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Home My WebLink About1998-07-07 Bd Comm minutesBROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - APRIL 1, 1998 - 5:00 PM LOBBY CONFERENCE ROOM, CIVIC CENTER DRAFT Present: Cordell Jeppsen, Betty McKray, Jim Pusack, Cathy Weingeist Staff Present: Shaffer, Brau, Helling, Hardy, Matthews Others Present: Chris Randall, Brian Sharp, Amber Hunt, Steve Kanner, Jon Koebrick RECOMMENDATIONS TO THE CITY COUNCIL The Commission recommends to the City Council that they accept TCI's proposed cure in lieu of a fine of .$250 per day for failing to meet the system upgrade deadline contained in the franchise agreement. The cure is outlined in TCI's letter of March 23, 1998 in which TCI will pay a total of $46,000 and not increase subscriber's rates in areas in which the system is upgraded before the entire system upgrade is complete. One half of the $46,000 will be rebated to subscribers, or approximately $1.30 per subscriber, and one half will be given as a grant-in-aid to the City to cover related expenses. SUMMARY OF DISCUSSION The Commission agreed to a request from PATV to write a letter to the City Council urging them to make a timely decision on the proposed Cable TV Office move out of the Civic Center, as it has an effect on their plans to move into a new facility by July 1, 1998. Koebrick said TCI intends to complete the rebuild before August 31, 1998, in which case $46,000 would exceed the $250 per day fine for each day the rebuild is not finished. The choice of the word "grant" is not intended to appear as if TCI is getting out of a fine. TCI is willing to call a payment to the City anything they wish. Helling said any money paid to the City would most likely go to the Cable TV Office fund as that fund has paid for the expenses involved in enforcing the franchise. Shaffer said that he has not tallied the amount of expenses related to the rebuild delay. A rough estimate is $10-15,000. Helling said it is difficult to isolate those expenses as the City's consultants are reviewing a number of aspects related to the rebuild. Weingeist said the relationship between TCI and the City has been contentious and adversarial to date. Accepting the proposal from TCI rather than instigating the fines is a way to build a better relationship. However, the City needs to make sure that further sanctions can be imposed if TCI fails to meet their obligations. Helling said any cure agreed to by the City will not have any affect on any other franchise violations which might occur. Jeppsen said it is important that there is not a public perception that the City is benefiting from the customer's misfortune of not having the rebuild done on time. However, the City should receive some compensation to cover the additional expenses. PUBLIC DISCUSSION Randall, on behalf of PATV, reminded the Commission that PATV must move out of the Library by July 1 and have been planning to move into a new facility with the City Cable TV Office when they are displaced by the construction. Because the City Council has not made a decision on this matter the City Cable TV Office move may not take place by July 1. In this case PATV would need to find facilities independently. PATV has written a letter to the Council expressing those concerns and requests that the Commission write a letter as well. Library Director Susan Craig has agreed to write a letter as well. If Council does not reach a decision by April 15, PATV will need to seek a facility on their own, at least for a short period of time. Weingeist moved that Jeppsen write a letter to the Council on behalf of the Commission urging them to make a timely decision on the Civic Center construction project. Pusack seconded and the motion passed unanimously. RFCOMMFNDATION ON LIQUIDATFD DAMAGES AND TCI'S PROPOSED RFMFDIES Jeppsen said this special meeting is being held because TCI submitted a proposal on the day of Broadband Telecommunications Commission Special Meeting -April 1, 1998 Page 2 the last Commission meeting to be considered in lieu of the $250 per day fines for their failure to meet the system rebuild deadline. At that meeting it was decided to hold a special meeting to consider the issue due to the lack of time for consideration. The City sent TCI a letter asking several questions regarding the proposal and TCI responded in a letter made available to Commissioners. Weingeist asked who would be considered a customer for the purpose of the rebates proposed by TCI. Koebrick said TCI would be inclined to rebate all subscribers at the time the rebate is issued as identifying and separating out newer subscribers and past subscribers would be difficult. TCI is flexible on this matter. Pusack said he had received a comment from the public that a fine would be a more appropriate response as it would establish a record for other cities that TCI did not meet the deadline. A member of the public said that the subscriber rebates are insignificant and that the City should fine TCI as the City could make good use of those funds. McKray said it is a matter of semantics if the $46,000 is called a fine or a cure. Just because the City accepts TCI's proposal does not mean TCI is not being fined. Koebrick said TCI intends to complete the rebuild before August 31, 1998. $46,000 would exceed the $250 per day fine for each day the rebuild is finished prior to August 31st. The choice of the word "grant" is not intended to appear as if TCI is getting out of a fine. TCI is willing to call a payment to the City anything they wish. Helling said any money paid to the City would most likely go to the Cable TV Office fund as that fund has paid for the expenses involved in enforcing the franchise. Shaffer said that he has not tallied the amount of expenses related to the rebuild delay. A rough estimate is $10-15,000. Helling said it is difficult to isolate those expenses as the City's consultants are continuing to review a number of aspects related to the rebuild. Weingeist said the relationship between TCI and the City has been contentious and adversarial to date. Accepting the proposal from TCI rather than instigating the fines is a way to build a better relationship. However, the City needs to make sure that further sanctions can be imposed if TCI fails to meet their obligations. Helling said any cure agreed to by the City will not have any affect on any other franchise violations which might occur. McKray said the public needs to know that any payment or rebate is for the payment of the fine. The City should receive some of the proposed funds to cover expenses and it would be good for customers to get a rebate. McKray said she supports the proposal to put $23,000 toward a subscriber rebate and $23,000 to the City. Jeppsen said it is important that there is not a public perception that the City is benefiting from the customer's misfortune of not having the rebuild done on time. However, the City should receive some compensation to cover the additional expenses. The customers need to benefit as well. McKray moved to recommend to the City Council that they accept TCI's proposed cure in lieu of a fine of $250 per day for failing to meet the system upgrade deadline contained in the franchise agreement as outlined in TCI's letter of March 23, 1998 in which TCI will pay a total of $46,000 and not increase subscriber's rates in areas in which the system is upgraded before the entire system upgrade is complete. One-half of the $46,000 will be rebated to subscribers, or approximately $1.30 per subscriber, and one-half will be given as a grant-in-aid to the City to cover related expenses. The motion was seconded by Weingeist and unanimously approved. Helling said he will translate the intent into a formal agreement. ADJOURNMENT It was moved by Weingeist, seconded by Pusack to adjourn. The motion passed unanimously. Adjournment at 5:40 p.m. Respectfully submitted, / _ / Cable TV Administrator cablet'v\min\blc4-1 .doc BROADBAND TELECOMMUNICATIONS COMMISSION APRIL 28, 1998 - 5:00 PM LOBBY CONFERENCE ROOM, CIVIC CENTER DRAFT Members Present: Members Absent Staff Present: Others Present: Betty McKray, Jim Pusack, Steve Hoch Cordell Jeppsen, Cathy Weingeist Shaffer, Brau, Helling, Hardy, Matthews Miriam Bennett, Rene Paine, Chris Randall, Jon Koebrick, Arlene Heck, Denis Martel RECOMMENDATIONS TO THE CITY COUNCIL None. SUMMARY OF DISCUSSION Heck reported that since the last meeting the post rebuild channel lineup was announced. The channels added to date are the Box, Cartoon Network, MSNBC, E!, Trinity Broadcasting, ESPN2, Speedvision, TLC, VHI, Comedy Central, History Channel, and the Home Shopping Channel. Many of these channels can be seen in areas which have not yet been upgraded, but the quality is often poor. Martel said his best estimate is the entire rebuild will be complete in the middle of July. Shaffer said the City's consultants, Rice, Williams, have been in communication with TCI personnel and will be sending an engineer to inspect the rebuilt portion of the plant near the end of May. Shaffer reported the telecommunications legislation in the state legislature passed both houses. The bill, which is quite short, will require substantial changes in the telecommunications ordinance the City has been working on. APPROVAL OF MINUTES Broadband Telecommunications Commission April 28, 1998 Page 2 Hoch moved and Pusack seconded a motion to approve the March 23, 1998 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS McKray said she taped the U.S. House of Representatives Telecommunications Subcommittee hearings and will make it available to anyone who wishes to view it. SHORT PUBLIC ANNOUNCEMENTS None. SENIOR CENTER REPORT Bennett reported things are going well at the Senior Center. More programs were produced this month than available cablecasting time. Bennett will be taking a two month leave of absence and will be replaced by Russ Nordman. ECC REPORT None. PATVREPORT Paine reported PATV hosted workshops for a group of.Girl Scouts and will conduct workshops Broadband Telecommunications Commission April 28, 1998 Page 3 for the Neighborhood Centers this month. A fundraising letter has been sent out and responses have started to come in. Paine thanked Bob Hardy for providing some technical assistance on several matters. Interns are being sought and will be taping events over the summer. LIBRARY REPORT Fisher reported that Saturday the library will be hosting the Young Puppeteers. The event will be all day long and cablecast live by PATV as part of their agreement with the library. LEGAL REPORT Matthews had nothing to report. TCI REPORT Heck reported that since the last meeting the post rebuild channel lineup was announced. Nine additional channels have been activated to date-The Box, Cartoon Network, MSNBC, E!, Trinity Broadcasting, ESPN2, Speedvision, TLC, VHI, Comedy Central, History Channel, and the Home Shopping Channel. Technical adjustments continue to be made on those channels. Many of these channels can be seen in areas which have not yet been upgraded, but the quality is often poor. When the rebuild is complete the channel number assignments will be rearranged and tiers grouped together. Pusack asked if an on-screen program guide will be offered. Heck said there will be an interactive guide on the digital tier. Martel displayed a map showing where the rebuild has been completed and where work is in process. Generally, the work has been in the east section of town. Martel said his best estimate. is the entire rebuild will be complete in Broadband Telecommunications Commission April 28, 1998 Page 4 the middle of July. The order that sections of town will be upgraded depends on when equipment is received. Subscribers in upgraded areas are not paying a higher rate than other subscribers at this point. Shaffer said the City's consultants, Rice, Williams have been in communication with TCI personnel and will be sending an engineer to inspect the rebuilt portion of the plant near the end of May. CABLE TV DIVISION REPORT Hardy reported that community television requests remain strong. Shaffer reported the telecommunications legislation in the state legislature passed both houses. The bill, which is quite short, will require substantial changes in the telecommunications ordinance the City has been working on. The bill does allow cities to recoup some costs, but prohibits franchising of telephone companies. It is anticipated that a bid will be made shortly on a building to house the City Cable TV Division and PATV. PATV met with bank officials to inquire about a loan to cover facility costs. The decision on the Civic Center expansion has been delayed so the time frame for the cable division move is not as imminent as PATV's need to secure an alternative Iocatiom by July 1. A proposal to construct web pages for other City departments is being developed by the cable division and will be forwarded to the BTC in the next meeting packet. A project dealing with human facilitation and converging media will also be forwarded. Shaffer reported receiving eleven complaints spread over a number of issues. SYSTEM REBUILD The rebuild was covered under TCI's report. Shaffer said he was satisfied with the way the rebuild was going. Broadband Telecommunications Commission April 28, 1998 Page 5 ADJOURNMENT It was moved by Hoch, seconded by Pusack to adjourn. The motion passed unanimously. Adjournment at 6:15 p.m. Cable TV Administrator cabletv\min~btc4-28.doc MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM THURSDAY, MAY 21, 1998 - 6:30 P.M. JUN 15 1996 MEMBERS PRESENT: Rick House, Jayne Moraski, Kathleen Renquist, Gretchen Schmuch, Bill Stewart MEMBERS ABSENT: Dan Cilek, Dan Coleman, Denita Gadson, Sandy Kuhlmann STAFF PRESENT: Maggie Grosvenor, Maurice Heard, Steve Long The meeting started at 6:55 p.m., prior to the start of the meeting, members watched the Fire Safety Video without a quorum. PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA: There was none. IOWA CITY HOUSING AUTHORITY UPDATE: Grosvenor said that they are at 95% occupancy for certificates and 86% for vouchers. She noted that all four issues the Housing Authority proposed to change recently received Council approval. She said the first three issues were lumped together and the definition of family passed separately. She said the family definition and the changes in minimum rent are effective immediately, and they are sending letters to people on the waiting lists to notify them of the federal preference removal, and Housing Authority staff are now deciding how to implement the homeless preference. Grosvenor said the Housing Authority office will undergo reorganization. She said that they will be changing to direct case management, eliminating the seven office positions and hiring six new positions. She said they will be shut down for one to two weeks for training and implementation. She noted that the new procedures will be much easier for the clients to deal with because there will be less staff involved with each individual. (House arrived at 6:59 p.m.) Grosvenor said that three houses were involved with the Tenant to Ownership Program, and they are working toward the next round of applications. She said Tenant Based Rental Assistance funds may be used to match up with HACAP. This would enable the Housing Authority to HACAP's existing family self-sufficiency program. APPROVAL OF THE APRIL 16, 1998, MEETING MINUTES: MOTION: Stewart moved to approve the April 16, 1998, meeting minutes. Moraski seconded the motion. The motion carried by a vote of 5-0. AFFORDABLE HOUSING FUNDING POOL CRITERIA SUBCOMMITTEE: Long said the Council wanted some criteria for the funding pool, which provides funding for land acquisition and construction financing. The subcommittee met before the meeting and the proposed criteria will be in the Commission's June agenda packet. Housing and Community Development Commission Minutes May 21, 1998 Page 2 MONITORING REPORTS: DVIP - Furniture Project (Moraski) Moraski explained the project and showed FY98 statistics and funding distribution for the first three quarters. She said that the project has received 848 donated items, totaling 37.1 tons of used furniture and housewares that did not go to a landfill. UAY - Facility Improvements (Gadson) Long read Gadson's report, stating that the funds were used to replace the worn carpet inside the building and install a new security system. UAY - Aid to Agencies (Gadson) Long read Gadson's report, stating that UAY received $22,200 to provide general counseling opportunities for youth. He said that 1,500 youth were reached last year, and in the third quarter of this year they have reached approximately 800 youth. He said the rest of the funding will be spent this month. Anti-Backflow Devices (Cilek) Long said he and Head recently met with Carol Sweeting from the Water Division. Sweeting said they went door to door to 1,200 households distributing information about the backflow devices and informing occupants that they would install the devices free of charge. They have received only 22 calls requesting the devices, and the funding allowed them to purchase 500. Sweeting noted that the spring and summer months are the busiest for the water plant. Long said staff suggested other ways to market the devices, and said that their deadline to use the funding may have to be extended. OLD BUSINESS: Community Development Celebration Week Subcommittee Long said the Community Development Celebration subcommittee has not met yet. The Commission decided to hold the celebration at the Crisis Center in early September to accommodate the Crisis Center's construction plans. FY99 Allocation Process Subcommittee Long reminded Coleman, Renquist and Stewart that they are on the subcommittee, but said they do not have to meet until September. Head said that the Council indicated that they would like to meet with the Commission and go over the funding criteria sometime in November before the applications are made available. First Home Downpayment Subcommittee Long said that staff met to discuss the Commission's concerns about this project, and the subcommittee consists of House, Renquist, Gadson and Stewart. He suggested that the subcommittee set up a meeting time after this meeting. Heartland Candleworks Head said a June 15, 1998, deadline has been set for all the requested information to be forwarded to the auditor. He said he talked with the auditors, and suggested inviting Michael Richards to the next Commission meeting. Richards will then be able to explain any extenuating circumstances that may have occurred during this process. Head said, hopefully, a copy of the audit report will be available at that time, and noted how difficult it has been for the auditors to obtain the necessary information. He said that Heartland has been trying to get new clients, and partly because of these other obligations the necessary business information has not been readily accessible. Housing and Community Development Commission Minutes May 21,1998 Page 3 Head said that Richards has communicated with the auditors and sent some of the requested information, but the request list is still very long. He said Heartland is a good concept and has received a lot of recognition. He said the Commission could decide to withhold the FY98 funding ($72,000) and tell Richards to reapply during the next funding cycle. He said that the audit has cost a total of $10,000, half which came from the grant amount and half which came from the CDBG's contingency fund. Head suggested the Commission give Richards until June 30 to produce the necessary financial reports. Commission members agreed. House said that he found it hard to distribute funds to a business that cannot produce financial reports when necessary. Renquist said she thought the Commission needed to be firm in the issue, and tell Richards that some decisions regarding the funding will be made at the June meeting. Stewart said he would like to see a copy of the auditors' billings. Housing Market Analysis Update Head passed out copies of the housing market report for Commission members. He said that the greatest housing needs are for seniors and for people that are 50% or below median income. He noted that the analysis found that the cost of single family housing and land is actually higher in Coralville than in Iowa City. He said the study includes a recommendation for construction of luxury apartments in the downtown area. He said the report will be presented at a joint meeting with Council at 7:00 p.m. on June 15. Long suggested that the Commission schedule their monthly meeting on June 15 at 8:30 p.m. Members agreed. NEW BUSINESS: Long passed out the business conflict of interest form that all Commission members are required to fill out. ADJOURNMENT: MOTION: Stewart moved to adjourn the meeting. Moraski seconded the motion. The motion carried by a vote of 5-0, and the meeting was adjourned at 7:40 p.m. Minutes submitted by Traci Howard. ppdcdbg/min/hcdc0521 .doc MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 10, 1998 - 5:00 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMiNARy Subject to Approval MEMBERS PRESENT: Susan Bender, T.J. Brandt, Kate Corcoran, William Haigh MEMBERS ABSENT: Lowell Brandt STAFF PRESENT: Sarah Holecek, Melody Rockwell, John Yapp, Wendy LaRive OTHERS PRESENT: Michael E· Hodge, Chris Stephan, Bob Michael CALL TO ORDER: Chairperson Haigh called the meeting to order at 5:00 p.m. ROLL CALL: Bender, T.J. Brandt, Corcoran, and Haigh were present for the roll call. CONSIDERATION OF THE MAY 13, 1998 MEETING MINUTES: MOTION: Bender moved to approve the May 13, 1998 meeting minutes· Corcoran seconded the motion· The motion carried by a vote of 4-0. SPECIAL EXCEPTION ITEMS: EXC98-0009. Public hearing on an application submitted by Hodge Construction Co. for a special exception to permit a reduction in required off-street parking for property located in the Planned High-Density Multi-family Residential (PRM) zone at 130 Jefferson Street. Rockwell said the Board is being asked to consider the reduction of one parking space for the property. She said if the Board decides to grant the parking modification request, it may want to consider that the approval be subject to the applicant implementing a landscaping plan approved by the City to restore the courtyard to green open space and to aerate the compacted soil to facilitate the long-term viability of the mature trees on this site. Rockwell said the issue under contention is the proposed condition of approval that the courtyard be retained in perpetuity. The applicant is willing to renovate the courtyard, return it to green space, and landscape it as shown on the landscaping plan submitted, but is unwilling to maintain the courtyard as open space in perpetuity. At the April Board meeting, it was noted by legal counsel to the Board that the issue of perpetuity is moot. Any time the applicant decided to put in a parking space, the parking requirement would be met, and the special exception would no longer be needed. Rockwell said any condition attached to that special exception would no longer apply. She said it may be most practical for the Board to consider approval, subject to the condition of the applicant returning the courtyard to green space, but not requiring that it be maintained in perpetuity. Public hearing opened. Mike Hodge. Hodge Construction, said the landscaping may be different than that shown on the plan submitted in that they plan to have an opening in the landscaping for a sidewalk through the middle of the courtyard. Hodge said as legal counsel has suggested, it is a moot point whether or not Hodge Construction enters into the agreement to keep the courtyard as Iowa City Board of Adjustment Minutes June 10, 1998 Page 2 a green space in perpetuity. He said it is the company's intention to keep the courtyard as green space for the foreseeable future. Bender asked if the sidewalk would allow pedestrians to walk from Dubuque Street between the buildings to Jefferson Street. Hodge said it would. He said that there is quite a bit of pedestrian traffic from the north building that is being diverted from the old sidewalk right now, and they would like to see that sidewalk replaced. Public hearing closed. MOTION: Bender moved to approve EXC98-0009, a special exception to reduce the required off-street parking by one parking space for a property located in the PRM zone at 130 Jefferson Street, subject to the applicant implementing a landscaping plan, approved by the City, to restore the courtyard to a green open space and to aerate the compacted soil to facilitate the long-term viability of the mature trees on the site. T.J. Brandt seconded the motion. Corcoran said she thinks the renovation of the building and return of the area to green space is a worthwhile project. Bender said she agreed with the tradeoff of the parking space for retaining the green space the way it has been historically. She said the tenants and neighboring property owners heard from at the April meeting prefer that it remain. She stated that part of the Board's role is to consider what promotes public health, safety, and general welfare, and to protect property values. She added that the modifications and upgrades on the building and retaining the green space meet the standards that the Board has to consider. She said although parking is at a premium in downtown Iowa City, the standards have been met and this is an appropriate tradeoff. She said this will not only add to property values, but also to the enjoyment of people in the neighborhood. She noted that the Board has heard not only from tenants, but also from churches and others in the surrounding area who would like to see the green space retained. T.J. Brandt agreed and said if the applicant had wanted to put in a parking space, they would not be at the meeting, because they would not have needed to go through the special exception process. Brandt said the applicant is preserving green space, which is difficult to find in the downtown area. He said he appreciates their willingness to work with the City and keep the green space for everyone's enjoyment. Haigh agreed and noted that the Board is only discussing the reduction of one parking space and he would hate to see concrete installed over the green space. The motion carried by a vote of 4-0. EXC98-0010. Public hearing on an application submitted by The Place/Commercial Real Estate for a special exception to permit an auto and truck-oriented use, a drive-through service for the Walgreen's Pharmacy, for property located in the Community Commercial (CC-2) zone northwest of the intersection of First Avenue and Muscatine Avenue. Because he is a competing business owner, Chairperson Haigh excused himself from discussion and voting on this item. He stated there is a potential conflict of interest. He turned the meeting over to Vice Chairperson Bender. Yapp said The Place/Commercial Real Estate company is under contract to develop a site located at the intersection of First Avenue and Muscatine Avenue in a Community Commercial zone. Part of the development of the Walgreen's is a proposed drive-through pharmacy facility which is considered an auto- and truck-oriented use and requires a special Iowa City Board of Adjustment Minutes June 10, 1998 Page 3 exception in the Community Commercial zone. Staff reviewed the proposal using three tests: 1) how well the drive-through area is separated from surrounding pedestrian and vehicular use areas, 2) whether there is enough vehicle queue storage area, and 3) compatibility of the drive-through facility with nearby residential areas, specifically the residential areas to the west and north. Yapp said for the first test, staff feels the drive-through is'well separated from the other on- site circulation. The intended circulation is for vehicles to enter from First Avenue and to exit onto Muscatine Avenue. Vehicles could also enter on Muscatine Avenue and access the drive-through via the parking lot. The intended entrance to the drive-through lane does not cross any of the parking lot aisles or pedestrian use areas for the store. For the second test, staff found that there appears to be ample stacking space on the site. Yapp said the site will be able to have two vehicles side by side at the drive-through window. There is approximately 230 feet from this point to the First Avenue right-of-way on the east side of the site. About 14 vehicles can queue up for pharmacy service. In looking at standards for a drive-through facility, staff found that the national standard for a fast-food restaurant is a minimum of eight spaces for a restaurant with a three-minute transaction time. Walgreen's has also indicated an approximate three-minute average transaction time for service. Therefore, the 14 stacking spaces should be adequate for the proposed use. For the third test, staff's concern was that headlights from the drive-through be screened from the residential area across Second Avenue. Yapp said he also received two telephone calls from residents to express their concern about headlights. Yapp said staff feels that the proposed four-foot high solid fence will be adequate to block headlights from vehicles using the drive-through, because most headlights are approximately two to three feet above the ground. The applicant submitted a site plan and landscaping plan which shows a four-foot tall solid fence along the west lot line and the north lot line of the site. Yapp noted the site is seven to ten feet above Second Avenue and there will be landscaping, trees, and shrubs planted along the outside of the site to screen the retaining wall and the fence. The greenery will also serve as a buffer between the residential neighborhood and the commercial neighborhood. Yapp said the use should not endanger public health or safety. He noted that the property is currently zoned Community Commercial. Staff feels the landscaping and fence proposed on the site should mitigate any potential negative effects of the drive-through facility. Staff recommends that if the exception is approved, it should be subject to the facility being used only for pharmacy-related transactions. If the use of the building changed in the future, the facility would need to apply again for a special exception due to potential concerns about traffic that might come up with another use for the site. Staff also recommends that if the exception is approved, it be subject to general conformance with the site and landscaping plan submitted to the City. Bender asked about the MMS Consultants' reference to the fence as a "wall" on the landscape plan. Yapp explained there will be a seven to ten-foot high retaining wall above Second Avenue. At the top of the retaining wall will be a four-foot solid fence. Public hearing opened. Chris Stephan. MMS Consultants, said he was there to answer any questions. He presented illustrated elevation views of the proposed site. Bender asked about the proposed landscaping and Stephan described the variety of trees and shrubs proposed. Iowa City Boar of Adjustment Minutes June 10,1998 Page 4 Public hearing closed. MOTION: Corcoran moved to approve FXC98-0010, a special exception to permit an auto and truck-oriented use, a drive-through service for a pharmacy for property located in the CC-2 zone northwest of the intersection of First Avenue and Muscatine Avenue, subject to the drive-through facility being used only for pharmacy-related transactions and the site plan generally conforming with the preliminary site plan and landscaping plan submitted to the Department of Planning and Community Development on May 14, 1998. T.J. Brandt seconded the motion. T.J. Brandt commented that The Place/Commercial Real Estate appears to have met the standards. He said the landscaping takes the neighbors into consideration. He also said there appears to be plenty of room for automobiles in the drive-through lane for a pharmacy. Corcoran agreed that the applicant has met the standards for granting a special exception. She said the drive-through lane is separated from the parking lot and pedestrian areas and it does not appear the site will adversely affect property values. She added it appears there has been a good attempt to screen the site and make the project "fit in" with the area. She said this is an area identified in the Comprehensive Plan where commercial development is appropriate. Bender concurred that this development is appropriate in the CC-2 zone. She said pedestrian safety issues have been well-addressed. She said although it is considered an auto and truck-oriented use, it will not be as intense a use as a drive-through for a restaurant. She said the length of the drive-through lane is adequate according to the standards investigated by staff. She said the applicant has done a good job planning how the building sets in relation to the surrounding neighborhood, and noted that the landscaping plan is more than adequate with the proposed fast-growing trees and the fence. The motion was carried by a vote of 3-0-1. with Haigh abstaining due to potential conflict of interest. (Chairperson Haigh returned to the meeting.) EXC98-0012. Public hearing on an application submitted by Regina Catholic Education Center for a special exception to permit an expansion of a religious institution by adding a modular classroom building for property located in the Low Density Single-Family Residential (RS-5) zone at 2150 Rochester Avenue. Rockwell said this is a large site located north of Rochester Avenue. She said along the north boundary of the property is Hickory Hill Park with the Ralston Creek drainage way running through it. She said Regina Catholic Education Center would like to construct a 35- foot by 60-foot modular classroom north of the existing school building on its 41-acre campus. This modular classroom is considered an expansion of a religious institution, which is only permitted by special exception in the RS-5 zone. The Board is asked to approve the exception to allow construction of the classroom to proceed. Rockwell said the additional regulations for access and the dimensional requirements are met by the applicant. She added that most of the general standards are met as well at this point in time. However, there is one provision of the ordinance which requires that there only be one principal use or building on a lot in RS or RNC-12 zones. Rockwell said this provision works as intended to regulate residential structures in single-family residential zones, but does not apply in a reasonable way for religious institutions, such as schools or churches. She said religious institutions are generally on very large lots set well back from the streets and areonly permitted by special exception. An ordinance amendment has been prepared to permit more than one principal building for religious institutions that are Iowa City Boar of Adjustment Minutes June 10,1998 Page 5 approved by special exception in the RS and RNC-12 zones. The Planning and Zoning Commission reviewed it last week and recommended approval. It is anticipated that next week the Council will set a public hearing for July 7. Rockwell said in staff's view, the modular classroom building will enhance the ability of the Regina Catholic Education Center to serve its student population while having a negligible effect on surrounding residential properties and will have no impact on the environmentally sensitive features of the Regina campus. If the Board determines to approve the application, Rockwell said it may want to consider calling out conditions regarding code compliance. For example, the applicant will be required to submit a sensitive areas site plan for administrative approval by the City staff, and prior to a certificate of occupancy being issued by the City for the modular classroom building, either the Zoning Chapter must be amended to permit more than one principal building per lot for religious institutions in the RS zones or the applicant must integrate the modular classroom building with the existing school structure. Rockwell said the staff-suggested condition calls out a certificate of occupancy instead of a building permit. This would allow Regina to go forward with the building permit with the expectation that the ordinance amendment would be approved in time for occupancy of the classroom building this fall. Bender asked why there cannot be more than one building when there is only one principal use. Holecek responded by stating that even with only one principal use, according to the current code, there cannot be more than one building used for that principal use. She said zoning regulates density in single-family residential zones by legislating how many buildings are permitted on a lot. An RSo5 zone allows only one principal building; therefore the buildings either need to be connected as one or the ordinance needs to be amended. Public hearing opened. Bob Michael. attorney for Regina, said he did not have anything to add, but would be willing to answer any questions. There were no questions. Public hearing closed. MOTION: Corcoran moved to approve EXC98-0012, a special exception to expand a religious institution, that is to construct a 35-foot by 60-foot modular classroom building immediately to the rear of the existing school building for property located in the RS-5 zone at 2150 Rochester Avenue, subject to the conditions regarding code compliance, such that the applicant will be required to submit a sensitive areas site plan for administrative approval by City staff, and prior to a certificate of occupancy being issued by the City for the modular classroom building, either the Zoning Chapter of the City must be amended to permit more than one principal building per lot for religious institutions in RS zones, or the applicant must integrate the modular classroom building with the existing school structure. T.J. Brandt seconded the motion. Bender commented that the proposed building certainly meets the standards for granting a special exception. She said there is ample distance between the school building and its residential neighbors. She said this mitigates any concern there may have been about changing the nature of the neighborhood, She said the modular classroom building will enhance Regina's property without causing any traffic congestion or other safety concerns. Bender noted that Regina is a good community neighbor; that it makes its buildings available for community functions. Corcoran agreed and noted that the sensitive areas site plan requirement takes care of concerns anyone might have had about the slopes and the Iowa City Board of Adjustment Minutes June 10,1998 Page 6 woodland area, which are quite a distance from where the classroom building will be. Haigh agreed and stated the building is small compared to the size of the area, there is good access to an artedal street, the lot is large and the building height will not be a problem. T.J. Brandt concurred saying the standards are well met. The motion was carried by a vote of 4-0. BOARD OF ADJUSTMFNT INFORMATION: Haigh said he will not be present at the July meeting. Bender said she is still receiving mailings for the Airport Zoning Board of Adjustment and wants to make sure the appropriate person is notified so that her name is removed. Rockwell said she would coordinate this with Lisa Handsaker, Administrative Assistant for the City Manager. Haigh questioned where the Board stands concerning the Plum Grove lawsuit situation. Holecek stated in her discussion with opposing counsel that day, it was her understanding that June 17, 1998 is the date she is supposed to produce the record for review by the court. She said however, it appears that a building permit may be issued by that time and the case dismissed. She added that she will send a memorandum to the Board members on whatever happens. Bender noted that the church on Mormon Trek Boulevard is not in compliance with the conditions of approval and questioned whether there would be follow-up. Rockwell said there is no formal protocol for monitoring Board cases; however, when Board members or City staff notice noncompliance, it can be reported to the City's Enforcement Specialist Julie Tallman. She said staff is working to put a consistent follow-up system into place, so that instead of enforcing Board conditions on an ad hoc complaint basis, they are automatically monitored by City enforcement staff. She said she would report the non-compliance situation, and ask that the required painting of the modular building on the All National Baptist Church property be taken care of as soon as possible. ADJOURNMFNT: MOTION: Corcoran moved to adjourn the meeting. Bender seconded the motion. The motion was carried by a vote of 4-0, and the meeting was adjourned at 5:55 p.m. William Haigh, Board Chairperson Minutes submitted by Wendy LaRive. ppdadmin/rnin/boa6-10.doc IOWA CITY BOARb OF ADuTU5 TA4ENT ~EETIN6 WEDNESDA Y, ~TUNE 10, 1998- 5:QQ P. A4. CIVZC CENTER COUNCIL CHAMBER5 SIGN IN SHEET 1 Nom~. Address 9, 10 IL 13, 14. 17, MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING MEETING ROOM A THURSDAY, MAY 28, 1998 - 5:00 P.M. Agenda item 3A Members Present: Linda Dellsperger, Stephen Greenleaf, Mary McMurray, Mark Martin, Lisa Parker, Jesse Singerman, Anne Spencer, Jim Swaim, Chuck Traw Staff Present: Barbara Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols, Bridget Quinn-Carey Others: .:.%. .... :,% CALL TO ORDER'! .......... President S~ngerman called the meeting to order at 5:05 p.m. APPROVAL OF MINUTES: The minutes for the regular Board meeting of April 23, 1998 were unanimously approved after a motion. Swairn'McMurray -:~iii!ie~ii!ii!i!.:,,...U_NELN!SHED BUSINESS :::.~iii~?~ii~.--i!i:~:: :'=:~"'~,t~ilding Project. Craig reported on City Council's decision to combine both the capital improvernont bonds and the sales tax issues on one ballot. City staff determined it was not necessary to separate the issues if Council intended to use the sales tax revenue to pay off the improvennents. For this referendum only 50% approval is needed. Since the sales tax would provido arc, venue source for these projects Council was informally polled and a majority was ....... in [avor. A ~nore formal vote will be coming. Craig felt that this combined ballot language would broaden the campaign since essentially Library and Centerspace supporters will be part of a group supporting the sales tax. It is required that everyone in a contiguous community vote. This means Iowa City, Coralville, University Heights, North Liberty, Hills, and Tiffin would vote at the same time. Each of those communities and Johnson County supervisors will draft their own language as far as how they will use the revenue. The building committee which includes CenterSpace people has been meeting. Meetings are well-attended. Suggestions for potential members for a campaign committee are being made. Tom Gelman will co-chair the committee which w, ill be formed soon. A subcommittee was appointed to recommend what Centerspace will be known as on the referendum issue. Trustees were told it would still be worthwhile to reinforce the one vote issue with Council members if you have the opportunity. Dellsperger stated that we need to address the issue of a branch. Although it has been done in the past with a Frequently Asked Questions fact sheet as well as a guest opinion in the Press Citizen, it is an issue that keeps coming up. Dellsperger recommended that we repeat the process since people forget. It was suggested that perhaps some members of the Library Board visit Roy Justice's radio show one morning since his program featured a discussion of the expansion project not verYlong ago. In response to the Board's discussion, Craig said she will pull out the old Information Sheet, update it for the next Board meeting or sooner. Board ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 2 Agenda item 3A members need the information so that they can respond to questions. It was suggested that a similar handout be placed at public service desks so that the public can get it easily. Focus groups: The initial summary of the report was in the packet. Spencer pointed out that she did not think that our patrons generally feel the space pinch at the Library. On the other hand, Swaim said that he is very aware of the lack of space. Singerman said we need to do a better job of pointing out the advantages of expanded space; and the constraints with which we have been dealing. This report was a summary of the focus groups and transcripts of the tapes will soon be available. The full report will be given to members of the Building Committee. Parker pointed out that some collections seem frozen due to lack of space. Traw believes that we have to address the parking complaint with book drops. Craig reminded the Board that It is in the budget to have drive up book drops on both sides Of town. Additionally, a drive-up book drop will be included in any building plan. The park & shop issue was raised since it would also help with the image of no parking at the library. Craig will send a memo to the City Manager saying the Board wants to go ahead with this and find out what it will take to get it going. In response to a suggestion for a book drop somewhere in downtown, Craig pointed out that those approximately 2000 items which get returned on the average over a 24- hour period have to be brought to the library and then have to get checked in. Currently volunteers work all hours we're open to handle routine checkins. If all these checkins are suddenly batched there will not be the space or the bodies available to process them. The question of a book drop next to the kiosk in the mall was raised. At this time the Mall does not want us to install one. We'll evaluate the two that are planned and assess the benefits and location of a third bookdrop. NEW BUSINESS A. Business Listing for Board members This form came about as a result of a person who sat on a Board or Commission and was being considered for a particular contract job. The City wants to keep track of ownership in businesses of 5% or more. They will compile a list of every Board & Commission member in Iowa City. A form needs to be returned for each' Board member, even if they do not have an interest in a business. STAFF REPORTS A.Collection Development presentation Craig gave an overview. We spend about 9400,000 on our collection. We have 15 librarians (requires a Masters Degree in Library Science) who select material as part of their job duties. They all have budgetary assignments. The budget is monitored throughout the year but basically it is their responsibility to buy the materials this community needs and wants, keep their area current and up to date. We keep statistics that tell us how the collection is 'used. How many items are added, how many times a year an item in the collection is likely to be checked out and what we remove. There is a great deal of effort put forth to manage and organize information and report to the selectors. Selectors provide narrative reports on what has happened during the year in their particular assignment. They monitor trends locally, nationally, internationally. For example, travel trends have to be monitored and responded too. ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 3 Agenda item 3A Selectors are responsible for preparing displays regarding their collection. "Off the Shelf" is a tv program where a moderator interviews a selector about their collection. Selectors act as programmers in their area often work with an organization or group to prepare a program. This is a very complicated, difficult to describe process. Recently a major change was made. Previously, the Director has been the only Collection Manager. Last year reorganization took place and now three department heads are team leaders who work with selectors in particular areas. Along with the director and the Technical Service sCoordinator, they now work together on the management aspects. Clark, Black and Green, the team leaders, will each make a brief presentation. Clark heads the nonfiction team. She described how selections might be made. She showed the various sources that librarians use to get titles. Resources 'like magazines, publisher journals, etc. as well as suggestions from the public. We cannot buy everything that the public suggests. We are very careful with our budget and use UI library and interlibrary loan and recommend those sources to people. Green talked about the highly used picture book collection. Every title circulates about ten times per year. Some will be weeded, some will go to the book sale, some will go to the bindery. Some trade bindings don't stand up for very long. Selectors make these kinds of decisions all the time. Green was asked if she weeds out books that are not politically correct anymore. She said her collection is not archival and she will update titles or series that need it. Black talked about item purge. Every selector gets a list once a year of items that haven't circulated in a specified period. Movie lists get run for items that haven't circulated in six months. Young Adult fiction is Black's area and she has a range of one year. Philosophy, for example, has a 3-year range because of its reference value. She will go through the list and see how many other copies of an item she has. Then she'll go to the shelf to see if they still have relevancy to the collection. She will consult professional tools like publisher catalogs before she weeds an item. One of the most important things about selection is that you have to select what goes out as well as in. Craig included three Collection profiles to provide more information about the variety and scope of the plan. Collection profiles are being developed for each part of the collection. Swaim asked about collections in terms of the space issue. In an expanded library we could expand the volume of our collection. Almost every collection in the children's room is limited because of space. We have a growing lack of space in adult fiction and there is minimal space in the music area. ,At times we cannot shelve everything we have. Singerman asked about the collection development goal in the strategic plan. It is the first goal and the objectives and tasks are in response to that goal. It is very labor intensive work. How many books do we buy that come from public input? Craig says we get about 500 requests a year. In some areas of the collection, they are all met, in others where many more are received, such as movies, they are not all filled. B. Internet Program Black and Green were two of six people who presented a program for parents last week on the Kids & the Internet. The program was planned with the school district staff. It provided an ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 4 Agenda item 3A opportunity to describe the scope, risks and benefits of the Internet to parents. The program was videotaped. Attendance was low but people there were very grateful. This program will be broadcast on the channel and will be available for presentation at Neighborhood Centers. The school district will be asking for the program to be repeated for smaller groups. The Internet brochure is now available to the public. It has been distributed to children in the elementary school to take home. Every junior and senior high school age family will receive one in a bulk mailing. We used and adapted the Boston Public Library's brochure but were sure it reflected ICPL's philosophies. It includes the address for the. children's page of the ICPL home page. It was emphasized to parents that they have to be attentive to their children's access. From the feedback Black received, it was clear that the people who attended were not power users and wanted to learn about it. C. "Kiosk "unveiling" It is now scheduled to be unveiled on June 23. There have been several delays. We are building up to a twelve day advertising blitz. Next week the lobby display goes up and the t- shirts will be worn. D. Development Office report Nothing new on the horizon. Book sale site is still not resolved. They've sent out reminders for their final push this fiscal year. The sustaining fund is now over $82,000. A question was asked regarding fund raising for the new building. The consultant is still scheduled to come in after the sales tax issue vote to do a feasibility study. CenterSpace will probably be doing their own fund raising and there likely are prospects that should be approached jointly. This will be coordinated through the Development Office with a special campaign. At issue might be how to do fund raising for the entire project. It was pointed out that this may affect fund raising for the library. Swaim stressed his concern that it all be dealt with in a coordinated manner. PRESIDENT'S REPORT Singerman appointed a nominating committee for FY99 officers. Chair. Spencer and Parker will be on the committee. The two appointees to the Foundation are Dellsperger and Parker Swaim agreed to serve as COMMITTEE REPORTS Evaluation Committee McMurray reported that she received seven of the nine evaluations. The committee asked Trustees to fill it out again using the copy that included Craig's remarks. Using both for comparison, return them to Lubaroff in the Business Office by June 8. After that McMurray will reconvene committee, meet with SC and complete by last meeting in June. DISBURSEMENTS Review VISA expenditures for April. ICPL BOARD OF TRUSTEES MAY 28, 1998 PAGE 5 No questions Approve disbursements for April. Dellsperger/Martin SET AGENDA ORDER FOR JUNE MEETING Building follow up Set up dinner plans for July. ADJOURNMENT: Motion to adjourn at 6:30 pm. McM urray/Greenleaf. Minutes recorded and transcribed Martha Lubaroff Approved unanimously Agenda item 3A MINUTES PARKS AND RECREATION COMMISSION JUNE 10, 1998 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: PRELIMINARY Subject to Approval Barbara Endel, Ken Fearing, Judith Klink, Matt Pacha, Rex Pruess, Allen Stroh Bruce Maurer, Kathy Wallace Scott Kugler, Terry Trueblood, Mike Moran, Marilyn Kriz Gretchen Grimm, Richard Hoppin, Joe Kral, David Thayer, Dee Vanderhoef, Larry Wilson FORMAL ACTION TAKEN Moved bv Fearing, seconded by Klink, to aDprove the May 13, 1998 minutes as written. Unanimous. Moved bV Endel, seconded by Wilburn, to stronqly recommend acainst the Elks Club proposal to establish a ~olf drivin~ range on City DroDertV in the peninsula area. Unanimous. ELKS CLUB PROPOSAL A memo was distributed indicating the Ad Hoc Peninsula Parkland Committee met to discuss the proposal for the City to lease five acres of the Peninsula to the Elks Club for a driving range; the Committee recommended to deny the proposal. Trueblood stated the City Council would also like the Commission's recommendation. Klink supported the Ad Hoc Peninsula Parkland Committee recommendation and agreed with their reasoning that a driving range would require frequent mowing and maintenance contrary to the intent of the lower Peninsula as a low-maintenance natural area. Wilburn stated the Committee discussed at its first meeting there should be no active use of the Peninsula, and stated a driving range would be in direct conflict with the historical context of the Peninsula; Pruess concurred. Trueblood noted Kathy Wallace had also served on the committee and had called him to indicate she would not support leasing the land for a driving range. Pruess noted at one point there was discussion about putting a trail through this area which the Elks Club did not support. Trueblood noted the proposed trail would have gone through this area along the river to Taft Speedway. At this time, the Iowa River Corridor Trail segment will run along the roadway through the new housing development, across Foster Road to No Name Road, and tying into Taft Speedway. Trueblood stated the Commission could recommend approval of the Elks Club request on the condition that it grant an easement for trail purposes as previously discussed. He cautioned that it is unknown whether a driving range could co-exist with a trail, and a survey or plan would need to be completed to determine this. Parks and Recreation Commission June 10, 1998 Page 2 Klink asked what is located directly across from the area of the proposed driving range; Trueblood stated Rocky Shore Drive north of Crandic Park. Klink felt the driving range would be seen from the other side of the river, noting it would conflict with the natural impression of the area, even though it would be partially screened by natural vegetation. Stroh stated if a driving range is allowed on the peninsula area why not allow one at City Park, pointing out that allowing a private group to lease parkland would create a precedent. Endel indicated as the representative on the Riverfront and Natural Areas Commission that they would clearly articulate their opposition to a driving range on the peninsula area. Fearing noted the trees along the river in this area is a bald eagle habitat. Moved by Endel, seconded by Wilburn, to stronqlv recommend aqainst the Elks Club proposal to establish a qolf drivinq range on City property in the peninsula area. Unanimous. PEPPERWOOD ADDITION, PART 12 Scott Kugler from the City's Planning and Community Development Department addressed the Commission with respect to the proposed Pepperwood AdditiOn, Part 12. He noted it was a non-agenda item, but wanted to obtain the Commission's preliminary feelings on whether to ask for parkland or fees in order to give some direction to the developer. Kugler indicated there is approximately a 9.3 acre neighborhood open space deficit in this district. Napoleon Park is close by, but separated by Gilbert Street, and Wetherby Park is approximately 1 mile away. The neighborhood open space requirement for this development is approximately 1.5 acres. He asked the Commission if they would like to consider dedication of usable parkland to accommodate current and future development residents, or fees in lieu of parkland to apply to the area to the south when it is developed. Kugler stated the Planning staff in this instance, favors the idea of usable open space for an active-use neighborhood park rather than a natural preservation area. He noted the sensitive areas ordinance assures that the wooded ravine area in this development would be preserved. The consensus of the commission was that it would be inclined to request dedication of open space in this development. Kugler noted the proposed development would be placed on a future Commission agenda for its official recommendation. MISCELLANEOUS Wilburn encouraged members to read an article in the latest edition of U.S. News relating to how cities are aggressively pursuing certain themes to address urban problems. ADJOURNMENT The meeting adjourned at 4:30 p.m., with the commission departing for its annual park tour. MINUTES PLANNING AND ZONING COMMISSION JUNE 18, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Dean Shannon, Phil Shive, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Andrew Matthews, Anne Schulte OTHERS PRESENT: Tom Anthony, Steve Grobin RECOMMENDATIONS TO COUNCIL: Recommended by a vote of 7-0, that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ98-0029, a request to rezone 2.0 acres from CH, Highway Commercial, to CP2, Planned Commercial, for property located on the south side of Highway 1 at its intersection with Landon Avenue, be approved. Recommended approval, by a vote of 7-0, of amending the Zoning Chapter by adding a new subsection G to Article V. Minor Modification Procedures to allow the height of a freestanding sign to be increased by up to ten feet if the property is within 1,000 feet of a divided, limited access highway, and there is a difference in topographical elevations between the property and the highway, such that the visibility of the sign from the highway would be obstructed if the sign were limited to the maximum height permitted by ordinance. CALL TO ORDER: Chairpersori Supple called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT Of VACANCIES ON CITY BOARDS AND COMMISSIONS: Chairperson Supple directed any citizen interested in sitting on a City board or commission to check with the City Clerk's Office. REZONING ITEMS: CZ98-0029. Public discussion of an application submitted by Apex Construction Company to rezone 2.0 acres of land from Highway Commercial (CH) to Planned Commercial (CP2), for property located in Johnson County on the south side of Highway I at Landon Avenue. Miklo said the current CH, Highway Commercial Zone, on this property allows for a number of uses, but a contractors yard or shop is not one of them. He said the applicants are proposing to rezone the property to CP2, Planned Commercial, which allows many of the same uses but, in addition, would allow a carpenter's shop. Miklo said this zoning would also require a site plan review by the County. Miklo said this property is in an area that is already zoned commercial, and there are already Planning and Zoning Commission Minutes June 18, 1998 - 7:30 P.M. Page 2 established commercial uses in the area. He said this particular property would not require an additional access to Highway One, but an existing access point, a private street, onto Highway One would be used. Miklo said this would be consistent with the intent of the Fringe Area Agreement, and staff recommends approval of the rezoning. Supple asked if the CP2 zoning allowed anything besides the contractor's yard that might be of concern to the Commission, such as a gas station. Miklo said both the CP2 zone and the CH zone allow gas stations. He added that the uses that are allowed in the CP2 zone but not in the CH zone include lumberyards, carpenter shops, plumbing, heating, and electrical contractors, greenhouses, manufactured housing sales, and warehouses. Miklo said the CP2 zone is similar to the CH zone, but has a wider array of uses. Public discussion: Tom Anthony, Landmark Surveying and Engineering, 535 Southgate Avenue, said he would answer any questions the Commission might have. He said the applicants had submitted a request for rezoning a site on the north side of Highway One in the past that did not receive City approval. Anthony said the applicants found the land across the highway to be available and are now trying to rezone the property. Anthony stated that a concern of both the City and the County with the previous application was creating an additional access to Highway One. He said the existing access for this property off a private street would eliminate that concern. Ehrhardt asked Anthony if a lot of grading would have to be done at the site. Anthony said he did not expect to do a lot of grading, and the contractor is considering having a drive-in/walk-in basement on the bottom to give more square footage and preserve the ground that is there. He added that the required septic system would preclude a lot of grading, because it cannot be located in a disturbed area, and the two-acre parcel size would further limit the amount of grading that could be done. Public discussion closed. MOTION: Shive moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ98-0029, a request to rezone 2.0 acres from CH, Highway Commercial, to CP2, Planned Commercial, for property located on the south side of Highway 1 at its intersection with Landon Avenue, be approved. Ehrhardt seconded the motion. Ehrhardt said she was glad this was resolved and that the applicant had an opportunity to construct a carpenter's yard and shop. Bovbjerg said she agreed that this has been resolved well. She said the Commission made a good recommendation the first time, because of problems with that application, and this now appears to be the dght site for this business. The motion carried on a vote of 7-O. REZ98-0008. Public discussion of an application submitted by Dennis J. Langenberg to rezone an approximate 4,000 square foot property from Community Commercial (CC-2) to Planned High Density Multiple-Family Residential (PRM) for property located at 114 Wright Street. Miklo said the building on this property was originally a residence, but at some point was changed to a mixed-use building with a bar on the first floor and an apartment on the second floor. He stated that the Community Commercial zone allows that type of mixed use. Miklo said Planning and Zoning Commission Minutes June 18, 1998 - 7:30 P.M. Page 3 the owner recently converted the first floor to an apartment, which is not a permitted use on the ground floor in this particular commercial zone. He said to rectify the situation, the applicant is requesting that the property be rezoned PRM, which would allow apartments on the first floor. Miklo said this property is in an area that is in a transition from CC-2 to PRM zoning. He added that this is a fairly small property, and staff doesn't see the zone change as being significant. Miklo said in this particular case, staff doesn't anticipate any near-term redevelopment of the site. He noted that the goal of the PRM zone is to encourage higher density, so that it might be possible that this property could be combined with adjacent properties and redesigned at a higher density at some point. He said staff recommends approval of this rezoning. Public discussion: There was none. Public discussion closed. Supple said the Commission would hold two headngs on this item, as is its policy for a rezoning. MOTION: Bovbjerg moved to defer REZ98-0008, an application submitted by Dennis J. Langenberg to rezone an approximate 4,000 square foot property from Community Commercial (CC-2) to Planned High Density Multiple-Family Residential (PRM) for property located at 114 Wright Street. Gibson seconded the motion. The motion carried on a vote of 7-0. CODE AMENDMENT ITEM: Public discussion of a City-initiated amendment to City Code subsection 14-6V-3 to permit the allowable height of freestanding signs to be adjusted administratively through the minor modification process. Miklo said staff is proposing this Code amendment to allow greater flexibility for freestanding signs when they are within 1,000 feet of a divided, limited access highway. He stated that this would include Interstate 80 as well as Highway 218 on the west side of the City, but would not include any of the other highways in the City. Miklo said the proposal is intended to allow greater flexibility given changes in topography along those highways that may restdct visibility of signs. Miklo said a particular case exists in which a property owner in the Winebrenner subdivision approached staff about a variance or zoning change to allow a greater sign height, because the current 25-foot sign is not visible to traffic heading south on Highway 218. Miklo said this case did not meet the hardship tests for granting a variance, and staff felt the CH-1 zoning would not be appropriate here. He said the CH-1 zone is intended to encourage uses such as hotels and motels, which would not be appropriate given the lack of adequate sanitary sewer service available in this particular commercial subdivision. Miklo said staff felt an amendment to the Zoning Chapter would be appropriate in this case, not only for this property, but for others in this type of situation along a major highway, where visibility of a sign is restricted. Ehrhardt said the sign in this particular case seems so short compared to signs farther down on Highway 6 at the car dealership and at Carpetland. Miklo said those properties are actually in the County, in a triangular area that has never been annexed by the City, and the signs do not comply with the City's sign regulations. Planning and Zoning Commission Minutes June 18, 1998 - 7:30 P.M. Page 4 Supple said she thought this ordinance was very appropriate for this business and maybe even necessary. She stated that she was concerned about the potential of this being abused by other properties and asked if other property owners in the area would automatically be allowed to erect higher signs if they so requested. Miklo responded that as the amendment is written, the property owner would have to go through an administrative hearing with the City Building Official and would have to show that there is a difference in topography between the property and the highway such that visibility of the sign from the highway would be obstructed if the sign were limited to 25 feet in height. Ehrhardt asked if the monument business could erect a 35-foot sign. Miklo said that business is in the county, but owners of properties in the city could apply for a permit under this provision and would then be required to convince the Building Official that visibility of their sign was unduly restricted because of the topography. Ehrhardt asked if a statement regarding the nature of the business should be added to the amendment. Miklo stated that it would be very difficult to decide which businesses draw people from the highway and which do not. He said that could make the amendment somewhat cumbersome. Miklo said the amendment would basically provide the flexibility to have a sign ten feet taller than the current sign ordinance allows. He said staff feels it would be reasonable for taller signs in those areas under certain circumstances. Supple asked if tall trees would be considered part of the topography. Miklo replied that they would not. Public discussion: Steve Grobin, Ely, Iowa, said he is the manager for Citgo Petrol N Provisions. He said his sign is currently at the 25-foot limit with 125 square feet per side as per the restrictions under the C1-1 zoning. Grobin said the Highway 1 roadbed is six to seven feet higher than his current elevation on the Winebrenner development and really makes his sign visibility limited. Grobin said he has an approved site plan for Highway 218 for a second freestanding sign. He said the sign company floated a balloon up to the 25-foot height, and it could be seen ddving northbound,. but could not be seen by southbound drivers, even at the exit ramp until the ddver is about halfway up the ramp. Grobin said he would like to have a sign high enough there so that it could be lit up at night and travelers on the Avenue of the Saints could see that there is something at that exit. Ehrhardt asked if southbound drivers would be able to see a 35-foot high sign. Grobin said they would. He said 35 feet was the bare minimum needed for exposure of his signs. Public discussion closed. MOTION: Chait moved to amend the Zoning Chapter by adding a new subsection G to Article V. Minor Modification Procedures, to allow the height of a freestanding sign to be increased by up to ten feet if the property is within 1,000 feet of a divided, limited access highway, and there is a difference in topographical elevations between the property and the highway, such that the visibility of the sign from the highway would be obstructed if the sign were limited to the maximum height permitted by ordinance. Ehrhardt seconded the motion. Bovbjerg said this is a good example of a situation that results from topography. She said instead of being rigid about it, staff has found a way to work this out. She said the amendment speaks to flexibility without throwing open the entire zoning ordinance. Planning and Zoning Commission Minutes June 18, 1998 - 7:30 P.M. Page 5 The motion carried on a vote of 7-0. CONSIDERATION OF THE JUNE 4, 1998 PLANNING AND ZONING COMMISSION MEETING MINUTES: Bovbjerg said that on page 3, the third paragraph, the fourth sentence should be changed to read, "...but at the 50% threshold ...... " MOTION: Ehrhardt moved to approve the June 4, 1998 minutes, as amended at the formal and informal meetings. Shive seconded the motion. The motion carried on a vote of 7-0. PLANNING AND ZONING INFORMATION: Shive said he would be unable to attend the June 29"' and July 2'~ Commission meetings. ADJOURNMENT: The meeting was adjoumed at 7:59 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte plxladme'b'mms/p&zO618.doc Y.'30 'P.m. Z /0. 12. J POLICE CITIZENS REVIEW BOARD MINUTES - June 9, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, M. Raymond, J. Watson and P. Hoffey. Board member absent: P. Farrant. Staff present: Legal Counsel D. Russell and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by J. Watson and seconded by L. Cohen to adopt Consent Calendar. Motion carried, 4/0, Farrant absent. RECOMMENDATION TO COUNCIL None PROCEDURE FOR COMPLAINTS FILED AFTER 60 DAYS It is the recommendation of legal counsel that a "complaint received after sixty days should be assigned a complaint number by the staff and placed on the next meeting agenda for discussion. It should not be sent to the Police Chief or City Manager at that time. A copy of the untimely complaint should be provided to each board member in the meeting packet. By motion and vote the board should determine whether the complaint will be dismissed under Section 8- 8-3D. If the board decides to dismiss the complaint, the staff should forward a copy of the complaint to the Police Chief or the City Manager pursuant to Section 8-8~7A. The complaint should be accompanied by a memo stating that the complaint has been dismissed as untimely and that investigation by the Chief or City Manager is not required by Chapter 8 of the City Code. If the board requests an investigation be done anyway, it may do so but the Chief or City Manager then has no obligation to investigate the matter. If the board determines that the complaint is timely and should not be dismissed it may then be sent to the Police Chief or City Manager as would any other complaint following the decision of the board." Regarding timeliness of a complaint, 8-8-3D of the ordinance provides "All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct." Legal counsel further stated the board should following Section 4.1 (34) of the Code of Iowa in determining timeliness of a complaint. Alter discussion, Motion was made by M. Raymond and seconded by P. Hoffey that the board adopt a procedure to-wit: when the staff receives a complaint which appears to be untimely, the staff shall take no action with that complaint other than to refer the complaint to the full board for determination of timeliness. Motion carried, 4/0, Farrant absent. COMMUNITY FORUM Board members continued their discussion regarding the community forum, to include: · Opening remarks by the chair · Board members are not compelled to answer questions at the forum which do not relate to policies, procedures or practices, however citizens may speak to any issues they choose. · The forum will be considered as a business meeting, with notice and agenda; · Correspondence and other documents will be accepted by motion at the end of the forum and will be reviewed by the board; · Those persons who speak or write to a specific issues will be notified when that issue is to appear on the PCRB agenda; · Board members directed staff and legal counsel to be present at the forum; · Administrative assistant Sandy Bauer will keep track of the five- minute time limit for the Chair. · The room arrangement for the forum was agreed to, with nameplates and mies for each of the board members at the 'front table, and a rnic at the podiurn; · Board members would like a videotape of the forum in the event they wish to view it again. · Handouts (complaint forms and ordinance) will be placed on a table inside the door. STANDARD OPERATING PROCEDURES · Public hearings procedure will be extrapolated from legal counsel's memo regarding same; · Conflict of interest issues are addressed in the PCRB bylaws so do not need to appear in the SOP's; · Chair requested board members let him know of any comments, or items to be added or deleted. · Together with staff, Chair will put the SOP's into form and resubmit them to the board in July; The PCRB annual report will be addressed by the end of July. PUBLIC DISCUSSION None MEETING SCHEDULE Meeting schedule agreed to: · Special Meeting June 25, 1998 - 7:00 P.M. · Special Community Forum June 29, 1998, 7:00 P.M.- Library, Conference Room A; · Special Meeting July 9, 1998 - 7:00 P.M. · Regular Meeting July 14, 1998 - 7:00 P.M. BOARD INFORMATION Staff reported on office contacts, to include nine telephone calls and four in-office contacts to the PCRB office from January 1, 1998 to May 31,1998. The board agreed that the substance of such contacts be included in such reports. After discussion, it was also agreed that contacts to board members should also be reported on a regular basis. Three board members reported recent contacts. The board directed staff to include Staff Information on future agendas. Staff was directed to place the discussion of the PCRB complaint form on the agenda in July. In response to whether an attorney who is representing a complainant can also serve as a PCRB mediator, legal counsel advised that the mediator is barred from serving in that case, but may mediate other PCRB cases. ADJOURNMENT Motion for adjournment by M. Raymond and seconded by L. Cohen. Motion carded, 4/0, Farrant absent. Meeting adjourned at 8:20 P.M. MINUTES SENIOR CENTER COMMISSION TUESDAY. MAY 19, 1998 MEMBERS PRESENT Bebe Ballantyne, Wilma Conner, Joanne Hora, Terd Miller, Allan Monsanto, and Philip Zell MEMBERS ABSENT Kenneth Mobily, Deborah Schoenfelder and M. Kathryn Wallace STAFF PRESENT Michelle Buhman, Linda Kopping, Julie Seal and Susan Rogusky BOARD OF SUPERVISORS Jonathan Jordahl, Steve Lacina, Chades Duffy, Joe Boikom, Sally Stutsman GUESTS PRESENT Patrick White, Richard Thomas, Joyce Thomas, Bob Welsh, Mike Foster CALL TO ORDER Miller called the meeting to order at 3:00. MINUTES Motion: To approve April minutes as distributed. The motion carried on a vote of 6-0. Ze!l/Monsanto. PUBLIC DISCUSSION None. JOINT MEETING OF THE SENIOR CENTER COMMISSION AND THE BOARD OF SUPERVISORS Senior Center Contract (28E A.clreement)/Space Bolkom-The 28E Agreement between the City and the County was negotiated in 1981. The contract operates on an automatic renewal basis and has been approved for the upcoming year. At the time the 28E Agreement was negotiated, both the Congregate Meal Program (now Senior Dining) and Seats were given space in the Center. Stutsman- asked if the Board was interested in making adjustments to the contract due to the fact the SEATS and Adult Daycare programs are no longer housed at the Senior Center. She explained that the County uses less space, continues to pays 20% of the operational budget, and has additional costs related to the relocation of the SEATS program. Miller-asked if there was a square footage amount stipulated for county program in the 28 E Agreement. MINUTES SENIOR CENTER COMMISSION TUESDAY, MAY 19, 1998 2 Bolkom- responded that SEATS used approximately 352 square feet of building space and had three parking spaces for SEATS vehicles. The county is still paying the same percentage it did in 1981 as well as additional rent and utilities for the SEATS program totaling approximately $18,000 per year. At one time the County also funded the Adult Day Program (ADP) which is now run by Pathways. Bolkom is not sure if ADP was covered under the 28E Agreement. Kopping- responded that the 28 E Agreement states "other county funded agencies'. That would include Visiting Nurses Association (VNA), Eldedy Services Agency (ESA), Senior Dining, and Senior Peer Counseling. Miller - questioned whether or not the 28E Agreement stipulated a square footage amount that is to be available for county funded agencies. Bolkom - it only referred to those two programs back in 1981. Zell - questioned if the only change to the county participation in the center since 1981 was the relocation of SEATS. Have there been any space increases or decreases in other county funded programs which have remained in the building? Kopping - would have to look at the space originally allocated for county funded programs and compare it to current usage. Monsanto - how long ago did SEATS move out? Boikom - 1991. Monsanto - in other words, the contract has been renewed numerous times since SEATS left. Stutsman - the County has been conducting a space needs study of county-funded employees. The study indicates that the Senior Dining program prepares a large number of meals in a limited space. The kitchen and Senior Dining offices need to be expanded. Moreover, additional dry storage space is needed in order to allow bulk purchases at reduced costs. Bolkom - to be more specific, the program has four employees working out of a small office. Kopping - does the county want to expand the kitchen area? Stutsman- the assessment from the architect found that the Senior Dining program prepares 400 meals a day out of a small area, ideally there should be more space. The county has no intention of moving the Senior Dining program. Bolkom - the lack of storage space for dry goods prevents the Senior Dining program from buying food in bulk. Zell- questioned if the Board had an expectation that the 20% contribution to the operational budget would result in 20% of Senior Center space being allocated to county funded agencies. White - who identif'~d himself as the author of the 28E Agreement, responded that this was not an original expectation. The intent of the odginai agreement was that the Senior Center Commission would manage this facility and make policy recommendations to both the City Council and the Board of Supervisors. The County believes their participation has been minimized over the years and falls short of the odginal intent. The 28E Agreement is not renewed annually. Only the budget comes up for annual consideration. MINUTES SENIOR CENTER COMMISSION TUESDAY, MAY 19, 1998 3 Zell- questioned how the Senior Center could give more space to the Senior Dinning program and still keep adequate space available for Senior Center programming. White- responded by saying the Senior Center needs to set immediate priorities for the short run and acquire more space in order to achieve a more permanent resolution in the future. He suggested the City and County share a project, much like the 28E Agreement, that would provide additional space and parking for Senior Center programs and service providers. Also suggested the inclusion of additional elderly housing and a covered all weather shelter and ddve up facility for both Ecumenical Towers and the Senior Center. Monsanto-questioned expanding up. Kopping- responded that the building structure would not hold any more floors. Jordahl- said that White's ideas for expanding in the long term are good but they need to look at the immediate needs of the Senior Dining employees and storage space for dry goods. The Senior Dining program also needs space for a washer and dryer on the premises. Zell- asked if the County had an idea of exactly what they wanted in terms of additional space, how it should be allocated, where it would come from, and what should be located in these areas. Foster- suggested converting the Senior Dining bathroom into a laundry area and the expansion of the Senior Dining office into the Assembly Room. Office space needs to be located directly off the kitchen to facilitate operations. Bolkom- the county does not have any predetermined ideas of where the space would come from. Zell - commented that programming in Senior Dining has expanded in type and quantity, but this expansion has not been done in cooperation with the Senior Center staff. Yet, it is falling on the Senior Center staff and Commission to accommodate those changes. Nutrition Director as Adjunct Member of Senior Center Staff Bolkom- asked if the Senior Dining director might become an adjunct Senior Center staff member and participate in Senior Center staff meetings. This would foster communication and participation in decision making. Miller-the Connection Committee was formed to achieve this goal and ultimately was ineffective. Zell - questioned if that would mean Mike Foster would be working for Linda. Kopping- explained that after numerous meetings, participation in the Connection Committee was waning and Mike Foster, Jean Mann, and Linda Kopping agreed to disband. The three believed there were no substantive communication problems among the Senior Center and in-house agencies. Duffy- noted that the Commission reports to the Board of Supervisors on a monthly basis. MINUTES SENIOR CENTER COMMISSION TUESDAY, MAY 19, 1998 4 Parkinq Bolkom-the Senior Dining program would like to have designated volunteer parking spaces in the North Lot. Foster- noted that the current approach implies that the Senior Dining volunteers are of lesser importance than Senior Center volunteers are. Miller-noted that the 28E Agreement allocated building space to County programs, but not parking space. Miller - closed the joint meeting by declaring that the issues brought forth would be discussed at the June Commission meeting and thanked the Board of Supervisors for their input. The commission then continued with their regular meeting. COMPILATION OF PARKING ISSUES FOR PRESENTATION TO CITY COUNCIL The commission reviewed and pdodtized parking issues highlighted at pdor Commission meetings, the Coundl of Elders Parking Concerns meeting and by the Senior Center Survey Analysis Committee, The Commission will draft a letter to the City Council regarding parking issues and follow up with a visit to the June City Council Meeting. SENIOR CENTER UPDATE Operations- Kopping The Survey Committee has lost three members this month. The committee will have a meeting to reorganize and begin working with the focus group information compiled by student intern Andrea Hansen. Estimates for automatic locking devices for the Linn Street door have been requested. The architectural drawings for the Washington Street entrance and Linn Street railings have been reviewed. Work on these projects should begin this spdng. Kopping has purchased the pre-cor treadmill and the Tectdx recumbent bike. Programs - Seal Events occurring in June were reviewed. Volunteers - Rogusky An update of volunteer programs and opportunities were given. COUNCIL OF ELDERS - Visitor A report from the Council of Elders was given. COMMISSION VISITS City Council - No report available. MINUTES SENIOR CENTER COMMISSION TUESDAY, MAY 19,1998 5 Board of Supervisors A report of the Board of Supervisors meeting was given. COMMISSION DISCUSSION Goal Review and Action Statement Development Discussion postponed until the next meeting, Motion: To adjoum, Motion was carried on a vote of 6-O. Monsanto/Zell The meeting was adjourned at 5:00.