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HomeMy WebLinkAbout1981-08-25 Bd Comm minutese_• MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, 4:00 P.M., JULY 21, 1981 CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Johnson, Pepper, Madsen, Eskin MEMBERS ABSENT: Terry OTHERS PRESENT: Dennis Walters from Christian Media Network; Dan Daly from Access Iowa City; Blough, Kalergis, Hindman from Hawkeye CableVision; Sandy Stanar from Press - Citizen STAFF PRESENT: Shaffer, Helling, Brown, Tiffany RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: The Extension Policy being formed by Hawkeye CableVision will need to be approved by the BTC and City Council. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Madsen reported on Hawkeye and Shaffer's records of cable -related complaints. It was noted the first Triannual Review of the cable franchise in Iowa City is upcoming, to be finished by April 18, 1982. A report was made on National Federation of Local Cable Programmers Conference in Atlanta, Georgia. The BTC requested a written policy statement from ATC regarding Senate Bill 898, a bill which could effectively eliminate government regulation of cable and access channels. A Christian Media Network representative described additional programming to be carried by Hawkeye on channel 24. Johnson spoke of a variety of ideas and plans to get information about cable TV and access to Iowa City citizens. Shaffer spoke about the new citizens access support group which has been formed called Access Iowa City, National Telecommunications Information Administration grant equipment and cable complaints over the last month. The uses of the cable franchise fee were discussed. The BTC Annual Report draft was reviewed. Brown offered an opinion on the City's inability to regulate cable pay channel rates. Hawkeye reported status of construction and plans for completion of construction. There are eight miles of construction left to reach the last 70 homes in Iowa City. A letter surveying each of these last 70 homes and whether each resident is interested in subscribing to cable will be sent out. The Extension Policy MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES L'. 1a37 - -c MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION JULY 21, 1981 PAGE 2 which affects only those persons more than 200 feet from a city easement, public right-of-way or existing network was discussed. The BTC formally requested a written Extension Policy from Hawkeye CableVision. MEETING CALLED TO ORDER: Meeting called to order at 4:03 p.m. MINUTES Moved by Madsen, seconded by Pepper to approve the minutes. Minutes approved unanimously. ANNOUNCEMENTS a. Records. Madsen reported about the Records Committee work she had done. The Records Committee is to survey the complaint records that Hawkeye CableVision and the BTC keep regarding any public contact. The records show generally two kinds of complaints, those of a technical nature and those of programming. Madsen commented that there were few programming or content complaints. b. Triannual Review. Pepper stated the ordinance requires the Commission to work with the cable company to review operations and services of the company each three years of the effective date of the franchise. The first Triannual Review should be conducted on or about April 18, 1982. The purpose of such reviews is to establish ongoing evaluation procedures to enable the City and the cable company to work together on an ongoing basis to ensure the performance, services, plans and prospects of the involved parties is within the intent and letter of the ordinance. This will enable a written history to be kept throughout the 15 year franchise. This should greatly facilitate the refranchising process. C. National Federation of Local Cable Programmers Meeting. Iowa City had the largest contingent of any city at the Atlanta MFLCP conference. It was pointed out the Iowa City system, in terms of programming, the access system and the construction completion rate, was by far a leader and model system. Senate Bill 898 and the three riders attached to this bill were a central focus of the conference. If passed, these riders would very possibly eliminate the ability of cities or states to regulate rates, the ability of cities to require any kind of cable access channels and would also limit franchise fee rates. The other issue dealt with was the National Cable Television Association's (NCTA) report to Senator Packwood. This report argued the cable industry is a telepublisher and is like a newspaper, so that no regulation at any Ia37 MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION JULY 21, 1981 PAGE 3 level of government would be permissible. The implications of this paper would mean the elimination of any government regulation of cable, would make granting of framchises illegal. and prohibit the requiring of access channels. Not all cable companies support the MCTA position. In that vein, Pepper spoke with Yutkin, ATC Regional Manager, who requested the BTC put in writing their request of ATC's policy statement on this issue. Pepper and Shaffer will draft and send this letter. Madsen suggested also putting in writing a request to Hawkeye that they provide a written extension policy to the BTC prior to the next meeting. PUBLIC DISCUSSION Dennis Walters from the Christian Media Network was present to describe his company and the programming they will be sending to Iowa City via satellite to the Apalachian Community Service Network (channel 24). This will consist of non -denominational religious programming that will not solicit funds. Instead, all programming is advertiser supported. CMN will also work with local churches encouraging them to produce their own programming to go on just prior to CMN 's programming. This is an addition to existing programming, not a substitution. i CITIZENS INFORMATION Johnson spoke of the benefits of getting information about broadcasting, cable television and access TV out to the citizens of Iowa City. Johnson and Shaffer have been working on several ideas. Many projects are currently underway towards this end which include: a series of videotapes of cable access television history, theory and philosophy, the how-to's of video production and example access programming; posters about access channels to be put on the City buses; and a one sheet listing of the addresses and phone numbers of all the networks and programmers now on the cable system in Iowa City. Johnson asked if Hawkeye would permit information about access to go on their billing statements to subscribers and/or including one sheet of information about access in the billing envelopes to Hawkeye subscribers. Blough responded favorably to these ideas. Other ideas included a model one page newsletter about telecommunications information to the public, doing a short, fast -paced introductory tape about access, a manual to consumers interested in learning more about cable television, playing back on tapes 24 hours a day on channel 26 rather than only a few hours a day (by repeat programming), soliciting community access produced programs from around the country to be played back in Iowa City and an Iowa City/Fernwood Tonight kind of talk/variety show. I'a37 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES mow) MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION JULY 21, 1981 PAGE 4 SPECIALIST'S REPORT Shaffer spoke about the new public access support group, which is now functioning and active. This group will be involved in facilitating access, program feedback, public education on telecommunications, ATC grant funding disbursement and technical training of citizens. This group, called Access Iowa City, has invited any or all members of the BTC to appear on channel 26 during "Access Week". "Access Week" is a week of special programming, coordinated by Access Iowa City, which will be highly visible. The purpose is to get the word about cable access TV out to more of the community. "Access Week" will take place August 30 to September 6. Shaffer reported on the new Nat. Telecommunications Info. Admin. Grant equipment which includes three color one-half inch VHS portapaks (all of these are being used for access channel purposes). The video one-half inch to three-quarter inch editing system is also in place and being used. There are circuit checkout systems for this equipment as opposed to Hawkeye's equipment. This equipment is being checked out by the AV desk in the Public Library. The problem of access to the editing system that Hawkeye owns was brought up. That is, the editing equipment is being used to its maximum currently and citizens are having to wait a long time to get on the editing system. There are currently strategies being developed to obtain a third system (the other two belong to Hawkeye and the Library) to ease the situation. Additional hours of editing equipment access was suggested. Shaffer reported he had 13 complaints last month. All are resolved exvept those that involve the Extension Policy which should be resolved by the BTC and Hawkeye soon. Shaffer also distributed a sheet detailing the current uses of the franchise fee. Questions were raised about the franchise fee and what it is to be used for. It was agreed the intent of the ordinance was to: 1) ensure funds are to be available to support and promote access cable TV channels in Iowa City, and 2) to pay back the City general fund for its initial investment in getting access started (such as BTC office, staff and expenses). ANNUAL REPORT The BTC reviewed the draft of the BTC Annual Report Shaffer produced. With minor changes this draft was accepted. ASSISTANT CITY ATTORNEY REPORT Brown reviewed his memo to the BTC regarding City regulation of cable company pay channel rates. In the City legal staff's opinion, the City W37 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION JULY 21, 1981 PAGE 5 cannot regulate pay channel rates due to Federal Communications Commission regulations. HAWKEYE'S REPORT AND THE EXTENSION POLICY Friendship Street should have cable service by the first week of August. Sterling and Dover Streets should have service by the middle of August. Cardiff, Ealing, McBride and Rexham should be done by mid-September. There are eight miles total of cable to be laid to get cable service to everyone in Iowa City. Many of the houses included in this eight miles are quite isolated and will take up to one or one and one-half miles of cable to get them the cable service. Rather than just extend the cable to these last 70 homes it was suggested Hawkeye send letters to all 70 houses (an approximate figure to be determined) querying their interest in subscribing to cable TV. All those who respond positively will get cable extended to them first. All those who respond negatively would have the system extended to their houses at the time they request it. This letter will be sent out so that responses can be collected by the BTC meeting August 25, 1981. The Extension Policy was discussed. The Extension Policy will affect those persons whose dwelling units exist more than 200 feet from a City easement, public right-of-way or existing network. Hawkeye must form a Policy, with a cost formula, for these persons which is acceptable to the City. This Extension Policy will need to be approved by City Council as stipulated in Ordinance No. 78-2917. Madsen made a motion to write a letter requesting a written extension Policy to Blough with a copy to Yutkin. Seconded by Johnson. Unanimously approved. It was requested this policy be received at least one week prior to the August 25, 1981 BTC meeting. NEW BUSINESS: None. ADJOURNMENT: Moved by Johnson, seconded by Madsen to adjourn. Unanimously approved. Adjournment at 6:00 p.m. Respectfu ly submitted, Drew S affer, BTS Q37 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES United Action for Youth, Inc. Minutes of June 8, 1981 Meeting Board Members Present: Paul McCue, Roberta Patrick, Jeff Schabilion, Judy Kelly, Jan Lown, Jessie Henry, AI Bohanan, Mary Larew, Dennis Hedges, Neal Morris. Board Members Absent: Nina Hamilton, Mace Braverman, John Murray, and Selma Connor Staff Members Present: Renate Thumel, Marsha Swartz, Craig Wunderlich, Jim Swaim, Peg McElroy, Patty Fugate, and Bill Newbern. The meeting began with an introduction of Renate Thumel from Hanover Germany. Renate is sponsored by CIP and is living with a host family while in Iowa City. She works with unemployed youth in Hanover. She will be doing a practicum along with Marsha from the School of Social Work during the summer months. Minutes of April Meeting: Roberta moved and Mary seconded approval of minutes All in favor. Finance Report - April: Peg gave a brief finance report. Al moved that the report be accepted. Roberta seconded. Unanamous approval. Report on meeting regarding reduction in Synthesis position: Craig, Bill, and. Jim met with Paul and Ralph Johnson concerning the situation with Synthesis in light of budget cuts and cut back in staff. The meeting included sharing of information for continuance of sound studio activity such as use of volunteers, use of Phase III students, and other community resources. The door was left open for young people involved in Synthesis to continue to communicate their needs to the staff and/or board members. Dance Workshop - Expansion Arts: Peg reported on the $600 Iowa Arts Council Grant which was recently obtained to hire Judith Cipshutz, Dance* Therapist, for a dance workshop with young people and the Elderly Day Project program. A video production coupled with documentation of the project throughout the workshop will be available at the end or the workshop period. FY 82 Budget - Final Draft: Jim Announced that the final draft will be available for the next board meeting. Changes in the original proposal are $7,500 from IDSA and $750 from HEW (STAT). Jim also reported that utilities will be $200 monthly; the lease is currently being negotiated with the Friends, and the possibility of installing a business line for the Friends which UAY would answer. Al moved that the first draft of the budget. be accepted, Jeff seconded, and all were in favor. New Business Audit - Greenwood 6 Crim: Al moved and Mary seconded that we accept the $650.00 'bid from G 6 C for the Fy 81 audit. Unanamous approval. Unemployment Rate- options for bond: Roved to the next meeting when information has been received from Job Service of Iowa. W? 11 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Minutes Continued 2 FY 82 Contract with City: Jim spoke with Pam and Neal and a revision in the contract will include 2 city slots on the board of directors which currently exists, however, the City would submit recommendations for city representatives on the board to the board of directors for approval. Neal and Nina (city appointees) will write a letter to the City Council regarding our intentions. Jim will work with Neal on this project. The only other item was insurance coverage for employee's while utilizing their cars for UAY business. This is covered on our current insurance policy. Al moved to accept the contract as reported, Judy seconded, All in favor. Al will look at the final contract. Summer 11eeting Schedule: It was decided to meet July 20, 1981 at ` Al Bohanan's house for potluck and meeting at 7:00 p.m. No board meeting will be planned for August. Election of Officers: The slate of candidates presented by the membership i committee are as follows: Neal Norris, President; Judy Kelly, Vice -President; Al Bohanan, Secretary; and Mary Larew, Treasurer. Al moved that we accept the slate, Roberta seconded. All approved. The meeting adjourned Respectfully Submitted Selina Connor by Pcg McElroy ►a3 r j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DF.S MOINES 3h3 MINUTES HOUSING APPEALS BOARD June 11, 1981 8:00 A.M. MEMBERS PRESENT: Goldene Haendel, Carol (Carstens, Mark Koenig MEMBERS ABSENT: Mike Farran, Rachel Dennis, Kathleen Graf, Rev. Leonard VanderZee STAFF PRESENT: Judy Hoard, Mike ICucharzak, Dave Broom SUMMARY OF DISCUSSION AND ACTION TAKEN: Chairperson Haendel called the meeting to order. CarolKarstens moved to approve the minutes of the last meeting. Seconded by Mark Koenig and passed. APPEAL OF MR. GARY FINK Others Present: Gary Fink Mr. Fink is appealing a violation of lack of natural light and ventilation in the dining room of Apartment 4 of a building located at 114-116 E. Washington. Judy Hoard stated that she had gone to the property on May 19 and found that Apartment 4 was short of natural light and ventilation in the dining room. Options for correction of the violation would be to install a window, enlarge door between the kitchen and diningroom, or add a skylight. An extension of 18 months or a conditional variance for the tenancy of the present occupant, an elderly person, could be granted. Mr. Fink stated he would correct the violation and move tenant of 27 years out. He said he would not force tenant to move , but felt when rent was increased she would be moving. He said he had appealed violation three times and was tired of process. Moved by Carol Karstens and seconded by Mark Koenig that a variance be granted. Motion passed. APPEAL OF MR. GEORGE MCCUNE Others Present: George McCune Because of the prospective sale of the property at 331 N. Gilbert, Tom Cilek, an attorney, requested an inspection to the property. The basement apartment was found to have a ceiling of 6 foot 8 inches. The Housing Code requires a minimum 7 foot ceiling. The ceiling had been lowered to cover hot water pipes. The apartment is in good condition and there is a sprinkler system in the furnace room in the basement. No health or safety problem was cited. Mark Koenig moved and Carol Karstens seconded a motion that a ceiling height variance of 6 foot 8 inches be granted. Motion passed. IA37 I MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES .7 MINUTES HOUSING APPEALS BOARD JUNE 11, 1981 PAGE TWO Mark Koenig moved and Carol Karstens seconded the motion that the meeting be adjourned. Motion carried, APPROVED BY:"Cil tL�.�t . ��1�e�Q� I. jI Ii MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES L 5 a 4 MINUTES PLANNING AND ZONING COMMISSION JULY 23, 1981 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Dick Blum, Loren Horton, Jane Jakobsen, Horst Jordan, John McDonald, Kevin Phelan and John Seward. STAFF PRESENT: Doug Boothroy, Karin Franklin, Linda Woito. RECOMMENDATIONS TO COUNCIL: S-8109. That an application submitted by Bruce R. Glasgow for the approval of the final plat, PAD and LSRD plan of Court Hill -Scott Blvd., Part VIII, located south of Lower West Branch Road be approved. SUMMARY OF DISCUSSION: The minutes of July 2 were approved. Subdivision Item: 5-8109. Public discussion of an application submitted by Bruce R. Glasgow for the approval of the final plat, PAD and LSRD plan of Court Hill -Scott Blvd., Part VIII, located south of Lower West Branch Road; 45 -day limitation period: 8/27/81; 60 -day limitation period: 9/11/91. Boothroy presented a visual aid and a brief review of the details of this plan. The staff recommended approval of the final plan subject to review of the legal papers and approval of the landscaping plan. There is a sidewalk easement area provided in the plan. Woito polled the Commission. The motion to approve the final plan carried unanimously. The motion to approve the landscaping plan carried unanimously. Zoning Items: Z-8104. Public discussion of an application submitted by Valerie Siebert, et al for the rezoning of six lots from RIB to R2 located at the intersec- tion of Garden and Friendship Streets; 45 -day limitation period: 8/17/81. Z-8104 was not to be voted on at this meeting announced Jakobsen but will be voted on the first Thursday in August. Franklin presented the rezoning item. The staff recommended the application be denied. Franklin said there doesn't seem to be any significant reason for rezoning at this time. She also stated that the applicant has requested that any determination on this be postponed until the next meeting when the applicant's attorney can also be present. MICROFILMED BY DORM MICRO_ LAB CEDAR RAPIDS•DES MOINES iayo V_ Planning and Zoning Commission July 23, 1981 Page 2 Jakobsen opened the issue to public debate, A considerable number of people were present in opposition to the approval of this rezoning item. Lyle Seydel, 445 Garden Street (immediately across from the parcel in question). He presented a petition signed by 111 people living in the immediate vicinity. He hoped this petition would be forwarded to the Council. He requested that the rezoning item be delayed to the meeting following the August 6th meeting as he would be out of town on vacation at that time. He asked that others take the floor now that he had presented the petition and made known his opposition. Jakobsen said the postponement would not be possible but could see that there would be many others who could stand in for Seydel. Elaine Swails, 1807 C. Street. Swails objected to the request due to the possible increase in density. She also will be on vacation on the week of the next meeting but hoped the Commission would carefully consider the petition and her request that the zoning stay the same. She objects to it being changed. i Maxine Hammer, 1854 Friendship Street. I Hammer also will be out of town during the week of the next meeting and hoped the Commission will consider her concerns carefully. The people who signed the petition are in an area two blocks from the area to be rezoned, she stated. She objects to the area being rezoned. Ronald Prosser, 1840 Friendship Street. He is strongly opposed to the rezoning and will be in town for the next meeting. He hoped the Commission will take into account the fact that almost all the neighbors are opposed to this. Carole Seydel, 445 Garden Street. She wished to explain that two people were inadvertantly missed when the petition to oppose the rezoning item was circulated, and they wish to be on the petition. She also wished to make it known there are two others whom she is representing who also wish to be on the list. She said the neighborhood has come alive and feels that they must preserve this very pleasant home neighborhood as it is now. Jan Strahorn, 417 Garden Street, representing both her and her husband. She said the quality of life is very good in this neighborhood. She would be very disheartened to see the atmosphere destroyed by these duplexes being built. She also mentioned that two people, Rita Smith and Jack Pollock, are on vacation and are definitely opposed to this. MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES I— Planning and Zoning Commission July 23, 1981 Page 3 Reggie Stevens, 1850 Friendship Street, representing both his wife and himself. He hoped the Commission would take into consideration the steady values of this neighborhood. This is an old area. There are no sidewalks and if one brings in a number of families, this would be another consideration. He will be at the meeting for the vote on August 6th. He is in full support of the petition and hopes to be taken into consideration at that time. Ralph Deadman, 1811 E. Court Street. He agreed with everything that had been said so far and was happy that the staff recommended it be denied. Joellen Megan, 1812 B Street. She stated that her family moved into the neighborhood two months ago. She and her husband waited some time to find a place that appealed to them for aesthetic reasons. She is in agreement with all the other people who signed the petition and hoped the application would be denied. L. Seydel came forward at the request of the Commission to speak for the people who signed the petition who he knows personally. A general discussion followed in an effort to pinpoint where the petitioners lived, on the visual display of the parcel in question. There was no one there who wished to speak in favor of the item. Seward explained that although he would not be in attendance for the vote at the next meeting, he was opposed to the rezoning item. 10.19 Boothroy stated that it had been in the paper for public discussion tonight. This item will be deferred to the meeting of August 6th. The staff and Commission expect to hear more from the public. There are some minor corrections to the item which must be taken care of by the next meeting. Bruce Glasgow made a brief statement in support of the amendment. Other Business: Jakobsen gave a brief description of the annual report. It contains primarily the amount of work done and other committees the members of the Commission serve on. Horton serves as representative to the Riverfront Commission, Blum is a first alternate to JCCOG and Jakobsen is a represen- tative to the Ralston Creek Coordinating Committee. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 120 Planning and Zoning Commission July 23, 1981 Page 4 The meeting adjourned. Taken by Joan Crowe. /J� Approved by "� /'' Wy_-c� Loren Horton, Secretary MICROFILMED BY )ORM MICROLAB CEDAR RAPIDS -DES MOINES Iti gbh MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1981 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Blum, Jakobsen, Jordan, McDonald, Phelan MEMBERS ABSENT: Horton, Seward STAFF PRESENT: Franklin, Knight, Woito RECOMMENDATIONS TO CITY COUNCIL: Amendment to Section 8.10.19 (additional regulations) of the Zoning Ordinance allowing funeral homes/mortuaries to be located in multi -family zones was recommended for approval. S-8107. Application submitted by Hills Bank & Trust Company for approval of a preliminary and final large scale non-residential development plan for the lot located at the southwest corner of Gilbert Street and Highway 6 was recommended for approval. S-8108. Application submitted by Furman Construction Inc., for approval of the final plat of the subdivision located north of Linder Road was recommended for approval subject to the changes noted below. S-8110. Application submitted by Bryn Mawr Heights, Inc., for approval of a preliminary plat for the subdivision located west of Sunset Street Extended was recommended for approval subject to the changes noted below. i i SUMMARY OF DISCUSSION: Jakobsen called the meeting to order. The minutes of July 23 were approved with the following change: Page one under item S-8109, remove the sentence "Woito polled the Commission." There was no business to discuss not on the agenda. ZONING ITEMS: Z-8104. Public discussion of an application submitted by Valerie Siebert, et al. , for the rezoning of six lots from RIB to R2 located at the intersection of Garden and Friendship Streets; 45 -day limitation period: 8/17/81. i MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS•DES MOINES L.,. i avo 7 MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1981 PAGE 2 Jakobsen explained that a letter had been received from the applicant requesting that this item be deferred for two weeks and waiving the 45 -day limitation period. Jakobsen then asked if anyone was present who wished to speak on this item. R.J. Boot of 518 Garden Street voiced his continuing opposition to this rezoning. Jack Pauling of 416 Garden Street also stated that he was opposed to this rezoning. Merle Simmons of 1809 C Street stated that he was opposed to this rezoning. And, Richard Dawson of 429 Garden Street voiced his opposition to the rezoning. Blum moved that the item be deferred, and McDonald seconded. The motion Passed unanimously. Public discussion of an amendment to 8.10.19 (Additional Regulations) allowing funeral homes/mortuaries to be located in a multi -family zone. Jakobsen asked the staff if there was any new information. Knight stated that the staff had spoken with Sharm Scheuerman and that he had no substantial objections to the zone as presented. He also pointed out that while the ordinance was currently in draft form, it would be placed in final ordinance form prior to City Council review. There was no further discussion and it was moved and passed unanimously that this item be recommended for approval to the City Council. Z-8105. Public discussion of an application submitted by Hsi Fan and S. Y. -Mi for the rezoning of one lot from RIB to R3A located at 209 Myrtle Avenue; 45 -day limitation period: 9/30/81. Jakobsen stated that an amendment to the Comprehensive Plan would be RiversideDiscussion p Court requested anexpl nation public.en to the l f the case. Knight presented the facts of the case. Knight stated that the Planning and Zoning Commission had discussed this issue in the past and had stated that they were in favor of amending the plan to show the area adjacent to and including the lot in question as 25+ dwelling units per acre. Due to this fact, the proposed new Zoning Map designates the zoning in this area as RM44, which is roughly equivalent to R3A zoning under the current ordinance. Ms. Hogan expressed concern over the proposed rezoning due to the possible impacts to Riverside Court. She pointed out that she had raised this question previously during the Rocca rezoning application. Jakobsen stated that Rocca wanted an R38 designation and not RX Hogan stated that Mr. Ziock had approached her to make a deal in regard to the rezoning question, but stated that she had turned him down. 1a1/o MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES I401NES MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1981 PAGE 3 Hogan inquired as to what was thought of the shape of the lot and how it would affect more intensive use. Knight stated that the shape of the lot would probably limit its use for multi -family housing. Hogan stated that the house which currently is at 209 Myrtle Avenue would have to be taken out in order to use the entire lot. Knight agreed. Hogan asked how people with backyards abutting the lot in question would be affected; would their property also need to be rezoned? Knight said that no, they would not have to rezone their land. The single family dwellings in the area were uphill from the lot which would be rezoned. A buffer could be provided between the single family dwellings and the area to be zoned R3B. Discussion took place between Hogan and Knight over the use of various parcels in the area and the yard requirements which would need to be met on any lots that were built there. Hogan inquired whether the proposed rezoning would change the entire area. Knight stated that only one lot was to be rezoned, and that the area south of the lot would be amended on the Comprehensive Plan to show 25+ dwelling units per acre. Hogan asked whether the designation R3A and R3B would still be used. Jakobsen stated that if the proposed new zoning ordinance was adopted, those designations would no longer be used. Blum pointed out, however, that when the new zoning ordinance designations were adopted that if a land owner objected to the new designation the decision could be made to keep the old designation. Hogan brought up the issue of the quality of the surface of Riverside Court and the ability of that road to handle increased traffic. Riverside Court is a private drive which would need to be accepted by the City before the City could improve it. Woito stated that Riverside Court, which is 25 feet wide, would not be acceptable according to the City's engineering standards, and therefore would not be accepted by the City. Hogan objected to the fact that the zoning would be changed without provision being made for a change in the street. Blum suggested that Hogan and other residents of Riverside Court consult with an attorney and determine their rights in terms of the private street and then act on those rights. Jakobsen suggested that the problem could be brought before the City Council. Jakobsen requested staff assistance on the procedures for amending the Comprehensive Plan. Knight stated that a public hearing would be needed. He also pointed out that a notice of public hearing would be placed in the paper for the required hearing during the next week. Jakobsen stated that the rezoning could not take place without an amendment to the Comprehensive Plan. Blum voiced concern that the Commission was dealing l afEo MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1981 PAGE 4 with an amendment to the Comprehensive Plan for this particular case when the Commission had told previous applicants that the Commission was not willing to amend the Comprehensive Plan at that time. He stated that staff assistance had already been requested for a list of people who had previously applied and asked for amendments to the plan. He suggested that those people be notified that amendments to the plan would be made and that perhaps those cases be handled first. Jakobsen stated that Mrs. Hsu had consented to a waiver of the 45 -day limitation and suggested that the staff contact her to obtain a letter. SUBDIVISION ITEMS: 5-8107. Public discussion of an application submitted by Hills Bank & Trust Company for approval of a preliminary and final large scale non- residential development plan for a 2.17 acre lot located at the southwest corner of Gilbert Street and Highway 6; 45 -day limitation period: 8/20/81; 60 -day limitation period: 9/4/81. Jakobsen asked for comments from the audience on this LSNRD. John Hughes, President of Hills Bank, stated that he would be glad to answer any questions that anyone had on the application. There were no questions. Jakobsen asked for discussion; there was no discussion. The LSNRD was unanimously approved. 5-8108. Public discussion of an application submitted by Furman Construction Inc., for approval of a final plat for the subdivision of 15.2 acres located north of Linder Road; 45 -day limitation period: 8/24/81; 60 -day limitation period: 9/8/81. Jakobsen explained that Mr. Furman was currently working on an agreement concerning the access rights of the property directly adjacent and to the east of his property. Franklin state that the City staff have received an agreement today which had not yet been reviewed by the legal staff. Staff suggested that the subdivision be recommended for approval using the following motion: the Planning and Zoning Commission recommends approval of the final plat of Linder Valley Subdivision subject to (1) an agreement being reached between the developer and the City as to the provision of a right-of-way access easement to Linder Valley Circle from the property east of Linder Valley, the location of which shall be determined by the City, (2) the final review of the legal papers and attainment of the necessary signatures, and (3) the waiving of the Stormwater Management Ordinance requirements. Blum questioned the waiver of stormwater detention for this subdivision. Woito stated that the staff, including the engineering staff, had no problem with waiving the stormwater management requirements. Jakobsen noted that it was stated in the staff report as follows: "The final plat ►ayo MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1981 PAGE 5 provides a stormwater management basin easement and the applicant wishes to waive provision of the basin itself until annexation occurs, or the land is resubdivided, or 15 years has passed since approval of the final plat. At any one of those times, if review of the situation shows that a basin is necessary, the proposal states that the City will construct the basin and be reimbursed by the property owners." A vote was taken on the motion stated above, and carried unanimously. 5-8110. Public discussion of an application submitted by Bryn Mawr Heights, Inc., for approval of a preliminary plat for the subdivision of approximately 16.22 acres located west of Sunset Street Extended; 45 -day limitation period: 9/7/81; 60 -day limitation period: 9/22/81. Franklin presented the staff report stating that only one problem remained with the subdivision. That is a problem with the stormwater management calculations. Franklin asked Dennis Saeugling(the applicant's engineer) if he had contacted the Engineering Department to work this out. Mr. Saeuglingstated that he had talked to Denny Gannon and felt confident that there would be no problem working out the details. He also stated that an easement question had arisen as well. One of the easements in question was on the south side of Aber Avenue and the other on the east side of Sunset Street. Saeugling stated that they had agreed to provide these two easements to allow the sanitary sewer to be centered on the right-of-way. Blum moved that the Planning and Zoning Commission approve this subdivision subject to Engineering approval of the two items in question. A vote was taken and the motion passed unanimously. OTHER BUSINESS Jakobsen appointed John Seward to act as the second alternate to the Johnson County Council of Goverment Board of Directors. Woito pointed out that the Stormwater Management Ordinance was currently being reviewed by Engineering and Legal and stated that there may be some changes made later due to the problems currently occurring at the Ty'n Cae Subdivision. She stated that the staff would keep the Planning and Zoning Commission informed on any progress. The meeting adjourned. Submitted by: Bruce Knight 100 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES .-I MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1981 PAGE 6 Approved by: nklinI chard Blum, Vice Chairperson V: _ MINUTES BOARD OF ADJUSTMENT TUESDAY, JULY 21, 1981 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Bartels, Hall, Harris, Barker MEMBERS ABSENT: Vanderhoef STAFF PRESENT: Boothroy, Woito, Franklin, Myhre RECOMMENDATIONS TO COUNCIL: V-8110. That an application submitted by Mary Hartwig, Inc., for a variance to Section 8.10.35.9.B.1 of the Code of Ordinances to allow erection of a freestanding sign at 124 West Benton be approved. V-8111. That an application submitted by Christian Retirement Services, Tnc., for a variance to Section 8.10.25 of the Code of Ordinances to vary the parking regulations at 701 Oaknoll Drive be approved. SUMMARY OF DISCUSSION: Harris called the meeting to order. Woito called the roll. Harris exlaineminutes of the meetidhy25, June9an he June 25 were apinto the proved unanimously ngsofMay with the following corrections: May 25: Bartels is spelled incorrectly. June 9: Bartels is spelled incorrectly. At bottom of page is a spelling error. A review for meaning was necessary. Boothroy will attend to these. June 25: Page two change "front and side yards" to "required yards" in paragraph 1. Page four Bartels is spelled incorrectly. Dismissed should be Discussed. Page four substitute should be substantiate. Page five has an incomplete sentence. Barker moved the minutes be approved and Bartels seconded it. V-8110. Public hearing on an application submitted by Mary Hartwig Inc. Tor a variance to Section 8.10.35.9.B.1 of the Code of Ordinances to allow erection of a freestanding sign at 124 West Benton. Myhre presented the staff report. The staff recommended the variance be granted. MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES iayi MINUTES BOARD OF ADJUSTMENT JULY 21, 1981 PAGE 2 Harris asked for the location of those people who had inquired about the variance. Myhre said 213 West Benton and 710 South Riverside Drive. Mark Johnston spoke as a proponent of the variance. He confirmed that the location of the sign will be as shown in the photographs included in the staff report and is a considerable distance from the residential area to the west. The applicant has no intention of erecting other signs. This sign is to identify the business as a Lincoln-Mercury dealer. Johnston said they were concerned about the beauty of the building and location of the sign. Harris asked that the sign size be considered. A small sign is intended. A flyer in opposition to the sign had been circulated in the neighborhood. Sue Zalesky spoke in opposition to the sign and stated concern for another sign located on the west side of the applicant's property. She declared, however, that she did not oppose the sign if located on the east side of the property. Zalesky also wished to ascertain that the sign would be turned off at a reasonable time of night as is the other Hartwig sign. It will be so, according to Johnston. There were no further questions regarding this matter. Harris asked if anyone would like to see the photographs of the intended sign location. No one came forward. Bartels moved to grant the variance allowing the second sign with the specification that only the smallest possible sign be erected at the location east of the present Datsun sign. A more precise location for the sign in question was sought. There was discussion of the location. Harris repeated the motion. Barker seconded it. Hall reassured himself that the opposition was now in agreement. The motion carried unanimously. V-8111. Public hearing on an application submitted by Christian Ret r ment Services, Inc. for a variance to Section 8.10.25 of the Code of Ordinances to vary the parking regulations at 701 Oaknoll Drive. Franklin presented the report. The variance would reduce the parking to 50% of the total requirements. The recommendation of the staff was to vary the regulations to reduce parking to 40% of the requirement. Proponents of the variance were the director of the center, the architect, and attorney. Mr. Downer, the attorney, spoke for the group. He told the history of the parking situation at Oaknoll Retirement Residence. In 1971, a variance was granted. Franklin presented a visual detailing the calculations of the required spaces. Franklin said there had been two calls in opposition to the variance. One resident of Oakcrest Apts. questioned the number of existing parking spaces. This person had counted only 62 as opposed to the 72 noted by the applicant. This discrepancy was most likely due to uncounted spaces by duplexes or in other places, it was suggested by Mr. Downer. George I61y/ MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES MINUTES BOARD OF ADJUSTMENT JULY 21, 1981 PAGE 3 Street residents objected by letter indicating they believed it would further congest the parking problem on their street. Harris asked for questions from the Board. There was some discussion of the way the figures for required parking spaces arose. The staff advised that the infirmary space not be counted as the infirm are usually people who have an apartment unit in the facility and have therefore already been accounted for in the calculation. Boothroy said that the nursing home requirement of one space per 100 sq. ft. is rather excessive. The staff had done a lot of research on this question and would recommend counting occupancy by bed rather than sq. ft. The proposed new zoning ordinance allows one space for three beds in a custodial facility. A question about employees' parking regulations at Oaknoll arose. It was determined that Oaknoll employees have specific areas to park. There are never more than 30 there at one time. They are aware of the need not to park on the street. The average age of the residents is 84 and there are 98. Downer believes the number of cars is likely to decrease, not• increase, in the future. Even with the new addition, there will only be three additional employees. Downer mentioned that even if the variance as requested is granted, there will still be a 3/4 parking space requirement which is more than the CBS zone requirement. The use is similar and Downer thought this supported the variance requested. Downer expressed empathy with the people who came to speak in opposition but suspected that the problem was not caused by the Oaknoll residence entirely, though when it came to their attention it was promptly dealt with. There is an ongoing effort to make sure everyone knows where to park. A discussion of the dwelling units, the residents, and the history of the occupation of Oaknoll followed. There are 30 occupant -owned cars at this time, slightly under 30% of the residents. There was a discussion of the discrepancy between the 62 parking spaces counted versus the 72 parking spaces claimed to be there. The site plan was discussed. The public was invited to look at the plan. Several people came forward. The informal discussion which followed revealed that a primary concern was congestion of the streets and turn -around space. It was noted that visitors also add to the problem. Barker asked for clarification of the variance request. There will be 31 new parking spaces created if the variance is approved, as requested. Harris asked for further proponents. There were none. He asked for speakers in opposition. MICROFILMED BY DORM MICROLAB CEDAR RAPIDS•DES MOINES MINUTES BOARD OF ADJUSTMENT JULY 21, 1981 PAGE 4 Mrs. Streb, 703 Benton Court, asked what was the setback from Benton Street and Benton Court. There is a front yard requirement of 20 feet. Mr. Downer showed her the plan. There was discussion. Woito asked what system was used to get the employees' parking situation worked out. Downer explained the procedure. A lengthly discussion of the possibility of requiring 36 rather than 31 new parking spaces (a 40% reduction from parking space requirement rather than 50% reduction). There was also discussion of the rationale used to view the parking requirement as a whole rather than just for the addition. Harris asked Woito for her views on this. She stated that reasonableness should be the controlling factor. i Bertha Alt spoke in opposition describing the difficulty she had turning around. Woito gave a summation of her calculation of the parking situation at Oaknoll. She said there are 46 cars plus 33 cars which the employees use which leaves 23 spaces for visitors. There was discussion. Barker said he thought the staff had applied reasonable sense and a just solution had been given. Barker asked whether it would be physically impossible to provide the extra spaces recommended by the staff. Downer suspected it would be very difficult. There was lengthy discussion of the possibilities of providing these spaces. Barker moved that the variance requested be granted as illustrated on the i site plan submitted at the meeting which had provision for 31 additional parking spaces. jHall seconded this. All except Bartels were in favor. Bartels was opposed; the motion carried. Other Business: Boothroy asked that the Board consider establishing a regular meeting date. There was discussion. There would be a slight decrease in the number of meetings, however, a meeting could be scheduled whenever necessary. Boothroy explained the purpose was to be more accessible to the public. The meeting adjourned. Minutes Approved MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS•DES I40INES 114/