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HomeMy WebLinkAbout1985-09-24 Bd Comm. minutesI 34(1) MINUTES PLANNING & ZONING COMMISSION THURSDAY, AUGUST 15, 1985 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Perry, Cooper, Scott, Jordan, Blank, Courtney MEMBERS ABSENT: Horowitz STAFF PRESENT: Beagle, Milkman, Boyle, Prestemon RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission recommends that the City Council forward a letter to the City of Coralville indicating the deficiencies that exist in preliminary and final subdivision plats for the resubdivision of Lot 2, Dave's First Subdivision, located south of West Overlook Road in the two-mile extra- territorial jurisdiction of Coralville. 2. Approval of an application submitted by Loran Hershberger for a prelimi- nary and final subdivision plat for Vista Park Village, located south of Court Street, east of Peterson, and west of Scott Boulevard with a recommendation that the width of Peterson Street extended and Vista Park Village Drive be 25 feet. CALL TO ORDER Chairperson Scott called the meeting to order at 7:39 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT INCLUDED ON THE AGENDA There was no discussion. Milkman explained that the proposed amendment permits the City to be a "certified local government." This amendment offers the City two major advantages. First, it allows the Historical Preservation Commission to review local nominations of historic districts or sites. Second, the change will make the City eligible to receive a portion of state• grant monies for historic preservation. Public Discussion Bob Gaffey, 529 Church Street, stated that he believes that citizens are poorly informed about the review process for historic building nominations in i general. Jordan stated that the Planning and Zoning Commission might be under greater pressure to approve historic districts and sites if the State approves selection of sites first. He asked if the State would interview objectors. 34(1) MINUTES PLANNING & ZONING COMMISSION THURSDAY, AUGUST 15, 1985 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Perry, Cooper, Scott, Jordan, Blank, Courtney MEMBERS ABSENT: Horowitz STAFF PRESENT: Beagle, Milkman, Boyle, Prestemon RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission recommends that the City Council forward a letter to the City of Coralville indicating the deficiencies that exist in preliminary and final subdivision plats for the resubdivision of Lot 2, Dave's First Subdivision, located south of West Overlook Road in the two-mile extra- territorial jurisdiction of Coralville. 2. Approval of an application submitted by Loran Hershberger for a prelimi- nary and final subdivision plat for Vista Park Village, located south of Court Street, east of Peterson, and west of Scott Boulevard with a recommendation that the width of Peterson Street extended and Vista Park Village Drive be 25 feet. CALL TO ORDER Chairperson Scott called the meeting to order at 7:39 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT INCLUDED ON THE AGENDA There was no discussion. Milkman explained that the proposed amendment permits the City to be a "certified local government." This amendment offers the City two major advantages. First, it allows the Historical Preservation Commission to review local nominations of historic districts or sites. Second, the change will make the City eligible to receive a portion of state• grant monies for historic preservation. Public Discussion Bob Gaffey, 529 Church Street, stated that he believes that citizens are poorly informed about the review process for historic building nominations in i general. Jordan stated that the Planning and Zoning Commission might be under greater pressure to approve historic districts and sites if the State approves selection of sites first. He asked if the State would interview objectors. C. Planning & Zoning Commission August 15, 1985 Page 2 Scott asked what the public hearing process for local certification will consist of. Margaret Nowysz, 1025 River Street, explained that the ordinance will allow local review of individual sites prior to review by the State. She said that most cities had such local review. She also stated that the State holds public hearings on individual sites and districts nominated to the Register. In response to a question on the Northside districts, she said that public hearings on these were held some time ago. Jordan moved to defer voting on the item until September 19 so that staff could provide the Comoisson with more information; Cooper seconded. The motion passed 5-1, with Courtney voting no. Scott asked that the staff person assigned to the Historic Preservation Commission be at the September 16 meeting. Scott asked whether anyone wished to speak on this item. Perry moved to defer public discussion until the October 3, 1985, informal meeting; Courtney seconded. The motion passed 6-0. Scott added that the deferral was necessary to allow the two connissions involved the time to resolve differences in proposals. SUBDIVISION ITEMS j 1. 5-8512: Public discussion of an application submitted by George Woods Tor—approval of a preliminary and final subdivision plat for the Resubdi- vision of Lot 2, Dave's First Subdivision, located south of West Overlook Road in the two-mile extraterritorial jurisdiction of Coralville (courtesy review). Beagle informed the Commission that staff had reviewed a revised preliminary plat that had resolved all deficiencies listed in the staff report except for two: the placement of utilities; and provision for the future dedication of the west 33 feet of West Overlook Road. Scott reminded the Commission that during the informal meeting there was a consensus to waive the storm water management provisions because Iowa City will not be affected. Courtney moved that the Commission recommend that the Council forward a letter to the City of Coralville that the aforementioned two deficiencies exist in the preliminary and final plat for Resubdivision of Lot 2, Dave's First Subdivision, located south of West Overlook Road in the two-mile extraterritorial jurisdiction of Coralville; Jordan seconded. The motion passed unanimously. 17Y-% Planning & Zoning Commission August 15, 1985 Page 3 2. S-8515. Public discussion of an application submitted by Loran Hershberger for approval of a preliminary and final subdivision plat for Vista Park Village, located south of Court Street, east of Peterson, and west of Scott Boulevard. Beagle presented the staff position that recommended denial of the application on two grounds. First, the developer wished the City to absorb part of the cost of extending Peterson Street. Beagle stated that the City Engineer informed the PPD staff that Peterson Street would not be extended were it not for the proposed subdivision. Second, the application is deficient'because Peterson Street extended and Vista Park Drive are proposed to be only 25 feet wide rather than 28 feet as required by the subdivision regulations. Rod Schulz, 6 Arbor Drive, stated that he is opposed to any plan that does not cause the developer to pay for the paving of Peterson Street extended. Merle Tunnel, 314 West Benton, asked the Commission about the method for billing if the developer does not pa the cost of paving. He pointed out thatthe cost would then be born by all the tax payers. Alicia Werch, 2 Arbor Circle, stated that she is opposed to neighboring residents bearing any portion of the costs of paving Peterson Street. She also asked if the 28 foot width of Village Park Drive would reduce the number of lots. Beagle responded that the number of lots would not be reduced. Werch also stated that the 25 foot streets of the surrounding area were too narrow to carry the extra traffic generated by the proposed subdivision. Jerry Atkins, 3417 Shamrock Drive, expressed agreement with the staff recommendation- he still would prefer access to the subdivision off of Scott Boulevara, however. Jack Fiorito, 3323 Shamrock, stated that there should be a compelling reason to ask neighbors to pay for street extension. Beth Hill, 3424 Arbor Drive, asked if the new development will include dedicated open space. Also, she asked why access from Scott Boulevard was dropped, particularly since two trailer courts east of Scott Boule- vard had been granted access. Scott explained that the Commission objected to segregating this develop- ment from adjacent subdivisions and wanted to restrict direct access to Scott Boulevard from neighboring subdivisions so as to head off future traffic congestion on Scott Boulevard. He stated that Scott Boulevard was intended to serve as a major arterial between Highway 6 and I-80, and that the Commission had reiterated the need for this connector on several occasions. Scott also stated that currently the City does not require open space dedication. 1707 i 01 Planning & Zoning Commission August 15, 1985 Page 4 Beth Hill stated that residents of the Court Hill neighborhood have never intended the Vista Park Village subdivision to be segregated from neighbors. Bill Phipps, 3430 Arbor Drive, expressed opposition to neighbors paying for the extension of Peterson Street. Chris Randall, 3428 Shamrock Drive, asked why Peterson is extended so far to the south. i Scott explained that this provides frontage and access to a public street for certain lots. Jordan moved that the street width of Peterson Street extended and Vista Park Village Drive be approved at 25 feet; Perry seconded. The motion passed 6-0. In addressing the issue of whether the cost of paving Peterson Street should be assessed to the benefited district according to City regula- tions, Perry moved that the subdivision ordinance requirement that the developer pay for the paving of all streets be waived; Blank seconded. The motion was defeated, 0-6. Courtney stated that a conflict of interest that had prevented him from. voting on proposals relating to this tract of land had been resolved. Thus, he would be free to vote on this proposal. Jordan moved that the preliminary and final subdivision plat for Vista Park Village be approved with a street width of 25 feet for Peterson Street extended and Vista Park Village Drive; Blank seconded. The motion passed 6-0. The developer requested that the Commission consider the City's sharing in the cost of paving that portion of Peterson Street adjacent to City property. The Chair entertained a motion to that effect; no motion was made. 3. S-8516. Discussion of an application submitted by T. H. Williams for approval of a preliminary and final Large Scale Residential Development plan and Planned Development Housing Overlay Zone for Melrose Lake Apartments located on 7.44 acres on Woodside Drive extended; 45 -day limitation period: 9/26/85. Milkman explained that the property in question has been rezoned from RM -12 to RS -8. Because of the size of the lake and the dam area, the Iowa Department of Water, Air and Waste Management (IDWAWM) has jurisdic- tion over construction on the dam, and any recommendation by the Commis- sion will be reviewed by IDWAWM prior to City Council consideration. Milkman stated that the property will be subdivided into two lots, one with the existing 30 -unit building and one with a 24 -unit and a 10 -unit building. The basic variation for the PDH -8 zone requested is permitting multi -family dwellings on the site. Staff recommends the approval of the preliminary and final plan with a modification of front yard require- ments for the southeasterly lot from 20 feet to 10 feet upon resolution of a deficiency concerning storm water management calculations. / 7Y- Planning & Zoning Commission August 15, 1985 Page 5 Craig Alexander, 871 Woodside Drive, Apt. B-2, expressed concerns similar to those stated at the rezoning hearings; the preservation of natural features, traffic congestion through the residential area to the south, and flooding and drainage problems were all issues of concern. Jennifer Tyler, 871 Woodside Drive, Apt. B-2, reiterated the concerns expressed above. Lance Salisbury, 507 North Linn, Apt. 10, inquired about a discrepancy between the allowed number of units (64) in the current plan and the 54 units referred to in a memo received in February. Scott directed Milkman to resolve the discrepancy and to inform Mr. Salisbury, Mr. Alexander and Ms. Tyler. Jordan moved to defer consideration of this item; Blank seconded. The motion passed unanimously. OTHER BUSINESS 1.Milkman asked the Commission if there were any comments or additions the department should make to the annual report of the Planning & Zoning Commission. 2. Milkman informed the Commission that according to her understanding the City Council wishes to have a joint meeting on August 25 to discuss the Pepperwood Place shopping center. Jordan expressed unwillingness to change recommendations already submitted to the Council, and informed the Commission that he would not attend a joint meeting on that date. Scott announced that, as previously agreed with Council, the earliest the Commission would be able to meet with the City Council would be on September 5, the Commission's next formal meeting. He said he would inform the Mayor of such. 3. Chairperson Scott announced that Blank would be leaving the Commission, effective September 1, and thanked her for her service to the Commis- sion. ADJOURNMENT The meeting was adjourned at 9:30 P.M. The minuteslaken b Oreg Prestemon.Approved by DTrrel Courtney, Secre r Ill i MINUTES IOWA CITY AIRPORT COMMISSION AUGUST 8, 1985 MEMBERS PRESENT: Lewis, Sokol, Ashby MEMBERS ABSENT: George, Tiffany STAFF PRESENT: Zehr, Brown GUESTS PRESENT: L. Baker, I. Moses, H. Bogert, T. Thomas, K. & J. Stutzman, J. Griffin Meeting was called to order at 7:35 p.m. by Lewis. The minutes of the July 11, 1985 meeting were approved as read. Zehr presented the bills for the month which included bills due to storm damage. Zehr explained that storm damage bills from Breen bins and buildings ($3,715) and door and roof paint (under $500) will still be received. In response to Sokol, Zehr stated that specific details about the storm damage and insurance coverage will be discussed as separate agenda items. COMPLIANCE PROJECT REPORT Zehr distributed copies of the July 9, 1985 letter from Jack Sasser respond- ing to the Airport Commissions' request to reinstate the airport to full compliance status. Zehr said that Sasser's letter stated the City must 'complete all phases of the compliance project before federal funding can be considered. Zehr stated that he met with the City Attorney, Pat Cain and Brown to discuss the impact of the airport overlay zoning ordinance on the land appraisals for the compliance project; that the review appraisals should be received by the end of August, and that an informational brochure will be sent to persons who own real estate to be acquired for the project. Brown stated that a decision has not been reached in the lawsuit. Zehr introduced Harold Bogert and Irvin Moses, Howard Green Company project engineers. Irvin Moses has replaced Steve Heyer as the hangar and runway extension project engineer. Bogert presented background information about the Howard R. Green Company. Zehr stated that the compliance project pians and specs have been completed. Bidding of the plans and specs is being delayed until the question of the impact of zoning on the land appraisals is resolved and upon receipt of the lawsuit decision. CORPORATE HANGAR/EQUIPMENT STORAGE BUILDING Zehr reported that construction has begun and should be completed by October. Zehr said a handicapped bathroom was added to the design and construction of the corporate hangar due to the federal and state public requirements. Oro t. Airport Commission August 8, 1985 Page 2 John Griffin informed the Airport Commission that HLM is researching the feasibility of a self -fueling facility. Such a facility would comply with the terms set forth in the HLM hangar lease agreement and it would be cost beneficial to install a self -fueling facility during construction of the corporate hangar. John Griffin said he will keep the Airport Commission informed regarding HLM's final decision. AIRPORT FARM LAND LEASE RENTAL Zehr explained that Curtis and Julie Stutzman have submitted a proposal to lease 91.4 acres of airport property for $150 per acre. Zehr noted the land has been share cropped by the Tom Williams family the past 20 years. Curtis Stutzman explained the land would be used for small fruit and vegetable crops to be marketed in the local community, to be sold to Heinz processing plant in Muscatine and sold as a you -pick operation. Stutzman referred Commission members to the proposed layout of the crops and said the location of the fruits and vegetables would limit the public's access to the runway areas of the airport. Stutzman said a long-term contract is desirable because of the 4-5 year planting life of the fruits and vegetables and irrigation equipment costs. Zehr said that the potential for industrial development on designated areas of the airport should be considered when negotiating the length of the lease agreement. Brown inquired about FAA standards regulating the type of crops on airport property. In response to Brown, Zehr said the FAA standards state that crops are not to exceed four feet in height above ground. Lewis inquired about the Zoning Ordinance and road access restrictions. Zehr referred to the Iowa City Zoning Ordinance definitions of "public zones" and "farms" and said the Stutzman's proposal is allowable. Zehr said he would research access road restrictions. Zehr said the airport could receive an estimated $14,000 revenue by leasing the property to the Stutzmans as proposed. Zehr recommended that a subcom- mittee be appointed to review the Stutzman proposal, make a determination about the Tom Williams share crop lease agreement that is due in September and resolve issues about use of herbicides, etc. on the property if the property is leased to side-by-side to the Stutzmans and Williams. The Airport Commission appointed Tiffany and Ashby to work with Zehr. Sokol inquired about liability insurance requirements as it relates to the Stutzman proposal. Stutzman said he would carry liability and workman's comp insurance. Assistant City Attorney Brown stated that a "hold harmless" provision should be required in the lease agreement. Stutzman informed Commission members that he will be required to give Heinz processing plant a release of lien statement. COMMUTER FEASIBILITY STUDY Commission members received copies of the commuter feasibility survey to be distributed to travel agencies, major employers including the University of Iowa, and service clubs. Terra Thomas explained that phase one of the study is 86% complete and that an aggregate demand figure will be determined by using information from 12 states. Data collected included information about /7�/_f i Airport Commission August 8, 1985 Page 3 airport operations, total enplanements, demography, median income, population figures, and Johnson County's industrial base. Thomas stated that prelimi- nary results from the study demonstrated a realistic demand for commuter service by 15,000-20,000 travelers and up to a maximum estimation of 36,000 travelers per year. i Thomas stated that the survey will be used to determine how often and where business travelers fly and characteristics of commuter service that travelers like. Survey respondents will be asked to evaluate 15 hypothetical airlines differentiated by the cities and frequency of service. Commission members suggested that the survey should include a question about the use of charter service and that costs be included as a factor in survey question 14. Zehr stated the draft of the survey will be finalized and sent out and results presented at the next Airport Commission meeting. STORM DAMAGE REPORT Photos of the storm damage that occurred July 14, 1985 at the Iowa City Airport were distributed. Zehr said costs from the damage will total greater than ;12,000. Zehr explained the airport has a $10,000 deductible insurance policy but the City maintains an insurance fund that will pay the first ;10,000 deductible cost. The insurance company will pay costs incurred that are greater than ;10,000. Zehr said damage was done by a small, localized tornado with 95 mile per hour winds. Zehr reported that a majority of repairs are complete and tenants are using hangars. Work that still need to be completed is the installation of the skin on T -hangar doors and roof and roof painting. Zehr noted that payment for the repairs is being done by transferring money from the City's insurance fund into the airport's budget building maintenance line item fund. it Zehr stated his appreciation for the assistance and information received from Lewis regarding the storm damage repairs. CHAIRMAN'S REPORT No report. PUBLIC COMMISSION MEMBERS INFORMATION AND INPUT Ashby inquired about the proposed missing children bulletin board. Zehr stated that the missing children bulletin board will be scheduled for discussion at the next Airport Commission meeting. i Zehr announced that the airport breakfast will be held August 25, 1985. Zehr requested comments from the Airport Commission members regarding the annual report. Meeting adjourned at 8:45. i /7�Z% I y __.__,,._.- MINUTES IOWA CITY HOUSING COMMISSION August 13, 1985 Meeting Room A, Iowa City Public Library 9:55 a.m. MEMBERS PRESENT: Krause, Watts, Dawson, Streb, Barfuss MEMBERS ABSENT: Moore STAFF PRESENT: Hoard, Barnes, Henderson RECOMMENDATION TO CCN: That Fall House Painting Program be reactivated by utilizing $25,000rom the present CDBG Housing Rehabilitation and Weatheri- zation budget. MEETING TO ORDER: The meeting was called to order at 9:55 a.m. by Chair- person MINUTES: Minutes of the July 9, 1985, meeting were approved 5-0. HOUSE PAINTING PROGRAM: Barnes distributed pictures of before and after paint jobs of houses painted on the previous program. Based upon the success of that program, it is proposed that the Fall House Painting Program be reactivated by utilizing $25,000 from the present CDBG Housing Rehabilitation and Weatherization budget. It was moved by Krause, seconded by Watts and approved 5-0 that the Housing Commission endorse this proposal by recom- mending to CCN that it be approved. HOUSING REHABILITATION: 409 - 7th Avenue, Weatherization Loan request for Barnes scussed this request and stated that it will be necessary to obtain a release from the title holder because this property is being bought on contract. It was moved by Watts, seconded by Barfuss and approved 5-0 to grant this loan request. 515 Oakland, Forgivable Loan in the amount of $15,400.00. Barnes distributed pictures of this property and discussed the repairs required. It was moved by Krause and seconded by Watts, approved 5-0, that this loan request be granted. 725 E. Davenport, Forgivable Loan in the amount of $17,500.00. After discussion of this request it was moved by Dawson, seconded by Krause and approved 5-0 that this request for Forgivable Loan be granted. FORMALDEHYDE STANDARDS: Hoard referred to the City code, Section 17-5(t) regarding interior air and stated that the code does not presently have specific standards regarding recommended or dangerous levels of formaldehyde and that levels cannot presently be measured by the City. Krause expressed the concern that the City code should be able to address this situation for future reference. He suggested that the Housing Inspection Division work in conjunction with the County Health Department on this. Hoard will discuss with Doug Boothroy, Director of Housing & Inspection Services. /7f�9 t. MINUTES IOWA CITY HOUSING COMMISSION August 13, 1985 Page 2 PROPOSED CODE CHANGES: Hoard stated that there is presently an inconsistency regar ng t e inspection of owner -occupied sections of rental duplexes and the owner -occupied section of condominiums. She stated that the code is under- going revision now and will be presented to the Commission at its September meeting for review. She stated that in the revised code the requirements for owner -occupied dwelling units when located in a rental structure will be less stringent than requirements for rental dwelling units. COORDINATOR'S REPORT: Henderson reported that $78,075.00 had been paid for ugust Section Housing Assistance Payments on 403 leases for an average rent of $193.73. There were 20 retrostarts and 42 applications were sub- mitted to the Chair for signature. She stated that all ten of the Public Housing units in Project 22-5 have been occupied. There were 3 terminations in Public Housing in July and those units have been filled. Henderson in- formed the Commission that the Housing Management review for Section 8 had taken place July 22 and 23. GENERAL DISCUSSION: Watts gave an update on the Shared Housing Program and stated that to date there have been 163 inquiries into the program and as of the end of June there are 13 matches. Dawson asked about the status of Congregate Housing and Krause replied that the survey had been completed and that data acquired was not of a nature to encourage a private developer to pursue such a project at this time. He stated that Doug Boothroy will be in touch with the survey firm regarding their summation of the data. The meeting was adjourned at 10:45 a.m. Approved by: Fred C. Krause / fir% MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 10, 1985 - 9:00 A.M. IOWA CITY PUBLIC LIBRARY, MEETING ROOM A MEMBERS PRESENT: Krause, Watts, Dawson, Moore, Streb, Barfuss MEMBERS ABSENT: None STAFF PRESENT: Seydel, Brown, Hencin, Barnes, Henderson, Boothroy, Nugent, Davidson ALSO PRESENT: Mary Parden, Jan Rutledge, Susan Hayes, Larry Baker RECOMMENDATIONS TO COUNCIL: 1. To extend the "403 Area" boundary to include the 900 block of North Gilbert Street as owner -occupied housing rehabilitation. 2. To support funding for housing rehabilitation and weatherization at the level of $180,000; support continuation of the shared housing program at $18,700. 3. To investigate the feasibility of the function of an elderly/home services coordinator/case manager. 4. To amend Policies Governing Participation in Housing Assistance Programs Administered by the Iowa City Housing Authority, page 21 i5(2)C Utility Allowances, by adding the following: "In those cases where a family qualifies for water/sewer/trash allowance in computing tenant rental payment, that family will not be eligible for the "Reduced Fee for Low -Income Residents" as provided for in current City policy. 5. That if the City -owned property at Rundell/Grant Court comes before Council to be sold, this property should be sold with receipts earmarked for housing use. ELECTION OF OFFICERS: Chairperson: Fred C. Krause Vice -Chairperson: John Moore Delegate to Committee on Community Needs: Gary Watts MEETING TO ORDER: The meeting was called to order at 9:00 a.m. by Chairperson Krause. MINUTES: Minutes of the August 13, 1985, meeting were approved 6-0 on a motion by Dawson, seconded by Watts. t. MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 10, 1985 PAGE 2 INFORMAL REVEL:_Susan Susan Haves: Seydel stated that it is acceptable for an applicant to file for an informal review and proceeded to give the history of this case. Rutledge spoke on Hayes' behalf and addressed the period of tenancy at Lakeside. Rutledge asked that applicant be found eligible and that her name be placed on the waiting list at the point where it would have been put had she been initially determined eligible. Rutledge asked if a claim had been filed by Lakeside when Hayes abandoned her unit there in November, 1982, or if they did release the tenant from her lease. Records indicate no evidence of written release nor claim for loss. Susan Hayes came forward and swore to tell the truth and was questioned by Rutledge. Hayes stated that after she left the hospital during her tenancy at Lakeside she went to the office of the Iowa City Housing Authority and asked to be released from her Lakeside lease. She says she was told she could not terminate the lease. Krause related a similar case at Lakeside where tenant abandoned and was found eligible as an applicant. He stated that if a claim were filed that would affect the decision regarding eligibil- ity. Krause moved that eligibility be granted as an exception due to circumstances. Seconded Streb. Approved 6-0. A written report will be provided to the applicant. Seydel stated that he will require birth certificates and all other verifications before eligibility will be approved. "403 AREA" BOUNDARY EXTENSION: Hencin discussed history of area being considered - the 900 block of North Gilbert Street - for owner -occupied housing rehabilitation funds. He stated that it must be determined that the area consists of 50% lower income to qualify. It was moved by voting no, to extend the ny e '403Aea seconded "bou boundary to inDawson and clude the 900iblock th rof North Gilbert Street as owner -occupied housing rehabilitation. CDBG 1986 FUNDING: Hencin explained the CDBG program and distributed a brochure. This year's proposals included three which are housing related: 1) Housing Rehabili- tation and Weatherization; 2) Shared Housing; 3) Elderly/Home Services Coordinator/Case Manager. Discussion ensued regarding the funding of i3, the services coordinator, and it was stated that this would be the role that the manager of Congregate Housing would have performed under one roof as Congregate Housing. It was decided to vote on each of these issues separately with the following results: Moved Watts, seconded Krause, approved 6-0 to support the Housing Rehabilitation Weatherization Program at the same level of funding as currently. Moved Dawson, seconded Barfuss, approved 6-0 to endorse Shared Housing proposal at a 10% increase in the level of funding. Moved Moore, seconded Dawson, approved 5-1 with Streb voting no, to investigate the feasibility of the function of an Elderly/Home Services Coordinator/Case Manager. Larry Baker from the City Council was recognized and he discussed the feasibility of this proposal and its funding. -- - - ---- -------- ---._._, MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 10, 1985 PAGE 3 RENTAL REHABILITATION: Barnes discussed the proposal for a deferred payment loan in the amount of $5,000 on this owner -occupied duplex at 714-716 Iowa Avenue. Seydel suggested that repair proposal be amended to include two furnaces in order that utilities could be kept separate on this unit. It was moved by Moore, seconded by Watts and approval 6-0 to approve a deferred loan in the amount of $5,000 for unit at 714-716 Iowa Avenue. COORDINATOR'S REPORT: j Section 8 Update: Seydel stated that rent in the amount of $79,761.50 was I paid for the month of September on 411 units for an average rent of $194.06. He stated that the new Annual Contributions Contract for the vouchers was submitted with the budget to HUD. Public Housing Update: There were no turnovers in August. Seydel stated j that the ten new units are all occupied and that he has requested that a consolidated Annual Contributions Contract be issued for all projects in Public Housing. Seydel discussed a proposed change to the Statement of Policies, page 21 15(2)C Utility Allowances to read as follows: "In those cases where a family qualifies for water/sewer/trash allowance in computing tenant rental payment, that family will not be eligible for the "Reduced Fee for Low -Income Residents" as provided for in current City policy." It was moved by Moore, seconded by Watts and approved 6-0 that proposed change in Statement of Policies be approved. Seydel discussed the status and history of City -owned property at Rundell/Grant Court and recommended that Commission endorse the sale of this property with proceeds earmarked for housing use. It was moved by Krause, seconded by Watts, approved 6-0 to endorse sale of property at Rundell/Grant Court with receipts to be earmarked for housing use. ELECTION OF OFFICERS: Chairperson Krause called for nomination for the office of Chair. Dawson nominated Krause and there being no other nominations it was moved by Dawson, seconded by Moore, and approved 6-0 to elect Krause as Chairper- son. Chair called for nominations for the office of Vice -Chair and Dawson nominated Moore. There being no further nominations it was moved by Dawson, seconded by Watts and approved 6-0 that Moore be elected Vice -Chair. Chairperson Krause then appointed Watts as delegate to the Committee on Community Needs. t General Discussion: Seydel inquired regarding the monies allocated for Congregate Housing and Krause stated that those funds revert to the CDBG Program. Discussion followed regarding the Congregate Housing Survey. 170 . t MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 10, 1985 PAGE 4 The meeting was adjourned at 10:40 a.m, by Chairperson Krause. Approved by: Fred C. Krause i i +i j MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 10, 1985 PAGE 4 The meeting was adjourned at 10:40 a.m, by Chairperson Krause. Approved by: Fred C. Krause i i +i I I i i i , r MINUTES RESOURCES CONSERVATION COMMISSION AUGUST 12, 1985 - 7:30 PM PUBLIC LIBRARY MEETING ROOM C MEMBERS PRESENT: Vogel, Parsons, Goodwin STAFF PRESENT: Schoenfelder CALL TO ORDER: The meeting was called to order by Vogel, acting chair in the absence of P. Nychay. APPROVAL OF MINUTES: The minutes of July 15, 1985 were approved as submitted with one word correc- tion. PUBLIC AND MEMBER DISCUSSION: No general public in attendance. REVIEW OF RESIGNATIONS: The resignation letters of P. Nychay and K. Uehling had not yet been received. REVIEW ATTORNEY GENERALS REPORT OF OF 7/24/85: General discussion, no motions or action taken. Pages of the letter were missing so it was not 'forwarded to Council. Schoenfelder would contact Representative Osterberg for a complete copy. REVIEW YACKNIN REPORT: General discussion, no motions or action taken. REVIEW LEAGUE OF WOMEN VOTERS LETTER 7/29/85: RE: Support of Utility Franchise Fee. General discussion, no motions or action taken. OTHER BUSINESS: Schoenfelder presented an update of the I.E.P.C. Community Energy Conservation Program Grant application. ADJOURNMENT: The meeting was adjourned at 8:45 PM. _ 17V t i i i' I i l i- i THOMAS J. MILLER Urpartment of Justire July 24, 1985 ADDRESS IKn. M CRIMINAL APPEALS DIVISION NOOVER EUILOIND DEs MOINES. IOWA sOE[s The Honorable David Osterberg State Representative Mount Vernon, Iowa 52314 Dear Representative Osterberg: You have requested an opinion of the Attorney General regarding municipal franchise agreements with privately owned public utilities. The questions that you have presented are: 1. Can a city charge a franchise fee to utilities pursuant to its Home Rule authority and Iowa Code section 364.2(4)(f) (1985)? 2. If a franchise fee can be charged, could the utility pass this cost on to customers? If so, would the fee be charged only to customers within the city or would the cost be charged to all customers of the utility? 3. May the ballot at a franchise election pose alternative questions, such as whether a franchise should be granted for 25 years or for 5 years? H We would note at the outset that this opinion concerns only whether a city is precluded by law from charging franchise fees to a public utility and whether alternative proposals may be submitted at a franchise election. The questions you raise concerning the rates charged by a public utility are properly presented in the first instance to the Iowa State Commerce Commission for determination. Iowa Code section 476.1 (1985) provides that the Iowa State Commerce Commission has the authority to regulate the rates of public utilities. Questions affecting public utility rates are to be submitted to and settled by the Commerce Commission. Iowa -Illinois Gas i Electric Co. v. Iowa City, 255 Iowa 1341, 124 N.W. d 840, 845 (1963). The Iowa State Commerce Commission has ruled on questions similar to those you pose. The Iowa Supreme Court has affirmed a ruling of the /7Sa I The Honorable David Osterberg State Representative Page 2 Iowa State Commerce Commission that a privately owned public utility may recover the cost of the franchise fee charged by the city to the utility by collecting a surcharge from city customers only rather than spreading the cost of the franchise fee over the utility customers generally inCity of Des Moines, Iowa v. Iowa State Commerce Commission, 285 N.W.2d 12 (Iowa 1979). II A franchise is a grant whereby a city confers the right to a public service company to use the public streets and ways for the water pipes, gas pipes, conduits for wire, poles, etc., necessary to provide public utility service. 12 Mcpuillin, Municipal Corporations 5 34.01 (3rd Ed. 1970). A franchise fee is charged as compensation for the use of streets and public ways by the public service company. City of St. Louis v. Western Telegraph Co., 149 D.S. 465, 470, 37 L. Ed. 810, 13 S. Ct. 990 (1893). The authority of a city to grant a franchise to a public utility is delineated in Iowa Code section 364.2(4) (1985). Franchise fees are referred to in subsection (f) as follows: f. If a city franchise fee is assessed to customers of a franchise, the fee shall not be assessed to the city as a customer. ,I While there is no specific authorization for a city to charge a franchise fee in Iowa Code section 364.2(4) (1985), the power of a city to do so may be inferred from Iowa Code section 364.2(4)(£) (1985) and is within the Home Rule powers of a city, as the assessment of a fee is not limited by the Iowa Code. The reference to the assessment of a city franchise fee in Iowa Code section 364.2(4)(f) was added by the Iowa legislature in 1983. 1983 Iowa Acts, ch. 127, 5 5. It is our opinion that the reference to a city franchise fee strongly implies the legislative intent that a city has the power to impose such a fee. See Willis v. Consolidated Inde endent School District, 210 Iowa 3T1, 396, 227 N.W. 532. 535 (19 9). To 1n of erw se would be to deny effect to 364.2(4)(f) and would therefore be unreasonable. Iowa Code 5 4.4(2), (3) (1985). Pursuant to its Home Rule powers, it is our opinion that a city has the authority to assess a franchise fee to a public utility in the absence of an express authorization pursuant to the Iowa Code. Any limitation on a city's home rule powers by state law must be expressly imposed. Bryan v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978). We ave oun no statutory restriction on the power of a city to impose a fee in consideration of the grant of a franchise to a utility. A i C. The Honorable David Osterberg State Representative Page 3 franchise fee may be distinguished from a tax. "A tax is a charge to pay the cost of government without regard to special benefits conferred." Newman v. Cit of Indianola, 232 N.W.2d 568, 573 (Iowa 1975), citing In re Trust o s urtz, 242 Iowa 448, 454, 46 N.W.2d 559, 562 (1951). The essence of a franchise is the conferment of special benefits, not enjoyed by the general public, to the use of public property. The Iowa legislature appears to have recognized this distinction. Iowa Code section 364.3(4) (1985) restricts the power of a city to levy a tax by providing that: "A city may not levy a tax unless specifically authorized by a state law." This section was previously codified as Iowa Code section 368.2 (1973) as: "Cities and towns shall not have the power to levy any tax, assessment, excise, fee, charge or other exaction except as expressly authorized y statute." (emphasis added) The section was amended in 1975 to delete the reference to fees and the other exactions. It can be inferred that the legislature, by dropping the reference to fees, has removed the previous limitation on a city's power to impose a fee. It is our opinion that City of Des Moines v. Iowa Telephone Coo.., 181 Iowa 1282, N.W. (1917), s not contco11 nen this issue. Cit of Des Moines v. Iowa Tele hone Co. held that a city cannot impose rents eel on t e use o I streets and public ways absent express statutory authority to do so. 162 N.W. at 331, 332. The court based its decision on two factors no longer relevant: the doctrine that a city has only that power delegated to it from the state and the fact that a statute gave public utilities the right to the unlimited use of city streets, the city having no voice in this grant of power. The basis of the court's decision has completely changed due to the adoption of the Home Rule Amendment and Iowa Code section 364.2(4) (1985), subsequent to the date of City of Des Moines v. Iowa Telephone Co. Because of the deletion of "fees" from Iowa Code section 368.2 in 1975 and the addition of subsection (f) to Iowa Code section 364.2(4) in 1983, it is our opinion that two previous Iowa Attorney General Opinions, 1970 Op.Att'yGen. 421 (a municipal corporation has no authority to exact a franchise fee from a private utility as a condition precedent to the granting of a franchise), and 1972 Op.Att'yGen. 79 (city may not exact rental fee from telephone company for use of public streets for lines and poles) are no longer controlling. III Iowa Code section 364.2(4) (1985) empowers a city to grant a franchise for a term up to 25 years and does not limit the submittal to the voters at a franchise election of a proposal for / 7.SC The Honorable David Osterberg State Representative Page 4 a single term of years for approval. Under the Home Rule authority of a city and Iowa Code section 364.2(4) (1985), a city would have the authority to submit alternative proposals for a term of 25 years or 5 years to a franchisee to voters at a franchise election.1 Two prior Attorney General Opinions, 1978 Op.Att'yGen. 487 and 1978 Op.Att'yGen. 503, held that more than one proposal concerning the granting of a franchise to a public utility may be submitted on the ballot at an election. In conclusion, a city has the authority pursuant to its Home Rule authority and Iowa Code section 364.2(4)(f) (1985) to charge a fee to a public utility granted a franchise by the city. Alternative proposals concerning the length of time that a franchise is to be granted may be submitted on the ballot at a franchise election. Questions concerning the rates charged by a public utility should be presented in the first instance to the Iowa State Commerce Commission. Sincerely, ANN DiDONATO Assistant Attorney General AD/skb 1Alternative proposals concerning the term of years that a franchise shall be granted should be submitted as separate II questions on the ballot. See Lahn v. Incor rated Town of Primghar, 225 Iowa 686, 28 .w 2 ( 93 )1 Keokuk Water Works Co. v. City of Keokuk, 224 Iowa 718, 277 N.W. 29 (19 8)1 1938 Op.Att'yGen. 841. I i r ■ s I :r J MINUTES SENIOR CENTER COMMISSION AUGUST 14, 1985 SENIOR CENTER CONFERENCE ROOM MEMBERS PRESENT: Bill Coen, Don Crum, Henry Fox, Geri Hall, Mike Kattchee, Ruth Wagner, Dorothy Whipple MEMBERS ABSENT: Marty Kafer, Bob Jackson STAFF PRESENT: Bette Meisel, Donita Devance GUESTS PRESENT: Edith Boldt, CoE; Mike Foster, Congregate Heals; Mike Lawson, MECCA CALL TO ORDER/MINUTES: Commissioners assembled with the Council of Elders at 3:00 for a group picture that will be included in the September Anniversary issue of the Post. The meeting was called to order by the Chair at 3:10 p.m. Coen thanked-Fx for chairing the July meeting. Whipple expressed dissatisfaction at not having the word 'complaint' stricken from the minutes of June 12. Wagner explained that by so noting her objection in the July record, the minutes had been corrected to reflect her opinions but that actual events and statements of a meeting could not be changed. Hearing no corrections, the minutes of July 10, 1985, were accepted as read. PUBLIC DISCUSSION: Coen asked that guests introduce themselves to Commissioners and offer any discussion at this time. There was no discussion. SERVICE PROVIDERS' PRESENTATION: Congregate Meals Manager Mike Foster explained that the meal program is a federally funded effort, administered by the Heritage Agency on Aging. The network of federal funds for Congregate Meal programs was established by the Older Americans' Act of 1964. The purpose of the Act was to improve the quality of life for senior citizens. Heritage subcontracts with the Johnson County Board of Supervisors, who run the Iowa City meal site. Established in 1974, it is one of the oldest sites in the area. It is the policy of the Johnson County Board of Supervisors, that any person, regardless of income, age 60 or older and the spouse of that person are eligible for the program. Special exceptions are made for handicapped persons who live or are involved in activities at the Congregate Meal site. Participants are asked to contribute $1.25 to cover the cost of food (but not including cost of preparation). Visitors (including children) and staff, who do not meet the age requirement may purchase a meal for $2.50. Though it is a goal of the program to give preference to those with the greatest social and economic needs, Foster explained that there are no set guidelines by which to achieve this goal. Establishing commaraderie and companionship are goals for the program, though Foster admitted it is sometimes difficult to break through long-time friend- ships and clicks when new people come. Foster suggests that all newcomers I Senior Center Commission August 14, 1985 Page 2 call in advance so that the hostesses will know that they are coming. In this way it is possible to integrate then and to familiarize them with the process. Menus are printed monthly and are available in the nutrition office. The newspaper prints the menus weekly and they are announced an local radio stations. Special diets are available on request. Special events, menu popularity, etc., are taken into account daily in order to calculate the number of meals that it will be necessary to prepare. Left overs are handled either by serving them as an alternate the next day or by freezing and serving later. A disadvantage to serving alternatives is that people begin to expect then and they are not always available. Foster prepares the menus about a month and a half in advance. The menus must be approved by Robin Heller, a nutritionist with Heritage. In making up the menus, Foster must take several things into consideration: color and texture, popularity of items, picking something from each of the basic four food groups, seasonal costs, equipment, personnel and mechanical aspects. * For example, jello cannot be served on Monday because there is no staff person available on Sunday to make it. One problem is that while the suggested donation is $1.25 per person the average donation is about 901. This is one of the lowest. donations in the seven county area. Those sites with lower donations are in economically depressed environments. This, of course, is not true of Iowa City. Foster suggested that one rationale is that Iowa City and Marion are two of the oider.sites in the Heritage system. At the time that these programs were begun,' the suggested donation was 501. Foster feels that participants are reluctant to accept the increase in price. Though public donations are part of the program funding, Foster and the Nutrition Advisory Board are hesitant to press the donation issue. Over -emphasis on money is likely to discourage the most needy from coming. Likewise there are others who do not came because they feel it would be accepting a handout, Foster reported. Home Delivered Meals, another service of Congregate Meals, provides meals for about 120 homebound seniors daily. Participants in the program are sent a statement detailing the number of meals that they received over the past month and the cost of the food. An additional 251 per meal is added to the suggested donation for Home Delivered Meal recipients to cover the cost of transportation. An added advantage to the program is that for many of the people who receive the meals this is the only contact that they will have with people outside for that day. Drivers are able to check on participants to -see that they are alright. Many times they are asked to do small favors or tasks. For some it is the only source of regular social interaction that homebound elderly will receive. There are seven routes daily. Drivers are paid to run two of the routes but the program depends largely upon volunteers. Five volunteer routes are needed daily just to reach the Iowa City/Coralville area. Hostesses, tray carriers, service and dishroon volunteers supplement the two entree cooks, one desert cook, and two service employees hired by the county. I /7S/ y Senior Center Commission August 1:, 1925 Page 3 Because the Nutrition Advisory Board decided that the Iowa City Site Council was not effective, quarterly "Town Meetings" are held in which questions are asked and answered, problems and comments discussed. To insure that the meetings are well attended, ice cream, a popular item, is served on that day. There is a monthly meeting of the Nutrition Advisory Board, the advisory organ of Congregate Meals program. Kattchee asked if the meetings were publicized. He suggested that the agenda be posted and announced on the calendar and the Post. He reminded Foster that the meetings of City and County Boards and Missions are open to the public. SENIOR CENTER UPDATE: Kattchee noted that the figure recorded for Congregate Meals was larger than that of the total number recorded entering the building. Meisel explained that people do not always sign in at the Center but that someone in Congre- gate Meals is always there to make certain that everyone receiving a meal is counted. She estimated actual attendance figures at the Center were higher by at least ten percent. Kattchee suggested that this observation be added as a footnote to the bottom of the monthly attendance statistics report. Meisel asked for input regarding the draft of the Commission's responsibili- ties, goals and plans for the coming year. The statement would be published along with that of Boards and Commissions' statements from other agencies within the City. Meisel explained that the statement was essentially unchanged from that of the past statements issued by the Commission. Meisel explained that the figures for classes, services and special events were cumulative totals, arrived at by adding the numbers monthly. Kattchee asked if there was some method by which to review the effectiveness of in-house service providers if in the future there was a need for more space than was available. Meisel reminded the Commission that space contracts were reviewed annually. Kattchee suggested that the pians and goals for the coming year be amended to reflect the Commission's desire to continue the effort to obtain a Volunteer Specialist for the Senior Center. There was general agreement; no second. Wagner said that it was the feeling of several Commissioners that they should take a more active role in planning the future of the Senior Center. She expressed a desire to draft some specific goals for the coming year, determine the Commissioners perception of their jobs, how Commissioners might be more supportive and responsive to staff, and define duties in relationship to the City Council and the Board of Supervisors. Kattchee reminded the Commission that the duties of Commissioners are spelled out in the operational handbook. Hall recommended the formation of some concrete goals in addition to the global, general goals in the handbook. It was agreed that input from all Commissioners was desired. It was suggested that members bring ideas to the next meeting. Pians could be discussed at that time. Hall moved that the draft for pians and goals of the Commission be submitted with the addition of a statement concerning the Commission's commitment to obtaining the Volunteer Specialist and that work on the next set of more specific plans and goals begin as early as the next meeting. Whipple asked that the draft presented by Meisel be submitted as written, with no amendments. Hall so moved. Whipple seconded. Motion accepted, unanimous voice vote. %.S7 i Senior Center Cormission August 14, 1985 Page 4 Meisel reported that the Program Specialist had requested an amount of money to be used in the training of volunteers so that they would be more effective in dealing with the public. Her estimate for the cost of films, lectures and materials for six training sessions is approximately ;1,500. Meisel recom- mended that a Budget Amendment Request be prepared, and that the funds be taken from the almost $3,000 left over from the FY85 budget. Kattchee moved that the request for funding be prepared and submitted through proper channels. Fox seconded. Motion accepted, unanimous voice vote. Meisel informed Commissioners that a long-time volunteer, Tom Lunkley, was about to move out of the area. Tom has devoted several years of service to i the Senior Center Garden Goodness Market, bringing over extra food from the Farmers' Market, conducting lectures, etc. Meisel recommended that a certificate of appreciation, signed by the Commission Chair and Mayor McDonaid, be presented to Ton to acknowledge his valuable service. Hall moved that the certificate, bearing the signature of the Commission Chair, be presented. Kattchee seconded. Motion accepted, unanimous voice vote. Meisel requested the aid of Commissioners in selecting library shelving. Proceeds from the Garden Goodness market had been earmarked for the purchase of the shelves. The professional collection as well as materials in the mezzanine library have grown so that the volunteer librarians need the additional shelving as soon as possible. Meisel has obtained the opinion of the public librarians (they had no preference as to whether wood or steel shelving was better) and would like some input from Commissioners. Kattchee moved that the staff be authorized to purchase proper shelving. Fox sec- onded. Unanimous voice vote. Kattchee recommended that the new shelves prominently display a plate that would read "Paid for by donations to the Senior Center Gift Fund." COUNCIL OF ELDERS REPORT: Edith Boldt will be the new Commission representative from the Council of Elders. She gave the following report: There has been a change in the standing rules to reflect a $300 budget and establishing a budget committee to oversee those funds. A new member, Rowena Harvey, has been appointed to replace Kathleen Norris who has resigned. Out of 70 responses to the television survey, an overwhelming number of people preferred that the television set remain in the first floor lobby. CoE members received copies of the new announcements schedule. Announcements will continue to be made every Monday afternoon during Congregate Meals. The Program Committee is sponsoring a "Bring a Friend Day" on Thursday, September 19, in honor of the Senior Center's fourth anniversary. The Committee hopes to encourage new participants to come to the Center. Staniar Center Cunmissicn August 14, 1985 Page 5 LETTER FROM AGNES KUHN: Coen reminded Commissioners that they had resolved in the previous meeting to discuss the letter written by Agries Kuhn. Hall recommended that a letter be sent to Mrs. Kuhn acknowledging the letter and thanking her for her input. Kattchee seconded. Accepted unanimous voice vote. PUBLIC DISCUSSION: Meisel asked Commissioners to inform staff when they would be missing a meeting. i I I j � I i f y i I i i i Staniar Center Cunmissicn August 14, 1985 Page 5 LETTER FROM AGNES KUHN: Coen reminded Commissioners that they had resolved in the previous meeting to discuss the letter written by Agries Kuhn. Hall recommended that a letter be sent to Mrs. Kuhn acknowledging the letter and thanking her for her input. Kattchee seconded. Accepted unanimous voice vote. PUBLIC DISCUSSION: Meisel asked Commissioners to inform staff when they would be missing a meeting. i I I j � I i f i I i I I I. j 1 � 1 MINUTES $ubj2d tO Approval DESIGN REVIEW COMMITTEE WEDNESDAY, SEPTEMBER 11, 1985 - 4:00 P.M. IOWA CITY PUBLIC LIBRARY - ROOM B MEMBERS PRESENT: Alexander, Amert, Eckholt, Lafore, Novick, Seiberling, Sinek, Summerwill, Welt MEMBERS ABSENT: Haupert STAFF PRESENT: Cain, Dittmer GUESTS PRESENT: Harry Ambrose, Larry Baker, Jim Clayton, Bill Nowysz, Art Small RECOMMENDATIONS TO COUNCIL The Committee recommends that: (1) the City Council approve the amended design plans for Parcel 65-2b with the Old Armory arch (if it can be obtained) approximately even with the wall face and in front of an alcove recessed into the wall as the preferred option; and (2) that a lease be granted to the developers as necessary to allow the brick facade to be constructed on the west wall. The Committee recommends that: (1) the proposed design plan for the facade and canopy at 121 East College not be approved due to violations of a. through f., Building Design section, and the Sign section of Chapter 9(d) of the Municipal Code [see attached sheet]; (2) no action be taken by the applicant, Mr. Ambrose, until the Council has reviewed the project; and (3) that Mr. Ambrose seek professional design direction before proceeding further with this development: CALL TO ORDER Chairperson Seiberling called the meeting to order at 4:05 p.m. INTRODUCTIONS Chairperson Seiberling introduced a new member, Craig Welt, to the Committee. APPROVAL OF MINUTES Alexander moved that the minutes of July 3, 1985, be approved as circu- lated. Sinek seconded the motion. The motion carried unanimously. REFERRAL FROM URBAN ENVIRONMENT AD HOC COMMITTEE Larry Baker asked the Committee to consider what it would like to see as its role in the future. He said the Urban Environment Ad Hoc Committee would like the Design Review Committee to consider specifically what areas, if any, it sees as problem areas. He said perhaps a joint meeting in November would be possible. He mentioned the proposal he had discussed earlier and said he would like the Committee to seriously consider it. II Design Review Committee September 11, 1985 Page 2 Sumnerw17l asked if Baker was wanting a recommendation that could lead to ordinance power. Baker replied he was. Sumnerwill asked if the Committee would possibly be joining with the Historic Preservation Commission in the future to form an Architectural Review Committee. Baker replied that he would leave that up to the Committee, but he could see the formation of a joint committee on some issues. Baker ended that he would like to see some specific recommendations from the Committee which eventually could lead to ordinances. Lafore suggested that a subcommittee be appointed to work with Cain on the recommendations for the Environmental Ad Hoc Committee. Summerwill, Eckholt and Welt volunteered. URBAN RENEWAL PROJECT 1. Review and Recommendation on Revised Design Plans for Parcel 65-2b: Seiberling introduced Art Small and Bill Nowysz, who gave the Commit- tee a review of the design plans for the remodeling of the Paul -Helen Building. Small said he has been dealing with the State Office of Historic Preservation architect to receive advice and facilitate having the building placed an the National Register. He reviewed the arch design which will be incorporated into the west facade. He said he has been trying to purchase the arch which is on the front of the Old Armory. However, assuming the arch cannot be purchased, he said another entryway has been designed and will still maintain the arched opening. Nowysz displayed the site plan designs he had previously shown the Committee. He said there has been some disagreement in dealing with the State Historical Department (SHD) architect regarding the renova- tion's conformance as an historic structure renovation for the National Register. Nowysz said the biggest area of concern has been the arch placement. He showed the Committee a new arch design plan which would project the arch out from the facade approximately five feet into the Blackhawk Mini -park. This illustrated the recommendation of the SHO architect. He showed an alternative design in which the arch was set about even with the west facade in front of a niche recessed into the building. He also discussed window treatments for the west and south sides. Eckholt asked if the Historic Preservation Office would have a problem with these two designs. Small said he felt the Office would not have a problem with the designs. Seiberiing asked what was needed from the Design Review Committee. Small replied that he wanted the Committee to know what design alternatives are being discussed. He said he wanted to know, if the projected arch was used, what possibilities there would be for City approval. Cain said he could apply for a lease on the encroached space. She said there also may be a need for a lease for the four to twelve inch projection for the brick facade. /75-z I y Design Review Committee September 11, 1985 Page 3 Cain said the Committee should recommend approval or disapproval of the new arch designs since either is different from the original design previously recommended. Alexander moved that the Council approve the amended design plans with the arch before an alcove recessed into the wall as the preferred option and that a lease be granted to allow the developers to put the brick facade on the front. Eckholt seconded the motion. Discussion centered around the projected arch and whether it would disrupt the Blackhawk Mini -park. Novick said that setting the arch out from the face could be a positive element and not detrimental to the redesign of the minipark. Eckholt also mentioned the need for flexibility to create more interest within the Plaza area. Seiberling called for a vote. The motion passed with Novick voting no. REVIEW OF CANOPY APPLICATION FOR 121 E. COLLEGE Harry Ambrose, owner of Fridays at 121 E. College, showed the Committee sketches of his proposed remodeling project. He said he wanted to put up a black and gold striped canopy, reduce the existing front windows to 4'x8' each, and construct a second set of double doors. He said the front would be trimmed in black and gold and use the existing outside lights. Ambrose said he is trying to model the facade after his other business in Cedar Rapids called 'The Tycoon.' He said the canopy would not be retractable and would have three names and the phone number along the front border. Ambrose said the second entrance is being built so that food can be vended from an alcove just inside the door. He said the projection of the canopy would extend 66 inches. Summerwill asked Ambrose if he had received any, professional design assistance for this project. He replied he had not. Eckholt said he felt the remodeling would set back everything that has been done in that area in the last 20 years. Seiberling voiced her objections as did the whole Committee. Sumnerwill said the attachment violates every item from the permanent and, temporary structure section from Chapter 9 of the Code of Ordinances. [See Code section attached.] Discussion then centered around how best to voice the disapproval that the Committee felt for theproposed project. Summerwill said she wants the Council to really understand what the front would look like. She said it would change the character of the whole block. In response to a question, Cain said Ambrose had been sent the staff report with the evaluation criteria attached and a letter stating the Committee would be concerned with color, harmony and scale and encouraging him to have a facade plan ready .for Committee review. Summerwill moved that the proposed design plan not be approved due to its violations of the Code of Ordinances, Chapter 9(d), Permanent and Tempo- rary Structures: the plan violates a. through f. of the Building Design section, and the proposed canopy violates the Signs section. [See Code / 9S•Z i Design Review Committee September 11, 1985 Page 4 section attached.] Further, the Committee recommends that no action be taken by Mr. Ambrose until the Council has reviewed the project, and lastly, the Committee recommends that Mr. Ambrose seek professional design direction before proceeding further. Alexander seconded the motion. The motion carried unanimously. Amert said she felt the project not only violated the letter of the law but the spirit also. General consensus was that as many of the Committee members as possible should attend the next Council meeting on September 24 for discussion of this item. SUGGESTIONS FOR PROPOSALS FOR CD8G FUNDS Seiberling asked the Committee for any suggestions of proposals for CDBG funds. Sunmerwill mentioned bike trails on Mormon Trek. Seiberling suggested that Summerwlll contact Jeff Davidson from JCCOG on this subject. Sinek suggested funding for an irrigation system for City Plaza plantings. Seiberling and Cain will investigate this project as an eligible use for CDBG funds. OTHER BUSINESS 1. Update on City Plaza Fountain Signs Cain showed the Committee color samples for the fountain signs. General consensus was in favor of the "Light Ouranodic" finish. 2. Update on Proposed Newspaper Vending Machine Regulations Cain referred the Committee to the staff memorandum regarding the status of the proposed ordinance. She said the City Legal Department has not yet completed its review. Novick said she could obtain photos of the newspaper vending areas in Baltimore to show the Committee. 3. Update on Dubuque Street Parking Ramp Expansion Cain referred to the memorandum regarding the ramp expansion. She said, due to some construction problems, the ramp expansion will not be open until spring. 4. Schedule for Sign Design Booklet Amert said she has been trying to interest some mass communications students from the University in developing a sign design booklet as a project for a class. She said she has not yet received any responses. 5. Update on City Plaza Landscaping Policy and Plan Cain mentioned that the planter is now installed at the front of Eby's. Plans call for flowers to be planted in it. I 1 J Design Review Committee September 11, 1985 Page 5 Cain mentioned there is a need for irrigation repairs in the watering system at the Plaza area. She said the Committee may want to remember this at the time of the redesigning of the Blackhawk Mini -park. Seiberling said she thought some specific plans need to be made so that projects could be available for organizations or individuals willing to offer assistance, expertise or materials. Cain said she will check on the progress by Parks and Recreation in developing these plans. The next meeting was tentatively scheduled for October 16, 1985. ADJOURNMENT The meeting was adjourned at 6:00 p.m. Minutes submitted by Kim Dittmer. /9S.z f f I. i i I i `I Design Review Committee September 11, 1985 Page 5 Cain mentioned there is a need for irrigation repairs in the watering system at the Plaza area. She said the Committee may want to remember this at the time of the redesigning of the Blackhawk Mini -park. Seiberling said she thought some specific plans need to be made so that projects could be available for organizations or individuals willing to offer assistance, expertise or materials. Cain said she will check on the progress by Parks and Recreation in developing these plans. The next meeting was tentatively scheduled for October 16, 1985. ADJOURNMENT The meeting was adjourned at 6:00 p.m. Minutes submitted by Kim Dittmer. /9S.z f f I. i `I I I i .__._... _._______._ ___._.._...._._____ _.I (d) Permanent and temporary structures: The city manager, Upon Approval of city council, may enter into an agreement for the sale or lease of public right-of-way in the City Plau for the con- struction of an addition to an existing store front or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and Assurance that the following con- ditions have or will be met: (1) Buildingdesigm a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. C. Materials which an architecturally harmonious shall be used for all building wells and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: 1. Harmony with adjoining buildings: 2. Relationship to the brick and wood theme of City Plaut 3. Materials shall be of durable quality. a Building components, such u windows, doom, eaves, and Parapets, shall have good proportions and relation- ship to one another. L Coln dhall be sslacted for their harmony and/or ability tocamplament the calorachame of the CityPlaza. g, Mechanical equipment or other utility hardware on roof, ground or buildings shall be serened from public view with materials harmonious with the building, or shag be located so u not to be visible from any public ways. IL Exterior lighting shag be part of the architectural con - ceps Fixture, standards, and all exposed accessories shall be harmonious with building design. (2) Signs: A, Ali signs shall be pert of the architectural concept Size, color, lettering, location and arrangement shag be bu- monious with the building deign, and shag be compat- ible with signs an adjoining buildings. b. Materials used in signs shag have gobd architectural character and be harmonious with building deign and the materials used in the City Plaza. m Every sign shall express in scale and in proportion an appropriate visual relationshipto buildings and sur• roundings. d. Colon shall be used harmoniously and with restraint Excessive brightness and brilliant colon shall be avoid- ed. Lighting shall be harmonious with the design. If' external spot lighting is used, it shag be arranged so that the light source is shielded from view. A Design Review Committee recommendation for a design Proposal for signage, building facades, extensions and other items should specifically include consideration of these criteria. (3) Additional criteria: L The design review committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this chapter. Such Source: Chapter 9, Code of Ordinances criteria shall become effective only when adopted by the city council by resolution.