HomeMy WebLinkAbout1994-06-14 Bd Comm minutes
',' "
~'
; ..
ot"l
, ,,~
". ,
..C'"
(\)1
.
: I I
! I
i!
I I
I I
1'b.1
I. ,
I' I
!,I )
~ \..
,'\";-,' .
,
'~t_:'"
!~".~'
:),\\[i$i,l"",
lito;"
"",.,1",.,
_'.""'.1
(-- 0
\' ;
~
.
"l'
'0''.'1,',
, ~ ,c ..
"
:~,
. 'j"
".
.
.::~..,~..~-~: .
" ' - - . . . ,
.. ~..__ ... __<, .'" " ,','l:."_.~ \C.'.,... ~__'~, ,l", ..",C ''''._.,..:.~~,,~,-, >~ ,....~ "0, C"'_;'_A__'_. ". . .
ro'
.,,--..-<...- .... ....~-,---"'--....,'
.
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
MAY 11, 1994 - 4:30 P.M.
IOWA CITY CIVIC CENTER COUNCIL CHAMBERS
I' ""7>1<"'" l"~"
't." ~.I",:' \,;,\" !1<~ ~~y
...,1' 1.,1' \:1
!' .:.::..&~\~~m~ ~~
f. ~~.
, "UiJJilCt to Approval,
MEMBERS PRESENT:
Patricia Eckhardt, Bill Haigh, Tim Lehman, Catherine Johnson,
Rich Vogelzang ,
MEMBERS ABSENT:
None
STAFF PRESENT:
Bormann, Rockwell, Denney
OTHERS PRESENT:
Pauf Bowers, Joe Holland, Weldon Decker, Michael Brenneman,
Frank Fleming, Michael Lensing
CALL TO ORDER:
Chairperson Vogelzang, called the meeting to order at 4:37 p.m.
CONSIDERATION OF THE MINUTES OF THE APRIL 13, 1994, MEETING:
Haigh moved and Lehman seconded the motion to approve the minutes of the April 13, 1994,
meeting. The motion carried 4-0.
SPECIAL EXCEPTION ITEMS:
1. EXC94-0007. Public hearing on a request submitted by First Mennonite Church for a
special exception to expand a religious institution in the RS-8 zone, and a special
exception to permit a yard modification for property located at 405 Myrtle Avenue.
Rockwell gave the staff report. She noted that this item had been deferred from the
April 13, 1994, meeting, because the Board did not have a complete application to
evaluate. The request was for the construction of a two story classroom and offices
and constituted an enlargement- of a use permitted only by special exception. She
stated the applicant had also applied for a yard modification to place the classroom
closer to the east property line than is permitted by ordinance.
Rockwell said a religious institution in an RS-8 zone may expand provided it meets
certain additional regulations. She said one of the regulations is the site must be at
least 40,000 square feet in size. Rockwell said the site of the First Mennonite Church
is 3.7 acres, well above the site size requirement.
Rockwell said another requirement is that the religious institution must have access to
a street that is either an arterial or a street that has a pavement width wider than 28
feet. She said in this case, Myrtle Avenue and Greenwood Drive have a pavement
width of only 25 feet and neither one is considered an arterial street. She said an
amendment to this part of the Zoning Ordinance has been submitted to the City
Council to allow religious institutions to be located on arterial or collector streets, or
on streets with a pavement width over 28 feet. She noted that both staff and the
:-,!
J '17 ~ '
,-"~
j""-, '''','' """"''',',:'''' "'"''','''''
1 "'.'" "" '.
.'--, .,
;:,.> "Y'.:'.. ..', '
,..':,...."....\.,' ''''''','l'
i5'
D,...,., i
uO
-~
-
, .
,0"
"':,1,,",
\,
:::~~:
,\
.\' j
',~
"
. ~ t: I't '
, .
'" ..
"
,
.'.'
".
.
,.'
..-.-.:-..--.-......,..."
.
. _.. _."'H 'd'."..,.,_.....,.......,..~,",."'.,."..'~ "-,'...:",
Board of Adjustment
May 11, 1994
Page 2
Planning and Zoning Commission have recommended approval of the amendment.
Rockwell stated the City Transportation Planner has also determined it is appropriate
for a collector street to circulate the amount of traffic generated by a church.
Rockwell said the Board's approval of the exception still relied on the Council's
approval of this amendment to the Ordinance.
Rockwell stated the third requirement for the exception was that the building must be
set back from the property line two feet of horizontal distance for each foot of building
height measured from the nearest lot line to the nearest point from which the height
is measured. She said the classroom addition is proposed to be 25 feet from the east
property line which would require a setback of 50 feet. Rockwell said there would be
a 25 foot encroachment into the required yard, but the qualitative effect would be
lessened by the proposed 89 foot setback from Myrtle Avenue.
Rockwell stated in this case the peculiarity of the property pertains to the topography.
The property slopes from the northeast down toward a drainage way along the south
boundary of the property. She stated the addition is best located on the higher ground
on the east side of the existing building as the applicant has proposed.
.""-
1.
J'~~"~
( \
\)
\
f~
ii'
Rockwell stated the exception, if granted, would not increase population densities or
affect the use of municipal facilities. She said there would not be a substantial change
or detriment to the character of the neighborhood produced by the exception; the
addition should be architecturally compatible with the existing church structure and the
setback makes the impact negligible on the neighborhood's overall sense of light, air,
and open space, Rockwell said according to the applicant, there will be no increase
in the size of the congregation, because the size of the sanctuary itself would not be
increased. She noted there may be some increase in use of the facilities during the
week, but the amount of traffic generated at anyone time should not increase as a
result of the classroom addition.
I ~
Rockwell said staff also considered whether there is a feasible alternative in lieu of the
exception. She noted the church could put the classroom and office additions in a
detached building elsewhere on the property, but this may be problematic with the wet
soils and drainage at lower elevations. She stated that staff believes overall the
interests of justice will be served in granting the request. She said in looking at the
special exception standards 2 and 3, the addition should have minimal impact on
adjacent properties and should not prevent other development that is already permitted
in the RS.8 zone.
I
I'
, I
: i
, I
! I~:~
1('
,~~
,it,,',',~','
/~m
i~(;
L. <
Rockwell noted access for the church onto Greenwood Drive and Myrtle Avenue is
appropriate in this case, because no parking is allowed on either street. She said the
sight distance at the middle entrance is not optimal, but this should not be a problem
because peak traffic times at the church correspond with times of expected low traffic
flow on the adjacent streets. She said the Zoning Ordinance amendment to allow
religious institution access on collector streets must be approved by Council, and noted
Council had set the public hearing for this item on May 24, 1994. Under expedited
consideration, approval of the amendment could occur by June 7, 1994.
I,!
ILl 1 ~
"
\
~C-'o"".~~.~~~"
. "\"~ -,
()
~']"
. ,
-"'.0.".'.'
.W". _
- ..
-
...'.1'."...
OJ r;.
, " ~J,
80:"'i"...
. W "
,. '. ""'~.,'" I
~~;,'_~':r":"" '
," , .. ~ ,
'.'.
I.,
...~;:;_.....
, ,
:'-,
,I \::
Board of Adjustment
May 11, 1994
Page 3
Staff recommended that EXC94-0007, a special exception to permit the expansion of
a religious institution, that is, the construction of a two story classroom and office
addition on the east side of the existing First Mennonite Church, be approved, and a
special exception to permit a 25-foot reduction in the setback requirement along the
east property line for the length of the proposed classroom addition be approved for
property located in the RS.8 zone at 405 Myrtle Avenue, subject to Council approval
of a Zoning Ordinance amendment to permit religious institutions in the RS-S zone to
access collector streets, and subject to compliance with the City's off-street parking
regulations. She noted the RS-S zone did not exempt religious institutions from
compliance with City parking regulations,
\ :,
Eckhardt asked why the parking lot was not in compliance. Rockwell said the church
lot has enough parking spaces and there is room for providing handicapped-accessible
spaces, but it does not meet the tree planting requirements and needs other small
adjustments like striping. She said these changes should not be difficult to accom-
plish, but the condition that the church comply with the parking regulations should be
on record as part of the special exception approval.
"
,
.!
._h ."
i
I
,
I
i
Lehman asked if City staff had heard from adjacent property owners. Rockwell stat"ed
staff had heard from Frank Fleming, who owns the property immediately to the east.
Fleming had expressed his desire to rezone his property for multi-family residential
uses. She noted a multi-family rezoning would be unlikely considering Fleming's lots
were in the middle of an RS-8 zone. Lehman asked if this addition will affect Fleming's
chances of getting his property rezoned. Rockwell said she didn't think the Board
should consider this, because the standard is whether or not the exception will affect
development that is permitted in the existing zone. Bormann agreed and said the
Board should consider whether the addition will adversely affect Fleming's ability to
develop under current zoning. The Board should not consider whether it will affect
Fleming's ability to rezone, because he doesn't have a pending application to rezone.
'"
',:
: ~.
i
I
Lehman asked about the general standards under #2 where it discusses lots adjacent
to the addition. He noted the report says these lots are not likely to be redeveloped
and, looking down the road, he wondered if the addition would affect the residential
development. ,Rockwell responded the properties are in an RS-8 zone directly across
the street from an RS-5 zone, a strictly single-family residential zone. She noted the
type of development allowed in the RS.8 zone should not be affected by the proposed
church addition.
I~-:"t"'!
(I
r'"~l',":
, ,
\,
....,
,"
r'-,f'.:
,;.
" .
/':v.
I'
I
I ~
I
1
I
AI
if
,~"~-
~,
Iq7~
'I'
" . .' .
'Ii.:..'.... .
,I', .....'.j''.:,,'
~'
",-','
,", .
" .,'....
.' . .
,,,,. /)~,~'~..~:
~""'"'I~'~"'''''''''''''<""''''''''''''''''''''''''''"'''''''''I'':T'''~~'7,,' 'I" " I.r.:,
.....,.!,:~':~.'~,..-\' "<;:'~'. .i.:\ ","'::;,::;"~':'~,,,:< \;/i{:lr;~;::.~;.:.".;::,"'-,,::\.' '"'.' '" '.', "''':' "..' ',.t':> ',;'>:';'-.:1 0': ~},;
:.J.. ,...,.:,:.)).I.~,\, ""Ut"".']' ", .:',,", ,':""'''';',''... . ,,:~}'5" ~.. " ,!
,.!!:,.:,.~',-' -,.',' -1- ',I '.' ". .' ,,,.pi I, ,1:~~\\:.:':,I:,~:.;:f:;,;::,':"I.\':.">-'I'-:'....'.,,'" . \, , ....",., ':~:,'.f: :'<:':;"";;"i:,:;~...i...:~':: lA'
- ~. IlI1 ~~_nJ.i.~,l .~~~..J_lf.dl
;"1"','" . ,.,....,....,."
.;. ..'
. ,;\ "-
_3
"
....-......~
',c"'- '
'I If: ~', ,':
I'
I . '.:
! Ii,....
.-1
';
I II
I !II
! I I
: I '
, I
I I I
l r~ It
"",i '
,:\'v-' ,
(~
: 0
;\.' -.-
"Lf1 ~
'.d. ""1'"",,,... a "i
.. ,5' uD,
\,
" ,
~
,
, ..
. ," ~t\ ~ i'
" ,I'..
'., ..
.....
"..1
,
".
.
:.""
. . . . .
. ..__..,.._._,^,."..,_ ':""'-'~. ^..........,.__...~_ ,_".._'~'h_'" ..v..~....'___ _
Board of Adjustment
May 11, 1994
Page 4
PUBLIC DISCUSSION:
Michael Brenneman. attornev. stated he is a member of the First Mennonite Church.
He noted his agreement with the staff's recommendation. He noted that he, the
architect, and other church members were at the meeting to answer any questions the '
Board might have. He encouraged the Board to rule in favor of the requested
exceptions.
Paul Bowers. 704 Whitnev Avenue, said he is also a member of the church. He said
the site plan has been approved by the City Building Department.
Johnson asked if the widening of the driveway will force them to cut down a tree,
because she had noticed one cut down as she drove by. Bowers said no, the tree that
was cut was in the middle of the building the church planned to construct. He noted
the tree they were to plant .was on the east side of the drive, and they hated to take
down the tree they did.
Frank Fleminq. 2786 N. Libertv Road. North Libertv, said he was the property owner
the Board had discussed earlier. He said he wasn't sure about the legal standards, but
he believed that notice was to be given and that, as of 7:30 p.m. the previous night,
Dale Hack, Ben Stevenson, Bob Weber, Chris Klymer, and himself--none of the people
on the property owners list submitted by the church--had received written notices.
Fleming said he was fortunate enough to wander by the site last Friday and see the
notice posted on the property.
Fleming said additionally, the church had already started construction. He was glad
to know Johnson had gone by the property to see that the church had taken out a
beautiful hardwood tree already. He said they had done demolition work on the church
as it stands and were well on their way to doing construction. He said he has friends
and a person he works with very closely who are members of the church, and no one
had mentioned anything about the new church addition to him. He pointed to
Brenneman's appeal to the Board that stated the property owners to the east had no
objections when, in fact, the last contact he had with the church was last football
season. He didn't feel the church had made any effort to work with him on the
project. In fact, he felt they had gone to great efforts not to inform him.
Fleming said the appeal submitted by Brenneman represented that the addition would
be well behind the properties and structures that exist on his property. He took the
measurements of the plat and walked them out. He stated the proposed addition
would tower over his garage and a beautiful screened-in front porch that he
constructed nearly 15 years ago. He noted he chuckled when the Board asked about
the number of parking spaces, because the church has a runway there now with 126
parking spaces, which has covered the ground in concrete. He stated the parking area
has impacted him already, perhaps not in an illegal way, but it has taken away a
beautiful and spacious view.
In., rr-"~" II
~l
_.~
).,'....'..'
" ,
., .'
~r_
()
,.
.
.a..._~__._..."._.. .
'\
I
~
!l
.....,..........,-'., ...'
^
...,.,...,;.,.,',
'~~J..":.I
J"
."
(-~"
\
\
i~
I,
.,
,
I I
: I
I
: I
, I
I ~';
\ [
~
"~
. V
1.1"'.'
!.~.: .:
;'."f"!'
",
," "'.
\' i
~
.
"t',
;.\\l',
", ..
;~,
'I
,
....'1'....
.
':.' '
- ... .. .. ",. ... " .,. ..... ','. ".~
Board of AdjustmelJt
May 11, 1994
Page 5
Fleming contested that Sunday is the busiest traffic day for the church, Fleming said
he felt Saturdays are far and away the heaviest traffic day for the church. He said the
church is now the largest, closest to the University, for-lease, paved, public parking
in the City. He said the church offers a reasonably priced and close alternative to
parking on-site at the University. He said members of the church who commute do
park there. He didn't have a problem with this. He parks there as well. The leased
parking causes traffic during peak hours, because some of the leased parking is to
people who work at the University. He didn't have any objections to the church
allowing a daycare to use the church, but it has impacted his and his tenants use and
enjoyment of his property. He said, in addition, the church parking lot is lighted so
you can not go out and look at the stars, because of the big, high wattage street lights
that are on all night long. He said the parking lot seems to industrialize this area,
which is supposed to be residential, and has changed the character of the area since
he bought his property in 1980.
Fleming noted on the application that the church said they had been working on the
project for years and have had architects working for some time. He said nobody has
talked with him, and it seemed like a huge encroachment considering the requested
reduction of the setback. He noted the church will be beautiful and they will spare no
expense, but he didn't want a two-story building towering over his screened-in porch.
He noted they have already cut down a tree that offered shade to him before the
church received City approval to do anything.
Fleming said he had tried to contact the City traffic people. He called the police who
assured him there will be no question about retaining the no right turn barricade. He
said the residents close to the University have petitioned for a no right turn barricade
so that people going west on Myrtle Avenue can not turn right onto Melrose Court.
He said, when he was talking with a neighbor for about fifteen minutes, he witnessed
18 to 20 cars make that turn illegally and two to three cars actually used the church
driveway to turn around and come back straight. He knew the church probably did not
appreciate people using their drive in this way, but this will probably just get worse.
Fleming pointed out on the map that the church has a gravel drive on the east part of
its property which is six feet from the door of one of his properties. He said he Imd
the church had a mutually satisfying agreement where his tenants would park in the
drive and prevent through traffic on the driveway.
Fleming said the church represents on the application that they have looked around and
found that this is the only location for the addition, but he has talked with church
members and understands that their long-term plans are to put in an old folks home
or student housing for Mennonite students to provide some affordable housing. He
said if they have these plans, there should be some other area on the almost 4 acre
plot where they can put this proposed addition.
Fleming thought the laws were in place to protect small property owners like himself
from others just coming in and saying yes, we know the law is there, but we want
a variance from that. He believed the Board should allow the law to stand and leave
the status quo there to help him protect the value and enjoyment of his property.
,,..
.
:"':.', '~_.:':.,..".
I
I
,
, I
o
J .!
~
''"'1 i
(' --.
, 0
. _.____ u__
o
'.
,
..~='
.
'j'
,,',' "
'0;" ,,:,
,co, .". ~"'.,,,.- _.' .:~..
.i.
......1""...
'is \
'10::.
.'h... _, '
I,
~'1ID~.I',
I
[
,
("
,
\
,,?l
'"~'''
. ,
I'
I
I
I
I t
~\
'7.
,
1~'"
'/;
'"
~'
ki:'
I
I
...
,
\t:.~
\,
I I
'~
.
"t'
"\"
, . ~
..
"..'
~
..
"..
.
.
:.' "
... '_~'.' .. . ,"_"".' '.:' _, ~'._<, ~','.. ,; -,_ ;." ..._~."':"..', : c.
.........A.
Board of Adjustment
May 11, 1994
Page 6
Lehman asked Fleming to show on the map the lots he owns. Fleming responded he
owns the three plots surrounded by the church and these are 315, 317, and 309
Myrtle Avenue, Johnson thought the area at the base of the church's property looked
like it might be in the floodplain or at least be very wet land. Fleming responded the
church had been putting dirt in that area.
Joe Holland. attornev. said he wanted to comment on the issue of due process. He
stated he believed it grossly unfair to proceed with the hearing on the assumption
there were no objections from neighboring landowners when at least 7 of the 16
people listed on the applicant's list of neighboring property owners did not receive
written notice of this public hearing nor the fact this request for a special exception
was pending. He believed these people were entitled to more notice than a sign placed
in an obscure place on the property. He said these people should be given the
opportunity to be heard and this matter should come back to the Board of Adjustment.
Holland said that there were three problems with what the church wanted to do. He
noted that first of all, the church needs a special exception for expanding its facility.
He said second, the church was a nonconforming use, because it is not located on an
arterial street. He said third, according to the application submitted by Brenneman,
this building is intended to be used as a daycare center, and as a classroom for
students learning English as a second language. He believed the church needed a
special permit to do this in an RS-S zone. He said his concern about this is the church
was here for a special request for a structure, and then it would come back in with a
request for a special exception for other uses. The Board will be hard pressed to say
no knowing they allowed the exception for the building with these intended uses.
o
Holland said it was important to consider the use of the property. He noted it was
appealing just to say this was a religious institution coming in and asking for the ability
to expand its religious uses, when the church has over the years turned the site into
more and more of a commercial use. He said they have taken advantage of the
location to create a public parking facility next to the University campus. He wasn't
sure if the church needed 126 parking spaces. He thought the purpose of these
spaces was to make money.
: .~
Holland said that before the Board grants the exception, there should be a clear
definition of what the structure is, what it is going to be used for, and how it forms
part of the religious institution. He stated the comments in the application were
somewhat vague in this respect.
Holland also took serious issue with Davidson's report about analysis of the traffic and
how churches generate a modest amount of traffic. He assumed what Davidson did
to come up with a 2500 per day vehicle count was to look at the traffic manuals under
church where it says a church generates 2500 vehicles trips per day at its busiest
time. He asked the Board to remember this isn't just a church, but a commercial
parking lot use. He said secondly, the examples Davidson used were threefold: one
on Phoenix Drive in southwest Iowa City in a solely residential area, the second off of
Muscatine in the Village Green area, and the other on East Washington Street. He said
f lf1 J
,I d'~
v-
.'." "'~" ',,'
,'J ,-'" CY".
")5
,",- ...
v --
o
)".'.'.'.'
:. .",::'"
"
".,". ,'I,,'
'-"""""\'
-
.,
~.
,\
i'l
.'
.
"t'
""\"
. '~
','
,
",
".'
.
.
':~ . .
. - ._-, ..-.~..
. ~.. ._......,.. ",.__._.. ~''-'....... ."..".-...., .ot' "....:__'..;... ..... '.," ..."'...b''',_.
a...."...~~."...
Board of Adjustment
May 11, 1994
Page 7
the thing these three churches had in common was they were all in almost exclusively
residential areas and not located next to any major employers. He said their parking
lots are not used as commercial lots during the day.
Holland said the Board needs to look carefully at what is going to happen to the traffic
at the First Mennonite Church. He said this related to two concerns. He said the first
was the traffic that will be shunted off onto Greenwood Drive. He stated that
Fleming's concern was this driveway would be a primary means of ingress and egress
off of Myrtle into the parking lot. He noted it was not as convenient as the other
driveway off Myrtle which is there now, but the current driveway will be closed, and
the gravel driveway will be the sole entrance from Myrtle Avenue. He said the
driveway is located just ,over the crest of the hill on the downhill side of Myrtle
Avenue, and the concern is that the sight distances which are moderate with respect
to Greenwood Drive, are more serious with respect to the driveway on Myrtle. He
thought it also had serious impacts on the quality of life for the tenants in Fleming's
'rental properties. He said the quality of life affects the amount a landlord can garner
for rent.
Holland said he had represented Fleming since the resolution of a construction case,
and knew from his experience that Fleming's attitude toward his rental properties is
not just taking out a return, but rather an attitude of investing in the properties and
having quality rental properties. He thought this was the reason why Fleming was
here today, because if Fleming were truly an absentee landlord that didn't care about
the quality of life of his tenants, he wouldn't be at the meeting today objecting and
paying Holland to be there as well.
I
I
D
r'
, '
He said in terms of the legal criteria, he didn't see anything about the peculiarity of the
properW that said this addition had to be in this exact area. The church has a 4 acre
lot. He said they have chosen the most convenient location to expand the building to
the east. There is no reason why they couldn't have a freestanding building as there'
has been talk of an additional building to the back of the existing one. He stated the
church has more space than they need and they have available space if they convert
the floodplain to parking and put a building at the top of the hill or vice versa. He
believed the church was asking for a very substantial encroachment into the setback,
50% or greater. This was not a situation where they were asking for a minor change
in the setback requirement.
f .l
,L:
(-',
\ l
~
11."';"
. " \
,
"I
I
Holland said one of the requirements in considering special exceptions is that the
exception does not increase population density or affect the use of municipal facilities.
He said that Myrtle Avenue and Greenwood Drive are both narrow streets, and Myrtle
Avenue is very heavily traveled, particularly between 7:00 and 9:00 in the morning and
3:00 to 6:00 in the afternoon when work shifts at the University are changing. He
said the change in the configuration of the drives on the property are going to affect
municipal facilities and this is not even considering the effects of the daycare and other
uses. He stated the church has commented in the written materials that the facility
could be available to a wide number of community groups such as the Sweet Adelines
and 4-H. Holland noted these people are going to drive to this site. .
.
.
I
~ i
; i
I ~,
! I.
, I
II
(~Il."
\~~~; ,jl
" ~
0,
ltl";"
;1. '"
"'~r;., , '
l_,;
1'-11 B
{(~ 0 ..
-,--~
J
, 0) ,,:' .:: " .
,0'.':"_, _:.'t,.
".0...""."',,
".'..1". .
IS'
'T""',''"' ,
~.
,,' '
., ,',
,\.
r I
.,
',~r~ " 'j-
, ..
'". .
~
.
','
',' ,
,
"-
"
.
,
I,. .
. _,..~_... ._.., ,''''_ _.....<"..., ,~"'...._. .;..__,._"." ,.: ~.:'._:' "". _., ;., """~4".. "'~'''H''_''
Board of Adjustment
May 11, 1994
Page 8
Holland said if you look at all these concerns starting from the due process question
on down to whether the criteria have been met, it would be inappropriate now or ever
to grant the special exception withounerious study and serious changes on the part
of the applicant.
Eckhardt asked where exactly the gravel drive is, because it was not shown on the site
map. Fleming clarified by showing a map he had drawn and pointing to the gravel
drive.
Brenneman asked to respond to some of the concerns that had been raised. He said,
first of all, the gravel drive is on an empty lot that is not used by the church, but has
mostly been used in the past by Fleming's tenants. He said the church would be
happy to have this blocked off, and did at one point put a barricade across so that it
wouldn't be used. But Fleming's tenants move it so they can use the drive.
Brenneman reminded the Board that the exception was for a new structure. He noted
there had been a lot of discussion about parking, and the church was willing to discuss
this, but the new building would actually take away some of the parking spaces and
would not increase parking at all.
,
"
J
(-"
\
4
,
Brenneman said the use of the church needed to be clarified. He noted there would,
be no daycare in the church. He noted the church at one time allowed its building to
be used as a daycare for abused children during the day, but the funding ran out for
that program. Daycare was no longer an intended use. He said the intended use of
the proposed educational wing classroom was for Sunday school classes and three
offices for the secretaries and pastors. He said the Sunday and youth group classes
were meeting now in the building in various places, sometimes even in the stairways.
He said the church had no plans in the future to apply for special use permits, such as
for a daycare. He said as far as the notice, he felt badly about this. The church did
fill out the application and listed the neighboring property owners with their addresses
with the understanding the City would be mailing the notice out. He said the fact that
Fleming was here with his attorney proved Fleming had some notice.
~
Brenneman stated the building would have a 25 foot setback, and will not be a large
looming building unless you consider the building that is there now a large looming
building. He said the roof lines will be the same as the existing building, but set back
25 feet from the edge of the lot.
I
I
, I
, I
, ,
, I
I
i I
I ~'
I,
U.i
''iii,
~~
Johnson said as she understood it, the church addition would be behind the residential
property, 89 feet back from Myrtle, so that it won't be right across or beside the
residential property. Fleming stated this is not the case, his garage and screened-in
porch, which are used by the tenants will be eclipsed by this addition.
Bormann said that, because the item was on the agenda, the Board was obligated to
s'end out notice. She said there wasn't anything required in the Ordinance, but there
is a provision in the Board's by-laws that the neighboring property owners be notified
and, if they were not, she had real concerns about closing the public hearing today.
",,"'~'
if'
li "
;1'.-
;;'''' 'I!
~.
.
-
, i
I
,I
Q
! .!
"
I '11 r
. ':ft-=-~_~
=
-_.~,
)\i:'~"":::"" ,.,.,."
, ",0
. '
.',' ',I
1
-
',......1"..
I
:;:,
,.Id~
',' ':"'"
., ....
, \,
,(
~'
\-"',
,1."
, .
'~
.
"t;.
".'..'.\I.j
, . ~ '.
':,'
1
'-.,.,
...'
, .
.
'. ._._."J
:.,' "
.' .. . " "
._.". ...."-'-..,,..,......,.._. .:....,~_,,,.;~.....~,..,..,,...,, ,..:..'",J. ~~.~..~ ~._ ... _..
- .Q_..,_..-.~- . "
Board of Adjustment
May 11/ 1994
Page 9
She recommended that the Board not close the public hearing, but make a motion to
defer the item to its next meeting when written notice had been provided to
neighboring property owners according to the Board/s by-laws.
Vogelzang asked if notice is sent out by certified letter or what the procedure for
written notice is. Rockwell explained the notice letters are sent through the regular
mail. She had directed a member of the secretarial staff to mail the notice letter to the
list of the property owners, the contact persons, and the applicant. She expected this
would occur, but the Board has Fleming/s statement that he and others did not receive
notice. She was concerned, because the City did not get any letters back in the mail,
and thought it possible that her direction was not carried through.
Brenneman stated he did receive the letter, which had been sent to his office. He
noted the practice in his office is to stamp incoming mail with the date it is received
and his letter was stamped as received May 4/ 1994/ a day after it was sent on May
3, 1994, and signed by Melody Rockwell. He knew that at least two letters on the list
were sent and received.
Bormann said the secretary may have just sent out the letters to the applicants.
Rockwell stated because there was a question, it was probably better to defer than to
risk due process problems. She said the case could be deferred to June 8/ 1994, a
day after the earliest possible date the Zoning Ordinance could be amended to allow
religious institutions to access collector streets.
"
Brenneman asked if there was any way to act on the, request tonight and then check
in the morning to see whether the letters were sent. He said if the letters were not
sent, then they could go ahead and defer to the next meeting. Bormann said the
problem is there may be other property owners who object. To act on the request in
their absence would constitute a due process violation. Brenneman said if they .did
have notice and they didn't object, then an action would not be improper. Bormann
responded that it would be, because the Board' s decision would appear to be a
foregone conclusion and it wouldn/t matter whether the property owners showed up
at the next meeting or not. She said this would send the wrong message and would
then be a due process violation. She said in absence of verification that the letters
were sent, she thought the Board should defer it. She noted the Council's reading of
the Zoning Ordinance amendment is the day before the next Board meeting. The
deferment would not put the church behind since the Board's approval is subject to
that reading anyway.
,I.!,
./~
,
1
(-.\
\
\
f,~
I',
,
I
i i
! I
, I
: i
I I
i ~.
I ~.
\
~u
~
"-~!
Lehman clarified that Brenneman' s name did not appear on the list that the Board was
questioning, because Brenneman was the applicant.
Johnson asked Brenneman why the Harmony Day Care appeared on the application
under item D #1 when he stated the church does not plan to have a daycare.
Brenneman said the Harmony Day Care for abused children was the one that is no
longer functioning. He said the daycare was not run by the church and the daycare
did not pay to use the facility.
'I'"
'.!~", "
~~"
~!; ~
1\
!"'L
I Lf18
,Ir-=.,"-, :-~-
:''lm e
---.. -.-
r
-
'"
')'..'....
.0" " ;,
,-, ,"
'1" ''','
"':'1"--':' ,
/5', ,0',
....> ,,,,.,,J";
\,
'':.L:M;i~
"
, ,
~
.
. ~t: I
.,.',
" ,
~,
~
-.
"..
.
.
:.' .
...'_.,-....."...c;...
,-
I
Board of Adjustment
May 11, 1994
Page 10
.~
.::
Vogelzang asked whether the building permit would not be issued until after the June
7, 1994 reading of the ordinance amendment. Rockwell stated June 8 was the
earliest possible date the permit could be issued. Rockwell noted if the Board chose
to defer, the applicant could use the additional time as an opportunity to address some
of the concerns raised at this meeting. She encouraged Fleming tq do the same thing
if he had further comments to submit the Board.
I
,
Johnson said she had two concerns, She was first concerned with the fact the group
had already started construction on the project. She asked Fleming whether the
parking lot was filled every day. She noted the lot was not filled when she went by
that morning. Fleming estimated there were about 50 cars there on a regular basis and
about 25' of those were parishioners. He stated the church could give better
information about this. Johnson stated the signs in the parking lot made it look like
a commercial use. She asked Rockwell if a commercial use like this is permitted.
Rockwell explained that a commercial parking area is not permitted under the Code in
the RS-8 zone. She said the City would have to investigate when the use began to
determine whether or not it was a grandfathered use. Rockwell stated that the lighting
would need to be downcast when the church modified the lot to comply with City
parking regulations. Johnson noted the Board dealt with a similar situation on Market
Street.
r
,
(
('
Fleming said he wanted to clarify the discussion, because they were discussing trees
and parking. He said his problem is that the church wants to build in an area where
they are currently not allowed to build. This was the infringement he wanted to
address. He said he has been living with the parking for some time. He just wanted
to stop the carnage of the neighborhood. He said if they were to build within the
existing standards of the neighborhood, that would be fine. He was not real worried
about the lights. He just wanted to paint a picture of how the neighborhood had
declined. He said the decline is certainly not reflected in his property taxes; they still
go up.
o
f1
Rockwell addressed Johnson's question about why the work had already started. She
stated the church was not aware that a special exception was needed to expand. She
related they began the preparatory work and came in for a building permit. At that
time, they found out special exceptions were needed. Brenneman clarified the church
stopped construction as soon as it was discovered they needed a permit.
, .!
~
Holland said he wanted to make a point about communication. He said it seems a
large part of the problem is the church did not communicate their intentions to either
the public bodies or the people in the neighborhood. He suggested the Board should
come to grips with what was going to go on in the building before it ruled on the
request. He suggested the Board require the church to formulate their plans to a
degree where the neighbors can respond. He guaranteed if the Board decided to defer,
there would be other interested property owners at the next Board meeting. He said
since there won't be a delay to the construction, because the church has to wait for
the final ordinance reading anyway, he felt there should be an opportunity for
maximum public input.
.~
il'~
(
!'
I Lfl i
l[-'-;;-~" .
.-
-
-
o. <),':':::".
-,.'."
", '.<1..
'[;5 " 10,.
,\
~
.. .'
'r~
~: I"
,......
,(.
(:'\
\ \
~
~
: "
#
i I
i I
I,
i k,
I f;
II
II
II .
~,(,,,).
\.....'
, ,~
~"';
~:,~
'~' "
,! '
If j
7~L '
lr:~
,(~ou
\,
\"1
, .~
.
"t
" " \\'!,,~
"
'~;
.', .
~
",
....
.
..~ '.
. .
. ...._.....,:,' .._~..~,~,~I_..~...'."._,'-',..,;. '.'... ,u:.',;:~'. ;,\:,....;.."..,." _:,'..~,',
,..-~',."-'"...-......_-
Board of Adjustment
May 11, 1994
Page 11
BOARD DISCUSSION:
MOTION: Johnson moved to defer EXC94.0007, a request submitted by the First
Mennonite Church for a special exception to expand a religious institution in the RS-8
zone and for a special exception to modify a yard requirement for property located at
405 Myrtle Street to the June 8, 1994, meeting. Haigh seconded.
Vogelzang said what really disturbed him was there hadn't been a problem in the past
in verifying whether written notices had been sent. He said if due process is in
question, he certainly was not prepared to vote either way. Johnson agreed. She also
had a concern about the adjoining lots whether they were occupied by renters or
owners. Vogelzang concluded that both parties had heard the others concerns and
have the opportunity to act on them at or, hopefully, before the next meeting. He
urged the Board to stay focused on the true issue at hand.
The motion carried 4-0.
2. EXC94-0008. A request submitted by Michael and Vicki Lensing for a special
exception to permit expansion of a funeral home for property located in the in CO-1
zone at 605 and 617 Kirkwood Avenue.
Denney stated those who were on the Board in October 1993 would remember a ,
special exception was approved on the property at 617 Kirkwood to allow construction
of a garage and conversion of the first floor of an existing residence for use as meeting
rooms and offices for the funeral home. He noted the Lensings have decided instead
to expand the existing building at 605 Kirkwood Avenue for the same uses and the
building will then be located on both of the properties.
Denney said the first standard for a special exception for a funeral home was the
funeral home must have access to a secondary or primary arterial street. He said the
second standard was the site should have a minimum frontage of 120 feet and
minimum lot area of 40,000 square feet. He said Kirkwood Avenue is identified as an
arterial street and the two properties at 605 and 617 Kirkwood have a combined
frontage of 202 feet and lot area of 51,974 square feet, which exceeds the minimum
for these requirements.
Denney noted the requirements for screening in Section 36- 76(j) will apply because
this is a commercial use abutting residential areas. In this case the residential areas are
located to the east and north of the commercial property. He said staff recommended
in lieu of an arbor vitae screen, the applicant should provide an evergreen screen
approved by the City Forester. He said the parking areas on the east side will need to
be changed to accommodate this. He said the three parallel spots should be eliminated
and the two handicapped-accessible spaces should be relocated to the southeast
parking area. He noted these changes result in 60 parking spaces being provided on-
site, which is above the amount of parking required for this use.
0,
"..
.
,
,.1
I
'I,!
. ,
1'-11 t
~'. ~ -
."'1' Jt.J <l d
'.". ',.,'J;..-<"'.~:\'....-...
,0 '" "I' .
., ," .'" "
" , '. "~".~,,, --:<;,:,.:. .
,
- . -...--
',........1"......'.,"
15 !
ltJ',',
. . '..",".',,-,"'''.
, "
. 'I . .!~
JZU1~i!,' .
J'
.t
(~')
\
\
"~
r~~""1
! "
"
I
I I
, I
I
i i
I ~,
'I'
~
"
"
*"1'
'~'l~
t~1!';~"
I.' ~i
i
U
t~o
\,
" I
~.
.
. "'It'.
"Ii:
"!,
1
'......
.
,
":.'. ,
....
"..
....-'.--."-..........-....
.
,.,...."....,~."...._"._._" .....~--"',..~...
...,,_._c ,~~"~.,___~,,_,",,
Board of Adjustment
May 11, 1994
Page 1 2
Denney said the proposed use would not negatively impact adjoining properties if
adequate screening was provided. He said the layout for the building addition does not
include any new curb cuts to Kirkwood. The existing entrances to the funeral home
adequately serve the building.
Staff recommended that EXC94-Q008,a special exception t6 allow expansion of a
funeral home for property located in the CO-1 zone at 605 and 617 Kirkwood Avenue
be approved subject to 1) development of the property in general conformance with
the site plan, 2) reconfiguration of the eastern parking area to allow adequate
, screening, and 3) approval of a landscape plan by the City Forester.
PUBLIC DISCUSSION:
Michael Lensing, 605 Kirkwood Avenue, said he has no problem with staff's
recommendation. They want to provide an adequate buffer for the neighbors as well.
He explained the reason they were coming back to the Board was their original plan
of renovation was so expensive. Even though the new building would be more
expensive, they decided that the new building would be more functional for them and
the community.
Weldon Decker. 614 Kirkwood Avenue, stated he had many reservations about the
commercial property adjoining his house to the west. He was surprised the Lensings'
plans had changed, but the changes seem less adverse to his property than what was
originally approved. He would like the Board to require the Lensings to provide a fence
in addition to screening, because he has small children at his property.
Lehman asked if Decker had received a letter. Decker responded he didn't know. He
saw the sign up and had talked with Lensing. Johnson noted it looked like Decker
would have more room on the west side of his property with these changes rather than
with the first project. Decker said he thought so, and noted the Lensings have been
good neighbors in the past. He said he trusted the Lensings to make the property look
nice with the changes.
BOARD DISCUSSION:
MOTION: Lehman moved that EXC94-0008,a special exception to allow expansion of
a funeral home for property located in the CO-1 zone at 605 and 617 Kirkwood
Avenue be approved subject to 11 development of the property in general conformance
with the site plan, 21 reconfiguration of the eastern parking area to allow adequate
screening, and 3) approval of a landscape plan by the City Forester. Haigh seconded
the motion.
Johnson stated she would appreciate a fence, as Decker had suggested, if she were
living on his property. She said with nice landscaping, the proposed project would be
very nice, and the fence could be incorporated into the landscaping. Vogelzang stated
he was not in favor of mandating whether or not the landowner has to put up a fen,ce,
especially in this case, considering the City is already requiring an enhanced screen as
" I
! .!
, Lfl i
~r---'
---.... . I A
..,. ,.,)"~"":,,,,
,0 .", "',: '
'" . ~:' :"-1" ':;..'\"''-:'' 'i;,'
\-,.'....".-., e"
...
-~
,'''-'
''1'....,.
/51
, I.~d',
",j... I
, "
, \,
,~".
. '
"Ii
'1'..-
~
,
.,~ -
'0,1'
.', .~ .
, /'
"
.' .,:.l",
..
':....
"
"
'".;,
,
'~~:,. '
,,;' '"
"..
.
.
,
. . ::.',
.-. --'-~"-"'--'"""'"
. ", .' ' . . ,
.". ... .-"-" ,-'~""..~..~ ~ ._--,_...._.,~..."~" .".... ;"_&,,>.,...# -......-....-- -.-."
:;' ,
-
"
~
Board of Adjustment
May 11, 1994
Page 13
a buffer. Lensing noted he didn't have any problem with providing a fence, but asked
whether he would have to provide it all the way along the property line or whether he
could just provide it from the corner of Decker's house to the end of Decker's back
yard. He thought a fence along the entire property would look very bad. Vogelzang
said this was something Decker and Lensing could work out.
Eckhardt said this seems like a better use of the property than the previous project.
It would provide more open space in the neighborhood. . Haigh said he liked the
improvement on the driveway on the east side of the building. He said this way the
area will be clearer for traffic to get onto Kirkwood Avenue. Vogelzang stated he
agreed with Haigh. He'd never really liked the east driveway at all.
Lehman said he would go along with staff recommendation. He notea the people who
attended today seemed to be in agreement. He expressed concern that these adjoining
property owners may not have gotten their letters, Denney and Rockwell said the
letter problem with the First Mennonite Church was an isolated incident.
Johnson said the funeral home qualifies in that it is located on an arterial street and
exceeds the minimum standard for lot area, She stated with adequate screening, the
proposed use should not negatively impact the adjoining properties. She noted the
distance between the proposed building and the residential area will increase with
these changes. She noted there will be no new curb cuts and one curb cut will be
eliminated as per the condition of the first exception.
I
I
I
'Ii
Vogelzang said the changes to the proposed project make a lot of sense. He thought
this will be better than two separate buildings.
.C'"
(\)
,.~
;"'-l
(" .
I" \
, ,
" :i
The motion carried 4-0.
ADJOURNMENT:
Johnson moved and Lehman seconded to adjourn the meeting at 6:08 p.m.
Minutes submitted by Lisa Schweitzer.
"
Rich Vogelzang, Chair
",>
Ibo.5.lt
I
-"'\."~
I LJ1 ~
'.
tC,,' 0
,},
---.------
"f
-
-;
j..c....".....".""."."'."".
. I' .",' '\ \
O ' '
, " :...
f< '" ..,' ,..','. .
"'.,~~-s'-_. 'I'D,
'1'...A..'" 'I','
\"
'. '.-...,"
".."'j
~I:';'"
;;~ ,
i',~
: ~\Y
i
-
,
1
, I
I
I,"
,.1
1".'\ '
\,
.~
'.
',',. '.,
. "t.:,'
, ;' ;-. .\\l.'~'
" .......
.j' .
. I.....
",1". "
-.- _._.;:...._.....:~.;.~'.._~.__.... ~',~'--~.'.
. 'Ii
-I....
"
.
.
J1"
, '
, ' .
.. ,_ ...:_.~_..,"'.;_...~"..,..,..~......."_''''.,,''-'-,,........'<'''.04'''''"'".,~~..........._,..I.~......._....__.___m
a..__~_~.__
MINUTES
PARKS & RECREATION COMMISSION
May 11, 1994
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
GUESTS:
FORMAL ACTION
TAKEN:
WEBER SCHOOL
PLAYGROUND:
Tom Bender, Bill Brandt,
Liddell, Matt Pacha,
Vanderhoef
Jana Egeland, Deb
John Pel ton, Dee
John Beasley, Bruce Maurer
Howell, Kriz, Moran, Trueblood
Carl Klaus, Kate Franks Klaus, Susan Bender,
Sara Crosby, Celia Burger, Jeffrey Max, Renee
Pessin
Bender made a correction to the commission minutes
of May 11; on page 5, second paragraph, the second
sentence should be deleted. He explained that the
playground equipment was never included in the bond
referendum. Moved by Liddell. seconded bv Pelton.
to a~~rove the minutes of the May 11. 1994 meeting.
with the above deletion. Unanimous.
'I
Moved by Pacha. seconded by Egeland. to make a
recommendation to the citv Council to ~urchase this
parcel. using parkland acquisition funds to do so.
AYES: Bender, Brandt, Egeland, Pacha, Pelton,
Vanderhoef. ABSTENTION: Liddell. The motion
carried.
. \ "
Bender introduced members of the public, Sarah
Crosby, Jeff Max, Renee Pessin, Celia Burger, and
Susan Bender, who were present relative to the
request for funding by the playground fund raising
committee for Weber School. Sarah Crosby stated
she moved to the Hunters Run area last August, and
chose this area because it was an ideal area for
families with small children, with the promise of
the new school. She was surprised there was no
safe, structured play ar.ea for the children within
walking distance, and after seeing other beautiful
areas in Iowa City it was evident the city has not
provided adequately for this area. She indicated
during last summer her concern mounted when
children began using the construction areas for
their play yard. She stated she would like the
city to donate funds to develop the playground area
at Weber School because it is centrally located and
easily accessible to Hunters Run, Southwest Estates
and the development between both of these areas.
She stated the area in Hunters Run the city is
planning to develop into a small park is not
','j
J~l~
..
, . -"
", ',., 0 ',,', ;,,,,,,\\"!~C::,.,:,,,,:\"""""'M,'\"n ''''Tj''Z'''''''''' "'0':,'
'1_;'1 \'.".:':.;/'_.~'.<:~,~)//.~", \' ::,',\, ", , " . -;.,f' ,'~,'~,::""\''''i,,,,,,,,,,:;':/i'
(r;~o ~-- ,-
l. .
~'~"I':~ a.__~~:~. - _
., .'.,
. ''''-.,' "r:,
mzl,<
...",,'
, "
1
. l~
C..,
\
~
I
I
I
I ~
iJ
;\-
'~
", ~
.~,~,'
"1"
f~l~,
lU
{(" 0
'.'. .
..r"'j'
.""..
~
.
. ','
',' ,
'. ,
, ~. , .
\,
.'
,~.
~
...'
.
.
:,','.'
,
.:.. "
.. ..
. '.. . .'.
... ..,..~.. ,_....,'",.~._,~._,._.~,....."....L. .""".",.~."c,"".,.,,,.......~....~~,.___...__.
adequately suited for playground equipment, has
limited access and is frequently too wet. There
are also safety concerns due to the creek and
wooded area. She stated due to the Weber School
parents having done a great amount of leg work in
trying to get this playground developed and the
fact that there is no existing park in this area,
it is a very natural place for the city, school
district and parents to collaborate on a community
recreation site that will accommodate a great
number of people at once.
Renee Pessin indicated she was on the committee
that met with Trueblood regarding development of
the park in the Hunters Run area. She stated the
consensus of the committee is it would agree to
delay developing this area for a number of years if
the Weber School playground was developed as a
neighborhood park. crosby indicated there were
four families present, but if the commission wanted
to see numbers they could circulate a petition to
this effect.
celia Burger, Weber Elementary School Principal,
updated the commission on the fund raising efforts,
indicating $30,000 has been raised to date to
develop the playground area.
',' I
C;\
\jJ
Brandt asked how much money the Hunters Run
neighborhood wants the commission to donate, with
Bender stating at a previous meeting Bob Ross
indicated $10,000, adding the fund raising group
had no expectations but were hoping for a little
collaboration and assistance. The feeling of the
playground committee is, given the amount of money
available to develop the park in Hunters Run, the
committee is looking for a more significant
contribution since they are willing to forego
development of the area near Duck Creek.
.' ").!
pacha questioned whether the school playground area
would be accessible during the school day to pre-
school children and their parents. He stated he
understood the need for security, but this would be
putting city funds into an area for city park-type
use. Burger stated schools were available and
accessible around the clock when school is not in
session. She indicated the high usage and desire
for use of the playground and building is 3:00 p.m.
on and there would be no conflict. She stated
security is an issue with children and knowing who
is on the school grounds, but felt this would not
2
ILl19
11'I"
...
.
, ,']'"''''';':;'i'''''
'OJI .,! ,,'"
, I '.J (':, ::'::;;'.'_:~~' ",..P';'::'> ".:
".,,':i"'~'.-"'"''''''
, \
,. .., '....1;:'5'<' 1'0,:.
,".-,..,,,.....". .1'
--,,:._-'.'"
',;.'::':
~".'..
'1
',"
"
~
" ,
I
.. f
'. 1
~
,
Ii
I
-~l
(f::"
:;, 0
.
"
.''''':''''T'-
.".~.....,~
'.\
"~ '
,
.'.... '
: ..< l~ '
~':'.,:'~ \Y.
. ,".:..
,,'
",-:,
"
"
....
.~,
. , ,
,
.' .'
.
"" ,
':.
, ...,:":~ ,:,;
'-'._"-_-'-. ..:. ..'__~'M.._..........,~.._.........=,......-"~~....<..,,~..-.iJ..t.;.;.;,~i.>>v-,~~J~-"..,.,....;."",.....""._.n...____ ___..._ . .
~"..
A.... ._,,~..~:.....
, \
prevent pre-schoolers from using the playground.
crosby stated from late October/early November to
late April parents normally do not take their small
children out due to tne cold weather. She
indicated it is normally after school hours when
her children want to go out and play, and it is her
experience that most pre-schoolers have the same
schedule.
, I
Pessin stated on the plans there is a separate
playground area for pre-school children, and it
would be isolated from where the older children
would be playing. Liddell indicated she was under
the impression this area would not be developed
until some time in the future, and it was
incorporated into the plans to accommodate the
school at a future date when it offers a pre-
school. Burger stated there were plans for
possibly offering a pre-school, with Crosby stating
the date for development of the pre-school
playground area would be determined when funds are
available. Crosby stated it was the priority of
the committee to put up a structure for K-6 grade
children.
,
, i
Brandt asked what the group' felt the perception of
the community would be - the Parks and Recreation
Foundation having completed a major fund raising
drive to raise funds to help restore the flood-
damaged parks and then turning around and using tax
dollars to help build the Weber Elementary School
playground. Bender stated the city did not budget
for the flood but for park development, and felt
the citizens would not have a problem with funds
being used to develop the playground. Burger
stated the concept was not to build Weber
Elementary School's playground, but it is an
opportunity for people in the area through
collaboration to maximize funds and avoid
duplication of services. Liddell asked if the
School District Foundation has assisted with this
project, with Bender stating it is acting as a
receptacle of funds, enabling donations to be tax
deductible, and is working in an advisory papacity.
Bender as]<ed if it would be helpful if the
neighborhood group conducted a poll of the
neighborhood to see how they feel about this
proposal, with Trueblood stating i.t would be
helpful. Susan Bender stated she has been working
with Marcia Klingaman"and they could work together
to develop a survey and get it distributed to the
3
. ..,'
. .~.
Tr -
I Lf 1 "
'" ., )'5< .Io},
. ;,'...,...;"..-'.......-:.;',
f"'"
,'I ,
---..
" ' .', ' :,"',~l-{'::':~).;_.;\~._.._"'..;_.u
, " .,"f """0,',"'''' ," ' ,
.' '. ' " -<':-1":".'::'.':""::' .;"::, .. ':i":~~~> -' .'i?:".':., ;., .
,. . '---;,\, - , ~ ~ .' .
ff~~~: I"~ ~ "I:,
,
-"<.
-:...,.
....~
I,
<\
.~
~"
'"
!~r~'l
I ' '
, .
[
I
I
,jl,
, '
(-~
, 0
\f .
\,
. .,,~. "'. -
-. ':-"'::~-W,;'
. .~ ",
.
,"
.;"
;, ,
.....-
." .
I
l~'
,~-,
1
"
. f"
. ~-. .'
. ,.' ': ,,'. ...: ,,", ;'. '-"
;.., __ ..... .." _"~.............._",-,,.~,=-- ~~"".~..;,:...;.''"'' .>_'.....~........~.~..........;._ _, 'u.
'. __A...-.__':.~__..
neighborhood. Liddell stated it would be important
to her if the survey was taken of not just the
Hunters Run area but also homes along Rohret Road
and in Southwest Estates. Bender proposed this
matter be tabled until next month's meeting, with
the neighborhood group reporting on the survey
results at that time. Trueblood stated it would be
helpful to know how the, School District has
assisted in this project; i.e., developing outdoor
recreational area and play fields.
1
j
I
,
,
Pelton stated the school board has a substantial
money flow and if a playground is a high priority
for the school and the parents it should be
possible for them to find the money somewhere. He
had serious reservations about using city money for
school equipment. He stated an alternative thought
would be the city assisting in developing a natural
area, preserving the area that can be used by the
public for learning and relaxation; the city could
possibly donate some trees.
Vanderhoef stated her concern is there is 26.6
acres in Hunters Run undeveloped and there is a
budget line going forth on it. This includes a lot
of natural area, and questioned whether there is
duplication already with the school's natural area
they are proposing to develop. Her other concern
is on use of the school ground - will the community
space and playground be open to the community, will
there be an open door and will this door be open
from 8 a.m. to 10 p.m. for bathroom facilities,
etc., or will there be a need to build a shelter
and bathroom. She stated if this is the only park
to be developed west of the highway it must have
these facilities available to the citizens for
their use. Crosby stated the group is not saying
whatever help they get from the city should be in
lieu of developing other parkland. The school
opens in 1994 and has an immediate need.
Vanderhoef stated before she could consider using
this as the city'S area for a developed park, she
needs a commitment from the school district with
respect to use of the building and grounds. Brandt
thanked the group for corning, and asked the group
to attend next month's meeting with the survey
results and information on how the School District
has assisted in this project in order for the
commission to make a decision. Trueblood reminded
the commission if it recommends funding that it is
only a recommendation, with the city Council making
the final decision. He stated if the commission
\
,I,i
4
, 'i1 ~
), ..",......"..,"""",.."..,..,......,...."........,..,..1"..,........,."'1"""1','
"".:,'.,()/ ',;1:;"':<':\...".,'.' '. "J":' O. '.'
_ :,'.~:...;:::~:::-,.: ,"::"'.' :,';'.:.,~'.: ,~,~;,;:'::'::':'" '::' ,:,:,' ," ' ' ',:,~ ~.,' ,;;',:,.,""".-,.~.,::A
",\;'
.01 __...-.
:.,.,--~-_.,.,.
.-
, . ' , , '
. , . - ,
,.,:...~,~..,..,: .~! ;"'.'
';",'1.' ,.:"
~~. ~.' 'f'
'....:i;",..'. ,
'.
> ;
.- ~
i
,
I....~...'
I,. .;
r.1
h'>.j. .,','
(~. ,
\ '
,':'
,
~&,..
,l
..
~~;:""'\',:
:;..'
~; ,
,;,
, -,""
,
'-..--.
'. "
\
c.....-......
.I" ", ('I
,I ..
,..
":,',.'".:'",:,
,:.?h~'ll-~, ,',.
.'~
. '
RENO STREET
PROPERTY:
WATER RETENTION
AREA:
lJ ~
I 1.\1 ~
"r'~""" .
15
;,
~ I,
:~',
, .
"
.
"
.. - .. ", c' ., , .',
, ,. ..__;..,~~"~'~'..~~:...~~_~.;:.....~..;:....: _~-:"~;~~.;.,..,,",';.n......':"_:~._~'~":'" _~.
recommends funding, it should also be' prepared to
recommend the source of funding.
Carl and Kate Klaus were present on behalf of the
Reno Street neighborhood, to address the commission
relative to possible property acquisition to expand
Reno street Park. Kate Klaus'gave a brief history
on the park. The Montessori School is listed for
sale and the city has the right of first refusal to
purchase the property (25 feet) north of the school
and adjacent to Reno Street Park. Klaus stated the
park is becoming more heavily used, with younger
families moving into the area. She indicated the
neighborhood would be willing to help move the
hedge they planted when this parcel was purchased
in 1990, If this parcel was purchased by the city,
the neighborhood would like to develop it into a
small picnic area. Vanderhoef asked what the
purchase price would be, with Trueblood indicating
the covenant states the city has a right to
purchase the parcel at the same price which was
paid ($17,500) or has been offered. Vanderhoef
indicated according to the Neighborhood Open Space
Plan this area has a deficit of .22 acres. Moved
by Pacha. seconded by Egeland. to make a
recommendation to the City Council to purchase this
parcel. using parkland acquisition funds to do so.
Liddell stated her children attended the Montessori
School and would not vote on this motion due to
possible confl ict of interest. AYES: Bender,
Brandt, Egeland, Pacha, Pel ton, Vanderhoef.
ABSTENTION: Liddell. The motion carried. with
respect to the maximum purchase price, the
consensus of the commission was they would defer
this judgment to staff.
The first conceptual drawing from MMS to develop
the water retention area south of Kiwanis Park was
shown to the commission. Trueblood reported he met
with the Kiwanis Club and the neighborhood
association, with the outcome being to have both a
prairie grass area and traditional park
development. He stated there was the possibility
of acquiring the water retention area
(approximately 10-12 acres) south of Kiwanis Park.
If acquired, the area could be moderately developed
and would make a nice addition to Kiwanis Park.
Staff feels the area could be acquired
inexpensively, with the water retention area
possibly being a liability for the present owner.
The consensus of the commission was acquisition of
this property should be pursued.
5
~
.' ''', (Oi:7','::ilj,v~',::c1'r~:,;"::":'\"''':'''''''''':''':"C'
.';'_t_",
.......:..'.
,
, ,
;'\1,,-;,',
--
-;...
I
1'"
....
.
..... --"---_._.~-,...
1
i
,
I
I
'.1
I
,
I
"
, '
II:
, ..
,
I
..,',.,"',",',',0",,'
.0,',..,1
, ~,'
.."~",.. _".-' I".i 'ii
""'-~".-':\: .':. 'A_!
~",I,
'/,':','..
.;,' ':;;"~~~~\'I::i~':':, ,~
.
:.',,':.
'~
.'
1','(.-_,.'
.'.::.....-;.
,i..
PENDING ISSUES
LIST:
CONTINUATION
OF DISCUSSION
RE WEBER SCHOOL
PLAYGROUND:
",
~~
'...-:.
L
(-"'~
\
\
/..::.,..
11.
I ~;
l
l
. :.1
'r', ;;;;:;-.""""'i;i''''~'''''' ''"'',..:r.....
.;, ' 0 " '",
,1,.' ' , '.
.,,'
'. ,,'.
" ',':,
.,.'
,;.,
,-'
, , '
.
.
., ,"::, : ,-,-'" ',:." ,'.' ',"',-:' :' ;
. , ,:' . .~~;;_....:~.;.k.ru~)f...j~.1""''';:''''''''''~ ",.'I.';::';~~'';'IiH:.J",",--''.__",-''-'..,,,'____._.,.~..
Brandt stated the prioritization of pending issues
would be deferred to next month's meeting. He felt
it was important to continue discussing the Weber
School playground issue. (Liddell and Pelton had
other commi tments and had left the meeting
earlier. )
Brandt stated he personally felt the commission has
a chance, regardless of what previous commissions
have done, to do something new and different to
help the School District. He stated the School
District in the past has not been very receptive to
the city, noting there is now a new School Board.
He did not like the fact that development of the
playground was not included in the bond referendum,
but stated this was a chance for the commission to
help by making a contribution that would also
benefit citizens west of Mormon Trek. He stated
the commission needed to forget this is school
property, in that it would be the city's and
school's jointly. He pointed out without the
School District and commission working hand-in-
hand, the Mercer Park Aquatic Center would never
have been built, and noted this was very good
representation that the city and School District
can work together. He stated if the city makes a
contribution, the city will not incur any cost as
far as maintenance since it would be taken care of
by the school. He stated it was time for the
School District and city to work together, and was
in favor of making a contribution to the school
regardless of what the money is used for, i. e.
prairie, playground equipment.
..,..'-,A___,,' ,
, ,
,',1
I
, '
"1
i
"
Bender stated he did not intend to vote on this
issue. He noted the city wants to develop
partnerships between different entities, and as the
School Board's representative he is to facilitate
this cooperation. He stated he was a taxpayer and
pays money to have access to park and recreation
facilities, noting lack of any facility in the
Hunters Run area and the fact there probably will
not be anything for a long time. He stated this
was an opportunity, for a relatively small amount
of money, to share on a cooperative basis with the
School District to help put recreational facilities
in a large neighborhood.
Trueblood stated during the last eight years, the
city has made great strides in cooperating with the
School District, noting cooperation with the Horace
Mann School when the city funded and installed
6
;11
'1.'
,'l.Jl,
.
,"
j.'.'''''"'' "....... ",..",'.;,...,'......--,......... ,.., 'I........., "I""'" ~!,
,,',',' ,'.':i ' !..,.' <::"-"'\, , " , r',.. "'0:'
""',, ,0..", ')' ' 'j. C;.." " ,
..~'.';."'/',:",<'",.-'.,",.. ;:.-' :~:i,i.; ..,:;,/:':' . ~,,_...:. .', . '. '. ~ ',~. :~'.':i~~,:....".,~:~',..I..ji\:
rl'
-".,;,~\,:',: '~':i" .:':"
. 1 ~'" ~
EEiI' ,
..;.i.~ , ," "
,
';'.',
"
"~'. '
'..'
'I!'
" '
, .
,
,-, .
....
. ":
. "', /
,. I'.
,""..".
..,,;':
. . '.' ',:;"~'.~".;~:~,,,'~.2...:~~~.~~~....:.,~,,~~~~~~,t~;:..;:.~,).~~:,~,,~,~,',~,.:i~.:~~::~.,_.~__.~'"
"
'..>
, .
...' _'+'M"___~"" .
"'-
f ~
playground equipment in North Market Square Park,
in accordance with the school's priori ties. He
indicated money should have been included in the
referendum for development of the outdoor area.
Bender agreed, but noted the main mission of the
School Board is to educate children and playground
equipment is not a top priority when funds are very
short. He stated the commission's primary mission
is to deliver parks and recreation, and this was an
opportuni ty where the commission could allocate
money to provide recreational facilities for this
area, when the School Board does not have the money
to do.so.
"
Egeland felt it was important to foster the
relationship with the school board, but had a
number of questions. She was concerned where the
money would come from to help fund this proposal,
what would sUf,fer, and when the playground area
would .not be able to be used as a park. She stated
taxpayers pay for schools and also pay to support
recreational areas. She noted there was land
purchased close by for park purposes and questioned
what would happen to it. Bender stated $200,000
was allocated in the budget to develop the open
space in the Hunters Run development, and did not
think $10,000 taken from this would affect this
project. Trueblood stated this funding was
tentative, with $79,000 budgeted in, 1995 for this
purpose.
pacha stated he was still concerned with access to
the playground area during school hours, noting a
small .portion of the Hunters Run area was
represented here tonight. Brandt stated the
Hunters Run area, is one of the most populated
subdivisions as far as families are concerned, and
the area does not have any nearby park or
playground equipment. Trueblood stated this was
due to the fact that adjoining parkland had only
recently become city-owned. Egeland stated there
was no question of need, but did not know whether
approval of this proposal was in the best interest
of all the taxpayers in Iowa city. Bender stated
development of Hunters Run realistically would only
be used by people who live in the Hunters Run area.
Vanderhoef stated development of the school
playground would impact how the city designs the
open space in Hunters Run. She also questioned the
availability of the school playground to the
general public. Bender stated the policy with the
),
"
,......
',I 1.-
,
!
",1
I
I
I
I
>
. I
'.~..;.
~' ;
,
." I
(~ "
\1
'~
, ,,'
''''.1
I "
I
t '
I ~ i
I ~
i
,
7
. ,..- ,.... ';,:r.".'
.' ""', ..~,
, '-11 ~
. ..--,1 .'.'
. . ".".."!
..'" ... ~" ...... ..; I .
j."..""'.."""""""'""""'''....'''"'..''--.....'.....'r.--- I 'I'
;?::':J,;:ii,:,~U::';:.> ',l':""'\ '... "',.: ,\:> .' '....',
,..",;., ." ,,,.., '."", .,s [1,
'.d ' , : ,~.;'. . .'..,' . ..-1"''- ,',', . " '''.,. " ,_ " ." ',: ..;, " .\- "'. ,~__',,",,:. " , ,:::.'.
. -,--:
.,' ,~I .
([*:0
...... ..-.-.:'-
-"~':-;,: ',. :l~'
~i~yf." ..
:,'.1 , '
t
....
e-
\
~
I
~
~
"'~
~,
!!I!
,
,.
~~,
'I
"
"/'i -.,','
'-''-:'-..,
""
'~
"
'..'
, "
, I
.,
,~.,
.'
,
"',
"
".'
',~
.:'
.'
, ,
.. ....- ----'--.- .',. :.
" .'
. .' .' ....~_..n _.. ~.,....~....... _, ~ _,_~ ._. ~k. _... ,
School District has been to cooperate with outside
groups, and school buildings are offered on a space
available basis. He stated Weber School is
designed to serve the entire community, with
expectations that the school will be utilized after
hours for meetings, etc. He indicated the decision
with how the school is utilized is largely made by
the principal, noting if the ci ty made a
contribution he would expect a lot of cooperation.
He stated if there was a specific request he would
be happy to take it to the administration and
School Board.
I
COMMISSION TIME: Vanderhoef complimented staff on the new brochure.
She asked if it would be possible to use art from
children in the Recreation Division's art classes
for future brochure covers, possibly running a
contest. with respect to the listing of parks
located in the back of the brochure, she stated the
address for Ryerson's Woods needs to more specific,
and she would like to come up with a plan to rename
parkland listed as the South Treatment Plant site
and the West Landfill park. Vanderhoef asked who
would be sponsoring the three day Junior Olympics
meet, if ~here was any possib~lity of contracting
with ISI to make the Mercer Park Aquatic Center the
home for the State Junior Olympics, and hosting
zone meets. Moran stated the Iowa City Swim Club
was sponsoring the Junior Olympics meet, and he
would be attending an upcoming meeting to discuss
the other items. Vanderhoef stated she would like
to schedule a park tour this year; this item will
be put on next month's agenda.
Brandt stated the order of next month's meeting
would be changed, to reflect discussion of this
proposal to be held at 5:35 p.m., with public
discussion beginning at 6:30-6:40 p.m. He asked
commission members to be prepared to make a final
decision. Bender stated he would ask the group to
furnish him with the survey results one week prior
to next month's meeting, in order to give the
commission time to review them prior to the
meeting. Vanderhoef stated she would like to get
an update on what the school's policy will be with
respect to use of the building, with Bender stating
it would be difficult to determine this in the
absence of a specific request for use. Bender
stated the School District's philosophy is to make
maximum use of its facilities.
,':
t:1\
\;J
'. ,i".l
8
, ,
!(Lo
-t.. .
-"
-,'
I Lf1 , '"
j^"'.."'''''..'..''.... .'"" '."...'''......--....1'.'.''. '"" .,..-. """
:,,',':0> .,U'- ".,,\" " ",. '.'.,'<: .'i
,Ij ',' ".;.:.'" " . 15.0,
, ' I . ' . '::.; " ',' .' ,'.' ': ,...: ;.' .:.._~;,:..'.;..,..'.".,I ,,;.::
,,\.',
, .....'.
<:,.~':;.~;:;:' 't\::>,..\/',.. .
~':"';I,'
'/," .'
_'./__,;.:.1,;"',..','" .;....
, , '
',. .
.,.
i':.",
,.',..A..._._---'.'.... .
with respect to City Park, Egeland indicated the
park is looking great. Brandt stated at one
commission meeting Guy Drollinger indicated he
would be planning an appreciation day, and he would
like to follow-up on this.
Brandt asked if staff checked into installing a
basketball court in Wetherby Park, with Trueblood
indicating it was included on the list of ,possible
items the Optimist Club could contribute towards.
Also, staff is waiting to see what the cost is to
replace the basketball court in City Park before
proceeding further.
,
i
"
,'. ,;
,'"
\,
!
COLLEGE GREEN PARK. A rededication ceremony of
College Green Park is scheduled for 2:00 p.m.,
Sunday, May 15, 1994.
CENTRAL BUSINESS DISTRICT STAFF. Sheri Thomas, CBD
Supervisor, had a bicycle accident in which she
fractured her hip, and will be off work for at
least 6-8 weeks; therefore, the CBD crew is
operating short-handed.
,
DIRECTOR'S REPORT: Trueblood reported on the following:
'1..:
'~
~'.
w
OTHER BUSINESS:
Vanderhoef asked if there was any further
information on land acquisition around Wetherby
Park, with Trueblood indicating the land management
company in charge of the property asked the city to
make an offer.
I
'.'1
i
ul
'1
,
!
.-
,
,;.
f;'
(-"\
\
I"
I ~
I
I
I
ADJOURNMENT:
Moved by Pacha. seconded by Bender. to ad journ.
Unanimous. The meeting adjourned at 8:15 p.m.
I
~
,
, "
9
..
I'
,~
I~,
"I
,:
,.,',;.
"'. '1,'.--:.:.,:
'\' ,
;'
.'~ ,
1'171 '::: ..",,'
:j "-~-""'''''''''''''''"-'''-------''''''''-r~-'' I I
. : I,' \\,~, ~) "\' : ' \' I ' , OJ"
." ,r" 0'" :t, "'j' I' ',I" '
, ":'-' C' ;'" ....1'1,;:>. ,.\"" :.'. I,:'" :':J S ',', ;:
.......'..:..' ~... ;,\' 'i",-', ' ,r" ~ ""f~."/~/"t,'h
,,',
-'
'([' ,'~"-' "", ',""'"
. 0 .
I ., .
" '
, ,
" ' ." '.
.b.,""....'-. ...
":,
,.':' ;'-".
,
"I~' . " .-"'" ,-' -:
, "
,\:
,~~ri;)'
\1) \
J\ QJ~
, 0'
(~
\
~
" I
,
I;
I
Ii
i
I ,~
i l
~~
rj~'
,,,,I
'."j
n
1\'
~T:
I"
tr,','=".......
:'L 0
\,
i' .
.'
,
'~t ~ )
, ,\ ..~, ,
,~,
,
-.
.
,:,' '.
MINUTES
INFORMAL MEETING/STREET SYSTEM ITEMS
IOWA CITY PLANNING AND ZONING COMMISSION
MONDAY, MAY 16,1994-7:30PM
SENIOR CENTER CLASSROOM
MEMBERS PRESENT:
Ann Bovbjerg, Pete Cooper, Sally Dierks, Dick Gibson, Jane
Jakobsen, Tom Scott, George Starr
MEMBERS ABSENT:
None.
STAFF PRESENT:
Bormann, Denney, Davidson, Miklo, Rockwell, Haring
CALL TO ORDER:
Chairman Scott called the meeting to order at 7:44 p,m.
STREET SYSTEM ITEMS:
1. Discussion of the extension of Foster Road between Dubuque Street and Prairie du
Chien Road as it relates to a concept plan submitted by Plum Grove Acres, Inc. for
proposed development north of Shimek School on Oaklawn Avenue and St. Anne's
Drive extended.
Davidson said he had received a memorandum from Larry Schnittjer of MMS
Consultants, representative of Plum Grove Acres, Inc., dated May 5, 1994, that states
that the applicant has submitted a concept plan/pre-preliminary plat of a portion of the
area located between Dubuque Street and Prairie du Chien Road for staff review and
comment prior to submission of a preliminary plat. Schnittjer submitted a
pre-preliminary plat to get comments and suggestions for changes, before all the work
that is necessary to submit a preliminary plat is undertaken. This memorandum from
Schnittjer notes that the areas for which the proposed road alignment is to be
constructed are not entirely under the ownership of Plum Grove Acres, which is in the
process of securing an option on approximately 15 acres of the Alberhasky property.
However, this does not include the westerly portion of the proposed road alignment.
Plum Grove Acres asks that the City be willing to participate in the acquisition of
necessary property and the construction of the westerly portion of the street. The
memorandum from Schnittjer further notes that staff has indicated that without the
complete construction of Foster Road, a recommendation for approval of the proposed
subdivision probably will not occur. Plum Grove Acres requests a recommendation be
made to the City Council that it is now time to consider Foster Road as an item of
significant priority, The memorandum from Schnittjer concludes by stating that Plum
Grove Acres is unwilling to proceed with the preparation of a preliminary plat if there
is little likelihood that the City will participate in the construction of the street, and that
the time limitation on the purchase option will not allow for significant delays in the
review and approval process.
Davidson noted the memorandum from himself dated May 10, 1994, in response to
the Schnittjer request. Davidson said the major issue with this proposal concerns the
functional classification of Foster Road. Davidson said Foster Road is proposed as a
collector street and it would clearly have some collector street attributes. However,
with arterial street intersections at both termini, Foster Road would also have some
arterial street function. Davidson does not believe an absolute distinction can be made
as to whether the Foster Road extension would be a major collector or a minor arterial
street. Davidson said the significant design distinction has to do with street width and
J Lf ~O
0'),,':':'
":.... .,."'i"";
"..
.
-
();
,
i.!
.1
r
l' 5 '
10',
"'...,'.. '
l~~",
..f.
"
..C~'
(-<..\
, \
\1
\
!'/'\""~
;' 1\
, '" I
I
I I
I I
! i I
,I I
' I
I b I
1<" I
i,l.e)
, ..../
L_~,,:
fl'- 0 ~-
\,
r i
~
.
"~to
" i,~!.;,
. ,
,~.
~
~.
.
.
:.,,'.
...~._; -.'-'. .'--,.... .'.~'" .
'"
PLANNING & ZONING COMMISSION
MAY 16, 1994
PAGE 2
whether or not direct lot access is allowed. Davidson thought this link of Foster Road
could be established as a major collector street with the following stipulations: it
should be constructed immediately, there should be no extension of Foster Road east
of Prairie du Chien Road, and direct lot access to Foster Road should be minimized.
Davidson felt the entire Foster Road corridor between Dubuque Street and Prairie du
Chien should be constructed immediately so it is not mistaken for a local residential
street. Davidson felt designating a corridor or acquiring right-of-way for the portions
of Foster Road not included in this concept plan is not enough. If the City allows
Foster Road to be established without the connections to Prairie du Chien and Dubuque
Street, there will be extreme pressure once residential development is established to
never connect Foster Road to Dubuque Street and/or Prairie du Chien. Davidson noted
that experience with other subdivisions has shown the City that residential lots are
typically marketed without regard to street functional class and that this can lead to
difficult political decisions for the City Council in subsequent years. Street patterns
may be established for the benefit of a small residential area which are not adequate
for the community as a whole.
Davidson said staff views it in the City's interest from a community-wide traffic flow
perspective to see this corridor established. Therefore, it is appropriate for the City to
be involved in acquiring property not controlled by Plum Grove Acres in order to extend
Foster Road. Construction should occur concurrently with development of the Plum
Grove Acres property.
, '
Davidson noted that there should be no alignment of Foster Road east of Prairie du
Chien that would create a northeast Iowa City bypass. Davidson said this position is
consistent with Planning and Zoning Commission decision-making which dates back
to 1979. Davidson also noted that direct lot access to Foster Road should be
minimized to the degree possible, so as not to obstruct the even flow of traffic.
Davidson noted that there are several large scale traffic issues associated with the
proposed road development. These issues are not created solely by the Plum Grove
Acres development, but the proposed development will hasten the need for the City
to address these issues. First, the size of the Foster Road/Dubuque street intersection
should allow it to be signalized eventually. This will become necessary with further
development of the peninsula area and the upgrading of Foster Road west of Dubuque
Street. The necessity of the traffic signal at the intersection was evaluated a few
years ago in conjunction with the Idyll wild project, and was very close to being
warranted for signalization at that time. Second, there are congested road conditions
on North Dodge Street between Governor Street and Dubuque Road. This corridor,
especially the North Dodge/Prairie du Chien intersection, is among the most congested
in the community during peak periods. The need for capacity improvements to this
corridor is detailed in the JCCOG North Dodge Street Corridor Study, and the JCCOG
Arterial Street Plan.
,I.!
'..
Davidson stated construction of Foster Road will be beneficial in that it will reduce
traffic on Kimball Road and Ridge Road. Kimball and Ridge are under-designed with
respect to any street standards the City has, yet they are the principal collector streets
in this area. And as far as transit usage, Davidson did not project significant transit
usage from the type of development proposed, but thought the extension of Foster
Road would create the opportunity for more effective transit routing in this area.
/ I.J ~O
. '. j5', ~:tt
,- -"'I_'~'" _d
,0 ')",',;"~:""2"
'.-::,-",;;, ,
.,t.",,,,
. , .~,
.,.....'.-"..
I ~ S'O
I'"''
is
~-iJ1l.
"
.1';
~
.
"t
". '.\1, ~
", ..
,
'--
.
,\.,
:,', .
..,,'...,....'...H.. ..~..__. .,_u__.Q.
PLANNING & ZONING COMMISSION
MAY 16, 1994
PAGE 3
Davidson noted land acquisition and assistance in the construction of Foster Road
anytime in the near future would require a reassessment of the CIP priorities by the
City Council. The City does not presently have this project high on the CIP priorities
list. Immediate concerns include the east-west arterial through the American College
Testing (ACT) property, Rochester Avenue, etc.
Davidson noted the development pressure to pursue arterial street projects in northeast
Iowa City has quieted down some. Bovbjerg wondered about the implications and
justifications of bumping another project. Starr asked if this project was moved up on
the CIP, would this include only the acquisition of the necessary land, or the actual
construction as well, and would there be cost sharing involved. Davidson said the
initial phase would concern the acquisition of the land, but the road would be
constructed concurrently with development of the Plum Grove Acres property.
Davidson said it would be more advisable to establish the road up front before it is a
matter of necessity and becomes more difficult to acquire. Davidson stated the City
may pay for overwidth paving on the collector street. In that case, the City would pick
up the cost associated with the additional pavement width beyond 28 feet. The City
may propose a type of tap-on fee beyond the Plum Grove Acres property, such as has
been done for sewering future development.
Jakobsen asked about the possibility of sensitive areas and ravines as she is aware
some exist in the area. Davidson said there are some sensitive areas and ravines to
be concerned with. Davidson noted the approximate location and form are noted on
the Sensitive Areas Inventory Map, but Public Works would need to determine exact
sites and how these may interplay with development.
j
c"'~
\
\
~
,
,
Starr noted that the proposed street appears to go through some RFBH zoning, which
is primarily low cost/income housing. Starr wondered if the proposal intends to reduce
land for this purpose. Davidson said the proposal would reduce some property zoned
RFBH, although it does not displace any existing dwellings. Scott mentioned the
right-of-way on Bjaysville Lane is intended to be expanded. Davidson said Bjaysville
Lane is slated to be expanded with this project, but neither this expansion nor the
connection with Prairie du Chien Road is expected to displace any existing structures.
"
Glasgow said Interstate 80 came through Iowa City in 1963. He had acquired his first
property in the vicinity of Prairie du Chien and Dubuque Street in 1968. He has had
the 60 foot wide parcel at the eastern end of the proposed road on Prairie du Chien
Road since that time. Glasgow said he would be damned if he held onto the property
any longer, waiting for the City to decide what it wants to do up there. He said the
City has 90 days to decide. Otherwise, he may sell or develop the property with 6-7
lots and close off all access to Prairie du Chien permanently. Glasgow said the only
reason he is before the Commission tonight is because he believes the route would be
beneficial to the City. Glasgow wanted to give the City a last offer, but the City needs
to act and condemn land for this to proceed.
i
i I
1 I
I
. I
II
. I
1117.
I'
U
.~
Starr asked what recommendation the Commission would make to the Council if the
Commission felt it would be advisable to proceed. Davidson said the Council would
need to move the item up in the CIP. Bormann added Council needs to authorize staff
to begin work, legal to negotiate, Public Works to examine for sensitive areas and
probable routes, etc. Gibson asked if a CIP amendment is necessary, as the process
may get bogged down. A second alternative is to condemn.
I~' "
!l' ~
..;.'
:'~i 1
{:i~l
L.
i
(, ';:"~ ',-r1':(jt.'AJ. "',-'
. 0 .
'.
~-
;~. 0,.. "".,;,)i,
r'l--;::1JJI!i-
1'"
.
()
l.i
".
,10"'1
U. /,
"".,.;.. I
. ,'.
i~J:1',"
:,"':
.i....-:-"~
I,
[.'
C~\ i
, ~
I
~
, I
I
I I
; !
I
lb.
i I
I. )
~ .::.f
: (
, ,,'f
'I'"
:1,'" ,"
~i ~
[ft',:
.............
(~-"
: 0
"I,
f '-1 fO
'1'-'
,S ,t,
, :".
\,
.1"")
.,.,'
~
.
"t'
, ,'O\li.
, ~. '. 't , ..
1~'
',',-:,
,
.....,..
'.,
.
"
:~. '
, " ,
. _ _......._,..._ """h""'"'''''~''''.'''.''''.''_''''''''' '~,'M'O"_'.",'" "'-_""".___,,_";'..,.,
PLANNING & ZONING COMMISSION
MAY 16,1994
PAGE 4
Dierks asked how much flexibility there is in determining the route. Davidson said its
pretty flexible at this point, but environmentally sensitive areas need to be determined
first.
Davidson mentioned there is federal money available for streets projects that were
proposed for local funding, so CIP priorities may not have to change very much. Scott
questioned whether the project alleviates any north-south traffic, because this is where
most of the problem in this area exists. Scott said the problem in traffic flow is not
so great in terms of east-west flow, which this street would be. Gibson said the road
wo'uld be terribly important for the area, as it would redistribute much of the traffic
currently bottling up on Prairie du Chien and Dodge Street. Davidson reiterated that
the construction of Foster Road will be beneficial to Kimball Road and Ridge Road.
Kimball and Ridge are under-designed with respect to any street standards the City
has, yet they function as the principal collector streets in this area. Davidson added
the reason the stree't would be defined as a collector street is because it is envisioned
to handle 2,500 vehicle trips per day or less, Scott did not see this route as solving ,
much more than short-term traffic problems in the Prairie du Chien/Dodge Street area.
Scott said that there are severe environmental constraints in'the area. Perhaps the
road network should be cut back. Perhaps a lower density with larger lots is more
suitable. Perhaps the road does not need to go all the way through. Gibson said the
City needs the political courage to stand up and determine where the street should go.
He said he is tired of having the developer determine where the streets should go. The
end result is usually a boxed-in street that goes nowhere.
It was asked by Rhodes, a member of the public, whether an OPDH may be
appropriate for the site. Scott said he would love to have an OPDH for the area, but
this is virtually impossible as the City does not have the capacity to require an OPDH.
Rhodes also noted that the Sensitive Areas Map shows the existence of some very
steep slopes and wooded areas in the vicinity. Rhodes urged the Planning & Zoning
Commission to encourage tile developers to come up with a planned area
development that would concentrate the dwelling units in a small area, preserve a
significant amount of open space in the more sensitive areas, and give the City a
transportation artery in a more appropriate place than is presently planned. Dierks
requested to know the extent of these sensitive areas and their position in relation to
the alignment of the proposed road.
Another member of the public mentioned that the Riverfront and Natural Areas
Commission has examined the area carefully and has determined there are sensitive
areas that need to be taken into consideration. He said these plans should be referred
to. Starr said if the area is only developed at an RS-5 or RS-12 density, it behooves
the City not to provide streets through here such that planned development cannot
occur. Starr said that this area can provide more than 200 acres of RS-12
development, and asked the process involved in achieving il zoning change. Bovbjerg
noted the north wastewater treatment plant is ~Iready at capacity.
Glasgow said the only way possible to develop a sensitive area is with multi-family
dwellings, and that this would not be possible with an RS.5 Zone or individual lots.
Glasgow said he does not have the time for OPDH Mickey Mouse maneuvers. If this
is the direction the Commission decides to go, he will go in and cut down all the trees
before he ever submits a plat. Gibson noted Glasgow is not making points with him
or the Commission by making such comments. Bovbjerg said she did not understand
r- '.
, -',
---
'.--'
)' .""."..."'"",'..""" ,....",,,,..,,.,,..,....
o ,,' ,',':.\\:~.:':.".t' . \. ",
" \ ",~:L,:' .:.)':\:: ".':... .. ,
-,
-
"
"..
.
A....
).(
"
10,
,"'i,,,'i..r, '
~:
r
,
r
\'
.'-'.'.\
( ,
I
\
\
~
, r.
, I
"
I
I I
I
I
, i
, I
I ~:
'I.
I'
, I
I'
! I
,~l,~)
'~ '
, ~
"',': ~
J.;li'
it~
\(-=- 0
!lIg0
"T'"
'/t . t.. ~
... ~)
.,
.I"i
.', .
,t",\I"
, ,
','
~
.
..;.
,
~'I. "
.
:.' .
.' ".-",,-.
PLANNING & ZONING COMMISSION
MAY 16, 1994
PAGE 5
the air of immediacy pertaining to this project and felt pressured. She requested more
information from staff and Public Works.
Cooper made the recommendation that staff evaluate the situation. Bovbjerg said that
should a recommendation be made, staff should keep in mind an environmentally
aligned route. ,Bovbjerg also suggested the process should happen in steps, with the
acquisition occurring one year, the road construction the next, as she does not feel the
necessity for this to occur overnight. She asked, if the land has been sitting there for
30 odd years with little pressure for it to develop, why should development be forced
,to proceed overnight.
Glasgow said there is the option of opening up the ends of Buresh, Oaklawn, and St.
Anne's Street to provide a means of secondary access. Glasgow intends to develop
single-family lots. This would result in an approximate RS-5 or RS-8 density. Miklo
reminded the Commission that Glasgow has the option to build the easterly portion to
City standards, but the westerly portion is not constructed to City standards. That is
the issue. Davidson said the City would like to have the road come through to a
signalized four-way intersection at Foster Road and Dubuque Street. Davidson said the
connections with Buresh, Oaklawn, and St. Anne's are not clear at this point.
Glasgow said secondary access via Bjaysville Lane may be possible as he has acquired
an option on the street from Alberhasky.
Scott said that he would write up a recommendation for the City Council regarding the
extension of Foster Road. He said if the developer comes in with a subdivision
proposal that shpws an alignment of the proposed road that is acceptable to the City,
then the Commission will recommend to the Council that the City acquire the
necessary right-of-way to complete Foster Road to the intersection with Dubuque
Street, and that the City may need to condemn land to acquire this right-of-way on the
western portion of the proposed road. Scott said the item would appear for
consideration Thursday night at the May 19, 1994, formal meeting of the Planning and
Zoning Commission, under the category of "other" on the agenda.
2.
Discussion of the incorporation of an east-west arterial parkway into a preliminary plat
submitted by Sycamore Farms Development Company for Lake Calvin Estates, a 161
acre, 376 lot residential subdivision located south of Highway 6 and Bon Aire Mobile
Home Park.
Miklo noted that staff had received a partial preliminary subdivision plat for Lake Calvin
Estates, which is proposed to cover the northern portion of the Sycamore Farms
annexation area. The annexation has been approved by the City Council and
forwarded to the City Development Board. The City Development Board's
consideration of the annexation has been deferred at the request of the applicants.
The conditional zoning agreement for this property and supporting documents,
including a wetlands mitigation plan, conservation easement, and wetlands delineation
and conservation values documents, have been reviewed by the City. However, the
supporting documents have not been finalized. They require several corrections and
clarifications. The zoning cannot be approved until the City Development Board acts
on the proposed annexation and the conditional zoning agreement documents are
approved.
-
..
.)1W
-
-
']',,',...,.,',,
....'.- . ,..i'.,
o
~-
,..
f
, .
..
I
o
1
',I.!
lo,
,."","',,. 'I
l~fO
I ',-
:I~
. '
\,
.?r&~j'
" i
','
,
'~'? '.
.
::',
PLANNING & ZONING COMMISSION
MAY 16,1994'
PAGE 6
The applicants have requested that basic subdivision design issues, including the
location of an arterial street, be resolved prior to the annexation being approved, and
prior to completing the preliminary plat application and the required supporting
documents.
As designed, the preliminary plat of Lake Calvin Estates has access to Highway 1 via
Heinz Road, which would travel to the south and intersect with Calvin Drive, an
east-west street. The proposed east-west street would travel the width of the
subdivision from the RFBH zoned area to the RS-8 area. Another north-south street
is located in the RS-8 area and would connect with Whispering Meadows Drive in the
Whispering Meadows subdivision. A series of residential streets, including private
RFBH streets, intersect with these streets to provide access to individual lots. It
should be noted that, as currently designed, the through-streets described above ,also
provide access to numerous individual lots.
As designed, the proposed street network for this subdivision is undesirable in terms
of neighborhood design and in terms of creating a street network which will circulate
traffic within this and adjacent neighborhoods. The proposed street network creates
a major thoroughfare through the neighborhood which will function as an arterial, but
will not be designed to carry future traffic volumes. Staff believes it is important to
establish an east-west arterial street to serve this and adjacent developments. In
addition to serving developments in the immediate area, such a street would be
important for the overall street network of southern Iowa City.
r
,
r'
.\
(~.~
'\
~
,"i 1
Staff envisions the east-west arterial as a minor versus a major arterial street. It
should be designed as a parkway which would include a buffer strip between the
development and the Snyder Creek Bottoms. By incorporating a buffer strip and an
8-foot wide sidewalk on the south side of the right-of-way, the recreational needs of
future neighborhoods in this area could be partially addressed and the aesthetic and
environmental values of the Snyder Creek Bottoms could be enhanced. In addition to
accommodating general vehicular traffic, the parkway would provide a transit route
and would incorporate a pedestrian underpass and a pedestrian and bicycle route for
the neighborhood .
"
In the absence of an east-west arterial, staff anticipated conflicts between traffic and
residential development within the proposed subdivision. As designed, numerous lots
have direct access to streets intended to carry traffic through this neighborhood. This
may make these lots undesirable' and will lead to conflicts between driveways and
through traffic. The Lake Calvin development alone is anticipated to generate
3,500-4,000 vehicle trips per day. This will exceed acceptable limits for collector
streets, which staff feels should not exceed the 2,500 range. These vehicles will be
forced to use residential and collector streets shown within the development if a
properly designed arterial street is not provided. In addition, adjacent developments
can be expected to generate additional traffic onto these streets. The street network
established with this subdivision can be expected to continue onto adjacent properties.
Therefore, the design of this subdivision, if approved, may have negative
consequences for adjacent properties as well as the individual properties within this
subdivision. '
, I
I,
, I
. ;
If
I I.
, ;
[I
, I
\ \ '
~
" b~f
1{;~'
I i~~
I~~~'
L.~
Miklo said staff proposes the development incorporate an arterial street along the
southern border of the development. This street would be designed with no access
'rt--'o"~'~='~ :
']'....','
.0 ..,
....' ,:::.:'
---,,~
-
::::B..., _
".'
.
..
,
,
I
,I
,1.1
..~.d..
)~~o
J'"
'is I,'
A
. .,-,;'
.. .
\,
ElEIi:JJl,
!,
~. j
"t
','>\\1
... .,
. ....
~
.
....
.'
"-
.
-..--.:..""..
:~ .
-, ,_.....~.. ....., ~._.-
PLANNING & ZONING COMMISSION
MAY 16, 1994
PAGE 7
to individual lots and limited access to local streets. In this way individual properties
would be buffered from the consequences of being located adjacent to an arterial
street and the intersections designed in a way to minimize traffic conflicts. As the
neighborhood becomes fully developed, the arterial street would be the preferred route
of motorists entering and leaving the neighborhood and traveling past/around the
neighborhood. In the absence of such an arterial street, traffic from this and adjacent
developments would effect a more extensive area and individual residential lots.
For these reasons, Miklo recommended the proposed subdivision be redesigned to
include a parkway along the ridge on the north side of Snyder Creek Bottoms. The
design of the parkway would include two lanes with 31 feet of pavement, built within
an 85 foot right-of-way. The pavement width would increase at intersections to
provide for turn lanes and bus pull-oft lanes. An underpass would be included to
provide pedestrian access to the conservation easement located to the south. The
parkway should include 8-foot wide sidewalks and should ,incorporate designs for
pedestrian access to the Snyder Creek Bottoms.
Miklo added the Commission need not take formal action on this subdivision, but has
been asked by the applicants to indicate whether or not there is a consensus among
the Commission regarding the location and design of an arterial street in this
subdivision.
Scott said at issue here is the definition of the street to be used. If the Commission
decides to go with an arterial street, this would likely be a downgraded version with
40-foot setbacks, but still incorporating no direct lot access, and minimal street
entrance and exit availability to the neighborhood. If a collector street is chosen, this
would likely be a collector upgrade in which direct lot access would be minimized, but
neighborhood street entrance and exit patterns would not be restricted.
,
!
..\
(~..
\
\
Jakobsen said she would want collector streets in neighboring developments
connecting to this development. Miklo said this would occur. It just wasn't shown on
this plan. He added that arterials to the west would connect with Sycamore Street,
and to the east with Sioux Avenue. Bovbjerg would like to see the right-of-way made
wider to bufter the ravines and provide better control of storm water management.
,~
r';~~
! t,
Scott believed a thoroughfare is needed as the present plan is insufficient in this
aspect. However, he believed a compromise was in order. Scott suggested a 75-foot
right-of-way, and a 28-foot wide street with bus pull-ofts and turning lanes at the
intersections. He said direct lot access should be minimal, and the street alignment
should run along the ridge along the south edge of the development. Scott said Carol
Thompson had noted a 150 foot setback is required from jurisdictional wetlands and
that a buffer strip is probably appropriate.
t;
i
, I
, I
I
I!
I
I ~I"
, ,
I
I
\ I
~i.,
\,~
:~'~' "
f.l
P
l:t,j"
L.
Gibson felt a parkway was an appealing concept, if direct lot access was restricted.
He thought the pavement width could be more narrow than 31 feet, especially on the
straight away portions, but would incorporate bus pull-ofts and turning lanes at the
intersections. Davidson felt additional right-of-way would be needed at the
intersections. Davidson also felt if an arterial is used, at some point, he would like to
see this arterial connect with other arterials at both ends. Gibson said the size of the
road is something to be dealt with on a regional basis.
{(~;~=~~- -- "
":~' ~
:
,', ,0>.,],,:-
,
,
...
..~..:.... .". ..:~:.. ,.--"..--.. ,--,_.... .
,. .-.
..'
.
Q..._..~_..." .
r::\
\:J
! .f
~'d,
,,,,,", .",,'J.
t ~
:
.'
,i-
!"
-;1
.,;
i
..
!
,
j
,
,
i
,
,
,
',~
I,
.,~
n
\
t>-i
r!
I '
, ,
I
t
4[
'I" "
Iliac
. ".,. "";:::;/'.','.:i'O.~(.,.:,.:"::,l],,,., -'":JG,?'j,:?!''"':y",u~':;;c7~:\':.:7'''':r'7'''':'''''';':I~.'.CJ:"':il\:
'.'." ,,',' ",' .".,',J"~".":"};'"'''''' ,\,(..:1,,' \,1'.';1,;."",...".."",: '.' ,r) t.,.;\,H" , . .,',
','.,';. ,.,-, '.':"::"~: 'f':';.',,: :'[.,,',',,,,,..,,: .j~,;+~,:.;':',;':~gi':~;~~\.>-:" ".', , . ,. ,,\..;,,~,'f' ~:.";;:;i:~~::"iL.u:', ),;~
. ':",1'_
. , ' '
,,_-'.. ,;..:.:.i.~':''';':;''''_'''~~~~__~_~''':'~I':';:''.''-''''''';:':';;';''':'.._:.,...,
PLANNING & ZONING COMMISSION
MAY 16, 1994
PAGE 8
Bovbjerg said' a downsized arterial with limited direct lot access would be more
appropriate, that 28-foot wide pavement with bus pull-offs and turning lanes at the,
intersections, a 75-foot right-of-way with perhaps a 40-foot setback would be
adequate. Bovbjerg added that the route on the south side does provide an invitation
of openness to the conservation easement to the south side of the road.
Steve Bright, the developer, said the premise of the proposed roads js to provide travel
for the development only and that the collector streets proposed will do this just fine,
that the purpose of these is to get the people to the arterial streets. Bright said a
parkway to the south would eliminate about 100 of the best lots, and that if the City
feels this parkway would be a community asset, then perhaps the City should pick up
the cost.
Scott said he feels the Council is going to have trouble accepting a full blown arterial
and that he knows the Council will be willing to compromise. Miklo said staff feels an
arterial is needed for proper traffic circulation, that usually an arterial uses 100 feet of
right-of-way, but staff was only asking for 85 feet in this location.
Scott said the south route does appear to impinge on some of the best lots of the
development, so he asked staff to keep designs to the minimum necessary. Scott also
noted that there appears to be a 4-vote consensus to proceed, therefore, he asked that
the plat be redesigned to include: 40-foot setbacks, 8 foot sidewalks, 28 foot wide
streets with bus pull-offs and turning lanes at the intersections, and minimum or no
direct lot access. Scott recommended some modification of the setback requirement
is probably in order. Scott also noted that if the City wishes to have community asset
amenities, then perhaps it should pick up the cost of the oversized road (beyond 28
feet); pedestrian underpasses, and oversized sidewalks. Scott said every indication
that he has heard tonight favors the south route.
Minutes submitted by Jeff Haring.
mins\P&Z5- 16.
o
,/., ..
. I ,'~.
.''''~,
""",,',;';',:'
" ,
',;"
;,..,,'
.....',.. ..
,'0'-
@
2.::;TJ!1l',
,.:..... ..'
,",d ;",
'" ':'.'.
\,
,~ ,".
'~
"
, .':1'.111 '
-', , . .~ " ..
"
.,....
; .:
...
I
,
".
f"
.
.
... ~ ,-",
, ~lYl~
. '
. ._'~,.':-..
'. > ,,:' '.:' .
". ._.~,,- ..,-~,-_.~..,~",~......_~._._....._.,-.,-,-""..-~~~....". .,.'~"",~" ......-..-...-.. -. -.-
MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
THURSDAY, JUNE 2,1994 -7:30 PM
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
Ann Bovbjerg, Pete Cooper, Sally Dierks, Dick Gibson, Tom
Scott, George Starr
i
j
I
I
I
.
STAFF PRESENT:
Bormann, Rockwell, Haring
PRELIMINARY
Subject to ApprOVal ,
MEMBERS ABSENT:
Jane Jakobsen
,
:.a:
RECOMMENDATION TO COUNCIL:
1.
Recommended approval, by a vote of 5-1, with Gibson voting in the negative, of
REZ94-0008, an application submitted by Daniel L. Bray and Lori L. Klockau to rezone
property located at 402 South Linn Street from PRM to CB-5.
~
2. Recommended approval, by a vote of 6-0, to amend Section 36-4(d)(4) of the Zoning
Ordinance to state: "Disability. With respect to an individual, a physical or mental
impairment attributable to, but not limited to mental retardation, cerebral palsy,
epilepsy, autism or another similar neurological condition; dyslexia resulting from an
above disability; or a mental or nervous disorder which constitutes a substantial
impairment expected to be long-continued and of indefinite duration."
3, Recommended approval, by a vote of 6-0, to amend Section 36-4(f)(3) of the Zoning
Ordinance to read, "Family care facility/family home. A community-based residential
home, such as a residential care facility, a child foster care facility, a community
supervised apartment living arrangement, or other small group residential arrangement
that is licensed or accredited, and provides room and board, personal care, rehabilita-
tion services, and supervision for not more than eight (8) people with disabilities, in a
family environment by counselor(s) or a resident family. However, family care facility
does not mean an individual foster care family home licensed under Chapter 237, of
the Code of Iowa."
4.
Recommended approval, by a vote of 6-0, to amend Section 36-4(g)(6) of the Zoning
Ordinance to read, "Group care facility. A government licensed or approved facility
which provides resident services in a dwelling to more than eight (8) individuals not
including resident staff, but not exceeding 30 individuals. These individuals are people
with one or more disabilities, are aged or undergoing rehabilitation; are in need of adult
supervision; and are provided services in accordance with their individual needs.
Group care facilities shall not include nursing homes."
, ,I
i I
I I I'
! I I
'r I
I ('. I
I i
\,\~~
\1..-- ./
5. Recommended approval, by a vote of 6-0, of S-9007, an application submitted by Paul
M. Kennedy for preliminary plat approval of Kennedy's Waterfront Addition, Part Three,
a 30.29 acre, 12 lot commercial subdivision located west of Gilbert Street, south of
Stevens Drive, subject to legal papers for the final plat addressing the provision for
sanitary sewer service to the subdivision and the extension of Southgate Avenue.
CALL TO ORDER:
Chairman Scott called the meeting to order at 7:40 p.m.
_-JI
\~
("-
:" ---~-_--.:.
I LI fO
-~
-
" ':]".:'.:.':':'..:"."..'"
o ' ' ,'.',',
:,::,.,1,,'>"',' i<::;,~<'..'::"" j:,~'>.',:.',..'.'"
,
'S5~' '..16::
-, ","""",'.1,"",
, ;.
\,
YM!.!n-'.
,
\' I
~
.
"r'
, '~. 'I"~
"'r
.
....'
"
,.;,
~
'-,
"..
.
.
..: .
_ ...... .,...,.... '.L"~'.".' ".,.',.' ."..'.,".~'.' ,.:.:_,; ,'-"'-',,,.,-, .'~ ,... ....._...
'..4.
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 2
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA.
There was none.
ZONING ITEMS:
1. REZ94-000B, Public discussion of an application submitted by Daniel L. Bray and Lori
L. Klockau to rezone property located at 402 South Linn Street from PRM to CB-5.
(45-day limitation period: June 13, 19941
Rockwell noted that there had been no changes since the last review of this item.
Staff continued to recommend denial as the request does not comply with the Near
South Side Development Plan. Although this is only a minor adjustment to the zoning
boundary, it represents an encroachment on a clearly identifiable boundary between
the residential properties to the south of Court Street and the commercial properties
to the north.
Public discussion:
r
.r
.-.\
r ,
\
'\
~
I
Lori L. Klockau. 150 E. Court Street, said she is a co-applicant with Daniel Bray.
Klockau felt rezoning this property would merely be a small jot across the street.
Klockau said staff is correct that this property lies in an area that is primarily suited for
residential uses. But, she noted comments made at the May 23, 1994, City Council
meeting when Council members agreed that this area should be reserved primarily for
residential development with "sprinkles of commercial development within the area."
Klockau said her request would be merely a sprinkle of commercial within a primarily
PRM zone. Klockau said she and Bray have contacted property owners within 200
feet of this parcel, and not only does everyone agree with the rezoning, but they are
all vigorously in support of it.
_,I
"
Klockau said the property is already deteriorating. She displayed photographs of the
site. Klockau said the property was residential for years. In 19B5, Youth Homes
purchased the site and put in a lot of improvements, including two new furnaces, two
new air conditioners, a new roof, new plumbing, new electrical, etc.. It will be many
years before this building deteriorates enough to be cost effective to tear it down and
start ,over. The property does require further improvements. Klockau contended if the
property were to remain zoned PRM, it would deteriorate even further. Klockau noted
this is a highly visible area on a corridor leading to downtown. She did not think it was
in the best interest of Iowa City property owners to let this site deteriorate any more.
The impact of the requested rezoning on the PRM zone would be minor. She felt this
would be a spot-zoning request, but would allow essentially the highest and best use
for the property. The properties next to this cannot be purchased and added onto this
property to make it a higher density residential area. Although staff feels the existing
structure may be torn down to house up to sixteen dwelling units, Klockau felt this
was erroneous as it is a very small parcel.
,I,!.
. I
I
I
I
, I
, I
i
, ,
I ~,
ll'
~
. . ~;
.
Public discussion closed,
Scott noted the minutes from May 19, 1994, say "Miklo stated that given the PRM
zone, the zone would allow for eight units at the base density, and this could be
-.'
Iq~o
I:(~__'- "
,_J<
" -
Ilf
,""" '.',.. .' .',,' ',',
,0
),'"..,,;",.
.~~., .' -,"'. ,;'
,""'. ".~." ..-.-.
\ ''''.
, ,
:/5 I
ld:
".",." ..,.
,.'
..
J
(
\
r:q
,
!
I
i I
~ I
I
I [
I ~
II
II
',I
,
, ,~
iJ'1
'a!
..,,)
,\1\
:':r
1"~
([0
. . : ~'t'
\.
;":l
"
"t'
, ... .\\J.~ ,
<~.
"
~
,
"
,
"
~.
.
.
':~ '
:. _.".M....~"...:'..'_..,'~.,. ,..,..,u,,,._....'..;....:..;.':-.:_".:.'~;...... _.__... L'..~...'.;:..,':.....~...'--"_:..._.,,.'-_ ..
..
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 3
2.
..;o.~
increased significantly with bonus points." Scott said Miklo went on to say that all of
the parking would have to be incorporated within the building, and this was not noted
in the minutes.
MOTION: Dierks moved to approve REZ94-0008, an application submitted by Daniel
L. Bray and Lori L. Klockau to rezone property located at 402 South Linn Street from
PRM to CB-5. Starr seconded.
Scott said although he certainly did not come out and say at the May 19, 1994,
Planning and Zoning Commission meeting that he would support the item, he intended
to support the rezoning. He felt the arguments made by the applicants at the last two
public meetings were legitimate. Scott speculated that the City Council may view an
additional change in the boundary of the CB-5 zone to include additional commercial
space south of Court Street. Dierks said in terms of keeping up the condition of older
structures, this would be a good opportunity to upgrade the structure.
Gibson urged the commission to favor the staff recommendation on this issue, to deny
the rezoning. Gibson said, in terms of spot-zoning, this request entails a jot for one
small parcel of land, in an otherwise nice straight zoning line that was thoughtfully
considered. This comes about the closest to spot-zoning that he can imagine. Gibson
also was not sure that it had been demonstrated that the PRM zone is not a viable
zone for this property. The property right adjacent to this property has been developed
with parking underneath, and apparently this is economically viable. Gibson pointed out
if this property is rezoned, there is no guarantee it will continue with the proposed use
before the Commission tonight. Gibson suspected that a rezoning alone would in-
crease the value of the property and would ultimately encourage something else to
happen to the property. Gibson said it had not been demonstrated, nor should the
Commission conclude that the property will deteriorate if it continues to function as
a residential use. This is dependent on the landlord, not the use, Gibson advised the
Commission to be very cautious and not base its decision upon an economic difficulty
that someone had gotten into. He said the lines of a viable zone should not be
changed. Gibson said the Commission should keep an eye a little farther on the horizon
than the immediate proposal before it tonight.
Cooper said he was in favor of the rezoning as he likes the house, does not see that
it will continue to deteriorate with the proposed commercial use, and cannot envision
a better use on the.lot. Bovbjerg said, as it is now, the house blends in very well with
the properties surrounding it in terms of size and lawn. Bovbjerg did not see zoning
boundaries as inviolate lines. Although the Commission should be cautious, she did not
feel this would be an enormous change to the zoning. Starr said although a nice
straight line is handy and easy to read, he did not feel this little jot would create any
insurmountable problems. In addition, the proposed use may be appropriate for this
particular site.
The motion carried on a vote of 5.1, with Gibson votlng.in the negative.
REZ93-0013. Public discussion of an application submitted by Dean Oakes to
rezone a 31.5 acre tract of land located south of Interstate 80 on Quincent Street
extended from RR.1 to RS-5.
Iq~o
IJMl:llifll
,j',.,.~:.,-,::,,,.,:',"
, "0""'"
. -". ',-,' , ..:.-
,... '.. "- ",' "
, .,....:," ;,:'-"".'-,' ...i",,'~;" "'f:':,, .
. \'~I....'."J';'''' .I...<.....~~: . .......~..
"
I'"
i5
..V'
, I
I
'1
I
t:':\
\;I
,I.!
~
Id:
',,' .._".,~ '..,- I:'
'., .
~~:
(;.
"
....-~.,.
,(
(-'\
\
\\
,
1
,
;C~!~
.,
~. I
'~
, .
,.,~t;
" ,I'"
" .
,~,
.'"
,'.,l
,
'~...'
~.
.
~
.
:~ '
_' ~', .,.,;_.,..,.,-, "'.,...~...o":~"""'>'" >,.C.' ",_~, ."~_,,,,,,'.,,,'
.A__...__.._._.....',
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 4
I
, I
Scott noted there is no new information for this item. Staff still awaits resolution of
the sanitary sewer service problems for this and the adjoining properties.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to defer REZ93-0013, an application submitted by Dean
Oakes to rezone a 31.5 acre tract of land located south of Interstate 80 on Quincent
Street extended from RR-1 to RS.5, to the formal meeting of June 16, 1994. Cooper
seconded.
The motion carried on a vote of 6-0.
3. Public discussion of a City-initiated amendment of the definition of "developmentally
disabled" in Section 36-4(d)(4), "family care facility/family home" in Section 36-4(fl(3),
and "group care facility" in Section 36-4(g)(6) of the Zoning Ordinance.
Rockwell said. the current Zoning Ordinance definitions for developmentally disabled,
family care facility, and group care facility were written at a time when group residen-
tial facilities were primarily provided for persons who were diagnosed in infancy or
early childhood as mentally retarded and/or physically handicapped. In recent years
there have been dynamic changes in the whole residential care system. People with
a broader range of disabilities are eligible to reside in these group home settings. The
number of residents, as well as the amount of supervision, has often been reduced so
a more independent setting is provided when appropriate. Funding streams now favor
less institutional residential placements. Recently court cases, State Code amend-
ments and the enactment of the ADA indicate that group residences should not be
discriminated against through the use of additional zoning regulations.
Rockwell pointed out the proposed amendments represent a first effort to respond to
the changes in the residential care system. Staff intended not just to tinker with the
edges, however, but to make the Code flexible and usable over time. Staff noticed the
definition for "family care facility/family home" was tied very specifically to particular
State legislation. Staff felt it would be more effective to implement a more general
definition. Because this particular level of residential care is allowed in lower density
residential zones, it should continue to be limited to eight or fewer persons, Staff also
noted in the family care facility definition that it limited supervision to a resident family
'or counselors. Increasingly supervision in group residential facilities is provided by
non-resident counselors who may stay overnight, but do not reside in the facility.
Staff attempted to clarify this part of the definition.
'.
Rockwell said the definition for "developmentally disabled" limited eligibility to people
who were disabled before the age of 18. However, people can suffer a brain injury or
the onset of mental illness, and other disabilities after the age of 18. Staff felt it
would be advantageous to remove the age requirement.
I 't 80
,~s--,IB,
:-.~
)...,',','..
,,0 " " ',:
',' ,\,':,-.,,'- ;.',.,':-:",'.'
,.;.-......:<';".:."..
.,..:"",.,./,';
-
',"'.
"
;' ,
.'
.
'.
',~t \ 1
' ,I,:
"
.i1i::r.m
',' t
,
"
,..
.
.
:.,',.
.. .
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 5
Rockwell said staff recommended the term "developmentally disabled" be changed to
"disability". The age limitation in the definition of developmentally disabled has been
removed. The "family care facility/family home" definition was changed as described
above. The age limitation for "group care facility" has also been removed, because it
refers now to "disability", rather than to "developmentally disabled."
Dierks referred to the definition of developmentally disabled, which states "With
respect to an individual, a physical or mental impairment attributable to, but not limited
to mental retardation...." She asked ifthe definition would include interim care facilities
for people who are not sick enough for a nursing facility, but cannot be in their own
home. Rockwell said no, the definition states the condition must be "long-continued
and of indefinite duration". Dierks said there are illnesses, such as diabetes, that are
of indefinite duration. Starr understood where Dierks was coming from. He said in
terms of the information from the ADA he had forwarded to staff, the ADA seemed
to be able to handle the definition more easily without specifically referencing mental
retardation, cerebral palsy, epilepsy, autism, etc., etc. Starr wondered whether the
definition of disability currently being examined couldn't encompass the issues Dierks
had brought up, e.g. diabetes. This would be a disability that would be covered under
the ADA definition. Rockwell said this was something staff had examined, but it
appeared too open-ended. Bormann said the definition under consideration mirrors the
State Code. The most important aspect, as far as the applicant was concerned, was
to remove the age limitation. Bormann said staff would like to examine the definitions
more closely. As the ADA has a very complex set of rules, staff felt more time was
necessary to examine this issue thoroughly to address issues beyond the age limita-
tion. Starr said he was in favor of the current changes, although these definitions
need to be examined in terms of the new federal regulations. Rockwell said staff
considers the removal of the age limitation as a first step.
I
I
()
,.
[
r.'~:~
\
"
\
i~
, I
I"
I
I
Ii
, I
j
Gibson said if the definitions are broadened to include shingles, diabetes, etc., as
discussed, it seems to him that this quickly enters the realm of the nursing home.
Although that may not be an incorrect approach, it may be entering into a deeper
aspect of the Code than was intended. He felt such amendments should be thought
out very carefully before any hasty changes were made. Dierks added that Section
36-4(f)(3), refers to child foster care facilities. She wondered whether foster care for
adults, on a day care basis, a temporary thing, or long term, should also be considered.
Starr and Rockwell said this is more of a respite type of facility and is a separate issue
from the current discussion. Rockwell said that one of the reasons she added "or
other small group residential arrangements" to the definition was to accommodate a
"greying" population. As the population gets older, there will be cases where frail
elderly people who have physical or mental disabilities might be able to live together
semi-independently in a residential facility like this. She said the definition should not
preclude these people, as the previous definition did in only referring to children and
young adults. Bovbjerg asked if the five bed facility proposed by Dr. Mosher would
be considered a "family care facility." Rockwell said this is correct.
: .l
",
I:
, k,
, r:.-
.~
,q~~'
I~~ ~,'
'.'! {;
1~t. .
\..",1;.
,
."
Scott suggested that Section 36.4{f)(3I, read, ... "or other small group residential
arrangement that is licensed or accredited, and provides room and board, personal
care, rehabilitation services, and supervision for people with disabilities, in a family
environment by resident family or counselor{sl for not more than eight persons.
However, family care facility does not mean an individual foster care family home
/QfO
,(~l>-_ ~-...,
, 0
\
- _._~~--~-
..-
-.
,',0.
'j':' .
,:.. 'I' , ~:,.:, :':\, '
.,."..".,..,,,.....
r
. , t.
t ,)
, 'I', .. 'i"
, ,
'0,',
"
/lJ80
I .
l'
i':.Urt~J'
,\
\"j
'. ::t ~ \"
. '.
. ,
"....
.
. ~,
.' ,
,
".
.
:,\, ,
;,'-' "'_;'~""'."-' ,. . -.,'...-,':...,', ~.'." ""'.-
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 6
licensed under Chapter 237, of the Code of Iowa." Rockwell said the word "counsel-
or(s):' was moved in front of "resident family" to make it clear that the counselors did
not need to be residents of the facility. Gibson felt this made the definition more clear.
Public discussion:
Craie Mosher. 914 Dearborn Street, Regional Director of Hillcrest Family Services,
supported the changes staff proposed. Mosher said although things appear to be
moving in the right direction, the whole definition could use some overhauling to bring
it more up to date. The proposed changes would allow people with mental illness, as
well as mental retardation, to be served.
Larrv Schnittier. 1917 South Gilbert Street, asked whether the eight residents included
the resident family, or was the family considered to be in addition to the eight resi-
dents, as Scott's proposed changes no longer made this clear.
Public discussion closed.
MOTION: Starr moved to amend Section 36-4(d)(4), of the Zoning Ordinance to read
"Disability. With respect to an individual, a physical or mental impairment attributable
to, but not limited to mental retardation, cerebral palsy, epilepsy, autism or another
similar neurological condition; dyslexia resulting from an above disability; or a mental
or nervous disorder which constitutes a substantial impairment expected to be
long-continued and of indefinite duration." Cooper seconded.
The motion carried on a vote of 6-0.
,"'-1
.(
(~'\
m'!
\
r
, I"
I
I
Cooper moved to amend Section 36-4(f)(3), of the Zoning Ordinance to read "Family
care facility/family home. A community-based residential home, such as a residential
care facility, a child foster care facility, a community supervised apartment living
arrangement, or other small group residential arrangement that is licensed or accredit-
ed, and provides room and board, personal care, rehabilitation services, and supervision
for people with disabilities, in a family environment by counselor(sl or a resident family
for not more than eight persons. However, family care facility does not mean an
individual foster care family home licensed under Chapter 237, of the Code of Iowa."
Bovbjerg seconded.
Gibson said Schnittjer has a point, that the "eight persons" are now left dangling.
Gibson said this could be corrected by moving the "for not more than eight persons"
up above and including it with the "people with disabilities" phrase. Gibson said as the
motion was currently stated he was not sure a person could definitively say whether
the "eight persons" included the people who are giving the care.
: '~' ,
I "
i I'.
i I
\'~,'''''
't~v'
. . r
,
AMENDED MOTION: Bovbjerg moved to amend the main motion for Section 36-4(f)(31
of the Zoning Ordinance to read "Family care facility/family home. A community-based
residential home, such as a residential care facility, a child foster care facility, a
community supervised apartment living arrangement, or other small group residential
arrangement that is licensed or accredited, and provides room and board, personal
care, rehabilitation services, and supervision for not more than eight people with
disabilities, in a family environment by counselor(s) or a resident family. However,
:r.";;;;,~ .'...~-' "-'-.'
)".'......"..'"
" '. ..,,':....... . \
','0'" "
,-'...'.... ":','.:,
,,'Oi ",';, c'
'm~J.1
-.
i '-.-~1
f"
.
a
I.!
.:1"0':
'. ".. " ~ /.'
~~~,'
.\.. , '
"
,(
c-.
\
,
,\
I
~
I I
~
.1
Ii
, I
: I
,
, I
Ii
I ~:,
~
";~'~"
,I,
!;t'~
1-:"
,':::I<-
tr, 0
,~~-
/qgC
r
~~' :,
.,
" ,
" "~t:.\'t:
~
'.
"
,
'.,
.
:,'. '
. .......__..._.._ ..".."...,...._ .r.."..."'"''_''''''''' ..';." ....,.._.,.. _.h ._.,
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 7
family care facility does not mean an individual foster care family home licensed under
Chapter 237, of the Code of Iowa." Gibson seconded.
The motion to aoorove the amendment of the main motion carried on a vote of 6-0.
The amended motion carried on a vote of 6-0.
MOTION: Gibson moved to amend Section 36-4(g)(6) of the Zoning Ordinance to read
"Group care facility. A government licensed or approved facility which provides
resident services in a dwelling to more than eight (8) individuals not including resident
staff, but not exceeding 30 individuals. These individuals are persons with one or
more disabilities, aged or undergoing rehabilitation; are in need of adult supervision;
and are provided services in accordance with their individual needs. Group care
facilities shall not include nursing homes." Bovbjerg seconded.
Starr noted that 36-4(g)(6), also includes the statement, "are persons with one or more
disabilities", and asked whether this should be changed to make it consistent with
36-4(f)(3), and say "these individuals are people with disabilities".
AMENDED MOTION: Starr moved to amend the main motion for Section 36-4(g)(6)
of the Zoning Ordinance to read "Group care facility. A government licensed or
approved facility which provides resident services in a dwelling to more than eight (8)
individuals not including resident staff, but not exceeding 30 individuals. These
individuals are people with disabilities, are aged or undergoing rehabilitation; are in
need of adult supervision; and are provided services in accordance with their individual
needs. Group care facilities shall not include nursing homes." Bovbjerg seconded.
The motion to aoorove the amendment to the main motion carried on a vote of 6-0.
The motion to aoorove the amended motion carried on a vote of 6-0.
DEVELOPMENT ITEMS:
1.
SUB94-00 1 O. Public discussion of an application submitted by Dean Oakes for final
plat approval of Scott's Fourth Addition, a 13.4 acre, 7 lot commercial subdivision
located in Johnson County, west of Naples Avenue and south of Highway 1 West.
Scott said this item was previously deferred pending resolution of the issue of paving
Naples Avenue prior to Council consideration of the final plat. Rockwell said that she
had talked to John Shaw, a planner with the Johnson County Zoning Department.
Shaw indicated the County is very firm in its position that the road should be paved
prior to the subdivision being approved by the County Board of Supervisors. The Iowa
Department of Transportation is requiring language to be included in an agreement for
intersection improvements to ensure that a signal will be provided at the intersection
at some time in the future. Rockwell stated it was her understanding that the County
and the property owners involved are npt in agreement with this. Therefore, a stale-
mate exists as to whether Naples Avenue will be paved in the near future.
Bormann asked whether the, County will hold up building permits as a result. Rockwell
said the County will hold up final plat approval. Scott said the DOT has created 90%
bJ
J..",.'..,'..:'..."""....""
...... "'.
, "
, '
::,' "\:'
-I.~" ".:/ '.,' ,
--q- ,
',0
,..
.
'"
&;I
v
! .~
I [j'~:
'..""..".:1-. .,
,'.' .
,
.~i;rii.
.,1."
"
I
,
! I
I, I
j ~'
'I" I
i I i
~L;
(~.~
~. i
, '. .
.,~ .
~ I \ I I '
.' '~ ,
~
.
,
'-,
.
":~ .
-,....-."...~.._.....~...'-'..... .. "..,.."".:;." "....""..,'~I_-~ "_".._.
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 8
of the problems of access to this part of the highway. DOT will not signalize Mormon
Trek Boulevard. Therefore, the City is obligated to annex this property to signalize that
hazardous intersection. Scott said when the DOT publicly recognizes that the intersec-
tion needs to be signalized from a safety aspect, and they do not signalize, then it
seemed to Scott the liability should lay with the DOT, and not the City or the County.
Bovbjerg asked whether signalization of the intersection at Mormon Trek Boulevard
would negate the need to have a signal at the Naples Avenue intersection. Scott
envisioned what the DOT wanted was to have the access roads to Highway 1 on both
sides of the interchange signalized. Scott said although that was not a bad idea, it
seemed to him if the DOT and the County fail to signalize the intersection of Mormon
Trek Boulevard and Highway 1, a place where an accident is waiting to happen, and
then the State says it would not allow them to pave, because they think a signal
should be there and the developer should pay for this, it is not consistent or fair. Scott
and Gibson felt if the Highway 1 and Mormon Trek Boulevard intersection is signal-
ized, it will not make much of a difference to the intersection in question. Scott said
in the long-term, the DOT would like to signalize roads as they come onto Highway 1
on both sides of the interchange. Scott was not sure these were issues the Com-
mission or the City needed to become involved in. Scott said if the Commission was
inclined to go along with staff's recommendation, the item should be deferred until
Naples Avenue is paved. A verbal waiver of the 45-day limitation period was granted
by the developer's representative, Larry Schnittjer, to June 16, 1994.
MOTION: Gibson moved to defer to June 16, 1994, SUB94-0010, an application
submitted by Dean Oakes for final plat approval of Scott's Fourth Addition~ a 13.4
acre, 7 lot commercial subdivision located in Johnson County, west of Naples Avenue
and south of Highway 1 West. Dierks seconded.
The motion carried on a vote of 6-0.
2.
S-9007, Public discussion of an application submitted by Paul M. Kennedy for prelimi-
nary plat approval of Kennedy's Waterfront Addition, Part Three, a 30.29 acre, 1210t
commercial subdivision located west of Gilbert Street, south of Stevens Drive.
Rockwell said basically all technical deficiencies had been addressed except the
inconsistency between the title and the labeling of two lots on the plat. When this
discrepancy was resolved, staff recommended the preliminary plat be approved,
subject to legal papers for the final plat addressing the provision of sanitary sewer
service to the area and the extension of Sputhgate Avenue. Rockwell noted the
Commission had received a revised plat tonight. After conferring with Bormann, staff
felt the labeling discrepancy still remained. Lots 12 and 13 are listed, but the note
below says that the final plat would include Lots 1-11. This leaves Lots 12 and 13 on
the preliminary plat, but not included in the final plat.
Scott asked why staff wants Part Four, Lots 1 and 2, included in the preliminary plat.
Rockwell responded to make the plat consistent between the title and the note label-
ing. Scott thought the notes specifically eliminated or excluded Part Four, Lots 1 and
2. Scott said the notes say "no additional subdivision of the remaining parcels." This
means that when Part Four, Lots 1 and'2 come in, these have come in as a preliminary
plat. Schnittjer said initially staff wanted him to include the pond and everything to the
north and west, so they could see what was going on out there. Schnittjer said staff
...
.
...
I
I
,I
,
i
.!.
.
I~eo
.
},m.",.... \
..~.::.... 1 .1." '.. " .
-
-
',,-,'.'.., ",.."..,'
."
,0."
r
'J t.
.. ~)
,"10';
" ,'...;..,'.,
~
.
':,:
, . .\ I, ~ ,
I
/:
\
~
,. j
~,
,
".
...
.
.
:: '
. .... '~-"""-'-"'- .
..
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 9
initially approved 11 lots, but not Lots 12 and 13, which will not be included in the
final plat. Schnittjer said the sewer is extended to the south treatment plant, then they
will bring in the future development concept for Lots 12 and 13. Rockwell said staff
does not have a problem with that. The problem involves the labeling and making it
consistent between the title and the plat. Rockwell said the preliminary plat in the
Commission's packets shows the title for only Part Three, but on the plat, it designates
Part Four, Lots 1 and 2. Schnittjer said this was an error he had made. Schnittjer said
he had decided to think of the lots in question as a "future development" part of the
subdivision, but forgot to change the labeling at the top. Bormann said the labeling
should show this, because if you preliminary plat and show all of it, the final plat must '
also show all of it.
,...~
, '
Scott said he has a problem approving a lot that is presently a pond. It is a little
difficult to build on a pond. The plat states clearly that "the filling of the pond shall
not be permitted until applicable permits from the City of Iowa City, Corps of Engi-
neers, and/or the Iowa Department of Natural Resources, as applicable, have been
secured." Bormann agreed with Scott. She felt the lots should be labeled as "future
development." Schnittjer said a label west of Lots 1-5 says this is "future develop-
ment, concept only," and essentially covers the entire area. Scott said the preliminary
plat approval shall consist of only Lots 1-11, Outlots A-E, a dedication of Southgate,
Avenue right-of-way from Gilbert Street to the westerly right-of-way line of the
Crandic Railroad, a 40-foot easement parallel to the westerly right-of-way Crandic
Railroad with Outlots B, C, D & E intended to be sold to adjacent property owners.
Outlot A is intended to be acquired by the adjacent property owner as compensation
for the existing private drive, that is, Metro Pavers private drive. Then the note on the
preliminary plat further says no additional subdivision of the remaining parcel shall
occur until resolution of the sanitary sewer deficiencies. Scott said this refers to Part
Four, Lots 1 and 2. Schnittjer said he would change the labelling back to be consis-
tent.
,\
c-'i
\ '
,\
\
i~
: I,
"
Bovbjerg asked if the intention in the future is to completely fill the existing pond.
Schnittjer said part of the notes are a remnant of more than a year ago, and a permit
has been secured from the Corps to do some filling and shaping around the pond.
Schnittjer said Kennedy is presently in the process of attaining a permit to change
some of the boundaries around the pond. According to the current Corps of Engineers
requirements, the pond cannot be filled entirely; not more than an acre of the original
pond can be filled. Schnittjer said for the Commission's information, there are two
small parcels of wetlands to the south of this subdivision for which permits will be
secured. He said'there is a spot of wetlands to the east side of Gilbert Street. Al-
though that property is not being looked at now, some sort of enhancement for the
area may be looked into. Schnittjer said cleaning up this eastern property may entail
cutting down some trees, and when discussed with the Corps of Engineers, they said
there was no problem with cutting these down, only you can't go in with a piece of
equipment to pull the stumps out, because this would disturb the soil. Schnittjer said
he found this a bit contradictory.
.
I
I
I
, I
I
, i
I
! ,~:
'I'
. '
"i.l,:
,~
~
Richard Rhodes. II. 2014 Rochester Avenue, had some comments about the subdivi-
sion, one of them being about the wetlands. Rhodes felt not having the jurisdictional
wetlands east of Gilbert Street on the plat was a significant and potentially misleading
omission. Rhodes displayed an overhead projection of the site whi.ch he said was the
'i;
'~:
"1'
~: '~~,
I,' "t""),
.I.~
P .',<
.-
\c~_ . ~--~.,;:
-
,0.
",')...~',.".."...,
" ',',"\",
",' :/'" '
r.,\
'".,"'.",,"
/QiO
I
') t. \
". ,,)
ld,
-
..,,-,1
',' "
"
,~",i
..r-:~
.t!
r~'\
~'
id'~\
1. \,
"
I
: j
. !
i i I
I toj
ll,?;..J;-" .
"7f
),
l......
(rJ4
't'L_ 0
fl
~
, ,
'.~t: \,.
"."'1
.'~,
" ,
, ~. "
1
'~...
.
.' ,
,...,-"'+.;.:.0......-.....-.
".'.'. ,'''---...''_..._......"'~...
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 10
preliminary plat given to the Corps of Engineers for the jurisdictional determination.
To quote the Corps letter dated April 22, 1994, regarding the March 30, 1994, site
visit: "A representative of our office conducted a jurisdictional wetland delineation at
the above sites." These wetlands appear on the east side of Gilbert Street. Rhodes
said if the small wetlands appeared on the plat map, then the large wetland should also
have appeared. This should be a discrepancy/deficiency until it is so noted.
Secondly, a trail right-of-way between the Iowa River and Sand Lake had been dis-
cussed. Rhodes felt it was fantastic that an easement was being attained, but thought
this land should be dedicated to the public and the City of Iowa City. As long as Sand
Lake exists, there is no other purpose for it than a riverfront trail, and it is not even
ideal for this.
Scott said even the smallest of wetlands shown on the map is in the future develop-
ment concept. Schnittjer said the reason the area to the east was not shown on the
preliminary plat is because the Corps of Engineers determined that the plat under
review would not affect these areas. Scott added that one of the original plans for the
area had shown a small cul-de-sac going into the area that now shows only wetlands.
MOTION: Dierks moved to approve S-9007, an application submitted by Paul M.
Kennedy for preliminary plat approval of Kennedy's Waterfront Addition, Part Three,
a 30.29 acre, 12 lot commercial subdivision located west of Gilbert Street, south of
Stevens Drive, subject to legal papers for the final plat addressing the provision for
sanitary sewer service to the subdivision and the extension of Southgate Avenue.
Cooper seconded.
Scott said regarding the 30-foot easement, the legal papers for the final plat should
include provisions that this easement would be guaranteed in perpetuity for public
access.
The motion carried on a vote of 6.0.
CONSIDERATION OF THE MINUTES OF THE MAY 19. 1994. PLANNING AND ZONING
COMMISSION MEETINGS.
Scott noted on page 2/ under number S/ the last sentence should say" ",by the benefitting
parties, which may include developers." Further in the same sentence, insert "the" prior to
"public sector," On page 19, the main paragraph beginning with "Gibson" should say "Foster
Road," instead of "Foster Street." On page 20, the second paragraph, line 4/ should read
",,,there is public interest involved in extending Foster Road," In line 5/ there should be a
period after "addressed," and then read "Scott assured.,,"
Gibson said on page 14/ three quarters of the way down in the paragraph beginning with
"Scott added," the "s" should be deleted from the word "exists." On page 19, under the
paragraph starting with "Gibson said," the fifth line should read "".difficult todetermine how
to get the street in"."
Bovbjerg moved to approve the minutes of the May 19, 1994, Planning and Zoning Commis-
sion meeting as circulated and amended. Gibson seconded.
...
.
-
I
) '!
1'180
.
. 0
-.
. ',."',
)'....'.'.".,'
."'. .~ "....',. .
;',;:.'
. i~~,,':,<\:::\ :",:'
. ". "~.'.'.-"" ,.
.
r'
,) to.
" ~)
,ld.
" "."...\'.',;'.1 i
";"\'h\;/\,~:.:~,\i:;.":,,, '
~;"").,,
.;.,:.:.,~~)/".II",...." '
\
;".1
" 1
'.i!
,
PLANNING & ZONING COMMISSION
JUNE 2, 1994
PAGE 11
OTHER BUSINESS:
,\
I
"
,
The motion carried on a vote of 6-0.
Rockwell said that the Urban Planning Division and the Legal Department are experiencing
short-term staffing shortages, due to a combinatiol1 of vacations, conferences and resigna-
tions. Therefore, the dates of the Neighborhood Open Space Committee and Tree Preser-
vation Committee meetings would need to be postponed. She said the members of those
committees would be called tomorrow for rescheduling.
Bormann introduced Sarah Holecek, the new land use attorney. Bormann said Holecek will be
present at the next meeting and will be the sole legal staff at the July 7, 1994, Planning and
Zoning Commission meeting.
.'
;i'
!
, ,
':1
I
I
,,; 1
, I
I
I
I
,...1
Cooper noted that he will not be present at the June 16; and the July 5 and 7, 1994, Planning
and Zoning Commission meetings.
Minutes submitted by Jeff Haring.
\
\
'"
,>
Dierks said she will not be present at the June 16, the July 5, 7, and 18, August 1, 4, 15 and
18, 1994, meetings, although she can be present, if needed, at the July 21, 1994, meeting.
. -1
I
ADJOURNMENT:
,
'I
I
I
!
...:"~
The meeting was adjourned at 9:00 PM.
'I(
G
""'.\
(~',1
"
\ '.'
\
George Starr, Secretary
ppdadminlminsIP&Z6.2.mln
~
~
:,1'
',!
o
",',
1'180 ",". ):/
-':"'~)"':.'~ ~\.~:j/:;'
,'. I.. ',!'., '. ~"\',I,;,r":,:~.,,,~n,.~\,_,,,:',;,~~,,".~,';:,'~,'',",,',:.',. ~,','..'\,::"l,,',,~,,::.:J;~:~~.~'~OP;:,' '. "--:0'-77';~',',',~:,l,'t',":",.:r~~::7::,':,,::,,',~'.:',,:'1 ::: 0' ,',:, . ~\',;(,,;,:"'::'
;..,"',..,.".,:".:,..,:!,;,:!,',:.;,:~~!,:,:'I,~:,'I,;)\,':;."'p. .,':,;I':,~"~~~:~::,'::(, '.' . . 5,'..-..
'. . ..... ,....~,,:,>.;,'::;:,~.;'.r\~;:..,>', '. ..,'~ ,,',,- ,':.. I .,', ;r
""'" "}.,.,,,,"" ," ,." ,')
," '. ' . '. . .. " . .' .: I . " " " '.'...,. ,', ,~," ~"',I-," "" :-'1'~ '!,' :"(
,
, '
~ ,
,
I ~a.mE.:
' ,
i
,
-. I
-~.J
"
,I ..
.j
,
j -
J.
, Lrf'
,
I J./-\. G~
'..1
3.
-, ,
4. /uJ-o.J~)t
!
,'f
" $.
I,
., i
!
i ,.
7.
8.
9.
~
10.
.....,.,::.\..', '''',~!.,.'~::~!'
mmf:..,.:.::j"':"""
,-..~ '
,',
,_'t..., ,"
0"
.;-:.: "
',"', ..
.: ,:::3r\,~'I';j':"
'~ '.....
."
i~.
" ......J
. ,L,
';,
"'" I':,:,
,'- -',
" '
, ,
.'
"..
. '~
, . .' .
. ::. ',.)',' ..' ',,: :'- .. " ; ,',' .~. "'.' ",
,','.. ~.._ __...._ . ",:,.c :,.J, ,._" ~ -. L. ...~......;,.;~...:.._i:", ':. :.... ..;;....:.'~"""i~..'_. .~___ ......
._._.._...,."",:.~A.,..
. ... .... . . ,
...._._.--_.._,----~--,....
, ,
,
.p~
m€Et'nJ~
.:::} . It'JnJ.
.~
, 1':30 'P. m.
'?i€.a.5E. SiS~ IN:
R.ES U.la.R
~Uh~
p.d.a~e.s.s~
~"~l VJ'<1l C'~
--=rl!:LD ~ Qf JJf)-f Lt +(:9/1 frJ. (;~
~1(l S.l:.l(....F.:,~l2-T 'ST
,
I
I
lotC{ ~.. ~. .:t.r ~
,-1.
f,,!,
It.
11.
13.
'#.
','
"
,Ir', '^ ~o -
~-' , ' , '--
t,,' "-",.
: ',", ..
..,r,'" .
" '.',
_.~
:~,'.., ''-;'::; ~I;.;."
-l"~,.."""""'C''''".'''~'''''.'''''"'".'',",''m"-....r-- '....'..'11':'
,"'_ r. :.-" ,.,' ..",:: :',.", ';",l ,,":::,.:' :" ";;:<;:"'::'fr":, !'. ,'..:' '~,,\ ,I' .' :.. .', " ''''''' ':. ':.,,~'.,' , ',' '"i~':'
.".";,:",-"..,0"',1>;"" ,\'1': ' '}5'" ,n"
....',..'..'-:,: .....:'-."."d,...... ./-?'<' ,::'.",.' ,~,." ..v~'-. 1-,"r::""':':'l'.i:.,~:':,~i
'.. "
~ '", ,\
~d i
\
','
,.'- '
,
,....
P'
.
.
, ;~ ," ,
..' ..._~'--. -~'.' .. .,...,--,,' ',.- ,,,.-,,,...... .........~. ..' .~'.",....'"_..., ,..........'.-~, ...
A.. ..._.
w
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
WEDNESDAY, MAY 4,1994.5:30 P.M.
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Trey Stevens, Eric Rothenbuhler, Tim Finer, Roger Christian
MEMBERS ABSENT:
Cordell Jeppsen
Shaffer, Brau, Helling
STAFF PRESENT:
OTHERS PRESENT:
John Jennowein, Lida Cochran, Rene Paine, Doug Allaire, Carol
Spaziani
RECOMMENDATIONS TO COUNCIL
None.
LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION
Cable TV franchise renewal process.
SUMMARY OF DISCUSSION
Shaffer reviewed the progress made on refranchising negotiations following the outline of a
document entitled Cable Communications Negotiations (provided to Council in a packet prior to
Jean Rice's presentation to Council).
o
CALL TO ORDER
The meeting was called to order at 5:30 p.m.
(-
ANNOUNCEMENTS OF COMMISSIONERS
None,
1.1'
rl CABLE TV REFRANCHISING
Stevens explained that this special meeting was called to review the progress of the refranchising
negotiations prior to the City Council discussion of the issue at its May 9, 1994, informal meeting.
Shaffer reported the City's consultant, Jean Rice, will attend the informal Council session and
Commissioners should also attend if possible. Shaffer then reviewed the status of negotiations
I I referring to the documents previously distributed.
j'l
i
I!
B. SUBSCRIBER NETWORK
",
I
i
\
~.
"
,/
1.
Channel Capacity. The Company has proposed a 550 MHz systems spaced for 750
MHz capacity. This means the Company will start with 77 channel capacity and be
upgradeable to 100 channels. It will cost the Company about $8.7 million to build 200
miles of plant.
q.!,
j\;
;;/
I'.,',
'.1 ~.
C' ,
.'
ILJ~ I
:((, ',.:::0-...., 0 ".-
'\.. ..
-
,~_.
. ,0
'j.,'.'~"
,,' ,,'
" rc"..., ,..".........."h..... .
)5,10"
, "'.'1,,",1 ',-,'
'.f .'
\,
~"I'
f.,' ~
" I,
, '~
.
" ,
.' ,'~f\"l'
'\'.l.~ .
"
....~ .
,'i
,
,
, ".
,-' :
f"
.
.
'.',-'
" ":~, '.
__ _..,:....~"'!".,,''',.. .4....,... ..:.<:;."....l..;..."....'~, '..,~'....h.'_..'"... ...'-.u.~..... ",..:' _.
.Q
. r...,.
Broadband Telecomm~nications Commission
May 4, 1994
Page 2
,
i
l
I
, I
I
2, Fiber Architecture. The system is designed for 600 homes per node. The City's
consultant says this is acceptable. About 100 miles of the plant will be fiber, the rest
coaxial. The system will be completely passive which will help reduce outages.
~. Rebuild Schedule. The Company estimates the rebuild will take 18-24 months. A
construction schedule on a neighborhood-by-neighborhood basis will be provided to the
City. Included will be the number of workers to reduce the possibility that someone might
impersonate a cable employee to gain access to someone's home.
4. Construction. There will be a 1-10 ratio of supervisors to laborers. 100% of all drops
will be inspected. A list of contractors will be provided to the City.
. '
,.
5.
System Design Maps & Equipment. The Company will provide the City with system
design maps including design specifications and list of equipment to be used.
6. Service Area. The Company will provide service to all areas inside the city limits
including areas not now served. City Block 81 and the Old Capitol Center will be served.
7. New Developments. The Company will wire all newly developed areas within six months,
three months for aerial. This schedule accommodates winter weather.
8, Subscriber Drops. The City is requiring an audit of 100% of all drops. Free drops will
be provided to public buildings within 300' of the network. The extension policy will
remain the same as it is now,
......~........
" '
r
,,"
(',
\\
'1
9. Backup Power. Backup power has been part of the problems with outages in -the past.
The City has been requiring backup power throughout the system. The Company has
offered a 20,000 watt standby power supply at the head end.
10. Upstream Channels. The Company has agreed to a 1 GHz return line, which is a great
deal of capacity. The return line will be activated from each node. The City will propose
a proportion of that capacity to be used for public purposes. Upstream usage to the City
and Library will be free.
11. BTSC Stereo. The City desires BTSC stereo on all channels. The Company said it will
provide it on all broadcast channels and will provide a proposal for sateilite channels,
excluding channels such as news channels which do not need stereo.
12. Emergency Alert. The Company will offer current service and has agreed to provide a
crawl over the picture when available at a reasonable cost. Currently an audio alert is
uS9d. The City wishes for a visual warning to accommodate the hearing-impaired.
13. Turnover and Preventive Maintenance Plans. The Company will provide a detailed plan
how the transition from the current system to the new system is to take place.
14. Subscriber Friendly Technology Policies. The Company will provide a plan including
the percent of channels that will be unscrambled. Universal remotes will be offered.
Because the rebuilt system will incorporate various converter boxes for VCRs, scrambled
channels, etc., there is a need to make them easy, to use by subscribers.
"
P, .
_on
~.
l'-IrJ
;" 1, "'~',"""'''''''''''''''''' "".."..,......_,..........1.. . ..'.....1. ..,:if
" :,"'\' '.', ".'. '. 0":';
.."...0, "'.." ,........ . , ,'11:;." ,",
, .... - ','. "',1" .,~>'_'_ '.::, . .rC."'~ ",..;.. i_" ,..~:.
C';' -._,,-
, 0 "
~ '
:), , "
........---...." Jl1
~~.;{
- ...--.', '1\"
\,
" j'
~
.
: :i"., .
, :'~W:.
. ~ - ...
:.~.
.';
..c.
" '
.',"1'
,
"
., ,
,
,.'
.
.
.- "
,"
, '
,,--~,,^.._..;-::'...:':'::~;:.'..
. ' ,
.., '. . . .
.. .. :_~.,n~'U'..~,....(.." ~",,,,,,,,,-,:,,<,.,.,:;....",,"~':''''-''_'~''''\' ,.,_. ~,_",..,~..,,,, ,,,.~..'. .......__.. . ...._
A...._....'_..__.
Broadband Telecommunications Commission
May 4, 1994
Page 3
15. ,Converters. The Company will provide a timetable for providing new converters. The
Company is looking at the Jerrold 550 converter which the City's consultant says is a
good choice. Stevens said after the rebuild everyone will have a converter. A digital '
addressable system requires converters. The FCC is moving towards universal remote
standards and the new system will incorporate those standards prior to or at the time of
the FCC implementation schedule.
Finer asked about the need for converters for each TV set in a home and the cost
involved. Shaffer said a converter will be needed for each set and some charge will be
affixed to it, however this cost has not been discussed in detail. Stevens said more
discussion with the Company is needed in this area.
16. Audio Scrambling. In the past the Company scrambled only the video signal. After the
rebuild the audio will also will be scrambled.
17. Signal Quality Problems. Channels 19 and 12 have had problems. The Company will
be moving Channel 19 and claim the problem with Channel 12, the Fox affiliate, originates
with the broadcaster and is beyond its control.
~
.... Stevens said the Ottumwa Fox Channel has been requested. Shaffer said the access
channels will have fiber return lines which will improve their quality. The Company now ,
does weekly checks for volume inconsistency and will add some equipment to alleviate
this problem.
18. Headendlmprovements. Broadcast Channel 2 has had problems. The Company will
provide an analysis regarding elevating the antenna array as a possible solution. A list
of headend improvements will be provided and the headend will be enlarged.
19. Test Equipment. The Company has agreed to permanently locate test equipment in Iowa
City. This should alleviate some technical problems.
20. Underground qonstruction. The Company will be using Iowa One Call. This should
help prevent problems with broken cable, cables not being buried sufficiently deep and
lack of permission for right.of-way construction. The City will develop a permit process
for the rebuild.
21- Outage Reduction. The passive fiber technology will help. In the interim the Company
will do some sweeping at night, monthly testing, replace power supplies on a regular
basis, add backup power supplies and institute a drop compliance program to replace a
drop whenever a subscriber upgrades or downgrades service.
22. Specialized Equipment. The Company will offer closed caption equipment for sale and
i I will be checking into TOD equipment for customer.related calls.
I r:; i 23. New Technology Introduction. This refers to a state-of.the-art clause that will be
\ I I
;.,~) incorporated into the Franchise Agreement.
~ .'
,
.............
Iq~J
,,".,:,' "
-')"" .."...,......"..,..,',"".'..,' .. ",'......."..,.'..-....
"T ': ." \.. ~.:' , .. ." ,- .
0;\, ':): .'. '.' ,
,~." <}:.': :':' ." -,
I"~
'J (;. "
" ..) .
.'1"'''':;
.0,
-~.
, Ir" ,..,. -,-,'- ,..,-
;\.~. 0
'lJrIll
'.
..-
, '-':"'''''...>,'':..:.',
,c~(ki'
,(:
r"
J
~
m"
,
":Or','
I.
,
: '" i
I
I I
; I
I '
Ii 1
I I 1
I ~:. '
i( ,J
lJ
~\'~,l~,
~::~~
-'~
\
en 0'
\,
,~
.
. .
".
71\.\(:
.'
,
"
.
:~ "
. ._.. ....-,_ ,....,,,'.'._.,... _,,,,,_~,, ,.,.. J,-"',:"c: -.., .'...' ~.~, _ ~:",....',...., ','..
Broadband Telecommunications Commission
May 4, 1994
Page 4
C. CONSUMER PRACTICES
1. Outage Rebates. The current policy ;s that for any 24-hour outage the subscriber is
credited for 1/30lh of the bill. The City wanted a rebate for any 4-hour outage. The City
will propose a rebate for a 12.hour outage.
2. Consumer Handbook. A consumer handbook will be provided upon installation or upon
request. A notice will be provided annually of its availability.
3. Payment Stations. There will be three payment stations for consumer convenience.
Finer suggested including a means for electronic payment and/or payment by phone. This
will be brought up, '
4. Telephone Service. Improvements need to be made in this area. Subscribers have
sometimes had difficulty getting through. New FCC rules require the Company have'
seven lines. After 10:00 P.M. calls will be transferred to a central office in Des Moines.
Data on the number of calls and times handled by the transfer system will be provided to
the City.
5. Interrupting Channels for Pay.Per.View. Blough has promised interrupting a channel
for a Pay.Per.View program will not occur, but a TCI corporate decision could override his
decision.
6. Repair Calls. The Company will set up repair calls with 2.hour windows, including after
5:00 P.M. and on Saturday. Phone calls will be made prior to leaving for repairs.
,
7.
Senior Citizen and Disabled Discounts. A 12% senior citizen discount will continue to
be offered.
8.
Installation. The Company agreed to provide standard installation within seven days
unless FCC standards change.
9.
Encore Rebate. The City is developing a proposal for how the Company might
implement the rebate. The Company will be providing additional information.
Late Fees and Disconnects. Actual time frames for late fees and disconnects will be
included in the franchise. The Company wanted the disconnect time frame to be reduced
to 45 days. The City wants 60 days. The Company will not budge on late fees, but will
clearly explain policies to the subscriber.
10.
D.
CONSUMER SERVICES
1.
Programming After the Rebuild. A complete list of channels after the rebuild will be
provided by the Company. The following are channels being considered: WHBF, KWQC,
the Sci.Fi channel, WTN, El, Cartoon Network, Comedy Channel (fulI.time), BET (full.
time), Bravo (full.time), Travel Channel, Mind Extension University, Court TV, VISN, C.
Span II, 24.hour sports, Fox (KYOU Ottumwa), news service on basic, The Learning
Channel, CNBC Sports Channel (full.time), home shopping, and the pay services..
Showtime, Starz and Request II. The Company agreed to conduct a subscriber survey
~-
.. ~i~ .:: ~ l J "..
, ,.0,,:;]\,\":"'''':'
:',,',1',.',',-.-,,,,
- --
".
"..
.
'"
,I.!
'.
I ifi'J
....r.
')t..
" fl.,}
, lIt
-,"",',
" '
lmma
"
\' i
.', .
. .'.h.\l"
~
.
','
....'
,
'..
.
:~ "
.,.- ",."","'. .
Broadband Telecommunications Commission
May 4, 1994
Page 5
prior to the rebuild and the results provided to the City. The City has requested that there
be no more shared channels.
Stevens said the Univision situation has made it clear that additional special population
programming needs to be considered at this time. For example, Iowa City has a large
Asian population. TV Asia and the Disabilities Channel were mentioned,
2. Ala Carte Programming. The Company will offer ala carte programming when available.
3. Interactive Services. The Company will offer XPRESSfXChange, The Company will
connect the schools to the Internet provided the Company can become an end-line
provider. Future interactive services have been discussed, but nothing is on the drawing
board.
E. ACCESS
1.
Channels. The City has required three government channels, three educational channels,
and one for PATV. A proposal by the City for a second community access channel and
a trigger mechanism for additional access channels will be made. The three government
channels include the Library channel, one City video channel, and one for the interactive
service. The three channels for the schools include one for the Iowa City School District,
one for the University, and one for a future educational channel. The educational channel
will be allocated to the Iowa City School District, not the ECC.
2. Initial Equipment. The Company has proposed $1.1 million for facilities and capital
equipment expenditures for PEGL needs. The amount is still being negotiated. This
, amount will be passed through to subscribers. $1.1 million amounts to about .50 cents
per subscriber per month in pass-through cost. The payback period will be 7 to 8 years.
(
Stevens said that this is an important issue because balancing needs to be done between
an increase in subscriber rates and money for access. Shaffer said the Company has
agreed to provide $145,000 annually for public access operational funds. These funds
will continue to be included in the rate base. Stevens said the CTG facility is high priority
for the $1.1 million. Shaffer said PATV will, have to eventually move as the Library wants
the space they currently occupy. There may be some economic efficiencies of scale
consolidating the staff and resources of the access channels into a single facility. Shaffer
said that Blough has said that in TCl's opinion the maximum rate of a pass-through fund
is around .50 to .80 cents. Stevens said most subscribers will be interested in the number
of channels and the cost. Finer noted that extending the payback period to the life of the
franchise would reduce monthly pass-through charges. Shaffer said the pass-through fees
will be a sensitive political issue and the City Council will look closely at this and will be
looking to the Commission for guidance. Finer said the Commission must feel comfortable
that those funds will be well spent and a value for the subscribers.
f~
Replacement Equipment. [included in the $1.1 million]
Interactive Service Channel. [included in the $1.1 million]
Free Drops. A list of public buildings to receive free drops will be provided to the
Company. All the schools will be included.
14tl
',((, =~- 0
"
;?'" YO.
- , ~_" 0,::)','
"',',
. ....- ",.'..........
~.
.
..
O.
,
I,f
~5 110
..f.
. .\
~.~~~~'
\
;"j .'
, '~
,
"
"t.
'''.W' ,
, . ~ "
"
.t:.
.
< ~,
,:'
..
;'.',
,
'"
'-'
-
.
"
..::"
" ...
. ...., _,"'~..'~'.A""'''__ ....__..._. .,,_V".._...~." ,"'." .._~~..__.~.....
Broadband Telecommunications Commission
May 4, 1994
Page 6
6. Services. The Company agreed to support current services with the additions to be
discussed. Such additions might be a pass to the subscribers. The City has asked for :
additional funds for a person to produce community programming.
7. ADA Requirements. The City will meet ADA needs.
8. Equipment Maintenance. Equipment maintenance will be the responsibility of each
channel operator.
9. Publicity Services. The City provided plans for promotion of the access channels and
the Company responded favorably.
10. Optical Transmission Equipment. The digital transmission equipment package needed
to originate programming will be provided by the Company. Each package can originate
8.10 channels so all access channels can use the same package.
11. Access Channel and I-Net Interconnection. This refers to an assurance that those who
will be transmitting a signal or channel will be connected to the system. The City has
provided a list of sites and the Company has provided the cost for connecting each site.
All existing access channels and INET sites will be corrected at no charge. I
12. Converters. The City will provide the number of converters needed for City use, The
CD
Company will provide the converters.
13. Leased Access. The Company will provide its leased access prices.
14. School Services. Discussions have taken place about the Company providing a grant
to the schools in response to a proposal from the schools which will help the school's
j eftort to move into new technologies through the Project SchoolNet.
"
[
....;~ F. INTERCONNECTION
(
,
\ 1. Interconnection Plan. The City wants to ensure that as other community franchises I,!
~ come up for renewal they will have the opportunity to interconnect with Iowa City. The
Company is responsive to that idea if based on a cost-sharing arrangement. local
, ' programming, such as the Johnson County Board of Supervisors, would be of interest in
,1 those communities. The franchise will include language regarding access to the Iowa
Communications Network when available. Coralville may have a remote switching
I capability so the Government Channel could cable cast both the Iowa City and Coralville
City Council meetings simultaneously to each respective community.
II
~ I G. INSTITUTIONAL NETWORK
, I ^,
I'
I
II~:' 1. Fiber Architecture. The City has required six fibers to each site on the I.Net. The I.Net
~ will pass nearly everywhere the subscriber system reaches. The Company will be bidding
on Phase III of the Iowa Communications Network (ICN) so they can be a end-site handler
of the system.
, ,
(~. 0
,~, .-_.
IT
~',
....00):':
.,.,,_..-..."...,....~..........
,
Iqgl ,,'
Ss,ld:
.' . ..,.......,.'.......,.!.,l,
".._',
~l:~.
'j\.
( "
i I
I I
I
, I
I
I ,; I
I .
" f'
,,',
li'.'~:,"',"J
'^' !
"'Iii'
,1i1(/
"
~. '1,,..\,,
L_......
'c~o
\,
,'\ .'
~
.
..,~t ~ "
. .\1;,
" .
'<
,':'
,
"
'.
.
:.'",
......_-...__.,......"._'.,,-,.......,~'...^.__.... "-'-,'-.-
Broadband Telecommunications Commission
May 4, 1994
Page 7
2. I.Net Sites. Clarification on how the Company will recoup I.Net expenses is needed. It
will not be passed through the subscribers. The Company will provide I-Net access to the
schools at no charge. The Company and the City are negotiating how they can help the
schools get funding for their pilot project.
3. Interconnect to the ICN. The City is seeking to interconnect with Weeg. The Company
is willing to assist.
4. I.Net Interconnection to Subscriber Network. The Company will provide routing plans.
The Company will be using the SONET equipment package,
5. Specialized Services. The City encouraged a number of specialized services, the major
one being Internet access by the schools.
6. Promotion. Training on the optical transmission equipment for each of the channel
providers will be provided by the Company.
7.
User Grants for Government and Educational Users. The City encouraged the
Company to provide a grant to help develop SchoolNet. The Company has been
responsive to the idea.
8. Operations. The Company will maintain headend equipment and end users will maintain
their own I-Net equipment.
H. PILOT PROJECTS
The Company is interested only in the pilot project with the schools at this time. The Company
will cooperate on any future federal grants.
I. FINANCIAL
1.
Financial Commitment. A firm written commitment for the financial support needed to
rebuild the system is still needed.
2. Financial Proformas. Proformas have not been provided because the amount of the
FCC mandated rate reductions are not yet known.
3. Records. The Company has provided most of the documents requested.
4. University. The City is requesting an explanation of why franchise fees are not paid on
the University account. This is a long-standing issue between the University and the City.
The University maintains it cannot be taxed.
Stevens noted that the City right-of-way is used to get cable to the University. Helling said
that legal advice received years ago was that money recouped would be less than
litigation costs. '
5., Rates. The City has asked for a projection of rates after the rebuild.
, ,
~.
.
...
I
1
I
I
I
I
i
"
,
.' .!
14il
.....,.1..~.
)"',.,-.......'"""
0'.",.;".]\,' "
...", .' .,
,"",v",,~,_,_,,'-"" ..
LUI!l1m
, ,
~ .s',:l[]"
. ", '-"":\"LI,
,,:~:.~,
...,.,,:,...:,.,".
"
\;
':'
,..
,",
'i,,'
';',
:~
I':.'"
-,'. '
.
. .
.._......__n_...____._... .
..;"......<
.... .. ~_~..-.:;._,,..,,i.~,..,""""""'.....,........._,................""'~~..........;.._.......;..:....:...:.~;..._~,.~.__
'. . ' ' , " , .
- ..,..--_._--~,,,,,;,,,,-,"...:...._~'-";-";--:""'....;'.:. ,'.
Broadband Telecommunications Commission
May 4, 1994
Page 8
J. REIMBURSEMENT OF RENEWAL EXPENSES
. -,
.....\
The City has asked for reimbursement of renewal expenses which have amounted to
about $77,000 (and could amount to $100,000 by the end of refranchising). The
Company was originally reluctant, but now has asked for a proposal from the City.
, '
I
!
K.
TERM
The Company has requested a 15-year franchise in three 5-year renewable options. It
may accept a 1 a-year franchise.
L. TRANSFER
~:
',:
The City has left the unapproved transfer from Heritage to TCI on the table. There has
been no resolution.
'\
,",>
M. DOCUMENTS
The Company has asked that if new entities begin providing video programming in Iowa
City, such as telephone companies, that the City do what it can to provide a level playing
field.
N. OTHER
i
:
i
I
I
,
,
The City has asked the Company to state the value of the fiber connections that are going
to be provided free.
ADJOURNMENT
'l(C-j
l' ,'~
\.'.];'1'.1
\ '
. '.~
\
It was moved by Finer and seconded by Rothenbuhler to adjourn. Unanimously approved.
Adjournment at 7:25 p.m.
Respectfully submitted,
,.
Ii'
S-4blc.mln
I,
l~'
\ ...'
f '-I fl
, ,,'
"j
.' I ~
t: ~
~, '-~~-----'
""'.-,:l"
"!.. ..
','.,.,.'.'".'
:.: .;.
, - . .
~l" ............,.......,.". ...~...._..._.__.-.'....r-..T'" :~I"....:.'i;.
. .... . ::',;"IIi/::,;);O.,,{,,:,;: .ii!:,?,:".,.",......, .....",,' ... ..,'l5~':'! ,r;1"
"f' '.:.', "',.,.'.._,,.,,.,,,.'_,_ ..... "."wl," ;~'I,".!'I:..,\I.I'n''')..:"..., ".' " ".~" .....;. U,("
1 . i ,,:. "" . .. ,.... , . '-' ;': \ ~ . ..... '." - .:. . . """,' " ! . ,".'; ,j " ~"".' I\'~ '.-. .'_':' ' . "1,:
\.:
.;<-:ms'
^
,
'" .~'\
: ~DJ
,;~
(-.
\
\
~
I
"
I I
I I
I
, I
I I
i
I ~:.
: I
\ I
~
\jj
'-~~.,
.',
,,,
,Si "
i'\tl,
'"
" r
,(I" .- 0
:~ . .
"
" I
"'
'..1
. ~t \ - ',;
. . '.~"~ .
','
.-,'
,
'.
.
.
:.'.',
.' .._ ;,.,"...j_...~.-...........~"..__.-..".'_" 'c. _"..._.':h......
.--.- ..._.~...._---...--.........,.-._". ....-
I '-1'/ I
js,lB,
.......",.......1.'1
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
WEDNESDAY, MAY 18,1994 - 5:30 P.M.
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Trey Stevens, Cordell Jeppsen, Eric Rothenbuhler, Tim Finer
MEMBERS ABSENT:
Roger Christian
STAFF PRESENT:
Shaffer, Brau, Helling, Burnside
OTHERS PRESENT:
Pat Braunger, John Jennowein, Doug Allaire, Rene Paine, Casey
Ashe
RECOMMENDATIONS TO COUNCIL:
None.
LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION
Cable TV franchise renewal process.
SUMMARY OF DISCUSSION
Braunger reported the Educational Cable Consortium (ECC) met and elected new officers.
Braunger will be leaving Iowa City to return to international education. Her replacement will
be named by the schools. Rene Paine reported PATV has resumed their staff assisted series.
PATV is hosting the Midwest Re9ion Alliance for Community Media Conference May 20 and
21. PA TV plans to have some workshop participants assigned to a production to give them
immediate hands-on experience and provide volunteer opportunities to work off workshop
fees. Allaire reported the PATV Board has set up a finance committee so some Board
members will always be working on fundraising. A project facilitator position has been
written into the PA TV budget to develop ideas and write grants. Ashe reported an American
Library Association teleconference satellite link to the library was facilitated by TCI. Rick
Amundson has taken another position and will be replaced by Rick Leach. Shaffer reported
he will be meeting with those groups affected by refranchising negotiations such as the
library, schools, PA TV and the Senior Center to coordinate further negotiations. Rice,
Williams believes Iowa City is positioned to get a good deal. The City Council and/or the BTC
will need to hold public hearings on the final franchise agreement. Rice, Williams rate
regulation analysis revealed TCI's basic rates are in line with FCC guidelines. Discussion of
PA TV's contract renewal focused on public access programming (produced by the public) and
community programming - defined as staff produced programs serving a community need,
interest or organization. Some Commission members expressed a need, identified by the
assessments conducted by the Buske Group and Rice, Williams Associates, for more proactive
assistance to serve the needs of community organizations and institutions.
CALL TO ORDER
The meeting was called to order at 5:30 p.m.
~
JrN-
- - -
..."..,..........,
,
o.
",,',
)""'" ,
, .
"
,.,"..,.",
,..
.
~
r,>
,
(})
.I .!
'" .
.
"
. ,
~
.
. ..':r:\I,
" .~ .
"
,
.ct'oii~~.\I
~
'"Of"
"'.
.
f
~ .
....~_._......,_...
Broadband Telecommunications Commission
May 18, 1994
Page 2
APPROVAL OF THE BTC MINUTES
Jeppsen moved to approve the April 20, 1994, minutes. It was seconded by Rothenbuhler.
Unanimously approved.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
"I
I
,
None.
ECC REPORT
Braunger thanked the City for support of the schools during the refranchising process. The
ECC recently held a formal meeting and elected Joan Kettels of Kirkwood President and Ron
Mildner of Regina Vice PresidentlTreasurer. The Secretary will be the representative from the
Iowa City Schools. Willowwind Schools has not responded to any communications or paid
dues for two years and will be dropped from membership. The ECC plans to review the
agreement between Kirkwood and the ECC. Braunger announced that she is leaving the
school district to return to international education. A replacement will be named by the
schools.
Co
o
PATV REPORT
,
.(
(~.
\
',1
1
Paine distributed an article which explained how Buffalo, New York deals with public access
and community programming. Paine also dis'tributed a PATV promotional tape. Paine
reported the staff assisted series has been resumed. Series proposals will be accepted to the
end of May and begin in June. The staff assisted series is a fair and impartial mechanism for
PATV to conduct community programming. Local organizations must show the initiative to
write a proposal. Proposals are reviewed by a committee of a PATV Board member, a PATV
staff member and a member of the community. Staff assistance will be available for six
months; thereafter the organization will need to find their own crew. Staff assistance has
also been available for single programs, if requested, and when time is available. Final
preparations are being made for the Mid-West Regional Alliance for Community Media
Conference to be held May 20 and 21 here in Iowa City. Paine said the annual report shows
there are more organizations and individuals using PATV than one might think from watching
Channel 2. The PSAs serve as an outreach mechanism. The diversity of programming
indicates the broad constituencies being served. Equipment, training and facilities use have
increased. The translation of PA TV's services into the dollar amounts used in the report were
based on conservative commercial rates. Paine said the 300 volunteer hours is a low
estimate. There were about 200 individual volunteers. Stevens asked about the role
volunteers play. Paine said planning on volunteer help is not always possible (because
volunteers are not paid and it is often unsure if they will show up for an assigned show).
Also, volunteer's interest can fluctuate over time. In the future, everyone who goes through
the workshops will leave a deposit rather than pay a fee. They will then be assigned to a
'.
~
, I'
, I"
I
I
I
, I
i
, I
1
I k.
i r:.
i l
\,,'
'i
,:~~/
,il ~ "
~,', .'
~~. ~
L.
Iq~,
IF..... _r r"
'~__O n
-
II""
,:'
,0
;),,"",
,._,......."...H........
'1",'
'j r..
<, ,)
1d',
.:
.. "
,\.'
&~;.u
,~
(
.:\
r-',
\
\
\
,~
r~~l
I r
I
!'l
. I
I k,.
; f.
I'
I
i i
,~~
,
':k~'!
{.;i'j.
9- ~I
I' .
,.1'J;.
,
--
((~~ 0
" I
'"
.
'.~h 'j
,\'.
"", ..
.....
",,'
~
.~~, ,
P'
"
.
:,' "
.~_..: --
Broadband Telecommunications Commission
May 18,1994
Page 3
~
~
i
production. By initiatin9 this type of apprenticeship system more productions may be
produced. By making better use of volunteers and giving them hands-on experience right
away, it is less likely they would feel intimidated to take on a project entirely on their own.
PA TV has formed an organization, Friends of Public Access, which will be used in fundraising.
Some producers have shown interest in soliciting sponsorships from local businesses. Allaire
said that the PA TV Board of Directors has set up a finance committee so some Board
members will always be working on fundraising. Paine said PATV is continuing to pursue
grants. A project facilitator position has been written into the budget to develop ideas and
write grants.
, I
LIBRARY REPORT
Ashe reported the pedestal behind the library has still not been elevated. TCI provided a
satellite downlink to the library for an American Library Association teleconference on May
12. The library has produced several PSAs and provided them to TCI for playback. Rick
Amundson has left the library and has been replaced by Todd Leach. Ashe is working on
some problems with the new PA system in Meeting Room A. More organizations have been
using Meeting Room A to cablecast their meetings and events.
LEGAL REPORT
b
Burnside reported she is reviewing PATV's guidelines and expects to have them completed
soon.
TCI REPORT
Shaffer said Bill Blough has beenvery busy with numerous meetings related to refranchising.
CABLE TELEVISION ADMINISTRATOR REPORT
Shaffer reported that the Midwest Region Alliance for Community Media Conference organized
by PATV and the City cable TV department was accomplished on a short timeframe because
another city had initially committed to be the host but had to withdraw. Shaffer noted that
a PA TV PSA was cablecast on TNT during the NBA playoffs. Shaffer said the PSA was very
well done. Shaffer and Helling met with the schools to discuss their interest in refranchising
and will be meeting with various groups to move towards completion of franchise
negotiations. The City's consultant, Jean Rice, recently gave a presentation to the City
Council. The Council seemed receptive to the progress made towards refranchising. Shaffer
has been working with Johnson County and their new staffperson assigned to cable TV
issues. Johnson County is pursuing becoming a franchising authority. Shaffer has been
meeting with PA TV to discuss their services and other contract renewal items. Shaffer said
that while the University of Iowa has not had an active role in refranchising, they have taken
a lead role in putting together a grant proposal to the National Telecommunications and
Information Administration. The grant proposal includes the Iowa City schools, the library,
the City, TCI, the University and others. The grant would be used to develop plans for the
on and off ramps to the information superhighway. The City Cable TV Office will serve as
a judging site for the National Alliance for Telecommunications Officers and Administrators
! .!
ILfrl
-
-- '-
'"0
<1,',."
~,.' . ':.'
:.,'
..,..,....
'\
,ld.,
I
is
. '
.K..~i.
"
i;'
.:\
(-',
\
\
i~
, I"
I
I
I
;
,
, ~.
i I'.
!
\ 1
~J'
,1
!~,
'~'. '..
!,; ,~\
"'j'ill
i,i\,.,j\,"'II,
(' ~~'
I '
L_..
(!-.....""~
:\.._-~~
'Lf~'
?S,lo,
" ,
..
.
"t
'\\':,
,
".
, '
,
:,1',
. ,. ....,-.,..,-".... -
Broadband Telecommunications Commission
May 18, 1994
Page 4
national video contest. Shaffer reported eight complaints, five about Univision, one about late
fees, one about a delay in connection of service, and one about poor signal quality.
.
CABLE TV REFRANCHISING/RENEWAL
Shaffer said negotiations are moving towards completion. Jean Rice believes Iowa City is in
a position to achieve a good deal. The agreement still needs to be put in writing and work on
the new ordinance is proceeding. Meetings with organizations which are a critical part of the
agreement, such as the schools, PATV, the Library, the Senior Center, will be held. The
agreement will come before the BTC for suggestions and recommendations before going to
the City Council. Public hearings will need to be held by the BTC and/or the City Council.
The entire process will likely be complete in 3-4 months.
RATE REGULATION
Shaffer reported Rice, Williams' rate regulation analysis found that TCI's rates are in line with
FCC guidelines. To pursue it further would require an audit. Given the results of the rate
analysis it was decided an audit is not necessary at this time, but may be conducted on a
random basis in the future. Given the complexity of rate regulations and the changes
frequently made by the FCC, it may not be possible to train City staff to conduct rate analyses
in the future and assistance may be needed each time rates are reviewed.
PATV CONTRACT RENEWAL
Allaire clarified that in his opinion "public access" refers to training and making equipment
available for groups or individuals to produce their own show. "Community programming"
refers to programs being produced by PATV for some group in the community such as PATV's
staff-assisted productions. Paine said an or9anization still needs to approach PATV for
assistance and as such differs slightly from community programming. If PA TV were to solicit
organizations to have programs produced, they would be actively making choices about who
gets help and who doesn't. Currently the staff assisted series programs require organizations
to approach PATV and as such PATV does not play an active role in making those choices.
Stevens noted that the community needs assessment and the Buske workshops showed that
there was a community need for organizations to have access to production assistance.
Shaffer said he disagreed with Allaire's definition of public access. He said many people, such
as Sue Buske, see community programming as just one part of public access. Sue Buske
essentially started public access in the U.S. in 1974. Shaffer called Buske and Jean Rice of
Rice, Williams to confirm this perspective. Stevens noted that the Rice, Williams community
needs assessment and the Buske workshop showed a perceived community need for
production assistance. Paine noted that the survey question may be misleading. Most
organizations would not turn down tree publicity. Stevens said that many organizations
indicated they would pay something for such assistance. Paine said there is a differing of
philosophies - paid production assistance is the role of production houses. Allaire said PA TV
should not evolve into a cheap production house. Jeppsen said outside payments can help
to defray costs, which in turn help support the overall mission of PATV. Allaire said PATV
would need more staff and equipment to support more community programming. Shaffer said
Tuscon, Chicago and Davis, California are all facing similar situations to Iowa City's. In one
---"r~
0,')'
,\\
,--' -
,..
.
~
"
,I
I
I
b
: .1
"
. ......',.., /. ,
;~~f<',Vp:,,'
.,
'.,
':'.)'.::.::'/...:r:'i':.
, ".t,\,;,
, ",,;",'1,:..
".!f,
,
. , :;- .-, ,...,..:'....
_.._.~._:....__.......,.......;._"...:-.-~_;:_-_::.~..~'~"'iI."- "~,''':'
Broadband Telecommunications Commission
May 18, 1994
Page 5
,
,
I
':'1
, ,
instance a Hotline Studio was set up that only certain organizations can use. The studio is
highly automated and a fee is charged for its use. Davis has an extensive intern system
providing experience for 18-25 students per quarter, In addition, a great of assistance is
provided in helping to match interns with organizatio~s needing assistance. Paine will supply ,
a list of all programs produced in the last year broken out by community programming and
public access. This will help give the BTC some indication how, much community program-
ming has been done by PATV.
'.
:.'\
PUBLIC DISCUSSION
None.
ADJOURNMENT
It was moved by Finer and seconded by Rothenbuhler to adjourn. Unanimously approved.
Adjournment at 7:02 p.m.
\',
. ,..\
"
"
. :.
.
,
(
,
, I
,I
i
Respectfully submitted,
','.!
~~
W . ew Shaffer
Cable Television Administrator
;
i
,-I
i
I
.
!
Iblc5'18,n1ln
i
,
i
(~
.~!
\~
\~
';~l
I
i
~ '
I
I
!
,1
o
,'.../;,t.;i..,:::,{;'>O),::.:t...:.
.<:
....:.,: ;.:",~I~'D.l:,'
'~ ..-.........."';l,l..'\'.,.',.."i'J,.~.. :l:"o;o;.-.<:7.I""~";o""''''''''''''.''''.~''''-r.'p.-~-,.._, 1 . "".., 11\'
:\\lI'j.,"'?:,',,)'>, ,."..':;' "",.:15' ),\".,' ,'.rwi
\1,1,',.,\"<'-""")"-"'" ::":,.,"-',,:.." :'. ~,....;.....,."u?",
~,f' ' .., ".r"~'"'''' ,,'" t", " - " ,. .,,' .,',.~.....I...i,,;,:.I:..," h
Iqfl
\