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HomeMy WebLinkAbout1998-08-25 Bd Comm minutesMINUTES BROADBAND TELECOMMUNICATIONS COMMISSION JULY 27, 1998 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Steve Hoch, Betty McKray, Steve Pusack, Cordell Jeppsen, Cathy Weingeist STAFF PRESENT: Shaffer, Hardy, Matthews RECOMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION PATV will be signing a lease for a building on S. Dubuque St. tomorrow. It is hoped that service to the public can resume by August 3. PATV staff has made several recommendations regarding programming. Those recommendations will be finalized at the the next PATV Board meeting and forwarded to the BTC and City Council. The proposed Telecommunication Ordinance is being reviewed in light of the state legislation which severely limited what cities might do and undercut some of the major provisions which had been included. City Manager Arkins called a meeting to look at the full range of public right-of-way issues and how the city might deal with them. Rice, Williams submitted a technical report reviewing the system rebuild. Shaffer will send TCI the report and a letter asking them how they will address.-the few problems identified. Matthews reported that work on a draft franchise for McLeod has been proceeding at an expedited pace in an attempt to meet the deadline to put the issue on ballot in November. Shaffer said the goal of the City is to set a up a level playing field for McLeod and TCI. Hoch said rather than using the existing TCI franchise as a model the City should enter negotiations with McLeod requesting the items the City was unable to receive from TCI. Pusack said each cable provider could have a minimum level of service as expressed in the respective franchise agreements and would compete in going beyond those requirements. Hoch said he wants to constantly raise the minimum requirements. Pusack said the expidited timetable itoes not give enough time to sufficiently consider the issues . Pusack said there may not be enough time to have an educated vote on the issue even if the City would be in a position to sign a contract. APPROVAL OF MINUTES It was moved by Pusack, seconded by Hoch to approve the June 22, 1998 minutes. The motion passed unanimously. ANNOUNCF, MF, NTS OF COMMISSIONERS None. SHORT P~IB_! ,IC ANNOUNCEMENTS None. SENIOR CENTER REPORT Bennett reported she has been back from Europe for just one day. mixer purchased partly with pass-through funds has arrived. The new ECC REPORT.--- --- ' No report. PATV REPORT Paine reported that the community forum held by PATV went well.' IPATV will be signing a lease for a building On S:' Dubuque St. tomorrow. It is hoped that service to the public can resume by August 3. Cablecasting is continuing to originate from the library. PATV trained several youth during a six week youth leadership program. A video of the training program was produced. Three members of the City Council attended the. Guidelines Workshop. PATV staff has made several recommendations for programming revisions. Those recommendations will be finalized at the the next PATV Board meeting and forwarded to the BTC and City Council. The recommendations center on educating producers on their rights and responsibilities. Paine said any recommendations' could come before the BTC at the August meeting and the Commission would be in a position to advise the Council on the issue. LIBRARY REPORT Fisher reported that activity has slowed down with the end of summer. LEGAL REPORT Matthews reported that work on a draft franchise for McLeod has been proceeding at an expedited pace in an attempt to meet the deadline to put the issue on ballot in November. A special BTC meeting will need to be held to review the proposed franchise and make a recommendation to the City Council. TCI REPORT Martel displayed a map indicating where the rebuild has been finished and where work is in progress. The storm did slow down progress. There has been a large number of calls relating to the rebuild outages. Martel said it is still expected that the rebuild can be completed by August 31, 1998. Hoch said subscribers have not been noti~cated of outages. Martel said he will discuss this with TCI's contractors. An increase in advertising may be pursued as well. Subscribers will receive credit on their bills if they call TCI, report that they had no service, and request credit. CABLE TV ADMINISTRATOR REPORT Hardy reported that the~Media Unit activity has been somewhat slow but will pick up as the election season starts. Keri Stokstad has been hired as the Community: PrOducer. Shaffer reported that he received information from the University of Iowa on the _fiVe entities that responded to the RFI. The cable TV office will not be purchasing the-previously discussed as the joint facility as PATV will not be moving in with the cabte:~office at this time. The cable TV office is looking for a building to buy and'must be out of the Civic Center in about nine months. The-proposed Telecommunicatibn Ordinance is being reviewed in light of the state legislation which severely limited what cities might do and .undercut some of the major provisions which had been included. City Manager 'Arkins 'called a meeting to look at the full range of public right-of-way issues and how the city might deal with them. Shaffer said he will continue to pursue the BTC's role of advocacy and' education in such an ordinance. The BTC concurred they would like to see this role included. Rice, Williams submitted a technical report reviewing the system rebuild. Shaffer will send TCI the report and a letter asking them how they will address the problems identified. Overall the plant was seen to be in good shape. Rice, Williams is not concerned with the number of homes per node. A final report on the rebuild will also be submitted. InfoVision statistics have been compiled using caller id for the past five months. There has been about 13,000 calls. In that time there were 3,000 new users. The average number of calls per phone was 4.5. Shaffer reported receiving 16 complaints--including 5 outages, 4 about TCI's phone being constantly busy, 2 on damage to' sewer lines, 1 on TCI being rude on the phone, 1 wanting a la carte channels, and 1 saying that being billed in advance is not a fair practice. SYSTEM REBUILD The system rebuild was covered in the TCI report. Jeppsen asked about the bandwidth of the @Home cable modem service. Martel said 10 megabits per node are available. Jeppsen said that if every subscriber connected to the system subscribed then the l0 megabits would be shared by 1200 homes. Martel said that was essentially correct. but subscription rates will be well below that level. If there comes a point when the @Home system cannot deliver the service claimed nodes or servers would be added. Pusack and Jeppsen requested additional information on experiences in other communities with @Home. : MCLEOD CABLE TV FRANCHISE )~,.' Shaffer report that ihe City _has been meeting with McLeod and has provided them a list of the deadlines they need to meet to get on the ballot in November. They would have very little time to negotiate any differences from the TCI franchise. The goal of the City is to set a up a level playing field for McLeod and TCI. If the-issue were to make the November ballot it would have to have public hearings by the City Council and get to the County-Auditor by August 25, 1998. The Commission may wish to have a special meeting in August to make a recommendation to "the Council on the proposed franchise. Hoch said rather than using 'tile 5eXisting TCI franchise as a model the City should enter negotiations with McLeod requesting. the_items the City was unable to receive from TCI. Matthews said McLeod has-indicated that they are interested in coming' to Iowa City only under the same conditions as TCI. Shaffer said there are legal considerations'ai iitell. Significant differences for McLeod would give cause for TCI to claim'they' are not being treated in a competitively neutral manner. The 1996 'Tel/communications Act contains language mandating an equal playing field. Pusa_ck said each cable provider could have a minimum level of service as expressed in the respective franchise agreements and would compete in going beyond those requirements~ Hoch said he wants to constantly raise the minimum requirements. Matthews said there are two issues which need to be considered. First, there are legal ramifications of not having a level playing field. Second, there is the desire to have competition. Hoch said he does not underitand' why the current agreement is being used as a model. Pusack said the hurried timetable does not give enough time to consider the issues sufficiently. Matthews said, it is possible that if the City delays action McLeod may focus their activities on other-communities and Iowa City could become a low priority. Hoch said that, for example, if McLeod were to be required to provide 50 channels, then TCI would have to provide the same to compete. Weingeist'said if because of the City's restrictions they must charge more than TCI then competition would not develop. Weingeist said a level playing field must be established so the competing cable operators can compete for customers. Competition will not evolve from negotiating with the City for what they need to provide as a minimum. Jeppsen asked about the legal ramifications if higher standards were required from one competitor. Matthews said there is not specific language, but that they must be treated similarly. Shaffer said the City's franchise with TCI has been viewed with a great deal of envy by other communities. Compared to other communities Iowa City has received much more in 'their franchise agreements. Shaffer said that it is his opinion that it is not to the City's or consumers' advantage to put off a franchise with McLeod. Hoch said he is concerned that the timetable will not allow the City to include items in the franchise which McLeod might easily agree to such as the completion date of the system build-out;- Pusack said there may not be enough time to have an educated vote on the issue even if the City would be in a position to sign a contract. Matthews clarified that a:' finished franchise agreement would be needed by August 25. Hoch suggested Commissioners meet individually with Shaffer to become better educated between now and any special meeting. The ballot issue would be on accepting the franchise agreement. Jeppsen moved and Weingeist seconded a motion to hold a special BTC meeting to discuss the proposed cable TV franchise with McLeod, The motion passed unanimously Pusack urged the school system to increase their cable TV'coverage of the Strategy II meetings. It was moved by Hoch, seconded by~'Weingeist to adjourn. The motion passed unanimously, Respectfully su~~/d, Wm.~Shaffe~r~~.'~. Cable TV Administrator MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 1998 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: MEMBERS ABSENT: Ann Bovbjerg, Benjamin Chait, Pare Lea Supple Dick Gibson, Phil Shive Ehrhardt. Dean Shannon, STAFF PRESENT: Bob Miklo, Andrew Matthews, Anne Schulte CALL TO ORDER: Chairperson Supple called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Supple said that those living in Iowa City had certain privileges and responsibilities and urged those present to consider serving on a board or commission. She said this provides an opportunity to give input and gives the City the benefit of the board member's knowledge and experience. REZONING ITEM: REZ98-0010. Public discussion of an application submitted by Cecile Kuenzli et al. to rezone approximately 22 acres of land from Medium Density Single-Family Residential (RS-8) to Low Density Single-Family Residential (RS-5)for property located in the Summit Street Histodc District. Miklo referred to staffs follow-up memo clarifying questions that arose at the previous meeting. He said the property at 325 South Summit Street is not currently zoned RNC-20, Medium Density Multi-Family Conservation zone, as originally shown on the map, but is zoned RS-8. Miklo stated that the three units on the property are therefore nonconforming. He said that because of its current zoning and the fact that it is across the street from single-family homes, staff is recommending that it be included in this rezoning. Miklo said the owner of the property was notified of that recommendation. Miklo said the two properties staff recommends for exclusion are the sorority, which is zoned RNC-20, and the existing six-plex. He said in addition to having higher densities, these properties have frontages on an artedal street, Burlington Street, as well as on Summit Street, so they are at the entrance to the neighborhood. Miklo said excluding these two properties from the rezoning would be consistent with the Comprehensive Plan guideline of putting higher densities at major intersections. Regarding nonconforming uses, Miklo said the memo points out that if a nonconforming use is damaged by fire or natural disaster, if any part of its assessed value remains, the building could be rebuilt to its nonconforming status. He added that if a building is destroyed to 100% of its assessed value, it could not be rebuilt as a duplex, but would have to conform as a single-family dwelling. should this rezoning be approved. Miklo cited Holecek's memo regarding John Shaw's Planning and Zoning Commission Minu~s August6,1998 Page 2 proposal to possibly amend the nonconforming ordinance to provide some further lenience for nonconforming duplexes in 'historic districts. He said Holecek's basic recommendation is that any proposed amendment would need to be studied. Miklo referred to the letter from Bradford Houser regarding the proposed rezoning and his question about the nonconforming status of many of the lots. Miklo said there is a provision in the zoning ordinance that says that single-family homes are not nonconforming, that they always conform, regardless of their zone. He said even though some of the single-family homes on the list submitted do not have adequate lot width or area as required by the RS-5 zone, the zoning ordinance would always allow those homes to be rebuilt or expanded as single-family homes even if destroyed to 100% of their value. Bovbjerg asked if these single-family homes were to expand, would they still come under the setback requirements and percentage of lot coverage requirements, and Miklo confirmed this. Bovbjerg asked how the property at 325 South Summit should-be considered. Miklo said it should be considered as part of the rezoning, as it was part of the original application. Bovbjerg asked if anything could force this property, as a triplex to go down to a duplex. Miklo responded that it is legally grandfathered in under- the existing RS-8 zoning, and would be as well under the proposed RS-5 zoning: Public discussion: Cecile Kuenzli, 705 South Summit Street, said she has lived in Iowa City for 28 years and on Summit Street for the past ten years. She said she has been involved in neighborhood affairs and has seen multi-unit growth coming from the west, on College Street and Summit Street, as well as down Sheridan Street. Kuenzli said she has talked to people involved in historic preservation and in the community at large, and they have stressed that neighborhood preservation is a question of zoning. She said that is why she is asking for a downzoning to RS-5. Kuenzli said this is a histodc district and what' is histodc about it is the single-family residential nature of the street. She said the RS-8 designation makes it possible for non-single family houses to be built. Kuenzli said to preserve the histodc character of the street, which represents a way of life and type of construction that no longer exists, the downzoning should be approved. She said this would enhance people's property and make it a more desirable place to live. Kuenzli said the street, as it exists, is a source of pdde for the entire community, and people go down the street because they enjoy going past the large houses and the large lots. Kuenzli said there are 28 people in the neighborhood who signed on as co-applicants. She said the reason for that is there are many people, who live on Summit Street who would like to see this happen. She added that there are 54 lots within this area. Woody Houser, 803 South Summit Street, said he asked to subdivide a lot at 803 South Summit Street last winter. He added that he grew up in the Longfellow district and has a long history in the area. Houser said he was very impressed with the way the neighborhood has revitalized the area in the last 25 years. He said he was very much in favor of histodc preservation and said it is needed all over the country. Houser said his plans for splitting the lot include the construction of a duplex in order to house his father in the lower level and rent out the upper level so that the house would pay for itself. Planning and Zoning Commission Minutes August 6, 1998 Page 3 He said the garages would be built in the back for the present unit and also for the proposed unit so that parking is taken off the street at that end of the block. Houser said he and his brother have plans to work with the Historic' Preservation-Commission to get the south end of Summit to look more like the north end, even with a new building. He said the properties from Sheridan Street south do not look like the rest of the street; it contains two ranch houses, duplexes, and a commercial property. Houser said he is hoping to design something with the help of the Histodc Preservation Commission that would enhance the area, at a reasonable cost° Houser said Kuenzli was good about calling him right away to:ask what he would do with the lot. He said she told him about the encroachment of rental units. He said he did not see it, and they are no closer than they have been for some time. Houser stated that in that neighborhood it is too costly to buy one of those houses and convert it to a duplex, and even though it is now feasible with the present zoning, it is not going to happen. ' Houser said he checked into building permits issued for Summit, Govemor, and Clark Streets in the 300 to 800 blocks. He said there were a few additions and remodeling projects, but no entirely new residences since-1991, the point at which the files were converted to computer. Houser said he wondered why the staff report recommended the exclusion of the properties at the north end, but not the south end 'where all the duplexes are located. He said according to his figures, if the downzoning is approved, almost 35% of the properties would become nonconforming. Houser said if the 800 block were excluded, that figure would go down to 20%. He said if the north area were added in and the entire preservation district was downzoned, the nonconformities would compdse almost 40% of the lots. He 'added that there presently is only one nonconforming lot. Houser said approval of this rezoning would result in 18 nonconforming properties, but if the 800 block were 'excluded, that would drop to ten nonconforming lots. He said that of those ten, only four would be duplexes, and they are scattered in the 400 to 600 blocks. (Editors Note: According to the City Assessors records, 16 percent of the properties would become nonconforming if the rezoning is approved as proposed.) Houser said he would like to see the 800 block exempted because of the number of duplexes on that end. He said an exemption from Sheridan Street south would really lower the number of nonconformities. Houser said he was concerned about what the effect would be to the rest of the block should this be downzoned. He said Section 14-6T-1 says that single-family uses shall not generally be treated as nonconforming. Houser said this is a gray area in the code. Miklo said the following sections of the code are more specific and clarify the language indicating that single-family properties never become nonconforming. Houser said there is always some doubt. Houser said he is concerned about the resale value of the nonconforming properties, adding that the nonconformity creates a latent defect on the lot that has to be disclosed when the property is sold. Ehrhardt asked what happens when a homeowner of a nonconforming, single-family residence wants to put on an addition. Miklo said the zoning ordinance has a provision for single-family homes so that they never become nonconforming. He said the property owners of these properties have the same rights as owners of conforming properties and that, other than a building permit and historic preservation approval, no special permits are required to rebuild after a fire or to add an addition. Supple asked how far the historic district extended. Miklo showed the borders of the district on the map. Planning and Zoning Commission Minutes August 6, 1998 Page 4 Donald Macfadane, 620'South Summit Street, said he would to glad to welcome Houser's father to Summit Street. He said he did .not think the rezoning would make any difference and that Houser would be able to build a fine house for his father to move into. Macfadane said he believed it would be a better house if it were in a distdct zoned RS-5. He added that the fact that it is on Summit Street in a neighborhood where people deeply care about the neighborhood will enhance the value, not decrease it. Macfarlane said it was not clear to him that rezoning now would prohibit Houser from building a duplex on a vacant lot. Macfarlane said the reason the lot is narrow is because it has been divided, not because it started out as narrow. He said the statement that there will not be more duplexes on Summit Street, because it is too expensive is wrong, because Houser's proposal is to build a duplex. Macfariane said he would not want to see more duplexes on Summit Street because it damages the intrinsic family value of the property. He said this is expressed through the historic district, through the vigor with which the neighbors maintain their properties, and through the enormous amount of cooperation and the large number of people who have asked that this region be downzoned to RS-5. Macfadane said he hoped the south part of Summit Street would be enhanced over the next generation or. two, and he thought the downzoning to RS-5 would help Summit Street .to get better and better and become a jewel on the east side of Iowa City. Cecile Kuenzli said Houser's statements only confirm the rightness of the reason for applying for this downzoning. She stated that in the last-three to five years, all of the new construction in the entire Longfellow District, not just Summit Street, has-been duplexes, including seven acres of duplexes at the ADS site. Kuenzli said this is proof that this downzoning is needed to preserve the character of the street. Trudy Riley, 540 South Summit Street, said she has lived on the street since 1962. She said she was concerned about the valuation of the property. Riley said her lot was 50 feet wide, and should she try to sell the house, a buyer might look at the house and decide he could not rebuild because the lot is too narrow to fit the qualifications. Miklo said because hers is a single-family home, it would be considered legally conforming and could be rebuilt or added onto at any point. Bruce Willy, Cedar Rapids, said he is an attorney representing Brad Houser. He said he believes the staff's interpretation of the statute is incorrect. He said the section in the Code states that a single-family home shall not generally be considered nonconforming. Willy said that further on in the statute in Section 14-6T-2-B the same language is repeated in the body of the ordir3ance..He said there is no absolute exception in that statute for a single-family home. Willy said that it says generally if the building commission has adopted a policy that allows it, it may be fine, but there is no absolute exception anywhere in print. Miklo read from the statute, "Nonconforming single-family use and/or nonconforming single- family dwelling and accessory structures on a nonconforming lot shall be granted the same rights as above and any other lots as if the lot were conforming." He said the statute goes on to say, "A nonconforming single-family use and a non-conforming single-family dwelling and accessory structures shall also be granted the same rights as other nonconforming uses and structures." Miklo said this is Section B, one through four. Sue Travis, 405 South Summit Street, said she totally supports the proposed downzoning for Summit Street. She said it is very clear that it is a great idea to downzone Summit Street. Travis Planning and Zoning Commission Minutes August 6, 1998 Page 5 said she received information from Houser suggesting that people rally to prevent the rezoning, but she is all in favor of the rezoning, Gary Wede, 1 Oak Park Lane, said he is a partner in the properties located at 809, 811,815, and 817 South Summit Street. He said he was unaware of what was taking place until he received a letter from Houser. Wede said his duplex lot at 809-811 South Summit Street is now 40 feet wide and 234 feet deep. He asked who would assess the amount of damage if his building should be destroyed. Miklo said the building official works with the property owner and the assessor may also be called in. Wede asked what would happen to his lot, if this were downzoned to RS-5. Miklo said that in this case, because the building is a duplex, if destroyed to 100% of its assessed value, the lot could be rebuilt with a single-family home but not a duplex. Wede asked if it is guaranteed that if the building is destroyed, he could still put a single-family home on the lot, and Miklo confirmed this. Wede said the City assesses him yeady for taxes, because this is a duplex, and now staff wants to downzone and lower the value of those properties. He asked what he would do if he wants to sell in the future and cannot make back the money he has invested. Miklo said that is a dsk that is taken with owning any property. W. ede asked if it is a dsk he takes because he bought the property knowing what he could do or a dsk that he takes buying the property knowing what he could do and then having it downzoned. Supple said that staff has responded to a request from the neighbors, and that request has been researched by staff and is now before the Commission. She said many people come to the City and ask for a change in zoning and are given direction by staff as to the process of rezoning. Supple said the staff does not make decisions, but does research and makes recommendations based on that research. Chait said il~"Werl~'s property is maintained and the standard of quality is maintained, then the property would remain a duplex for as long as it can stand, and the value could appreciate as long as the quality remained. Chait said no one is taking away a current dght of the property owner, and he felt a property that is well maintained is less likely to bum down so that the likelihood of losing the property to some catastrophic event would be minimized. Chait said Wede would not be losing anything and could still sell the property for more than he paid for it in a market that supports quality. Wede said he wanted to make sure the possibility of putting the building back the way it was would still be intact. Chait said the likelihood of a catastrophe that would take out the foundation is slim. Wede asked if the foundation was considered part of the 100%. Miklo replied that it has been considered in past cases. Bovbjerb asked Wede if he were under the impression that he could not sell his property as a duplex. He said he had received differing information from many people. Bovbjerg said it could still be sold as a duplex, and no one was taking away that right. Brad Houser, 3693 Johnston Way N.E., said the property values of the lots on the south side that contain duplexes will be devalued because those properties will not be as salable since they cannot be rebuilt as duplexes if something does happen to them. He said there are a lot of nonconforming properties on the south end of the street. Houser said he and his brother bought their property as a duplex and want to keep it a duplex, .even if something happens to it in the future. He said the average assessed value per house on the street is $180,000. Houser said Planning and Zoning Commission Minutes August 6, 1998 Page 6 such a house-cannot be split into two without making improvements, and it just would not pay to convert sucha house .into a duplex. He said he bought. the property with an intended use and intends to work with the Histodc Preservation Commission for the proposed building. Supple asked what standards an-appraiser uses in the appraisal of a duplex. Houser said an appraiser would use other properties as a standard, but a buyer will go elsewhere given two comparable duplexes because of this restriction. Supple said maybe the one on Summit Street would be .chosen. Supple asked Houser if he had constructed a building on his subdivided property. Houser said they were going to do so, and he is currently working with the Histodc Preservation Commission staff. Supple asked if the rezoning would affect Houser's ability to develop that property. Miklo said if the permit is not issued before the date the City Council's public hearing is set, it would. He said if this were approved tonight, the City Council would then set a public hearing on August 25, which then kicks in a moratorium. Miklo said as long as the permit is issued before August 25' and some money is invested towards building the house to vest their dghts in the duplex, it would not be affected. Houser said he does not yet have a permit but is just finishing up details with the advisory committee to the Historic Preservation Commission and is trying to work with them to accommodate changes they would like to see. Supple said it would be unfair for Houser to have gone to the expense of subdividing the property and then be denied the opportunity to use it as planned because of this rezoning. Miklo said in terms of vesting rights in the duplex status of the property, a permit would need to be issued and work'would have to bedone beforethe-public hearing is set. Chait said anything less than a '100% loss would still allow an existing duplex to be rebuilt. Houser asked if the foundation were counted as part of the assessed value, and Miklo said he believed it was and said he would have the Building Official provide a written response. Houser said he is being penalized, as he has already gone through the lot split to build this as a duplex and is now having to rush through the system. Chait said the subdivision had no connection to what will be built there; he could build either a single-family home or a duplex there. Houser said it should _b_e_. his choice, not someone else's. Public discussion closed. MOTION: Bovbjerg moved to approve REZ98-0010, an application submitted by Cecile Kuenzli et al to rezone approximately 22 acres of land from Medium Density Single- Family Residential (RS-8) to Low Density Single-Family Residential (RS-5) for property located in the Summit Street Historic District. Ehrhardt seconded the motion. Bovbjerg asked if 325 South Summit is included in the rezoning, and Miklo confirmed this. Ehrhardt said she was strongly in favor of this rezoning. She said she believes zoning is important in the protection of the future integrity of this street. Ehrhardt said as we have seen, the Historic Preservation Commission's design review is not complete protection for this area, and zoning is necessary for that complete protection. Regarding the mixed-use issue, she said that Summit Street and the surrounding area has a variety of housing types, and this rezoning would not preclude that. Ehrhardt said she was not in favor of the idea to exclude the south end of Summit Street. She said there is an example of a property on the comer of Sheddan and Summit that was an eyesore before someone saw the beauty of it, and now it is a gem on that street. Ehrhardt said the owner of the gallery has the same idea for the duplex next to the gallery. She said that to say that the whole end is not compatible with the rest of the street is incorrect. Planning and Zoning Commission Minutes A'ugbs'r6,'1998 Page 7 Chait said this is probably the nicest, more revered street in Iowa City. He said there are the restrictions of the histodc distdct on whatever happens on that street. Chait said that he was concerned about putting an 'additional restriction on-the street:fie-said not any duplex could be built, but a developer would have to go before the Historic Preservation Commission in any case. Chait said the neighborhood has evolved over a long time. He said he has restored houses and done so in a manner such. that they are still within the character of the neighborhood. Chait said given that there is so much diversity in the neighborhood, he leans strongly toward voting against this rezoning simply by virtue of the fact that it is a mixed use neighborhood that has evolved over a long time, and there is a standard that is held in the historic district that calls for the design review of whatever is built there. He said he is a proponent of diversity in neighborhoods and mixed use development and did not see that the downzoning would really serve the long-term viability of the community. John Shaw, 437 South Summit Street, said he was the chair of the Historic Preservation Commission until a few months ago. He said there is a measure of protection due to the fact that th~ area 'h'~ ~an'"oveday '~h'e'0f historic preservatiod:' Shaw s~id the first' time the issue of the subdivision of the property came up before the Histodc Preservation Commission, the CommiSsiOa _passed.. jr_ through.__witb no com..m.e_n.t_~J-!e_. ~_ajd _the~se..co_n_d_ji_m.e_ i_t....ca_m~__up, the Commission again passed it through not recommending that it be denied, simply because the underlying zone was the zone of control and of interest. Shaw said the Housers had every legal right-to dividethat property-because-the lot-was-wideenough,-and RS-8 allowed-the division of the property. Shaw said that for the Histodc Preservation Commission to say it would not be acceptable when the underlying zoning allowed it was not an appropriate thing 'for the C0rnrrliSSlOrT"to do:-"He-la/d-thls-was an-issue' ur I,I,u r, nldertying zoning,--not an -issue of the histodc nature of the property. Shaw said the fact that there is an oveday over the top of the RS- 8 does not. a_fford aS._mu_c.h protec. tip_n as Chait__i~s_s_uggesting, Chait_Said_h.is_p2in~t_h_admore to do with what the Housers build and the way it looks. Shaw--,said. Ihat~wrapped ,tp in the_whole question of RS~8.versus RS-5 is the amount of area required to constitute a lot. He said RS-8 requires a smaller area so there is the potential for one of the larger lots on Summit Street to be subdivided again, an underlying concern here that is tied to the underlying zone, not the histodc~preservation oveday zone. The motion was d,enied on a vote of 3-2, with Chait and Supple voting no. Supple said the motion did not carry, as four votes are required for a rezoning. Miklo said if the applicant appeals this decision, it would go on to City Council. Kuenzli ~aid that Gibson was not present at the meeting, but he had stated previously that he felt strongly that Summit Street by its nature and character should be single-family. Supple said Gibson had to be present at the meeting to vote. Bovbjerg asked if a three to two vote on a rezoning would constitute a majority vote in which the item could be reconsidered at a subsequent meeting. Miklo said the Commission could consider a motion to deny the rezoning. He said if the Commission wanted to reconsider the application when there is a full commission, that could also be done. Supple said there could be a motion to rescind the vote and defer to the next meeting. Miklo said that motion would have to come from the prevailing side. Chair said he could support that to allow for a fuller and more democratic vote. Planning and Zoning Commission Minutes AugUst 6, 1998' Page 8 MOTION: Chait moved to reconsider the previous vote on REZ98-0010, an application submitted by Cecile Kuenz~li'et al to rezone approximately 22 acres of land from Medium Density Single-Family Residential (RS-8) to Low Density Single-Family Residential (RS-5) for property located in the Summit Street Historic District and defer it to the Planning and Zoning Commission meeting of Aug.:ust 20, 1998. Ehrhardt seconded the motion. Kuenzli asked Supple why she voted against the rezoning. Supple responded that she felt the rezoning was unnecessary and agreed with Chairs statements that the Historic Preservation Commission review was adequate. The motion carried .On a vote of 5-0. Supple said this would be on the agenda again at the August 20, 1998 meeting. Macfa~ne"~aid it would be helpful for't'h~ neighEO~,"'whO feel very' strongly that this is necessary, to understand why the Commission feels this is not necessary, so that they may prepare-arguments.and try. to-persuade the Commission that it jS necessary. He said it never occurred to the neighbors that it would be necessary to make these arguments because it seemed so obvious to them, but they can make arguments if the Commission's concem is particutadyexpressed: Kuenzli said there was no indication at the informal meeting that would suggest any problem With"the rezomng. Miklo sale me inform'al"rrTee'~tih~;s'~'a'f~i~'h~TdTly to"provide'information, and the Commission members should not necessarily state how they will vote at those meetings. Ehrhardt said that discussions at the inform. al___m_e_e_ti.;ng._o~qn__do not get repeated at the formal meeting, so that the Commission has attempted to hold off discussing vital issues until the formal meeting to get that discussion on the record. Chait said he believed that a historic district holds the entire district to a standard of review that is based on complying and working and being of a nature and character that exists today. He said that includes' singlecramlly houses that are very old and duplexes that are very old and everything in between, but is still a standard that is open for the Historic Preservation Commission to review. Chait said he believes that standard is adequate to preserve what exists that has evolved over time. He added that a builder could not go ahead and put up a duplex that looks like the structure at Summit Street and College Street, because he did not think that kind of structure would be allowed in that area by the Histodc Preservation Commission. Supple said she agreed that the historic district protects the area from any unpleasantties, and if the neighbors consider the duplexes to be unpleasantties, she wanted to point out that some of the duplexes on Summit Street are absolutely beautiful buildings. Supple said she voted against the rezoning, because she felt it would be a disadvantage to many people, and she did not see it as an advantage to anyone. Kuenzli asked who it would be a disadvantage to, and Supple replied that it would be a disadvantage to people who wanted to develop one of the smaller lots. Travis said there is a difference between building to live on Summit Street or building a property on Summit Street to rent out. Chait replied that whether a house is built to live in or to rent out, the same Historic Preservation Commission standards apply to everyone. Macfadane said the driving force behind this application is the failure of the Histodc Planning and Zoning Commission Minutes August 6, 1998 Page 9 Preservation Commission to protect the histodc nature of the most beautiful house on Summit Street. He said the neighbors have found that that house could legally be tumed into a duplex. Macfadane said when the application was made, with an abrasive attorney threatening lawsuits, the Histodc Preservation Commission caved in and said that because this is zoned RS-8, the new owners can build whatever they like, provided it meets some minimal histodc standards. Macfarlane said the driving force for this rezoning was the sudden realization that the single- family properties were actually zoned for duplexes. He said that is a zoning error that the neighbors would like to see corrected. Macfadane said the rest of the neighborhood is appropriately zoned RS-8, but the histodc parts of Summit Street should not be zoned RS-8, because the majority of houses are RS-5. He said the neighbors want to protect the RS-5 nature of the houses by appropriately zoning them RS-5. Macfarlane said the neighbors thought they had protection from the Historic Preservation Commission, as did the Historic Preservation Commission, until attorneys got involved, and neighbors suddenly found out that the Historic Preservation Commission does not have the support of law. He said what has the support of law is the zoning, and there is not enough impetus behind the Histodc Preservation Commission to sustain a legal action in enforcing its judgments. Macfarlane said the ddving force is to preserve the RS-5 houses. Chait said he did not feel that was made clear during this process, and the neighbors would have another opportunity in two weeks to make that point, because he did not hear Macfarlane's particular argument at any point in previous discussion. Supple said this item would be on the agenda of the Commission's next meeting on August 20, and interested parties would be welcome to attend the informal meeting on August 17, although public discussion would not be taken at the informal meeting. REZONING/DEVELOPMENT ITEM: REZ98-0007/SUB98-0013. Public discussion of an application submitted by Southgate Development, for a rezoning from Intedm Development/Multi-Family Residential (ID-RM) to Sensitive Areas Overlay/Medium Density Single-Family Residential (OSA-8), and a preliminary plat of Pepperwood Addition, Part 12, a 39.30 acre, 26-1ot residential subdivision located west of Cherry Avenue between Sandusky Ddve and South Gilbert Street. Miklo said the applicant has requested that this item be deferred indefinitely. MOTION: Shannon moved to defer REZ98-00071SUB98-0013, an application submitted by Southgate Development, for a rezoning from Interim Development/Multi-Family Residential (ID-RM) to Sensitive Areas Overlay/Medium Density Single-Family Residential (OSA-8), and a preliminary plat of Pepperwood Addition, Part 12, a 39.30 acre, 26-1ot residential subdivision located west .of Cherry Avenue between Sandusky Drive and South Gilbert Street, indefinitely. Bovbjerg seconded the motion. The motion carried on a vote of 5-0. COMPREHENSIVE PLAN ITEM: Discussion of amending the Comprehensive Plan by incorporating a South Central District Plan. Planning andZoning Commission Minutes August6,1998 Page 10 Supple asked if the Commission was ready to set the headng date for this item. Bovbjerg said she believed the Commission would like to have at least one more work session on the item. Public discussion: There was none. Public discussion closed. CONSIDERATION OF THE JULY 16, 1998 PLANNING AND ZONING COMMISSION MEETING MINUTES: The minutes were approved, as written, by consensus. OTHER BUSINESS: Bovbjerg said she and Supple had attended a demonstration on behalf of the Johnson County Soil and Water Conservation Distdct on conservation practices in the design of rural subdivisions. She said it was very interesting, particularly discussions about storm water detention, holding back construction dirt,. the layout of houses and septic tanks, and traffic pattems. ADJOURNMENT: The meeting was adjoumed at 8:51 p.m. Pam Ehrhardt, Secretary Minutes submitted by Anne Schulte F Y.'30 'p.m. '~lca. s~ Si,:3~ /0. 13. POLICE CITIZENS REVIEW BOARD MINUTES -August 11, 1998 Lobby Conference Room (as amened 8/18/98) CALL TO ORDER ATTENDANCE CONSENT CALENDAR Vice-Chair L. Cohen called the meeting to order at 7:02 P.M. Board members present: L. Cohen, P. Farrant, M. Raymond, and J. Watson. Board member absent: P. Hoffey. Staff present: Legal Counsel D. Russell and Administrative Assistant S. Bauer. Motion by M. Raymond and seconded by P. Farrant to adopt the Consent Calendar. Motion carried, 4/0, Hoffey absent. RECOMMENDATION TO COUNCIL None COMMUNITY FORUM _,- ' ~ ~ EVALUATION Board members discussed an informal list of potential issues and priorities relating to Police Department :-'~'~;~'~; '~-':policies, based on presentations made by citizens at the July 14, 1998 Community Forum and correspondence received-to-date. ~ Issues commented on about the forum format and future forums included: · sites to hold forums other than at the Iowa City Public Library; · practical issues related to televising future forums; · need for further listening sessions and more anecdotal input; · more participation from board members at future forums; · need for issue focused sessions; · need for participation by student population representatives. 2 The following issues were suggested as possibilities from the first forum: Issue #1- Race and Age-based Traffic StoDs, as proposed by M. Raymond: This issue is being raised nationwide. A proposal at the federal level and in two states calls for fact gathering demographic information on those subjected to traffic stops. Raymond proposed that the board propose to the City Council that the Department be required to a collect demographic data regarding persons subjected to traffic stops. The board agreed first to determine if such demographic information is already being collected and whether the board could have access to it. This data could include: (1) number of individuals stopped, (2) race/ethnicity, (3) approximate age, (4) traffic infra~:'tion that was alleged to have been committed that had lead to the stop, (5) whether a search was instituted as a result of the stop, how the search was instituted, the rationale for the search, (6) whether contraband was discovered in the .-_ _...-course of the search and the nature of the contraband, if any, (7) whether warning or citations were issued as a result of the stop, and (8) whether an arrest was made. Issue #9 - Use of Force: The question of policy on the use of weapons and the potential use of force is an important one in this community. J. Watson suggested inviting Prof. Baldus to discuss the issue of accumulating data in trying to evaluate the issue, and to assist the board in determining whether the existing poiicies on use of force are appropriate for this community. Issue #3 - Shaw Matter: A number of speakers at the forum suggested that the community still wants to hear whether the police department has made changes in policy, procedure, and training as a result of the Shaw incident. Issue #4 - Priorities/Community Standards: The possibility of mini sessions for the police department to make presentations to the public about community standards/policies as a way for citizens to be more informed about current policies, structuring time for presentation, debate, and response. With respect to this issue, it was acknowledged that the PCRB was established to focus on possible problems, review policies, foster public discussion, and recommend needed changes in policy and procedure. Issue # 5 - Downtown Issues: Personnel allocation issues, attitude issues, policy decisions, and input from the student body. The board suggested a number of ways to proceed: 1. Gathering information from guest speakers; 2. Department presentations (see #4 above); 3. Provide avenue for the public to respond and debate; 4. Identify specific outcomes, to include possible recommendations to the City Council. Motion by L. Cohen and seconded by M. Raymond that (1) Raymond shall draft a letter to the Chief requesting information about collection of demographic data on traffic stops, and (2) Watson shall contact David Baldus inviting him to a future meeting to speak on data collection and use of force issues. Motion carried, 4/0, Hoffey absent. PUBLIC DISCUSSION The following individuals appeared: Jeff Guiton, Anthony Haughton, and Charles Eastham. COMPLAINT FOFIM Committee Chair P. Farrant distributed a working copy of PCRB Citizen Complaint Form, Draft 8/10/98. This matter was deferred for discussion to the next meeting. MEETING SCHEDULE BOARD INFORMATION STAFF INFORMATION ADJOURNMENT , Special Meeting August 18, 1998 - 7:00 P.M. Agenda - Complaint Form, SOP's, Annual Report, Forum (IMU?) , Special Meeting August 25, 1998 - 7:00 P.M. * Special Meeting September 1, 1998 - 7:00 P.M. · Regular Meeting September 8, 1998 - 7:00 P.M. M. Raymond - the statute that allows police to conduct a full search based on a citation will be reviewed by the U.S Supreme Court this fall. Ms. Raymond will keep the board apprised of this issue. · Regarding the Association for Civilian Oversight of Law Enforcement conferences, S. Bauer reported that tjie ~3it~/*Would consider all travel requests submitted to them. · D. Russell distributed memo of 8/11/98 regarding ~'~ "PCRB SOP's and Guidelines for consideration by the Board on August 18. Motion for adjournment by M. Raymond and seconded by J. Watson. Motion carried, 4/0, Hoffey absent. Meeting adjourned at 9:23 P.M. MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, JULY 16, 1998 - 3:30 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER MEMBERS PRESENT: MEMBERS ABSENT: Rick Fosse, Deborah Galbraith, Kevin Hanick, Nancy Purington, Terry Trueblood, Lesley Wright Gary Nagle STAFF PRESENT: Karin Franklin RE~:OMMENDATIONS TO CITY COUNCIL: The Committee'reCommended approval, by a vote of 5-0, adoption of the Committee's acquisition procedures. CALL TO ORDER: Chairperson Hanick called the meeting to order at 3:39 p.m. PUBLIC DISCUSSION: There was none. Hanick suggested considering the-revised acquisition-procedures first because Franklin had to leave the meeting early. CONSIDERATION OF REVISED ACQUISITION PROCEDURES: Franklin noted that the revised procedures would still have to be approved by the Council. Galbraith noted that in the second item, the word "develop" should actually be "develops" and the word "draft" should actually be "drafts" to keep the tense consistent throughout the sentence. Galbraith suggested .that Committee members review these procedures, along with the Committee's mission statement, goals and objectives, after one year. MOTION: Wright moved to send the acquisition procedures to the City Council for their approval. Fosse seconded the motion. The motion carried by a vote of 5-0. DRAFT CALL FOR ARTISTS AND BUDGET PROPOSAL FOR DOWNTOWN WATER FEATURE: Members decided to discuss the budget first. Franklin said she tried to estimate a budget from the other calls she has seen. She said that the budget includes a 9300 honorarium for each of the three finalists and up to 9750 for travel expenses if the Committee decides to provide travel funding. She noted that in some other calls, it was stated that any travel and application expenses were the artist's responsibility. Purington said that she thought the Committee should give some money to the artists for travel expenses. Hanick asked how the proposed budget of 935,000 for the water feature interfaces with the rest of the Downtown Streetscape budget. Franklin said that 9250,000 of the overall budget was set aside for the infrastructure work of the water feature, and the Committee's money will be used for the feature's art component and the design fees. She also said that MINUTES PUBLIC ART ADVISORY COMMITTEE THURSDAY, JULY 16, 1998 - 3:30 P.M. LOBBY CONFERENCE ROOM - CITY CIVIC CENTER PAGE 2 Bob Kost recommended that the water feature jets go no higher than 10 feet. Fosse noted that durable materials are necessary for the different types of weather the feature will face. Hanick felt the 935,000 figure was low. Purington said the design fee should be about 15% of the expected costs of materials and fabrication. (Trueblood arrived at 4:09 p.m.) Purington-said;~:0~imittee members would need to know how much the different materials would cost to be able to narrow down proposals. Fosse suggested that the artists be told that they are being hired as part of a design team, and the entire $230,000 be used to build 'the water feature, both the infrastructure and the art component. The remaining $20,000 could go to the artist as a design fee. Franklin noted the Council's previous discussions of what the public art budget would cover and what the downtown streetscape budget would cover. She pointed out that the art component is that which is beyond_ t~he ."basicS" or what the City would normally do. Hanick suggested that the-C0mmittee use at least half of their annual budget ($50,000) for the water feature, and make 'it. the one big project they do this fiscal year. Wright concurred. Members agreed on the following budget: $900'- honorarium, $750 - travel expenses, $10,500 - design fees, $59,500 - fabrication and $3,350 for administrative fees and contingency. That made the total budget $75,000. Members also agreed to require that finalists submit a detailed budget along with their concept sketches and/or models. (Franklin left at 4:40 p.m.) Members reviewed and revised the draft of the Call for Artists, and made all changes on a draft copy for Franklin. Fosse suggested giving more than $300 for a finalist's honorarium to help pay for model construction. Members also discussed having the finalists submit sketches of their concepts and having the models created after they are hired. COMMITTEE TIME/NEW BUSINESS: There Was none. ADJOURNMENT: MOTION: Wright moved to adjourn the meeting. Galbraith seconded the motion. The motion carried by a vote of 4-0, and the meeting was adjourned at 5:45 p.m. Minutes submitted by Traci Wagner. ppddir\mins\pa7-16 .doc MINUTES SENIOR CENTER COMMISSION TUESDAY, JULY 21,1998 MEMBERS PRESENT Wdrna Conner, Joanne Horn, Terd Miller. Allan Monsanto, Deborah Schoenfelder, M. Kathryn Wallace and Philip ZeH MEMBERS ABSENT STAFF PRESENT GUESTS PRESENT Bebe Ballantyne, and Kenneth Mobily Michelle Buhman, I.inda Kopping, Julie Seal and Susan Rogusky Jim Allaim, Virginia Allaim, and Bednce Haugejorde CALL TO ORDER Wallace called the meeting to order at 3:08, MINUTES Motion: To approve June mines as distributed. The motion carried on a vote of 7-0. MonsantoJZell. PUBLIC DISCUSSION None REVIEW LETTER OF RESPONSE TO THE BOARD OF SUPERVISORS REQUESTS - Wallace Commissioners discussed and revieged the le~er of msponsa. Motion: To approve and dl~ribu~ letter of m,ponse as written. The motion o~rrled on a vote of 7-0. Zell/l~ngnto PARKING FEE RECOMMENDATIONS - WALLACE The results from the Post survey were distributed and reviewed. Commissioners discussed the letter from the Johnson County Task Force requesting additional spaces. Motion: Pursuant to the Senior Center parking fee options survey results, we recommend an annually purchased ($25 to $35) perking permit authorizing free parking in either designated or undesignated areas of the perking faculty, The motion carried on a vote of 6-1. Zell/Schoenfeider, Miller dissenting. VOLUNTEER RECOGNITION PLANNING COMMITTEE REPORT An update from the planning committee was given. GOAL REVIEW AND ACTION STATEMENT DEVELOPMENT Goal one, "identify and implement strategies designed to resolve differences between the Commission and the Courtall of Elders", was dtsc~ssssd. it was decided that them have been many actions associaled with this goal and that efforts are on-going. Goal two, "determine the Commission's role in outside fundraising', was discussed. MINUTES SENIOR CENTER COMMISSION TUESDAY, JULY 21,1998 SENIOR CENTER UPDATE Goal three, "develop more active roles for the commission', was reviewed. In response to this goal the policy by-law committee will review the lease agreements with in-house agencies and the operational handbook. Operations - Kopping The HVAC project is yet to be completed. Steps am being' taker} to move the general contractor toward completion of ~is proje~ The ADA hardware and new locks on all the doors is being completed this week. Both the air compressors failed and had to be replaced. Proatoms- Seal Events occurring in August were reviewed. Volunteers- Rogusky An update of volunteer programs and opportunities were given. COUNCIL OF ELDERS - Jim Aliaire The July meeting was an orientation meeting for new members. COMMISSION VISITS City Council - Miller A report of the City Coundl meeting was given Board of Supervisors A report of the board of Supervisors meeting was given. Motion: To adjourn. Motion was carried on a vote of 7-0.Conner/Zeli. The meeting was adjourned at 4:50. 2