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HomeMy WebLinkAbout1992-08-18 Bd Comm minutes -. ;A~) ...\! " : I MINUTES RIVERFRONT & NATURAL AREAS COMMISSION JULY 15, 1992 - 5:30 P,M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Roger Bruner, Barbara Hinkel, Jan Hubel, Debora Liddell, Don Otto, Larry Wilson MEMBERS ABSENT: Loren Horton, AI Rebal, Nancy Seiberling, Dean Sullivan, Vacancy STAFF PRESENT: Moen, Neff CALL TO ORDER. INTRODUCTIONS AND ANNOUNCEMENTS: ;,. . Chairperson Bruner called the meeting to order at 5:41 p,m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none, CONSIDERATION OF THE MINUTES OF THE JUNE 17. 1992. MEETING: Otto noted that Rebal's name was spelled incorrectly, Wilson moved to approve the minutes of the June 17, 1992, meeting as amended, Liddell seconded, The motion carried 6-0, '; " DISCUSSION OF THE COMMISSION'S ANNUAL REPORT FOR FISCAL YEAR 1992: Bruner asked if there were any changes or recommendations for the draft as presented. Wilson asked if the slide show refers to the Commission creating a new slide show or continued use of the existing slide show, Moen noted that it referred to expansion of the existing slide show. Wilson stressed that if the slide show is continued to be used, it will need to be improved, Bruner suggested changing the language in the annual report to reflect that the Commission will continue to update the existing slide show. ! '. Moen asked if the Commission wanted the annual report to continue to reflect the Commission's interest in sponsoring CDBG applications, At Hinkel's request, Moen reviewed the CDBG process in Iowa City. She stressed that an application's success depends on the pool of applicants and those who would be served by the proposed projects, She explained that with the Ned Ashton Gateway, it was not a question of whether the West Benton area was a low-moderate income neighborhood, but rather whether the park could adequately serve the Miller/Orchard neighborhood because of its separation from the neighborhood by Riverside Drive, Bruner said he would like to have the Commission continue to sponsor CDBG applications thai impact Commission interests and activities, Bruner suggested clarifying language in the report with regard to the coordination of activities regarding Sand Lake. Wilson said he understood that the goal was to convert the area to public use. Bruner said the origin of the concern was that the lake was being illegally filled, ,,17~f. . I I , -. Riverfront & Natural Areas Commission July 15, 1992 Page 2 He stressed that there was no public interest at that time in acquiring Sand Lake. Wilson suggested the Commission should state its present goals. He said he feels that the Commission should support attempts to prevent further fill from being placed in the lake so that it can be preserved for public use, Otto said that originally he felt that Kennedy, the property owner, was being prohibited from doing something that he had every right to do with his property, He said he still has conflicting feelings about this project. He said that if Kennedy was doing something improper with the land, that is different than if he is simply being denied the right to develop the property in a manner that it is zoned for, He stated he feels the pond is attractive and if the City can acquire Sand Lake, then the Commission should support such' an acquisition if Kennedy agrees, . ,~ . Moen explained that the U.S, Army Corps of En.gineers has said that Kennedy cannot fill the lake without providing a comparable body of water elsewhere, She indicated that one problem is defining the term "elsewhere." She said there is a good risk that Kennedy will not be able to provide a compensating waterway so Sand Lake would likely be preserved, She stressed that the pressure comes from the Corps of Engineers, not the Commission or City. Bruner stated that the concern of the Commission and others was to bring the issue to the attention of the Corps of Engineers to verify the legality of the placement of the fill in Sand Lake. He explained that the Corps of Engineers determined that the fill was illegal. Wilson said that he doesn't believe his position conflicts with Otto's position, He said he feels the Commission should take a position on this issue, Otto said his concern is having the owner's cooperation and support. Wilson suggested leaving the annual report language as it currently exists and adding that the Commission will support other efforts in acquiring the property for public use, Otto suggested that establishing a trail in this area may help to direct development, Bruner suggested deleting references to preventing further fill because this has been taken care of through the Corps of Engineers' regulations. . Hubel suggested phrasing this paragraph in a manner to recognize that Sand Lake is likely to remain as it is and that the Commission will coordinate efforts to establish an Iowa River Corridor Trail in the area, Bruner said that Kennedy would probably be financially unable to create a comparable waterway, but he noted that the possibility does still exist. He suggested that establishing a trail could encourage Kennedy to develop the area in a more aesthetically pleasing manner. Hinkel said it was her understanding that FIRST was being aggressive in this area and that the Commission was supporting these efforts, Moen responded that Casey Cook, a member of both FIRST and the Planning and Zoning Commission, is active in the efforts, She said there appears to be movement within the Planning and Zoning Commission to have a trail around Sand Lake and not just between the Iowa River and Sand Lake. Liddell said she would be uncomfortable committing to supporting a trail around the lake without additional information. Bruner stated that the goals can be expanded later if necessary, There was a consensus to support efforts to establish a trail between the Iowa River and Sand Lake. By general consensus, the Commission approved the annual report for fiscal year' 992, as amended. I ?oli -. Riverfront & Natural Areas Commission July 15, 1992 Page 3 DISCUSSION OF POTENTIAL TRANSPORTATION ENHANCEMENT ACTIVITIES: Moen referred to a memorandum from Jeff Davidson dated June 24, 1992, directed to organizations interested in activities that could receive ISTEA funds, She explained that the funds were intended for projects that have approved development plans and not those that are still in the planning stages. She suggested that the Ned Ashton Gateway and the Iowa Avenue to Burlington trail project are potential competitors for these funds, With regard to the Ned Ashton Gateway, Moen stated that there is still some uncertainty with regard to the status of the use of parkland acquisition funds for this project. She said road use tax funds are intended for the Iowa Avenue to Burlington Street trail segment and these funds were not being considered as a source of funds for other projects at this time, Wilson expressed a concern that if they apply for additional funds for these projects, then they might lose the original funds that have been committed. Moen said the Commission could stress that, if ISTEA funds are not available, then the Commission would expect existing financial commitments to these projects to remain intact. Wilson expressed concerns about the construction season, He said if the deadline is in 1993, he would hope that the Commission would know the status of the original funding sources before applying for ISTEA funds. RIVER CORRIDOR TRAIL UPDATES: 1. Ned Ashton Gateway. No new information was available. 2. Iowa Avenue to Burlington Street. No new information was available, 3. Iowa Avenue to Art Building. Wilson said that it appears that the University of Iowa might be able to provide some type of engineering study, but time is the problem because the work is a low priority. Hinkel asked if anyone had received any information on whether or not the Idyl/wild detention facilities were functioning properly, Moen reported that the final develop- ment plan for the project has been approved and the building plans were also approved for the first structure in the northeast corner of the parcel. Wilson said a fair test of the functioning abilities of the detention facilities cannot be measured until the roads and buildings are constructed because the facilities are designed to handle the excess runoff from aI/ the buildings and pavement. 4. Kennedy's Waterfront Addition, Part Three - This item was already discussed, UPDATE ON DEVELOPMENT ITEMS: Moen reported that the Furrows Edge Acres Subdivision, a proposed residential development located north of Iowa City, east of Highway 1 North and north of Rapid Creek Road. is under consideration by the City, She explained that the City can approve or deny plats that are within two miles of the Iowa City corporate limits, She explained that development within this area is guided by the Fringe Area Agreement between the City and Johnson County, She J7~~ . .._____J~~------.-....--. -.-..-...-.. ,- ~---- ", I , , ": ..1__ -. Riverfront & Natural Areas Commission July 15, 1992 Page 4 indicated that this is an area with rugged terrain, but the developer anticipates not disturbing these areas. Moen noted that all proposed lots are a minimum of three acres in size and the building sites and absorption fields are proposed to be placed to avoid the rugged terrain, She reported that this item is before the Planning and Zoning Commission at this time, , Staff is concerned with the proliferation of roadway and driveway access points from the development directly onto Highway 1. She indicated that the Iowa Department of Transportation approved the proposed access points with regard to sight distance, She explained that staff would like to have an access easement that would enable the Fox Lane access to be closed if the area is annexed in the future, In response to a question from Wilson, Moen explained that the sight distance is acceptable for both proposed roadway access points under the Iowa Department of Transportation standards, but the Fox Lane access is slightly better. COMMITTEE REPORTS: Wilson suggested that the Commission review the Committee tasks at the next meeting. Bruner said Committee membership should also be reviewed at that time, 1, Waterways Committee. There was no report, 2. Wetlands Committee. There was no report. 3, Woodlands Committee. There was no report. 4. Trails and Access Committee' Wilson reported that all of last year's tasks have been completed, He said that he toured the Sand Lake area with the Parks and Recreation Commission as did Otto and Liddell, Moen said she would let the Commission know if there are similar opportunities in the future, COMMISSIONERS' REPORTS: Bruner reported that he received a phone call from a local television reporter and she will be calling on a regular basis for Commission information. F,I.R.S.T, REPORT: Wilson said the committee discussed the Burlington Street to Benton Street segment of the river corridor trail, He indicated that they waiked the area and will have to find a way to direct the route around the Hydraulics Building. He said they have a similar tour of Sand Lake scheduled on July 23, 1992, at 11:45 a,m, He said they are frustrated with the Iowa Memorial Union Bridge to Iowa Avenue segment. He explained that the cost estimate is the delay, but it appears that one might be available. Moen explained that the City Engineering Department only has an estimate of the cost to develop plans and an approximation of the cost to implement the plans, Wilson expressed concern that this is not adequate information to apply for ISTEA funds, He said FIRST would like some type of cost estimate and he asked if the City could contract the project out to get it done in time to compete for ISTEA funds, 17~'i ,'." -----~.._._--_._.._-~_..- ~~--" -...---- ~,,- -... :j -\ " " 1iiiliI"~' ...', ", ;-1 Riverfront & Natural Areas Commission July 15. 1992 Page 5 Moen stated that this would be a capital project that has not been funded for this year, She noted that ,the project is not in the Capital Improvements Program for FY93.95, Wilson expressed frustration because plans are needed before anyone can apply for funds. Liddell said that the Parks and Recreation Commission would be unlikely to recommend the use of Parks and Recreation parkland acquisition funds for a capital project. However, she noted that in the past such projects have been funded with a loan. Wilson asked if private funds could be donated to the City to allow the Engineering Department to complete the study, Moen stated there would still be problems related to the Engineering Department's work schedule. Wilson asked if a private consultant could interact with the City staff, Moen said City Engineering input or approval would still be needed if it is located on City property prior to Council considering the item, She suggested that the Commission could consider proposing this as a capital project. Wilson said that since there is currently not a cost estimate. he will see what the University of Iowa can provide, , I I : , I I I I I " Liddell asked if anyone had information on Rochester Hills. Moen responded that the developer was required to correct the erosion control measures and did so to the satisfaction of the Public Works Department. Wilson commended Moen on the agenda packets because they are concise and to the point. Moen explained that a new staff person would be hired as a half-time employee of the Planning Department and a half-time employee of JCCOG, She said interviews should take place in August and the individual should be hired in September. " ADJOURNMENT: Hubel moved to adjourn at 7:04 p,m, Wilson seconded, The motion carried 6-0. Minutes submitted by Mary Jo Neff, \1,7.15 17a.8 ._.......__...__......","',.,...."1'0'--.. ,-___ .. '~"'l"- -,,_ I ..._......__......_'........M_....... ______ _ n ..... __ --. ~'oV ! , I i I ! 1 Draft MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION WEDNESDAY, JULY 8,1992 - 5:15 PM SENIOR CITIZENS CENTER - CLASSROOM 1 MEMBERS PRESENT: Trey Stevens, Paul Casella, Cordell Jeppsen, Tim Finer, Roger Christian MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Brau OTHERS PRESENT: Casey Ashe. Doug Allaire, Jerry Nail RECOMMENDATION TO COUNCIL Approve 1992 BTC Annual Report, LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION Triennial review and cable TV refranchising/renewal process, Approval of 1992 BTC Annual Report. SUMMARY OF DISCUSSION The library and PATV both have been working on their refranchising proposals, PATV's survey of community producers will soon be completed and will be used in the development of their refranchising proposal, The Access Channel Proposal Guideline, which is intended to assist access channel providers develop their refranchising proposal, will be mailed shortly, One section of the guideline concerns a possible PEGL (Public, Education, Government, Library) facility which would house the access channels. Shaffer will include a letter to the boards of access channel providers with the Guidelines to ascertain if there is a conceptual agreement to pursue a PEGL facility, The Commission passed a motion recommending that the City Council approve the 1992 BTC Annual Report. TCI of Eastern Iowa plans to preempt a channel, possibly the Weather Channel or VH 1, to open space for the pay-per-view Olympic Triplecast. As compensation, a pay channel of the subscriber's choice will be made available free of charge for one month to those who request it. Finer will attempt to get financial information from TCI on the Iowa City system and noted that the ihformation is required by the franchise agreement but has never been provided by TCI, The technical audit is scheduied for July 29-30, The Needs Assessment will soon be sent out to organizations of Iowa City. CALL TO ORDER The meeting was called to order at 5:20 p.m, 17a.~ .....,.....,..",,~,-....-.....,..:;":~ ,.,:, I , I "",', . . -~. I I , l -. Broadband Telecommunications Commission July 8, 1992 Page 2 APPROVAL OF THE BTC MINUTES Jeppsen moved to approve the May 20, 1992, minutes. Seconded by Finer. Unanimously approved. SHORT PUBLIC ANNOUNCEMENTS None. ANNOUNCEMENTS OF COMMISSIONERS None. LIBRARY REPORT Casey Ashe reported the Channel 20 refranchising task force has been compiling information to assist in their development of their proposal, Channel 20 productions have centered on storyhours. Ashe will be attending the National Federation of Local and Community Producers INFLCPI July 15-19, ',".. PATV REPORT Doug Allaire reported the PA TV Board has been busy working on their refranchising proposal, Part of that effort has been to discuss where they want PA TV to be in the next few years and to build their proposal around those goals, Rene Paine has been promoted to the Programming Coordinator position, Doyle Detroit has been filling in as Administrative Assistant. The survey of community producers is not quite finished, The results of the survey will be used in the development of PATV's refranchising proposal. The July 23 PATV Board meeting will be followed by a brainstorming session on the future and development of PATV, "-. ECC REPORT An annual report was provided, Shaffer said he was pleased to see that more effort is being put into programming Channel 27, Stevens noted that the number of student productions is down and expressed a desire to see students become more involved in productions, LEGAL REPORT The list of issues before the Legal Department have all been addressed and opinions provided, Nothing is currently pending, BTS REPORT Shaffer reported he has received six complaints - two about outages. one about the $5 late fee, one about directory assistance not having a number for Heritage Cablevision, and two about cable bills arriving late, Jerry Nail, TCI Office Manager, explained that due to the change in billing system there was a delay because of the need to inspect and approve the 17~q , "I I , , -. Broadband Telecommunications Commission July 8, 1992 Page 3 first billing, Normally, bills will be mailed on the 25th of the month and received by subscribers on the first. Shaffer reported that the Access Channel Proposal Guideline will soon be mailed to access channel providers. The Guideline's purpose is to provide an outline for developing their refranchising proposal, One section of the Guideline deals with a possible combined PEGL facility which would house the access channels. Representatives of each access channel have been meeting for over one year to explore the possibility of such a PEGL facility. Shaffer will include a letter to the Boards of the access channel providers along with the Guidelines to ascertain if there is a conceptual agreement to pursue a PEGL facility, Shaffer distributed a draft BTC Annuai Report. After review, Casella moved to recommend to the City Council that the 1992 BTC Annual Report be approved. Jeppsen seconded the motion. The motion was unanimously approved, TCI OF EASTERN IOWA REPORT Jerry Nail reported the DMX music service will be available to the public in the fall, TCI has had some difficulty getting converter boxes for DMX, The Holmes-Holyfield boxing match. pay. per-view (PPV) test went WGii. Nail said TCI wants to be sure thoy can deliver PPV service without problems before PPV, events are marketed, TCI will offer the Olympic PPV Triplecast. Three channels will be used: aI' a2 and another channel currently being used, possibly the Weather Channel or VH1. Because one channel will be preempted for the Olympics, a pay channel of the subscriber's choice will be provided free for one month to those who request it, Customers may subscribe to the Olympic Triplecast for a single day, a weekend, or the total 15 days, REFRANCHISING SUBCOMMITTEE DISCUSSION Casella said that preempting the Weather Channel or any channel to provide a PPV event such as the Olympics reflects poorly on the company. Casella noted that cities are extremely limited in their abilities to control programming and that is one benefit enjoyed by communities with municipally-owned cable systems, Shaffer noted that the City's consuitants - Rice, Williams. prepared a memo to the City Council outlining areas they should look at concerning the possibilities of a municipally-owned cable company. The Council has not yet taken up the issue, Shaffer said that in the refranchising process, cities may request certain types of programming but may not request specific channels. In regards to the service provided by the company Christian said the reports received from Buske and Rice, Williams indicate a general satisfaction with the company's overall, service but there are issues which need to be addressed, Shaffer said many cities have incorporated consumer protection language in their franchise agreements. Regarding technical issues, Jeppsen noted that some channels are chronically bad which may be due to where they are being placed, Jeppsen will take part in the technical audit tentatively scheduled for July 29 and 30. On financial matters, Finer said that a review of the financial information of the Iowa City oparations of TCI is an important part of the refranchising process. Finer notad that several requests have been made to TCI to provide the information, but had never been provided. Finer made a verbal request to Jerry Nail for the information, Finer referred to a letter Shaffer sent to TCI requesting a more detailed breakdown of revenues cited on franchise fee payments and said the figures were provided without any evidence as to how they were derived. Finer noted that at previous BTC meetings, Bill Blough was reluctant to release Iowa City financial information because the /7aq ..~..........--.,_.. ~~AI'\'f"""__"""_''''''_''''''''''''''''OMO_,,,''.'VI~.'''~_''''''':''''''''''''''_......"".._______ -. Broadband Telecommunications Commissicn July 8, 1992 Page 4 figures were unaudited. Finer stated that if only unaudited figures are available, then those figures should be provided, Stevens noted that information required by the franchise agreement, as well as financial information, has not been provided, Finer will draft a letter to TCI requesting specific financial information, CABLE TV REFRANCHISING/RENEWAL Shaffer reported the technical audit is tentatively scheduled for July 29.30, The Access Channel Proposal Guidelines will be sent out next week and is to be returned by October 30, The Needs Assessment will be sent out to an extensive list of entities which use the local access channels and will be returned in October. Casella reported that the connection box behind the library has again been demolished, Shaffer said the location of the box has been an ongoing problem, leading to a degradation of PATV's and the Library channel's signal. The problem has been brought to the attention of Rice, Williams, Casella inquired into the nature of the proposed PEGL facility. Shaffer responded that he has sent a letter to the Board of Directors of the entities 'providing access channels, outlining what has been discussed, As envisioned, each entity would remain separate in terms of management and equipment, except where written agreements wouid allow for cooperative use of equip'ment and facilities. ADJOURNMENT It was moved by Casella and seconded by Finer to adjourn, Unanimously approved. Adjournment at 6: 15 p.m, Respectfully submitted, ~( 15\ ' lN~ WiI am Drew Shaffer BroaUban!Uelecommuni Ptions Specialist clblltVl.btc7.8.rrin ... 'I ., , , :~', , , 170l..~ i _ _.______~_~~t'II._~ , " ,'.' .".;. .1."..('....., ~_.._..............__..__--.,;......_....."" I ~lt_~. --. .~~ ., I 'I , ' MINUTES DESIGN REVIEW COMMITTEE JUNE 15, 1992 - 4:00 P.M, IOWA CITY PUBLIC LIBRARY - ROOM B ",,' -- :J."~"~1 '--____ 1,,-,.. 'I"., M ' "A H' ....., li"".:,,;, ,w!,~i)'Vj ~..:.. ...~~:t..~.~..... ~ \:~..:C;:';' ,'... ~ ....~..: , fI ~. ...' '..l...... ,...____ ".,;I Iii.' -:';j'''''1 ______ . 1"'- "'lIlj ~-- ..... ....-- MEMBERS PRESENT: Kay Amert, Bruce Haupert, Kay Irelan, Margaret Nelson, Gordana Pavlovic MEMBERS ABSENT: Don Sinek, Craig Welt STAFF PRESENT: Schoon, Neff CALL TO ORDER: Chairperson Nelson called the meeting at order at 4:16 p.m, It was noted that a quorum was not present. INTRODUCTIONS: Introductions were made. CONSIDERATION OF THE MINUTES OF THE FEBRUARY 24. 1992 MEETING: There was not a quorum present so no vote was taken, DISCUSS CITY COUNCIL ACTION ON RESTRUCTURING COMMITTEE: Schoon reported that the Committee had sent a proposal to the City Council to change the structure of the Committee by instituting three-year staggered terms, decreasing the membership from 10 to 7, requiring members to be residents of Iowa City, and changing the name of Committee to a Commission, He indicated that the City Council Rules Committee had requested that the Council discuss this issue at an informal meeting, He reported that the general consensus of the Council was to leave the Committee as it is for the time being with reluctance among some members of the Council to expand the Committee's scope, He noted that one Councilmember asked staff to outline options for the Committee's future, such as how the Committee could expand its scope. He noted that the Council did establish three- year staggered terms for the Committee. Schoon informed'the Committee that at the last City Council meeting, the Council entered into a contract with a consultant regarding the development of a cultural center. The site often discussed for the location of this center is the last Urban Renewal Parcel, 64-1 a. He said it would take six to eight months to complete the study on this issue, Haupert indicated that he had suggested that the Committee not be called together for a review of vending carts in the future, In response to Committee discussion, Schoon suggested it might be best to have the Committee meet just when it is nece~sary, /730 "I :'1 , -. Design Review Committee June 15, 1992 Page 2 ' ASSIGN TERMS OF MEMBERS: It was agreed that Amert, Haupert, and Nelson would serve one-year terms; Sinek, Welt, and a vacant position would serve two-year terms; and Irelan, Pavlovic, and two vacant positions would serve three-year terms. I ELECTION FOR VICE.CHIl:IR: No quorum was present to vote for Vice-Chair, COMMITTEE DISCUSSION: Schoon indicated that the City Council will be addressing the issue of newspaper vending machines in the near future, In response to a request from Amert, Schoon agreed to send a previous draft of the ordinance on this issue to Committee members, Pavlovic stated that she finds the existing clusters of vending machines to be aesthetically offensive and objects of vandals. She suggested that the Committee could propose to the Council that a kiosk be used for newspapers. Haupert noted that the Committee only works with issues involving the ' pedestrian mall, He noted that newspaper vending machines have flourished around Iowa City. He stressed that there is protection by the U,S. Constitution for the distribution of newspapers so any ordinance must be drafted so as not to violate peoples' First Amendment rights. Nelson stated that the phone kiosk on the pedestrian mall at Washington and Dubuque Streets would be a good location for a neY'spaper kiosk, PUBLIC DISCUSSION: There was none, ADJOURNMENT: Nelson adjourned the meeting at 4:52 p,m, , ! Minutes submitted by Mary Jo Neff, Idrc6.15 /730 -. , ~\)\U I , .. 'I I , rJ of '15 'a.eo "t &l.ff 1'"0 Ve.j . MINUTES BOARD OF EXAMINERS OF PLUMBERS JULY 28, 1992 ROBERT A, LEE RECREATION CENTER MEETING ROOM B MEMBERS PRESENT: Mike Dreckman, Frank Kilpatrick, JaneHagedorn STAFF PRESENT: Bernie Osvald OTHERS PRESENT: None CALL TO ORDER: The meeting was called to order by the Chairperson, Frank Kilpatrick, at 4: 1 0 pm, APPROVAL OF MINUTES OF THE LASl' MEETING: It was moved by Kilpatrick, seconded by Dreckman, to approve the minutes of the March 23,1992 meeting as submitted, The motion carried unanimously, REVIEW OF APPLICATIONS FOR PLUMBING liCENSING EXAMS TO BE HELD AUGUST 22. 1992: Four applied to take the Journeyman Plumbers exam and one applied to take the Master Plumbers exam, Kenneth Knight, Brian Clark, and Clarence Funk were all approved to take the. Journeyman Plumbers exam, It was decided that David L Hutchinson would be approved if he could provide a letter from his previous employer substantiating his employment for the seven years before his current employer, Jerald Wacha was approved to take the Master Plumbers exam, OTHER BUSINESS: Frank Kilpatrick read the legal opinion provided by Anne Burnside from the Iowa City Attorney's office concerning the legal authority of the City of Iowa City to exempt 'itself from it's own ordinances and regulations, This legal opinion stated that the City of Iowa City does not have the authority to exempt itself from it's own ordinances and regulations, Kilpatrick related that he had talked to Darrel Courtney, the Iowa City Mayor, concerning this issue and that it would be on the Iowa City Council Meeting agenda at a future date, Kilpatrick stated that he would notify the other Plumbing Board members when the,date for this meeting was set. Discussion of the 1991 Uniform Plumbing Code with the Iowa City amendments was held, It was decided not to make any changes In the Iowa City amendments as written, concerning the use of plastic DWV in buildings of over three stories and ' /731 ".\,~ ., '-"'I~~'" .._..J~M ....'''''.._..... ...____ .- ._~j 'I , -. "l.. page 2 concerning reciprocal licensing, It was decided to add the following sentence to Section 8.172 E: "Such licensed plumber must be employed by the permit holder." 'Dreckman moved that the 1991 Uniform Plumbing Code with the Iowa City amendments as written be approved and forwarded for approval by the Iowa City Council. Hagedorn seconded the motion. The motion passed unanimously, ADJOURNMENT: Dreckman moved for adjournment and the meeting was adjourned at 5:40 p,m, Minutes submitted by Bernie Osvald, Secretary, Board of Examiners of Plumbers, Approved by: Chairman Frank Kilpatrick /73/ .~,.,.~.;., --~- -... ,... -_....~ - ---; , ':1 I , -. ~'t.,) t, '<"'" QZ-31 , ;-, May 4, 1992 ""1:&.. CITY OF IOWA CITY Mr. Frank Kilpatrick Chair, Board of Examiners of Plumbers 3025 creighton street Iowa city, IA 52245 Re: Legal opinion Request: Is Iowa city ~xempt from the requirements of the plumbing code. ; , i .. Dear Mr. Kilpatrick: Linda Newman Gentry requested that I research the above question' from the Board of Examiners of Plumbers. In the course of researching.the question, I found that David Brown, a former Assistant City Attorney, had examined the same issue. He concluded in 1984 that all City buildings must comply with all city building, electrical and plumbing codes. A copy of Mr. Brown's opinion is attached for your review. It appears to me that Mr. Brown's opinion was thorough and well- reasoned when written, and no less compelling today. The City is not exempt from the requirements of the plumbing code. If you have additional questions on this matter, please feel free to call me at 356-5030. ..-; Yours truly, Anne G. Burnside Assistant City Attorney Ene. ee: Linda Newman Gentry, city Attorney steve At~ins, city Manager Doug Boothroy, Director, HIS Bernie Osvald, Plumbing Inspector Chuck Schmadeke, Director, Public Works 410 EAST WASHINGTON STREET' lOW" CITY, IOWA Ill40' 111'115'.1000' FAX (JI'I )1'.100' /73/ 'I I , I -. City of Iowa City MEMORANDUM Date: June 28, 1984 From: City Council ~ () Robert Jansen, City Attorney W . er-- David 8rown, Asslsta~t City Atto ~ Application of City Codes to City Buildings To: Re: ISSUE: Must City buildings comply with the various City codes related to build- Ings (i.e., building code, electrical code, plumbing code, etc.) and with the City zon i ng code? CONCLUSION: City buildings must comply with all such City codes, with the exception of the zoning code. DISCUSSION: Section 103A.19, Code of Iowa, provides in pertinent part: The examination and approval or disapproval of plans and specifica- tions, the Issuance and revocation of Building permits, licenses, certificates, and similar documents, the inspection. of buildings or structures, and the admfnistration and enforcement of building regulations shall be the responsibility of the governmental subdivi- sions of the State and sha 11 be administered and enforced in the manner prescribed by local law or ordinance. This provision has been Interpreted by the Attorney General of Iowa to mean that governmental subdivisions have the responsibility to enforce their building codes. Op. Atty. Gen. (Appell), Dec. 19, 1978. There Is 'iiOjirovision contained in either the Code of Iowa or the Code of Ordi- nances of the City of Iowa City which would exempt City buildings or buildings of other pOlitical subdivisions within the City from the application of the City's building codes. In Cedar Rapids Conmunlty School District of Linn Count v. Cit of Cedar Ra ids, r06 ".W.2d 655 owa , t e owa upreme ourt e tha sc 00 u dings within the City were subject to the provisions of the City's building code. As another example, a city's building code is applicable to county structures within its city limits. Op. Atty. Gen. (Richards), Dec. 30, 1975. /73/ ...._..............___..._.Jt.-fl.".. _oqlofl<f ~......-'-...'.N_,-'-...............~ll'....,.,t- U -.-...- .::00 "I I , -. (. I There are two exceptions to this general rule. One, municipal1ties may not enforce their building codes or laws concerning construction against the State except as, expressly allowed by statute. (Bear In Ilind that 4 distinction exists between the State and governmental subdivisions such as counties and school districts). Secondly, Section 103A.20, Code of Iowa, provides that any bullding or structure constructed in" conformance with the State Bullding Code shall be deemed to comply with all state, county and municipal building regulations. lIhlle city buildings and bulldings of other political subdivisions must comply with the City's building codes, the same is not true in regard to the City's Zoning Code. Municlpallties are empowered to adopt zoning regulations pursuant to SectioR 414.1, Code of Iowa. Since zoning is the exercise by a municipality of police power delegate~ from the State, such delegated power must be strictly construed. It has been held that a municipal zoning ordinance is not applicable to the State or'any of its agencies in use of its property for governmental purpose, unless the legislature has clearly manifested a contrary intent. Cit of Bloomfield v. Davis County Community School District, 119 N.W.2d 9 9 owa 963). At page 911 of thfs case, tne Court cites the following author ties: Rhyne Municipal Law, section 12-B. Rhyne, 32-35, pages 925-926,' states: 'As a general proposition the state, its agencies, counties and the subordinate governments need not comply with municipal zoning regulations,..".' 101 C.J.S. Zoning, 5135 says, 'Ordinarlly, a governmental body is not subject to zoning restrictions in its use of property for governmental purposes.' Thus, a City building to be used in providing a governmental function need not comply with the City zoning code. This is consistent with the traditional use of zoning to regulate private, as opposed to pub1fc, property. bdw4/1 cc: Neal Berlin, City Manager Douglas Boothroy, Director of ".I.S. Dic~ Frantz, Senior Building Inspector /73/ i .___... ~..._...,.__._.~.~ 11~1':'U1._"._'_.I'"- .-..............u-...-...--.'-........--.. . rT~:.:....__........IIIII!"'__". -. , ~\J~J :' , , MINUTES IONA CITY HOUSING COMMISSION JUNE 9, 1992 ROBERT A LEE COMMUNITY RECREATION CENTER - ROOM A MEMBERS PRESENT: Benjamin J. MOORE, Robin PAETZOLD-DURUMERIC, Roger J REILLY, Paul EGLI, Jack MCMAON, Jeffrey S. FOREMAN MEMBERS ABSENT: James L. HARRIS STAFF PRESENT: Doug Boothroy, Pam Barnes, Marianne Milkman, Ron Henderson, Virginia Stroud, Secretary RECOMMENDATIONS TO COUNCIL: Housing Commission endorsement of HOME application for Owner-occupied Housing Rehabilitation Loan/Lien Program and Site Specific Rental Rehabilitation Project. Housing Commission requests staff to seek direction from City Council, City Manager, and City Legal staff for resolution of the matter of HUD interpretation of Section 403A.2B of the Iowa Code. Housing Commission recommends that the application for continuation of ths Drug Elimination Grant be submitted to HUD, Housing Commission recommends that application be submitted for one- bedroom Section 8 units when NOFA is published. MEETING TO ORDER: 9:08 AM by Chairperson Moore MINUTES: Motion to approve Minutes of May. 12, 1992, was made by Reilly, seconded by Foreman, carried 6-0. ELECTION OF OFFICERS - MOORE Nomination for Chairperson: Benjamin J. Moore by Reilly, seconded by Foreman, carried 6-0, Nomination for Vice-Chairperson: Roger J, Reilly by Moore, seconded by, Foreman, carried 6-0. Nomimation for CCN Representative: Robin Paetzold-Durumeric by McMahon, seconded by Moore, carried 6-0. Nomination for Housing Rehab Review aeconded by Forsman, carrisd' 6-0. Reilly, carried 6-0. Board: 'Jack McMahon by Moore, Paul Egli by Foreman, seconded by /73 "a- "1 " , ' !'",":'. " I -. '; PAGE 2 MINUTES IOWA CITY HOUSING COMMISSION JUNE 9, 1992 APPLICATION FOR HOME FUNDS FOR HOUSING REHAB - BARNES The City of Iowa City will apply for HOME funds from the State of Iowa Department of Economic Development, Public Hearing is scheduled for June 23, 1992. The HOME funds will be divided into two categories: 1) Owner-occupied Housing Rehabilitation Loan/lien Program. Similar to the City's existing program but will "lift" the equity requirement from 100% loan/value ratio to 120% in order to allow greater participation of low income homeowners with low equity, 2) Site Specific Rental Rehabilitation Project. A proposal to rehab 15 units for disabled persons and small families with very low incomes in an older structure needing accessibility improvements and restoration improvements. Additional Site-Specific Rental Rehab applications can be submitted'on an on-going basis. HOME funds require complete rehabilitation, can't do partial. In addition, the City wants to include a Resale Agreement. Barne. distributed copies of a handout "Table of Income Guidelines for Iowa City" effective 5-7-92, Motion for Housing Commission endorsement of HOME application for Owner-occupied Housing Rehabilitation Loan/Lien Program and Site Specific Rental Rehabilitation Project was made by McMahon, seconded by Egli, carried 6-0. CHANGES IN HOUSING REHAB PROGRAM - BARNES Housing Rehabilitation Program for Homeowners information sheets were distributed showing the proposed changes. This information sheet is provided to the general public showing programs available, eligibility requirements, and where to apply, Monies for these programs come from Community Development funds, The Manual will be revised this winter. .l CD HOUSING UPDATE - MILKMAN 1) Open House for Rundell St will be around the first of July. Deadline for applications for purchase of the property is July 10, 1992. Fifty-five applications have been picked up, 2) A house on Summit Street next to Hilltop has been offered to the City and nesds moved, Staff is looking for a suitable lot, 3) Applications for the Housing Down-Payment Program have been coming in and looks like the $10,00,00 which was allocated will be spent. 4) A Salvags Building will be built on airport property near the school district offices, CCN REPORT - PAETZOLO-DURUMERIC A subcommittee has been formed to review CDBG fund allocation process. 173~ :",' ,.', '.'~"."~--"-'~~-'~.~- ~.... I~'''''f m.....____~____... .......1".-...'-_- '::..:2-, '. - w - ... . ~ . 1 ',., ;\ I -. PAGE 3 MINUTES IOWA CITY HOUSING COMMISSION JUNE 9, 1992 HOUSING AUTHORITY REPORT - HENDERSON - Section 8 'and Public Housing update Monthly statistics were reviewed. No Vouchers/certificates have been issued due to increased numbers of Lease renewals and applications. Henderson discussed Tenant selection for Public Housing. (McMahon left at 10;00 AM) Henderson stated the application for FSS grant was rejected by HUD for the reason that no Public Hearing was held. HUD's interpretation of Section 403A.28 of the Iowa Code changed without notification. A memo was distributed which outlines the background and issue involved. Motion that Housing Commission requests staff to seek direction from City Council, City Manager, and City Legal staff for resoll,tl.on of the matter of HUD interpretation of Section 403A.28 of ,the Iowa Code, was made by Moore, seconded by Foreman, carried 5-0. - Public Housing Acquisition project update Offers for homes are still being received. preparation is being made for readvertising'. Appraisal requests are still backed up, City Legal staff will be doing the Title opinions. - Drug and Annual Assistance Applications I ! Henderson distributed a memo reo CONTINUATION OF DRUG ELIMINATION GRANT. Deadline for application is 'July 10, 1992. The current Drug Elimination Grant began in January, 1992, through an agreement with the Neighborhood Centers of Johnson County, The application for second year grant will be, providing essentially the same services with a slightly larger increase for wages. Motion that the application for continuation'of the Drug Elimination Grant be submitted to HUD was made by Moore, seconded by Egli, carried 5-0. Henderson distributed a memo reo APPLICATION FOR CERTIFICATES AND VOUCHERS WITH NORMALLY OCCURS DURING THE MONTH OF JUNE. The NOFA has not yet been pUblished, This is a preemptive request for submission of applications. Need is for one-bedroom units based on current statistics and CHAS plan. suggestion at this time is to apply for 50 one-bedroom Certificate and 30 one-bedroom Voucher units but probably not all will be awarded. FSS program requirements may limit amount awarded, and if so, then apply for one-bedroom units to the limit of the NOFA. Motion that application be submittnd for one-bedroom Section 8 units when NOFA is published, was made by Reilly, seconded by Moore, carried 5-0. J73:J. 1\ J1,[ ....___""'1'10.' rl .- .._--~~--... ilL.... ........' .. . " ~ ... . ~ ., 1 - ".,. .. r ., ~ .:.. ., ',1 , -. ',: PAGE 4 MINUTES IOWA CITY HOUSING COMMISSION JUNE 9, 1992 DISCUSSION Moore discussed a letter he received from Public Housing tenant Lisa Bianco regarding the property at Muscatine Avenue. Moore visited the site and talked to the tenant. He stated some work needs to be done to the buildings and property. Henderson stated that the items were being worked on and that maintenance staff would be at the property. (Foreman left 10:40 AM) . . ~, { : , , i i i I I I ! I I , I I I ! i I I I I 1 VIDEO "OVERCOMING BARRIERS" - MILKMAN yill!m,. HC692 I Rescheduled to next month. ADJOURNMENT: Motion to adjourn at 10:45 AM was made by Moore, seconded by Egli, carried 4-0. APPROVED BY: Benjamin J. Moore, Chairperson ".f ..,.,.... /73.;l, _._._.._....___.~ ~l ~ 1II... ..____ .._____.__ n"' -- -. ~~ "'1 I , , MINUTES IOWA CITY HOUSING COMMISSION JULY 14, 1992 ROBERT A LEE COMMUNITY RECREATION CENTER - ROOM A MEMBERS PRESENT: Benjamin J. MOORE, Roger J. REILLY, Paul EGLI, Jack MCMAHON, James L. HARRIS MEMBERS ABSENT: Robin PAETZOLD-DURUMERIC, Jeffrey S~ FOREMAN STAFF PRESENT: Doug Boothroy, Marianne Milkman, Mary Nugent, Phyllis Hopkins RECOMMENDATIONS TO COUNCIL: None MEETING TO ORDER: 9:38 AM by Chairperson Moore MINUTES: Motion to approve Minutes as amended by adding to CCN Report, was made by Moore, seconded by Harris, carried 5-0, VIDEO "OVERCOMING BARRIERS" - MILKMAN Milkman showed the, video about the CDBG rehab program, ' EMERGENCY SHELTER GRANT FUNDING - NUGENT Nugent stated City of Iowa City was awarded $46,770 for Emergency Shelter Grants Program from the Iowa Department of Economic Development. These funds are used to assist housing projects in meeting objectives of the Stuart B. McKinney Homeless Assistance Act. This is a yearly grant which the City of Iowa City has received for the paet six years. CD HOUSING UPDATE - MILKMAN Milkman reviewed funding for HOME, comp rehab and rental rehab. Milkman stated an open house was held for the Rundell Street house. Five Applications for purchase of the house have been selected for review. Milkman stated staff has been working on finding a near-by location to move the house on Summit Street that has been offered to the City, HOUSING AUTHORITY REPORT - BOOTHROY - Boothroy introduced Phyllis Hopkins, the new Housing Specialist, for the Iowa City Housing Authority. - Section 8 and Public Housing Update: Boothroy stated the Housing Authority staff has moved into the newly remodeled space. 173~ ......:.. "' ..-\ f . ., , I -. PAGE 2 MINUTES IOWA CITY MOUSING COMMISSION JULY 14, 1992 Boothroy distributed a letter from HUD in response to city of Iowa City's letter requesting reconsideration of the application denial for the FSS program. HUD stated it can not change the decision. Staff will resubmit an application for FSS units in early part of August. Boothroy stated that seven houses have been offered for the new acquisition of twenty public housing units, Two split foyers will qualify as four-bedroom units. Staff will be readvertising for more units. i i i I I I I I I I I I I I I i I I , I i statistics distributed with packets were the first for the new fiscal year. ~ ADJOURNMENT: Motion to adjourn at 10:10 AM was made by Moore, seconded by Egli, oarried 5-0. APPROVED BY: Benjamin J. Moore, Chairperson :j~ 92 ., 173~ .,..-,," ~. \ \('~ , ~y;; , 'I I , , MINUTES SENIOR CENTER COMMISSION JUNE 8, 1992 MEMBERS PRESENT: Rufine Anciaux, Mary Geasland, Bud Gode, Jean Hood, Fred Krause, Tom Muller, June Pieper, Harold Stager, Mark Thompson STAFF PRESENT: Bette Meisel, Joyce Phelps GUESTS PRESENT: B B Ballantyne, Walt Shelton, Council of Elders CALL TO ORDER/INTRODUCTIONS/MINUTES/PUBLlC DISCUSSION Geasland called the meeting to order, introduced and welcomed the guests, The minutes were approved with one correction.' Geasland, not Krause, will attend the BO<lrd of Supervisors meeting in May. Minutes were approved as corrected. Gode/Stager. "'. There was no p~blic discussion, REPORT ON CONFERENCES. MEISEL Meisel said she went to 2 conferences in a row, the NCOA and the Governor's Conference on Aging, She said the most important part of what she did was 2 days of training paid for by the federal government on Standards for Senior Centers, She said she was trained to be a trainer so that directors of Senior Centers in Iowa can come to meetings and be taught how to do it. , ' '! She said the second part was mainly meetings about Eldercare Coalitions, throughout the US, She said the Idea is that we can no longer depend on government and have to find creative ways to bring services to people, Meisel said Senior Centers have always been a part of a coalition as they have never had the money to do things alone, Senior Center directors in other states are irritated because they have been left out of the coalitions. In Iowa, 2 Senior Centers were asked to be part of the coalition by the Iowa Department of Elder Affairs . ours and one other from a rural area 5 hours away from Des Moines, . J733 ;'[ I , , -. Page 2 see MINUTES At the conference one session she attended was given by Dr. Richard Steckel, author of Filthy Rich, the book about fund-raising for non-profits which members of the Commission have read. Meisel told him what she got from the session was that if you want to do it well, you have to hire a professional. She also went to other sessions on fund-raising, creative and profitable ventures, and some on programming. At the Govenor's Conference Meisel said she was a presenter at two sessions on training. One was a section from standards on programming, and the second one was through the Eldercare committee and was on focal points and information and assistance. , ' I Meisel then showed a short video on what Senior Center standards are and why the NCOA did the work on it. i' After the film, Meisel explained that before the Center was started the old standards were used. About 3 years later, 2 Senior Center Commissioners, 2 Council of' Elders members, and staff went through every section, rated where the Center was and what was missing. Meisel said the new process is superior to the old which was mainly a "check list". The process used now is very interactive. You go through the steps of asking what should there be? How do you get there? What are the barriors? Meisel said she was impressed with the new system. , .. . . Meisel proposed that next year beginning In September, the Commission go through the standards together and invite the Council of Elders, and staff to join the process. She said that 'the Commission meetings would become one hour meetings and all'updates, minutes, reports from the City, COE, and County would be mailed to Commission members before the meeting. The only things discussed at the meeting would be problems requiring a decision. In this way she said each meeting could spend one hour working on each section of the standards. She said she thought It would be tremendously helpful becuase few of the Commissioners are at The Center except for the monthly meeting. The Commission, among other things, is supposed to be working on five year goals, and if they do agree to study and follow the standards, the five year goals which they agree on would have more substance and be more realistic. 1733 ~UllonT"l d~.l ,--"'-~-_.._-_. ~---.... .---................--".... -, Page 3 see MINUTES A question was asked about how it would work. Meisel said we need to work together. For example, in programming . no one has a better program than we do, but the Center should always be growing, changing, and evolving. She said the Commission, because of their diversity can bring new ideas and interests to supplement staff ideas. Plus, when the staff and the Commission discuss together, the results will be much more exciting and innovative as ideas are bounced back and forth. There was general discussion on the idea. There was a consensus that they were willing to try the format as Meisel suggested for three months. I Stager moved that beginning in September and continuing for 3. months, one hour of the Commislon meeting would include staff and the Council of Elders and focus on a discussion of National Senior eenter Standards and Self-Assessment. Gode seconded. Motion carried/all ayes. FIRE DRILL DISeUSSION - GEASLAND The Commission reviewed a memo from Anne Burnside who stated that the ' Senior Center was not included in the list of places that are required to have fire drills, for example, schools, etc. There was general discussion on variables regarding fire drills. It was suggested by Hood that staff of The Center and various agencies should have refresher training on what they should do in case of fire. Gode moved that the staff of the eenter be directed to discontinue fire drills and all current staff of all agencies In the building attend an educational fire/tornado/disaster safety ses:;ion annually and that this be scheduled by the Senior Center Coordinator. This training session should also be part of all new employees' orientation. Stager seconded. Motion carried/ail ayes. Shelton said that the Council of Elders was in favor of discontinuing fire drills and proposed that there should be a notice saying that there would be no more fire drills emphasizing that if you hear an alarm, It means vacate the building. 1733 ,-~ .i " , ' "'1 'I , ' -, ;. Page 4 see MINUTES Anciaux moved that the new policy of no fire drills be printed in THE POST and displayed at each entrance for one week. Muller seconded. Motion carried/all ayes. SENIOR eENTER eONTRAeTS - GEASLAND, MEISEL In the discussion of contracts, Krause and others raised several questions regarding size of area being leased, furniture allowed, insurance coverage, liability, etc. After the discussion, Muller moved that the questions about and recommendations for agency contracts be sent to the eity Legal Department. Gode seconded. Motion carried/all ayes. Meisel pointed out that part of the contracts require agencies to provide information on the number of elderly receiving services or participating in activities, and Information on requests for services not currently being provided. This section of the contract has not been enforced as most agencies have complied in providing monthly statistics. Meisel provided a draft copy of a letter to all of the agencies In the building requesting a copy of their annual report ( In addition to their monthly statistics) which would provide the Information required by their contracts. ,',) Muller moved that the letter to the agencies In the building regarding contract requirements be sent to chairpersons of the agencies' advisory boards. Hood seconded. Motion carried/all ayes. SENIOR eENTER UPDATE - MEISEL Meisel reported that THE PRESS- elTIZEN Is publishing ,a supplement to the paper called "50 Something" and asked Center staff to write the articles and provide the pictures. It will be out June 24th and a second supplement Is planned for the fall, Meisel said she had ordered two built in storage units for the second floor. One will be used to store tables and one to store exercise equipment. 1733 .. I " , I -" Page 5 see MINUTES Meisel said lots of exercise equipment has been donated and we have an opportunity to get two pieces of Universal equipment free from the University. If we get them, she said, one will be temporarily in the lobby. We will have someone demonstrate how to use it. Meisel explained that staff is looking into getting more Macintosh computers, . This will help our participants learn and practice more, They will be in the computer lab on the second floor. I I ! , ! I I : ! i j. Meisel called the Commission's attention. to the excellent selection of magazines in the Center Lobby. Central Pharmacy, Donohue-Lensing, and Ophthalmic Associates supply the collection. She suggested Commissioners thank them if they see anyone from those businesses. ........ Meisel said that this summer the Senior Center promotional video will be completed. It will replace the outdated slide show used in the past for speaking to groups. Hood asked if the Commission could see parts of the TV program Mature Focus sometime. see PRESENTATIONS Muller attended the Council of Elders. He said it was his first trip to the group and he was impressed with them. Krause went .to the City Council. He said they had a very busy agenda that night. He commended them for their interest in senior issues. Geasland attended the Board of Supervisors meeting and invited them to Older Americans' Day and reviewed the highlights of the week. The supervisors expressed their appreciation that the Commission maintained their contact with them and wished all boards and commissions would do so. /733 " 'I ,I --. Page 6 see MINUTES Hood reported on the June visit to the Board of Supervisors. She went on election day. She shared with them the new brochure and they were impressed with it. Hood said she would go to the City Council on June 23. She attended the Council of Elders meeting which was a joint meeting of outgoing, incoming, and veteran members. They had a final report on Older Americans' Day. They expressed concern about lower attendance, and the need for more publicity in the future. They plan to start planning earlier next year and have more people share the work. Several committees gave reports and indicated some changes in , committee assignments. They do have a booth at the County Fair paid for by the Board of Supervisors on July 27, 28, 29, and 30th. There will be a quilt raffle at the Fair and tickets will also be sold the following week at the Pedestrian Mall. Their next meeting will be August 1. The Council does not have a July meeting. Anciaux will attend if possible. Hood said they also discussed a theatre fund raiser at Community Theatre as had been done before. The date has not been selected yet, but December 6 was being considered. They are waiting for final notice on the plays scheduled. , ' COMMITTEE REPORTS. Volunteer Recognition eommittee - Pieper Pieper reported that Tuesday, October 20 is the day for the Volunteer Recognition Dinner and Dance to be held at the Recreation Center. The room has been reserved from 4.10 PM. Volunteers may invite spouses or guests with fee paid in advance. OPEN D1SeUSSION Hood said as a result of having a table at the Senior Issues conference at Kirkwood, the Center recieved a free ad in the program. The meeting adjourned at 5:25 PM. Minutes prepared by Joyce Phelps, Senior Center Secretary Minutes approved by Rufine Anclaux, Senior Center Commission Secretary /733 -. '~~ , ':1 ., ; , July' 23, 1992 LmRARY BOARD MINUTES BOARD MEETING OF JULy 23, 1992 4:00 PM IN 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM BOARD MEMBERS PRESENT: Stephen Greenleaf, Anne Hargrave, Jeri Hobart, Gary Lundquist, Kathy Moyers, Anne Spencer, Kent Swaim, Chuck Traw BOARD MEMBERS ABSENT: Phil Hubbard STAFF PRESENT: Maeve Clark, Susan Craig, Lolly Eggers, Martha Lubaroff, Debbie Sales, Carol Spaziani OTHERS PRESENT: MEETING WAS CALLED TO ORDER AT 4:06PM APPROVAL OF MINUTES: The minutes for the regular meeting of June 25, 1992 were approved as corrected. The Council meeting referred to in President's report should have read July 6 not June 6. Hobart/Moyers DISBURSEMENTS: Disbursements for June, 1992 were approved. Moyers/Traw. Visa card expenditures for June were reviewed. DIRECTOR'S REPORT: I. All new staff positions have been filled except for one 1/2 replacement in Circulation for an internal promotion. One of several hourly pay employees in Circulation will probably be selected. 2. Maeve Clark, new Infonnation Coordinator, was introduced. She has been on the job since July 6. 3. Eggers asked the Board if they wanted to review the library's fme schedule. No changes have been made since 1985. Any revision would become effective July 1, 1993. Board directed her to prepare some recommendations. 113~ -. July 23, 1992 4. June was a long, difficult but essentially rewarding month of getting new software installed and operating. Staff is very happy with the revised functions and capabilities of both the catalog and the circulation/bibliographic management systems. PRESIDENT'S REPORT: President Swaim elected to present his report at the time of the agenda item concerning the Johnson County contract. DEVELOPMENT OFFICE: The Sustaining Fund surpassed its goal of $43,100 by 14%. Total sustaining funds received in fiscal year 1992 was $49,101 from 888 contributions. The average gift was $55. Kathy Moyers sent letters to previous contributors asking them to consider upgrading their contribution level. She received 24 responses totaling $1900, an average gift of $79. In June a "Report Card" updating donors on the status of the sustaining fund was mailed to 441 people who had given previously this year. Gifts were received from 87 individuals (20%) amounting to $6,217, average gift was $72. The Centennial Endowment had a market value of $813,000 on June 30 with $61,000 in undistributed income and projected earnings of $51,000 for FY93. The Ad Hoc Committee to restructure the Friends and Foundation met June 2. They will meet in 30 days with a goal of having recommendations ready in 60 days. Approve contract with Johnson Countv Board of Supervisors to rural residents. Swaim updated the Board on the status of the contract since the last Board meeting. Some changes mostly clarification of tenns were sent to Chairperson Novick by the Library Board negotiating team. Swaim and Eggers attended the July 6 City Council meeting where the revised contract was discussed. The Council approved it July 7 and the Supervisors followed suit on July 9. In addition the Board of Supervisors agreed to pay an additional 10% of the shortfall for the current fiscal year of FY93. The Board of Trustees approved the contract unanimously. Lundquist/Greenleaf ' The Board recommended that President Swaim draft a letter asking the City Council for the remaining shorfall of $15,000, Library receipts for FY92 were $12,269 over budget projections and expenses were $11,102 under budget. This $23,300 savings from FY92 can be used for the 2 ..._.,~.,.._....".,-_.-.._...".............~~,,--.. EJ- -.......----..................---..-- ~- . 'I 'I , ' I J 7 ::11 173'-/_ -. July 23, 1992 $15,000 and still have over $8,000 left to increased City fund balances. Hargrave congratulated Board members for their efforts in working successfully in obtaining a new contract. Review draft of FY92 Lib~ Board Annual Report The Board reviewed Eggers's draft and made a few suggestions. She will incorporate these into the fInal version. ' Consider resolution to approve Ch. 20 Task Force Consensus statement on a PEGL center Lundquist moved that the Board of Trustees support the concept of a combined PEGL (Public, Education, Government & Library) Cable TV facility so that it can be further developed and included in the negotiations for refranchising the cable system. Hargrave seconded the motion and it was approved unanimously. This position is one of consensus statements adopted by the Ch 20 Task Force of which Lundquist is a member. i , Part IV of Lon~-Range Plan: Objectives & Tasks for FY94 and FY95. Eggers opened the discussion with a review of the merits of long range planning. She gave an example using Goal Three "Encourage adults to read to children". It has evolved successfully with "Hear me Read" programs, Begin with Books project, participation in Reading Months and new outreach programs for children. Board comments on Part IV included: Need for the Facilities Planning Committe to resume activity Difficulties of providing adequate infonnation services in the face of rapidly changing technology. Need for a pennanent Board Planning Committee and the possibility of a continuous 5- year plan adding a new year each planning cycle. Some suggestions for rewording a few sections were made. No action will be taken until next month's meeting. The Board will be asked to approve the new Objectives & Tasks after receiving a report on the FY92 accomplishments and FY93 projects of the long-range plan. The meeting was adjourned at 6:00 pm. Greenleaf/Lundquist Submitted by Martha Lubaroff ~ ,- .~-_......... . , "I I , , ,.; -. .~~~~, I I I I I I [ I , , MINUTES IOWA CITY PLANNING & ZONING COMMISSION AUGUST 6,1992 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS . ',~ ~ . ."..;." '~' i : "~ ':._i\o;.:.;~~~~:, :.~'~,; i ~ ..~,..r1!f' jI'," ':~ ':' "':"'~""or;;l I; : ...;....:..,j.,)."... Ii.: 1\......J.,.,il,O,j ,,-,.._- ---..--~- MEMBERS PRESENT: Ann Bovbjerg, Casey Cook, Pete Cooper, Tom Scott, George Starr MEMBERS ABSENT: Sally Dierks, Richard Gibson STAFF PRESENT: Moen, Rockwell, Bormann, Neff CALL TO ORDER: Chairperson Scott called the meeting to order at 7:40 p.m. ,/ RECOMMENOATIONS TO CITY COUNCIL: 1. Recommend approval by a 4.0-1 vote (Starr abstaining), of SUB92-0016, the final plat of Village Green, Part XII, a 15.16 acre, 24.lot residential subdivision, located west of Scott Boulevard and south of Muscatine Avenue and Village Road, subject to City Attorney approval of legal papers, including sanitary sewer and storm water manage- ment agreements for the area and provisions for landscaping and maintenance of the common open space, and Public Works approval of construction plans prior to City Council consideration of a final plat. , 2. Recommend approval by a 4.0-1 vote (Starr abstaining), of LSD92.0005, the prelimi- nary and final Large Scale Residential Development plan of Cross Park Apartments, a 48-dwelling unit development, located at the southeast corner of the intersection of Keokuk Street and Cross ParkAvenue, subject to 1) Public Works Department approval of construction plans for the proposed stormwater basin revisions prior to Council consideration and submission and approval of a revised storm water facility agreement, 2) the screening of the dumpster area, and 3) additional landscaping in lieu of the two paved islands which are located adjacent to the north-south driveway as it enters the parking lot from Cross Park Avenue and the provision of a vegetative buffer or landscape hedge between the parking lot and the southern facade of each building. 3. Recommend approval by a 4.0-1 vote (Starr abstaining), of a proposed, ordinance amending the site plan review process for multi-family residential, commercial and industrial developments entitled "Article I, Site Plan Review," dated August 3,1992, along with revisions noted by staff on pages 6 and 7 at the Commission's formal meeting of August 6, 1992. 4. Recommend approval by a 4-0-1 vote (Starr abstaining) to repeal the Large Scale Non- Residential and Large Scale Residential Development regulations of the Iowa City Code of Ordinances. 1135 -, Planning & Zoning Commission August 6, 1992 Page 2 5. Recommend approval by a 4.0-1 vote (Starr abstaining) of amendments to the Zoning Ordinance to adopt sign and accessory use regulations for the PRM zone and sign regulations for the CB-5 zone as note~ in staff's report dated August 6, 1992. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CONSIDERATION OF THE MINUTES OF THE JULY 16. 1992. MEETiNG: Cooper moved to approve the minutes of the July 16, 1992, meeting as circulated. BovbJerg seconded. The motion carried 4-0.1 (Starr abstaining). Scott introduced new Commission member George Starr to the Commission; Scott noted Starr had been appointed to the Commission by the City Council on August 4, 1992. He indicated that Starr would be abstaining on all votes at this meeting since he was not present at the Commission's informal meeting on August 3, 1992. DEVELOPMENT ITEMS: 1. S-9007. public discussion of an application submitted by Paul M. Kennedy for preliminary plat approval of Kennedy's Waterfront Addition, Part Three, a 30.29 acre, ll-lot commercial subdivision located west of Gilbert Street, south of Stevens Drive. (45-day limitation period: waived.) Scott indicated that this item would be deferred to September 3, 1992. Moen explained that staff had no additional information to present to the Commission. Public discussion was opened at 7:42 p.m. ' There was none. Public discussion was closed at 7:42 p.m. Cook moved to defer 5-9007 to September 3, 1992. Bovbjerg seconded. The motion carried 4.0-1 (Starr abstaining). 2. SUB92-00 12. Public discussion of an application submitted by Karl and leona Buchmayer for preliminary plat approval of Furrows Edge Acres, an approximate 67.3 acre, 16.lot residential subdivision located east of Highway 1 and north of Fox lane in Newport TownShip. (45-day limitation period: waived to August 6, 1992.) Scott referred to a letter from Larry SChnittjer, representing Karl and leona Buchmayer. dated August 6, 1992, granting an extension of the 45.day limitation periOd to August 20, 1992. He explained that the extension is intended to allow the developers to review alternatives that would not prohibit the development of lots 1 and 2. Rockwell indicated that staff had no additional information to present to the Commission. '735 .I!!!!!!~-- - - .....____.M -'"' I 'I -, , , u,.', . "1 I , -, Planning & Zoning Commission August 6, 1992 Page 3 Public discussion was opened at 7:44 p.m. There was none. Public discussion was closed at 7:44 p.m. Bovbjerg moved to defer SUB92.0012 to August 20. 1992. Cook seconded. The motion carried 4.0.1 (Starr abstaining). 3. SUB92-0013. Public discussion of an application submitted by Senor Pablos, Ltd. for preliminary and finai plat approval of South First Avenue Subdivision. a 1.55 acre. 2.lot commercial subdivision located at 830 First Avenue. Scott explained that the applicant has withdrawn this proposal and no 'formal action is required by the Commission except to note that the application has been withdrawn at the applicant's request. 4. SlJB92.0016. Public discussion of an application submitted by Village Partners for final plat approval of Village Green, Part XII, a 15.16 acre, 24.lot residential subdivision located west of Scott Boulevard and south of Muscatine Avenue and Village Road. (45.day limitation period: August 30, 1992.) i, j i i i , Moen reviewed the staff report dated August 6, 1992. She indicated that the storm water calculations and construction drawings had not yet been submitted to the Public Works Department and noted that these must be approved prior to Council consideration of the plat. Staff recommended approval subject to approval of the legal papers by the City Attorney's Office and Public Works approval of the construction plans and drawings. Public discussion was opened at 7:49 p.m. There was none. Public discussion was closed at 7:49 p.m. Cooper moved to approve SUB92.0016, the final plat of Village Green, Part XII, a 15.16 acre, 24.lot residential subdivision, located west of Scott Boulevard and south of Muscatlne Avenue and Village Road, subject to City Attorney approval of legal papers, Including sanitary sewer and stormwater management agreements for the area and provisions for landscaping and maintenance of the common open space, and Public Works approval of construction plans prior to City Council consideration of the final plat. Cook seconded: Cook indicated that, as development occurs in the Village Green subdivision farther to the south, he would expect a trail and greenbelt system to coincide with the sanitary trunk sewer in order to enhance access from the developing areas to the green space and water retention area which is expected to develop at the southeast corner of the "35 ~"'~~,-"'" ....._.....--_...,,~_..... ~_._..._.~"".. "[ ---_._--~ I ~ .. ."",:... " 'I I , -. Planning & Zoning Commission August 6, 1992 Page 4 tract, immediately west of Scott Boulevard and north of the railroad tracks. He noted that he is making these statements at this time in order to have this information on the public record so that in case Commissioners need their memories jogged as further development occurs, they will have that opportunity. The motion carried 4.0-1 (Starr abstaining). 5. LSD92.0005. Public discussion of an application submitted by Southgate Develop- ment Company,lnc. for preliminary and final Large Scale Residential Development plan approval of Cross Park Apartments, a 48.dwelling unit development, located at the southeast corner of the intersection of Keokuk Street and Cross Park Avenue. 145.day limitation period: August 22, 1992.) Moen reviewed the staff report dated August 6, 1992. She stated that the developer intends to screen the dumpster from view with fencing. She explained that staff recommends that shrubbery be used in place of the concrete islands proposed in the Cross Park Avenue entrance to the parking lot in order to decrease the total amount of paving on the lot and to soften the effect of all the paving. She explained that staff would also recommend that shrubbery be planted between the buildings and the parking lot south of the buildings. Staff recommended approval of the plan subject to Public Works Department approval of construction plans for the revised stormwater basin prior to Council consideration of the plan and upon receipt of an amended stormwater management easement. She explained that the depth of tha basin must be increased in order to accommodate the loss of volume attributed to fill that will be added to allow for the proposed parking. , ',. '-. ' Public discussion was opened at 7:56 p.m. There was none. Public discussion was closed at 7:56 p.m. Bovbjerg moved to approved LSD92-0005, the preliminary and final Large Scale Residential Development plan of Cross Park Apartments, a 48.dwelllng unit develop- ment, located at the southeast corner of the intersection of Keokuk Street and Cross Park Avenue, subject to 11 Public Works Department approval of construction plans for the proposed stormwater basin revisions prior to Council consideration and submission and approval of a revised stormWater iacility agreement, 2) the screening of the dumpster area, and 31 additional landscaping in lieu of the two paved islands which are located adjacent to the north-south driveway as It enters the parking lot from Cross Park Avenue and the provision of a vegetative buffer or landscape hedge between the pinking lot and the southern facade of each building. Cook seconded. The motion carried 4-0-1 (Starr abstaining). I /735 ., I I -. Planning & Zoning Commission August 6, 1992 Page 5 6. Public discussion of a proposed ordinance amending the site plan review process for multi-family residential, commercial and industrial developments, and the proposal to repeal the Large Scale Non'Residential and Large Scale Residential Development regulations of the Iowa City Code of Ordinances. Moen distributed copies of the Site Plan Review Ordinance with the amendments that were suggested by Commissioners at the Commission's August 3, 1992, informal meeting. She noted that the City Attorney's Office had recommended that item 5(e) on page 5 be changed to read "or replaced with a wetland of equal or greater value," which is consistent with state law. Public discussion was opened at 8:01 p.m. Larrv Schnittier. MMS Consultants. refarred to the approval and denial process on page 6. He suggested that, instead of giving a single owner of property located near an application site the ability to have the site plan go through Commission review, the Commission could consider revising the language to reflect that that review would only be triggered by a certain percentage of property owners within the vicinity of a development proposal. Schnittjer referred to paragraph 6(b) on page 6 which refers to the time limitation on when an applicant could expect approval or denial by the Housing and Inspection Services (HIS) Department. Moen stated that when the Planning Department was involved in the building permit review process, they forwarded comments to HIS who then conveyed any changes that needed to be made to the building plans to the applicant. She suggested that the Commission allow extra time for the bUilding official to reconcile discrepancies with the applicant before he is obligated to grant or deny a permit. Schnittjer said if this is a problem then the building official should'sit down and discuss the problems with the developer. Scott suggested requiring that a decision be made within 20 calendar days. Bovbjerg said that she feels the time period should be consistent with other parts of the ordinance. Moen stated that with regard to objections by adjacent property owners, the Zoning Ordinance requires extraordinary Council approval of a rezoning proposal if the owners of 20% or more of property within 200 feet of a rezoning site file objections with the City Clerk. Schnittjer noted that item 8(4) on page 7 indicates that an applicant might be required to move the entrance if they "are required by the City". Schnittjer suggested that this should be changed to read "if approved by the City" because all other sections refer to actions that are initiated by the developer and not the City. Scott expressed no problems with this change and noted that it would give the City veto power. Public discussion was closed at 8:15 p.m. Scott suggested that site plan approval or denial take place within 20 calendar days of submittal by the applicant. Cook suggested exempting holidays. Scott suggested allowing 20 working days. There was a consensus of the Commission that the 1135 ~ ., 'I ", . , -, Planning & Zoning Commission August 6, 1992 Page 6 proposed ordinance should be revised to reflect that approval or denial should take place within 20 working days. Cook moved to approve a proposed ordinance amending the site plan review process for multi-family residential, commercial and industrial developments, entitled Article I. Site Plan Review dated August 3, 1992, along with revisions as noted by staff on pages 6 and 7 at this meeting. Cooper seconded. Scott stated that he would vote in favor of this ordinance, but stressed that he does so with some degree of apprehension. He explained that he is not sure this is the right direction for this process to take. He stated that he knows a fellow Commissioner has on occasion accused him of wanting to micromanage, but he said that the LSRD and LSNRD processes have worked quite well in his estimation. He stated that it goes back to the old adage, that "if it ain't broke; don't fix it." Scott expressed some disappointment with the public input in the process, but he stressed that staff, the public, and the Commission have worked long and hard, often in his absence, to come up with a document that meets the concerns of all three entities. Cook noted that Scott was underselling his own contribution to the ordinance and stressed that Scott has put some, if not all, of his concerns into the ordinance to develop a policy that will benefit the Commission for years to come. Cook stated that he has also recognized that the Commission may have more work than they can handle. He stressed that some of the technical aspects of plans are better left to staff. Cook said that this ordinance will open up time for the Commission to address other issues. He stated that he is not convinced that the LSRD and LSNRD systems have worked all that well. He said the City could live with these processes when they were a much smaller community and he noted that the growth over the last 10 years in Iowa City has been considerable and the Commission needs to take certain steps to use its time more wisely. Cook indicated that he feels this is one of those steps and will vote in favor of this ordinance. The motion carried on a 4.0.1 vote (Starr abstaining). Cook moved to repeal the Large Scale Non-Residential and Large Scale Residential : , Development Regulations of the Iowa City Code of Ordinances. Bovbjerg seconded. The motion carried 4-0-1 (Starr abstaining). ZONING ITEM: 1. Public discussion of amendments to the Zoning Ordinance to adopt sign and accessory use regulations for the PRM and CB.5 zones. Moen reviewed the staff memorandum dated August 6, 1992, Public discussion was opened at B:25 p.m. There was none. /73S h ._ ""'1 "1 , , -. Planning & Zoning Commission August 6. 1992 Page 7 Public discussion was closed at 8:25 p.m. Cook moved to approve amendments to the Zoning Ordinance to adopt sign and accessory use regulations for the PRM zone and sign regulations for the CB.5 zone as noted in staff's memorandum dated August 6, 1992. Cooper seconded. The motion carried 4.0-1 (Starr abstaining). OTHER BUSINESS: 1. Planning and Zoning Commission Information. Moen responded to a question that was raised at the Commission's informal meeting regarding information on the proposed roadway network east of Rochester Hills Subdivision. She explained that the Council has deferred this item to September 1. 1992 and staff will forward information to the Commission when it becomes available. Scott introduced Marsha Weg Bormann, the new Assistant City Attorney. to the Commission. 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