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HomeMy WebLinkAbout1989-08-22 Bd Comm. MinutesMINUTES IOWA CITY BOARD OF ADJUSTMENT JULY 18, 1989 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Galer, Johnson, Pelton, Winegarden MEMBERS ABSENT: Messier PREil;�iNARY Subject to Ajl�fpya� STAFF PRESENT: Rockwell, Neff OTHERS PRESENT: Joan VandenBerg, Barbara Fick, Elizabeth Stratton, Judy Smith, Walter Wynes CALL TO ORDER: Winegarden called the meeting to order at 4:58 p.m. ROLL CALL AND INTRODUCTION OF NEW MEMBERS: Roll tail was taken and new members, Geier and Johnson, were introduced by Winegarden. ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON: MOTION: Pelton nominated Winegarden for Chairperson. Galer seconded, The motion Passed unanimously by a 4-0 vote. MOTION: Winegarden nominated Messier for Vice -Chairperson. Johnson seconded. The _motion passed unanimously by a 4.0 vote. CONSIDERATION OF THE MINUTES OF JUNE 14,1989: Winegarden moved to approve the June 14, 1989, Board of Adjustment minutes. Pelton seconded. The motion passed unanimously by a 4-0 vote. SPECIAL EXCEPTION ITEMS. 1. SE -8904. - Public hearing on a request submitted by the City of Iowa City on behalf of Neighborhood Centers of Johnson County for special exceptions to establish a neighborhood center use and to modify off-street parking requirements in an RM -12 zone for property located at 2105 Broadway Street. Rockwell reviewed the staff report dated July 18, 1989. Staff recommended approval of the special exception request to permit establishment of a neighborhood center subject to compliance with all City ordinances and planting plans presented with the application. Staff recommended approval be conditioned on providing a berm and sufficient vegetative screening to buffer the neighborhood center from the residences to the south. Staff recommended that the special exception request to modify the off- street parking requirements from 12 to 10 spaces be denied. /3Ss II li p i is 1 I� �1< Board of Adjustment July 18, 1989 Page 2 Rockwell informed the Board that she had received only one call regarding this special exception. The manager of Broadway Condominiums called with questions and expressed his support in favor of the neighborhood center. PUBLIC DISCUSSION: quail voiiuc/iociu uirecror or Neicnoorn000 centers of Johnson County, expressed to the Board the broad community support for the project on Broadway Street. She indicated that the need for the neighborhood center had been established. She stated her belief that 80% of the clients would be walking to the center, and felt that justified the modification of the off-street parking requirement. She stated that staff for the center are primarily part-time and will not all be present at the center at a given time. In response to questions.from Winegarden, VandenBerg stated that most of the programs directed towards adults will be scheduled for the evening when the facility is not being used for Headstart and that two additional parking spaces would cost approximately $1,500 each. Pelton asked what the basis was for expectations regarding participation. VandenBerg responded that the participation rate without the building has been high and expects this to continue, and in fact expand, after the facility has been constructed. Barbara Fick. manager of Cedarwood Apartments, expressed to the Board the positive changes she had seen in the residents of Cedarwood Apartments in the past year of interactions with the neighborhood center staff. These changes include Increases in self-esteem and decreases in domestic violence and child abuse. In response to a question from Johnson, Fick stated that the management of Cedarwood Apartments does not provide Intervention programs for the children or their parents. BOARD DISCUSSION: Winegarden stated that he agreed that the need for the neighborhood center existed, but he expressed doubts about the need for the parking modifications. Rockwell responded to a question from Pelton that staff was satisfied that the vegetative screening shown on the site plan would be sufficient to buffer the center from the residences to the south. MOTION:. Pelton moved to approve SE -8904A, a request submitted by the City of Iowa City on behalf of Neighborhood Centers of Johnson County for a special exception to establish a neighborhood center use In an RM -12 zone for property located at 2105 Broadway Street, subject to compliance with all City ordinances and conditioned on providing a berm and vegetative screening as shown on the submitted she plan dated July 10, 1989. Winegarden seconded. The motion was approved by a 3-0-1 vote. Geler abstaining. i is I f is it�. 1 Board of Adjustment July 18, 1989 Page 3 MOTION: Pelton moved to approve 5E -8904B, a request submitted by the City of Iowa City on behalf of Neighborhood Centers of Johnson County for a special exception to modify off-street parking requirements from 12 spaces to 10 spaces for property located at 2105 Broadway Street. Winegarden seconded. The motion was denied by a 0.3.1 vote. Geier abstaining. 2. SE -8905. Public hearing on a request submitted by Deborah Wilson to rescind a special exception approval of a childcare facility use in an RS -5 zone for property located at 802 Wylde Green Road. Rockwell informed the Board that the approval of 5E-8905 was granted at the June 14, 1989, Board of Adjustment meeting, In response to a question by Patton, Rockwell stated that Wilson requested that the Board rescind the approval because of the degree of neighborhood opposition. The neighbors were primarily concerned with increased traffic. The neighbors had Informed Wilson they would pursue legal action unless Wilson requested that the Board rescind its approval. Information on the appeal process had been requested by Dr. Sharma, John Stratton, and Jamie Goedken. A neighborhood meeting had been held at the Stratton household and was attended by representatives from eight families. There had been agreement to take legal action if Wilson proceeded to establish the childcare facility. j Pelton indicated he was not comfortable with the idea of rescinding an approved special exception. He felt it would establish a bad precedent for making a decision based on Intimidation by neighboring property owners. In response to a question by Galer, Rockwell stated that July 15, 1989, was the deadline for the neighbors to file an appeal with the District Court. Winegarden stated he was opposed to rescinding the decision on philosophical grounds, but as it was the applicant's request, it should be granted. PUBLIC DISCUSSION: Elizabeth Stratton, 815 Wvlde Green Road, stated she had received only five days notice of the June 14, 1989, meeting. Rockwell indicated that notice had appeared In the local newspaper two weeks prior to the meeting and letters had been mailed early in the week before the June 14, 1989, meeting. Rockwell also clarified at Winegarden's request that a notice sign had been placed In the applicant's yard. Judy Smith, 819 Wvlde Green Road, explained that the neighbors had not been aware of the implicationsof the request and how many children would be permitted in the childcare facility prior to the June 14, 1989, Board of Adjustment meeting. Pelton stated that the special exception would expire if, after six months, the applicant does not take action to implement the approved use. Pelton Indicated it was his desire to let the Board's decision stand and felt Wilson had made an obvious good faith effort to have the action rescinded. Smith expressed her preference to have the issue resolved to allow the neighbors a guarantee that the chlldcare facility use could not be implemented. /385 Board of Adjustment July 18, 1989 Page 4 MOTION: Winegarden moved to rescind SE -8905, a special exception approval of a childcare facility use in an RS -5 zone for property located at 802 Wylde Green Road. Galer seconded. The motion to rescind was denied by a 2-2 vote. Geier and Pelton voting in the negative. 3. SE -8907, Public hearing on a request submitted by Iowa-Illinols Gas and Electric Company to permit the expansion of a utility use for property located in an 1-1 zone at 2200 Heinz Road. Rockwell reviewed the staff report dated July 18, 1989. Staff recommended that the request to permit the construction and future expansion of an electrical substation for property located at 2200 Heinz Road be approv^d with the conditions that 1) screening of pyramidal arbor vitae be provided along the north boundary of the north side of the 20400t City force main easement, and 2) the City review the technical feasibility of undergrounding the 161 W transmission lines prior to substation expansion in the future. Rockwell stated she had received no calls regarding the request for a special exception. PUBLIC DISCUSSION: Walter Wvnes, Iowa -Illinois Gas and Electric Company, indicated Iowa -Illinois' acceptance of the staffs recommendations. He stated that the proposed substation is a low -profile substation without much obtrusion on the horizon as most of the equipment will be under 15 feet tall. He expressed his belief that comparatively speaking other structures in the industrial zone would dwarf the substation. He stated that at the present time the cost of undergrounding the 161 W transmission lines is 15 to 1 compared with above -ground installation. Johnson stated her reluctance to impose additional costs that will Increase the burden borne by users of the utility. She indicated that this is an industrial zone, there should not be what she views an undue concern with aesthetics. Rockwell responded to a question from Winegarden that all industrial uses that abut or are across a railroad right-of-way from residential zones are required to provide screening. BOARD DISCUSSION: Winegarden indicated he agreed with staffs recommendation for the vegetatvie screening as it was also required of other industrial uses. MOTION: Winegaiden moved to approve a request submitted by Iowa -Illinois Gas and Electric Company to permit the expansion of a utility use for property located In an 1-1 zone at 2200 Heinz Road with the conditions that 1) screening of pyramidal arbor vitae be provided along the north boundary of the north side of the 20 -foot City force main easement, and 2) the City review the technical feasibility of undergrounding the 161 W transmission lines prior to substation expansion in the future. Geier seconded. The motion was approved by a 3.0.1 vote. Pelton abstaining. I � i. Board of Adjustment July 18, 1989 Page 5 REVIEW AND APPROVAL OF FY89 ANNUAL REPORT: Rockwell staled the Board members should have received copies of the FY89 Annual Report. She stated the report followed the format used for the past several years. MOTION: Winegarden made a motion to approve the Iowa City Board of Adjustment FY89 Annual Report as presented. Pelton seconded. The motion passed unanimously by a 4.0 vote. PROCEDURAL RULES: Rockwell distributed copies of the Board of Adjustment Procedural Rules. She stated that the First Assistant City Attorney Linda Gentry would like to see findings of fact and conclusions of law included in the Board's decisions which are filed with the City Clerk. She Indicated it has also been requested that the Chairperson sign the decisions. Pelton stated the standards are discussed in the staff reports. Winegarden stated the Board could discuss this with Gentry at the next Board of Adjustment meeting. Rockwell stated that in late summer or early fall a meeting could be scheduled for the Board could go over the procedural rules and possibly update these with Gentry. ADJOURNMENT: Winegarden moved and Galer seconded the motion to adjourn the meeting at 6:16 p.m. Motion carried by acclamation. Minutes submitted by Mary Jo Neff. Chairperson Melo •ockwe (*Secretary I � i. Board of Adjustment July 18, 1989 Page 5 REVIEW AND APPROVAL OF FY89 ANNUAL REPORT: Rockwell staled the Board members should have received copies of the FY89 Annual Report. She stated the report followed the format used for the past several years. MOTION: Winegarden made a motion to approve the Iowa City Board of Adjustment FY89 Annual Report as presented. Pelton seconded. The motion passed unanimously by a 4.0 vote. PROCEDURAL RULES: Rockwell distributed copies of the Board of Adjustment Procedural Rules. She stated that the First Assistant City Attorney Linda Gentry would like to see findings of fact and conclusions of law included in the Board's decisions which are filed with the City Clerk. She Indicated it has also been requested that the Chairperson sign the decisions. Pelton stated the standards are discussed in the staff reports. Winegarden stated the Board could discuss this with Gentry at the next Board of Adjustment meeting. Rockwell stated that in late summer or early fall a meeting could be scheduled for the Board could go over the procedural rules and possibly update these with Gentry. ADJOURNMENT: Winegarden moved and Galer seconded the motion to adjourn the meeting at 6:16 p.m. Motion carried by acclamation. Minutes submitted by Mary Jo Neff. Chairperson Melo •ockwe (*Secretary ' I l` MINUTES IOWA CITY RIVERFRONT COMMISSION JULY 19, 1989 - 5:30 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: CALL TO ORDER: Bruner, Buckley, Horton, Jones, O'Brien, Rebal, Stroh, Willis, Wachal Hesse Rockwell, Meyering Doug Boothroy, Dick Frantz, Don Schmeiser, Matt Pollard, Chris Swanson Chairperson Wachal called the meeting to order at 5:30 p.m. REVIEW AND APPROVAL OF MAY 24, 1989 AND JUNE 21 1989 MINUTES: MOTION: Horton moved to approve the May 24, 1989 and June 21, 1989, minutes: Bruner seconded. The minutes were unanimously approved. REVIEW AND APPROVAL OF FY89 ANNUAL REPORT: Rockwell passed out the draft of the FY89 Annual Report to members. MOTION: Stroh moved to approve the FY89 Annual Report. Jones seconded. The motion carried unanimously, Wachal Introduced City officials Boothroy, Frantz and Schmeiser, and initiated the discussion stating that the Intent of the Commission concerning the enforcement of regulations was to look at ways to cooperate. Frantz stressed that the Department of Housing and Inspection Services (HIS) follows the procedures set by the Ordinance for floodplain management and the River Corridor Overlay Zone. He passed around a sample application for a Floodplain Development Permit, and noted that of the recent applications, few are within the 30400t setback area. Rockwell asked for an interpretation concerning whether or not fill is permitted in the 30 -foot setback area noting that there is some confusion over the definition of development. Boothroy responded that fill is a permitted activity, and referred to the definition of setback in the City Zoning Ordinance, which would not permit a building or structure in the 30 -foot horizontal setback area, but would allow fill. Jones asked if enforcement would be easier if items were better defined in the Ordinance. Frantz responded that there has been little trouble with enforcing the Ordinance as it is written. i it .Ii I; 1 • .L _ J Riverfront Commission July 19, 1989 Page 2 Boothroy pointed out that the difficult part of enforcing regulations Is dealing with matters after a regulation has been violated. In response to Jones' inquiry as to what the City does in such a matter, Boothroy responded that the standard procedure is to go to Magistrate Court if the problem is not resolved voluntarily by the property owner. Buckley inquired whether HIS usually waits for a complaint from the public or goes out in the field to find violations, Frantz responded that staff from HIS spends a great deal of time in the field, but appreciates calls from the public. Boothroy concluded by suggesting that if Commission members have any questions in the future, HIS staff would be pleased to meet with the Commission again. DISCUSSION OF COMMUNITY DEVELOPMENT PLAN 1990.92: Wachal expressed approval for the plan, noting that there were numerous references to river and creek -related matters. Stroh was unsure that CDBG funds could be spent on recreational trail improvements. MOTION: O'Brien moved that the Riverfront Commission endorse the Community Development Plan particularly the elements relating to river and creek improvements, and recommend that the Plan Include a provision on creating recreational trails along local waterways to increase public access and recreational opportunities. Bruner seconded. The motion carried unanimously. COMMISSIONERS' REPORT: O'Brien reported that he and Willis went to Hawkeye Ready Mix in Coralville to discuss with the management the possibility of creating a trail near the plant, and found that it may be difficult because the power company's equipment blocks the way. Jones suggested asking the power company to move Its fence back 15 feet to allow more room for the trail. O'Brien also reported that the weeds around the benches along Rocky Shore Drive have grown too high and prevent people from using the benches. Rockwell stated that Project GREEN has been responsible for maintaining the area on a voluntary basis. Wachal suggested that O'Brien call Emilie Rubright, Project GREEN Co -Chairperson, on the matter. DISCUSSION OF PROPOSAL FOR AUGUST 6 1989 RIVER CELEBRATION: The question of approval for the use of University property for the celebration was brought up by Stroh, and Pollard responded that they had decided against using University property. Rockwell stated that permits from the Parks and Recreation Department and the Iowa Department of Natural Resources would be required, as well as liability insurance for the proposed river event. Rockwell questioned the feasibility of pulling a raft with live bands from Crandic Park to City Park. Pollard stated that this Idea had been rejected. Wachal concluded by stating that the Riverfront Commission would have no objection to Pollard and Swanson holding the event if they fulfilled the permit and Insurance requirements needed for the river celebration, j, II r - ADJOURNMENT: The meeting was adjourned at 6:04 p.m. Minutes submitted by Mary Anne Meyedng. i i i , i r 1 , i i i i , r 1 i I i i i 1 , i i 1 1� 2 i i /386 . i MINUTES IOWA CiTY AIRPORT COMMISSION TUESDAY, JULY 11, 1989 - 7:30 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Hicks, Lewis, Ockenfels MEMBERS ABSENT: Blum, Foster STAFF PRESENT: O'Neil, Sueppel, Neff i GUESTS PRESENT: Carl Byers and Gilbert Janes of H.R. Green CALL TO ORDER: Acting Chair Ockenfels called the meeting to order at 7:35 p.m. and it was determined that a quorum of the Commission was present. OPEN PUBLIC HEARING ON BIDS AND SPECIFICATIONS FOR AIP PROJECT #03-19-0047- 01: No one objected or questioned the project specifications. CLOSED PUBLIC HEARING: Ockenfels closed the public hearing on bids and specifications for AIP Project #03.19-0047- 01. APPROVAL OF MINUTES OF JUNE 20 1989, AND JUNE 22,1989: As there were no corrections to be made to the minutes of the June 20, 1989, and June 22, 1989, Iowa City Airport Commission meetings, the minutes were approved as written. AUTHORIZATION FOR PAYMENT OF EXPENDITURES: The list of bills was presented by O'Neil. Hicks moved to approve the bills as presented. Lewis seconded. The motion carried unanimously. ITEMS FOR DISCUSSION: A. AIP Prosect #03.19-0047-01. Bid Opening and Discussion - Janes explained to the Commission that he had contacted Alice Harris, Human Rights Specialist for the City of Iowa City, regarding Minority and Women Business Enterprises. He stated that there Is a need for each bidder to follow proper procedure and demonstrate a good faith effort to reach the FAA goal of 10% for minority contractors. Janes verified that the bids all Included the appropriate Information regarding MBE/WBE. Janes said Streb Construction had withdrawn Its bid before the scheduled opening as allowed in the specifications, The three remaining bidders all acknowledged having received Addendum #1. /3Ay i ? ;I II i Iowa City Airport Commission July 11, 1989 Page 2 Iowa Erosion Control. Inc. of Victor. Iowa - Janes verified that the M/WBE information was included. A bid bond of five percent of the amount bid was Included and appeared to be properly signed and executed. Acknowledgement of the receipt of Addendum #1 was also included. The amount for item #8 of the base bid, the total for lines 1 through 7, was $358,156.25. The amount for item #3 of the alternate was $42,125.00. Cedar Falls Construction Company of Cedar Falls. Iowa - Janes verified that the M/WBE Information was included. A bid bond of five percent of the amount bid was included and appeared to be properly signed and executed. Acknowledgement of the receipt of Addendum #1 was also included. The amount for item #8 of the base bid, the total for lines 1 through 7, was $410,440.00. The amount for item #3 of the alternate was $42,750.00. Cedar Valley Corporation of Waterloo. Iowa - Janes verified that the M/WBE Information was included. A bid bond of five percent of the amount bid was included and appeared to be properly signed and executed. Acknowledgement of the receipt of Addendum #1 was also included. The amount for Hem #8 of the base bid, the total for lines 1 through 7, was $469,068.75. The amount for item #3 of the alternate was $46,212.60. Janes announced that Iowa Erosion Control, Inc. of Victor, Iowa, was the low bidder. He presented the amounts for each item of this bid and these were as follows: Base Bid - (1) 7,950 square yards of full depth repair patches - $273,480.00, (2) 330 stations at $100.00 per station - $33,000.00, (3) 725 square yards of type B surface overlay at $8.45 per square yard - $6,126.25, (4) one new Intake - $750.00, (5) 6 intake adjustments at $550.00 each - $3,300.00, (6) 1,100 tons of granular sub -base at $15.00 per ton - $16,500.00, (7) miscellaneous Hems - $25,000.00, (8) Base Bid total of items 1 through 7 - $356,156.25, Alternate #1 - (1) 1,000 square yards of full depth repair patches at $40.00 per square yard - $40,000.00, (2) 125 tons of granular sub -base at $17.00 per ton - $2,125.00,(3) Alternate bid total of Hems 1 through 2 - $42,125.00. Janes thanked all bidders for the submission of bids and stated the Commission will be taking these under advisement. There were no questions from the bidders and they lett at this time. B. Lease - Iowa City Community Schools - O'Neil informed the Commission that the Iowa City Community School District leases .9 acres of land for storage. The agreement consists of 20 one-year leases. Hicks moved to approve the lease for 1989.1990 as stated. Lewis seconded and the vote carried unanimously. C. Sertoma Flavin Breakfast and Aimort Open House - O'Neil stated he could possibly provide literature, posters, and a videotape on general aviation for the event to be held on August 27, 1989. Ockenfels explained that in the past, this has been a pancake breakfast fund-raiser for the Sertoma Club. The Commission would like to expand H to Include more aviation Information. O'Neil said he will explore the option of having a drawing for Introductory flight lessons Instead of just offering free rides. 1.397 I 1 Iowa City Airport Commission July 11, 1g89 Page 3 D. FAA Master Lease - Supplement #2. Installation of Remote Frequency - O'Neif informed the Commission that the FAA leases the ground where they have Installed equipment. The FAA will be Installing a remote frequency (RCO) at the Iowa City Airport which will be housed in a new precast building. The FAA will pay for the Installation and will move all the equipment from the hangar they currently utilize. The lease includes a legal description of the land. Lewis moved to approve the lease. Hicks seconded and the motion carried unanimously. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: Discussion took place regarding the runway repair. Janes stated the project should take 60 working days and O'Neil stated there will be a November 3, 1989, deadline on the work. O'Neil stated that the Commission needs to establish a unit price and method of distribution for its airport history book. Janes expressed his concern regarding the high bids for the AIP Project. All bids were over the $260,000.00 target and Janes stated the bidding climate needs to be considered. Janes stated there were three options: (1) The Commission could choose to scale back the project, (2) there could be an attempt to get greater uniformity in the size of the panels being replaced, and (3) the project could be re -let at a time when the bidding climate is better. Janes provided an update to the Commission on the appraisals for the aviation easements. The review appraiser has allowed $40,300.00 for all parcels with the exception of the bowling alley. The review states that the Zoning Ordinance currently restricts use of the properties Involved. Janes is hopeful that the review appraiser will be able to discuss the appraisals with the original appraiser. The Dane condemnation appeal is scheduled for August 7 through 9, 1989. It will be a jury trial. Janes stated he might be able to give a deposition, although he will be unable to testify in person. ADJOURNMENT: Lewis moved to adjourn the formal meeting at 8:31 p.m. Hicks seconded and the motion carried unanimously. Minutes submitted by Mary Jo Neff. Richard Blum, Chair MINUTES IOWA CITY AIRPORT COMMISSION - INFORMAL MEETING TUESDAY, JULY 11, 1989 IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Lewis, Ockenfels MEMBERS ABSENT: Blum, Foster, Hicks STAFF PRESENT: O'Neil, Sueppel, Neff GUESTS PRESENT: Carl Byers and Gilbert Janes of H.P. Green This meeting was an informal, Informational meeting that followed the formal Iowa City Airport Commission meeting. O'Neil stated he will contact the FAA regarding the high bids. The FAA's reaction is needed. Janes said the project could be scaled back by changing the size of the panels to be removed. O'Neil suggested the option of deleting the rehabilitation work on the intersection of 17/35 and 08/24. Lewis said the Commission will need to review all its options. Janes said it is possible to after the specifications somewhat for negotiaflon with the low bidder to reduce the cost. This can be done as long as gross changes are not made that would conflict with the original proposal. Minutes submitted by Mary Jo Neff /38� i , i i U , I, I, 3 j a MINUTES IOWA CITY PLANNING AND ZONING COMMISSION AUGUST 3, 1989 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cooper, Hebert, Scott, Wallace MEMBERS ABSENT: Cook, Dierks STAFF PRESENT: Moen, Neff CALL TO ORDER: DRAFT Secretary Cooper called the meeting to order at 7:39 p.m. RECOMMENDATIONS TO COUNCIL: 1. Recommend approval of the amendment to Section 36.65(a)(4) to the Zoning Ordinance to permit fences up to six (6) feet In height within a front yard abutting an arterial street In certain circumstances. 2. Recommend that Council direct the City Legal Department to complete the necessary work on the vision triangle Issue as it affects the fence ordinance. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CONSIDERATION OF THE MINUTES OF THE JULY 20 1989 MEETING: Wallace moved to adopt the minutes as presented. Clark seconded. The motion carried 4-0. ZONING ITEMS: 1. Z-8908. Public discussion of an application submitted by Delta Construction Company to rezone an 8.11 acre tract generally located south of Ventura Avenue and north of Bjaysvilte Lane on North Dubuque Street (Old Highway 218) from PDH -12 to RS -12 to permit the future subdivision of the tract for a conventional single-family residential development. (45 -day limitation period: August 28, 1989.) Moen reviewed the staff report dated August 3, 1989. Staff recommended that the request to rezone the 8.11 acre Meadow Ridge tract from PDH -12 to RS -12 be denied but recommends instead that the tract be rezoned from PDH -12 to RS -8. Moen stated that, at the July 31, 1989, informal Planning and Zoning Commission meeting, several members of the Commission had expressed their concern regarding the area's environmental fragility and the possibility of a higher density development than the one currently being proposed by Delta Construction Company. Members have requested that staff investigate the possibilities of the RS -5 zone or another PDH zone as alternatives to the RS -8 zone, i I ii �I l ■ ■ Planning and Zoning Commission August 3, 1989 Page 2 Moen stated that the City does not have the ability to impose the PDH zone designation at this time. She indicated that staff originally recommended the RS -8 zone due to staff's belief that there were duplexes in the Ventura/Tanglewood area north of the subject tract. This would be a non -conforming use in an RS -5 zone. Further investiga- tion has demonstrated that there are no duplexes in the area. The RS -5 zone, there- fore, is an alternative to RS -8, although a few of the lots proposed in the Meadow Ridge development are under the 8,000 square foot minimum lot size requirement of the RS - 5 zone. The subdivision plat proposed by the developer conforms, however, with the special provisions of the RS -5 zone which permit tots less than 8,000 square feet in lot area under certain circumstances. Moen stated that the Commission could en- courage Mr. Phipps of Delta Construction Company to consider a PDH, but he would then be required to provide information regarding proposed structures, elevations and designs of structures and a landscaping plan. She stated her belief that Mr. Phipps prefers more latitude to allow individual single-family units. (Scott arrived at 7:48 p.m.) Wallace asked Moen to clarity staff's revised recommendation. Moen responded that the formal recommendation is for an RS -8 zone, but staff would support an RS -5 zone. Clark asked Moen which type of zone would be the most environmentally sound for the entire area, Moen responded that traditionally it is assumed that a PDH zone is more environmentally sound for the particular tract because it allows for the clustering of structures on the most developable land and allows the preservation of the environmen- tally sensitive land within the tract. Moen also responded to a question from Clark that the environmental regulations are currently being drafted and should be presented to the Planning and Zoning Commis- sion for consideration in September. Moen stated that the option of Imposing PDH overlay zones on certain areas Is not on the Commission's Immediate agenda and environmental regulations have the highest priority. Clark indicated he believes the two issues are strongly related to one another. Scott stated that the issue of imposing PDH overlay zones may become a method of implementing the environmental regulations and thus, may Increase the priority ranking of the PDH overlay zone. Public discussion was opened at 7:55 p.m. Scott opened the discussion by explaining that a vote would not be taken on this issue at this meeting and that a second public hearing would take place on August 17, 1989. Harold Spencer, 2000 N. Dubuque Street, stated he lives on the property immediately west of the Meadow Ridge property. He expressed his concern that there be an orderly manner of development at the location. He Indicated that the high density that could occur in an RS -8 zone also concerns him. Public discussion closed at 7:59 p.m. Wallace moved to defer the vote on Z-8908 until August 17, 1989. Hebert seconded. :: ii I �I I! ; II Planning and Zoning Commission August 3, 1989 Page 3 Scott explained to the public that discussion at the informal meeting of July 31, 1989, had demonstrated that the Commission Is struggling with the appropriate zoning designation for the Meadow Ridge tract. The high density of development allowed in the RS -8 zone is an Issue of concern. He staled that the planned development (PDH) process forces the property owner to go back through the approval process if any major deviations are made to the original plan. He indicated that it appears that Mr. Phipps is willing to work with the Commission. Wallace thanked staff for investigating the possibility of an RS -5 zone for this parcel. The knowledge that Mr. Phipps' plan could be allowed in an RS -5 zone encourages her to urge the Commissioners to approve an RS -5 zoning designation for the Meadow Ridge tract. Motion carried unanimously, 5-0. 2. Public discussion of a proposed amendment to Section 36.65(a)(4) of the Zoning Ordinance to permit fences up to six (6) feet in height within a front yard abutting an arterial street in certain circumstances. Moen reviewed a memorandum from Karin Franklin, dated July 28, 1989. Staff recom- mended that an amendment to Section 36-65(a)(4) to provide for fences in the required front yard along arterial streets under certain circumstances be approved. Wallace asked Moen how the regulations would affect backyards abutting arterial streets. Moen explained that, for double frontage lots, six-foot high fences would be allowed in the yards abutting arterial streets. Clark indicated that the language of the amendment and the definition of a front yard caused a misinterpretation on his part. Scott suggested that approval of the amend- ment be subject to adoption of the ordinance regarding vision triangles. Moen stated the vision triangle issue is still being considered by the City Legal Department. The Legal Department's concern is the consistency of the vision triangle language as it appears in other City ordinances. Public discussion was opened at 8:24 p.m. Greg Muilenburg, 1547 Tracy Lane, stated his property has frontage on both Tracy Lane and Sycamore Street. He stated that traffic Is his concern and indicated he believes that problems associated with driveways on double frontage lots if six foot fences are allowed would not be a significant problem since driveway access onto an arterial street Is generally prohibited on a double frontage lot, Public discussion was closed at 8:28 p.m. Hebert moved to adopt the amendment to Section 36-65(x)(4) of the Zoning Ordinance to permit fences up to six (6) feet In height within a front yard abutting an arterial street in certain circumstances. Wallace seconded. 3 Planning and Zoning Commission August 3, 1989 Page 4 Scott stated he would prefer to wait to adopt the amendment until after the vision triangle Issue is resolved, however, feels this would be unfair to those affected by the present fence ordinance language. Wallace indicated her support of the amendment. Clark stated his belief that all fences should be permitted as long as they do not infringe on the safety of the public. The motion carried unanimously, 5-0. Clark moved to request that Council direct the City Legal Department to complete the necessary work on the vision triangle issue as it affects the fence ordinance. Wallace seconded. The Chair Indicated his displeasure that this Item was held up In Legal. He said the delay was Inexcusable and action was long overdue. The motion carried unanimously. OTHER BUSINESS: 1. Planning & Zoning Commission Information - Scott expressed his intent to forward a letter to Sign Tech and Mid-America Securities to inform them that they should request Council consideration of the request to amend the sign ordinance to allow movable copy stock indicator signs. Scott acknowledged the receipt and filing of a letter dated July 21, 1989, from Joe Holland of Hayek, Hayek, Hayek, and Holland, on behalf of Holland's client, Jim Clark. Scott announced a vacancy exists on the Planning and Zoning Commission for Wallace's unexpired term which expires May 1, 1993. He expressed his thanks to Wallace for her service on the Commission. Moen distributed copies of HUD information regarding affordable housing to the Commission. The Information is Intended to encourage communities to participate in providing affordable housing. Local legislation may be drafted in the future regarding this Issue and Moen encouraged the Commission to become familiar with the topic. Moen suggested that the Commission discuss the issue with CDBG staff, Marianne Milkman and Mary Nugent. Clark indicated his desire to speak to those in need of affordable housing, Hebert expressed that there is often a problem with what people want in housing and what is actually affordable. Clark moved to adjourn at 8:35 p.m. Cooper seconded. The motion carried unanimously, 5.0. Minutes submitted by Mary"Jo Neff. Kenneth Cooper, Secretary i. ' MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING JULY 27, 1989 4:00 PM - ADMINISTRATIVE CONFERENCE ROOM MEMBERS PRESENT: Cox, Gelman, Hobart, Moyers, Reed, Stein, Swaim MEMBERS ABSENT: Buchanan, Pacha STAFF PRESENT: Eggers, Craig, Jehle, Sales, Penick OTHERS PRESENT; Heidi Lauritzen and Alison Galstad - Library Science students i CALL TO ORDER: President Gelman called the meeting to order at 4:10 PM. i APPROVAL OF MINUTES AND DISBURSEMENTS: Minutes of the regular meeting of June 22, 1989, were approved with one correction: Next Meeting notice - corrected to indicate that July 27 would be the next regular meeting of the Library Board of Trustees. Reed/Moyers. Disbursements for June, 1989 were approved. Stein/Hobart DIRECTOR'S REPORT: 1. The library ended the fiscal year with a nearly $20,000 balance unexpectedly due to a miscommunication regarding the 27 payrolls during FY89. The Director is asking that a portion of the amount ($16,800) be carried over to make the final payment on the computer upgrade. 2. The Foundation's Centennial Endowment Fund ended the year with a balance of $641,500 including interest of $47,300. The scheduled amount to be given to the library for the FY90 materials budget is $38,800. While the Foundation has several valid options for the extra Interest Income, it is also important that the library Board's schedule of Income requirements for the next five years be considered a minimum, not a maximum. Library Board members serving on the Foundation Board need to take the lead In seeing that library goals and needs are met. The Board's October 1988 policy statement to the Foundation on Income requirements said growth should come from additional CEF gifts or investment strategies, not reinvestment of interest income. To justify the costs of the Development Office, maximum income must be provided for the library to spend on services and materials. 3. The Summer Reading Program provided by the Children's Department has turned out record numbers of children. The programs and activities offered have attracted children of all ages and abilities, Nearly 400 children participated. I /389 'I � I I I. I j I �I Ii 1 Board of Trustees July 27, 1989 Page 2 PRESIDENT'S REPORT: There was no President's report. ANNOUNCEMENTS FROM MEMBERS: Swaim requested that his Board mailings be sent to his business address, P.O. Box 2060, Iowa City 52244. Stein announced that he will be moving In early August to 1722 Ridgeway Drive, Iowa City, Iowa 52245. His phone number will remain the same. FRIENDS REPORT: Eggers reported that plans are progressing for the Let's Talk About It book discussion series. "A Sense of Place, Small Towns, Community and the Land" will run from October 3 through November 28 with 5 discussion sessions scheduled. Pre -registration is required and space is limited to the first 42 who register. Registration opens August 24 at 5:30 PM and closes September B. Books will be loaned free to all participants. FOUNDATION REPORT. Eggers and Sales Announced that the annual fall reception for Foundation donors will be held on Sunday, September 10 at Bushnell's Turtle. Invitations will be mailed to donors in late August. LIBRARY BOARD ANNUAL REPORT: The draft of the Board's Annual Report was reviewed and approved with minor changes. This report will appear In both the City's Annual Report of Boards and Commissions and in the Library's FY89 Annual Report. REVISION TO LIBRARY BOARD POLICY 801.21 FINES AND FEES: The Board discussed and approved the revision to the policy on fines and fees which will allow for a fine of Bo per day for uncataloged paperback books. This is new Income, since the old method did not follow through on overdue, uncataloged paperbacks. Cox/Swaim. The Board approved the addition of Article 801,27 which allows the library to absorb fees charged by other libraries for Interlibrary loan materials obtained for Iowa City Public Ubrary borrowers. Steln/Reed, REVIEW OF LIBRARY SOURCES OF REVENUE: The Board reviewed a report prepared by the Director that reviewed library Income for the past five years and made projections for FY91-FY93. This review of library fees and revenues was added to the Board's annual calendar on the recommendation of last year's Financial Planning I� I i Board of Trustees July 27, 1989 Page 2 PRESIDENT'S REPORT: There was no President's report. ANNOUNCEMENTS FROM MEMBERS: Swaim requested that his Board mailings be sent to his business address, P.O. Box 2060, Iowa City 52244. Stein announced that he will be moving In early August to 1722 Ridgeway Drive, Iowa City, Iowa 52245. His phone number will remain the same. FRIENDS REPORT: Eggers reported that plans are progressing for the Let's Talk About It book discussion series. "A Sense of Place, Small Towns, Community and the Land" will run from October 3 through November 28 with 5 discussion sessions scheduled. Pre -registration is required and space is limited to the first 42 who register. Registration opens August 24 at 5:30 PM and closes September B. Books will be loaned free to all participants. FOUNDATION REPORT. Eggers and Sales Announced that the annual fall reception for Foundation donors will be held on Sunday, September 10 at Bushnell's Turtle. Invitations will be mailed to donors in late August. LIBRARY BOARD ANNUAL REPORT: The draft of the Board's Annual Report was reviewed and approved with minor changes. This report will appear In both the City's Annual Report of Boards and Commissions and in the Library's FY89 Annual Report. REVISION TO LIBRARY BOARD POLICY 801.21 FINES AND FEES: The Board discussed and approved the revision to the policy on fines and fees which will allow for a fine of Bo per day for uncataloged paperback books. This is new Income, since the old method did not follow through on overdue, uncataloged paperbacks. Cox/Swaim. The Board approved the addition of Article 801,27 which allows the library to absorb fees charged by other libraries for Interlibrary loan materials obtained for Iowa City Public Ubrary borrowers. Steln/Reed, REVIEW OF LIBRARY SOURCES OF REVENUE: The Board reviewed a report prepared by the Director that reviewed library Income for the past five years and made projections for FY91-FY93. This review of library fees and revenues was added to the Board's annual calendar on the recommendation of last year's Financial Planning I� A, i Board of Trustees July 27, 1989 Page 3 Committee. The review will also assist the Director in providing revenue projections through FY93 to the City Finance Department, LIBRARY RESERVE FEE DISCUSSION: The five year plan requires that the library "consider dropping the fee for placing a reserve when the computer system is able to monitor the number of reserves per cardholder". Assistant Director Craig, prepared an initial report reviewing the issues and giving needed background and data. Any decision to discontinue the fee would have a minor impact on revenue because Income is $1,000/year or less. The Board thoroughly discussed the pros and cons of charging this fee to place reserves on library materials. It is basically a confrontation between a free public library and the staff's ability to handle up to twice the number of requests annually. The Board gave guidance to _Craig and requested that staff prepare a proposal which would either limit the number of reserves per patron and remove the fee or remove the fee on most items but retain it for high demand collections: It was felt that the library's dropping of the reserve fee should be at least a two-step process so that the impact on staffing could be assessed. r I ADJOURNMENT: The meeting adjourned at 5:45 PM. NEXT MEETING: The regular meeting of the Library Board of Trustees will be held on Thursday, August 24 at 4 PM in the Administrative Conference Room. � F I j I! i i I i MINUTES IOWA CITY HOUSING COMMISSION JULY 11, 1989 IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Moore, McMahon, Hulse, Williams, Parden, Coty MEMBERS ABSENT: Stadtlander STAFF PRESENT: Barnes, Milkman, Nugent, Seydel, Stroud OTHER PRESENT: None CHANGES/AMENDMENTS TO MINUTES OF PREVIOUS MEETING: None RECOMMENDATIONS TO COUNCIL: None MEETING TO ORDER: 9:05 am MINUTES: Motion to approve the Minutes of June 13, 1989, was made by Hulse, seconded by Parden, carried 6-0. HOUSING/RENTAL REHABILITATION - Barnes - Owner -Occupied Rehabilitation - 814 Dewey Street - Deferred - Rental Rehabilitation - 400 North Clinton Street I bedfor room, two 2 -bedroom, Dwelling oom, onne3-befrental units 3 -bedroom and one4-bedroomive Anafter-rehab appraisal in the amount of $125,000.00 is needed for the project to be funded. Motion to approve the loan in the amount of $35,000.00 if the after -rehab appraisal is at least $125,000.00 was made by Hulse, seconded by McMahon, carried 6-0. COORDINATOR'S REPORT - Sevdel - Section 8 and Public Housing Update Housing Assistance payments for July 1, 1989: 174.Vouchers $47,935.00 461 Certificates $112,157.00 Public Housing income for June, 1989: $8,998,00. Two vacancies currently being offered. Excess income in the amount of @ $7,000.00 reported in the End of year report for Public Housing will not be returned to HUD. An application will be made for debt forgiveness which will allow money to remain in Iowa City. Twenty-six (26) applications submitted for approval. II r I j � t, ANNUAL REPORT HOUSING COMMISSION/APPEALS FY 89 Item was added to include Housing Commission Chairperson participation in Informal Hearing. Motion to approve the Annual Report was made by Parden, seconded by Williams, carried 6-0. COMMUNITY DEVELOPMENT PLAN 1990-1992 - NUGENT Committee on Community Needs (CCN) is beginning work on developing a three- year plan for Iowa City and is asking for input to identify what the principal community development and housing needs are for Iowa City. Suggestions are requested by August 1, 1989. DISCUSSION Discussion of Housing Rehab program included comments from Seydel that something in between what we currently have is needed. Sometimes owners only want one or two things done instead of the comprehensive rehab that the rehab inspector says needs to be done. Milkman stated that the purpose of. the comprehensive rehab program is to help low-income people stay in their homes and to maintain affordable housing stock and the properties rehabed have no additional major repairs over the next ten years. ADJOURNMENT: Motion to adjourn at 10:05 AM was made by McMahon, seconded by Coty, carried 6-0. Approved by: Benjamin J. Moore, Chairperson Iowa City Housing Commission vs/wp/hc7-89 j i i ,i j f <j i t r,INUTES DRAFT BOARD OF INCORPORATORS OF THE NON-PROFIT ORGANIZATION TO MANAGE PUBLIC ACCESS CABLE TELEVISION IN IOWA CITY TUESDAY, JULY 25TH, 1989 - 7:OOPM SENIOR CENTER - CLASSROOM I MEMBERS PRESENT: Daly, Eskin, Evenson (Chair), Hess, D. McGuire, S. McGuire . MEMBERS ABSENT: Larew, BTC representative. STAFF PRESENT' Welch. OTHERS PRESENT: None. RECOMMENDATIONS TO COUNCIL: None. SUMMARY OF DISCUSSION: Minutes of the June 27th and July I I th meetings were approved. Dewey McGuire reported on his attendance at the NFLCP conference in Dallas. His written report is on file with the City Clerk. This stimulated a discussion on censorship of controversial programming on access channels. The Board made slight technical modifications to the draft Articles of Incorporation and Bylaws. The Board considered concerns expressed by the Broadband Telecommunications Commission that the NPO should have the flexibility to schedule and approve programming which will appeal to the community. The city staff was directed to begin research into the legal definition of public access as it would affect the NPO's ability to regulate program content and scheduling. The BTC letter and the new drafts are on file with the City Clerk. Planning continued for a September retreat with Sue Buske. The Board directed the city staff to find out if the city would pay for the incorporation filing fee. The city staff will also check into the forms for filing for 501(c)(3) status with the Internal Revenue Service. The Board decided to make arrangements for signing the Articles of Incorporation and name the initial Board of Directors at the next meeting on August 8th. Evenson and S. McGuire agreed to write a memorandum of transition to the initial PATV Board of Directors. The incorporating Board also agreed to have a dinner with the initial PATV Board of Directors. The Board decided to tentatively schedule a retreat with Sue Buske on the weekend of September 23rd and 24th. The meeting concluded with a closed session to consider possible appointees to the initial PATV Board of Directors. 13,91 f 1. I . I `. CALL MEETING TO ORDER: EvEnson called the meeting to order at 7:06 PM. APPROVE MINUTES: Daly moved to approve minutes of the June 6th meeting, seconded by Eskin, approved unanimously. DIRECTOR'S ANNOUNCEMENTS: None. PUBLIC ANNOUNCEMENTS: None. REPORT BY D. MCGUIRE ON THE NFLCP CONFERENCE IN DALLAS: Dewey McGuire attended several sessions at the conference. At the opening luncheon Char Beales, VP of programming and marketing from the National Cable Television Association asserted that local cable programmers would need to share the responsibility of making access a viable programming source. Andrew Blau reported that Congress will be reconsidering the federal Cable Act and he urged local programmers to begin lobbying their representatives. D. McGuire attended several workshops including "Organizing the Access Support Base', `Hometown Awards%'Primer for the New Access Board', 'Marketing Your Access Center to the Outside World', and 'Ethics in Access'. D. McGuire s report is on file with the City Clerk. D. McGuire added that the next NFLCP Midwest Region Fall Conference will be held October 19-21 in Ft. Wayne. DISCUSSION OF CENSORSHIP OF CONTROVERSIAL PROGRAMMING: D. McGuire reported that NFLCP attorneys feel public access channels cannot set restrictions on programming content or scheduling. The attorneys feel that precedents on broadcast content and scheduling do not apply to cable. They added that selective solicitation of counter -programming could also be interpreted as unconstitutional. The NFLCP attorneys also felt that access centers should not put themselves in a position, by controlling content, of being liable for lawsuits against producers. D. McGuire added that strong involvement of community groups in access was important in times when funding is threatened because of controversy over the content and value of community i - �, _ I ;1 i li iI 't ®® programming. Hess reported that the Community Programming Center relied on the consent of producers to structure program schedules. D. McGuire recommended discussing this issue with Sue Buske at the retreat. REVIEW OF DRAFT ARTICLES OF INCORPORATION: T1. he Board discussed the letter from the BTC and their concern tilaat crouse Six of the Purposes article (reading in part "To assure that no censorship or control over program content of the channel(s) exists...") may inhibit the NPO's ability to exercise control over programming that might be necessary to enhance viewership. Evanson felt this clause did not prevent the Board from encouraging producers to improve program quality and accessability. Eskin felt there is community misunderstanding of the purpose of public access and added that Public access should be defined in the documents of incorporation. The Board decided to keep the current language and defer the issue to the PATV Board of Directors. The Board also requested the city staff to research a legal definition of public access. A copy of the BTC letter is on file with the City Clerk. The Board noted that the final version would need to name the initial Board of Directors. Finally, it was clarified that the Powers [prohibitions] article of the Articles of Incorporation does not prevent community producers from submitting political programming. REVIEW OF DRAFT PATV BYLAWS: T e Board reached a consensus to clarify in Section 6.08 that ex -officio Board members are non-voting. The Board had a lengthy discussion on whether to state in the Bylaws items that the Board might submit to the members for a vote. Eskin moved to delete the language in Section 4.05 stating that each member would be entitled to vote on each matter submitted to a vote including '...on any merger and its principle terms; on any election to dissolve the corporation; and on the sale, lease, exchange, or disposition, of all or substantially all of the property and assets of PATV (Section 9.01 'Committees of Directors')% seconded by S. McGuire, failed 2-1. Daly moved that the adoption of a plan of merger be added to the list of items that a Commitee of directors cannot recommend to the members in Section 9.01 to ensure consistancy with the previously discussed Section 4.05, seconded by S. McGuire, approved 3-0, Eskin abstaining.Evenson suggested that Board members could submit alternative language at the next meeting. The Board decided to defer adding provisions for mail balloting to the PATV Board of Directors. The Board next addressed a question that came up at the public forum asking why the incorporators have invested so much power in the PATV Board of Directors. The Board came to a consensus that this is necessary to ensure continuity of leadership for the fledgling corporation. The Board decided to consider any final changes in the Bylaws at the next Board /.39/ meeting. FUTURE BOARD WORK: Evenson noted that the initial PATV Board of Directors would need to be named in the Bylaws. The Board directed the city staff to find out if the city would Pay the incorporation filing fee. The city staff will also check into the forms for filing for 501(c)(3) status with the Internal Revenue Service. The Board decided to make arrangements for signing the Articles of Incorporation and name the inital Board of Directors at the next meeting August 8th. Evenson and S. McGuire agreed to write a memorandum of transition to the initial PATV Board of Directors. The incorporating Board also agreed to have a dinner with the initial PATV Board of Directors. The city staff was directed to reserve a room at Swan's or The Brown Bottle on the evening of Tuesday, August 22nd or Tuesday, August 29th. Guests would order separately off the menu. The Board decided to tentatively schedule a retreat with Sue Buske on the weekend of September 23rd and 24th. Hess will continue to investigate locations. The Board directed the city staff to contact the new Board members stating that j the retreat would be scheduled for September 23rd and 24th. The Board also decided to defer the issue of funding for PATV during the transition to the initial Board of Directors. CLOSED SESSION TO CONSIDER APPOINTMENTS TO THE INITIAL BOARD OF DIRECTORS: The Board went into closed session to discuss possible appointees to the Initial PATV Board of Directors. ADJOURNMENT: i I. ji �