HomeMy WebLinkAbout1989-05-02 Bd Comm. MinutesMINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
MARCH 27, 1989
TRANSIT FACILITY CONFERENCE ROOM
MEMBERS PRESENT: Harold Weilbrenner, Ray Haines, Dorothy Paul, Jason Chen, Chi a-
Hsing Lu, Rosalie Reed, Haywood Belle, Terry Powell, Fred Mims
MEMBERS ABSENT: None
STAFF PRESENT: Alice Harris, Dale Helling
RECOMMENDATIONS TO THE CITY COUNCIL:
None.
REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
None,
LIST OF MATTERS PENDING COMMISSION -COUNCIL DISCUSSION:
None.
i RECOGNITION OF PUBLIC AND NEWS MEDIA:
f
None. �
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
The meeting was called to order by Chairperson Weilbrenner. The next Commission
meeting is scheduled for Monday, April 24, 1989, at 7:00 p.m. in the Senior
Center Conference Room.
REPORTS OF COMMISSIONERS:
Haines discussed presentation material and provided overhead slides. He
presented an article on the HUD executive summary of the Fair Housing Act
amendments. He also presented an article on the state housing awareness project.
Weilbrenner stated that the HUD training session conducted by Mr. Elvis Gibson
of the Kansas City HUD office was held on March 27 at 2-6 p.m. Lu discussed his
role for the proposed University survey as being a conflict of interest. i
REPORT ON HUD CONFERENCE:
Haines reported on the HUD conference that Harris and he attended on March 11-
17. Harris commented on HUD's need to certify all agencies under the new law.
Handout material was provided. 1
CASES PENDING:
Harris reported that she has received six new complaints since January 1989.
She reminded Commissioners they need to select a hearing officer for a case going
to public hearing. Reed suggested Jewell Brown of the Des Moines Human Rights
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Human Rights Commission
March 27, 1989
Page 2
Commission. Motion was carried. Harris assigned cases to conciliation teams
for review. Approval on a case of no probable cause was made by Team A. A
recommended probable cause case was reassigned to Team A. Team B is working on
a conciliation and no probable cause case. Team C was assigned two no probable
cause cases. Harris reported that five cases are in legal. A preventing sexual
harassment training session is scheduled for May as a result of the terms of a
predetermination settlement agreement. Harris asked for Commission evaluations
of related films.
OLD BUSINESS:
Harris provided her speaking engagement on March 30, 4:30-5:15. She will speak
to the industrial engineering seminar at the Engineering Building, University
of Iowa, Room 4129, on employment discrimination and the Commission.
NEW BUSINESS:
Dale Helling brought up the possibility of the new Police Chief speaking to the
Commissioners. He also suggested an acknowledgement letter be sent to HUD
regarding the Gibson training. Conciliation training in August by RECCR was
announced by Harris. The consensus of Commissioners was training be held on a
Saturday morning. Harris will coordinate with Floyd Jones, Cedar Rapids Director
of the Human Rights Commission. Harris asked for assistance with preventing
sexual harassment training and Haines volunteered. The quality of life
University survey proposal will be presented by Classie Hoyle at the next
meeting. Harris announced a racism conference to be held at the University of
Iowa April 6-9.
COMMISSION/GOAL PRIORITY SETTING DISCUSSION:
A subcommittee was formed, including Weilbrenner, Mims, Reed, Harris and Helling
to establish goals. Weilbrenner opened discussion and Powell suggested
information and training as priorities. An exploration of the hate and violence
crime rate and climate was suggested by Mims. He will get an FBI representative
to speak. Powell will line up Karla Miller, Director of the Rape Victim Advocacy
Program.
The meeting was adjourned.
Z0s9
MINUTES
BOARD OF ADJUSTMENT
APRIL 12, 1989 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
CALL TO ORDER:
Mask, Pelton, Winegarden
Clemens, Messier
Gentry, Rockwell, Michel
Y YJ..,CVYri1Se6J.
Su. i,
Mask called the meeting to order at 4:37 p.m.
CONSIDERATION OF THE MINUTES:
Pelton moved to approve the March 8, 1989, Board of Adjustment minutes. Winegarden
seconded. The motion passed unanimously by a 3.0 vote.
SPECIAL EXCEPTION ITEMS:
SE -8901. A public hearing on a request submitted by Richard and Jo Gail Wenzel for
a special exception to modify the front yard requirements of the RS -5 zone for property
located at 604 Park Road.
Rockwell reviewed the staff report dated April 12, 1989. Staff recommended approval
of the request for a special exception to reduce the front yard requirements along
Hutchinson Avenue from 15' to 12'6" for property located in an RS -5 zone at 604 Park
Road with the following conditions:
a. That the modifications apply only to the 23' length of frontage abutting the
proposed garage as shown on the site plan submitted as part of the application
filing date stamped March 22, 1989.
Jo Gail Wenzel, 604 Park Road, stated she was present to answer any questions the
Board had concerning the proposed project. Wenzel felt the proposed project would
be an Improvement to the property, and would help eliminate the parking congestion
that occurs now near the existing garage.
Mask asked a question of clarification concerning the exact location of the proposed
garage. Mask also asked for information concerning the vacated portions of the street.
Rockwell replied that a portion of the street opposite the property had been vacated
and the right-of-way north of the existing garage was vacated. Mask asked what would
happen if the entire street were vacated. Gentry replied the street would not be vacated
by the City because this would cut off access to any further development of property
north of the site.
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MINUTES
BOARD OF ADJUSTMENT
APRIL 12, 1909
PAGE 2
Winegarden stated he had no objections to the project and felt the project would be
an Improvement to the area. Pelton asked a question concerning whether the exception
should be extended along the entire length of the Hutchinson Avenue frontage rather
than limiting the exception to the 23' length of the proposed garage. Rockwell said that
the staff analysis and recommendation related to the specific, requested exception
concerning only the 23' length, and not to the porch or any other part of the property.
Gentry informed the Board that the porch and house were considered to be legal,
nonconforming.
Pelton moved to approve SE -8901 for a special exception to reduce the minimum
front yard requirements along Hutchinson Avenue from 15' to 12'8" for property
located in an RS -5 zone at 604 Park Road subject to the following conditions:
a. That the modification apply only to the 23' length of frontage abutting the
proposed garage as shown on the site plan submitted as part of the
application filing date stamped March 22, 1989.
Gentry asked Wenzel if she had heard anything from the adjacent neighbors. Wenzel
replied yes, her neighbors had no problems with the garage replacement as proposed.
Rockwell had received four calls, none of the neighbors had voiced any objections.
on carried: 3.0
Pelton moved and Winegarden seconded the motion to adjourn the meeting at 4:53 p.m.
Motion carried by acclamation.
Minutes submitted by Greg Michel.
Susan Mask, Chairperson
0
Melody �Roc ell, 8Qcretary
sp/PC-3
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Joint Meeting City Council and Planning & Zoning Commission
Tuesday, April 11, 1989 - 4:40 P.M.
Highlander Inn
Joint Meeting City Council and Planning & Zoning Commission, Tuesday, April 11, 1989, 4:40
p.m., Highlander Inn. Mayor John McDonald presiding.
Councilmembers Present: McDonald, Larson, Horowitz, Ambrisco, Kubby, Courtney. Absent:
Balmer.
Planning & Zoning Members Present: Scott, Wallace, Cooper, Cook, Hebert, Clark, Dierks .
Staffmembers Present: Atkins, Halling, Karr, Timmins, Franklin, Moen, Schmeiser.
Tape-recorded: Reel 89-20, Side 2, 1 -END; Reel 89.22, Side 1, 1 -END, Side 2, 1 -END.
McDonald stated that the joint meeting with Planning & Zoning would allow Council the
opportunity to discuss concerns and questions re the Iowa City Comprehensive Plan Update.
Franklin explained that the Comprehensive Plan is a policy document that does not set law;
the Council will need to pass ordinances to actually implement the plan. Franklin said the
Comprehensive Plan Update will be in a loose-leaf type format to enable staff to periodically
insert new studies into the document. Franklin said although this is intended to be a
Comprehensive Plan, staff still needs to address a number of Issues including how much
commercial and industrial land should be available in Iowa City and when that land will
develop. Franklin said future studies will be inserted Into the Plan and the document will
constantly be brought up to date. Franklin said there will need to be a balance between
continually keeping the document up to date and having a planning document that people can
use to project what will happen.
Franklin stated the greatest change since 1983 is the construction of the water pollution control
plant. Franklin noted there is a misconception that the plant will open up Iowa City entirely
to unconstrained development. She stated that, in fact, parts of Iowa City, particularly south
Iowa City, the Village Green area and the northwestern part of the City will still experience
constraints without additional capital improvements.
Franklin said the proposed Comprehensive Plan Update is still in draft form and changes will
be made to it. The document will include more graphic presentations and there will also be
page numbers for each section.
POPULATION PROJECTIONS:
Franklin said that any population projections made for the year 2000 are questionable because
they are based on hard data from 1980; when the City obtains the population figures from
the 1990 Census, the projections will be updated, She indicated that population growth in
the County as well as in the City should be considered.
POLICY SUMMARY:
Franklin said the policy summary summarizes all of the policy statements from 1978.1983 and
1989 as they are updated by the Comprehensive Plan Update document.
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Joint Meeting City Council
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Horowitz referred to the Economic Development section, pg. 5, "Iowa City is encouraging
economic development to improve the standard of living of its residents... while controlling the
negative aspects of such growth (incompatible land uses, decline in environmental quality)."
Horowitz noted that the environmental concerns are separated out in the Policy Summary
section and are not integrated with the other policy statements. She referred to Policy
Summaries, pg. 1, Land Use Policies, Existing Land Use, #3, and suggested it should read,
"3. Zone undeveloped land areas adjacent to existing uses in such a way as to maximize
compatibility and minimize negative environmental impact" Horowitz raised concerns that
information relevant to environment will be removed from the policy documents, and forgotten.
Franklin stated all policy statements should be considered when making decisions. Horowitz
said the summary of policies should be cross-referenced. Wallace noted that the purpose of
the Policies section was to summarize the statements and not repeal the rationale for each
statement, Kubby concurred.
LAND DEVELOPMENT:
Developable Land Analysis. Moen presented information relating to developable land. Moen
stated there are approximately 14,000 acres of land within Iowa City, and 4,450 acres remain
undeveloped. Moen said most of the land is serviceable by gravity flow sewers. Moen said
325 acres within the city are in watersheds that drain away from the municipal sewage
treatment plant and have to be either developed at a very low density or developed by a
mechanical means such as a lift station to enter Into the municipal sewage treatment system.
Moen explained that if all the undeveloped land zoned for residential purposes were to be
developed to date, it is expected that an additional 31,800 people could live within Iowa City,
Moen said the proposed sewage treatment plant and the Improvements to the existing plant
are expected to have an excess capacity that would only permit an additional 12,700 people
within the community. Moen said if figures are Included for industrial and commercial
expansion and development, there would be less sewer capacity available to accommodate
new residential development. Moen said proposed sewer facility Improvement will not
accommodate development beyond approximately 12,000 people. Courtney said the City has
the ability to expand the sewer facility beyond the present proposal. Moen said the new south
plant could be expanded in the future to allow full development of the community. Moen said
full development within the community cannot occur under the sewer facility plans made to
date. Larson asked if it was noted in the Comprehensive Plan Update if a large population
growth would Impact on the proposed policy. Moen said the economy and factors that would
generate an Increase in the population have not been predicted. Franklin said information will
be changed as soon as new census information is received. Courtney questioned the
statements that the non -student population would eventually decline. Franklin said the non-
student population Is based on local birth and death rates and computed migration rates.
Larson said the projected decline does not take Into consideration Iowa City's economic
development efforts, Wallace explained that the Planning and Zoning Commission spent their
first two Comprehensive Pian Update meetings debating population figures. Moen said the
Comprehensive Plan Update will not fall apart if a large increase in population would occur,
but that the rate in which things happen will escalate, and the role the City has to make a
commitment to provide public facilities will have to be re-evaluated.
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Joint Meeting City Council
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DEVELOPMENT SEQUENCE:
Moen said the proposed development sequence is a policy guide that identifies public
decisions that are going to affect private interests for development; the development sequence
allows the City to anticipate and to phase the improvements that will be required or demanded
by development. Moen said the proposed sequence is exclusively related to the order in which
residential development will occur. Moen reviewed assumptions made to determine the
sequence of residential development (Comprehensive Plan Update, Developable Land,
Development Sequence, Assumptions, pg. 1). Moen said Assumption 1, "proximity to existing
development," governs the sequencing of development. Development in close proximity to
existing development will not require as extensive an expansion of municipal services as
development farther out. Therefore, more population can be obtained at the least public cost
to the City. Moen also noted that it is assumed the proposed wastewater system
Improvements will be implemented and will have a dramatic affect on the ability of the east
side to accommodate development. Kubby asked what will happen if the population should
increase and the CIP budget decrease. Moen said Council will need to weigh the costs and
benefits of future growth and determine whether to spend municipal dollars for improvements
for this development and whether changes are justified. Franklin said that if there is a spurt
of growth the City Council could shift the burden of major infrastructure extensions to the
developer through impact fees. Larson asked If residential development pays for Itself.
Franklin said there is a study that was done in a community outside of Chicago that
demonstrated that if all costs are considered, Including schools, the residential development
does not pay for itself, but if schools are taken out of the equation of the cost of residential
development Is closer to the revenues generated by the development.
Moen explained the community was divided Into eight developable areas and within each area
subgroups were defined according to the development potential of that area. Moen said 20
different subgroups were estimated within the corporate limits and each of the subgroups were
evaluated based on development criteria as outlined on pages 2 and 3, Comprehensive Plan
Update, Developable Land, Development Sequence, Development Sequence Criteria. Moen
said staff also considered the development potential of areas Immediately outside the corporate
limits, primarily in Fringe Area 5 and Fringe Area 6. Moen reviewed the criteria and Sequence
of Residential Development Residential Subgroup Scores as outlined.
Moen said based upon the development sequence criteria Identified, three phases of residential
growth were identified. Moen referred to a map marking the planned phases of residential
growth. Moen stated that the rate of development can accelerate in areas that are closer to
existing development where fewer Infrastructure improvements are needed. In the converse,
the further the development is from existing development, the less population there Is to assist
In paying for the services extended; the areas are then least developable. Moen said an out -
of -sequence development policy is Incorporated in which the developer would be responsible
for all of the costs of the development, including costs the City normally subsidizes. Moen said
the developer would be reimbursed for the costs at such time that development progresses
to that area or the development comes in sequence with the Comprehensive Plan. Cook noted
that the Phase I areas of residential growth which Include many in -fill areas seem to be more
politically volatile, Moen said some of the Phase I areas are not easy to develop because of
topographic and environmental constraints and cost of developing those areas may be more
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Joint Meeting City Council
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than developing a flat piece of land. Clark said neighborhood opposition should be
considered. Wallace suggested the final copy of the map should be made easier to distinguish
the planned sequence of residential development. Kubby asked if only 100 persons move into
Iowa City each year, who will move into the developable areas. Moen said the policy doesn't
dictate that development occur, but is the public statement re the order in which it should
occur. Larson asked why the City should estimate the most desirable sequence of
development. Franklin said the City should estimate a sequence of residential development
to allow the City to plan capital improvements. Franklin noted when the City considers the
expenditure of public funds for capital Improvements, the cost of City services (Police, Fire,
Library, etc.) should also be considered. Kubby said by adding more environmental policies
to the Comprehensive Plan Update, the Council will need to develop legislation to Implement
those policies.
ANNEXATION POLICY:
Moen said annexation occurs within a community when there is public interest to exercise
control over a tract of land or for a public benefit such as controlling the development of land.
Moen referred to the Comprehensive Plan Update, Land Development, Annexation Policy, pg.
1, "For reasons of providing area for expected residential growth, sufficient land exists within
the community to accommodate new development; annexation of land for that purpose is,
consequently not justified." Moen said if there is sufficient land within the existing corporate
limits, it is then not desirable to annex additional land to accommodate residential growth.
Moen presented Information regarding completing neighborhoods. Moen said a neighborhood
is a collection of individuals that can collectively support the services that are required within
an area. Moen stated that if annexation is contemplated, staff cautions that consideration
should be given to annexing enough territory to develop a complete neighborhood.
Moen said the City may use annexation to establish more control of land (Comprehensive Plan
Update, Land Development, Annexation Policy, pg. 2 Land Use Control).
Moen said there are municipal responsibilities and financial implications associated with
annexation. Moen said the City will need the financial capability to extend services to an
annexed area (Comprehensive Pian Update, Land Development, Annexation Policy, pg. 2
Cosl/Benefit Considerations).
Horowitz referred to the Northwest Area where boundaries for office development space in the
residential area have been redesigned and asked if it is in the Interest of Iowa City to connect
the City's sewer system with Coralville. Atkins said that concept has been discussed; because
of the two watersheds in the Northwest area, it would be difficult for Iowa City to serve the
area, and Coralville probably could serve that area.
Moen said that staff expects annexation pressure in two areas within the County, immediately
east and immediately south of Iowa City. Moen referred to the Comprehensive Plan Update,
Area Studies, Fringe Area 5 Study and Fringe Area 6 Study. Moen explained the east area of
Iowa City will benefit substantially by the proposed sewage treatment facility Improvements;
consequently, the east area will be capable of reaching full development within the timeframe
Joint Meeting City Council
and Planning & Zoning Commission
April 11, 1989
Page 5
of the Comprehensive Plan Update. Moen said that given the sewage treatment collection
system will be capable of handling additional input, there will be pressures exerted beyond the
corporate limit to annex. The Planning & Zoning Commission has taken the position that there
is no need to annex land within Fringe Area 5 to accommodate additional residential growth;
extension of services to annexed areas can only be achieved by limiting development
opportunities within the city; and if development is permitted within Fringe Area 5,it be done
with the realization and full knowledge that development opportunities within the existing
corporate limits are going to have to be restrained in order to accommodate development
outside the corporate limits. Moen said staff had suggested there was no need for annexation
of Fringe Area 5 and the Planning & Zoning Commission felt that the pressure to annex should
be acknowledged and added to the development sequence. Horowitz asked what impact
would there be on the fringe area agreement that addresses roads. Moen said the Fringe Area
5 agreement requires the application of City/Urban design standards and is consistent with the
Fringe Policy.
Moen said there Is an area that annexation for the public benefit should be considered. Moen
explained staff does suggest that the industrial parking area immediately east of the BDI
development be expanded beyond Scott Boulevard. Moen stated it would benefit the City to
acquire the tax benefits associated with the tax benefits associated with that annexation and
industry could benefit by the extension of city services to the area.
Moen said the new sewage treatment facility will be located within Fringe Area 6. Because of
decisions to place drop connections along the Southeast interceptor, it betters the opportunity
for development; and consequently, pressures to annex portions of Fringe Area 6 are
anticipated. Moen said the Southeast interceptor that will connect the sewage treatment plant
to Iowa City will be at a depth that will make all of Fringe Area 6 capable of being sewered
by gravity sewers. Moen said within Iowa City's commitment to accept federal assistance for
the new sewage treatment plant, Iowa City is obliged to make certain no environmentally
sensitive areas are threatened as a result of the extension and development that can occur
because of the availability of services. Moen said there are wetlands in Fringe Area 6 that
should not be modified, destroyed or changed as a result of actions by the City. Moen said
development of the south area of Iowa City should occur before development within Fringe
Area 6 occurs. Moen said recognizing that development pressures may occur in Fringe Area
6, any development within Fringe Area 6 that does occur, should occur in conformance of city
urban design standards, Moen said that if development is allowed within a Fringe Area, some
development within the existing corporate limits will be denied because of the limited sewage
capacity available.
Horowitz expressed concern that the provision of open space and the sequence of
development did not apply to infill development. Moen said that Issue was not evaluated
separately. Moen pointed out that the existing Infrastructure in the Inner City can
accommodate additional development. Franklin said the Open Space Policy was never
adopted and that, at a minimum, the policy needs to be adopted for the developing areas
where it is feasible. Horowitz said it has not been well thought out how to develop the
developed areas. Franklin suggested that these Issues could be part of the neighborhood
planning discussed in the Inner City study.
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Horowitz referred to the Comprehensive Plan Update, Policy Summaries, pg. 4, Community
Facilities Policies, and suggested there should be a companion statement that reads "Purchase
or acquire through dedication future sites large enough to accommodate schools, parks and
other public facilities prior to the redevelopment of the neighborhoods which they are intended
to serve." Horowitz said the City is involved in redevelopment and a redevelopment policy
should exist. Franklin said a needs assessment was not done for the Inner City area or the
developed area. Franklin referred to the Comprehensive Plan Update, Policy Summaries, p.
4, Community Facilities Policies, d. "Locate neighborhood parks within walking distance of
all residents living in areas where housing densities are greater than two dwelling units per
acre." Franklin said that policy applies to the entire city and gives directions to the City
Council to foster the provision of neighborhood parks. Kubby said the Comprehensive Plan
Update does not address parking needs in the high density residential area. Franklin said
there was discussion in transportation section about transit and parking. Kubby said the
Comprehensive Plan Update should address high density development and parking together.
Casey Cook asked Horowitz If she distinguished between redevelopment and existing Inner
City areas as in -fill development. Horowitz said she lumps it all together.
Wallace asked if there was discussion about the annexation of Fringe Area 6. Moen said there
was a suggestion at a Planning & Zoning Commission discussion that it may be desirable to
annex the territory of land in which the interceptor and plant are located. Moen said if Council
permitted development in Fringe Area 6, it should be consistent with the out -of -sequence
development policy.
POLICY ISSUES:
Economic Development. Franklin said this section takes a more proactive stance and suggests
the City may wish to participate in putting in Infrastructure to encourage economic
development, Kubby referred to the Comprehensive Plan Update, Policies, pg. 3, Economic
Policies, a, f, & g. Kubby said "a. Encourage commercial activity to take place In existing core
areas or neighborhood commercial centers and discourage the proliferation of new major
commercial areas," seems to conflict with 1. Provide and protect areas suitable for future
industrial and commercial development," and "g. Provide for the extension of infrastructure
which will Induce development in areas designated for industrial and commercial growth."
Franklin said staff can look at that section.
URBAN ENVIRONMENT POLICIES:
Franklin said these policies were adopted by the City Council. Kubby asked if buffer areas
(pg. 3) apply to the entire city. Franklin said yes. Franklin noted these policies do require
Implementation ordinances. Scott said the Urban Environmental Policies are frustrating
because the public will refer to the Comprehensive Pian Update policy statement and believe
that there is something to prevent development. Larson said staff needs to present options
to Council re how to Implement the urban environmental policies. Kubby said until the Urban
Environmental Policies are Implemented she has a philosophical conflict, re how to vote on
development involving environmental issues, Clark said it Is not fair to developers to not
know what environmental policies will be applied. Councilmembers and Planning & Zoning
Commission members discussed Urban Environmental Policies. Scott said environmental
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concerns will be addressed when Planning & Zoning Commission considers the Subdivision
Ordinance. Larson asked Planning and Legal staff for direction as to what are the policy
options to accomplish in -fill development of environmental areas.
Atkins said Council needs to prepare a work program for staff - outlining the five or six issues
that need staff's immediate attention.
Housing. Franklin said this section Is based on the 1983 Comprehensive Plan Update and the
Community Development Plan for 1987-89; stresses meeting the housing needs of special
populations and rehabilitation of existing housing stock; addresses houses for new households
and new families; and speaks to the possibility of the City becoming involved In providing
affordable housing through participation in public/private ventures. Horowitz said parking
should be addressed in this section. Franklin said parking problems are being addressed all
of the time. Franklin asked if Horowitz felt the requirement for parking should be Increased.
Horowitz said yes. Franklin said if felt the requirement for parking is increased, the density for
an area will be lowered. Casey said that maybe the ownership of cars should be discouraged.
Casey said that increased parking requirements could reduce the City's ability to create
affordable housing. Horowitz suggested the use of satellite parking. Larson asked if the First
Avenue Housing project was discussed by Planning & Zoning. Franklin said it was not
discussed in much detail, however everyone knew of the project. Atkins said a report re First
Avenue project is being prepared for City Council and policy guidance re that project may be
needed from Council. Kubby said if parking is not addressed in the housing section, what
should decisions be based upon. Scott said parking is addressed on the Comprehensive Plan
Update, Policy Issues, Housing, pg. 5..:' Incentives such as density bonuses in planned
developments and public participation in infrastructure Improvements may be provided to
produce more affordable housing,' and pg. 2... 'The City may, to foster the construction of
affordable housing, enter Into public/private partnerships to lessen the burden on the private
sector of infrastructure costs."
Franklin referred to the Comprehensive Plan Update, Policy Issues, Housing, pg. 4 Housing on
Large Lots. Franklin said it has been pointed out in studies that in order to make it
economically realistic for a developer to want to develop within the city, the City will need to
look at its standards. Franklin said the large lot policy should not dominate the City's housing
policy because it would fly in the face of affordable housing. Franklin explained this section
raises the possibility of large lot development but also cautions that we have to look at the
ramifications of large lot development. Larson asked if the out -of -city development of expensive
housing, is viewed as a big problem. Scott said the developers that are developing large
homes outside of Iowa City say Iowa City is missing out on a large number of projects
because of the City's inability to provide large lot development. Horowitz asked that If the City
would lower standards to allow large lot development, what basis would be used to review
development in the fringe areas. Atkins said lower standards could be proposed for
development of large lots within corporate limits without allowing such things as gravel roads.
Clark said two acre lots, septic tanks, and no sidewalks could be allowed within certain areas
within the corporate limits.
Regarding secondary access, Scott said the Planning & Zoning Commission has recommended
the possibility of condemnation proceedings to provide secondary access. Scott said the
Planning & Zoning Commission is becoming Increasingly more frustrated with their inability to
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approve lots in particular subdivisions because of the lack of secondary access. Scott said
a public/private participation needs to be considered to put streets through properties to
provide secondary access.
NEIGHBORHOOD COMMERCIAL CENTERS:
Franklin said neighborhoods are defined to stress that the grocery -drug type of complex was
the basis for the Neighborhood Commercial Center and the Neighborhood Commercial Center
may be opened up to include other uses provided that they provide for the day-to-day
conveniences of neighborhood residences. Franklin said neighborhood emergency service
medical clinics are addressed in this section. In response to Kubby, Franklin said convenience
stores are permitted now.
NEIGHBORHOOD OPEN SPACE:
Franklin said this section is a reformatting of the open space plan that was presented to the
Planning & Zoning Commission and Parks and Recreation Commission and was tabled
Indefinitely in 1985. Franklin stated this policy sets out that neighborhood open space for the
entire city should be looked at, provides set selection criteria, looks at developing areas of the
city, defines districts, does a needs assessment, and indicates that the potential way to
Implement acquiring open space in the developing area is through the mandatory dedication
of open space through the subdivision process or fees in lieu of dedication. Franklin said this
Is only policy and would need legislation adopted to implement this policy.
Kubby asked if a timeframe has been established to look at open space in developed areas.
Franklin said the issue of open space in developed areas is on a long pending list. McDonald
said a majority of Council can decide which items on the pending list should be addressed
first. Schmeiser stated staff needs Council to prioritize items on the pending list.
Schools. Franklin said in each of the area studies, the number of students that would be
generated by full development of the area was calculated. Franklin said in most areas there
will be a need for a new school facility or the school district will need to do something, such
as boundary changes,
Transportation, Franklin said there is a policy statement on secondary access that addresses:
1) when the City will require secondary access; and 2) endorsing the concept that the City will
become Involved In condemnation. Franklin said a street network plan for the urbanized area
will be developed by the JCCOG Transportation Division. Franklin said this section contains
a statement about a coordinated policy on transit and parking, based on the Idea that the
transit system and the use of the automobile to get from residential areas to the downtown are
systems which are providing the same service. Kubby said the City does not have a transit
policy. Horowitz said there was a transit policy in 1978. Franklin said that a transit policy
should address coordination of transit and parking. Atkins stated he has been directed by
Council to prepare a report addressing that Issue. Horowitz suggested establishing a separate
transit and parking policy under the Comprehensive Plan Update, Policy Issues, Transportation,
pg. 7, Transportation Policies. McDonald said Council needs to address the transit Issue soon.
Council discussed transit and parking Issues.
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Joint Meeting City Council
and Planning & Zoning Commission
April 11, 1989
Page 9
Implementation. Franklin said this section points out ways in which the Comprehensive Plan
Update is implemented. Franklin said this section includes the CIP schedule that follows the
development sequence, Comprehensive Plan Update, Policy Issues, Implementation, and
Capital Improvements Schedule. Franklin said these Capital Improvements are improvements
that would need to be done to carry out development In the different phases of growth.
Council discussed implementation of the policies. Franklin suggested that an action plan could
be prepared. Horowitz asked if the Comprehensive Plan Land Use Map designation and the
intended compatible zone designation is a new zoning designation. Franklin said these
describe generally the zones that are currently on the zoning map and are from the 1978 plan
carried forward. In response to Horowitz, Franklin said RS -5 is under la or lb of the
residential 2-8 du/acre.
McDonald asked if there were any specific areas that still need to be addressed. Ambrisco
asked if Planning & Zoning received any input from Mercy Hospital regarding the changes to
the commercial office designation on Bloomington and Jefferson. Scott said Planning & Zoning
did receive input from Mercy Hospital officials. Scott said Roger Garret had stated opposition
to the proposed changes on the north side of Bloomington Street. In response to Larson,
Scott said most of the comments about second floor office uses were received from Dr.
Kammermeyer. Scott said Mercy Hospital did not disagree with the discussion relating to
converting existing housing stock Into the use of medical office space. Scott said Mercy
Hospital's objection is that they want to expand in all directions. Scott explained the Planning
& Zoning Commission was concerned that the residential structures in the area on the north
side of Bloomington Street retain their residential character and that the areas south and east
of Mercy Hospital probably will be redeveloped. Scott said Mercy Hospital officials need to
make those differentiations. Scott said the major difference between Mercy Hospital's position
and the Planning & Zoning Commission discussion is the goal to retain residential character
in the area north of Bloomington Street. Ambrisco asked what would happen if the commercial
zone were removed out of Bloomington Street. Scott said the area would then have to be
rezoned and would probably be rezoned to RM -12. Horowitz asked if there was a discussion
about the pros and cons of retaining the housing stock north of Mercy Hospital versus
retaining the housing stock south and east of the hospital. Scott said the Planning & Zoning
Commission looked at the area and determined that the housing stock, with exceptions, In the
south and east areas is not in residential character. Franklin distributed a map of the area.
Council and the Planning & Zoning Commission talked about specific houses, uses and zoning
in the area. Scott said present zoning allows Mercy Hospital to expand west and east and
these provisions would allow further expansion to the south. Horowitz asked if there was a
discussion regarding mixed uses in the area. Schmefser said mixed use is permitted now.
Courtney said the current parking and building regulations preclude conversions because it is
not economically feasible. Scott said it was discussed to reduce the parking requirements for
office uses for conversions if the residential character is retained.
Councilmembers noted appreciation and applauded staff and the Planning & Zoning
Commission for work done on the Comprehensive Plan Update. McDonald noted more
discussion will be held prior to final adoption of the Comprehensive Plan Update. Scott urged
Council to attend the Comprehensive Plan Update public hearings scheduled April 24 at Ernest
Horn, April 25 at Shimek, and April 26 at South East Junior High School.
The meeting adjourned at 7:00 p.m.
1041
I
MINUTES DRAFT
FORMAL MEETING
PLANNING & ZONING COMMISSION
APRIL 6, 1989 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Clark, Cook, Cooper, Dierks, Hebert, Scott, Wallace
MEMBERS ABSENT: None
STAFF PRESENT: Beagle, Franklin, Gentry, Moen, Kritz
CALL TO ORDER:
Chairperson Scott called the meeting to order at 7:40 p.m.
RECOMMENDATIONS TO CITY COUNCIL:
1. Recommend approval of a request from the Joseph Company to amend the
Comprehensive Plan land use designation of a 27.992 acre parcel on the south side
of Highway 1 West, immediately west and south of Carousel Motors from Industrial to
General Commercial.
2. Recommend approval of Z-8904, a City -initiated rezoning of a half -acre parcel of land
on the west side of Broadway Street from RM -12 to P/RM-12.
3. Recommend approval of amendments to the Zoning Ordinance to permit neighborhood
centers In residential zones.
I
Planning & Zoning Commission
April 6, 1989
Page 2
4. Recommend approval of S-8810, an application submitted by William Knabe for
approval of a final plat for the Extension of Weeber Street, an 11.50 acre subdivision
located north of Highway 1 West.
5. Recommend approval of 5-8829, an application submitted by Thomas Wegman for
approval of a preliminary plat for Prairie View Estates, Part Three, a 19.10 acre, 13 -lot
i
i
residential subdivision located north of 1.80 and east of Prairie du Chien Road.
PUBLIC DISCUSSION OF ANY REM NOT ON THE AGENDA:
There was none.
CONSIDERATION OF THE MARCH 16. 1989. MINUTES:
Cooper moved to approve the minutes of March 16, 1989. Cook seconded the motion.
The motion carried 7-0.
DEVELOPMENT ITEMS:
2. S-8810, Public discussion of an application submitted by William Knabe for approval
of a final plat for the Extension of Weeber Street, an 11.50 acre subdivision located
north of Highway 1 West. (45 -day limitation period: April 10, 1989.)
Planning & Zoning Commission
April 6, 1989
Page 3
Beagle reviewed a staff report dated April 6, 1989, which recommended the proposed
final plat be approved.
Public discussion was open at 7:45 p,m.
Jay Honohan, attorney on behalf of Gordon Russell, stated he has submitted to the
Commission a copy of an agreement for Johnson County District Court case #48347
and a copy of the entire Exhibit A, a drawing portraying the extension of Weeber Street.
Honohan continued and indicated that his client is not taking either a position of
support or opposition to the proposed extension of Weeber Street, Honohan Indicated
that there were three concerns that he and his client had regarding the proposed
extension: (1) that the extension Is not, in fact, a court-ordered extension but is, in fact,
subject to City approval, (2) approval by the City is not limited to the points 1 and 2
as referenced in the District Court stipulation and shown on Exhibit A, but rather refers
to the street and Its location on Exhibit A which shows a street extending beyond what
is shown on the proposed final plat; and (3) that extension of the stub street shown on
the proposed final plat may be making a commitment to Gordon Russell to extend
Weeber Street to Highway 1 West necessary to develop his property. Honohan
concluded by saying that his client is aware of neighborhood resistance and objections
to extension of Weeber Street to Highway 1 West due to concerns over traffic but that
by the City approving the extension of the stub street, an uneconomic situation may be
created.
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Planning & Zoning Commission
April 6, 1989
Page 4
William Knabe, applicant, stated that he and his wife are proposing a 238 -foot extension
of Weeber Street in order to access their property and has no plans to extend the street
to Highway 1 West. Knabe slated that he does not feel the neighborhood would resist
him in his attempt to extend the street to access his property. Knabe concluded by
indicating that the extension of Weeber Street by 238 feet is part of the District Court
equity agreement and hopes the final plat Is approved by the Commission.
Hillary Strayer, representing Mr. Knabe, stated that the Knabes are entitled to the terms
i
,
of the equity agreement. Strayer continued and indicated that the proposal is not for
the extension of Weeber Street to Highway 1 West and that if Weeber Street were ever
Intended to be extended to Highway 1 West it would require that such a proposal come
before the Planning and Zoning Commission again. Strayer indicated that a line drawn
to Highway 1 West on Exhibit "A" does not apply to the application now before the
Commission. Strayer concluded by saying that the proposal meets all the requirements i
l
and should be approved.
Public discussion was closed at 7:55 p.m.
Linda Gentry, First Assistant City Attorney, asked Mr. Honohan whether Mr. Russell and
his wife agreed to the Installation of a concrete paved street at his expense between
points 1 and 2, Honohan replied yes. Gentry asked 9 Mr. Honohan agreed that points
1 and 2 on Exhibit A are the same as on the proposed final plat. Honohan replied that
he could not disagree and that while he's not an engineer, they do appear to be
GGz
Planning & Zoning Commission
April 6, 1989
Page 5
approximately the same. Gentry asked if it was Mr. Honohan's contention to take a
neutral position with respect to the subdivision approval before the Commission tonight.
Honohan replied that he and his client are neither supporting nor contesting the
proposed plat. Gentry asked whether Mr. Honohan understood that the extension of
Weeber Street to Highway 1 West would be subject to approval by the Planning and
Zoning Commission and the City Council at a future time. Honohan Indicated that from
the testimony that he and his client gave in the court proceedings that the agreement
does not talk about an extension to point 2 but to an existing right-of-way, which is
Highway 1 West. Gentry asked Mr. Honohan if either he or his client, Mr. Russell, have
proposed a street extension. Honohan replied no, and referred to a discussion with
Don Schmelser, Director o1 Planning and Program Development, in 1984 and Indicated
that Mr. Schmelser told him that neighborhood objections would be very strong and he
would have difficulty in having an application for extension of Weeber Street to Highway
1 West approved and has never made such an application since that time. Gentry
asked Mr. Honohan if he took Exhibit A to the discussion with Don Schmelser.
Honohan replied that he did not have Exhibit A as such but a similar sketch that
showed the extension of Weeber Street to Highway 1 West. Gentry asked whether Mr.
Honohan or his client Mr. Russell have ever made a formal application to extend
Weeber Street. Honohan replied no.
Gentry indicated that the extension of Weeber Street to Highway 1 West would cut
through the Russell tract and asked Mr. Honohan if that was correct. Honohan replied
yes. Gentry stated that she does not understand how Mr. Knabe could have been
46'�
Planning & Zoning Commission
April 6. 1989
Page 6
involved with an agreement to extend Weeber Street through the Russell property in the
stipulation if Mr. Knabe had no interest in the property. Honohan replied that it was his
and his client's position that the agreement was intended as a compromise that would
benefit both parties, Mr. Knabe filed the original action asking Mr. Russell to build a
road to Highway 1 West, this was based on an agreement made by the church with the
Kestler family who previously owned the prope;:y and it was the church who, when it
purchased the property, wanted an access to Highway 1 West. Honohan continued and
Indicated that when Mr. Russell purchased the property, he assumed the responsibility
from the Kestlers, then the church decided not to build a church and no longer wanted
the extension. Honohan indicated that through Mr. Cahill, attorney for the Kestlers, they
asked to waive the obligations but attorneys for the church did not want to do so.
Honohan stated that when he and his client considered that the statute of limitations
ran out on the obligation to construct an extension, Mr. Knabe bought the property
and filed a lawsuit from which the stipulation was derived. Mr. Honohan continued and
stated he and his client understood the stipulation to be a compromise and one that
would benefit both parties. Honohan concluded by saying that it would benefit Mr.
i
Knabe because a portion of Mr. Russell's property would be dedicated In lieu of Mr.
Knabe having to do so and the extension of the street would permit Mr. Russell's
property to be developed.
Gentry asked If Mr. Russell's property was subject to an uneconomic constraint because
the only feasible alternative for extension of Weeber Street to Highway t and that there
were no other alternatives explored by Russell. Honohan replied that no, the only
44Z
Planning & Zoning Commission
April 6, 1989
Page 7
alternative for development of Mr. Russell's property is to extend Weeber Street to
Highway 1, in his opinion. Gentry asked whether Mr. Honohan or Mr. Russell had
talked to any of the neighbors along Weeber Street. Honohan replied that he had
talked to a lawyer who had lived on Weeber Street in 1984 and that he Indicated that
the extension of Weeber Street to Highway 1 would be resisted by the neighbors.
Don Schmeiser, Director of Planning and Program Development, Indicated that he could
not recall discussing the Issue of the extension of Weeber Street to Highway 1 with Mr.
Honohan or Mr. Russell, and that the only matter he could recall was a discussion with
the developer who wished to develop land to the east of this area. Schmelser
I
continued and Indicated that he was concerned for the overall development of the area
and prepared a sketch which he did in conjunction with the preliminary plat for the
extension of Weeber Street. Schmelser Indicated that the sketch indicates that Weeber
Street could connect Edingale Street.
Gentry asked if it was Mr. Schmeiser's explanation that he could not recall a discussion
concerning the reaction of the neighborhood to oppose extension of Weeber Street to
Highway 1. Schmelser replied that he could not recall such a discussion. Gentry asked
Mr. Schmelser whether he could recall Mr. Honohan ever proposing extension of
Weeber Street. Schmelser replied that no, he couldn't recall that. Gentry asked
whether Mr. Schmelser could recall discussing with anyone the extension of Weeber
Street to Highway 1 or recommending against It. Schmelser replied no, except for the
Viggo Jensen development and preparing a development sketch for the whole area in
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Planning & Zoning Commission
April 6, 1989
Page 8
response to concerns on the part of staff. Gentry replied that there are then alternatives
for the extension of Weeber Street other than to Highway 1. Schmeiser replied yes, a
number of alternatives could be considered and would be acceptable. Gentry asked
what Mr. Schmeiser thought of the layout of Weeber Street. Schmeiser replied that he
favored it because the reverse curves as shown are beneficial in a residential area as
it helps slow down traffic.
Chairperson Scott indicated that a letter dated April 6, 1989, from Jay Honohan to the
Planning and Zoning Commission has been received and that all members have a copy.
Scott also indicated that a letter dated April 5, 1989, addressed to attorneys Mr. John
T. Nolan, Mr. Jay Honohan, Mr. William L. Meardon, and Hillary Strayer, from Linda
Gentry, First Assistant City Attorney of Iowa City, and read the following sections:
"As such, I see the City's Involvement as limited to the subdivision review, as dictated
In large part by the parties themselves:
i
1. The paved street must meet City design standards, and will be constructed by
defendant Russell at his expense, between points '1' and 7 on Exhibit A, the
heavy line between said points representing the centerline of the proposed street.
Stipulation, paragraph 3(a).
This 'heavy line' is now a part of the final plat to be considered by the Planning
and Zoning Commission and is shown as the center line of Weeber Street
,
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Planning & Zoning Commission
April 6, 1969
Page 9
extension. The 'heavy line' is also the property lines of Knabes to the east and
Russells to the west. See Exhibit A attached to stipulation and revised final plat
attached hereto.
2. The parties agree to 'dedicate to the public in equal portions the right-of-way
necessary for installation of the street referred to above.' Stipulation, paragraph
3(d).
3. The defendant Russell Is obligated to construct the street, but only after 'approval
of the street by the City of Iowa City, Iowa,' Stipulation, paragraph 3(b).
4. Defendant Russell is obligated to construct the street 'within one construction
season following approval by the City.' Stipulation, paragraph 3(b).
5. Finally, defendant Russell's obligation to construct a street ceases
Unless such street and the location thereof as shown on Exhibit A is approved
prior to January 1, 1990, by the City of Iowa City, Iowa, as a connection to an
existing public way including Weeber Street in Iowa City, Iowa. Stipulation,
paragraph 3(c). (Emphasis added.)
With this in mind, I hereby inform the parties that the City staff, including myself, have
reviewed the final plat, as revised; the construction specifications for the street; and the
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Planning & Zoning Commission
April 6, 1989
Page 10
legal documents as to proper form, Sections 32.39 through 32-42, Iowa City Code of
Ordinances; Chapter 409, Iowa Code. After review, all the documents are in proper
form, and the staff has now recommended this subdivision for approval by the Planning
and Zoning Commission, Section 32-42, Iowa City Code of Ordinances.
It seems obvious that no appeal was taken within 30 days of the entry of your consent
judgment November 5, 1964, by Judge Honsell, and no motion was filed to set aside I
the judgment. The City therefore stands ready, willing and able to perform its public
duty as stated in Chapter 32 of the Iowa City Code of Ordinances and Chapter 409,
Iowa Code. Stated otherwise, since the parties themselves have already agreed that
either of them could make application to subdivide the street extension and since the
parties themselves have agreed not to object to the application or to any requirements
by the City relevant to the street, the matter is now ready for review by the Planning
and Zoning Commission. In your own words, the parties have agreed:
.,.the other party will not object to the application for this street or any
requirement by the City relevant to said street. Stipulation, paragraph 4.
With this in mind, it Is the City's Intent to proceed with consideration of the final plat
without further delay on April 6, 1989, as contemplated by the parties themselves, and
as now required by state and local law.
Respectfully yours, Linda Newman Gentry, First Assistant City Attorney.'
GGz
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Planning & Zoning Commission
April 6, 1989
Page 11
Dierks moved to approve S-8810, an application submitted by William Knabe for
approval of a final plat for the Extension of Weeber Street. Cook seconded the
motion. The motion carried 7-0.
4. S-8910. Public discussion of an application submitted by Michael Hodge Construction
Company for approval of an amended preliminary PDH plan for Summit Place, a 1.69
acre development located at the southeast corner of the intersection of )Grkwood
Avenue and Marcy Street. (45 -day limitation period: April 10, 1989.)
Chairperson Scott Indicated that the Planning and Zoning Commission received an
revised preliminary PDH plan but has not had time to review it so they will take public
comments tonight but will defer the presentation of the staff report and consideration
of this hem until the next formal meeting on April 20, 1989. Scott asked to reference
how the revised plan differs from the plan submitted with the application.
Beagle displayed overhead of the revised PDH plan and indicated where changes were
made. Beagle also briefly pointed out staff objections with the Initial design, including
the orientation of the development and the location of access drives and parking areas.
i
Public discussion opened at 8:35 p.m. '
i
i I
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Planning & Zoning Commission
April 6, 1989
Page 12
Dee Norton, 920 Ginter, stated that he was, in general, glad to see the development of
the parcel and does approve of the change as shown and in particular !iked the
redesign of the structures.
Tiny Davison, 924 Walnut, stated that she was in favor of the plan, but wanted to
encourage the developer to protect the mature trees on the property as much as
I
possible.
Beagle reminded the Commission that the 45 -day limitation period will expire on April
1o, 1989, and needed to be waived by the applicant. Michael Hodge, developer, gave
1.
a verbal commitment to waive the 45 -day limitation period.
i
Randy Kardon, 1029 l9rkwood, stated he was concerned about the appearance of the
i development and did not get a letter from the developer about the Planning and Zoning
Commission meeting. Kardon Indicated he was also concerned about the trees being
preserved on the site.
Shay Baker, 918 Ginter, stated that she was pleased with the change in the drive layout
i
but is stili concerned about the proposal of leaving a portion of the existing structure
I
from both an aesthetic and a safety standpoint.
Dick Dolezal, 1111 Marcy, stated he was concerned about the parking layout being
i
next to Marcy Street as well as the size of the structures not being very complementary
oZ.
Planning & Zoning Commission
April 6, 1989
Page 13
to existing homes in the area. Dolezal indicated he was concerned about suitability of
access by service and emergency vehicles as well as parking on nearby streets.
Diane Penning, 1025 Walnut Street, stated that she would like to see the trees be
retained as much as possible as well as the wall along IGrkwood Avenue.
Tasos Anthony, 1004 iQrkwood, stated he would favor development of the parcel and
does not feel it is the worst design possible, and would be In favor of expediting the
process toward approval.
Judy Nyron, 1219 Ginter, stated she was Interested in the historic nature of the property
as it was built by Governor Lucas' son and was part of the original Lucas farm. Nyron
agrees with the concept of preserving a portion of the structure and stated that the
neighborhood does not have enough greenspace and would like to see the parcel used
as greenspace. Nyron stated that she was also concerned about the encroachment
of multi -family developments on the area as it seems to lead to more apartments.
Hebert moved to defer Rem S-8910 to the April 20, 1989, meeting. Cook seconded
the motion.
Clark stated that an interior -oriented design would tend to destroy even more trees than
the present design. Wallace stated that she was bothered that all four units would face
Marcy Street and would prefer that two of the units be accessed from the interior.
Planning & Zoning Commission
April 5. 1969
Page 14
The motion carried 7-0.
Chairperson Scott called a three-minute recess.
ZONING ITEMS:
1. Public discussion of a request from the Joseph Company to amend the Comprehensive
Plan land use designation of a 27.992 acre parcel on the south side of Highway 1
West, Immediately west and south of Carousel Motors from Industrial to General
Commercial, and in conjunction therewith:
2. Z-8902. Public discussion of a request from the Joseph Company to rezone 27.992
r�
acres on the south side of Highway 1 West, Immediately west and south of Carousel
Motors, from 1.1 to CC -2. (45 -day limitation period: April 6, 1989.)
Franklin Indicated the receipt of material, Including Mike Wisdom's response to
questions about the Joseph Company's civic contributions; Pat Winn, a letter in favor
j of the development; Ken Williamson in favor; a petition and an attached letter from
Gordon Russell in favor; a letter from Hay's in favor; memo from IJnda Gentry on the
eight points the Commission should consider in discussion of this Item; and a resolution
from the U of I Student Senate in support of this development.
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Planning 8 Zoning Commission
April 6, 1989
Page 15
Public discussion was opened at 9:08 p.m.
Pepe Rojostask, President of the U of I Student Senate, stated that he and the Senate
were in favor of the development and read a statement: 'Whereas, most student of the
University of Iowa are residents of the Iowa City community and are concerned with the
issues facing Iowa City and its residents, and whereas, the proposed commercial
development of a shopping center south of Highway 1 West in Iowa City would bring
I
economic opportunities, diverse shopping in the retail market, provide many full- and
part-time jobs, and would generate taxes which would benefit Iowa City and its
residents; be it resolved that the University of Iowa Student Senate supports the building
of the proposed shopping center, and be it further resolved that the U of I Student
Senate urges the Iowa City Planning and Zoning Commission and the Iowa City City
Council to amend the Comprehensive Plan and rezone the 28 -acre area for commercial
use for the proposed shopping center' Pepe concluded by saying that the resolution
I
passed unanimously and he feels that It is important and directly affects University of
i
Iowa students.
Mike Wisdom, representative for the Joseph Company, stated that he was very pleased
with the quality and professionalism of the staff, including Karin Franklin, Patt Cain,
Unda Gentry and Terry Timmins, and wanted to have 8 on record.
to (Oz
Planning & Zoning Commission
April 6, 1989
Page 16
Charlie Ruppert, 1406 North Dubuque Road, agreed with Mike Wisdom's comments on
the quality of the City of Iowa City's planning staff and expressed desire for approval
of the development.
Public discussion was closed at 9:20 p.m.
Wallace asked if the statement made in the Gordon Russell letter concerning that all
construction work would be done by local subcontractors was true. Wisdom replied
that his company will act as it own contractor, but feels most of the work will be bid
out and would be performed by local contractors.
Cooper moved to approve the amendment to the Comprehensive Plan land use
designation of a 27.992 acre parcel on the south side of Highway 1 West, west
and south of Carousel Motors from Industrial to General Commercial. Cook
seconded the motion.
Clark stated that he did not agree with the 1.1 designation In that area because of the
lack of a railroad spur, but Indicated that the Iowa City area cannot support this
additional commercial space and will vote negative,
Hebert stated that he will vote for the amendment because he feels the development
will help the competitive retail market in Iowa City and that the City will profit in the
Planning & Zoning Commission
April 6, 1969
Page 17
long run from the development. Hebert concluded by Indicating that he does not think
the area is needed for industry and is better suited to commercial development.
Dierks stated that she was concerned that there was not enough industrial land
available and that the new development would create vacancies within the existing
commercial areas.
Wallace stated that she was concerned about the 200,000 square foot addition of
commercial space as it may force some existing businesses out of business. Wallace
also indicated that she was concerned about the market study and does not agree with
i
it because there are so many Walmarts within approximately 60 miles of Iowa City,
i
Wallace concluded by saying that she is concerned about the proximity of the airport
and that development could pose a problem for aircraft and will vote negative.
Cook stated that he was glad that the students have voiced their opinion and
considered themselves members of the community. Cook continued and indicated that
he was concerned about the development's effect on downtown, but is satisfied that
the Walmart will not have a significant effect on the downtown area. Cook indicated
that he too had problems with the market study, but was concerned about the
development locating elsewhere within the general area whereby Iowa City would still
have the same impacts but not the revenue if the development is not approved for the
area proposed. Cook concluded by saying that the area is not suitable for industrial
development and is better suited for commercial and will vote for h.
to li,,2-
Planning & Zoning Commission
April 6, 1989
Page 18
Cooper stated he was concerned about the traffic patterns in the area affected by the
development and does not feel though that 1-1 is appropriate for the area. Cooper
stated that he was also concerned about the project's impact on the commercial areas
within the City but does not feel competition is an unhealthy Impact. Cooper concluded
by saying that he feels there are sufficient reasons to change the Comprehensive Plan
and will vote for the development.
Dierks stated that she was concerned about the traffic movement caused by the
development and felt that traffic could spill over to local roads. Dierks continued and
Indicated that the quality of life is Important, even at the expense of economic
development and feels that the area will not be Improved by the development.
i
Scott stated that in 1983 when the parcel was zoned industrial, he was on the
Commission and that one of the reasons for the zoning at that time was that the
Infrastructure was in place, which was Important concerning the east side sewer
situation. Scott continued and indicated that the Industrial classification seemed to be
appropriate because the site was located next to the airport and that at the time there
was an Issue with the FAA which influenced the Commission. Scott indicated that the
marketing analysis study was controversial because it did not provide support to base
either a pro or a con vote on. Scott Indicated that he still has a question regarding
whether the market area can support 200,000 square feet of additional commercial
space and Indicated that it may be able to but would take one to three years. Scott
(o G.z7
Planning & Zoning Commission
April 6, 1989
Page 19
concluded by saying that he feels the facts support that 1.1 is Inappropriate for the area
and if zoned commercial would allow the commercial use to locate by right, however,
would only agree to the amendment to the Comp Plan if the commercial development
is subject to a conditional rezoning.
Roll call vote: Clark: no; Cook: yea; Cooper: yes; Dierks: no; Hebert: yes;
Wallace: no; Scott: yea. The motion carried 4.3, with Clark, Dierks, Wallace
voting nay.
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i
Cook moved to defer Z-8902 to the April 20, 1989, meeting. Wallace seconded the ,
j
motion. The motion carried 7.0.
Scott asked for a verbal waiver of the 45 -day limitation period on Z-8902. Mike Wisdom
agreed to waive to April 20, 1989.
3. Z-8904. Public discussion of a City -Initiated rezoning of a half -acre parcel of land on
the west side of Broadway Street from RM -12 to P/RM-12, and in conjunction therewith:
i
i 4. Public discussion of amendments to the Zoning Ordinance to permit neighborhood i
centers in residential zones.
Franklin reviewed the City's reasons for taking the action and reviewed the proposed
j
ordinance with the Commission.
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Planning & Zoning Commission
April 6, 1989
Page 20
Clark moved to approve the City -Initiated rezoning of a half -acre parcel of land on
the west side of Broadway Street from RM -12 to P/RM-12. Wallace seconded the
motion. The motion carried 7-0.
Dierks moved to approve the amendments to the Zoning Ordinance. Cook
seconded the motion.
Clark Indicated that he will vote for the amendments but does not feel staff has had
enough Input from the neighborhood. Franklin replied that all neighbors within 200 feet
have been notified of the rezoning and the property has been posted. Dierks asked
if the staff has received any comments. Franklin replied no, not any. Scott Indicated
that in the RS -12 and RM -12 zones, neighborhood centers are only allowed by special
exception, so it does allow for further public Input if and when a neighborhood center
was proposed for an area. Wallace applauded the City for undertaking this project
because there Is a need for neighborhood centers in Iowa City. Franklin indicated that
Joan Vandenberg deserves much of the credit for Initiating the project and carrying it
through. Scott agreed with comments made by Wallace concerning the project,
The motion was approved 7.0.
Planning & Zoning Commission
April 6, 1989
Page 21
5. Z-8906. Public discussion of an application submitted by Robert H. Wolf to rezone a
0.48 acre parcel located at Sixth Avenue and H Street from RS -8 to RS -12. (45 -day
limitation period: April 24, 1989.)
Franklin reviewed the staff report dated April 6, 1989. Franklin also indicated that the
applicant expressed a desire to have the item brought to a vote as soon as possible.
Cook moved to defer Z•89H to the April 20 formal meeting. Cooper seconded the
j;
motion. The motion carried 6-1, Clark voting nay.
i
6. Z-8903. Public discussion of a request submitted by Braverman Development, Inc., to
i
rezone a portion of an approximate 22 acre tract of land, generally located west of
existing Pepperwood Additions development on Sandusky Drive extended, from ID -RM,
Interim Development Multi -Family Residential, to RS -5, Low Density Single -Family
Residential. (45 -day limitation period: April 20, 1989.) And S-8912, public discussion
i I
of a request submitted by Braverman Development, Inc., for approval of a preliminary
I
subdivision plat for Pepperwood Addition, Part 8, a 22 -acre, 82 -lot single-family
residential subdivision generally located west of existing Peppenvood Additions
i
Development on Sandusky Drive extended, (45 -day limitation period: April 20, 1989.)
Moen reviewed the revisions of the plat and addressed some of the deficiencies listed
at the end of the staff report. Moen also reviewed a redrawing prepared by staff
6 G.z
Planning 8 Zoning Commission
April 6, 1989
Page 22
showing a shift in lot lines to bring certain lots into compliance with the Subdivision
Regulations.
Scott asked whether the changes had been seen by the developer. Moen replied yes
and the developer had not expressed serious opposition to the changes in lot
configuration. Clark asked if the staff or Commission has any reason to get Involved
with subdivision design. Moen replied that yes, in helping applicants to meet
subdivision code. Franklin also replied yes, that the Commission should be Involved
with the subdivision design so that the subdivision is applicable to the area and is well
designed. Wallace stated that some of the reluctance to get Involved in subdivision
design may be due to the frustration encountered when working on the Village Green
subdivision. Scott agreed that the Commission has the right to get Involved with
subdivision design.
Wallace moved to defer items Z-8903 and 5-8912 to the April 20 formal meeting.
Cook seconded the motion. The motion carried 7-0.
DEVELOPMENT ITEM:
i
S-8829. Public discussion of an application submitted by Thomas Wagman for approval of a
preliminary plat for Prairie View Estates, Part Three, a 19.10 acre, 134ot residentlal subdivision
located north of 1.80 and east of Prairie du Chien Road. (45 -day limitation period: April 6,
1989,)
Planning & Zoning Commission
April 6, 1969
Page 23
Beagle reviewed a memorandum dated March 30, 1989, and continued to recommend denial
due to the lack of secondary access. Beagle also reviewed the deficiencies and which ones
were resolved and those remaining. Beagle did indicate that the Johnson County Health
Department asked that the item be deferred pending completion of their evaluation.
Wallace moved to approve a preliminary plat for Prairie View Estates, Part Three, subject
to 1) submission of stormweter management calculations as requested by Public Works,
2) submission of a letter from the Johnson County Health Department approving the
proposed well and water distribution system and septic system locations, and 3) .
Installation of refiectorized breakaway b�llards at the location of the unimproved Syril
Street as it Intersects with Prairie du Chien Road. Cook seconded the motion.
Wallace stated that she does not feel that the breakaway posts installed on Syril Street are an
acceptable alternative for secondary access and feels that there are too many lots being
I
accessed from one road and hence will vote against the Item. Dierks stated that she feels that
Syril Street Is difficult to see at night and suggested that the road be visible by some means.
Dierks concluded by saying that she does not think any more lots should be added though.
Cook stated that he concurred with the comments made by Dierks. Hebert stated that he
agreed with Wallace and felt there hasn't been a consistent policy which is not fair to
developers In Iowa City.
I I
Planning & Zoning Commission
April 6, 1969
Page 24
Roll call vote: Clark: yes; Cook: yes; Cooper: yes; Dierks: yes; Hebert: no; Wallace:
no; Scott: yes. The motion carried 5-2, with Wallace and Hebert voting nay.
OTHER BUSINESS:
1. Planning and Zoning Commission information.
Scott indicated a questionnaire has been distributed to the Commissioners and should
be filled out and sent back. Scott also Indicated that an article in Zoning News on
traffic studies was very relevant to the Commission and should be kept by all members.
Wallace moved to adjourn the meeting. Hebert seconded the motion. The motion carried
7-0.
The meeting was adjourned at 10:20 p.m.
Minutes submitted by Kyle L. Kritz.
Minutes approved by:
Kenneth Cooper, Secretary
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MINUTES DRAFT
FORMAL MEETING
PLANNING 8 ZONING COMMISSION
APRIL 20, 1989 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Clark, Cook, Cooper, Hebert, Scott, Wallace.
MEMBERS ABSENT: Dierks
STAFF PRESENT: Beagle, Franklin, Gentry, Kritz
CALL TO ORDER:
Chairperson Scott called the meeting to order at 7:37 p.m.
RECOMMENDATIONS TO COUNCIL:
1. Recommend approval of a request from the Joseph Company to rezone 27.992 acres
on the south side of Highway 1 West, Immediately west and south of Carousel Motors,
from I.1 to CC -2.
2. Recommend approval of a request submitted by Braverman Development, Inc., to
rezone a portion of an approximate 22 acre tract of land, generally located west of
existing Pepperwood Additions development on Sandusky Drive extended, from ID -RM,
Interim Development Multi -Family Residential, to RS -5, Low Density Single -Family
Residential.
3, Recommend approval of a request submitted by Braverman Development, Inc., for
approval of a preliminary subdivision plat for Pepperwood Addition, Part 8, a 22 -acre,
82 -lot single-family subdivision located west of existing Pepperwood Additions
development on Sandusky Drive extended.
4. Recommend approval of an application submitted by Robert H. Wolf to rezone a 0,48
acre parcel located at Sixth Avenue and H Street from RS -8 to RS -12.
5. Recommend approval of a City -initiated application to rezone a portion of the former
Hollywood Boulevard right-of-way between Broadway Street and Taylor Drive to CO -1.
6. Recommend approval of an amended preliminary PDH plan submitted by Michael
Hodge Construction Company for Summit Place, a 1.69 acre development located at
the southeast corner of the Intersection of Krkwood Avenue and Marcy Street.
7. Recommend approval of a City -initiated subdivision for Lots 11 and 12 of Braverman
Center, Block 1.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Robert S. Poeschl, Sign Tech, Inc., requested that the sign regulations in the CB -10 zone be
amended to allow a Dow Jones Indicator as an approved sign. Poeschl indicated that the
sign would be the same size as current time and temperature signs seen on banks in the
community and hoped that the Commission would consider the amendment and decide in an
expedient manner.
G 4011
Planning & Zoning Commission
April 20, 1989
Page 2
Wallace asked where the sign would be located. Poeschl replied that it would be located on
the Clinton Street side of the Savings and Loan Building across from the Old Capitol Mall.
Wallace asked Poeschl what the urgency was. Poeschl replied that the people of Iowa City
would like to know the changes in the stock market and that the sooner the sign was erected,
the sooner it would be performing its service to the community. Clark stated that he did not
feel that this item should be put high on the list considering the other items that are currently
on the pending list. Wallace concurred. Scott indicated that the item would be placed
between items three and four on the pending list for discussion only and that no staff work is
required at this time.
CONSIDERATION OF THE MINUTES OF APRIL 6,1989:
Wallace moved to approve the minutes of April 6, 1989. Cook seconded the motion. The
motion carried 6.0, Dierks absent.
ZONING ITEMS:
Z-8902. Public discussion of a request from the Joseph Company to rezone 27.992
acres on the south side of Highway 1 West, immediately west and south of Carousel
Motors, from 1.1 to CC -2. (45 -day limitation period: April 20, 1989.)
Franklin reviewed a memorandum dated April 12, 1989. Franklin also reviewed a draft
motion (see formal motion below) written by First Assistant City Attorney Linda Gentry.
Cooper asked whether the secondary entrance would tie Into the frontage road in front
of Carousel. Franklin replied that no, Traffic Engineering and Planning staff felt that
there was not enough room between Highway 1 and the frontage road to permit
adequate room for vehicles to queue up. Wallace asked how many entrances would
be associated with the Westport Plaza. Franklin replied that there will be a primary
entrance to the west and a secondary access to the east. Franklin Indicated that the
primary access will be signalized and provide both Ingress and egress. Wallace asked
how many parking spaces are provided for the development. Mike Wisdom, developer,
Indicated that there will be 1,322 parking spaces. Wallace expressed reservations about
using only one primary access for so many parking spaces. Scott indicated that the
traffic circulation design for this development was better than any current parking lot
design used by similar major retail commercial centers in Iowa City. Franklin Indicated
that one reason for emphasizing only one major entrance in the conditional rezoning
was the concern with multiple accesses to Highway i that would be expected with CC -
2 development.
Cook moved to recommend approval of rezoning 28.084 acres from 1.1 to CC -2,
as requested by the applicant Joseph Company, subject to the following conditions
pursuant to Section 414.5, Iowa Code (1987) in order to satisfy public need directly
caused by the requested change:
1. Applicant agrees that the ±28 acres to be known as Westport Plaza will be
developed only as a cohesive, integrated development with one major
entrance.
Planning & Zoning Commission
April 20, 1989
Page 3
2. In order to lessen the Impacts on one of the major entrances to the City,
applicant agrees that the development will substantially conform to the site
plan (to be dated) which shall Include and satisfactorily address the
following concerns:
a. No more than two free-standing signs will be permitted on the she.
b. That signage on the wall facing Highway 1 of anchor #1 and on the
rear wall of anchor #1 is prohibited.
C.
d.
ie.
I
f.
That arbor vitae screening shall be placed along the southwest
boundary of the site, south of the frontage road.
All lighting shall be downcast; all signage shall be Internally
illuminated.
Plantings along the right of way shall be a mix of deciduous trees
with varied groupings of evergreens.
Low lying evergreen landscaping is appropriate along the entryway
The design of the center shall conform to the concept shown on the
drawings (to be dated).
3. The developer agrees to assume all and total financial responsibility for the
off -she improvements required by this development, specifically:
a. Any geometric changes In the Highway 1 West right-of-way,
b. Signalization at Highway 1 West, and
C. Improvement to City standards of the right-of-way east of Carousel
Motors to the north boundary of the project site.
Further, these conditions will be memorialized Into a formal agreement, to be
approved by the Legal Department and signed by the applicant, in sufficient time
to present to the City Council for consideration at their May 2, 1989, meeting and
for later recordation in the Johnson County Recorder's Office. Hebert seconded
the motion.
Clark expressed concern over the secondary entrance to the development not being
signalized.
The motion carried 5-1, Wallace voting nay.
2. Z-8903, Public discussion of a request submitted by Braverman Development, Inc., to
rezone a portion of an approximate 22 acre tract of land, generally located west of
existing Pepperwood Additions development on Sandusky Drive Mended, from ID -RM,
6�,z
Planning & Zoning Commission
April 20, 1989
Page 4
Interim Development Multi -Family Residential, to RS -5, Low Density Single -Family
Residential. (45 -day limitation period: April 20, 1989.) In addition to S-8912, public
discussion of a requested submitted by Braverman Development, Inc., for approval of
a preliminary subdivision plat for Pepperwood Addition, Part Eight, a 22 acre, 82 -lot
single-family residential subdivision generally located west of existing Pepperwood
Additions Development on Sandusky Drive extended. (45 -day limitation period:
April 20, 1989.)
Franklin indicated that staff has checked on the street naming issue brought out at
Monday night's informal meeting and that the street in question has been renamed to
Balsam Court.
Wallace moved to approve Z-8903. Cook seconded the motion. The motion
carried 6-0.
Cook moved to approve S-8912. Wallace seconded the motion. The motion
carried 6.0.
3. Z-8906. Public discussion of an application submitted by Robert H. Wolf to rezone a
0.48 acre parcel located at Sixth Avenue and H Street from RS -8 to RS -12. (45 -day
limitation period: April 24, 1989.)
Franklin indicated that staff recommended approval of this item. Cooper moved to
approve Z-8906, an application submitted by Robert H. Wolf to rezone a 0.48 acre
parcel located at Sixth Avenue and H Street from RS -8 to RS -12. Hebert seconded
the motion. The motion carried 6.0.
4. Z-8905. Public discussion of aCity-initiated application to zone a portion of the former
Hollywood Boulevard right-of-way between Broadway Street and Taylor Drive to CO -1.
Franklin reviewed a staff report dated March 16, 1989.
Cooper moved to defer Rem Z-8905 to the meeting of May 4, 1989. Cook
seconded the motion. The motion carried 6.0.
DEVELOPMENT ITEMS:
S-8910. Public discussion of an amended preliminary PDH plan submitted by Michael
Hodge Construction Company for Summit Place, a 1.69 acre development located at
the southeast corner of the intersection of Krkwood Avenue and Marcy Street. (45 -
day limitation period: waived,)
Beagle reviewed the April 6, 1969, staff report and the design changes to the plan,
submitted April 29, 1989, Including the orientation of the structure on the lot, site
screening, Impact on the surrounding area, integration with the neighborhood, and traffic
circulation and movement. Beagle continued and reviewed a memorandum dated
April 14, 1989, and continued to recommend the plan be denied,
�Gz,
Planning & Zoning Commission
April 20, 1989
Page 5
Wallace asked if just one access off of Marcy Street would satisfy staff's concern over
the orientation of the development. Beagle replied that it would not address staff's
principal concern regarding the size and scale of the four (4) unit dwelling fronting on
a single-family street as well as the public's view of the development. Beagle Indicated
that the changes made by the developer were, however, a big improvement over the
previous design. Cook asked how big the condominium units were. Beagle replied that
they were approximately 1,700 square feet.
Public discussion opened at 8:45 p.m.
Dean Norton, 920 Ginter, stated that while both staff and developer have valid points,
he is concerned that the site is developed some time in the near future as it is currently
and has been an eyesore to the area.
Dick Dolezal, 1111 Marcy, stated that this plan has been improved, but still is not as
good as the original design submitted by Al Wells. Dolezal continued and indicated that
approximately one-fifth of the site is unusable because of its configuration. Dolezal also
stated concern over the adequate provision of parking spaces for the development,
particularly in the amount of extra parking available for visitors. Dolezal concluded by
indicating that a design with an interior parking scheme would be a better orientation
because It would shield the adjacent neighbors from headlights.
Judy Nyren, 1219 Ginter Avenue, stated that she represents a group of neighbors who
desire the site to be utilized as a greenspace. Nyren asked the Commission to
consider posting a site that is subject to a rezoning at the first meeting with the
developer to give the neighborhood time to be organized. Nyren continued and
Indicated that the group has three main concerns. The scale of the building was too
large for the existing neighborhood, the arrangement of garage units and their design,
the addition of 14 cars to the neighborhood, and overflow parking provisions were
Inappropriate. Nyren continued and indicated that the group was also concerned about
the potential of the units to be converted into rental units. Nyren also stated that there
was concern among the neighbors that this development would open the door for
further multi -family development in the neighborhood. Nyren noted that the site and
surrounding area is rich with historic significance and part of the group's desire and
concern is to establish an open space in the area and feel that the proposed site
would be ideal. Nyren concluded by indicating that the neighborhood is and has been
concerned about the upkeep of this property and feels that the owner has allowed the
property to deteriorate in order to make any proposal seem beneficial in relation to
what is existing, Nyren submitted to the Planning and Zoning Commission a petition
of 113 neighbors objecting to the proposed development and Indicated that a poli was
taken regarding three options on how the land could be developed. Nyren Indicated
that the first option was that there be a smaller number of condominium units, the
second option was single family dwellings on this site, and the third option was
development of the land as open space highlighting Its historical character. Nyren
indicated that of the 113 people, one person voted for the first option, six people voted
for the second option, and 106 voted for the third option. Nyren concluded by
Indicating that Mr, Hodge has been very cooperative in addressing the neighborhoods
concerns about the development of the parcel.
/11 2z
Planning & Zoning Commission
April 20, 1989
Page 6
Michael Hodge, developer, stated he appreciated the neighbors' concern for the
development of this parcel. Hodge continued and indicated that the original interior
orientation design of At Wells plan with nine units would result in the loss of many trees
and the loss of considerable greenspace. Hodge proceeded to outline the changes he
has made to the design in response to concerns expressed by neighbors and staff over
the impact of the development, including positioning buildings further from the Marcy
Street right-of-way, and decreasing the frontage along Marcy Street occupied by the
building. Hodge indicated that the proposed setback of building the four (4) unit
dwelling on Marcy Street resulted in the building almost being in the middle of the site.
Hodge continued and Indicated that some areas of the neighborhood do have a higher
density than perceived given the setbacks in garages and homes along a street. Hodge
also Indicated that the grounds of the development will be well maintained and does
not feel that the units would ever become rental because of the unit's cost. Hodge
stated he would be willing to work with Project Green and have an English garden
maintained on the ground. Hodge concluded by saying that he feels that the proposed
design is the best possible for the property.
Wallace asked whether Mr. Hodge considered just one access onto Marcy Street.
Hodge indicated that he wouldn't like to do that because it would reduce the front yard
greenspace, but that it was physically possible to use just one access onto Marcy
Street.
John Dyson, 837 Kirkwood, stated he was opposed to the proposed development and
has endeavored to take care of his home as have most, if not all, of the homeowners
along Kirkwood Avenue except for the property under consideration tonight. Dyson
continued and stated that the condition of the property is unacceptable and would like
to see the development blend Into the neighborhood, Dyson also Indicated concern
over the design of the access drive to the rear building concerning the difficulty of traffic
circulation and the safety of people walking on the sidewalk along Marcy Street where
the access drive Intersects it. Dyson also expressed concern over the units at some
point becoming rental units. Dyson indicated that he has reservations concerning the
use of the site as a greenspace because of its location near two busy streets and
hence there may be a problem with safety. Dyson concluded by indicating that the
original design was the most favorable to him, personally, and that the neighborhood
had supported it when it was shown to them.
Judy Nyren indicated that she was concerned that if this development was approved
or turned down, that any future proposal maintain the fence along Kirkwood Avenue.
Public discussion closed at 9:30 p.m.
Cook moved to approve the amended preliminary PDH plan for Summit Place, a
1.69 acre development located at the southeast corner of the Intersection of
Kirkwood Avenue and Marcy Street subject to design of the fence along Marcy
Street being approved by staff and resolution of the following deficiencies and
discrepancies identified in the staff reported dated April 6, 1989:
1. Label all existing and proposed trees and accurately locate the position of
each tree by size and type.
Planning & Zoning Commission
April 20, 1989
Page 7
2. Revise the Legend noting total area of drives and open space.
3. That care be taken at time of Installation of water and sewer service lines
to the two (2) dwellings to minimize damage to existing trees, and
Subject to a Conditional Zoning Agreement between the developer and the City to
be approved by the Legal Department, incorporating and adopting the following
concerns:
a. The developer will construct the mounting for placement of a plaque
dedicated to the public and informing the citizenry of the historic
value of the property located at the southeast corner of the Kirkwood
Avenue and Marcy Street intersection.
b. The proposed design, content and placement of the plaque will be
referred to Iowa City's Historic Preservation Commission for review
and concurrence.
C. The developer agrees to grant a perpetual easement to the City of
Iowa City for use of a portion of the developer's property, as close
to the sidewalk as possible, for placement of a park bench in order
to better recognize the property as a historically significant area.
d. The bench will be provided by Iowa City and thereafter maintained
by the City Parks and Recreation Department.
e. Funding for the plaque will be privately provided and will not obligate
the City in any way; the City, however, is not precluded from
contributing to such a fund if properly requested and granted.
Hebert seconded the motion.
Cook stated that he tests that there is a large difference between $130,000
condominiums and rental units and that he doubts that the units would ever be
transformed Into rental units. Cook continued and stated that while changes could still
be made, the proposal does meet many of the concerns of the Commission and the
neighbors and that he agrees with the neighbors that additional greenspace in the
area is desirable, however, budgetary constraints make additional parks difficult to
acquire. Cook continued and indicated that it was the need for additional greenspace
in the city that he and the Commission have pushed for river corridor open space.
Cook Indicated that property owners do at times purposely allow property to be run
down in order to achieve a desired purpose. Cook concluded by saying that he'll vote
for this proposal because it is Inner city infill development and represents efficiency of
development and wants to encourage the PDH development process.
4 6z
Planning & Zoning Commission
April 20, 1989
Page 8
Wallace commended the neighbors and the developer for their efforts to work out their
differences. Wallace indicated that while she has concerns about the proposed
development, it will be an asset overall to the neighborhood and will vote for it. Cooper
staled that he agrees with the previous Commissioners and will support the proposed
development.
Chairperson Scott noted that the exclusion of deficiency #10, as Indicated in the April 6,
1989, staff report, regarding removal of the existing building on the site, indicates that
it is at the discretion of the developer.
Scott stated that the narrow section at the south end of the site that was referred to as
unsuitable and represented one-fifth of the property area is actually 9% of the open
space, Scott continued and agreed that the potential for the development to be turned
into rental units is very slim. Scott continued and noted that the notification distance
from a subject parcel is rather arbitrary and that word of mouth is very important in
getting all affected citizens Informed of the meeting time and place. Scott indicated that
the safety aspect of the access drive onto Marcy Street is no less or no more
dangerous than any other alleys in Iowa City. Scott concluded by saying that changes
have been made due to input by both parties and commended them for their
cooperation.
The motion carried 6.0.
Wallace moved to reconsider S-8912. Hebert seconded the motion. The motion
carried 6.0.
Wallace moved to approve S-8912, a request submitted by Braverman
Development, Inc., for approval of a preliminary subdivision plat for Pepperwood
Addition, Part 8, a 22 -acre, 82 -lot single-family residential subdivision generally
located west of existing Pepperwood Additions development on Sandusky Drive
extended subject to waiving of the subdivision requirements for (a) reduction of
the 400 -foot minimum block length requirement for three blocks on the north and
west sides of Sandusky Drive between Keokuk and Cherry Avenue to the following
dimensions: (1) Keokuk to Ironwood Circle - 385 feet, (2) Ironwood Circle to
Ironwood Circle - 253 feet, (3) Ironwood Circle to Cherry Avenue - 386 feet; (b)
a reduction of a 220 -foot minimum block width to 115 feet for the block between
Pepper Drive and Chestnut Court along the west side of Birch Street; and (c) for,
variation of the cul-de-sac design requirement to allow the cul-de-sac design
proposed for Balsam and Chestnut Court as Illustrated on the preliminary plat.
Cook seconded the motion. The motion carried 6.0.
Clark moved to restrict parking to one side on all cul-de-sacs in the proposed
subdivision S-8912. Hebert seconded the motion. The motion carried 6.0.
3. S-8914. Public discussion of a City -Initiated subdivision for Lots 11 and 12 of
Braverman Center, Block I. (45 -day limitation period: not applicable.)
Franklin reviewed the staff report dated April 20, 1989.
Planning & Zoning Commission
April 20, 1989
Page 9
Cooper moved to approve S-8914. Wallace seconded the motion. The motion
carried 6.0.
OTHER BUSINESS:
Planning and Zoning Commission Information. Scott indicated that there was an ICAD
conference and Annual meeting at the Highlander Inn on April 27. Scott also indicated
that Commissioners needed to fill out the questionnaire for the government class.
Cook moved to approve Z-8905, a City -Initiated application to zone a portion of the
former Hollywood Boulevard right-of-way between Broadway Street and Taylor
Drive to CO -11. Wallace seconded the motion. The motion carried 6.0.
Franklin noted that two Commissioners would be absent from the next meeting of the
Commission and that there may be a problem with obtaining a quorum. Since there
was a possibility that no meeting would be held the first week of May, the following
action was taken.
Clark stated that he would like to see an item such as Summit Piece along with
deficiencies and discrepancies not come before the Commission until staff and
developer have worked things out as much as possible. Franklin replied that staff tries
to eliminate any differences, but when a developer and staff reach an Impasse, it should
be brought before the Commission. Scott indicated that when is a long list of
deficiencies and discrepancies, it is usually the developer's fault in cases where he has
been Involved. Scott concluded by saying that staff's recommendation is the result of
a joint staff process and he would be reluctant to ask them to change their professional
judgment,
I!
Cooper moved to adjourn the meeting. Cook seconded the motion. The motion carried
6-0.
The meeting was adjourned at 10:20 p.m.
Minutes submitted by Kyle L Kritz.
Minutes approved by:
Kenneth Cooper, Secretary
61Ga,
J4jb)
MINUTES
IOWA CITY AIRPORT COMMISSION
TUESDAY, MARCH 21, 1989 - 7:30 P.M.
IOWA CITY TRANSIT FACILITY
MEMBERS PRESENT: Pat Foster, Robert Hicks, Richard Blum, John Ockenfels, Harry
Lewis
STAFF PRESENT: Ron O'Neil, William Sueppel, Cheryl Tworek
GUESTS PRESENT: Charlie Ruppert, Gilbert Janes
CALL TO ORDER:
Chairperson Blum called the meeting to order at 7:31 p.m. Attendance was noted and a
quorum of the Commission was present.
INTRODUCTION OF GUESTS :
Guests were introduced. Gilbert Janes, representing Howard R. Green Engineering, and
Charlie Ruppert were in attendance.
APPROVAL OF MINUTES OF JANUARY 17 1989 AND FEBRUARY 21, 1989:
As there were no corrections to be made to the minutes of the January 17, 1989, and February
21, 1989, meetings, the minutes were approved as written,
PRESENTATION OF BILLS:
The list of bills was presented by O'Neil. Foster moved to approve the bills as presented.
Hicks seconded the motion and it carried unanimously.
PUBLIC DISCUSSION:
Gilbert Janes, an engineer from H.R. Green, was present to discuss the grant project. Janes
gave the Commission an update on the proposed repair work to Runway 17.35. Plans should
be ready to be released to contractors for bid by early April. O'Neil said that easements will
be needed for the runway approaches covered by the grant. Janes suggested land acquisition
cost be completed before determining what the actual building costs will be. O'Neil stated the
seven land owners with property in the clear zones for Runway 17-35 will be contacted.
ITEMS FOR DISCUSSION:
A. Industrial Development - Property and Runway Survey. The Commission has received
proposals from three firms to do the Airport survey and legal description. Bids were
submitted to H.R. Green, MMS and VanWinkle & Hart. MMS had the lowest bid. Blum
said the Commission has a responsibility to accept the lowest bid. Ockenfels moved
to accept the MMS bid. Hicks seconded the motion. Blum suggested the bid
GG3
Minutes
Iowa City Airport Commission
March 21, 1989
Page 2
acceptance be conditional to verity that MMS include a certified final plat acceptable to
the Code. Ockenfels moved to amend the previous motion to include the conditional
verification. Hicks seconded the motion. Hearing no further discussion, the vote was
taken and the motion carried unanimously.
B. Airport History. The subcommittee read the proofs approved of the project, and plan
to proceed with printing.
C. 1701 Building - Electrical Service. O'Neil spoke with Paul Bowers from the City's
Building Inspection office. Because the office area is a part of the hangar, there can
only be one electrical service into the building. Consensus of the Commission was
to proceed with the electrical bid process.
D. Lease Renewal - Interwest Equities. The subcommittee determined that Mr. Hinckley
was willing to continue the lease as is for two years. Hinckley is also willing to sign
a lease with a penalty clause for late rent, as long as the agreement is included for all
leases with the Airport. it was determined that the lease would be renewable in two
years, with a 10% charge per month for late rent.
CHAIRMAN'S REPORT:
Blum passed around copies of the Iowa Airport Conference Bulletin.
With regard to the Fitzgerald Case, the City Attorney was concerned whether or not the City
should purchase the survey information prepared by MMS for Meardon for the Fitzgerrald
property. The cost is $12,000.00. Sueppel stated that the information would be necessary for
the Fitzgerrald condemnation. O'Neil said the budget would not cover that expense. The
Commission decided to take the Issue under legal advisement.
Terry Timmins had asked if the Commission is updating the zoning maps, The cost of the
update from H,R. Green is $4,500, and Timmins would like the Commission to pay.
Lewis moved, seconded by Ockeniels, to pay H.R. Green for the service. Motion carried
unanimously.
The City now claims that the Airport owes back charges for sewer service for the Terminal
Building. Sueppel said he will investigate.
ADMINISTRATIVE REPORT:
Letters were sent to all those with property In clear zones for the Airport Improvement Grant
on Runway 17-35.
The carpet is to be installed In the Terminal Building on March 22, 1989.
Access to the north part of the Airport property is a 60 ft, right-of-way. The question of
whether this was an easement or right-of-way was raised at the previous meeting.
6G3
Minutes
Iowa City Airport Commission
March 21, 1989
Page 3
With regard to the shop wall, the Commission will pursue repairs, H the tenant does not plan
to make building improvements.
The Airport Conference is April 18, 1989. There is money to pay the registration for all the
Commissioners.
The Fly -In Breakfast ideas are being formulated and will soon be discussed. O'Neil suggested
the videotape "Iowa City Airport History" could be played in conjunction with the breakfast.
Discussion of the event will be put on the next meeting's agenda.
A letter in the Commission packets discussed the Renshaw LSNRD. The Commission voiced
concern regarding the development.
O'Neil will be meeting with Karin Franklin from the Planning Department to discuss plans for
the discount department store to be located near Airport property.
The manager evaluation needs to be finalized the subcommittee will meet after the meeting.
ELECTION OF OFFICERS:
Foster moved to nominate Blum as Chair, Hicks seconded the motion. Lewis moved to
nominate Foster a Vice -Chair. Hicks seconded the motion. There were no further nominations.
Ockenfels moved to have the nominations cease. Lewis seconded the motion. The motion
carried. Foster then moved to cast a unanimous ballot. Lewis seconded the motion. The
motion carried unanimously.
SET UP NEXT REGULAR MEETING:
O'Neil stated the regular meeting date of April 18, 1989, would conflict with the Airport
Conference. The meeting was changed to Wednesday, April 19, 1989, at 7:30 p.m.
ADJOURNMENT:
Lewis moved, seconded by Ockenfels, to adjourn the meeting. The meeting was adjourned
at 9:50 p.m.
Minutes submitted by Cheryl Tworek.
J
Richard Blum, Chair
NO QUORUM
MINUTES
IOWA CITY RIVERFRONT COMMISSION
MARCH 15, 1989 - 5:30 P.M.
SENIOR CENTER CLASSROOM
MEMBERS PRESENT: Bruner (arrived at 5:49 p.m.), Jones, Reba], Wachal, Willis
MEMBERS ABSENT: Buckley, Hesse, Horton, O'Brien, Stroh
STAFF PRESENT: Franklin, Michel
GUESTS PRESENT: Casey Cook, Lon Drake, Robert Russell, Kay Gillis, Janel Defeo
CALL TO ORDER:
Wachal called the meeting to order at 5:34 p.m. and noted there was not a quorum present.
PRESENTATION: "STRUCTURAL METHODS OF EROSION CONTROL IN WATERWAYS":
Lon Drake, University of Iowa Geology Professor, presented a slide show on water
management techniques. Drake stated that 1974 was a bad year for erosion in the State of
Iowa. Sediment collected in the lowlands and began to fill up the waterways. Parts of
Coralville Lake picked up 12 inches of sediment. Drake stated reservoirs are used to store
water; however, the reservoirs are filling up with sediment and the end result is the water can
get out of hand.
On the uplands, one of the erosion control solutions is to manage the land better. Drake
stated a number of options for controlling erosion: strip cropping, terracing, grass waterways,
tile terracing and a number of planting methods, such as double cropping, ridge tilling and
using a form of live sod to control erosion. Drake stated engineering methods of controlling
erosion Include the use of check dams, riprap, and stilling basins. Drake cited the example
of the large stilling basin located along Scott Boulevard.
Drake stated that for most drainageways, erosion occurs a few times a year during heavy
floods. Drake said there were a number of options available to control main drainageway
erosion. One option was the use of gabions, rock -filled baskets which can be stacked on a
streambank or underneath the waterways. Drake felt gabions are an appealing form of erosion
control because after awhile the gablons become natural looking along the streambanks. One
problem with the gabions is vandalism. Drake discussed Interlocks, concrete which is
Interlocked and reinforced by rerod and geoweb, a plastic structure which can be used
underneath a stream or adjacent to a stream. Finally, Drake talked about the use of Iowa
vanes which are used to deflect water from the outside curves of a river.
Cook posed a question to Drake concerning the cost of the different erosion control methods
that had been presented. Drake stated that he really didn't want to rank the different erosion
control methods because there are so many variables that could be Involved.
6 ("T
Riverfront Commission
March 15, 1989
Page 2
CONSIDERATION OF THE FEBRUARY 15 1989, MINUTES:
Bruner arrived at 5:49 p.m. Wachal stated that the minutes should show that the Commission
still did not have a quorum. Wachal Informed the Commission that Evelyn Weirich would not
be able to attend the meeting. Wachal asked the Commission if there were any comments on
the February 15, 1989, minutes. Upon hearing no comments from Commission members,
Wachal stated the minutes would be brought up at the next meeting for approval.
UPDATE ON RIVER CORRIDOR TRAIL FUNDING APPLICATION:
Wachal stated that the City Council endorsed the proposal. Staff members Melody Rockwell
and Jeff Davidson had presented Information to Council. Casey Cook of the Planning and
Zoning Commission had also addressed the Council on the Issue. Wachal felt that the Council
was concerned about lighting on both segments of the proposed trail; that lighting was also
needed from Iowa Avenue to Burlington Street. Wachal thought the Commission should
investigate the lighting situation.
Wachal asked the Commission to note the abbreviated version of the resolution that Casey
Cook had proposed. Wachal recommended that this issue be referred to the Trail Committee.
Wachal asked about the time frame on proposed projects, especially the Benton Street Bridge
project. Jones stated that he felt the Commission had already decided on the Benton Street
bridge project. Franklin said staff could check the project status. Wachal stated this Issue
would be referred to the Trail Committee for recommendations.
DISCUSSION OF MARCH 16 MEETING WITH THE JOHNSON COUNTY CONSERVATION
BOARD:
Bruner stated that there had been a conflict in the scheduling and that the Issue would be
dealt with at the next regularly scheduled Riverfront Commission meeting on April 19. Bruner
thought the next Conservation Board meeting was on April 20.
Robert Russell was present to discuss the Benton Street Bridge project. Wachal stated that
the bridge project had been discussed before but that no action had been taken, Jones felt
that the biggest problem was that as a recreational facility, the bridge would not be a big
success. Jones also added he felt that a place to pull off the road would be nice. Wachal
said he had been Informed that no bid date had been set for the bridge project. Jones stated
dirt would be borrowed from the approaches of the old bridge for the new bridge.
Russell presented a number of pictures showing why he wanted to save the existing bridge.
Russell stated that the County will not tear down the old bridge before the new bridge is built.
Russell added that Richard Meyers, County Board of Supervisors, had raised a question of
whether the traffic would be confused when approaching the new bridge; however, Russell
didn't buy this Idea. Meyers was also concerned about stream erosion. Wachal read a letter
from the Johnson County Conservation Board endorsing saving the old bridge.
GG11
Rivedront Commission
March 15, 1989
Page 3
Jones questioned whether the supervisors were trying to save money by having the equipment
there to erect the new bridge and tear down the old bridge. Russell stated he was present
at the Rivedront Commission meeting to inquire if the group would go on record as being in
support of saving the old bridge.
Wachal slated the liability issue should not slop the project. Russell said he had asked Meyers
about the liability issue, and Meyers could not give him an answer. Bruner asked if there was
some discussion on the structural repairs. Russell replied that a dump truck had struck all the
ties, however, the damage was not insurmountable. Russell felt that If the Commission would
endorse the project, this would help the project considerably. Wachal said the bridge project
would be put on the agenda for discussion at the April 19 Riverfront Commission meeting.
Wachal asked Russell if he had given any thought to obtaining a petition. Russell stated that
concerning petitions, persons on the Board didn't really care for petitions; however, Russell
felt he should have started them.
REVIEW COMP PLAN REVISIONS:
Franklin noted the changes on page 9 under Park/Open Space. One issue that was revised
concerned how the trail would physically be placed on the peninsula. There were two
concerns. One was the limestone bluff in the area and also the wet areas. Franklin stated the
Planning and Zoning Commission was concerned that during flooding times, people would be
forced to use private lands to continue if the trail were inundated. She also noted that the
limestone bluffs prevented the continuation of the trail as shown on the Stanley Plan. Franklin
stated that the Planning and Zoning Commission wanted to continue to preserve greenspace
along the river.
Jones discussed the trail being placed in the floodway fringe. He stated that the floodway is
150 feet from the river's edge. Franklin stated that on the peninsula, the proximity of the lines
to the river's edge vary. In the Comprehensive Plan, there was nothing that set the trail
location, rather there was a policy concerning the open space requirements. The Planning and
Zoning Commission advocated use of the river corridor system to fulfill open space
requirements for development on the Peninsula and ensure the Stanley Plan and the
Comprehensive Plan stated the same thing.
DISCUSSION OF APRIL 19 COMMUNITY FORUM ON RIVER CORRIDOR PLANNING:
Wachal stated that Rockwell would appreciate two volunteers to help with the public relations
for the April 19 meeting. Rebal, Bruner and Wachal all said they would assist Rockwell.
Wachal raised a question on when to schedule the regular business meeting. Wachal stated
that at 7:30 in the Public Library, Room A, the community forum on river corridor planning
would begin. Wachal asked if the members of the Commission were willing to meet between
5:30 and 7:30 for a business meeting. The Commission agreed on a regular meeting at 5:30
p,m. Franklin stated she would check on the availability of a room at the library.
G6zl
Riverfront Commission
March 15, 1989
Page 4
UPDATE ON PROPOSED ORC ZONE AMENDMENT:
Wachal informed the Commission that the Issue was deferred because more time was needed
to document impacts of the proposed amendment. One Council member wondered whose
land was involved and how much land would be taken. Franklin stated that to document the
Impacts of the amendment, staff needed to know where the "riverbank" line was exactly. The
floodway line was determined by the Federal Emergency Management Agency. Wachal read
a statement from Councilor Sue Horowitz, "It would be more prudent to work through
administrative means of enforcing the current requirements than to proceed with trying to get
the requirements changed,"
Franklin stated the original overlay proposal was 100 feet. It was scaled back to a 30 foot
setback. Franklin added the original intention of the Riverfront Commission was to preserve
a greenbelt, not just area for a trail. Jones questioned if they could Introduce a new alternative
that didn't have the overlapping distinctions between the floodway or riverbank lines. Bruner
thought the same arguments would exist with the alternative proposed by Jones. Jones felt
the current situation was too complex.
Franklin questioned whether the whole Issue came up from a question about enforcement.
Bruner stated that the Commission was asking for more stringent enforcement of the Floodplain
Ordinance and the River Corridor Overlay Zone by the City building Inspectors. Jones stated
he felt the final step was a professional engineer's certification that confirmed the lines. Rebel
felt the Commission was trying to get other people to agree on something that the Commission
itself could not agree on.
ADJOURNMENT:
The meeting was adjourned at 7:29 p.m.
Minutes submitted by Greg Michel.
( 10 Y'
MINUTES
IOWA CITY RIVERFRONT COMMISSION
APRIL 19, 1989 - 5:15 P.M.
SENIOR CENTER CLASSROOM
MEMBERS PRESENT: Buckley, Hesse, Jones, O'Brien, Rebal, Stroh, Wachal, Willis
MEMBERS ABSENT: Bruner, Horton
STAFF PRESENT: Rockwell
GUESTS PRESENT: Dean Alexander, National Park Service, and University of Iowa students
Richard Gerwe, Kris Keisker, Martin Quick and Steve Yonan
REQUEST TO CITY MANAGER FOR STAFF ASSISTANCE:
The Riverfront Commission requests that the City Manager approve engineering staff assistance
to provide a preliminary concept design and a cost estimate for a Benton Street Bridge river
corridor trail access.
CALL TO ORDER:
i
,
Wachal called the meeting to order at 5:20 p.m.
REVIEW AND APPROVAL OF FEBRUARY 151989 AND MARCH 15, 1989, MINUTES:
MOTION: Jones moved and Stroh seconded the motion to approve the minutes of the
February 15, 1989, Riverfronl Commission meeting as submitted. The February 15. 1989,
minutes were unanimously approved.
MOTION: Jones moved and Stroh seconded the motion to approve the March 15, 1989,
Riveriront Commission minutes with the following amendments: i) on page 1, correct the
spelling of Kay Gillies' last name, 2) on page 2, paragraph 5, line 1, change Benton Street
Bridge to Butler Bridge, 3) on page 2, last paragraph, line 3, delete the attribution to Dick
Myers and state instead "a member of the Board of Supervisors," and 4) on page 3, paragraph
2, line 1, correct the spelling of Dick Myers last name. The minutes were unanimously
approved as amended.
UPDATE ON RIVER CORRIDOR TRAIL FUNDING APPLICATION:
Fence Requirements
Rockwell distributed a copy of the Iowa River Corridor Trail Study Committee minutes of the
April 12, 1989, meeting, She explained that the Committee was bringing several
recommendations to the Commission. The first Item Involved the requirement by the Iowa
Department of Transportation for a 4.5' high chain link fence in the section of the proposed
trail along Riverside Drive immediately north of Burlington Street. The Committee felt a split
rail fence at a lower height would be more aesthetically pleasing while serving the purpose of
lv/0�z
Riverfront Commission
April 19, 1989
Page 2
having a fence in that area, i.e. keeping bicyclists from catapulting down steep slopes into the
river.
Stroh, who chairs the Trail Committee, stated that a split rail fence would be an improvement,
but he preferred that there be no fence. Stroh indicated that safety considerations argued
against having a fence. The bicyclists would be in more danger from vehicles jumping the
curb than from unfenced slopes; with a fence there would be less room for bicyclists or
pedestrians to maneuver out of the way of an errant vehicle. Stroh stated that it should be the
Commission's position that staff explore alternatives with IDOT, including preferably having no
fence. The other Commission members agreed with Stroh's position.
Lighting
Jones stated he had done a site visit of the section of the proposed trail between Iowa Avenue
and Burlington Street to determine if sufficient lighting was in place. He indicated that there
appeared to be adequate illumination of the area. Stroh had determined through analyzing the
number and types of lights in the area, that the lighting met the standards required for
recreational trails. Buckley asked if the shadows near the Burlington Street Bridge would
pose a safety hazard. Jones did not think there was a problem with lighting near the bridge.
MOTION: Jones moved that no additional lighting be incorporated into the trail design for the
area along Riverside Drive between Iowa Avenue and Burlington Street. Stroh seconded the
motion. The motion carried unanimously.
Fundraising
Rockwell reported that she had received calls from Individuals who wanted to contribute to a
trail construction fund. Wachal added that the Commission would be able to set up a separate
account through the City to receive contributions. O'Brien stated that it was Important to have
a specific project in mind. Wachal responded that the trail from the Union footbridge to the
Burlington Street Bridge was the current project. He indicated that summer Intern assistance
would be available to aid in organizing a fundraising campaign.
Rockwell asked Commission
separate account, contacting
fundraising campaign. There
Rockwell should "go for ill"
Benton Street Bridge Access
members if they wanted staff to proceed with setting up a
people who had offered contributions, and organizing a
was a positive consensus among Commission members that
Rockwell distributed the memos to City Council from Casey Cook and from Wachal concerning
Incorporating trail access Into the Benton Street Bridge construction project. She explained
that the Trail Committee had determined that It was Important to have a design in place which
backed up the assurances from the City Public Works staff that a trail access could be added
at any time. The Trail Committee was recommending that the Commission formally request
that the City Manager approve engineering staff assistance to provide a preliminary concept
design and cost estimate for a Benton Street Bridge trail access. O'Brien agreed with the
/0G f-1,
Riverfront Commission
April 19, 1989
Page 3
recommendation from the Committee. Both O'Brien and Jones thought it was critical to have
a design done for the trail access to demonstrate the feasibility of adding access "at any time."
MOTION: O'Brien moved and Jones seconded the motion to request that the City Manager
approve engineering staff assistance to provide a preliminary concept design and a cost
estimate for a Benton Street Bridge river corridor trail access. The motion carried unanimously.
DISCUSSION OF APRIL 20 MEETING WITH THE JOHNSON COUNTY CONSERVATION BOARD:
Rockwell stated that the Johnson County Conservation Board meeting had been rescheduled
for April 26, and the Riverfront Commission had not been included on the agenda. Rockwell
said she would try to set up a definite meeting time through the Board Director. She
understood the importance the Commission placed on working more closely with the Board
on matters of mutual benefit. Jones underscored this point stating that for some projects to
be achieved, the Commission and the Board would be required to work together.
Since the meeting with the Board had been deterred indefinitely, Wachal asked the Commission
if there should be written communication to the Johnson County Conservation Board indicating
endorsement of preserving the Butler Bridge, Robert Russell had attended the March 15, 1989,
Commission meeting and had requested that the Commission act as soon as possible to let
the Johnson County Conservation Board know that the Commission endorsed preservation of
the Butler Bridge.
Commission members expressed reluctance to do so because of their misgivings about the
amount of traffic involved on the new bridge. Jones stated that he would not want the
Commission to stand in Russell's way, but neither did he think the Commission should back
the bridge preservation project. O'Brien agreed and stressed that the traffic was formidable
In that area. Having a recreation area immediately adjacent to a bridge with numerous trucks
hauling rock across It was not a desirable situation. Buckley felt that even if a modification
was made to the old bridge, such as a privacy fence to buffer the noise and sight of traffic on
the new bridge, there would be a problem with the fence blocking visual access to the river.
Stroh felt that resources could be better spent in other ways,
MOTION: Jones moved and Stroh seconded the motion that the Commission take no action
on endorsement of Butler Bridge preservation. The motion carried unanimously.
DECISION ON PROPOSED ORC ZONE AMENDMENT:
Discussion on this item was deferred.
DISCUSSION OF 1989 IOWA RIVER MONTH EVENTS:
Rockwell announced that the photo contest judging would be held on April 26, 1989, at 4 P.M.
in the Planning and Program Development Conference Room. Jones stated that he would
assist Wachal and Stroh with the judging.
0
Riverfront Commission
April 19, 1989
Page 4
MOTION: Buckley nominated Peg McElroy, Executive Director of the Mayor's Youth
Employment Program, to receive the Iowa River Month Special Recognition Award to be
presented at the first Council meeting in June 1989. Jones seconded the nomination. The
nomination was approved by unanimous acclamation.
ADJOURNMENT:
The meeting was adjourned at 5:50 p.m.
Minutes submitted by Riverfront Commission Staff Assistant Melody Rockwell.
j
GGA
.PftAFr
MINUTES
INTERIM BOARD OF DIRECTORS OF THE NON-PROFIT ORGANIZATION TO MANAGE PUBLIC
ACCESS CABLE TELEVISION IN IOWA CITY
TUESDAY, APRIL 11, 1989 - 7:OOPM
SENIOR CENTER - CLASSROOM 1
MEMBERS PRESENT: Daly, Eakin, Evanson, Hess, Larew, D. McGuire, S.
McGuire,
MEMBERS ABSENT: Detroit
STAFF PRESENT: Helling, Shaffer, Welch
OTHERS PRESENT: Marjorie Hayden Strait
The Board deferred approval of the minutes of the March 14th meeting until
the next meeting so that the board members would have time to review them.
It was decided to send copies of approved minutes to the people who had
applied to be on the Board to keep them informed about the process. A
letter to the Board from Renee Jedlicka was read. Shaffer announced that
Doyle Detroit had requested a leave of absence from the BTC, and the Board
decided that the absence of a BTC representative would not inhibit the
progress of the Board. The Board asked for a statement from the city staff
of city funds already expended for the NPO and details of the services
contracted by the City from The Buske Group for NPO development. The Board
then prepared draft language for Articles of Incorporation for the NPO,
with copies to be sent to City Legal and Sue Buske for review [see articles
enclosed]. It was agreed to continue to rotate the chairperson duties among
the voting members of the Board. In conclusion, the Board resolved to
complete the Articles of Incorporation and By-laws by June let and send
copies to the BTC and NPO Board applicants for review.
S. McGuire called the meeting to order at 7:05PM
It was decided that approval of the minutes of the March 14th meeting would
be deferred until the next Board meeting. The Board recommended that the
minutes be prepared in a shorter format. It was also decided that the audio
recordings of the meetings should be saved for future reference [these
recordings will be available through the City Cable TV Division until the
NPO establishes its own offices]. Larew suggested, and the board members
agreed,that copies of approved minutes be sent to people who had applied to
be on the Board to keep them informed of Board progress.
Daly read for the Board a letter from Renee Jedlicka sent in response to
the Board's request for public input on the the management transition [the
letter will be placed on file with the City Clerk with the approved minutes
of this meeting]. Daly reminded the board to attend the annual Access Iowa
City Spaghetti Dinner on Sunday, March 23rd, from 5:30PH to 8:OOPH at 10 S.
�, 45
Gilbert St.
Hese showed an article from the Des Moines Register which cited Iowa City
as having the best public access in the state.
Shaffer announced that Doyle Detroit had sent a letter to the BTC
requesting a leave of absence from her Commission duties, including her
duties as the ex -officio NPO Board member appointed by the BTC . The
general response of the Board was that the lack of a BTC representative
would not inhibit the function of the Board.
P(;B TC ANNO UN . MFNT4:
Drew Shaffer reminded the Board that Sue Buske of the Bueke Group could
help the Board write Articles of Incorporation and By-laws after the Board
makes the necessary key decisions. S. McGuire reminded the Board that all
Board members can contact Sue Bueke by phone from the City offices if they
have any questions. After discussion it was agreed that the draft of the
Articles of Incorporation would be sent simutaneously to City Legal and
Susan Bueke for review. S. McGuire asked the city staff to prepare a
statement of funding allocated by the City for the NPO and the consultant,
the amount of funding already spent, and current plans for use of the
remaining funds.
WORK CESSION TO DRAFT LANGUAGE FOR THE ARTICrYS OF INCORPORATION:
S. McGuire outlined for the board members materials relevant to drafting
the Articles of Incorporation. The Board used the Buske Groupe Overview of
Articles of Incorporation as a point by point working outline for drafting
language for the articles. The Board's decisions were summarized by city
staff in the form of a draft of Articles of Incorporation. The draft is
included at the end of these minutes.
1. An initial statement that the corporation is being incorporated as a
non-profit corporation under the laws of the State of Iowa: It was
moved by Evanson, seconded by Daly, to use the language from page
M-11 of Steven Roy's model language for NPO articles of incorporation
to serve this purpose. Approved 5-0.
2. The name of the corporation: Discussion included consideration of a
public contest to choose a name, the use of an acronym, the fact that
the terms "cable" or "telecommunications" had not been mentioned in
the purposes, and implications of the use of the term "public
access". Daly moved that the name of the corporation initially be
"Public Access Television, Inc.", seconded by Larew. Approved 5-0.
3. The principle place of business of the corporation: Citing the fact
that Iowa law does not require this in the Articles of Incorporation,
and that the issue involved some unresolved questions concerning the
constituency that the corporation would serve, Larew moved to omit an
article stating the principle place of business of the corporation
from the Articles of Incorporation, seconded by S. McGuire. Approved
5-0.
The period of duration of the corporation: Evenson moved to include
an appropriately numbered and titled article stating "The period of
the corporation's duration shall be perpetual", seconded by Daly.
Approved 5-0.
The purpose or purposes of the corporation: Discussion included
Ccs
consideration of whether there should be additional language stating
that the corporation itself would produce programming. Addressing
Eakin's concern that the term was not used in the purposes, Daly
moved that "telecommunications" be substituted for the term
"communications" in the clause numbered "2" in the version approved
March 28th, that the clause currently numbered "1" be unnumbered and
take the form of an introductory statement, and that the remaining
clauses be renumbered "1" through 7" accordingly, Evanson seconded.
Approved 5-0. Larew moved that the term "public access" replace all
uses of the terms "community access" or "local access" in the
purposes to ensure consistency of terms, seconded by Daly. Approved
5-0. Daly moved to include the proposed purposes as revised in an
appropriately numbered and titled article stating the purposes of the
corporation, seconded by Evanson. Approved 5-0.
The provisions of the corporation with regard to the conduct of its
affairs (prohibitions and powers): The Board considered sections of
language from several sources, particulary Jim Larew's March 28th
memo to the Board, Steven Roy's model language for articles of
incorporation, and the Articles of Incorporation of the Milwaukee
Access Telecommunications Authority. Daly moved that the language
from Article XIII from the Milwaukee articles be used in an
appropriately numbered article titled "Powers", seconded by Evanson.
Approved 5-0. Larew recommended that City Legal compare Steven Roy'e
model language to see if anything had been left out. Evanson moved
that all articles be titled as most descriptive and appropriate,
seconded by Eakin. Approved 5-0.
7. An article addressing qualifications and classes of membership:
Evanson suggested that the users of corporation facilities and the
corporation membership should not be confused. She said the issue of
who could use the facilities should be addressed in corporation
Policies. She suggested having two classes of membership: individual
and organizational. Eakin proposed asking Sue Buske why many NPOs did
not allow for membership of businesses when they could be good
sources of community support and funding. Larew reminded the Board
that they were not required to state the classes of membership in the
Articles of Incorporation. Daly moved to use the language from
Article IX, page M-13, of Steven Roy's model language, as recommended
by Larew, in an appropriately numbered and titled article addressing
membership. Eakin seconded. Approved 5-0.
8. A proceedure for designation of power to amend the Articles of
Incorporation: Evanson moved to use the language from Article X.,
page M-13 of the Steven Roy model articles in an appropriately
numbered article entitled "Amendments", seconded by Daly. Approved
5-0.
An article naming or stating the means of naming the Initial Board of
Directors of the corporation: Daly moved that the five voting members
of the current Board be listed with their addressee in an
appropriately numbered article stating the names and addressee of the
incorporators of the corporation, seconded by Eakin. Approved 5-0.
Daly suggested, and Eakin agreed, that any language addressing the
appointment of directors should encourage the inclusion on the
Board of the diversity of minorities within the community (rather
than specifically stating which groups should have appointees on the
Board). Larew said that Iowa law requires that the articles of
incorporation name the initial board and state the number of initial
directors. He added that whatever was decided the article could not
GGs
be in conflict with the By-laws. The discussion turned to the issue
of whether the City appointed Board (who, it was agreed, will at
least be the incorporators) will also, in whole or in part, be
included in the Inital Board of Directors. Eskin suggested that the
incorporators name the entire Initial Board and set up provisions in
the By-laws for some of those board positions to be replaced with
elected members. Larew later suggested a similar plan. Larew's
opinion was that the City appointed board members were designated to
be the incorporators but not necessarily the Initial Board members.
S. McGuire disagreed with Larew's opinion. Larew added that he
personally would not serve on the Initial Board. He suggested more
community input should be solicited before the Initial Board members
are named. Daly felt that the incorporators should constitute at
least part of the Initial Board of Directors with the option of
replacing the incorporators with others later. Evenson agreed, saying
that it would be good to at least have some of the incorporators
named to the initial Board in the interest of ensuring continuity in
the transition process. Larew then suggested using language that
would defer the decision to the By-laws in the interest of getting
the articles drafted at this meeting. Larew moved that the language
from article VII., page M-12, of Steven Roy's model articles of
incorporation be used in an appropriately numbered and titled articll
naming the Initial Board of Directors, except that the number of
directors would remain undecided contingent on decisions made in the
By-laws, seconded by Daly. Approved 5-0.
10. A Board of Director Indemnification: Larew said that this was not
required in articles of incorporation under Iowa law. He recommended
that City Legal be directed to research this issue and that it be
addressed in the By-laws. Daly moved that this issue be deferred to
the By-laws, seconded by Eakin. Approved 5-0.
11. Dissolution proceedures: Evenson moved that the language from section
V. of Larew's March 28th memo to the Board constitute an
appropriately numbered and titled article stating dissolution
proceedures, seconded by Daly. Approved 5-0.
12. Name and address of statutory agent of the corporation: Moved by
Evenson to create an appropriately numbered and titled article
naming James C. Larew of the law offices of Hayek, Hayek, Hayek, &
Holland, 120 1/2 East Washington Street, Iowa City, IA, 52240, as the
statutory agent of the corporation, seconded by Daly. Approved 5-0.
Daly moved that as soon as the articles could be assembled in draft form by
city staff that they be distributed to the Board, Sue Buske, and the City
Legal department for review, seconded by Evenson. Yea: Daly, Evanson; Nay:
S. McGuire; Abstaining: Eakin, Larew. Approved 2-1. S. McGuire expressed
reservations about sending out a draft of the articles before the board
members have Been them assembled. The city staff was directed to send the
board members copies of the drafted articles to review before any copies
are sent elsewhere.
REPORT BY LAREW ON THE BUS F. CROUP WORKPLAN:
Larew asked to defer this issue to the next meeting.
CONSIDERATION OF S .H .D 7 .IN, OF upcomTNG MEETING:
The next meeting was scheduled for April 25th.
6G_5
DESIGNATION OF BOARD CHAIRPRRSON:
Larew moved that the Board continue to have chairperson duty rotate among
the voting Board members in alphabetical order by last name , seconded by
Eakin. Approved 3-0.
OTHE8:
Larew suggested, and the other board members agreed, that approved drafts
of the Articles and By-laws be sent to the BTC and to those people who
applied to be on the Interim Board. Evanson suggested, and the other board
members agreed, that it would be good to have a public forum to get
feedback on the draft Articles and By-laws. Both Larew and Daly felt that
the specific names of the people who would appointed to the Initial Board
of Directors should be determined in a closed meeting. Daly, addressing
Larew's concern that these issues be resolved before people left town for
the summer, suggested that the Board resolve to have the By-laws completed
by June 1st.
The meeting was adjourned by S. McGuire at 9:45.
Respectfully submitted,
A;6?t4- s:t
Drew Shaffer
DRW
GG.s
Draft 1. April 18, 1989
Articles of Incorporation
of
Public Access Television, Inc.
TO THE SECRETARY OF THE STATE OF IOWA:
We, the undersigned, acting as incorporators of a corporation under the Iowa Non-profit
Corporation Act under Chapter 504.A of the Iowa Code, 1987, do hereby adopt the following
Articles of Incorporation for such corporation:
ARTICLE I.
NAME
The name of the corporation shall be Public Access Television, Inc.
ARTICLE If.
DURATION
The period of the corporation's duration shall be perpetual.
ARTICLE III.
PURPOSES
This corporation is formed for scientific, educational, and charitable purposes within the
meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding
provision of any future United States Internal Revenue Law). its speck purposes are:
To develop and promote the community use of public access telecommunications media
In a non-discriminatory manner that promotes a free exchange of ideas and information;
2. To provide individuals and organizations the necessary resources and support to
produce programming for the public access channel(s), including training, equipment,
production facilities, and channel time;
3. To serve public access viewers and listeners by facilitating a diversity of Images and
voices, as well as programming of general community interest, on the public access
channel(s);
4. To embrace equality of opportunity in all aspects of public access management;
5. To develop funding resources and administer same in order to promote public access
programming;
6. To assure that no censorship or control over program content of the channel(s) exists,
except as necessary to comply with Federal Communications Commission prohibition
of material that is obscene or contains commercial advertising.
7. To determine and conduct or support, in any manner, any and all other lawful things
in furtherance of the foregoing charitable educational purposes, either manifest or latent.
G65
ARTICLE IV.
POWERS
No part of the net earnings of the corporation shall inure to the benefit of, or be distributable
to, its members, Directors, officers, or other private person, except that the corporation shall
be authorized and empowered to pay reasonable compensation for services rendered and to
make payments and distributions in the furtherance of the purposes set forth in Article III. No
substanflal part of the activities of the corporation shall be the carrying on of propaganda, or
otherwise attempting to influence legislation, and the corporation shall not participate in, or
intervene in (including the publishing or distribution of statements), any political campaign on
behalf of any candidate or public office. Notwithstanding any other provision of these Articles,
the corporation shall not carry on any other activities not permitted to be carried on (a) by a
corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue
Code of 1986 (or the corresponding provision of any future United States Internal Revenue
Law), or (b) by a corporation, contributions to which are deductible under Section 170(c)(2)
of the Internal Revenue Code o1 1986 (or the corresponding provision of any future United
States Internal Revenue Law.)
ARTICLE V.
MEMBERSHIP
The corporation shall have members. Membership provisions (including the designation of
class or classes, if any, and the method of acceptance of members of each such class) shall
be as set forth by the Bylaws of the corporation. The right of the members, or any class or
classes of members, to vote may be limited, enlarged, or denied to the extent specified by the
Bylaws of the corporation.
ARTICLE VI.
AMENDMENTS
Amendments to these Articles of Incorporation may be adopted at a meeting of the Board of
Directors upon receiving a vote of a ma)ority of the Directors then in office. No members shall
be entitled to vote on any such amendment.
ARTICLE VII.
BOARD OF DIRECTORS
The number of Directors constituting the initial Board of Directors of the corporation is
L_J. Thereafter, the number of Directors constituting the Board of Directors and the manner
of their election and their term of office shall be as provided in the Bylaws of the corporation.
The names and addresses of the persons who are to serve as the Initial Directors are:
Names Addresses
665
ARTICLE VIII.
DISSOLUTION
Upon dissolution of the corporation, the Board of Directors shall, after paying or making
provisions for the payment of all liabilities of the corporation, distribute or convey, as the Board
of Directors shall determine, all of the assets and land of the corporation to an organization
or organizations organized and operated for non-profit purposes similar to those of the
corporation under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal Revenue Law). Any of such assets
not so disposed shall be disposed of by the District Court of the county in which the principle
office of the corporation is then located, exclusively for such purposes or to such organization
or organizations, as said court shall determine, which are organized and operated for such
purposes.
ARTICLE DL
STATUTORY AGENT
The name and address of the Statutory Agent is:
James C. Larew
Law Offices of Hayek, Hayek, Hayek & Holland
1201/2 East Washington Street
Iowa City, Iowa 52240
ARTICLE X.
INCORPORATORS
The name, address, and signatures of the incorporators
Executed this ( ) day of May, 1989.
Daniel L Daly
Sandra Eskin
Kristin M. Evanson
James C. Larew
Susan J. McGuire
17 Regal Lane
Iowa City, Iowa 52240
1047 Woodlawn
Iowa City, Iowa 52245
53 Forest View Trailer Court
Iowa City, Iowa 52245
228 Woolf Avenue
Iowa City, Iowa 52246
145 S. Westminster Street
Iowa City, Iowa 52245
STATE OF IOWA )
) ss
COUNTY OF JOHNSON )
On this day of May, 1899, before me the undersigned, personally appeared Daniel L.
Daly, Sandra Eskin, Kristin M. Evenson, James C. Larew, and Susan J. McGuire, to me known
to be the persons names in and who executed the foregoing Articles of Incorporation and
acknowledged that they executed the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
WEDNESDAY, JANUARY 18, 1989 - 5:15 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Justis, Patton, Detroit, Stevens
MEMBERS ABSENT: Hall
STAFF PRESENT: Shaffer, Ceretti, Helling
OTHERS PRESENT: Dewey McGuire, Gary Sanders, Marjorie Hayden -Strait,
Kristin Evenson, Lida Cochran, John Forrest
RECOMMENDATION TO CITY COUNCIL:
The BTC recommended to City Council to approve a five -member
organizational NPO initial Board of Directors to organize, plan, and
establish a new NPO to manage and operate channel 26 and the Community
Programming Center (CPC). The Board of Directors will also include three
non-voting members.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Detroit moved to send a letter of support for Dewey McGuire of the Iowa
City Public Library AV Lab, in his efforts to obtain a federal grant for
additional equipment for the ICPL. Seconded by Patton, unanimously
approved, Hall absent. Blough reported TNT is now available on Heritage
Cablevision. Shaffer reported four complaints this month. Motion made by
Detroit to accept revised series outlines and procedures proposed by Hess.
Seconded by Stevens, unanimously approved, Hall absent. BTC Commissioners
voted on a five -person NPO Initial Board of Directors. They recommended
Jim Larew, Kristin Evenson, Dan Daly, Sandra Eskin, and Susan McGuire.
Also recommended were three non-voting members: Dewey McGuire
representing the ICPL, John Hess representing the cable company, and Doyle
Detroit representing the BTC. Detroit moved that the BTC recommend the
above organizational NPO Board of Directors to the Iowa City City Council
with the understanding that the task of this Board is to organize, plan
and establish a NPO which will take over management of channel 26 and the
CPC from heritage Cablevision. Seconded by Patton, unanimously approved,
Hall absent.
CALL TO ORDER:
The meeting was called to order at 5:15 p.m.
APPROVAL OF BTC MINUTES:
Moved by Detroit, seconded by Stevens, to approve the December 14, 1988,
BTC meeting minutes. Moved by Stevens, seconded by Detroit, to approve
the December 21, 1988, BTC meeting minutes. Unanimously approved, Hall
absent, both meeting minutes.
ki
e'GG
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
JANUARY 18, 1989
PAGE 2
ANNOUNCEMENT OF COMMISSIONERS:
Detroit was contacted by Dewey McGuire from the Iowa City Public Library
AV Lab asking the BTC to send a letter of support for a Federal grant
application the Iowa City Public Library AV Lab is applying for. The
Federal grant would enable the AV Lab to upgrade their equipment for
citizens' usage. Detroit made a motion that the BTC send a letter of
support along with Dewey McGuire's grant application. Seconded by Patton,
unanimously approved, Hall absent.
SHORT PUBLIC ANNOUNCEMENT:
Gary Sanders, CPC Community Producer, addressed the BTC with extra
information to be added to his application as an organizational NPO Board
member.
HERITAGE REPORT:
Slough reported the addition of TNT to the Iowa City cable TV lineup
replacing Cable Value Network. Blough reported the total number of
Heritage Cablevision subscribers is 18,280 of which 14,000 are Iowa City
subscribers.
CPC REPORT
Hess reported the CPC will be fully -equipped with one-half inch production
and editing equipment by February 1, 1989. Hess also announced that the
Community Producer's meeting will be January 19, 1989, at 7:00 p.m. in the
Iowa City Public Library Meeting Room A. At this meeting they will have a
lottery to determine who will get series contracts for channel 26.
Thirteen community producers have applied for eight series available.
Hess reviewed the series guidelines and procedures with the BTC. Motion
made by Detroit that the BTC accept the series guidelines and procedures
as revised and to make them a part of the Community Programming
Guidelines. Seconded by Stevens, unanimously approved, Hall absent.
Hess reported that the television schedule has been changed in the Iowa
City Press -Citizen. The TV Guide section now lists each access channel's
programming separately.
BTS REPORT:
Shaffer reported four complaints this month - two in reference to cable
rates, one with billing, and one with signal problems. Shaffer
distributed handouts of City policies and open meetings laws. Shaffer and
Slough have been exploring a request made by Mike Moran of the Iowa City
Rec Center. His request involves connecting the Rec Center with the Civic
Center via the Institutional Cable Network (INET) for a variety of
communications purposes.
616,6
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
JANUARY 18, 1989
PAGE 3
DISCUSSION AND POSSIBLE RECOMMENDATIONS CONCERNING THE NPO ORGANIZATIONAL
BOARD OF DIRECTORS APPOINTMENT:
The BTC reviewed applications for the NPO Initial Board of Directors, each
remarking on their preferences. After completion of the voting process,
the five recommended organizational NPO Board of Directors are as follows,
Jim Larew, Kristin Evenson, Dan Daly, Sandra Eskin, and Susan McGuire.
Recommended non-voting members for the organizational Board are Dewey
McGuire of the Iowa City Public Library, John Hess of Heritage.
Justis moved to recommend Detroit as the non-voting NPO Boardmember
representing the BTC. Seconded by Patton, unanimously approved, Hall
absent.
Detroit moved that the BTC recommend to the Iowa City City Council to
approve the five -member organizational NPO Board of Directors as voted
upon by the Commissioners, the five -member Board being Jim Larew, Susan
McGuire, Kristin Evenson, Dan Daly, and Sandra Eskin and also that the
term of this Board will expire once the establishment of the NPO has been
completed. Further, to recommend there be three non-voting members, Dewey
McGuire/Iowa City Public Library, John Hess/CPC, and Doyle Detroit/BTC.
This organizational Board of Directors' task is to organize, plan and
establish a new NPO which will take over the management of Channel 26 and
the CPC from Heritage Cablevision. Seconded by Patton, unanimously
approved, Hall absent.
FUTURE PENDING BUSINESS DISCUSSION ITEMS:
Justis asked staff to set up a tour of the CPC, the Iowa City Public
Library cable facilities. In addition, the next BTC meeting will take
place in Meeting Room A of the ICPL.
In reference to the BTC's pending business item concerning opening a
second public access channel, it was decided upon to eliminate the matter
from the pending business list.
OTHER PUBLIC DISCUSSION:
Marjorie Strait reported the video for special needs group she is working
with is approaching older community members to be trained as coaches to
assist in aiding the special needs population.
Hess added that they have also been in contact with the Hospital School in
order to learn how to adapt video equipment for the special needs
population.
6114
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
JANUARY 18, 1989
PAGE 4
ADJOURNMENT:
Moved by Detroit, seconded by Patton to adjourn, unanimously approved,
Hall absent. Adjourned at 6:51 p.m.
Respectfully submitted
Drew ffer
Broadband Telecommunications Specialist
sp/PC-3
5VO
DRAFT
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
WEDNESDAY, FEBRUARY 15, 1989 - 5:15 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Justis, Patton, Detroit, Hall
MEMBERS ABSENT: Stevens
MEMBERS EXCUSED: Stevens
STAFF PRESENT: Shaffer, Cerretti, Helling
OTHERS PRESENT: Dewey McGuire, Susan McGuire, Marjorie Hayden -Strait, Kristin
Evenson, Rose Marie Petzold
RECOMMENDATION TO CITY COUNCIL:
None.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Detroit reported on the first NPO Interim Board meeting of January 26th. The
Interim Board agreed to make available spaces on subcommittees for persons who
previously applied for positions on the NPO Interim Board. The next NPO meeting
will be held at 7 PM, February 28 at the Senior Center. After that, consultant
Sue Buske will give the Board a workshop on March 5th. Blough from Heritage
Cablevision reported that Heritage will be switching Channels 26 and Channel 27
(or Channels 25 and 26 if you do not have remote control or a cable ready set)
due to technical reasons. Hess from the CPC reported the producer series lottery
has been completed. Also, the one half-inch edit system has been installed in
the CPC and is in 50% use at this time. Shaffer reported three complaints this
month and also the completion of a 15 minute video made by cable TV staff on the
Iowa City FY90-92 Budget. This program will be cablecast for public information
purposes.
CALL TO ORDER:
The meeting was called to order at 5:15 p.m.
APPROVAL OF BTC MINUTES:
Moved by Patton, seconded by Detroit, to approve the January 18, 1989, BTC
meeting minutes. Unanimously approved, Stevens absent.
ANNOUNCEMENT OF COMMISSIONERS:
Detroit announced that she had attended the first Interim Board meeting held on
January 17, 1989 for the NPO of Channel 26. A decision had been made by the
Board not to elect a chairperson at this time but to rotate that responsibility.
The Board also agreed to make available spaces on any subcommittees for persons
who had previously applied for positions on any interim Board. The next Interim
Board meeting will be held on February 28 at 7:00 PM in the Senior Center. The
meeting will be set up as a forum to give invitees a chance to share their
BROADBAND TELECOMMUNICATIONS COMMISSION
FEBRUARY 15, 1989
PAGE 2
"vision of public access." March 5, 1989, will be the first Interim Board
meeting with Sue Buske, consultant from the Buske Group (hired by the City to
assist the NPO Interim Board).
Hall relayed a comment made by the public in reference to rebroadcasting of the
December BTC meeting. He requested this meeting not be rebroadcast.
SHORT PUBLIC ANNOUNCEMENT:
Susan McGuire from Access Iowa City announced their annual Spaghetti Dinner in
April. All Commissioners are invited.
HERITAGE REPORT:
Blough reported that Heritage Cablevision will be switching the channel placement
on the cable box of Channels 26 and Channel 27 (or Channels 25 and 26). This can
be used to an advantage for promoting Channel 26. Heritage will also be changing
the hardware for Disney channel. The extra equipment installed in the home will
be eliminated and instead, the descrambling will be done before the signal
reaches the home.
CPC REPORT:
Hess reported the CPC has chosen eight hours of new series programs to be run
February 19, 1989 to February 1990 from the lottery system the CPC initiated in
January. Another lottery will be used to fill any open times, if needed. As
of February 1 the new one half-inch edit system has been in use and at this time
the system is 50% booked. Hess announced the addition of a new part-time
technical staff employee - Janine Cunningham, along with six interns from the
University of Iowa. Hess reported that the CPC has a new grievance policy.
Each Commissioner will be receiving a copy by the March BTC meeting. The Special
Needs Committee will be sending another survey out to approximately 200 persons.
The first survey sent proved inconclusive.
f•7tti�� 111.1i
Shaffer reported three complaints this month - one in reference to rate
increases, one was a complaint about two programs on Channel 26 and the last was
a customer having difficulty in finding information about the Senior Citizen
cable TV discount. The City is in the process of interviewing and hiring a part-
time person to assist Shaffer with the NPO Interim Board responsibilities. The
City has just completed a video program on the Iowa City FY90-92 Budget. Shaffer
also had received a call from a University of Iowa student inquiring why the
University of Iowa doesn't offer any of the access channels, except their own
Channel 28. Justis said he would inquire about this when he spoke with Mr.
George Klingler.
Discussion began by Commissioners in reference to Channel 26 program complaints.
The Commission agreed that a problem exists and the CPC guidelines need to
address production quality, and in particular, pre -production. Better quality
programs can help Channel 26 and the community, and cut down the number of
complaints.
BGG
BROADBAND TELECOMMUNICATIONS COMMISSION
FEBRUARY 15, 1989
PAGE 3
NPO INTERIM BOARD DISCUSSION:
Discussion centered on Detroit's role representing the BTC as a non-voting member
of the Interim Board. Detroit stated that she felt both the Commission and the
NPO would be best served if her activities were limited to observation and
advisory tasks only. After discussion, it was agreed that these tasks were to
include frequent contacts with subcommittee chairpersons and each meeting's
chairperson, monthly reports to the BTC and special attention given to
representing the needs of the special interest groups who are not otherwise
represented on the Interim Board, such as the viewers of Channel 26 and special
needs populations.
The BTC discussed the NPO Interim Board's responsibility in relation to the BTL
and the City. Helling responded that the City's and BTC's involvement will not
change much, and will eventually simply be the agreement made between the NPO
simFranchise Agreement. the
Bo ard and the CitanHellingbsugg stedthea h vingmthe NPO InterimlaroBoard csendna
representative to the BTC meetings.
Detroit stated that the next step for the NPO Interim Board will include having
a workshop/orientation session with Sue Buske, the City's consultant, on March
5th.
ADJOURNMENT:
Moved by Patton, seconded by Detroit to adjourn, unanimously approved, Stevens
absent. Adjourned at 6:45 p.m.
Respectfully submitted,
Drew affe
Broadband Telecommunications Specialist
sp/PC-4
GGG
DRAFT
MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
WEDNESDAY, MARCH 8, 1989 - 5:15 P.M.
CIVIC CENTER BOARD ROOM
MEMBERS PRESENT: Justis, Patton, Detroit, Hall, Stevens
STAFF PRESENT: Shaffer, Cerretti, Helling
OTHERS PRESENT: Bill Blough, John Hess, Dewey McGuire, Kristin Evenson, Dan
Daly, Marjorie Hayden -Strait
RECOMMENDATION TO CITY COUNCIL:
None.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Detroit reported that the NPO interim board met with Sue Buske March 5. The next
NPO meeting will be held at 7:00 p.m., March 14 at the Iowa City Public Library.
A question was brought up by Dan Daly in reference to the BTC's expectations
concerning the NPO interim board's goals. He felt a need for clarification for
the interim board members. The BTC reiterated the timeframe as outlined by
consultant Buske to accomplish incorporation and management transfer. In
addition, the matter of quality programming on Channel 26 was discussed.
Finally, the BTC stressed these were guideline ideas only and that the NPO Board
should not feel restricted or pushed by these timeframes and suggestions. Blough
reported that Heritage has begun monitoring signal leakage in the Iowa City area.
He also announced Syndex will go into effect December 31, 1989, allowing local
cable companies and other programmers to purchase syndicated programs and this
will require local cable companies to block out duplications. Hess distributed
copies of Iowa City Press -Citizen promos and CPC policies and guidelines packets
sent to the NPO interim board. Shaffer reported two complaints, both concerning
rate increases. Shaffer stated the City character generator has "died" and the
City will be replacing it with a computer soon. Justis was re-elected to serve
as Chair and Stevens elected Vice Chair. The BTC dealt with the pending items
list on the agenda by deleting some items and moving others to actual agenda
items.
CALL TO ORDER:
The meeting was called to order at 5:15 p.m.
APPROVAL OF BTC MINUTES:
There were no minutes to be approved.
ANNOUNCEMENT OF COMMISSIONERS:
Detroit reported that the NPO interim board meeting with Sue Buske on March 5
for a day -long session was held. The next NPO interim board meeting will be held
7:00 p.m., March 14 at the Iowa City Public Library Meeting Room C.
SHORT PUBLIC ANNOUNCEMENT:
Dan Daly expressed his appreciation for the trust placed in the NPO interim
board members by the BTC Commissioners. Although Daly expressed a desire for
G1o6
Broadband Telecommunications Commission
March 8, 1989
Page 2
a clarification of NPO goals from the BTC's perspective in order to eliminate
different interpretations among the Board members.
HERITAGE REPORT:
Blough reported Heritage has begun monitoring and repairing signal leakage with
cable subscribers in this area. This has been a major concern of the FCC and
Heritage Cablevision. Blough also announced that Syndex will go into effect
December 31, 1989. What this means is that local programmers will be able to
purchase exclusive rights to syndicated programming. For example, KCRG could
buy exclusive rights to Andy Griffith. If Griffith is scheduled on WGN at the
same time, Heritage would have to block out Griffith on that channel, causing
dead air time. Returning to the subject of signal leakage, Blough stated that
a leak of 20 microvolts is the minimum measurable amount. If greater than 20
microvolts, it becomes a problem. The major concern behind signal leakage is
that many signals carried by the aviation band use the same frequency as cable,
creating the possibility of jamming the air pilots' signals.
CPC REPORT:
Hess distributed copies of promotions that appeared in the Iowa City Press -
Citizen concerning Channel 26, noting that the Iowa City Press -Citizen has
recently shown more interest in public access. Hess also distributed copies of
CPC packets sent to the NPO interim board on CPC policies and operations.
BTS REPORT:
Shaffer reported two complaints this month, both in reference to rate increases.
He announced the addition of Dan Welch, NPO part-time staff person to the City
cable staff. Don Bailey has gone to full-time and the City of Iowa City is
purchasing a computer to replace the broken character generator on Channel 29,
the Government Access Channel. In reference to Dan Daly's question concerning
the goal of the NPO, Dan Welch and Shaffer have prepared a packet for the NPO
interim board which includes minutes of the last six months from the BTC and City
Council pertaining specifically to the NPO and their purpose. The City has been
planning the wiring for the new building construction which will hopefully
include new cable outlets. Detroit complimented Shaffer for hiring Dan Welch,
expressing her belief that he is well qualified for the position.
NPO INTERIM BOARD DISCUSSION:
Detroit brought up a question that was raised during the NPO interim board
meeting. The question concerned the BTC's expectations of the NPO interim
board's responsibilities with regard to appointing or electing a permanent board,
the timing of the transfer, and the hiring of an executive director. Detroit's
interpretation was that the management transfer would take place at the same time
as the dissolution of the current board. The permanent board would replace the
interim board and hire an Executive Director. All Commissioners agreed that the
task for the interim board is to draft bylaws, write articles of incorporation,
and to facilitate the establishment of a permanent board. Evanson stated her
understanding of their task as the NPO interim board was similar to the BTC
Commissioners' interpretation.
GGG
Broadband Telecommunications Commission
March 8, 1989
Page 3
ELECTION OF BTC CHAIR AND VICE CHAIR:
Floor opened for nominations for the positions of Chair and Vice Chair.
Nominations are as follows: Justis for Chair and Stevens for Vice Chair. Motion
made by Hall to accept the nominations of Justis as Chair and Stevens as Vice
Chair. Seconded by Patton. Unanimously approved.
BTC PRIORITIES:
The following discussion concerned the BTC's pending items list on the agenda
as well as their own interests and priorities.
1. Performance Standards (a reporting document and procedure for the Community
Programming Center or CPC) - In the past, the performance standards have
been a document negotiated by the BTC and the CPC. In consideration of
the future change in management to the new NPO, performance standards
concerns will transfer to the new NPO management. The BTC will still be
involved in overseeing these standards.
2. Interactive Video and Institutional Network - All Commissioners felt a need
for further information on interactive video in order to understand
possible future directions and goals. Shaffer agreed to contact Nick
Johnson to aid in educating the Commissioners. Interactive video will be
added to next month's agenda.
3. Cable Company Audit - The City of Iowa City has budgeted in FY90 a
financial audit of the cable company. A technical audit was not budgeted.
The cable company has been actively involved in upgrading the technical
quality of the cable system. The Commission agreed to remove the technical
audit from the pending list and add Hall's technical report to next month's
agenda.
Detroit suggested adding to the pending list a review of all cablecasting
policies and guidelines of all the access channels and the preparation of a
publication for all cable subscribers concerning the access channels. Detroit
felt this would be a way to review whether some of these policies are valid or
not. Discussion began on the policies of the school/Kirkwood access channel 27.
Detroit suggested that the Iowa City schools become more aware of this channel's
potential. It was agreed upon by all Commissioners to add this to pending items
on the agenda.
ADJOURNMENT:
Moved by Patton, seconded by Detroit, to adjourn. Unanimously approved.
Adjourned at 6:50 p.m.
Respectfully submitted,
Drew affer
MINUTES
CIVIL SERVICE COMMISSION
MARCH 30, 1989
IOWA CITY RECREATION CENTER
MEMBERS PRESENT: Kennedy, Buxton, Louis
MEMBERS ABSENT: None
STAFF PRESENT: Donner, Halling, Steinbach
GUESTS PRESENT: Nancy Fiori, Dick Craig
RECOMMENDATIONS TO CITY COUNCIL:
None.
RECOMMENDATIONS TO CITY MANAGER AND STAFF:
Staff was Instructed to coordinate an assessment center for the promotional position of Fire
Captain.
SUMMARY OF RELEVANT DISCUSSION:
Commissioners indicated they had read the memo from Steinbach and Halling recommending
the use of an assessment center for the position of Fire Captain. Donner explained his
preference for the use of an assessment center as a tool to Identify the strengths and
weaknesses of the candidates. Commissioners expressed their satisfaction with the
assessment process which has been used for previous promotional lists. Based on the
requirements for the position, it was noted that six people would be eligible for certification and
It was recommended that only those employees eligible for certification be allowed to
participate. Kennedy moved and Louis seconded that an assessment center be utilized to
develop a certified list for the position of Fire Captain. Motion carried unanimously.
Firefighter Dick Craig requested that all persons on the certified list for the position of
Lieutenant also be allowed to participate in the assessment center, Steinbach and Donner
explained that under the Civil Service Code, individuals who are certified on a promotional list
are considered eligible for hire, I.e. they meet all of the requirements for the position at the time
of certification. Because one of the requirements for the position of Captain is to have served
as a Lieutenant for one year, even if promoted immediately, none of the firefighters on the
Lieutenant's list could meet that requirement by the time the list was certified and, therefore,
could not be certified. The cost, both in terms of time and money, makes it prohibitive to test
people who cannot meet the requirements to be certified.
Steinbach indicated that only one name remains on the certified list for the position of entry
level police officer. Because the testing took place and the list was certified about two years
ago, Steinbach suggested that it was time to test again and asked Commissioners if staff
should prepare a specific recommendation for an entry level test. Commissioners agreed that
because the advertising and testing procedure were so lengthy that staff begin the testing
process by preparing a specific recommendation. Commissioners also requested that
Interviews not be scheduled for the months of June and August.
Buxton moved and Kennedy seconded that the meeting adjourn at 2:25 PM. Motion carried
unanimously.