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HomeMy WebLinkAbout1988-03-15 Bd Comm. minutesSUBJECT TO BTC APPROVAL MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, FEBRUARY 16, 1988 - 8:00 A.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Summerwill, Justis, Patton, Hall, Twaler MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Schuler OTHERS PRESENT: LeValley, Blough, Doyle Detroit, Linda Levy, Stephen Cree, Susan Horowitz, Chuck Scott, Lida Cochran RECOMMENDATIONS TO COUNCIL: None. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Summerwill announced her resignation due to moving outside City limits. Doyle Detroit was introduced as her replacement. The Archive Subcommittee has completed viewing and evaluation on all community produced programs made since 1981. This subcommittee will make recommendations to the BTC, Iowa Historical Society and ICPL as to which programs should be saved for posterity and/or (ICPL) circulation. Shaffer reported plans for Triannual Review public hearing publicity. Shaffer invited the BTC and all inter- ested citizens to participate in a live satellite teleconference event sponsored by NLC/NATOA on April 29. This event will tie Iowa City with eight other cities from coast to coast in a discussion about cable television. Shaffer reported two complaints and progress on the survey he is conducting for the BTC on TCI's and Heritage's treatment of access services in new and renewed franchises. LeValley reported the studio cameras would be back from repair 3/16/88. Blough reported Heritage has gained 4,000 subscribers since 1985; that they plan to put KOCR-TV from Cedar Rapids on Channel 12; and that Heritage's offices are now open on Saturday from 9 AM -1 PM. Detroit complimented Heritage for their adver- tising of access programs shown on Channel 26. Justis reported on a continuing problem of access to Educational Channel 27 prior to School Board meeting cablecasts. Hall reported good progress on the service report he is preparing for the Triannual Review. Justis expressed a possible need for an audit of the technical aspects of the cable system for signal radiations. Summerwill again requested needed financial information from Heritage for the Triannual Review. Blough and LeValley reported progress on the work being done to make CPC facilities and workshops more accessible to special populations. Horowitz complimented the BTC for their work and contributions. Shaffer noted the importance of the Triannual Review is two -fold: looking back over the last three years and looking ahead and providing recommendations for future directions. Hall expressed appreciation to both Twaler and Summerwill for their BTC work (this was both Commissioner's last meeting). Cree suggested Iowa City, because of its unique cable TV system, access facilities and demographic makeup might be an ideal location for some market testing. He suggested economic development may be attracted to Iowa City to make use 395 Broadband Telecommunications Commission February 16, 1988 Page 2 of its uniqueness to test many new technologies (communications oriented and otherwise). MEETING CALLED TO ORDER: The meeting was called to order at 8:00 a.m. APPROVED BTC MINUTES: Moved by Justis, seconded by Patton, to approve the January 19, 1988, BTC meeting minutes. Unanimously approved. ANNOUNCEMENTS FROM COMMISSIONERS: Summerwill reported receiving a communication from Mayor John McDonald and stated that this would be her last official meeting as a Commission member. She stated that she will continue work on her portion of the financial section for the Triannual Review. Twaler introduced Doyle Detroit, who will be replacing Summerwill as a Commission member. ARCHIVE SUBCOMMITTEE REPORT: Justis reported that there had been a meeting of the Archive Subcommittee since the last Commission meeting. LeValley stated that they are now done viewing the backlog of tapes. All old tapes have been looked at and evaluated. A list of tapes which have been produced since this date will be distributed to the members of the Committee. The Archive Subcommittee now plans to meet on a quarterly basis. The Subcommittee will view only those tapes which are requested by the producers and those which the Subcommittee feels should be saved. LeValley reported that they are currently saving slightly more tapes than are being discarded. This ratio will slightly decrease in the future. The tapes saved for archiving will be housed at the Iowa State Historical Society. Also the Iowa City Public Library will dub to 1/2 -inch for circulation those tapes which they have interest in. BTS REPORT: Shaffer reported plans for publicity for the Triannual Review. Currently Patty Westercamp is developing posters; Bill Twaler participated in a video public service announcement which will appear on the satellite channels; Martha Miller, from the Iowa City Press -Citizen, agreed to write a story concerning the review; there have been character -generated messages on both Channels 26 and 29, and a public notice will appear in the paper next week. The remaining dollars will be spent on ads in the Press -Citizen or Daily Iowan. Shaffer also reported that the review on March 1 will be taped, it will not air live as it did last year. Shaffer stated that in order for the sessions to be more informal, there is a plan to move the Commission meetings to a large table in the Council Chambers area. This should happen some time within the next month. w 395 Broadband Telecommunications Commission February 16, 1988 Page 3 On April 29, the City will be involved in a live satellite teleconference with eight other cities across the country. The subject of the tele- conference will be cable television and will be directed by Warren Carter, President of NATOA, an organization sponsored by the National League of Cities. Shaffer said that he will have more information on the tele- conference at a later date. There were two complaints in the past month. Both complaints involved programming. Shaffer stated that currently he is negotiating a price with a database company concerning franchise information for the TCI/Heritage survey. This survey is being conducted to determine what TCI and Heritage are offering communities in the way of access services and operational expenses. There have been some requests to change the meeting time of the BTC meetings. This would allow for more people to attend meetings. CPC COMMENTS: LeValley reported that there have been no major problems with community shou9ld be repaired o and ereturned ras h by vtoday. e been ouLeValley on astated that ir for some time comment box has been moved to the control room. HERITAGE REPORT: Blough reported that Heritage is currently in the planning process for the 1988 construction season. An estimated four miles of new cable plant will be built this year. Heritage presently has a solid line-up and does not foresee any great changes in the near future concerning programming. Blough stated that he worked with Dan Hall on the Triannual Review process which involved a growth analysis of what has happened with the system in the past three years, including rates and service call loads. During this period, Heritage has gained over 4,000 subscribers. Blough said that Heritage plans to move PBS to Channel 13 and replace PBS with KOCR on Channel 12. Detroit complimented Blough and commented that she noticed two ads run in the TV section in the Press -Citizen for programming on Channel 26. Blough reported that the Heritage offices are now open on Saturday from 9:00 a.m. to 1:00. IECHNICAUSERVIrr SUBCOMMITTEE REPORT: Justis reported on the need for a convenient method for the Iowa City Community School District to tap in to Channel 27 when needed for the community school board meetings. Blough stated Heritage is not in a Position to provide equipment for this purpose because of the expenses involved. Blough suggested taking the video taped product to Kirkwood Community College, where most of the programming originates. 39-6, Broadband Telecommunications Commission February 16, 1988 Page 4 Hall stated that he has met with Blough in the process of developing the Triannual Review Service Report and will submit the report to Shaffer. One more revision of the form was made in order to coincide with the nprintouts r available lbiaHeritage. umberof servicecallsisnotas mpora ant asthall Pointed ofrespo set time the measuring the company's ability to serve its customers. CABLE TV TRIANNUAL REVIEW DISCUSSION: Justis reported that he spoke with Shaffer as to what reports from Heritage are required by the City. Blough stated that a proof of performance test is done on an annual basis which is a requirement by Heritage and the FCC. Also, signal leakage is a requirement of the FCC. Blough stated that Heritage's objective was to find those radiation leakages and repair them as soon as possible. All data is maintained in the public inspection file. Justis expressed his concern for the need of a neutral party to evaluate the technical report. He stated he feels the Commission lacks the expertise to properly monitor radiation leakages. Blough made clear to the Commission that all data given to the Commission is unaudited data, especially pertaining to any financial information being requested for the Triannual Review. Summerwill again requested financial information from Blough and Heritage before the Triannual Review. Blough said he would supply the requested information. This information was first requested of Heritage in 12/87. UPDATE ON SPECIAL NEEDS VIDEO TRAINING: Blough reported that Heritage is continuing to have meetings concerning special needs video training. LeValley stated that a major stumbling block is finding the expertise and getting local professionals involved with the project. The main objective of the project is making access workshops and facilities accessible to the special needs population. PUBLIC DISCUSSION: Susan Horowitz, a member of the City Council, congratulated the Commission on their work. Horowitz questioned the Commission as to whether there was a mechanism for cable TV's audiences to comment on the Triannual Review. Shaffer stated this year the Triannual Review will be taped and cablecast several times over the next four weeks. Questions and comments can be addressed at the meeting or at a later BTC meeting. Horowitz questioned the Commission on the feasibility of acquiring a consultant through regional cooperation. Shaffer mentioned that an important aspect of the Triannual Review is to look to the future and provide guidance, directions and recommendations concerning where cable TV might go in Iowa City. 385 Broadband Telecommunications Commission February 16, 1988 Page 5 Linda Levy inquired about a statement made by Blough that pay subscribers were down. Blough reported that the pay subscribers decreased by l,000 since 1985. This decrease is attributed mainly to VCR rentals. Hall stated that he has this information and it will be reported at the Triannual Review. Hall expressed his appreciation for the efforts of Twaler and Summerwill, who are both leaving the BTC. Blough explained Heritage's interest in the development of high definition TV. Steve Cree suggested to the Commission that Iowa City might be an ideal location for the market testing of many types of new technologies and Iowa City could perhaps attract economic development because of its cable TV system, and its active and educated makeup. ADJOURNMENT: Moved by Justis, seconded by Hall, to adjourn. Unanimously approved. Adjournment at 9,27 a.m. Respectfully submitted, Drew Shaffer. . 1 11 Lv`� P 396' MINUTES PRESERVATIONHISTORIC WEDNESDAY, FEBRUARY24, 1988SI07.30 P.M. ft SENIOR CENTER CLASSROOMMEMBERS PRESENT: Kern, Russell, Scott, Sierk, Wagner, C MEMBERS ABSENT: VanderWoude GUESTS PRESENT: Susan Horowitz STAFF PRESENT: Beagle CALL TO O ORDER: Wagner called the meeting to order at 7:30 p.m. Wagner presented Susan Horowitz and Connie Champion, who was not able to attend the meeting, with a Certificate of Appreciation from the Historic Preservation Commission for their service and hard work. Horowitz expressed her gratitude and stated that she will continue her work in this area, inspired by the contributions of Margaret Nowysz. Horowitz presented a slide show of native architecture from a recent trip to Australia. CONSIDERATION OF THE MINUTES OF JANUARY 13, 1988: Wagner noted that on page 2, second paragraph, in the fourth sentence the word slated should be replaced with slanted. She also noted that on page 3, second paragraph, should include "and the Friends of Preservation" at the end of the sentence. Wagner noted that on page 3, the first complete sentence should read, "Beagle noted that she recognized the efforts of the Commission, but she feels that any further cmpaigning will not have much a impact at this point." This is to indicate that Beagle is referring to the comments of Pat Eckhardt. Kern noted that on page 3, that the man from Dubuque mentioned in the third paragraph is Mr. Wayne Norman. Kern moved to approve the minutes of January 13, 1988, as corrected. Sierk seconded the motion. The motion carried unanimously. REHABILITATION PROJECTS: 120 N. Governor Street Beagle reviewed the proposed rehabilitations which include new combination windows, vinyl lap siding and rebuilding and restoring a front porch. Wagner stated that the Commission could recommend that the new windows do not have metal trim and that they be compatible with the. theme and integ- rity of the house. She noted that she had recently read an article in the Cedar Rapids Gazette about possible siding options and- suggested to the members that it may be worth investigating and aid them in the Commis- sion's future recommendations. Casey stated that he had received varied comnents from different contractors about which type of siding is the best, vinyl or aluminum. Beagle stated that Pam Barnes has a good under- standing of the projects and what may be best for that project. O MINUTES HISTORIC PRESERVATION COMMISSION FEBRUARY 24, 1988 PAGE 2 Russell asked if the Commission's procedure at this point is to make an approval of the project so that the City may allocate the funding. Beagle stated that the recommendation of the Historic Preservation Commission goes to the State Office of Historic Preservation to determine if any historic properties may be affected by the proposed rehabilitation. He noted that the authority originates from Section 106 of the National Historic Preservation Act of 1966 whereby anytime Federal funds are used for local projects, they must be reviewed for any possible adverse effects on historic properties. He explained that the funds are Community Devel- opment Block Grant funds or Rental Rehabilitation Grant funds from the U.S. Department of Housing and Urban Development. Beagle stated that if the property is found to be National Register eligible the request must be submitted to the Advisory Council on Historic Preservation and the local Commission would then wait for a response from them. Horowitz noted that she had received the guidelines and criteria for reviewing Historic District Homes. Beagle noted that those primarily apply to Certificates of Appropriateness which is a separate procedure. Horowitz note that a consistency in word and criteria would be helpful throughout all reviewing procedures. Russell stated that such comments are good and that such criteria would help to improve the review process. He also noted that Ronald Johnson, the owner of the property, has rehabilitated other homes and has done quality work on them. Beagle asked the Commission to give some thought to some basic criteria. Russell noted that such criteria would help both the Commission and the applicant. Wagner noted that Pam Barnes oversees and monitors the work proposed. Russell asked how the Commission knows that the work proposed is that which is completed. Beagle stated that the Historic Preservation Commis- sion is a recommendation body only and that the final decision is up to the State Office of Historic Preservation. Sierk moved to approve the proposed rehabilitation of 120 N. Governor with the recommendation that non-metallic windows be used and that such windows be compatible with the theme and integrity of the house. Kern seconded the motion. The motion carried unanimously. 210-1/2 and 212-1/2 S. Clinton Street: Beagle reviewed the proposed rehabilitations which include repair existing windows and install combination storms, install new roof on east side, tuckpointing and restoration of brick work and other improvements. He noted that the original sashes had been removed and that combination windows were installed. He stated that some of the rounded peaks of the windows had been blocked off and that the new owners would attempt to find a window that would be compatible with the original window shape. Cook asked what the requirements of the rehabilitation funds are and what input the Commission has. Beagle explained that Iowa City is an Entitlement City funded through Central Development Block Grant funds which this year consists of $600,000. He stated that the Committee on Community Needs administers the allocation of CDBG funds and that approximately $300,000 goes toward rehabilitation projects annually. He stated that there are income eligibility guidelines for owners as well as renters and that the tenants must be of low- to moderate -income. Horowitz noted that in this 3g6 MINUTES HISTORIC PRESERVATION COMMISSION FEBRUARY 24, 1988 PAGE 3 way it is an effort to maintain affordable housing. Cook asked what role Pam Barnes plays. Beagle explained that Pam Barnes is the Rehabilitation Officer who administers the programs, reviews whether the work meets the guidelines and prepares the Structure Description Questionnaire sheets. He stated that the application goes to the Housing Commission if funds should be allocated. He noted that the Historic Preservation Commission input consists of assessing whether the proposed rehabilitation would have any affects on the historic value of a house or on any other historic properties. Horowitz noted that the Commission responsibility is to advise not to be a regulatory body. Beagle stated that he would send brochures to the members describing the various programs. Howoritz stated that the members should keep an eye open to watch for incentive possibili- ties or how City businesses could aid people in investing in the housing stock. Wagner noted that VanderWoude knew of a certain credit incentive available for certain properties. loan interest Sierk moved to approve the proposed rehabilitation of 210-1/2 and 212-1/2 S. Clinton Street. Russell seconded the motion. The motion carried unanimously. HISTORIC PRESERVATION AWARDS PROGRAM: Wagner stated that the purpose of the annual Preservation Awards Program is to recognize people who have completed an architectural sensitive reno- vation of a building or house. The review of such projects is done by a panel of three judges brought in from outside of Iowa City. She stated that the program would be moved to Preservation Week in May and that members should encourage people to apply. Beagle noted that in the Com- missioner's packet was a Historic Preservation Awards Program Checklist which indicated the duties of staff and the Commission. Beagle noted that the first four items on the list should be decided by the Comnission at this meeting: set date for the program, select and contact jurors, draft application form and letter, compile list of potential nominees. The Commissioners agreed that an appropriate date for the Awards Program would be May 11, 1988. Cook asked about the nature of the Awards Program and whether past jurors could be selected or other local experts. Kern noted that in the past selecting judges from outside of Iowa City has been a matter of objectiv- ity and the opportunity of bringing in new ideas. Beagle agreed that it may otherwise seem that there would be a possible conflict of interest betweenocal sdandltheirpparticipHe ationined that historichpreservation through the Margaret Nowysz Award. Beagle stated that the Commission could utilize press releases and do some advertising of it. Horowitz noted that last year's program included slides so the judges could comment on the project before them. Wagner suggested that the Commission reissue an invitation to Mary Neiderbaugh from Des Moines and invite Wayne Norman from Dubuque to serve as judges. She also suggested Myron Marty, an architecture historian from Drake University. Scott stated that he would speak with Robert Alexander about suggesting other possible jurors. 396 MINUTES HISTORIC PRESERVATION COMMISSION FEBRUARY 24, 1988 PAGE 4 Wagner noted that the practice in the previous years was for the jurors to review the projects in person that morning, make their decisions and then the awards program was that evening. Beagle stated that he would try to contact the possible jurors and would report back to the Commission on March 9, 1988. Wagner and other members suggested the following potential nominees: Paul -Helen Building, Moen house at 412 N. Dubuque Street, house on 600 N. Johnson, the Unitarian Church on Iowa Avenue, University of Iowa Press house on Park Road, Steven Foster-Mellman house on Friendship, Ginsberg Jewelers downtown, Mercy Hospice building. Sierk noted that the Commis- sion should also encourage and recognize facade treatments of new struc- tures that enhance areas. Beagle stated that any project should exemplify a completed project. Wagner noted that a project could also be an addi- tion such as a porch. Beagle noted that a general press release should be prepared to notify the general public. Wagner asked whether a poster for the event could be produced. Beagle said that the City staff would con- tact the jurors, mail the applications to potential nominees and would prepare a press release for the Commissioners approval. He stated that he would check to see whether there were enough funds for a poster. Wagner noted that last year the City Council also recognized the award winners and presented them with certificates on televised proceedings of the Council. Wagner stated that Beagle completed the Certified Local Government appli- cation. Beagle stated that Robert Alexander along with graduate assis- tants would donate their time to survey approximately 50 buildings in the downtown area. He stated that the application may get a hearing before the Board of Trustees and that the contracts are let in May of 1988. Wagner stated that the Commission recently founded the Margaret Nowysz Award. Sierk noted that, as a group, the Commission should be careful and take extra caution in selecting a recipient or recipients and that it is not necessary to choose a recipient every year. Wagner noted that a memorial gift will be given to the Comnission and that an account for any future gifts will be established. Russell asked how the Commission can be assured that the money can only be used by the Historic Preservation Commission. Beagle stated that he would look into the situation. Sierk suggested that it be named the Margaret Nowysz Historic Preservation Fund. The Commission unanimously agreed. Russell stated that he would draft a thank you letter form and would send it to Beagle by March 2nd so that it would be included with the March 9, 1988 agenda. Wagner stated that she has tried to contact Tom Scott in order to discuss submitting a smaller historic preservation district area to the State office. She noted that he, along with Cook, would like to meet with Wagner and another Historic Preservation Commission member. Cook and Wagner agreed that all parties should be prepared before the meeting so that they know what it is they wish to accomplish and suggested a meeting date of March 7, 1988. Beagle noted that the four of them could meet in the Planning Department's conference room. :m N s MINUTES HISTORIC PRESERVATION COMMISSION FEBRUARY 24, 1988 PAGE 5 Cook requested that the new members receive a brochure on various programs which the Commission deals with, the criteria for historic preservation projects and rehabilitation, the by-laws, and guidelines for the awards program. Beagle distributed an article from Preservation Week magazine and informa- tion on a convention in St. Louis. The meeting was adjourned at 10:00 p.m. Minutes submitted by Mary Lazenby. MINUTES SENIOR CENTER COMMISSION MONDAY, JANUARY 18, 1988 MEMBERS PRESENT: Jack Bock, Lorraine Dorfman, Dorothy Fiala, Geri Hall, Jean Hood, Ruth Wagner MEMBERS ABSENT: Geraldine Busse, Bud Gode, Fred Goss VISITORS PRESENT: Iva Hilleman, Council of Elders; Mike Lawson, MECCA STAFF PRESENT: Bette Meisel, Joyce Phelps CALL TO ORDER/INTRODUCTIONS/PUBLIC DISCUSSION/MINUTES: Geri Hall, Acting Chair, called the meeting to order at 3:00 p.m. Bock moved the minutes be approved as read. Wagner seconded. The motion carried, all ayes. There was no public discussion. ELECTION OF OFFICERS: The nominating committee presented the following slate of officers: Geri Hall, Chair; Jean Hood, Vice -Chair; Ruth Wagner, Secretary. There were no other nominations. Dorfman moved that the slate of officers be elected. Bock seconded. The motion carried, all ayes. COUNCIL OF ELDERS REPORT: Hilleman reported that the first evening dance would be held on February 12 from 7:00-9:00 p.m. in the Assembly Room. The music would be provided by records and would be 40's, 50's and 60's music. The charge would be bl per person, and free refreshments would be served. Hilleman said the Council of Elders had gone to the Board of Supervisors meeting. The Supervisors were very supportive of the questionnaire to be sent to the rural elderly, and they agreed to pay for return postage. Hilleman said plans were underway for a St. Patrick's Day Dance with help from a University of Iowa co-ed service fraternity, alpha Kauoa Psi. She said the date had been chosen for Older Americans' Day. It will be on Tuesday, May 17, 1988. Plans for the day include a senior talent show. Hilleman said that the physical chores such as decorating, setting up and taking down tables, etc. were too taxing for the Council of Elders. She asked if it would be all right to use some of the Council money to pay for labor when needed. Meisel said the budgeted Council money was theirs to spend as they saw fit. Hilleman said she had donated an extra snowblower to ESA in exchange for $50 worth of labor and would use this for Older Americans' Day. I 397 Senior Center Commission January 18, 1988 Page 2 Hilleman reported that the had come to learn and play, and was bringing new people SENIOR CENTER UPDATE: new cribbage group had met and around 30 people The golf driving range was enjoying success into the Center. Meisel reported that the additional handicapped parking space was now available, and that the February POST would have an article about it. Meisel circulated a copy of the Senior Center Commission minutes of March 13, 1985, containing information about the snow policy discussion. (See attached.) The Commission discussed several options including using school closing as a rule of thumb to close the Center. The consensus was that if Congregate Meals staff and Senior Center staff could not get to work and SEATS was not operating, the Center should be closed. Meisel said the City policy was that the City never closed and begmadeetothat haveif staff someone openld not the lobby of theet to kbupildlingsforrshelter. could Hood moved that the Senior Center Commission contact the Congregate Meals Nutrition Advisory Board and ask if schools are closed could Congregate Meals close and that Meisel was to contact the City Manager to make an arrangement to have someone in the building. Bock seconded. The motion carried all ayes. Meisel said she will be taking bids on shades or blinds for the windows and doors of the Assembly Room so that the room can be darkened for slide presentations. The Commission agreed this should be done. Meisel also requested permission to get a quote on pull-down projector screens for Classroom 1 and the exercise room. This was agreed to. Meisel explained that the building would be available for a caucus site, as state law requires public buildings to be available for this purpose. Meisel said the computer and printer were here, and we are waiting for the City electricians (who built the kiosk) to build the desk unit for it. She said 59 out of 249 (24%) businesses had responded to the request for donations. REVISED SENIOR CENTER PARTICIPANT NUMBERS: Meisel said with the addition of the computer, all of our fragmented information need to change our hm method SeniorCenter ecollectaing�i formation. ant could bPartiicipantsewould receive new numbers. All agencies will benefit if all agencies contribute client information. Hall said this would enable the Center to show what activities each participant did as well as whether they only came to eat at Congregate Meals. Meisel said she would write a letter to Congregate Meals and every agency in the building and ask them to participate in supplying information. I 397 V U Senior Center Commission January 18, 1988 Page 3 After lengthy discussion, it was decided that while Meisel would write to the agencies, Hall would contact Russ Proffitt of Heritage Area Agency on Aging and tell him about the computer and get together with him to discuss how this would be beneficial to all of the agencies in the building pro- viding services to the elderly. NEW MEMBER ORIENTATION: Meisel asked the Commission what they though should be covered other than showing the slideshow, and meeting the staff and learning what they do. Hood said she thought learning about how the Council of Elders function and about the Center's philosophy on volunteering would be most helpful to new Commissioners. Dorfman suggested having a tour of the building during the time when most activities are scheduled. Hilleman volunteered to take the new Commissioners on the tour. Meisel said the Commission should invite Susan Horowitz and Randy Larson, new City Council members, to the Center also. Hall said she would be in favor of a breakfast meeting with them with a walk through the building following. Hood also thought a little orientation about going to City Council and Board of Supervisors meetings should also be included. The date for orientation was set for March 9, 1988. POTENTIAL CHANGE OF MEETING TIME: After a brief discussion the decision was to leave the meeting on the third Monday at 3:00 p.m. This will be reviewed again in a few months. The meeting adjourned at 4:20 p.m. Minutes approved by Ruth Wagner, Senior Center Commission Secretary. Minutes submitted by Joyce Phelps, Senior Center Secretary. 397 MINUTES IOWA CITY CIVIL SERVICE COMMISSION FEBRUARY 18, 1988 - 8:00 P.M. MEMBERS PRESENT: Maxwell, Kennedy, Buxton STAFF PRESENT: Melling, Donner, Timmins OTHERS PRESENT: Bud Lewis, recent appointee to the Commission RECOMMENDATIONS TO THE CITY COUNCIL: The Commission certified a list of ten firefighters as eligible for promotion to the rank of Lieutenant and a list of seven Fire Department officers as eligible for promotion to the rank of Battalion Chief. SUMMARY OF RELEVANT DISCUSSION: Staff presented a list of candidates for the position of lieutenant in rank order based upon results of testing with a weighting of 25% written test and 75% assessment center. After a brief discussion, the Commission agreed to certify a list of the top ten candidates as eligible for promotion to the rank of Lieutenant as follows: Jerry Mumford Bill Crow James Humston Dale Miller Elmer Brenneman Roger Hanson Jerry Blank Randy Allen Rick Berry Dick Craig Motion passed 3-0. Staff presented a list of candidates for the position of Battalion Chief in rank order based upon results of the assessment center. After a discussion of the assessment center process and after reviewing assessors, comments, the Commission agreed to certify the entire list of seven candidates as eligible for promotion to the rank of Battalion Chief as follows: Tom Hansen Wayne Fjelstad Terry Fiala Wayne Stagg Ron Stutzman Steve Dolan Ron Whittaker Motion passed 3-0. Under New Business staff advised that upcoming testing during 1988 would probably include testing for entry level firefighters as well as for Police promotional exams for the ranks of Sergeant and Captain. The Fire Chief briefly summarized his current thinking on the kind of testing which he would recommend for entry level firefighter applicants. Meeting adjourned. MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION MEETING FEBRUARY 18, 1988 MEMBERS PRESENT: Lewis, Ashby, Foster, Ockenfels, Blum STAFF PRESENT: Zehr, Sueppel GUESTS PRESENT: E. Moses, D. Knowling, T. Meade, 0. Houston, D. Courtney, H. Bogart, E. Jones, J. Sueppel, C. Ruppert, J. Dane, A. Dane, H. Jones, N. Blum Lewis called the meeting to order and welcomed those present. The minutes of the January 14, 1988, meeting were considered and adopted as presented. Zehr presented the bills for the month and explained them briefly. The bills were approved for payment as presented. PUBLIC HEARING FOR INPUT REGARDING THE AIRPORT MASTER PLAN: Lewis opened a public hearing to receive input regarding the Iowa City Airport Master Plan, its revision, and the long-term use of the airport. Blum referred those present to copies of a letter from the FAA indicating the FAA will not provide financial support for more than two runways. It will there- fore be necessary to decide which two of the three Iowa City runways should be selected as primary and secondary. The third runway, if it is retained, must then be maintained at necessary standards entirely at the cost of the airport. Proceeding on the premise that it is not necessary to close a runway at this time, and assuming runway 6/24 to be the primary runway, Blum indicated the cost of establishing clear zones could be the most important factor in selecting the tertiary runway. Zehr reported engineering estimates of $50,000 to acquire clear zone easements for runway 30, $26,000 for easements and obstruction removal for runway 12, $30,000 for runway 35, and $12,500 for runway 17. The possibility of additional legal expenses in acquiring some easements, and the cost of repairing the concrete of the third runway should also be considered. Another alternative would be shortening the third runway, once it is identified, to place the clear zones within the airport's property, thus avoiding the expense of acquiring additional easements and repairing that much concrete. The options were discussed at length, with considerable input from the public. E.K. Jones reiterated a long-standing contention that the airport already owns much of the needed easements, but Zehr responded that a search of the courthouse records has revealed no such ownership. John Dane asked the members to be aware that the airport may have to be moved further from the City eventually, and that it might not be wise to spend a lot of money on the present airport and then be forced to abandon it. Dave Houston urged the Commission to make every effort to avoid shortening any runways, now or in the future. Blum assured those present that it is the intention of the Commission to work with the various comments and suggestions to eventually revise the layout portion of the Airport Master Plan. It was the consensus of those present that if a third way must be identified, it should probably be runway 12/30. Blum thanked those who had contributed to the discussion. Lewis declared the public hearing closed. OR Airport Commission February 18, 1988 Page 2 IOWA CITY AIRPORT MASTER PLAN: Zehr suggested a subcommittee be formed to work out the necessary revisions in the airport layout plan. Pat Foster, Dick Blum, Dave Houston and Dennis Knowling were appointed. 11-rooucea reactor Jim Sueppelwho reportAIIIAL USES: Zehr ed the�retail�firm which had been interested in locating on part of the northwest 30 acres is still developing its proposal and the supermarket which also was interested is still a possibility. He asked if the Airport Commission would be interested in buying some of the frontage property located between the 30 acres and the road. Blum countered with a suggestion of trading airport property for frontage property and Sueppel responded that that could be an alternative. Blum suggested that revenue bonding could be a source of necessary funding. The Commission's subcommittee agreed to meet further with Sueppel and City representatives in consideration of the proposal. IOWA CITY FLYING SERVICE: The arbitration decision as it pertains charges for tiedowns, T -hangars, hangar storage and parking wasdiscussed. Jones charging a d pittwas moved tby Ashby edown tand es wseconded byyOckenfelsctohich the flinserviehas approve those rates for future use. The motion was unanimously adopted. Mr. Jones explained his current hangar rental rates. It was moved and seconded to approve those rates, and the motion was adopted unanimously. AIRPORT MAPPER 'g R SIGNATION: Chairman Ashby expressed his regrets upon of the resignation of Fred Zehr as Airport Manager, and reported exploration he hadious beenmeans Of contactedibyian individualthe ywhosislinterestednin Blumhe reported The Commissioners plan to proceed as rapidly as possible in efforts to fill the void. CHAIRMAN'S REPORT: There was no Chairman's report. PUBLIC AND COMMISSION MEMBFR_c t1,11FORMATION expressed encouragement for the currenttortINpU lea eav landHocommerciuston note properly alfores ch mdevelopm Blum nt, and ds id he rcel has of already land is not contacted othe Planning and Zoning Commission in an effort to instigate action. ned The next meeting was scheduled for Wednesday, March 9, 1988. EXECUTIV SESSION: There was no executive session. ADJOADJOURN: The meeting was adjourned. Recorder: Priscilla Wright. gI MINUTES IOWA CITY AIRPORT COMMISSION MEETING FEBRUARY 22, 1988 MEMBERS PRESENT: Lewis, Ashby, Foster, Ockenfels, Blum STAFF PRESENT: Zehr, Sueppel GUESTS PRESENT: Dave Houston, Paul Schultz Lewis opened the meeting and noted attendance and guests. AIRPORT MANAGEMENT/MAINTENANCE ISSUES: Lewis opened the discussion regarding management and maintenance of the airport following the resigna- tion of the Manager Fred Zehr. He acknowledged a memo from E.K. Jones which itemized Mr. Jones' recommendations. Blum suggested there seemed to be three directions in which the Commissioners could move: 1) find a replacement to fill the Manager's position, 2) break the responsibilities into more than one job, and 3) hire no employees directly, but try to contract for necessary services. He also acknowledged Mr. Jones' recom- mendations. Blum briefly described the situation that exists at the Ames Airport. He expressed reservations about the hiring of less than a full- time "manager.” All agreed on the slim probability of finding another manager who would and could serve so faithfully as has Zehr for the past eight years. Zehr recommended the job be split into at least one and one-half permanent positions. Ashby suggested they first devise a plan for snow removal from March 7 through the spring season. It was decided any emergency could be handled by Frantz Construction Company. The group then proceeded to define the administrative portion of the position. Foster expressed concern that the Commission have a full-time employee on site, even during the transition period. Zehr said certain responsibilities must be performed every day, for instance the runways must be checked and cleaned of debris every morning. There was lengthy discussion about the importance of necessary mechanical abilities versus administrative skills. Foster moved to develop a job description and advertise for a full-time airport operations manager, seconded by Ashby, and all members voted to do SO. Blum and Lewis agreed to work up the job description, to be circulated among the Commissioners and published as soon as possible. It was agreed to utilize the part-time employee, Dave Brenneman, as needed during the interim between Zehr's departure and the hiring of the new operations manager. PUBLIC INFORMATION AND INPUT: Dave Houston encouraged the Commission to try to find an individual with the qualifications to fill Zehr's shoes, as nearly as possible. ADJOURNMENT: The meeting was adjourned. Recorder: Priscilla Wright. MINUTES IOWA CITY AIRPORT COMMISSION MARCH 3, 1988 MEMBERS PRESENT: Lewis, Blum, Foster, Ashby MEMBERS ABSENT: Ockenfels STAFF PRESENT: Zehr, Sueppel, Wright GUESTS PRESENT: Roger Wolf, Ron O'Neil, Ron Boose, Dwayne Uitermark Chairman Lewis called the meeting to order at 5:15 p.m. Attendance and guests were noted. OF CITY APPLICANTS FOR Al Zehr distributed copies of six applications from City employees for the Airport Operations Manager position. Four of those candidates were pres- ent. Ron O'Neil indicated his desire for an executive session interview Blum explained that, because of their desire to fill the position quickly, the CO mission had posted the job vacancy to City employees and accepted their applications for interviews before deciding to also advertise the Position. He said the decision to advertise was an effort to give all potential applicants an opportunity to apply and in no way should be interpreted as an indication that the early applicants were not fully qualified or would not be considered equally with later applicants. Blum apologized for the inconvenience caused to those who had cane to the meeting for interviews, and gave them the option of having an interview now or perhaps a second interview after all applications had been reviewed. He also said they could rework and resubmit their applications if they felt they had hurried through them because of the time factor. He emphasized that no offense was intended by the decision to advertis Three of left the interview delay the e. the applicants decided to wait until later for interviews meeting. Ron O'Neil indicated his desire to continue with during executive session at this meeting. It was decided executive session until other business had been completed. AIRPORT MANAGEMENT/MAINTENANCE ISSUES: and the to Ashby moved, with a second by Foster, to place ads in three area newspa- pers on Sunday, March 6, 1988: the Des Moines Re ister, the Cedar Rapids Gazette, and the puad-City Times, and to run the same ad in the Iowa City ress- itizen on Tuesday anrW6rsday, March 8 and 10. The motion car- rie was agreed that the wording of the ad would be finalized follow- ing this meeting, and it should specify a deadline of March 18 for submission of the applications. M M tr MINUTES IOWA CITY AIRPORT COMMISSION MARCH 3, 1988 PAGE 2 PUBLIC AND COMMISSION MEMBERS INFORMATION AND INPUT: Foster expressed concern about the cost of the Operating Manager's posi- tion as a City employee, and suggested the job might be contracted in- stead. It was determined, however, that the nature of the job would make it an employee -type relationship. EXECUTIVE SESSION: Blum moved that the Commission go into executive session for the purpose of interviewing Ron O'Neil who had submitted his request for such an interview in writing. Ashby seconded the motion, and it carried unani- mously. FURTHER BUSINESS: In resumption of the regular meeting following the executive session, it was decided to revise the job description for the Operating Manager to read, "Must reside in the Iowa City area, preferably within 15 minutes driving time of the airport." ADJOURNMENT: The meeting was adjourned at 6:45 p.m. Recorder: Priscilla Wright. Im MINUTES BOARD OF ADJUSTMENT PRELIMINARY WEDNESDAY, FEBRUARY 10, 1988 - 4:30 PM CIVIC CENTER COUNCIL CHA14BERS Subject to Approval ME14SERS PRESENT: Mask, Messier, Pelton, Randall, Winegarden STAFF PRESENT: Boyle (arrived at 4:40), Franklin, Hartwell, Rockwell GUESTS PRESENT: Vinod Bhatara, Paula Brandt, Dwight Dobberstein, Christoph K. Goertz, Carolyn Gross, John Gross, Roy Neumann, Ray Parrott, Joyce Popendorf CONSIDERATION OF THE MINUTES OF JANUARY 13, 1988: statedRandall amended toread "Board appro approval this casentence on e might set aarprec dent." Mask moved to approve the January 13, 1988 minutes as corrected. Messier sec- onded, and the motion passed unanimously by a 5-0 vntp VARIANCEITEMS: 1. V-8801. Discussion of a request submitted by John and Carolyn Gross and aid Mary Parrott for variances from the minimum lot area requirements of the RM -12 zone and from the off-street parking regulations of the Zoning Ordinance for property located at 403-405 N. Linn Street. Rockwell presented the staff report stressing that the applicant should demonstrwithate the as is con- tthe intens Intensity to which neighboringrproperties aoreeused, that the character of the neighborhood will not be substantially changed by the proposed rooming house and that the rooming house use will not be detrimental to adjoining properties. Rockwell noted that although hardship was evident the question before the Board was to what degree relief should be given to the applicant and whether the requested variance was excessive. The variance is intended as a device for adjustment of regulations where an ordinance creates unnecessary hardship in unusual cases. Variances are intended to give affected property owners rights as nearly equal as Possible to those enjoyed by others in the same zoning district. Hardsh_ ids Three tests are used to establish unnecessary hardship. First, the prop- erty in question cannot yield a reasonable return if used only for a Purpose allowed in such zone. Second, the owner's situation is unique or peculiar to the property in question and not to general conditions which may reflect unreasonableness of the Zoning Ordinance itself. Third, the hardship should not be of the landowner's own making or of apredecessor in title. The applicants must show that all these elements apply to their situation. three of th 390 Board of Adjustment February 10, 1988 Page 2 Reasonable Use. The size of the subject lot precludes the property from eing used or a_ny purpose permitted in the RM -12 zone. An adjustment of the zoning regulations to permit use of the property is, therefore, justifiable. Any variance granted, however, should be the minimum vari- ance needed that will make reasonable use of the land possible. While the variance is a device that is intended to give affected property owners rights as nearly equal as possible to those of others in the same zoning district, this device is not intended to confer on a property owner special privileges that are denied by the Zoning Ordinance to other properties in the same zone. The applicants maintained that to house fewer than 20 people would re- quire charging rent that would be prohibitive for most people who live in rooming houses. Rockwell stated that the applicant should present spe- cific evidence that substantiates this claim and that demonstrates that less intensive use of the property denies them reasonable use of the land and building. Uniqueness. The applicants argued that their situation is unique in that If use OT the property is restricted to a use of less intensity than a rooming house 20 this otherproperties in theidn neighborhood would arenguish that operating in aerty from similar manner. The applicant should provide information that identifies the degree to which adjacent properties do not conform with the Zoning Ordi- nance uniqueness iofmthe sapplicants' situationoand in determiningethem exte. is inforation wuld e useful in nttof the Zoning Ordinance modifications needed to allow reasonable use of the property which also preserves the existing character of the neighborhood. Self -Imposed Hardship. The circumstances affecting the applicants do not result frank eir own actions. Instead, the structure's status as a legal, non -conforming, rooming house was lost by the present property owners' failure to occupy this structure for one year. In spite of notice by the City that the owners risked losing their non -conforming classification, the property owners chose not to make the improvements needed on the property that would have enabled them to continue operating the building as a roaming house. Any hardship the present property owners experience with respect to use of the property as a rooming house is, therefore, self-imposed. The owners do experience a unnecessary hardship, however, from the pro- spective that the size of the lot hinders use of the property for any use allowed in the RM -12 zone. This condition is not self-inflicted. Staff Recommendation While it is evident that the property owners experience hardship insofar as the minimum lot areas prescribed in the RM -12 zone preclude use of the subject property for any use allowed in that zone, sufficient information has not been submitted to permit staff to recommend appropriate uses for that parcel. The Board's decision regarding the request before it to reduce the lot area required for a 3,580 square foot rooming house from 29,562 square feet to 3,850 square feet and to reduce the number of 3940 w Board of Adjustment February 10, 1988 Page 3 required off-street parking spaces from 18 to zero should be considered in light of the information presented to the Board by the applicants regarding the intensity to which surrounding properties are used and the degree to which the property must be used to allow a reasonable return. Discussion John Gross distributed a map depicting lot size, use and tenant densities in the neighborhood. He stated that allowing the property to be used as a rooming house for 20 people was consistent with the uses of adjoining properties. The rooming house to the north has between 9 and 12 tenants. The second property to the north, which has a lot size of 2,064 square feet, has three apartments. The property to the east has three apart- ments on a lot size of 2,712 square feet. Across the street there are four apartments that allow up to five tenants each. Gross said that there are between 12 and 16 tenants housed on that property. Gross stated that these examples illustrate property usage in the neighborhood ranging from single family residences to apartments and boarding houses. Randall asked if any neighbors did not provide parking. John Gross stated that he had not addressed this issue but was confident that some neighbors did not provide parking. Carolyn Gross distributed information on the economic feasibility of the property as a rooming house. She stated that 20 tenants are needed to make the property a financially viable investment. At $160 per month, 10 renters would generate $16,000 a year. This would create a deficit of $3,294 per year, not including the depreciation. Fifteen renters at $150 per month would generate $22,500 per year, which would provide only a 3% return on their investment. Only 20 renters at $140 per month would provide an adequate return of 8.8%, or 28,000 per year. Carolyn Gross compared that rate of return with an 8.5% minimal risk bond. Carolyn Gross stated that it would cost $100,000 to purchase, renovate and furnish the property. Presently, they have $20,000 to invest, which means they need a loan of $80,000. Carolyn Gross said they could not obtain this loan from the bank unless they have 20 renters and an 8.8% return on their investment. Carolyn Gross stated their calculations were based on 10 month school leases at a 10% vacancy rate and two month summer leases at 50% occu- pancy. She also stated that the residents would include a resident man- ager and 19 renters. Randall asked what the purchase price of the building was. Carolyn Gross stated that the property would cost $67,000 and renovations would run another $20,000. Pelton asked what the Gross' interest was in the prop- erty. Carolyn Gross replied their purchase offer was contingent upon obtaining the variances in question. Pelton asked legal counsel if this provided appropriate standing to present the application for the variances to the Board. Boyle stated when there is a contract to pur- chase the property, there is sufficient standing. 1390 Board of Adjustment February 10, 1988 Page 4 Ray Parrott stated that the building would be used as a Russian House for students. Parrott stated that he had conducted surveys through the Dail Iowan and the Press -Citizen and found that the average cost of a sing e roan was $158 per month. The Russian House would charge $140 per month for 10 months with no damage deposit required and no utility payments charged. There would be common areas, kitchen facilities, and a base- ment, among other amenities. Parrott said that the surveys found that students were willing to pay between $140 and $160 per month for shared facilities. Carolyn Gross stated that the property's use and characteristics were consistent with the neighborhood. As early as 1914, one side of the duplex was used as a University dormitory, and a single family use occu- pied the other side. By 1950-1960 the entire building was being used as a rooming house. Mask asked if use of the property for 20 tenants was consistent with the densities of surrounding properties. John Gross replied that considering the difference in lot sizes, the densities were proportionally similar. Dobberstein, 326 N. Linn, stated that the North Side neighborhood is in the process ot establishing a Historic District. At a Historic Preservation Commission meeting, it was pointed out that this neighbor- hood was downzoned to preserve the neighborhood and prevent overcrowding. He thought that 20 people residing at one property would disrupt the neighborhood's character. He also stated that many of the surrounding homes were single family units with private parking and garages provided. Dobberstein said that off-street parking is a problem in the area and that an additional 20 people and cars would only intensify the problem. Paula Brandt, 824 N. Gilbert, stated her interest in historic preserva- ion o t e property an in seeing the "eyesore" upgraded. Brandt said she had some concern about allowing 20 persons to reside at the property, but didn't want it to continue to be boarded up or to be torn down. Claudia Goertz, 416 N. Linn, asked what alternatives existed if the variances—were not gran e ; would the property remain boarded up or could a modern building which did not conform to the neighborhood's architec- tural style be constructed? Boyle replied that the owners could demolish the building and construct another. Boyle also stated that certain laws on abandoned buildings existed and a building could not stay boarded up indefinitely. Franklin added that a variance would be needed to permit aM use of the property. Goertz said many single families with small children live in the neigh- borhood. The area was downzoned, Goertz stated, to guarantee that low density would be preserved. if one house has 20 tenants, noise as well as parking would become a problem. Parrott stated they intended to maintain the exterior appearance and were willing to stipulate in the lease that tenants would not have cars. Parrott stated he did see parking as a problem, but his main problem is making this property self-sustaining. He said that other colleges with 396 P Board of Adjustment February 10, 1988 Page 5 Russian Houses have successfully had 20 to 30 tenants. However, Parrott stated that he did not want to lock the property's use strictly to that of a Russian House. Carolyn Gross pointed out that the property had been used as a rooming house since the early 1900s. The variance was needed because the non -conforming use was not maintained after the August, 1984 fire. Carolyn Gross stated she had talked to a past owner who said she typi- cally had 18 to 20 tenants each semester. Carolyn Gross asked if they could have a continuance so the Board could tour the interior of the structure and see that 20 people could be housed comfortably. She stated that if the building was to be preserved, it must be made profitable. Messier stated that viewing the interior would have little bearing on the Board's decision. Mask stated she was concerned about the lack of parking and how one would stipulate a "no cars" clause in the lease. Parrott replied that his survey of Russian language students had shown that four out of five did not have cars in Iowa City. Carolyn Gross stated that they were willing to accept the variance with the condition that tenants would not have cars. Brandt asked how the parking condition would affect future owners and non-Russian students. She stated that these stipulations would be hard to maintain four to five years down the line. Parrott replied that they had been looking for a Russian House facility for some time and it was highly unlikely that this property would be sold in the near future. Boyle replied that any restrictions and variances are tied to the prop- erty and would affect future owners. Pelton said he was also concerned with how the intended use would be affected when the property was sold. He said that two substantial variances were being requested. He said although he understood that 20 tenants were needed for economical reasons, he had reservations about allowing 20 people in this building. Pelton questioned if the variances were in the public interest of the neighborhood and stated that zoning should protect the rights of others. If a hardship existed, it was the present owners' fault because they had not maintained the legal, non- conforming use. He posed the question of whether the variances were adding to the overcrowding and parking problems, or creating a solution for the property. Messier agreed that 20 people was high for one building, but that a va- cant, boarded -up building, created an eyesore and detracted from the surrounding environment. He said the problem could be resolved by allow- ing people to utilize the property. He stated that a lease restriction stating tenants could not possess cars should solve the off-street park- ing problem. Although it is a drastic modification of the Code, the alternative, which is a vacant building, is worse. 3 90 Y Board of Adjustment February 10, 1988 Page 6 Pelton questioned whether this was the only potential offer for use of the vacant building. Mask stated that any use would require a variance and that the Board might miss an opportunity to make a vacant building viable. Winegarden asked if a lease restriction concerning automobile ownership was legal. Boyle replied that it was. Mask stated that there might be problems enforcing this lease restriction. Boyle replied that having a car would be a default under the lease agreement and that the tenant could be evicted. Messier added that the City presently has a hard time enforcing lease restrictions and Code violations. Pelton stated that the Parrotts and Gross' were creating a self-imposed hardship with their offer on the property since they do not have any risk involved. He stated that they were not the present owners, just poten- tial buyers. Boyle stated that the real hardship related to the lot size and the inability to use the property without a variance. Messier moved to approve a request submitted by John and Carolyn Gross, and Ray and Mary Parrott, for a variance to allow property located in an RM -12 zone at 403-405 North Linn Street to be used as a roaming house for up to 20 tenants, subject to the following lease restriction: Tenants may not have cars in Iowa City unless they have leased a private parking space. Winegarden seconded. The motion passed by a 4-1 vote with Pelton voting against the motion. Mask moved to approve a request submitted by John and Carolyn Gross, and Ray and Mary Parrott, for a variance to allow property located in an RM -12 zone at 403-402 North Linn Street to be used as a rooming house with no off-street parking requirements. Winegarden seconded. The motion passed by a 4-1 vote with Pelton voting no. SPECIAL EXCEPTION ITEMS: 1. 5E-8713. Discussion of an application submitted by Tonita Rios for a specTaT exception to reduce the number of required off-street parking spaces for a use in the CO -1 zone located at 626 E. Bloomington Street. Rockwell presented the staff report. In September 1987, Ms. Tonita Rios submitted an application for a special exception to reduce the required number of off-street parking spaces for a medical office use on property located at 626 E. Bloomington Street. The site plan for parking submitted with the application designated one parking space in the front yard and one space at the end of the driveway to the east of the structure at 626 E. Bloomington Street. As staff investigated the request for reduced parking, it became apparent that the proximity of the property to an R zone precluded parking in the front 390 Board of Adjustment February 10, 1988 Page 7 yard. The Zoning Ordinance specifies that .,in residential zones and in the commercial and industrial zones within 50 feet of a residential zone, no parking shall be permitted in the front yard." The boundary line for an M-12 zone exists 40 feet east of the property in question on the right-of-way line of Dodge Street. Because the Comprehensive Plan as well as the CO -1 zone of the properties on Bloomington west of Dodge Street indicate a desire by the City to have these properties redeveloped for office use, staff advised the applicant to defer Board of Adjustment consideration of her request pending remedy through an Ordinance amendment. It is anticipated that Council will give final approval on February 23, 1988, to an Ordinance amendment regarding off-street parking require- ments. The amendment would allow for up to one-half instead of one-third of the parking spaces to be allocated for compact cars, and would reduce the length of standard parking spaces from 19 feet to 18 feet. Council approval of this Ordinance amendment would allow the applicant to provide off-street parking spaces to the rear of the structure, thus eliminating the need to consider front yard parking. The applicant was requesting a special exception to reduce the required number of off- street parking spaces from five to three. Section 36-58(a)(2)m. of the Zoning Ordinance pertaining to off-street parking requirements for offices -clinics: "Two parking spaces for each office, examining and treatment room provided, however, there shall not be less than five spaces." The applicant proposes to provide three of the five required off-street parking spaces at the rear of the property. The applicant is requesting a 40 percent reduction in parking require- ments. Ms. Rios indicated on the application that the office use of Dr. Bhatara would be limited to one consultation room and an area for a secretary. The doctor would see only one patient at a time with the office open only on Saturdays for four to six hours. It is staff's opinion that even if Dr. Bhatara were to expand the number of days and hours of his psychiatric practice at the Bloomington Street location, the provision of three parking spaces should be sufficient to ensure adequate parking and prevent congestion of streets with parked cars. Requiring five spaces would appear to be unduly restrictive. The number of offices and staff members cannot be increased nor can the property be used as a residence in addition to Dr. Bhatara's practice without re-evaluation of the parking requirements and the provision of additional parking spaces. If the Board approves the special residential to commercial -office use the Board consider imposing several a reduction in parking: exception allowing a conversion of to proceed, staff recommends that conditions concomitant with allowing u's Board of Adjustment February 10, 1988 Page 8 1. Because the property is surrounded by single-family residences, the Board may wish to encourage vegetative screening, if feasible, along the rear lot line. 2. Staff recommended that the parking surface be pitched to minimize drainage to the north and west, and that curb stops be placed on the edge of the parking surface along the property lines on the east and west. 3. The special exception should be clearly limited to the use of the property for one psychiatric medical office with secretarial support. No additional staff or greater number of offices should be allowed, and the structure should not be used as a residence. 4. A certified copy of the special exception with its specific terms and conditions should be recorded in the Johnson County Recorder's Office before the City issues any building permit or Certificate of Occu- pancy for medical office use for property located at 626 E. Bloomington Street. The Commercial Office Zone is intended to provide specific areas where office functions, compatible businesses, apartments and certain public and semi-public uses may be developed. Both the Short -Range and Long -Range Comprehensive Plan designate the area near Mercy Hospital as a location for office development. Granting the special exception would be in accordance with the Comprehensive Plan and with the intent of the CO -1 zoning for the area. Discussion. Dr. Vinod Bhatara stated that the building at 626 E. Bloomington would be used as a psychiatric office. He said he presently parks at Mercy Hospi- tal, and would continue to do so. He also said that if parking became a problem, his secretary could also use the Mercy Hospital parking lot. Randall asked if anyone else would occupy the building. Bhatara replied that he thought not. Randall asked if the garage would be demolished. Rockwell replied that it would and that the back porch would also be modified. Randall asked if the psychiatric office would only be open on Saturdays. Bhatara affirmed, stating that he only saw patients on Satur- days. Mask asked if client appointments overlapped. She also asked if the Board could consider the Mercy Hospital parking lot as an alternative parking source for the secretary. Rockwell replied that they could not consider Mercy as an alternative parking source because it is over 200 feet from the proposed psychiatric office. Mask asked what would happen when the property was sold. Boyle replied that the special exception only applied to that particular use and would not apply to other uses. Winegarden stated that Mercy Hospital intended to support the conversion of nearby residences into medical offices. 390 Board of Adjustment February 10, 1988 Page 9 Pelton moved to approve the requested submitted by Tonita Rios for a spe- cial exception to reduce the number of required off-street parking spaces from five to three spaces for use in the CO -1 zone located at 626 E. Bloomington Street, subject to the following conditions: 1. That appropriate screening, drainage, and parking surface curbing are provided. That the use of the property is limited to one psychiatric, medical office with secretarial support, and That a certified copy of a specific, special exception be recorded at the Johnson County Recorder's Office. Messier seconded. The special exception passed by a 5-0 vote. 2. SE -8801. Discussion of an application submitted by the Beta Zeta Chapter o t(e Kappa Kappa Gamna House Board Corporation for a special exception to modify yard requirements in the RNC -20 zone for property located at 728 E. Washington Street. Rockwell presented the staff report. The Kappa Kappa Gamna Sorority, located at 728 E. Washington Street, was requesting modification of the front yard requirement along Lucas Street in order to permit enclosure of an existing porch and deck area which extend into the required front yard. The open deck is located on top of a ground floor story immedi- ately north of the east wing, which is used as an informal TV room by the sorority. The proposed renovation would actually be a vertical extension of the existing structure. The structural alteration would not encroach any further into the required front yard than the existing building does. The renovation would not increase the number of residents in the soror- ity, but would enlarge the formal living room space "to enable present members to be seated together." The size of the proposed addition is 15'3"x24'6" or 373.6 square feet. The addition, which would add space to the formal living room area, would encroach into nearly the entire 20 feet of the required front yard --just as the adjacent, existing non -conforming informal TV room does. The applicant is requesting that the Board grant a special exception to reduce the front yard requirement from 20 feet to 3 feet in order to proceed with the renovation described above. Section 36-13(e)(5) of the Zoning Ordinance specifies that a 20' front yard is required in an RNC -20 zone. Because the property is located on a corner lot, the frontage on Lucas Street as well as the frontage on Washington Street must comply with the front yard requirements. Yard dimension standards are established in an RNC -20 zone to preserve the residential character of the zone, to minimize the sense of over- crowding and the appearance of congestion, to assure adequate light and air to adjacent properties, and to buffer residential uses from street traffic. Further, it is the specific purpose of the RNC -20 zone to preserve the character of existing neighborhoods. 3 94 Board of Adjustment February 10, 1988 Page 10 Additionally, a Zoning Ordinance amendment approved by City Council on December 22, 1987, affirmed that the intent of the Ordinance to require a showing of special circumstances for yard modifications. Section 36-69(b) now specifies that "A special exception may be granted by the Board of Adjustment modifying yard requirements when the owner or lawful occupant of property demonstrates that such person's situation is pecu- liar to the property in question, rand] that there is practical diffi- culty in complying with the dimensional requirements of the Chapter..." The specific area being considered for renovation and enclosure, and for which a special exception is being requested, protrudes into the required yard to within three feet of the Lucas Street right-of-way line. Section 36-69(a) allows for sane flexibility in setting the minimum front yard line, "or at least 50 percent of the lots along the frontage are occupied by buildings that deviate and set back more than five feet from the required front yard..." Section 36-69(a)(2) states: "[I)f all the buildings are located more than five feet closer to the street than the required front yard, the front yard shall be established five feet closer to the street than the required front yard." In this case, the principal buildings on the two lots fronting Lucas Street north of the Kappa Kappa Gamna House are not closer to the street. They are located ten feet back from the required front yard line; that is, 30 feet back from the Lucas Street right-of-way line. The predomi- nant setback from this frontage would argue more for setting the front yard line further back from the right-of-way line than for granting a special exception to decrease the minimum front yard requirement from 20 feet to 3 feet. Concerning frontage setback requirements, however, there are mitigating factors specific to the applicant's property which should be considered. The east elevation shows a dramatic slope downward toward Ralston Creek to the north, a drop of 30 feet in less than a block. The vertical tilt of the site line along the frontage lessens the visual impact of the proposed construction, which in itself will not create an obstruction beyond that which already exists. The renovation would take place paral- lel to and would not extend beyond the existing east wing. No increased visual impairment of the frontage area would occur if the special excep- tion were granted. Although the east wing and proposed addition to the residence are located three feet from the Lucas Street right-of-way, it should be noted that this easternmost edge of the house is 28 feet back from the curb. This distance between the structure and the street should sufficiently "buffer residential uses from street traffic." These issues are of particular concern in the RNC -20 zone which purports to "preserve the character of the existing neighborhood." The nature of the proposed addition, which 1) has been designed in architectural har- mony with the existing structure, 2) would not increase the density of the use, 3) would be a small addition to a relatively large structure, 390 I Board of Adjustment February 10, 1988 Page 11 and 4) does not extend further into the required front yard than the existing residence, should pose no harm to the "character of the existing neighborhood." Staff recommended approval of the requested special exception to reduce the minimum front yard required along Lucas Street from 20 feet to 3 feet for property located in an RNC -20 zone at 728 East Washington Street with two conditions: 1) that the modification only apply to the 25' length of frontage abutting the proposed addition as shown on the site plan, and 2) that a certified copy of the special exception be recorded in the Johnson County Recorder's Office before issuance of a building permit for the proposed addition. Discussion. Messier asked if staff had received any phone calls concerning the spe- cial exception. Rockwell stated that staff had received approximately five calls, and all callers favored approving the requested special exception. Randall said that the addition seemed to fit into the surrounding land- scape and architecture. Winegarden said he thought that the addition would be an improvement to the site. Mask stated she approved of the addition since the porch intrusion already existed and since the steep hill effect created a natural barrier from the street. Mask asked if they were proposing a doorway in the extension. Joyce Popendorf, project architect, replied that no doorway was planned and what appeared to be a doorway was merely a window archway tieing the addition to the rest of the building. Mask asked what type of vegetation would exist around the addition. Roy Neumann replied that specific improvements on the building foundation and of the exterior landscaping would be made. Mask moved to approve a request submitted by the Beta Zeta Chapter of the Kappa Kappa Gamna House Board Corporation for a special exception to modify the front yard requirements from 20 feet to 3 feet in the RNC -20 zone for property located at 728 East Washington Street, subject to the following conditions: 1. That the modification apply only to the 25' length of frontage abut- ting the proposed addition as shown. on the site plan "Filing Date Stamped December 14, 1987," and 2. That the certified copy of the special exception be recorded in the Johnson County Recorder's Office before the issuance of a building permit for the proposed addition. Motion carried 5-0. [Di 4 .V Board of Adjustment February 10, 1988 Page 12 BOARD OF ADJUSTMENT INFORMATION: Rockwell distributed a proposed Ordinance amendment to Chapter 36-68, Permit- ted Obstructions in Yards, to permit gas pump canopies. She stated that final Council approval was anticipated on February 23, 1988. ADJOURNMENT: Pelton moved to adjourn. Winegarden seconded the motion. The motion passed by a 5-0 vote. The meeting adjourned at 6:25 p.m. Minutes submitted by Mimi Hartwell. Robert nda 1, Chairperson Karn Franklin, Secretary 390