Mentally III. Burns said he was there as an architect and developer. The project had begun in the early 1990's. Yesterday he'd been at the Iowa Finance Authority in Des Moines and knew for a fact that all of the funds had been committed to build this project. The proposed project would remain in the ownership and the direction of Chatham Oaks for the lease period. Staff report had said that the County 'intended' to lease the subject property, but actually the County had already leased the property to the limited partnership. The lease was in place and waiting for implementation. It would run for fifty years from the date that a certificate of occupancy for the building was issued. At the end of the fifty years/lease term, all of the improvements including the building would revert to the ownership of the County. The County would never lose control of the land. Burns said the whole goal was to provide independent apartments for the chronically mentally ill so they could live in an independent setting in their own apartment away from an institutional environment. One of the key elements of the whole project was the independent identity of this project; it was called Melrose Ridge, not Chatham Oaks. It was their hope that the name Chatham Oaks only surfaced in terms of the ownership because they were there to be the guiding force. Melrose Ridge would become a reality if one problem could be resolved. They had no issue with the Phase 1 Archaeological Survey and they had no issue with the landscaping plan. The only issue they had was with Staffs recommendation regarding the access point. Burns said the Commission would be in control of whether the project went ahead or died. Burns said they understood why Staff recommended a shared access but they did not agree with it. By sharing the existing access point, would require the construction of over 1,000 feet of new street into the property and would bring the driveway through the Chatham Oaks property which no one involved in the project wanted to do. They wanted a separate identity for this project; they wanted the identity to be their own access drive off Melrose Avenue. They felt that was key and would be the only solution that would work. Burns said they'd submitted a site plan which had shown an access drive with a cut in the median. They'd been in contact with the DOT, County and City on this issue. Burns said they would have to convince the DOT, but the DOT had said that the jurisdiction would also lie with the City so they'd have to get the City's support as well as the DOT's support. Burns said he felt they could meet all the design and safety standards of distances between driveways and distances away from the access point onto Hwy 218. Planning and Zoning Commission March 2, 2006 Page 6 of 12 Burns said he was there to request the Commission recommend the access point as requested by the applicant and not the access point as recommended by Staff. The main reason for their request came from their source of financing. The final source of financing had come from the Iowa Finance Authority under a program known as Section 42 Low Income Housing Tax Credit. The Iowa Finance Authority adopted rules which the Johnson County Permanent Supportive Housing L.P. had to follow in order to comply with the source of funding. [Burns distributed a copy of the key rule/issue.] Burns referenced the sentence in Section 5.4.2.7 of the 2006 Qualified Allocation Plan for the Low Income Housing Cash Credit rules which an applicant was required to tollow to have a qualified project. "All sites proposed must have direct contiguous access trom the project site to an existing paved publicly dedicated right-ot-ways". Burns said the applicant had represented to the Iowa Finance Authority that that access would be directly from the site to Melrose Avenue. There was an existing farm access into the field at that point. Burns said they felt that a lelter wrilten to the L.P. from Karen Franklin dated 10/11/2005 gave them guidance to propose the access as a right-in/right-out driveway and they'd relied on that when they'd submilted their application. Burns said they had discussed this issue with the City before they'd submilted their application. Franklin's lelter was dated 10/11/05; they had submilted their application in November 2005. Burns quoted from Franklin's lelter, "If you are adamant about a separate access point to your proposed project, we would be able to support this location as a right-in/right-out access only, in addition to the existing Chatham Oaks driveway." Howard said as a point of clarification, if the access were to go through the Chatham Oaks driveway, the City would support that position. They could have the right-in/right-out but they would also have to provide access to this property through the Chatham Oaks driveway as stated in Karin Franklin's lelter. For a person traveling from the east, there would be no way to get to the proposed property if there were no cut in the median and if the only access point were the right-in/right-out access as proposed by the applicant. There wouid be no legal way to access the site; it was posted 'No U Turn." Fire department and emergency service vehicles would have to have a safe access to that property, a sole right-in/right- out access would not permit legal access to the property. Howard said she'd made numerous telephone calls to Burns' office during the pastlwo weeks to try to clarify this issue with him but he had never returned any of her calls. It had been unciear to Staff from Ms. Fa/comata's lelter to the City what their proposal actually was. Staff had immediately contacted Falcomata but had been unable to reach Burns so it remained unclear to Staff what was the applicant's solution regarding safe access to the property. Burns said he felt the way to resolve it would be a cut in the median. He'd been unable to speak to his client and had been unable to get back to City Staff until tonight. Miklo said Franklin's October, 2005 lelter had also addressed making a cut in the median. The concept plan submilted by the applicant had not shown a cut in the median, if that was something that the applicant wished to pursue Mik/o recommended deferring this item until that issue could be resolved. Howard said she'd had conversations with the County as well. They'd indicated that they were ok with having a driveway across the Chatham Oaks property. Shannon asked Burns if he'd been in contact with the DOT about making a cut across the median. He agreed with Franklin and Howard that it would be a huge mistake to have the only access be a right- inlright-out only access, someone could get killed having the access in that location. Burns said he had contacted the DOT. The applicant was not in favor of having a right-in/right-out only access. To have a cut across the median would be a lot iess expensive than building a 1000 toot street around the building. Shannon suggested if Burns could obtain something in writing from the State on their position, that would help clear his thinking regarding if the State had a problem or not. Freerks said there would be a lot of steps that would have to occur. Brooks said his reading of Franklin's lelter was that the cut in the median would not necessarily be a State issue. The project was an excellent project but for Burns to imply that the Commission would somehow throw the project into a tailspin because of the access issue not being resolved was something that he didn't like to hear. However, he was also concerned about receiving a proposal trom an applicant that had not tully addressed all the Planning and Zoning Commission March 2, 2006 Page 7 of 12 issues that had been raised; an unaddressed issue was the safe access to the site. When the Commission received a plan that showed that the issue had been negotiated and was acceptable to all parties involved, then at that time the Commission could take action on it. Brooks said to imply that the Commission's action that evening determined whether this project would live or die was unfair. When the Commission was put in the position of having to act on a proposal which did not even address a very basic concern, safe access to the property for users, vehicles and emergency service vehicles, it put the Commission in a difficult position. Burns said he heard what was being said, but the applicants wanted to emphasize to the Commission that the Staff recommendation regarding access was not acceptable. The reason was it would be too expensive and it didn't meet the criteria of the Iowa Finance Authority. They had thought that in her letter, Franklin was telling them no cut in the median and a right-in/right-out access at that point. If they'd misinterpreted her, then they'd have to have someone else look at the letter. Burns said they had not realized 'this' until two weeks ago, they'd been waiting and waiting for the funding, then this issue had come up. The issue had to be resolved. If the Commission wished to defer it until the next meeting, that was fine. Burns said they didn't want to be in a hurry, they wanted to get it right. Plahutnik asked, with respect to precedence had there been curb cuts, median cuts or turning lanes installed for the car dealerships that were along other arteriai streets or had they been required to have access through other streets. Howard said Staff had not analyzed the median cut option or compared it with other situations because Staff had received a letter from Bums' office that had said they would pursue a right-in/right-out access only. Miklo said it was decided on a case-by-case basis; on Mormon Trek there were businesses that shared curb cuts versus having a median cut. Smith asked Behr for counsel regarding a DOT review and approval of a median cut. Behr said having seen the statement about it being outside the area where the DOT had purchased access rights, with that qualification it would be subject to DOT approval. The DOT liked to work with a city and played heavily on the city's desires when it was so close to (a) town. Burns said they were there to cooperate with the City. For the record and in consuitation with their attorney who was further investigating the matter, they did not feel that they should have to be before the Commission. The reason: they could not find anywhere in the Zoning Ordinance where there was a P1/RM-12 district. For the record, they didn't concede that a rezoning was required. They were there to cooperate and to try to work out some of the issues. Behr said he would review that issue. He thought it had specifically been discussed that the current Code required that if it was not a use permitted in a public zone, the overlay zoning was required. Public discussion was closed. Motion: Smith made a motion to defer REZ06-00001 while the issues of 1) access; 2) provision of acceptable design and plan to all parties; 3) clarification of need for rezoning. Shannon seconded. The motion passed on a vote of 7-0. REZ06-00003, discussion of an application submitted by Sycamore Apartments for a rezoning of approximately 1.51-acres of property from Interim Development Multi-family Residential (IDRM) to Low Density Multi-Family Residential (RM-12) located on Kountry Lane SE. Terdalkar said Staff had received a letter from the applicant's representative indicating that the developer had tried to address the issues raised at the previous Commission meeting. The developer had also provided a revised concept plan which showed a landscape buffer on the berm. Building I would be moved to the south and to the west so there would be 40-feet between the building and the property line. The developer had proposed a trail connection to the trails in the Sycamore Greenway from the development and had agreed to a CZA condition stipulating a 211, story above ground building limit on Building I. Terdalkar said Staff recommended approval of REZ06-00003. Planning and Zoning Commission March 2, 2006 Page 8 of 12 Steve Gordon, A&M Management, said they had been able to move Building I back to the south to make it paraliel with currently existing Buildings A and B and they'd moved Building I approximately 5 feet further to the west so it was now 40-feet from the lot line. From the GIS map on the Assessor's website, Gordon determined that the existing farm house was 87-feet from the lot line which would make Building I 127 -feet from the adjacent house. They had been able to create a connection from both the current sidewaik in the existing development and the proposed sidewalk in the new deveiopmentto hook into the City's trail system. A landscape plan which included an evergreen scaped berm and plantings had been provided to Staff; if it was approved by Staff that would become the landscaping plan for the proposed development. A fence, not as a screen but to separate the two properties, had been shown as a split rail fence to be instalied along the north to south property line by the developer. The land directly to the north of the project was county land, to the northeast on the south side of the stormwater trail system was ground zoned RS-8, to the east was over 100-acres of land in a conservation easement that had been set aside with wetlands and trails and could not be developed, to the southeast the stormwater basins and trail systems continued, directly to the south was approximately 30 acres which was zoned ID-RM. Freerks asked if the developer was agreeable to the CZA condition regarding height of Building I. Gordon said that was correct, a smali retaining wali would have to be instalied on the west side of the building. Plahutnik asked if there had been any requests from Van Dusseldorp that the developer had not been able to meet. Gordon said they'd visited after the meeting. It was Gordon's understanding that Van Dusseldorp would rather have a 2-story than a 3-story building, but cost issues made the middle story important for a 3-story unit. That was the only request that he was aware of that had been unmet. Greg Van Dusseldorp, 4387 Kountry Lane SE, said he'd spoken to the developer but was naturaliy stili opposed to the additional development of more apartments. His list for the City to consider included green space, the amount of dogs and persons who resided in the existing apartments, future development of green space and park space in that area. Low density housing sounded fine but there was a lot of persons already residing there who were a transient society who really didn't care about the value of his property or about the adjoining wetlands. Van Dusseldorp said if the City was going to continue to build this type of housing or projects they needed to consider, to develop sensitive areas even if they were EPA mandated, that the increased density would have an impact on a pond or wetland. He suggested that the City conduct a study and talk with Lon Drake to get a comprehensive understanding of the impact of building such high density dwellings beside a sensitive area. The areas were very sensitive and should be treated as such. Van Dusseldorp said he'd spoken with Gordon but realized his preferences would not matter a whole lot. He didn't feel that simply putting in more trees and landscaping was hardly a justification for it, it was a poor way to justify a project. The trees that would be put in as a buffer needed to be more mature, he didn't think he should have to wait 15 years for something to grow. It was not fair to him or to his children or to anyone who would end up on his property. Van Dusseldorp said he'd spoken again with a realtor who'd said his property would not increase like it should, it would not decrease but not increase either. Light poliution was another issue. When he'd first moved to his property he'd had the farm light removed because he didn't like it shining in his windows. Now there was more light that should also be addressed. Public discussion was closed. Motion; Freerks made a motion to approve REZ06-00003, a rezoning of approximately 1.51-acres of property from Interim Development Multi-family Residential (IDRM) to Low Density Multi-Family Residential (RM-12) located on Kountry Lane SE with substantial compliance with the concept plan presented at the 3/2/06 Commission meeting and subject to a conditional zoning agreement requiring a minimum 35-foot building setback from the east property line with evergreen landscaping to provide a buffer for the adjacent single-family home and a 2 Yo story height limit for building I. Smith seconded the motion. Planning and Zoning Commission March 2, 2006 Page 9 of 12 Miklo indicated where Sycamore Greenway was located on the site map. It was a constructed wetland that handled drainage in the area and was also trail; there was a 100-plus-acre conservation easement which contained wetland as well. Miklo said because of the wetland complex there was a considerable amount of open space in that part of the city. The South District plan indicated that the ID-RM zoned area to the south should contain a mix of housing and probably would not be just multi-family. It would require a rezoning before development and also a mitigation plan which would show that any stormwater run off or dominant activity would not harm the adjacent wetland. Miklo said as the western portion of Sycamore Farms developed, a park in the western area was also anticipated. Brooks said the Parks and Recreation Department was just beginning to update their Master Plan, which should take into account the need for park and open space in that area as development occurred. Plahutnik said for clarification purposes, he thought Van Dusseldorp had been referring to open green space within the development itself in which children could play on the property and people could walk their dogs and take care of their pet's refuse on the property rather than exporting it out into the public green space. Freerks said at Monday's work session they'd discussed that as well as the trash issue. It appeared to be more of a problem with the way that the residents dealt with their trash rather than the containers or the area around them. She hoped that one day Van Dusseldorp would feel that his input and communication with the developer really had helped the project, there had been compromises on both sides. The motion was approved by a vote of 7-0. REZ06-00004, discussion of an application submitted by Three Bulls LLC for a rezoning from Low Density Single-Family Residential (RS-5) zone to Overlay Planned Development (OPD-5) zone for 1-acre of property located at Dubuque Road and North Dodge Street. Terdalkar said the proposal was for a planned development of a 5-unit condominium/townhouse project on one-acre of property. The sensitive areas existing on the property were regulated slopes and wooded areas. The clustered structure would be located near the east boundary of the property near the street to minimize the disturbance to the sensitive areas. There would be only one access to the property. Staff felt that the proposed design for the structure was compatible with the existing residential area. The traffic that would be generated from the development would be about 35-trips per day. The current improvements to Dodge Street would involve some improvements to Dubuque Road, Staff recommended that the developer be responsible for sharing the cost of the improvements to the remainder of Dubuque Road in front of this property [80-feet] and for the cost of sidewalks to be installed along Dubuque Road. The developer would be required to extend the sanitary sewer line to the north boundary line of the property, water main extension fees would be paid by the developer. Staff recommended approval of REZ06-00004. Koppes said the plan did not show a sidewalk to the front doors, would there be one. Miklo said the plan didn't show a sidewalk but it was a Code requirement. Miklo said the most recent elevation plan for the building showed a cultured stone building front for the first fioor, the second fioor was cement board. Staff had communicated the Commission's concerns regarding landscaping, having trees planted in the berm, having the landscaping wrap around the south side further and the placement of evergreen trees along Dodge Street to the applicant who had not responded yet. Larrv Schnittier, MMS Consultants, said he was not involved directly in this project but would work with Staff to reach an agreeable landscaping plan. Public discussion was opened. There was none. Public discussion was closed. Motion: Freerks made a motion to approve REZ06-00004, a rezoning of approximately 1-acre of land from Low Density Single-Family Residential (RS-5) to Overlay Planned Development (OPD-5) with a Planning and Zoning Commission March 2, 2006 Page 10 of 12 Sensitive Areas Development Plan located at Dubuque Road and North Dodge Street subject to Staff approval of the landscaping plan prior to consideration by City Council. Koppes seconded the motion. Freerks said she thought it was a very nice looking structure and wouid fit in well with the surrounding single-family nature of the neighborhood. She appreciated the developer's commitment to use quality building material. Brooks agreed. The motion passed on a vote of 7-0. REZ06-00005, discussion of an application submitted by Hy-Vee Food Stores Inc., for a rezoning from Intensive Commercial (CI-l) zone to Community Commercial (CC-2) zone for 1.80-acres of property located at 1803/1835 Boyrum Street. Miklo said the property contained the fonmer Goodwill Store and a restaurant. The property to the west which contained the current Hy-Vee Store was fonmerly zoned Cl-l, Intensive Commercial, and had been rezoned in 1994 to accommodate the Hy-Vee building. This had left the remnant piece of CI-l zoned property adjacent to Boyrum Road. The applicant was requesting a rezoning to CC-2 to allow an expansion of the existing Hy-Vee store. Staff felt that the rezoning would be compatible with the adjacent properties which were zoned CC-2 commercial, a more retail oriented zone. The actual site plan would be reviewed and approved by Staff at an administrative level. Staff felt the redevelopment would improve the situation in that several driveways would be closed, leaving only two driveways in the vicinity which would relieve overall congestion in the area. Staff recommended approval of REZ06-00005. Brooks asked if the City had any concerns regarding the staggered driveways along Boyrum Street. Miklo said Staff generally attempted to have driveways line-up with those across the street. The proposed plan would be such an improvement in terms of closing a number of driveways that the City's Transportation Planner felt it would be acceptable. Public discussion was opened. John Brehm, Hy-Vee Engineering and David Bailev, Hy-Vee. Brehm said they'd held a neighborhood meeting on Tuesday evening. All comments had been positive, the neighbors were anxious for the project to begin to help improve the area. Brooks said the Commission had indicated that the access along Boyrum Street for exiting traffic had been problematic in the past. Would it be possible as the final site plan was developed to try to emphasize the new entrance near the front of the store as the main entrance in an effort to direct as much traffic out and in that way as possible? Anything that could be done would be helpful. Brehm said he felt most motorists would naturally be inclined to go to that route, the current one was fairly convoluted. If there was a problem they could consider placing signage there. The landscape buffer there would be increased with additional plantings which would make the curb cut there more evident. Koppes said she hoped they would also consider the placement of a right-turn lane there, people turning left often times blocked the view of the persons wishing to turn right. Brehm said they would consider it. Public discussion was closed. Smith said for public disclosure, he served on the Board of Directors for Goodwill Industries which had formerly occupied the vacant building and his wife was an employee of Hy-Vee. Staff legal counsel had determined that there was no conflict of interest. Motion: Smith made a motion to approve REZ06-00005, a rezoning from Intensive Commercial (Cl-l) to Community Commercial (CC-2) for 1.8-acres of property located at 1803/1835 Boyrum Street. Koppes seconded the motion. The motion passed on a vote of 7-0. Planning and Zoning Commission March 2, 2006 Page 11 of 12 SUBDIVISION ITEMS: SUB06-00002, discussion of an application submitted by Arlington Development, Inc. for a final plat of Windsor West Part 1, a 37-lot 26.04-acre residential subdivision located at 4670 American Legion Rd SE. Terdalkar said the deficiencies noted in the Staff Report had been resolved. Because of a change in the estimates for the project in the CIP, a change in the CZA condition regarding costs for improvements to American Legion Road were reflected in the Staff Report. A landscape buffer along American Legion Road for lots 6, 7 and 8 and temporary construction easement for the improvement of American Legion Road be addressed in the legal papers. If fences were installed they should be installed north of the easement and behind the landscape buffer. Staff recommended approval of SUB06-00002. Public discussion was opened. There was none. Public discussion was closed. Motion: Plahutnik made a motion to approve SUB06-00002, a final plat of Windsor West Part 1, a 37-lot 26.04-acre residential subdivision located at 4670 American Legion Rd SE with fencing and landscaping conditions addressed in the legal papers. Koppes seconded the motion. The motion passed on a vote of 7-0. SUB06-00003, discussion of an application submitted by Dav-Ed Limited for a preliminary plat of Galway Hills Parts 10 & 100, a 56-lot, 21.75-acre residential subdivision located at Dublin Drive & Shannon Drive. Terdalkar said Staff recommended this item be deferred pending resolution of issues recently discovered during review of the plat by the City Engineer. Motion: Smith made a motion to defer SUB06-00003. Anciaux seconded the motion. The motion passed on a vote of 7-0. CONSIDERATION OF 2/16/06 MEETING MINUTES: Motion: Anciaux made a motion to approve the minutes as typed and corrected. Koppes seconded. The motion passed on a vote of 7-0. OTHER ITEMS: ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting at 9:13 pm. Koppes seconded the motion. The motion carried on a vote of 7-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:/pcdlminuteslp&zl2006f03-02-06. doc Iowa City Planning & Zoning Commission Attendance Record 2006 Term Name Exoires 1/5 1/19 2/2 2/16 3/2 D. Anciaux 05/06 X X X OlE X B. Brooks 05/10 X X X X X A. Freerks 05/08 X X X X X E.Koooes 05/07 OlE X X X X W Plahutnik 05/10 X OlE X X X D.Shannon 05/08 X X X OlE X T.Smith 05/06 X X OlE X X FORMAL MEETING Term Name Expires 2/13 2/27 D. Anciaux 05/06 X X B. Brooks 05/10 X X A. Freerks 05/08 X X E.KoDDes 05/07 X X W Plahutnik 05/10 X X D.Shannon 05/08 OlE 0 T.Smith 05/06 X X INFORMAL MEETING Key: X = Present o = Absent OlE = Absent/Excused N/M= No Meeting MINUTES IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, MARCH 2, 2006,3:30 P.M. LOBBY CONFERENCE ROOM, CITY HALL rn: APPROVED Members Present: Charles Felling, Emily Martin, Mark Seabold, Terry Trueblood, DaLayne Williamson Members Absent: Emily Carter-Walsh, Rick Fosse Staff Present: Marcia Klingaman Others Present: Whitney Givens (UI Journalism student) Call to Order Seabold called the meeting to order at 3:35 p.m. Public discussion of anv item not on the aaenda There was no discussion. Consideration of the Minutes of the February 2. 2006 Meetina Minutes MOTION: Martin moved to accept the minutes as submitted, and Felling seconded. The motion passed on a vote of 4-0. Discussion of Council request for public art tour durina Arts Fest Klingaman said this topic arose from a discussion about placing a sign at the head of the Sycamore Greenway trail to indicate where "Birds in Flight" is located, once it has been installed. The idea was that a tour would promote public art, and a good time to do it might be during Arts Fest. Martin suggested a self-guided tour map could be made available. Klingaman agreed. Klingaman said this was discussed at council meeting, and the idea was to include all the University artwork as well. The issue with University art is determining who the contact person is for such a project, a process that is possible but will take time. Seabold said a map was created for Arts Fest in 2005 that was put into the kiosk created for the installation for "Politically Purple." He said he was updating it for 2006 and the plan is to make a downloadable file for the internet, or a newspaper insert. Klingaman said the InfoVision people had an idea for an interactive map with information in a similar setup as what was done for Herky on Parade. She told them that would be fine, and asked them to work with the committee. They also discussed in general the need to promote public art. Martin and Seabold agreed there is a lot of public art, and most people are probably unaware of how much is available. Martin said it would be nice to have a way to find the pieces, rather than relying on chance encounters. Seabold said the kiosk had cropped images of several pieces, the idea being that the image gives an idea about the piece, but someone would still have to see it in person. Martin said that sounds like a great approach. Seabold suggested creating a downloadable iPod tour as well. A tour map would still be necessary, which could be a printable file to download at the same time. He noted that some museums are beginning to take that approach. Martin agreed it is an extension of the museum gallery guides. She said from what she understands it is not difficult to generate the files for the iPods, and it is a handy way to distribute a lot of information. Klingaman said she would talk to the InfoVision people about it. She added that the person she spoke to said the idea he had was already interactive through the website. Seabold asked when Arts Fest is. Klingaman said it is the first week in June. Martin said the project could be done at different levels with different time frames. Seabold said that putting the a PDF on the web is easy. Klingaman suggested focusing on the Iowa City program, and then bringing in the University art as time permits and as the information is gathered. Iowa City Public Art Advisory Committee Minutes March 2, 2006 Page 2 Felling said this project would be more advanced than the DVD from Seattle. Klingaman agreed, though she noted the video was from a few years ago. Discussion of submittals for Sculptors' showcases Klingaman said the contacts from the School of Art she received from Martin were wonderful and very helpful. She said she dropped off some posters, and extended the deadline for delivery and installation to August 2006. She has already had a few students call to find out more information. Seabold asked when submissions would be presented. Klingaman said April 6. Klingaman said she has not been able to follow up on the downtown Sculptor's Showcase by making phone calls or other contacts. Seabold asked if there have been any late calls. Klingaman said no, though she plans to work on this next week. She asked if the committee would consider keeping the current sculpture a few extra months. At this point, unless the artist has the proposed piece already finished and ready to install, it is unlikely to be ready in time for a June installation. She has not approached the artist regarding the idea of keeping the current piece in place. Martin said that sounded fine. Felling said it seems like the level of interest and submissions for that project is highly variable. Seabold agreed. Update on Poetrv in Public Klingaman said the subcommittee reviewed 280 student entries this year, which was an increase from 36 in 2005. She said the language arts instructors in the junior high schools were very enthusiastic about pursuing this with their students. Though there were a lot of submissions, evaluating them went quickly. She added that there were also 80 adult submissions this year, compared to 56 in 2005. Williamson arrived at this point. Klingaman reported the program would be expanded this year. Previously there were 42 poems accepted, which meant the 21 city buses each had two poems posted. This year 69 poems were accepted, and as there are now 23 buses, each bus will have three poems. The poems have all been reviewed and selected. The selected poems are about equally divided between student and adult submissions. They will be printed up in the next few weeks, and in the buses in early April. They will also be posted in the kiosks and in the recreation centers. She added that a press release would go out with more information. Klingaman said she hopes to make a booklet with all the selected poems since she has been asked in previous years to publish a booklet. The poems are also available on the web. Martin asked if Klingaman was pleased with the submissions this year. Klingaman said she was pleased with the higher level of participation from the students, though that was mostly from the junior high level. She said the quality did not seem any higher, perhaps because many students were forced to participate. However, there were several very high quality submissions from the junior high students, which gives a different voice and viewpoint from the elementary student submissions. . Klingaman said she was pleased with the submissions on the adult side, and added that it is never easy to choose them. Martin said it was good to know the number of adult submissions went up, since their participation is voluntary. Klingaman said increasing the numbers much more would make reviewing and selecting the poems a challenge. She noted there was a decrease in the 1" through 6th grade submissions, so more focus will be given to publicizing at that level next year. Klingaman said there were only about six submissions at the high school level. She said there was also a lot of work done at the high school level this year to increase their numbers. Committee time/Other business Trueblood said he spoke to someone with the Johnson County dog park group (JCDogPAC) about interest in some form of public art for the signage for the park. They heard about the sign project for the Benton Hill Park. He said he told them that the Benton Park project cost $30K overall, $10K of which came from the project budget while the other $20K came from the Public Art Committee. He said they inquired about the process involved with initiating such a project, and he said he was not sure, though perhaps it would be similar to the one used for the neighborhood art projects. Iowa City Public Art Advisory Committee Minutes March 2, 2006 Page 3 Klingaman said Jean Walker emailed Franklin regarding this, and since Walker is involved in the Melrose project, she is familiar with the process. Klingaman said this sort of project would follow the process for community-initiated public art. She added that Franklin directed Walker to the appropriate application form. Trueblood reported that he told his contact, Jim Kelly with Lucky Pawz, that the committee has taken the first steps for putting public art in the peninsula parkland, and that it is a good location. He is not sure how it would work into the dog park, but it may be possible. Williamson asked for confirmation that this would be part of their signage. Trueblood said that is what Kelly said, though Kelly mentioned that idea in part because he was familiar with the Benton Hill sign project. Trueblood said he is not sure what else the group might be discussing. Williamson asked if the money would still come from the same place if it was a part of their sign as it would for a piece of art. Trueblood said not necessarily. The Benton Hill art project happened in conjunction with a park development project, and the neighborhood association wanted to incorporate some public art into the sign. In that case, part of the money for the sign came out of the park development fund, and part of it came from Public Art. At Benton Hill, there was a park development fund available, whereas the dog park is being funded through donations. Martin asked if JCDogPAC could apply for city funding with matching funds from their end. Klingaman said yes, through the community-initiated program. She added that the Irving Weber statue was a project that involved cost sharing. Felling said a similar approach was also taken for the mural at Dulcinea. Klingaman reported the City Council liked the public art recognition program and adopted it at their last meeting. The proposal has a nomination deadline of April 30, so some promotional activities need to happen soon to get the word out. She asked if anyone on the committee would like to participate in promotion, and if so, in what ways. She added that she will give the information to the neighborhood associations and newspapers, and might have a brochure made. She said she is also looking for other ideas about ways to circulate the information, and said if anyone wishes to participate or has ideas, to contact her soon. Felling said the committee had discussed reiying on the neighborhood associations for nominations. Williamson asked whether someone should present the program by meeting with the associations. Klingaman said yes, if the associations would be meeting. Otherwise the associations' newsletters might be a better route. For example, she noted that the Longfellow association would have a story about the upcoming historic preservation nomination deadlines. Klingaman added that the recognition program should be advertised more broadly than just with the neighborhoods. Felling asked if any of the other neighborhoods have online information besides Longfellow. Klingaman said yes, though she does not know how current the sites are. Many of the sites were hosted by the Johnson County network, which folded about 1.5 years ago, and have not been re-established. Felling noted that Longfellow has an online newsletter that goes out every month. Klingaman said Longfellow has an extensive emaillist, and said she thinks a lot of other neighborhoods go that route as well. Felling said one of the issues with using that medium is getting interested people to put their email addresses in. Martin asked if the city has an area where information about the recognition program could be posted on the web. Klingaman said yes, in the Highlights section. Also, a press release will go out. She said advertising should be broad, not focused only on the artist community, but also on the people who live in the neighborhoods and see the art. Williamson asked whether this could be put into school newsletters. Klingaman said she would try that and would give the committee an update at the next meeting. Martin asked for confirmation that Klingaman planned to have a brochure. Klingaman said yes, something short and snappy to give an impression of the program, contact information, and the dates. She added a poster would be another option to put in the schools or recreation centers. Klingaman reported that the Wetherby Park contract was approved by council at their Tuesday meeting. Council also approved the concept for the Melrose project. She added that there was some discussion, but many of the council members are consistent in their support of public art. Iowa City Public Art Advisory Committee Minutes March 2, 2006 Page 4 Martin asked for the status on the council member's proposal about funding Summer of the Arts (SOTA). Klingaman said it did not go anywhere. Seabold said it was just a memo proposing that half of Public Art's budget go to support SOTA, the idea perhaps being all the expenses relating to art could be shared. He noted that SOTA is very different from the public art program, however. Trueblood said SOTA did get the money they requested. Seabold said yes, and the public art budget stayed intact as wall. Trueblood said the council member who submitted the proposal has not been a strong supporter of public art. Seabold said there appeared to be support from many of the people attending the meeting on Tuesday when he made his statement. People see the value in public art, and are supportive. Klingaman said the "Just for Kicks" sculpture is progressing, and is currently in process of being fabricated. She said Terry Robinson reported a concern to her with the sculpture's design, specifically with the curved portions of the pipes protruding enough for people to possibly climb the sculpture and also getting heads stuck in the pipes. Though it is not playground equipment and is not intended for play, he would like to adhere to the requirements for playground equipment that say if there is an open space in the object, the space needs to be less than four inches or greater than nine. Klingaman said she approached the artist with this concern. The artist is confident that the piece is not climbable, but has investigated alternatives to address these concerns. One proposal was to reduce the number of pipes to four, which would increase the spacing. However, that would not be structurally sound, so that option has been dismissed. The other option currently being investigated is pulling out the curved sections on all the pipes about two inches, which would increase the spacing. The artist said visually it would be hard to see them as curved with the increased space, but is working on sketches. Trueblood said kids will try to climb anything, and there is little to be done about that. He noted that he did not think of questioning the space in the curved section because there appeared to be plenty of space. Klingaman said the artist also thought there was enough space, but after working out the math came up with just over eight inches of space. Klingaman said Robinson also suggested putting a fence around it, though she noted kids would climb that as well. Klingaman said the pad for the Kicker's piece will be poured soon, and she said another option would be to raise the piece higher to make climbing it more difficult. That would have to happen in the pad area, which should be decided soon. Trueblood asked when the piece would be installed. Klingaman said the middle of April, though it might be earlier. She said the artist has been very reasonable to work with. Adjournment There being no further business to come before the committee, Martin moved to adjourn. Felling seconded and the meeting was adjourned. s:/pcdlminutesfPublicArV2006J03-02-06.dOC Public Art Advisory Committee Attendance Record 2006 Term Name Exoires 1/05 2/2 3/2 Emily Carter Walsh 01/01/08 OlE X OlE Charles Felling 01/01/09 X X X DaLayne Williamson 01/01/09 X X X Emily Martin 01/01/08 X OlE X Mark Seabold 01/01/07 X X X Rick Fosse X X OlE Terry Trueblood X X X = Present = Absent = Absent/Excused = No Meeting Key: X o OlE NM r::r ~ Iowa City: ~Public Library FINAL APPROVED BOARD OF TRUSTEES Minutes 5:00 pm - February 23, 2006 2nd Floor Board Room David VanDusseldorp, President Linzee McCray, Vice President Thomas Dean William Karf Thomas Martin Meredith Rich-Chappell Pat Schnack, Secretary Leon Spies Tom Suter Agenda item 3A Members Present: Thomas Dean, William Korf, Tom Martin, Meredith Rich-Chappell, Pat Schnack, Leon Spies (left at 5:45 pm), David VanDusseldorp Members Absent: Linzee McCray, Tom Suter Staff Present: Barb Black, Sara Brown, Todd Brown, Matt Butler, Teri Byers, Maeve Clark, Karen Corbin, Susan Craig, Maureen Delaney, Debb Green, Craig Johnson, Charlie Koenigsaecker, Heidi Lauritzen, Kara Logsden, Elyse Miller, Kathy Mitchell, Romona Murrell, Patty McCarthy, Hal Penick, Bill Reese Call Meeting to Order VanDusseldorp called the meeting to order at 5:00 pm. Public Discussion VanDusseldorp noted the presence of staff members from the AFSCME bargaining unit. He said he would accept their comments prior to the specific agenda item they wanted to address. Approval of Minutes The minutes of the regular meeting of January 26, 2006 were approved after a motion made by Spies and seconded by Korf. Motion passed 7-0. Unfinished Business Leased Space New York NY Deli stopped by this afternoon and got the keys. We have their deposit check. They would like to open on May 1. Primus met the conditions set and approved by Iowa City City Council to get out of the lease for the basement space. They forfeited their original deposit plus they paid a settlement. The basement space is available, and there are interested parties. Agenda item 3A Page No 2 Review of Board Policy #802 - Confidentiality The vitality of the USA PATRIOT Acr was discussed. It was agreed that the policy language was as protective as possible. Craig had a legal question; specifically, what the word "process" means in the sentence..."except pursuant to process or court order..." Spies and Rich-Chappell said that this could be an administrative order and that some states use the term "process" rather than "subpoena." It was moved by Korf and seconded by Dean to approve the revised Confidentiality policy. The motion passed 7-0. University Heights Contract VanDusseldorp and Craig will meet with the University Heights committee next week. New Business Review of Board Policy #810 - Discussion Rooms Policy This policy was reviewed. No staff changes were recommended. It was noted that at some future date a time limit on discussion rooms might be addressed. Martin made a motion to approve, which was seconded by Rich-Chappell. Motion passed 7-0. Review of Board Policy #812 - Hours of Service VanDusseldorp elected to break the discussion into two parts, regular weekly business hours and the FY07 annual building calendar that begins in July. A group of library staff representing AFSMCE Local 183 members was in attendance. They presented an "Alternate Proposal for Additional Hours from ICPL Staff to Board of Trustees" document. It included four pages of statistics: Gate counts for the period 2/17-2/23/06 (not including Sunday, 2/19), Circulation Calls by Day and Hour, Fiction Desk Calls by Day and Hour, and Information Questions by Day and Hour. Terri Byers, speaking for the group, the library staff, read a statement describing the reasons for presenting a proposal to add 9:30 am - 10:00 am Monday - Thursday to the Library's regular hours rather than 6:00 pm - 8:00 pm on Fridays. She believes more use would be made of the Library during morning hours. Schnack asked about community preferences for service hours. Craig said that of the stated hours offered to the public in the survey, the most popular choice was extended hours on Sunday, the second most popular was Friday evening, and the third choice was 9:00-10:00 am Monday-Friday. VanDusseldorp thanked the AFSCME representative for this preparation and asked if staff were involved in the planning process, wherein the proposal for expanded hours was developed. Byers stated that she was led to believe that funding for increased hours was not going to happen for a few years. A motion was made by Schnack and seconded by Korf to approve the hours changes as presented in the Board packet. Friday evenings would be added beginning May 19, and an additional hour would be added to Sundays beginning September 10. Martin asked about gate counts. Korf wondered about setting an experimental period of time for increased hours. Craig stated that the proposal in the packet reflects community preference. The identified hours were part of the budget proposal to the City and are supported by the City Council. This is important to keep in mind. Rich-Chappell wondered about how City Council might respond to changing the hours that were originally presented to them and what kind of impression it would make on Council if the hours were changed now. Library hours are a public service issue and the public preferences have been well known by staff and others since the survey was done. Craig stated that opening the AFSCME side letter on scheduling was offered to union members so that Friday evenings would be considered a weekend shift instead of a night shift. Agenda item 3A Page No 3 It is proposed that Friday hours would begin on May 19 to coincide with the Friday Night Concert series and we will wait until fall to increase Sunday hours because Sundays in the summer are less busy than during the school year. VanDusseldorp referred to the part of the policy in which maximizing access to the library is discussed. There is a qualitative difference between two hours on a Friday evening compared with one-half hour Monday through Thursday mornings. Different populations are served. Staff who work on service desks believe that it is quite slow the last hour of the day and that evening hours on Fridays not during the Friday Night Concert series would not be popular. Schnack believes that it is too late to change the budget proposal. There was a lot of planning involved, there were opportunities during budget development to discuss specifics, the proposal went to the City Manager, and we need to do what we told City Council we would. VanDusseldorp remarked that it was a transparent process with opportunities for input from everyone. Byers said staff were thrown a curveball as they were led to believe that increased hours would not be funded for some time. VanDusseldorp stated that the opportunity for input into this proposal was available at various meetings. He also added that the proposed hours are helpful for community members who work 8:00 am - 5:00 pm. Sara Brown expressed concern about opening the side letter. It was stated that staff overwhelmingly do not want to work on Friday evenings. Todd Brown wondered whether the Board got all of the information they needed when making their decision. Kathy Mitchell described the busyness of the lobby and reference phone every morning and the quiet of the lobby and desk in the evening. She feels the Library should not be embarrassed to go back to the City Council with a different proposal. Motion to approve the proposed schedule passed 6-1, with Spies voting nay. The next item called for approving the FY07 building calendar. Closing the Library at 5:00 on New Year's Eve, Sunday, December 31, 2006 should have been noted on the original calendar. Martin wondered about Library hours on Veteran's Day. Since the actual holiday is on a Saturday it is observed on Friday. It was moved by Dean and seconded by Martin to approve the proposed calendar with the correction to New Year's Eve. The motion to approve the building calendar carried 6-0. Appoint Nominating Committee VanDusseldorp selected Dean to chair the Nominating Committee, with the assistance of Martin a nd McCray. Staff Reports Deoartmental Reoorts: Childrens Services, Systems, and Technical Services Children's Services report. All of the great work done by Children's Services was recognized. Systems report. Hal built a server for e-audio this week. There is e-audio software but it is not yet ready for the public. Technical Services. Information detailing the behind-the-scenes work in Technical Services was well received. Foundation Reoort. A special thanks goes to the Trustee Spellers and their representation of the Board at the annual ICPL spelling bee. Current Cell Phone Use Policv Agenda item 3A Page No 4 Currently, the Board policy prohibits disruptive use of cell phones and other personal electronics. There are no suggested changes to the policy at this time. We will send a letter to the patron who brought this up at the January public meeting. Update on State Leqislation Affectinq Libraries. Craig said that the legislation pertaining to library internet filters is hopefully, not going to make it out of committee with help from Bob Dvorsky. The obscenity language change is still unknown but next Friday is the last day for it to get out of committee. Craig will let the Board know if lobbying is needed. Unitinq and Strenqtheninq America bv Providinq Appropriate Tools Reouired to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 Update President's Reoort Craig stated that an extension of this legislation with modifications has passed the US House of Representatives. It is not the legislation that the American Library Association had hoped for. There is a four-year sunset on some of the Act's provisions. It is still possible for a different piece of legislation that will address what affects libraries with respect to PATRIOT Act to be considered later. Miscellaneous. There was a news item in The Daily Iowan that discussed the number of University of Iowa students using the public library as a study place. Staff noted that there is a good mix of residents of all ages using the Library, and students are underrepresented in many ways. President's Report VanDusseldorp expressed appreciation for the work, dedication and experience of Library staff and the time Board members devoted to the hours issue. The Library addresses the needs of the community based on planning. The additional library hours are a response to our community's preference. If, in the future, we find that the hours do not reflect community needs and desires, we can change them. VanDusseldorp had his Bowl for Kids Sake pledge sheet with him and he offered a dollar for dollar personal donation up to $100 to the Friends Foundation for pledging his team. Announcements from Members The upcoming Bowl for Kids Sake fundraiser prompted Schnack to emphasize the need for adults in the community to participate in the Academic Mentoring Program, a collaboration between the Iowa City Community School District, United Action for Youth, Big Brothers Big Sisters and the Retired and Senior Volunteer Program. Committee Reports Foundation Members No report. Communications No communications. Disbursements Visa Expenditures for January 2006 were reviewed. Disbursements for January 2006 were approved 6-0 after a motion made by Korf and seconded by Rich-Chappell. Susan stated that City's auditor forwarded a report in which it was noted that some credit card charges were not itemized appropriately. Craig is trying to track this down. We will correct any procedures that aren't in keeping with the auditor's needs. Agenda item 3A Page No S Set Agenda Order for March Meeting Leased property. Public relations policy. Adult services, Circulation Services, Information Services reports. PLA report. Adjournment The meeting was adjourned at 6: 11 pm. Respectfully submitted, Elyse Miller Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2006 Board or Meetill~ Date. .. tlilrm 1/26/06 5/25106 1/27/06 U1/26/06 Ndme EXiJ 2/23/06 3/30/06 4/:J.7/06 6/22/06 8/24/06 9/28/06 11/16/06 1 U28/06 Thomas Dean 7/01/09 X X OlE Bill Korf 7/01/09 X X X Tom Marlin 6/30/11 X X X Linzee McCray 7/01/09 X OlE X Meredilh 6/30/11 X X X Rich-Channel Pat Schnack 7/01/07 X X OlE Leon Spies 6/30/11 X X X Tom Suter 7/01/07 0 0 0 David 7/01/07 OlE X X VanDusseldorp x = Presenl o = Absenl OlE = Absent/Excused NM = No meeting KEY r:= Minutes Youth Advisory Commission March 23, 2006 - 7:00 P.M. Harvat Hall- City Hall APPROVED Members Present: Ziegenhorn, Bleam, Subramanian, Stubbers, Nelson, Keranen Members Absent: Abboud Kamps Staff: City Clerk Karr, and Temporary Staff Joelle Osterhaus (Mayor Intern) Others Present: City Council Liaison Correia Recommendations to Council: None INTRODUCTIONS Staff introduced themselves and distributed handouts. Osterhaus presented power point presentation. Karr asked if commissioners retrieved electronic packet information and briefly reviewed the electronic manner of distribution. With the exception of Subramanian, everyone requested electronic packets only. PERSONAL STATEMENTS -Jackie Stubbers is at the University ofIowa as a psychology and exercise science major and wants to get the youth ofIC to understand the role of the City Council. She feels uninformed after living in Iowa City 2 years and thinks that everyone should have the opportunity to know what goes on, what the council does and is here for "putting it in Layman's terms". -Michael Nelson is at the University ofIowa as a Finance and Biology major (was pre-med) and feels he has a lot to offer the commission. In high school he was a part of a committee that gave monies to various non-profits. He helped to form the committee and did a lot with non"profits and wants to bring that experience and knowledge here to the youth ofIC. -Audrey Keranen is a sophomore in High School and an environmentalist. She would like to make IC a greener place. She wants to set up recycling centers/receptacles at shelters in the park or sporting venues. Also, she would like to recycle cell-phones, she is aware the city recycles computers already. She is also seeking to create a smoking ban or partial smoking ban at bus stops and playgrounds because second-hand smoke at playgrounds may not be the best idea. She states she was full of ideas and is looking forward toward working with this group. Youth Advisory Commission March 23, 2006 Page 2 -Sarah Ziegehom is a junior at City High and she wants to promote not only awareness of the city government and how it affects the youth in IC but also making the youth in IC aware of what goes on in the community and the various community service opportunities available. -Maison Bleam is a freshman at the University ofIowa and is a political science major and business administration minor. He feels there is a lot of apathy among the age group that the commission is targeting and wants to seek to raise awareness and get them involved. -Subha Subramanian is an 11 th grader at Iowa City West High and is really involved in Student Government and through that role feels aware of the great ideas for youth in IC and wants to give them a way to establish their voice and ideas. She wants to get the youth ideas flowing between the adults and youth. -Audrey Keranen commented that since most commissioners were interested in raising awareness perhaps a way to do that would be through a website that would appeal to their age bracket and would be a way in which youth could correspond with the commission by filling in comment boxes or other mode. Perhaps that would be an easy and effective way to bring in ideas. ICE BREAKER ACTIVITY All commissioners present, liaison, and staff participated. After the activity Osterhaus introduced the following questions: ~ "What is a youth advisory board?" ~ "Are commissioners a part of something bigger?" ~ "What is your purpose?" ~ "What will this look like?" Commissioner Subramanian said that she felt they had brought different experiences together and so they were part of something bigger, as was seen by the ice-breaker activity. Commissioner Keranen said the purpose was to be the voice of Iowa City Youth. Commissioner Bleam said the commission would be used to access the city council. - Commissioner Keranen said that she thought it would look professional once things get going. Osterhaus read the mission of the Youth Advisory Commission as stated in the resolution passed by City Council when they were established. She mentioned it was a work in progress, noted the article included with handouts "American Youth Commission Movement" and encouraged commissioners to read it. Youth Advisory Commission March 23, 2006 Page 3 OVERVIEW OF YOUTH COMMISSIONS ACROSS THE UNITED STATES Osterhaus reviewed examples from across the country of Youth Commissions, their purposes and activities/accomplishments. She encouraged Commissioners to examine purposes of the noted commissions and their relationship to their accomplishments, for insight on fine-tuning their own purpose or creating a vision on where to go. Commissioners discussed specific accomplishments noted in the examples, questioned how events were managed, and stated different areas and area interests may have driven the events. Council liaison Correia and staff discussed the variety of job fairs and related events. Osterhaus mentioned that recognizing the uniqueness ofIowa City is important to the shaping of the mission and activities of this commission. Commissioners were encourages to look into the youth commission examples presented as well as others. Osterhaus noted the ICPL, CPL, Neighborhood Centers (disproportionate minority confinement), School goverrunents, Chamber of Commerce Youth Leadership program that currently exist, and encouraged youth to take advantage of the opportunity to learn from those different entities and network with them. Commissioner Keranen noted that UA Y may have begun their own volunteer Advisory Board, but Commissioner Subramanian noted that as a member of that new Advisory Board she'd say that it was not like the IC goverrunent Youth Advisory Commission but was volunteers meeting together and synthesizing their services, providing support to one another, and working on outreach. Osterhaus explained the purpose ofa vision map (contained in the handouts) and it's dynamic, living nature. She stated that it could be a tool for collecting ideas and tracking progress. Commissioners were provided time to draw a vision map/ideas and share them. -Commissioner Subramanian shared the idea of having a Brother/Sister program for IC homeless youth in IC. She wishes to inspire positive views toward goverrunent. Also liked the idea of a youth cafe and youth voting booths because want to have active participation from youth in goverrunent. -Commissioner Bleam shared ideas about college-aged student housing concerns and the desire to promote positive neighborhood relations. He also liked the web site idea of a digital drop-box. Bleam also mentioned that he wanted greater participation in general. -Commissioner Ziegenhorn shared ideas about an all-ages club without drugs and alcohol. She felt her ideas were more about informing youth and especially about volunteerism. -Commissioner Keranen agreed about the teen club because it isn't offered in a practical mauner at present. She is also interested in more biking lanes, and the dangers, especially in areas where there aren't sidewalks. She is also interested in giving trees to local schools on Arbor Day. She reiterated her idea to ban smoking on playgrounds. Keranen also noted that the cell-phone recycling would be excellent to donate to soldiers in Iraq. She also likes the idea of a baby-sitters co-op system as her mother had done. Lowering the voting age on local elections is an interest as well. Liaison Correia noted a Youth Advisory Commission March 23, 2006 Page 4 movement already underway for school board elections. Commissioner Ziegenhorn mentioned that there was some lobbying done by students in this area. -Commissioner Keranen continued that she'd like to see recycling centers in parks and sporting venues. She shared her personal experience in trying to recycle at Kinnick stadium. Keranen thinks a small group of people should be able to do this. Southeast Jr. High Environmentalist club also same results. Commissioner Bleam encouraged Keranen to talk to the new UISG administration about her concern as they would certainly help her out. City Clerk Karr also mentioned that a component of this may be considering the fact that local booster clubs do clean-up after sporting events at Kinnick. -Commissioner Keranen also noted her concern about the health of the Iowa River. Mentioned that there were a lot of neglected paths, for example, Willow Creek. Noted the strength onc local businesses and wanted to ensure their safety, teach small- business ownership management, give subsidies, to ensure that they stay despite corporate businesses. Lastly wanted to get a public artIcommentlwriting wall as she'd seen before. Many commissioners noted that those in the past were not "pretty" and language was hard to control. Commissioner Keranen did agree that this would be something to consider in terms of regulating that space. -Commissioner Nelson mentioned he was very interested in the mini grants for area youth projects and groups. Also wanted to expand the alcohol-free entertainment, such as expanding the summer music in the Pedestrian Mall to appeal to youth audiences. Also wants to see more youth entering into relationships with homeless. Commissioner Ziegenhorn mentioned that something like having dinner with the homeless was being done this weekend. - Commissioner Nelson also expressed concern that drunk-driving happened too often here and would like to see more efforts to cease that. -Commissioner Stubbers agreed with Commissioner Keranen on river clean-up, even if only on a small scale because can relate to observations via rowing team. Also agreed with recycling idea, even at University level, and wants to raise awareness about where the recycling center in IC is. Also thinks the Volunteer Fair would be very important. Wanted to mix youth cafe, club, and teen art center into one youth center. Wanted to have a City Council youth day where youth in IC can come meet them and hear about what they do. Thinks it would be great if they were more accessible. CONCLUSIONS Staff finished presentation with a few questions/things to think about as they proceed. Bv-laws - Liaison Correia talked about the Planning and Zoning Commission and Parks and Recreation by-laws distributed as part of the handouts. She noted that until by-laws are in place, no action can be take; mentioned the major items within a typical set of by- laws; and laid out the process for how by-laws are created, approved, and where a commission can go from there. City Clerk Karr encouraged the by-laws be like a skeleton to ensure flexibility and then it could evolve, expand, and amend if needed. She discouraged by-laws being too defined; referenced the by-law examples to see a variety and general shape. She reassured commissioners they need to start somewhere and staff -_.._.._---------,----------_.__.----_._....._---~-_...._~-_.,--,_.._-- Youth Advisory Commission March 23, 2006 Page 5 is available to assist, and encouraged commissioners to ask questions. Established point that staff are back-up, facilitators, research, but said that commissioners would be the ones to determine officers, and so forth. Committee for by-laws was established by volunteers, Bleam and Stubbers who would return with a draft for discussion next week. Scheduling - City Clerk Karr stated the in the remaining time the next meeting should be scheduled, noting it may take time to firm up a permanent schedule. Surmner schedules may also be flexible. Commissioner Keranen wanted to meet more frequent than monthly at first. Commissioner Bleam offered bi-weekly. Commissioner Stubbers questioned the best days of the week to meet. After input from everyone, Tuesday and Thursday evenings were thought to be good, and Tuesdays may conflict with Council meetings so it was determined to stay with Thursdays. After input from commissioners it was decided that it would be next week, March 30'\ 2006 at 7:00 P.M. Agenda items - City Clerk Karr stated that election of a temporary chair would be the first item of business at the next meeting. Liaison Correia offered ideas for bringing in heads of departments and other commissions so that awareness could be raised according to their aforementioned interest. It was decided to wait on these presentations until the Commission had a better since of goals. City Clerk Karr provided information on open meetings and quorum issues, noting four members of the City Councilor Youth Advisory Board discussing business would be a quorum and would require meeting notice. Additional items identified for the March 30 agenda include: introduction of Commission members to the City Council; a possible proclamation in accordance with the Youth Service Day(s); presentation by the City Attorney on meetings and Roberts Rules of Order. City Clerk Karr announced the agenda would be out no later than next Wednesday in accordance with State open meetings laws. In response to Commissioner Bleam, City Clerk Karr stated minutes would be prepared by staff until the Commission had a time to discuss by-laws, officers, etc. She noted some commissions elect a secretary from their membership to do their minutes while others rely on staff. She encouraged discussion of this matter at a later time. Liaison Correia reminded that minutes will be accepted by City Council. City Clerk Karr noted that all City Boards and Commissions do an annual report in late surmner. This commission will be a 'mini' or shortened one, and could include accomplishments thus far such as by-laws, setting vision and goals, presentations and meeting staff. Start working on it as early as June for due date in August. Meeting adjourned 8:40 P.M. Prepared by Osterhaus and Karr. Youth Advisory Commission March 23, 2006 Page 6 Youth Advisory Commission ATTENDANCE RECORD YEAR 2006 Date} LMeetin 3/23 TERM EXP. 12/31/07 x x 12/31/07 x 12/31/06 NAME Audrey Keranen Sarah Ziegenhorn Subha Subramanian OlE 12/31/06 x x X X = Present o = Absent OlE = Absent/Excused NM = No meeting = Not a Member 12/31/07 12/31/07 12/31/06 Jacqueline Stubbers Michael Nelson Elyse Abboud Kamps Maison Bleam KEY MINUTES IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, FEBRUARY 27, 2006--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY (]I[ FINAL MEMBERS PRESENT: Gary Hagen, Saul Mekies, Michael Christians, James Ehrmann MEMBERS ABSENT: Bebe Ballantyne STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Sue Dulek, Dale Helling OTHERS PRESENT: Josh Goding, Beth Fisher, Susan Rogusky, Kevin Hoyland, Perry Ross, Lee Grassley, Phil Phillips RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Mekies reported that he and Christians attended the City Council budget session. The use of the franchise fee to supplement the general fund was addressed in terms of the inappropriate use of user fees. Mekies also pointed out that if an enterprise fund is managed responsibly and saves money over a number of years for any contingencies, and ifthe City Council takes funds, it effectively punishes that department for saving money rather than spending it all. Grassley said there is legislation in the Iowa General Assembly that would set up two sets of regulations for video service providers designed to bestow incentives to telephone companies to compete with incumbent cable operators. Goding reported that P A TV now has a new portable studio available for checkout. The studio will enable multi-camera shoots to be done in the field. PATV submitted comments regarding the FCC's Notice of Proposed Rule Making regarding giving phone companies that provide video service a nation-wide franchise. Rogusky reported four University ofIowa interns have joined Senior Center TV. The streaming video project will be available soon on the Senior Center web site. Hoyland reported that the school district channel has forwarded to admnistration officials information on the cost of equipment needed for an upgrade. Hoyland also passed on the information regarding the availability of funds from the annual Community Television Group allocation. Ross said that the school district values the channel but are very limited in funds for technology. Technology funding has been reduced by 50% and there is not enough money available to replace the computers and other equipment they already have. Shaffer reported he has been working with Mediacom to get access to the emergency alert system to the Iowa City police. Mediacom has also been working with Shaffer on getting additional origination points that could enable live programming for parades, Jazz Fest, Friday Night Concerts, and more for the access channels in the downtown area. Shaffer said that in regards to the reserve fund that it has been used for refranchising costs, lawsuits, and to maintain an operating surplus in the event the department's funding source would be lost. The department is supposed to be self-sufficient. There are a number of things that could come up that would challenge the ability of the department to be self-sufficient. Typically anywhere from 1-2% ofan annual year's budget is put into the reserve fund. The City Council has asked for information on how the franchise fee is dispersed. Information the reserve fund will likely be included with that information. The Council will be addressing an amendment to the cable TV enabling ordinance that brings it into compliance with the practice of using franchise fee funds to supplement the general fund. Hagen asked ifthe use of franchise fees to supplement the general fund over the past few years was legal given the unclear language in the ordinance. Helling said that it was probably not technically illegal. APPROVAL OF MINUTES Christians moved and Hagen seconded a motion to approve the January 27,2005 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hagen noted there were two openings on the Commission coming up in March. Mekies said he re- applied. Shaffer said John Weatherson also applied. Ballentyne will be unable to re-apply. Hagen asked Goding if Commission attendance at the P A TV board meetings every month was a benefit to them. The Commission has been sending representatives on a rotating basis. Goding said that attendance is not needed every meeting, but it is beneficial to P A TV. Hagen said it isn't necessary to stay for the entire meeting. The Commission should develop a schedule for attendance. Mekies said he would like the Commission to explore the possibility of a city wi-fi system. Mekies said he would also like to see the Commission work with Mediacom on implementing any a la carte offerings and with improving the information available to the public regarding cable service, particularly on Mediacom's website. Explanations of Mediae om's channel selection, implementation of must carry regulations, and a rate card could be added to Mediacom's web site. Mekies reported that he and Christians attended the City Council budget session. Mekies said he did not know what to expect and was as not as well prepared as he would have liked. The use of the franchise fee to supplement the general fund was addressed in terms of the inappropriate use of user fees. Mekies also pointed out that if an enterprise fund is managed responsibly and saves money over a number of years for any contingencies, and if the City Council takes funds, it effectively punishes that department for saving money rather than spending it all. Christians said that ifhe had better knowledge of the use of the reserve fund that he could have been better prepared. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packets and said that there were two complaints-one about too many shopping channels on the basic tier and one requesting the Quad City broadcast channels be included in the channel line-up. MEDlACOM REPORT Grassley said that at the last meeting he misstated that one of the shopping channels was not required to be on the basic tier by the terms of their progrannning contract. That channel does have a basic tier requirement. Mediacom was limited to CSP AN II or WGN in their options to move to the expanded basic tier when the most recent must carry channel from Dubuque was added to the basic tier. About 11.5% ofIowa City subscribers subscribe to only the basic tier so the vast majority are still able to view CSP AN II. Mediacom would like to have flexibility when dealing with programmers and has an administrative proceeding before the FCC on the matter. Hagen said the approximate $20 cost to increase the number of channels on the basic tier may be popular with subscribers. Grassley said there may be operational problems with this, but will look into the matter. Grassley said there is legislation in the Iowa General Assembly that would set up two sets of regulations for video service providers designed to bestow incentives to telephone companies to compete with incumbent cable operators. CITY MEDIA UNIT Hardy reported that requests for service have been steady. The new Info Vision software has been stable. The Community Television Service production schedule has been quite busy. UNIVERSITY OF IOWA REPORT No representative was present. PATVREPORT Goding reported that staff members were unable to attend the Alliance for Community Media regional conference due to bad weather. It is hoped that they will be able to attend the national conference in July. P A TV now has a new portable studio available for checkout. The studio will enable multi- camera shoots to be done in the field. A Guidelines workshop will be offered March 5. The PATV board will meet March 16. An Open Channel program will be cablecast live March 29 at 8 PM. P ATV submitted comments regarding the FCC's Notice of Proposed Rule Making regarding giving a nation-wide franchise to telephone companies providing video service. SENIOR CENTER REPORT Rogusky distributed the Senior Center programming schedule for the month. Four University of Iowa interns have joined SCTV. The streaming video project will be available soon on the Senior Center web site. There are still some bugs with the editing computer. Fortunately many of the SCTV volunteers have their own editing systems at home. lOW A CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that the school district channel has forwarded information on the cost of equipment needed for an upgrade to administration officials. Hoyland also passed on the information regarding the availability of funds from the annual Community Television Group allocation. Ross said that the school district values the channel but are very limited in funds for technology. Technology funding has been reduced by 50% and there is not enough money available to replace the computers and other equipment they already have. Steps have been taken to improve production quality. Hagen said that he has noticed a big improvement in the school channel. Mekies said that there problems with the sound on some of the programs and that the quality of one access channel has an impact on the perception of all the access channels. LEGAL REPORT Dulek noted that in regards to the legislation in the Iowa General Assembly that any legislation that has not passed out of one chamber's committee by this Friday will not be considered during the sessIOn. LIBRARY REPORT Fisher reported that the equipment problems they had been experiencing have been resolved. The channel's total design, particularly the graphics, will be undergoing an update. KIRKWOOD REPORT Christians asked if Kirkwood had been sent the access channel questionnaire. Brau said that it was sent and the deadline for a response would be up before the next meeting. CABLE TV ADMINISTRATOR REPORT Shaffer reported he has been working with Mediacom to get access to the emergency alert system to the Iowa City police. Mediacom has also been working with Shaffer on getting additional origination points for the access channels in the downtown area. Mediacom has been running public service announcements for the Cable Division on the Avatar program across their channel line-up. Elections for the Commission chair and vice-chair will be held next month. Shaffer asked the Commission to consider ifthe access channel monthly programming reports included in meeting packets are useful and clear to the Commission. Mediacom has started to collect the $0.55 pass-through fee and distributing it to the City. This is a $0.05 increase from the last franchise period and was a result of the refranchising process. CITY CABLE TV BUDGET Shaffer said that in regards to the reserve fund that it has been used for refranchsing costs, lawsuits, and to maintain an operating surplus in the event the department's funding source would be lost or reduced. The department is supposed to be self-sufficient. There are a number ofthings that could come up that would challenge the ability of the department to be self-sufficient. Typically anywhere from 1-2% of an annual year's budget is put into the reserve fund. Helling said the reserve fund balance may be a little high, but the department does own their office space and there is a potential liability for upkeep and repairs. The City Council has asked for information on how the franchise fee is dispersed. Information the reserve fund will likely be included with that information. The Council will be addressing an amendment to the cable TV enabling ordinance that brings it into compliance with the practice of using franchise fee funds to supplement the general fund. Hagen asked if the use of franchise fees to supplement the general fund over the past few years was illegal given the unclear language in the ordinance on how the funds were to be used. Helling said that it was probably not technically illegal. Helling said that changing the ordinance doesn't necessarily mean that the Council will be taking more of the franchise fee in the future. Mekies asked if consumers know about the use of the franchise fee? Helling said that is public information and that there was an article in the paper on the topic. The decision to use franchise fees for the general fund has been made each year. Christians said that the Commission can educate the Council about the budget and the reserve fund and asked if the Commission could work to convince the Council not to adopt the change to the ordinance. Helling said members could address the Council during consideration of the item at the Council meeting. Christians asked what the normal practice is for most cities in Iowa with regard to the franchise fee. Shaffer said that many cities put the franchise fee in the general fund. Mekies suggested passing a resolution that use of the franchise fee should follow the 25-year policy articulated in the ordinance and the franchise fee, as a user fee, should be used as it was intended. Christians said he is in favor of communicating with the Council but relying on precedent, as the major argument may not be convincing. Because all city departments are experiencing financial strain the Commission needs to present hard facts as to what the money is used for and what it could potentially be used for. Mekies said that time was running out on this year. Helling said that consistency of message is important. It is unlikely Council would make a change this year. If the Council wishes the ordinance be consistent with their actions they have two choices: modify the ordinance or not take the $100,000 from the franchise fee. Hagen said the Commission should keep the topic alive during the next year. PATV CONTRACT ------_.,-~---,----_.._----~-----_._--"~------~----_.------.'---' Shaffer reported Helling, Mekies and himself will be meeting to discuss comments on the contract from Dulak. After that they will meet, perhaps for the last time, with P ATV to finalize the contract. ACCESS CHANNEL OUESTIONAIRE Mekies asked if any common concerns or issues might be distilled from the responses supplied by the access channels. Money was a common concern. All the channels are counting on the Commission for support. Shaffer said all the institutions see their channel as a valuable resource and would like to do more than they are now. Hagen said the questionnaire served as a good tool to refocus their vision for each channel. WI-FI Shaffer said that cities are not nearly as far along in implementing a wi-fi system as the media makes it appear. A number of cities are studying the issue, but very few are actually operating a system. There are several problem areas including security and interference. Cities are particularly interested in the assertions that a wi-fi system will save the city money and that it is a good tool for economic development. There has yet to be any evidence to support those assertions. The City of Iowa City has been exploring the issue but the difficult questions still lack answers. Mekies said that Iowa City does have more hot spots around the downtown area than many communities, but some cities such as Mason City are pursuing wi-fi for the entire city. Hagen agreed with Mekies that the Commission should continue to pursue the issue. ADJOURNMENT Hagen moved and seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:55 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terrv Smith Jim Pusaek Date Thrower 6/2/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x ole 9/22/03 x x x x ole 10/27/03 x x x x ole 11/24/03 x x ole x x 12/15/03 ole ole x x x 1/2/04 x ole x x x 1/26/04 x x x x x 2/23/04 x ole x ole x 3/22/04 x x x x x 4/ 26/04 x x x x O/C 5/24/04 x x OIC x x 6/28/04 x x x ole x 7/26/04 ole x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X X X X X 12/20/04 1/24/05 X X X X X 2/28/05 X X X X Garv HaQen 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x ole X X X 5/23/05 X 0 x vaeanev X James X "' Bebe x Ehrmann Ba1antvne 6/27/05 X x X X X x Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X ole X X 11/28/05 X X X X X 1/23/06 ole X X 0 X 2.27/06 X X X 0 X 3/27/06 ole X X John x Weaterson X .>._-----~-----_._-------_.._. (Xl = Present (0) = Absent (O/C) = AbsenUCalled (Excused)