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HomeMy WebLinkAbout1993-10-26 Bd Comm minutes ~'I/fII/f"".. -----..---.---~.~: ~""~.;.'.~...----.- --.;aIJ- ...----., -~f'''''''' .......,..... \ 1 ",- 'I ii , i .', " I, \ I I I , t) 1)\0 ') .. -.. \ , , , , " - "- -,' I' " I" Ll t. . I .,": " ~ I . 'I 7't '1" ,,'. "" I,:' '_." '.. _ ,j . _." '" / (,,\ " L. ". "1 , ". - --~ .....---.--- j)y-~f."'" MINUTES BROAbBAND TELECOMMUNICATIONS COMMISSION WEDNESDAY, SEPTEMBER 15, 1993 - 5:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: I , i , Joyce Patton, Trey Stevens, Roger Christian. Cordell Jeppsan MEMBERS ABSENT: Tim Finer STAFF PRESENT: Shaffer, Helling, Bob Hardy, Anne Burnside, Brau OTHERS PRESENT: John Forrest. Carol Spaziani LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION Cabla TV refranchising/renewal process, iiUMMARY OF DISCUSSION i ! Ii d U 'I 'I :1 I: 'I I' ,; " Iii - .i - , 'I" I " .. i;' II f; " I'!.. Anne Burnside reported there should be no problem adopting rata regulation rules within the 120'day window opened by applying to the Federal Communications Commission for certification for rata regulation authority. Burnside provided an opinion that there is no prohibition of commercials on the Government Channel provided the commercials ara limited to helping put on government programming and the channel does not bacome a principally a commercial channel. A notice to cure letter has baen sent to TCI regarding the transfer of the franchise to TCI from Heritage. The lettar following. the procedures outlined in the 1984 Cable Act, provides TCI an opportunity to comply with the franchise agreement. A lengthy response was raceivad which was non-responsive. The deadline for TCI to respond to tha RFP has been extendad to October 20. PATV will hold an Open House/Info Extravaganza September 23 at 7:00 p.m. in Library Meeting Room A. The library has identified creating local history video as a high priority and hopes that with the cooperation of the Community Talevision Group vida os can be produced on the 1996 state sesquicantennial calebration and the centennial celebration of the Iowa City Public Library. Pat Braunger has been appointed as the Iowa City Community School District Media Coordinator and is quite interested in cabla- related applications. Bob Hardy raported on tha afforts of the local access channels to craate a formal arrangement in which they could shara resources, work cooperatively and ultimately better sarve the community. Shaffer reported the City will be filling out the necessary forms with the FCC to regulate ratas. , , " r , :11 '11 ," CALL TO ORDER :1 The meeting was called to order at 5:30 p.m. APPROVAL OF THE BTC MINUTES Jeppsen moved to approve the July 21.1993, minutes, Seconded by Patton. Unanimously approved. .' , , dl'" :.; .."- I ;tlqO I II ..........",.,.",. , , , \"'- l ..:11:<1. .al" ~~'III/IIIf!//t"".. ....... --~---'...-, ~""~';I.....-------._..-"""'. ....---- ~[f ~ ... 1- ~_.... ,.... ..., I ( ..' ~r'" ~ -". _.: ,- ,'.: ':1': :."!,." " t'l" I"~ I, t ,'. ' ." ':' " ~. t_',:1 ,I' , . " .' : t, ", " ' , '" ., " , , ';" ',_." ! ," - 1-. \ _ , / I > "'J,. -.-...., ..,- Broadband Telecommunications Commission September 15. 1993 Paga 2 ANNOUNCEMENTS OF COMMISSIONERS None, LEGAL REPORT Anne Burnsida reported that after reviewing the FCC rules on rate regulation. there seems to be no reason why an ordinanca setting forth rate regulation and rules cannot be adopted within the 120.day window opened by sending the FCC the franchise authority certification form. Burnside also provided an opinion regarding commercials on the Government Channel. There was no prohibition in any code, but the federal mandate to hava governmant access implies that it is not principally a commercial channel. So long as the commercial program- ming is limited to that needed to help put on government programming and it does not become principally a commercial channel, there should be no problem, Specific rules could be adoptad by the City Manager's designee. Shaffer said that the types of Information Service advertising screens envisioned would be dealing with economic development issues, tourist relatad. theaters, welcome wagon, etc. Burnside reported that Linda Gentry has sant a notice to cure letter to TCI regarding the transfer of the franchisa from Heritage to TCI. This letter. in accordance with the 1984 Cable Act. sets forth the City's position that TCI is in non- compliance with the franchise agreement and gives them an opportunity to rectify the situation. A lengthy response has been received which was rather non.responsive. Linda Gentry may recommend that the City Council adopt a resolution of notice of violation. Shaffar reported that TCI representatives cama to his office and expressed a concern with paying the City's refranchising consulting fees. Shaffer suggested that they note this on their response to the RFP. The TCI representatives also asked if wa were in tha formal or informal refranchising process. Shaffer told them that we were in both. TCI seems to want to be in the informal process. The City Council has previously adopted a resolution initiating the formal process. Shaffer said he thinks they're testing the waters on this point. Burnside raported that the City Council adopted a resolution extending, for a second time, the deadline for TCI to respond to the RFP. Burnside noted that the extensions make TCl's inquiries ragarding the formal or informal process inconsistent as federal deadlines do not apply in the informal process. This seems to indicate that TCI is anticipating difficulty in getting their response to the RFP finished undar the formal guidelines. Stevens said that granting a 45.day extension when they asked for 60 indicates the Council's reluctance to grant more extansions. The deadline is now October 20. Shaffer said the important point is if TCI is acting in good faith. Jeppsen said the Commission needs to see proof of good will. Christian asked if the delay was coming from the local company or from corporate. Shaffer said he, beliaves the delays are originating from corporate due to the initiating of rate regulations. Burnside said if TCI misses the 3D-day deadline to come into accord with the franchise agreement, the City would probably serve TCI with an official notice of violation. Thara would be no further formal action, the non.compliance would be a matter of record and be considered during the refranchising process, In Anne Burnside's opinion, the manner in which TCI responds to tha situation Is significant bacause it indicates how and if TCI is willing to work with the City. I ~1~O ., , , I',! ,'I I:' II: I I III I , ;, ; " Ii, :i \I ;, I' " (' . " , '\ , " ti' 1;: 1: I' I , i:. , j !' i I I I' 11 , . ,i :i '- I 'I , . . , . ., 1 i,. "Cl' n C' ',-I " " ,;' ::,' 'I: , ":(..;.1, , '"1 ",-V' ,'., '.f ; . _. I, -'. -~. ',.', ," " / ,,I,, ',/ \ " ], " -, -" Broadband Telecommunications Commission September 15, 1993 Page 3 PATV REPORT A written reported was provided. PA TV will hold an Open House/Info Extravaganza on September 23,1993, from 7:00,9:00 p,m. in Meeting Room A of the Iowa City Public Library. Maureen McCormick, Mike Preftakes, 'Steve Wurtzler and Matt Bowerman hava joined tha Board of Diractors. The lawsuit against Doyle Detroit and PA TV is being handled by Shuttleworth and Ingersoll in Cedar Rapids and is proceeding slowly. I I I , TCI REPORT Bill Blough was absent. Stevens reported he had held a conversation with Blough in which he indicated he believed the retransmission consent negotiations between TCI and KGAN will be resolvad positively. LIBRARY REPORT l;! Carol Spaziani reported thet Rick Amundson has been hired as an Audio Visual Technician. Two library staff members attended a workshop held by the State Library of Iowa and the State Historical Dapartment to learn how to produce local history videos. Taking the lead in creating local history video is a high priority in the library's five.year plan. During FY95 and FY95 the library hopes to work cooperatively with the Community Television Group to produce local history videos for the 1996 state sesquicentennial celebration and the centennial celebration of the Iowa City Public Library. The library received notice from the State Library of Iowa that they have been named as a potential site for inclusion in phase threa of the Iowa Communications Network. Carol Spaziani wrote a letter complaining about the way TCI handled the channel realignment. The library received one day's notice and was assured subscribers would raceivemail notices before the change. The notices ware late and rather than specifically identifying Channall 0 as the library channel, the notice merely indicated that it was a local access channel. Spaziani requested new channel lineup cards be sent in the next billing. Shaffer reported he has talked to Bill Blough and TCI will send naw channel lineup cards after October 6 when the situation with KGAN is resolved. Shaffer said the channellinaup changes are due to the FCC rate regulation rules and TCl's efforts to come close to the benchmark to minimiza a decrease in revenues. Helling said that if an agreemant is reached with KGAN, it is not sura if WHBF, Channel 4 in the Quad Cities, will replaca KGAN because the dispute is mora likely between CBS and TCI rather than the local subsidiaries of the two. Stevens noted that KGAN and Cox Cable have come to terms. I ; 'I tl'. II' I . l~ i I 'I'~ 'd': 't 'I ;;, ,I P 'I (: ,I!; II J I .! I 1/.. \.J.1I'\ ", t ECC REPORT Shaffer reported he has met with the new Media Director for the Iowa City Community School District. Pat Braunger, and she is interasted and excitad in the developments surrounding the Community Television Group. i" i t:t1.1 qO \ ;! i' I -..,;, ,.., ....',...,..:,' I',' "'f("I'. - , " !':.,,,,..... ','i - "'1.--...- ""W\....~ '... ,---- ....~... --- . .. -,~~ ~ !; '" f":'I'.'C1''- r,' , I~": " ' "'., , ,', r '. '< '.' : I "'1, '. .' . : " ,', ::, l" _. ',' ,-- '~- I '. " , ,I ", I '-. ---'-" Broadband Telecommunications Commission September 15. 1993 Page 4 CABLE TV ADMINISTRATOR REPORT Shaffer reported receiving eight complaints-two about getting cabla lines buried. one about the late fee, one about some programming on PATV, two about the channel lineup changas. one about a mess left after burying a cable wire. and one about a discriminatory disconnect which has since be resolved. Tom Flanders, the Interactive Specialist, will be resigning. His job is now being advertised. A production booth for the Council Chambers will be constructed on the second floor. Efforts are continuing to resolve the noise problem in tha studio space of the Govarnment Channel, Shaffer reported he is working on a letter responding to PATV's request to extend their contract with the City. The Government Channel is looking into buying a satellita dish and a production van, Shaffer said Rice. Williams will soon being working on a draft ordinance. Shaffer will draft a letter to the cable company requesting the information they sent to the FCC in regards to rate regulation. Work is continuing to locate axternal funding for interconnection with the Iowa Communications Network, the INET. and School Net. ! ! i , ' I !:i , ii I;: ~ " i I: I [I - i II !r I " W I " " Ii 'i n ji j.; :\ (; I, . i I Ii I i " I .I 'I 'I COMMUNITY TELEVISION GROUP REPORT Bob Hardy reportad that the CTG grew out of meetings bagun two years ago to maet issues such as telephone entry into video programming. refranchising and the impact they would have on community television, The CTG is made up of representatives of the government channel, PATV. the library channel. the educational channel and the Senior Center. In the last six months the meetings have taken off as members sought ways to become more efficient in the face of declining resources, One area of discussion has been how to work togather and be mutually supportive to accomplish things for the community which hasn't previously been possible working indepandently. Another primary objectiva is mora effective use of resources. Communication among the community channels has generated enthusiasm for the potential. opportunity, and expansion such as low power TV and alternative sources of funding. As an organization, the CTG is already working together and is looking at models of organizational structure. The structure of the Johnson County Council of Governments may be a good model as it would enable the members to work together and offer opportunities to outlying towns and the county. Hardy referred to the materials provided for more extensive discussion of philosophy, goals, mission statements. etc. Stevens asked if the Coralville City Council has been informed. Hardy said that Shaffer and Helling have had conversations with Kelly Hayworth, Coralville City Manager. and Diana Paulina is interested in bringing it to the Coralville City Council's attention, The CTG wants to develop a structure which will permit other communities to entar community television running rather than starting from scratch. Stevens noted that many Coralville residents use PA TV and that the CTG may be a vehicle to facilitate cooperation and coordination between Iowa City and Coralville. Helling reported that Coralville has hired the formar City Manager of Maquoketa to assist them with their refranchising process. It appears Coralville wants to pursue their own routa. Coralville may want to piggyback their refranchising on the work done for Iowa City. Shaffer said that Coralville may be interested in starting their own government access channel and a library channel, , . d o1t qO i .. , " :'i " , " , ' 1',1 \', ~". - '''-- --....,-~-;, ......... ~ ;.'....... --~----~ ';'. f( )~I:t~, C( ,',," , : -. \ . I / 1/\ i' 1 ~ ' " .(' I' -'::::-0 ~,:::::.:----.__, Broadband Telecommunications Commission September 15. 1993 Page 5 CABLE TV REFRANCHISINGIRENEWAL Most issues were addressed previously in the meeting. The deadline for TCI to respond to the RFP is now October 20. RATE REGULATION I " i I I Stevens expressed a desire to send out a press release informing the community that the City will regulate cable TV rates. Shaffer reported ha will be filling out and sending to the FCC the cabla programming complaint form which requests the FCC to regulate the extended basic tier. A recent FCC ruling will permit a negative checkoff on bills for a la cart programming and permits any customer service standards above those of the FCC to be addad to the , subscriber's bills. Shaffer reported that Blough told him that approximately one-third of the subscribers will pay less and two-thirds will pay the same or more, Stevens notad that part of this could be attributad to no longer charging for extra outlets which. in effect. subsidized those subscribers who racaived fawer services. , , , , PUBLIC DISCUSSION ~ III 'i" j I, I '1\: ',I' i" '. H fi ~' , None. ADJOURNMENT It was moved by Jeppsen and seconded by Patton to adjourn. Unanimously approved. Adjournment at 6:42 p.m. Raspectfully submitted. I I I , \blc9.15.rrin .t., I :-1, i [ V'v..",_. '"",,. ,0'-',,'-,:,.>..,....'." '-..'....,.,1"'; i I c::J(qO I ..--~~~".,: ~, " .. '. -.,.. .A.""_,,,......_n._.. '.- A . .,.".,.._,. - .~_"'" ____- "'-.. _,' - . ~ . - -.,,0...,..- - __ ....,..:. "', .. ~) 0'0 'f ,/ i " , .".~..,;", \'" , ',,' -~Ff ~ ... I _P ... -.'~--i \ f,.,': .' t-:'l' 1-/' t ,,[, " ' " , ,,' t.... . . ~I " " .... ' ' .,,' 0'" ' ".--', ,;:,' "_~ '~. I - ,_, '-' .'( - " -:. . . / /,.'\ ", '1 .1. . , '--.'-'--. MINUTES IOWA CITY PLANNING AND ZONING COMMISSION SEPTEMBER 23, 1993 7:30 P.M. SPECIAL MEETING CIVIC CENTER COUNCIL CHAMBERS PREUM!w~A~Y , Subjsct to Approval MEMBERS PRESENT: Ann Bovbjerg, Pete Cooper, Sally Dierks, Tom Scott, George Starr MEMBERS ABSENT: Dick Gibson STAFF PRESENT: Bormann, Miklo, Moen, Schreiber CALL TO ORDER: Chairperson Scott called the meeting to order at 7:45 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was nona. ZONING ITEMS: 1. ANN93.0003. REZ93.0015. Public discussion of an application submittad by Sycamore Farms Company to annex an approximate 420 acre tract of land located south of Highway 6 and tha southam corporata limits, and to rezone the parcel from County RS, Suburban Residential, to RS-S, Medium Dansity Single-Family Residential; RM-12. Low Density Multi- Family Rasidantial; RFBH, Factory Built Housing Residential; CC-2, Community Commercial and CN-l, Naighborhood Commercial. (45-day limitation period: waived to September 23, 1993.) Miklo said at tha their Septamber 9, 1993, meeting, the Commission outlined Issues they felt needed to be addressed In the conservation aasement; staff has worked with the applicant on a revised draft that was included In the Commissioners' packets. Staff believes tha revisad draft addresses soma of the issue raised by the Commission; others have not been rasolved. He said staff faels there are also Issues In the conservation easemant that need further clarification. Mlklo said there Is one particular Item in the conservation easement that tha applicant and staff have had disagreement about; the applicant objects to the clause that would give the City the right to use a portion of tha Sycamora Farms property In the future for filtration of wastewater from the City sawage traatment plant. It Is not clear at this time that the City will actually be using that method to treat wastawater or stormwater runoff but there is a possibility the City may explore that method in the futura. The treatmant itself would most Iikaly occur on property to the east of the City's traatment plant rather than directly on the Sycamore Farms property, but thera Is the potential, givan there are watlands on the site, for water to Intarmlngle and flow onto that property into tha wetlands. He said thare ara other communitias that have used this method In an environmentally sansltive fashion to actually enhance wetlands; this would be the City's Intent. ~191 "" -- I I I I:' ..... . , i i I i I ~ I: I I,: ! !i - Ii I; 1: /:( "ii ~ ! I 'I i .j' I, ,j j I J '! il " , ~.i' '":'"~ .,.'" - ----~~- ..... , ... ~ ..-. "-W" --- -- ----.-........-. V"" - - -- ...,~.... -....~_. ....-_. ,,,. \ " - . ---- , ',;.~,':' :rt' . \_,1 ,'t.....,., : ',::J . " :' ,.: ': _' .',' ,'. .'. ~t, ..,...-.:' " " . .:'. f' '., ',::. '1 {," -- Planning &. Zoning Commission September 23. 1993 Page 2 Miklo said the applicant has indicatad that he will not consent to that clause being contained in the conservation easement. Staff requested direction from the Commission regarding that clause. Miklo also noted tha Public Works Dapartment would like to pursue this issue at the Council level if the Commission decides not to include this clausa in the conservation easement or make it a condition of the rezoning. Miklo said thera are also zoning issues which need further clarification; those wara highlighted in the September 9 mamo from staff. He said staff has had further discussion with the applicant and have reached agreement on some of those issues. He said the applicant had raquastad a diffarant configuration for the RM.20 zoning adjacant to Highway 6; staff was recommending that 10 acres adjacent to the highway be zoned RM.20. The applicant has asked that an additional 5 acres east of a proposed collector straet ante ring into the property also be zoned RM-20; staff concurs and recommands that change. He said staff would anticipate that. if tha changes to the RFBH Zone allowing commercial developmant are adopted by tha City, there would be tha possibility for commercial devalopment which would be compatible with both the mobila homa zoning and the multi. family zoning that may occur in this araa. Miklo said the other zoning issue to rasolve is the RM.12 zoning requast in the western portion of tha annexation araa; thera are currently 10 acres zoned multi-family in the county in that area and thare are 3 multi-family buildings. The property is accessed by a private drive that is unpavad and in a 33 foot strip of land; there is not adequate right-of-way to widen the road to City standards. Staff recommends that tha RM-12 zoning be conditioned upon that access baing brought up to City standards prior to the issuance of any building permits In the RM.12 zone. He said staff would anticipate enough right-of-way for an arterial street but the street would actually be built to collector street standards. He said that if tha access could not be improved to City standards, staff racommended that the area be zoned ID.RM, Interim Devalopment - Multi-Family Residential. Mlklo said staff recommends that the proposad Sycamora Farms annexation be approvad subject to: 1) Adequate measures will be taken to protact the "Snyder Creek Bottoms" from any adverse effects from development of adjacent areas. These measures would be spacified in a mitigation plan to be submitted with a preliminary plat for the araa, prapared at tha ax pense of the applicant, and approved by the City. 2) The praservation of the "Snyder Craek Bottoms" via dedication to the City or the establishment of an accaptable conservation easement. Mlklo added that if an acceptable conservation aasemant cannot be reached, staff recommends that tha property be dedicated to the City or that the annexation be denied. 3) The dedication of adaquate open space to the City based upon the formula contained in the neighborhood open space plan. 4) The establishment of a padastrian access easement over the existing Southeast interceptor ' Sanitary Sewer easement. o1(QI '-. - ...,-~ -- ; , I I , l,. ii' I I li Ii I' i! !I II I" (i I~' , , i! ,: " I ;;' , I I, " " I i , 1, I ( , !' j II :1 11 ij I , ,I, d "~--,,. - ~----, ...- ""'tI'IIII; . --, - ~ .,-'..... ~ ~~ ..........-----~.-,~ - ...~- ~ ... -~ ~ ,......."......--.-----.----....- I j, . '. . . -'" ',. ", t-l " LI' t . -t . . " :~ . . , :." ,'-: I ' . '1' '. , ' ," " , 4 _4 . T _' .-~.' '. ' . l , / / '1 .1. Planning & Zoning Commission Septamber 23. 1993 Page 3 5) The dadication of a 15-acre school sita, the location of which shall be negotiated with the City and Iowa City Community School District. Miklo added staff recommends that the language for the conditional zoning agreement ba similar to what was approved in the recent Windsor Ridge amandment. 6) The devaloper paying all costs for infrastructure installation, including oversizad costs. 7) The accass road to tha RM.12 area being improved to City standards. If the access road Is not improved to City standards, the area should be zoned to ID-RM. Miklo said an actual legal description is also needed for tha properties being razonad in the configuration that is arrivad at by the Commission prior to thair final vote. In response to a question from Scott, Miklo said the legal descriptions are naeded bafora the Council can schedule a public hearing on this item but it would be best to hava the dascription prior to the Commission voting; otherwise tha lines ara somewhat arbitrary. In response to a quastion from Starr, Miklo replied the change recommended by staff would' rem ova 5 acres of RFBH and rasult in 15 total acres of RM-20 zoning. In response to a question from Bovbjerg, Miklo said. if the proposed amendments to allow some commercial uses in the RFBH zone are adopted by the City, staff anticipates thosa uses would occur, given the proposed zoning pattern, west of the southern area zoned RM-20. Bovbjerg said it was her impression the commercial uses in an RFBH zone would ba oriantad to tha people living in tha araa. She said she faars if the commercial uses are placed so close to the highway, It would take on a highway-commercial look. Miklo said staff envisions the commercial uses as fairly low key; the proposed ordinance generally limits the uses to daycares, storage facilities for the mobila home units, and a small convenience store. He said in this location. staff anticipates that the multi-family development intervening batween tha highway and RFBH zone would buffar the commercial uses from the highway; nor would staff anticipate approving a proposal with a highway-commercial nature, since-that Is not the intent of the ordinance the Commission is considering. Scott said retaining an easament over the Southeast Interceptor would allow access via a bike/walking trail to the convenience stora located to the north. Ha noted the ordinance gives staff the final decision to administrativaly approva any proposal for commarcial uses, which will depend on the design of the subdivision. Public discussion opaned at 8:05 p.m. Steohen Brloht. aoolicant. said he faals the applicant and staff are making progress towards developing a conservation aasement document that meets the Commission's intant and also allows the devaloper to proceed with the development. Bright said the filtration issue Is totally unacceptable to the devaloper; it Is a taking by the City and If tha City wants to take the property, they should condemn the land and pay for It. He said he also finds It Ironic that the developer Is the only one not allowed to run watar on their land. i I " o1(Q( , I,; '...4l.1 .Lbo. - i i I I I, " , I I I I I Ii ! I I i II i I Ii 'r ( I I: Ii , I". Ii r; i ') I ~I r I I ! Ii ~.,.,... ..",.". i - --- "" ~ "'- QI; .-' _....- ~~ --.,..-.-.........- r-~ -\- - . ...~ -,---y-- - .~--.~------..-- ( . . . ~. . J I I ".. ' , t-l" lEI, t ' I...t'" ", : ',' :; , ,~, ';,,1" 7,', "', .,',; " " / 1 , Planning & Zoning Commission September 23, 1993 Page 4 Bright reviewed the applicant's original proposal for RM.20 and RFBH zoning in the northern portion of the property and staff's counter proposal. He said the compromise reached by the applicant and staff accommodates the developer's construction plans for this area. Bright noted the 10 acres proposed for RM-12 zoning in the southern portion of tha tract is currently zoned RM in tha county and could be built on now; the developer feels it is not reasonable for tha devaloper to lose an existing property right. He said the developer Is agraeable to putting a hard surfaca on tha existing road and agreas to making tha 10 zone conditional on whatever straet is requasted by tha City. He askad If the Commission would accapt tha devaloper presenting a straet proposal for the RM-12 zona which allows them to maintain thair currant property rights. He said he and City Enginaer Rick Fosse datermlned there is currently a 22 foot road surface; the developer owns a 33 foot strip of land. Bright said that is sufficient to maet the City's rural design standard; he noted the reason the developer is not allowed to develop the 10 zone today is becausa the City faels it Is too rural, yat staff is trying to force a City street In the area. Ha said the City's design standards call for a 50 to 60 foot right-of-way, which the davaloper does not own., He reiteratad that tha developer is agraeabla to putting a hard surface on the existing 22 foot wide road prior to the issuance of any building permits for this araa and to a condition to put in a straet that meets City standards before building In the proposed ID.RM zone to the and east of the proposed RM-12 zona. Bright said the daveloper has no problam providing legal dascriptions for tha areas being rezoned once thare Is an indication the annaxation and razoning will be approved. Bright said the devalopar feels the area proposed is appropriata for commercial activities under tha RFBH zone for a number of reasons; the main focus will probably be child care facility so it makes sense to place it at the accass to and from thosa homes. He said there is also a small mini-mart planned for the araa and noted staff has detarmined that it is sufficiantly bufferad so that it does not get commingled with tha mini-mart to the north and doasn't becoma overly visible. He said the davelopers would like to continua to use the axlsting farm buildings in an attampt to maintain a rural atmosphere to the commercial araa. Bright said the developer appreciatas the Commission's afforts and willingnass to continue to work on this proposal. Ragardlng tha access road to tha proposed RM-12 area, Miklo noted the Fringe Araa Agreement for this area actually specifies that any developmant within one mile of Iowa City in this vicinity would be built to City, rather than rural, design standards. He said staff does not fael rural design standards ara appropriata for mUlti-family development. Cooper said, because the land will be annaxed to Iowa City, he faels tha proposed road should be constructad to City standards. Public discussion closad at 8: 16 p.m. In response to a question from Scott, Miklo raplled in order to determine the open space requirement for this tract, calculations based on anticipated population dansitles for the ' property would need to be recalculated because the proposed zoning patterns have changed. '_C,. 021 q ( - -.- , , ; : , , !;; . ~ I Iii II " i ii, I, , Ii' . '. . ,II I I " I' , I i .' I " 'I !. Ii II . !; '1 :1 I ,:J . r ;, , I ,I; . . I' ,I "'............"".,. , , I , , \' ,I ..... --"'1 ~ -~-- ~ .;'.......-- ~ ......" ..........---- -~ff . .......,...-. ..- ,..............---. \ ( ".' - ,''.-, '/-' , ' .,," -, :, ,'" ,.' t I ')~I ,).;i" l!: '" ,. " ': ';1' .,1....:.... ,,,. ,L..- '1__. . " " ! Planning & Zoning Commission Septembar 23, 1993 Page 5 Scott asked if tha calculations would include the 150 acra "no.build" area; Moen replied the calculations ara based on population so the "no-build" area would not be included. Bright said he agraad with that requirement. In response to a question from Bovbjarg, Miklo said the proposed accass road to the northern area in tha RM-20 and RFBH zones would run north.south and essantially split the area into two equal portions. Scott said the Commission discussed moving the proposed border of the "no. build" area to follow the southeast interceptor aasement in the southwest corner of tha tract in order to meet Department of Natural Resources concerns. Bright said it was his undarstanding that tha original boundary would be usad but upon delinaation, any additional wetlands in this area would be added into the conservation easament. Scott said the jurisdictional watlands within the conservation easement would require a 50 foot buffer; any jurisdictional wetlands outsida the conservation easemant would raquire an 100 foot buffar. He said there is some concern in one area that the collactor straet required by the City when the ID-RM zoning Is changad will intarfara with some potantial jurisdictional wetlands; if any jurisdictional wetlands are delineated in this area and naed to be moved, the proposal is for the davaloper to replaca them 2 to 1. : I , I, i. II II I' , i: 1\: ;i !" I.: I !.! 'I " , I '. I' '.' II r " :1 I I 11 IJ Bright said the Iowa City Community School District has indicated some preliminary interest in the very south edge of tha tract as a potential school site; he requasted the possibility of exlanding a school campus or recreational fiald across tha western bordar of the proposed "no-build" zone ramain open. He said the school building would clearly ba west of the sewer line and meet the spirit of tha DNR raquirements. Scott said it would be beneficial for the schooi district to identify a general location of a potential school site as early as possible. Bright said the campus or recraational field may be located on hydric soils but would not include any jurisdictional watlands. He said the school district Indicated interast in this area in an effort to get as far away from Grant Wood School as possible and also to ba close to the City park adjacent to the south sewer traatment plant; ha added the school district is considering the site for a middle school rathar than an elementary school. He stressad the proposal would be sent to the DNR for approval at some point. Moen said the Commissioners' September 9 packet included an illustration submittad by Tarry Kirschenman of the DNR which identifies a proposad "no development" boundary. She noted the area In which the devaloper anticipates a possible school site is outside the DNR recommended boundary. .Scott said if the school district wishes to encroach into the "no developmant" araa for an open recreational area, ha felt It should be dellneatad and sent to tha DNR for approval or denial. Moen said the City's understanding with the DNR Is that the proposad no development boundary is firm; staff would want to consult with the DNR regarding any encroachment Into tha area. Scott asked if the entira development proposal would need to be submitted to tha DNR for approval; Moen said the DNR has given the City the rasponslbility for determining whathar or not the developmant proposal meets what tha City rapresented to them at their previous meeting in Des Molnas. Moen said it may ba determined that some type of actlva facility , assoclatad with the school may also be linked to the mitigation plan: the DNR will essentially :1 ~/ql ,. - i i,,' ...",.'" - - '1 --. ...-~~- ~. ...- --- ~~- ......,- - .. ~. ! Y \ ( .,:'.~ .'.' ~, " '!.".: " , ' 't I 1,1 t I ' . ,,~',"'," "~I,,7t...tf. ,",,' ., _ It. _",.-. \ . ' " . / , , 1 .I ' 'r '- '. Planning & Zoning Commission Septamber 23, 1993 Paga 6 rely on the City to detarmine whether the mitigation plan satisfies what the City rapresented to them. Miklo said, If it is the intent of the Commission to allow consideration of some active racreational facilities in association with the school in the area in question, it may ba better to create a separate easement on the school araa rather than clouding up the language of tha conservation easement. Scott agraed. Scott reviewed staff's proposal for the boundary of the "no build" area; ha said ha sees no reason to garrymander the boundary line to include all jurisdictional watlands if the developer agrees to a 100 foot buffar around all jurisdictional watlands outsida the "no build" area. Moen said, basad on the DNR proposed boundary, it is clear there is a finger of possible jurisdictional watlands that would not be included in the "no build" area. Sha noted that in the southwest corner, staff's proposed boundary differs from the DNR's by following the southeast interceptor easement rather than gerrymandering to Include all jurisdictional wetlands. BovbJerg moved to accept the general boundaries of the conservation aasemant, as ravlsed on Exhibit A In the Septamber 9, 1993 staff report. Dierks seconded. Scott explained the ravision moved the boundary in the southwest corner to track the southeast intarceptor easement. He said the finger of potential wetlands identified in the DNR proposal would be excluded, with the understanding that if It is later delineatad as a jurisdictional wetland, it will be protected by a 100 foot buffer as part of the conditional rezoning agraement. Miklo asked how the Commission wished to address the possible recraational area associatad with the school site; Scott replied through an addendum to the conservation aasament if that particular school sita is chosen and tha DNR approvas the permissibility of recreation active uses within tha "no build" area. Bormann said the City may wish to raference in the original conservation easament that if at such time the school district elects to locate at this site, the parties will negotiate an addendum to the conservation easement to permit recreational uses if the DNR concurs. Scott said if the school district makes that detarmination early enough to get a response from the DNR before the Commission votes on this application, it could be included in the original conservation easement. The motlon carrlad on a 5.0 vote. Dierks moved to Include language In the conservation easement that would allow tha City to utilize the subject property as a filtration to traat wastawatar. Cooper saconded. Scott said he faels filtration Is an improper use if tha jurisdictional wetlands and surrounding area are truly to be an amenity to the proposed subdivision. He said tha Commission has heard testimony from people who know far more about watlands about the change in the aquatic nature of the wetlands if the entire araa is flooded. Scott said he also objects to City utilization of private property; it Is not property that has been dedicated to tho City If a ' conservation easemant Is used. He said in tha non-jurisdictional wetlands araas, It Is also his ;2/q/ . ,,'., .- -' ,: i I ' ' I ; I i ' , , , I ; I !" !i ~ , I[ I ! Ii 'i Ii I, I !, I: 'i' I I 1'1 ~. I: j I ,I II " I -...........~.. - '-~ -..., ...~ "'1JIIIIIi r .., ~ ..-'....... - -- .......-..- --- ~~~ - ........,..... ... ---~. .. .... I , ' ' !" ", "" , ': 'rl '1:-/, t: ,-I ' ' " ' ,. " . ., f', ,~, '.8" . . .I V' . ~. '. p ".: _. ,\_ '_,. 'I'" t" . :' . ) I Planning & Zoning Commission September 23, 1993 Page 7 hope that a network of handicap accessible trails are established for tha public utilization of this area In a passive nature; if this Is included in tha consarvatlon easement, tha potential for utilization for filtration is contradictory to thosa same goals. He said he does not intand to support the motion and would be happy to argue the issue In front of the Council. Cooper agreed with Scott, adding he disagrees with activa racreational uses such as ball fields in tha area but would support handicap accassible trails. Starr also agreed with Scott; he said he disagrees with the utilization of private property for public use. He added that while the sewage effluent polishing may ba an appropriate use, he has concerns about the potantial detrimental impact on the jurisdictional wetlands. He said the Commission Is going to graat lengths to protect the wetlands and should not put them in jeopardy by aliowlng a usa such as this. Starr said he would not support the motion. BovbJerg seld thera ara benefits to using land for overflow or effluent; the onas she is aware of hava been conscious incorporation of filtration with constructed or sami.constructed wetlands. She said she thinks using filtration via the wastewater traatment plant and presarving a natural condition are somewhat at odds. She said she feels thera should be provisions In the conservation easement for dealing with the affects of possible seepage onto the subjact tract. Bormann said that was the intent of the reservation of right includad in the draft conservation easement; it was not to allow the City to diractly pour watar onto the property. She said the City Is not asking for active usa of the land for filtration. She also noted it is not uncommon for the City to obtain easements over private property for public use; an easement for public accass trails ovar the proposed conservation easement will be the same situation. She reitarated that the Intent of the filtration clause was to protact tha City in the event overflow onto the subject property did occur; without an aasemant in placa to allow the City to do so, thay cannot allow water to flow onto the land. Scott said he thinks if tha City acts In a mannar that impacts tha property detrimentally, they should nagotiate an easement with the property owner at the time. Ha agread it would ba nice to have the easement now but said his objections are partially because the details of the mitigation plan are unknown and the axact location of the trail system Is also unknown. Ha added he believes the City is antiraly capable of praventing that problem from occurring without significant cost to the City. Bormann said incorporation of the filtration clause was at the direction of the Public Works Department, who indicated while they currently had no plans for filtration, it would be nice to have a maasura of protactlon if needad. Dierks said with all the trouble the Commission has gona to protact the wetlands, sha feels to allow the City to usa it for filtration Is unfair; If tho wetland complex Is going to be developed as an amenity to the development, it is unfair to expect water to ~ack up on It perlodlcallV. She said public easemants In tha past have tended to be positive such as for public trails; she views this easement as detrimental to the property Involved. Ol.I'I{ ~ft--d11..1M- ~. , .&...._.aL .... - : i I : 1:< " I Iii , J" ! :1 Ii, " :! I: I!,' r . I! ;: ,Ii f.; II ',lli I) I : II ,Ii ,(, >I -,- ...,.,.". - - "l------"'--: ._~.... '4..-'....- ~---- >',"lr~::,~~/' ,>,h': Et, ':,',~ 1/ , . 1 , i -- Planning & Zoning Commission Septembar 23, 1993 Page 8 Scott said the underlying premise in the Commission's struggla with this application has bee to rem ova all identifiable unknowns on the part of tha devaloper; it seems there are unknowns in what the City wants to retain In this instance as a potential action and he feels it is doubla. daaling. The motion was defeated on a 0-5 vote. Bovbjerg moved that the roadway to serva the prasently zoned RM.12 area ba constructed with a minImum of 6 1/2 Inchas of portland cement concreta or 8 Inches of asphalt concrate; said roadway to be built at a 22 faat width without curb and gutters on the prasent available right-of-way. Starr seconded. Scott said this situation is similar to the Commission's action on Scott's Sacond Addition. Miklo notad that situation was somewhat different in that the roadway was leading away from davelopment towards a rural area and not carrying potentially lerge amounts of traffic. He also noted the Fringe Area Agreement for this araa identifies urban standards; he said another issua that will arise with this particular developmant is secondary access. Dierks asked the amount of traffic this road was intended to serve; Miklo replied with 10 acres, thera is the potential for 120 dwelling units. He said thare ara currently approximataly 20 units. Moen said this roadway will not axclusivaly provide accass to the multi-family davelopment; It is expected that this roadway will aventually connect to the east and to the north with the roadway that will intarsect with Highway 6. Scott said becausa of the problem with right-of- way, he suggests requiring a 22 foot wide roadway to allow devalopment of the RM-12 zona with the condition that the road ba brought up to collector street standards at the time the ID.RM zona is rezoned so that the infrastructure is in prior to any potential development of the ID~RM zona. He said if the road is built 22 feet wide without any curb and gutter, it is possible to ratrofit the road to the 31 feat wida collector streat status without reconstructing . the entire roadway. Moen said staff has been advised by the Public Works Department that retrofit is not desirable because it rasults in concreta of diffarent ages and the work associated with ratrofittino could be mora expansive than laying the concrete Initially. Scott noted the developer would be paying for the work; he added the road could always be overlaid with asphalt. He said thare are many miles of road with diffarent ages of concrete. Starr asked about tying into the southern portion of the RS-8 zone to provide sacondary access to this area. Scott said If the road from the RS-8 zone was tied into the RM.12 zone, he does not belleva tha subdivision would be approved. Moan said any time an established neighborhood is prase nt, the prospects of increasing a roadway to accommodate tha development is much more difficult than if that particular commitment had been made at the outset. She said staff had originally lookad at a 120 feet wide rlght.of-way for this araa; that notion was abandoned because tha direction the roadway was expected to go would have cut through the wetland araa. Moen said thera are stili axpactatlons that, givan the amount of traffic and tha connection of this roadway between Highway 6 and Sycamore Street, tharo will be a nead for a right-of-way of approximately 85 faet and tha roadway should initially be constructed at the minimum of a collactor atreat. Miklo added thare Is the potential that, at some point, there may ba a connection farther to r9Jq/ ---_III!II! .. ___h_., __~ : , i , ~ j 11 I , II' l II i I,: I' I>: ,I I" I" i , 'I, I: I:' I'; , I: I " r ' " i" , , 4' I 1:1 I' I I, '.' II I: I' Ii I' Ii " II i: I , , , , I If : ' , , I' I I :i ,.,...--". - ----. --- ~- -- - "IIIIIIi ~I ~ 11I-'111I." --~...----..----- f' " ~.. .:...~. - ..;'. " ,'.t I'Ll/' ,t7t' , 'Lt ,:., '.' . ", r. , ' ", ,.',' , I:: __.', . - . \, ~ . .' . / '1 Planning & Zoning Commission Septamber 23. 1993 Page 9 the aast and the roadway will serva as a minor arterial or a collector street; he notad thera is not an opportunity for another east.west street south of Iowa City for a considerable distance because of the wetland complex that occurs in this area. Bovbjerg said people ara mora likely to object to a collector or an arterial streat right next to the watlands; Miklo said tha collector street would be north of the 670 faet elevation line within tha Sycamore Farms devalopment. Bovbjerg said she sees no problem with allowing essentially an access road at this time as long as there is languaga included in the conditional zoning agraemant that limits it to an access road for the tima being and raquiras an upgrade befora the surrounding araa is developed. Starr agraed thare should be a way to build in conditions to accomplish collector straet standards at the time the ID-RM zone devalops. Scott said the developer will probably have some control over the construction and he doubts they would jeopardize the rezoning of the ID.RM zone by not maintaining anough room to install a wider streat when required. Scott said thera ought to be a compromise position on this Issue; ha is unsure such large streets should be built through traditional residential naighborhoods. He said building a 31 or 36 foot wide road invites people to speed. He added thera will also probably ba problems with the requirad radiuses of the curvas needed in the road in this araa; the wider the straet, tha graater the radius. Ha said he anticipates future arguments with requiring any mora than collector straets in the RS.S and RFBH zones as they are developed. , I i j. " ~ I, 111 Ii " 1i 'I II' " I: I' " 11 :1 " ,i , " , i" ,:1 'i! I, i h i , I 1/ I, " Scott askad if staff anticipated requiring a minor arterial with right-of.way of between S5 and 120 feet at the time tha RFBH and RS-S zones are developad; Moen replied somewhera batween 60 and S5 feet and it would not encroach into the conservation easemant. Bovbjerg noted such a road would split the neighborhoods in both tha RFBH and RS-S zones. Miklo said one of tha other issues raised in the September 9, 1993 staff report is that If the area proposed for RM.12 Is devaloped ot this time with a substandard road. It will result in a multi-family davelopment In a very isolated part of the community; until the intarvening RS-S area devalops, the timing of which Is still In quastlon, there will be a pocket of multi-family zoning basically in the county. He said In terms of other City services, such as polica and fire protection, that will be a burden on tha City abova and beyond the usual for multi-family davelopment. Ha said It is an issue of timing as wall as the standard; at the time the surrounding properties develop, the potantial for receiving enough right-of.way for a wider street is much greater than if it develops now. " Dierks moved to amend tha original motion to Include: said road will be upgraded to collector status at the time of the rezoning of the ID.RM area. Cooper seconded. The amendment carried on a 5.0 vota. The main motion. as amanded. carried on a 5-0 vote. Scott said the Commission concurs with staff's proposed additional 5 acros of RM.20 at tha north end of the RFBH zone and also concurs if staff approvas of the commarclal site within tha RFBH zone to be located In the erea west of that additional 5 acres. Bovbjarg said sha ' Is uneasy with commercial usas locatad at the adga of the RFBH zone b~t is not opposed to il i , 3' eXl'tI JII .1 i" lIfI/IIII/Il"''''' ---- ~~~-. ~-.......-,......---- , . I' , /J ' , '. ' I -.' -' " ,', ,'.'.,' 't-:-l'" \1:1,', "I' ,'J',~' '", , ' ': ,.' , " I, ' , '" .. ' I, ,. , _.. . . , .: - " ..1, . ~ ~ . '1 I, '~ . Planning & Zoning Commission Saptember 23. 1993 Page 10 it. In responsa to a question from Dierks. Miklo said if the davelopar proposad locating the commercial uses further to the south, staff would have concerns because thera would no longer ba a good transition between the RM-20 zone and the RFBH zone. Scott notad. under the currently draftad ordinance, staff has unlimited review of proposed locations of commercial uses in tha RFBH zona. Miklo said if the applicant was not satisfied with the datermination of staff ragardlng commercial araas In the RFBH zona, tha matter could ba appealed to the Board of Adjustment. In responsa to a quastion from Bovbjerg, Miklo said the approximata total acraaga of RFBH zoning would ba 75 acres. Bovbjerg said the Commission may wish to consider amending the proposed draft of the ordinance to allow commercial uses in tha RFBH zone to allow the greatar of 5% or 5 acres. Starr asked if reducing the minimum acres raquired for commarcial usas in a RFBH zone would bring any axisting RFBH zones into compliance with the proposad ordinance; Scott said not unless the minimum acreaga was reduced significantly. Starr movad to dlract staff to ravlse tha conservation easement to raprasent staff's and the Commission's daslres In the areas whera there ara conflicts with the prasently drafted conservation easamant. Cooper seconded. The motion carried on a 5-0 vote. ~ fi II, r , I i. I,: i , " i' " " , " j , I I II " 'I Bright verbally agraed to waive tha 45-day limitation period to October 21, 1'993. Coopar moved to defer ANN93-0003 and REZ92-0015 to October 21, 1993. Dierks saconded. The motion carried on a 5-0 vote. 2. Public discussion of amendments to tha Zoning Ordinance, Section 36-58, Off-Street Parking Requlraments; Section 36-60, Sign Ragulations; and Section 36-9, RFBH, Factory Built Housing Residential Zone, to allow considaratlon of certain commercial uses as provisional uses in the RFBH Zone. i .' Dierks moved to defer discussion of amendments to tha Zoning Ordinance, Section 36-58, Off-Street Parking Requirements; Section 36.60, Sign Regulations; and Section 36-9. RFBH, Factory Built Housing Residential Zona, to allow consldaratlon of certain commercial uses as provisional uses In tha RFBH Zone. BovbJerg saconded. The motion carried on a 5-0 ~. CONSIDERATION OF THE MINUTES OF THE SEPTEMBER 9. 1993. MEETING: Scott noted a ravision to page 15 of the minutes of the Septamber 9, 1993 , meeting. Starr movad to approve tha mlnutas of tha Septembar 9, 1993, meetlng, as amendad. BovbJarg saconded. The motion curried on u 4-0.1 vote. with Coooer abstalnlna. ii ~Iql .,-- .Illl...ti>.h....t1 1A .ll. ';-1', ..,' :'1' " " \, -:l' I, ' ) i ,I. . , '~ :' :,. 't., , , . , .,., '1\' . ,'I', "" , ' ,~, ' (-I' ,LI., '/~I " " 'I t' '.' ":' , '.;;' . t..... " ',. . 't w, .' . I F\, , {. ',""-. - ,I . .....~-~ =,:::::.:~____ . -............ Planning & Zoning Commission Septembar 23, 1993 Page 11 ADJOURNMENT: Bovbjerg moved to adjourn at 9:40 p.m. Dierks saconded. Tha motion carried on 8 5.0 vota. Ann Bovbjerg, Secretary Minutes submitted by Nancy Schralber \p119-23,rr/n I I I , , ! !.. ._-~,..; J...... .~, ". ..'.,,J.~ j ~~.I .. ".h ......._..-~.- ~ '--......"". '- ~.....'.l,i' ......'.,,;.,.. '.'-,'..'..,. ....'._., i.". ~...,,;_ ..-."~..~_.._- ," I ----....-. Q/~ f ' i , I .1 I I I I I I I, i: I, I ! I I , I , I I I I . 1: , n" I:!'. jjl I i: I" I I "1" II 1.' I " li,'l '",""'~ ,......:I"l'''-..~,..rr.,." ", " 'I';!'" I' ,:, I' '", , ;. " , .' '. ,....\iL,' ""1'-.' , " "j! 'j'," ., :.' ',',' ,I :( . ' . i',' 1:' ii 'I" , , ' I I .1...,' , I , I .-' : ,('.' "- """'p' " i I, 'I \0' ---- ...... ----..... ............ ~ -'.. ..- -~...,'. Ilt,'. ~ ~~ " . -......." ~~ ( -,'. .. ",.oJ...........-:' , , , I , (, "- - . ,"," " ,',' ,t-l 'ILl" ,( " ,"~~' I' , '. I ' - " I" '" 'I " \. I, _. ..... \, .~'.' _.., " . I / ,:'-'J, ~" "1' ." '- '....._-, MINUTES IOWA CITY PLANNING AND ZONING COMMISSION OCTOBER 7,1993 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PREUM!~Ja~RY Subject to Approval MEMBERS PRESENT: Ann Bovbjarg, Sally Diarks, Dick Gibson, Tom Scott MEMBERS ABSENT: Pate Cooper, George Starr Burnside, Miklo, Schreibar STAFF PRESENT: CALL TO ORDER: Scott called the meeting to order at 7:44 p.m. RECOMMENDATIONS TO CITY COUNCI~: 1. Racommend approval, by a 4.0 vota, of V AC93-0003. a raquest to vacate a 384 square foot portion of the Lafayatte Street and Maiden Lana rights-of-way locatad east of Gilbert Straet and south of development located at 702 S. Gilbert Straet subject to the applicant's installing the public improvements indicated on the plan of the araa to be vacated. 2. Recommend approval, by a 4-0 vota, of SUB93-0020, the final plat of Whispering Maadows Subdivision, Part Two, a 1 03.lot, 26.14 acre residential subdivision locatad on Whispering Prairia and Nevada Avanues extendad subject to staff approval of construction plans and legal documents prior to Council consldaration. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGEND~: There was nona. COMPREHENSIVE PLAN ITEM: 1. Public discussion of an amendment of the Comprehensive Plan to changa the land use map deSignation of proparty located aast of Harlocke Straet from 16-24 dwelling units per acra to 2-8 dwelling units par acra. Miklo said staff had nothing further to report ragarding this Itam. Public discussion opened at ?:4S p.m. William Knabe. 1101 Weeber Circle. distributed a Statement of Position from the Weeber-Harlocke Neighborhood Association reitarating the basic position that the Waeber-Harlocke Nalghborhood Association has taken with ragard to this Issue. He said tha only new devalopment he wlshad to commant on was In regard to Mr. Ja,1sen's letter mentioned at tha October 3, 1993 Informal sasslon; Knabe said he wished to ralnforca that the nalghborhood sees a major differanca between a RS-S ' classification that allows 32-40 units and a RS-S that allows 20 units; as a ,i\> p ., : ,:.. ;," ',c.". .. ..... .......~. ~/tt( ~._._---.... .dill ' I I r j' 1 1; " I, Ii I I, II " il I 1 I I: I ;i , i! '~ f; "'r Ii " , ;! " j 1 " ! ' ' I ",J1 I 11, " 'I I' I I I : .' ; , ~ --..-. L.' . , " ( . I,. _ . . .. <. t-/' (;1, .,-:-, ,,'-t' '" , ' , ' ' "" , ,. .. I' , , ...,. ~ . \ ,~ .' -. . . ~. _. Planning & Zoning Commission October 7, 1993 Paga 2 consaquence, the neighborhood stands by their original racommandation to the Commission to support the RS-5 zoning clarification bacause Harlocka Street would be the only maans of access to this area. Gibson notad item #6 on the Statement of Position that states that the Weeber- Harlocke Naighborhood Association has "Expressad need for and explorad with the Iowa Dapartmant of Natural Rasources /lDNR/ an environmental impact study of the area, with specific amphasis on tha possibla prasence of hazardous waste. land use and erosion issues"; he asked Knaba tha outcome of that convarsation with IDNR. Knabe said David Dierks and Graham Dameron met with an IDNR representative for the purpose of discussing the possibility that thera was a hazardous waste araB on a portion of both the CFO property and Mr. Ruppert's property, and also to discuss Issues regarding the particular slope of the land and the erosion possibilities for the araa. He said the neighborhood was not able to pursue the inquiry much beyond an axplanation from IDNR: IDNR informed tha neighborhood that IDNR had no power to examine the land until tha property was transferrad between owners. In response to a quastion from Gibson, Knabe said if the land were transferred, IDNR could examina the land for potential hazardous waste sitas. Gibson said the emphasis In the statemant is on tha environmental impact study; Knabe raiterated nothing could be done until tha land was transferred because tha neighborhood doas not own the property. Scott asked if Knabe had any specific information regarding a hazardous wasta site on tha subject property; Knabe replied only what the residents of tha neighborhood have obselVad indirectly. Gibson asked if this issue, In Knaba's opinion, had any relationship to the issue of razoning or density of development; Knaba replied he feels it is not diractly relatad but may hava soma impact on the assessment of the potential problems on this piace of land. He said he is hedging because the possibility of hazardous waste is only a possibility and it Is dripping into a stream on the property so it also affacts tha Ruppart property to the south. He said the neighborhood has not mada any formal raquast for an environmental impact study because the residents do not feel they have the basis for making tha request at this time. Public discussion closed at 7:51 p.m. Gibson movad to defer tha amendment to the Comprahenslva Plan to changa tha land usa map deslgnatJon for properly locatad east of Harlocka Straet from 16.24 dwalllng ,units par acre to 2.8 dwalllno units par acra to October 21, 1993. BovbJerg seconded. Dierks said she Is not participating In the discussion of this item because of prior involvement In tha issua but has been Informed by legal staff that she can vote on the motion to defer the itam so that a quorum Is achieved. The motion carried on a 4-0 vote. ~'''( - - I I , ! ~I , I I II I I !' ,I II' , If I' ( " I:: r ,- I :i i;. I Iii i.; .1.1 11 " il ,t. " ;1 I II i' i Ii -I " 1\ i' , , I I" Ii /: I I , , ii " " I 'I': -. ~---~ ~-,.....- ..... ....- v :,< " fT" ',1~--/." "I~I "Lf., ' ",', , ' ,,' : : _.' "',: '": . r ~!.V, ' , . ,,' / " ;,.',- " I I '"'' ,. . ! ',- "- . ~-- . . , r -_._..........-......._..~...- . Planning & Zoning Commission October 7, 1993 Page 2 consequenca, tha neighborhood stands by their original recommendation to the Commission to support the RS-5 zoning clarification because Harlocka Street would be the only means of access to this area. Gibson noted itam #6 on the Statement of Position that states that the Weaber- Horlocke Neighborhood Association has "Expressad need for and axplored with the Iowa Dapartment of Natural Resources (IDNRllln environmental impact study of tha araa, with specific emphasis on the possible presence of hazardous wasta, land use and erosion issuas"; he asked Knabe the outcome of that convarsation with IDNR. Knabe said David Diarks and Graham Dameron met with an IDNR representative for tha purpose of discussing tha possibility that thera was a hazardous waste ares on a portion of both the CFO property and Mr. Ruppart's property, and also to discuss Issues regarding tha particular slope of the land and the erosion possibilities for the area. He said the naighborhood was not able to pursua tha inquiry much beyond an axplanation from IDNR: IDNR informed the neighborhood that IDNR had no power to axamina the land until the proparty was transferred between owners. In response to a question from Gibson, Knabe said if the land wera transferred, IDNR could examine the land for potantial hazardous waste sites. Gibson said tha emphasis in the statement is on tha environmental impact study; Knabe reitaratad nothing could be done until the land was transferrad because the neighborhood doas not own the property. Scott asked if Knabe had any spacific information ragarding a hazardous waste site on tha subject property; Knabe replied only what the residents of tha neighborhood have observed indirectly. Gibson asked if this issue, In Knabe's opinion, had any relationship to the issue of razoning or density of devalopment; Knabe raplied he feals it is not directly relatad but may hava soma impact on the assessment of the potential problems on this piece of land. He said he is hedging because the possibility of hazardous waste is only a possibility and it is dripping into a straam on the property so it also affacts the Ruppert property to the south. He said the nalghborhood has not made any formal raquest for an environmantal impact study because the rasidents do not feel they have the basis for making the requast at this time. Public discussion closed at 7:51 p.m. / Gibson moved to defer tha amendment to the Comprahenslve Plan to change the land use map designation for proparty located east of Harlocke Street from 16-24 dwelling ,units per acre to 2.8 dwalllng units per ecre to October 21, 1993. BovbJerg seconded. Dierks said she is not participating in the discussion of this Item because of prior involvement in the issua but has bean Informed by legal staff that she can vote on the motion to defer the item so that a quorum is achievad. The motion carried on e 4-0 vota. ~,'t( I I ! I , i I I I I I, i ,I , , I ' , ! ;'1 i !, I II! I '1 :i I " I I ,! l' I - , , . , j;, , , il I I 1: !I . Ii II' 11' 'r Ii !' i;' I' ,I Ii Ii -,.J J I :1 /,' I 1 !I , I,";' .......~ . ",' ~~/" '.L/' "'"::,,,,', I~:,,' , ' "", .,,' , : 'I:, . r~. . ,:; .". : _ ',' ,~~ ',' ,.' .:. , / , /-\ .! . . .:.:.... Planning & Zoning Commission October 7, 1993 Page 3 ZONING ITEMS: 1. REZ93.0007. Public discussion of a City.initiatad application to rezone an approximata 17.08 acra tract of land locatad generally on the east and west sides of Harlocka Street and north of Highway 1 West from RM-44, High Dansity Multi,Family Residential, to RS-5, Low Oans;ty Sing/a-Family Residential (approximately 5.5 acres) and RM.12, Low Density Multi-Family Residential (approximately 11.58 acres). In response to a question posed at tha October 3, 1993 informal meeting regarding the possible density of the 4 acre site east of Harlocka Street, Miklo said the maximum density for this proparty would be approximataly 20 units under an RS-5 zoning classification and between 32-40 units undar a RS-8 zoning classification. He added bacause of the nead to provide for a street, the actual density would be somewhat less. ~ ! : 1 ; it ~ II' II Ii r 'I !I Ir ( " , r: r- i.' i (; ,I II i i! ! I I ,\ I: Ii , Public discussion opened at 7:54 p.m. William Knabe. 1101 Weeber Street, said sinca there are two separate proparties included in REZ93.0007, the neighborhood respectfully raquests that the Commission consldar addressing them separately. He said at present, the neighborhood can raadily support tha rezoning of the 5.5 acras to RS.5 but are opposad to RM-12 for ail of the Ruppert property. Knabe offered four reasons for the requast: 1) it makas more sense to consider the two properties at the sama time but saparataly; aven Mr. Ruppert has publicly stated, at the July 29, 1993 formal meeting, tha belief that his property should be givan separate consideration ; 2) the issue of agreement with tha Comprehensive Plan land use map dasignation will need to be addressed for the Ruppert property because a portion of it is dasignated for 2-8 dwallings; 3) the developers or their plans with ragard to accessing the Ruppert proparty ara not currently known; the naighborhood is concarned about accass from Harlocke Street, which would lead to greater traffic problems; Mr, Ruppart claims to have accass from the south but this Is yat to be establishad; and 4) Mr. Ruppert's proparty was originaily zoned R 1 A which Is equivalent to RS.5; the naighborhood Intends to further explora the basis for the changa to RM.44. The 5.5 acres east of Harlocke Street was originally zoned R3A, tha equivalent of RM.44. Knabe said he had spoke with the City Attorney who had indicated it may be worth exploring the basis for tha change on the Ruppert property. He said the neighborhood would like to hava the time to explora that issue. Pubilc discussion closed at 7:58 p.m. BovbJerg movad to defar REZ93-0007 to Octobar 21,1993. Gibson seconded. II1A motion carried on a 4.0 vote. VACATION ITEM: 1. VAC93.0003. Public discussion of an application submitted by Capitol Improvement ' Co. and Kennedy Plaza, Inc. to vacate a 384 square foot portion of tha Lafayetta ,I ;2lq/ .~- - - i i '.! I,,) " ...~~ , t,,: __(/",:: CI," ',-:, ,"~I,'::"~"~ ' ;: I ,,:,'.. " , I I' I", ' ': ~4 .~, ',. .~:.- .' , . / , 1>\ " 1 .~~. . ..... ~---- Planning & Zoning Commission October 7,1993 Page 4 Street and Maiden Lane rights-of-way located east of Gilbert Street and south of development located at 702 S. Gilbert Straet. Miklo displayed an overhead illustrating the area proposed for vacation: ha said it Is a 384 squara foot area and would ba usad for parking for the Kennedy Plaza development. In response to a question raised at the Octobar 3, 1993 informal meeting, he also iIIustratad anothar araa which was vacated approxlmataly two yaars ago and was transferrad to Dave Steva; he noted there was a requirement that when Steve develops the property, a sidewalk would be requirad on the northarn boundary of the property. Miklo said staff recommends approval of the vacation as proposed. Public dlscusslon opaned at 7:59 p.m. Thera was none. Public discussion closed at 8:00 p.m. Dierks movad to approve VAC93.()003, a request to vacata a 384 square foot portion of the Lafayetta Straat and Malden Lane rights.of-way located east of Gilbart Street and south of development locatad at 702 S. Glibert Street subject to the applicant's Installing the public Improvements Indicated on tha plan of the area to be vacated. If1g motion carried on a 4'() vote. DEVELOPMENT ITEMS: 1. SUB93.0011. Public discussion of an application submitted by Dean Oakas for preliminary plat approval of Scott's Fourth Addition. a sevan lot, 13.4 acre resubdivision of Lot 4 of Scott's Second Addition located In Fringe Area B wast of Naples Avanue in the southaast quadrant of the Highway 1/Highway 218 Interchange. (45.day limitation parlod: October 7, 1993.) Miklo raported staff has racelved a request from the applicant to defer this Item to Novamber 4, 1993; the request includes a waiver of the 4S-day limitation period. Public discussion opened at 8:01 p.m. Thera was none. Public dlscusslon closed at 6:01 p.m. Dierks moved to defar SU893.()011 to Novembar 4, 1993. Gibson seconded. If1g motion carried on a 4'() vote. 2. SUB93.0020. Public discussion of an application submitted by CB Devalopment, Ltd. ' for final plat approval of Whisparing Meadows Subdivision, Part Two, a 1 03-lot, 26.14 .;21 q I "W,""", ".'",,, -- -" -- I I I i I I t , i , . If I I , 1 " 11, I' I Ii ~11 Ii I:; I[ I " 1\ :, ' II: !,) I " I" :1 ( " I ' ',; , I I .,ji I I ,I j :1 I j I I,,' ,{.' d " .: ',,.; ~". - " ,/i ! , "1----'" - -".,.... . I, ',' t":' ',' - '."', .-' ;..,',. ',' , ..1 ,L/, , 'I,'. :t t ' ,",," , ,,',' 'j .: :< _.'., \, , . : ~ .r. 'r,' ~ . " ,.' .' ' / ''1 !, . . .-.-. -', Planning & Zoning Commission October 7, 1993 Page 5 acra rasidantial subdivision located on Whispering Prairia and Navada avenues extanded. (45.day limitation period: November 1. 1993.) Miklo notad he had distributed a revisad copy of the plat to the Commissioners Just prior to the meating; all deficiencias and discrepancies hava been resolved and staff recommends approval of the final plat subject to staff approval of construction plans and lagal documants prior to Council considaration of tha final plat. In responsa to question from Gibson, Miklo explained that Exhibit A in the October 3, 1993 staff raport demonstrated the area whera tha final plat diffars from the praliminary plat for that subdivision. Public discussion opened at 8:03 p.m. 11 There was none. Ii; I Ii II III jl,t,: Ii:: - I.~,' 1 i\~ --_- ij i:l: ,! I I; "j I : \ Ii j , I I " ,I 11. ;' ,I Public discussion closed at B:03 p.m. Gibson moved to approva SU893-D020, the final plat of Whispering Meadows Subdlvlslon, Part Two, a 103~ot, 26.14 acre resldentlal subdlvlslon located on Whispering Prairie and Nevada Avanuas extended subject to staff approval of construction plans and legal documents prior to Council conslderatlon. BovbJerg saconded. Dierks exprassed concarns about potential davelopment diractly to the south of this subdivision. Miklo explained the southern boundary is the southern City limit; If the Sycamore Farms area Is annaxad, tha adjacent area to the south would be zoned RS.S. Dierks said she would like to see a sidewalk connection running to the south since the proposed Primrose Court is so deep. Miklo raplled thera will be a connection through the parkland to tha east ; thera Is also a walkway aasement along tha eastern boundary of the subdivision. Dierks said she would like to hava a better Idea of the existing areas surrounding this subdivision and how thay are developed. In response to a question from Dierks, Larry Schnittjer explained the north boundary of this devalopment is the watland park. He said there is a walkway easement that runs from the undeveloped area to the south up to the wetland park. Diarks askad if the walkway surface would ba improved by the developer as devalopmant of the area to the south occurs: Schnittlar said on tha preliminary plat, there was no requirement for the developar to Improve the surface on the walkway. Dierks said she would Iiko to ensure thet the parsons buying the lots adjacent to the walkway easement are awara that there will ba a walkway behind their homes: Schnittjer replied, because of easements, building would not be allowed within 75 feet of the walkway. :rhe motion carried on a 4.0 vota. ,; ;1 01 , 'It ."....,'. - _.~ ~,~ - '" i I \ "1: if , , I ,. '~; " \'.f " ! I - '1~--;,--~....~ ;,,'_......- --.... - ~ --,- -'f" ... ~....,.._. .... '-f. ' " ' '. . t' -I' L' ',-/ f:t ' , ' :'.' , , ,,-. , -+ tl . . " I: _.' ,'. \. _', .,' / l~. ,'., ,{ , ..._~...::::..::::.:._..--- '---..,: Planning & Zoning Commission October 7, 1993 Page 6 CONSIDERATION OF THE MINUTES OF THE SEPTEMBER 161993. MEETING: DJarks moved to approve the minutes of the Septembar 16, 1993, meatlng, as circulated. Bovbjerg aecondad. The motion carried on a 3-0.1 vote. with Gibson abstalnlno bacause he was not present at tha Septambar 16, 1993 meeting. ADJOURNMENT: I i i I . ! , Dierks movad to adjourn at 8:11 p.m. Bovbjerg seconded. The motion carried on e 4-0 vote. Ann Bovbjerg, Secretary ; , Mlnutas submitted by Nancy Schreiber i" 'I ,II fl Iii j" :i , 'I Ii !I " I' , d ,"'.. '1\ '.'. , ! plzlll-7.1rin ........",...;..' ...........,'1> '.';r!._'.I..;,':';'I.,.,..,,,.... ,;2., Ql.__ II' "l, i'l 1:', ,........~.......,......- ..,'.-.-.....' . ""\"'.,.. '.,.... . " I,. "',.,..... ""11("". - i " . :; ":_~ --.-....' """W\...... ~ -r,-, --- - -- ~... "':' 11" :,':,... ,ri' .ci:" ,,;/ '1;:1',.' . ,", ,'" . _. ,'..... "t ." ,- . Po... . , ' I 1/\ ,. ~ , {. -- .-::--~ ------- --.. 1/ P-t2. R.€g,l.llG.R. ~~Ll meeflt"~ Oc. ~ 7, Jqq'J, 1'130 -p, m. '?itG.se. Si9~ IN: ~Q.me.\ 3. 4. !. ,. ,1. 8. " i I ,~ 9. 10. It. 'J. /3. 11/. "--":"";'I."'i.,,,,.."...\.: ',;, ".'",.". .....~..".r :.&.M 'Ac:l.c:beS5\ //6/ fJ;eviL/ ~ t~n ~.~[6*~-- .'-, ..,'.-. .",','.,'" " \ I I ! I \ I ! , I I': I' i! . !Ii' 'I! ','I., Ii - I, ! i ' II ~ Ii, Ii"" '1- i !I '\ 'I!": . J i I t ~ I, I' I, '. i ,,'Ii I, " , . ,. " ,,:, , " , , ' 021 q I :1 " i I '..----....,-..,.,,'. -" 'I " i , I, '" ! ' ':.i ~fr. " ----- .- , IA) 0'0'0 A - ! I , i I' ..,~-:-.- -~....~ -'........- . ' - , . I . ': f :', ." t-l "CI,' 't "I '. /,-t, ' : ,'" : . , , , I ' , . , , 'I:. . _. "".<' _. ~. . ~ '. / /~" . ~~'. _ ~t__ , ......~.:----~.... MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY. SEPTEMBER 21, 1993 - 5:30 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: John Ockenfels, Howard Horan, Pat Foster, Richard Blum STAFF PRESENT: Ron O'Neil CALL TO ORDER: Chairperson Ockenfels called the meeting to order at 5:37 p.m. A quorum of the Commission was present. APPROVAL OF MINUTES: The minutes of the August 17, 1993, Commission meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Blum made a motion to pay the bills as presented. Horan seconded the motion and it passed 4 - O. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No it~ms were presented. ITEMS FOR DISCUSSION/ACTION: a. AlP Projeot 3-19-0047-03/Master Plan - Ockenfels commented that an agenda for the Commission meeting was sent to all of the candidates that filed for the city Council election. He had hoped to spend some time answering questions from the candidates concerning the Feasibility study. He was disappointed no candidates were in attendance. Blum stated that the draft information from the Planning Department I s economic impact study indicated that one of the survey questions concerned a landing fee. Blum stated that the fuel flowage fee is used instead of a landing fee. Ockenfels said he explained this to the Council at a meeting in August. o I Neil stated that no general aviation airports in Iowa have a landing fee. There is no one at the Airport 24 hours a day to collect a fee. Jones, from ICFS, said that about lout of every 3 aircraft buy fuel and pay the flowage fee. This includes general aviation commercial and non-commercial users. O'Neil said the next step in the Master Plan process is a decision by the Commission on how to proceed with the Master Plan. Horan stated that a decision should be made concerning a Master Plan to cJ.1 q~ I l. ....."......"'....1.'.;..:.. .......,,' . ".-....,........,\ " 1- - - I I I . 1: I'i Ii II .! ~ I , I: " !! H . ,I il I, ! ~ it .. '/1,: 'j" ii . n.. I"'. , ,': c: I; 1 , 1 " I, i,-, I.', . : / '0'- Ii I',. I' .-._" . "'- ". , ..... '4 ...__............ - .... ... --- ....,f".... -~.....,... ...~.. ,T .... - \ r' ' , ' _ _ :....,: '~' ""',', ' , I '/' , ," , , ~ t- _ I' . , '1/ , t I :;.f. l, 'i _ '. ' , " , . - / i,.'\ , 1 J .'1' . '-..-' \ .......~---" -~_....- .._ h allow the Commission to move forward and apply for a grant to develop a Master Plan. There was discussion concerning some misinformation about the Airport printed in th~ local media. Ockenfels, Horan and O'Neil met with the editorial board and publisher of a local newspaper several weeks ago and explained some of the incorrect information published. The newspaper editorial board said they could correct the misinformation in the editorials but that the news staff was a separate entity. The publisher stated that this was not necessarily correct. People reading the newspaper associate anything written in the paper as the view of the paper, without regard to which department wrote the article. No corrections have been printed yet. Jones, from ICFS, suggested developing a Master Plan for the current site and let the Master Plan decide if this is an appropriate site. He stated that it has not been proven that this is an unsafe site and that there has not been a fatality at this site yet. Foster said the study just completed states the potential safety hazards of the current site and he does not want to wait for a fatality to prove a point. O'Neil said the FAA strongly supports an airport in the Iowa city area and will support a decision by the Commission to move or stay. But the FAA will not pay for two Master Plan studies. The decision to move to an alternate site or stay at the current site must be made before a Master Plan is applied for. Ockenfels suggested that a Master Plan decision should be made in the near future. The economic impact information requested by the Council is to determine ,an airport's economic impact to the community, and will not address the Commission's most important concern, that being safety. An economic impact study will not provide safety information or determine which is the best site for an airport. The Feasibility study information has indicated that the safest alternative is to move to a different site. This would also cost the least new local funding. There are other factors to consider when a Master Plan decision is made. Ockenfels and Horan will develop two resolutions to choose between at the next meeting. One will be to apply for a Master Plan study grant at the current site and the other will be to apply for a Master Plan study grant at a different site. Ockenfels emphasized he would like all the Commission members present for the meeting. b. Capital improvement projeots - O'Neil said that a list of capital improvement projects should be generated and prioritized. This would include !DOT and FAA grant eligible projects and noneligible projects. O'Neil cautioned against budgeting and spending large amounts of money on capital improvements not directly affecting safety until a Master Plan decision is made. O'Neil will attempt to get cost estimates for the capital improvement projects. .l' q;. I , , I , : I , I, I 1 II II, II' " \ b i; I: '. " ) 'I i 'I , I I' , 1 ,I I, , :1 , \" -". - -----~-, ~- ~ -, -" ~ .-........--- - -- ~.... --- _ --l~..... ......,..--. ... - ~. ,... ... \ I " _ '_ '_ '~ '. " " , ' t 'I Ll t9 OJ.J'' .' ," , , " ,I.' I I ' .' ': -. " - -~", ,', . ", " 1 !':' o. T-hangar Building - O'Neil is gathering information on the need and feasibility of building more hangar space. He stated there is increasing interest from aircraft owners for more hangar space. Several aircraft owners have contacted him. Most of the interest has been for T-hangars as opposed to multi-aircraft hangars. Some of those interested indicated they would sign a lease to show commitment to the project before it is built. d. Equipment maintenanoe servioe - Ockenfels expressed concern over the costs charged to the Airport by the Equipment Division. The labor charges per hour are the same or more than going to a private garage. He was particularly concerned about a $ 100.00 charge for an oil change for the Airport pickup truck. Blum said that the service should be looked at in conjunction with all the ,city services provided. Some can be provided more economically than others and the Commission should be careful about choosing only those that are less expensive than can be provided by the private sector. Ockenfels will meet with the Equipment Division manager or Assistant city Manager to discuss how the charges are assessed. Ockenfels met with the pilots of the Stearman Speedmail bi-planes that were in Iowa city on September 2. He was impressed with the 1930's vintage aircraft and had an opportunity to talk with the pilots about the trip from ,Nevada and California. He will contact the pilot from California when he is in San Diego next month. COMMISSION MEMBERS' REPORT: ! II ,/ II: I; 'I,ll':' :: . ,'; " ii :.: 1 .; I II 1 I I , ,I II'" ,: i Ii Ii il ;1 i! I, CHAIRPERSON'S REPORT: Ockenfels sent a reply to the FAA concerning an airspace study which showed that the proposed Menards building would be considered an obstruction to the transition zone for Runway 06. He thought Menards was going to revise their building plan to eliminate the obstruction. Blum said that in spite of the terrible weather, there were still several hundred people at the fly-in breakfast on August 29. Most of the events were canceled but the radio-controlled aircraft owners were able to fly later in the morning. He said Sertoma would like to reschedule the same show next year. Horan attended the Aviation Day at Newton but many of the events were rained out. ADMINISTRATIVE REPORT: O'Neil said he provided an information packet to the city council concerning the Airport Feasibility study. It is the same information that was given to the Commission last month. O'Neil stated that the Menards issue seems to be resolved. The building was redesigned to eliminate the FAA Objections. , " d dlq~o ,"" .. , ' , I if ,'.::' <, \1. I.-,j ~'i 'I,' i , , , ---~ -~... ~ -I... .. -- ~... . ~. .,.- --- , , , ,. .' , :'. ,', t71' ,LI.. , t " ,,"::1 ,\ ' . " '. .,', , ' {I,." t, " I . '. ." _. ,... . : -. '. i ;' \ '-, {- <::e:o ,0.:::::_____._._ --..-*.-.-. The Council Candidate workshop is scheduled for October 6, 1993. Several Commission members indicated they will attend. O'Neil said the issue of a T-hangar policy and hangar lease has not been resolved. Jones, from lCFS, will provide O'Neil with a copy of the lease he would like to use before the next Commission meeting. The Central Region AlP Conference is scheduled for October 29, 1993. Blum, Foster, Ockenfels, O'Neil, and Horan indicated an interest in going. O'Neil will make the necessary arrangements. SET NEXT REGULAR MEETING: The next regular meeting was set for October 14, 1993, at 5:30 p.m. ADJOURNMENT: Foster moved to adjourn the meeting at 7:17 p.m. Blum seconded the motion and the meeting was adjourned. ,::,,/<","v' ,;',,"":""'""~"'''-'''''' -. _011 q~ --...._....n....... '-"-\''''" '~ .,..... , \\1 ; .......,...,.,...... -----.::-. M I " I I ! r ;' , , !. I ,i Ii II ,I " II Ii .\1 : il I I _II j: ~ \ 1',' . ~' . !i: ~; I, J 't; , , Ii 'i " ~ I,! . ',' ~ ,,' I'.,,' ,I' ;i , ! " I '-;1' , , 'I " , " , , , : y,1 " ""'I/f""" --- --'" ---.... -~-... ~ ..~.I....... \:2\ ())~ ~ ...........-... --- "'ff . ....~. , , , (, fl ,: /:(: -' f-i" !~t ." " ' , :'_ _4' . . _ '1'. ' " 4 .I ;;.-\ " ,{. . "."'-- ~- ' ---.-.-- -- MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 21, 1993 ROBERT A LEE COMMUNITY RECREATION CENTER - ROOM A MEMBERS PRESENT: BENJAMIN J MOORE, ROGER J REILLY, PAUL EGLI (Arrived at 8:15 AM), JAMES L HARRIS, CHARLES EASTHAM MEMBERS ABSENT: ROBIN PAETZOLD-DURUMERIC, JACK MCMAHON STAFF PRESENT: MARIANNE MILKMAN, STEVE NASBY, STEVE LONG, RON HENDERSON, DOUG BOOTHROY, SECRETARY VIRGINIA STROUD MEETING TO OROER: Meeting was called to order at 8:05 AM by Chairperson Moore. MINUTES: Motion to approve the Minutes of August 10, 1993, was made by Eastham, seconded by Harris, carried 4-0. Affirmative roll call vote unanimous: Eastham, Harris, Moore, Reilly. CD HOUSING UPOATE - MILKMAN Milkman introduced Steve Long, a new employee, who was hired for the position vacated by Marci Lindsey. Milkman stated CDBG has received $175,000.00 from FEMA for flood victims. Council will vote this week to use the money for housing assistance for low income families. Some specific areas affected in Iowa City are aaculie, Thatcher and Towncrest mobile home parks, the Showers Eetates and the Normandy and Taft speedway areas. When homes are located in the flood plain, the Ordinance requires that structures be elevated and on permanent foundations if the cost to repair the damage is more than 50\ of the value of the property. FEMA will buy those properties that have more than 50\ lost value, demolish the structure and will then donate the land to the City but the City must leave the space aq a green space. Milkman stated more land needs to be identified for mobile homes because all existing lots are full. Milkman stated the I Street house that was moved is near completion. closing will be in next two weeks. - CHAS Discussion Milkman stated the CHAS will need to add something about mobile homes and flood repair because federal monies are being spent. An appendix, which will include citizen comments, will also be included. Milkman stated additional areas nesd to be zoned for mobile home housing and multifamily housing. Milkman stated the issue of the community attitude to establish affordable housing for low-income families becomes a "red flag" for Not-In-My-Back-Yard (NIMaYI and will come up oftsn. Housing Commission members suggested that the fear of drug and gang problems may not be as severe as is perceived. Problem areas need to bs documented so that it can be shown that over 800 units are q" .."."~- ________ I \ ..--- .- i I I i I I ;'1 i i , j'l 'I ,I Ii " I " 'Ii - ,I . Ii: " I !.1.. I I I ,: 'I ,I ri , "I".' , ,I' I, ',L . , .. ,.." , :1 cJ-19~..I .,. I I I ; , I " ;' , ! i '.'j .--....,.....,...." -- . ~--- , . , ' ' -' - 't-/" /- , ; , " ' , ,', , j' , , , , , ' . to.- - l' " .:' t L ',,/- ~ ,J", " ", ., , , / /,...... " 1 ..... .~.' . I '. -....-:---...---,-~... PAGE 2 MINUTES IOWA CITY HOUSING AUTHORITY SEPTEMBER 21, 1993 receiving rental assistance throughout Johnson County without problems. Eastham complimented the staff for the draft CHAS, Egli agreed. Milkman stated the public comment period starts October 11/ 1993/ and any comments should be directed to Planning & Community Development. Council will hold a Public Hearing on October 26/ 1993/ and then will approve the CHAS at their next meeting on November 9, 1993. CCN Report - Egli No regular meeting was held. September 22, 1993. Next CCN meeting is scheduled for HOUSING AUTHORITY REPORT - HENDERSON '- UPDATES Section a and Public Housing: Henderson stated vacant units have been added to bottom of statistics list as requested. All 20 units have been purchased for the acquisition project and an amended budget has been submitted to increase the award to $1.7 million to allow for inflation and increased purchase price costs. Henderson discussed the number of Certificates/Vouchers available. Issuing stopped in April and has started again in September. This method controls the work load activity yet maintains occupancy at 100\ year to date. Staff does half a year's work during the three summer months. Report on FSS Program: This project has currently fallen to a lower priority. Report of Activity on FMR Reduction: Voter/Consumer Research has been contracted with to do an FHR study. They need to get responses from 200 people that have moved within the last 18 months. They are at the caii back point now and should be done in the next two weeks. Report of Public Hearings on Applications: Public Hearing was held for the S(h) Conversion Plan and there were no public comments. - Diecussion of Utility Aliowances Henderson reviewed the procedure by which the proposed utility allowances were arrived at: HUD Handbook, rate sheets for Iowa- Illinois and City of Iowa City, average consumption for different appliances, Home Energy Savers Manual, and other information from local consumption studies and utility providers. Eastham expressed his concerns: 1) how proposed figures were arrived at should be based on survey of actual experiences, 2) proposed change allows levels above Fair Market Rent and they should stay within the limits, J) no change ';.";:.'-;';"'.:.""-,,...,.,..;...,,.,~.. . ---'~" --- ~ , !' " i I; I: I I I OJ../9d-1 ~'-"..-. ;. '.l I I I I I Ii II " II I I!: If Ii, I;. U L "f '. i Ii' 1 I :' :1 Ii , " " . II I '\" I I, .il 'I I, , , i i i ,.j{- , .' " '" " " - ~----- ..... ~"'"' -----...-~ ~-- ~ ;,'..... --- - - ---....... ,-, '_~"''''''~'''''~,;T . ' .'" , - '," L-l 1:-"1 t' l I' '. ' ",,',' " 1" 7-/'"1 '~,' ",:-' I~ _. , '_ ,_' / /J . \." .~. "-:"---- -- ------:.::...-- --, PACE 3 MINUTES IOWA CITY HOUSING AUTHORITY SEPTEMBER 21, 1993 in allowances since 19a7 causes magnitude of problems along with FHa reductions by HUD. In addition Eastham stated nsw allowances should be phased in over a period of time. Moore statsd he was against doing an additional survey and that an overall average should count. Harris stated the proposed allowances impact the number of units available to the program and a survey of units within the program should be done. Henderson stated that once Housing Commission makes recommendation, it goes to City Council then to HUD for approval. A motion was made by Moore to recommend to Council to approve the Utility Allowances as presented by staff, seconded by Egli, motion defeated on a vote 3-2, roll call vote affirmative: Moore, Egli, against: Reilly, Harris, Eastham. Henderson stated he would like definition from Housing Commission members on methodology to use to determine Utility Allowances. -Remainder of Discussion itsms to be discussed at next regular meeting on October 12, 1993. ADJOURNMENT: Motion for adjournment at 9:40 AM was made Moore, seconded by Reilly, carried 5-0. Affirmative roll call vote unanimous: Moore, Reilly, Egli, Eastham, Harris. APPROVED BY: BENJAMIN J MOORE, CHAIRPERSON HC9-93 ~\~ ," .:,,'~ ".,~....,.."... ."..' .- .......~-~.'-.. "".' ,', ....."..."....,... .'.....t....,;"..,.. " ---. -- . i I I , i :\ i I ,i ld 1:1 'II II I, " " II " " , "" :Ii' ;\ I. 1 I \ " 1 .' L . \, ..;: p " ~ I" ';.lr;' " i I, .'.'f. "':;"'...:.,1.' 'q,,' : ,"i" ,\):".\};." " ,ft, ;::{ "",,;. ',', I. 021'1~ I Ii i: 1 , , , , .. ._~u...~ ... ,\';;,'-l',..~' ''''''''''-''''fI("'. i' i , ) ; , ";'i --~-- ~ --...,~. ~\ I)f , -"""-'., ...- ...-;-~- -~ --. -....- -------- r -.... '\-- ,..----..--.. ~....,...---.. .-........ -- ---.- ~-~- '. , . " '-' -...... " ,; " ,'t';"'l' 1;'1' t-,:, ;;t' . " :' , " -, - " .. , . " I . , ' 'll. ...:-. "',, _.' .\, ,.". " . // 1,"\ , 1 L ---..... .-- MINUTES DESIGN REVIEW COMMITTEE SEPTEMBER 20. 1993 - 4:00 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM ;1 ~',... ,r .,.... ,..'.'.: "1,,;,\... ::, ;.'t 1-" .';.~..",1.'7~.h , " " I' {".",' ."1 /' \ -'.' :, I, I,,';.::,::~. ./ . .... , . '.' MEMBERS PRESENT: Gary Nagle. William Nowysz, Gordana Pavlovic, Clara Swan, Craig Welt MEMBERS ABSENT: Alan Mack, Kim Merker. Don Simak STAFF PRESENT: Krippner, Schoon GUESTS PRESENT: Heather Pitzal, Daily Iowan CALL TO ORDER: Chairperson Pavlovic called the meeting to order at 4:09 p.m. Ii 1\: I. ' Ii d; I! n CONSIDERATION OF THE MINUTES OF THE AUGUST 23. 1993. MEETING: Welt movad to approve the minutes of tha August 23, 1993, meeting. Swan seconded. Motion carriad 5-0. DISCUSS THE CONCEPT OF SIDEWALK CAFES IN THE DOWNTOWN AREA: , , " I I Schoon revlewad the City Plaza Ordinance that was provided In the agenda packet. Schoon asked If the Committee felt there was a need to amend the ordinance. Swan stated sha felt It was unnecessary to amand tha ordinance. Swan said it would be bettar to focus on the Committae's purposa. Walt asked if rulas about providing alcohol hlndarad sidewalk cafas. Schoon said serving alcohol is permissible In a sidewalk cafe as long as the area is also designated as an outdoor service araa. Nowysz said the raquired 8 foot walkway seemed to present a problem. Pavlovic revlawad the origin's of this discussion. She said overall the Committee wantad to encourage sidewalk cafes and Investlgata the reasons why none have devaloped downtown. Pavlovic asked the Committee how they felt about pursuing the idea. Swan said City Council is not In a position to give this issue any attention. Nowysz statad it seemed sidewalk cafes did not devalop dua to either the restrictions or the cost of renting the spa ca. Schoon said no fae structure presently exists since no one has ever applied for a sidewalk cafa permit. j:i. , " ; , " . I " i , j , r I I! ;~ " The Committee continued to discuss ways of working with the 8 foot walkway rule. Nagla suggestad surveying restaurant owners. Nowysz suggested sending a copy of the ordinance to all downtown restaurant owners with a skatch of their potential sidewalk cafe slta. Schoon dlscussad the tima nacessary for approval of a sldawalk cafe permit. He stated it could potentially taka a couple of months. Swan supported Nowysz's Idea to entice rastaurant owners Into considering sidewalk cafes. but she suggasted we send a letter to rastaurant owners outlining the regulation of sidewalk cafes. Schoon said he would investigate the fee schedule and writa the lettar to restaurant owners. DISCUSSION OF COMMITTEE MEMBERS' CONTACTS WITH DOWNTOWN BUSINESS '. ,".,' cXlq4 '...~ I !' " " 'IIfIr" - - 'III:l-_C ~"'~..-I....---~-- .............--... -.....- -,~- .......,..... .... -~. ~-...-.--- \ I' ,,', ' ',', ' " ,,':- >, fl l;/, H/~',;'" ' i, " " _.! _I' _. , .. / " , , 1 I, ": Design Roview Committee Saptember 20. 1993 Page 2 OWNERS AND PROPERTY OWNERS: Pavlovic announced that Alan Mack has resigned from the Committee and William Nowysz has replaced Mack on the subcommittee. Swan statad sha felt a presentation to the Downtown Association would improve contact with downtown business and property owners. Sha explained that the whole purpose of making these contacts was to avaluata the role of the Design Review Committaa. Pavlovic stated she felt tha Committae's purpose Is to presarva tha textura and flavor of downtown Iowa City while still allowing innovative changes. The Committae discussed how to accomplish this aim. pavlovic stated she felt the Committae has a negative image in the community. Schoon said comments made during the reviaw should focus on how the proposed change fits in tha downtown. Nowysz maintained that design reviaw is a delicate process and that thera should be a committee guideline about how one gives positive criticism. He suggested implementing some basic review standards. Craig Welt left at 5:16 p.m. Nagle reminded the Committee that ultimately City Council decidas on design changes. Nagle statad he felt the Committea's geographic focus should axpand to all of the downtown. Schoon said tha Committee's pravious territory was just tha plaza but that the Commlttea has discussad in tha past about including all of the CB-l0 Zone. Nagla commented that business owners probably feel tha Committee wants to regulate them. Swan added that its Important to be sensitive to the needs of the business community blJt ideally, the Committee's role would protect. not regulate businesses. Pavlovic explained with the support of the Downtown Association, the Committee could approach City Council with ideas for expanding the Committee's role. Nowysz commentad that the Committae's function of monitoring design in the long-term is very important because of the high rate of turnover In the downtown businesses. pavlovic estimatad it would taka six months for the Committee to raview and craft its future role and present the Idea to City Council. COMMITTEE DISCUSSION: Nagle asked If a latar meeting time would encourage batter attendance. Nowysz statad that the current meeting time Is better for people presenting dasign changes. Pavlovic' stressad the Importance of attandance and said she was open to Ideas. Swan suggestad, with the agreement of avaryone present. that the meatings begin promptly and members speak concisely. PUBLIC DISCUSSION: Thara was none. 02 (~4 ".. ",' ,__ At -"'" i , ' , I I, !' ~ ,I , \: II 1 ;i II I I Ii I" , j' , " i " /'" . J , I ,I ,,' i' r: , I , I, I :1 , I r ! I I : :i ;.:" I,' , , , ,I , ...L ~ ",. '. . ').., ..'li ';'[1 ,j'" '" :'( . :':(1' /, ','; \, ':t ;,: ;:.,.~ " " ....... ~~ ---....- ,. ~....- ~ -, -- ---- ~,_.,_..... --~--... \ I;. '~-l' ',U 't:i',t.t' ,'. " ,..I . "I.' " _~. ' . . ' ~ I , - \..,' .'.' / !~\, , { ~~:-_~~~_., ......-.---- --- -', .--"", " Dasign Review Committee Septamber 20, 1993 Page 3 ADJOURNMENT: I I 1 " I Chairperson Pavlovic adjourned the meeting at 6:40 p.m. Minutes submitted by Kerstin Krlppnar. ppdodmlnlmlnolORV9.20 I , I I , I .i :-1 l._..""" "'. I".."...,',',',',',',;',.,,',',',' '" ,:,:"'n:-,:", j I' I 1 ''-.,.'',;- , "..,_.._n.~I~~_,,_. , I , ) I I I , I i , I Ii. I'! II II II ,I il'- '. 'II:, II ,f'" : I, I' -I.'., \'! " ~") Il)VJ , '. '~'" ----...~--- . I, ' ' ,,' " , " , " " ',t-l' n 14 f"':'l" ,,", ' . t-. t. , ". ' , " 'I,',' " ' , .. , ~ " J _.'" I '., ~., ., ".' , / . ;'/'\ , ., , .I (, -'--.. MINUTES DESIGN REVIEW COMMITTEE OCTOBER 18, 1993 .4:00 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Gary Nagle, William Nowysz, Gordana Pavlovic, Don Sinek, Craig Welt MEMBERS ABSENT: Kim Merker, Clara Swan STAFF PRESENT: GUESTS PRESENT: Franklin, Laufenberg, Schoon None CALL TO ORDER: Chairperson Pavlovic called the meeting to order at 4:09 p.m. CONSIDERATION OF THE MINUTES OF THE SEPTEMBER 20. 1993. MEETING: Nagle was concerned that the discussion of a different meeting tima for the Committee was not fully rasolvad at the Septamber 20 meating and wondered if additional discussion could taka place. Pavlovic suggestad that additional commants ragarding this issue be made during tha Committee discussion portion of today's (October 18) maeting. Sinek moved to approva tha minutes of the Saptember 20,1993, meeting. Walt seconded. Motion carriad 4-1 with Nagle voting no. DISCUSS COMMITTEE MEMBERS' CONTACTS WITH DOWNTOWN BUSINESS OWNERS AND PROPERTY OWNERS: Pavlovic stated that she and Clara Swan attempted to meet as a subcommittee with the Downtown Association (DT Al to discuss the Issue of contacting downtown business ownars, but was unsuccessful due to a time factor within tha DTA's meeting aganda. The subcommit. tee racommendad that the Dasign Reviaw Committaa make a prasentation to the DT A Board of Directors at the Board's October 26, 1993, maeting. pavlovic proposad that she and two other members go' to the October 26 meeting as a subcommittee to maka the presentation. Nagla statad that he could not go on the 26th due to prior engagaments. Bill Nowysz could probably go but would let Schoon know for sure. Welt and Sinek agraed to go If neaded. pavlovic stated that she would like to meet for ona.half hour on Monday the 25th for praparation. Schoon agreed to organiza the prepatory meeting. REVIEW NEAR SOUTHSIDE STREETSCAPE PLAN: Chairperson Pavlovic Introducad Karin Franklin, Director of Planning and Community Devalopment. Franklin presentad Information on streetscape options for tha Near Southslde ' Radavalopment Area. Sketchas and pictures were presented at tha meeting. Franklin stated that it was Important to make this area pedestrian friendly. Franklin reviewed soma of the design elemanlS that wera being considered for tha public rlght-of.way such as dlffarent colored paving, taxturas and concrate banding as wall as vegetation. Franklin stated that as cX( q~ I , , i I i, Iii I , , I I I :! Ii Iii r I , " , I .. { I " , . , i, I I i' ! '~ I r , , !j , I i , , I i, i i II', I' I , , " 'I " "'11("1" ~ - "1----'" --:--~..... '4 ..-'.......- - , , , , , , I; " cl"" L/,:,FI'" ;I't ",' ;,'," "~ ',. r I. . :, l; .,1""\~'" . .~',',', Design Raview Committee Octo bar 18, 1993 Page 2 suggestad by the consultant, the ovarhead lighting was tha alement that would tie the area together and create a sense of continuity. Franklin said there wara many issues to be resolvad with the lighting, such as style, maintenance, height, and costs. Nagla asked why the lighting contained in City Plaza could not ba used in the Near Southside area. Franklin said that the City Plaza lighting was not being considared becausa it was somewhat dated. Franklin said that a shapherd's crook design is one that may be considerad for tha overhead lighting. Pavlovic stated that she liked tha shepherd's crook design. Nagla said he didn't like the inconsistency that would be created if design alaments from other araas wera not carried over to the Near Southside araa. Nagla said he was concarned that inconsistencias would create distinct areas of town and thera would not be a sense of continUity. Welt asked Franklin if there was a ten-yaar plan for design considerations in the downtown araa. Franklin stated that thare wasn't such a plan per se and that the Near Souths ide naighborhood was being considered because it is an area that has been targeted for radevalopment. Franklin agraed that there needed to ba a sanse of continuation but questioned the Commiltae if we can continua to usa the same dated designs. Nagle said that the older dasigns could ba modified to provida the continuity. Pavlovic statad that she thought tha straat lighting should ba the thread that tias areas together but araas should not be exactly tha same. Pavlovic said she likes diversity In different parts of town. Nagle said that design details should ba the same but maybe a diffarent taxture of material could be used. Sinak statad that designs that are picked don't always structurally work out once the elemant is placad In tha area. Nowysz stated that he was not in favor of haavily detailed lighting fixtures and was in favor of a more modern theme that would still convay a sansa of tha city's history. Franklin thanked the Committea for their commants and said sha would keap the Committee postad on the progress of tha project. ; , , . I I I:: Ii " w I' Ii, I " if tl, I: H I;' " " ~ " i 'i I , ,I II I iI ,~ REVIEW PROGRAM DIVISION STATEMENT: Schoon stated that the City has begun tha FY95 budget process, and that Included in the Committaa packet is the Program Division Statement for the Design Review Committae. Schoon also stated that tha statement is the same as last yaar's except for tha addition of statements regarding the praparation of a booklet illustrating good urban design concapts. Schoon then presented copies of other design booklets from other organizations. Schoon then asked for any comments. Sinek askad who would be using tha booklet and how would they be distributed. Schoon gava the example of the historic preservation booklet which is availabla at the Planning Department, through an initial mailing and at the Building Department. Sinek than asked what would ba tha demand, what would it provida and would thera by any use for such a booklat. Welt statad that he didn't think there was a need for the bookiat unless the powers of the Design Review Commlttea were enhanced. Schoon than brought up the element of time, saying that if the Committee thought its powers may be changed, the time for requesting monay for the booklet may be during the FY96 budget process. Pavlovic said she thought the booklet was a good idea and a good way to aducata the public. Walt statad that the Committea needed to formulate design standards, but mora authority would be needed to implament them. Nagle agraed. Schoon agreed with Welt and Nagle saying that the I ,i rX(q~ ---~ 11II - ':1 ", , :'j /1 ---;:--'"W\- " '.,', ~'~t-/: ,I~", l'".t! ", :' : ' " I ' ,I" ' , I:, _.... ". ,,'. ._..,. . / I /''1 .I ' '~" t , '-- , -. -- -------- --.-" '--- Design Review Commiltea October 18, 1993 Page 3 Committee neads to hava a batter understanding of Its futura direction sinca it would be hard to request monay for a booklet and not know what Information would be contained In tha booklat. Pavlovic summarized tha discussion by stating that the consensus of tha Committee was to not raquest funds at this time for an urban design booklet. SIDEWALK CAFES: Schoon stated that lettars wera sent recantly io all of tha restaurant owners/managers on the City Plaza raquesting Information regarding their Intarest In establishing a plaza cafe. Schoon said that as of the time of tha meeting no responses hava bean received. COMMITTEE DISCUSSION: Nagle suggested to tha Committee that It reconsider the meating time due to absences of various Committee mambers, as well as Commlttea members leaving early. Schoon statad that If the lima Is okay with most membars, then Ifshould stay tha same. The consensus of the Committee members present was to continue to meet at the same time. Schoon stated that he Included in the Committea's packet an article on aesthetics and commercial districts for Committee review. Nagle asked what the Committaa needs to do to expand its authority. Welt said that the subcommlttae needs to daflne the Design Review Committae's territory and standards and then the Committee needs to maka a racommenda. tlon to City Council. PUBLIC DISCUSSION: There was nona. ADJOURNMENT: Chairperson Pavlovic adjourned the meeting at 5:19 p.m. Minutes submitted by Matt Laufenberg. ppd_\rrIn,Idl.,D-18 '-~'''''''''<i(.",:.",\, ":;".,, ,.'. 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