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HomeMy WebLinkAbout1996-05-21 Bd Comm minutesMINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 1996 - 4:30 P.M. CIVIC CENTER - COUNCIL CHAMBERS Subject to ppr0val MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patdcia Eckhardt, Bill Haigh, Tim Lehman MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Anne Burnside, Jeff Haring OTHERS PRESENT: Mike Hahn, Boyd Crosby, Rex Brandstatter, Tom Downing, Gregory Cilek, Paula Brantit, Wanda Wilker, Mike Cilek CALL TO ORDER: Chairperson Eckhardt called the meeting to order at 4:33 p.m. ROLL CALL: All members were present. CONSIDERATION OF THE MARCH 13, 1996, MINUTES: MOTION: Halgh moved to approve the minutes of the March 13, 1996, meeting of the Board of Adjustment, as corrected to include the recommendation from the Board to the Planning and Zoning Commission to consider amending the slopes regulations of the Sensitive Areas Ordinance. Lehman seconded. The motion carried on a vote of 5-0. SPECIAL EXCEPTION ITEMS: EXC96-0003. Public hearing on a request submitted by Steve Moss for the Iowa City Tennis and Fitness Center to amend the Mamh 13, 1996, Board of Adjustment decision approving special exceptions to modify the off-street parking requirements and to appeal the slopes regulations of the Sensitive Areas Ordinance for property located in the CH-1 zone at 2400 N Dodge Street. Rockwell said the applicant is requesting amendments to the decisions the Board had made at its meeting of March 13, 1996. Rockwell reminded the Board that two special exceptions were granted at that meeting, one to reduce the parking requirement by 50% for the weight room area expansion and addition of two tennis/volleyball courts, and one to exempt the weight room expansion from the rezoning requirements of the slopes regulations of the Sensitive Areas Ordinance. Rockwell said the applicant now requests that the parking requirement for the existing facility, the expanded locker room and the indoor batting cages be reduced, and that the slopes requirements of the Sensibve Areas Ordinance be handled administratively for the indoor batting cages as well as the weight room. Rockwell said because the additions proposed will increase the total floor area of the facility by more than 50%, the required parking must be provided for uses in the existing building, as well as the uses proposed for the new additions. This means that not only must the new parking comply with the parking area design requirements, but the existing parking area must be brought into compliance. Rockwell noted that the site plan includes MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 2 tree islands within the existing parking area and meets necessary parking design require- ments. Rockwell said the applicant requests that the parking requirement be reduced to 136 spaces for the proposed locker room and batting cage additions and the existing facility. This amounts to a 36% reduction in the parking requirement. Rockwell said the Board is allowed to reduce the requirement by up to 50% if the applicant can demonstrate to the Board's satisfaction that the use has such characteristics that the parking requirement is too stringent. Staff feels the applicant has demonstrated that a reduction of the parking requirement by 36% is reasonable given the average and peak uses of the facility and the expected increase in demand for parking. Rockwell said concerning the requested exception to the Sensitive Areas Ordinance, the slopes section requires that owners of property containing slopes of 25% or greater anywhere on the property must have a Sensitive Areas Development Plan and Sensitive Areas Overlay rezoning approved prior to proceeding with any development on the site. Subsection O provides for the Board of Adjustment to grant a special exception to the provisions of the Ordinance, if the applicant is able to demonstrate that 1) the application of a particular Sensitive Areas Ordinance regulation would deny reasonable, beneficial use of the property, 2) any alterations permitted to the sensitive areas are the minimum necessary to allow reasonable, beneficial use of the property, with the least impact on the sensitive areas, and 3) the proposed development does not pose an unreasonable threat to public health, safety or welfare, on or off the development proposal site. Rockwell said the two indoor batting cages are proposed to be built adjacent to the weight room on flat ground and on the north side of the building, the opposite side of the building from the critical and protected slopes located on the south and west portions of the site. The applicant has requested an amendment to the Board's decision to allow the slopes regulations of the Sensitive Areas Ordinance to be handled administratively through site plan review for construction of the batting cages, as well as for the weight room expan- sion Rockwell said although the batting cages addition will not impact a sensitive area on the site, staff is reluctant for the Board to set a precedent that in effect amends the ordinance to allow administrative review when the Sensibve Areas Ordinance requires a rezoning and planned development for the entire site. Such an amendment should be undertaken legislatively through the City Council, not the Board of Adjustment. The requirements of the ordinance do not deny reasonable, beneficent use of the property. The construction of the batting cages addition may be delayed, but is unlikely to be denied when reviewed by the Planning and Zoning Commission, and approved by the City Council as part of a Sensitive Areas Development Plan. Rockwell said staff recommends that EXC96-0003, be amended to reduce the parking requirements by 36% for the existing facility, the 2,500 square foot locker room expansion, and the 2,100 square foot batting cages addition from 212 to 136 required off-street parking spaces for property located in the CH-1 zone at 2400 N. Dodge Street. Staff also recommends that EXC96-0003 not be amended to exempt the batting cages addition, as well as the weight room expansion, from the rezoning requirements of the slopes regula- MINUTES BOARD OF ADJUSTMENT APRIL 10. 1996 PAGE 3 tions of the Sensitive Areas Ordinance for property located in the CH-1 zone at 2400 N. Dodge Street. Rockwell sa~d she had not received any inquiries concerning the application. Public hearing: Mike Hahn, representative of McComas-Lacina Construction, general contractor for the project, said they have held several meetings with staff to deal with the sensitive areas issue. Hahn said they are still making adjustments to the concept plan and are currently looking at moving construction even further away from the protected slopes, which Hahn noted were man-made, He said that is a separate issue from what the Board is being asked to consider. Hahn wished to point out that having to reinitiate construction in several months, after the issue has gone through the Planning and Zoning Commission and the City Council, may add an extra $7,000-$10,000 to the cost of the batting cages addition. Hahn said they are doing the best they can to push through the process, but the process will take some time. Hahn said should the exceptions be granted, they may have all the necessary permits within a week and be ready to get construction under way for the weight room and batting cages. Hahn said the parking issue for the entire facility was addressed now to get a better idea of what will be needed and/or required. Hahn pointed out that a parking survey was undertaken to the satisfaction of staff. Hahn said the peak usage of the existing parking area was roughly 90 cars. He imagined the batting cages and extra courts would add no more than 20 additional cars. He felt they had demonstrated that there would be plenty of parking available to handle the expected growth of fitness center membership. Hahn pointed out the existing parking area would be upgraded as part of the renovation project. Public hearing closed. i~OTION: Haigh moved and Lehman seconded the motion to approve an amend- ment to EXC96-0003, to reduce the parking requirement by 36% for the existing facility, the 2,500 square foot locker room expansion, and 2,100 square foot batting cages addition from 212 to 136 required off-street parking spaces for property located in the CH-1 zone at 2400 N. Dodge Street. Lehman sa~d this portion of the request is basically a repeat of what was granted last month, and he saw no reason not to approve this request. Haigh agreed with Lehman, and said the applicant has demonstrated to his sabsfaction that the parking to be prowdeal will be more than what would be necessary for the facdity. Haigh sa~d he looks forward to the improvements to the parking area. Brandt said the parking availability has been sufficiently demonstrated, and recognized that there had been no objection from the surrounding properly owners. MINUTES BOARD OF ADJUSTMENT APRIL10,1996 PAGE 4 Bender said as the Board has the ability to reduce the parking requirement up to 50%, a 36% reduction for this type of use would not be out of line. Bender said the parking availability had been sufficiently demonstrated. Eckhardt said she agrees with her colleagues. The motion carried 5-0. i~OTION: Haigh moved and Brandt seconded the motion to approve an amendment to EXC96-0003, to exempt the batting cages addition, as well as the weight room expansion, from the rezoning requirements of the slopes regulations of the Sensi- tive Areas Ordinance for property located In the CH-1 zone at 2400 N, Dodge Street, subject to administrative site plan review of the batting cages and weight room additions, Eckhardt said the requested construction does not appear to impact the sensitive areas. She said she wished to assure the City Council that the Board does not feel it is undertak- ing a legislative action, but is granting an exception to the ordinance where it sees fit. Eckhardt said she views this as more of an adjustment that staff favors and feels will inevitably occur, rather than an amendment to the ordinance. She said administrative review appears to be working in these cases. Brandt said a precedent had been set by the Board at its last meeting to allow the re- quested waiver. Due to the question of the ability of the applicant to have beneficient use of his property when faced with the additional costs of delay, and the fact that staff will still oversee construction, he said he will support the request. Lehman agreed with the reasonableness of allowing administrative review, and said he will support the request. Haigh said the request appears to meet all three criteria for granting a special exception Io [he Sensitive Areas Ordinance regulations, and the request appears to be largely a continuation of last month's request, so he will support the requested amendment. Bender agreed that the request does appear to meet the criteria for granting a special exception. Bender also noted if this application went through the rezoning process, it is unlikely to be denied. She felt the extra expense that may result by requiring a rezoning and delaying the project was not warranted. She said she will support the request. The motion carried 5-0. EXC96-0004. Public hearing on a request submitted by the Elks Club for a special exception appealing the slopes regulations of the Sensitive Areas Ordinance for property located in the ID-RS zone at 600 Foster Road. Rockwell said the Elks Club is proposing to construct a 10-foot by 66-foot golf cart storage building into a grassy slope approximately 15 feet north of the tennis courts that are located northeast of the club house. Although the 185.88 acre site contains sensitive MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 5 features, such as wetlands, woodlands, a river corridor, critical and protected slopes, the golf cart storage building is proposed to be constructed on a slope that is 24.5% and contains no other sensitive features. Rockwell said for-the golf cart storage building project, the Elks Club requests that the slopes requirement of the Sensitive Areas Ordinance be handled administratively through site plan review, instead of requiring a Sensitive Areas Overlay rezoning and Development Plan. The Sensitive Areas Ordinance has slopes regulations that require the owners of property containing slopes of 25% or greater, anywhere on the property, to submit a Sensitive Areas Development Plan and have a rezoning approved prior to proceeding with any development on the site. Rockwell said subsection O of the Sensitive Areas Ordinance does provide an appeal process for the Board of Adjustment, if the applicant is able to demonstrate that 1) the application of a particular Sensitive Areas Ordinance regulation would deny reasonable, beneficial use of the property, 2) any alterations permitted to the sensitive areas are the minimum necessary to allow reasonable, beneficial use of the property with the least impact on the sensitive areas, and 3) the proposed development does not pose an unreasonable threat to public health, safety, and welfare, on or off the development proposal site. Rockwell said the applicant requests that the golf cart storage building be exempted from the rezoning review process, because it will not negatively impact sensitive features on the site. Rockwell said because the golf cart storage building is to be centrally located at a considerable distance from the Elks Club property boundaries, the effects of siltation or slope instability resulting from the construction would only impact the Elks Club proper- ty. The requested exception would allow administrative review of a minor development project in steep slopes. Rockwell said although this is a reasonable approach, the Sensitive Areas Ordinance must be amended legislatively to allow administrative review of projects that do not negatively impact sensitive features and do not pose a threat to public health, safety or welfare, on or off the development site. The requirements of the ordinance, as currently written, do not deny reasonable, beneficent use of the property, but only delay the project pending rezoning review by the Planning and Zoning Commission and the City Council. Until the ordinance is amended, staff cannot recommend approval of the applicant's request. Rockwell said staff, therefore, recommends that EXC96-0004, a request by the Elks Club for a special exception to exempt construction of a 10-foot by 66-foot golf cart storage building on a 24.5% slope, approximately 15 feet north of the existing tennis courts from the rezoning requirements of the slopes regulations of the Sensitive Areas Ordinance for property located in the ID-RS zone at 600 Foster Road be demed. Rockwell added that she had received two telephone calls from neighboring property owners Cory Cleland and Dwayne Bolton, both of whom had no concern once the project was explained to them. MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 6 Public hearing: Bovd Crosby, contractor for the applicant, agreed with the portions of the staff report concerning the fact that the request is not going to negatively impact the surrounding terrain, nor does it pose a tllreat to the public welfare or safety. Crosby pointed out that the slopes off to the east are anywhere from 12% or less up to 35%, with the average slope being 24.5% in the construction area. Crosby said 8-10% of the elevation is a result of the grade up to the tennis courts, a grade which was man-made. Crosby said although the Sensitive Areas Ordinance has its purpose and benefits, he does not see any negative impacts resulting from the current request. Rex Brandstatter, Chairman of the Elks Lodge Board of Trustees, said the club members are really looking forward to taki[~g advantage of the improvements. Brandstatter said there is plenty of room to undertake this project; it would not negatively impact surround- ing properties. Brandstatter compared the request to that of construction of a two-level home in which the rear of the home is inset into a hill and there is a ground-level exit out the rear of the basement level. Brandstatter said it is the opinion of most long time club members that the slope is man-made. Eckhardt asked whether the Elks Club had considered having a Sensitive Areas Overlay rezoning and Development Plan for the site. Brandstatter said the Elks Club is initiating a number of vast improvements which are to occur within the next three years, not to mention the purchase of land to the west of the club by the City, which is likely to involve a major development plan. He said a Sensitive Areas Development Plan would be an option in the future. Public hearing closed. MOTION: Haigh moved and Brandt seconded the motion to approve EXC96-0004, a request by the Elks Club for a special exception to exempt construction of a 10- foot by 66-foot golf cart storage building on a 24.5% slope, approximately 15 feet north of the existing tennis courts from the rezoning requirements of the slopes regulations of the Sensitive Areas Ordinance for property located in the ID-RS zone at 600 Foster Road, subject to administrative site plan review of the golf cart stor- age building project. Brandt said this appears to be a relatively small scale project. Although the project would occur on a steeper slope than the Board had reviewed on the previous request, the impact would appear to be limited. Brandt felt it was reasonable to grant the exception to allow the applicant better immediate use of the property. Brandt also noted that the request does not appear to violate the intent of the Sensitive Areas Ordinance. Bender agreed and said the request meets the criteria for granting a special exception. She said the project involved a minimum disturbance that was necessary to allow for reasonable, beneficient use of the property. Bender said it is reasonable to grant the request sooner, rather than later, especially given the season. She said the project also does not pose a threat to public safety, health or welfare. She said the Elks Club property, itself, would be the only property impacted. MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 7 Lehman agreed with his colleagues and referred to fact that erosion control w~[I occur under administrative review. Haigh agreed that the criteria for granting a special exception are adequately met, and noted that there does not appear to be any strong argument for holding up the project. Eckhardt concurred with her colleagues. The motion carried 5-0, EXC96-0005. Discussion of a request submitted by Aaron Gwinnup, on behalf of property owner Gregory Cilek, for a special exception to modify the front yard requirement along N. Gilbert Street for property located in the Brown Street Historic District in the RS-5 zone at 404 E. Brown Street. Brandt said he is a neighboring property owner and, therefore, will abstain from discussion and voting on this item. Rockwell distributed elevations and photographs of the structure to the Board. Rockwell said the request is for a yard modification to allow construction of an open deck and screened-in porch on the west side of the residence located in the Brown Street Historic District and in the RS-5 zone at 404 E. Brown Street. In the RS-5 zone, a twenty-foot front yard setback is required along all street frontages. The existing residence is set back 23.69 feet from the Gilbert Street right-of-way line. The porch and deck are pro- posed to extend 14 feet from the west side of the residence, that is the proposed additions would encroach 10.3 feet into the required front yard along Gilbert Street. Because the deck does not have a roof or walls, it is permitted by ordinance to extend up to 8 feet into the required front yard. The applicant is requesting Board of Adjustment approval for a special exception to reduce the front yard requirement along Gilbed Street, from 20 feet to 9.5 feet for the 13.5 foot length of the porch, and from 12 feet to 9.5 feet for the 17.5 foot length of the deck. Rockwell said there are several unique characteristics of the site which mitigate the impact of the requested front yard reduction. The right-of-way width for Gilbert Street is 80 feet, and the west edge of the proposed additions would be 33 feet from the Gilbert Street paving. This extra wide right-of-way combined with the change in topography and the existing trees along that right-of-way provide a distancing screening buffer between the proposed porch and deck addibons and Gilbert Street. Rockwell sa~d the requested exception ~s not substantial in quantitative terms as it repre- sents only a 5% encroachment in to the required front yard along Gilbert Street. The 164 foot set back of the addition from Brown Street, as well as the extra wide Gilbert Street right-of-way, the change in topography and the existing trees on the site diminish the impact of the fairly minimal encroachment. The proposed addition and renovations will upgrade the property and should have a positive effect on neighboring properties. Rockwell pointed out that the applicant's planned renovations could proceed without adding a roofed, screened-in porch, and by narrowing the width of the deck by 2.5 feet. This would remove the need for a special exception to modify the front yard requirement. MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 8 Rockwell said safe vehicular access to the property on a shared drive should not be compromised by the encroachment of the deck and the screened-in porch into the re- quirecl front yard. Because the property is located within the Brown Street Historic District, a Certificate of Appropriateness must be approved by the Iowa City Historic Preservation Commission before the applicant can proceed with exterior renovations to the house. Rockwell said staff recommends that EXC96-0005, a special exception to reduce the front yard setback requirements along Gilbert Street, from 20 feet to 9.5 feet for the 13.5 foot length of the screened in pomh, and from 12 feet to 9.5 feet for the 17.5 foot length of the deck for property located in the RS-5 zone at 404 E. Brown Street be approved, subject to the applicant receiving an approved Certificate of Appropriateness from the Iowa City Historic Preservation Commission. Rockwell emphasized that the request concerns the porch and the deck in relation to'the front yard setback, and this should be the focus of the Board's consideration. Rockwell said she had received a number of telephone calls on this item. Two neighbors called with questions, but expressed no objections. One neighbor, Paula Brandt noted design concerns, as well as concem about the impact of the project on her property and property values. Public hearing: Gregory Cilek, property owner, said he grew up in the house, and will soon be moving back to Iowa City with his family to live in this home. He said the property is in very bad shape, and most of the renovations will be occurring inside the house. He said there are a number of site constraints that have kept the house from being useable. He felt the proposed renovations would create more light and air on the west side of the house. He said with the kitchen being moved to the west side of the house, the screened-in porch would allow a safe place for his children to play while his wife is cooking. The area above where the porch is to be constructed is a poorly constructed addition added in the 1970S. Cilek said he is in the design business and intends to vastly improve the appearance of this portion of the house. Cilek said that due to the position of the house in relation to neighboring properties (e.g. Black's Gaslight Village to the east which is noisy and not conducive to privacy), property lines, and the configuration of the house, there is I~ttle option in where to construct such a porch on the house, other than in the proposed Iocabon. Cilek said from an architectur- al standpoint, the addition should work into the bumpout on the west s~de of the house, and this is what he intends to do. Cilek said he intends to keep the addition private and behind vegetative growth, and in no way ~ntedere with the sidewalk or street. Cilek said he intends to mimic the architectural style on the front of the house, in particular in the pillars, rather than using square, weather-treated lumber. Cdek said concern had been raised regarding the stainNell that extends down from the rear of the house to the parking area, and that he intends to move that stairwell to the west side of the house. Cilek noted that the drive and parking area is shared w~th the Brandts, the property owners to the north. MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 9 Tom Downinq, 712 N. Gilbert Street, said he recently purchased his property. Downing said the Cilek house would only be private when the vegetation is in bloom, and this is only half the year. Downing said the addition would be very obvious from the opposite side of the street. He did not agree with the argument that the topography would minimize the noticeability. Downing said that as an individual with some degree of knowledge about older structures, he feels the addition would likely fall into the category of a poorly con- ceived renovation. Downing also questioned the need for another deck in the neighbor- hood and said he does not feel decks are appropriate for the area. Downing said that if the encroachment of the deck is only two feet, why not make the deck two feet shorter. Downing said he does not agree with the idea of an enclosed porch, because he feels that once it is enclosed it will likely become another room of the house, rather than its original intsntion as an enclosed porch. Downing said he also does not agree with enclosed porches for ~esthetic reasons. Paula Brandt, 824 N. Gilbert Street, resident of the property directly to the north of the Cilek property, said the staff assertion that the addition is not substantial bothered her considerably. Brandt said the visual and practical impact of this project comes from its relationship to the existing structure, not the lot. The proposed porch and deck will occupy 434 square feet, 185.5 square feet of which, or 43%, comprises the exception, which Brandt feels is a substantial exception. Brandt said she would need further clarification on the alignment of the stairs, as it is only one of three stairwells proposed for the north side of the house. Brandt said due to the shared drive arrangement she is concerned about the placement of the stairs in relation to automobile movement, as these may fall in the blind spot of someone negotiating to turn around. Brandt also noted concern about more pedestrians, especially young children, on the stairwells. Brandt briefly noted concern about the impact of the project on the retaining wall. Brandt expressed concern that the addition may cause the house to become overwhelm- ing, in effect looming over the shared drive arrangement and her property, which may have a negative impact on appeal and value of her property. Brandt also noted that the designs have already changed several times. She questioned how much the plans may change before a change requires the approval of staff. For example, if an exception is granted to construct in the front yard, would this now allow a two-story, fully enclosed addition. Brandt said although they have enjoyed a good relationship with the Cileks over the years and look forward to the improvements because the structure is in a state of neglect, the improvements may come at the expense of her property. Wanda Wilker, 828 N. Gilbert Street, a 26 year resident of a nearby property, said al- though she initially welcomed the improvements, she has had a change of heart, because she feels that the addition will be simply overbearing and bring things too close to the sidewalk and street. Wilker wondered why the project could not simply be reduced by two feet. Wilker asked as the Cileks had raised eight children in the house, why the structure would not be adequate for a family of four. MINUTES BOARD OF ADJUSTMENT APRIL10,1996 PAGE10 Wilker said the only space where an addition is really feasible would be on the south side of the house. Wilker said the north side is already terribly crowded. Wilker said the parking area is not completely level and a larger structure will contribute even further to the icing problem on that side of the house. Wilker said the improvements are likely to boost surrounding property values, when the improvements are finished, but feels the Brandt property will be dwarfed in comparison and this will only hurt their property value. Mike Cilek~ a local realtor and brother of the applicant, said the improvements will increase the property value of virtually every property within a two block radius. Cilek said Greg Cilek is well trained to make the improvements, and do them in an architecturally sensitive manner. Cilek said the porch is likely to be no closer to Gilbert Street than the porch on the Downing house. He did not feel the structure would infringe any further than many structures all along Gilbert Street. Cilek reiterated his opinion on the property values. Greg Cilek said the structure will still be roughly 29 feet from the sidewalk and not on top of the sidewalk, whatsoever. In regard to screening and overgrowth concerns, Cilek guaranteed he will remove the current growth and replace them with evergreens. In regard to the stairwell to the north, Cilek reiterated that he intends to shift the stairs to the west side Of the house, but noted that the existing drive and means of access to the house are a non-issue in terms of the current proposal. Cilek said the extent to which he intends to make the improvements architecturally correct is going to cost him a lot of extra money, but he intends to do things dght. The posts to the porch, for example, will cost nearly four times as much as they otherwise would, because he intends to use blocks and stucco, rather than merely wood posts. Lehman asked whether Cilek would consider scaling back the plan to bring it within the front yard requirement. Cdek said this would be the fall-back plan, but said this would not really provide sufficient space to put a table with four chairs on the deck and still provide sufficient room to maneuver. Public hearing closed. MOTION: Bender moved and Lehman seconded the motion to approve EXC96-0005, a special exception to reduce the front yard set back requirements along Gilbert Street from 20 feet to 9.5 feet for the 13.5-foot length of the screened-in porch, and from 12 feet to 9.5 feet for the 17.5-foot length of the deck for property located in the RS-5 zone at 404 Brown Street, subject to the applicant receiving an approved Certificate of Appropriateness from the iowa City Historic Preservation Commission. Haigh said he appreciated the fact that Cilek intends to invest so much time and money to improve the structure, because it is in disrepair. Haigh said the improvements can only be asset to the surrounding properties, as well as the city. Bender said when considering the request in comparison to other requests granted over the last year, a 5% encroachment is extremely modest. Bender appreciated the commit- ment stated on the part of the applicant to screen the property and clean up the over- growth. Bender said she does not feel the addition will be overbearing, and will in no way MINUTES BOARD OF ADJUSTMENT APRIL 10, 1996 PAGE 11 be a detriment to the property or to surrounding properties. Bender also felt the addition will in no way be a detriment to the public health and safety. Bender said the front of the structure would not be appropriate for what the applicant intends to do; that it would be unreasonable to ask him to find some other way to make it work when there is only a difference of about two feet. In summary, Bender said the home is in disrepair and the addition would vastly improve the site. Lehman said the current request only concerns the west side of the house. Lehman said this request does not concern the situation with the shared parking area. Lehman also · felt the improvements will upgrade the appearance of the structure and add value to the surrounding properties. Eckhardt said although design of the structure is a concern to her, design is not the concern of the Board and she would not base her decision to approve the addition on the basis of design. Eckhardt said she is pleased to hear the intentions stated by the appli- cant to clean up the overgrowth and replace it with evergreens. The motion carried 4-0-1, with Brandt abstainin_g. BOARD OF ADJUSTMENT INFORMATION: Eckhardt asked that staff, the Planning and Zoning Commission and the City Council make every attempt to move amendments to the Sensitive Areas Ordinance along swiftly, so as to not require the Board of Adjustment to continue making decisions other parties may feel do not fall within the jurisdiction of the Board. OTHER BUSINESS: There was none. ADJOURNMENT: Bender moved to adjourn the meeting at 6:10 p.m. Lehman seconded the motion to adjourn. The motion carried unanimously. Patricia E<~khardt, Board Chairperson Melody Rockwell, Board Secretary Minutes submitted by Jeff Haring. IOWA CITY BOARD OF ADJUSTMENT COMMISSION MEETING WEDNESDAY, APRIL 10, 1996 - 4:30 P.M. CMC CENTER COUNCiL CHAMBERS 11. 12. 13. 15. 1Z 18. MINUTES IOWA CITY AIRPORT COMMISSION THURSDAY APRIL 11, 1996 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Howard Horan, Pat Foster, Robert Hicks STAFF PRESEITI': Anne Burnside, Eleanor Dilkes, Ron O'Neil CALL TO ORDER: Chairperson Horan called the meeting to order at 5:50 p.m. APPROVAL OF MINUTES: The minutes of the March 14, 1996, meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES~ Foster made a motion to approve the bills. motion and it was approved 3 - 0. Hicks seconded the PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No items were discussed. ITEMS FOR DISCUSSION/ACTION: ao Master Plan Study - Searle distributed a copy of Chapter 5 of the Master Plan Study. He said the most important item in the chapter dealt with obstructions and obstruction removal. There were 165 obstructions identified. By extending the runway and raising the Airport elevation, many of the obstructions are eliminated. Some of the remaining obstructions are simple and should be easy to eliminate or can have obstruction lighting installed. O'Neil said he met with the City Forester and discussed removing some of the trees and obstructions that are located on City property. There are some trees along the Iowa River by Sturgis Ferry Park and some by the Army Reserve Center. O'Neil said a grant will be applied for to remove the remaining obstructions. Searle said several of the obstructions are owned by the City and should be addressed immediately. Searle said he thought the FAA would look very favorably toward an obstruction removal plan where local initiative was taken to protect airspace on the runway ends. He said the preliminary Airport Layout Plan is at the FAA in Kansas City for review. Searle also discussed land acquisition needed to implement the Master Plan. He said there is a small amount of land that should be purchase in fee simple and some areas where avigation easements will need to be negotiated. Future dates for the Master Plan Study were scheduled. A public hearing will be set for June 13 to discuss the Master Plan. A meeting will be scheduled to present the Master Plan to the City Council and Commission. This could be at the May 20 Council work session. bo Snow removal policy - This item was deferred 'until the May meeting at the request of subcommittee chairperson Mascari. o. West Corporate hangar building - O'Neil said several questions were raised at the pre-bid conference on April 10. A specific site plan was requested by the bidders. O'Neil said he has contacted three firms for proposals to conduct a site survey and prepare a site plan. The type of main hangar door was discussed. O'Neil will contact some door manufacturers for prices and information. The type of heating in the hangar area was discussed as well as a specific lighting scheme and floor drain system. 4. Iowa City/Coralville J. O.'s - Wanda Ottar and Alex Alvarez circulated information outlining the events they would like to have on the Fourth of July. The Commission reviewed the list and indicated which events were permissible and which would not be allowed. The Comm~ission discussed the lay-out for the events and which areas will need to be fenced. The procedures for allowing aircraft owners access to their planes were discussed. A work schedule was reviewed. Some things would be delivered on the afternoon of July 3. There would also be a clean up group at the Airport on July 5. O'Neil said Mascari would be the Commission member responsible for supervising the event. Any time the J.C.'s were at the Airport setting up, during the fireworks, and during clean up, someone from the Airport would need to be there to supervise. Alvarez said there was a misunderstanding last year when Jones, from Iowa City Flying Service, gave the J. C.'s permission to go out on the runways. Alvarez said he explained to his group that permission to go anywhere on the airside of the Airport needed to be from someone representing the Commission, not ICFS. Hicks made a motion to allow the J.C.'s permission to use Airport property to conduct their annual fireworks display. Foster seconded the motion and it was passed 3 - 0. Ottar gave O'Neil a copy of their Certificate of Insurance. O'Neil said he will have it reviewed by the Assistant Finance Director to make sure it is adequate. The question was raised about scheduling a rain date. The J.C.'s will discuss this and report back to O'Neil. July 5 was a suggested date. e. Minimum standards - O'Neil said the subcommittee had developed a preliminary draft of a set of minimum standards and would be ready to discuss the standards at a meeting in the near future. He recommended that the Commission have the minimum standards completed before they start marketing parcels of Airport property slated for development in the Master Plan Study. CHAIRPERSON'S REPORT~ Horan said there was a nice editorial in the Press Citizen concerning the Master Plan. Horan asked O'Neil when the ADA improvements for the Airport Terminal would be completed. O'Neil said the new floor covering was scheduled to be installed on April 15. The partitions would be installed and the painting completed after the flooring is installation. The outside ramp will be installed in late April or early May. COMmiSSION MEMBERS' REPORTS: No items were presented° ADMINISTRATIVE REPORT: O'Neil said he was contacted by a group that is installing a self-fueling operation at the Airport. agenda item sometime this summer. interested in This may be an O'Neil reminded the Commission of the Iowa Aviation Conference on April 25. Horan, Foster, and Blum are the Commission members attending. There is an interest from a group in Iowa City to locate a Science Center at the Airport. This may be on the agenda as soon as the May meeting. There are two parcels of property near the Airport that are requesting rezoning. One is the Ruppert property directly east of Menards and the other is the Wolf property south of the Airport. The FAA is reviewing the Commission's Request for Review of an airspace study for construction of an antenna northwest of the Airport that was determined to penetrate the 20:1 slope of Runway 12 by 26'. O'Neil said he discussed the proposed construction with someone from the FAA's Washington, D.C. office. O'Neil reminded the Commission that Anne Burnside will be leaving as the Airport's attorney on approximately June 1 and will be replaced by Eleanor Dilkes. SET NEXT MEETIN~ The next regular meeting is scheduled for May 2, 1996, at 5:45 p.m. ADJOURNMENT: Hicks moved to adjourn the meeting. the meeting adjourned at 7:12 p.m. Foster seconded the motion and Human R£~hts Commission Minutes of April 22, 1996 meeting PRESENT: Alison Ames-Galstad, Mei Dautremont, Pat Harvey, Tom Dickerson, Joan Jehle, Diane Martin ABSENT: Ann Shires, Osha Davidson, Andre Peery Staff Present: Heather Shank Public Present: Joy Zeiler CALL TO ORDER: Chairperson Galstad called the meeting to order at 7:04 pm. The minutes from the last meeting were approved as amended. Ms. Shank has the changes. RECOMMENDATIONS TO COUNCIL: The Human Rights Commission recommends to continue to announce the gender make-up of all Iowa City boards and commissions as vacancies occur and to continue to strive for gender equality. It was noted that this procedure has never been challenged nor deemed unconstitutional in the past and is in line with the Iowa State Code Section 69.16A. STEVE NASBY: Mr. Nasby is from the Dept. of Planning and Community Development. The 1994 Analysis of Fair Housing Practices and Impediments is currently being updated. Once the update is complete, the document will be submitted and reviewed by HUD. Now that the impediments have been identified, HUD will also begin to review what actions local communities have taken in order to eliminate these impediments· After Marianne Milkman attended a meeting last year, the Human Rights Commission had identified several main goals: Community education and awareness Substantially equivalent ordinance Network with other organizations and agencies Mr. Nasby recommended some additional commission actions: Update the 1985 discrimination survey Work with local landlords regarding Section 8 and fair housing Provide fair housing information for landlords/property managers - possibly when reapplying for rental permits Accessibility issues Interaction with such non-profit organizations as LIFE Skills, Mr. Nasby reviewed the previously identified impediments: 2. 3. 4. 5. 6. 7. Large family size - inability to find affordable housing Racial discrimination Rent history, bad credit Housing for Persons with disabilities Ignorance of the current laws by tenants and landlords Reluctance to file complaints Negative perception of the Section 8 program A sub-committee has been created by Diane Martin, Pat Harvey and Tom Dickerson to outline the commission's housin9 goals and actions. The proposal is to be discussed at the June meeting. JOY ZEILER: Joy was assigned the responsibility to examine the recommendations made by MUD and to determine the ordinance revisions necessary to gain Substantially Equivalent certification. The report addressed four major issues: Why the ordinance has failed to be certified as substantially equivalent in the past The areas HUD noted as the more serious deficiencies A detailed explanation of the recommended revisions Why gaining certification is important to Iowa City Ms. Zeiler is to be commended for the excellent analysis she has written. Further discussion: There is some concern about the time restraints that HUD imposes within its recommendations. As well, Ms. Galstad is to review Section 2-5-2 Exception C witk Ms. Anne Burnside. The issue of substantial equivalency is to be placed on the agenda for the May meeting. A vote will be taken at that time to formulate a resolution to council. MAY MEETINGS: The joint meeting with the Iowa Civil Rights Commission is still scheduled for May 9th. Ms. Galstad is to contact Don Grove to verify the purpose of the meeting and to determine its feasibility. The monthly commission meeting is to be held May 20th or as an alternate date, May 13th. REPORTS OF COMMISSIONERS: Mel Dautremont attended the NOW March held in San Francisco on March 14th. Tom Dickerson has a photo exhibit celebrating the 25th anniversay of Systems Unlimited. It has been on display at Iowa State Bank and will be on display next at the public library. OLD BUSINESS= The IMU has been scheduled October 10th for the awards breakfast. President Coleman's office will be considering speaking engagements in early May. Ms. Shank attended a meeting April 10th on ADA issues. She reported that in both federal as well as state courts, what is being considered as a disability under the legal definition is changing. Carpal tunel, back problems, etc. are no longer being protected as a disability. The current trend seems to be if a person can do any amount of work, then he/she is not considered disabled. Yet at the same time, they are not protected if they can no longer do the essential functions of the job. Educational Forum is still set for June 6th and June 13th. Ms. Shank has done an excellent job putting the forum together. Ms. Martin mentioned the need to have a public forum on the topic of the ordinance itself. Next meeting a discussion of the by-law revisions is to be added to the agenda. NEW BUSINESS~ Ms. Kathryn (Kaci) Carolyn has been hired as the new part-time investigator. She will begin her duties on April 29th. Ms. Carolyn is a attorney. STATUS OF CASES: Each team has an outstanding case to review. Meeting adjourned at 8:56 p.m. ~ i · - ' ,}!; FINANCIAL PROVISIONS FOR PUBLIC OFFICERS AND EMI~L0¥EI~S, Ch 70A ~ ":i~ to an board corem esinn, or council 69.17 Employees as members ~ votmg. tendance ~: .' .~ . all not app y Y ..... - .'--~ ~ o- em~qovee of an anpointive board, commis- sh ' bed b the Cede for wmcn otaer resmc~to,, ..... ~ :, .... Li. ~r ,~ ~o,a c~mmis- i. "-' ~3 ~tabhs _Y . . , ,m..-__~ .r ~^~t,~ by the gover~ .. ~- regardin§. tl~,e P sion· or council, that employee shall not be a votmg state shall b~; '.'- ~[ prOVided_~y~.aw~ 16' member Payment of per diem and expenses shall on from su~~ '."~ ' '~ [C77, 79, ~I, ~o~. I . . e~ ' ~'~' · ; ~ ~,e nots ch 1245 i2040 87 Acts, ca 21o, "- : ~'~'.~ :9 ~Y s, annointive boards, commtssmns, comml~,~ , · nd last of ths.~ ;:. ~.,~ ~n~co'~cils of the state established by the ,Coa, e }urpuse are at'& ~ ~ i ~t otherwise provided by law shall be gander. ;~-' · ~ 'a '~ ~,~ No hersan shall be appointed or reappomtea ae-half of the~' $ w~n5 bo~, commission, committee. or council es- not cause a member to be considered an employee of that board, commission or council. {C77, 79, 81, §69.17] 69.18 Salary of acting appointees. If a vacancy occurs in a position which is appoint- ed by the governor subject to confirmation by the senate and the governor designates a person to sewe : ~' teblished by the Code if that appointment or reap- ~ pointmerit would cause the number of members of .¥ the board, commiesinn, committee, or council of one · ! gender to be greater than one-half the membership ' of the board, commission, committee, or council plus · one fithe beard, commission, committee, or council '] is composed of an odd number of members. If the '-. beard. commission, committee, or council is com- posed of an even number of members, not more th, ea~. one-half of the membership shall be of one genue . If there are multiple appointing authorities for a board, commission, committee, or council, they shall consult each other to avoid a violation of this sec- tion. This section shall not prohibit an individual frem completing a term being served on June 30, 1987. : 86 Acts, ch 1245, §204h 87 Acts· ch 218, §8; 88 !Acts, chl150,§l .~..~,~:. ~:.,-.~ 70A.10 ?0A. 11 any period of ~ uly 1 or Janu- s' uuless such etings during ~ ,n~y to such a ~ ~hen the per- ~ ~oard. ~1 and had no '~ ~es the gover. ithin ten days ~ such meeting ff this section. · etmn may ac- , governor ac- ch person, in ~d pursuant to make another ~ ,ntment shall ~' .he same term ~ .~d by resigns- ides any com- nmentai body fitical aftilia- . and councils not o~herwise he~r cornpeal- i! eappointed to bliahed by the or reappoint- ~mbers of the g to one poht- ~ 70A.I the member- tnci] plus one- ~ 70A.2 ~f members of ~- e law does not '~ 70A3 of leg~slarors i ?0A.4 70A~5 ~ded by poim- ~ 70A.6 )f members of e number rep- 't TOA.7 70A.8 not exceed by ~'0A.9 s of the other L If there am ~ard, commis- ties shall con- ~. Th~s section in that position in an acting capacity, that person shall not receive compensation in excess of that au- thorized by law for a person holding that position. [C81, §69.181 69.19 Terms of appointments confirmed by the senate. All terms of office of positions which are appointed by the governor, have a fixed term and are subject to confirmation by the senate shall begin at 12:01 a.m. on May 1 in the year of appointment and expire at 12:00 midnight on April 30 in the year of expiration. [CSl. §69.19] CHAPTER 70 VETERANS PREFERENCE LAW CHAPTER 70A FINANCIAL PROVISIONS FOR PUBLIC OFFICERS AND EMPLOYEES Salaries - payment - vacations -- sick leave -- educatxonal leave· Promotion. discharge, demotion or suspension -- absence for medically related disability not considered. Appraisers of propenT. When fees payable F~e~ payable m advance. Receipt for fees paid. Report of fees. S~te accounts - inspection. Charge for use of automobile by other than state officer or employee. Mileage and expenses - prehibismn- Mileage and expenses -- when anailowable. 70A.12 Out.of-state warrants limited. 70A.I3 Particulars reqmred by county board. 70A.14 Defimtmns- 70A. 15 Payroll deducuon. 70A.16 Intemew and mo'nng expenses. 70A.17 Additional payroll deductions. 70A.I$ Compensanon based on comparable worth. 70A.19 Duration of state payroll deduction for dues of employee organisauon member. 10A.20 Employees disabthty program. 70A.21 and 70A.22 Reserved. 70A.23 Credit for accrued sick leave. 70A24 Olympic competmon leave of alnence. 70A.25 Edueatmnal leave - educational assistance. 70A.25 and 70A.27 Reserved MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, APRIL 22, 1996- 5:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Cordell Jeppsen, Betty McKray, Eric Rothenbuhler, Steve Hoch and Howie Vernon MEMBERS ABSENT: STAFF PRESENT: Shaffer, Brau, Helling OTHERS PRESENT: Beth Fisher, Ren~ Paine, Derek Maurer, Lida Cochran, Nicholas Johnson, and Mary Vasey SUMMARY OF DISCUSSION Paine reported a meeting will be held with producers to ascertain how the most recent policy changes have been working out. Shaffer reported the Johnson County Community Network- ing Group will hold a public forum in early June on their activities and how the public can become involved. Shaffer reported TCI's most recent rate increase filing has been forwarded to Rice, Williams for review. A letter requesting further clarification of some parts of TCI's filing will soon be sent. Nicholas Johnson outlined several possible actions the City could take in response to the proposed rate increase. The Commission directed staff to conduct a survey regarding community programming. Shaffer reported negotiations with PATV to renew their contract is progressing well. The Commission agreed to pursue getting the access channel's program schedules included in the Press-Citizen. APPROVAL OF MINUTES It was moved by McKray, seconded by Vernon to approve the corrected March 22rid minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Hoch asked Shaffer if he agreed with Bill Blough's opinion that a competing video provider will offer service in Iowa City within three years. Shaffer said he believes if a competitor comes to Iowa City, it would likely be in five to ten years. SHORT PUBLIC ANNOUNCEMENTS None LIBRARY REPORT Fisher reported the channel 10 guidelines had been reviewed by the Library Board last Thurs- day. There were no substantive changes. Channel 10 will be getting a University intern for the summer. An event hononng library volunteers will be shot and cablecast. The Friends book sale will be Saturday from 10:00 to 4:00. Broadband Telecommunications Commission April 22, 1996 Page 2 PATV REPORT Pa~ne reported the PATV fiscal year 1995 annual report will soon be complete and Will be made available for the May BTC meeting. The most recent policy changes including the prime-time series policy requiring a new show every two weeks, that all producers take the guidelines workshop, and the statement of responsibility policy are all being reviewed. Meetings will be held with producers to determine how the new policies have worked out. Two to three staff-assisted series programs have been selected and will begin in May. Interviews for an unpaid summer intern position will soon take place. The intern should enable coverage of more local events. Advertising is underway for a part-time programming coordinator. Hoch asked about the likelihood the proposed Center Space could provide housing for PATV and about the need for interim housing. Paine said it is unsure if or when the Center Space will be built, but a communications center is a priority in the plans. The timeline for construction of a new library addition is about 18 months. Discussions are continuing to be held with the library about PATV's housing needs. LEGAL REPORT Shaffer reported that he and Burnside have been working on the revisions to the government channel guidelines which should be available for review at the next BTC meeting. TCIREPORT Blough is on vacation. ECC REPORT None CABLE TELEVISION ADMINISTRATOR REPORT Shaffer reported he has been attending the Iowa City Community School District Technology Council meetings. Three sums of money will be made available to them, the largest coming from recently passed state legislatmn. Decisions on hnw tO spend those funds will be mede shortly. Don Wood has been attending the Johnson County Community Networking Group (JCCN) meetings on behalf of the City Cable TV Office. A public forum will be held 7 pm, May 16th, ICPL room A to inform the public of their activities and how the public can become ~nvolved. The JCCN ~s developing a World Wide Web site. Shaffer reported receiving 14 complaints, 4 about rate increases, 1 about the late fee, 1 about the length of the billing cycle, 2 about not getting a refund for the outage of the FOX channel, 5 about outages, 1 about not being able to receive service. and 1 about funding PATV. Most complaints can be dealt with without coming before the BTC, however one complaint has not been resolved and Shaffer has received conflicting stories. The complaint involved a dispute of $11.45 in charges and late fees. It may be necessary for the BTC to hold an administrative hearing on the matter. GOVERNMENT CHANNEL GUIDELINES Deffered. Broadband Telecommumcations Commission April 22, 1996 Page 3 RATE REGULATION Shaffer reported the City has forwarded TCI's FCC filings relating to TCI's most recent rate ~ncrease proposal to Rice, Williams for review. A teleconference with Rice, Williams was held. Specihc questions requesting clarification of some aspects of the filing will shortly be sent to TCI. There appears to be a few rather small problems. A large share of the proposed rate ~ncrease appears justifiable according to the FCC formulas. The City must respond within 90 days, which is June Jst. The City can deny an increase in basic rates if the increase cannot be justified. Vernon noted that it would be good business if TCI gave some consideration to charges in surrounding communities and asked if Rice, Williams had made those comparisons. Shaffer said the FCC formulas do not take into account a region's services and charges and Rice, Williams was not asked to look at area charges. Jeppsen asked if there was any harm which might come to the City if the rate increase was challenged. Jeppsen said he would like TCI to rationalize the rate increase publicly. Shaffer said TCI should be given a chance to respond to the questions put forward to them first. If TCI does not respond in a timely fashion or does not respond at all, then various options need to be looked at. Jeppsen asked if the City would lose anything if it turned down TCI's request only to be overturned by the FCC. A rate denial may gain something as far as public awareness. Shaffer said the City would not lose anything, but the City would need some justification for a denial. The City is now trying to establish if there is such justification. Vernon sa~d ~t is in TCI's best interest to respond to the City's questions because the public perception ~s that they are being charged unfair rates. Hoch said the City should proceed with questions, but this needs to be separat- ed from a decision on whether to approve or deny the rate increase. There are costs to the City in staff time and consultant fees which may be better spent elsewhere. Asking TCI to explain the proposed rate increase would be helpful to the community. Hoch said few systems currently offer only 36 channels. Iowa City has relatively high rates compared to the low level of service. TCl is increasing its rates before its' rebuilt. It is one thing to increase rates for better service, but Iowa City now gets an inferior level of service. McKray inquired about a pending rate increase which had been appealed to the FCC. Shaffer said the City has a complaint pending with the FCC regarding commercial rates. The FCC may not ever get to ~ssue a ruling on commercial rates given the need to issue rules resulting from the 1996 Telecommunications Act and ~ndecision at the FCC on how it m~ght rule on the issue. The City will continue to monitor the ~ssue. Nicholas Johnson introduced himself and said he was sympathetic with the responsibilities the 8TC faces as he was a Cummissioner for six years. Johnson was also an FCC Commissioner for seven years. Johnson said that, historically, the cable industry has manipulated the political process to its own advantage. When the cable ~ndustry was hawng trouble w~th the FCC, which at that time was beholden to the broadcast ~ndustry, the cable industry went out and flim-flammed the commumties. With assistance from the Cable Television Information Office, cities became better informed began getting better deals from cable operators. The cable ~ndustry then conwnced Congress, with the assistance of hundreds of thousands ~n campaign contributions and a subserwent FCC, to limit the authority of mun~c~paht~es. Now there ~s very I~ttle crees can do. The community ought to explore, w~th the Comm~ssion's leadership, possible alternatives. There are a lot of things which m~ght be accomphshed by looking at alternatives. One ~s that something might actually get accomphshed--that is, the City may decide to actually proceed w~th one of the alterna- tives. Even if the City decides not to undertake a course of action, it does advance public dialogue. One alternative is a municipally owned cable system, such as the one in Cedar Falls. A mumc~pal system would offer better service at a smaller rate. In Flint, Michigan there was a proposal for a mumcipal system which ~ncluded w~ring every home with an alarm system. As a result. a local insurance company offered to cut their rates in half. Other telemetry Broadband Telecommumcations Commission April 22, 1996 Page 4 applications could also be ~ncluded. The mere fact serious discussions on municipal ownership were being held would come to the attention of Tel corporate offices. Coop ownership is also an alternative. The City could issue an Request for a Proposal (RFP) directed to US West and others. Competition for video services, ISDN lines, fiber optics, and ~nternet access are all possible. Wire!ess cable is also a possibility. Multipoint, multichannel distribution systems (MMDS) could provide a competing cable system, although the City could not collect franchise fees. Hoch asked if the C~ty did nothing, how likely it is that competitors would want to come in on their own accord. Johnson said part of the reason to undertake an action is to get TCl's attention. If the City were to hold one or a series of press conferences announcing an intention to bring in a competitor, the trade journals would pick up on the story and TCI corporate would certainly take notice. Ultimately, the only way to get action is to educate, organize and involve citizens. If the Commission chose, they could lead a boycott of TCl in Iowa City. Petitions could be circulated stating subscribers will downgrade or cancel service on a specific date. Even the fact petitions were being circulated would indicate to TCI corporate that people were upset and this is not just business as usual. The message that Iowa City is going to pull out all the stops needs to get through to TCI. A better job needs to be done of pointing out publicly, ~n the Press-Citizen, Daily lowan, radio and TV the gross abuses of TCl all across the country. An audit of the company needs to be conducted. Programming charges need to be reviewed and an explanation given why a small system like Cedar Falls can charge less than a huge corporation like Tel. If TCI does not want to provide access to the programming contracts, that should be publicly objected to. Every single provision of the franchise which has been violated needs to be revealed. Anything that can be done to deny rate increases and roll them back should be done. Hoch agreed with Johnson that competitors ought to be encouraged to come to Iowa City. Shaffer said he agreed provided the City can establish a level playing field. The City has started the process, but more research needs to be done. Competition is a good idea, m some timeframe, but prior to the City taking any action in regard to an RFP the City needs to do more research on what kind of legal structure can be developed so the phone company is treated like the cable company. How a telephone company ~s treated on a local level does depend on the 1996 Telecommunications Act, state and local laws. The initial work to set up an ordinance covering telephone companies prowding wdeo services simdar to cable companies was started last year. More work needs to be done in light of the new federal legislation. The City may charge a reasonable fee for use of the public right-of-way. Rothenbuhler said that while competition and consumer choice may bc attractive, they may not lead to desirable outcomes given delivery of cable service is not a classic market situation. Cable service, rather, is a classic utility s~tuation and by the classic economic models is a natural monopoly and should be regulated. Inviting in competition may be playing into the arguments of the cable, tele- phone and broadcast industries that they need to be free to compete and the market will mewtably bring the best results. Hoch sa~d that currently we have the worst situation, an unregulated monopoly. The Commission has no other options m the current s~tuat~on but to look to competition. Vernon sa~d once TCI begins to offer telephone service. it ~s very likely US West wfil want to compete m the cable business. Jeppsen sa~d the City staff should continue to define avenues and options. The Commission owes ~t to ~ts subscribers to see how various options could be used to get better service and cost. CHANNEL ACCESS SURVEY Shaffer sa~d he and Helling had discussed the idea of conducting a survey to help the Commis- sion in its decision relating to the use of pass-through funds and local community television, given the surveys done in relationship to refranch~sing are slightly dated. It was moved by Broadband Telecommunications Commission April 22, 1996 Page 5 McKray, seconded by Vernon to direct the staff to conduct a survey related to local access channels. The motion passed unanimously. PATV CONTRACT RENEWAL Shaffer reported good progress has been made in PATV's contract negotiations. The contract will probably be a three-party contract between PATV, Iowa City and Coralville. Coralville subscribers have been contributing equally on a per subscriber basis to PATV through the rate base. Hoch asked if Iowa City gives PATV more funds beyond the rate base, will Coralville also contribute additional funds. Shaffer said that is beyond anything which is being dis- cussed. Jeppsen said that contract negotiations are negotiating the status quo and pass- through funds are not part of those discussions. Shaffer said Coralville has requested relative- ly small items, for example, a camcorder and light kit to be housed at the Coralville Library and one training session a year held at Coralville. Negotiations are down to a few issues such as establishing the baseline service level to be provided, performance evaluation criteria and the term of the contract. Hoch said he would like to take some action to get the Press-Citizen to publish a schedule of the access channels. It was agreed Hoch and Vernon will talk with the Press-Citizen editor. Jeppsen asked if there were anything on the access channels which might make it difficult for the paper to include. Paine said they schedule a couple weeks ahead and they could accommodate whatever the Press-Citizen needs. ADJOURNMENT It was moved by Hoch, seconded by Rothenbuhler to adjourn. The motion passed unanimous- ly. Adjournment at 6:50 p.m. Respectfully submitted, Cable Television Administrator MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, MAY 2, 1996 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Richard Gibson, Jane Jakobsen, George Starr, Lea Supple MEMBERS ABSENT: Tom Scott STAFF PRESENT: Sarah Holecek, Scott Kugler, Bob Miklo, James Erwin RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of REZ96-0006, an application to rezone a 2.32 acre tract located northeast of Sunset Street on the south side of Highway 1 from I-1, Industrial, to C1-1, Intensive Commercial, subject to conditions on control of layout and design, access, outdoor storage, screening. landscaping and signage. Recommended denial, by a vote of 6-0, of REZ96-0010, an application to amend the WestPort Plaza conditional zoning agreement to eliminate the requirement for a "cohesive, integrated development," and to remove the requirements for facades of the buildings to provide "horizon- tal continuity" for property located in the CC-2 zone at 855 Highway 1 West. Recommended approval, by a vote of 6-0, of SUB96-0006, an application to approve the final plat for Newport Ridge Subdivision, a 25.30 acre, 9-1or residential subdivision located on the north side of Newport Road in Johnson County. Recommended approval, by a vote of 6-0, of S-8801, an application to extend the preliminary plat for Hunters Run Subdivision, Part 8, a 16-1ot residential subdivision located on the north side of Rohret Road, to November 3, 1996. CALL TO ORDER: The meeting was called to order at 7:35 p.m PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENTS OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Chairperson Starr announced that there was one vacancy on the Historic Preservation Commis- sion, and said the appointment would be made at the next meeting of the City Council. HISTORIC PRESERVATION ITEM: Public discussion of the proposed designation of 37 properties as Iowa City historic landmarks. Kugler noted that the Historic Preservation Ordinance called on the Planning and Zoning Commission to review proposed historic designations with respect to their relation to the Comprehensive Plan, the zoning ordinance, and other improvement plans. Kugler said the current proposal appears to be in line with the Comprehensive Plan. He said staff feels that the designations would not be in conflict with the zoning ordinance or other PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 2 improvement plans. He noted that comments from the State Historical Society were needed before a vote could be taken. He said these comments from the state would be available for the May 16 Planning and Zoning Commission meeting. Sue Licht of the Historic Preservation Commission gave a presentation on the properties proposed to be designated. Douglas Russell of the Historic Preservation Commission said he had received 13 favorable and one unfavorable response concerning the landmark designations. He noted that the dissenting owner had a good histodc preser- vation record. He said landmark properties would receive protection from demolition or major facade changes. He noted that National Register buildings received no such protection. He remarked that no owner within a historic district had been denied approv- al or had appealed a design review decision by the Commission to the City Council in the 14 years the Historic Preservation Commission has been involved in design review. Gibson asked Russell about the article in the Daily lowan on the Park House Hotel. Russell said any confusion was due to the reporter who wrote the article. He sa~d he felt the Park House Hotel could be restored if the property owner was willing to spend the money. The building was slated for protection under this ordinance. Gibson asked if the Historic Preservation Commission had the power to require renovation. Miklo said if a building was condemned, the Commission can delay the demolition for up to 30 days to work with the property owner and building official on a plan to save the building. If nothing was worked out, the building would be demolished. Public discussion. Lain/Svoboda, 16 Clear Lane NE, said many more areas were coming up for consider- abon for historic designation in the future. He expressed his opinion that historic preser- vation could go too far He asserted that the Park House Hotel had outlived its useful- ness, and said prolonged deliberation would cost the owner a great deal of money Georqina Hoffman, 1016 East Colleqe Street, sa~d she was in favor of the landmark designations. She said the house next to hers had been tom down and replaced with a large apartment complex. She said h~storic preservation was vital to retain the charac- ter of Iowa City Betty Means, 120 Fairchild, said that buildings can wear out if they are abused. She said she would rather see neighborhoods protected than houses. She acknowledged ~t was expensive to maintain an old budding, and said she was unsure that property rights should be abndged. G~bson remarked that ~t sounded hke the concerns raised by some of the speakers were addressed by the RNC (Neighborhood Residential Conservabon) zone. Miklo sa~d the RNC zone maintains density, but has no design rewew or demolition protection Hoffman sa~d the tom down building had been used as a fraternity house, so the density had been maintained by the new 24 bedroom apartment building containing only six units. Gibson said that seemed to be a large loophole. Miklo said the area would have to be downzoned or histodc preservation would have to be added to RNC zones to prowde the protection being requested. He sa~d he understood that the Longfellow Neighborhood would be approaching the Commission soon w~th proposed amendments. PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 3 Svoboda said that an histodc designation was not an appropriate way to solve that problem. Gibson said that the problem lay with the regulations of the RNC-20 zone. Public discussion closed, MOTION: Bovbjerg moved to defer the proposed designations of Iowa City histor- ic landmarks to the meeting of May 16, 1996. Gibson seconded. Bovbjerg asked if a landowner could ask for a property to be removed from the list of historic landmarks. Kugler said there were no specific procedures. Miklo said there was also no procedure on National Register buildings. He noted that in an overlay zone, the burden would be on a landowner to show that a building had lost its histodc signifi- cance. The motion was carried by a vote of 6-0. REZONING/DEVELOPMENT ITEM: REZ96-0011/SUB96-0010 Public discussion of an application submitted by R.D. Phipps to rezone a 2.29 acre tract from RS-12, High Density Single-Family Residential, to OSA-12, Sensitive Areas Overlay/High Density Single-Family Residential, and prelimi- nary plat and Sensitive Areas Development Plan approval of Meadow Ridge, Part 2, a 4-1or residential subdivision located on the east side of N. Dubuque Street north of Bjaysville Lane. (45-day limitation period: May 27, 1996) Miklo said the applicant was redesigning the plan, and the new plan would be signifi- cantly different. He noted that building anything besides another duplex on this property wou!d require a Sensitive Areas Development Plan. Gibson asked if the application would need two more meetings. Miklo said it would. Public discussion, David Nadler, 1973 Meadow Ridge Road, said he had objections. but would defer his comments untd he saw the revised plan. Harold Spencer, 2000 North Dubuque Street, said he had lived in the area for 35 years. He sa~d that a beautiful hillside near his home had been removed for the Meadow Ridge Subdivision budt by Phipps. He expressed his belief that Ph~pps would proceed in the same manner on this property. Public discussion closed, MOTION: Supple moved to defer REZ96-OOII/SUB96-00tO, an application to rezone a 2.29 acre tract from RS-12, High Density Single-Family Residential, to OSA-12, Sensitive Areas Overlay/High Density Single-Family Residential to the meeting of May 16, 1996. PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 4 Gibson expressed a concern that this property is at an entrance to Iowa City and developed in this location would need to be carefully designed to maintain the character of this entrance. Starr agreed. The motion to defer was carried by a vote of 6-0. REZONING ITEMS: REZ96-0006. Public discussion of an application submitted by the Wisdom Development Group, Inc. to rezone a 2.32 acre tract located northeast of Sunset Street on the south side of Highway 1 from I-1, Industrial, to C1-1, Intensive Commercial. (45-day limitation period waived to May 2, 1996) Kugler said staff recommended approval subject to a Conditional Zoning Agreement (CZA) addressing control of layout and design, signs, vehicular access, outdoor storage, and landscaping. He said two changes to the CZA should be noted. The firSt was that the 30 foot setback had been clarified on page 2. He then recommended that a section be reworded to read "landscaped with ground cover'' to prevent the planting of trees in the utility easement. He said the section preventing outdoor storage should be revised to allow exceptions for plant nurseries and automobile sales Public discussion, There was none. Public discussion closed. MOTION: Bovbjerg moved to approve REZ96-0006, an application to rezone a 2,32 acre tract from I-'1, Industrial, to CI.1, Intensive Commercial subject to a condition- al zoning agreement addressing control and design layout, signs, vehicular access, outdoor storage and landscaping, Jakobsen seconded. The motion was carried by a vote of 6-0. REZ96-0010. Public discussion of a request submitted by Staples, Inc. on behalf of properly owner Randall International, Inc, to amend the Conditional Zoning Agreement for WestPod Plaza to eliminate the requirement for a "cohesive, integrated develop- ment," and to remove the requirement for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Commumty Commercial, zone at 855 Highway I West. (45-day limitation period: May 13, 1996) Kugler reviewed the discussion of April 29, 1996. He presented the new concept plan supplied by Stap!es, which would include a new building configuration and a pedestrian walkway to the edge of the property He sa~d that staff still felt the property should be developed ~n a manner consistent with the conditional zoning agreement. He noted the property was valuable enough for a developer to eventually agree to the CZA's condi- tions. Kugler said the City should not consider amending the conditional zoning agree- ment before efforts to change the pnvate covenants are made. He said that if the Commission decided to amend the CZA, pedestrian crossings should be given more consideration. He also urged that the dnve running parallel to WaI-Mart's tempora~j PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 5 drive be combined so that only one driveway was necessary. Kugler said these Issues had not been addressed by the applicant. He said staff recommended deferral. Starr said an option might be to include a drawing in the conditional zoning agreement. Holecek recommended that if a drawing were included in the conditional zoning agree- ment, it should be more detailed. Bovbjerg said that inclusion would require usage of that plan. Holecek noted that the more detailed the plan was, the less room was left for differences of interpretation. Gibson said the area would be impossib!e to develop in compliance with the conditional zoning agreement without the full cooperation of Wal-Mart. He asked how the City could ensure the developers would satisfy the conditional zoning agreement. He said there was no way to ensure Wal-Mart would complete the pedestrian walkway. Miklo noted that by adhedng to the approved plan the development would be much closer to the CZA. Gibson agreed, but said there was no absolute guarantee. Holecek asked if Gibson meant approval would constitute acquiescence in the current parking require- ments. Gibson asked if it would alter the parking requirements in the conditional zoning agreement. Holecek said it would not. Chair said the Commission had no control over the covenant, and noted the issue seemed to be whether the ddveway should be allowed. Starr asked if an amendment to the CZA would preclude an eventual connec- tion. Miklo said it would result in more of the property being paved for parking and it would be less likely that the odginal plan for the shopping center would be built. Bovbjerg said the City was acquiescing to the hi9her parking requirements of a pdvate agreement. Holecek said a change in the pdvate agreement could be negotiated between the property owners. Bovbjerg said it seemed the Commission had been told to solve a problem without investigating it. Gibson asked if Staples needed the extra parking. Miklo said they did to satisfy the private covenant, but not the City's require- ments. Supple said it seemed that the problem could be solved by changing the shape of the building. Starr asked if there were any reason to defer. Miklo said deferral should only take place if the Commission intended to amend the conditional zoning agreement and the appli- cant consented. Gibson said the plan was not good. He said the application should be deferred until a workable solution could be found. Jakobsen said the use of the tempo- rary drive was obvious m retrospect. Kugler noted a deferral would require an extension of the limitation pedod. The applicants representative indicated he would not consent to a deferral. MOTION; Supple moved to approve REZ96.0010, an application to amend the conditional zoning agreement for WestPort Plaza. Bovbjerg seconded. Jakobsen said this was not the motion she w~shed to vote cn. Bovbjerg said the condi- tional zoning agreemen. t should not be amended Supple said the concept plan was a matter of interpreting the CZA and should not be before the Commission. Starr agreed, especially after cons;denng the parking issue. He sa~d he would not support the applica- tion. The motion was denied by a vote of 0-6, PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 6 MOTION: Jakobsen moved to deny REZ96-0010, an application to amend the WestPort Plaza conditional zoning agreement. Bovbjerg seconded. The motion was carried by a vote of 6-0. CZ9619. Public discussion of an application submitted to Johnson County by the Fobian-Beeler Partnership, on behalf of the Ruth H. Lord Estate, to rezone approximate- ly 32 acres Iocatod on the south side of Amedcan Legion Road, east of its intersection with 400th Street, from A1, Agricultural, to RS, Suburban Residential. Kugler said staff recommended indefinite deferral until a revised concept plan was submitted, as requested by the applicant. Public discussion. There was none. Public discussion closed. MOTION: Bovbjerg moved to defer .CZ9619, an application to rezone approximate- ly 32 acres from A~, Agricultural, to RS, Suburban Residential, indefinitely. Jakobsen seconded, The motion was carried by a vote of 6-0, DEVELOPMENT ITEMS: SUB96-0006. Public discussion of an application submitted by Thomas Wegman for preliminary plat approval of Praine View Estates, Part Four, a 22-1ot, 30.86 acre John- son County residential subdiwsion located east of Praide du Chien Road and north of Interstate 80. (45-day limitation pedod waived to May 2, 1996) Kugler said the applicant had requested an indefinite deferral until more information on the future improvement of Praide du Chien was received. Starr asked if a waiver of the limitation pedod was needed. Kugler said it was. Public discussion, There was none. Public discussion closed. MOTION: Gibson moved to defer SUB96-0006, an application for preliminary plat approval for Prairie View Estates, Part Four, indefinitely. Jakobsen seconded, The motion was carried by a vote of 6-0. SUB96-0009 Public discussion of an application submitted by Lucas S. Van Orden IV for final plat approval of Newport Ridge Subdivision. a 25.30 acre, 9-1or subd~wsion located on the nodh side of Newport Road in Johnson County. (45-day limitation period: May 24. 1996) PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 7 Miklo said the plat was in order. He said the construction plans had been approved, as had the Grading Plan. Miklo said staff recommended approval subject to the approval of legal papers. Public discussion, There was none. Public discussion closed, MOTION: Bovbjerg moved to approve SUB96-0006, an application to approve the final plat for Newport Ridge subdivision, a 25.30 acre, 9-1or subdivision located on the north side of Newport Road in Johnson County. Supple seconded, The motion was carried by a vote of 6-0, 3. S-8801. Public discussion of an application submitted by Hunters Run Development Company for the extension of the preliminary plat of Hunters Run Subdivision, Part 8, a 16-1or subdivision located on the north side of Rohret Road. Miklo said the preliminary plat was about to expire. He said that the subdivision would not be affected by any amendments to the City Code that have been adopted since the plat was first approved. He said staff recommended approval Public discussion. There was none. Public discussion closed. MOTION: Gibson moved to approve S-8801, an application to extend the prelimi- nary plat for Hunters Run Subdivision, Part 8, a 16-1ot residential subdivision located on the north side of Rohret Road to November 3, 1996. Supple seconded, The motion was carried by a vote of 6-0. CONSIDERATION OF THE APRIL 18, 1996 MINUTES: MOTION: Jakobsen moved to approve the m~nutes as amended. Bovbjerg seconded. The motion was carried by a vote of 6-0. PLANNING AND ZONING COMMISSION INFORMATION: Gibson sa~d ~t seemed point!ess to discuss an ~ssue that would only be deferred. Holocek said that legal notice had been given. Starr said the Commission should not try tO prevent public d~scuss~on. Gibson agreed but said he was explonng a way to expedite meetings. Supple noted that Starr had discussed possible new guidehnes for public discussion. Miklo suggested that staff could draw up guidelines and ~nclude them on the next agenda for the Comm~ssion's consideration. Jakobsen said she would be absent on May 13 Starr said he would return to Iowa City that day. Starr noted that the July I and July 4 meetings of the Commission had been cancelled. PLANNING & ZONING COMMISSION MAY 2, 1996 PAGE 8 OTHER BUSINESS: There was none. ADJOURNMENT: MOTION: Gibson moved to adjourn the meeting at 9:20. Bovbjerg seconded. The motion was carried by a vote of 6-0. Lea Supple, Secretary IOWA CITY PLANNING AND ZONING COMMISSION MEETING THURSDAY, MAY 2, 1996 - 7:30 P.M. CMC CENTER COUNCIL CHAMBERS SIGN IN SHEk-'T 11. 12. 13. 14. 15. 16. 1Z 18. 19.