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HomeMy WebLinkAbout2007-06-05 Bd Comm minutes MINUTES Iowa City Airport Commission April 12, 2007 Iowa City Airport Terminal- 5:45 PM Gl[ FINAL Members Present: Howard Horan, Chair; Randy Hartwig; John Staley; Janelle Rettig, Greg Farris Members Absent: Staff Present: Sue Dulek, Michael Tharp Others Present: Tom Schnell, Dave Larsen, Gary and Sharon Lust DETERMINE QUORUM: Chairperson Horan called the meeting to order at 5:47 P.M. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM THE FOLLOWING MEETINGS: March 8, 2007 and March 28, 2007: Hartwig noted that Karin Franklin had not been at the meeting on March 8th. Rettig recommended striking a sentence from Item B on the March 8 minutes. Dulek recommended to include the closing of the public hearings on the March 28 minutes. Staley moved to accept the minutes as amended of the March 8 and March 28, 2007, meetings; seconded by Rettig. Carried 5-0. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: A) Aviation Commerce Park - Horan noted that Harry Wolf wasn't in attendance, and gave a brief update. He noted a closing date for Lot 5 of April 17. Dulek commented that there was some minor title objections, and those would require some city staff to sign off on. B) JJR Davis - Drainage Easement - Tharp noted that Dave Larsen gave them some preliminary plats to review and gave a quick overview of where they are now. Tharp stated that they now have an offer for the easement. Hartwig stated that according to David Hughes and Earth Tech, there shouldn't be any problems with this easement and what has been proposed. Horan asked what the Commission needs to do at this point, and Tharp stated that they need to get the FAA's approval, which would encompass a fair market appraisal of the land, first. After this, the Commission could then discuss the offer. Rettig brought up some I Airport Commission April 12, 2007 Page 2 of5 concerns that she has on the proposed drainage easement. She stated that she would like to have more information onjust how this drainage easement will affect things in the future. Dave Larsen then addressed some of Rettig's concerns regarding the drainage, and how things are currently being handled with run-off to the creek. He also reminded the Commission of David Hughes' comment at the last meeting, when he stated that this easement would actually improve the hydrology of this area. Larsen then gave the Members some history on this particular drainage easement and how they were waiting for specific things to get done by the Airport before they could proceed. Horan asked for more specifics on why this easement has become an issue at this time. The discussion continued, with Rettig stating her concerns again, and saying that they need something to show them that this will not create any problems in the future. Tharp addressed Members' questions about how they should proceed at this point in getting FAA approval. Dulek noted that Mr. Larsen would be responsible for the cost of engaging an engineer for this project, as well as obtaining an appraisal. Rettig stated that there are basically three major concerns: flash flooding, back-up flooding, and wildlife, which have to do directly with the capacity of the creek and how the run-off will affect the area. Horan stated that he feels they don't currently have everything they need in order to address this, at this point. Members agreed, with Rettig stating that once they have this information, she does not see a problem moving forward. (TAPE ENDS) The discussion continued, with Larsen asking Dulek for some clarification on costs incurred for this proposed sale. Horan restated for the Members the contingencies as he sees them: hydrology report (buyer pays); the appraisal (buyer pays); and the Willow Creek Study results. C) Dean Thornberry - Proposal for Hangar Construction - Tharp stated that the subcommittee has met to discuss Dean Thornberry's offer. Tharp also stated that the subcommittee understood the offer to be that Thornberry would loan the necessary funds to the airport, to be repaid over time. He gave the Members some details about what they have found so far, and that the option of extending an existing hangar was also researched. Hartwig stated that according to what they found out, it would be at least a 6-month delay before they could even begin building. This led to Members discussing the best options for them at this time. Rettig stated that they should survey all of their tenants, especially the larger ones, and do some creative thinking about what they would like to see in the future, and then put together a comprehensive plan of what they would like to see. She would prefer to do some planning before they spend $300,000 to $600,000 on a new hangar. Tharp spoke to the perception aspect of the Airport - that the airport currently has a debt load and they do not want to seek an increase in the subsidies they receive. The discussion continued regarding how they could provide more hangars, while still covering their debt load. Horan asked if the Members were all in agreement that for now 2 Airport Commission April 12,2007 Page 3 of5 they do not want to proceed with the Thornberry proposal. This led to a brief discussion about the feasibility study being done. Members then discussed how a donation to the Airport would be handled. D) Tom Schnell- University of Iowa - Operator Performance Labs - Schnell addressed the Commission, stating that they have been looking for extra space due to the need to expand one of their labs. Horan commented that he and Tharp had talked with Schnell about his future needs regarding the use of the hangar. Schnell expressed his needs for more hangar space, as well as, more office space for the purposes of consolidating research groups, which are currently in 2 locations. Horan gave a summary of what had been discussed regarding the expansion. Horan also stated that part of this discussion covered how to fund the expansion plans, to which it had been optioned that the Airport would fund the expansion costs, which repayments made from an increase in rent. Schnell commented that he was happy to be at the airport, and that the current lease only has a few years'left, so that there could be a renegotiation of a new lease to cover the additional costs for a longer term. Horan noted that part of the building is rented by Jet Air for the purposes of storing their fuel trucks for security and inclement weather. Members asked Schilell questions regarding space needs and what he sees for expansion. Members agreed to continue working with Schnell to get cost estimates for the possible expansion. E) Westside Automotive, LLC - Temporary Lease -- Dulek gave Members the background on this lease, stating that while construction takes place on the Hagan Parcel, the buyers would like a temporary lease to keep the equipment on the piece of land that remains airport property. Dulek also mentioned that because the sale hasn't fully closed, the resolution would add that the lease would be contingent on closing. I) Consider a Resolution authorizing a Temporary Lease Agreement with Westside Automotive LLC for use of a vacant parcel of land by tenant during the construction of a building - Rettig moved to recommend Resolution #A07-08 as stated above; seconded by Hartwig. Carried 5-0. F) F AAlIDOT Projects - Earth Tech - David Hughes - Tharp noted that David Hughes was away and not able to attend. Tharp stated that the South Taxilanes, and Hangar A were in the bidding process. G) Airport "Operations": Strategic Plan-Implementation; Budget; and Airport Management - Rettig asked about an item in the budget. The item of 'interest on investments' showed a negative. Tharp said he'd look into that. H) FBO Staff Report - Rettig asked some questions of Woolford regarding the number of flight instruction students Jet Air had. Woolford responded that he would get back to the commission with numbers. I) Subcommittees' Reports - Farris reported that he and Tharp had meet with Terry Robinson to talk about the Viewing Area. Farris said they are continuing to plan for the development of the area and were looking for 3 Airport Commission April 12, 2007 Page 4 of5 input for safety clearances on equipment and placement ideas. Rettig asked questions regarding the plans, stating that part of the justification of expenses was that the Airport would raise matching funds. Farris responded that they would have some layout plans at the next meeting. J) Commission Members' Reports - Horan and Rettig commented that they had attended the Iowa Aviation Conference and gave a report on what they viewed. K) Staff Report - Tharp commented that he also attended the Iowa Aviation Conference, and that he had been able to have some quick discussions with members of the FAA and the Iowa DOt. Tharp announced that the Iowa City Airport had been selected for one of the sites of the American Barnstormers Tour in the summer of 2008. Tharp commented that this is a group of flyers that operates several aircraft from the "Golden Age" of aviation and that their planes date back to the 1920' s. Tharp introduced Gary Lust as a member of the group who was in attendance. Lust gave a description of the organization and what typically occurs at each event stop. SET NEXT REGULAR MEETING FOR MAY 10,2007, AT 5:45 P.M. ADJOURN: Meeting adjourned at 8:11 P.M. CHAIRPERSON DATE 4 Airport Commission April 12, 2007 Page 5 of5 Airport Commission ATTENDANCE RECORD YEAR 2007 (Meetinl! Date) TERM 1/11 2/8 3/8 3/28 4/12 NAME EXP. Randy Hartwig 3/1/09 X X X X X Greg Farris 3/1/13 OlE X X OlE X John Staley 3/1/10 X X X X X Howard Horan 3/1/08 X X X X X Janelle Rettig 3/1/12 X X X X X KEY: X = Present o = Absent OlE = AbsentlExcused NM = No meeting --- = Not a Member 5 , ~6-O5-O7 4b(2) MINUTES IOWA CITY BOARD OF ADJUSTMENT MARCH 28, 2007 EMMA J HARVAT HALL -IOWA CITY/CITY HALL APPROVED CALL TO ORDER: Carol Alexander called the meeting to order at 5:00 pm. MEMBERS PRESENT: Michelle Shelangouski, Ned Wood, Michael Wright, Carol Alexander, Edgar Thornton MEMBERS ABSENT: None STAFF PRESENT: Sarah Walz, Eric Goers OTHERS PRESENT: Steven Ramirez, Glen Siders, Anna Bus, David Fry, Jerry Anthony RECOMMENDATION TO COUNCIL (become effective only after separate Council action): None CONSIDERATION OF THE JANUARY 10,2007 MINUTES: Wright said that the word "motioned" as used in the minutes should be replaced with the word "moved," as in "Michael Wright moved..." instead of "Michael Wright motioned..," Wright said that on page two of the minutes, fourth full paragraph, there is an incomplete word that currently reads, "b," when it should read "by." Wright said that on page six, third full paragraph, his name is misspelled-it should read "Wright" and not "Wrights." Alexander said that on page six, last paragraph, the word "apart" should be two words: "a part," MOTION: Shelangouski moved to accept the changes on the minutes for January 10, 2007. Wright seconded. The motion is approved 5:0. EXC07 -00001: Discussion of an application submitted by Bryan Svoboda for a special exception to allow a reduction of the required front yard setback for property located in the Low Density Single-family (RS-5) zone at 526 W. Park Road. Walz said that Eric Goers is assisting the Board of Adjustment today. She said that Goers is an assistant city attorney. Sarah Holecek was away and Mitch Behr recently moved to Colorado, and so Eric was filling in their absences. Walz said that the Board has updated zoning codes on their desks for their review, Walz read the staff report. Walz said that the property at 526 West Park Road is located in the RS-5 zone at the corner of Hutchinson Avenue and West Park Road. As a corner lot, the property is required to provide a minimum 15-foot front setback along both the Hutchinson and West Park frontages. Walz said that the lot has an irregular shape. Walz said that in the early 1970's a kitchen addition was built without a permit. It turned out the addition was not on the private property and a previous owner was required to purchase a portion of the right-of-way in order to get the new addition on their own property, Walz showed a visual of the lot and pointed out an undeveloped alley way to the rear of the property. Walz stated that even though Hutchinson has all the characteristics of a private drive, it is in fact a street right-of-way-it does belong to the City. Walz said that the subject property is a corner lot and so it must provide a 15-foot setback on both street right of ways, Walz said that this portion of Hutchinson functions as a private drive but should the property owner at 524 ever want to develop his land it has very limited development potential but it does provide the frontage necessary for development to occur. Walz said that there is a garage and carport at the rear of the house at 526 Park Road; both are set back 15 feet and thus nonconforming, as the code requires 25 feet. Walz said that the applicant, Brian Svoboda, is requesting a setback adjustment along the Hutchinson Avenue Board of Adjustment March 28, 2007 Page 2 frontage in order to build an addition to the house, which includes an expansion of the kitchen and a covered porch! entryway, The addition would close off the non-conforming garage and carport. Walz said that staff finds that this situation is peculiar to the property because of the odd situation of Hutchinson Avenue. Walz said that the street is serving these two lots as a private drive. Walz said that staff finds that there is practical difficulty complying with the setback standards. Walz said that the applicant has indicated that the existing side entry is more accessible than the front entry for visitors and others entering and exiting the house, since all parking for the property is on the north side of the house, and that a small covered porch would provide an entrance that is more protected from the elements. The addition would provide better circulation between the kitchen and the interior of the house, Walz said that staff finds that granting the special exception will not be contrary to the purpose of the setback regulations, Walz said that the purpose of the setback requirement is to maintain light, air, separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; reflect the general building scale and placement of buildings and between residences; and provide flexibility to site a building so that it is compatible with buildings in the vicinity, Walz said that this special exception will not intrude on the property across the street. No other homes are located or will be located along the frontage. Walz said that the reduction in the setback is mitigated by the fact that the applicant is closing off access to a non-conforming garage and carport. Walz said that the specific or proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare for the reasons she's talked about. Staff feels there will be no endangerment. Walz said that the specific proposed exception will not be injurious to the use and enjoyment of the property in the immediate vicinity and will not diminish or impair property values in the neighborhood, Walz said that the setback will not be contrary to the purpose of the regulations in that it will not reduce opportunity for light, . air and separation for fire protection and firefighting as the right-of-way provides separation between the only two properties along this portion of right-of-way. Walz said that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which the property is located. Walz said that the only property that could be impacted is that land behind the frontage, but the City has no intention of extending that road. Walz said that adequate utilities, access roads, drainage and necessary facilities have been or are being provided. Walz said that The only traffic needing ingress or egress to the streets are those accessing the two West Park Road properties, thus ingress and egress was adequate and unaffected by the proposed addition, Walz said that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located, Walz said the proposed use will be consistent with the Comprehensive Plan, as amended. Walz said that the Comprehensive Plan encourages maintaining and improving the safety and conformity of all housing and promotes the preservation and integrity of existing single family housing. Walz said staff feels that by closing off those garages, applicant is bringing a safety issue into closer conformity. The applicant intends to build a conforming garage on the property at some future time. Walz reads that staff recommends that EXC07-00001 be approved subject to general conformity with the submitted site plan. Wood asked if Walz to show an image where the garage would go, Walz then showed the Board where the garage would go and said that it is flat, although they might have to grade the area and build a retaining wall to support it. Shelangouski asked why the City doesn't vacate. Walz said that the neighbor at 524 objects and this seems like a more straightforward approach, which all neighbors affected can agree to, Walz said that the neighbor was adamant that he wanted to maintain frontage for his property. Thornton asked if Walz had a picture of the porch design. Walz brought up a sketch and noted that the sketch is a little deceptive because the door is not flush with the house. All of this is shown on Walz's illustrations and photographs. Shelangouski asked about the 1974 exception, Walz explained that it was not a special exception. A previous owner was required to purchase a portion of the public right-a-way to Board of Adjustment March 28, 2007 Page 3 get the addition onto their property. Wright asked if any portion of 604 was nonconforming. Walz said possibly the garage, though she was not certain. Public HearinQ Open Brian Svoboda, applicant, said that the addition will not encroach and the new garage will create a better parking situation. Svoboda said that the parking will be further around the corner, which will make it safer. Shelangouski asked if he'd be able to achieve the 25-foot setback for the garage. Svoboda said yes. Public HearinQ Closed MOTION: Wood moved that EXC07-00001, an application submitted by Bryan Svoboda for a special exception to allow a reduction of the required front yard setback for property located in the Low Density Single-family (RS-5) zone at 526 W. Park Road, be approved subject to general conformity with the submitted site plan. Wright seconded. Shelangouski said that situation is peculiar to the property. She said that there is practical difficulty complying with the setback standards. She said that granting the special exception will not be contrary to the purpose of the setback regulations as only the two homes are situated along this portion of Hutchinson and the right-of-way is unchanged. She read the purpose of the regulation from the staff report. Shelangouski said that any negative impacts of the special exception will be mitigated by closing off the garage and carport. Shelangouski said that the special exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare due to the reasons stated before. Shelangouski said that the proposed exception will not be injurious to the use and enjoyment of the property in the immediate vicinity and will not diminish or impair property values in the neighborhood. She cited the staff findings, including that only the two houses were along this street. Shelangouski said that the establishment of the exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which the property is located. She said all the utilities are already in place. There will be no impediment to access to or from West Park Road, The site plan will comply with all zoning standards. The Comprehensive Plan encourages maintaining and improving the safety and conformity of all housing and promotes the preservation and integrity of existing single-family housing. For these reasons, Shelangouski voted to approve. Wood agreed and said he will also vote to approve. Wood said it will not be making the setback less than what already exists. Wood said that what is gained by taking away the garage will be a large improvement in comparison, Wright said that he agrees with his colleagues and he too will vote to approve. Thornton said he agrees with what has been stated. He voted in favor as well. Thornton noted that the applicant is going to be making a significant improvement to the property. Alexander said she will vote in favor. The motion is approved 5:0 EXC07-00002: Discussion of an application submitted by Nordstrom oil for a special exception to allow a drive-through restaurant facility for property located in the Community Commercial (CC-2) zone at 1902 Broadway Street and 1906 Broadway Street. Walz said that the property is being rezoned from CC-1 to CC-2, Walz read from the staff report. Walz said that Nordstrom Oil is requesting to have a drive-in restaurant at this site. The property is subject to a Conditional Zoning Agreement, which was described in the staff report, Walz listed some of the major conditions: Walz said that a substantial buffer area of no less than 35 feet will be established along the southern property line of the parcel rezoned to CC-2. This buffer must be screened to the S3 standard and includes both a decorated masonry wall of a minimum of 5 feet in height located within the northern ten feet of the buffer area and a dense planting of deciduous and evergreen under-story and over-story to the south of the wall. Walz said that the Hollywood Boulevard vehicular access point to the CO-1 property will be closed and both properties will have a shared vehicular access point from Broadway Street. Walz Board of Adjustment March 28, 2007 Page 4 said that there will be a landscaped setback of no less than 20 feet along Broadway Street. Walz said that there will be a limit of one free-standing sign located in the northwest corner of the property. Walz said that there will be S3 screening along the eastern and southern property lines of the CO-1 parcel. Walz said that any building or structure including canopies should be of a quality design appropriate for property abutting a residential neighborhood, including features such as masonry materials, standing seam metal foots in muted colors. Walz said that the proposed drive-in restaurant includes a 1,728 square foot building which provides kitchen, storage, and restroom and a 32-seat covered patio. Walz said Iowa City doesn't have anything like this proposed restaurant in that all customer activity is outdoors or in cars. Walz said that one of the canopies has room for nine cars, the other for eleven cars. There is an order board at each parking space. Walz said people will place their order at the order board, Walz said that the intensity of use is high, since the facility is completely outdoors. A drive-through window and order board would be located on the northwest side of the building. Walz said that it will be close to residential housing, Walz reads the specific approval criteria for drive-through facilities in the CC-2 zone. Walz said that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility should not be detrimental to adjacent residential properties or detract from or unduly interrupt the pedestrian circulation or commercial character of the area where it is located. To promote compatibility with surrounding development, safe pedestrian access, and efficient and safe vehicular circulation on the site, the Board of Adjustment may require certain conditions, including but not limited to, restricting the location of the drive-through to rear or side access, requiring directional signage, limiting the number of lanes and/or paving, and limiting of prohibiting the use of loudspeaker systems, Walz said that the drive-through window, order board and associated stacking spaces are all located to the north and west of the building, towards the adjacent commercial center and Highway 6 and away from view of the residential properties to the east and south. Staff believes this provides an essential screen from the residential areas. Walz said that all 20 drive-in canopies are located on the east side of the building closer to the residential property, which raises some concern. Walz said that the site plan shows all of the screening required by the CZA, including the 35-foot landscaped buffer on the south end of the property as stipulated in the CZA, Walz said that the site plan also shows the required 20-foot landscaped buffer on the west side of the lot and S3 screening around the perimeter of the adjacent CO-1 lot to the east. Walz said that drive-through eating facilities are one of the most intensive CC-2 uses and thus have the potential to negatively affect neighboring residential property. Walz said that, as for the proposed facility, all customer activity takes place outside the building via the drive-through window, drive-in canopies, and the outdoor seating area. Walz said that because of the intensity of the proposed use in close proximity to residential uses, Staff recommended to the Planning and Zoning Commission that the site included a 50- footlandscaped buffer, including a 5-foot wall at the south end of the property, Walz said that the CZA requires a 35-foot landscaped buffer with a 5-foot minimum masonry wall. Walz said that Staff recommended and the applicant agreed to increase the effective height of the wall by increasing the height of the wall to 6 feet or 5 feet with a one-foot berm. Walz said that the site plan shows a 10-foot drive lane around the north side of the building for stacking at the drive-through order board with an additional 19-foot by-pass for vehicles circulating around the building, Walz said that Staff believes that this drive is more than what is required the space required to safely and effectively serve the one-way circulation on the lot. Walz said that the applicant has indicated that this wide drive is necessary for turning radiuses for trucks but has not offered evidence to support this. Walz said that on the west side of the building, the drive-through lane is separated from the parking aisle by a 2-foot landscaped median as required by code. Walz said that this median is intended to direct drive-through traffic around the building and provide separation from vehicles entering and exiting the parking spaces on the west side of the building. Walz said that staff believes the median is adequate to serve the safe circulation of the drive-through window. Walz said that the applicant has proposed one- way aisles of 24 feet on the east and 22-feet on the west sides of the lot. Board of Adjustment March 28, 2007 Page 5 Walz said that City Council has raised concerns about school children who cross the drive entrance along Broadway Street. In response to Staff suggestion, Walz said that the applicant will set back the wall 10 feet from the sidewalk to maintain good visibility for both cars and pedestrians along Broadway. Walz said that Staff recommends that vegetation adjacent to the drive entrance within ten feet of the sidewalk be kept to a 3-foot maximum height. Walz said that because drivers exiting the site may not look for pedestrians traveling south along Broadway, Staff recommends that a pedestrian crossing sign or stop sign be posted before the sidewalk where the drive exits on to Broadway. Walz said that the applicant has submitted information indicating that sound emitted from the intercom system will not be readily audible from the neighboring residential uses. Walz said that the activity of vehicles and customers in this area remains a concern particularly during late night hours. Walz said that Staff recommends that canopy hours be limited to 10 p.m. Sunday-Thursday and 11 pm Friday and Saturday. Walz said that because it is located on the opposite side of the building, Staff believes the drive-through window will not be detrimental to the nearby residential and thus could remain open later into the evening. Staff recommends that when closed, the canopy lights be turned down to 50% to reduce glare, Walz said that the transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area, Walz said that an adequate amount of stacking spaces must be provided to ensure that traffic safety is not compromised. Walz said that CC-2 uses, such as commercial recreational uses, eating and drinking establishments, and sales-oriented retail are likely to generate consistently high-volume traffic flows throughout the day and into the evening. Walz said that the intersection of Broadway and Highway 6 as well as the transportation system illustrated in the site plan is designed to support the level of traffic generated by the drive-in facility, Walz said that traffic will enter and exit the drive-in facility via a shared, private drive off of Broadway Street. Walz said that this access drive is designed to circulate traffic to the drive-in lot as well as onto the adjacent CO-1 site, All drive-in traffic will circulate counterclockwise around the building. Staff finds that the placement of the drive-through window service on the northwest side of the building, away from the drive-in canopies is appropriate to separate vehicles accessing the drive-through from those entering the drive-in portion of the restaurant. Walz said that Staff believes that while the application indicates stacking space at the drive-through of 4 cars between the service window and the menu order board and 4 additional stacking spaces at the order board, the site plan actually shows 3 stacking spaces at the window and 2 stacking spaces for the order board. Walz said that at peak times, there may be some conflict between vehicles parked or attempting to park at the canopies and cars attempting to enter the drive-through lane. Walz said that Staff does not feel that this presents a safety issue. Staff recommends traffic control signage and low level vegetation to provide safe pedestrian access to the site. Walz said that the drive-through lanes must be set back at least 10 feet from the adjacent lot lines and public rights-of-way and screened from the view of all non-residential property to the S2 standard. The property must screen to the S3 standard from residential property. The Board of Adjustment may increase or reduce these standards according to the specific circumstances affecting the site. Walz said that the lighting for the drive-through facility must comply with the outdoor lighting standards and must be designed to prevent light trespass and glare onto neighboring residential properties. Walz said that the proposed exception will not be detrimental to the public health, safety, comfort, or general welfare, Walz said that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Walz said that establishment of the proposed special exception will not impede the normal and orderly development and improvement for the surrounding property for uses permitted in the district in which such property is located. Walz said that adequate utilities, access roads, drainage and necessary facilities have been or are being provided. Walz said that adequate measures have been taken to provide ingress or egress designed to minimize traffic congestion, Walz said that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Walz said that the South District Plan identifies this area as apartments. The Comprehensive Board of Adjustment March 28, 2007 Page 6 Plan encourages CO-1 zones as appropriate transitions between residential and more intense commercial uses. Walz said that staff recommends applicant submit a litter control plan. Walz said that Staff recommends that EXC07-00002 be approved subject to compliance with the submitted site plan and elevations, all conditions in the conditional zoning agreement for the property, and the following additional conditions: Drive-in canopy hours will be limited to 10 pm Sunday-Thursday and 11 pm on Friday and Saturday and all canopy lighting, including lighting in the outdoor seating area will be dimmed to 50% when not in operation. Canopies will comply with the CZA for the property and be constructed of materials in a muted color, similar to the outdoor patio cover in order to reduce light reflection and visibility to adjacent property. The S3 screening along the east side of the CO-1 property must be a minimum 4-5 feet in height when installed. Include S3 landscaping to screen view of the dumpster from the CO-1 property at the northeast section of the lot. Vegetation directly adjacent to the drive entrance/exit from Broadway will be held to a maximum of 3 feet. All illuminated signage is limited to the west and north sides of the building. Trash bins will be provided at both ends of each drive-in canopy and at the south end of the lot, west of the building. The applicant will provide a litter control plan for addressing litter in the public right-of-way and on adjacent properties to the east and south of the subject lot. The applicant will install pedestrian signage or a stop sign adjacent to the sidewalk at the exiting drive onto Broadway Street. All other aspects of the site design will be subject to substantial compliance with the site plan submitted, Public Hearinq Open Glenn Siders, SouthQate Development Services, said this project has been an interesting journey with many compromises. Siders said they have developed a project that will be beneficial to the community. Siders said he has concerns with some of the Staff's recommendations. Siders provided illustrations showing the turning radiuses for delivery trucks traveling through the lot. Siders said he can answer the Board's questions. Siders said he is in concurrence with the CZA and happy to comply, Siders said he is in concurrence with the masonry wall height, as listed in the Staff report. Siders said that he has proposed a 19-foot width of the median, which will be reduced to a 17-foot width, Siders referred to a document passed out showing the path of a semi-truck going in and out of the facility in relation to the surrounding area. Siders said the document shows that they need every square inch, Siders mentioned the need for an S3 screening near the dumpster area. Siders said there will be landscaping placed back in that area. He questioned the necessity of S3 screening. He said there will be a wall or fence surrounding the dumpster area, Siders said an S2 screening will be adequate to screen the buffer area. Alexander asked the difference between the two documents regarding truck traffic moving through the site handed out to the Board. Siders said the difference is two different sized trucks. Siders said that the S3 screening seems a bit redundant. Siders said he concurs with pedestrian signage. Siders mentioned page 5 of the Staff report, which mentions the S3 standard indicates that screening must be a minimum of 3-feet tall when planted but Staff recommends that the screening be 4-5 feet tall in height when installed along the east side of the CO-1 property. Siders said there is about 200-feet from the end of the CC-2 to the east side of the property line of the CO-1 and he's not sure how beneficial that foot or foot and half will be. This small jump will be very expensive. Siders mentioned page 6, the trash container placement. Siders said he's not convinced that the locations suggestions are the appropriate suggestions, Siders said he would like to place the trash containers where they will be more beneficial. Siders said he will let Mr. Fry (a representative for the applicant) talk about the hours of operation before he comes back to summarize his requests, Board of Adjustment March 28, 2007 Page 7 David Frv. Nordstrom Oil Companv, said he has concerns about the suggested hours of operation. Fry said he would like to suggest that the canopies on the east end and close according to the hours mentioned in the Staff report and keep the canopy adjacent to the patio open for the same hours as the drive-through window. Fry said that they are doing a lot of screening on this property. Fry said that he is complying with the lighting standards as mentioned in the Staff report and as far as sound systems, Fry has submitted documentation that shows it should not be a concern. Siders said that when you come into a drive-in stall, you drive in and turn the car off. You place your order, wait for food, and that's it. There's not a lot of noise in the process. Fry said that with the dimming of the lights, they have a safety concern. Fry said that the way the property is laid out, there are fairly natural buffers to screen out light and sound. Fry said that the amount of traffic from 10 until midnight is not significant. Fry said that in terms of trash, he intends to operate a clean business. Fry said they have a restaurant in Cedar Rapids with seven trash containers and no litter issues. Fry said it is very important for customers to know they are coming to a clean restaurant. Alexander asked about the loud speakers. Fry showed the Board a picture of a typical Sonic site. Fry showed Alexander how the speaker board works. Walz said that the applicant did submit a great deal of information about the sound system and Staff is not as concerned with the sound system, Walz said Staff's concern had to do with the activity of cars and customers coming and going, Alexander asked about Fry's proposal regarding the patio seating, Walz said the patio seating doesn't need to close at an earlier hour. Fry said that he understood that the patio would close at the same time as the canopies and he didn't agree with that. Walz said the Board will clarify that issue. Fry said it would be his hope to keep the patio open. Wright asked about parking on the west part of the property, Fry said it was staff parking open to customer parking, Thornton said he lived in New Mexico and so he is familiar with Sonic. Thornton asked if the outer parking spaces will have speakers and order boards, Fry said the west side parking is parking only. Thornton asked about the semi-truck path diagram, Thornton said it didn't look like the truck would find enough access to turn, according to the diagram, Thornton was concerned about traffic surrounding the turning truck. Fry said that deliveries typically take place in the morning, twice a week, during hours that are not busy, Fry said this system works well in Cedar Rapids. Wood asked about litter control. Is there a program in place? Fry said that part of the operation is that carhops have responsibilities to pick up trash when they are not serving customers. Fry said this is done six times a day on schedule, not including during their free time. Wood asked about the wall around the dumpster, Is it similar to the brick wall from the illustrations? Fry said he wasn't sure but he imagined it would be similar to the building masonry, Thornton asked about the requested reduction from an S3 to an S2 screening of the dumpster. Siders said he would summarize his requests and then respond to further questions. Siders said that they would ask the Board to adjust the hours of operation limited to 10 pm, Sunday through Thursday on the east canopy, They would turn the lights completely off, probably. Siders said they request the west canopy be open the same hours as the drive-through. Siders said that he wasn't sure if he wanted to obligate himself to the darker colors as mentioned by the Staff but he was willing to comply. Siders said that he would ask that S3 screening be no more strict than what is mandated by the code. Siders said that they are asking the area around the dumpster be changed from S3 to S2. Siders said that council approved the CZA and through the entire approval process, there has not been one individual from the neighborhood or general public that has spoken in opposition of this project. Everyone gave a favorable recommendation, Siders said that this is important. Siders said that the HACAP people sent a letter recommending they do it. Siders thanked the Board for their time and consideration. Siders addressed Thornton's original question. Siders said that around the very northeast corner, around the dumpster, Staff is recommending S3 zoning, while everything else is S2, Siders said this is a bit much when this Board of Adjustment March 28, 2007 Page 8 dumpster is completely enclosed with some type of wall unit. Walz said that the proposal for the S3 screening was made before they knew what the dumpster looked like or if there would be a structure surrounding it. Siders said he wasn't enthralled with the idea of closing Hollywood Blvd. He wanted to leave it open, Siders said that the one point of access is a part of the CZA. Shelangouski asked if that property has an ingress/egress easement across the property. Is it one property? Siders said yes. Siders said that they will have to do something if the Sonic people sell the CO- 1 to someone else, they'd have to come up with some kind of agreement. Siders said there is an access to the south of this site. He said that the 35-foot buffer is actually a driveway and the other 12 and a half feet is on HACAP property, Wood asked where it goes, what does it access? Siders said it goes to the existing apartment complex and HACAP apartment complex, Siders said he would leave the bike pat~ open, Shelangouski asked if Siders anticipates people accessing the property from the bike path. Siders said that while they are not proposing an access way in this area, he couldn't guarantee that people won't do it anyway. Wood asked about the buffer around the dumpster and if they are going to keep the S3 screening around the area in question, Siders said yes. Shelangouski said that item B of the CZA is not stated well at all. She thought there would be no access to this lot, as stated in the writing. Siders had no comment. Thornton asked about the recommendation from the applicant about the change in lighting. Thornton asked if Walz could talk about another business that has faced similar issues. Walz said that she couldn't think of another facility that has faced this problem of having to alter lighting. Alexander said that there's a recommendation that the lighting be dimmed but in the applicant's material there is a photometric study that would confirm 0 foot candles along the southern and eastern property lines, Walz said Staffs concern was the view from the adjacent apartments. Dimming, Walz said, would be appropriate. Siders said he hopes to be given a chance and if there's an outburst of neighborhood complaint, they could adjust their hours and lighting. Thornton asked about security in terms of dimming the lights. Walz said that Staff initially asked to turn off the lights and the final compromise was dimming the lights '50%. Walz said this was reasonable in that dimming lights 50% provides lighting for security issues while discouraging people from being in that part of the lot. Fry said that in the original proposal they would dim the east canopy lights. Wood asked Fry about people pulling in and turning off their car. Wood said he envisions people pulling in and keeping their radios on while they eat. Fry said that is not the norm, at least not in Cedar Rapids, Fry said the food does come in a to-go package and so if they want to leave they can. Fry said he couldn't recall anyone keeping their lights on. Alexander asked if they'd be operating during the winter. Fry said yes. Alexander called for a 5-minute recess, Eric Goers said that he called and litter violations are a municipal infraction, which could amount to a fine. Walz said that it's not a matter of if you're not picking up your garbage because the City would do it at a certain point, but a fine would be exacted. Shelangouski said that, on page 5, second paragraph, it talks about the color of canopies, which is not mentioned anywhere else in the CZA. Walz showed her where the CZA does in fact mention color issues. Anna Buss. manaqer of property in the RN-44 zone, said that while she does welcome Sonic, she is concerned about the noise from their speakers. Bus advised the Board to go listen to the Sonic speakers in Cedar Rapids. She said the sound would travel up, which will disrupt her tenants. Bus said that she is concerned about trash. There have been complaints about trash in the area of her property and nothing has been done by the City. Bus said the City doesn't do "jack" about the trash. Bus returned to her issue about the speakers, Bus said if they could keep the volume of the speakers low, that would be sufficient. Bus said that no one objects to the hours of operation. Bus said if someone calls and complains about the noise, she would like immediate action done by the applicant. Bus had concerns about the statement that Board of Adjustment March 28, 2007 Page 9 no one in the neighborhood complained about the proposed facility. Bus said that tenants tend not to care about a plan until it has already been established and something becomes unacceptable. Bus said her only concern is having a line of communication between herself, her tenants, and the applicants. Shelangouski asked if there was a neighborhood association. Bus said yes but very few tenants are members. Bus said there is a gang issue and spray-painting property often occurs. Bus said that the applicant will find out soon enough that they are going to need to leave some lights on, She offered her own experiences as a point of reference. Bus said that the lighting will be an issue soon enough, Bus said that her tenants are most concerned about the noise from the speakers. Thornton asked her opinion about Sonic's hours, Bus said she's willing to give them whatever hours they want. Their business will bring in more business to the neighborhood. Bus repeated that her concern is noise. Jerrv Anthonv. chairperson of the HCDC, said he will speak in opposition to the application. Anthony said that this application should not be approved for many reasons. Anthony said that he will focus his attention on two issues. The first is the criteria concerning a proposed exception being detrimental to public health. Anthony said that with a drive-through, traffic will increase. Anthony said that the Broadway/Highway 6 intersection will become more dangerous if the special exception is granted. Anthony said that the Staff's suggestions will not decrease this danger. Anthony said that the applicant has tried to demonstrate compliance on many issues, but on traffic and pedestrian safety, there is no evidence that the applicant has attempted to mitigate this issue, and this is something they have to do before a special exception is granted. Anthony said the Staffs recommendations are elevated to the status of requirement than the chances of this drive-through not having an impact on properties to the east are reduced. The property values will be effect. If they are affected, property owners can files suits against the city. If this happens, the City and taxpayers will have to pay for the privilege of having a Sonic drive through. Anthony said that if the applicants of this special exception are confident that such a scenario will in fact not happen, then they should absolve the risk. Thornton asked Anthony to explain his last point. Anthony said that people living in RN-44 and RN-12 have an expectation that any new development must not have a negative effect on their property values. Anthony said that if Sonic does in fact have this negative effect, then they can claim the losses from the City, Anthony said if the owners of Sonic are confident that this will not happen, they should pick up this risk, Buss said she's also a real estate broker. She said that she doesn't believe Sonic will have anything but a positive effect on property values of the surrounding area. Bus said that it is a beautiful building and there will be more business for Pepperwood place and property values should go up. Bus said the only reason she is here tonight is to comment on the noise and garbage. Bus said that she doesn't think that anybody has ever sued the City and won on a property de-valuation, unless the property had been condemned. Wood asked Bus if she is concerned about traffic danger, Bus said no, Bus said it will be safer because her tenants won't have to be worried about traffic coming at 60 miles an hour. Wood asked about school bus stops. Bus said those are not on Hollywood. Bus said there is nothing but car traffic on Hollywood. Anthony said repeated that if the applicants are confident that the Sonic' will have no negative effects on property values, they should absolve the risk. Walz reminded the Board that she submitted two emails to them. Alexander said they received them. One of the issues was volume of the speakers. Alexander called up the applicant. Fry said that there are volume controls inside the device, Fry said his intention is to be a good neighbor and he would be happy to keep in contact with Bus' neighborhood association, Fry said if there are issues with sound, he'll be open to work through them and find a compromise. Public Hearinq Closed Board of Adjustment March 28, 2007 Page 10 Alexander asked Walz if traffic engineers looked at this. Walz said they did and they did not believe there was a problem. Walz said they looked at a standard for what a fast food restaurant would generate. Walz said they did not find a concern. Thornton asked about the hours of operation, He said that the staff recommendation said that drive-in hours would be limited. Thornton asked about the confusion voiced by applicants. Walz said the confusion was that the outdoor seating area could close with the rest of the building. Walz said Staffs concern was that the canopies themselves should close at an earlier hour. Walz said the patio could remain open. The drive-through could remain open, Walz said Staffs concern was the activity of cars coming and going from the lot and cars remaining after 10 pm. Thornton said he was concerned about people just "hanging out." Siders attempted to clarify this point. Goers said that unless there was a motion from the Board to reopen the public hearing then he was not allowed to speak. Siders said that he just wanted to be clear about the patio hours. Walz said that the Board could make the recommendation about the patio hours more clear. Alexander said she'd like to go backwards with the recommendations, She recommended the Board get some of the easier recommendations out of the way. The Board agreed on the last three recommendations as listed on the Staff report. Shelangouski said she thinks it might be overboard to have a litter-control plan, Wright said he's all for it. Alexander said it couldn't hurt. Alexander asked about the trash bin recommendation. Shelangouski said she'd like to see the trash can locations as part of the litter-control plan. Thornton agreed. The Board agreed, Alexander said that the illuminated signage as listed in the Staff recommendation is not disputed. The Board agreed, Alexander said the vegetation being limited to 3 feet is not up for dispute. The Board agreed. Alexander asked about the recommendation about the dumpster being S3 or S2. Wright said that the enclosure is a good idea and the landscaping is not going to fully mask the dumpster. Wright said that in terms of graffiti, taller landscaping might keep people away from the wall. Wright said a dumpster enclosure would be inviting for someone to want to spray paint. Shelangouski said that it S2 or S3 won't make a difference-if someone wants to paint it, they'll paint it. Shelangouski recommended a structure around the dumpster at S2 for visibility purposes, Walz said that unless the board felt that vandalism to the wall was a public issue, that the board should not be concerned with this but rather what was appropriate screening for the dumpster. Shelangouski said the wall's function, as far as the Board is concerned, is to hide the dumpster. Wood said the S2 is 2-4 feet and the S3 is 6, Walz confirmed this. Shelangouski said that if it's just on the East side, what value is it adding? Thornton said that if they're S3 on one side, they should be the same, Thornton then said he could live with the S2. Wright agreed, Alexander said the S2 would be fine as long as there would be a specification that there would be an enclosure. Alexander brought up the S3 screening dispute regarding a height of 4-5 feet when installed, Alexander said under the S3 it can be 3 feet in height when installed but it can grow 5 to 6 feet. Alexander asked if the bullet was even needed or if they should strike that, being that it is already required in the CZA. Board agreed with striking. Alexander brought up the recommendation regarding the canopy colors. Board agreed with the recommendation as stated in the Staff report. Alexander moved to the question of hours of operation. Thornton said his issue is that he is not clear about Staffs recommendation, Thornton said he can live with 10 pm but he is not in favor of moving the hour to midnight. Walz clarified that the applicant has indicated that he thinks it would be doable to close the east canopy and allow the west canopy to stay open, Walz said the Staff recommendation was to close both canopies but to allow the drive-through and patio to remain open until midnight. Thornton said he liked that. Shelangouski said she liked the compromise that the applicant came up with, of closing one canopy, Shelangouski asked how customers order at the patio. Walz said there are speakers. Thornton said that he recalled that customers could simply walk up to the door and order something, Alexander asked if the Board would recommend that the east canopy lights be turned off while the rest of the lighting Board of Adjustment March 28, 2007 Page 11 remains on until closing. Wright and Shelangouski said they'd prefer the lights dimmed, not off. Board agreed. Alexander said that the stipulation for the earlier hours be confined to the east canopy, Shelangouski said that the site plan shows they are building 6 feet into the right-of-way and they are going to have to vacate the right-of-way and purchase it. Walz said this would be subject to the applicant being granted the vacation and then purchasing the right-of-way. Wright said Board should indicate that all recommendations are subject to site plan approval. MOTION: Shelangouski moved that EXC06-00002, a special exception to allow a drive through- facility in a CC-2 zone, located at the corner of Highway 6 and Broadway Streets be approved subject to compliance with the submitted site plan and elevations, and all conditions in the conditional zoning agreement for the property, and the following additional conditions: That the east drive-in canopy hours will be limited to 10 pm Sunday through Thursday and 11 pm Friday through Saturday and all canopy lighting, including lighting in the outdoor seating area will be dimmed to 50% when not in operation. That canopies will comply with the CZA for the property and the material and colors to be submitted for Staff approval. That the dumpster located along the CO-1 property line at the northeast section of the lot located in an enclosure and that S2 landscaping be around the enclosure. That vegetation directly adjacent to the drive entrance/exit from Broadway will be held to a maximum height of 3 feet. That all illuminated signage is limited to the west and north sides of the building. That the applicant will provide a litter-control plan, including the location of trash bins, to control litter in the public right-of-way and on adjacent properties to the east and south of the subject lot. That the applicant will install pedestrian signage or a stop sign adjacent to the sidewalk at the exiting drive onto Broadway Street. That all other aspects of the site design will be subject to substantial compliance with the site plan submitted. Wood seconded the motion. Wright said that when he looks at the specific criteria for a drive-through facility in a CC-2 zone, he believes it meets most of those criteria. Wright said that pedestrian circulation is a concern for him. Wright said that this might remain an issue. Wright said that a fair amount of sound will come from this facility. Wright said that as far as general criteria, he believes that this facility fails the criterion that states the facility must not be detrimental to public health. Wright said that the idling cars and thumping stereos are going to be an issue that has not been mitigated by the applicant. Wright said that this facility is not consistent with the Comprehensive Plan at all. He said that a CO-1 zone is supposed to be a step down to residential zoning and they're chopping down the CO-1 to two residential lines. Wright said this is a radical change that is not fitting. Wright said he will be voting against this special exception. Thornton said that he doesn't think the facility is going to be that intrusive on the community but instead a good business to have in the community. Thornton said that he feels good about the screening. He said that this business is making attempts to deal with pedestrian traffic, traffic circulation, and sound. Thornton said he liked the applicant's compromise in regards to lighting, Thornton said he feels comfortable with the litter-control plan, Thornton said that in terms of traffic flow, it sounds like Staff has made an attempt to look at this and he'll go with their findings. Thornton said the risk of property loss wasn't an issue for Staff and Thornton will go with this, Thornton said he will vote in support of the motion. Wood said that in terms of the specific approval criteria, he doesn't have concerns, Wood said that good answers have been developed. Wood as far the general criteria, he has reservations. He said that traffic is a concern, Wood said that rezoning this area makes him hesitate but then to add an outdoor eating facility is what he is most concerned with. Wood felt that this is inviting more commotion and noise and traffic than other fast food restaurants, Wood said that neighbors will be impacted negatively by this facility, Wood said that none of these issues have been clearly addressed and so he will be voting against the motion, Board of Adjustment March 28, 2007 Page 12 Shelangouski said that she has heard thumping music from the apartment building that is already there and this business will actually control that. She said that the owner of the property will be in more control of the noise taking place on the grounds. She said this will be an improvement. Shelangouski said that this complies with the Comprehensive Plan, the area is being improved by the new development, and so she will be voting to approve the motion. Alexander said that she is convinced this will be an improvement to the area, She had concerns with the Comprehensive Plan but felt that those issues were dealt with by Planning and Zoning when they recommended for the rezoning. Alexander said that she will be voting in favor of this motion. Alexander encouraged applicant to be that "good neighbor" that he talked about. Motion is approved 3:2 OTHER: Walz read from a young woman, a junior at a local high school, who had researched the Shelter House case and had written to say she wanted the Board to know that they did the right thing. Walz said there will be an April 11th meeting. Walz said there is only one item on the agenda and it should be pretty straightforward. BOARD OF ADJUSTMENT INFORMATION: None. ADJOURNMENT: Meeting is adjourned at 8:00 pm, s/pcd/mi nutes/boa/2007/3-28-07, doc Board of Adjustment Attendance Record 2007 TERM NAME EXP. 1/10 3/28 Carol Alexander 01/01/08 X X Michael Wright 01/01/09 X X Ned Wood 01/01/10 X X M. Shelangouski 01/01/11 X X Edgar Thornton 01/01/12 X X x = Present o = Absent OlE = Absent/Excused NM = No meeting --- = Not a Member KEY I :~~;L MINUTES IOWA CITY BOARD OF ADJUSTMENT APRIL 11th, 2007 5:00 PM EMMA J HARV A THALL - IOWA CITY/CITY HALL APPROVED CALL TO ORDER: Michael Wright called the meeting to order at 5:00 PM. MEMBERS PRESENT: Michael Wright, Ned Wood, Michelle Payne, Edgar Thornton MEMBERS ABSENT: Carol Alexander STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Steven Ramirez, Chris Stephan, Mike Wolf RECOMMENDA TION TO COUNCIL (become effective only after separate Council action): None, CONSIDERATION OF THE MARCH 28TH, 2007 MINUTES The Board will consider the March 28th, 2007 minutes at the next meeting. SPECIAL EXCEPTIONS EXC07-00003: Discussion of an application submitted by CMC-West Lucas LLC for a special exception to allow a 50% reduction in the parking requirement from 76 parking spaces to 38 spaces for a proposed manufacturing plant located on property in the Heavy Industry (1-2) zone north of Izaak Walton Road. Walz read from the Staff report. Walz showed the zoning map and pointed out the property in the 1-2 zone. Walz said that the applicant is going through rezoning and including a sensitive areas development plan, but that is separate from the issues to be considered by the Board. Walz said that this property is surrounded by county agricultural land. Walz said that the property to the east is recreational property. Walz said that the applicant is requesting a reduction in the required parking from 76 to 38 spaces, To meet the specific requirement criteria for the special exception, the applicant has to demonstrate that the specific use has characteristics that make the requirement for 76 spaces unreasonable. Walz said that the applicant has indicated that the manufacturing process proposed for the facility is highly automated, and so there is need for only 15-25 employees. Walz said that based on the automation of the use Staff agrees that a parking reduction is warranted. Walz read from the special approval for a reduction in required parking. Walz said that where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the umber of required parking or stacking spaces up 0 50%. Walz said that based on the square footage of the plant, Staff has established that 76 parking spaces would be required in order to meet the parking standard in the code for manufacturing use. Walz reiterated what the applicant has said about the automated process of the facility and the few employees and that Staff finds that the required number of parking spaces is indeed excessive. Walz read from the general criteria for granting special exceptions. Walz said that the proposed exception must not be detrimental to the public health, safety, comfort, or general welfare. Walz said that Staff finds a 50% reduction in the required parking will not be detrimental to or endanger the public health, safety, comfort, or general welfare. Walz said that the zoning code discourages the development of excessive parking and large expanses of paved surfaces. Walz said that because the industrial property includes a number of wetlands and retention/infiltration basins, the issue of excessive paving is significant. Walz said that Staff agrees that minimizing the amount of area devoted to paved surfaces will help to reserve the capacity of the detention basins to handle storm water from other areas of the development. Board of Adjustment April 11, 2007 Page 2 Walz said that the specific proposed exception must not be injurious to the use and enjoyment of the property in the immediate vicinity and must not substantially diminish or impair property values in the neighborhood. Walz said that the code requires and the applicant has demonstrated adequate screening to the S3 standard be incorporated into the site design to screen the view of the parking lot from the Izaak Walton League recreation area. Walz said that Staff finds that reducing the parking and its impervious surfaces will reserve on-site capacity to absorb storm water run-off. Walz said that in Staff's opinion, the reduction in parking would not negatively impact surrounding property, Walz said that adequate access roads are currently in place. Izaak Walton Road is a gravel secondary road with a seal coat surface, which is under Johnson County jurisdiction, Walz said that as a requirement of a Conditional Use permit granted to S&G Materials, which operates a quarry to the south and east of the subject property, the County has a maintenance agreement with S&G to maintain the road. Walz said that the parking area is intended for regular employee vehicle parking and staff has determined that the road is adequate to support the proposed use. Walz said that Staff believes adequate measures have been taken to provide ingress or egress designed to minimize traffic congestion. Walz said that two access points would eventually be developed for the property, Primarily employees will use the southern access via Izaak Walton Road, Walz said that larger vehicles may eventually use the Oak Crest Hill Road access once it is fully functional. Walz said that until such time, adequate ingress and egress options are available via Izaak Walton Road. Walz said that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulation or standards of the zone in which it to be located. From the Staff report, Walz read the applicant's ability to meet the design standards from section 14-5A-5 of the code. Walz noted on problem on the site plan. She said that the first bullet point, which states that the submitted plan for the parking area shows drives on the north and south ends of the lot that are 25 feet in width, but the maximum allowed by code is 24 feet. Walz said that Staff believes the proposed exception will be consistent with the Comprehensive plan of the City, as amended. Walz said that Staff recommends approval of EXC07-00003, Public Hearinq Open Chris Stephan, from MMS Consultants, said he could answer any questions from the Board, Stephan pointed out the surrounding the property as shown on the overhead photograph. Stephan said that the space between the driveway and their property line is an easement granted to the Izaak Walton League for the purposes of planting in that area to separate the property from the industrial area. Stephan says his plan to the city demonstrates their efforts to further screening requirements. Thornton asked if reducing the number of parking spaces would correlate with the number of employees. Stephan said yes. There will be 15 to 25 employees. Stephan said the east half of the building is where the mechanical equipment will be, Payne asked if eventually traffic would come off of Oak Crest Hill Road. Stephan said that is correct. Payne asked if that was a temporary thing. Stephan said no, Thornton asked if everything will be paved or if dust will be an issue. Stephan said yes, for the most part everything will be paved, Mike Wolf, Wagner Conservation, had concerns to address to the applicant regarding size limit on the screening. Walz said that the screening standard in the code specifies a planting height of 3 to 4 feet and a minimum growth height of 6 feet for that particular screening. Walz said that the screen has to achieve a density so even if there was a larger tree, there would have to be shrubs in between, for example, Wolf was concerned about plant hours of operation and the noise pollution. Walz said that issue would come up with the rezoning, Walz gave Wolf the date for that meeting. Public Hearinq Closed MOTION: Payne moved to approve EXC07-00003: an application submitted by CMC-West Lucas LLC for a special exception to allow a 50% reduction in the parking requirement from 76 parking Board of Adjustment April 11, 2007 Page 3 spaces to 38 spaces for a proposed manufacturing plant located on property in the Heavy Industry (1-2) zone north of Izaak Walton Road. Wright seconded the motion. Walz asked Holecek if the motion should be in the 1-1 zone. Holecek said since parking requirements wouldn't affect the zone, it is not necessary. However, Holecek said that she would make an amendment to the motion, a friendly amendment, stating either 1-1 or 1-2 zone. MOTION: Payne moved to amend the previous motion, which approved EXC07-00003, to include either 1-1 or 1-2 zoning. Wright seconded. Wood said that a reduction in parking by 50% is warranted. Wood said that in terms of general criteria for granting special exceptions, the application would not be detrimental to the public health, safety, comfort, or general welfare. Wood said that it would not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or improve property values in the neighborhood. Wood said that it would not impede the normal and orderly development and improvement of the surrounding property. Wood said there are already adequate utilities and drainage. Wood said there is ingress and egress. Wood said that it conforms to the applicable regulations or standards of the zone in which it is to be located. Wood said the proposed exception would be consistent with the Comprehensive Plan of the City, as amended. Wood voted in favor, Thornton said he agrees with Wood. He said it would have a positive effect on the overall community, He also voted in favor. Payne agreed with Wood and Thornton. She voted in favor. Wright had nothing to add. He agreed with his colleagues. The motion, as amended, passed 5:0 Other None. Board of Adjustment Information Walz asked if anyone was going to have conflicts with the next Board meeting, No one thought so. Adjournment The meeting is adjourned at 5:45 PM s/pcd/minutes/boa/2007/4-11-07,doc Board of Adjustment Attendance Record 2007 Term Name Expires 1/10 3/28 4/11 Carol Alexander 01/01/08 X X OlE Michael Wright 01/01/09 X X X Ned Wood 01/01/10 X X X M. Shelangouski 01/01/11 X X X Edgar Thornton 01/01/12 X X X x = Present o = Absent OlE = AbsentlExcused NM = No meeting --- = Not a Member KEY c:: Approved MINUTES PLANNING AND ZONING COMMISSION MAY 3, 2007 - 7:30 P,M. EMMA J. HARVAT HALL - CITY HALL MEMBERS PRESENT: Dean Shannon, Elizabeth Koppes, Wally Plahutnik, Ann Freerks, Charlie Eastham, Bob Brooks, Terry Smith STAFF PRESENT: Bob Miklo, Karen Howard, Sarah Holecek OTHERS PRESENT: Steve Gordon, Ron Amelon, Sharon Sorensen, Mike McLaughlin RECOMMENDATIONS TO COUNCIL (become effective onlv after separate Council action): None CALL TO ORDER: Freerks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA No discussion. REZONING 1 DEVELOPMENT ITEMS REZ06-00025, discussion of an application submitted by MBHG Investment Co" LC for a rezoning of 15.42 acres of property from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12) for property located south and west of Whispering Meadows Drive. (45-day limitation period: 5/18/07) SUB06-00017/REZ06-00026, discussion of an application submitted by MBHG Investment Co., LC for a preliminary plat of Whispering Meadows Subdivision Part 4, a 124-lot, 34.86-acre residential subdivision and rezoning from Medium Density Single Family (RS-8) zone and High Density Single Family (RS-12) zone to Planned Development Overlay Zone (OPD-8 and OPD-12) for property located south and west of Whispering Meadows Drive. (45-day limitation period: 5/18/07) Eastham recused himself indicating that he was president of the Board of Trustees of the Housing Fellowship, a non-profit affordable housing development partnership which was the general partner in a limited partnership which owned property within the 200-foot boundary of the properties subject to the rezoning request. Eastham left the meeting room, Howard gave Staff Report. The applicant had requested a rezoning of a portion of the property to allow a mixture of housing types within the proposed development. The central portion would be single-family townhouses. The South District Plan called for a mix of small-lot single family and duplexes; townhouses were a type of single-family dwellings which were becoming increasingly popular within Iowa City. The recently adopted revised Zoning Code contained new standards for townhouses to assure that neighborhoods were attractive and livable; Staff felt that the standards would be sufficient to take care of the design concerns expressed in the South District Plan. The applicant proposed to maintain an RS-8 zone transition area of single family homes between the existing development to the north, zoned RS-5, along the north side of Whispering Meadows Drive and also along the south side of the development which butted up against the Sycamore Greenway, The transition zone would help to concentrate units in the center of the development so garages would face private open space instead of public open space along the Sycamore Greenway and provide a buffer between the different housing types to the north. Planning and Zoning Commission May 3, 2007 Page 2 The site contains a number of sensitive features. Woodlands are located on the western portion, a blue- line regulated stream corridor which contained a series of wetlands flows through the center of the area and a series of fingers of wetlands flows to the north and to the east. Because of those sensitive features, the site would be difficult to develop. The developer had requested the rezoning in order to cluster the development away from the sensitive features of the site. A number of traffic implications would occur as a result of rezoning the property to high-density single family, Sycamore Street was the nearest arterial street to the development; Lakeside Drive, a collector street, was nearing traffic capacity. Grant Wood School, located near Lakeside Drive, increased the likelihood of pedestrian - vehicle conflicts, The Sycamore Greenway wound around the development property on the west and south sides, Staff hoped to limit crossings of the Greenway. The proposed logical crossing would be equal distance from Lakeside Drive and a future arterial street which would go further south of the property, Approximately 850 trips/day would be triggered by the proposed development which would put Lakeside Drive over its traffic capacity. Therefore the City felt that there was a need for another collector street from the development to the west to Sycamore Street. Staff felt that the proposed rezoning from RS-8 to RS-12 in the central portion of the property would be compatible with the Comprehensive Plan and with the surrounding neighborhoods, provided that the secondary access issue to the property was resolved by extending Whispering Meadows Drive to the western edge of the Sycamore Greenway to provide for an eventual extension to Sycamore Street. An unresolved issue was who would be responsible for paying for the cost of the proposed connection across the greenway to hook up with General Quarter's subdivision and the eventual street connection to Sycamore Street. The Developer was only willing to pay for the extension of the street to the edge of the property. REZ06-00026: Howard staid that the first rezoning was proposed to increase the density form RS-8 to RS-12. This second rezoning was for the Planned Development Overlay zone for the Sensitive Areas. Woodlands were located on the western portion of the property. Fingers of wetlands located along the stream corridor were fed by stormwater outlets from previous developments surrounding the property. The developer was required to preserve 50% of the woodlands located on the property. The applicant is requesting approval to allow more than 50% of the woodlands to be cleared in exchange for planting replacement trees. The developer intended to preserve 38% of the existing woodlands and plant 265 replacement trees on the property along the stream corridor, in the middle of the wetlands mitigation, along the edges of the buffer and to plant one tree in the front yard of every home in the development. Staff felt that the measures proposed by the developer to preserve and replace trees met the requirements of the Sensitive Area Ordinance (SAO). The 30-foot stream corridor extended east to west across the center of the property. The SAO required a 50-foot buffer around the stream corridor anywhere there was a corresponding second or third sensitive feature. Due to wetlands and woodlands being located within the stream corridor, much of the corridor would have to have a buffer on either side. Preservation of the stream corridor on the east side of Verbena Drive would be difficult as the bed and bank were not well defined and the topography was very flat. The applicant proposed to grade-out much of the area and reconstruct a large portion of the stream corridor and wetland cells. Staff felt that if the compensatory mitigation for the wetlands was acceptable, the impacts to the stream corridor would be acceptable provided that a buffer of equal to or greater than what would otherwise have been required for the existing stream corridor and wetlands was provided in the mitigation plan, In order to develop the property, the applicant would disturb wetlands which would require 2.26 acres of replacement wetlands according to SAO guidelines. The applicant had submitted a wetland mitigation plan to the City and to the Army Corps of Engineers. Because more than .5-acre of wetlands would be disturbed, the longer gO-day review period through the Corps of Engineers, the EPA Fish and Wildlife Service and the Iowa DNR was required, The applicant had not yet received approval of the proposed mitigation plan so Staff recommend that one of the conditions of the CZA stipulate that the Plan be approved before any development activity be allowed to occur on the site. Planning and Zoning Commission May 3, 2007 Page 3 Staff had reviewed the proposed wetland mitigation plan with Liz Maas, a wetland specialist, and found the mitigation plan to be a credible plan for replacement of the existing wetland and stream corridor. If successfully established, it could result in an improvement over the exiting low quality wetlands, Given that the proposed wetland mitigation area with a 50-foot buffer would be greater than the original wetlands, stream corridor and associated 100-foot buffer, Staff found this to meet the intent of the SAO. The mitigation site would be surrounded by a residential neighborhood, Because it is unlikely that construction of the homes in this development will be completed within the typical required 5-year wetland monitoring period, Staff recommended that the wetlands be monitored for as long as home construction is occurring on the lots that surround the wetlands. Also staff recommends a requirement for written reports to be submitted to the City after every site visit rather than just on an annual basis as proposed in the mitigation plan. Additionally a credible long term plan detailing maintenance and monitoring responsibilities including estimates of costs and how often and what types of maintenance will be necessary should be submitted as part of the subdivider's agreement at the time of final plat. The subdivision design consisted of 122 residential lots. The developer will need to extend Whispering Meadows Drive across City property in the southeast corner to connect with the next development to the south. The original design submitted called for a cul-de-sac, by extending the street to the west, the developer was able to gain two additional lots with the current plat which should help to mitigate the costs of building Whispering Meadows across the Greenway. The developer had requested a sidewalk waiver along Outlot A along the west side of Verbina Drive. Sidewalk waivers have proven to be problematic in the past. Residents in neighborhoods where sidewalks had been waived question why there are gaps in the sidewalk network and request that the City build those sidewalks at taxpayer expense. The City had recently adopted a "complete streets policy" that called for streets to be built for all users including pedestrians and bicyclists. Staff recommended that the streets be complete streets and the developer be required to build the complete sidewalk, Outlot C would be dedicated to the City as part of the open space requirement which would provide access to Sycamore Greenway to the south. Howard said Staff recommended that REZ06-00025, a request for a rezoning of 15.42 acres from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12) for property located south and west of Whispering Meadows Drive, be approved subject to a zoning agreement specifying that the developer will be responsible for constructing Whispering Meadows Drive to the west edge of the Sycamore Greenway to provide for adequate secondary access for the property proposed for rezoning. Staff recommends that REZ06-00026/SUB06-00017, a request for a rezoning from Medium Density Single Family Residential and High Density Single Family Residential (RS-8, RS-12), to Planned Development Overlay 8 and Planned Development Overlay 12 (OPD-8 and OPD-12), and the Sensitive Area Development Plan and preliminary plat for Whispering Meadows, Part 4, an approximate 34.86 acre, 122-lot residential subdivision located west of Whispering Meadows Subdivision Parts 2 and 3, be approved, subject to the resolution of deficiencies ad discrepancies noted in the Staff Report with regard to the sidewalk connection and to a Conditional Zoning Agreement specifying that . the wetland mitigation plan must be approved by the Army Corps of Engineers and all other applicable State and Federal agencies; . Copies of all site visit reports and annual monitoring reports submitted to the Army Corps of Engineers will also be sent to the City; . The wetland mitigation site will be monitored by a wetland specialist for as long as home construction is occurring on lots that surround the wetlands with written reports submitted to the City after every site visit (at least 3 reports per construction season) and any damage to the wetlands repaired . Prior to final plat, submittal of a maintenance plan prepared by a wetland specialist and approved by the City for the wetland areas and private open space within outlots A and B, detailing long term maintenance responsibilities and estimates of maintenance costs. Plahutnik said it appeared that the eastern portion of the stream that ran north-west appeared to have been disturbed and straightened at a previous time. Howard said the area had been farmed over the years. The area was fed by stormwater, wetlands had formed because the area was so flat. Planning and Zoning Commission May 3, 2007 Page 4 Freerks asked what would be the cost in terms of extending the road. Howard said the City Engineer had estimated the cost of constructing the road across the greenway with a 20% contingency at approximately $260,000. Brooks asked what was the precedent for requiring the developer to the east to make the connection through the entire distance of the greenway instead of the two developers sharing the cost. Howard said it was a judgment call as to whose development would cause the need for the street connection. Staff felt it was unlikely that persons residing in the General Quarters development would travel to the east as most destinations in the City were to the north and west. If the proposed development were not to develop, it would be unlikely that a connection across the greenway would be needed, Miklo said the property being discussed was being up-zoned, the property to the west was not. Koppes asked with respect to the proposed replacement trees that were to be planted in the yards, would there be any protections placed on the trees? Could the homeowner cut them down, what if a tree died? Miklo said in the SAD, a time period for which the developer had to maintain the trees was specified. Generally homeowners wanted to maintain the trees as a benefit to their property values. Plahutnik asked if the wetlands were not being maintained could occupancy permits be withheld until the wetlands were brought up to viable standards. Holecek said City legal staff was in the process of working with the developer to try to design a workable maintenance mechanism. The idea of a continuance of maintenance for those lots would make them difficult to sell. It was an unusual application, the City did not have another example of this type of maintenance obligation for a large development within the City, Steve Gordon, AM Management, project managers for MBHG Investors. Gordon thanked Staff for their assistance, it had been a long process over the past year. The site had been challenging; it had a lot of natural features to protect while at the same time protecting the investor's ability to sell the lots and build affordable housing. A good mix of housing had been proposed, the integrity of the existing neighborhoods had been protected and through clustering a nice neighborhood which enhanced the existing natural features had been proposed. Areas of disagreement: Requirement to install a sidewalk along the west side of Verbena Drive: All lots within the subdivision could access the entire subdivision and the City trail system without going out of their way and only crossing the street at an intersection. The exception would be lots 66-74, if they wanted to go north they would have to go south, cross the street, then go north. The developer felt that the large stretch of sidewalk along Verbena would be an undue cost burden to place on the residents, Maintenance of Wetlands during Construction: 5-years was normally required, they'd talked about 10- years or when construction on the lots surrounding the wetlands was completed. It was Gordon's understanding that they'd compromised on a 10-year requirement or when all the lots around the wetlands were completed, whichever came first. It was possible that a homeowner or builder could purchase a lot(s) and hold them for a long period of time. The developer felt that there needed to be some type of cap on the responsibility time limit. The City had very strict ordinance(s) regarding building requirements for stormwater runoff; those restrictions coupled with a 1 O-year monitoring and maintenance of the wetlands would be adequate to establish the wetlands, Gordon requested that language regarding 10-year limitation or when all the lots were developed be placed in the CZA. Open Space had not been discussed at the Staff level yet. 'Fees in lieu of was noted in Staffs Report. Gordon stated that he felt the development had adequate open space. The developer had offered the City a large parcel which was continuous with currently owned City space and trail system but the City had declined the offer, The developer felt it was not right that the City had declined their offer but would require fees in lieu of. Street connection from the subdivision to connect with general quarters. The developer wondered if an additional access was really necessary as there would be three separate access points - Whispering Meadows Drive, Indigo Drive and Blazing Star Drive. At issue was also who was to pay for the Planning and Zoning Commission May 3, 2007 Page 5 construction of Whispering Meadows across City land. They'd accommodated the request to make Whispering Meadows Drive a collector street, it had originally been designed as a cul-de-sac. They had lost available land because of the street re-design and it had increased their construction costs. A portion of Whispering Meadows Drive would be for the greater publiC good, which was the definition of a collector street. The developer felt it was within their rights to assert that the City pay for a portion of the street. The developer took issue with the City requesting them to pay for the costs of constructing Whispering Meadows Drive across the City Greenway land to which the City held title. The developer should not be required to pay for the costs of public improvements that extended beyond the platted boundaries of their subdivision; the extension of Whispering Meadows Drive across the Greenway was not necessary to serve the subdivision from an access standpoint alone. Under City Code, a developer was not required to extend streets outside the boundaries of the subdivision across public property. If the City chose to be a landowner, they should not be exempt from the requirements of the City Code. Requirement of Whispering Meadows Drive to be a collector street was inconsistent by definition with the claim that it would only serve their residents. A collector street served a larger area and would benefit a much larger area than just the proposed development. It would be unfair to place the financial burden completely on the homeowners of their subdivision, Design and location of the crossing across the Greenway had been inco'nsistent over the years. The land was being up-zoned but due to clustering and the existing natural sensitive features on the land actual density would be much less than allowed by RS-5 zone. The cul-de-sac lots would have been much larger and more desirable; now every lot along Whispering Meadows Drive would be less valuable as they would be on a collector street as opposed to a quieter cul-de-sac, To burden the 122 homeowners with the estimated costs of public improvements of $270,000-$300,000 would amount to an increase in thousands of dollars per lot for public improvements to land owned by the City which was unreasonable and unfair. Koppes asked Gordon regarding the Good Neighbor policy. Gordon said they'd had two different meeting nights in the Saddlebrook Club house. They'd sent letters to property owners within the 200-foot radius. The plan had been a little different at that time. Shannon asked Gordon what was his understanding of the home owner's association responsibility for maintenance of the wetlands. Gordon said they intended to put together a game plan of what would be required over time to maintain an area such as the proposed development. It was their intent that once everything was sold that a homeowner's association would be created and a small yearly fee would be put into a kitty that would go toward long-term maintenance of the wetlands. The developer's intent was to give the association a blue-print of how to monitor and maintain the wetlands. Smith summarized Gordon's 4 primary areas of discrepancy: requirement of fees in lieu of open space; crossing for the greenway; sidewalk; limitation period for wetland maintenance, either during time of construction or 1 O-years which ever occurred first. Gordon said that was accurate. Those were the 4 areas in which they disagreed with Staffs recommendations, the critical one being the crossing of the greenway which had the potential to make the project not even feasible to undertake. Howard said Parks and Recreation Department did not accept land that was not suitable for active park space. For the City to take on land which had numerous sensitive features on it was more of a burden than a benefit to the public as far as park space went. The Neighborhood Open Space ordinance intended for open space to be flat, usable, playground type space. It was up to Parks & Recreation whether they wanted to accept the land or not, if they did not then the ordinance specified that fees should be paid in lieu of. The City Council would decide this particular issue. Freerks asked if the fire department had commented on the proposed accesses to/from the development. Howard said generally the more street connections the better for emergency access and the efficiency of providing public services over time. Due to not knowing how much development would actually occur on this property because of the sensitive features, it had been difficult early on designing street connections. Planning and Zoning Commission May 3, 2007 Page 6 When General Quarters had been designed it had not been known if any development would occur on this piece of property or not. The City had tried to purchase a large portion of this property to add to the Sycamore Greenway because it had a lot of sensitive features on it but that negotiation with the property owner had not worked out. Ron Amelon, MMS Consultants was present to answer questions from the Commission. Public discussion was opened. Sharon Sorenson, 26 Amber Lane, said she had a listing of signatures regarding removal of the wooded area in the Sycamore Greenway. She had lived in her house for less than one year; one of the reasons they had purchased the house was because of the wooded area behind it. The individuals who'd signed the petition were concerned about the loss of the woodlands and the wildlife and the fact that all the houses would be constructed in an area where the land was already saturated with water and run-off from downspouts and people residing in the area. With the loss of trees, the land would soak-up less water and it would be at least 50-years before the bicycle path would have shade again. She had attended the previous two good-neighbor meetings. In the first meeting the developer had indicated that they would only cut down 50% of the trees, at the second meeting they had said that all the trees in the area would be removed, Sorensen said the intent of the petition was to request that consideration be given to preventing the trees from being cut-down, Miklo indicated in which areas trees would be removed; not all the trees adjacent to the greenway would be removed. Gordon said in the original plan with the cul-de-sac they had been able to preserve more trees in the northwest corner because it was a cul-de-sac and not a through street. Along the north edge of the property the developer had always planned to create a drainage way to take care of water; any trees that were not in the buildable area would be preserved to the best of the developer's ability, By pushing the street through, the tree situation was clearly different than the original proposal. Public discussion was closed. Motion: Koppes made a motion to defer REZ06-00025, an application for a rezoning of 15.42 acres of property from RS-8 to RS-12 and SUB06-00017/REZ06-00026, an application a preliminary plat of Whispering Meadows Subdivision Part 4, a 124-lot, 34.86-acre residential subdivision and rezoning from RS-8 and RS-12 to OPD-8 and OPD-12 for property located south and west of Whispering Meadows Drive. Shannon seconded the motion, Shannon said he was also concerned with the proposed removal of trees and would like additional information on the footprint(s) of the house and streets where trees were to be removed and additional information on the long term maintenance and protection of the wetlands. Smith said to paraphrase Sorenson's concern's, #1) runoff which the development was taking care of and #2) sheer loss of the forestry, trees and aesthetics of the area which had been the reason why she'd purchased her home. The area was not a dedicated parkway which would guarantee that the trees would continue to exist so unfortunately concern #2 was outside of her property owner's rights. The only way to preserve the area would be for private individuals to purchase the lots, the Commission could not hinder the developer's ability to develop their land. Smith said issues between the developer and Staff included 1) Sidewalk - he felt the sidewalk should be required. In his short tenure with the Commission he'd already seen sidewalk issues come before the Commission, he'd prefer to have a sidewalk system maintained on both sides of the street. 2) Requirement to monitor, maintain and report three times throughout the construction season, He agreed with the applicant that once the lots were sold it was out of the developer's hands and some sort of sunset or clouding clause should be included, A limitation set at 10-years or completion of the development seemed reasonable to him. 3) Open space fees in lieu of - if 13-acres out of 34-acres were to remain as open space, it seemed to be a valid argument that fees were unreasonable. 4) Crossing of the Greenway. They were trying to develop entry-level, small lot, affordable housing. The more burden put on the developer the more which would get passed on to the homeowner and the less likely they would end up with affordable housing. Just because the City owned property didn't mean that the City Planning and Zoning Commission May 3, 2007 Page 7 itself would pay for the expenses, the taxpayers/all the members of the community would pay if the City had to pay for the development. People incurring an expense should pay for that expense, an expense which would benefit only a few living in an isolated area should pay for that expense and it should not be passed on to and spread among the masses. The extension didn't seem to benefit the City as a whole, it appeared to benefit that general isolated area, Smith felt the cost should be born locally and isolated, His preference would be a 50/50 split. Each developer should extend the street 50% of the way, Miklo said the 50/50 split would not be possible, there would not be a rezoning to the west so the City would incur any portion not paid by this developer. Koppes said her main concern was the overall traffic flow in that area. Adding that many more properties to that general area without Sycamore Street being improved and without a guarantee when the other road would be installed would make Lakeside Drive a very dangerous place. The sidewalk needed to be installed, She was also concerned with a homeowner's association being responsible for maintenance and monitoring of the wetlands, What if the association dissolved or neglected the area, there would be no enforcement mechanism. Her preference was to not have a limit in years (Le. 10-years) but to have it stipulated as "when construction is finished". Plahutnik said the developer was offering wetlands as open space in lieu of payment. There were wetlands on the property and what the residents of the neighborhood would want would be soccer fields and baseball diamonds, The sidewalk should be installed, trying to resolve sidewalk issues after the fact was impossible. He had no wish to encumber what a developer could do with their property with respect to trees; wooded lots were worth more. The City did own the property under the Greenway but it was not for recreational or financial benefit. It was part of the stormwater management program which benefited the entire district. He saw the crossing need as generated by the proposed development. He didn't feel that it was very fair that the development pay for the entire expense but the majority of the need was generated from the development. Freerks said she agreed with the prior comments and Staffs opinion regarding the installation of the sidewalk. Wetlands, mitigation and maintenance plan - she'd like the stipulation to be "until completion of construction" as she felt it was important to assure that maintenance was done property so no issues would occur in the future. The connector street was a tough call, she felt that the General Quarters Subdivision had taken care of their responsibility to the north and similarly the Whispering Meadows connection would benefit the proposed development the most. She would agree that the development pay for the costs. Trees and wooded lots - wooded lots sold very well and she hoped that the developer would do the right thing, The motion to defer passed on a vote of 6-0 (Eastham recused). Eastham rejoined the Commission, OTHER Consider a request submitted by Mike McLaughlin to amend the zoning code to allow duplexes on lots narrower than 80 feet without access to an alley or rear lane. Miklo said a letter from Mike McLaughlin had been included in the Commissioner's information packet. With respect to this matter they could decide not to study it, study it and put in on the pending list or study it and put it at the top of the pending list. Staff felt that during the rewrite of the Zoning Code there had been a lot of discussion regarding lot width and configurations; a lot of compromise had been achieved during those discussions. At this time, Staff did not see the need to re-open those discussions. Mike McLaughlin, property owner of 315 S. Dodge Street, said the existing structure on this particular parcel of land was not well maintained. Lot size was 46 x 160 square feet, 50-feet deep with an existing driveway along the north side of the house, a shared driveway along the south with an easement for lots 315 & 317 North Dodge Street. McLaughlin said he was requesting latitude to 14-48-5- Item F - Access. Planning and Zoning Commission May 3, 2007 Page 8 Previously there had been an alley which had run north and south, a section was currently owned by a property on Burlington Street. When the former alley had been vacated, McLaughlin did not have the vision or knowledge that City Code would change therefore limiting the ability to develop properties within the block. The current zone would permit multi-family development which would require a wider drive to access parking in the rear. He was requesting consideration for a less dense option with a two-family use but the current code would not allow that option. He would like an amendment to the current code or exceptions to allow a less dense 2-family use for his particular lot. The existing structure was a single- family structure. Eastham asked why the applicant was interested in a duplex or 2-family use, McLaughlin said under the current code based on the restrictions on the lots, set-backs, driveway widths and buffers that he would be able to construct a more appealing 2-family use building rather than a of multi-family structure. For persons residing in the structure a 2-family use would be more desirable than multi-family, Eastham asked what population he would be marketing the 2-family use to. McLaughlin said probably to student rentals. Eastham asked if McLaughlin would consider marketing to non-student persons. McLaughlin said he'd considered developing it and selling it. If he was limited to a multi-family use, he'd probably build and sell it as condominiums. Eastham asked if McLaughlin had additional properties along Dodge Street or in the neighborhood that were already duplex configuration. McLaughlin said not in that particular block, he did have properties further south. Miklo said Staff and McLaughlin had looked at a couple of multi-family proposals but they didn't meet Code. Given how narrow the lot was he was not sure a multi-family unit could be constructed on the lot. Howard said even with concessions, it was questionable if a duplex could be built on the lot. The narrowness of the lot constricted the use, not necessarily the zoning regulations. McLaughlin said he'd had some discussion with a neighbor on Johnson Street who owned a property west and one lot to the south of his lot. An existing driveway serviced two properties but that neighbor was hesitant to accept a minimum of 6 more vehicles on their driveways. He'd also need to make arrangements with an additional property owner whose property had a tail of the alley on it. Eastham asked if McLaughlin built a condominium structure, who he would market those units to. McLaughlin said parents of college students or perhaps young professionals. Holecek said it was important to note that when making land use decisions it was not who would occupy the particular land use but whether the land use was appropriate given the inherent characteristics of the property around it. Who the structures would be marketed to was not a valid basis for making a land use decision. Miklo said the intent of the RNS-20 zone, Neighborhood Stabilization Residential zone was to stabilize and preserve the character of older neighborhoods which contained a mix of single family housing, duplex, single-family structures which had been converted to multi-family and properties which had been redeveloped to multi-family housing. Freerks said she'd attended the Central District Quality of Life meeting. During roundtable discussions, the concern that neighborhood stabilization was not doing its job had been raised and discussed. Public discussion was closed. Koppes asked Miklo to review the Commission's To-Do list. Miklo said regarding the new subdivision regulations - a draft had been distributed to the HBA and other interested groups. A 30-day comment period end at the end of May. Revisions would go before the Commission and they would also have a series of public meetings which could go into the fall. The Central Planning District had one final focus meeting in May and then another public workshop in June, A considerable amount of staff time would then be required to write up the Central District Plan document and a series of public input meetings Planning and Zoning Commission May 3, 2007 Page 9 would occur over the following several months. CB-10 zone was a high interest item which needed to be addressed in the very near future. CB-2 zone should be addressed at some point as well. Brooks said the Commission needed more comprehensive information on the issue that McLaughlin was requesting, He'd prefer to place it on the study list but it would be non-priority and have to be worked in as Staffs time permitted. Plahutnik said per Miklo's reading of the intent of Neighborhood Stabilization Residential zone, keeping existing single family homes from being developed into multi-family homes was specifically cited as an intent of the Code and the Code was working very well in this instance. It raised a very high bar of standards and all the pieces of the Code had to be met. Freerks said she agreed with Plahutnik, The revised Code had not been in operation long enough to consider making changes such as those being requested but if the Board did decide to review the request it would need to be placed at the bottom of the work list. She did not support a review of the zoning code in this regard because it has not been in effect long enough. Eastham said he'd support the notion of looking at this further. Smith said he'd support putting something more general on the pending list such as maintaining a listing of concerns with the Code that could be referenced in the future when the Commission was reviewing I considering those particular Code items. Howard said she currently maintained such a listing. Freerks asked if there was a majority of the Commission that wanted to place Mr. McLaughlin's request for review of the zoning code provision with regard to the access issue on his property in the RNS-20 Zone. A majority of the Commission indicated that they did not want to study this issue further at this time. CONSIDERATION OF THE APRIL 19. 2007 MEETING MINUTES Smith made a motion to approve, Brooks seconded. Motion approved by a vote of 7-0. ADJOURNMENT Smith made a motion to adjourn the meeting. Brooks seconded. Motion approved by a vote of 7-0. The meeting adjourned at 9:31 p,m. Minutes submitted by Candy Barnhill. s/pcd/mi nutes/p&zl2007/05,03-07. doc Iowa City Planning & Zoning Commission Attendance Record 2007 - -- Term Name Expires 1/18 2/01 2/15 3/01 3/15 4/05 4/19 5/3 Brooks 05/10 X X X X X OlE X X Eastham 05/11 X X X X X X X X Freerks 05/08 X X X X X X X X Koppes 05/07 X X OlE X X X X X Plahutnik 05/10 X X OlE X X X X X Shannon 05/08 X X 0 X X X X X Smith 05/11 X X X X OlE X X X FORMAL MEETING A. Term Name Expires 1129 2/26 4/16 4/30 B. Brooks 05/10 X X X X C. Eastham 05/11 X X DIE X A. Freerks 05/08 X X X X E. Koppes 05/07 X DIE X X W Plahutnik 05/10 X X X X D.Shannon 05/08 DIE X X X T. Smith 05/11 X X X X B. INFORMAL MEETING Key: X = Present o = Absent DIE = AbsenUExcused MINUTES SENIOR CENTER COMMISSION APRIL 17, 2007 G08/9 SENIOR CENTER FINAL/APPROVED APRIL 2007 ~ ~ Call to Order: Meeting called to order at 3:35 PM Robert Engel, Chuck Felling, Jay Honohan, Betty Kelly, and Sarah Maiers and Nancy Wombacher David Gould Michelle Buhman and Linda Kopping Lynn Campbell and Carol Hans Members Present: Members Absent: Staff Present: Others Present: RECOMMENDATIONS TO COUNCIL None APPROV AL OF MINUTES Motion: To approve the March 19,2007 minutes as amended Added that the Commission introduced Chuck Felling as a new member to the Commission. Motion carried on a vote of 6-0. KellylMaiers. PUBLIC DISCUSSION None COMMISSION ASSIGNMENTS Honohan volunteered to write the web article summarizing the April 2007 meeting and report on this meeting to the City Council. Kelly will report to the Board of Supervisors. Engel agreed to write the web article from the May 22, 2007 meeting. ASSEMBL Y ROOM RENOVATION UPDATE -KOPPING Senior Center staff conducted a survey in the Assembly Room in an effort to find out which chair would be the most suitable for all activities. Unfortunately this survey did not provide one clear choice. The committee selected one chair from the top three picks. A picture of the selected chair, fabric, wall color and table top was circulated. The Assembly Room will need a total of 220 chairs. In an effort to accommodate all groups using the space 110 chairs will be ordered with arms, and 110 chairs without arms. An estimated cost for the items was distributed and reviewed. The sound system that was installed and is operational cost $11,849.77. The estimated cost of each chair is $230 without arms and $253 with arms. The funding for the chairs will come for the Eleanor Hughes bequest. At the last meeting of Senior Center Fund Inc, it was decided to purchase chairs if Elder Services Inc, who received a matching bequest from the Hughes Estate, would agree to provide 50% of the funding for this project. If Elder Services Inc. 1 FINAL/APPROVED APRIL 2007 Board does not recommend funding for the project the Commission will need to revisit the plan to purchase these tables and chairs. The Commission suggested making The wall treatment in the Assembly Room includes painting the room at an estimated cost of $5,050 and acoustical panels at an estimated cost of $8224. The cost estimate for the track lighting and installation is $15,778. In order to comply with fire code a new coat rack storage system needs to be purchased. The estimated cost for fire proof coat rack system is under $2000. The current coat rack units will be reused in other areas of the building. The carpeting in that area also needs to be replaced at an estimated cost of $2500. Kopping is researching the cost for the donor recognition wall that will be displayed on the first floor of the Center in the hallways leading to the rest rooms and room 103. STANDING COMMITTEE STATUS REPORT Promotion Committee- Gould Buhman reported on the progress of the Legacy Letters Project. Last week Jennifer Stagg from KGAN interviewed members of the Write Your Life Story class who had written a Legacy Letter. Stagg plans to interview clients from area assisted living facilities who are also working on the project as well as students in David Gould's University oflowa class. They will broadcast the interviews during the 6:00 and 10:00 news during sweeps week. The Press Citizen is planning to print a follow-up article last this month. Gould, Mitchell and Buhman have been meeting weekly to review the letters and create a display and program that will be held at the Senior Center on June I, 2007. Buhman encouraged Commissioners to write a letter for the project. OPERATIONS - Kopping Kopping reported that she is waiting for a cost estimate for repairs that need to be made to the ground and first floor rest rooms. Architects have come up with plans to possibly incorporate the installations of showers on the ground floor as part ofthe total project. The room move project is underway. Phone and internet lines are scheduled to be installed starting next week. Due to the appearance for a conflict of interest, SHIIP can not share the AARP office. SHIIP has agreed to share space with the Visiting Nurse Association which is currently located on the ground floor. COMMISSION DISCUSSION-Honohan The committee working on the proposed merger with the Parks and Recreation department has not met. The committee will need to meet this summer. Honohan encouraged everyone to watch this months Senior Center Television show called Nuts and Bolts. Nancy Wombacher read a letter from Diane Brohill, Event Management Assistant at the University of Iowa. The letter expressed the University's Athlete Department's appreciation for having the Senior Center's Drill Team perform at halftime during the women's basketball game Dec. 3,2006. 2 FINAL/APPROVED APRIL 2007 Buhman reported that Susan Rogusky and student intern, Jessica Fischels have collected and sent in nine boxes of 50 phones or approximately 450 cell phones through the cell phone recycling fund raising project. Each box of 50 has averaged a little over $100 each. They will continue to collect phones throughout the year. MOTION: The Commission would like to express their appreciation to Susan Rogusky and Jessica Fischels for taking the initiative and success of the Cell phone recycling program. EngeVMaiers Motion carried on a 6-0. Kopping reported that since SCTV gave their presentation at the National Council on Aging conference in Chicago, the group has been invited to speak on panels related to community communication and how to get area seniors involved. Plans are in the works to start a similar program at Northwestern University. Motion: To adjourn. Maiers/Kelly. Motion carried on a vote of 6-0. 3 FINAL/APPROVED APRIL 2007 Senior Center Commission Attendance Record Year 2007 Name Term 1/16 2/20 3/19 4/17 Expires Bob EnQel 12/31/08 X X OlE X David Gould 12/31/08 X X X OlE Jay Honohan 12/31/07 X X X X Bettv Kellv 12/31/07 X X X X Sarah Maier 12/31/06 X X X X Nancy Wombacher 12/31/06 OlE OlE OlE X Key: X= 0= O/E= NM= Present Absent Absent/Excused No meeting Not a member 4 MINUTES IOWA CITY HUMAN RIGHTS COMMISSION TUESDA Y, March 27, 2007 LOBBY CONFERENCE ROOM, CITY HALL FINAL IJ:: Members Present: Scott King, Sehee Foss, Kate Karacay, Sherry Hunter, Eric Berger, Sara Baird, Joy Kross, Beverly Witwer, Martha Lubaroff. Staff Present: Stefanie Bowers Call to Order Witwer called the meeting to order at 7:00 p.m. Recommendations to Council (Become effective only after separate Council action): None. Consideration of the Minutes of the February 27, 2007 meeting MOTION: Kross moved to accept the minutes as submitted, and King seconded. The motion passed on a vote of9-0. Presentation of Certificate Witwer presented outgoing Commissioner Foss with a Certificate signed by the Mayor; Foss graduates in May from the College of Law and resigned her position on the Commission. GA YLA Week Program Commissioners approved a contribution of $250.00 to help bring Magdalen Hsu-Li to the University of Iowa GA YLA program in April. New Human Rights Investigator Bowers updated Commissioners on the hiring of Kristin Watson who will start on April 4, 2007. Hate Acts Rapid Response Team Bowers met with Shams Ghoneim and Rabbi Jeff Portman to plan future programming for the community. A committee will be formed to assist with the programming. The first meeting will be in April. Youth A wards Witwer will host the event and Baird will present the Awards. Other Commissioners will assist with placing youth in the correct spot and coordinating the rows. HR Proiect Lubaroff will contact Dorothy Simpson-Taylor later in the week to select a time to meet to go over the project. Breakfast Update The Keynote Speaker will be Alfred Ramirez of Diversity Focus. Film Series Baird and Berger will compile a list of films for the Commission to vote on at next meeting. Human Rights Scholarship Baird drafted a description of the Award and presented it to the Commission. The Award description passed on a vote of9-0. Reports of Commissioners Berger is participating in a global movement to Save Darfur on April 23-30. Karacay will be going to Turkey for 2 months. Witwer has volunteered to assist with the 50K race being sponsored by the Neighborhood Centers of Johnson County. Witwer also announced her delight in the Senate passing a bill to add sexual orientation and gender identity to the State Civil Rights Code. Baird attended a program on Latinos in Iowa and learned a lot about the Civil Rights Movement that occurred in Iowa. King announced the resignation of Carlos Serrato from the University ofIowa Student Life. Adjournment There being no further business before the Commission, the meeting was adjourned at 7:58 p.m. Board or Commission: Human Rights ATTENDANCE RECORD YEAR 2007 (Meetin Date TERM NAME EXP. 1/23 2/27 3/27 4/24 5/22 6/26 7/24 8/28 9/25 10/23 11/27 12/25 Bev Witwer 1/1/08 X OlE X NM Sara Baird 1/1/08 X X X NM Scott King 1/1/08 OlE X X NM Martha 1/1/09 X OlE X NM Lubaroff Kate Karacay 1/1/09 X X X NM Sehee Foss 1/1/09 X X X NM Joy Kross 1/1/10 X X X NM Eric Berger 1/1/10 X X X NM Sherry Hunter 1/1/10 X X X NM KEY: x = Present o = Absent DIE = AbsentlExcused NM = No meeting --- = Not a Member NMNQ - No meeting, no quorum IOWA CITY TELECOMMUNICA nONS COMMISSION FINAL MONDAY, APRIL 23, 2007--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY I 4b(7) MEMBERS PRESENT: Saul Mekies, Gary Hagen, Brett Gordon, Margaret Wieting MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy, Mike Brau OTHERS PRESENT: Lee Grassley, Beth Fisher, Steve Newell, Josh Goding, Laura Lowe, Perry Ross, Hans Hoerschelman, Phil Phillips, Holly Berkowitz RECOMMENDA nONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Grassley reported that Mediacom sent the City a notice of intent to increase the basic tier rate by $1 and the family package by $3 in August. Goding reported that P A TV has been working on the state franchising bill. P A TV filed comments with the FCC in support of the Alliance of Community Media's statement regarding the FCC Report and Order on franchising terms for new entrants. The FCC's Report and Order maintains that all franchising of phone and cable companies should be the FCC's responsibility. Lowe provided a list of new programs produced by the school district. The number was up substantially from past months. Shaffer referred to the study done by Laura Bergus of North Liberty, which compared the unregulated rates in North Liberty's competitive environment with the regulated rates in the noncompetitive Iowa City market and noted that Iowa City has a lower basic tier rate. Shaffer said the FCC's new regulations regarding franchising terms and conditions for new entrants became effective April 20. A number of organizations including the National League of Cities, the Alliance for Community Media, and the National Association of Telecommunications Officers and Advisors have filed a lawsuit challenging the FCC's authority on the matter. The City filed comments with the FCC in the rulemaking process. Shaffer reported he and a number of people from various cities and the League oflowa Cities met with staff from the Governor's office regarding SF 554. Mekies said the Commission might wish to consider if the community needs seven access channels and work to determine the efficiency and use of each channel. This concern has been expressed by members of the City Council. Shaffer said there are a number of ways to evaluate and compare access channels. Wieting asked if each channel had a mission statement, an action plan, and an evaluation process at the end of each year. Wieting asked if there are areas each channel evaluated beyond the amount of programs produced. What are the criteria to determine success? Mekies said the amount of new programs produced is one criteria and asked Shaffer and Commissioners to think about what other criteria need to be considered. APPROV AL OF MINUTES Hagen moved and Gordon seconded a motion to approve the March 26, 2007 minutes. The minutes were approved unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hagen said he toured the Senior Center Television facilities and encouraged Commissioners to visit the access channels' facilities. Mekies reported that he had written an op-ed piece for the Press Citizen and contacted local legislators regarding S.F. 554, the state franchising bill, which was recently passed by the Iowa General Assembly. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer referred to the complaint report in the meeting packet and noted complaints were down. All complaints that could be resolved have been. MEDIACOM REPORT Grassley reported that Mediacom sent the City a notice of intent to increase the basic tier rate by $1 and the family package by $3 in August. Grassley said he has been in Washington DC working on three issues: retransmission consent, the administration of the Rural Utilities Service of the Agriculture Department, and the transition to digital transmission. The Rural Utilities Service has a program to provide loans to companies who will offer high-speed data to unserved rural areas. A $10 million loan was given to Lisco in Fairfield to serve consumers within the corporate boundaries of Fairfield where Mediacom provides Internet service. Mediacom hopes to reform the process so there is transparency prior to issuing a loan. Regarding the transition to digital transmission Mediacom has requested a waiver from the FCC regarding digital converter boxes. The FCC has rules to require boxes with a certain security protocol but Mediacom's boxes already provide security using a different technology. Mekies asked about Mediacom's reaction to SF 544. Grassley said that Mediacom's approach would be to ask a municipality to amend their franchise rather than have Mediacom seek a state franchise in the event a competitor provides a 30-day notice of intent to provide service. UNIVERSITY OF IOWA REPORT No representative was present. PATV REPORT Goding reported that P A TV has been working on the state-franchising bill. A program on the legislation will be taped tomorrow. The next guidelines workshop will be May 6 from 12-2 and the next studio workshop will on April 30 at 6 p.m. The next Board meeting will be May 17 at 7 p.m. PATV filed comments with the FCC in support of the Alliance of Community Media's statement regarding the FCC Report and Order on franchising terms for new entrants. Board member Steve Newell said that P A TV is exploring ways to ensure continuity of service in the event financial and policy changes were to disrupt operations. A break in service could jeopardize the number of producers and programs produced. KIRKWOOD COMMUNITY COLLEGE REPORT O'Brien was unable to attend but provided a written report that was included in the meeting packet. SENIOR CENTER REPORT No representative was present. IOWA CITY COMMUNITY SCHOOLS REPORT Lowe provided a written report. Included in the report was a list of new programs produced. The number was up substantially from past months. Among the new programs are several episodes of Education Exchange, District Parents Organization meetings, Math Curriculum Update, and a program on the district's 2007-8 budget. Several musical performances from West High are also being cablecast. Channel 21 is now cablecasting 16 hours a day, up from 14. A number of new programs are in the works from across the district. Lavalier microphones may be purchased for School Board meetings. Web streaming of programs is under consideration. Snippets from programs may be added to the web site. Hagen said the school district is making progress with the channel. Hagen said he read in the paper that students from West High had made some movies and asked if they might be cablecast on the school channel. Ross said that is possible. Ross said that a l5-minutepromotional piece on each school is planned. Wieting said that it appears that getting programming for the channel is not in Lowe's job description. The schools need to have a method to get other people involved. Lowe said the school's approach is to make program development as part of the curriculum and is student-driven as much as possible. Wieting said that if programs were coming from students the channel would attract more viewers. Gordon commended the schools on their progress. Mekies also commended the schools and said the Commission did its job in helping to make the school district more successful in programming Educational Channel 21. LIBRARY REPORT Fisher reported three events associated with Webber Days will be held taped in May--Irving Webber Stories, the Irving Webber History Lecture on architecture of the University of Iowa, and the Old Time Music Ice Cream Social. CITY MEDIA UNIT REPORT Hardy reported that among the upcoming productions of the Community Television Service are a presentation regarding National Crime Victim Week, a Geneva Lecture, Big Brothers/Big Sisters, and the Johnson County Council of Governments. The WiFi database is now also available on the City of Iowa City website. An interactive program schedule is being developed which will provide enhanced descriptions and search functions. The installation of the new sound system in the Senior Center is nearly finished. CABLE ADMINISTRATOR REPORT Shaffer referred to the study done by Laura Bergus of North Liberty, which compared the unregulated rates in North Liberty's competitive environment with the regulated rates in their noncompetitive Iowa City market and noted that Iowa City has a lower basic tier rate. Shaffer noted that one of the articles in the packet regarding the state franchising bill had extensive reader comments from a former Commissioner, Brett Castillo who now lives in Oregon. LEGISLATION AND FCC Shaffer said the FCC's new regulations regarding franchising terms and conditions for new entrants became effective April 20. A number of organizations including the National League of Cities, the Alliance for Community Media, and the National Association of Telecommunications Officers and Advisors have filed a lawsuit challenging the FCC's authority on the matter. The City filed comments with the FCC in the rulemaking process. Shaffer reported he and a number of people from various cities and the League oflowa Cities met with staff from the Governor's office regarding SF 544. Shaffer reviewed all the amendments to the bill. Among the positive provisions in the bill are: protection of access channel funding until the franchise expiration date - but were not able to extend this protection beyond the franchise expiration date; provisions which permit the inclusion of advertising revenue in the definition of gross revenues for cities which currently includes advertising in the definition - previously the bill did not include advertising revenue in the gross revenue definition; permit a municipality which had less than a 5% franchise fee to increase their franchise fee to 5% upon expiration of their franchise agreement; allow a cities and/or access channels to pay back an operator over a 12 month period for any expenses for equipment to convert access channel signals to the operator's standard - previously this was an up front cost to access channels; changed the responsibility of the cities' for the cost of a franchise fee audit from an 8 to 5% underpayment threshold; made the collection of franchise fees in excess of management costs legal - this is important given the current lawsuits against cities claiming that the franchise fees are an illegal tax; and required only a toll free telephone number for customer service. Amendments that did not pass include minimum build-out requirements for new video service providers; a study after one year to evaluate the bill's effect; prevention of predatory pricing; any effective consumer protection services; protection of access channel funding beyond the franchise expiration date; and a tax on satellite television services; no rate regulation; no INET extensions; no local citzeb involvement process. In the meeting with the Governor's office there were several strategies discussed. One option was to put the desirable amendments that did not pass in a standings bill, which is a catch-all bill introduced at the end of a session. Pushing back the effective date of the bill was also considered. The Governor also has the option of trying to get an amendment passed by going back to the legislature. UTILIZATION OF ACCESS CHANNELS Mekies said the Commission might wish to consider studying the need for seven access channels in Iowa City and to determine the efficiency of the use of each channel. This concern has been expressed by members of the City Council. Shaffer said there are a number of ways to evaluate and compare access channels. The Commission receives programming reports from the channels already. The Commission would need to determine what methods they would like to employ to evaluate the access channels. One measure, for example, could be the amount of new programs produced. Wieting asked if each channel had a mission statement, an action plan, and an evaluation process at the end of each year. Wieting asked if there are areas each channel evaluated beyond the amount of programs produced. What are the criteria to determine success? Mekies said the amount of new programs produced is one criteria and asked Shaffer and Commissioners to think about what other criterion needs to be considered. WiFi This item was discussed previously. ADJOURNMENT Hagen moved and Wieting seconded a motion to adjourn. The motion passed unanimously. Adjournment was a 7:04 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusaek Date Thrower 6/2/03 x x x x x 7/28/03 x x x x x 8/25/03 x x x x ole 9/22/03 x x x x ole 10/27/03 x x x x o/c 11/24/03 x x o/c x x 12/15/03 ole o/c x x x 1/2/04 x o/c x x x 1/26/04 x x x x x 2/23/04 x o/c x o/c x 3/22/04 x x x x x 4/ 26/04 x x x x O/C 5/24/04 x x O/C x x 6/28/04 x x x o/c x 7/26/04 o/c x x x x 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 10/25/04 X X 11/04 Did not meet Did not meet Did not meet Did not meet Did not meet X X X X X 12/20/04 1/24/05 X X X X X 2/28/05 X X X X Gary Hagen 3/8/05 X X X X X 3/25/05 X 0 X X X 4/25/05 x o/c X X X 5/23/05 X 0 x vacancy X James X x Bebe x Ehrmann Balantvne 6/27/05 X x X X X X Michael Chritians 7/25/05 0 X X X X 9/26/05 0 X X 0 X 10/31/05 X X o/c X X 11/28/05 X X X X X 1/23/06 o/c X X 0 X 2.27/06 X X X 0 X 3/27/06 o/c X X John X Weaterson X 4/24/06 X X X X X 5/22/06 0 x x/o 0 X 6/26/06 0 X Vacant 0 X Nick Parker 7/24/06 x x x X 8/24/06 X x M. Wieting olc X 9/25/06 x x x Ole X 10/23/06 x X x olc X 1 0/30/06 x x x vacant X 11/27/09 x x x X 12. 18/06 X X X X Brett Gordon 1/22107 X X X X X 2/26/07 X X X X X 3/26/07 Vacant x olc x X 4/23/07 Vacant X X X X 521/07 X X olc X x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) MINUTES Youth Advisory Commission April 25, 2007 Lobby Conference Room, City Hall FINAL Frb5~) - Call to Order: Meeting was called to order at 7:02 P.M. Members Present: Keranen, Nelson, Segar, Ziegenhorn Members Absent: Bleam, Stubbers, Weeks Others Present: City Clerk Karr Approve Minutes: Ziegenhorn motioned to approve the minutes, Segar seconded. Approved 4-0. PAULA Deferred Prosecution Proposal: Karr stated that the proposal recommended by UI students was discussed by the City Council, which decided not to pursue proposal. The Council directed the proponents to pursue the issue at the state level. Accordingly, the invitation to speak to the Commission was cancelled. Report from Summer of the Arts Subcommittee: Ziegenhorn reported that all of the craft supplies have been ordered through Deb Greene. Now the subcommittee is focusing on obtaining decorations and scheduling volunteers for helping at the event. Volunteers from the Interact clubs at City High School and West High School have been assigned shifts from 9 A.M. to 1 P.M. and 12 P.M. to 4 P.M. Since the event starts at 10 A.M., there will be one hour to set up. Ziegenhorn will be at the event all day. Keranen offered to work from 9 A.M. to 1 P.M. Segar offered to work from 12 P.M. to 4 P.M. Karr offered to work if needed, Karr clarified that the "June 1 & 2" printed on the April 25, 2007 meeting agenda gave the dates for the Summer of the Arts, while the Global Village event occurs only on June 2. The banner printed for the Commission will be displayed at the event. Ziegenhorn proposed displaying a tri-fold display board about the Commission at the Global Village. The board would present the mission statement and the Youth Empowerment grants information. In order to reuse the board, a blank space would be included to present timely information while permanent information like the mission statement would be printed. Nelson proposed constructing a board devoted entirely to the Youth Empowerment grants for aiding in presentations. Ziegenhorn proposed making the board completely composed on timely information. Karr suggested adding the website URL to the display board. Keranen suggested presenting past and current members. Karr suggested considering what the purpose of the display board is, whether it be informing the public about who the members are or what the purpose of the commission is. Karr suggested presenting extra information in handout form. Keranen suggested attaching a pencil to the handout to encourage people for taking it. Youth Advisory Commission April 25, 2007 Page 2 Nelson inquired about the amount of money left to be allocated to supplies. Ziegenhorn stated that the cost of food has not yet been determined. Karr stated that she is printing 300 copies of the flag as requested. Keranen suggested having Ghanian food catered by local businesses. Providing drinks was discussed since the city has coolers which could be used. Report from Website Subcommittee: A letter from (Asst. City Attorney) Eric Goers of the Web Editorial subcommittee which was included in the meeting packet was noted. It expressed that the calendar of the Y AC website should not become a public forum. He stated that all events and postings must serve the aims of the City, and more specifically the Y AC. The commission agreed to adopt a temporary policy of having commission members search out events to be posted in order to assure proper accordance with the aims of the Y AC and the City. This decision is a departure from the previously thought system of accepting submissions of events from the general public. Report from the Grant ProQramminQ Subcommittee Keranen presented handouts of application and judging criteria documents for the mini-grant program. The following changes were discussed and made before approval: . On the application in section II under "Time period of proposed project", "FY2008" was changed to the date of the end of the fiscal year in June of 2008. . The space for explanation of the mission on page 1 and the place for explanation for reason of doing the project on page 2 were combined into a single section. . The wording in section II in the table for Outside assistance was made consistent. . The sections "Estimated Project Costs" and "Estimated Project Duration" were corrected to be sections III and IV respectively, rather than II. . Under "Required Criteria", it was added that the applicant must be between the ages of 15 and 21 at time of application and reside in Iowa City. . "Probability that other funding will be found" was removed from "Other Considerations" . . "Extent of youth empowerment by and/or through the project" was moved to "Required Criteria". . The name of the program was changed to "Youth Empowerment Grant". The commission then voted to approve the materials with the assumption that the Grant Programming Subcommittee would make the corrections discussed. The vote was motioned by Ziegenhorn and seconded by Segar, with the commission voting 4-0 in favor. NCJC 50K Race & Relav. April 21 On behalf of the NCJC Karr thanked Keranen and Nelson for volunteering at the event. The banner printed for the Y AC was noted. Human RiQhts Commission Youth Awards. April 24 Nelson and Segar volunteered as ushers at the event and were thanked by the Human Rights Commission during the ceremony. Youth Advisory Commission April 25, 2007 Page 3 Ziegenhorn was recognized at the event during the ceremony for her work outside of the Y AC. MeetinQ Schedule The next scheduled meeting was tentatively set at May 16. Karr stated she would send out an e-mail to Y AC members asking about availability to meet during that time. Karr asked for suggestions of a way for members to notify the group if they were going to be late. Cell phone contact was decided as the best method, and numbers could be provided to Karr. Karr asked about setting a standard amount of time from the scheduled start of the meeting that members would wait if quorum was not met before leaving. It was decided that the standard waiting time would be 20 minutes. Nelson asked about the policy for number of absences allowed. Karr stated that according to the bylaws unlimited excused absences are allowed, with the stipulation that 2/3 of the group may vote to recommend dismissal of a member to the City Council. Citizenship Awards No citizenship awards will be presented until the start of the new school year in the fall. MeetinQ Adiournment: Motioned by Ziegenhorn, seconded by Weeks. Confirmed 4-0. Meeting was adjourned at 8:34PM. Minutes prepared by Nelson. Clerk/mins/4- 25-2007 draftdoc ATTENDANCE RECORD YEAR 2007 {Meetmg Date} 4/25 x x OlE x x 12/31/07 NAME Audrey Keranen Sarah Ziegenhorn Lin Weeks 3/21 x 2/21 X 1/17 X TERM EXP. 12/31/07 OlE X X X X 12/31/08 OlE X X 12/31/08 David Segar OlE OlE X X X X 12/31/08 Maison Bleam Jacqueline Stubbers Michael Nelson X OlE OlE X X X 12/31/07 12131/07 X = Present o = Absent OlE = AbsentlExcused NM = No meeting = Not a Member KEY: