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HomeMy WebLinkAbout1988-02-23 Bd Comm minutesMINUTES COMMITTEE ON COMMUNITY NEEDS JANUARY 19, 1988 - 3:30 P.M. SENIOR CITIZENS CENTER - CLASSROOM MEMBERS PRESENT: Becker, McCoy, Cooper, Kuhn, Hulse, Kubby, Rawland, Patrick MEMBERS ABSENT: Leshtz, Ruff, Snyder STAFF PRESENT: Barnes, Nugent, Milkman, Rockwell, Reggentin GUESTS PRESENT: Harry Epstein RECOMMENDATIONS TO COUNCIL: 1. CCN recommends that the City supply and transport bricks and sand for the North Linn Street Paving Project sponsored by the North Linn Street Betterment Association. This recommendation is made with the condition that there be a written commitment on the part of the ten- ants and/or property owners along North Linn Street guaranteeing that the project will be completed. Upon receiving this commitment (con- tract) the materials will be delivered. 2. CCN recommends that the City Council approve the installation of lighting on existing poles in the 200 block of North Linn Street and add two additional poles as soon as possible. 3. CCN recommends approval of the amendments to the Housing Rehabilita- tion Program Manual. CALL TO ORDER: Chairperson Kubby called the meeting to order at 3:30 p.m. REVIEW AND APPROVAL OF THE MINUTES OF NOVEMBER 17, 1987: Becker moved to approve the minutes of November 17, 1987, with minor revisions regarding statements made at the meeting. Kuhn seconded. The motion carried unanimously. PUBLIC/MEMBER DISCUSSION: Kubby encouraged the members to read the City budget proposal and forward any comments to the City Council. She stated this is a very important part of the political process and citizen input is essential to ensure the needs of the community are being met. She added that there would be a budget workshop for the Council as well as interested public tonight at 5:30. ELECTION OF CCN CHAIR AND VICE -CHAIR FOR 1988: Kubby opened the floor for nominations for Chairperson. Kuhn nominated Kubby. Cooper seconded. There were no other nominations. Kubby was unanimously approved. COMMITTEE ON COMMUNITY NEEDS JANUARY 19, 1988 PAGE 2 Kubby then opened the floor for nominations of Vice -Chair. Cooper nomi- nated Leshtz. Becker seconded. There were no other nominations. Leshtz was unanimously approved. UPDATE ON 1988 CDBG FUNDING STATUS: Milkman stated that the President signed the budget resolution and that the City hopes to have only a four and a half percent reduction in CDBG funding this year. She stated that this would put the CDBG program just below their best scenario. She added that reductions up to eight percent were possible in some communities. Kubby asked what would be the reper- cussions if an eight percent reduction occurred. Milkman stated that a reduction of contingency would be her recommendation, without a cut in funding of any projects. She stated that she would know for sure the exact amount of the cut by the end of next month. She stated that the CDBG division requested a waiver for the City to disburse funds for the Rehab Program and the Elderly Services small repair program prior to HUD approval of the City's Program Statement. This was approved by HUD keeping the programs solvent in the interim. Milkman stated that Congress passed a Housing Bill for the first time in eight years. She stated there would be a few changes. First of all, projects must show benefit to 60% of the low- to moderate -income popula- tion rather than the 51% formerly required. She also stated that there was a section requiring a Citizen Participation Plan. She stated Iowa City already has one and the only complication would possibly be making sure that it complies with the new regulations. Finally, she stated that any displacement of families caused by federally funded programs would require the City to provide affordable housing for the following five years. Kubby asked if providing affordable housing meant assistance in finding or actually paying for the housing. Milkman stated the City must help them find housing and pay the difference between the rent and 30 percent of their income. She then stated that the City must come up with an anti - displacement plan that complies with the new regulations. Kubby asked if people moved out of the community due to displacement, would the City still be responsible. Milkman stated she would look into this question and bring an answer to the next meeting. HOUSING REHABILITATION PROGRAM - 1988: Kubby asked if Council had approved the Tenant Assistance Policy for the Rental Rehab Program. Milkman stated they had not, and added that she is writing a memo to Council describing CCN's and the Housing Commission's views on the subject. A discussion is scheduled for the Council informal meeting prior to the Public Hearing on January 26. She stated that the Housing Commission would have members present at the Council informal discussion and CCN members should also present their views. C;�612- Y COMMITTEE ON COMMUNITY NEEDS JANUARY 19, 1988 PAGE 3 Kubby asked if a single, non -elderly student were claimed as an exemption on someone else's tax form, could they be eligible for a Rental Rehab Voucher. Milkman stated that a person of these characteristics would not be eligible in the Rehab Program. Milkman stated that Melody Rockwell and Phyllis Kilpatrick were putting together a program for minority and women -owned businesses. The thrust of this program is to help these individuals keep their businesses viable. Milkman explained HUD's policy regarding a conflict of interest in rehab programs. She explained that an apparent conflict of interest could occur if a City employee or member of the City employee's family or a Board or Commission member applied for one of the housing rehabilitation programs. She stated that non -decision making individuals in the City could be eligible for the program if waivers were acquired. She stated that she has applied for waivers for CCN member Anne Rawland, an Historic Preserva- tion Commissioner and a planning staff person whose husband has applied for the Rental Rehab program. HUD and the City Council have approved these waivers. Milkman stated that a number of revisions had been made to the Housing Rehabilitation Program Manual. Barnes added that residential group facili- ties have been added to the rehabilitation programs. She stated that with this revision organizations like Youth Hanes or Coffelt Place would be eligible for rehabilitation. She stated that income requirements are a bit different; 75% of the residents must be below 80% median income. She added that this would be no problem with organizations like Youth Homes or Coffelt. She also stated there is a different type of loan. Essentially with this new type of loan, some money will be returned to the Rehabilita- tion Program. Kubby asked about the $22,000 limit, Barnes stated if an agency needed more it would have to be approved by Council. She then stated that the program is much like the Comprehensive Rehab Program, that the owner is responsible for anything above the limit of cost. Nugent stated that this approach would be much easier to implement and manage. Barnes stated the definition of emergency repair had been changed. She said that leaks in the ceiling have to be extremely bad or the ceiling nearly falling in to qualify. Barnes then stated that loan criteria had been changed for the Residential Accessibility Program. She stated that because some people needing this type of help may not have as low income as the former program allowed, new income restraints were incorporated and low interest loans instituted. She also stated the maximum amount available could be increased with approval of the Housing Comnission, because prior to this, the maximum amount could not cover all the costs of some accessibility projects. Milkman stated that waiting lists are building up for the rehab programs. She stated that since we have this list, there should be a formal policy for priorities for rehab. The recommended priority system should go as follows: 1) very low-income - elderly/handicapped, large families, a6.2— COW ITTEE ON COMMUNITY NEEDS JANUARY 19, 1988 PAGE 4 single -parent families, small families, date of application; 2) low/moder- ate income families - the priority order would be the same as for very low income. Kubby asked about single individuals and how they would be rated in this scheme. Milkman stated they would fall under date of application. McCoy suggested that the wording for this category should be changed to "others and date of application." Becker moved approval of amendments to the Housing Rehab Manual. Rawland seconded. The motion carried unanimously. Milkman stated that with an increase in rehab projects, staffing had to be increased. Phyllis Kilpatrick and Mary Nugent have taken up much of the responsibility. She stated there is a definite space problem. Pam Barnes is located in the Housing Department while the administration is done through the CDBG Planning Division at the Commerce Center. She stated they had been looking for space for Barnes and Kilpatrick. No space has been found to date. Kubby asked if there was a space found, would Barnes still have materials at the Housing Department. Barnes said that she needs access to the housing inspection files as well as the car pool. Milkman stated that money for space would have to cane out of the CDBG fund if space has to be rented. McCoy suggested that there is a building north of the New Pioneer Co -Op and there may be office space available there. Rawland asked if a temporary building could be utilized. Becker stated that Johnson County was looking to sell a temporary building and the City might look into that. UPDATE ON NORTH LINN LIGHTING AND PAVEMENT PROJECT: Kubby stated that CCN had actually never recommended anything to Council on this project. Epstein stated that the project is contingent on whether or not bricks and sand would be donated to the project by the City. He stated tenants and owners on North Linn Street are the individuals behind the project. He asked whether during the project they had to pay union scale wage. Milkman stated that this would not be required, since no federal funds would be involved. Epstein stated that grading and leveling could be taken care of easily at a minor cost, roughly $1,000. He then added that the tenants along the street are very interested in the project and have pledged some funds. Kubby asked exactly what he needed. Epstein stated they just needed the bricks and sand. He stated he had talked to City officials and they were behind the project. Kubby asked about the lighting aspects of the project. Epstein stated it would be a great help to reduce vandalism. He stated that a minimum of two new lights would be needed but four lights were preferred. COMMITTEE ON COMMUNITY NEEDS JANUARY 19, 1988 PAGE 5 Milkman asked if the cost included laying the bricks. Epstein stated they did not, but he is working on getting good bids for the bricklaying. Kubby asked if the electric company could put up poles. Various members stated they believed this could be done with minor cost. Patrick moved to recom- mend to Council that City supply and transport bricks and sand to the neighborhood. McCoy amended the motion to include a written commitment on the part of the tenants and/or the property owners along the 200 block of North Linn St. guaranteeing that the project will be completed. Upon receiving this commitment or contract, the materials should be delivered. Kuhn amended the motion further to include installation of lighting on two existing poles and the addition of two other poles and lights as soon as possible. Patrick agreed to the amendments. Kuhn seconded the motion. The motion carried unanimously. CDBG MONITORING PROJECTS: Kubby asked if there were any volunteers to monitor various programs. Rawland volunteered to monitor Housing Rehabilitation Programs; Patrick volunteered to monitor Elderly Services Agency Small Repair Program; McCoy volunteered to monitor Youth Services Facility Exterior Renovation; Kuhn volunteered to monitor Low -Income Homeownership Assistance; Kubby volun- teered to monitor Disposition of Parcels in the Redevelopment Area; McCoy volunteered to monitor the Curb Ramp Installation Project; Cooper volun- teered to monitor the Benton Street Storm Drainage Project; and Becker volunteered to monitor the Human Services Agency funding. SUGGESTIONS FOR OTHER MONITORING PROGRAMS: McCoy suggested that if Federal funds dry up, CCN should give people the knowledge of what the federal funds do, to make the public aware of pro- jects and groups responsible for the projects. He also stated that the Rocky Mountain Institute sent him a packet of information on innovative energy uses and economic development that could be applied to the commu- nity. Kuhn state that she would be glad to keep in touch with the con- gressional leaders on current legislation dealing with community issues. ADJOURNMENT: Patrick motioned to adjourn the meeting. Kuhn seconded. The meeting adjourned at 5:00 p.m. Minutes respectfully submitted by Mark Reggentin. /O oZ SUBJECT TO BTC APPROVAL MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, JANUARY 19, 1988 - 8:00 AM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Summerwill, Justis, Hall, Patton, Twaler MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Helling, Schreiber OTHERS PRESENT: LeValley, Blough, Dewey McGuire, Susan McGuire, Marjorie Strait, Doyle Detroit, Chuck Scott, Mark McKusher RECOMMENDATIONS TO COUNCIL: None. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Summerwill announced her resignation from the BTC due to move outside the City limits. Justis presented a letter to Kirkwood from the I.C. School District indicating problems with getting the School Board meeting agenda on Channel 27 before School Board meetings. Shaffer said he would check with legal to see what role, if any, the BTC can play in correcting this problem. The Cable TV Review (Triannual Review) will be conducted by the BTC on March I at 7:00 p.m. in the Council Chambers. The Archive Subcommittee is close to completing their objective of reviewing 1980-1987 local community video programs for storage, archiving and posterity. Shaffer has begun a survey to study how TCI and Heritage are treating community access in their new franchises. LeValley presented the CPC Quarterly report, showing community programming and production are up for the last quarter. LeValley read a letter to the BTC, the text of which is attached. Blough reported VHI, a contemporary municipal channel, will be replacing BET. Heritage is also planning on adding KOCR, the VHF station in Cedar Rapids, to the Iowa City lineup. Blough said he would provide Heritage's revenue, budget and CPC budget to the BTC. Twaler said he would like to see a draft outline of their area and responsibilities (as discussed) from all Commissioners by the February BTC meeting. LeValley said he would provide Shaffer with the cable company survey. McGuire announced an Access Iowa City meeting on February 3, 7:00 p.m., ICPL Room A -- all are invited. Strait invited all to attend her program, Local Issues Roundtable on Public Access, on February 1 in ICPL, Room A. Strait and Detroit stressed the importance of taping the Triannual Review meeting. A meeting took place after the regular BTC meeting to discuss objections to language in the December BTC minutes. It was agreed there was a misunderstanding by LeValley of a statement therein in which Shaffer stated "The original intent of access to be well integrated into the community, well known and used in the community, respected in the community have largely not been met." It was agreed by all concerned that there was a misunderstanding and that what was said did not reflect the performance of the CPC's staff. In fact, Shaffer and Twaler agreed the CPC staff are held in high regard. 0263 OF PRECEDING DOCUMENT SUBJECT TO BTC APPROVAL MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, JANUARY 19, 1988 - 8:00 AM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Summerwill, Justis, Hall, Patton, Twaler MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Helling, Schreiber OTHERS PRESENT: LeValley, Blough, Dewey McGuire, Susan McGuire, Marjorie Strait, Doyle Detroit, Chuck Scott, Mark McKusher RECOMMENDATIONS TO COUNCIL: None. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Summerwill announced her resignation from the BTC due to move outside the City limits. Justis presented a letter to Kirkwood from the I.C. School District indicating problems with getting the School Board meeting agenda on Channel 27 before School Board meetings. Shaffer said he would check with legal to see what role, if any, the BTC can play in correcting this problem. The Cable TV Review (Triannual Review) will be conducted by the BTC on March 1 at 7:00 p.m. in the Council Chambers. The Archive Subcommittee is close to completing their objective of reviewing 1980-1987 local community video programs for storage, archiving and posterity. Shaffer has begun a survey to study how TCI and Heritage are treating community access in their new franchises. LeValley presented the CPC Quarterly report, showing community programming and production are up for the last quarter. LeValley read a letter to the BTC, the text of which is attached. Blough reported VHI, a contemporary municipal channel, will be replacing BET. Heritage is also planning on adding KOCR, the VHF station in Cedar Rapids, to the Iowa City lineup. Blough said he would provide Heritage's revenue, budget and CPC budget to the BTC. Twaler said he would like to see a draft outline of their area and responsibilities (as discussed) from all Commissioners by the February BTC meeting. LeValley said he would provide Shaffer with the cable company survey. McGuire announced an Access Iowa City meeting on February 3, 7:00 p.m., ICPL Room A -- all are invited. Strait invited all to attend her program, Local Issues Roundtable on Public Access, on February 1 in ICPL, Room A. Strait and Detroit stressed the importance of taping the Triannual Review meeting. A meeting took place after the regular BTC meeting to discuss objections to language in the December BTC minutes. It was agreed there was a misunderstanding by LeValley of a statement therein in which Shaffer stated "The original intent of access to be well integrated into the community, well known and used in the community, respected in the community have largely not been met." It was agreed by all concerned that there was a misunderstanding and that what was said did not reflect the performance of the CPC's staff. In fact, Shaffer and Twaler agreed the CPC staff are held in high regard. 026.3 Broadband Telecommunications Commission January 19, 1988 Page 2 MEETING CALLED TO ORDER The meeting was called to order at 8:00 AM. APPROVE BTC MINUTES Moved by Patton, seconded by Hall, to approve the December 22, 1987, BTC meeting minutes. Unanimously approved with typo corrections: Summary (change "as" to "a"); Summary (change "term" to "team"); 3rd page (change "visibility" to "viability"). ANNOUNCEMENTS FROM COMMISSIONERS Summerwi11 reported to the Commission that, because of a change in residence, she will be resigning. She stated that she is willing to stay with the Commission if the City Council so desires. Justis distributed copies of a letter sent to Mike Connett of Kirkwood Community College from Jean Dunham, media coordinator of the Iowa City School District. The letter described problems concerning the Iowa City Community School District and its access to Channel 27. The difficulty involved getting the agenda of the School Board meeting aired before the actual meeting. Mrs. Dunham suggested returning the character generator to the Iowa City Community Schools. Justis reminded the Commission that Channel 27, in its original designation, was designated to the Iowa City Community School District for use as an educational channel. Shaffer stated that there is a section in the Code which states that the rules for the educational channel would be developed by the grantee and the Commis- sion, but was unsure how the Code would relate to this particular circumstance. Shaffer said he would check with Legal staff on this matter. The Commission discussed cablecasting the Triannual Review live. LeValley reported the regular equipment used for taping such events is booked the night of the review and suggested finding alternative equipment. Marjorie Hayden Strait, a community producer, urged live coverage of the review. Shaffer stated that the videotapes of the previous Triannual Reviews are available if any Commission member would like to view them. The Commis- sion decided the appropriate date for the Triannual Review is to be Tuesday, March 1, at 7:00 PM in the Council Chambers. LeValley formally extended an offer to any Commission member to appear at Heritage Studios and participate in a 30 second public service announce- ment publicizing the Triannual Review. Twaler proposed that the Commission, for regular Commission meetings, be seated at a large table, in the Council Chamber area. ARCHIVE SUBCOMMITTEE: Justis reported that there is a final Archive Subcommittee meeting later in the afternoon. After this meeting, local community programs from 1980- a63 a Broadband Telecommunications Commission January 19, 1988 Page 3 1987 will be housed for posterity in the Iowa State Historical Society. Also, some of these programs may be housed by the Library for checkout. BTS REPORT Shaffer reported he has begun working on the survey of TCI and Heritage systems. The survey was undertaken to determine what TCI and Heritage are offering in the way of access services and provisions in new franchises since cable companies are no longer required to provide such support. The outcome of this survey may determine, in part, the importance of and need for an NPO, because if the new franchises TCI and Heritage are not offering access services or provisions, then it is incumbent upon the community (such as an NPO) to ensure access is available in the future. yet presently has no conclusive results. There were no complaints in the past month. CPC QUARTERLY REPORT LeValley read a letter to the BTC (see attached text) and presented achievements of the CPC over the last quarter (see quarterly Report at City Clerk's office). Overall production and program completion is up. Also presented was a list of community groups the CPC has worked with over the last quarter. HERITAGE REPORT Blough reported that there had been some recent changes at Heritage. Black Entertainment Television will be running with American Movie Classics, while VH1, the contemporary music channel, will be replacing BET. Heritage has picked up the Discovery Channel on a part-time basis to ensure that there will always be programming on Heritage's channel 5. Heritage soon hopes to acquire KOCR out of Cedar Rapids. This is VHF Channel 28, which will air on Channel in Iowa City. Channel 5 will become a flexible channel used for a variety of purposes such as local interest shows which do not qualify for Channel 26 programming. TECHNICAL AND SERVICE SUBCOMMITTEE The Technical and Service Subcommittee report was deferred until the following meeting. TRIANNUAL REVIEW Shaffer inquired of Blough if he know what Heritage's intent was after their five year management contract with TCI runs out (1991). Blough said he did not know what Heritage's plans were at that point. Blough stated he will provide budget information to the Commission concerning the overall Heritage revenue budget and the CPC budget for 1986. Two types of annual reports required are: proof of performance report, which is required once a year; and service records, which are open to the public and for Commission inspection. Twaler said he would like to see at least a draft from each Commissioner at the next BTC meeting in February. a63 Broadband Telecommunications Commission January 19, 1988 Page 4 NPO DISCUSSION AND PUBLIC DISCUSSION: LeValley informed Shaffer that he presently has all of the original cable TV survey material and will tabulate them into final results. Shaffer and he would provide Shaffer with the original and tabulated surveys. Public Discussion: (Susan McGuire announced the next meeting of Access Iowa City on Wednesday, February 3, in Room A at the Iowa City Public Library. (Marjorie Hayden Strait invited everyone to attend Local Issues Round- table, on Monday evening, February 1, in Room A at the Iowa City Public Library. This program entitled "Public Access, a Tool for You and Me" will be aired on Channel 26. Also, Strait will be speaking with LeValley and Blough concerning local community producers and their interest in taking the responsibility in conducting quarterly meetings on their own. Doyle Detroit expressed the importance of advertising the Triannual Review. Detroit also volunteered taping the meeting if such help was needed. ADJOURNMENT Moved by Patton, seconded by Hall, to adjourn. Unanimously approved. Adjournment at 9:38 AM. Respectfully submitted, Dr offer 02,6,3 To: Broadband Telecommunications Commission From: Paul LeValley, Heritage Cablevision Re: Community Programming Performance Date:. Jan. 19, 1988 Enclosed please find the community programming report for the fourth quarter of 1987. In terms of new program hours and channel replay totals, it details one of our best quarters ever. In addition to last quarter's programming and workshop production n onhiI ghlights.Iabelieve ve uthat ded a1987mwas afbannersyear9formaccessdin Iowa City, and I'd like to extend my thanks to all who contributed to our success. Because of our commitment to further improvement and in light of what we perceive to be a job well-done, my staff and I were discouraged by the assessment at last month's meeting by Drew Schaffer that the "original intent of access to be well integrated into the community, well-known and used in the community, respected in the community have largely not been met." We strongly disagree with this statement, and would ask that Mr. Shaffer please provide us with any pertinent evidence or information so that if there is a problem we may correct it immediately. e to Please note IowalCity, bothibybindividualsaandothenlocalrservicenorganizationsis well wandNagenciein s. productions inel have thelastsyear.t of agWecconsideries hsolicitingausersnandrviewers to Channel 26 to be an important part of our job. In accordance with that effort, we do everything in our power to improve the quality and image of community programming. Please see the lists of organizations that -received free consulting services and video production, and the list of public service announcements produced by the CPC staff free of charge. The quarterly reports for 1987 are further proof of the success of our efforts. In 1987, Center users and CPC staff members produced 187 hours of programming. We had many successful special events and we promoted the Center heavily on the satellite networks and with our newsletter. We started a new trend by calling quarterly meetings and continue to support the new meetings by mailing announcements and providing equipment and staff. Mr. Blough decided to extend the community programming grant funding, although the company's original S10,000 fund had been exhausted. We have added a substantial amount of equipment to the Center and are far beyond our stated franchise commitment in every single area that can be measured. Please see the list of equipment and services which have been added. We feel that these things represent, if not an achievement of, then a monumental movement toward the original intent of access in Iowa City. because eare el we have noespecially keptoi ursuccesses aiscouraed ysecret. Weer assessment of we have activities to Mr. Shaffer and this commission for over two years. In that time, see 00 percent885hminutes rOffnew wprogramming access winp3rd er mquarterc1985onth inreasevs. 2,979by over3minutes in 4th quarter 1987. We are naturally proud of our achievements, and had always assumed that they were being recognized by the cable specialist and this commission. Not once in the regular meetings I've had with Mr. Shaffer over the last two years has he suggested to me that he had any problem with our overall performance. I've believed, up until now, that he approved of our efforts. If we are deficient in any way, or if there are complaints being lodged against us, we need to know about them immediately in order to correct them. Our record clearly reflects a willingness on our part to do those things which need to be done to make access a success. As discussions regarding the NPO come around again, we want our position to be clear. We realize that the transfer of the Center's administration to an NPO is a matter out of our control, and we are willing to support the idea. However, we object to any attempt to use our performance, or the lack thereof, as a reason that an NPO is "needed." We sincerely believe that the Center is currently operating at or near its full potential. We invite anyone who believes that an NPO could significantly increase the amount of equipment or services without corresponding increases in budget to take a closer look at our operation. Suggestions as to how we can do a better job are, and always have been, welcome. a 63 .w MINUTES IOWA CITY AIRPORT COIMIISSION THURSDAY, JANUARY 14, 1988 MEMBERS PRESENT: Lewis, Ashby, Foster, Ockenfels, Blum STAFF PRESENT: Zehr, Sueppel, Wright GUESTS PRESENT: E. Moses, 0. Knowling, E. Jones, C. Barker Lewis called the meeting to order at 7:35 p.m. Attendance and guests were noted. The minutes of the December 17, 1987, meeting were considered. Ashby asked for a correction of the minutes on the second page, sixth paragraph, to read "arbitrators" instead of "arbitration committee." The minutes were adopted as corrected. Zehr presented the bills for the month and explained them briefly. They included $2,381.25 to Frantz Construction for snow removal, and $1,400 to Noel's Tree Service for tree removal. The bills were approved for payment as presented. DEVELOPMENT OF AIRPORT LAND FOR COMMERCIAL/INDUSTRIAL USES: Zehr reported realtor Jim Sueppel is still working with the developers on the development projects, but no proposals are ready for consideration at this time. IOWA CITY FLYING SERVICE - RENT ARBITRATION: Ashby reported the Commission has applied for clarification of certain matters contained in the arbitration decision, concerning flowage fees and the rent being paid by ICFS for use of the corporate hangars. It was decided to wait for clarification of these matters before discussing the lease further. A special meeting will be called when the information is received, and the Iowa City Flying Service will be notified of that meet- ing. COMPLIANCE PROJECT - GRANT APPLICATION: In response to a request from the FAA, Zehr reported he has revised the pre -application for grant funds, lumping several project proposals into one pre -application which totals some $2.3 million. The FAA will thus be able to pick and choose between the projects, depending upon the kinds of funds which are available. Zehr has been notified by the FAA that they are unlikely to fund work on more than two runways because only two runways are needed to meet their design and planning standards. They recommend that the City and the Airport Commission review the operational requirements of the airport to determine which runways should be retained in the long-range plan. Zehr suggested a public hearing be held to gain as many viewpoints as possible. In an effort to notify and gain input from as many pilots as possible, the public hearing will be announced at the pilots safety meeting which is to be held sometime in February. The next business meeting was tentatively set for February 18. a6 s/ a MINUTES IOWA CITY AIRPORT COMMISSION JANUARY 14, 1988 PAGE 2 COMPLIANCE PROJECT - OBSTRUCTION REMOVAL: Noel's Tree Service is in the process of removing the last of those trees which have been identified as obstructions in clear zones. Zehr will issue the check when the work is completed. REVIEW OF CODE OF ORDINANCES: Ashby said the Committee as yet has nothing to report regarding the review of the Code of Ordinances. CHAIRMAN'S REPORT: There was no Chairman's report. PUBLIC AND COMMISSION MEMBERS' INFORMATION AND INPUT: Zehr reported the Airport's snowblower is currently running with rear axle drive only until further repairs can be made. EXECUTIVE SESSION: There was no executive session. The meeting was adjourned at 8:00 p.m. Minutes recorded by Priscilla Wright. a6X MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING JANUARY 28, 1988, - 4:00 P.M. ADMINISTRATIVE CONFERENCE ROOM MEMBERS PRESENT: Cox, Drum, Gelman, Pacha, Reed, Summy, Willis MEMBERS ABSENT: Buchanan, Swaim STAFF PRESENT: Eggers, Craig, Jehle, Forsythe, Mitchell, Carter, Spaziani OTHERS PRESENT: Nicky Stanke, Administrator East Central Regional Li- brary; University of Iowa students - Public Administra- tion class CALL TO ORDER: President Drum called the meeting to order at 4:06 p.m. MINUTES AND DISBURSEMENTS: The minutes of the regular meeting of December, 1987 were approved. Willis/Pacha. The library disbursements for December, 1987 were approved. Willis/Cox. FINANCIAL REPORTS: Eggers reviewed the FY88 six month financial reports with the Board. Included were the General Fund receipts and expenditures and the Enter- prise Fund receipts and expenditures. Also reviewed were the second quarter receipts for the Gifts and Bequests Fund. Eggers requested that the Board approve expenditures from the Gifts and Bequests Fund for the following: Planning Committee supper on February 11th, and the staff recognition breakfast on February 25th. Summy/Willis. Eggers discussed the probability of a $20,000 shortfall in fine income by the end of FY88. Fine income suddenly began to decline in May, 1987, and has continued to be below projections each month since then. No obvious reason has been found for this changing pattern. Cuts in FY88 dxpendi- tures to cover this shortfall have been made. LIBRARY SERVICE REPORT: Kathy Mitchell, Community Services Assistant, gave a slide presentation on library service to the Johnson County jail. In this weekly service, Mitchell delivers periodicals to each cell block and takes book requests from the prisoners. Mitchell returns to the library, fills prisoner requests and returns to the jail with the requested materials. Funds for the purchase of magazines and daily newspapers are provided annually by the Johnson County Board of Supervisors. This service to the jail was begun in 1975. a4S Library Board of Trustees January 28, 1988 Page 2 DIRECTOR'S REPORT: 1. The memo regarding the Library Board's position on assuming management of the cable access center approved at the December meeting has not been sent pending endorsement by the Cable Commission. 2. Board members wishing to be repaid for membership in the American Library Association should submit a request to the library office. 3. The three LSCA grant applications were submitted to the State Library January 15 and summary sheets are in the packet. we will be notified in March if the grants were approved. 4. Under the new reciprocal agreement with Cedar Rapids, the Cedar Rapids Library has issued 47 cards to Iowa Citians and Iowa City has issued 24 cards to Cedar Rapids residents during November and December. This light -to -moderate use is what we expected. Board members should be aware that this agreement has put the Iowa City Public Library in the position of giving reciprocal service to all public libraries in Linn County, but only the.Coralville Public Library in Johnson County (i.e. not to Solon, oxford, or North Liberty). 5. Some University Heights residents have been asked to sign a petition suppowould prefer library preffer�heIservice owaCity orrthat the CoralviUlnle community and if they PRESIDENT'S REPORT: 1. Drum thanked Board members for their attendance at the breakfast with new Council members Horowitz and Larson on January 20th and also for attending the Council budget session on January 25th. 2. The East Central Regional Library will be holding a workshop on Satur- day, March 12, which will be of special interest to trustees. Fea- tured speakers will be Nancy Bolt, State Librarian of Colorado, and Kay Runge, Director of the Davenport Public Library. Board members are encouraged to participate. 3. Following the informal Council budget session, Eggers was requested to furnish costs related to the 2.5 additional staff persons requested by the library. Copies of Eggers' projections were distributed and the Boarsession niwilslSCber on Tuesday, February ed issues. The next 2,informal DrumCouncil ou agbudget work Board members to attend. FRIENDS: Eggers reported that 16 people have now registered and paid their deposit for the FRIENDS literary tour which is scheduled for May 23 -June 5, 1988. DeadturelseriesronhSundaysit is afternoonsuary 8. beginninghFebruaryS7winlsponsor a prel ec- preparation for aGs Y Library Board of Trustees January 28, 1988 Page 3 the upcoming tour. The series will be held in Meeting Room A at 3:00 p.m. in February, April and early May. tour participants. The series is open to all, not just The FRIENDS will co -host the annual Volunteer Recognition Dinner on March 15 at 6:15 p.m, in Meeting Room A. The event recognizes the value and attended tbyn library volunteers,td staff andFoundation, FRIENDS The event is Board members. It was decided that the City Council, Board of Supervisors and City Manager should also be invited. FOUNDATION: Forsythe reported that the next Foundation Board meeting will be February 3 at 4:00 p.m. in the Library Conference Room. Plans are progressing smoothly for the April 22nd gala which will be held in the library on that evening. Forsythe reported that $434,237.22 has been pledged and $246,100 received toward the Centennial Endowment. With other gifts, the total endowment is over $600,000, including outstanding pledges. The percent of pledges in arrears is very low, PLANNING G C_ OMMMITTEE: Eggers reported that the Planning Committee will have its next meeting on February 11 from 4:30-9:00 p.m. The Committee has reviewed the roles of the library and the Mission Statement and is now working on goals and objectives for each priority area. TheCommittee plans to present a preliminary report by early summer. NEWB_ U_ SINESS: The Board reviewed the proposal for a development office. This document has been approved by the ad hoc committee of BoardFRIENDS and Foundation members. It will now be considered by the Planning Committee's subcom- mittee on Administrative Goals and has been sent to all FRIENDS Board and Foundation Board members. Issues identified by the Board included using "soft" money for permanent staff positions and convincing the Council that this is a valid step to take. If approved, this will be a topic for FY90 budget planning. The Board reviewed the second quarter report on FY88 goals and objectives. major changes are the The Director reported that there are no surprises in the report. Most movies, Introduction of result compact cdiscs, etc. Work completled nthiisquarter is right on schedule with the goals and objectives. ADJOURNMENT: The meeting was adjourned at 5:50 p.m, a6S MINUTES SENIOR CENTER COMMISSION DECEMBER 21, 1987 MEMBERS PRESENT: Jack Bock, Gerri Busse, Bill Coen, Lorraine Dorfman, Dorothy Fiala, Bud Gode, Fred Goss, Geri Hall, Jean Hood, Mike Kattchee, Ruth Wagner STAFF PRESENT: Lori Benz, Bette Meisel, Joyce Phelps GUESTS PRESENT: Iva Hilleman, Council of Elders; Mike Lawson, MECCA CALL TO ORDER/INTRODUCTIONS/MINUTES: Kattchee called the meeting to order and welcomed the new Commissioners. He asked each of them to tell about herself. Fiala said she lived in Solon and has been a Johnson County farmer. Fiala added she volunteered at the VA Medical Center. Busse said she was retired from the University where she was on the Public Health Nursing faculty. Meisel announced she wanted to present certificates to the outgoing Commissioners, Mike Kattchee and Bill Coen, for their long and faithful support of the Senior Center. Meisel said Kattchee would be missed because of his knowledge of the Center. Meisel added that he was a part of the history of the Center as he had been with them before, during, and after the completion and that Kattchee's knowledge of the political arena would be missed. Meisel said Coen represented the ideal Commissioner and with his involve- ment in so many areas of the Center, he served as a role model for new seniors who came to the Center. Kattchee and Coen both said that their time on the Commission for the most part had been rewarding. The Commission and guests had cake &coffee, and the meeting continued. Goss moved that the minutes be approved as read. Coen seconded. Motion carried, all ayes. COUNCIL OF ELDERS REPORT: Hilleman said the Council was planning a talent show for Older Americans' Day. She said the Council was on the lookout for talented seniors. Hilleman reported that the Christmas dance was a success and approximately 60 persons attended. A valentine dance to be held February 12 from 7-9 p.m. was being planned. The music for this dance would be records and a disk jockey. There was general discussion on different options for providing music for the dances. Hilleman reported that a representation from the Council was going to the Board of Supervisors' January meeting to ask for the postage for returning the rural questionnaire. The amount required is $246.40. Senior Center Commission December 21, 1987 Page 2 Hilleman said Arthur Allen was taking some new slides to be added to the Senior Center slide show. FIVE-YEAR GOAL COMMITTEE UPDATE: Wagner said progress had been made and the Committee was ready to combine and prioritize the suggestions received, and to categorize them into long and short-term goals. Wagner read a partial list of goals the Committee had received so far, such as improved parking, full-time Volunteer Specialist, joint meetings of all advisory boards to agencies who provide senior services, educate funding bodies on the Senior Center philosophy and programs, leadership training workshop for volunteers, improve communication, etc. There was a discussion on whether or not all of the ideas being considered were feasible or within the ordinance guidelines. Kattchee said the idea was that when these were prioritized and finalized, that they should be evaluated annually and anything that was not feasible or possible that year could be reviewed again. SENIOR CENTER UPDAT Meisel explained the revised Program Division Statement which now contains projections for FY88 and FY89 at the City's suggestion. Meisel reported on the progress on obtaining a computer. This prompted a discussion on possible uses for it, who would receive training, and other necessities such as an adjustable table. Hall thought training classes on the computer would be a drawing card to prospective retirees. Meisel explained that a senior citizen had received a parking ticket for crowding into the handicapped parking area. The consensus was that another handicapped parking space was necessary, even though some felt that some people do take unfair advantage of these spaces. Hall pointed out that this was a medical decision and not one within our control. Hall moved to add a third handicapped parking space in the Senior Center lot, to publicize the reason for doing so in the Senior Center Post, and re- evaluate its use in six months. Hood seconded. The motion carried. Meisel reported that Otis Walker had donated a Stan Herring picture of the old Iowa City high school to the Center. BUDGET UPDATE: Kattchee reported he had gone to see the City Manager on the full-time volunteer specialist request. He said their conversation was very positive and that a workable, temporary compromise was worked out. He said that the Center was to have a work study student. Meisel said this was possible at $5.00 an hour, part of which the City was willing to pay, and would allow the Council of Elders to expand their activities, allowing them to plan for the evening and weekend hours. 0266 Senior Center Commission December 21, 1987 Page 3 SNOW POLICY: Meisel said that she and Mike Foster of Congregate Meals agreed that the Senior Center Commission and the Nutrition Advisory Board had concurred on a snow policy that provided for the police to pick up one of them in the event that bad weather made it impossible for either of them to get to the Center unassisted. This would be in keeping with the City policy of "never closing," and would provide a place for Seniors to shelter in case they were stranded. Meisel explained that during the last snow storm when she called the police for a ride to work, she was told they were only picking up medical emergencies. Meisel said neither she nor Foster could find a copy of the written snow policy. She said she felt it should be re-evaluated. Hall said she had a copy of the policy and would provide it. Hall moved that the snow policy be located and that Meisel and Hall would work on and develop a new snow policy. Goss seconded. Motion carried, all ayes. OPEN DISCUSSION: There was discussion about having a pre -retirement seminar containing a financial and a social component in order to acquaint the participants with the Senior Center. Busse expressed interest in this and said it would be helpful to collaborate with the personnel departments at the University and at local industries. Busse said the seminar she attended a few years ago had over 300 people there and that most of the interest centered around pension systems and other financial areas. She felt finding the time to include a lot of information about Senior Center programs and activities would be difficult. She felt it would be better to have separate seminars. The consensus was that this was an area with a great deal of promise in regardto reaching younger, pre -retirement working people in the community and this should be studied and pursued. The schedule for attending Council of Elders, City Council and Supervisor meetings was set: January - Dorfman; February - Hood; March - Wagner; April - Goss; May - Bock; June - Fiala; and July - Hall. Goss moved and Bock seconded that Hall serve as Acting Chairperson until a new Chair is elected in January. Motion carried, all ayes. The meeting adjourned at 5:05 p.m. Prepared by Joyce Phelps, Senior Center Secretary. Approved by Ruth Wagner, Senior Center Commission Secretary. I MINUTES PLANNING 8 ZONING COMhIISSION DRAFT FORMAL MEETING FEBRUARY 4, 1988 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, Cooper, Dierks, Hebert, Scott, Wallace MEMBERS ABSENT: None STAFF PRESENT: Beagle, Boyle, Franklin, Kritz RECOMMENDATIONS TO CITY COUNCIL: 1. Recommended approval of a City -initiated application on behalf of Johnson County Ambulance Service to rezone property located at 808 South Dubuque Street from CI -1 to P. 2. Recommended approval of an application submitted by Mr. John Sohm for revised preliminary and final plat approval of a two -lot subdivision known as Bent Brook Acres, located approximately two miles north of Iowa City on the east side of County Road F8W. CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion. ELECTION OF OFFICERS: Scott opened the floor for nominations of Chairperson. Dierks nominated Tom Scott for Planning and Zoning Commission Chairperson. Cooper seconded the motion. With no further nominations, the motion carried 5-0-1 (Scott abstaining). Scott called for nominations of Vice -Chairperson. PLANNING & ZONING COMMISSION FEBRUARY 4, 1988 PAGE 2 Cooper nominated Sally Dierks for Planning and Zoning Commission Vice - Chairperson. Wallace seconded the motion. With no further nominations, the motion carried 5-0-1 (Dierks abstaining). Next, Scott called for the nominations of Secretary. Wallace nominated Pete Cooper for Planning and Zoning Commission Secretary. Hebert seconded the motion. With no further nominations, the motion carried 5-0-1 (Cooper abstaining). CONSIDERATION OF THE MINUTES OF JANUARY 20, 1988: Wallace moved to approve the minutes of January 20, 1988. Hebert seconded the motion. The motion carried 5-0-1, with Scott abstaining due to absence. ZONING ITEMS: Z-8708. Public discussion of an application submitted by Plum Grove Acres, Inc., to rezone a 42.5 acre tract east of First Avenue extended via Hickory Trail from IB -RS to RS -5. (45 -day limitation period extended: February 10, 19801.) Beagle indicated that this item was deferred from the December 17, 1987, regular meeting agenda so that staff could investigate the possibilities of providing secondary access to the proposed subdivision. Staff has discussed these alternatives with the developer, and intends to hear his reactions tonight at this meeting. Jahn Cruise, representative of Plum Groves Acres, stated that the devel- oper initially proposes to develop 23 lots as there is a great demand for lots in this area and the city as a whole and some of this demand can be attributed to the reluctance of the City to approve rezonings and subdi- vision plats. Mr. Cruise also feels that the staff report is biased and believes that this subdivision is in substantial compliance with the Comprehensive Plan. He does not understand what the problem of secondary c21-7 V 4 PLANNING 8 ZONING COMMISSION FEBRUARY 4, 1988 PAGE 3 access is and would like to know what the standards are that must be adhered to. Mr. Cruise stated that he and the developer are willing to work with the City on this issue, but feel at the moment that the rezon- ing should be approved. Mr. Cruise continued and said that he and the developer believe that there are other subdivisions in the city that have as many or more lots with only a single access. Mr. Cruise stated that he lives in the immediate area of this subdivision and believes that he as well as the neighbors do not feel threatened by having only one ac- cess. Kent Campbell stated that he is currently looking for a lot to build on and has noted the limited availability lots on which to build in the area and supports what John Cruise said. Mike Krueger, a local contractor, stated that he also supports what has been said and has also noted demand for lots particularly on the east side of Iowa City. Dave Clark arrived at 7:46 p.m. Chairperson Scott asked Mr. Glasgow whether he intended to waive the 45 -day limitation period. Mr. Glasgow replied that the matter is open to discussion. Franklin reported that the staff had worked out a possible secondary access; Franklin said she then informed Mr. Glasgow that the City would help him in negotiations with the Rupperts (property owners to the south) in conveying the land that was needed for construction of secondary access to Rochester Avenue. If discussions with the Rupperts were not fruitful, the City could, with the City Council's approval, proceed with condemnation of the right-of-way, with Mr. Glasgow paying for the upfront costs of acquisition and construction of the secondary access. Franklin reported that Mr. Glasgow indicated that he wanted to talk with the Rupperts first, but would not commit to any upfront costs at this time for a possible condemnation proceeding. o26 PLANNING d ZOHIIIG COMMISSION FEBRUARY 4, 1988 PAGE 4 Mr. Cruise asked whether the City would require his client to pave the secondary access. Franklin replied that it may be possible to work out a temporary solution that would not require pavement to City standards until the area was more fully developed. Bruce Glasgow, developer of Plum Grove Acres, stated that the problem with the Ruppert land as far as being used as secondary access, is the severe drop in elevation. Specifically, along the 900 foot alignment of the proposed road north of Rochester there is a 79 foot drop in eleva- tion. This would cause considerable problems for developing lots. He also noted that to have enough fill to build the road, he would have to ruin much of the scenic land at the top of the hill. His estimates for the cost of this work would be approximately $358,000, which spread over 32 lots represents a significant amount. Mr. Glasgow feels that full development of the subdivision will take some time and by the time that it's nearly completed, there may be a route available for secondary access. Franklin noted that houses on Hickory Trail currently will bear all of the traffic until a secondary access is provided; which, Mr. Cruise said that he and his neighbors wish to avoid. Clark asked whether something could be worked out with ACT. Scott replied that ACT was contacted and expressed reservations toward a secondary access on their property at this time. Scott asked how many lots would be built on the 42.5 acres to be rezoned. Glasgow replied that an additional 81 lots could be con- structed which would be in addition to the 81 original lots in Parts 1 and 2, making a total of 162 lots. Glasgow also pointed out that" gina High School is planning a new access to their sports complex. Using this access road, would provide a secondary access for 36 lots. Dierks asked what the standard was for providing secondary access in the city. Franklin replied that the standard was to require secondary access when w 27-29 lots were being access from only one street. Other factors such as topography and the density of development are also considered when re- quiring secondary access. In response to Mr. Glasgow's and Mr. Cruise's PLANNING 3 ZONRIG COMMISSION FEBRUARY 4, 1988 PAGE 5 statement that there were other subdivisions with as many or more lots with only single access, Franklin said they are referring to the Pepperwood Subdivision which currently has 82 lots with only one point of access. One difference between these two subdivisions is that while Pepperwood Subdivision has relatively flat topography, Plum Grove Acres has a considerably more hilly topography which makes secondary access even more of an issue. In addition, the developer also owns the land sur- rounding Pepperwood which makes secondary access to Sand Road feasible with any further development of the subdivision. Larry Schnittjer, PAIS Consultants, stated that in discussions with the City Manager, other cities have less stringent standards concerning when secondary access is required. In comparison, 27-29 lots would be consid- ered low or too restrictive. Schnittjer also noted that to obtain infra- structure such as secondary access, streets, and sewers, development must first occur in successful steps. These services do not magically appear absence of development. Scott asked Glasgow what the projected timeframe was for development of the 23 lots. Glasgow replied that the majority would be sold by this spring. Commission discussed possible alternatives such as a conditional agreement that would allow the 23 lots to develop, but no further until secondary access was provided. Clark moved to defer Z-8708 to the Planning and Zoning Commission meeting of March 3, 1988. Cooper seconded the motion. The motion carried 7-0. 2. Z-8712. Public discussion of the City -initiated application on behalf of Johnson County Ambulance Service to rezone property located at 808 South Dubuque Street from CI -1 to P. (45 -day limitation period: February 11, 1988.) Beagle reported that there was nothing new to report on this item. Wallace moved to approve Z-8712. Cook seconded the motion. The motion carried 7-0: 3. Z-8801. Public discussion of an application submitted by Northwestern Bell Telephone Company to rezone property located at 302 South Linn Street from CB -2 to CB -10. (45 -day limitation period: February 29, 1988.) d? G % PLANNING 3 ZONING COMMISSION FEBRUARY 4, 1988 PAGE 6 Beagle reported that the Northwestern Bell Telephone Company has occupied the site at 302 South Linn Street since 1928 with the building undergoing two substantial enlargements to its present size. The five -story build- ing was used primarily for housing electronic telephone switching equip- ment for the Iowa City area. Due to advances in computer technology, the amount of space needed for switching equipment has been reduced. As a result, approximately 37,463 square feet of the 78,885 square feet of usable area within the building is now vacant. The applicant desires to rent or lease this space to the University of Iowa and other commercial users. This space has good potential for business service or office uses. However, any conversion of this use from the public utility to another use would be legally restricted by the availability of off-street parking that can be provided on-site. The CB -10 zone comprises an area that is commonly recognized as the Central Business District. The 1978 Comprehensive Plan recognizes the CBD as one of four major commercial core areas. Core areas are those locations where employment and/or shopping opportunities are concentrated and � a major determinate( of traffic patterns, housing demand, and demand for other community -related services and facilities. Recognizing the importance of these core areas, the City, through its planning and zoning efforts, can encourage their full development and discourage the development of new or expanded commercial areas which will dilute the existing core areas, increase potential impacts on adjacent lower inten- sity land uses, and increase public costs through the expansion of urban services and trafficways that serve such areas. To maximize the effi- ciency of development within existing core areas, especially the down- town, it is has been the policy of the City to encourage commercial activity to take place in existing core areas and discourage the prolif- eration of new major commercial areas. Within the CB -10 zone, off-street parking is not required. Given the policies of the Comprehensive Plan, rezoning the subject property just to resolve a parking problem is an inappropriate solution. Recognizing the 02 4 7 u a PLANNING 3 ZONING COMMISSION FEBRUARY 4, 1988 PAGE 7 function and intent of the central business service zone, staff proposes an alternative solution that should not only provide an incentive for redevelopment of the CB -2 zone, and increase support to the Central Business District, but, also resolve Northwestern Bell's problem. Staff proposes that the office and business service establishments within the CB -2 zone be exempt from the off-street parking requirements. Given the permitted densities of the CB -2 zone, a major deterrent of redevelopment has been the requirement for off-street parking. Eliminating the parking requirement for office and business service establishments should encour- age redevelopment activity within the CB -2 zone by allowing uses which should increase support of the Central Business District. There is no doubt that the proposed amendment will have an effect on downtown parking; however, the nature of office and business service establishment uses is different from retail and other commercial activi- ties, more long-term, resulting in less traffic generation. The employ- ees account for the greatest number of parking spaces and are usually there all day. Other uses permitted within the CB -2 zone have a greater potential for traffic generation and higher vehicle turnover during the course of the day. Office and business service establishments are more likely to support the transit system as the amount of parking diminishes. In the alternative, staff recommends amending Section 36-58 to eliminate the off-street parking requirements for office and business service establishments in the CB -2 Central Business Service Zone. Chairperson Scott noted for the record that the Commission received a letter from Gene Kroeger, of Lepic-Kroeger Realtors. Scott read from the letter, "I will support this rezoning only if the entire adjacent CB -2 area is rezoned to CB -10. I could also agree to the elimination of office building parking requirements in this CB -2 area." 6, 7 PLANNING 8 ZONING COMMISSION FE3RUARY 4, 1988 PAGE 8 Jay Honohan, who has a law office at 330 E. Court Street, stated that he opposed the rezoning and the amendment because it shouldn't be done to accommodate one lot owner; an expansion of the Central Business District is an important issue and should not be done for one applicant. Honohan also stated that he opposed the amendment to the off-street parking requirements because the CB -2 zone has a bad parking situation now, since CBD workers park long-term in this area and take space away from custom- ers and clients that use his business and his neighbors'. This amendment is no way to deal with the parking problem. The City should first look at the City's parking situation on a comprehensive scope before making such a decision such as this. Phillip Leff, counsel for Northwestern Bell, stated that his client does not have a preference between the rezoning or an amendment, but would rather have the Commission defer the rezoning rather than deny it so they could work with the staff and Commission to develop a solution that is agreeable. Leff stated that the parking requirements for uses in the downtown area is different. Leff stated that if a solution isn't found, the space would just go to waste and provide no more taxbase for the City. Leff wished to thank the Commission and staff for the time they have given in this matter and continued to say that in the CBD zone the public ramps are not usually full so there is available parking in the area of Northwestern Bell's building. Clark asked whether the University would be willing to provide off-site parking and bus their people to the office. Leff replied that he could not answer for the University but doubted they had any available parking. Dierks asked if there had been any consideration to building a ramp on the lot to the south of the Northwestern Bell building. A representative of Northwestern Bell answered that yes, it had been a consideration, but the cost was prohibitive. )( Dave Cahill, owner of property located a1(319, 321, 323 and 325AGilbert Street, stated that he provides parking for all these businesses and for a significant portion of CBD shoppers and workers. Cahill stated that he a�� PLANNING 3 ZONING COMMISSION FEBRUARY 4, 1988 PAGE 9 has put warning signs on cars and has even towed some. He understands the parking problems in the area and at this time he would disagree with the proposal to rezone, but would want to be included in any amendment to exempt off-street parking requirements. Cahill stated, though, that whatever the Commission chooses to do, he wished to be included in the process. He felt that since this issue involved the university and Northwestern Bell, it would greatly influence the decision of the Commis- sion. Scott suggested that perhaps a variance could be investigated as a means of solving this issue considering that both sides have provided weighty arguments. Franklin replied that the amendment proposed was to address the whole development and redevelopment of the CB -2 area and not just for this applicant which is what a variance would address. Scott replied that he does not believe that parking problems are solved by doing away with parking. Wallace commented that she feels like the Commission is being pressured into a decision by an "approve it or lose it style." Cook stated that he is not in favor of converting the whole area to CB -10. He is also opposed to both a rezoning or the amendment unless the definition for a business service establishment was narrowed. Cook stated that he was disturbed by the comment that Northwestern Bell and the U of I have more clout than an individual has with the Planning and Zoning Commission. He does not agree with that. Cooper stated that he is also disturbed by the comment that the U of I or Northwestern Bell has a greater influence, and that this would not influence his decision. He added that parking is a real issue and must be addressed. Scott stated i that the U of I and Northwestern Bell must meet the same criteria as anyone else and carries no more weight than anyone else. Dierks moved to defer TE&Z-8801 to the Planning and Zoning Commission meeting of Febru- ary 18, 1988. Hebert seconded the motion. The motion carried 7-0. " 4. Public discussion of a proposed amendment to Section 36-58 of the Zoning Ordinance to eliminate the off-street parking requirements for office and business service establishments in the CB -2 zone. a a PLANNING d ZONING COMMISSION FEBRUARY 4, 1988 PAGE 10 This item was already discussed in conjunction with item Z-8801. Cook moved to defer the amendment to the Planning and Zoning Commission meet- ing of February 18, 1988. Cook commented that he compliments the staff on the work they have done to date. Scott expressed the frustration that he and other Commissioners have felt concerning this item and hoped that staff can develop new alternatives to remedy this impasse. Dierks sec- onded the motion. The motion carried 7-0. Chairperson Scott called for a brief recess at 9:40 p.m. Chairperson Scott called the meeting back to order at 9:48 p.m. Commissioner Wallace left at 9:48 p.m. DEVELOPMENT ITEMS: 1. S-8521. Public discussion of an application submitted by Mr. John Sohm for revised preliminary and final plat approval of a two -lot subdivision known as Bent Brook Acres, located approximately two -miles north of Iowa City on the east side of County Road F814. (45 -day limitation period: waived.) Beagle indicated that this item was deferred from December 17, pending the outcome of the proposed rezoning accompanying this subdivision. Following the Commission's recommendation, the Council advised the Board j( �as of SupervisorsAwasJ in on stent with the agricultural policies of this portion of Area 4. Ignoring the Council's recommendation, the Supervi- sors approved the rezoning. Lacking any authority to approve rezonings in the two-mile fringe, the only power the City can exerciseiys over the /\ subdivision X plat. Based upon the Area 4 policy for this area, staff recommends that the plat be denied. Dick Brown, developer's representative, stated that he has followed all required procedyres and now finds out that the application must be turned down because of^Fringe Area Policy Agreement. He finds this to be very frustrating since he was not told about this problem prior to preparation of the plat. Brown said that he does not understand this policy and it should be reviewed. o2 G 7 a PLANNING 8 ZONING COMMISSION FEBRUARY 4, 1988 PAGE 11 Scott commented that the application shouldn't be held up by City/County disagreement. As a compromise, he felt the Commission should recommend that the plat be approved with a follow-up motion that the Fringe Commit- tee be reconvened to look at agricultural areas when located adjacent to residential areas. In addition, he stated that it should be understood that they will recommend to deny any subsequent plat or rezoning applica- tion until the Fringe Area Committee reviews its policies. Clark com- mented that the Fringe Area Committee has not paid great attention to the extent of tillable land in modifying development policy. Clark moved to approve 5-8521. Cook seconded the motion. Cook stated that this is another example of the City wishing to cooperate with the County. Cook continued and said that he knows that much work has gone into the Fringe Area Agreement; however, since an objective of preserving agricultural land is one of the policy's major goals, he wonders how important this is when our nation is providing $26 billion in subsidies to farmers not to grow crops. Perhaps this should be de-emphasized. The motion carried 6-0. Clark moved that the Fringe Area Committee be reconvened to look at the policy of requiring agricultural use adjacent to areas that permit resi- dential development. Cooper seconded the motion. The motion carried 6-0. Chairperson Scott, on behalf of the Planning and Zoning Commission, wished to advise Council that any subsequent zoning or subdivision plat applications that don't meet the policies set forth in the Fringe Area Agreement will be denied by this Commission. Cook so moved. Hebert seconded the motion. The motion carried 6-0. PLANNING AND ZONING COMMISSION INFORMATION: Scott reminded the Commissioners that the next informal meeting would be on Tuesday, February 16, 1988, and that on February 9, 1988, the City Council's informal meeting will be held at 6:30 p.m. V M PLANNING 3 ZONING COMMISSION FEBRUARY 4, 1988 PAGE 12 ADJOURNMENT: Dierks moved to adjourn the Planning and Zoning Commission meeting. Hebert seconded the motion. The motion carried 6-0. The meeting adjourned at 10:05 p.m. j Minutes submitted by Kyle L. Kritz. Approved by: Pete Cooper, Secretary 4-,247 4 Rq u lap, COUNCi l MEEfINq 'PQease SiSM IN: 9. /0. 13. I9. dd sss. X47 S I MINUTES pplr��dE U BOARD OF ADJUSTMENT z > WEDNESDAY, JANUARY 13, 1988 - 4:30 P.M. 88 u34, one. CIVIC CENTER COUNCIL CHAMBERS Corr.cAi.r, PJ• z. MEMBERS PRESENT: Mask, Messier, Pelton, Randall, Winegarden MEMBERS ABSENT: None STAFF PRESENT: Moen, Rockwell, Boyle, Reggentin CALL TO ORDER: Acting Chairperson Mask called the meeting to order at 4:30 p.m. ELECTION OF CHAIR AND VICE -CHAIR: Mask opened the floor for nominations to the Chair position. Messier moved to appoint Bob Randall as Chair. Winegarden seconded. The motion carried 4-0. Randall opened up the floor for nomination of Vice -Chair. Messier nomi- nated Mask. Pelton seconded. The motion carried 4-0. CONSIDERATION OF MINUTES OF DECEMBER 9, 1987: Winegarden moved to approve the minutes. Pelton seconded. The motion carried 5-0. SPECIAL EXCEPTION ITEMS: 1. SE -8717. Public hearing on a request submitted by Daisy Harr for a special exception to modify the rear yard requirements of the RS -5 zone property located at 1220 Fourth Avenue. Rockwell stated that Mrs. Daisy M. Harr sought to remain living in an apartment constructed as an addition to the garage on property located at 1220 Fourth Avenue. According to her application, Harr moved into the remodeled garage and rented out her home on the same property due to financial constraints following the death of her husband. This living arrangement was accomplished without the benefit of a building permit for the living quarters addition to the garage and without acquiring a rental permit for the former residence, and resulted in a situation of having two single-family dwelling units in existence on one lot. This violates Zoning Ordinance, Section 36-3(f)(1): "In the RS zones, there shall not be more than one principal use or building per lot." The applicant, who owns both Lots 5 and 6 of Block 29, proposes to remedy the situation by dividing the two lots in such a way that each structure will be located on a separate conforming lot and used as a single-family dwelling unit. ®' 1 Board of Adjustment January 13, 1988 Page 2 The remedy of realigning the lot would bring the garage/apartment structure into compliance with one exception: the rear yard dimension would be insufficient; there are only 14 feet from the east side of the structure to the east lot line instead of the required 20 feet. A special exception is needed in order to permit modification of the rear yard requirements for the converted garage. The applicant was seeking a special exception in order to legally establish a residence in the garage structure in compliance with the Code. Rockwell noted that a special exception may be granted by the Board of Adjustment only when the applicant has demonstrated that the applica- ble specific and general standards for a particular special exception can and will be met. The Board must be assured that by granting a special exception the public interest will not be compromised and the intent of the Zoning Ordinance will not be undermined. The yard dimension requirements are established in an RS -5 zone to preserve the low density, single-family character of the zone, to minimize the sense of overcrowding and the appearance of congestion, to assure adequate light and air to adjacent properties, and to buffer residential uses from street traffic. Rockwell stated that it was staff's opinion that the requested rear yard modification would not jeopardize the purposes previously cited. Given the relatively isolated location of the property in question, the adequate lot size possible and the location of RS -8 and industrial zone properties in close proximity, the applicant's request seemed reasonable and could be accomplished while complying with the intent of the Ordinance. Reducing the minimum rear yard would not be detri- mental to the public health, safety, and welfare. Staff recommended approval of the requested special exception to reduce the minimum rear yard requirement from 20 feet to 14 feet for the property located at 1220 Fourth Avenue with the condition that ap- proval become effective when the lot line adjustment for Lots 5 and 6 of Block 29, which creates a separate, conforming lot for each dwell- ing unit, is recorded at the Johnson County Recorder's Office. Emma Mills, 1121 Fourth Avenue, speaking for Ada Gaines who was ill, asked if Mrs. Harr's app cation was approved, could the approval be worded so that when the property changes owners, one property. Mills also expressed concern that.4 � tion we64d4a.l44eF4W and crowding in the n rc3 in Randall stated that this case would not set a precedent; that each case is decided on its own merits. Randall said that the Board acts as a court and must decide whether to approve or disapprove in each particular case. B—ci opfxI-zovllL s 4 41ni C SC M�. V�,T -s r a_. F'rrCcn�^-I-{ + L.Zoolcl C. Q,.%c proli4tm4on J c�2 61 Board of Adjustment January 13, 1988 Page 3 Winegarden said that he thought the application for a special excep- tion in this case was a reasonable request. Mask added that approval of the special exception would not violate the public interest. Further it was a unique situation. Approval of Mrs. Harr's request should not lead to deterioration of the neighborhood. Rockwell stated she had received a number of calls in favor of the approval of SE -8717. Messier moved to approve the requested special exception to reduce the minimum rear yard requirement from 20 feet to 14 feet for property located at 1220 Fourth Avenue with the condition that the approval will become effective when the lot line adjustment for Lots 5 and 6 of Block 29, which creates a separate, conforming lot for each dwelling unit, is recorded at the Johnson County Recorder's Office. Mask seconded. The nation carried 5-0. SE -8718. Public hearing on a request submitted by David and Nancy oiTF-mpson for a special exception to modify the side yard requirement of the RS -8 zone for property located at 827 Brown Street. Moen stated that in November, 1987, Housing Inspection Services staff observed that an existing detached garage located at 827 Brown Street was being expanded without the benefit of a building permit. A Stop Work Order was issued on November 20, 1987. in addition to the build- ing permit violation, staff observed that the addition encroached upon the required side yard. The applicants had come before the Board requesting a special exception to legitimize construction of the 5'x18' addition to the existing 10'x18' detached garage by reducing the dimension of the required side yard. The addition projects 1'8" into the 5' side yard required within the RS -8, Medium Density Single - Family Residential zone. In residential zones, the Zoning Ordinance states that detached accessory buildings may not be located closer than five feet to a side lot line. This regulation makes an excep- tion, however, for detached accessory buildings located at least 60 feet from the street. In that instance an accessory building may be located to within three feet of the side lot line. While the addition is 314" from the side lot line of the subject property, the existing garage and proposed addition are only 54'4" from the right-of-way line of Brown Street. The applicants, therefore, were seeking a special exception under the provisions of Section 36-69(b) for the modifica- tion of the side yard requirements from 5' to 3'4". The Board of Adjustment is enabled by a special exception to grant relief from the requirements of the Zoning Ordinance in instances in which the exception would be in the public interest and would rein- force the intent of the Zoning Ordinance. The applicant must demon- strate that the proposed improvements, as illustrated on the site plan submitted with the application, justify a relaxation of the Zoning Ordinance as they apply to their property and that the applicable specific and general standards for a particular special exception can and will be net. Board of Adjustment January 13, 1988 Page 4 The purpose of a side yard requirement is to reduce congestion, or the appearance of congestion, to provide open space for light, air and reduced fire risk by maintaining an adequate separation between build- ings and structures in an urban residential setting. Prior to obtain- ing a special exception adjusting the regulation of the Zoning Ordi- nance, the applicant must demonstrate an adjustment to the side yard setback to allow an accessory building to within 3'4" of the side lot line as needed to permit full use and enjoyment of the property and that the specific proposed exception will not be detrimental to the use and enjoyment of other property in the immediate vicinity. The applicants wished to expand an existing structure in order to pro- vide sheltered storage for items that were stored between the existing building and the side lot line. While construction of the storage addition to the existing facility would be convenient for the applicants, this was not the only means available to the property owner for storing items on the site. The site plan reveals that sufficient space exists elsewhere on the prop- erty to accommodate a shelter of similar size as the proposed addition that would also meet the requirements of the Ordinance. As distance of the detached accessory building from the street in- creases, thereby increasing the distance between principal and acces- sory buildings on a lot, the number of buildings in close proximity to one another diminishes. The appearance of congestion and overcrowd- ing, is therefore, reduced. Due to this situation, the Zoning Ordi- nance regulations are eased for detached accessory buildings located 60 feet or more from the street. As noted, detached accessory build- ings located at least 60 feet from the street may be located within three feet of the side lot line. It is also conceivable that the owner of the property immediately west of the subject property could place a detached accessory building (a garage) near the end of the existing driveway serving that use. The Zoning Ordinance would allow the building, by right, to be placed within five feet of the side lot line. Allowing the owners of the property at 827 Brown Street to construct a building closer to the side lot line than permitted in the Ordinance, in this case, would undermine the intent of the Ordinance by giving the lot a crowded, congested appearance. Based on these factors, staff felt that the proposed addition could create a congested appearance and diminish the use and enjoyment of adjacent properties. In staff's opinion, granting the proposed excep- tion would be contrary to the public interest and to the purpose and intent of the yard requirements to maintain adequate separation be- tween buildings. Staff recommended that a special exception to reduce the side yard requirement for property located at 827 Brown Street from 5' to 3'4" be denied. I V M board of Adjustment January 13, 1988 Page 5 DavidThompson 827 Brown Street. Thompson distributed copies of the statements he planned to make to the Board. Thompson stated that the exception should be granted because the Ordinance states that a build- ing can come to within three feet of the property line. He felt there was little difference between the 60 feet specified in the Ordinance and the 54'4" between the street and the existing garage. Thompson stated there are two items in the staff report which require some clarification. First, expansion of the garage is the primary reason for the application. With only nine feet between interior walls, Thompson stated that opening the doors of his Honda wide enough for entry and exit was difficult. The staff report stressed the need for additional storage without recognizing the need for a larger garage independent of storage needs. A five foot expansion was deter- mined as the minimum practical size which would justify the cost and provide the needed space. Also, at the time of construction, Thompson believed that a three foot wide side yard was all that was required for a garage. The second point of clarification noted by Thompson was that he was not asking for an exception to modify the side yard re- quirements from 5' to 3'4", but instead to reduce the required dis- tance between the street and the garage from 60' to 54'4" from the street. Thompson feels the results are the same, but that the re- quests are very different. Thompson then stated, "As stated in the report, the Zoning Ordinance eases the required side yard when the building is 60 feet from the street because the increased distance reduces the proximity of build- ings to one another, thus reducing the appearance of congestion. I support this concept and if I were beginning totally new construction, I would locate the building at least 60 feet from the street. I ask you to consider, however, whether it is rational to use the same rigid standard for existing structures where compliance is often impossible as is used for new construction where compliance is easy. In our case, the perpendicular distance between the rear of the neighbor's house at 815 Brown Street and the front of our garage is ten feet. I wonder how many garages set 60 feet back are ten feet or more behind the neighbors' homes." Thompson continued, "The report also expresses some concern about congestion if our neighbor at 815 were to construct a garage at the end of his driveway. This would leave a distance of 814" between immediately adjacent portions of our garages. Even if this condition is perceived as congested, the same spacing and congestion would exist and be allowed if our garage were 60 feet from the street. Further, any garage at that location is only a theoretical possibility and not a planned future addition. There is an alley behind our house which can provide emergency access." Thompson then stated, "I have attempted to build and would like to complete our garage in a manner which best fills the Zoning Ordinance purpose as set forth in the analysis section of the report. I have Board of Adjustment January 13, 1988 Page 6 matched the original roofline and would match the existing The finished extension would appear to be an original garage. I am Willingto siding. hazards: make the west wall afire wall to part fire I will also soften the impact of the west wall by Of the Plantings. Thompson then stated, "The staff report identifies no Ivsubmit the following uevidence of distinction the adjacent property. 1. a solid garage which is too small to fully utilize and enjoy well-suited to expansion, J Y but 2* the garage location of 54'4" from the street allowing it to nearly comply with the regulations and, in my opinion, Purposes of the regulation, to comply with the 3, the position of the garage is ten feet behind the neighbor's house which I believe is consistent with the purposes of the regulations in allowing a three foot side yard 60 feet from the street, zoning 4. expansion to the east is not possible because of our house, and 5, a large arbor vitae screens the extension." Thompson concluded by stating, "It is my belief that denying this exception will deny us the right to a reasonably sized garage even though the purpose of the zoning regulations have been met. To deny my application because I am beginning with an existing structure which happens to be 54'4" instead of 60' from the street when there would be no real difference if the structure were located another 5'8" south is not rational. I believe this exception is reasonable and unique or special enough that to deny it would be to show ver favor of new construction where building placement and strict regula_ tion compliance are simplified. Y heavy bias in Privileges of use and enjoyment which sare hextendedou xtonthose the same who have the option of starting from scratch by granting this exception." Messier asked if the west wall would be removed. Thompson said that it would be removed and then replaced by another wall,_ quired from whom Thompson had obtained the information aboutdall in foot side yard requirement. Thompson stated that he had discussed this with neighbors and that was the conclusion they came to, three Mask asked if there was any real difference between the side and front yard setbacks. Moen stated that if the building was placed 60 feet from the right-of-way, the addition would comply with the Ordinance regulations, Randall stated that the ng this action will affect other properties. He stated that et feels ,it Will give a congested look to the neighborhood, t must the if he felt there was not much of a congested look, Messier stated that the effects are the -same whether they modify the front yardstatedthat M Board of Adjustment January 13, 1988 Page 7 the side yard setback. He stated that he would rather see an addition an the garage than a separate structure. He said this case also has an element of uniqueness due to the small size of the garage. Pelton asked Thompson what would be done if the special exception was not granted. Thompson stated he was undecided, but he didn't want a shed on the side of the garage. He stated he would rather keep the roofline and the look of the home. He stated he would use the foot- ings and concrete blocks as a retaining wall and use the area for outdoor storage. Mask stated she was concerned about the eyesore if there was outdoor storage in the area. Pelton stated they must recognize the basic standards and not make decisions based on what the applicant did or did not know about the Zoning Ordinance. Randall stated there were three things to consider: the Board of Adjustment's opinion, the applicant's opinion, and neighbors' opin- ions. He stated the applicant's opinion and the Board of Adjustment's opinion were made known. From the letter provided by Thompson to the Board, it was evident that the neighbor's opinion was that construc- tion be permitted. Winegarden moved to approve the special exception to reduce the yard requirement for property located at 827 Brown Street from 60' to 54'4' from Brown Street to enable construction of an addition to a detached accessory building in conformance with the site plan file stamped December 18, 1987. Mask seconded the nation. The motion carried 3-2 (Pelton, Randall voting no). ADJOURNMENT: Winegarden moved to adjourn the meeting. Messier seconded. The motion carried 5-0. The meeting adjourned at 5:30 p.m. Minutes respectfully submitted by Mark Reggentin. M