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HomeMy WebLinkAbout2010-11-16 Bd Comm minutes4b 1 IOWA CITY TELECOMMUNICATIONS COMMISSION APPROVED MONDAY, SEPTEMBER 27, 2010--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Laura Bergus, Gary Hagen, Saul Mekies MEMBERS ABSENT: Hans Hoerschelman STAFF PRESENT: Mike Brau, Bob Hardy OTHERS PRESENT: Michael McBride, Josh Goding, Beth Fisher, Emily Light, Kevin Hoyland RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Hardy said Grassley requested that he only attend Commission meetings when there is an important issue that needs to be addressed. Routine question could be forwarded to him before or after the meeting. Hagen said that a representative from Mediacom should be present at all meetings. Hardy suggested that a phone hook-up could arranged. Hardy said Mediacom apparently intends to place all the access channels around the state without prohibitions in their municipal franchise into the digital basic tier numbers, the 80s. Hardy said Grassley said Mediacom would like to discuss this with the City. Bergus noted that the channel position of the Iowa City channels are specified in the franchise agreement. Hardy said that after February 2012 when Mediacom transmissions are all digital Mediacom could put the access channels anywhere they wished as everyone would have the digital tier. Hardy said after last month's meeting he did more research on the purpose and process of the Triennial Review. Ina 2000 memo Dale Helling stated that the purpose of the Triennial Review is not to reopen franchise negotiations but is more of a performance review. Hardy said he mistakenly took the word "performance" to mean "compliance". Hardy said he now believes that the primary concern, as stated in the provision, is to ensure that "in particular whether the grantee is supplying a level of variety of services equivalent to those being generally offered at that time in the industry in comparable market situations." Bergus said the Commission may need a formal process to kick-start a discussion on compliance with Mediacom. The Review is a reasonable way to do this if there are timely compliance issues that need to be addressed. If there is going to be consideration of franchise amendments regarding moving the access channel locations, the City will be in a better negotiation position if any compliance issues are also on the table. Bergus said there are 3 things that need to be done. First, what does the Commission wish to do with the draft documents. It appears from past discussions that the draft documents serve to inform the Commission where things now stand and what, if anything, might need to change. The draft documents may not be the form submitted to City Council or published as the Commission report. Second, the Commission needs to determine the goal of the Triennial Review as a process. Third, what are the policy goals the Commission wishes to advocate for. APPROVAL OF MINUTES Mekies moved and Hagen seconded a motion to approve the amended August 23, 2010 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Bergus reported that Hardy asked her to participate in the interview session with city manager candidates by members of City boards and commissions. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and noted there were five technical complaints and 1 complaint regarding Mediacom not making atwo-hour repair window available. Hardy said he will keep a count of instances in which subscribers are not offered a 2 hour window in the future and inform Mediacom that they are in violation of the franchise agreement. Hardy said he has not received a response from Mediacom on this matter. MEDIACOM REPORT No representative was present. Hardy said Grassley requested that he only attend Commission meetings when there is an important issue that needs to be addressed. Routine question could be forwarded to him before or after the meeting. Hagen said that a representative from Mediacom should be present at all meetings. Hardy suggested that a phone hook-up could arranged. Bergus said that Mediacom should have some presence at the meetings either by phone or by some other person than Grassley. Bergus noted that Mediacom has not had anyone attend the commission meetings on a regular basis for some time. Mekies suggested that Mediacom could find an additional person to attend the meetings so Grassley would not need to attend all of them. The Commission agreed that Mediacom should be encouraged to find a solution to not having a representative at the meeting. UNIVERSITY OF IOWA REPORT McBride reported that UITV plans on covering the homecoming parade. 30 new shows are planned to be recorded or cablecast in the next 31 days. Students are typically overloaded in November so a large number of productions are planned in October. The Kirk Ferentz news conference is no longer carried live but is cablecast on tape delay. KIRKWOOD COMMUNITY COLLEGE A written report was included in the meeting packet. PATV REPORT Goding reported the City High news program was taping their third program. The Live and Local program will feature organizations affiliated with Iowa Shares. Two new interns have been hired for a ten week period. New programs include the University of Iowa Rhetoric of Inquiry discussion on the southeast side of Iowa City, a Peace by Piece program on the Middle East peace talks, the zombie march, selections from the Landlocked Film Festival, a program from the animal shelter, the Yahoo Drummers, and the PATV open house. The next guidelines class will be Oct. 3 from 2:30-4. The next board meeting will be Oct. 21 at 7 p.m. PATV's annual membership meeting will be Nov. 16. PATV's recent open house was quite successful. Mekies noted there was a program on PATV without any credits that asserted that the events of 9/11 were the work of the United States government and was nothing but propaganda. Goding said that any program that plays on PATV is supposed to have a disclaimer stating that PATV is not responsible for the content and indicate who is. Goding said he will look into the program. Hagen said the commission can not oversee the content on PATV. Goding said PATV is required to play programs that qualify for playback regardless of the content. Programs from the KKK or anti-American leftist would both be cablecast if the producer had met PATV's requirements. Hardy said the Commission has no authority to restrict programming on PATV. Goding said PATV does not pre-screen programs. Hagen noted that prohibited content such as pornography could be cablecast on PATV one time before PATV was aware of it. Goding said programs with prohibited content could be referred to the county attorney. Hardy said PATV's contract with the City prevents them from refusing to cablecast a program based on legal content. There is nothing to prevent PATV from delaying cablecasting a program they think might contain prohibited content until a determination could be made. SENIOR CENTER REPORT Light reported that SCTV reopened in September after being closed in August due to a leak in the roof. Many of the programs at the Senior Center are being recorded and will be cablecast soon. SCTV is participating in the Works in Progress Festival. SCTV volunteers will be discussing the process of making videos at a session in the Senior Center. SCTV is collaborating with a retired theater professor on a project recording personal monologues. SCTV is also working on content for a collaboration with the University of Iowa Intermedia Department on a mobile app for the UNESCO City of Literature. The Senior Center is planning to acquire some LCD displays to serve as Center directories and SCTV programming will also be played back on them. LIBRARY REPORT Fisher reported that 191ive events are planned to be recorded in October. Among theses are 8 are children's programs, 2 League of Women Voters candidate debates, an Intellectual Freedom Festival event on making documentaries, 2 International Writing Program events, a 21 ordinance event, and 2 author talks. ICCSD REPORT No representative was present. Hardy said Hoyland emailed a report. The West High football game was cablecast. Hoyland hopes to discuss cable operations with the new superintendent. The request for three schools to be pilot projects in demonstrating how the school district can make use of the school channel has been resent. Hoyland will be discussing this with Ty Coleman in the near future. CITY CHANNEL REPORT Hardy reported that the City Channel 4 website has added a section on the streaming video page that features some of the programs. Election videos will be featured in October. Technical problems with the fiber connection from the Civic Center to the cable TV office have been fixed. The Market Music program has come to an end for the year. 15 programs were recorded. Two new episodes of "Sights and Sounds" were recorded, one on the construction of the northside fire station and one on the eastside recycling station. The newest episode of "Police Beat" dealt with house parties. Many election related programs are planned. The Community Television Service recently recorded a presentation at the Corridor Business Alliance meeting. Over the summer 13 Friday Night Concert Series performances were recorded. The Iowa Woman's Foundation annual awards program was recorded. Planned productions include the National Association for Mental Illness candlelight vigil and 2 forums on the 21 ordinance. Hardy said that no applications have been received for the vacancy on the Commission. The period when male applicants can be considered begins November 15. Bergus asked if the vacancy was being advertised on the City Channel. Hardy said he will be discussing if this is permitted with Dale Helling. Hardy said the City Channel will be recording and cablecasting several of the University Heights City Council meetings. Mekies asked if University Heights will pay for the service. Hardy said that the first two will be free and charges for any after that would be negotiated. It was recently discovered that the Motorola HMDI boxes are programmed to turn themselves off every four hours. To correct he problem, turn the box off, press the menu button until a menu comes up and reset the timer option. Hardy said Mediacom intends to place all the access channels around the state without prohibitions in their municipal franchise into the digital basic tier numbers in the 80s. Hardy said Grassley said Mediacom would like to discuss this with the City. Bergus noted that the channel position of the Iowa City channels are specified in the franchise agreement. Hardy said that after February 2012 when Mediacom transmissions are all digital Mediacom could put the access channels anywhere they wished as everyone would have the digital tier. IOWA CITTY COMMUNITY SCHOOL DISTRICT LETTER Hardy distributed the letter to Superintendent Murley for the Commissioners to sign. TRIENNIAL REVIEW Hardy said after last month's meeting he did more research on the purpose and process of the Triennial Review. Hardy provided a history of the Reviews from 1979 to 2003. Ina 2000 memo Dale Helling stated that the purpose of the Triennial Review is not to reopen franchise negotiations but is more of a performance review. Both the 1988 and 2003 Triennial Reviews are more performance reviews than recommendations for changes to the existing franchise. Hardy said he mistakenly took the word "performance" to mean "compliance". Hardy said he now believes that the primary concern, as stated in the provision, is to ensure that "in particular whether the grantee is supplying a level of variety of services equivalent to those being generally offered at that time in the industry in comparable market situations." Hardy said there is nothing in the Triennial Review provision that makes compliance an issue. This makes sense since compliance should be an on-going process. Changes to make Iowa City equivalent to other comparable markets could require changes in the franchise. The purpose of the Triennial Review is not to open up franchise negotiations, but to provide the City the ability to change the franchise after the fact if an agreement with the grantee to update the cable service is made. The Commission bylaws reflect this: "The Commission shall conduct evaluations of the system at least every three years, with the grantee, and pursuant thereto, make recommendations to the Council concerning system improvements and amendments to the Ordinance or to any franchise agreement." Hardy said the Commission needs to decide what they wish the goals of the Triennial Review to be and what purpose that will serve. Hardy said the Commission needs to decide if they want to do two reports or one. The Review that was to be finished two years ago could be collapsed into the next Review. Hardy said Mediacom needs to be involved and Grassley told Hardy they would be content with one 6-year report. A public hearing will need to be held. Hardy said the Commission may need to collect additional information and send a letter to Mediacom requesting additional information. The information gathered and the insights gathered in the process needs to be compiled into some kind of form that will satisfy the goals. Bergus said that whatever the Commission does, it should be presented to the City Council. Bergus said the Commission may need a formal process to kick-start a discussion on compliance with Mediacom. The Review is a reasonable way to do this if there are timely compliance issues that need to be addressed. If there is going to be consideration of franchise amendments regarding moving the access channel locations, the City will be in a better negotiation position if any compliance issues are also on the table. Compliance issues should not be abandoned in the Triennial Review process. Hardy said he will take all the sections of the draft report and send them to all Commissioners. Bergus said there are 3 things that need to be done. First, what does the Commission wish to do with the draft documents. It appears from past discussions that the draft documents serve to inform the Commission where things now stand and what, if anything, might need to change. The draft documents may not be the form submitted to City Council or published as the Commission report. Second, the Commission needs to determine the goal of the Triennial Review as a process. Third, what are the policy goals the Commission wishes to advocated for. ADJOURNMENT Mekies moved and Hagen seconded a motion to adjourn. The motion passed unanimously. The meeting was adjourned at 7:08. Respectfully submitted, ~~'''` Michael Brau Cable TV Administrative Aide 4b 2 MINUTES APPROVED PLANNING AND ZONING COMMISSION OCTOBER 7, 2010 - 7:00 PM -FORMAL CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Josh Busard, Charlie Eastham, Ann Freerks, Elizabeth Koppes, Wally Plahutnik, Tim Weitzel MEMBERS ABSENT: Michelle Payne STAFF PRESENT: Bob Miklo, Sara Greenwood Hektoen, Tabatha Ries-Miller, Lorin Ditzler OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 (Payne absent) to approve ANN10-00003/REZ10-00010, an application submitted by City of Iowa City for annexation and rezoning from County Agricultural (A) zone to Neighborhood Public (P-1) zone for approximately 207 acres of property located south of McCollister Boulevard, west of Sand Road SE (Terry Trueblood Recreation Area). The Commission voted 6-0 (Payne absent) to approve ANN10-00004/REZ10-00012, an application submitted by Max 8~ LaVaughn Neppel for annexation and rezoning from County Heavy Industrial (MH) zone to General Industrial (I-1) zone for approximately 1.85 acres of property located at 4764 420~h Street SE. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. ANNEXATION/REZONING ITEMS: 1. ANN10-00003/REZ10-00010: Discussion of an application submitted by City of Iowa City for annexation and rezoning from County Agricultural (A) zone to Neighborhood Public (P-1) zone for approximately 207 acres of property located south of McCollister Boulevard, west of Sand Road SE (Terry Trueblood Recreation Area). Planning and Zoning Commission October 7, 2010 -Formal Page 2 of 4 Ries-Miller said that this area was once a sand quarry and now contains a lake where the quarry once was. She said that there were formerly residential properties in the area, but those were removed after the 2008 floods. She said the property is identified as a potential area for open public place and environmental preservation during in South District Plan planning process. Ries-Miller showed a map that outlines the 100 and 500 year floodplains, as well as the areas of the property that were affected by the 2008 floods. Ries-Miller said the site does have City water but does not currently have sanitary sewer access. She said that it will be made available as development continues in the area. Ries-Miller said that control of the site is in the City's best interest because it provides the public open space for the South District as well as environmental preservation of the wooded wetlands and floodplain in the Iowa River Corridor. Ries-Miller said that the zoning code requires that land controlled by government entities should be designated as Public (P1) to serve as a notice to owners of nearby land-owners. Rezoning would bring this property into compliance with that requirement if it is annexed. Eastham asked for clarification on the sanitary sewer service for the area. Ries-Miller explained that the area does not currently have sanitary sewer access but that as development continues to occur it will be extended. Miklo said that Public Works has some buildings off of McCollister Boulevard and as that area is expanded the subject property could hook into that system. Miklo said that right now there are no facilities on the property but there are plans for a pavilion and restrooms which would require sanitary sewer service Freerks opened the public hearing and invited members of the public to speak. No one wished to speak so the public hearing was closed. Miklo said that it is often the case that the Commission has two hearings on annexations in order to give the public an opportunity to comment; however, it has also been the Commission's practice that if there is no controversy or comment surrounding the annexation then only one meeting is taken. Miklo said that there are grant applications due November 1St for funds to assist with infrastructure for this property, so it is staff's goal to have it annexed prior to that. Miklo said that if the Commission votes on the issue at tonight's meeting, then it would go before City Council on October 26tH Koppes motioned to approve ANN10-00003/REZ10-00010: Discussion of an application submitted by City of Iowa City for annexation and rezoning from County Agricultural (A) zone to Neighborhood Public (P1) zone for approximately 207 acres of property located south of McCollister Boulevard, west of Sand Road SE (Terry Trueblood Recreation Area). Eastham seconded. A vote was taken and the motion carried 6-0 (Payne absent). Miklo said that Terry Trueblood Recreation Area is a good example of how our Comprehensive Plan and the district planning process influence our city's growth. He noted that in 1997 this area was identified by residents of the South District as a potential area for a large park, such as Hickory Hill. It was proposed as a major amenity for the district. At the time it was an operating sand quarry. Many were skeptical that this area could ever be developed as a park. But 13 years later the plan is coming to fruition. Planning and Zoning Commission October 7, 2010 -Formal Page 3 of 4 2. ANN10-00004/REZ10-00012: Discussion of an application submitted by Max & LaVaughn Neppel for annexation and rezoning from County Heavy Industrial (MH) zone to General Industrial (I-1) zone for approximately 1.85 acres of property located at 4764 420th Street SE. Ditzler said this property does fulfill all the requirements of annexation and fulfills an identified need for industrial property identified in the Southeast District Plan. Ditzler said that 420th Street is currently being improved, but that those improvements stop right at the western boundary of this property. Water and sewer will be made to this property and staff recommended approval of this annexation. Freerks invited questions; there were none. Freerks opened public hearing; no one wished to speak and the public hearing was closed. Eastham motioned to approve ANN10-00004/REZ10-00012: Discussion of an application submitted by Max 8 LaVaughn Neppel for annexation and rezoning from County Heavy Industrial (MH) zone to General Industrial (I-1) zone for approximately 1.85 acres of property located at 4764 420th Street SE. Plahutnik seconded. Freerks invited discussion. Weitzel said that he would like to see this property combined with other land in the area to add to the industrial park the City is encouraging. Freerks said this is consistent with the Comprehensive Plan, and is a good addition for the city. CONSIDERATION OF MEETING MINUTES: SEPTEMBER 16, 2010: Eastham motioned to approve the minutes. Koppes seconded. A vote was taken and the motion carried 6-0 (Payne absent). OTHER: ADJOURNMENT: Busard motioned to adjourn. Koppes seconded. The meeting was adjourned on a 6-0 vote (Payne absent). Z _O ~_ V V ~ W ZUo N Z N DD Z Z Z_Q Z Z a o r X X X X ~ X X t0 x o x x x x x W x x x o x x x W X X X X X X X =' x x x x x x x ~ X X x X X O X X X ~ X X ~ X X X X X X X X X X ~ X X X X X X X X X ~ M ~ X X X X X X ~ N x x x x x x x r N x x x x x x x r ~ ~ ~ M N to lf') M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ HX ~ 0 ~ 0 0 0 0 0 0 w w ~ W >- a 2 J W J J a = Z ~ N O v Z a . _ Y ~ W C~ ~ ~ V) ~ Z OC = ~ W W A N W a ~ w a z = ~ ~ a rn ~ cn w a o >- a ~ W z m a w ~ u. Y a a ~ o r X X ~ X ~ X X X X X X ~ X X ~ X X X X X X X N X X X ~ X X ~ ti ti X X X X X X ~ X X X X X ~ ~ X X X X X X ~ ~ ~ X X ~ p X X M X X X X ~ X ~ N ~ W r r M N ~ ~ M ~ , " , , , ~x o o o o o 0 0 W W ~ W ~- a J W J J a ~ ~ O V Z a _ ~ ~ W t~ Y ~ ~ N ~ Z ~ a Y w w ui ~ W W a ~ a z = ~ ~ v~ v~ w a ~- a - W a z ~ m a w ~ ~ O Y Q a .~ a ~ FINAL/AP ~,`~-~r~?,o 4b 3 POLICE CITIZENS REVIEW BOARD MINUTES -October 12, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 5:34 P.M. MEMBERS PRESENT: Royceann Porter, Peter Jochimsen MEMBERS ABSENT: Joseph Treloar STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: Captain Wyss and Officer Smithey of the ICPD RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Porter and seconded by Jochimsen to adopt the consent calendar as presented or amended. • Minutes of the meeting on 09/14/10 • ICPD General Order 89-04 (Civil Rights) • ICPD General Order 99-01 (Police Vehicle Pursuits) • ICPD General Order 99-03 (Prisoner Transport) • ICPD General Order 00-02 (Harassment and Sexual Harassment) • ICPD General Order 00-08 (Weapons) • ICPD General Order 01-03 (Performance Evaluations) • ICPD General Order 04-01 (Personnel Early Warming System) • ICPD General Order 07-01 (Patrol Rifle) • ICPD P.A.U.L.A. Report -September 2010 Motion carried, 3/0, Treloar absent. REPORT FROM NOMINATING COMMITTEE King and Jochimsen were appointed to the nominating committee at the September 14th meeting. Jochimsen reported that the committee had met and would like to nominate Donald King for Chair and Joseph Treloar for Vice-Chair. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by Porter, seconded by Jochimsen to prescribe the method of voting by a voice vote and use majority vote for the basis for decision. Motion carried, 3/0. Treloar absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS Motion by Jochimsen, seconded by Porter to close nominations. Motion carried, 3/0. Treloar absent. BALLOT OR VOTE Motion carried to elect Donald King for office of Chairperson, 3/0, Treloar absent. PCRB October 12, 2010 Page 2 NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON MOTION TO CLOSE NOMINATIONS Motion by Jochimsen, seconded by Porter to close nominations. Motion carried, 3/0. Treloar absent. BALLOT OR VOTE Motion carried to elect Joseph Treloar for office of Vice-Chairperson, 3/0, Treloar absent. OLD BUSINESS Community Forum -The Board confirmed the date, time and place of the forum. Tuttle informed the Board of the publicity that had already been done and what would be done closer to the forum date. To date no questions or comments have been received. The Board agreed to add "Annual" to any further publicity going out. Jochimsen agreed to replace Angie Blanchard-Manning on the forum subcommittee to work with Treloar on the draft summary. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION Jochimsen not available for the November 3~d meeting. The Board will discuss the meeting schedule after executive session. STAFF INFORMATION Tuttle updated the Board on the current vacancy. Applications are due on Wednesday, November 3rd by 5:00 PM. EXECUTIVE SESSION Motion by Jochimsen and seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Treloar absent. PCRB October 12, 2010 Page 3 Open session adjourned at 5:47 P.M. REGULAR SESSION Returned to open session at 6:00 P.M. Motion by Porter, seconded by Jochimsen to set the level of review for PCRB Complaint #10-04 to 8-8-7(B)(1)(a), on the record with no additional investigation. Motion carried, 3/0, Treloar absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 1, 2010, 5:30 PM, Emma J. Harvat Hall (Rescheduled from 11/3) • November 9, 2010, 7:00 PM, The Spot -Community Forum • December 14, 2010, 5:30 PM, Lobby Conference Rm • January 11, 2011, 5:30 PM, Lobby Conference Rm Motion by Jochimsen, seconded by Porter to move the regular monthly meeting from November 3rd to November 1st so that all Board members can attend. Motion carried, 3/0, Treloar absent. ADJOURNMENT Motion for adjournment by Porter, seconded by Jochimsen. Motion carried, 3/0, Treloar absent. Meeting adjourned at 6:03 P.M. i 7 O zz~~ro 0 0 ~~~ ~ y y y ~ ~ ~ ~ fD ~' ~ rr ~ ~ r"I CD a y~ ~ 1 ~~ ~ -c~ ~a roz ~b y~ v ~ro _ r 'J' "S O fD O~ ~ O A~ ~ ~ y C ~ y ,^S A ~ . fD ~ ~ '~' 0Q .~.~ A7 . ~ fD '1 "S '~~ ~ "C S ~ ^i "'~' ~ ~. ..~ A7 ~ ~ ~ d ~ p ~ ~ QQ = N N w N N W W . N b ~ o ~ ~ 'Z Z ~ ~ ~ 2 Z ~ N N ~ ~ ~ i i i ~ ~ i n~+ J i ~ 0 i ~ ~ '~ ~ ~ ~O O ~ ~ ~ 0 ~ ~ A ~ ~~'''' W A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ z z z z z 3 3 ~ 3 ~ ~ 3 z z z z ~ ~ ~ ~ ~ 3 ~ ~ ~ ~t ~ ~ X ~C ~C ~ w O i i i i ~ ~ '~ ~ N Cr1 ~+ 00 i i i i ~ ~ ~ ~ ~ rr O r\r A i i i i ~ ~ ~ ~ ~ r+ C N i i i i i ~ i i i ~ i i i y ~ ~d yv z ~n d ~~ ~~ n O b r ICI n O u Approved Minutes 4b 4 September 2010 MINUTES SPECIAL MEETING SENIOR CENTER COMMISSION SEPTEMBER 9, 2010 ROOM 208, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Merce Bern-Klug, Chuck Felling, Jay Honohan, Sarah Maiers, Jean Martin, Michael Lensing; Rose Hanson Members Absent: None Staff Present: Linda Kopping, Michelle Bhuman Others Present: None RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting. APPROVAL OF MINUTES FROM JULY 15, 2010 MEETING: Bern-Klug noted that the language Jo Hensch used describing the meeting held with gift shop volunteers suggests that everyone at the meeting was in agreement insofar as closing the gift shop. That is too inclusive and should be described as "most everyone". Motion: To accept the minutes from the July 15, 2010 meeting with the above noted edits. Motion carried on a vote of 7/0. Martin/Felling. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan will report on this meeting and Center operations to the City Council and the Board of Supervisors prior to the October meeting. REPORT ON FUNDS INVESTED IN COMMUNITY FOUNDATION OF JOHNSON COUNTY: Pursuant to activities of the Board of Friends of the Center, Honohan met with Mike Stoffregen and requested quarterly reports on Senior Center accounts held Approved Minutes September 2010 in the Community Foundation. Stoffregen agreed to provide these as well as annual reports. Stoffregen gave Honohan a copy of the Community Foundation's audit for fiscal year 2009, ending on June 30, 2009. He noted that there were eighty-eight (88} different groups in the Community Foundation of Johnson County at the end of fiscal year 2009. At that time, Senior Center funds totaled approximately $410,000 and represented about 9% of the Community Foundation's total assets. The Center was the third highest contributor. Maiers noted there was probably a significant change in total assets for all investors during fiscal year 2010 and that additional funds had probably been invested. As a result, the percentage of Senior Center assets and its ranking among the contributors would likely be different now. Honohan offered to provide the audit to anyone interested in reviewing it. Honohan announced that Michael Lensing is president, Roger Reilley is vice- president, Nancy Wombacher is secretary, and Linda Kopping is the treasurer of Friends of the Center. Hanson asked about the purpose of Friends of the Center. Honohan related that when the money is held by the city, there are state laws defining what investments may be used. These are all low-yield securities. In 2003, Iowa City Senior Center Fund, Inc., which is now Friends of the Center, was formed to manage donations to the Center. It allowed for the funds to be invested in the Community Foundation where they could earn a higher yield. Since its inception, Friends of the Center has invested $120,000 to $130,000 in improvements to the Center. Burn-Klug reminded the Commission that there was to be a session about the budget at this meeting. This will be covered at the next meeting. Kopping indicated that funding for major facility improvements were part of the operational budget. She also reported that gifts to the "Center" or "Senior Center" are deposited in acity-managed account called the gift fund. Donations to the "Friends of the Center" are managed by the board of the Friends of the Center on behalf of the Center. Any fundraising activity that is sponsored by the Senior Center is counted as revenue for the current operational budget. Friends of the Center will focus on increasing the Senior Center endowment. Honohan stated that he would put together a summary of Friends of the Center for the next commission meeting. Kopping distributed a draft copy of a section of the Operational Handbook that covers operational funding, gifts, and donations. This information will help prepare for next month's discussion of Center funding. 2 Approved Minutes September 2010 REPORT ON USE OF_ ROOM 103: Currently the room is being used regularly for overflow programming, but we seem to be leaning toward the direction of fitness. The room is fairly spacious, has large windows, and participants are indicating they enjoy using the space. Different types of flooring, mirrors, and a dance bar are being investigated. One type of flooring being considered is interlocking rubber flooring that can be installed directly over the carpeting. It would be less expensive than hardwood and easily removed if a decision was made to use the room for something other than fitness. There was a brief discussion of fall programming. Buhman reported that there are waiting lists to get into several classes and many others are filled to capacity. Different room locations, if available, creative scheduling, and new room setups have been employed to increase the capacity of the classrooms. OPERATIONAL OVERVIEW: Kopping asked if there were any questions on the staff reports included in the meeting packet. Martin asked if there was any thought about what was going to happen to the room formerly used for the gift shop. The idea of taking out the wall between 208 and the former gift shop to create a larger classroom was discussed. Structural plans from the 1930s addition are being looked for in order to determine if the wall is a support wall. Hanson asked if we needed a room this large. Kopping responded that currently we have a maximum number of students that can be accommodated in each room and on a fairly regular basis we are putting participants on waiting lists because they cannot be accommodated in the classroom. Lensing suggested considering a movable wall unit that allowed for the space to be configured in to one or two rooms. Kopping indicated that we are only exploring options right now because of the need to find out about the structure and concerns that the resulting room would have drawbacks for use as a classroom. For instance, the length of the room might be a problem when using audiovisual equipment. Bern-Klug inquired about Kristin Kromray, the newly hired operations assistant. Kopping stated that she had all the skills we were looking for and extensive customer service experience. Approved Minutes September 2010 Hanson asked what the operations assistant's annual salary was. Kopping said she was not entirely sure without looking. She went on to describe the employment levels and steps used for determining the salary of city employees. Maiers asked if the maintenance report indicating that the roofing and tuck pointing project would be completed by September 10th, 2010 was accurate. Kopping stated that she did not think it would be done by then, but they were making good progress and the work would be completed very soon. Kopping reported that the chiller on the roof developed another oil leak. She noted all the recurring problems that have occurred with the new HVAC system and reported that everyone is getting very frustrated by the fact that it is not working properly. The project has not been officially completed and the contractors have not been paid in full. The city architect, Kumi Morris, is working diligently with us to resolve this situation and if results are not forthcoming the legal department will be asked to help resolve the situation. The staff has gone through the operational review process that was done last fall and prioritized the recommendations. She handed out a document that was organized according to each operational area that was reviewed, such as programming. Under each area reviewed, the recommendations that are already standard or ongoing practices were separated from the recommendations that have not been undertaken. This document has also been shared with the members of the Center Steering Council in order to provide guidance to the subcommittees as they decide upon their goals. The purpose of this process is to get everyone focused on actions that have been identified as an operational weakness. A draft revised section of the operational handbook discussing various types of participant cost sharing was distributed. A section on operational funding was distributed at a previous meeting. The information is comprehensive and will be useful if reviewed prior to the next meeting when a discussion of financing takes place. The kiln no longer works. Research is being done on the types and costs of a new kiln. Martin asked if there was enough potential use of the room to justify the expense of a new kiln. Kopping noted a lot of people have expressed interest in the room, but it has been hard to evaluate with the recent closure, the lack of a regular instructor, and now the lack of the kiln. Buhman reported that in addition to the cost of the kiln, there would also be costs associated with proper installation. Bem-Klug asked if it would be possible to use the kiln at a nearby ceramics studio. Kopping responded that the unfired work is fairly fragile and could easily be damaged in transport. Buhman indicated she would contact the local business to see if some type of partnership could be established. 4 Approved Minutes September 2010 Martin inquired about the use of the art studio. To address the inability to accommodate all interested participants, the painting instructor has added additional sessions. Starting in October, he is scheduled to teach six sessions a week rather than four. At this point, it is uncertain that the two new sessions will have a large enough enrollment to be carried out. Additional promotion of the new sessions is planned. In addition to the painting classes, the art studio is also being used this semester for basket weaving and drawing classes. Kopping reported that she is in the process of revising the Operational Handbook. COMMISSION DISCUSSION: The membership appreciation dinner, sponsored by US Bank, is scheduled for September 16, 2010. Buhman noted that if anyone wanted to volunteer to carpool to the event, there were people interested in getting a ride. The next Commission meeting is scheduled for October 21, 2010. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 7I0. Maiers/Bern-Klug. 5 m zOOX n~j~n n n u ZZDD~ O O ~ N ~ v m m m ~ ~ rt rt CD =~ m ~ ~ ~ -'s ~ ~. w o ~ ~ ~ ~~ 3 3 = N n ~ n ~ N O ~ m ~ _ ~ O- im ~ ~ r ~ ~ ~ , v ~ ~ ~ ni o ~ ~ u, to ~ ~ co 3 m ~ N N N N N N N w w w w w w w m 3 ~ ~ ~ 3 N ~ O O ~ N ~ ' ~ N X ~ X X X X O N X X X ~ X X m w X X X X ~ X X N w O ~ X X X ~ X X N m v, X X X X ~ X X N O O X X X X X X X X ~ X X X X ~ Z Z Z Z Z Z Z ~ _ ~ X X X X X X X O N O N O ~ D u~ c~ ~ o ~ ~ o ~~ O n c~ ~ ~ n n 0 0 a~ y O D ~~ ~ ~ W ~ 3a ~ 3 ort c~ O U~ 46(s) MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2010 - 6:30 PM EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Andrew Chappell, Scott Dragoo, Char-ie Drum, Jarrod Gatlin, Holly Jane Hart, Michael McKay, Rebecca McMurray, Rachel Zimmermann Smith MEMBERS ABSENT: Andy Douglas STAFF PRESENT: Tracy Hightshoe, Steve Long OTHERS PRESENT: Charlie Eastham, Maryann Dennis RECOMMENDATIONS TO THE CITY COUNCIL: Recommended on an 8-0 vote (Douglas absent) allocating $15,000 in CDBG Program Income for FY11 Public Service Funding Requests in the following manner: Shelter House $4,000, the Crisis Center $4,000, the Free Medical Clinic $4,000, and The Arc $3,000. Recommended on an 8-0 vote (Douglas absent) approval of the FY10 Consolidated Annual Performance and Evaluation Report (CAPER) as presented and revised by staff. CALL TO ORDER: The meeting was called to order by Vice-Chairperson Charlie Drum at 6:30 p.m. APPROVAL OF THE AUGUST 19, 2010 MEETING MINUTES: Chappell motioned to approve the minutes as amended. Hart seconded. The motion carried 8-0 (Douglas absent). PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2010 PAGE 2 of 7 STAFF/COMMISSION COMMENT: Hightshoe said that Linda Severson, JCCOG Services Coordinator, has informed her that the Aid to Agencies applications are in. The plan is to have the Commission look at the applications in October/November and send recommendations to City Council thereafter. Hightshoe said that Severson had just wanted to give the Commission a heads up on the process. Long said Severson would provide guidance on the process. Hightshoe said that the state has awarded another $1.4 million for the Single Family New Construction Program, which is enough to build about 30 more homes. Hightshoe said that staff is preparing a development plan that will be submitted to the state by October 15th. Hightshoe gave a brief overview of the income guidelines and construction cost parameters for the program. She said that it is anticipated that there will be a third and fourth funding cycle for this project. Hightshoe pointed out that the projects had helped low-income homeownership in the community and have also helped with retention of -ocal construction-related jobs. Long said that the City had not received funding for the proposed west side levy, so the $1.9 million the City Council had set aside as matching funds will now be added to the allocation process. Long said applications for funding are due October 31St, and will be reviewed in November. Hightshoe said that this allocation represents four times the usual yearly allocation. Zimmermann Smith asked Hightshoe to review exactly what that money can be used for. Hightshoe said that it is CDBG money so it can be used for economic development activities, micro-enterprise assistance, public facilities, aid to agencies, public infrastructure in a low- income census tract, creation or acquisition of affordable housing. Hightshoe noted that up to 15% of the $2.9 million could be reserved for public services in the FY12 allocation. Long noted that staff would probably recommend reserving a slightly smaller amount than that. Long noted that the money can be used to acquire land for future construction of affordable housing. Hightshoe said the City must certify to HUD that the money is used primarily in residential areas of low to moderate income, and that the University's student population is not targeted. McKay said that it would be helpful if staff would put together a little sheet that says what different funding streams can and cannot be used for. Hightshoe said that the applications will be screened for eligibility before the Commission even sees them. McKay said it would be helpful to have nonetheless. Hightshoe said that essentially all activities are CDBG eligible, it is just a matter of setting priorities for funding. She noted that there could be a wide range of project proposals for this round of money, and that the minimum award amount is for $50,000. Hightshoe noted that the proposed 20-year cap on affordability periods has been approved and will be implemented. She told the Commission to expect to hear from past funding recipients who wished to change their award terms. NOMINATION AND ELECTION OF OFFICERS: Hightshoe said the process is pretty informal. Every September a Chair and Vice-Chair are nominated. Drum nominated Michael McKay for Chair. McMurray seconded. A vote was taken and the motion carried 8-0 (Douglas absent). Gatlin nominated Andy Chappell as Vice-Chair. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2010 PAGE 3 of 7 Zimmermann Smith seconded. A vote was taken and the motion carried 8-0 (Douglas absent). NEW BUSINESS: ALLOCATION OF $15 000 IN CDBG PROGRAM INCOME FOR FY11 PUBLIC SERVICE FUNDING REQUESTS: Hightshoe said that the notification of additional funds had been sent to all applicants, and that all applicants that responded requested the difference between their original request and the amount actually awarded. She noted that ISIS was not technically fully funded, but that they had received their original funding request because the developer fee was increased. Hightshoe noted that Extend the Dream had had their $40,000 allocation recaptured because construction work was begun before environmental clearance was received. Hightshoe said that the policy for uncommitted CDBG funds says that the Commission will consider allocations in priority order. She said that there are technicalities the Commission needs to be aware of when making these allocations, and that there are timing differences when funding a new project versus giving more money to an already funded project. Drum noted that the funds had to be awarded in relatively short order and Long said that was correct. McKay asked for recommendations from the Commission. Gatlin said that he did not think additional funding should go to projects that received full funding in the first allocation process. Hart said that she was partial to the idea of funding the Arc, and Chappell agreed. She said that she also liked the EccoCast project, though she suspected they might not rate high on the priority scale. Drum said that while he felt that they had an important idea, he did not see the solution to the problem coming from their project. Zimmermann Smith said that she feels like Shelter House, the Crisis Center and the Free Medical Clinic each received a relatively small percentage of their original requests, but provide basic human services in the community., She said that while some of the other projects may be great to have in the community, those three agencies provide critical community needs. She said she would support fully funding those agencies. Drum said that he could agree with that sentiment. McKay asked if the Commission wanted to equally distribute the full $15,000 between those three agencies and the Arc. Drum said he would rather see the money distributed in larger chunks to a few agencies, so that it could do the most good. Drum said he loves the Arc and thinks they do a wonderful job, but is not sure he would fund it equally with the other three. Zimmermann Smith said she agreed. She suggested giving $5,000 to the Crisis Center, $5,000 to Shelter house and $5,000 to the Free Medical Clinic. McMurray said that the Arc should be funded as well. Hart said that giving the Arc $3,000 would nearly fully fund their original request. McMurray said it is rather rare that the Commission gets to fully fund something, so that would be nice. Drum motioned to fund the Crisis Center at $4,000, the Free Medical Clinic at $4,000, Shelter House at $4,000, and the Arc at $3,000. Chappell seconded. A vote was taken and the motion was approved 8-0 (Douglas absent). HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2010 PAGE4of7 PUBLIC HEARING 8~ APPROVAL OF THE FY10 CONSOLIDATED ANNUAL PERFORMANCE ~ EVALUATION REPORT (CAPER): Hightshoe said that within 90 days of the end of the fiscal year the CAPER must be submitted to HUD. She said that the format is largely proscribed by HUD, and may be somewhat awkward for Commissioners to review. She said that the Housing Fellowship had submitted a written comment on the CAPER during the public comment period. She said the comment pertained to rules on geographic distribution of low-income housing and that staff was in consultation with the legal department on this issue. She said that the City Council never formally implemented a policy but did create a task force and created a map to encourage the creation of low-income housing in areas where it is considered "underserved." Hightshoe explained that projects wishing to locate in areas not considered encouraged for affordable housing opportunities were required to go before City Council to seek approval. Hightshoe said that the City Council has approved two projects in the past that were not in areas encouraged, but denied the most recent one. She said staff will amend the section, geographic distribution of funds, to reflect this along with the comments submitted by the Housing Fellowship. McKay opened the public hearing on the matter. Charlie Eastham, President of the Board of Trustees for the Housing Fellowship, said that his organization had commented on the Geographic Distribution section of the CAPER. He said that his understanding is that staff intends to revise that section of the CAPER, and that he would like to see the public get a chance to comment on the revisions prior to its submission to HUD. McKay asked how that could be done. Long said that if comments were received in a timely manner than it would be possible. Hightshoe noted that this particular comment was not received until today. She said that the CAPER has to be approved and sent to HUD by September 30`h. She said that while there is not time for another public comment period and public meeting, staff does have to respond in writing to any comment received and provide a copy of that in the CAPER. Long said that just because there is a comment does not mean that the document needs to be changed; it just means that the comment and response must be included in the report. Eastham said that his understanding is that staff intends to revise the document and submit it before there is opportunity for public comment. Eastham said that his point is that the City should present a finalized draft of the CAPER for public comment. Maryann Dennis from The Housing Fellowship said that they had not had a Board meeting scheduled until Tuesday night, and it was at that meeting that the Board directed her to send the memo to the City. Dennis noted that the map that the City Council uses as a guide for where agencies should attempt to locate affordable housing is not in fact based on census tract data, as is often stated. She said that there are two census tracts in the community that were switched by City Council back in 2005. Dennis said there is a census tract in Olde Town Village near Blackstone Restaurant that was switched so that it did not truly match the data from the census. Long noted that it also is not based solely on the Fair Share matrix that was recently developed. McKay asked if this had been an issue for Dennis as concerns decisions from the Commission. Dennis said it had not been an issue in regard to this Commission. Eastham said that the City Council map has affected their decisions about where to attempt to build affordable housing. McKay noted that the decision about the property on Muscatine Avenue had certainly HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2010 PAGE 5 of 7 been affected by it. Eastham said that it had also affected their decision-making as to where to purchase land for development. Long said this would be discussed by City Council in October. McKay asked if there was further public comment, and there was none. McKay asked if the timing could be arranged such that there is more time for public comment in the future. Hightshoe said that the CAPER has been out fora 15-day public comment period. As there was no other comment, McKay closed the public hearing and invited a motion. Chappell asked if staff had an opinion as to whether or not a change needs to be made to the plan based on the comments received. Hightshoe said that staff will revise the CAPER based on the comments received. Chappell asked if the legal department had an opinion on whether or not the plan should be changed. Staff will confer with legal as to address the concern in the public comment section or to include in the public comment section and revise the Geographic Distribution section in the CAPER. Long said that the legal department had expressed an opinion. Hightshoe said that it was not yet decided if the body of the agreement would be changed, but that it was certain that there would be staff response as it is required. McKay invited a motion. Drum motioned to approve the CAPER plan with public comments and with the modifications for geographic distribution as determined by city staff. McMurray seconded. A vote was taken and the motion carried 8-0 (Douglas absent). SELECTION OF PROJECTS TO MONITOR FY11: Hightshoe said that every year each Commissioner takes 2-3 projects to monitor over the course of the year. The Commissioners chose which projects and months they wished to do their monitoring reports. Hightshoe said she would revise the list and include a copy of it in the next commissioner packet. TIMELINE FOR THE ANNUAL REVIEW OF CITY STEPS: Hightshoe said that even though it seems like the CITY STEPS plan was just completed, it is already time to begin thinking about the annual review. She said that staff will set up a couple of public meetings over the next month and bring the meeting results before the Commission. If the Commission then decides that there is any part of CITY STEPS they wish to do an amendment on that process would then be begun. Hightshoe said that Commission members are welcome to, but not required to, attend the community meetings. A question was asked by a Commission member about the Special CDBG Allocation process, and Hightshoe reiterated that it will be a less formal process than the usual allocation process. Zimmermann Smith asked if there will just be one meeting for the special allocation process. Hightshoe said the Commission will make a recommendation to City Council. City Council will then have a public comment period and vote to either approve or deny the recommendation. Zimmermann Smith asked if it would be considered by the Commission over more than one HOUSING AND COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 16, 2010 PAGE6of7 meeting. Long said it would all happen in one night. He did note that the entire $2.9 million did not have to be spent and that a waiver could be obtained from HUD; he pointed out that this discussion was taking place outside the order on the agenda, however, and should probably not go further. ADJOURNMENT: Chappell motioned to adjourn. Drum seconded. The motion carried 8-0 (Douglas absent). The meeting was adjourned. Z O N z w a O w w D ~_ Z C~ C 0 U O Z Q Z O 2 0 O U w Wo U~ Z° Q N Z W Q x o x x x x x x x x a~ x x x W 0 x x w 0 w 0 0 , ' x x o x x x x x o x x o x x o x x o ; N X X X X X X X X X M X X X X X X ~ X X M co X X X X X X X X X N N T X X X X X X X X X N ~- M N M ~- ~ O N M X OCa w o N ~ O ~ O o N ~ O ~ O ~ O ~ O o N 0 N H w ~ O O ~ O O O O ~ ~ a U w - o w z a ~ w m z = ~ ~ a ~ ~ = ~ ~ ° a Q J U r m z v c ~ w U = _ Q OC J O w a C7 ~ ~ ~ Q ~ _ ~V ~ D 2 Y U_ ~ ~ Z U D C9 ~ ~ ~ N D ~D N ` ~ ~ ~~ w a~i ~ ~ C N (0 .a O Q Z W O m ~ ~' a~ ~~ az° II II Y~ X Z Page 1 of 1 Liz Osborne From: Sheila Cronbaugh [scronbaugh@UICCU.ORG] Sent: Tuesday, October 19, 2010 11:04 AM To: Liz Osborne Subject: request for subordination Attachments: SKMBT_60010101910470.pdf Liz I am assisting Connie Welk with clearing finals and this one needs a subordination agreement initiated by you please. I have attached a copy of our mortgage and your mortgage that mistakenly was recorded in the incorrect order. Our member is John Hobart with the address of 221 Huntington Dr IC and the sellers were Arlington Development. Your help would be greatly appreciated. Thank you so much for your time and attention concerning this matter. Sheila Cronbaugh Mortgage Loan Servicer University of iawa Community Credit Union Mormon Trek Office uiccu.org ph 319-248-5845 fax 319-341-2123 "Ufe Without Limits" From: administrator@uiccu.org [mailto:administrator@uiccu.org] Sent: Tuesday, October 19, 2010 5:48 AM To: Sheila Cronbaugh Subject: Message from KMBT_600 This e-mail, including attachments, is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender if you received this message in error, and then please delete it. Thank you. 10/ 19/2010