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HomeMy WebLinkAbout1981-11-24 Bd Comm minutesMINUTES BROADBAND TELECOMMUNICATIONS COMMISSION OCTOBER 20, 1981 4:00 PM CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT MEMBERS ABSENT: OTHERS PRESENT: STAFF PRESENT: Johnson, Terry, Pepper, Eskin, Madsen None. 9 Kalergis, Hindman and Blough from Hawkeye Cablevision; Dan Daly from Access Iowa City; Mr. & Mrs. Bill Norton. Shaffer. RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: The- Extension Policy being negotiated with ATC (American Television and Communications Corporation) and formulated by Hawkeye Cablevision will need to be approved by the BTC and the City Council. ' SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The BTC received a letter from ATC's legal counsel, Stephani Storms, that disagreed with the City legal staff's interpretation of the cable TV ordinance regarding the Extension Policy. The City Council candidates forum will be cablecast live on Channels, 20, 26 and 29 on October 21st by Shaffer, Hawkeye Cablevision, interns and volunteers. The City will receive the 3% franchise fee from Hawkeye Cablevision by the end of March, 1982. The fee is designated in the cable ordinance to be used to offset regulatory and administrative costs the City has incurred involving cable television regulation and for promotion and usage of the access channels, by the end of March, 1982. It is projected to amount to approximately $48,000. Hawkeye Cablevision plans to switch from UPI news services to AP news service and substitute a better weather radar service channel. Johnson reported on preparation plans for the Annual Program Input and Review Public Hearing to take place next April, 1982. MEETING CALLED TO ORDER: Meeting called to order at 4:06 PM. MINUTES: Moved by Terry, seconded by Johnson to approve minutes unanimously. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES I401NES Minutes approved 14 9S 4" S" Broadband Telecommc'^ ations Commission October 20, 1981 Page 2 ANNOUNCEMENTS: Johnson commented on Shaffer's video production workshops, saying they are very well taught and that all Commissioners should attend them. Eskin commented the candidates forum, being aired live on Channels 20, 26 and 29 was another excellent example of the use of the local cable TV channels. HAWKEYE EXTENSION POLICY: A letter from ATC's legal counsel was received by the Commissioners. Stephanie Storms, legal counsel for ATC, wrote a four page interpretation which takes issue with the City's legal interpretation of the cable TV ordinance, emphasizing the concept of "economic reasonablity" in determining what must be wired in Iowa City. David Brown, Iowa City Assistant City Attorney, is formulating a response to this letter, and will suggest a meeting to take place between the concerned parties to try to resolve this extension policy issue. Pepper suggested the steps to be taken at this point included the lawyers determining if and how economics- should be taken into account in the reasonableness principal included in the ordinance. If it is determined economic factors should be taken into account then the lawyers will have to attempt to reach a specific proposal regarding what is a reasonable economic plan for the extension policy. Legally Hawkeye Cablevision has until April 18, 1982, to pass 100% of the City dwelling units with serviceable cable. Norton, a citizen who will be affected by this extension policy and who does not' yet have cable service, said he would put up signs proclaiming the unfairness of Hawkeye Cablevision and inquired if a class action suit on his part (and others in his situation) would be a viable alternative. Blough said that of the last 70 homes in Iowa City who do not yet have cable service, 23 homes responded positively to a survey that they want cable service. Hawkeye estimated that there would be an average cost of approximately $4,000 to get the service to each dwelling unit left. Up to the current date, Hawkeye Cablevision has not charged extra for hooking for those persons who live more than 200 feet from the existing cable network. PUBLIC DISCUSSION: None. SPECIALIST'S REPORT: Shaffer reported on the ICMA (International City Management Association) conference in Los Angeles that he and Neal Berlin attended on September 17, 1981, to speak on City uses and involvement with cable television. Shaffer said that he and Berlin were able to assist many cities in developing their ideas and concepts regarding how cities regulate cable, as well as government and other applications of cable. Shaffer said he and Kalergis were working together to bring the candidates forum live to the Community over Channels 20, 26, and 29. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES i6 ys Broadband Telecommu�'ations Commission October 20, 1981 Page 3 October 27, 1981, will be a general membership meeting for access Iowa City in the Public Library. October 29, 1981, Computer Limited Systems, Inc. and American Television and Communications Corporation will be meeting with the Library staff and Shaffer to carry the computer/cable interface project one step further. Shaffer said there were four complaints over the last month all dealing with having no cable service yet. Blough reported progress on these complaints, saying Westgate Apartments were now wired and being activated; the Time Out Restaurant is scheduled to be wired and Grantwood Drive has been completed. The City will recieve the 3% franchise fee from Hawkeye Cablevision by the end of March, 1982, and is projected to total about $48,000. According to cable ordinance these funds will comprise the BTS, BTC and related government cable access TV budget as well as the start of the payback plan to the City general fund. It was decided Pepper acting as the BTC representative would work with Shaffer on the budget composition. It was decided a special BTC meeting would be held Monday, November 2, on the budget. Shaffer thanked Slough for eliminating some of the noise on Channel 20 by isolating the cause of the noise to a light dimmer switch. HAWKEYE'S REPORT: Slough reported a power outage on October 3rd caused by lighting. This has been repaired. Also, parts of the system were effected by some sun spot activity. These effects will disappear in matter of a week. Slough said the Satcom 1 is now roaming off its orbital pattern almost 30 miles. If the roaming deviates more than 30 miles there is a chance some or all of the satellite programming will be lost (this would include such channels as HBO, Cinemax, WTBS, ESBN, etc.). Satcom III is readied to replace Satcom I which would hopefully. alleviate this problem. Pepper inquired about the CBS cable arts channel. Slough responded saying a few ATC systems do carry CBS cable, but only those that have the necessary satellite dish. Iowa City is still on the waiting list to get the CBS cable arts programming. Slough also said Hawkeye plans to switch the UPI news service to AP news service. Slough repored Hawkeye had a meeting with the Public Library, part of which concerned the air conditioning system. Steps will be taken to see (1) if the system is currently performing at capacity and (2) what the capabilities of the air conditioning system are. Blough siad they were now waiting for a report back from the architects of the Library to find out more about the air conditioning system. Kalergis added that damage had, been done to the switcher in the studio control room due to overheating problems and currently that piece of equipment is being sent back to Denver for repairs. The switcher equipment will not be used until some solution to the air conditioning problem is reached. The portable switcher is available and is being used by citizens (as a substitute for the studio switcher). Terry asked if Shaffer had checked with the legal staff to find out if any engineers or architects could be liable for this air conditioning problem. Shaffer has not been involved in resolving the /G IFS' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Broadband Telecommu" ations Commission October 20, 1981 Page 4 air conditioning dispute since the BTC dispute resolution rules indicate that cable related problems should be brought to the Cable Specialist if they cannot be solved by Hawkeye and the other party. -The BTC urged BTS early involvement in order to expedite the process. Kalergis reported Hawkeye will be doing the MS marathon live November lst, and live election returns November 3rd in conjunction with the government access channel from the county courthouse. Kalergis presented a letter to the Daily Iowan that she had composed requesting they include local access channel listings in their TV guide section. Shaffer will take comments on this matter from the BTC, modify the letter and it will be sent to the Daily Iowan on behalf of the BTC. Hindman said there was some possibility of selling the previously discussed (and useless) cart machine to another ATC system, but that this could not occur until January because of budgeting. Shaffer and Kalergis said there were still lists of people who want to go through the production, editing and studio workshops. It was mentioned it may be possible to get a few persons in the community to teach workshops (Bill Newbern, Doug Allaire and Ron Milder were names suggested to alleviate some of the backup), so- that Shaffer and Kalergis would only need to test out the persons passed out from these classes. Blough said there were still many problems with getting cable TV to the University, partly because there is some indecision as to where the head end is to be located and partly because of the costs involved in laying the cable throughout the campus. Kalergis said Friday is now call in and request day for Channel 26, so anyone can call in and request to see a program. NEW BUSINESS: Johnson said that he and Shaffer are compiling information in preparation for the "Annual Program Input and Review" public hearing scheduled to take place in April, 1982. The information will include example of ways access channels are being used around the country and the variety of programming possibilities not now being received in Iowa City. This information will be distributed to the public in the form of newspaper articles, the local cable access channels and in Hawkeye's billing statements prior to the April hearing. COMMISSIONER DISCUSSIONS: None. ADJOURN: Moved by Johnson, seconded by Eskin to adjourn. Unanimously approved. Adjournment at 5:30 PM. Respectfully submitted, Wm..—Drew Shaffer Broadband Telecommunications Specialist /6 9s _t MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES �/N MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING NOVEMBER 2, 1981 4:00 PM CIVIC CENTER LAW LIBRARY MEMBERS PRESENT MEMBERS ABSENT: OTHERS PRESENT: STAFF PRESENT: Johnson, Terry, Pepper, Eskin, Madsen None. Doug Allaire, Co -Director of Access Iowa City Shaffer, Helling RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: The Extension Policy which is being negotiated between ATC and the City legal staff and will be formulated by Hawkeye Cablevision will need to be approved by the BTC and the City Council. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: A letter was sent from the BTC to the Daily Iowan requesting them to include local access channel listings in their TV guide section. A letter was sent by Brown, Assistant City Attorney, to ATC suggesting a meeting should take place on the Extension Policy issue. The BTC authorized the BTS to try to ascertain problems and potential resolutions regarding with regard to the problem of lack of air conditioning in the Hawkeye studio located in the Public Library. The BTC discussed possible uses of the franchise fee money coming from the cable company to be used by the City with recommendations on its use from the BTC. The BTC suggested: 1) that the City Repair and Replacement Fund be'figured at 10% of the total worth of equipment owned by the City; 2) that part-time assistance for the BTS be supported; 3) that the City general fund payback plan be figured at the balance of the length of the franchise (for the next 13 years); 4) that the administrative and legal reimbursement fund to the City be supported; 5) that there be Access Support Fund established from the franchise fee and that it should amount to not less than 20% of the total fee; and 6) that the issue of competitive compensation for the BTS be scrutinized. MEETING CALLED TO ORDER: The meeting was called to order at 4:05 PM. ANNOUNCEMENTS: Shaffer presented two letters, one which is being sent to the Daily Iowan from the BTC requesting they carry time listings for the local access channels in their TV section. The other letter was from Brown, Assistant City Attorney, to MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES /6 9l!r Broadband TelecommL�ations Commission November 2, 1981 Page 2 ATC, suggesting a meeting should take place to discuss the Extension Police. He also said the studio switcher in the Library studio has been shut down by ATC because of problems with the air conditioning system. Johnson moved, Terry seconded that the BTC authorizes the BTS to work with the City staff to ascertain a) the source of the air conditioning problem in Hawkeye's studio control room; b) who is responsible for the problem; c) what is the fastest way to resolve the problem and d) whether the City has a legal course of action against a contractor or other private party for damages. Motion passed with Madsen abstaining. Madsen encouraged each Commissioner to remain abreast of the progress of this problem. The next BTC meeting will be November 24, 1981, in the Civic Center Conference Room. PUBLIC DISCUSSION: None. CABLE TV RELATED BUDGET: Pepper stated although it is unusual for a Commission to be involved in the budget process, that it is necessary in this case because of the dictum in the cable TV ordinance (78-2917) that the BTC give recommendations to the Council as to how the franchise fee should be allocated. Johnson stated he believed it is very important the BTC be involved throughout the budget process. Shaffer circulated a document indicating the revenues which can be expected from the cable company over the next seven years. In this document there were also listed possible areas of allocations of the franchise fee, including part time staff, BTS budget, a payback plan to the City general funds (the total payback owed the City is $48,641) and an ongoing reimbursement plan to the administrative offices and legal department for cable TV related support services. Shaffer also distributed the measurement portion of the BTS Program Division Statement so each Commissioner knows what duties and responsibilities the BTS performs on a day to day basis. Eskin interjected she would like to see that part of the City franchise fee designated to support the Educational Cable Consortium. Eskin believes the City or the BTC should become an associate member of the Educational Cable Consortium. The cost would be $50 to $100 per year. Pepper said the BTC could move this direction, but that we should also remember the access channels were set up with governing bodies, including the educational consortium, to function as independently and self -sufficiently as possible, with the BTC acting as a catalyst. Johnson inquired about the flexibility of the length of time the BTS has to pay back the City general fund. Johnson expressed a concern that there be enough funds allocated to the BTS office and salary, for access equipment and maintenance and replacement costs for that equipment, because these are the things necessary to make the local access channels operate successfully. The amount of time the City will allow for the payback plan has a direct affect on how much can be allocated in these ways. He added if the City would consider the amount of money owed to the general fund and investment in access support, this would allow a longer payback plan, which would make funds available for exactly such areas of need as he described. /G 1.50 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Broadband Telecommu- ^•ations Commission November 2, 1981 Page 3 Pepper said the City is now facing a shortage of funds due to federal cut backs and it will need a payback plan for the money now owed the City by the BTS office. When the BTS office was first started, it was believed necessary to begin that function as early as possible to aid the cable systems construction and development from a City and community perspective. The City knew that at some point revenue would return to the City from the company by way of the franchise fee, which could be used to reimburse the general fund for its initial expenditures. Pepper suggested a payback plan of the length of the franchise fee should be suggested because it would reimburse the general fund for costs incurred and allow for as much money as possible to* be used to develop and maintain the local cable TV access channels. It was agreed by the BTC that their recommendation would be a payback plan and would be would spread over the length of the franchise (to 1994). Pepper said the BTC and City has the responsibility through the ordinance to encourage access usage. One way to do this would be to set up a fund to support groups that are producers of programs for the access channels. The funds could be used to help these groups purchase equipment. It could also be used for such groups overhead costs, possibly on a matching basis. He said the Library has aided access development in a number of ways, and such a fund could be used to reimburse the Library for such things as repair and replacement for equipment used for access purposes. Such a fund he sees as seed money. Johnson said he had a problem with using the money to support organizations' overhead costs like heating. He would rather see the money go towards a video production and access equipment that could be used by everybody. Pepper said it would be useful though if through this fund organizations could be' aided to own their own equipment and have assistance in repairing and replacing that equipment. Johnson said their may be difficulties in determining which groups should get such assistance. Criteria would have to be established how such money would be allocated. Other considerations in supplying groups with assistance in purchasing equipment is that at some point the Library will have trouble in handling everyones production needs and checkout needs. It was brought up that the Library will probably want part of these funds as reimbursement for the BTS office and the use of utilities, storage space, for supporting the check out of access equipment (which the Library's AV desk now does) and the repair and replacement of the NTIA (National Telecommunications Information Administration) grant equipment. Pepper suggested he thought some of these reimbursement costs are legitimate, but that any reimbursement should go toward the support of access related costs in the Library. Given there are now five operating portapaks (between the company, city and library) and two editing systems, and the system is operating at maximum capacity (all the equipment is heavily used) some conclusions can be drawn. One is that two or three portapaks availability means enough is produced to keep one editing system busy. In order to expand the access capacity, we should keep in mind as more portapaks are made available, more editing time or systems are necessary and so is more staff assistance necessary to check out the portapaks and supervise the editing systems as well as more paintenance costs for this equipment. Such costs would have to come from the Community Access Support Funds mentioned. /G 9S' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES T .wvvyl F r - Broadband TeleComml' •ations Commission November 2, 1981 Page 4 A discussion of how to raise the BTS salary, to insure it is competitive, ensued. Johnson .said he also thinks its important to put this system into perspective. We are trying to operate what amounts to four television stations in Iowa City. It is not unusual to find one television station operating on a budget of $2 million per year. Since we're talking about far less than a total budget of $100,000 per year, as much as possible should go to the support of these channels. At the same time it is important that someone present the perspective strongly' to the community and the Council and let them know what these channels are, what they can do, what they can mean and what the returns of such investments can be. Pepper said we have to keep in mind while thinking about the budget that we have one full-time person working with access who is stretched very thin, we have one part-time assistant; we have some equipment support from the company and the library; we have a number of community organizations involved in access work. Given those conditions what can we reasonably expect these resources to do this year and in the years ahead. After further discussion of the budget the BTC made the following recommendations: 1. That the City Repair and Replacement Equipment Fund be figured at 10% of the total worth of the equipment owned by the City. 2. 'That part-time assistants for the BTS be supported. 3. That the City general fund payback plan be figured at the balance of the length of the franchise (for the next 13 years). 4. That the administration and legal reimbursement fund to the City be supported. 5. That there be an Access Support Fund established from the franchise fee and that it would amount to not less than•20% of the total fee. 6. That the issue of competitive compensation for the BTS be scrutinized. ADJOURN: Moved by Terry, seconded by Eskin to adjourn. Unanimously approved. Meeting adjourned at 6:05 PM. Respectfully submitted, William Drew Shaff6r Broadband Telecommunications Specialist MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES /a 9S kin MINUTES HOUSING APPEALS BOARD SEPTEMBER 10, 1981, 8:30 a.m. MEMBERS PRESENT: Rachel Dennis, Goldene Haendel, Carol Karstens, Mark Koenig, Kathleen Graf MEMBERS ABSENT: Mike Farran STAFF PRESENT: David Brown, David Malone, Kelley Vezina SU14MARY OF DISCUSSION AND ACTION TAKEN: Goldene Haendel called the meeting to order. Kathleen Graf objected to the listing of alternates as absentees on the minutes because they are only supposed to attend when a regular cannot be in the meeting. Goldene Haendel made a motion to amend the minutes and to list the alternates when they attend as being present, but not absent when they are not required to be at the meeting. This motion was seconded and passed. APPEAL OF MR. WILLIAM P. ROYSTON Others present: None Mr. Royston is appealing the need to install a kitchen fan in apartment four, and installing a handrail on the stairway. David Malone found that all other violations had been corrected after it had been before the board on April 9, 1981. A vent had been put into the bathroom and a variance had been granted on windows in the bedroom and living room. Carol Karstens pointed out that Mr. Royston had originally agreed to install the handrail but since he hated them, he would remove it again after the inspector left. Rachel Dennis then mentioned that the unit is owner occupied. Goldene Haendel asked about the structural•possibility of putting the fan in the kitchen. David Malone pointed out that it would be very difficult to vent a fan in the kitchen. Carol Karstens moved, with the provision that the unit remains owner occupied, to grant a variance on the kitchen vent fan and uphold the violation for the handrail in the stairway. .The motion was seconded by Mark Koenig and passed. APPEAL OF MR. ELDEN ELDEEN Others present: None Kelley Vezina reported on his August 18, 1981, biannual inspection of the four apartments above a commercial building at 118 i E. Washington Street. I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES /696 MINUTES HOUSING APPEALS BOARD SEPTEMBER 10, 1981 PAGE TWO It is lacking a sink in the bathroom. This violation was originally sited in 1979, but was dropped and reopened in order to allow Mr. Elden Eldeen an appeal. Kelley Vezina explained the layout of the bathroom which had both a toilet and shower taking up the majority of the space. Because of a brick and concrete wall on one side, and the hallway on the other, it is very difficult to install the necessary pipes. Kelley Vezina also said, on his last visit, Mr. Eldeen had spoken to a plumber who said it would be very costly to correct this problem. Mark Koenig pointed out that the problem was not in connecting pipes for drainage, but rather in getting into the stand pipe. + Kelliay Vezina, said each room does have a kitchen sink not more than 10 feet from the bathroom. The law says there must be a sink in the bathroom or in an adjacent room. There is no distance discussed in the connection with the meaning of adjacent. Since the sinks are close enough to the vicinity of the bathroom, Mark Koenig made a motion to grant a variance. Carol Karstens seconded the motion and the variance was passed. Motion to adjourn made by Mark Koenig was seconded by Carol Karstens and passed. APPROVED BY: I 11 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 1" - L_'. MINUTES HOUSING APPEALS BOARD NOVEMBER 12, 1981, 8:30 A.M. MEMBERS PRESENT: Goldene Haendel, Rachel Dennis, Mark Koenig, Mike Farran MEMBERS ABSENT: Carol Karstens STAFF. PRESENT: Judy Hoard, David Malone, David Brown, Michael Kucharzak SUMMARY OF DISCUSSION AND ACTION TAKEN: Goldene Haendel called the meeting to order. Minutes approved from September 12, 1981, Appeals Board Meeting. APPEAL OF MR. GEORGE SWISHER Others present:. Mr. George Swisher Mr. Swisher is appealing the ceiling height in the kitchen of Apartment 5 located on 504 South Johnson Street. Judy Hoard stated that a licensing inspection was done on September 10, 1981, and found that the kitchen ceiling in Apartment 5 was lacking the 7 foot re- quirement. Said kitchen was cited with a violation in 1980; at that time it had a bulge in the ceiling. To make correction of that violation, Mr. Swisher had to put in a suspended ceiling, so it has been lowered. The apartment it- self meets all other requirements with the exception of ceiling height. Rachel Dennis moved to grant a variance for the ceiling height in the kitchen of Apartment 5. The motion was seconded by Mark Koenig and the variance was passed. APPEAL OF MR. PIERRE ALDERSHOF Others present: Mr. Pierre Aldershof and Mr. Mike Burke Mr. Aldershof is appealing the'rent escrow eligibility of Apartment 5 located at 522 E. College Street. Judy Hoard stated that said property was inspected on April 6, 1981, as a licensing inspection; several violations were noted, among them was the ceiling height in the kitchen of Apartment 5. At that time, Mr. Aldershof did file an appeal, it was however, after the 10 day period for filing an appeal and therefore denied. Reinspection was made on September 4, 1981; violations were corrected with the exception of the kitchen ceiling. Mr. Aldershof had raised the.ceiling one inch to and inch and one half; however, ceiling was still under the 7 foot minimum requirement. Because the time period had expired, property was made eligible for rent escrow. Mr. Aldershof is ap- pealing the rent escrow based upon the ceiling height violation. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES /4� A� 4" MINUTES HOUSING APPEALS BOARD NOVEMBER 12, 1981 PAGE TWO Mr. Aldershof stated he would have to tear the whole ceiling out in order to add the extra inch. Mark Koenig moved to grant a variance. The motion was seconded by Rachel Dennis and the variance was passed. APPEAL OF MR. ALVAN LONGSTRETH Others present: Mr. and Mrs. Longstreth Mr. Longstreth is appealing ceiling height of a third floor bedroom located at 222-22k Brown Street David Malone did a request inspection on October 6, 1981 and served the notice, i of violation the same day. Appeal was made on October 10, 1981. The ceiling height at the highest point is 6 feet 10 inches. It was also noted that said property did have a fire escape. The Longstreth's are currently the only people residing in this duplex. Mark Koenig moved to grant a variance. The motion was seconded by Mike Farran and variance was passed. APPEAL OF MR. SHREE KAMATH Others present: Mr. Kamath Mr. Kamath is appealing the ceiling height of the basement located at 121• Streb Street. David Malone stated that said property was inspected on October 19, 1981. Appeal wafs.made on October 20, 1981. Mr. Kamath explained that much remodeling in this dwelling has been done and in order to raise the basement ceiling the whole house would have to be jacked up. Mike Farran moved to grant a variance. The motion was seconded by Rachel Dennis andvariance was passed. OTHER BUSINESS: It was stated that two alternates will be needed to attend the meeting on November 17, 1981. A special meeting to be held with staff and members on the issue of ceiling heights. Rachel Dennis moved to adjourn the meeting, motion was seconded by Mike Farran. Motion passed. APPROVED BY: % �J� /69G MICROFILMED BY 'JORM MICRO_ LAB CtOAR RAPIDS•DES MOINES r- MINUTES �. y RESOURCES CONSERVAT. ., COMMISSION OCTOBER 28, 1981 7:30 PM CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Fett, Gartland, Hamilton, Hotka, Sanders, Schwab. MEMBERS ABSENT: Sheehan. . STAFF PRESENT: Tinklenberg. RECOMMENDATIONS TO THE CITY COUNCIL: None. REQUESTS TO THE CITY MANAGER: None. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Sanders called the meeting to order at 7:45 PM. The minutes of September 24 were approved as read. Ann Arbor Construction Ban Sanders Report Sanders reported that Ann Arbor, Michigan placed a ban on new construction because their sewage treatment plant was under capacity. However, in a court case which followed, the court ruled that while Ann Arbor was ! Polluting the local river the construction ban was ill-conceived and was therefore lifted. The applicability of this case to the Iowa City situation was then discussed. Solar Access/Energy Conservation Legislation Sanders reported on some examples of legislation which are being enacted elsewhere. A copy of the Port Arthur, Texas subdivision code will be distributed to the RCC members for their next meeting. The existing Iowa City Subdivision Code and a copy of the working draft for the proposed subdivision code were distributed to the RCC. A Commission member noted that an earth sheltered home is now being built on McBride Drive in Iowa City. The agenda for the next meeting to be held on November 16 at 7:00 PM is: -Traffic engineering options -Subdivision ordinance -Energy fair in Ft. Dodge -Staff report on energy audits and the technical assistance grants The meeting was adjourned at 8:35 PM. Respectfully submitted, Roger Tinklenberg. Pat Fett, Secretary. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /6!7 MM MINUIES DESIGN REVIEW COMMIIIEE OCIOBER 28, 1981 4:00 P.M. CIIY MANAGER'S CONEERENCE ROOM MEMBERS PRESENI: Haupert, Seiberling, Eckholt, Sinek, Amert, Lafore, SummerwiII, Wockenfuss MEMBERS ABSENI: Alexander, Wegman SIAEE PRESENI: Hauer, Eranklin, Behrman GUESIS PRESENI: Roggow, Olson RECOMMENDAIIONS IO CIIY COUNCIL: 1. the Design Review Committee has reviewed the proposed plan for remodeling and construction at 304 E. Burlington -- the Ihomas and Roggow Real Estate Office -- (an application by Marcia Kay Roggow for an Industrial Revenue Bond issue for $165,000) and finds it satisfactory and an improvement to the corner. i 2. the City should pursue the purchase and installation of flagpoles for City Plaza as designed; the poles should be ]it if the budget allows; and the flags should be the American, the State of Iowa and a representative Iowa City flag. Ihis recommendation represents the culmination of discussions which took place at the December 4, 1980, i and October 28, 1981, meeting. 3. the Committee recommends that the City move to install newspaper dispensers as originally approved, and work out the details for access. SUMMARY OE DISCUSSION: Seiberling called the meeting to order. the minutes of September 24, 1981, were amended to read: Page 2, paragraph 5: "some," not "same." Page 3, first paragraph, third sentence: eliminate "not." Haupert moved that the minutes of September 24 be approved as amended and the minutes of September 29 be approved as circulated. Sinek seconded. the motion passed unanimously. REVIEW OE PROPOSED REMODELING AND CONSIRUCIION AI 304 E. BURLINGION - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L'. Aoff ..7 7 MINUIES DESIGN REVIEW COMMIIIEE OCIOBER 28, 1981 PAGE 2 AND ROGGOW REAL ESIAIE OEEICE (APPLICAIION BY Hauer stated the reason the Design Reveiw Committee was reviewing the plans for remodeling and construction was that Roggow had applied for industrial revenue bonds. Marcia Roggow, 304 E. Burlington, presented the proposal for remodeling and construction at 304 E. Burlington Street. Roggow stated that commercial space would be on the main floor and three apartments would occupy the upstairs. Roggow discussed the improvements to.the building which would be made and spoke generally - a landscape site plan was not submitted - about landscaping of the site. Roggow discussed the need for on-site parking spaces, stating that both the H&R Block Iax Service (a new tenant) and the Ihomas and Roggow Real Estate Office had a great deal of drop-in business. the members discussed this need in light of the fact it would decrease the amount of green space at the site. Roggow recognized the fact that the Board of Adjustment would make the decisions concerning the number of parking spaces. the members discussed some drawbacks in the general landscaping plans. Seiberling asked about signage at the site. Roggow stated the sign would be placed above the pillars and would meet the requirements of the sign ordinance, but no specific designs were circulated for approval. Eckholt asked if the requested amount of parking would also service the apartment. Roggow said no, although the tenants could use the spaces during non -business hours. Roggow added she expected her tenants would not have cars. Seiberling asked if a bicycle rack would be provided. Roggow said there would be a bicycle rack in the back of the building. the general consensus of the members was that the proposed plan for remodeling and construction at 304 E. Burlington was satisfactory and an improvement to the corner. DISCUSSION OE EY82 WORK PROGRAM: Eranklin outlined two of the possibilities for projects in the coming fiscal year: a uniform graphics system and an educational program for downtown owners/contractors. Eranklin discussed the merits of uniformity in signage and stated that the Design Review Committee's criteria for signage could be developed and then published by the Design Review Committee. Eranklin stated that an educational program for downtown owners/contractors could consist of anything from a brochure to a workshop. Summerwill wondered how the sign ordinance would affect a uniform graphic system. Eranklin stated that while the sign ordinance pertains to the location, size and illumination of a sign, the Design Review Committee criteria would apply to the aesthetics of the signs as they are reviewed by the committee. M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MINUIES DESIGN REVIEW COMMIIIEE OCIOBER 28, 1981 PAGE 3 Eckholt favored implementing lnthat thethe e Rogg w preseducational ntation just ram for reviewed was a good example of how badly the public needed to be educated. Eckholt stated that the public must be made aware of alternatives to "bastardized colonials". Seiberling stated that the public was not visually educated and thought of. colonial architecture in terms of Christmas card cozy". the members discussed the lack of visual awareness and the problem that existed when contractors built and designed buildings. Lafore reminded the members of a presentation made to City Council about five years ago which offered exciting new uses for old buildings. the members discussed the ide of inviting property owners and contractors to view the slide presentation. Hauer asked if the educational program was the Committee's choice for EY82. In reply, Eckholt stated priority should be given to the uniform graphic system, citing the parking ramps signage as an example of poor signage. Eckholt stated the Co mitteemust couldn't nfollowle in throughood on bothaprogramsEckholt and suggested that the City Council designate a visual awareness week and the Design Review Committee sponsor a series of workshops to educate the public. the members decided to assign two subcommittees to handle the two programs - Lafore, Seiberling and Eckholt would look into educational programs for downtown owners/ contractors and Amert, Summerwill and Sinek would draw up criteria for a uniform graphic system. Seiberling suggested that the subcommittees state achievable goals and objectives. Haupert suggested the uniform graphic system subcommittee take into consideration the sign ordinance when drafting criteria. Both Lafore and Haupert left at this point. GUIDELINES EOR NEWSPAPER DISPENSER DESIGN AND LOCAIION IN CITY PLAZA: the members discussed the problems associated with purchasing, and maintaining the newspaper dispensers. Seiberling stated the Design Review Committees concern was the location and appearance of the dispensers, and the mechanism used to maintain and lease them was an administrative and legal decision. Seiberling moved that the City install newspaper dispensers as originally approved and work out the details for access. Summerwil.l seconded. the motion passed unanimously. /4098 MICROFILMED BY JORM MICROLAB CEOAR RAPIDS -DES MOINES -.1 I MINUTES DESIGN REVIEW COMMITTEE OCTOBER 28, 1981 PAGE 4 DISCUSSION OF FLAGPOLES IN CITY PLAZA: The members discussed the proposed recommendations for the flagpoles in City Plaza. The members debated whether flags or banners would be more appropriate. Wockenfuss stated that the past recommendation was to have three flags. He suggested the American flag and two colored flags. Sinek mentioned maintenance and personnel problems involved with running flags up and down the flagpoles. Hauer stated the area in question was very windy and a lot of noise would be generated by the flags. The members discussed the cost of flags and considered the appropriateness of placing political flags on a city plaza. Eckholt spoke in favor of having the American flag in a pedestrian mall, stating the dramatic effect was desirable. Seiberling suggested having festive occasion flags. Summerwill questioned the need for lights on the flagpole. Eckholt moved that the City pursue the purchase and installation of flagpoles for the City Plaza as designed, that these flagpoles be lit if the budget allowed, and that the flags be the American, State of Iowa and a representative Iowa City flag. Wockenfuss seconded. The motion carried unanimously. Wockenfuss suggested that a statement follow the recommendation, stating that this recommendation represents the culmination of discussions which took place at the December 4, 1980, and October 28, 1981, meetings. APPOINTMENT OF. COMMITTEE MEMBER TO SERVE ON HISTORIC PRESERVATION TASK FORCE Larry Lafore was appointed to serve on the Historic Preservation Task Eorce by general consensus. Hauer set the next meeting for November 18, 1981, at 4:00 p.m. The meeting adjourned at 5:30 p.m. Taken by: Sara Behrman MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES 4' .I MINUTES DESIGN REVIEW COMMITTEE NOVEMBER 18, 1981 4:00 PM CITY MANAGER'S CONFERENCE ROOM Seiberling, Eckholt, Amert, Sinek, Lafore, Summerwill, Wegman PRELIMINARY MINUTES - NOT REVIEWED BY DESIGN REVIEW COMMITEE MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUEST PRESENT: Alexander, Haupert Hauer Burger, Landau RECOMMENDATIONS TO CITY COUNCIL: he J.' The esign the DremodellingeofCothe tbuiltee dingeate it wed tE proposed renovation eviwWashi gtonStreet (the old Younkers building) for the Brown Bottle Restaurant. The committee finds the plans satisfactory and would like to recommend that other businesses at this location with compatible materials and colors tot attempt he BrownBottle des design facade with t SUMMARY OF DISCUSSION: Seiberling called the meeting to order. Summerwill moved that the minutes of October 28 be approved The motion passed unanimously. Sinek seconded. I for Hauer stated the reason the Design Review Committee was reviewing the pans remodeling and construction was that the Brown Bottle had applied .for an Industrial Revenue Bond. uction presented the proposal for remodeling and Dick Burger of Burger Constrger stated construction at 111 into then neast one-half ofrtt he old Younkers building. He will be relocating indicated that the present grayish marble facade will be remove" small d and replaced with facade of dark brown iron spot quarry tile and 11 "slit-enSeiberli giasked of smoked brown glass (the window size will be about 1' x 31). if there was facade material worth preserving; Burger's feeling is that nothing underneath was worthwhile for preservation. Bur also sad that a est over half of the building is presently being designed acon in the buildin. He indicehis with the Brown Bottle proposed confidence that the west facade would be the building will be similar to what is presently Burger stated the sign for being used Bol he snl thelettering in the saminton e style and color of the cement plaster background MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /69jr _i 2 existing sign. It will be back lit with a fluorescent light which is the same Style as the Clinton Street location. Lafore asked if there were any design plans for the second story. Burger stated that there were no plans for the east one-half second story of the building and he was not aware if the west one-half renovation would include second story work. Summerwill expressed some concern about two different facades on what is presently one facade. Landau stated that each subleasee will be responsible for facade design but that this design would be subject to final approval by the Brown Bottle. Landau stated his desire to have compatible facades. Summerwill wanted to know if there was any potential for expansion onto the sidewalk area. Seiberling replied that there was not because of limited space in the area and the sidewalk use ordinance applied only to the City Plaza. Burger concluded his remarks by stating that he had forgotten to mention a yellow permanent awning that would be installed underneath the signage. Seiberling thanked Burger and Landau for their presentation. Committee discussion centered around the potential problems of at least two different facade designs appearing on what was formerly one unified facade. It was reiterated that an architect was designing the west one-half and this would assure some degree of compatibility. In addition, there was some concern as to whether an awning was necessary on the north side of a building; consensus was that it provided a nice decorative touch as well as shielding patrons from adverse weather. Wegman felt that the second floor of the building would remain in its present condition which was not very satisfactory in terms of design; he wanted to know if anything was being contemplated for upgrading.the second floor. It was again noted that no design plans were shown for the second story. Wegman expressed his disappointment. FY83 GOALS AND OBJECTIVES: Hauer reviewed a draft of the Committee's goals and objectives for FY83. The Committee recommended the addition of one work item; they indicated they would like to include review of preliminary sign plans for signage in the downtown area. The Committee expressed its desire to be able to make recommendations on specific building renovations before the renovation occurred. As an example, Eckholt cited the old Osco building on City Plaza as an example where the committee could have suggested a facade treatment which might have resulted in a more sympathetic treatment of the building and allowed discussion with the tenant on the use of the City Plaza. Others expressed views on wanting to be able to comment on the the impact of building renovations in a more comprehensive manner. It was noted that the Design Review Committee could be utilized for design standards arising out of the North Side Historical Preservation Study. The Committee indicated its desire further to discuss its role at a future date. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES SUBCOMMITTEE REPORTS: The Graphics Subcommittee reported they had met and had assembled some basic criteria and standards which could be used in evaluating signage coming before the Committee. These criteria include: legibility, color, proportional scale, placement, and type of use. Amert, as a spokesperson for the subcommittee, said that they would like to develop a narrative on these principles which could be sent to people as an explanation and educational tool. Seiberling suggested the subcommittee give examples of what good signage constitutes for illustration of these principles. The Design Education Subcommittee stated aesthetic considerations were the organizing principle for their work. The Committee would first like to work on some sort of display such as a visual representation of what facade renovations would look like on existing downtown buildings. Seiberling indicated a local bank was willing to give lobby space for an exhibit. A second activity that this subcommittee would like to explore is having some sort of "Design Awareness Week" in which workshops or presentations could be given to elaborate on comprehensive design principles. Eckholt said that he was exploring the possibilities of a National Endowment for the Arts grant for this kind of activity. Lafore stated his support for this type of activity because it would allow the Committee to work on a more long-range basis to implement design goals. MINUTES PROCEDURE: Hauer indicated that she would like permission from the Committee to send minutes to .the Council before approval from the Committee so that its recommendations and resolutions could be acted upon in a timely fashion. She indicated that these minutes. would bear a visible notation such "Preliminary Minutes -- Not Approved By The Design Review Committee." The Committee indicated its approval. PUBLIC DISCUSSION: Summerwill expressed her dissatisfaction with the inability of the Committee to comment on exterior renovations such as the old Osco building. She said that other buildings in the vicinity such as Bushnell's Turtle had done excellent renovation jobs and that the tenant in the Osco building might have been persuaded to a more sympathetic treatment of the building if he had come before the Committee. Eckholt wanted to know if the City notified property owners on the City Plaza of the potential use of the plaza for sidewalk cafe space. Hauer stated that a letter had been sent out within the past month to all businesses on the City Plaza giving information on the City Plaza ordinance. She indicated that no inquiries had been received. Seiberling regretted that there was no chance to talk about the renovation plans and to explain the possibilities on using City Plaza to the developer. /69,r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4 OTHER BUSINESS: December 2 1981 Hauer set the next meeting for , at 4:00 P.M. to review the Industrial Revenue'"Bond request for the Ralston Creek village development. The meeting adjourned at 5:20 PM. Taken by: % Andrea Hauer 0 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY MUNICIPAL AIRPORT COMMISSION Iowa City Civic Center November 12, 1981 Members Present: Dieterle, Saeugling, Phipps, Redick Member Absent: George Staff Present: Zehr, Brown, Wright Guests Present: E. K. Jones, Charles Neuzil, Sharon Davidson (D.I.) Chairperson Redick called the meeting to order at 7:30 p.m. The minutes of.the previous meeting were considered and corrected to add the following: "Guests Present: Dick Blum, E. K. Jones, G. Williams." The minutes were approved as corrected. Manager Zehr presented the bills for the month and explained them briefly. Included was a $60 rental fee for a portable telephone which Zehr is trying. Dieterle moved to approve the bills for payment; second by Phipps; the motion carried. In consideration of the guests presenf,'Zehr asked the Commissioners to consider item 3-b, rental rates for airport leases, next. There was a lengthy discussion which resulted in a recommendation to increase the rent foi the administration building by 25% and to establish a net rent of $100 per month each for the old hangar building and the old shop building, the lessee to be responsible for maintenance and utilities. An increase to $500 per month was recommended for each set of T'hangars. Attorney Brown informed the meeting that agreement must be reached on the leases by January 15, 1982, or the matter will be subjected to arbitration. Returning to item 3-a of the agenda, the FY -83 budget, Zehr distributed copies of the Program Division Statement. The division purpose, goals, and analysis remain the same, and Zehr explained his revision of the objectives. Phipps moved to accept the division statement as presented; second by Saeugling; the motion carried. Other projected income and expenses were discussed. These included a 14.5% increase for the manager's salary; however, Zehr recommended only 6%, and Redick suggested 8-10X. Zehr read through the line item budget for the information of the members. Zehr will submit the proposed budget to the city'for revision and/or approval. Item 3-c, the Master Plan, was addressed by reviewing and discussing the "Environ- mental Impact Assessment Report" recently received from L.R. Kimball and Associates. Zehr distributed copies of a proposed ordinance to amend the Iowa City zoning ordinance by establishing zoning overlays. The chairperson had no report, and there was no input from the public. Attorney Brown explained he has not heard from Mr.. White regarding the pending Dooley law suit, and therefore he had nothing to report on the matter. The meeting was adjourned at 9:30 p.m. Recorder: Priscilla Wright MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 4` S" - L',, J" A MINUTES IOWA CITY PARKS AND RECREATION COMMISSION RECREATION CENTER, CRAFT ROOM NOVEMBER 4, 1981 MEMBERS PRESENT: Berry, Humbert, Mitchell, Riddle, Wooldrik MEMBERS ABSENT: Crum, Dean, Hillman STAFF PRESENT: Showalter, Lee, Chri.stner, Ray GUESTS PRESENT: Anne Glenister, Project GREEN RECOMMENDATIONS TO THE CITY COUNCIL None SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN Moved by Berry, seconded by Humbert that the October 14 minutes be approved as written. Unanimous. Wooldrik asked about the sodding of an area downtown which was done by park crews. This is a city -owned lot next to Bushnell's; funds came from the park budget. Riddle wanted to know about setting a date for trick -or -treat night. Showalter and Lee responded that there had been public opposition to the city setting a date in past years. For the past few years the Recreation Center and UNICEF have determined the date for the parade, and no one has specified trick -or - treat night. When asked if the Commission should make a recommendation regard- ing trick -or -treat night, Showalter responded that it would be the decision of the Commission; it may, however, be more appropriate to designate parade night. No action. PROPOSED BUDGETS Administration. A proposed increase of 15% in salaries brought up a question about federal wage increase guidelines. Showalter responded that the Senior Account Clerk position would receive a merit increase of approximately 5% per year, and the cost of living increase is set by union contract. For FY82 this was 8.2%. Parks. Playground equipment: this is for replacement, and is not as yet desig- nated as to where it will be used. Longevity: this is a yearly bonus to long- time employees; it is city-wide, for permanent full-time employees. Landfill charges: everyone pays to use the landfill; it is self-supporting. Vehicle replacement and rentals: includes pickups, tractors, and associated machinery. The equipment division charges fees per vehicle/machine for maintenance and replacement. Everything is on a replacement schedule, and fees are based on cost and length of usage. Wodldrik asked to see a report on all equipment, age, condition, breakdown of charges, repair costs, and replacement schedules.• Park crews also do work for other departments; this is done only when there are not regular park duties to be completed. Other departments do work for Parks and Recreation also. j MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS•DES MOINES L November 4 Minutes, Page 2 Recreation. Salaries include ten full-time and many part-time workers. Utilities .are expected to increase 151. over the FY82 budgeted amount with a 20% increase for gas. The uniform and laundry service is mostly for cleaning of the custodial. uniforms. Aid to agencies includes $1,100 each for Girls Softball, Babe Ruth, and Little League. The Parks and Recreation Commission will meet with the City Council on January 13 at 7:00 p.m. at the Civic Center to discuss proposed budgets. There will be a regular Commission meeting afterward. COMMITTEE REPORTS Humbert reported that the Riverfront Commission did not want to meet with the Parks and Recreation Commission at this time. The staff is working on alternative locations for a boat ramp above the Burlington Street dam. DIRECTOR'S REPORT Showalter asked the Commission to resolve a conflict regarding the use of a Mercer Park ball diamond. The University women's softball coach submitted a proposed spring 1982 schedule, and was refused three dates because of interfer- ence with our league practices. A review was requested and they were granted two of the dates, but again refused May 4. After a lengthy discussion regarding recreation league schedules, lack of fields, accommodating the most people,: co- operation between the University and the city, etc., it was moved by Berry, seconded by Humbert that the staff cooperate with the University in scheduling their games as long as they don't conflict with the regular use of the diamonds by the general public. Unanimous. Berry and Hillman complete their Commission terms in December, so there will be two vacancies. Several persons have applications on file; the Council will make appointments at their December 10 meeting. CHAIR REPORT Riddle set several goals for his year as chair: ' 1. Budget needed funds for lands and programs. 2. The condition of City Park pool is questionable, and we should start to look into repairing it, replacing it, or building a Wave -Tek pool. 3. Organize Swim Club, soccer, Babe Ruth, Little League, and Girls Softball to aid in working out scheduling,'fields, aid to agencies funding, etc. 4. Better control of the fields, maintenance, scheduling, practice times, etc. Riddle appointed Berry and Mitchell to work with him on a committee to meet with the individual groups. Another suggestion was to ask them for an accounting of their funds. After a lengthy discussion, it was decided that the committee would begin working with the groups and organizing their requests to Parks and Recrea- tion for facilities. Showalter will be staff liaison. OTHER BUSINESS The December meeting will be held Wednesday, December 2, at 7:00 P.M. Mitchell asked about closing streets for the MS Marathon. Lee responded that they request route permits from the police department. Next year they will be MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES '.0 November 4 Minutes, Page 3 considering a starting point other than the Recreation Center. Riddle is planning to ask the Iowa City Press -Citizen if they will publish a listing of what is available in public agencies for the general public each week. Wooldrik added that if Riddle gets no results the Commission could draft a letter asking for this service. Meeting adjourned, 9:00 p.m. Karen Christner i MICROFILMED BY JORM MICROLAB 'CEDAR RAPIDS -DES MOINES 4. I MINUTES PLANNING & ZONING COMMISSION NOVEMBER 5, 1981 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Jordan, Blum, McDonald, Seward MEMBERS ABSENT: Phelan, Horton, Jakobsen STAFF PRESENT: Boothroy, Knight, Woito, Behrman RECOMMENDATIONS TO CITY COUNCIL: 5-8114. That the application submitted by Larry Waters for approval of the preliminary subdivision plat for Waters First Addition, located north of Muscatine Avenue, west of Southlawn Drive, south of the proposed Oakes Meadow Addition and east of Memory Gardens be approved with the contingency that there be submitted with the final plat an agreement subject to the mutual approval of the City that limits the number of access points to Muscatine Avenue to not more than six and not less than three, and that a note to this effect be placed on the preliminary plat. 5-8115. That the application submitted by Dean Oakes for approval of the preliminary subdivision plat for Oakes Meadow Addition, located north of the proposed Waters First Addition, west of Southlawn Drive, south of Brookside Drive, and east of Memory Gardens be approved subject to the submission of satisfactory legal agreements between Oakes and the City, the acquisition of property involved, and the construction of improvements from Brookside Drive to Muscatine Avenue. 5-8118. That the application submitted by Dean Oakes for approval of the final subdivision plat for Oakes Meadow Addition be approved contingent upon the acceptance of construction plans and necessary documents. Section 8.10.40. That an ordinance to repeal Section 8.10.4D concerning a building moratorium in the Northside Area to allow sufficient time to complete the Comprehensive Plan be approved. SUMMARY OF DISCUSSION: Blum called the meeting to order. The minutes of October 15 were approved as follows: Page 2, last sentence - The application was approved 6 to 1, with Jakobsen voting no because of a water problem. /;710/ MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 4. A PLANNING & Z0; .l COMMISSION NOVEMBER 5, 1981 PAGE 2 Page 4, second paragraph, line 7 - 1. Dean Oakes agreed to put in the secondary access. The minutes of October 15 were approved as amended. Blum asked if anyone was present who wished to speak on an item not on the agenda. Dick Buxton, 2655 Hillside Drive, brought up the problem of off- street parking of motor homes and urged the Commission to take action on this matter. Buxton expressed concern over motor homes which were parked on the street and blocked sidewalks, ruined trees, and spoiled the appearance of neighborhoods. Buxton referred to Section 8.10.25 which requires screening of off- street parking areas when more than four cars were parked in an off- street lot and wondered if the parking of one motor home could count as sufficient so as to allow for screening in an Rl neighborhood. Blum stated that if a motor home was blocking a sidewalk, Buxton had recourse to an ordinance which prohibits the blocking of a sidewalk. Buxton said that he was more concerned with motor homes being stored in residential neighborhoods than with the fact that they often block sidewalks. Blum stated that the Planning and Zoning Commission has discussed exploring an ordinance which would limit the height of anything parked in a front or side yard. Buxton suggested that if such an ordinance was drafted, motor homes, recreational vehicles and recreational objects be specified and that not just the term "motor vehicles" be used. Buxton then thanked the Commission for their time and returned to his seat. Blum asked if anyone was present to speak on the zoning items on the agenda. No one was. Blum suggested that the Commission proceed with the subdivision items and come back to the zoning items later in the meeting. All were agreed. SUBDIVISION ITEMS: S-8114. Public discussion of an application submitted by Larry Waters for approval of the preliminary subdivision plat for Waters First Addition, located north of Muscatine Avenue, west of Southlawn Drive, south of the proposed Oakes Meadow Addition and east of Memory Gardens; 45 -day limitation period: waived. 5-8175. Public discussion of application submitted by Dean Oakes for approval of the preliminary subdivision plat for Oakes Meadow Addition, located north of the proposed Waters First Addition, west of Southlawn Drive, south of Brookside Drive, and east of Memory Gardens; 45 -day limitation period: waived. MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS•DES MOINES PLANNING & ZO �3 COMMISSION NOVEMBER 5, 19c1 PAGE 3 Boothroy suggested that these two items be discussed at the same time. Boothroy expressed concern over the number of lots fronting.on Muscatine Avenue in the Waters First Addition, stating that while the subdivision code did not have specific requirements for a standard that deals with the limited access issue, a good subdivision design was the general intent of the ordinance. Boothroy stated that a potential hazard existed with too many driveways accessing Muscatine Avenue and asked for a legal opinion. Boothroy mentioned that the applicants had agreed to waive the 60 -day limitation period. Woito gave no formal written opinion but had reviewed the issues. Woito stated that a recent Supreme Court cases treated these questions and had ruled in favor of a liberal reading of subdivision regulations. Woito stated that decisions could be based on a standard which would attain the needs of the community (traffic, consideration of density, movement of streets) and said that the Planning and Zoning Commission would be correct to apply a liberal reading of the subdivision code. Blum said that a precedent had been set for this in Iowa City in the past. Boothroy stated that the Commission had adopted a set of standards concerning road radius and access points. Blum said that informal adoption had taken place and expressed appreciation of the legal opinion. Woito stated that each subdivision was unique and the facts and circumstances of each one was necessarily different. Woito warned that each one be considered individually is a legislative discretion. J. Patricl( White, Attorney for Larry Waters, spoke on the item, stating that most of those matters discussed at the last meeting had• been corrected. White stated that Kammerer, Engineer for the applicant, had not thought it productive to reorient lots presently facing Muscatine Avenue. White acknowledged the continuing concern over the problem of access points onto Muscatine Avenue due to the present zoning, but stated that Rochester Avenue had more traffic and had more access points than what was presently being proposed. White urged that the preliminary plat be approved and that the final plat be subject to certain conditions. Blum agreed that there was a problem on Rochester Avenue and stated that the mistake should not be repeated. Blum wondered if a limit of three access points might be considered. White stated that while a rezoning request might be considered later to change the configuration of the lots, three access points presently seemed an unacceptable limit. /70/ MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•DES MOINES L. PLANNING & ZO G COMMISSION NOVEMBER 5, 1981 PAGE 4 Boothroy suggested common driveways as being a possible solution to the problem with a common driveway agreement being provided pursuant to Chapter 31 of the Code of Ordinances. White stated that his client was not ready yet to look at any specific designs. Blum asked if a plat could be approved with a restrictive agreement attached to it. Boothroy stated that it had been done in the past with the provision of reciprocal easements (e.g. Regency Gardens). Blum pointed out the advantages common driveways could have to the lot. White stated that it could be enforceable by a subdivision agreement to have not less than six access points on Muscatine Avenue. White waived the 60 -day limitation period on the final plat, stating that it was. not ready to be submitted to the City Council for recommendation. Seward stated a preference to treat both the preliminary and final plats at the same time. Blum wished to.pursue the access issue. Seward stated that an overriding concern was the number of access points to Muscatine Avenue and the curvature of the roads. White suggested approving the preliminary plat contingent upon limiting access points to not less than three and not more than six to allow the applicant to work on the final plat knowing that the preliminary plat had been approved. Blum suggested that the contingency approval be based on mutual agreement and not the City Council's resolution of any problem. Woito stated that the City Council would consider the entire recommendation with the contingency attached and that they had the right to reject the entire item. The members discussed the problems inherent in an approval based on contingency. Marion Neely, Attorney for Dean Oakes, spoke in favor of approving the preliminary plat, stating that the curvature of the streets was approved by an earlier commission, and a secondary access requested had been furnished. Neely stated that approval could be contingent on getting the right of way from the Moose Lodge. Neely waived the 60 -day limitation period for the final plat. The members discussed the appropriate wording of a contingency. Blum expressed the hope that any future agreement based on the contingency would fully detail the number of access points so as to ensure safety. /70/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES PLANNING & ZONING COMMISSION NOVEMBER 5, 1981 PAGE 5 Blum called for a vote on S-8114, stating that the application be approved with the contingency that there be submitted with the final plat an agreement subject to the mutual approval of the City that limits the number of access points to Muscatine Avenue to not more than six and not less than three, and that a note to this effect be placed in the preliminary plat. The application was approved unanimously. Blum called for a vote on S-8115, stating that the application be approved subject to the satisfactory submission of legal agreements between the applicant and the City, the acquisition of property involved, and the construction of improvements from Brookside Drive to Muscatine Avenue. The application was approved unanimously. S-8118. Public discussion of an application submitted by Dean Oakes for approval of a final subdivision plat for Oakes Meadow Addition; 60 -day limitation period: waived. Neely stated that construction plans were the only items not complete in their application for final plat approval. Knight stated that legal papers needed to be updated. Neely asked that the final plat be approved contingent on revising legal papers and submitting construction plans. Boothroy recommended that both the preliminary and final plats of Oakes Meadow and Waters First Addition should be considered at the same time. Blum called for a vote on S-8118, stating that the application be approved contingent upon the acceptance of construction plans and revising necessary legal documents. The application was approved unanimously. ZONING ITEMS Section 8.10.40. Public discussion of an ordinance to repeal Section 8.10.4D concerning a building moratorium in the Northside Area to allow for sufficient time to complete the Comprehensive Plan. Boothroy stated that it was the intent of this Section to be enacted only for a short period of time to permit the rezoning of the Northside Area. The purposes for which this ordinance had been enacted have long since been completed. Boothroy urged that Section 8.10.4D be repealed. Blum called for a vote on the item, stating that an ordinance to repeal Section 8.10.4D be approved. This item was approved unanimously. /70/ MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES PLANNING & ZONING COMMISSION NOVEMBER 5, 1981 PAGE 6 Blum asked that public discussion of an amendment to Section 8.10.25 of the Code of Ordinances, Off -Street Parking Requirements, regarding parking for "clinic uses" and public discussion of the Airport Overlay Zone be deferred until such time as the public was available for input. All agreed. Blum asked if a copy of the proposed ordinance for Airport Overlay Zones had been sent to the Airport Commission, stating that the Planning and Zoning Commission sees this ordinance as the final form and will proceed with its adoption unless it hears otherwise. Jordan asked if reception areas were included in the amendment to Section 8.10.25. Knight said that they were included in the original copy and that two more spaces would be added. OTHER BUSINESS: Review of Planning Commission Program Division Statement: I Boothroy asked that it be adopted at the next meeting and asked to amend the objectives to include the following: I� 1. Preparation and adoption of new subdivision regulations. 2. Revision and adoption of large scale development regulations. i All agreed to amend the objectives. The meeting adjourned at 8:55 P.M. Taken by Sara Behrmaan. Approved by: ZIL 'Loren Horton, Secretary 1701 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES E