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HomeMy WebLinkAbout1996-10-08 Bd Comm minutesMINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION TUESDAY, SEPTEMBER 10, 1996 - 5:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM PREL!I ' Ii ARY Subject to Approval MEMBERS PRESENT: Betty Kelly, Ruedi Kuenzli, Sue Licht, Doris Malkmus, Mike Pugh, Doug Russell, Ginalie Swaim MEMBERS ABSENT: John Shaw STAFF PRESENT: Scott Kugler, Jeff Hating OTHERS PRESENT: None CALL TO ORDER: Chairperson Russell called the meeting to order at 5:38 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA. There was none. DISCUSSION OF PROPOSED COLLEGE GREEN AND EAST COLLEGE STREET HISTORIC DISTRICTS. Russell noted that the draft National Register nomination forms have been received, but have not yet been thoroughly reviewed. Kugler noted that the Younkin house was counted as contributing, but noted that no mention was made of past residents, as was requested by Pugh at a previous meeting. Kugler said he will have an intern do some research to locate the Press-Citizen article that contained this information. Kelly said it was likely an Irving Weber article. The Commission agreed that the draft is to be the working document for obtaining local designation, The College Green district was not expanded to include the Balch house on East Washington Street. Russell is to telephone Balch to explain the reasoning for this determination. The Commission agreed that, although the Balch house may be worthy of inclusion, there are a number of intervening properties that may not be contributing. The Commission felt the proposed boundaries are the most defensible. Russell said the next step is to hold neighborhood meetings. Russell said Martha Gordon has agreed to hold a block meeting for the East College Street district, and had left a message with Del Holland about holding another meeting on a different date. In regards to the College Green district, Russell said he had left messages with two residents about holding block meetings. Russell said he would like a couple of Commission members to be present at each meeting and said the Commission will need to work out who is to attend these at a later date. DISCUSSION OF GRANT PROJECTS: Lonqfellow Neiqhborhood survey. Kugler said there is no additional news at this point, that it has been set aside to concentrate on the Dubuque Street survey. Kugler said they are only waiting on the evaluation sheets at this point and expect to have these soon. This is an HRDP grant and the deadline for completion is in November. 33 1 Historic Preservation Commission September 10, 19196 Page 2 Dubuaue Street/Linn Street Corridor survey.. Kugler said completed site forms and the survey report have been submitted to the City. Kugler said they hope to have every- thing forwarded to the State by the end of the week. Collecle Green/East Collecle Street National Re(3ister nominations. Kugler said the nominations have been submitted and are only waiting on comments from the State. Review of the determination is likely to be a November agenda item, (Licht arrived at 5:48 p.m.) Orioinal Town Plat Survev, Phase I. Kugler said Hash/Tallgrass is collecting the field information and as of last week they were already about 1/3 done. A City intern is soon to begin assisting Tallgrass with a number of items, one of which is the collection information from the Assessor's Office. Kugler said he will be ask Hash to provide the Commission with monthly reports. DISCUSSION OF HISTORIC LANDMARK DESIGNATIONS. Russell reminded the Commission that Council had approved 36 of 37 sites for landmark designation, and that the Davis Hotel had failed on the first vote because a super-majority, 6 of 7 votes, was not achieved. The final vote is to be held tonight. (Pugh arrived at 5:55 p.m.) Russell said a letter regarding the purchase of plaques is being drafted which will go out to Landmark recipients along with their Certificates, and asked the Commission whether it would like the letter to include information about the pending tax abatement. The Commission felt it may be mentioned, but it should be made clear that this is still only pending and any mention should be kept brief. It was suggested this letter include a depiction of the plaque. It was a consensus of the Commission to draft another letter to FRIENDS asking them if they can put together a group of people from within their network who can set up arima with each plaque purchaser to mount the plaque for them, By having FRIENDS mount the plaques, their location, height, distance from the door, etc., can be kept fairly consistent. Cost of the plaques is estimated between $60 and $60, and the Commission considered charging $25. The funds received can some day be reinvested in a second, likely smaller round of plaques. The Commission reviewed a draft of the press release regarding the landmark designations. A number of suggestions/corrections were made. DISCUSSION OF MONTGOMERY-BUTLER HOUSE BRAINSTORMING COMMITTEE. Kugler said that the City is requesting three members each from this Commission, the River- front and Natural Areas Commission, and the Parks and Recreation Commission, to participate in a brainstorming committee/focus group on the Montgomery-Butler House and the surround- ing area. Kugler said a field trip to the site for committee members is scheduled for Septem- ber 25, 1996, and staff will attempt to schedule the first brainstorming session of this committee for shortly thereafter. Swaim, Kelly and Pugh volunteered to participate on this committee. Pugh said he may not be able to attend the field trip, but he has seen the proper- ty. Historic Preservation Commission September 10, 19196 Page 3 DISCUSSION OF BRICK STREET REPAIR PROGRAM. Kugler said the City has set aside money each year for a brick street repair program. The City Manager has asked the Commission for a recommendation on how to prioritize the repairs, and indicated that the program could be increased a bit. Kuenzli asked if the money could be saved to restore Summit Street as a brick street. Kugler said that would likely require a separate decision by Council to add to the Capital Improvements Program. Russell asked whether all of the concrete patching had been replaced, and if so could the money be used for other historic preservation items? Kug[er is to report back at the October meeting. DISCUSSION OF HISTORIC PROPERTIES TAX EXEMPTION PROGRAM. Russell said the Commission was given Council approval to lobby the County Board of Supervisors for passage of the historic property tax exemption program. The Commission asked staff for clarification as to whether non-contributing structures within a historic district would be eligible for the tax exemption. Kugler said he believes that they are not eligible. Malkmus noted that if this is the case then they would be eligible for regulation, but not for funding. DISCUSSION OF SUMMIT STREET HITCHING POST. Kugler said it appears it would be fairly inexpensive to repair the hitching post. Some combi- nation of epoxy, or, epoxy and pin may do the job. However, Public Works would like to move the location of the post further back from the curb. Ideally, they would like to place it beyond the sidewalk, but are willing to place it about half-way between the curb and side- walk. The Commission felt this would negate its significance as a hitching post and asked that it remain in its original location. Licht said it would trouble her to see the post moved. Licht suggested that it be marked, perhaps by a flag, so that the plows do not knock it over. The Commission agreed that it would like the post to remain in its original location, and asked staff to get Public Works' response. DISCUSSION OF PARK HOUSE HOTEL. Kugler updated the Commission on the status of the building. Kugler noted that a hearing on an appeal filed by the property owner was scheduled for October 1. Shaw prewously told Kugler he would attend. The Commission asked to be kept updated on Board of Appeals proceedings. DISCUSSION OF REVISIONS TO THE CITY'S PORCH STAIR/RAIL DIAGRAM. Kugler said Shaw had displayed a copy of the revised, revised diagram to the Commission at the planning session on Saturday, September 7. Shaw had also turned in a copy of the revised diagram to the Department of Housing and Inspection Services. Licht said Shaw would like the Commission to write Eleanor Steele a letter thanking her for bringing the matter to the attention of the Commission. CONSIDERATION OF MINUTES FROM THE JULY 9, 1996, MEETING: MOTION: Licht moved to approve the minutes from the July 9, 1996, meeting of the Historic Preservation Commission, as corrected at tonight's meeting. Kelly seconded the motion. Historic Preservation Commission September 10, 19196 Page 4 Under the Commission Information section, under the paragraph that begins with the name Russell, Russell asked that, ",..to the Johnson County Board of Supervisor's" be added to the end of the sentence. Page 2, regarding the motion for the Certificate of Appropriateness, Malkmus said she does not come away with a clear understanding of why two people were opposed to the vote, and asked that staff clarify the discussion following the motion. Pugh suggested that something like, ", but obiected to the fact that the Commission was reconsiderinq somerhino that was alreadv approved", be added to the end of the first paragraph following the motion. Page 6, Russell asked that ", Phase I" follow every time "Original Town Plat Survey" is mentioned. The motion carried on a vote of 7-0. COMMISSION INFORMATION/DISCUSSION: Corresl~ondence from United States Deoartment of Interior. Malkmus said she feels the video would be educational and asked staff to consider purchase of it. Excerot from Council activities, Auoust 6, 1996. Russell had asked staff to include Council Member Vanderhoef's comments concerning an inquiry into staff time spent on Design Review Committee and Historic Preservation Commission matters. Vanderhoef expressed the sentiment that too much staff time may be spent on these matters. Photos of temporarv handicapped accessible ramp bein~ used bv the Cit¥'s Housin~ Rehabilitation Division. Kugler said the Housing Rehabilitation Division is considering constructing a second, temporary ramp, made of wood. Kugler said he had made the suggestion that vertical spindles may improve the appearance. Kugler said the Housing Rehabilitation Division had asked whether the Commission would object to use of a similar temporary ramp on a historic structure. Licht said, although it is not real attractive, it serves a useful purpose that is only temporary, albeit, sometimes long term temporary. Licht only asked that care be taken to restall them in such a way that thev are not overly prominent. Several other Commission members voiced similar sentiments. Russell said the Commission position should be that the Commission cannot comment based on the pictures submitted, and although the Commission is concerned about the use and appearance of ramps on historic structures, they will have to be taken on a case-by-case basis. Russell suggested that this be a future agenda item. The Commission thanked Housing Rehabilitation for passing this by the Commission. 4. Heritaqe Trees "Trees with a Past" contest. 5. "Write Riqht: A Mistake at Every Milestone," Cedar Raoids Gazette, date unknown. Jan Nash and Kerry McGrath had contacted Kugler noting that Bernie Callan would be in town October 14 and 15. Nash would like to know whether the Commission would like to attempt to co-sponsor a speaking appearance by Callan. The Commission felt most organizations have their guest speakers lined up well in advance and that ~t was Historic Preservation Commission September 10, 19196 Page 5 too late to begin organizing another, but wished to thank Nash and the State Historical Society for their consideration. New federal reQulations concerninQ satellite dishes. Local municipalities were previous- ly able to restrict satellite dishes to the back yard. New federal regulations now allow these to be placed in the front yard, if less than one meter in diameter. Kugler said it is possible to appeal for an exemption from the FCC, and asked whether the Commission would like to consider an appeal pertaining to historic landmarks or districts. Licht mentioned that satellite dishes are an up and coming item and won- dered whether it would really be within the.power of the Commission to place a restriction on them. Licht mentioned the dishes are generally temporary, most often placed in the yard, and usually do not have any lasting impact on the structure if it were mounted on a structure. The Commission asked Kugler to find out what was involved in filing an appeal. Shambauqh house. Swaim expressed a desire to send a letter to the University of Iowa regarding the recent improvements to the Shambaugh House. The Commission authorized her to do so. Masonic Teml~le tour. a [oossible historic I~reservation awards ceremonv site. Licht said she had the pleasure of touring the Masonic Temple today, which is located on College Street directly north of the Old Library. Licht said it is a dynamic place, especially the main ballroom, and that it was all recently remodeled. Licht wondered whether the Commission would want to consider holding the Historic Preservation Awards Ceremo- ny there at some time in the near future. Kugler reminded the Commission that Trinity Church also seemed interested. ADJOURNMENT: The meeting was adjourned at 7:01 p.m. Housing and Community Development September 12, 1996 Page 1 PRELIMINARY Subject to Approve.! HOUSING AND COMMUNITY DEVELOPMENT COMMISSION THURSDAY, SEPTEMBER 12, 1996 - 6:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: Ann Donovan, Chadie Eastham, Cindy Larson, David Purdy, Kathleen Renquist, Gretchen Schmuch, Bill Stewart MEMBERS ABSENT: Tim Ruxton STAFFPRESENT: Bob Hagarty, Maudce Head, Steve Long, Jodi-Beth McCain, Steve Nasby, James Ervin OTHERS PRESENT: Linda Murray RECOMMENDATIONS TO THE CITY COUNCIL 1. To approve the revisions to the FY97 CDBG~,HOME budget as proposed. 2. To approve the HOME Annual Performance Report, the CDBG Grantee Performance Report, the Supplemental CDBG Grantee Performance Report, and the Consolidated Plan Annual Performance Report CALL TO ORDER: The meeting was called to order at 6:30 P.M. INTRODUCTION OF NEW HCDC MEMBERS: Former Chairperson Murray opened the meeting and asked the new members of tlqe Commission to introduce themselves. NOMINATIONS AND ELECTION OF THE CHAIR AND VICE-CHAIR: M~: Eastham moved and Purdy seconded the nomination of Schmuch as Chair. The motion carfled unanimously (8.0}. MOTIO_~N: Eastham moved and Purdy seconded the nomination of Donovan as Vice-Chair. The motion carried unanimously (7-0) PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA: The Commission thanked Murray for her work on the Commission. She was presented with a Certificate of Appreciation. Housing and Community Development September 12, 1996 Page 2 APPROVAL OF THE MINUTES FROM JULY 11. 1996: MOTION: Eastham moved and Purdy seconded the motion to approve the minutes from July 11, 1996, The motion carTied unanimously (7-0). Discussion on the process for takinQ HCDC Minutes: Long said that the Commission, at its last meeting had discussed verbatim minutes. Long stated that he had checked with the City's Document Services Division and the cost of verbatim minutes was prohibitive. He suggested tape recording meetings as an aitemative measure to insure accuracy. Eastham said that a source, similar to Robert's Rules of Order, he had consulted recommended recording the exact wording of motions and omitting discussion. He said this process would reduce confusion over the context of the discussions. Eastham also suggested that members should have the freedom to revise language referring to their individual opinions. Long noted that the he had consulted with the City Clerk's Office and they said that the City Council prefers to have Commissions provide a synopsis of discussion. Schmuch asked what procedure other Commissions followed. Erwin said that the format was very similar. Eastham said the business of the Commission should be the central point of minutes. He said that all business should be decided by a majodty vote of the members, including the opinions of the minority. He expressed his preference that minutes should reflect only the business of meetings and that discuszion, if required by the Council, could be recorded separately. Purdy said the minutes should contain more than just motions and votes. Stewart said that individual opinions should be omitted, but discussion retained. MOT._._~J~.~: Stewart moved and Donoven seconded a motion to have minutes recorded as a summary of meetings, and not on a verbatim basis. The motion was carried by a vote of 6-1, with Eastham votin(3 in the neQative. PUBLIC/ASSISTED HOUSING UPDATE: Hagarty said that 108 applications for the Tenant to Owner Program (TOP) had been received. He said that 42 of the applicants were disqualified on an income basis. Hagarty said the other applicants has incomes ranging from $20,485 to $42,000, and that twenty applications were being reviewed for the first homes to be sold. He said financing was being arranged. Hagarty said that the Comprehensive Improvement Assistance Program (CLAP) application sent to HUD, to upgrade public housing units, had received $182,000 in funding out of $219,000 requested. Hagarty noted that he had attended the HUD Regional Summit on Homeownership in Kansas City. He said the emphasis had been on educating tenants to be responsible homeowners. Long noted that Community Development staff was wdting a maintenance guidebook for homeowners. Housing and Community Development September 12, 1996 Page 3 DISCUSS AND RECOM_MEND AMENDMENTS TO THE FY97 CDBG/HOME BUDGET: Nasby referred the Commission to a memorandum, which presented the staff recommendations for allocating $306,216. He noted that there were additional funds available due to a larger than expected allocation of CDBG and HOME dollars. The City had expected a 10% cut in these programs; however, there was a only a 2% decrease in CDBG funding, and HOME funding increased by 40%. In addition, Nasby said that there were approximately $29,000 in FY96 carryover funds included in that $306,216 figure. He then detailed the proposed use of the funds as shown in the memo. Schmuch asked whether the Youth Homes project on Jefferson Street was in the budget. Nasby said that it was his understanding that the application had been withdrawn by Youth Homes. In relation to the funding for the Contingency budget, Donovan asked which programs had overruns. Long said that DVIP was $6,000 over budget, and that LIFE Skills had also run a slight deficit. Stewart asked for a brief description of what the Single Room Occuparlcy project was. Long said it was a transitional housing project, which had been highly successful. Schmuch asked if the project was receiving adequate funding. Long said that the staff had looked at several properties and the prices ranged from $175,000 to $275,000. Long said the existing funds may be adequate for acquisition, but that rehabilitation would require additional funds. M T_.Q_T. LO_~: Donovan moved and Stewart seconded the motion for the Commission to adopt the staff recommendations for revisions to the FY97 CDBGIHOME budget. The motion carried u_n_ani .mously {7-0). Head asked the Commission for direction on what the terms of the additional funds should be (grant or loan). He noted the decision had been left to staff in the past. At the present time two of the projects had loans and one of these was split between loan and grant. Regarding the Neighborhood Center project, Stewart asked what the terms were. Long said the loan had been 1%. Purdy asked what the final payment would total. Long said it would be $109,800. Donoran asked in what proportion funds were distributed. Nasby said that there was currently a $1OO,000 loan and $65,000 in grant. Schmuch asked if a motion was necessary Nasby said a consensus was sufficient. Eastham said it was appropriate that the additional funds be a grant. PUBLIC HEARING AND RECOMMENDATION ON FY96 PERFORMANCE REPORTS: HOME Annual Performance Report: Nasby said the report was still in last year's format because HUD had not yet gone to the new reporting process. He said the first section reviewed HOME activities for the past year. Nasby noted the HOME Match Report was included at the end, including excess match funds from last year. He said about $45,000 would be carded into FY97. Housing and Community Development September 12, 1996 Page 4 Eastham asked if HUD had waived some requirements on the manufactured housing project. Nasby said "yes" and the problem had been that the trailer parks could not offer 5 year leases, and therefore did not meet HUD's requirements. Purdy asked if responsibility for recruiting minority business was the City's. Nasby said "yes' and the City has a recruitment plan in place and attempts to recruit minority business. CDBG Grantee Performance Report: Long said a large number of citizens had received assistance this year. He said the Ralston Creek improvements project, that was undertaken a number of years ago, had been completed. He referred the Commission to the Financial Summary on page 23. He noted that administrative funds were at 11%, below the limit of 20% allowed by HUD. Long noted the program had recently had its first loan default (which was a flood project). Head said the report was very helpful in seeing how many persons benefit from CDBG programs. Supplemental CDBG Grantee Performance Report ('Flood #2): Nasby said the flood account would be closed after this report. He said $75,000 had been spent, but approximately $400,000 was left in this account. He said a formal request to retain the funds had been made to HUD. Nasby added that the request had also asked what types of projects would be considered appropriate. Consolidated Plan Annual Performance Report: Nasby said the report was all-inclusive, including not only federal funds but also had been locally and state funded. He noted the performance report was weighted towards housing due to the HUD regulations. HUD is moving towards a new reporting process, on the Consolidated Plan, that will include housing, jobs, and services. MOTION: Donovan moved and Eastham seconded the motion to approve the HOME Annual Performance Report, the CDBG Grantee Performance Report, the Supplemental CDBG Grantee Performance Report, and the Consolidated Plan Annual Performance Report. The motion carded unanimously MONITORING ASSIGNMENTS FOR FY97 CDBG/HOME PROJECTS: Schmuch explained that the monitoring assignments covered a list of projects the Commission funded. She said that each Commissioner chose one or two to report on, and a timetable was arranged to allow a report at each meeting. Long noted that staff also monitored the funded organizations. Stewart volunteered to monitor Single Room Occupancy and Downpayment Assistance. Renquist volunteered to monitor the Domestic Violence Intervention Program and East-Central Iowa Employment. Larson volunteered to monitor ISED and Tenant Based Rent Assistance. Schmuch assigned Housing Rehabilitation and the Eldedy Services Agency to Tim Ruxton. Donovan volunteered to monitor the Conner Center. Schmuch volunteered to monitor LIFE Skills. Housing and Community Development September 12, 1996 Page 5 OLD BUSINESS: Subcommittee ReDoR on Rankin{3/Ratin¢~ Cdteda: Purdy said the Subcommittee had held one meeting. Eastham said the strengths of formal and informal rankings had been discussed, but no firm decision had been reached. Schmuch said the Subcommittee hoped to have something to the Commission soon. Conflict of Interest Policy: Schmuch said she had received a letter from the City Attorney's Office which was to ser~e as a guideline for conflict of interest. She noted there had been problems in the past. Commission Attendance Records: Nasby noted that the Council (last year) had asked all of the Boards and Commissions to keep attendance records. He directed attention to the memo on HCDC attendance for last year that had been sent to the City Clerk's Office. NEW BUSINESS: Long distributed the new phone list. Stewart asked if meetings were always held on the second Thursday of the month. After some discussion, the Commission agreed to change the meeting date to the third Thursday of the month. Long reminded the Commission that the next meeting would be held at Heartland Candleworks. Donoven asked what the deadline to fill the vacancy on the Commission was. Nasby said it would be filled by the first week in October. ADJOURNMENT: MOTION: Purdy moved and Stewart seconded the motion to adjourn the meeting at 8:15 P,M. The motion carried unanimously City of Iowa City MEMORANDUM DATE: TO: FROM: RE: October 3, 1996 City Manager and City Council Maurice Head, Community Development Coordinator/¢//~/' Steven Nasby, Associate Planner~,~.~/¢. Recommendations on FY97 CDBG\HOME Budget Revisions FY97 CDBG and HOME funds were originally allocated in April, 1996 based upon an estimated federal allocation. When we received notification of our actual federal allocation for FY97, Iowa City received more funds than originally estimated. Due to the larger than anticipated FY97 CDBG and HOME allocations of $276,400, and program carryover of $29,816 from FY96, we have $306,216 in additional dollars. This will allow us to fully fund FY97 projects that received a cut in funding during the allocation process in April. In addition, contingency was funded at a full 10 percent to cover any future project overruns and emergencies. The Housing and Community Development Commission (HCDC) has discussed this issue. Since FY97 is already underway, the Commission and staff felt that it would be prudent to fully fund or provide additional funding to existing projects that the Council has already approved. Since these projects have already been approved by the City Council in the FY97 Annual Action Plan (that is part of the City's Consolidated Plan ~.k.a. CITY STEPS), no additional public input is required. These budget revisions will not change the scope, purpose or beneficiaries for any of these projects. At their September 12, 1996, meeting HCDC recommended that these budget revisions be approved. This additional funding will increase the FY97 CDBG\HOME budget to $1,936,816 from $1,630,600. The following is a brief presentation on the budget revisions and rationale for the additional allocations given to each project. Community Development Block Grant (CDBG) Neighborhood Centers of Johnson County ($165,324 to $185,000) E. Central Iowa Employment & Training Consortium ($9,827 to $20,987) Housing Rehabilitation Program ($407,000 to $457,000) Greater I.C. Housing Fellowship Acquisition\Rehab ($171,490 to $196,490) Single Room Occupancy (SRO) Project ($75,000 to $100,000) Critical Issues and Planning ($22,672 to $50,000) Contingency at 10% ($75,000 to $192,542) SUB-TOTAL $ 19,676 $ 11,160 $ 50,000 $ 25,000 $ 25,000 $ 27,328 $117,542 $275,706 HOME Investment Partnerships Program (HOME) Tenant Based R6nt Assistance ($75,000 to $85,510) Administration ($36,000 to $56,000) SUB-TOTAL $ 10,510 $ 20,000 $ 30,510 TOTAL $306,216 33'1,.3 City Manager and City Council October 3, 1996 Page 2 Justifications Neigllborhood Centers of Johnson County (NCJC) NCJC had requested $185,000 in CDBG funding to complete the construction of the new Pheasant Ridge facility and were allocated $165,324 by HCDC. The additional $19,676 brings them up to the full funding amount and allows them to complete the project without drawing additional funds from their letter of credit through a private lender. East Central Iowa Employment & Training Consortium (ECIETC) EClETC works with persons enrolled in the State's Promise Jobs\Quality Jobs programs. There is a waiting list of over 100 persons for this program in Johnson County. As such, ECIETC had requested CDBG funds from the City's CDBG program to serve additional persons. Due to the public service cap on CDBG spending, ECIETC did not get as much funding as they requested. The additional $11,160 we are recommending for this project will not fully fund this project, however, it is the maximum amount we can spend for public services. Housing Rehabilitation Program The City's Housing Rehabilitation Program had been originally allocated full funding in the amount of $457,000 by HCDC. However, HCDC had to reduce this amount by $50,000 in order to find funds for the Tenant Based Rent Assistance program. We are recommending that the Housing Rehabilitation Program get $50,000 in CDBG funds returned. Greater Iowa City Housing Fellowship (GICHF) Acquisition\Rehab ProJect GICHF had been allocated $196,490 for this project. However, HCDC had to reduce this amount by $25,000 to find funds for the Tenant Based Rent Assistance program. We are recommending that $25,000 in CDBG funds be returned to this project. Single Room Occupancy (SRO) Project Staff had requested that $100,000 in new funds be available for this project. Since no specific project site(s) were identified, HCDC allocated $75,000 in new funding to this project (bringing the total available to $175,000, including FY96 funds). Staff has identified several properties that may be possible sites and are requesting that an additional $25,000 in CDBG funds be allocated to this project. Critical Issues and Planning HCDC allocated $22,672 for this activity. Staff is recommending that this amount be increased by $27,328 in CDBG funds to $50,000 so that high quality, useable, studies may be undedaken. An area of research that staff has identified is for a community-wide housing market analysis. This information could be used by the Commission, staff, local nonprofits and others developing affordable housing projects or policies. Contingency Staff is recommending that the Contingency budget be increased by $117,542 in CDBG funds. This will represent approximately 10 percent of the total FY97 budget. Contingency is used to cover cost overruns and unforeseen expenses that may arise during the program year. In the past we have had several public facilities and rehab projects go over budget. City Manager and City Council October 3, 1996 Page 3 Tenant Based ReNt Assistance (TBRA) The Iowa City Housing Authority (ICHA) requested $150,000 in TBRA and was allocated $75,000. Bob Hagarty, Housing Administrator, has requested additional funding for this project. Staff is recommending an additional $10,510 in HOME funding for this project. This is the maximum amount available under the HOME program budget for FY97. HOME Administration Staff is requesting that the HOME administrative account remain at the budgeted level of 10 percent of the allocation, as allowed by the HOME program. This would increase the administrative account by $20,000. Administrative funds are used to cover program and project costs (compliance, monitoring, reporting, technical assistance, and project development). If you have any questions on the budget revisions or these projects please call Steve Nasby at 356-5248 or Maurice Head at 356-5244. MINUTES PARKS AND RECREATION COM~4ISSION SEPTEMBER 18, 1996 MEMBERS PRESENT: Judith Klink, Deb Liddell, Bruce Maurer, Matt Pacha, Rex Pruess, Allen Stroh, Ross Wilburn MEMBERS ABSENT: Jana Egeland, Ken Fearing STAFF PRESENT: GUESTS: Terry Trueblood, Mike Moran, Jim Wonick Houser and Genevieve Dudley, Adrian Korpel, Dick Dolezal, Rick Duppong, George Gay, Rick Hollis, James Huntington, O.J. Gode, Robin Walenta, Tracy Stuhr, Marge Wright, Randy Miller, Tami Campion, Bob Vevera, John Balmer, Brian Sharp, Jane Bolgatz, Susan Birrell, and two individuals who did not sign in FORMAL ACTION TAKEN Moved by Pacha, seconded by Stroh, to approve the August 14, 1996 minutes as written. Unanimous. Moved by Pacha, seconded by Maurer. to direct staff to proceed with the engineering study to expand the cemetery into the area of Hickory Hill Park as discussed. with a final recommendation being made after it i~ completed. AYES: Maurer, Pacha. NAYS: Klink, Liddelhi. Pruess. Stroh, Wilburn. ABSENT: Egeland, Fearing. The motion was defeated. Moved by Klink. seconded by Stroh. to recommend to the City CDuncil tPLat the cemetery not be expanded into the area of the park as proDosed. AYES: Klink, Liddell, Pruess, Stroh, Wilburn. NAYS: Maurer, P~cha. ABSENT: Egeland, Fearing. The motion carried. CEMETERY EXPANSION Trueblood gave a brief background on previous action taken by past City Councils with respect to the purchase of land adjacent to Oakland Cemetery. He stated the present issue is whether Oakland Cemetery ought to be expanded into Hickory Hill Park. Trueblood pointed out on a map the proposed 3-5 acre area in Hickory Hill Park in order to give an idea of the size of the expansion in comparison to the size of the park. He stated the City Council is looking for a recommendation from the Parks and Recreation Commission as to whether or not the commission is in favor of expanding Oakland Cemetery into a small portion of Hickory Hill Park. Liddell stated the commission was interested in hearing the public's ideas and views with respect to this issue, and the public hearing was opened. Adrian Korpel asked how long the proposed expansion would suffice. Trueblood noted three acres of usable space would extend the life of the cemetery in terms of lot sales approximately 40 years. Korpel felt the City could purchase 3-5 acres of normal grassland for cemetery purposes. He stated if parkland was used to expand the cemetery it would be very hard to replace, noting parkland of this nature is a very scarce commodity. Marge Wright questioned why the area north of Oakland Cemetery (next to St. Joseph's Cemetery) which had been originally discussed was not usable, noting the area was flatter with very few trees. Trueblood noted when this area was looked at it had more of a slope than thought and was adjacent to a park shelter where the two uses would not be conducive. He also noted the steep ravine would require a tremendous amount of fill in order to hook into the present cemetery, otherwise it would be like a separate cemetery, requiring additional travel time, etc. John Balmer stated he was on the City Council in 1980 when the ordinance was passed to dedicate the north section (40 acres/Woods parcel) of Hickory Hill Park as parkland. He urged the commission's favorable consideration to expanding the cemetery into Hickory Hill Park. He stated in 1980 the City Council felt a strong commitment to citizens of the community to continue to maintain what had been agreed upon by previous City Councils. He stated the proposal to expand the cemetery into this area was a very prudent and fiscally responsible move. He noted questions have arisen legally about the possibility of utilizing this area for continued park use at the expense of the cemetery. He felt utilizing this area for cemetery expansion would be a win-win situation for both parties, and so urged the commission's consideration. Rick Hollis noted the proposed area is on the edge of one of the biggest woodland plots of the park, pointing out how important woodland plots are in terms of habitat and species. He stated to begin nibbling at the woodlands would eventually mean their loss. He stated the woodlands are what makes Hickory Hill Park so different from other parks. He noted other cities do not have this kind of place where people can go to look at nature without worrying about their safety and a place that is easily accessible. He pointed out an area north which had previously been under the control of the Public Works Department which is a large flat open field and another field further north which would be better land to use for cemetery purposes. He felt strongly against using woodlands for this purpose. Bob Vevera stated he also served on the City Council in 1980 when the ordinance was passed. He stated the area in question is presently being used as parkland but it is owned and paid for by cemetery funds. In 1980 the City Council agreed the 39 acres could be used as parkland until it was needed for cemetery use. He indicated back in 1919 when this area was purchased it may have been by condemnation and thought that state law may prohibit this area being used for other purposes besides cemetery use. He stated people want to be buried close to their ancestors and they should be able to. He noted if the northern areas referred to by others were used for cemetery expansion it would necessitate additional manpower and equipment, which would not be cost efficient. He stated if the cemetery is expanded into the proposed area it would not destroy a bunch of big trees, noting they are part of what makes Oakland Cemetery what it is. Bud Gode stated he uses Hickory Hill Park as a naturalist, a botanist and for birding. He stated classes from the University of Iowa utilize Hickory Hill Park to study Iowa flora, and that some of the trees in the park are not found anywhere else in Iowa. He felt the trees in the proposed area are too close together and in order for the area to be used for cemetery purposes would mean a complete grubbing. He encouraged the City Council and the Parks and Recreation Commission to consider the fact that Hickory Hill Park is something unique and a cemetery can be put anywhere. Jane Bolgatz stated she was one of many people who use Hickory Hill Park for walking their dog, running, and seeing other people. She hoped an environmental impact study would be completed before anything is done. She referred to a letter from Kathleen Janz noting it may have been appropriate to set aside land in Iowa City for the expansion of the cemetery decades ago, but demographics were different. She did not feel that anybody in 1919 could foresee the number of people in Iowa City, and that the time in which the document was created should be taken into consideration. She indicated people may need to do something different, such as mausoleum-style cemeteries. She felt strongly against cutting into Hickory Hill Park. Tracy Stuhr stated she has been an Iowa City resident for 20 years and uses Hickory Hill Park twice a day on a regular basis. She supported the people who were advocating that the cemetery not be expanded into this section of land. She indicated visitors have told her they wished they had something like Hickory Hill Park. She stated if the city starts nibbling away at the park it could eventually mean cutting back on the trails. She asked that Hickory Hill Park be left as it is. Richard Dolezal stated he originally brought this issue up and was not doing it for himself because he owns lots in Oakland Cemetery. He indicated he was fighting the battle for his children and grandchildren in that they are entitled to a place to be buried with their ancestors same as others are entitled to parks. He stated the proposed expansion would not disrupt any path in Hickory Hill Park, with the proposed area being at least 100 feet away from an existing path. He stated the land was purchased in 1919 to be retained as cemetery land, noting if it had not been purchased it would probably have been under the developers' machinery and the timber would not exist. He stated this land was never dedicated to the parks. The ordinance passed in 1980 allowed the City to use the land as parkland, but it was promised to the citizens for cemetery use. Tami Campion stated it appeared to her the cemetery has given to the park and maybe it is time for the park to give back, noting five acres 3 is a very small portion. With respect to the area north, she stated if you visit the cemetery during Memorial Day you will find a very elderly population and they cannot be trekking from one section to another. She noted most cemeteries throughout the United States are not annexed off from each other. Families are buried in family plots and this is what people expect and want to continue to have. Randy Miller referred to the comments that the cemetery could not be expanded into the proposed area without destroying a lot of trees. He felt these assumptions were based on a traditional fashion expansion and felt it should be looked at in a non-traditional fashion thcreby incorporating the trees, with the two different interests working hand- in-hand. He noted the many upgrades in the cemetery and the work completed in past years to have it resemble an arboretum. He stated this focus can still be there in the expansion~ if not in this section, then somewhere else. He stated he would not want to be buried in five acres of flat grassland. An individual who did not sign in indicated he moved to Iowa City 15 years ago and lives close to Hickory Hill Park. He stated he knew of no city that has such a beautiful park so close to the city. He referred to the comments that the area is cemetery land and they want it back. He stated it is not cemetery land anymore, that it is a park. He noted the problem of not having enough room for everything is faced everywhere and it seems the loser is always wild places, places that have nobody to speak for them. He stated he was present to speak for this park and to implore the commission to leave the park as it is. Another individual who did not sign the attendance sheet indicated she felt cremations would be the trend in the future, and felt this was a generational and environmental issue. She stated Hickory Hill Park to her is a place for wildlife. She stated she was thinking about her children, not whether they will be cremated or buried but their future in terms of the environment, air, and animals. She stated times are changing and she is not going to be buried with her parents because there is no more land. Adrian Korpel stated he had sympathy for the people who want to be sure they will be buried where their parents are buried, but on the other hand also felt it could be argued that the living should take precedence over the dead. He stated things have changed and we are far more aware of the virtue of the treasure in these wild areas. He noted that initially he was against the proposed expansion, but realized the feelings of other people. He stated if the cemetery is expanded a price will be paid in the loss of environmental quality. He stated he hoped before anything is done that an environmental impact study is completed so it is known exactly what the price will be. Randy Miller stated it is obvious there are two issues, both of which have a lot of weight. The question is the need for cemetery expansion and where it is going to go. He stated if it is all dollars and cents it is easy to determine what would be the most cost effective. On the 4 other hand he questioned the need for an environmental study, noting everyone knows that the expansion will change the park. He stated if everybody works hand-in-hand they may be able to soften the affect. Miller suggested that maybe it should be determined by people who have the expertise the best site for expansion, which would be best suited for everybody involved. Susan Birrell stated she was opposed to expansion of the cemetery into the park. Homer Dudley stated he was greatly in favor of expansion as being discussed, with it being his understanding that no one is taking anything from anybody. He stated people just want to use the land for the purpose intended. Adrian Korpel stated he would like to look at the issue as to what is best for the city. He stated any decision made in 1919 and 1980 has to be considered in light of what was best for the city then and what is best for the city now, not what the cemetery owes the city or vice versa. He noted there are not two different entities but only one, the city. Jane Bolgatz suggested looking to other cities who have experienced the same problem to see what they have done creatively to address the issue. The public hearing was closed, and Liddell asked commission members for their input. Wilburn stated he was trying to look at what is best for the city long term. He stated his number one concern was being able to continue to provide affordable cemetery lots for citizens. He stated it was difficult for him to make a decision in not knowing what the City Council's position is on making cemetery lots affordable. Stroh stated he did not feel comfortable in that the commission has been asked to address this specific issue of expansion into the park only. He noted the City Council has the final say. He stated this issue would come back to the commission regardless of what the City Council decides. He felt the legal issues raised may be valid to some extent. He stated if it is still a matter of choice the commission should do what is best for the city as a whole. He felt a large amount of dirt will need to be moved, being something that would never be done if there were other choices and it is the fact that the two sites are side by side that the issue presents itself. He felt the area would not work well as cemetery land, and that it is a matter of cost both in terms of money and lost wilderness. He referred to a statement made at one time that if the Parks and Recreation Commission is not going to protect parkland who is, which struck a cord with him. Pacha stated the commission has been looking at this issue in a narrow vein over the last couple of meetings, in that the commission has a responsibility to all citizens. The city should provide affordable burial space and should continue to do so whether here or somewhere 5 else. He stated the city is in the cemetery business and it will be staying in the cemetery business whether it wants to or not. As to locating a cemetery in a different area, he was opposed to it only because of the cost. It would be a duplication of service, with additional manpower and equipment needed. As far as 3-4 acres lasting 40 years, he felt it was a long term solution, and based on past history it could even be 70-80 years. He stated based on the three options listed in staff's memo he would favor the option to investigate the feasibility and cost of expanding the cemetery into the park, and if it is feasible he would be in favor of doing so. He stated he would like to hear staff's opinion/perspective on this issue. Klink indicated her position was that the city should not expand into Hickory Hill Park. It is 3-5 acres of a park that is a long established and integral part of the entire park. It has mature trees, dense undergrowth, and variable topography, and she felt it would be extremely expensive and impractical to convert this area into a cemetery. She felt the area is a very valuable resource and should be preserved as undeveloped parkland for now and for hundreds of years for future generations to enjoy. Maurer stated he basically supported expanding cemetery space because the commission owes it to the citizens that if they choose to be buried in this community they should have the opportunity to do that. He thought there were a number of issues that need to be looked at which have not been totally addressed; i.e. cost of various options, legal issues. He stated after reviewing the options the best option appeared to be expansion of the cemetery into the proposed area, and at this point he was not totally opposed to it. He felt the final decision needs to be what proves to be best for the city as a whole. He stated the commission is responsible for parks and also for the cemetery. The commission needs to look at each of these issues and weigh the pros and cons as to how it can best address the needs in each area. He agreed the space may only provide 40 years, but felt that in 40 years time the need for additional space may be greatly diminished. In terms of options given by staff, he supported investigation of feasibility and cost of expanding into the park, with a final recommendation coming after the investigation is completed. Pruess felt both sides had given very compelling reasons. He stated he wished there was a flat area with a clear demarcation line. He indicated he would like to investigate the northern flat areas a little more to see if they would be possible for cemetery expansion, although from previous discussions he was led to believe they were not feasible. He stated his position was that he did not support expansion into the proposed area. He stated it is a very valuable area and he would like it to be preserved. He felt the commission could move forward with a recommendation without a legal decision and urged action on this issue tonight. Liddell indicated the commission does not do proxy votes, but wanted to share Ken Fearing's view. He was out of the country and had called her 6 before leaving to indicate he was opposed to expanding the cemetery into the park. Liddell felt she had the opportunity to talk to many people and to consider other perspectives. She stated she thought about an engineering study and a feasibility study, but felt they would not tell her what she needed to know and that is what is going to happen to the area if the cemetery is expanded into it. She felt an environmental study might not tell the commission that either. With respect to past decisions, she indicated the context today is that the commission has an opportunity to create a new vision for the community. It may decide to look at the issue in a non-traditional and innovative way. She felt it was a conflict of values in the community, with the cemetery being a tangible history of the city and the people who have lived here, but that Hickory Hill Park has a tangible history of the community. She questioned can the community bury its people and can it honor its dead in a way which honors the living. She stated in order for her to answer that question she would have to say she was against expanding the cemetery into this area. She stated she was not opposed to looking at other alternatives, and would like to look at non-traditional or innovative ways for burials. Trueblood noted the six letters received regarding expansion of the cemetery into the park, five being opposed and one being in favor; and indicated he had received three phone calls, two opposed and one from Irving Weber in favor. He noted Hickory Hill Park is one of his favorite park; however, the department is in charge of parks and cemetery, both of which are equally as important as the other. Staff's recommendation is to proceed with investigating the feasibility of expanding into the general area as discussed to determine the impact and cost. He advised the commission if they chose to vote against expanding into the park, staff would not proceed with the study. Trueblood noted staff outlined three options, but that the commission may have other options they would like to suggest. Wilburn noted if the commission voted not to expand into this area the City Council may still direct that the engineering study be completed. Moved by Pacha, seconded by Maurer, to direct staff to proceed with the engineering study to expand the cemetery into the area of Hickory Hill Park as discussed. with a final recommendation being made after it is completed. Liddell questioned what the study would reflect. Trueblood stated it would set out the amount of earth work, trees that would need to be cleared, erosion control measures, and possible access drive and construction, along with a preliminary cost estimate. Maurer asked if the study could also address the northern areas pointed out by the public, with Trueblood stating if the commission so desired it may be possible to extend the contract to include these areas. Stroh felt it would not be productive to spend money on studies right now, noting if the City Council determines the cemetery should be expanded into this area a study would not be necessary. Trueblood stated if the majority of the commission felt they did not want to expand the cemetery into Hickory Hill Park regardless of the study it should send this 7 recommendation back to the City council; on the other hand if the majority would like to complete a study before making a final determination this message should be sent to the City Council. Maurer stated he could not make a final decision until there was more information, noting if it is possible to expand the cemetery somewhere else and it is cost efficient he would not wish to expand the cemetery into the location discussed. Trueblood stated if staff proceeds with the study, part of what it would attempt to do is gain some estimates on cost to construct another cemetery elsewhere. Klink stated it would be hard to estimate the cost in the sense of preserving the forest. Maurer indicated he understood this, but felt a majority of the trees involved were not highly desirable species. Klink stated this is an ecological system, with all things interacting to create a sustainable ecological entity. Pruess noted from a Riverfront and Natural Areas Commission viewpoint that there is no such thing as junk trees or non-desirable trees. The motion was voted on. Pruess, Stroh. Wilburn. defeated. AYES: Maurer, Pacha. NAYS: ABSENT: Egeland, Fearing. Klink, Liddell, The motion was Moved by Klink, seconded by Stroh, to recommend to the City Council that the cemetery not be expanded into the area of the park as proposed. AYES: Klink. Liddell. Pruess, Stroh, Wilburn. NAYS: Maurer, Pacha. ABSENT: Egeland, Fearing. The motion carried. Wilburn stated he would be interested in following up the commission's recommendation with a work session with the City Council to determine what their thoughts are on this matter. Liddell stated if the City Council determines that the city should stay in the cemetery business, the commission would be interested in discussing with the City Council other alternatives to this particular proposal. NOS MEETINGS Trueblood reported that the Neighborhood Open Space meetings for the most part went fairly well. The summaries are being reviewed and will be sent to the commission in the near future. He noted the task force needs to meet to review the comments received, and consider incorporating same into the proposed objectives and strategies. Liddell expressed appreciation to staff for the work involved in conducting the meetings. MPAC EXPA~NSION Pacha stated the first task force meeting on the proposed expansion of the Mercer Park Aquatic Center will be held next Tuesday, September 24. Liddell indicated she was pleased with.the progress being made, and asked Pacha t¢ let the commission know how it can help to bring this project to fruition. RIVERFRONT & NATURAL AREAS COMMISSION REPORT Pruess reported Larry Wilson commented on the tour of city parks, noting he thought it was a very well run tour and strongly encouraged other RNAC members to go on the tour next year. The commission is reviewing the results of an University of Iowa lighting project that looked at ways to reduce light pollution; ways to use light where it is needed and not where it is not needed. CO~ISSION TIME Stroh expressed appreciation to the Parks Division staff for taking care of the weeds in the Scott Boulevard rip rap. Klink made a general comment about the REAP applications, in tt~at there were so many worthwhile projects of which only 1/4 will be funded. She felt this was an excellent use of state funds and hoped the state could do better by making more funds available to support this program. Maurer expressed members to visit expansion. appreciation to Trueblood for the opportunity given the area in Hickory Hill Park proposed for cemetery Liddell referred to the memo regarding the Montgomery/Butler House Committee, and the need to appoint three members to this short term task force. Klink and Stroh volunteered to serve. Liddell indicated she would ask Fearing or Wilburn to fill the other opening. Trueblood stated a tour of the area is planned for next Wednesday, September 25, at 5:30 p.m. DIRECTOR'S REPORT Trueblood reported on the following: REAP PROGRAM. The applications submitted by Iowa City and Coralville for the Iowa River Dam Trail and Camp Cardinal respectively have been tentatively approved. The DNR Board makes the final decision. CITY PARK BOAT RAMP. Weather permitting, construction of the boat ramp will begin on Monday, September 21. IPRA WORKSHOP. The workshop went well; the number of attendees was low, but good comments were received. PARKS SUPERINTENDENT RETIREMENT. retiring next July. Bob Howell has indicated he will be NAPOLEON PARK. Progress is being made on the girls softball fields. The project will hopefully be completed in time for Iowa City Girls Softbali's next season, with the University of Iowa softball complex available should it not be. SOUTH SITE SOCCER COMPLEX. water lines, which will irrigate the fields. A contract has been entered into to install use effluent from the treatment plant to The meeting adjourned at 7:05 p.m. 9 MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 19, 1996 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY- Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Dick Gibson, Jane Jakobsen, George Starr, Lea Supple MEMBERS ABSENT: Tom Scott STAFF PRESENT: Bob Miklo, Melody Rockwell, Sarah Holecek, John Yapp, Jeff Haring RECOMMENDATIONS TO COUNCIL: Recommend rescinding, by a vote of 4-2, with Gibson and Supple voting no, SUB95- 0012 a previously approved preliminary plat for Saddlebrook Addition, and SUB95-0028, a previously approved final plat of Saddlebrook Addition. Recommend approval, by a vote of 4-2, with Gibson and Supple voting no, of SUB96- 0018., a preliminary plat of Saddlebrook Addition, a 222.62 acre, 10-lot residential subdivi- sion, and a final plat of Saddlebrook Addition, Part 1, a 62 acre, 4-lot subdivision, located south of Highway 6 and Heinz Road, subject to approval of the legal papers by the City Attorney's Office, and approval of the construction plans and the revised plat by the Public Works Department prior to City Council consideration of the two plats. Recommend approval, by a vote of 6-0, of SUB96-0019, a final plat of Hunters Run, Part 8, a 7.58 acre, 17-1ot residential subdivision located on the north side of Rohret Road, east of Goldenrod Drive, subject to the approval of legal papers by the City Attorney's Office prior to City Council consideration of the final plat. Recommend approval, by a vote of 6-0, of SUB96-0021, a final plat of Meadow Ridge, Part 2, a 2.29 acre, 4-lot residential subdivision located on the east side of Dubuque Street, south of Meadow Ridge Lane, subject to approval of legal papers by the City Attorney's Office, and approval of construction plans and the final plat by the Public Works Department prior to City Council consideration of the final plat. o Recommend approval, by a vote of 6-0, of SUB96-0022, a preliminary and final plat of a resubdivision of a portion of Lots 5 and 6, Jacob Ricord's Subdivision, a 1.26 acre, 6-lot residential subdivision, subject to approval of construction drawings, and review and approval of the plats by the Public Works Department, and the legal papers being ap- proved by the City A~tomey's Office prior to City Council consideration of the two plats. The following deficiencies and discrepancies should be resolved: 1) a provision being made within the Subdivider's Agreement that North Dodge Court will be restored to its condition prior to development if it is substantially damaged during construction, 2) the recording of a notice that will notify future lot owners that they could be subject to an assessment for improvement of North Dodge Court in the future, 3) prior to the issuance of a building permit, submission of a plan that shows how trees to be retained are to be protected during construction, and 4) a sidewalk alignment and grading/elevation plan being approved by the Public Works Department prior to City Council consideration of the plats. Planning & Zoning Commission September 19, 1996 Page 2 Recommend approval, by a vote of 6-0, in an ancillary motion to SUB96-0022 that the City Council consider prohibiting parking on North Dodge Court. Recommend approval, by a vote of 6-0, to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending approval of CZ9445, a request to rezone approximately 38.22 acres located on the west side of Prairie du Chien Road, approximately 1/4 mile north of Newport Road. Recommend approval, by a vote of 6-0, to amend Title 14, Chapter 7, entitled "Land Subdivisions," Article A, entitled "General Subdivisions Provisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within 2 miles of the City's boundaries, to state, "Pertaining to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to Ci~ review and approval, except for those areas exempt from such review pursuant to the Johnson County/Iowa City Fringe Area Agreement. (1978 Code, editor's note to Chapter 31)." o Recommend approval, by a vote of 6-0, to amend Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, entitled "Permitted Accesso- ry Uses and Buildings," to allows "Communications towers and satellite receiving devices, provided that: 1) Communications towers and satellite receiving devices larger than one meter in diameter in residential zones, shall not be located in the area between the street and the princip!e building, within the required side yard, or on the roof of any building, and 2) Satellite receiving devices smaller than one meter in diameter in residential zones may be located in any yard or on the roof of any structure. 10. Recommend approval, by a vote of 6-0, to amend Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," subsection 4, entitled "Special Exceptions," to allow communications towers as a special exception and under certain conditions in the P, Public, zone and to add the following definitions associated with cellular facilities, including "communications tower," "communications equipment building" and "communications station" to Section 14-6B, entitled "Zoning Definitions." CALL TO ORDER: Chairperson Starr called the meeting to order at 7:38 p.m., and announced that the order of the agenda would be changed. He said Item C4, involving a resubdivision of Lots 5-6, Jacob Ricord's Subdivision would be taken first due to the number of people in the audience who wished to speak to this item. He said the other development items C1, C2 and C3 would then be consid- ered by the Commission. Then the South District Plan, Item B1, would be presented for public discussion. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: There was none. Planning & Zoning Commission September 19, 1996 Page 3 DEVELOPMENT ITEMS: o SUB96-0022. Public discussion of an application submitted by Prospect Hill, L.C., c/o Bruce Glasgow, for preliminary and final plat approval of a resubdivision of Lots 5-6, Jacob Ricord's Subdivision, a 1.26 acre, 6-1or residential subdivision located south of North Dodge Court and east of Dodge Street. (45-day limitation period: October 14, 1996) Yapp said Bruce Glasgow, on behalf of Prospect Hill, L.C., has requested preliminary and final plat approval of a resubdivision of Lots 5-6, Jacob Ricord's Subdivision, a 1.26 acre, 6-lot residential subdivision located south of North Dodge Court and east of Dodge Street. The proposed plat will result in six lots, which are large enough for duplex development on a right-of-way of 35 to 40 feet with a fairly narrow pavement of 16 feet. Because of the width of the street, this is not an ideal situation. However, Dodge Street Court is a public street and the applicant does have the right to use it for access to this subdMsion. The potential for future development along North Dodge Court, the narrow right-of-way, and the unusual geometry of the Conklin/Dodge/N. Dodge Court intersection necessitate for an additional five feet of right-of-way to be dedicated to the City, a provision in the Subdivider's Agreement that the street will be restored if it is damaged during construction, and a notice to future lot owners in the subdivision that they may be assessed for future street improvements. The applicant is dedicating the five feet of right-of-way along the southern edge of North Dodge Court, and the same will be asked of the property to the north of North Dodge Court if and when it develops. If future development occurs in the area, North Dodge Court may need to be upgraded to a standard 28 foot wide pavement and the intersection with Dodge Street may need to be realigned. The legal papers specify that sidewalks will be constructed within one year of approval of the final plat. Yapp said there are a large number of trees on the property. However, because the wooded area is less than two acres, it is not considered a woodland, according to the Sensitive Areas Ordinance. The Ordinance contains provisions for a grove of trees, which states, "...subdivision plats for any property containing a grove of trees shall illustrate the grove on the plan or plat prior to commencement of any development activity, and will take measures to protect and retain as much of the grove as is practical." In terms of Neighborhood Open Space, the subdivider will be providing a fee in lieu of open space. The fee shall be equal to the fair market value of the .046 acres that other- wise would have been required for dedication, and shall be paid in full by the subdivider prior to the issuance of the first building permit. Yapp said staff recommends that EXC96-0022, a request for preliminary and final plat approval of a resubdivision of a portion of Lots 5 and 6. Jacob Ricord's Subdivision, a 1.26 acre. 6-lot residential subdivision, be approved, subject to approval of construction drawings, and the plats by the Public Works Department. the legal papers being approved by the City Attorney's Office, and the following deficiencies and discrepancies being resolved: 1) a provision being made within the Subdivider's Agreement that North Dodge Court will be restored to its condition prior to development if it is substantially damaged during construction, 2) the recording of a notice that will notify future lot owners that they could be subject to an assessment for future improvements to North Dodge Court, 3) submission of a plan which shows how trees to be retained are to be protected during construction, prior to the issuance of a building permit, and 4) a sidewalk alignment and Planning & Zoning Commission September 19, 1996 Page 4 grading/elevation plan being approved by the Public Works Department prior to City Council consideration of the plats. Bovbjerg asked whether the sidewalk alignment is to be determined by the existing street or the street that may be improved some time in the future. Yapp said Public Works would like to review a grading/elevation and alignment plan so the sidewalk will conform with the alignment of any future street improvements. Starr pointed out that a ravine exists either on or near the site, and asked whether the ravine will be impacted by the development. Yapp said the developer will need to obtain a construction easement if there is to be construction on any property outside of the subject property. Yapp said the ravine is not located within the plat lines and is not expected to be impacted by the development. Public discussion: Clifton Younch 1124 Dodae Street Court, said he and his wife live at the east end of North Dodge Court. Young's wife is handicapped and requires the Bionic Bus to transport her to her work at the University Hospitals every day. Young said the street is so narrow that there is little room for maneuvering, therefore, the bus tums around and backs down the street for pick ups and drop offs. Young is concerned that construction on the street will hamper the bus backing down the street or access to the bus. Young related that Glasgow had some trees removed last fall, and Young was told by a City staffer that Glasgow is permitted to build a house on the site. The Youngs have since learned that the plans call for six duplexes. Young said that all of the neighborhood residents purchased their homes there for the semi-rural environment it provides, within the trees and all, and twelve new residences would add too much traffic and congestion. John Maclndoe, 1124 Dodqe, said he lives on and owns the land immediately south of the proposed subdivision, as well as the aforementioned ravine. Maclndoe said their water pressure has been traditionally low and wondered whether additional residences on the line may further reduce pressure. Yapp said, Ed Moreno, Water Superintendent, has reviewed the plat and has stated that these six lots would not significantly affect area water pressure. Maclndoe said that at the meeting Monday night, there was some confusion surrounding the number and types of buildings on Lot 3. Maclndoe said Lot 3 contains two homes and two garages. Maclndoe also asked who owns the right-of-way of Conkiln Avenue between North Dodge Court and Dodge Street, and whether the ownership would affect traffic flow. Yapp said he was originally informed that it was owned by the owners of Lot 3, but said according to the City Assessor's Office, it is public right-of-way. Maclndoe wished to add that the addition of these lots will effectively double the size of the neigh- borhood, as well as double the traffic. Maclndoe felt this much additional traffic would affect the traffic patterns and negatively impact the entire neighborhood. Willa Dickens, 109 Green Mountain, said he owns some of the property directly to the east of the bend on North Dodge Court. Dickens felt North Dodge Court right-of-way would need to be widened more than proposed, in order to provide the size of road necessary to provide access to his property. Dickens said he intends to develop this land at some point, although, there are no current plans. Dickens said it was his understanding that Planning & Zoning Commission September 19, 1996 Page 5 additional right-of-way will be obtained, but will remain the same at the east end of North Dodge Court, right before the bend. Yapp said this is correct and that should additional property develop in the future, additional right-of-way will likely need to be obtained from the property. Yapp added this property owner has not been approached and likely will not be approached until a development proposal is submitted. Oscar Graham, 1130 Conkiln Lane, reiterated concerns about water pressure as there is currently a lack of pressure. Graham also voiced concern about traffic, the narrowness of the road, handicapped accessibility, and snow removal, and said for these reasons the development would not be feasible at this time. Public discussion closed. MOTION: Bovbjerg moved to recommend approval of SUB96-0022, a preliminary and final plat of a resubdlvision of a portion of Lots 5 and 6, Jacob Ricord's Subcii- vision, a 1.26 acre, 6-lot residential subdivision, subject to approval of construction drawings, and review and approval of the plats by the Public Works Department, the legal papers being approved by the City Attorney's Office prior to the City Council consideration of the two plats, and the following deficiencies and discrepancies being resolved as follows: 1) a provision being made within the Subdivider's Agreement that North Dodge Court will be restored to its condition prior to develop- ment if It is substantially damaged during construction, 2) the recording of a notice that will notify future lot owners that they could be subject to an assessment for Improvement of North Dodge Court In the future, 3) prior to the issuance of a building permit, submission of a plan which shows how trees to be retained are to be protected during construction, and 4) a sidewalk alignment and grad- Ing/elevation plan being approved by the Public Works Department prior to City Council consideration of the plats. Supple seconded the motion. Jakobsen asked whether the new water plant will increase water pressure in the area. Yapp said yes, that Ed Moreno has stated that pressure will increase once the plant is on line. Starr asked the process for improvement to North Dodge Court. Yapp said if the City had the required fifty feet of right-of-way, the area would undergo a traffic analysis to deter- mine whether the traffic was sufficient to warrant improvements. If sufficient traffic is found, the individual lot owners who may benefit from such improvements may be subject to an assessment to cover a portion of the improvements. If the required right-of-way does not exist, a decision would need to be made to go ahead with the improvements with the more narrow right-of-way, negotiate with abutting property owners for the additional right-of-way, or if absolutely necessary, condemn some property to obtain the necessary right-of-way. Starr said he would also like to provide some assurance that access will continue to be available for the residents, and for persons with disabilities and the Bionic Bus in particu- lar. Miklo said that this is a public street and like any other public street, construction should be limited to the private property and cannot block the street. Supple asked whether North Dodge Court is the only access to the Dickens property. Yapp said this is currently the only street access. Planning & Zoning Commission September 19, 1996 Page 6 Bovbjerg said that as there has been discussion in the past regarding placing restrictions on the parking on North Dodge Court, can a condition be added that states parking should be limited to one side of the street. Yapp said City Council can be asked to make this street a no parking zone, or limit parking to one side. Starr said he intends to submit a second motion covering this issue. There was no disagreement from the Commission. The motion carried on a vote of 6-0. MOTION: Bovbjerg moved to recommend that the City Council consider prohibiting parking on North Dodge Court. Supple seconded the motion. Bovbjerg said she feels development of this magnitude should not be considered unless the parking situation is also taken into consideration. The motion carried on a vote of 6-0. SUB96-0018. Public discussion of an application submitted by Lake Calvin properties for preliminary plat approval of Saddlebrook Addition, a 222.62 acre, lO-Iot residential subdivi- sion, and final plat approval of Saddlebrook Addition, Part 1, a 62 acre, 4-lot subdivision, located south of Highway 6 and Heinz Road. (45-day limitation period: October 14, 1996) Miklo asked the Commission to recall that the City had approved a preliminary plat on this property last year, and had just recently approved the final plat. The applicant has chosen not to file the final plat with the Recorder's Office, and has asked that the City rescind the previous approvals and approve a revised preliminan/ and final plat. The difference between the two plats would be the elimination of the median on Heinz Road. Miklo said a question was raised at the informal meeting, Monday night, regarding storm water management facilities for the entire development. The lower basin is designed to mitigate storm waters before they reach the wetlands further to the south and west. Miklo noted the Commission has received a copy of a letter submitted by Ed Brinton, the con- sulting engineer working with the City on construction of a new sanitary sewer to run through the site, which states the timing of the sewer and basin construction needs to be considered. Brinton recommends, and the City Public Works Department agrees, that the southern basin should not be constructed until the sewer line is in place, otherwise the basin would need to be tom up again. Miklo said staff suggests the legal papers refer to Brinton's opinion regarding storm water management until the basin is in place. Brinton states that the upper storm water basins should be sufficient for the initial development of Saddlebrook. Brinton does not feel, and the City Public Works Department agrees, that the wetlands will be negatively impacted by the initial development. Miklo said a number of erosion control measures will be taken to address installation o! the sanitary sewer, as well as any other development on the site. Miklo said the plat was submitted with a few minor technical deficiencies and discrepancies, which Public Works has yet to address, therefore, staff recommends the revised plats be approved, subject to review of the plats and approval of the construction plans by the Public Works Depart- ment, and approval of the legal papers by the City Attorney's Office. Regarding the question of whether the sanitary sewer easement to the east should be located on the plat, Miklo said it is the opinion of Public Works that the easement should appear on the plat, but that the property owner should receive just compensation. Planning & Zoning Commission September 19, 1996 Page 7 Jakobsen noted that Brinton was the engineering consultant involved in writing the Storm Water Management Ordinance. Bovbjerg asked when plans for the sanitary sewer running through the area were first known, Miklo said it was known by the time of the review of the final plat that a sewer line would run through the area, but not the specific path. Miklo said this does not remove land from the development, because the sewer line will be located within the conservation easement. Bovbjerg asked who is to assure that storm water management is to be controlled both on site, as well as off site. Miklo said a Development Regulation Specialist, who has just been hired, will monitor construction and erosion activities. Public discussion: Railoh Stoffer, 535 Southaate Avenue, said he is in agreement with the letter by Brinton. Richard S. Rhodes, 2014 Rochester Avenue, said he had initially brought up the issue of construction timing. Rhodes said the Storm Water Management Ordinance does not pertain to this particular case, which was negotiated several years ago, and was specifi- cally designed to protect the wetland complex on the Snyder Creek Bottoms. Rhodes said that when the development was negotiated, all of the basins were to be in place prior to, or simultaneous to first development. Rhodes said should the southern, lower basin not be in place, there will be nothing to catch siltation runoff, because the grade slopes in this direction. Rhodes said even installation of the upper basins will cause a fair amount of this run off, and asked that this siltation be properly managed. Rhodes said he assumes the City will address runoff needs surrounding installation of the sanitary sewer. Starr asked for clarification on the duties of the Development Regulation Specialist position. Miklo said the position was specifically created by the City Council as part of the development of the Sensitive Areas Ordinance, although they will also be responsible for other inspection issues, including monitoring of the Grading/Erosion Control Plan as this applies to developments. Starr asked, then, whether this person would monitor the site for compliance with the mitigation plan. Miklo said this person would monitor the site and said that once the sewer is in place, the lower basin may essentially function like a con- structed wetland and there are specific requirements concerning appropriate vegetation, the grade, etc. Miklo said the City will ask for bids for construction of the sewer next spring and construction is to begin by summer. Rhodes added that he agrees with the order of the construction. He noted his concern is protection of the wetlands. Public discussion closed. MOTION: Jakobsen moved to recommend rescinding SUB95-0012, a previously approved preliminary plat for Saddlebrook Addition, and SUB95-0028, a previously approved final plat of Saddlebrook Addition. Supple seconded the motion. Gibson wished to comment that he has been watching this development for three years now and if there is anything that characterizes this development, it is a series of promises that have been withdrawn as the project has moved through the process. Gibson said a continual degradation has occurred, such that the proposal is now for only a trailer park, when initially it was to consist of a planned housing development with many amenities. Gibson said because of this, he is inclined to deny the rescinding. Planning & Zoning Commission September 19, 1996 Page 8 Starr agreed with Gibson. Starr also wished to ensure that the wetlands and environmen- tal mitigation plan are adhered to and that all of the effort put forth over the last several years does not go to waste. Supple said she agrees as well, and said that the downgrade of the boulevard is more than she can accept. Supple said the boulevard should remain, because this is an entrance to the City, as well as to many future homes in the area. Supple said she would be willing to consider a compromise of a boulevard for several hundred feet instead of the entire length of the street. Supple said the boulevard is an important aesthetic amenity. Gibson asked, as this has already been approved and accepted by the applicant, what obligation exists for the City to withdraw the boulevard aspect. Miklo said should the Commission choose not to rescind the plat, the applicant can record the original final plat, and then may resubmit a subdivision plan that does not include the boulevard. Miklo said although the boulevard is a nice amenity, it is not required by City ordinances. Miklo believed it would be difficult for the Commission and Council to deny the plat should it meet all of the standard City requirements. Bovbjerg said then the option to include the boulevard appears to rest entirely with the applicant. The motion to rescind carried on a vote of 4-2. with Gibson and Supple votinq no. Bovbjerg asked that the Commission receive definitive approval from the Public Works Department, that the technical deficiencies and discrepancies have been resolved prior to approval by the Commission. MOTION: Bovbjerg moved to defer SUB96-0018 to the October 3, 1996, meeting of the Planning and Zoning Commission. Gibson seconded the motion. Miklo referred to the deficiencies and discrepancies listed on page two of the staff report and said these are all relatively minor issues and can be resolved prior to consideration by Council. Bovbjerg said she was sorry for asking for a deferral. She said she was under the impression that the deficiencies and discrepancies were more significant. There was also some discussion and clarification as to what assurances exist that the lower storm water basin will be installed. Holecek and Miklo reiterated the steps taken to prevent problems concerning the installation, but also explained the legal options should it come to that point. Gibson asked what incentive the developer has to enter into these agreements. Holecek said approval of the subdivision by the City Council. Starr quoted portions of the letter from Brinton, which state, "We assume other on-site erosion and sedimentation best practices will be provided...," as well as "Full time inspec- tion will be provided during the construction to interpret and enforce the contract work," and said that a team effort appears to be under way to ensure that environmental issues will be addressed with the highest regard. Therefore, Starr said he will vote against motion for deferral, The motion to defer failed on a vote of 1-5, with Bovber~l in the affirmative. MOTION: Jakobsen moved to recommend approval of SUB96-0018, a preliminary plat of Saddlebrook Addition, a 222.62 acre, 10-lot residential subdivision, and a final plat of Saddlebrook Addition, Part 1, a 62 acre, 4-lot subdivision, located south of Highway 6 and Heinz Road, subject to approval of the legal papers by the City Planning & Zoning Commission September 19, 1996 Page 9 Attorney's Office, and approval of the construction plans and the revised plats by the Public Works Department, prior to City Council consideration of the two plats. Supple seconded the motion. The motion carried on a vote of 4-2, with Gibson and Su~le votlnq no, SUB96-0019. Public discussion of an application submitted by Hunters Run Development for final plat approval of Hunters Run, Part 8, a 7.58 acre, 17-1ot residential subdivision located on the north side of Rohret Road, east of Goldenrod Drive. (45-day limitation period: September 30, 1996) Miklo said this is a 17-1ot final plat, and as mentioned in the staff report, there is no open space requirement for this development. Considerable open space was dedicated at the time other parts of Hunters Run were approved. The plat as submitted has no technical deficiencies or discrepancies, and the construction plans have been reviewed and ap- proved by the Public Works Department. The legal papers are currently under review by the City Attorney's Office. Miklo said staff recommends approval of SUB96-0019, subject to the approval of legal papers prior to City Council consideration of the final plat. Public discussion: Dale Sanderson, P.O. Box 1607, Iowa CiN, the attorney for Hunters Run Development, said he was available to answer any questions. Public discussion closed. MOTION: Supple moved to recommend approval of SUB96-0019, final plat of Hunters Run, Part 8, a 7.58 acre, 17-1ot residential subdivision located on the north side of Rohret Road, east of Goldenrod Drive, subject to the approval of legal papers by the City Attorney's Office prior to City Council consideration of the final plat. Gibson seconded the motion. The motion carried on a vote of 6-0. SUB96-0021. Public discussion of an application submitted by R.D. Phipps for final plat approval of Meadow Ridge, Part 2, a 2.29 acre, 4-lot residential subdivision located on the east side of Dubuque Street south of Meadow Ridge Lane. (45-day limitation period: October 14, 1996) Miklo said the plat is in order for approval and staff recommends approval, subject to approval of legal papers by City Attorney's Office and approval of construction plans and the final plat by the Public Works Department prior to City Council consideration of the final plat. Jakobsen said she had made note regarding a sidewalk on Lot 20. Miklo said this will be addressed in the legal papers and will specify that the sidewalk be installed prior to issuance of any other building permits. Public discussion: There was none. Public discussion closed. Planning & Zoning Commission September 19, 1996 Page 10 MOTION: Supple moved to recommend approval of SUB96-0021, a request submit* ted by R.D. Phipps for final plat approval of Meadow Ridge, Part 2, a 2.29 acre, 4-lot residential subdivision located on the east side of Dubuque Street south of Meadow Ridge Lane, subject to approval of legal papers by the City Attorney's Office and construction plans and final plat by the Public Works Department, prior to City Council consideration of the final plat. Bovbjerg seconded the motion. The motion carried on a vote of 6-0. COMPREHENSIVE PLAN AMENDMENT ITEM: Public discussion of the South District Plan, an element of the Comprehensive Plan pertaining to the area generally located south of Highway 6 and east of the Iowa River. Miklo reminded the Commission that Iowa City began the process of initiating a new Comprehensive Plan with Beyond 2000, which was adopted by the City Council in 1995, and lays out a number of visions and concepts concerning how the city should plan for the future, in terms of physical, social and economic development of the city. Miklo said this document will be followed with additional chapters of the Comprehensive Plan, including one addressing neighborhood planning concepts, one addressing growth and annexation policies, one addressing economic development, and then there will be ten individual district plans which will address these components at a more localized, or neighborhood level. Miklo said the first of these district plans is the South District Plan. The reason this one is prepared earlier than the rest of the Comprehensive Plan is because staff had started this plan in response to rezoning requests in the South District, and also the construction of the South River Corridor Intemeptor Sewer. It is hoped this plan will be used as a model for the other district plans as they develop. Rockwell reminded the Commission of several development proposals that have been before the Commission in recent years, including the Southgate Development proposal for a single-family residential development, as well as some multi-family development, to be located along Gilbert Street. Rockwell said these projects were put on hold due to a lack of sewer capacity to serve this area of the community. Rockwell said more recently, a proposal was received for multi-family development to be located south of Napoleon Park, and this was put on hold due to a lack of sewer capacity, and, because of some very sensitive features located in the area. At that time, staff recommended deferring this project until a South Area Study could be pedormed. The plan before the Commission, today, is the result of this study. Rockwell reviewed several specifics about the plan and described how the plan developed. Miklo reiterated that the plan is the result of the Beyond 2000 citizen workshops, which were held up through the summer of 1994, and two South Area neighborhood planning workshops held this spring. Miklo pointed out that although some areas may not be annexed into the city for 20 to 30 years, Council has just recently considered the annex- ation of the Langenberg tract and according to other area land owners, other annexations may occur fairly soon. Miklo said although there currently is little development in this area and development will be based on pressures in the private housing market (most of the area is residentially zoned), incorporating the plan into the new Comprehensive Plan will provide leverage as to how these areas will develop. Planning & Zoning Commission September 19, 1996 Page 11 Miklo reviewed the concept of the Neighborhood Commercial, CN-1, zone as an example of the type of commercial development the neighborhood would like to see occur in the area. Miklo also described preferred design aspects of major arterials through the area, such as the boulevard style of arterial, plus the types of development which should be concentrated along these arterials. Miklo discussed preferred design aspects of residen- tial development, such as less land-consumptive subdivisions and designs which empha- size the structure, front porch and door, rather than the garage. These neighborhoods would also emphasize and be built around a neighborhood park, and include such ameni- ties as trail systems. Jakobsen asked what plans they have to integrate various sizes of residential develop- ' ment together. Miklo pointed out the potential zoning of various tracts in the area and noted that the intention would be to concentrate the higher density development close to the main arterials in order to provide more readily available access to public transportation and commercial/business zones, and to reduce the need for a large number of people driving through residential areas, Miklo said they would, however, attempt to reduce the concentration of a large number of multi-family residential units in one area. Bovbjerg said although these plans are very attractive, she wondered what kind of incentives the developer would need to invest the extra money necessary for these design elements. Miklo said that they would propose amendments to the Zoning Chapter and Subdivision Regulations, for example, which would reduce the requirement for a 28-foot wide street to 26 feet wide. Other amendments may place a restriction on the number of units in, or the size of an RM-12 zone; or amendments to the CN-1 zone in order to achieve some of the concepts in the plan. Miklo said these are the types of things the Commission and Council will discuss over the next several months. Gibson said he would like to implement the plan, in this district, as well as all over town, as soon as possible, because he feels garage-dominated structures have been built to the detriment of neighborhoods. MOTION: Bovbjerg moved to defer conslderatlon of the South District Plan untilthe October 3, 1996, meeting of the Planning and Zoning Commission. Gibson second- ed the motion. The motion carried on a vote of 6-0. REZONING ITEM: CZ9445. Public discussion of an application submitted to Johnson County by Jim Anderson, on behalf of Albert and Shirley Westcott, to rezone approximately 38.22 acres located on the west side of Prairie du Chien Road, approximately 1/4 mile north of Newport Road, from A1, Agricultural, to RS3, Suburban Residential. Miklo reminded the Commission that a rezoning request was submitted for this property approximately three years ago. The request was deferred by the Commission at the applicant's request, because it did not comply with the Fringe Area Agreement that was in place at the time. The City and County have recently reached an agreement on a revised Fringe Area Agreement and this rezoning would now comply. The agreement states that RS3 zoning should be considered on a case-by-case basis in this Fringe Area north of Iowa City. Miklo said, although this development is not clustered, development is concentrated on the tops of the ridges close to the road, as opposed to the ravines and wooded areas on Planning & Zoning Commission September 19, 1996 Page 12 the property. Miklo said staff does recommend approval because of the proposed rezon- ing is consistent with the revised Fringe Area Agreement. Public discussion: There was none. Public discussion closed. MOTION: Glbson moved to recommend that the City Council forward a letter to the Johnson County Board of Supervlsor's recommending that CZ9445, a request to rezone approximately 38.22 acres located on the west side of Prairie du Chien Road, approximately 1/4 mile north of Newport Road, be approved. Bovbjerg seconded the motion. The motion carried on a vote of 6-0. CODE AMENDMENT ITEMS: Public discussion of an amendment to Title 14, Chapter 7, entitled "Land Subdivisions," Article A, entitled "General Subdivisions Provisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within 2 miles of the City's boundaries. Miklo said the amendment is needed to keep the Subdivision Regulations consistent with the recently adopted Fringe Area Agreement, which specifies that when new areas are annexed into the City, the City will consider whether or not to expand the Fringe Area in consultation with the County, rather than expanding it automatically. Public discussion: There was none. PubItc discussion closed. MOTION: Bovbjerg moved to amend Title 14, Chapter 7, entitled "Land Subdivi- sions," A~ticle A, entitled "General Subdivisions Provisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within 2 miles of the City's boundaries, to state, "Pertaining to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries shall be subject to City review and approval, except for those areas exempt from such review pursuant to the Johnson County/Iowa City Fringe Area Agreement. (1978 Code, editor's note to Chapter 31).". Jakobsen seconded the motion. The motion carried on a vote of 6-0. Public discussion of an amendment to Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings, Section 1, entitled "Permitted Accessory Uses and Buildings," to change the location restrictions of satellite receiving devices. Yapp said this item, and the one that follows, pertain to the Telecommunications Act of 1996, passed in February. Yapp said federal legislation preempts local zoning regulations in that satellite dishes smaller than one meter in diameter in residential areas, and two meters in diameter in commercial areas, may no longer be regulated in terms of location. Planning & Zoning Commission September 19, 1996 Page 13 This means that small satellite dishes may now be located anywhere in the yard or roof on the structure, rather than only the back yard, as previously allowed. Yapp said the Zoning Chapter currently allows satellite dishes in commercial areas as an accessory use. The revised language, distributed to the Commission, makes this more clear, in that commercial areas are not mentioned in the proposed amendment. Yapp said staff recommends Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings, Section 1, entitled "Permitted Accessory Uses and Buildings," be amended to allow, Communications towers and satellite receiving devices provided that: 1) communications towers and satellite receiving devices larger than one meter in diameter in residential zones, shall not be located in the area between the street and the principle building, within the required side yard, or on the roof of any building, and 2) satellite receiving devices smaller than one meter in diameter in residential zones, may be located in any yard or on the roof of any structure. Public discussion: There was none. Public discussion closed. MOTION: BovbJerg moved to amend Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings, "Section 1, entitled "Permitted Accesso- ry Uses and Buildings," to allow Communications towers and satellite receiving devices, provided that: 1) communications towers and satellite receiving devices larger than one meter In diameter in residential zones shall not be located in the area between the street and the principle building, within the required side yard, or on the roof of any building, and 2) Satellite receiving devices smaller than one meter in diameter In residential zones may be located In any yard or on the roof of any structure. Supple seconded the motion. The motion carried on a vote of 6-0. Public discussion of an amendment to Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Section 4, entitled "Special Exceptions," to allow communications towers as a special exception in the P zone. Yapp said cellular communication use is on the rise and the trend for these cellular sites is to be smaller and more dispersed in urban areas. The Telecommunication Act of 1996 prohibits land use regulations which directly, or indirectly, prohibit the provision of wireless or cellular communication service to any area, although the Act preserves the right of local government power to regulate the placement, construction, modification and location of towers and associated facilities. Currently the Code allows towers by special exception in the Interim Development (ID), the Research Development Park (RDP), and the Office and Research Park (ORP) zones, and as a provisional use in the Industrial zones, provided the towers are located "at least as far away from lot lines as their height above grade." Yapp said as the trend moves toward smaller and more numerous facilities, the number and location of zones allowing towers may become inadequate to service the growing wireless market, Therefore, staff has researched zones in which additional towers may be appropriate, and has concluded that the P, or Public, zone would be appropriate for the following reasons: 1) the number and dispersal patterns of P-zoned land would help Planning & Zoning Commission September 19, 1996 Page 14 invalidate any claim that towers were being indirectly discriminated against in areas of the community, and 2) the special exception process and the public ownership of the land would give the public greater control over the size, type, and location of any wireless facilities. Yapp said staff recommends Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," subsection 4, entitled "Special Exceptions," be amended to allow communications towers as a special exception in the P, Public, zone, and the associated definitions of "communications tower," "communications equipment building" and "communications station" be added to the definitions section of the Zoning Chapter. Staff recommends the following requiraments for communication towers in the P-zone: 1) The Board of Adjust- ment may place conditions on approval of a communications tower, such as fencing and screening, to address safety and aesthetic concerns. The Board may deny an application which does not adequately address these concerns; 2) The applicant shall submit documentation that the telecommunications facility shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended, which contains Federal regulations regarding radio frequency emissions and design standards; and 3) The tower shall be set back from a property or right-of-way line a distance at least equal to the height of the tower; and 4) The applicant shall submit documentation that the telecommunications facility complies with all state and federal regulations concerning aviation safety. Public discussion: Chad M. Skinner, 4364 - 114th Street, Urbandale, Iowa, of Capitol Land Services, and two other representatives of Sprint Spectrum, were present. Skinner said they are present to voice their approval of the amendments. Skinner also noted that Capitol Land Servic- es/Sprint Spectrum are working on a proposal to remove the existing light pole on the edge of the track at City High, and replace it with another pole approximately 30 feet taller. Skinner said that he would not wish to see such a tower in his back yard, unless the tower was implemented in a creative, appealing way. S~!,-,ner said there will be no air traffic control lights on the pole, and it would look essentially like the existing pole. Gibson asked what possibility there is for the sharing of towers. Skinner said in some cases they have worked out a sharing of facilities. For example, it is the policy of Sprint Spectrum to allow another provider to attach to their towers, but in some cases this is not feasible. Gibson said the packet includes materials concerning the requirement in some jurisdictions for the sharing of communications towers, and asked Skinner what their position is regarding this. Skinner said in light of the current telecommunications regula- tions, he does not know whether this is legal, but said their position is to co-locate in any area, if possible, as this is the corporate policy of Sprint Spectrum. Miklo said the lease agreement would likely address this situation and would not make accessibility exclusive, but may attempt to co-locate. Mike Peterson, 4364 - 114th Street, Urbandale, Iowa, Property Manager for Sprint Spec- trum, in addressing statements made, said the tower proposed for the City High property is 90 feet and they would intend to mattach the lights at their existing height, so he would doubt they would be able to accommodate another carrier on the same pole. Peterson said there are good, practical reasons which can prevent people from co-locating on the same tower, such as interference issues. Planning & Zoning Commission September 19, 1996 Page 15 Public discussion closed. MOTION: Gibson moved to amend Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to allow commu- nications towers as a special exception and under certain conditions in the P, Public, zone and to add the following definitions associated with cellular facilities, including "communications tower," "communications equipment building" and "communications atation" to Section 14-4B, entitled "Zoning Definitions." The motion carried on a vote of 6-0. CONSIDERATION OF THE AUGUST 15, 1996, PLANNING AND ZONING COMMISSION MINUTES: MOTION: Gibson moved to approve the minutes of the August 15, 1996, meeting of the Planning and Zoning Commission, as amended, Jakobsen seconded, The motion carried on a vote of 5-O-1, with Jakobsen abstainln.q due to absence. PLANNING AND ZONING COMMISSION INFORMATION: Jakobsen noted an article on Karin Franklin, Director of the Department of Planning and Commu- nity Development, appears in the current edition of The ICON. Supple asked for clarification on when woodlands are covered by the Sensitive Areas Ordinance. Yapp said they are covered when they are two acres or more in size. Starr said he will be absent October 17, 1996, as he will be out of town. Jakobsen said she will not be present again until the October 17, 1996, meeting of the Commis- sion. OTHER BUSINESS: ADJOURNMENT: MOTION: Bovbjerg moved to adjourn at 9:45 p.m. Gibson seconded. The motion carried on a vote of 6-0. Lea Supple, Secretary Minutes submitted by Jeff Haring. pp(]a dm [nVnlns~o&z9.16.mtn IOWA CITY PLANNING & ZONING COMMISSION MI~-~k'TTING THURSDAY, SEtrtEMBER 19, 1996- 7:$0 P.M. CMC CENTER COUNCIl. CHAMBF. J~ SIGN IN $HFI~ 10. 11, 12. 14. 1.5. 16. 17. 18. ,~, 19.