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HomeMy WebLinkAbout1988-09-20 Bd Comm. minutesMINUTES IOWA CITY HOUSING COMMISSION AUGUST 9, 1988 IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Hulse, Coty, Parden, Moore, Stadtlander MEMBERS ABSENT: Dawson STAFF PRESENT: Barnes, Nugent, Seydel, Stroud OTHER PRESENT: None MEETING TO ORDER: 9:03 AM MINUTES: Motion to approve the July 12, 1988 minutes was made by Hulse, seconded by Parden, carried 5-0. HOUSING/RENTAL REHABILITATION - Barnes - 210 1/2 South Clinton (Rental Rehab - Deferred Payment Loan) This property is a duplex with commercial space on the first floor. The other half of the duplex at 212 1/2 South Clinton was previously approved for a Deferred Payment Loan March, 1988. Amount requested is $17,000.00. This is based on the new maximum of $8,500/3 bedroom unit. Motion to approve the loan in the amount of $17,000.00 was made by Hulse, seconded by Coty, carried 4-1, Moore opposed. COORDINATOR'S REPORT - Seydel "Streamlining the Housing Rehabilitation Program" Memo to City Council. I i Nugent and Barnes were present to explain reasons for the request to eliminate the review of rehabilitation applications by the Housing Commission in order to expedite the application process. - Housing Rehab program began in 1970's but it was not until late 1979 that the Housing Commission became involved in the review process due to the fact that only one staff person was then involved in the rehab program. There now exists within the department several experienced staff persons involved in the preparation and review of the rehab applications. - Housing k Inspection Services provides helpful inspections. - A system of checks and balances exists. Applicants can appeal to the City Manager. Page 2 Housing Commission Meeting 8-9-88 Housing Commission meets once a month, which can mean a delay in the approval of applications. - Currently Iowa City is the only city in Region VII requiring someone other than staff to approve applications. The consensus of the Housing Commission was that the current procedure for application approval should not be changed. Comments were: -More citizen involvement is better in making decisions for how the money is being spent as on other Commissions i.e. CCN, Riverfront, etc. Decisions for approval need to have private sector involvement. - Staff preparation time (copying) for the Housing Commission is minimal. Copies need to be made anyway and no staff people would be eliminated. - Housing Commission does not question the ability of Housing Rehab staff and has complete confidence in their performance, but believes City staff approval only is not enough. A system of checks and balances is needed. - Housing Commission does not feel that a 30 -day delay in approval is excessive even though they understand persons who make bids may not be able to hold bids for 30-60 days or more. (Housing Commission meets once a month.) Moore will express these concerns and complete Commission consensus to keep the Housing Commission as part of the procedure to the City Manager today. Annual Contributions Contract Amendment for Certificate Program.-Seydel Amendment RI to Annual Contributions Contract 8KC9022E (dated 2-2-87) to increase the Contract Authority is on Council Agenda for 8-9-88. Approximately $500,000 more is needed each of the next two years thru 6-30-90. (End of first 15 years). Another two-year extension will be requested at that time. It is possible that at the end of the 15 years the Certificates will be transferred to Vouchers. Eventually monies may be in the form of Block Grants, Section 8 and Public Housing Update - Seydel End of Year (FY88) Reports have been submitted to HUD. Residual income in the amount of $3759.08 for Public Housing has been returned to HUD. Trial for Doris Johnson re: definition of Remaining Member of a Tenant Family will be held sometime after September 5, 1988. So far all injunctions and restraining orders have been denied by a Federal Judge. Definition of Family as used by the Iowa City Housing Authority is being used for the first time in 24 CFR relating to elimination of fraud. /38� Page 3 Iowa City Housing Commission 8-9-88 Public Housing income for July rent was $9112.00. Two move -ins in July one in August and one move -out scheduled for end of August. Section 8 Housing Assistance Payments for August, 1988: 193 Vouchers $57,039.00 456 Certificates $103,972.00 Fifty-three (53) applications submitted for approval. ADJOURNMENT Motion to adjourn at. 10:05 AM was made by Hulse, seconded by Stadtlander, carried 5-0. APPROVED BY: Benjamin J. Moore, Chairperson MINUTES RESOURCES CONSERVATION COMMISSION JULY 11, 1988 MEMBERS PRESENT: Moreland, Throgmorton, Wittig MEMBERS ABSENT: Pelsang, Duffy STAFF PRESENT: Schoenfelder CALL TO ORDER: The meeting was called to order at 7:50 p.m. by Moreland, Chair. APPROVAL OF MINUTES: Minutes of May 9, 1988 were approved as submitted. PUBLIC AND MEMBER DISCUSSION: No general public in attendance. COMMITTEE REPORTS: Waste to Enerav The discussion focused on the availability of a student intern and the type of work suitable for an intern. Throgmorton pointed out that no interns were available in the summer months. He suggested should an intern be available in the fall the intern could investigate one of four possible scenarios of the economic implications of waste reduction strategies. These are the economics of: a. Landfill b. Waste to Energy c. Recycling d. Source reduction Moreland suggested an intern could also investigate the status of PURPA. Another topic would be an investigation of EPA regulations on Waste -to - Energy ash disposal. Throgmorton will investigate the availability of a student intern this fall. Wittig suggested the RCC focus on one aspect of the waste problem such as plastic milk containers and get area schools to research the entire scope of the product from production to potential recycling. This would educate students to the problems and then get them thinking of possible solutions. No further action was taken. ELECTION OF OFFICERS: Postponed. /3Lfs 6 MINUTES RESOURCES CONSERVATION COMMISSION JULY 11, 1988 PAGE 2 OTHER BUSINESS: Wittig suggested as a future project the RCC investigate the development of bicycle paths in Iowa City for recreation and energy conservation. No further action was taken. ADJOURNMENT: The meeting was adjourned at 8:35 p.m. /385 4JW)) MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION WEDNESDAY, AUGUST 17, 1988 - 5:15 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Justis, Hall, Patton, Detroit MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Melling, Cerretti, Bailey, Sueppel OTHERS PRESENT: Susan McGuire, Dewey McGuire, Steven Cree, Mark Settle, Linda Cochran, Chuck Scott, Bill Blough, John Hess, Dan Daley, Joan Jehle RFCOMMENnATTnNs Tn rTTv rnnurii• [l , OV_W_FO9,M4LACjMN JM Moved by Hall to accept the 1988 Cable TV Triannual Review Report. Seconded by Detroit, unanimously approved. There was discussion concerning the NPO with Susan Buske, from California, outlining possible methods in setting up an NPO for the BTC. Buske suggested a two-step process in the form of outlines. The first outline concerned what kind of NPO the City wants. Possibilities included a sole purpose access NPO corporation; the second outline involved determining the NPO Board structure. Buske suggested ways of finding who is interested in NPO management. Buske proceeded to lay out considerations involved in the transition of management process from cable company to the NPO. NPO discussion continued with Mark Settle, Community Resources Development Specialist, from Iowa State University. Settle suggested the BTC needs to make a few preliminary decisions before a meeting is scheduled with possible NPO's interested in NPO management. Hall moved to accept a suggestion made in reference to mailing a short questionnaire to all existing NPO's in Iowa City to inform these groups of what the City is j considering and to get these groups input. Patton seconded, motion approved with Detroit abstaining. Shaffer reported nine complaints. Shaffer distributed an Annual Report from the Iowa City Public Library's AV Lab. Proposed changes in the guidelines for the CPC were discussed. Hall moved to adopt the changes in the cablecast request form. Seconded by Patton. Approved, with Detroit abstaining. Blough reported an increase in work orders. Blough also suggested he and Shaffer review the Heritage settlement in order to reply to increasing questions concerning the NPO. The meeting was called to order at 5:20 p.m. /38� 9 I MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION AUGUST 17, 1988 PAGE 2 I i APPROVE BTC MINUTES: Moved by Patton, seconded by Hall, to approve the July 20, 1988, BTC meeting minutes. Unanimously approved. f ANNOUNCEMENT OF COMMISSIONERS: None. PUBLIC ANNOUNCEMENT: Susan McGuire, from Access Iowa City, in cooperation with Heritage Cable and the City of Iowa City, is sponsoring a pre -planning workshop for participants in Community Access Week for November 7-12, 1988. Shaffer, Hess, Allaire and McGuire will be conducting the workshops for 20-30 volunteer agencies. TRIANNUAL REPORT: Moved by Hall to accept the Triannual Review Report of the BTN (Broadband Telecommunications Network) as presented. This report will be submitted to the City Manager's office and City Council. Second by Detroit. Unanimously approved. NPO DISCUSSION: A. Sue Buske Sue Buske, President of The Buske Group, a cablecasting agency in California, outlined possible methods of setting up an NPO for the BTC. Buske suggested two umbrella tasks or two outlines that would enable the BTC to determine what kind of NPO is best noted for this community. The first outline concerns looking at the and deciding what kind of NPO the community wants. 1. Consider a sole purpose access corporation. This is an NPO organization specifically set up to serve as an access management entity within the community. 2. Look at existing NPO's in Iowa City. Have those interested in performing the role of NPO access layout submit a proposal or request to become the entity. 3. Look at the library as a possible entity for the NPO. Technically, the library is not an NPO, so they may need to establish a separate board in order to become the access management corporation for the NPO. The BTC could in turn assist in developing the guidelines for them to follow. After deciding the kind of NPO best suited for Iowa City, a board structure needs to be developed: 1. One possibility is where the board is elected by the membership of the NPO. 138L MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION AUGUST 17, 1988 PAGE 3 2. Members of the Board could also be appointed to the NPO, so the Board would consist of appointees from other umbrella or interested organizations. For example, the Iowa Arts Council could have an appointee that would sit on the board of the NPO. It is important for the BTC to make sure the Board is broadly represented. Buske has seen two other board structures. One, the entire board is elected or appointed by the City, although some legal concerns with this approach have occurred in the California area. Another may be a temporary board appointed by the City for a 12 -month period to create stability until a board was decided upon and set up. For clarification, Hall asked, If there is a sole purpose NPO, does this eliminate the need for an RFP? Buske replied by saying yes. Shaffer asked Buske what the legal and operational responsibilities are for the sole purpose access corporation. Buske responded that a contractual relationship between the NPO and the City and/or possibly the cable company would exist. The contract would lay out the responsibilities for the entity responsible for NPO. These responsibilities may be the equivalent of the contract of an RFP response. Detroit asked Buske who would appoint the board? Buske commented that usually several umbrella organizations would appoint one person to represent their group on the board. The umbrella organizations could be set up in the by-laws of the NPO. The by-laws could be written and approved by either the BTC, City Council or possibly both. Buske mentioned that the process of delivering an NPO structure and Issuing an RFP, or access management transfer typically takes nine months. Buske has found the sole purpose NPO's are usually more successful. Buske suggested ways of finding out who is interested in NPO management including: 1. Hold a meeting for all NPO's and layout what access is and what it means. Query who is interested in managing access. 2. Mailing an informational questionnaire which would involve outlining the NPO and asking for level of interest. Detroit asked Buske what she would have to offer the BTC in the development of an NPO. /38G 9 MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION AUGUST 17, 1988 PAGE 4 Buske commented that first she would offer an orientation to the BTC i on the NPO process, whether it be working with an existing NPO or starting a sole purpose access. Next, she would cover the transition process. Third, a plan for working forward. The work plan for a sole purpose would set up the timetables, responsibilities, and board structure. Buske would exist in finding and developing information for the by-laws. Buske could then develop a draft to be approved by legal staff. Buske could also aid in the process of setting up the NPO board. If a RFP approach is decided upon, Buske would set up the first meeting with the BTC giving information needed to make a decisions about what to include. Secondly, she would assist in structuring a process to inform other NPO's on how to apply and help in preparing a RFP. Buske could also help evaluate the proposals received by the BTC from existing NPO's in response to questionnaires. An approximate total of three days would be needed for her first visit and possibly a second trip would be necessary. Buske proceeded to lay out an outline for the transition process an NPO needs to consider when going from cable company to NPO request. i The following are example considerations: I. Tape playback: Who is going to maintain playback responsibility? Is locale going to change? Who is scheduling cablecast? Who will maintain liability insurance? II. Production equipment: Who will own the inventory? Who is paying for repairs? Also, what condition is the equipment in? Who supplies list of inventory? III. Access facilities: Who will pay for the existing facility or new i facility, if needed? IV. Operational funds: Need to consider contract obligation. What are the payments and to whom? V. Access management contract: Who are parties to the contract? What are the contractual obligations? VI. Staff: Will the NPO keep the existing staff, or will they hire a new one? Blough believes the first payment from the company will be sent when the NPO starts. B. Mark Settle, Community Resource Development Specialist, ISU: fSettle believes the process can actually be a fairly simple one. He agreed that a public meeting is an important method of obtaining community interest for the BTC to evaluate. Settle offered assistance in structuring questions for a questionnaire for the NPO's. / 38G N MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION j AUGUST 17, 1988 PAGE 5 Settle is also available to the BTC for needs assessment and data analysis assistance. Daley added his support for simplicity and suggested that the BTC avoid too many limitations. Daley offered notes to Commissioners taken on NPO's from the communications workshop in Tampa in order to assist the Commissioners in their research. Linda Cochran added support for the NPO and the appointed board approach. Settle stated that the BTC needs to make a few preliminary decisions about what kind of NPO is acceptable and board structure before a meeting is scheduled with other NPO's. Cree noted from h phone he areed bringing a arietyoforganizationstt for an NPO aboard ske hatHe believes this would help to involve the community. Justis asked if the BTC could put out a mailing and what would the cost entail. I Shaffer stated the BTC can send out a mailing, given the approval of $4,000 for NPO related work. The library offered access to their computerized mailing list of NPO's for a small fee. Daley added that the public needs to be involved or at least witness the decision-making process of the BTC on NPO related matters. Blough asked what advantage would an existing NPO have in taking on public access. He commented on the value of the sole purpose NPO, stating that their only priority is public access. Susan McGuire asked about the ownership of equipment and facilities of the existing equipment. Blough answered that the equipment in the CPC will remain there for the NPO. The facilities are rented from the library and not part of Heritage. After the transition, Heritage is no longer responsible for the lease with the library. The Commissioners discussed ways of selecting between a sole purpose access corporation, including other approaches such as having an existing NPO take over. They agreed that public input is valuable in the decision. All agreed that sending a questionnaire to existing NPO's needs to be done. Detroit suggested that the BTC send out a short questionnaire to existing NPO organizations in order to evaluate public interest in public access and NPO management. MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION AUGUST 17, 1988 PAGE 6 Hall moved to accept Detroit's suggestion made in reference to mailing short questionnaires to existing NPO's in the area. Patton seconded, approved with Detroit abstaining. Commissioners agreed to a one-page questionnaire with cover letter and a brief history of NPO. Susan McGuire added that at the pre -planning session at the public library, John Hess already has 25-30 agencies participating. They are including a written evaluation with the question: what value do you see public access holding in Iowa City? McGuire suggested waiting until these evaluations are received prior to sending questionnaires out. Shaffer reported nine complaints this month - 4 dealt with rate increases, 4 with service going out, and 1 about obtaining service. Shaffer announced that he has been sent several RFPs, by-laws, and incorporation documents from other NPO's in other cities. He has also received statistics from the Iowa City Public Library sent from Dewey McGuire. The statistics concern AV Lab usage. ROWTURN Shaffer felt a few points needed clarification on the guideline forms for cablecast, proposed by Hess. Points 6, 7, 8, and 9 all dealt with approval by CPC staff. Shaffer suggested Hess clarify who will specifically be the approving agent in each case. The second suggestion made by Shaffer concerned community producer's liability. He stated the proposed changes state community producers are responsible for reimbursing Heritage for any damages arising from cablecasting of their programs. Shaffer believes the 1984 Cable Act took the cable company out of being liable, and therefore such language may not be necessary. Hall moved to adopt the general cablecast form. Seconded by Patton. Approved with Detroit abstaining. Detroit related her dislike of the wording in new cable billing statements where there was reference made to a settlement agreement with Heritage and City of Iowa City. Such statements imply the City agreed to a 5% increase, when in fact the City only agreed to a 2% increase. Concern over the quality of KOCR, a UHF station out of Cedar Rapids, was expressed by Detroit. Blough said he sent letter to KOCR, about these quality problems, but at this time hasn't received any response. He believes their survival is questionable. KOCR has also been having difficulty selling local advertisements. 1384 MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION AUGUST 17, 1988 PAGE 7 Blough reported new construction is about completed. In July Heritage filled 1,900 work orders. In August they anticipate doubling that figure, and by September possibly tripling the work orders. Blough agreed he and Shaffer need to review the Heritage settlement with the City in order to reply to increasing questions with the NPO. Agreement was reached to have Blough, Hess, Shaffer and Detroit meet to discuss the management transition. VIDEO FOR SPECIAL NEEDS REPORT: None. OTHER PUBLIC DISCUSSION: Susan McGuire inquired whether Heritage has plans to move toward a tiering system. Blough responded no and explained they are actually eliminating tiering in other systems. McGuire asked Blough if Heritage had plans to expand cable capability. Blough responded that the cable system as it is is not capable of handling more channels. But future plans may enable cable to expand channels through fiber optics. Susan McGuire asked the Commissioners to look at who has been contributing to BTC meetings and also look at who has been showing up. Justis suggested postponing tour of Heritage facilities due to their increased business. Detroit requested adding the addition of a second access channel to next month's agenda, the expansion of public access. Hall suggested that the BTC send thank-you's to Sue Buske and Mark Settle for their helpful input on NPO's to the BTC meeting. ADJOURNMENT: Moved by Detroit, seconded by Hall, to adjourn. Unanimously approved. Respectfully submitted, Drew fer 'I /386 I 1 MINUTES DRAFT FORMAL MEETING PLANNING 6 ZONING COMMISSION - THURSDAY, SEPTEMBER 1, 1988 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, -Cooper, Dierks, Hebert, Scott MEMBERS ABSENT: Wallace STAFF PRESENT: Beagle, Boyle, Kritz CALL TO ORDER: Vice Chairperson Dierks called the meeting to order at 7:40 p.m. RECOMMENDATIONS TOCOUNCIL: 1. Recommend approval of S-8821, a request submitted by Merlin Hamm for approval of a final plat for Samuel Drive Addition, a 1.94 acre, 5 lot residential subdivision. 2. Recommend approval of S-8823, a request submitted by Sheller -Globe Corporation for approval of an amended preliminary and final large scale non-residential development plan contingent upon revising the plan to be consistent with the approved stormwater management plans. 3. Recommend approval of S-8828, a request submitted by Nagle Lumber Company for approval of an amended preliminary large scale non- residential development plan. 4. Recommend approval of a request submitted by the City of Iowa City, Iowa, to vacate the west 24 feet of Madison Street right-of-way between Market Street and Bloomington Street. S. Recommend approval of an amendment to the CI -1 zone permitting a maximum of 5,000 square feet of manufacturing space in the CI -1 zone as a provisional use with an additional 10,000 square feet permitted by special exception. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion. CONSIDERATION OF MINUTES FOR JUNE 13 1988 AND uO Y 21 1988: Cook moved to approve the minutes of June 13, 1988. Hebert seconded the motion. The motion carried 5-0. Cook moved to approve the minutes of July 21, 199e. Clark seconded the motion. The motion carried 4-0-1, Dierks abstaining due to absence at time of meeting. Chairperson Scott arrived at 7:42 p.m. lov N Planning a Zoning Commission September 1, 1988 Page 2 DEVELOPMENT ITEMS: S-8821. Public discussion of a request submitted by Merlin Hamm for approval of a final plat for Samuel Drive Addition, a 1.94 acre, 5 -lot residential subdivision located -west of Oaklawn Avenue. (45 -day limits - tion period: September 5, 1988.) Beagle reviewed the staff report dated September 1, 1988 and noted that all deficiencies and discrepancies have been resolved and that staff i recommends approval. j Harry Oster, 1437 Oaklawn, stated he did not feel that the proposed ( development was appropriate for the topography of the site. Oster said that the developer was attempting to squeeze too many homes on the 1.9 t acre site. d Jim Spratt, 2119 Davis, stated that he does not feel that the development behind his property is similar to the current RS -5 zoning in the area. ! Spratt stated that the proposal will put five lots on a substantially f smaller area and feels that two lots would be more appropriate. Spratt continued and said that he was concerned by the lack of parking both on driveways in the subdivision and on the hammerhead cul-de-sac and felt that residents and visitors to this subdivision will park on other streets in nearby neighborhoods. Spratt stated that if the Commission does 6 approve this subdivision because it meets the minimum requirements, he could understand that, but felt this proposal did represent a minimum, if not less, and should not be allowed to set a precedent for the area or for Iowa City. Caroline Oster, 1437 Oaklawn Avenue, stated that she agrees with the previous two speakers' comments. j Claudia Horick, 1411 Oaklawn Avenue, presented a map showing the location i of existing trees in the area of the proposed subdivision. Horick explained the methodology used for the tree count and also relayed information concerning the environmental consequences of removing a substantial number of these trees. Robert McKay, 1438 Oaklawn Avenue, stated that he -felt the five houses will be set back substantially closer to the street out of character with the balance of the neighborhood and feared that it would set a precedent concerning the setback of future houses in the area. McKay also said that there would be no parking available on the hammerhead cul-de-sac which is again substantially different from existing neighborhoods. McKay commented that the number of houses on this small area will contribute to the erosion problem and that the developer should think of reducing the number of houses. Jeff Schobelion, 431 Rundell, stated that he is concerned with the erosion potential caused by the construction of houses on such a steep slope. The construction, he said, will require the removal of most of the trees and humus that protects and holds the soil. Schobelion stated that this problem is not just solely the contractor's, but also all of Iowa City's. Schobelion also feels that the hammerhead cul-de-sac represents a very l38% Planning 8 Zoning Commission September 1, 1988 Page 3 poor design and will represent a precedent which would diminish the value of this north side area. Ralph Stoffer, applicant's engineer, stated that he and his client are trying to promote infill development and that this subdivision request represents a change in the neighborhood and that people don't like change. Stoffer concluded by saying that he would be happy to answer any questions. Clark asked whether the old RIA zoning parking requirements were similar to the current RS -5 requirements. Beagle replied that the parking requirements are the same. Clark asked whether the existing neighborhoods in the Oaklawn area are designed with minimum side yards. Stoffer replied that yes they were. Dave Tucker, 1425 Oaklawn Avenue, presented pictures to the Commission of the area of the proposed subdivision and stated that he wished that he would have known of the proposed subdivision earlier and would have been more prepared. Tucker stated that he is not against development but does want to see orderly growth. Tucker continued and said that he feels there could be more done for alerting affected people of subdivision requests in their area. Tucker stated that he feels the developer is trying to put too many lots on too small of an area which has severe topography, thus creating very small front yards. Tucker reviewed the pictures he presented to the Commission. Tucker concluded by pointing out that the storm water collected by the rooftops and drives will erode the slopes and that the developer will try to further develop the area at less than two acres so as to avoid having to provide storm water detention on site. Paul Horeck, 1411 Oaklawn Avenue, stated that he supports what has already been said by neighbors opposed to this subdivision and has written a letter to Chairperson Scott outlining his objection to the proposed development. Horeck expressed his displeasure with not being notified of the first hearing for this subdivision and concluded by saying that the proposed subdivision would result in destruction of mature and valuable hardwood trees. Annie Tucker, 1425 Oaklawn Avenue, stated that she. supported everything that was said by the people in attendance tonight opposed to the proposed subdivision. Margaret Lainson, attorney representing the neighborhood, stated that the neibuttheyood would havesbeentthe presentetom expressat has heir opposition been ifatheyvhad been notified. Lainson stated that she does not share the position that says that the Planning and Zoning Commission must recommend approval of a subdivision if it meets all the requirements set forth in the subdivision ordinance due to the fact that they are only an advisory body. She continued and said that the City Council is the deciding authority and hence will make the final decision. Lainson stated that the proposed subdivision is not appropriate for the area in question and was worried about where children will play given the lack of yards and the lack of a green area typical of a circle cul-de-sac. Lainson also said that the developer owned all the land in the area and has chosen to skirt the Planning 8 Zoning Commission September 1, 1988 Page 4 requirements by only developing 1.9 acres so as to avoid providing storm water detention. She concluded by saying that the Commission, if they do not approve of this subdivision, should let the Council know even though it does meet the minimum requirements. Cook moved to approve S-8821, a final plat for Samuel Drive Addition. Hebert seconded the motion. Dierks asked whether this subdivision, if it were approved, would landlock any land north of this subdivision. Beagle replied that access to that area in question would have to come from the north such as an extension of Virginia Drive. Dierks was concerned about any subsequent subdivision request that would be less than two acres and avoiding the detention basin requirement. Scott commented that this area's development is dependent on access and that the proposed subdivision is unique in having access by an already platted street. Beagle commented that at this point further investigation into the potential development for the balance of the area is required before a definite answer to Dierks' question can be given. Clark suggested that one reason for the hammerhead cul-de-sac design was to reduce the area of paving in order to lessen the erosion potential. Clark continued and said that after reviewing the area, he feels that a detention basin could be easily constructed so he does not feel that the developer has tried to circumvent the requirements. Clark concluded by questioning whether allowing staggered setbacks would set a precedent which he does not feel the Commission wants to do. Cook stated that infill developments often seem to involve environmentally sensitive areas. Cook stated that after reviewing the environmental regulations, he feels they are adequate, but it is not a foolproof process and that the neighbors are important in bringing up issues. Cook stated that he is not convinced that the proposed development will destroy the area and believes that the natural beauty of the area will be protected by the developer due to the economic consideration of selling lots in the subdivision. Scott asked that the legal counsel present address the neighborhood's lawyer's statement concerning the Planning and Zoning Commission's charge in deciding subdivision requests. Boyle reviewed Section 32-30 of the Subdivision Regulations and concluded that the Commission must evaluate and recommend the final plat based upon. compliance with the applicable City codes. Cooper commented that he feels that the area is beautiful and does not feel that five houses can be fit into such an area and will vote in the negative. Dierks commented that she had previously voted for the preliminary plat and that since the environmental regulations are being reviewed, does not feel she can approve of this subdivision request until the new environmental regula- tions are adopted. Hebert stated that he will vote for the subdivision request since there has been substantial development on ridges in Iowa City and feels that the area can be successfully developed. Hebert also stated that he feels that the length of driveways will be adequate for parking spaces; however, he sympathizes with the neighbors for their loss of the park -like area but must also think of future homeowners and their right to enjoy the area. Scott pointed out that all seven Commissioners have visited the area and that he shares the frustration stated by neighbors concerning the posting of subdivision applications. Beagle noted that the posting of subdivision applications started after the /38% Planning 8 Zoning Commission September 1, 1988 Page 5 preliminary plat was approved and after final plat application was already made. Scott stated he apologizes on behalf of the Commission and the City for the miscommunication and asked legal counsel whether the Commission could recommend posting of no parking signs on both sides of Samuel Drive. Boyle replied that yes, if the Commission so desired. Scott noted that the Commission does not have the authority to waive front yard setbacks and that that decision is separate from the Commission's consideration. Scott continued and said that the City Council, as a political body, should address the issues brought up by the environmental concerns committee recommendations, Scott continued and said that the Commission must deal with the regulations that are currently on the books. Citizen desires for stricter environmental standards must be addressed by the City Council. Scott concluded by pointing out two examples of homes recently constructed on steep slopes in response to discussions taking place earlier concerning feasibility of construction on steep slopes. Scott stated that he disagreed with the neighborhood's lawyer concerning the Planning and Zoning Commission's charge for approval or denial of subdivision requests. Scott concluded by thanking those who addressed the Commission tonight. The motion carried 4-2, with Dierks and Cooper voting nay. Z-8810. Public discussion of a request submitted by the University of Iowa Community Credit Union to rezone properties located at 528 and 530 Iowa Avenue and 15 North Johnson Street from RNC -20 to CB -2. (45 -day limitation period: September 26, 1988.) Beagle reviewed the staff reported dated September 1, 1988. Fred Krause, President/Chief Financial Officer of U of I Credit Union, stated that the Credit Union is proud to be a good corporate citizen of this community. In addition to the almost $40,000 a year in taxes it pays to the community, the Credit Union provides employment to over 40 residents. The Board of Directors and staff of the Credit Union are sensitive to the needs of the community and the part they play in it. Krause stated that two important points have been missed in the discussion thus far regarding the expansion request for rezoning. First, he said, the credit union, has never opposed the rezoning of 528 Iowa Avenue from RNC -20 to CB -2 as Mr. Beagle alleged in the Press -Citizen article of August 30, 1988. Mr. Krause said the Credit Union's concern at that time and remains that proper parking requirements accompany any change of zoning use. The Credit Union's development on Iowa Avenue meets the requirements and they expect future developments to meet the requirements also. The second point, Krause stated, is the fact that the University of Iowa Community Credit Union and its officials have always been consistent in their position regarding the future development of the area surrounding the credit union home. In closing, Krause said he doesn't want to sound self-serving when he says that he is personally proud to be associated with a corporate organization such as theirs. In 1974, they acquired five houses on Iowa Avenue. He said the homes were in a very sad state of disrepair. An old French mansard home built in the 1870's was on the corner of Iowa and Van Buren Avenue which the Credit Union spent over 1397 Planning a Zoning Commission September 1, 1988 Page 6 $60,000 refurbishing the home. Krause stated they used the home as their office for five years until they literally grew out of the home. He said the Credit Union made sure it was preserved at a great deal of expense and now sits at 520 Washington Avenue. Krause noted that some of the other houses the credit union acquired have been moved and preserved also. Krause continued, saying acquiring a stately home does not always denote razing, destroying or demolition as the term heretofore used implies. The Chamber of Commerce recognized the credit union several years ago with its "neat and clean" award. Krause concluded by saying that the Credit Union will do their best to be a good corporate citizen in this community and a good neighbor. Gary Appleby, a vice president of the Credit Union, presented information to the Commission at the informal meeting Monday night concerning the past growth of the Credit Union. Appleby pointed out that the Credit Union needs to expand in order to provide quality service to its customers. Appleby stated that the Credit Union has planned a new drive-thru facility with two additional lanes which would all be contained on Credit Union property if the rezoning request is approved. Steve Greenleaf, attorney representing the Credit Union, stated that he has reviewed the pertinent details of past zoning cases mentioned in the staff's report to the Commission. Greenleaf stated that the initial staff report for the 528 Iowa Avenue rezoning request was supported by staff. Greenleaf pointed out that the Credit Union voiced objections due to parking problems which staff then considered. Greenleaf reiterated that the Credit Union had sound reasons for its objections and that the current proposal addresses these concerns and meets all applicable requirements. Greenleaf objected to the idea that there was no change occurring in this area and that the Credit Union is not trying to establish any other use than an extension of the present use. Greenleaf stated that he objected to the memo from the Historic Preservation Commission and that they were not at the meeting nor notified of the meeting yet a recommendation was forwarded to the Planning and Zoning Commission without any input from the Credit Union. Greenleaf concluded by saying that the proposal represents an improvement to the neighborhood and the City as a whole. Leann Keeling-Harner, 1485 Valley View Drive, stated that she was speaking for her mother who owns the property at 530 Iowa Avenue. She said that this was an emotional issue for both her and her mother but that they are both in favor of this proposal. Harner explained that her mother has reached a point in her life where she is not able to keep the property up, and considering the changes which have occurred in the neighborhood in the past years, wishes to move. Harner explained that the changes have caused a single family neighborhood to be destroyed by apartments and rooming houses and that her mother is tired of laud and late parties and the disruption of peaceful living this causes. Harner pointed out that the parking is not available to people who live in the area because of all the illegally parked vehicles. Harner commented that her and her mother do not understand why there is so much opposition to the Credit Union proposal as they are very good neighbors. Harner explained that if the proposal is denied her mother has another offer by a person who will change the home into a rooming house. Harrier concluded by thanking the Commission for their time. 1387 Planning 8 Zoning Commission September 1, 1988 Page 7 Kim Merker stated that he owns a single family home at 604 Iowa Avenue II which is listed on the National Register and intends to live in it as a single family residence. Merker stated he did not feel the expansion of the Credit Union Parking lot will improve the neighborhood. He intends his property to remain a single family home and is concerned about the 1 encroachment of commercial uses into the area and encircling his home. Elizabeth Kahler, 19 Evans Street, stated that she feels the two homes on Iowa Avenue are beautiful and noted that the U of I is short of housing and that it does not seem to make sense to tear down these homes. Kahler concluded by saying that she feels the preservation of older homes is i worth while. j Carl Kahler, 19 Evans Street, stated that his decision to buy the house he now lives in on Evans Street was made in part on the zoning which he felt would protect the neighborhood. Kahler Stated that if the proposal was approved it would shake the confidence of the people living in the area as to the safety of their homes from encroaching commercial uses. 9 Timothy R. Proctor stated that he was a former resident of the neighbor- hood and has seen the decline of the neighborhood during visits to Iowa a City. Parker stated he feels that the Credit Union Building and the } parking lot is part of that decline. He feels that commercial encroach- ments will occur if allowed to and encouraged the Commission to deny the rezoning request. G Larry Lynch, attorney for the Credit Union stated that he feels the Credit Union is an attractive building and that Fred Krause, the President, does care about the neighborhood. Lynch stated that he does understand that the RNC -20 zone will not be included in the Planning and Zoning Commission review of the Comp Plan and that he does not agree with staff that the area is not changing and that the proposal will be a positive addition to the neighborhood. Nancy Seiberling, North Liberty, stated that she supports the work that has been done by the City's planning staff. Seiberling recounted the significant historic nature of Iowa Avenue and the area surrounding it and feels that the Iowa Avenue area needs to be protected and preserved. Cook stated that he would like to see representatives of the Credit Union meet with the Historic Preservation Commission as well as the neighbor- hood. Scott noted that those concerned with this rezoning item will be notified if this item appears on a Historic Preservation Commission agenda. Beagle stated that Greenleaf was correct concerning the initial staff report on the Crisis Center rezoning of 528 Iowa Avenue in that staff did recommend approval. However, this recommendation was based on the assumption that the present law office was a conforming use and the use of the property be restricted to that of the Crisis Center. Had the law office been conforming, the property could have been converted to that of the Crisis Center without an increase in the number of parking spaces. This provided an incentive to retain the present house, since constructing /M7 Planning 8 Zoning Commission September 1, 1988 Page 8 a new commercial building would require full compliance with the parking requirements. By restricting the use of the property to that of the Crisis Center would also minimize the impacts on the adjoining residential neighborhood. Once it was discovered that the law office was never legally established due to non-compliance with the parking requirements, staff revised its recommendation to denial. Any commercial use introduced to the property would require full compliance with the parking require- ments. Based upon the square footage of the house, there would be no incentive to retain the house in lieu of constructing a smaller commercial building. Staff opposed the rezoning since there would be no incentive to retain the existing residence and the negative impacts associated with expanding the CB -2 zone within the neighborhood. Beagle continued and said that in regard to Larry Lynch's statement that this area would not be reviewed as part of the Cam�,r�eehh�ensive Plan update by the Commission was not accurate. Beagle said h€&aiked if the Compre- hensive Plan update was specifically looking at this area for re- evaluation. He said he indicated that certain target areas had been recognized by the Commission for specific study but did not know if it included the area of the subject properties. Given staff's evaluation of this request and two previous rezoning proposals, Beagle said that he told them that their request would be evaluated based upon the present Comprehensive Plan designations for the area. Scott said that this does not mean it could be revised later after the Commission begins reviewing the plan. Dierks moved to defer item Z-8810 to the September 15 meeting. Hebert seconded the motion. The notion carried, 6-0. OTHER BUSINESS; V-8805. Public discussion of a request initiated by the City of Iowa City, Iowa, to vacate the west 24 -feet of Madison Street right-of- way between Market Street and Bloomington Street. Beagle reviewed that staff report of September 1, 1988 and recommended approval of contingent on University of Iowa agreement to reconstruct any portion of the sidewalk on the west side of Madison Street after construction of the new Laser Laboratory Building and designating a pedestrian easement in the area of the proposed vacation where it partially or completely covers the sidewalk. Cooper moved to approve V-8805 to vacate the west 24 -feet of Madison Street right-of-way between Market Street and Bloomington Street contingent upon the U of I agreeing to reconstruct any portion of the sidewalk after construction of the new Laser Laboratory Building and designating a pedestrian easement in the area of the ,proposed vacation where it partially or completely covers the sidewalk. Hebert seconded the motion. The motion carried, 6-0. Public discussion of amended to the CI -1 zone. Beagle reviewed the memo dated August 25, 1988. 1397 Planning & Zoning Commission September 1, 1988 Page 9 Patt Cain, Economic Development Coordinator, Iowa City, asked the Commission to consider raising the maximum allowable manufacturing square footage by special exception from 10,000 square feet to 15,000 square feet. Cook asked what the special exception runs with, the land, the business or the owners. Cain replied that the special exception runs with the specific use and may continue under different ownership provided there is no change in the use. Hebert stated that he had a problem with this enlargement because the original intent of the amendment was to encourage small manufacturers in the CI -1 zone. Cook moved to amend the proposed Zoning Ordinance amendment, Section 1, number 2, to read 15,000 square feet. Hebert seconded the motion. The motion carried, 4-2, Hebert and Clark voting nay. Cook moved to approve the ordinance amendment Section 36-23 as amended. Cooper seconded the motion. Clark stated he never was in favor of allowing manufacturing in the CI -I zone much less raise the maximum allowable square footage. Clark stated he feels the CI -1 zone will be compromised by allowing manufacturing uses and is against any increase in allowable square footage. Hebert recounted the traffic considerations when deciding what size of manufacturer to allow in the CI -1 zone. Scott pointed out that as the Board of Adjustment would have to permit an increase above 5,000 square feet, each use would be looked at individually in terms of its appropriateness and compatibility. The motion carried, 4-2, Hebert and Clark voting nay. 3. Public discussion of an amendment to the Zoning Ordinance to address signage near the interstate. Cook moved to defer this item to the meeting of September 15, 1988. Hebert seconded the motion. The motion carried, 6-0. DEVELOPMENT ITEMS: I. S-8823. Public discussion of a request submitted by Sheller -Globe Corporation for approval of an amended preliminary and final Large Scale Non -Residential Development plan for property located at 2500 Highway 6 East. (45 -day limitation period: waived.) Scott noted that all deficiencies and discrepancies had been resolved as noted by a memo from staff. Beagle said that he just learned prior to the meeting that there is a slight discrepancy between the LSNRO plan and the approved stormwater plans. He recommended the LSNRO plan be approved contingent upon correcting the discrepancy to be consistent with the approved stormwater management plans. 1,387 I F Planning 8 Zoning Commission September 1, 1988 Page 10 Cook moved to approve the amended preliminary and final Large Scale Non -Residential Development Plan for property located at 2500 Highway 6 East subject to correcting the LSNRD plan to be consistent with the approved stormwater management plans. Hebert seconded the motion. Cooper stated that he will vote for this item but does not approve of the procedure where a building can be constructed and occupied before approval of the LSNRD plan. Dierks stated that she agreed. Scott stated that he feels compliance with regulations is very difficult when a building permit is released prior to approval of the LSNRD plan and will vote in the negative on this item. The motion carried, 4-2, with Clark and Scott voting nay. 2. S-8828. Public discussion of a request submitted by Nagle Lumber Company for approval of an amended preliminary Large Scale Non - Residential Development plan for property located at 1201 S. Gilbert St. (45 -limitation period: September 26, 1988.) Beagle reviewed the September 1, 1988, staff report. Clark moved to approve S-8828. Cooper seconded the motion. Clark stated that there should be available a mechanism to speed the approval of minor amendments such as this through the process. The motion carried, 6-0. 4. Planning and Zoning Commission Information. Beagle distributed the Planning and Zoning Commission annual report to the Commissioners. Scott stated that he accepted the report on behalf of the Commission and thanked staff for their work. Cook moved to adjourn the meeting. Cooper seconded the motion. The motion carried, 6-0. The meeting was adjourned at 7:30 PM. Minutes submitted by Kyle L. Kritz. Approved by: Kenneth Cooper, Secretary 1397 9m 1 MINUTES PARKS & RECREATION COMMISSION AUGUST 10, 1988 MEMBERS PRESENT: Henry, Hesse, Hradek, Malloy, Steinbrech, Weideman MEMBERS ABSENT: Dotson, Willis STAFF PRESENT: Ellerbrock, Ertz, Howell, Kriz, Moran, Trueblood GUESTS PRESENT: Reggie Prince (Iowa City Swim Club); Ronald Johnson; Elvis Jordan; Kent Hanson; Rich Paterson; John Roesler and Fred Dixon (Iowa City Babe Ruth Association) FORMAL ACTION TAKEN: Moved by Malloy, seconded by Dotson to approve the minutes of Julv 13, 1988. PUBLIC Reggie Prince appeared before the commission on behalf DISCUSSION: of the Iowa City Swim Club, requesting permission to use the Mercer Park Aquatic Center August 11-13, 1989, to host the zone championship. The pool would be closed to use by the general public during this time. Malloy inquired as to whether there were any other dates the. Swim Club will be requesting exclusive use of the facility. The Swim Club would like to use the facility a weekend in February, 1989, to hold an invitational meet. Trueblood stated staff supports this endeaVor, and approves of such events, as long as the department is M informed well in advance, thereby enabling us to make the public aware of any closures. Moved by Henry, Ron Johnson approached the commission inquiring about the possiblity of planting trees in lower City Park at the Little League ball diamonds. The trees would provide shade for the spectators and players. Trueblood said he would discuss this request with the City Forester to receive his suggestions as to the type of trees that could be planted. As far as funding, Trueblood stated the City could utilize part of the funding that exists to purchase new trees but noted that this area had not been identified as a target area, or a request could be made for additional funding. Johnson said if the girls' softball complex needed additional trees, that area should also receive consideration. PROPOSED BAND Elvis Jordan, Rich Paterson, and Kent Hanson appeared CONCERT: before the commission to ask for their support regarding an annual musical event being held in lower City Park. They are in the process of organizing a two-day event for local bands to be held either September 10-11 or September 17-18, 1988, beginning in the early afternoon to approximately 9:00 p.m. Concern was expressed as to possible problems that may be encountered with the noise level. Jordan stated he was 'familiar with the noise ordinance, and Hanson added that they would be providing the sound system, and therefore, would ultimately have control over the level of the sound. Paterson stated they would also like to have some type of food concessions during this event. Trueblood stated they would need to obtain the necessary permits from the Johnson County Health Department to do so. Moved by Weideman. seconded a �v , g,_u ermi�s are rocuree. unanimous. It was noted tat the pose bi ty a a music est va next year would be jeopardized if any complaints were received regarding the volume of the music or if other problems occurred. Paterson said they want to keep control of the event, and have it become an annual event. IOWA CITY John Roesler and Fred Dixon appeared on behalf of the BABE RUTH Iowa City Babe Ruth Association regarding the possibility ASSOCIATION: of relocating outfield fences and lights at Mercer Park. John Roesler asked for the commission's support and help in continuing to upgrade the program and facilities at Mercer Park. In order to be able to host state/regional -2- Zo tournaments, the state association requires 310 feet to the outfield fence. Presently, the distance of the fields at Mercer Park is 275 feet. The Babe Ruth Association has solicited support for this project in terms of volunteers and the electrical work being donated. Trueblood stated that if the fences were moved, other work would be necessary, such as relocating two light poles, reaiming fixtures, and purchasing additional lights. It has been strongly recommended by Musca Lighting that the lights be retrofitted, which would cause less spill over and more light on the fields. The last cost estimate received was $8,300. This does not include the cost to relocate the fence or actual electrical work. Trueblood noted the department is planning some outfield renovation this fall, and it would be preferable to move the fences and poles at that time. Presently, there is money available to do the outfield renovation but it is unlikely that any of this money will be available, due to anticipated costs. Another possible option may be a carry over from last year's budget. This would have to be approved by the City Manager and Finance Director. Members of the commission expressed concern as to not being equitable with other athletic programs in Iowa City, as far as spreading funding, if available, around to other programs. Trueblood stated we could not guarantee by August 20, 1988, that the City will be able to move the fences back. He asked if they would still be able to bid on the tournament stating the fact that they are working with the city, if commission supports this concept, and will hopefully have the situation corrected next year. Roesler said they could and noted the University of Iowa had indicated they could use their complex for this tournament, if needed. Moved by MILLER -ORCHARD Steinbrech stated the commission has been asked to give PARK: their opinion as to whether the Miller -Orchard park issue should be resurrected. Hradek gave a brief history behind the issue. Heideman asked about possible funding. Hradek stated funding from the parkland acquisition fund or CDBG funding may be possible. There is still a need in this area for a park, and it appears on the green space plan. He expressed interest and recommended that an attempt be made to see whether it could be reopened. Moved b -3- 1300 CDBG FUNDING: The deadline to receive proposals for funding through the CDBG program is scheduled for September 21, 1988. Trueblood asked the commission to consider what proposals or ideas they would like considered for CD8G funding. These will be discussed at next month's meeting. Last year's proposals were reviewed. Bob Howell encouraged the commission to consider resubmitting a proposal for a restroom in lower City Park. He noted that major plumbing repair will need to be done if a new restroom is not constructed. RIVERFRONT Hradek referred to the June 1st minutes of the Riverfront COMMISSION: Commission regarding the fishing access petition. She was not present during the time it was discussed at last month's meeting, and stated it would be redundant for the Parkland Committee to do any work on this since city staff is working on it. She added that Al Stroh personally saw to opening up a blocked area on the east side of the river which the University of Iowa had under their control. PARKS AND Henry reported the foundation is in the process of RECREATION finalizing the Parks and Recreation Foundation logo and FOUNDATION: the text of the brochure. The text of the brochure will be submitted to the Parks and Recreation Department for any suggestions. After this has been done, it will be forwarded to the printers. The commission will be provided with a copy of the final product prior to its distribution. COMMISSION Henry referred to the letter of gratitude received from TIME: the Iowa City Swim Club regarding the Armbruster Invitation swim meet. He noted that they had indicated that there were not enough trash receptacles at the Mercer Park Aquatic Center. Mike Moran said this was on the list of things to do. Hradek indicated she attended the City Council meeting on August 9, 1988, wherein the public hearing on Preucil School of Music's request to purchase a parcel of vacated street right-of-way was held. She stated there were many concerns raised by residents in this area. She felt some public statement should be made by the City Council to clarify this matter. Trueblood noted that the issues had been addressed previously by the city, and said that the Preucil School of Music has indicated they want to be a good neighbor and would like to involve us in the design of the parking lot, in order to save trees and not create drainage problems. -4- 1300, DIRECTOR'S Trueblood reported on the following: REPORT: The pool blanket has been installed at the Mercer Park Aquatic Center. He noted that it appears that it will not be necessary to borrow any funds from the parkland acquisition or energy savings fund to pay for this project. The Downtown Association will be sponsoring another clean up day on Saturday, October 1st. The ice arena issue may resurface. Trueblood noted he received a call from an individual stating he may be approaching the commission with regard to constructing an ice arena in Iowa City. Moved by Hradek, seconded by Henry, to adjourn.