HomeMy WebLinkAbout1992-09-15 Bd Comm minutes
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MINUTES
ANIMAL CONTROL ADVISORY BOARD
JUly 15, 1992
Iowa city Public Library
MEMBERS PRESENT:
Allan Axeen, Paul cooper, Janice Becker
MEMBERS ABSENT:
Ursula Dellworth, Diana Lundell
STAFF PRESENT:
Bev Horton, Iowa city Animal Control Officer
Barb Russo, Coralville Animal Control Officer
Captain Don strand, Iowa city Police Dept.
Jan Ashman;' Antonia Russo
GUESTS PRESENT:
1. Minutes of the May meeting were approved as received.
2. The question was raised as to whether out-of-county
and out-cf-town adoptions can be eliminated and as
to whether the Board wants to consider such policy
changes. Further discussion was deferred to a
future meeting pending review by legal counsel.
3. It is reported that all members have now signed off
on the final adoption policy.
4. Bev Horton reported that 93 animal bites were reported
from July, 1990 through June, 1991.
5. Bev Horton reported that she finally has the year-end
report and will provide copies for members.
6.
Problem cf getting counties and University Heights to
pay for services provided by the Animal Shelter was
discussed. It was recommended that Bev Horton refer
this matter to the city Legal Department.
7. Bev Horton reported that she wants a major focus of the
Animal Shelter to be on educating the public and will
prepare a preliminary plan and timetable for presentation
to the Board.
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8. It was decided that the Board will start looking at a
animal shelter pclicy concerning lIexoticll pets. Bev
Horton will r.:ovide Board Members with exampl.es of
policies ~nd regulations from other areas.
NEXT MEETING:
Wednesday, September 16/ 1992
Coralville Public Library
6:30 P.M.
Respectfully Submitted,
(jL~.(~c!rl gP...~&t1
J~~E M. BECKER, CHAIRPERSON I q t.1
ANIMAL CONTROL ADVISORY BOARD ~ ,
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DRAFT
MINUTES
IOWA CITY HUMAN RIGHTS COMMISSION
AUGUST 24, 1992
SENIOR CENTER CLASSROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
Sara Mehlln, Marcia Ceaser, Dorothy Paul, Ken Gallln, Jason Chen
Chla.Hslng Lu, Haywood Belle, Rosie Starr, Alison Ames Galstad
Allee Harris, Dale Helling
RECOMMENDATIONS TO CITY COUNCIL:
None.
REQUESTS TO CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
None.
RECOGNITION OF PUBLIC AND NEWS MEDIA:
John Ruth, Pre.Law Student at the University of Iowa and Intern,
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
None,
CALL TO ORDER:
The meeting was called to order by Chairperson Paul. The next Commission meeting Is
scheduled for September 2B, 1992 In the Senior Classroom at7 PM, Mehlln made a motion for
approval of the minutes of July 27, 1992, It was seconded by Chen. There was unanimous
approval.
CASES PENDING:
Harris reported one employment 'Case is under Investigation and two housing cases and two
public accommodation cases. She reported that the award was paid to the complainant Isabelle
Kittrell In Kittrell v. Klrllns case. The amount of the award was $B,593. She asked If someone
would like to volunteer to go to Klrllns to see they have posted the EEO non.discrlmlnatlon polley
which was another stipulation In the agreement. Gatlin agreed to do so. Harris announced the
public hearing on Buckmaver v, UTA Is scheduled fori 0/26 In the Council Chambers, She asked
for a status report from the teams. Team A . no report. Team B . no report. Team C - Two
cases are currently In conciliation. Ceaser reported.
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Human Rights Commission
August 24, 1992
Page 2
REPORTS OF COMMISSIONERS:
Harris passed out article for Galstad on City Council's consideration of change In the definition
of family. Mehlln reported that Dorothy Paul and Lu agreed to participate at the ERA table on
Saturday August 29 in Old Capitol Mall. There will a rally and walkathon, Chen will also
participate. Paul suggested that the upcoming meetings Include a one-hour working session
conceming revision of the ordinance, Mehlln will order from IPBS a transcript of a program on
racism In banking.
NEW BUSINESS:
Harris introduced John Ruth, an Intern who Is a pre-law student at the University of Iowa. She
stated that he Is a big help to the Commission, He mailed out notices on the forum to be held
at the library on September B, approximately 300 were mailed, Harris asked Mehlln If she would
Introduce Bill Douglas, the speaker, she agreed to do so. Paul said Ray Haines will be In town
and would like to go out to lunch with Commissioners after the forum. Ruth also had a good
suggestion about doing a presentation to the International Student Association to make them
aware of the Commission. Harris as~w ior volunieer$, Chen, Ceaser and Ruth will schedule a
presentation. Ruth also put an ad In the Chamber newsletter about the breakfast. Harris will put
posters on buses and she has contacted the media and an article will be In the Press-CItizen,
She said someone called to report that they saw a male on the City bus with the swastika on his
ankle and thought the Commission should know about It. Dianne Dillon-Ridgley has agreed to do
conciliation training for Commissioners on September 12 from 9 to 12,In the Senior Center
Classroom, Harris requested cable run program on ERA by Pat Jensen on Channel 29 for the
nextlwo months. Mehlln agreed to do PSA on the ERA. In regard to the Awards Breakfast
preparations, the Nomination Committee has set a deadline of October 16, This was suggested
by Chen, All Commissioners have agreed to do direct solicitations to get nominations. Ruth
agreed to do the mailings. Keith Ruff has agreed to be keynote speaker, He Is Program
Coordinator for Independent LIving, Paul thanked Gatlin for proposing his name,
OLD BUSINESS:
None.
PUBLIC DISCUSSION:
None.
ADJOURNMENT:
The meeting was adjourned.
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MINUTES
IOWA CITY HISTORIC PRESERVATION COMMISSION
AUGUST 1B, 1992 - 5:30 PM
MEZZANINE CONFERENCE ROOM - SENIOR CENTER
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
Joyce Barrett, Betty Kelly, Sue Licht, Doug Russell, Jay Semel
Kevin Hanick, Eleanor Steele
Miklo, Neff
Marlys Svendsen, Judy Nyren
CALL TO ORDER:
Chairperson Russell called the meeting to order at 5:35 p.m,
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none,
CONSIDERATION OF THE MINUTES OF THE JULY 14, 1992. MEETING:
Russell noted that Mary Beth Slonneger's name was misspelled on page 2 of the minutes.
Kelly moved to approve the minutes of the July 14, 1992, meeting as amended, Barrett
seconded. The motion carried 4-0.
(Ucht arrived at5:3B p.m.)
DISCUSSION OF INTER MODAL SURFACE TRANSPORTATION EFFICIENCY ACT (lSTEAl:
Miklo referred to a memorandum from Jeff Davidson, Executive Director of the JOlllMifl County
Council of Governments. Miklo Indicated that the guidelines for this funding are not yet In place,
but Itls his understanding that historic preservation projects must be transportation related, This
would involve properties adjacent to or connected to highways and railways. Russell noted that
the railroad station is currently In good repair, but these funds would be a possibility If renovation
is needed In the future, Svendsen suggested that consideration should be given to requesting
funds for the Kinnick Stadium steps that come up from the railroad. In regard to restoration of
brick streets, Svendsen said that historic preservation projects are placed in a separate category
than regular transportation projects, so it Is her understanding that they do not need to be related
a highway project.
Svendsen suggested that the Commission could comment on the state guidelines and noted that
some preservationists are concerned that the historic preservation organizations will not be
prepared to apply for ISTEA funds. Mlklo agreed to forward the proposed rules and guidelines to
the Commission for comments when they become available. Russell suggested it would be best
to walt and contact property owners who might be interested in applying for funds after the
Commission has had the opportunity to review the proposed rules and guidelines. Semel
suggested that having brick crosswalks or brick at the Intersection of Summit Street might also
be a project to be considered for funding under this program. Svendsen reported that the State
Is deciding if It should fund a few large projects or a number of smaller projects which would have
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Historic Preservation Commission
August 18, 1992
Page 2
higher administrative costs, There was a consensus to place this item on the Commission's
September agenda,
SUMMIT STREET PLACQUE:
Russell explained that there was agreement between the developer of Summit Place
Condominiums and the City that there would be a marker placed on the site, He said Judy Nyren
was present to assist the Commission with the language .to be used on the plaque based on her
knowledge of the neighborhood.
. Judy Nyren stated that the information she presented to the City Council at the time the rezoning
was being discussed Includes a section on Ardenla. She said the information that should be
Included on placque Is dependent on the size and design of the placque, Russell stated that the
Commission should be able to recommend both the size and the design. Nyren indicated that
Hodge Construction had reconstructed a wall at the Intersection of Kirkwood and Marcy to
accommodate the placque and a bench, She said If the placque is placed on the wall, then the
contents of the plaque would probably need 10 be limited to Ardenla, She stated a larger sign
could Include Information on the Governor's Walk, which would include Ardenia, Kirkwood's home,
and Plum Grove, She explained that three Issues she would like to see covered on the placque
are the general history of the area, a brief history of the structure of Ardenia, and the method in
which Ardenla was converted Into an English estate. '
Russell asked If one placque would be appropriate or If there should be a series of plaques to
include the other sites. Kelly suggested putting a diagram of the area on the placque to be
located at Summit Place Condominiums, Russell said It might be desirable to have a single
placque with a map of the area that gives you locations of each of the historic structures In the
area, Ardenia, Plum Grove, and Kirkwood's Home,
Mlklo said the agreement between the City and developer Is intended to focus on the Summit
Place property. In response to a questions from Nyren, Russell stated that a marker could be
placed on the Kirkwood property voluntarily by the property owner. Svendsen suggested that a
marker program by the City would allow for information to be provided at the curb and would help
to dissuade people from coming up to the homes.
Mlklo suggested a silhouette of the facade of Ardenla to be include on the placque. He said It
might be best to have a subcommittee to work with Nyren on this project and then the
Commission could discuss It at lis September meeting, Russell and Semel agreed to work with
Nyren to draft language In or designed for the proposed plat. It was agreed that this Item would
be discussed at the Commission's September meeting.
Semel said It would be desirable to have a central distribution point for the distribution of materials
regarding historic properties, Nyren said Old Capitol serves this purpose to an extent. Russell
noted that Old Capitol Is a natural tourist attracllon. Nyren said she has assembled Information
on the Governor's Walk and has a mockup. She asked If there Is a chance for funding for this
type of a project. Barrett said she would take the Idea to both the Johnson County Historical
Society and Friends of preservallon. She noted that both of these organlzallons are better suited
to develop educational malerlals,
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Historic Preservation Commission
August 1B, 1992
Page 3
JEFFERSON STREET REZONING:
Russell stated that this item would be deferred until a staff report is available, Miklo indicated that
the staff report will be available In late August.
PRESERVATION PLAN UPDATE:
Mlklo distributed the current version of the neighborhood strategies and executive summary. He
explained that these were also distributed to the people who were Invited to attend the focus
group,
Svendsen reported that the focus group meeting was scheduled for the following week. She said
that the last two weeks In September would be the best time for the public hearing, She explained
that she had revised the draft of the executive summary as directed at the last Commission
meeting. Svendsen said the only other anticipated change is an expanded reference to the
historic context that was developed by the State Historical Society regarding the Moffett Cottages,
Mlklo reported that the focus group will meet from 5:15 to 6:45 p,m, and he does not anticipate
a longthy prosentatlon. He said the members of the Commission would be needed to call1nvilees
and to verify attendance. In response to a question from Barrett, Russell noted that the people
Invited to attend the focus group Include neighborhood activists, Planning and Zoning Commission
members, City Council members, and Historic Preservation activists, Svendsen noted the list also
Includes people, such as bankers and property owners, who were Interviewed for the preservation
plan, Barrett agreed to make the phone calls and she stated she would request written comments
from those who are unable to attend the focus group.
Miklo suggested that at the focus group, Svendsen and the Commission should stress the
process that has occurred, Including the meetings, the neighborhood survey, and the interviews,
In response to a question from Russell, Mlklo stated that there would be a Joint public hearing
with the City Council and Invitations would be extended to the Planning and Zoning Commission,
He stated that If the plan Is adopted, It would become an element of the Comprehensive Plan and
could be acted upon. Svendsen Indicated that one goal of the focus meeting is to encourage
Interest In the plan and to build support for the plan prior to the public hearing. Svendsen
suggested at the focus meeting, they might ask people what questions they would anticipate
others having. Russell agreed to do the Introduction at the focus group. It was agreed that
Svendsen would go over the questions that are outlined In the questionnaire that were mailed to
people Invited to attend the focus group. Russell Indicated that he expects the Commission to be
more active at the public hearing than they will be at the focus group.
In response to a question from Mlklo, Russell stated that he felt that revised memorandum from
Brad White was comprehensive In covering the material. Mlklo said he feels Ills speclllcally what
the Commission was looking for regarding a landmark ordinance. However, he noted that on
pages 21-23, regarding Incentives for Historic Preservation, he Is disappointed that there was an
emphasis on what Is done In other states, Mlklo suggested that an expanded reference to what
Is available In Iowa might be more appropriate. Svendsen stated Ills important to keep the
Information regarding what Is available In other states because this plan will be provided to the
state as a model preservation plan, She suggested expanding the two paragraphs that relate to
Incentives In Iowa,
COMMISSION INFORMATION/DISCUSSION:
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Historic Preservation Commission
August 18, 1992
Page 4
3, Evaluation of 1992 Preservation Awards Proqram.
Kelly said she Is still wailing for surveys to be returned to her. She noted that Bill Green's
survey said that Johnson County will proceed with their own awards next year, Russell
said he prefers to have a joint program to avoid duptication, Barrett said she feels that
Johnson County should have their own awards, but stili participate In the Joint program.
Semel stated that the failure of people to respond to the survey may be related to lime
constraints, He said he enjoyed the Judges' presentations and thought they were discreet
and polite while being Informative, Ucht noted that there were exceptional judges this
year. Svendsen said she would recommend that there be categories, such as continued
use and maintenance, that would be awarded by the Commission, Russell noted that this
could be similar to the year's House Move Award, Barrett said this might also be the
appropriate forum to present information on the endangered properties. She noted that
It might be best to have Friends of Historic Preservation create the list of endangered
properties.
(Semel left at 7:15 p.ni,)
Kelly reported that one suggested she had received was to place signs In the yards of the
winners, Svendsen said It might be desirable to have more winners each year, She
explained that Scott Cciunty has some awards that are, not building related, such as media
related awards. She suggested It Is also possible to have multiple recipients for Individual
projects, such as both contractors and property owner, The subcommittees for the awards
ceremony agreed to meet In September.
1, Certified Local Governments (CLGI Conference,
Kelly reported that most of the people In attendance were from the Main Street program.
She said the state Is planning on putting out a slide program and financial Incentives, She
said one Idea that she heard of was that an ad was placed In Preservation News for an
endangered property In Grinnell. Mlklo stated that there would be an upcoming conference
In Des Moines, that will focus on affordable housing. He said Commissioners who wish
to attend should see him regarding registration fees.
2. Bluffwood.
Mlklo referred to a leller that Bill Happel sent to the City Council saying that he has not
sold the house as a condominium unit and that there are people Interested In moving It
off the property. Barrett staled that Friends of Historic Preservation Is frustrated with the
process, LIcht said that an ad should have been placed In Preservation News and that she
feels this would have made a slgnlllcant difference In marketing the building, Barrell noted
that the advertisement that placed In the Alumni News was confusing. Russell expressed
concern that there had been no coordination of efforts. Barrell stressed that the $100,000
price Is unreasonable, but noted that generally with real estate there Is an assumption that
a lower offer will be considered. Russell stated thaI the Commission did Its Job by helping
to bring this Issue to the public eye, but did not have the resources to purchase the
cottage.
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Historic Preservation Commission
August 18, 1992
Page 5
In response to a 'question from Russell, Mlklo reported that the second edition of the
Guide Map Is at the printer, In response to a question raised by Russell, there was a
consensus to send a letter of thanks to people who resign from the Commission or have
incomplete terms while having certificates of appreciation for those who serve full terms
on the Commission,
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ADJOURNMENT:
Kelly moved to adjourned at 7:45 p,m. Licht seconded, The motion carried 4-0.
Minutes submitted by Mary Jo Neff.
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MINUTES
BOARD OF ADJUSTMENT
AUGUST 12, 1992.4:30 PM
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
Jeff Barta, Ernie Galer, Catherine Johnson, John Pelton, Rich
Vogelzang
MEMBERS ABSENT:
None.
STAFF PRESENT:
Melody Rockwell, Marsha Bormann, Mary Jo Neff
OTHERS PRESENT:
Michael Kennedy, Mike Hodge, Steve Kohli. Bruce Bollon, Craig
Welt, Joe Pugh
CALL TO ORDER:
Chairperson Pelton called the meeting to order at 4:36 PM.
CONSIDERATION OF THE MINUTES OF JULY 8,1992:
Barta moved to approve the minutes of the July 8. 1992, meeting. Johnson seconded. The
motion carried on a 5-0 vote,
SPECIAL EXCEPTION ITEMS:
1. EXC92-0011. Public hearing on a request submitted by Capitol Implement Co. for a'
special exception to permit dwelling units above the ground floor of a commercial use
for property located in the CI-1 zone at 702 S. Gilbert Street.
Rockwell clarified the boundaries of the subject property. She then reviewed the staff
report dated August 12, 1992, Staff recommended approval of EXC92.0011. subject
to, prior to receiving a building permit, the applicant will 1 ) submit and receive City
approval of a) storm water management calculations, b) a storm water detention
facility plan, cl storm water management facility easement agreement, d) storm sewer
calculations, e) a storm sewer relocation plan, f) a storm sewer easement agreement,
and g) a grading and erosion control plan; 2) obtain permission from the controlling
railroad company of the Heartland Railway line to have an access drive across the rail
line on the east boundary of the subject property; and 3) if such easement does not
currently exist, dedicate a 15-foot easement to the City for the sanitary sewer and
water main lines to the property,
,;
In response to a question from Pelton, Rockwell indicated that she had not received
any further correspondence from the applicant since July 27, 1992. She reported
receiving a call from a neighboring property owner who objected that although he
owned property in the same block, he was not able to have apartments. Rockwell
stated that the objector's property was not located in the same zone as the applicant's
property,
PUBLIC DISCUSSION:
Michael Kennedv. aDDlicant. stated that the staff report was self.explanatory and he
could not add anything to it.
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Board of Adjustment
August 12, 1992
Page 2
BOARD DISCUSSION:
In response to a question from Johnson, Rockwell stated that the applicant met the
parking requirements for the commercial use. Barta questioned the desirability of
having all of the compact spaces located to the front of the commercial use, He asked
if this was a standard way of locating parking spaces, Rockwell responded that it was
within the requirements of the Ordinance to designate the parking spaces in such a
manner, Pelton stated that stall's two major concerns were related to the provision
of enough parking spaces, since most of the dwelling units would have four bedrooms,
and the sight distance for access over the railroad tracks, Rockwell explained that in
terms of the railroad crossing, staff recommended that there be permission obtained
from the railroad for access over the tracks, She noted that the Board could consider
the sight distance and the possible blockage by train traffic, She explained that staff
had recommended early in the process that the Gilbert Court access be eliminated,
because the street is substandard and the tracks are high. However, she stated that
this was not a serious enough concern for staff to recommend denial. In response to
a question irom Barta, Rockwell explained that to have all access come from the
Gilbert Street side of the building would reduce the size of the building, and possibly
reduce the number of apartments by approximately four,
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Mike Hodae. Hodae Construction, stated that his company manages a similar
apartment building located across the street on Gilbert Street. He said that two
parking spaces are allowed for each apartment. He said the proposed apartment
building and parking would be managed in a similar manner. He said generally, two to
three weeks after the tenants have moved in, all problems straighten out as far as
parking is concerned. He noted that some of the commercial parking could be used
by residential tenants after 5:00 PM. Barta noted that problems might be related more
to tenants' guests than to the tenants themselves. Hodge stressed that this was a
management problem. He tended to allow some parking in the commercial spaces as
long as the use was not excessive.
Hodge noted that to have the driveway come from the west, would create a problem
because the change in grade is dramatic. In response to a question from Pelton, Hodge
indicated he had talked to a representative from the railroad. He will be required by
the railroad to provide a smooth crossing over the tracks. Barta asked if the
stormwater plans would have to satisfy the City requirements if this was a condition
of approval. Rockwell explained that one reason for the delay in bringing this item
before the Board was to determine if the tract had the capacity to handle required
stormwater management. She said that the City Engineer was satisfied that
stormwater management could occur on the site without causing flooding or making
parking spaces inaccessible. Hodge noted that there were currently storm water
problems so the proposed project should help to improve the existing situation
dramatically, with regard to both engineering and aesthetics.
Galer had no objections to the proposal as planned, provided stall's conditions were
followed. Galer stressed that the project would provide a definite improvement over
the current situation. Parking would always be a problem in Iowa City. He was
satisfied as long as the applicant met the Code requirements. He stressed that the
development would not be injurious to the neighborhood. Pelton concurred and said
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Board of Adjustment
August 12, 1992
Page 3
the project would be a major improvement over what currently existed on the site, He
said it appeared that the applicant had met all of the applicable standards, He noted
that staff had appropriate concerns and that the applicant had agreed to address these,
Johnson expressed a concern with the access over the tracks, It was her view that
only traffic arms and lights would provide adequate protection, She saw no provision
for these in the plan, She stressed that the surface of Gilbert Court was unacceptable
to carry additional traffic.
Barta said he still had concerns regarding parking, He noted'that while the applicant
met the Code requirements for parking, it was a marginal situation, He said if the grade
were not sharp, he would prefer to decrease the size of the building to allow all of the
access to come from Gilbert Street. Barta noted that the dramatic change in grade
could create a more severe prob"~m, He felt this would be a nice building for the area,
Vogelzang said he was pleased with the plans, He stressed that parking problems are
a fact of life in Iowa City. and that this would be a worthy project, if all of the
conditions were satisfied,
Motion: Vogelzang moved to approve EXC92.0011, a special exception to permit up
to 2B dwelling units above the ground floor of a principal use for property located in
the CI-1 zone at 702 S. Gilbert St., provided that. prior to receiving a building permit,
the applicant will: 11 submit and receive City approval of al storm water management
calculations, bl a storm water detention facility plan, cl storm water management
facility easement agreement, dl storm sewer calculations. el a storm sewer relocation
plan, f) a storm sewer easement agreement, and g) a grading and erosion control plan:
2) obtain permission from the controlling railroad company of the Heartland Railway
line to have an access drive across the rail line on the east boundary of the subject
property: and 31 if such easement does, not currently exist, dedicate a 15.foot
easement to the City for the sanitary sewer and water main lines on the property.
Barta seconded. The motion carried on a 4-1 vote. (Johnson voting In the negative.)
2. EXC92.0016, Public hearing on a request submitted by Mark A. Pfeiler and Don
Stumbo for a special exception to modify the side yard requirement for property
located in the RM-12 zone at 323 N, Linn Street' and 225 E, Davenport Street.
Rockwell reviewed the staff report dated August 12, 1992. Staff recommended that
EXC92.0016, a special exception to reduce the side yard requirement for properties
located at 323 N, Linn Street and 225 E. Davenport Street from three feet to zero feet
for the 22.foot length of the proposed garage be approved subject to recordation in the
Johnson County Recorder's Office of a common access easement for the driveway
providing access irom Linn Street to the zero.lot line garage. with the expiration date
for the Board order set for one year from the date of the decision.
In response to a questions from Barta, Galer stated that both property owners would
carry insurance for the garage, the same as they would for a zero lot line house,
PUBLIC DISCUSSION:
There was none,
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Board of Adjustment
August 12, 1992
Page 4
BOARD DISCUSSION:
Johnson noted that the replacement of the existing garage would be a definite
improvement for the area. Pelton noted that the applicant had met the standards for
a special exception and the change would result in an improvement to both of the
affected properties, He noted that staff had reviewed the situation and had
recommended approval of this item,
Motion: Johnson moved to approve EXC92-0016, a special exception to reduce the
side yard requirement for properties located at 323 N. Linn Street and 225 E.
Davenport Street, from three (3) feet to zero (0) feet for the 22-foot length of the
garage, subject to recordation in the Johnson County Recorder's Office of a common
access easement for the driveway providing access from Linn Street to the zero-lot line
garage, with expiration date for the Board order set for one year from the date of the
decision. i:Jarta seconded. The motion carried 5-0. '
3, EXC92-0017. Public hearing on a request submitted by Siems, Inc, for a special
exception to permit a religious institution use, a Christian school for kindergarten, and
first through eighth grades, for property located in the CC-2 zone at 1470 First
Avenue.
Rockwell reviewed the staff report dated August 12, 1992. Staff recommended
approval subject to the applicant: 1)limitif)g enrollment to no more than 60 children,
and 2) securing City Building Official and City Fire Marshal approval prior to expansion
of this use into a fifth classroom, This approval is contingent on the school obtaining
501 (c)(3) status from the U,S. Internal Revenue Service and submitting confirmation
of that status to the City, Although the requested religious use may be established
prior to receiving 501Ic)(3) status confirmation, said confirmation must be submitted
to the City Department of Housing and Inspection Services immediately upon receipt.
In the event the U.S, Internal Revenue Service denies 501 (c)(3) status, the special
exception becomes null and void.
Rockwell distributed a letter from Patricia Kamath which expressed concerns regarding,
traffic on First Avenue and in the area adjacent to the proposed school. Rockwell
indicated she had received a phone call from John Watson, Director of Goodwill
Industries, who expressed no objections, but had concerns about locating children so
close to an industrial use with the related noise, traffic, and dust.
Barta noted that whe.n the Board approved the proposed location for a daycare center,
the site met all of the standards it needed to meet at that time, He stressed that it
was not the Board's place at this point to decide if the facUity met the standards for
daycare. He stressed that this was a very different situation because older children
would be in attendance, Johnson emphasized that she also felt it was a very different
situation. In response to a question from Vogelzang, Rockwell stated that the limit of
60 children for enrollment at the daycare center was related to the requirement for ten
parking spaces. In response to a question from Johnson, Rockwell stated that the
property owner would be responsible for the maintenance of landscaping,
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PUBLIC DISCUSSION:
Steve Kohli, stated that he agreed with the majority of staff's recommendations. He
said school representatives had initially contacted the Iowa State Education
Department and were told that the Fire Marshal would establish the occupancy code,
He said the figure of 136 for occupancy is based on the existing building, He said they
could also use the existing storage shed which is on a foundation and set up for both
sewer and water, He said the school was requesting an enrollment of 104 students.
Kohli felt that any traffic problems would be similar to those faced by families whose
children attend Southeast Jr, High, because of the similar location,
Kohli stressed that the parents of the proposed Chris~ian school have set up a carpool
system and are looking at having 10-12 children in each vehicle, He ~aid that the
current daycare situation probably generated more cars than the proposed school
would, because of the requirement that toddlers be placed in car seats, He noted that
toddlers would also take more time to load and unload into ealS, Kohli said he was
willing to participate in a carpool and would drive at least one week per month, He
stressed that time is important to parents, He emphasized that none of the students
at this school would be of driving age, Kohli explained that the hours of operation
would be outside of the busy times for the surrounding businesses, except on
Thursdays when there would be an, early dismissal.
,.
Kohli indicated that the school anticipated having four classrooms immediately, with
a fifth classroom to be established when they eventually remodel the storage shed, He'
said that initially when operating four classrooms, they would have two more parking
spaces than required, He stressed that the school had met the letter and the spirit of
the law.
With regard to the questions raised in Kamath's letter, Kohli said that the parents of
the Heritage Christian School have found this an attractive site, because it has a chain
link fence on three sides, He said that there are four access points to the site, and
possibly six. He said the,school was planning an ice cream social prior to the opening,
They would go over the routes to access the site at that time, He presented
photographs of the site to the Board, Kohli noted that the drive to the site is 24 feet
wide and that Bradford Drive along City High is also 24 feet wide. He noted that the
drive leading up to City High is only 21 feet wide. Kohli stressed that if traffic was a
problem in the area, then this issue should be addressed regardless of who occupied
the bUilding. He said that because the school would have no traffic over the noon hour,
there would be no disruption of the truck traffic at the commercial businesses at this
time, He showed photographs to demonstrate that there was a great deal of parking
available In the area. He stressed there were no businesses in the area that might
attract college students. Kohli reported that he had called Wendy's manager, Blair Ellis,
on August 11, 1992, at 2:30 PM and Ellis indicated that he had no problems with the
daycare and was excited to have the Christian School come to the building. Kohli
indicated he also spoke with Dr, Marli Moreland and indicated that she was excited
about participating in a dental health program at the school.
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August 12, 1992
Page 6
Kohli explained that the families are concerned with finances and the wellbeing of their
children, He said tuition would be $1500 per year and that parents would be placing
their children in the care of the school. He explained that he went through the building
with Andy Rocca, City Fire Marshal, when he inspected each of the rooms. He said
the room that is adjacent to Goodwill Industries had babies sleeping in the room at the
time of the inspection and they were not disrupted by outside noise. He had checked
with the City Traffic Department and found there had only been one accident in this
area recently, Kohli said they were attracted to this building because they felt the City
had a desire to have small children in the area, because Southeast Jr. High and Mercer
Park are both in the neighborhood.
Barta asked how the school would address parking on special event days, such as for
conferences and plays, Kohli responded that they would not be able to hold such
activities on the site or they would go over their occupancy load. Barta noted that
during the summer break, when the photographs Kohli presented to the Board were
taken, not only were students absent from Iowa City, but also faculty and staff from
the University of Iowa, Kohli stressed that the school had met the zoning
requirements, He noted that other businesses in the area might have an influx of
customers on occasion, and the school shouid not be treated any differently, He asked
the Board to adhere to the zoning regulations. He said that the school would comply
with any reasonable requests by the Board. In response to a question on parking, Kohli
indicated that Siems, Inc, is the current property owner and the school was in the
process of buying the property from Siems.
In response to a question from Pelton, Kohli stated that staff's recommendation to limit
enrollment to 60 students was based on the building's current status as a daycare
center and its enrollment level. Kohli stated that a school with 104 students was the
highest and best use of the property, and they anticipated using the storage shed as
a fifth classroom to accommodate this enrollment. Pelton asked if the school would
proceed with the project, if they were limited to an enrollment of 60 students. Kohli
responded that the school needed to have 100 students to break even. In response to
a question from Barta, Kohli said the school anticipated opening on September 8,
1992.
Johnson asked if parents would be instructed to use a specific route in reaching the
school. Kohli said this would depend on the direction people were coming from, but
said it was likely the school would assign entrances, In response to a question from
Vogelzang, Rockwell stated that the City had limited jurisdiction over private drives.
Vogelzang noted that this was a chaotic area, He asked if the City could ask that the
drive~ be striped or arrowed. Bormann doubted that the City could require that such
action be taken, but said that the property owners could make such improvements
voluntarily, Vogelzang noted that all of the alternative routes shown by Kohli do funnel.
into one area so he still felt traffic would be a problem.
Kohli indicated that he had spoken with members of the Eastdale Plaza Board and they
were supportive of the project. He felt that Eastdale would be willing to paint arrows
on the drives. He stressed that regardless of the occupant of the building, if traffic ..'..
was a problem, it should be addressed by the City. In response to a question from
Pelton, Rockwell stated that both the City Building Official and Fire Marshal thought
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August 12, 1992
Page 7
that the storage shed could be converted into a usable classroom, In response to a
question from Barta, Kohli indicated that special events could be held at Southeast Jr,
High. one of the 11 churches which is supporting this project, or a private school that
is located in the area,
Bruce Bollon, stated that he planned to enroll his oldest child in the school. He agreed
that traffic flows were a concern, but stressed that this would be a problem,
regardless qf the use of the building. He said his main concern was the safety of the
children, He had a strong interest in carpooling to the school. He noted that children,
who would be attending the school, live throughout the community so carpooling will
help to minimize time that parents must commit to taking their children to school, He
said they would organize aQd control the activities of the children. He stressed that
there would be a tremendous amount of parental involvement. Bollon said he was
convinced that this was the best facility available for now and in the future, He asked
for information on the peak traffic time in the area, Rockwell stated that First Avenue
was a heavily travelled corridor for people going to and from work and school. Bollon
noted that the school his child currently attends has the same, if not less parking
available than is proposed for this building, Pelton noted that there was a great deal
of traffic in this area when Procter and Gamble changed shifts.
Craio Welt..stated that he had already made carpooling arrangements in his own family
for his children to attend this school. He stressed that the school was responding to
this problem and that parents would carpool for their own convenience, '
BOARD DISCUSSION:
Johnson stated that the Board had concerns with traffic In the area when it approved
La Petite Preschool. She said that at that time, she had been impressed by a member
of the public, owner of a business in the area, who spoke at that meeting, She stated
she had voted in favor of that proposal with reservations and had even more
reservations for a subsequent approval of the building where Kamath's office was
,located, Johnson stressed that she saw problems with the traffic, especially because
of the proximity of Wendy's drive-up window, She indicated that these were very
strong concerns,
Barta stated he also had concerns related to this proposal, He felt preschool-aged
children were easier to control. and felt it would take an extremely stringent program
to ensure that older children would always be where they were supposed to be,
especially with the temptation of Wendy's nearby. He said the current situation at
Southeast Jr. High was poor, and he did not want to aggravate traffic problems in the
area. He said traffic problems could also be compounded by future businesses that
might develop in this area and would not need to come before the Board for approval.
He indicated that parking spaces that were shown as available on the photographS
presented by Kohli, may be available because of the time of year that the pictures were
taken, He felt this must be considered as well as the fact that these spaces were not
designated for use by the proposed school. He stressed that the situation would be
much different when the University of Iowa fall session began. Barta questioned if ten
parking spaces would be sufficient. He felt there were a lot of loose ends with this
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Board of Adjustment
August 12, 1992
Page 8
proposal, especially in light of the fact that they wished to open the school in 2 Y,
weeks, He said he would have a tough time supporting this request.
In response to a question from Vogelzang, Kohli said that he anticipated that there
would be 10-12 additional cars per day in the area due to the school. Vogelzang stated
that there was a 12,000 per day traffic count in the area so he saw little impact from
even 20 cars relative to the total number travelling the route, He had concerns with
development that might occur on property in the area that the Board would not have
any control over. He stressed that First Avenue was a problem, but that the City
Engineer should address this issue, He said the decision had to be made based on the
current situation for the area and that he personally felt the school would not make it
much worse than it currently was. He said one trade off was that this organization
was trying to instill positive values, '
Galer stated that staff had determined that a limit on the enrollment of 60 students
would be acceptable, He said even at a limit of 60 students, the school would be
unable to have school functions in the building, He said it was likely that even during
regular school hours, there would be times when the school would exceed the
capacities set by the Fire Marshal. Galer said that the school should not have an
enrollment over 60 based on the physical facilities and the limited parking. He said this
was not an ideal situation for dropping off children, but his main concern was that the
school might exceed the occupancy load for the building. He said he would not
approve this item, unless the enrollment was limited to 60 children.
Pelton noted that the applicant had indicated that he knew of no site with more ease
of access, but Pelton said he did not know if this were true. He appreciated the
applicant's forthright attitude and felt that this should' be taken into consideration.
Peiton noted that the parents knew what they were getting into and were making a
choice in this matter. Pelton had a problem with putting a cap on the enrollment, and
said that the occupancy load set by the fire regulations should be sufficient. He saw
no reason for the Board to establish a lower enrollment cap. He said he would support
this proposal, but he would prefer that the applicant would find a better site. He stated
that the applicant had met the requirements of the Zoning Ordinance and the Fire
Marshal. Pelton said he would like to have the enrollment cap taken out of the motion
after it had been made.
In response to a question from Vogelzang, Rockwell stated that the reason staff
recommended an enrollment cap of 60 was that while staff did not want to
recommend denial of this use, they did not want to aggravate existing problems in the
area. Galer noted that the enrollment limit was set by a previous Board decision.
Vogelzang said he agreed with Pelton regarding the limit on enrollment. He would go
along with the Fire Marshal's guidelines. Galer noted that the,Fire Marshal's guidelines
do not address special activities or visitors. Barta stressed that this was a terribly
congested area. He had concerns with putting 100 children in this situation. Galer
said he was not as concerned with traffic as he was with capacity. Rockwell noted
that the principal use in the area was commercial. It was pertinent for the Board to
consider how this use would affect the commercial area.
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August 12, 1992
Page 9
Motion: Galer moved to approve EXC92-0017, a special exception permitting the
establishment of a religious institution use, a Christian School for kindergarten and first
through eighth grades, be approved, subject to the applicant: 1 ) limiting enrollment
to no more than 60 children, and 2) securing City Building Official and City Fire
Marshal approval prior to expansion of this use into a fifth classroom. This approval
Is contingent on the school obtaining 501 (c)(3) status from the U,S. Internal Revenue
Service and submitting confirmation of that status to the City. Although the requested
religious use may be established prior to receiving 501(c)(3) status confirmation, said
confirmation must be submitted to the City Department of Housing and Inspection
Services immediately upon receipt. In the event the U.S. Internal Revenue Service
denies 501(c)(3) status, the special exception becomes null and void. Pelton
seconded.
Pelton moved to amend the motion by striking the words "limiting enrollment to no
more than 60 children," The proposed amencment died for lack of a second,
The motion failed on a 2.3 vote (Pelton and Galer voting In the affirmative). Pelton
Informed the applicant of the 30 day appeal period of the Board's decision to District
Court.
4, EXC92-0018, Public hearing on the request submitted by Emergency Housing Project,
Inc. for special exceptions to permit expansion of the transient housing use and to
modify a rear yard requirement for property located in'the RM-12 zone at 331 N.
Gilbert Street. (Withdrawn,)
Pelton moved to withdraw EXC92-001a. Barta seconded, The motion carried 5-0.
5. EXC92-0019. Public hearing on a request submitted by American College Testing for
a special exception to reduce the off-street parking requirement for property located
in the ORP zone at 2201 N. Dodge Street.
Rockwell reviewed topographical maps for the area. She reviewed the staff report
dated August 12, 1992, Staff recommended that if, in the Board's view, the
documentation provided by the applicant substantiated that the number of parking
spaces required was too restrictive for the specific use, that is for the ACT office
complex, that EXC92-001 9 be approved with the expiration date for the Board order
set for one year from the date of the decision.
Rockwell reported that she had received one comment from a person interested in
being assured that the documentation received from ACT would include parking
information for peak employment times, temporary employees, and that the Board also
consider that this was currently a vacation time for many ACT employees,
PUBLIC DISCUSSION:
Joe Puah. ACT, stated that he intended to demonstrate that the request for the special
exception was not based on perception only. He provided the Board with a report
which on page 4 showed that the August 5, 6, and 7, 1992, survey Identified the
number of cars parked at ACT during the peak demand time. He stated that ACT had
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Board of Adjustment
August 12, 1992
Page 1 0
608 parking stalls, and at the observed times, there were 201-252 unoccupied stalls,
Pugh reviewed the payroll account which included temporary employees, which was
a total of 864 employees at the site, He noted that the excess parking availabie that
was demonstrated in this study, even at the April employment peak, The difference
was well within the excess capacity and showed that only half or 100 parking spaces
of the excess capacity would have been needed.
Pugh reviewed the conclusions included on page 2 of the report, 1) the current parking
capacity in the Tyler and Lindquist lots was 608 stalls for buildings with 190,000
square feet in floor area, One parking stall was provided for every 312.5 square feet
of building floor area, This study suggested that there were 200 excess stalls, which
would require the provision of one stall for 465 square feet of building floor area; 2)
There are currently 725 employees in the Tyier and'Lindquist buildings that use only
408 parking stalls on the average, This suggested employee use of carpooling or
public transit which reduced the demand on the parking system; and 3) There was
sufficient available parking on the ACT campus as a whole, but it might not be located
at a convenient location, ACT recognized that the demand for Lindquist parking
exceeded capacity and intended to expand parking at Lindquist as part of the proposed
development this year, He indicated that he had photographs that would substantiate
the study and felt ACT was in compliance with staff's request to provide additional
information.
In response to a questi,on from Galer, Rockwell stated that even if all of the additional
space proposed at ACT were for office use, and none were used for storage, then ACT
would be requesting only a 30% reduction in parking. In response to a question from
Johnson, Pugh indicated ACT was anticipating a growth in business, not a change in
the type of operation.
BOARD DISCUSSION:
Galer stated he had no problems with this request. He noted that it was an isolated
area, which was removed from other businesses so no spillover parking burdens would
be placed on other properties. He felt the applicant had demonstrated that the
reduction of parking worked under the current situation, and he would even approve
up to a 50% reduction of the parking for this site, Barta noted that if ACT had made
a mistake on the amount of parking needed, then ACT was only harming itself.
Johnson noted that the request was sensitive to the environment. She was impressed
by the plan. She asked if ACT promoted carpooling or bicycling to work. Pugh
responded that employees do engage in carpooling and bicycling, but these have not
been consciously promoted by ACT. He said they have promoted bus ridership, but
this had not been a popular choice fqr ACT employees. He stressed that carpooling had
developed as a natural phenomenon, Pelton said that ACT had done much long-term
planning with professional assistance and the City should encourage this type of
development for its citizenry, Pelton said he was impressed with the concern that ACT
had shown for the environment and stressed that ACT had met the requirements and
standards for approval.
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Board of Adjustment
August 12, 1992
Page 11
Motion: Barta moved to approve EXC92-0019, a special exception request to permit
a 28% reduction of the off-street parking requirement for up to 640,000 square feet
of floor area for commercial property located in the ORP Zone at 2201 N. Dodge Street
with the expiration date for the Board order set one year from the date of the decision.
Galer seconded, The motion carried 5-0.
6, EXC92-0020. Public hearing on a request submitted by Iowa City Coach Co, for a
special exception to permit off-street parking on a separate lot for property located in
the CI-1 zone at 1515 Willow Creek Drive. (Withdrawn,)
Pelton moved to withdraw EXC92-0020. Johnson second. The motion carried 5-0.
BOARD OF ADJUSTMENT INFORMATION:
Rockwell introduced Marsha Bormann, new Assistant City Attorney, to the Board, Rockwell
noted that this was Barta's last meeting. Pelton expressed the Board's appreciation for
Barta's service on the Board.
ADJOURNMENT:
Johnson moved to adjourn at 7:18 PM. Galer seconded. The motion carried on a 5-0 vote,
John Pelton, Chairperson
'" i
Minutes submitted by Mary Jo Neff,
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August 27, 1992
LffiRARY BOARD MINUTES
BOARD MEETING OF AUGUST 27, 1992
4:00 PM IN 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM
BOARD MEMBERS PRESENT: Stephen Greenleaf, Anne Hargrave, Jeri Hobart, Phil
Hubbard, Gary Lundquist, Kathy Moyers, Anne Spencer,
Kent Swaim, Chuck Trow
STAFF PRESENT: Maeve Clark, Susan Craig, Lolly Eggers, Martha
Lubaroff, Hal Penick, Debbie Sales, Carol Spaziani
,OTHERS PRESENT:
MEETING WAS CALLED TO ORDER AT 4:06 PM
APPROVAL OF MINUTES:
The minutes for the regular meeting of July 23, 1992 were approved, Trow/Moyers
,> ,
FINANCIAL REPORTS:
Eggers reviewed and summarized the receipts report with emphasis on the surplus in receipts,
It was this excess that prompted the Board of Trustees to ask the City Council to make up the
shortfall in our FY93 budget using these funds.
Eggers summarized the expenditure report for the Board by categories and pointed out that we
were within $1500 of our projected expenditures for FY92 except for unused salary funds,
The remainder of the financial reports as printed in the ICPL FY92 Annual Report were
reviewed. Board members had suggestions for alternative reporting layouts to cousider for the
future; in particular when transfer of funds was involved.
DISBURSEMENTS:
Disbursements for July, 1992 were approved. Hobart/Moyers,
Visa card expenditures for July were reviewed.
DIRECTOR'S REPORT:
I. The guidelines and parameters of the FY94 & FY95 property tax freeze are still pending
from the State Office of Management. Whether the Trust & Agency Fund is included
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will make a big difference to the City's fmancial options for FY94, It would appear
from "Exceptions" listed by the League of Municipalities summary of the legislature that
the library levy is excluded from the freeze but the City Finance Director Don Yucuis
is checking on it.
2, The Council will discuss the Library Board's letter concerning the $15,000 estimated
shortfall in FY93 income at their August 31 work session,
3. The fine survey is undelWay and a staff recommendation will be included in the
preliminary budget materials presented at the September Board meeting,
4, The first month of services under a schedule of restored hours may be a signal of what
to expect in FY93. Checkouts were up 10% over July 1991 and exceeded 90,000 items
for the first time. All key selVice counts except new cards were up from 6 to 50% over
a ye{lf ago.
5, Building Manager Ed Arensdorf and the Director conducted their annual tour of the
building in August looking at all aspects of physical condition, safety and health factors
and genernl cleanIiness and order. The carpet and the oak counters and table tops are
in most need of attention. Work space for staff and storage space are at capacity.
6, Because of its rapidly deteriorating condition, furniture in the Children's room cannot
wait until FY94 to be reupholstered. Bids have been received and staff will proceed as
soon as possible. Another capital item will be delayed or special funds requested from
the Board if needed to cover this expenditure later in the year,
7. The Director recommended that the Facilities Planning Committee reconvene and start
regular meetings in October. This would allow recommendations to be ready for the
FY95-97 budget planning cycle.
8. In this age of rapidly changing infonnation technologies, focus on staff and Board
training is essential. Reading packets for Trustees will continue to be developed. Staff
are asked to assess what they need to know more about. The Director encouraged
Trustees to consider increasing their participation in the wide range of educational
opportunities available for library workers and trustees.
9, In the first year of providing regional reference selVices from the library, East Central
& Southeast Regional Library Systems staff handled 3600 reference questions, arranged
2200 interlibrary loans and prepared 3000 photocopies of articles or data from books,
periodicals and newspapers. Over 80 % of the reference questions were answered from
ICPL resources; the balance came from University of Iowa Libraries and other libraries,
organizations and agencies in Iowa City or available by phone,
(0, The Board was infonned of the annual Hospice Road Race and the library's involvement
as a team, Staff member Lubaroff requested a budget of $300 from Gifts & Bequests
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Fund to use for expenses involved for participants, This was approved. Traw/Moyers,
Development Director's Report
The Foundation's annual report was mailed 8/26/92. In the past this mailing has been
a significant fundraiser. The Foundation donor reception is being held on September 13
at 4:30-6:30 pm
The AdHoc Committee on merging the Friends and Foundation is continuing to meet.
Friends:
The next Friends Booksale is September 19. The Friends, Foundation &
Library will have a booth at Community Organizations Day at Old Capitol
Mall Saturday, August 29 from 10-6, They will register new card holders
and hand out infonnation about Friends and Foundation,
Committee to evaluate the Director
Chair, Kathy Moyers siated on behalf of the committee that "we are all lucky to have Lolly
Eggers as the Director of ICPL. She is a proactive leader, whose vision and foresight is
unmatched, "
The committee recommended to the Board that at this time with the results of the reclassification
study forthcoming, that they vote to set the Library Director's salary for FY93 at the maximum
for her range, $59,883, a 2.5 increase. They will review her salary after January 1, 1993
pending the outcome of the examination of City administrative classifications, Eggers said she
did not want her salary increase to exceed the percent given library employees, A large percent
of staff members are at the top of their range. The vole taken in favor of this recommendation
was unanimous. Moyers/Greenleaf
Approve ioint resolution between the Libraty Board and City Council to coordinate negotiating
procedures for pUlJloses of collective bargaining.
This agreement was unanimously approved, Traw/Moyers
Review FY92 Annual Report
President Swaim commended the ICPL staff on the FY92 Annual Report. He stated that this
was a report to be proud of and he recognized the effort the staff put into it. Board members
suggested that distribution of the report be expanded to include members of the business
community, etc. Moyers volunteered to send copies of the report, highlighting key areas, along
with a cover letter to a selected group of community representatives, Board members will then
followup with phone calls. Spencer, who is the Johnson County Board of Supervisors
representntive, will ask to be placed on the agenda of a future meeting in order to review the
report with them and answer any questions, '
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FY92 Progress R~ort for Lone-Range Plan
Board reviewed this plan, Clarification in some areas was asked for,
Ap.jJro...Y!l, FY94 & FY95 Objectives & Tasks for the Long-ranee Plan
The Board felt that the reconvening of tbe Facilities Planning Committee was one of the essential
objectives being adopted. Eggers and Swaim will present a committee and a timeline in
October, This fmal revision of the plan was approved, Spencer/Hubbard.
Schedule for FY94 Budget meetings
It was recommended that we plan two meetings for September; September 22 which will be a
special meeting and our regularly scheduled meeting of September 24, 1992. Both of these
meetings will begin at 4:00 pm in the Administrative Conference Room, The Public Service
departments will make their presentations on Tuesday and the Support staff will present on
Thursday.
October 15 was scheduled as a special budget meeting prior to giving fmal approval to the
budget at the October 22 meeting.
The meeting was adjourned at 6:20 pm, Greenleaf/Hubbard
Submitted by
Martha Lubaroff
4
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MINUTES
IOWA CITY PLANNING & ZONING COMMISSION
SEPTEMBER 3, 1992 - 7:30 P,M,
CIVIC CENTER COUNCIL CHAMBERS
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SUD)JC! W Ilpproval
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MEMBERS PRESENT:
Ann Bovbjerg, Casey Cook, Pete Cooper, Sally Dierks. Richard
Gibson, George Starr
MEMBERS ABSENT:
Tom Scott
STAFF PRESENT:
Rockwell, Miklo. Bormann, Franklin, Davidson, Klingaman,
Schoon, Neff
CALL TO ORDER:
Vice-Chairperson Cook called the meeting to order at 7:40 p.m. He announced that the
rezoning'of the ADS site, REZ92-0011. would be placed first on the agenda based on a
commitment Chairperson Scott made to the Longfellow Neighborhood Association,
RECOMMENDATIONS TO CITY COUNCIL:
1. Recommend approval by a 5-0-1 vote (Cook abstaining), of REZ92,0011, the rezoning
of an approximately 5 acre portion of the ADS site located at 1301 Sheridan Avenue
from 1-1. General Industrial. to RS-8, Medium Density Single,Family Residential,
2. Recommend denial by a 6-0 vote of VAC92-0002, the vacation of Dubuque Road
(Seven Sisters Road) as it passes through the ACT campus,
3, Recommend denial by a 6-0 vote of the preliminary LSNRD plan of the ACT 94.35 acre
site located at 2201 North Dodge Street.
4, Recommend approval by a 6-0 vote of LSD92-0006, final LSRD plan approval for
Rochester Hills for up to 32 condominium units on 25,19 acres of land located north
of Rochester Avenue and east of St. Thomas Court, subject to approval of legal papers
by the City Attorney's Office, and staff approval of the revised site plan and
construction plans by the Public Works Department prior to City Council consideration.
5, Recommend denial by a 4-2 vote (Cooper and Starr voting in the negative) of VAC92-
0003, a request to vacate the north-south alley located east of Fourth and Reno
streets,
6.
Recommend approval by a 5-0-1 vote (Dierks abstaining) of SUB92-0017, the final plat
of Park West Subdivision, Part One, a 23.lot, 9AB acre, residential subdivision located
at the end of Teg Drive, subject to the City Attorney's approval of legal papers,
including agreements pertaining to the construction of the storm water management
facility, and Public Works Department approval of construction plans prior to City
Council consideration of the plat.
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PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none,
ZONING ITEMS:
1, REZ92-0011, Public discussion of an application submitted by John Shaw, Jill Smith,
and Barbara Lucke, on behalf of the Longfellow Neighborhood Association, to rezone
an approximately 5 acre portion of the ADS site located at 1301 Sheridan Avenue from
1-1, General Industrial, to RS-8, Medium Density Single-Family Residential. 145-day
limitation period: September 14, 1992.)
Cook explained that Bovbjerg would chair this portion of the meeting due to his having
a conflict of interest, because of his appraisal of the ADS site and payment to him by
ADS for his services.
Rockwell reported that according to the City Assessor. machinery was removed from
the ADS site in 1989, She explained that beginning in 1990, ADS paid no more taxes
on machinery or equipment on the site, However, she indicated that at the time the
machinery was removed, the City Assessor changed the designation for the ADS
property from Industrial to Commercial, which resulted in ADS paying more in taxes
than when the use was considered Industrial. Bormann referred to a memorandum
from the City Attorney's Office regarding non-conforming uses for this property if it
were rezoned, She explained that the conclusion was that if the property were
rezoned to RS-8. then the administrative office and warehousing uses would be the
legal non-conforming uses for the site, Manufacturing would only be considered a
legal non-conforming use if resumed prior to the effective date of the rezoning,
Public discussion was opened at 7:43 p.m,
John Shaw .437 S, Summit St., stated that the Longfellow Neighborhood Association
was asking the Commission to consider the best use for this property and requested
that the Commission recommend that this property be rezoned to RS-8, He noted that
the applicants understood that all members of the Commission were not present and
that one member would be abstaining from the vote, He said the applicants
recognized that passage of the rezoning required a majority of the total members of the
Commission so they were prepared to grant a waiver of the 45-day limitation period
and request a deferral to September 17, 1992, if this was necessary. Shaw indicated
that in an attempt to conserve both the time and energy of the Commission and
themselves, the applicants would request a preliminary indication of how the individual
Commission members would vote, This would help them determine if a deferral was
necessary,
Dierks arrived at 7:45 p.m.
It appeared that there was a majority of the Commission willing to vote to approve the
rezoning, There was no further public discussion,
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Public discussion was closed at 7:46 p.m,
Cooper moved to approve REZ92-0011, a request to rezone an approximately 5 acre
portion of the ADS site located at 1301 Sheridan Avenue from 1-1, General Industrial,
to RS-S, Medium Density Single-Family Residential. Dierks seconded.
Dierks explained that the RS-8 zoning was consistent with the surrounding neighbor-
hood, She noted that most of the area is residential. Cooper expressed his agreement
with Dierks, He stressed the need to preserve areas that have historic homes, He
stated he would vote in favor of the rezoning, Starr stated that the question of what
land use was appropriate is the key issue to be addressed by the Commission. He felt
RS.8 would be the most appropriate zoning for this tract.
Bovbjerg said that looking at the appropriate land use is what the Commission should
be doing in this case, She said the past use, current use and the future of the site
should be considered. She thought that the best use for this property was residential,
She noted that comments had been made about what kind of message would be sent
to businesses if this property was rezoned, She said the message should be that Iowa
City would like businesses to come to the community to places with appropriate
infrastructure, She said that she would like to have the employees of businesses and,
other citizens of Iowa City know that they can have a comfortable neighborhood. She
said if this is the case, people would be better workers and good citizens, because
they could feel secure in their neighborhood and enjoy their neighborhood with other
people. She stated that the downzoning of this tract would not cause a hardship on
the current owner because the existing uses in the building would be ailowed to
continue, She said she would be voting in favor of the rezoning,
The motion carried on a 5-0-1 vote. (Cook abstaining.)
DEVELOPMENT ITEMS:
1. S-9007, Public discussion of an application submitted by Paul M, Kennedy for
preliminary plat approval of Kennedy's Waterfront Addition. Part Three, a 30,29 acre,
11-10t commercial subdivision located west of Gilbert Street, south of Stevens Drive,
(45-day limitation period: waived.)
Cook indicated that the applicant had requested that this item be deferred to
Se~ember 1~ 1992.
Dierks moved to defer S.9007 to September 17, 1992, Bovbjerg seconded. The
motion carried 6-0.
2, V AC 92-0002, Public discussion of an application submitted by ACT for vacation of
Dubuque Road (Seven Sisters Roadl as it passes through the ACT campus,
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3. LSD 92-0007, Public discussion of an application submitted by ACT for preliminary
LSNRD plan approval of its 94.35 acre site located at 2201 North Dodge Street. (45-
day limitation period: September 14, 1992,)
Cook indicated that these items would be discussed together, but that separate
motions would be held for each item,
Franklin showed the Comprehensive Plan land use map to demonstrate what areas in
the community are designated for Office and Research Park IORPI uses, She referred
to pages 30-32 of the Comprehensive Plan that indicate the City encourages office
research park development in northeast Iowa City. She noted that Iowa City should
attempt to diversify and increase the property tax base by 1 ) encouraging the retention
and expansion of existing industry, and 2) attracting industries that have growth
potential and are compatible with existing businesses and industries, Franklin indicated
the Comprehensive Plan encourages employment opportunities that are consistent with
the available labor force. She referred to page 32 of the Comprehensive Plan which
indicated that Iowa City should provide for the extension of infrastructure in order to
inciuce development in areas designated for industrial and commercial growth. such as
the ACT area, She noted that the City recently adopted the JCCOG arterial street
plan, which proposes the extension of First Avenue and Scott Boulevard, She
explained that the plan showed the extension of Scott Boulevard over the Interstate
to connect with Highway 1, She stated that the vacation of Dubuque Road and the
expansion of ACT were consistent with the policies of the Comprehensive Plan, and
she stressed that staff's recommendation flowed from these policies, Franklin noted
that Dubuque Road, the subject of the vacation, is not part of the arterial street
system.
Davidson stated that the action requested is the vacation of Dubuque Road between
the west and east property lines of ACT, He reminded the Commission that the action
to be considered was the vacation of the property; that the disposition would be a
subsequent matter. He stated that staff recommended the vacation be approved
subject to retention of the necessary utility easements in the right-of-way. Davidson
explained that the vacation, as negotiated between Iowa City and ACT, was part of
the consideration of ACT's larger development plan for the area, He indicated the
vacated right-of-way would be exchanged for the dedication of right-of-way for the
new arterial street through ACT's property, He said timing was an issue, but alternate
routes could accommodate traffic from the vacated street.
Davidson stressed that the proposal was consistent with the Comprehensive Plan and
the arterial street plan which was recently incorporated into the Comprehensive Plan.
He noted that staff recognized that there was a trade off, because the action will
inconvenience people in the area by closing one means of access, but he emphasized
that the action would not deny access to any property owner, He said that staff
viewed this as a legitimate trade-off,
Davidson said staff felt there were safety problems in this area, and mentioned a
,recent fatality on Dubuque Road north of Rochester Avenue, He said ACT had been
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negotiating with a farm family in the area with respect to access, and the City had not
been a part of this negotiation. Davidson explained that a less convenient alternative
route does exist. He said traffic from east Iowa City could use Rochester and the
Governor and Dodge one-ways, He said there was capacity for additional vehicles on
these roads, Davidson noted the existing congestion problems on the stretch of Dodge
Street between Governor Street and the Hy-Vee, especially at peak traffic times,
Davidson indicated that in the short range future, depending on the rate of develop-
ment in the area, congested conditions could point to improvements needed on North
Dodge, He stressed that the congestion and delay problems would be alleviated by the
extension of a new arterial street in the area. Davidson said that clearly there needed
to be consideration given to the need for new access in the area,
In response to a question from Gibson, Davidson stated that ACT's representative
discussed the possibility of a new access onto Highway 1 north of the Lindquist
Building with the Iowa Department of Transportation and learned that there were
requirements about how close an access could be placed to an interchange, He said
the advice given to ACT's representative was that an additional access onto Highway
1 would not be permitted in this area. In response to a quostion from Gibson,
Davidson responded that representatives from ACT, not the City, checked with the
Iowa Department of Transportation on this issue,
Rockwell reviewed the staff report dated September 3, 1992, Staff recommended
approval of Phases 1 and 2 of LSD92,0007, subject to the vacation of a portion of the
Dubuque Road right-of-way,
Bormann reviewed a memorandum dated September 3, 1992, from Gentry and
Bormann with regard to the Commission's actions as they relate to the agreement that
had been approved by the City for signature by the Mayor. Bormann stressed that the
Commission should concentrate on the merits of the request without regard for the
agreement that had been reached between the City and ACT, She noted that if either
party believed the vacation was an integral part of the agreement, the agreement could
be mutually rescinded or a new agreement could be negotiated. Bormann indicated
that Gentry would like a copy of this opinion attached to the minutes,
Cook asked that the following information be included in the record: a letter in support
of the proposals from the Iowa City Chamber of Commerce dated September 1, 1992,
and signed by John Balmer, a letter dated September 2, 1992, and signed by Kelly
Hayworth on behalf of ICAD in support of the proposals, and a letter from Charles Eble
in opposition to the vacation.
Public discussion was opened at B:08 p.m,
John Balmer, President of the Greater Iowa Citv Area Chamber cif Commerce, stated
that the Commission was in receipt of a statement of position from the Chamber of
Commerce, He explained that at its August 27, 1992, Board of Directors meeting, the
Board unanimously approved the statement in support of the proposed development
in the ORP zone along North Dodge, and specifically in support of the continued
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development of American College Testing, one of Iowa City's key corporate citizens,
Balmer stressed that the Chamber of Commerce also supported the proper regard for
the rights of all individual property owners and encouraged the resolution of local
conflicts by the specific parties involved, He said they would encourage the
expeditious consideration of ACT's current proposal before the Commission. He said
if it were acceptable to the local parties involved, the Chamber of Commerce was
available to facilitate the resolution of access conflicts arising from the proposed
development.
Balmer stressed that the Chamber of Commerce would also encourage the establish-
ment of a time table by the City for the extension of Scott Boulevard and the
development of an east-west arterial between Dodge Street and Scott Boulevard. He
emphasized the development of these streets would serve the interests of individual
and corporate property owners in the area as well as the interests of the citizens of
Iowa City who travel between this area and east Iowa City, Balmer thought the
Commission would agree that ACT was a top corporate citizen, which was environ-
mentally conscious and proposing one of the nicest developments leading into Iowa
City, He noted that ACT has a payroll of approximately $20 million and this would be
increased with the proposed additions, Balmer noted that Iowa City spends time
looking for new industries to locate into Iowa City, and here was one that should be
nurtured. He stressed that we should continue to work to have this type of quality
industry in Iowa City.
Cook asked that if the extension of Scott Boulevard and the east-west arterial were
deemed to be financially unreachable by the City, would the Chamber of Commerce
support the extension of First Avenue as an alternative. Balmer responded that they
would absolutely support this as an alternative because this was part of the plan, He
said there was a need to resolve the whole transportation issue in this area, In
response to a question from Cook, Balmer said that if the Chamber of Commerce could
playa mediating role in resolving the access problems, they would do so,
Dean Hunter, 2802 Muscatine, stated that his family farms on Scott Boulevard, He
reminded the Commission that he spoke to them at their last meeting regarding his
family's need for Dubuque Road for access to their farm, He distributed a copy of the
agreement that was reached between the State of Iowa and those who had land
condemned by the State when 1-80 was constructed, The agreement indicated that
the State owns Dubuque Road and it was built so that the condemnees would have
access to Highway 1. Hunter indicated that Gibson had asked about having a different
access onto Highway 1 on the north side of the Lindquist building. Hunter explained
that the neighbors met with ACT representatives and had suggested this to ACT, He
said that ACT's representatives had said they would follow up on this issue and the
neighbors didn't feel that they had, because It was turned over to someone at Shive.
Hattery who simply did some measurements, Hunter said that the State required 600
feet between the ramp and any two-lane primary road, He felt there was 600 feet
available from the ramp, Hunter stressed he did not feel this was a complete follow
up,
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Larrv MorQan, Shive-Hatterv, said he would respond with regard to the possibility of
an additional access onto Highway 1, He explained that this question was raised early
in Council discussions. He contacted the local Department of Transportation office.
He stated that for the type of street that North Dodge is, no access is allowed closer
than 600 feet from the start of the on-ramp, He said that the representative of the
local Department of Transportation office indicated to him that the present road going
into Shive-Hattery, and Howard Johnson's as well as the street across the highway
going into ACT would be questionable if reviewed at this time, He said the recommen-
dation was that they not consider an additional access so no formal application was
made, At Dierk's request, Morgan pointed out the area in question and the roads on
a map.
Mike Gatens, 2045 Dubuque Road, stated he was not opposed to ACT or progress in
Iowa City, but rather he was opposed to the way ACT was going about the process
by asking to vacate a road without providing an alternative to that road, He said that
ACT's going to City Council, and then to the Commission afterwards, made it difficult
for the Commission to make a decision, He also questioned ACT showing a plan with
streets that dead end and the Councii's apparent willingness to approve such plan. He
seriously opposed actions like this and took it personally that neighbors in the area
were viewed as trying to stop progress, Gatens stressed that he simply wanted ACT
to be required to follow the same process that he would have to follow if he were to
make a proposal. He was certain he would not be able to go to City Council before
going to the Commission,
Gatens stated that the northeast quadrant is important to Iowa City, and roads in the
area have been a problem for some time, He said the plan was now before the
Commission with streets that dead end at property lines, Iowa City would be placed
in the position of having to determine how these roads wouid continue, He said it
appeared that ACT was not going to back down regarding alternative access before
closing Dubuque Road, but he stressed that the road should not be closed prior to the
opening of an alternative, He reminded the Commission that Gibson removed himself
from the Commission during a request by the University of Iowa for a street vacation,
and went through the process by going to the Commission before approaching Council,
John Clancv, 2003 North Dodae 8t" stated that he concurred with Gatens and was
very much in support of Gatens' statements, Clancy said that the neighbors are few
in numbers, but there was 100% opposition from the neighbors to what had been
proposed by ACT. He said that the neighbors did not seek recruits and the Chamber
of Commerce did not offer to appear on the neighbors' behalf, but he stressed that the
neighbors also did not ask the Chamber of Commerce to speak for them.
Clancy said that when ACT was asked why they wanted to close Dubuque Road, the
first response was that it was in the interest of safety, He said that the neighbors
can't be against safety, but he said that he had never seen anything to be concerned
about on Dubuque Road with regard to safety, He said ACT also said it didn't want
its campus to b'e divided, He asked if First Avenue were extended years from now,
why was there a need to close Dubuque Road at this time?
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Clancy noted that at the last Commission meeting, ACT brought in a firm from Des
Moines which had charts and diagrams which were shown to the Commission, but
members of the public could not see what was being presented, However, Clancy said
that the neighbors heard enough to question if the reasons given by ACT were
sufficient justification for closing Old Dubuque Road, He quoted the Press Citizen
which indicated an architect had said that if Old Dubuque Road was left open, it would
disturb the fluidity of the site, Clancy said he didn't know what fluidity had to do with
closing Old Dubuque Road, With regard to aesthetics, Clancy did not see a relationship
between aesthetics and the closing of Dubuque Road, He said that ACT had also
indicated that keeping Dubuque Road open would leave a bad first impression on
visitors or clients coming to ACT. Clancy expressed doubts that these were sufficient
reasons to close Dubuque Road at this time, He indicated that ACT had said that if
they couldn't have the vacation, they wouldn't expand or would be unable to expand.
Clancy did not feel this showed very much maturity on ACT's part; that it did not help
its public image.
Clancy said this issue was beginning to seem like many issues in Washington, where,
when too many questions are asked, it comes down to the same answer - the
information is classified or is in the interest of national security, Clancy said national
security tends to be whatever the government wants it to be, He said in Iowa City,
the word is progress and he stressed that some terrible things have been done in Iowa
City in the name of progress, He noted the closing of Newton Road which cut off
access to the University of Iowa Hospitals, He explained the difficulty in directing
people to the University of Iowa Hospitals emergency room and said he would hate to
see the same situation occur in the area where he lives,
Jeff Larson, 2201 Dubuaue Road, said he felt that ACT's request was a done deal at
this point. He said they have had assurances that the land "topography" will not
determine precisely where the road will be located. He said he had also been told that
the road was not going to go through his house, He said he would like similar
assurances from the Commission, He asked if it was a general rule that the
Commission would prefer to have the road go through a parking lot instead of a house,
Cook responded that as a general rule, that would be a fair statement.
Charles Eble, 2550 Dubuaue Road, stated that he was bothered by the fact that Iowa
City and ACT did not investigate the amount of traffic that uses Dubuque Road before
coming to an agreement, He said the count taken after the agreement was reached
showed that Dubuque Road is used and that this alone would justify keeping the road
open,
Joe Puah, ACT, showed on a map how much property in the area is owned by ACT
and what portion is subject to review under the LSNRD request. He reminded the
Commission that ACT's property will be traversed by the extension of First Avenue or
Scott Boulevard as is shown in the Comprehensive Plan, He said the current proposal
reflects the overall planning documents that ACT put together in 1988, He
emphasized that ACT's proposal reflects what has already been approved by the City
without the discussion with the neighbors or consideration of where the alignment of
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this road would go once it left ACT's property, Pugh noted that Old Dubuque Road
was billed as a frontage road and that the state did not acquire all of the property for
the road as it approached the property that was acquired by ACT in 1969, For this
reason, Pugh noted that it was possible to vacate the road, but where the State
property meets ACT property, it is possible to effect the closure at that point. Pugh
said the agreement that ACT had with the City Council was to proceed to acquire all
of the right-of.way to facilitate the eventual development of the property. He stressed
that the State did not extend its ownership to the full length of Dubuque Road from
ACT's east property line to their west property line,
Pugh showed a diagram of the site with the proposed and existing structures, He said
that it was clear that if ACT desired to expand at this site, they had to acquire more
land and did so in the 1980s, He said ACT then embarked on a planning study to
consider its needs and the best use of the remaining property within the framework of
a 20-30 year period, He said ACT selected a team of consultants, Rod Kruse had
provided a description of the planning technology to the Commission at its last meeting
in response to the Commission's request for why the plan was developed as it was,
He said the planned development was designed based on ACT's past growth and
history of development in order to accommodate growth for the next 25.30 years on
the 100 acre site. He said the LSNRD proposal was for an additional 450,000 square
feet of building space for a total of 640,000 square feet of building. He said the
proposal was intended to accommodate up to 2800 employees on the site, He
stressed that while this was a long-term plan, there was a need to consider this
number when looking at the arterial street plan,
Pugh stressed that the plan was prepared with consultation with the City Manager and
City staff every step of the way. Pugh said when the plan was prepared, City staff
was asked what process ACT should use to implement the plan because they were
concerned about making a substantial investment, He said they were advised by staff
of the LSNRD process and of the possibility of development agreements with the City
Council. Pugh said ACT prepared to implement the plan approximately one year ago
and contacted the City Manager and his staff, and a process was laid out for ACT,
Pugh said they went to the City Council first and are now going through with the
commitments that are included in the agreement they made with the City Council.
Pugh stressed that ACT was aware of the impact the development would have on
neighbors, some of whom disposed of property to ACT. apparently unwilling to believe
what would happen to it when it came into ACT's possession, Pugh believed the plan
was in concert with the Comprehensive Plan and would also suggest that the Commis-
sion consider approval of the LSNRD and street vacation because the plan is consistent
with Iowa City's Comprehensive Plan. Pugh stressed that the LSNRD meets all of the
requirements of the Ordinance and noted that no questions had been asked of him
about that request. He noted that staff had presented the LSNRD to the Commission
with their recommendation for approval without exceptions,
Pugh indicated that he had brought overheads of the drawings that were shown at the
iast meeting related to the planning criteria and what ACT was trying to achieve by
closing the road. He explained that the first part of the plan would be the installation
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of all infrastructure needed to accomplish the long-term plan, He said they would hope
to come back within the time frame allowed by the LSNRD regulations with plans for
construction of at least 1500 square feet for a proposed building on the right side of
the diagram with the additional employment of approximately 1450 individuals, He
said additional buildings would be added over time as the needs and requirements
made them necessary, Pugh reviewed the diagram of the proposed site and the
desired ring road. He said each phase would look like a complete development. He
showed a diagram of the east-west arterial not bisecting ACT's campus, which is
similar to what is shown in the City's plan.
Franklin used a diagram to show the Comprehensive Plan alignment. She explained
that the Comprehensive Plan showed the approximate location of roads, She said
discussion at the time the approximate locations were decided centered on placing the
roads on top of the ridge, because this would be the easiest alignment. However,
Franklin stressed that these were simply general designations and when a capital
improvements project was begun, the engineering would be done to layout the precise
alignment for a road, She said this would be analogous to the discussion the
Commission had with regard to a collector street going north of Rochester Avenue.
She reminded the Commission that they decided on a general alignment, but now staff
was looking at precisely where the road would go to avoid wetlands and require the
least amount of fill, She emphasized that the lines seen on the Comprehensive Plan
for future roads simply designated a general alignment for roads.
Pugh showed the Commission the drawing of the proposed ACT development if Old
Dubuque Road remained open, He said that ACT hoped the vacation was the right
way to proceed because the Comprehensive Plan did not show this road carrying
traffic once other connections had been completed, He noted that a study showed
that 560 vehicles use Old Dubuque Road each day, and he reported that ACT did
traffic counts over the last week that confirmed this result.
Bovbjerg asked if the plan could be adjusted so that the east-west arterial missed the
houses west of the Tyler Building by going through the parking area south of the Tyler
building, Pugh responded that there was a steep ravine as well as a steep grade so
the consultant advised that it would be less expensive to build at the proposed route.
He said that at the City Council level, ACT did not object to other alignments as long
as the road didn't bisect the ACT campus, Morgan stressed that one goal that ACT
has is not to pave any more road or parking lot than was necessary, He explained that
all areas that are gradable are shown as parking on the diagram. He stressed there
was rough terrain in the area. ACT was trying to meet its requirements for parking
without filling ravines or removing large trees, Dierks noted that ACT had a reduction
in parking approved by the Board of Adjustment, but had noticed earlier in the day that
people were parked along the curb, Morgan said that in Phase I, ACT would propose
to expand the lot south of Lindquist building because the problem with parking was
that the available spaces were farther from the building, Pugh noted that ACT recently
acquired two other buildings in Iowa City and stressed that when these two buildings
are occupied in October of this year, the parking problems will be resolved. He
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indicated that they had presented the Board of Adjustment with photographic evidence
of the excess parking capacity at the site.
Cooper asked if ACT would be willing to pay for a portion of the road, Pugh stated
that part of the agreement with the City Council was that ACT would not be required
to pay for the road unless ACT asked to have the road constructed or their develop-
ment required that it be constructed, He said ACT was willing to make the land
available for development of the road and would shift the location of the right-of-way
that ACT would dedicate to the City if the City decided to place the road elsewhere,
In response to a question from Cook, Pugh stated there would be a potential for 2BOO
total employees under the long-range plan, He stressed that ACT looked at the City's
plan and saw that streets would be in the area, only now ACT had been told that it
might be, far into the future when these roads are constructed, He stressed that ACT
expected to live by the agreement.
Davidson explained that ACT's plan is for 30-35 years for fuli development of the site.
He said there would be other development in the community that would cause
congestion in this area and require extension of the streets, In response to a question
from Starr, Davidson said that typicaliy a subdivider would pay for the construction of
local streets that are required for development. He explained that if a coliector or
arterial street is required, then the developer would pay the equivalent of what would
be needed to construct a local street and the City pays for the overwidth. Davidson
explained that an arterial street is a community street used for moving traffic
throughout the City, so the City was generaliy responsible for the cost of its construc-
tion.
Pugh indicated that representatives of ACT had met with the Hunter family and told
them access would be allowed across ACT's property until such time as an alternative
route is available out of the area, He stressed that ACT could solve the access
problem for the Hunters with very little difficulty. However, Pugh stated that the
Hunters would prefer to have the situation remain as it was, so he expected they
would not agree to an alternative access provided by ACT until the process was
completed,
Charles Ruppert. 1406 North DubuQue Road, stated that he is a lifelong resident of the
area. He showed what alternative routes would be available if Old Dubuque Road is
closed, He stressed that he ,would assume that alternatives would be constructed
before the road was closed and indicated that it was difficult to have development
without adequate roads,
Dean Hunter stated that ACT was talking about having development occur 30-40 years
in the future, so it seemed simple to him that there was no need to close Old Dubuque
Road until an alternative road was available,
Jeff Larson said that the ravines get larger as you go farther south from the Tyler
building, He noted that ACT's proposed route crosses two large ravines and if the
street went to the north nearer the Tyler building, there would be a smalier ravine to
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cross. He said that just because ACT owns a lot of property in the area doesn't mean
they should get special privileges, Larson believed this is what Pugh was alluding to
earlier in the meeting,
Mike Gatens said that his family sold property to the Press Citizen, City of Iowa City,
and ACT, He stressed that they knew why ACT purchased the property and was glad
that they did, He said he simply wanted to clarify that his family was intelligent
enough to understand this, He noted that, at the beginning of ACT's comments, there
was discussion regarding access onto Highway 1. He said he had presented
information to the Council about who does own Dubuque Road. He explained that in
the 1920s, his grandfather and some other property owners in the area sold easements
to Johnson County for Dubuque Road, He said that in the 1960s, when the area was
annexed, by the City of Iowa City, that easement went along with the annexation.
Gatens explained that when ACT bought property from the Gatens family, they
purchased it to the middle of the road, but the City still had the easement to use the
road for public access, He stressed that it was not the same for all of the property
that ACT bought from other property owners in the area, Cook indicated that he was
unsure if ownership of the road is a critical issue at this point.
Gatens said that ACT is saying it would give 14 acres to the City, but neglect to
mention that they are trying to get 12,9 or 12,7 acres of Dubuque Road access in
exchange for the 14 acres. He noted that this area overlooked the Interstate and ACT
could sell it to someone who wants exposure to the Interstate. He said other property
owners in the area would be limited to one access if Dubuque Road was closed before
other routes were constructed, He said ACT was concerned with pedestrians on the
road, but this area was nothing like the downtown area, He noted that Old Dubuque
Road has a stop sign that is obeyed, He asked who would pay for the roads that the
Comprehensive Plan shows, especially since the least expensive route would be to
divide ACT's property. However, he noted that ACT was expecting that the more
expensive route would be constructed,
David Hem Del. 757 Grant Street. stated that he is a business owner in downtown Iowa
City and he is embarrassed to be a citizen and businessman in Iowa City after hearing
the comments from Mr, Pugh, He said Pugh seems to have forgotten that you can't
talk with words alone and convince others that ACT had communicated with the
neighbors. He said that ACT hadn't convinced him, He said that if ACT knew about
the access problem in 1988, the neighbors should have been notified at that time and
there could have been some communication, He asked that the Commission consider
their consciences and consider the neighbors.
Public discussion was closed at 9:28 p.rn,
BovbJerg moved to approve VAC92-0002, vacation of Dubuque Road as It passes
through the ACT campus. Cooper seconded,
Bovbjerg explained that legal counsel had reminded the Commission frequently that
this is simply a vacation of a road, She thought it was difficult to look at it as simply
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the vacation of a road, because the area does have neighbors, history, present use and
future use, She stressed that while there would be ramifications of the Commission's
decision, it was still simply a vacation. She appreciated legal counsel for keeping the
Commission focused on this issue. Bovbjerg said she could not in good conscience
close one critical road without there being another road available to take over the
function. She said closing Dubuque Road without providing a substitute would put a
burden on the neighbors and other members of the community, She felt it would be
poor planning to close the road before having another road in place, She noted that
ACT's plan depended upon and directly provokes the vacation of Dubuque Road, the
vacation of Dubuque Road directly provokes the building of the east-west-First
Avenue-Scott Boulevard extensions and therefore, she felt ACT's plan directly
provokes the building of the east-west-First Avenue-Scott Boulevard extensions, She
would like to see ACT, the neighbors, and the City through City Council discuss
building roads in this area, She said ACT would benefit from such a process, which
would benefit everyone in the community, She said these discussions should start
now and seriously. Bovbjerg said if and when the new roads are in place, the vacation
of Dubuque Road would make sense, but she would have to vote no to the vacation
at this time,
Dierks expressed her agreement and said she could not justify closing a road before
there were viable roads open to be used, She said the Commission needed to ask the
City Council what they'd like to see in this area and then back this up with some
action, She said she had some concerns with the southern alignment going through
the Larson and Gatens homes. Dierks preferred to see where the road will go before
vacating this section of Dubuque Road,
Cooper said he would be basing his decision on two issues, He did not feel this issue
was handled with the right procedures. He said the legal opinion did not satisfy him.
He also did not see how you could close a road that is used without having another
road in place, He stressed that generally developers have to provide for roads, and
ACT should get together with the neighbors and Council to see what could be worked
out with regard to providing alternative access,
Gibson clarified that the University of Iowa went through essentially the same process
as ACT with the difference that the University of Iowa had no development agree-
ments with the City Council at the time the issue was passed on to the Commission.
He expressed his agreement with other Commissioners that the road should not be
closed without providing an alternative road to meet its well-documented needs. He
stressed that the City needed the connection to the north on the east side of Iowa City
and said that the First Avenue and Scott Boulevard extensions would accomplish this
connection, He stressed that the City should not leave homeowners in an uncertain
situation about the continuing viability of their homes as is represented by the current
situation, Gibson felt it was not acceptable to dead end streets at homes unless there
was communication with the property owners and a schedule as to when development
would occur. He emphasized that even then, this would not be a desirable solution.
Gibson said the City should proceed to determine the nature and location of these
arterials and not continue to rely on development which produced this outcome, He
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said he feels the area is too difficult to allow ad hoc development to guide the
construction of arterial streets, because of the topography and ownership patterns,
He said the next issue was a judgment call, but he was not certain that the agreement
that had been negotiated between ACT and Iowa City was in the best interest of Iowa
City. He said there had been some suggestion that a vote against this plan was a vote
against ACT and economic development in Iowa City, Gibson stressed that ACT was
not on trial nor was economic development. He said the metaphor comes to mind that
if .you see a turtle sitting on a fence post, it probably didn't get there by itself, Gibson
said that he was not prepared to point the finger at ACT at this time for the process
that was followed.
Gibson said he was in fundamental agreement with the position of the Chamber of
Commerce. Its disagreement was only on the issue of timing, which seemed to have
been ignored in dealing with this problem. He said before he could agree to approve
this proposal, there must be a higher level of assurance from Iowa City regarding a
timetable for development of streets in this area before Dubuque Road is closed, He
said it would be dangerous for the Commission to embark on detailed planning at this
point, but he said it appeared that ACT could choose to proceed with the plan and not
close Dubuquo Road, He said there would be a price of continued traffic and possible
double-up cost on intersection development and some changes required in parking lots,
but the roads they have on their master plan appear to follow the alignment of
Dubuque Road, He said this wouid allow for continued negotiations with the City to
develop a better arrangement with the neighbors at a price of deferring somewhat the
removal of traffic in the area, He said he would vote no on the vacation with the hope
and expectations that planning will recycle on this issue and better address the
interests of all involved parties.
Dierks stressed that her vote would not be a reference to ACT or its role in the
community,
Starr stated that he has been and will continue to be supportive of economic develop-
ment in Iowa City, He recalled a call he received from a Council member prior to his
appointment to the Commission and was asked about his philosophy regarding
planning. He stated that the first thought that came into his mind was planned
development. He said ACT's development was planned and was thoughtful and
functional for ACT, However, he noted that to accomplish this plan at this time,
access to a road would be eliminated without a commitment to replace or provide
finanCing for an alternative access. He said economic development must be a private/
public partnership and there was a need to ask if the infrastructure was in place for
development to occur and if it was not, what wouid be the financing pian. Starr
stressed that he believed ACT was good for Iowa City and was good for the neighbors,
but he did not want to see this plan approved until there was a commitment from the
City for the extension of Scott Boulevard to link up with the new east-west arterial to
connect ultimately with Dodge Street without disrUPting existing homes if at all
possible. Starr said he would also like to see a commitment from the City for a time
frame for this to be accomplished, He said for these reasons, he would be voting
against the vacation at this time,
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Cook said that the goal of the Commissioner's stat~ments was to clarify the concerns
specifically so that negotiations could continue, He wanted to address the planning
issue and said that by not providing alternative access for this area, the City could be
jeopardizing its ability to develop surrounding properties in a sequential and cost-
effective manner, He said in doing so, the City could also jeopardize its tax base and
be forced to annex or extend utilities to less efficient areas to gain property to
accommodate the growth of Iowa City, He indicated that a second problem he had
with not providing alternative access to the area was that it would cut into the
, productivity of people, He said people would arrive late or frustrated at work or would,
have to leave earlier. He said this would cost both time and productivity. He said the
primary beneficiaries would be the employees of ACT, however, he said everyone in
Iowa City, especially those in the northeast quadrant would be affected, He said that
not including alternative access would increase traffic loads on those properties along
Rochester Avenue and North Dodge Street and these property owners would then be
subsidizing ACT's development.
Cook said that there had been a concern expressed to the Commission regarding the
economic development issues involved with this proposal, He said it is very clear to
the Commission the number of jobs that were at stake, He said it appeared to be the
general feeling from the Chamber of Commerce as well as other members of the
community that Iowa City had been anti-economic development. He said when he
looked at the projects reviewed on the Commission over the past four years, he finds
that it had not denied any significant economic development issues, He noted that
three members of the Commission are dues-paying members of the Chamber of
Commerce and support economic development. However, Cook stressed that they
want new and expanding businesses to meet the same high standards that current
businesses must meet in Iowa City, He said a further concern is that this process has
worked very well for economic development and if it was not used carefully in the
interest of economic development, future projects that involve economic development
may not be looked upon as favorably, He emphasized that in this situation there was
the opportunity for compromise. He suggested it might be possible to bring the First
Avenue or east-west arterial closer to the Tyler Building, He said that if compromise
does not occur, then planning goals and the quality of life will not be forwarded, He
said the City is a business and it has to operate efficiently and humanely, He stressed
there was an opportunity for compromise and he would be voting against the vacation,
The motion to approve the vacation of Dubuque Road was denied by a 0-6 vote.
BovbJerg moved to recommend to the City Council that V AC92-0002, the vacation of
Dubuque Road as It passes through the ACT campus, be denied. Gibson seconded,
The motion carried on a 6-0 vote,
Bovbjerg moved to approved LSD92-0007, the preliminary LSNRD plan of ACT's 94.35
acre site located at 2201 North Dodge Street. Dierks seconded,
Gibson was not sure if it would be consistent to approve the LSNRD plan once the
Commission had recommended denial of the vacation. Bormann stated that if the
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LSNRD plan is not contingent on the vacation or doesn't specify the vacation, the
Commission could go ahead and vote on the LSNRD, Rockwell explained that the plan
involved the closure of Dubuque Road, and staff had recommended approval of the
LSNRD, subject to the vacation of Dubuque Road, Bovbjerg felt that the plan definitely
depended on the vacation of Dubuque Road, It would represent poor planning to
approve the LSNRD proposal if it was dependent on the vacation, Cook said the
Council needed to make a commitment that it is willing to extend infrastructure and
provide detailed plans regarding costs before this plan could be approved. He did not
think it was above board for Iowa City to deny a Johnson County subdivision, such as
the Buchmayer proposal. because the County has failed to provide appropriate
infrastructure for rural development. when the same could be said about the City
regarding the commitment for alternative access to Dubuque Road, He stressed that
some sort of cost-sharing should be worked out with property owners in the area.
The motion failed on'a 0-6 vote.
BovbJerg moved to deny LSD92-0007, the preliminary LSNRD plan of ACT's 94.35
acre site located at 2201 North Dodge Street, Dierks seconded, The motion carried
6.0.
4. LSD 92-0006, Public discussion of an application submitted by Bill Happel for final
LSRD plan approval for Rochester Hills for up to 32 condominium units on 25.19 acres
of land located north of Rochester Avenue and east of St. Thomas Court. (45-day
limitation period: September 14. 1992.)
Miklo indicated that staff had received a revised plan which corrected the deficiencies
and discrepancies, He stated these had not yet been reviewed by the Engineering
Department and some corrections needed to be made to the legal documents. Staff
recommended approval subject to approval of the legal papers by the City Attorney's
Office and staff approval of the revised site plan and constructio~ plans by the Public
Works Department prior to City Council consideration,
Public discussion was opened at 10:00 p.m.
There was none,
Public discussion was closed at 10:00 p.m,
Cooper moved to approve LSD92-0006. final LSRD plan approval for Rochester Hills
for up to 32 condominium units on 25.19 acres of land located north of Rochester
Avenue and east of St. Thomas Court, subject to approval of legal papers by the City
Attorney's Office, and staff approval of the revised site plan and construction plans
by the Public Works Department prior to City Council consideration. Gibson seconded.
The motion carried 6.0.
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5, VAC 92-0003. Public discussion of an application submitted by James Jensen to
vacate the north-south alley located east of 410 Reno Street.
Miklo reviewed the ,staff report dated September 3, 1992. Staff recommended
approval. Miklo referred to a letter from an adjacent property owner to the northwest
requesting an easement to travel across the alley if it is vacated to bring equipment
and gardening supplies to the property.
, Public discussion was opened at 10:05 p,m,
Jim Jensen. aDDlicant, stated that he bought his house in August of 1991. He said
he planned on remodeling the structure and the plans and financing had now been
arranged, He explained that the yard had been poorly maintained and he wanted a
vacation to allow for landscaping to occur as the people to the north had done, He
referred to the letter from Mr. Klaus and showed photographs of Mr, Klaus' yard, He
noted if the alley was vacated, there would be access to the Klaus property except for
what might be required by a cement truck, He said the grade shouldn't prohibit access
across the property. He had asked Mr, Klaus why he wouldn't agree to the vacation
and Mr. Klaus had indicated to him that he didn't want to drive across his yard.
In response to a question from Starr, Jensen indicated that the alley is not essential
for access to the property, Jensen noted that all of the alleys to the north had been
vacated and to the south the alley only goes to one house, He thought he was just
asking for the precedent to be followed. He noted that Mr, Klaus could cut down one
bush at the end of his driveway and be able to drive the entire length of his yard
straight from the driveway,
Ted Ansonson, 1232 E. DavenDort. stated that he owns property across the alley from
Mr. Jensen, He said that the alley is important for access to the Klaus property. He
noted that the Klauses have been a source of flora for the entire neighborhood, He
said that if access is necessary through the alley for the Klaus property, then it is
reasonable to maintain this access, He noted that the Klauses maintain a huge
perennial garden and small vehicles are often necessary to maintain this garden. He
said that since there is currently access to the property, it should be maintained, He
said that he has a 12-100t long compost bin that is open to the alley at the back of his
lot. He noted that to turn the compost, he must go into the alley, He said he would
have constructed the compost bin differently if he had known about the proposed
vacation, He said the vacation should be denied or at least an easement provided for
himself and the Klauses for access to their properties,
James Manarv. 419 Pleasant, stated that he lives north of the Klaus property and
agrees with Mr, Ansonson, He said the Klaus yard and garden are meaningful to the
neighbors and that only occasional access would be needed,
Jensen stated that the Klaus lot is 80 feet wide and the only thing that he wouldn't
be able to bring along the side of the lot would be a very large truck, In response to
a question from Dierks, Jensen said he would only agree to an oral easement and
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nothing in writing. Dierks expressed a concern if there was just an oral agreement,
then access could be blocked, She was concerned that there at least be some type
of an easement. Jensen responded that he saw no need for an easement because
access would only be needed for heavy equipment. In response to a question from
Bovbjerg, Jensen stated that the yard was rough when he moved in and was not well
maintained, He said he now wanted to do it right.
Public discussion was closed at 10:19 p.m,
Dierks moved to approve V AC92-0003, the vacation of the north.south alley located
east of 410 Reno Street. Bovbjerg seconded,
Gibson said he was struggling for a reason to vote one way or the other on this issue.
He noted that the alley to the north was vacated at the request of the Klauses for their
benefit of an expanded yard, but they still maintained alley access to their property,
Gibson felt it would be a mistake to continue with this treatment of the alley so he
would be voting no on this issue, He said that there would be no point in vacating the
alley if there were an easement, because it would restrict the area's use in develop-
ment as a lawn,
Dierks expressed her agreement with Gibson, She said that if the alley could be
vacated and landscaping could be permitted while access was still allowed, she would
be able to approve this item, However, Dierks said she had a problem with there being
future requests and perpetuating what was a mistake in the first place,
Cook said that generally if he is on the fence on such an issue, he will not approve any
item that appears to be a taking without just compensation, He said he would be
voting no on this item. Bormann said she did not feel a taking was an issue in this
matter, Cook felt it could be argued that there was a taking without just compensa-
tion, based on the denial of access to a property.
Starr said that because the other property did receive a vacation of the alley and was
allowed to landscape their yard through what was once the alley, then he felt that this
property owner should also be entitled to do so, and he would vote in favor of the
vacation,
The motion failed on a 2.4 vote (Cooper and Starr voting In the affirmative).
Cooper moved to deny VAC92.0003, the vacation of the north-south alley located east
of 410 Reno Street. Bovbjerg seconded. The motion carried on a 4.2 vote (Cooper
and Storr voting in the negative),
Dierks reminded the members of the public to follow this issue to the Council and
make their arguments at that time.
6, SUB92.0017, Public discussion of an application submitted by K.M for final plat
approval of Park West Subdivision, Part One, a 23 lot, 9.48 acre, residential
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subdivision located at the end of Teg Drive. (45'day Iimitetion period: September 27,
1992.)
Miklo seid thet staff had received revised plats which have resolved all of the
deficiencies and discrepancies. He said staff would recommend approval subject to
approval of the legal papers and construction plans that should address the construc-
tion of the storm water detention basin with escrow funds on land owned by John
Dane, which he had indicated he would dedicate to Iowa City for use as parkland,
Dierks said a concern was expressed to her regarding the elevation of the road, Miklo
responded that the requirement is that the road be no more than one foot below the
100 year flood elevation, He said that at times the road could be covered with water,
but emergency vehicles could still get through that amount of water. In response to
a question from Dierks, Miklo indicated that the lots would be at a higher elevation
than the road,
Public discussion was opened at 10:28 p,m.
Doua Johns, Tv'n Cae Neiahborhoad Association, stated that there was some erosion
of the spillway and siltration occurring in the existing storm water detention basin, He
said his concern was that there might not be enough flood control so that the houses
on west Aber Avenue wouldn't be flooded, He also expressed the concern that the
new pond have a gradual slope for mosquito control and safety reasons, He also
asked that as much as possible, the pond be made inaccessible for toddlers with either
a fence or dense shrubs, especially since a wetiand prairie and wetland trail are being
considered for the adjacent area,
Larrv Schnittier, MMS Consultants, stated that the maximum depth of water at the
gutter would be 12 inches in the roadway and at the crown of the street the maximum
depth would be 8 inches.
Public discussion was closed at 10:30 p.m.
Cooper moved to approve SUB92-0017. final plat of Park West Subdivision. Part One,
a 23-lot, 9.48 acre, residential subdivision located at the end of Teg Drive, subject to
City Attorney approval of legal papers Including agreements pertaining to the
construction of the storm water management facility, and Public Works Department
approval of construction plans prior to Council consideration of the plat. BovbJerg
seconded.
Dierks noted that she was absent during most of the discussion pertaining to the
preliminary plat of this item so she would be abstaining from a vote,
Gibson said it appeared that John Dane would dedicate 10 acres of property to the
City for parkland and this should be noted and applauded,
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Bovbjerg said she would like the Council to be aware of the comments from the
neighbor regarding the existing storm water detention basin in the area and that the
Council should see to it that staff verifies if there is an erosion problem or lack of
capacity.
Cook said the City would be given funds to construct the stormwater basin on
property that is likely to belong to the City, so it is incumbent on the City to design it
properly, He said he was not sure if the tract contained a wetland prairie, He said
acquisition of the property was subject to approval of the next plat, and the Parks &
Recreation Commission would want to look at the site and discuss its future with the
neighborhood.
The motion carried on a 5-0-1 vote (Dierks abstaining).
Miklo explained that the timing of the payment of the escrow for the stormwater
detention basin may be tied to building permits or street construction,
7,
SUB92-0018. Public discussion of an application submitted by Bruce Glasgow for
preliminary plat approval of First and Rochester Commercial Subdivision, a two lot,
2,88 acre commercial subdivision located at the southwest corner of the intersection
of Rochester Avenue and First Avenue, (45.day limitation period: September 27,
1992,)
Miklo stated that staff would recommend deferral of this item to September 17, 1992,
based on technical deficiencies and discrepancies, He explained that the City
Attorney's Office is researching the question of whether or not the adjacent property
to the north should be included in the subdivision, He said a grading and erosion
control plan had also not been submitted and this is a requirement of the plat
application, so at this time the application is incomplete,
Public discussion was opened at 10:36 p,m,
Bruce Glasaow , aoolicant, stated that this was just a preliminary plat with two lots.
He said they had owned the property for approximately 30 years and this was just the
completion of the development for the area, He noted that the City Attorney's Office
had been researching this issue for approximately four to five weeks. Bormann
responded that the issue only recently came to the attention of the City Attorney's
Office. She noted that part of the application had not yet been submitted, so it was
not just a legal opinion that was holding up consideration of this item.
Glasgow stated that the Iowa State Bank is on its own subdivision and was brought
in by the owner with the full support of the City, He explained that he had two
building permits to prevent a gas station from being developed and on the day they
expired the City brought him two more permits to force the other guy into a
subdivision so there was a subdivision on the corner. Bormann stated that apparently
Glasgow transferred the lot so that development of Dan's Short Stop could occur, The
City Attorney's Office needed to determine if these additional two lots constituted the
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three lots that would trigger the need for a subdivision, She clarified that this would
only affect storm water requirements, Glasgow said he can't subdivide the property
if he was required to include someone else's lot. He said he would agree to a two-
week extension, He said if the issue was not resolved by then, he would ask for a
vote and would proceed to the Council.
Public discussion was closed at 10:40 p.m.
BovbJerg moved to defer SUB92-001 B to September 17, 1992, Dierks seconded, The
motion carried 6-0,
ZONING ITEMS:
2, ANN 92-0001, REZ 92-0010, Public discussion of an application submitted by Plum
Grove Acres, Inc, to annex 7.08 acres located north of Court Street and east of Scott
Boulevard, and to rezone the parcel from County RS, Suburban Residential, to RM-12,
Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential.
The parcel is identified as Scott Boulevard East, Part Two, (45-day limitation period:
September 14, 1992,)
Miklo referred to a letter received from Gerald Palmer of the Iowa City Community
School District. He indicated that staff had no further information to present.
Public discussion was opened at 10:41 p,m,
There was none,
Public discussion was closed at 10:41 p.m.
Cook said it was,the intention of the chairperson of the Commission to defer this issue
based on a number of questions that were raised, particularly regarding annexation,
He said there was also a question regarding the Fringe Area Agreement. The Fringe
Area Committee plans to meet in the near future, He said this issue would be
discussed, and requested an extension of the 45-day limitation period from the
applicant. Bormann said Scott had suggested deferring this item to December 3,
1992, based on the timetable for discussion between the County and City regarding
the Fringe Area Agreement. Glasgow indicated that he would not agree to that length
of time for a deferral. He said it was his understanding when he gave 100 feet of
right-of-way to the City for Scott Boulevard that this area would be allowed to develop
in the City, He said he was given promises that there would be no storm water
detention required for County ground, He recalled that the City constructed a five acre
storm water detention basin which is located 20% in the City and 80% in the County.
He said this assured him at the time that the City intended for this area to come into
the City for 5ubdivision, Glasgow explained that he had agreed to maintain the basin
forever, or the City would mow it and bill him, He said that if a portion of this
property is in Johnson County, the City cannot maintain or bill him for maintenance of
the property. He said he knew at the time that he gave the street to the City, it was
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Page 22
in exchange for being able to develop on the other side of Scott Boulevard and he said
he had no question about this, Cook asked if Glasgow had any evidence of this
agreement with the City, Glasgow said that when you are dealing with the City of
Iowa City, you have no evidence. He stressed that this six acres would not make or
break any Fringe Area agreements, He said he would be willing to agree to a one
month extension, Cook stated that this item would be deferred to October 1, 1992,
In response to a question from Gibson. Glasgow said he does own additional property
to the north and this area would not be annexed because the people in the north don't
want to be in the City, He also said he needed to figure out how to put the subdivision
around the storm water basin and said he would like to proceed in the Spring.
Gibson moved to defer ANN92.0001 and REZ92.0010 to October 1, 1992. Dierks
seconded, The motion carried 6.0,
3,
REZ92.0009. Public discussion of an application submitted by Joan Hart to rezone
properties located on the north side of Jefferson Street between Linn and Van Buren
streets; and property located on the south side of Jefferson Street between Gilbert and
Van Buren streets from CB-2, Central Business Service Zone, to CO-l, Commercial
Office, (45.day limitation period: September 17. 1992.)
Miklo stated that he had a letter from the applicants waiving the 45.day limitation
period to September 17, 1992, He said it had been verified that everyone who signed
the petition owns property in the area. He said the Commission had received two
letters of support for this rezoning from the Northside Neighborhood Association and
from Friends of Historic Preservation, He reviewed the staff report dated September
3, 1992, Staff recommended deferral until parking amendments have been proposed,
He stated that staff believed the CO-l zoning classification was appropriate and would
allow the area to continue as a mixed use office/residential area. He said that currently
the parking requirements in the CO-l zone were more stringent than in the CB-2 zone:
He said that this may make it difficult to reuse the existing buildings, He said that the
RM-12 zoning district allowed for a reduction of parking requirements for historic
buildings. He'said staff recommended a similar provision be added for the CO.l zone.
Starr expressed concern that this area is within the portion of Iowa City that has
restricted parking, He indicated he would have a problem with adding to the parking
difficulty in the area. Miklo noted that a special permit would be likely to be required
to allow an easing of parking restrictions and this would need to be reviewed on a
case-by.case basis.
Public discussion was opened at 10:55 p,m.
Joan Hart. 328 E, Jefferson Street, stated that her family had resided in their home
for 17 years, She said the home was previously occupied by William Gay, a
cattlebroker in Iowa City, She said the neighborhood has a tradition of interesting
people living in the area with structures that have interesting historical features, She
said the desire is to preserve both the residential and historic character of the
neighborhood. She said they were alerted to the difficulty of neighborhood survival
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when her own family went to refinance their home, She said along with Jan Dull, they
requested a residential rezoning classification from staff and were advised that the
Planning Department would recommend a change to CO.1, but that the area was much
too small and too close to the downtown for a residential zone deSignation, Hart
indicated that downzoning to CO., would help protect the existing status and remove
the threat of certain auto. oriented business, but that a commercial zone designation
still did not meet the needs of a residential neighborhood, She said that rezoning from
CB-2 to CO.1 did not really protect the neighborhood, but simply protected the
structures and streetscapes without protecting the neighbors. She said they are a
small neighborhood, but definitely a viable neighborhood which is experiencing some
regeneration, She said to process regeneration and good maintenance of residences,
they would appreciate having a residential zone for the area,
She said the problems associated with having a residential neighborhood in a
commercial zone are more than just tolerating additional traffic and extra noise, She
noted that the assessment value of homes tended to be less and said she hes had
three separate appraisals of her home. She said while she had been complimented on
the quality of her home, she had also been told that the diminished value was due to
the fact that it was a residence in a commercial zone, She explained it was impossible
to get a 20.30 year loan at the most favorable percentage rates by any national lender
because the regulations are strict and prohibit residential loans in commerci,al zones,
Hart stressed that the neighborhood had demonstrated signs of regeneration and had
all generations of property owners in the area. She noted that one recent home sale
was to an individual who plans to restore a historic structure for residential purposes.
She said the signature of Mr, Winkel who owns Loading Dock, the only commercial
business in the neighborhood, was not on the petition. She explained that Mr, Winkel
had indicated to her that he wanted to convert the building to a residential use and
move the business to a more commercial location, but could not convert the first floor
to residential within a commercial zone. She said that the problems for a commercial
business in this area are two.fold because the design for traffic flow on Jefferson
Street is for a quick exit from the City center, She stressed that being a singular
business in a residential neighborhood had proven to be lonely for Mr, Winkel.
She asked that the Commission consider some type of residential zoning designation
for the neighborhood, She said she would agree to canvass the neighborhood again
to demonstrate a response to a residential neighborhood. She suggested that the
Commission might want to consider that they would be preserving a micro community,
She said they are glad to have the commercial variety that exists on Market Street
with the neighborhood grocery, paintstore, drug store, nice restaurants, neighborhood
bars, theater and book store. She said their primary interest is to maintain and renew
their homes as part of a residential neighborhood, She asked the Commission to help
retain the real character of Iowa City by preserving an original neighborhood and not
just a facade of one. She said it is the variations on the zoning map that lend a degree
of uniqueness to Iowa City, Hart presented the Commission with a copy of the
petition Showing the addresses owned by the signers,
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Dick Morrisv, 403 E, Jefferson, stated that he owns 403 Jefferson with his brothers,
He said few homes on the south side of Jefferson are owner-occupied. He said a
rezoning would be detrimental for income property owners, because it could require
a change in the number of tenants that wouid be permitted, He stressed that there
was limited parking in the area regardless of the zone and stressed that most of Market
Street was already commercial. He emphasized that a rezoning would hurt him
financially.
Jan Dull. 320 E, Jefferson, presented the Commission with pictures of houses in the
area, She said the original petition was only for the north side of Jefferson and that
was why there were no signatures from property owners on the south side of
Jefferson. She said that City staff had suggested that they include the south side of
the 400,block of Jefferson in the petition. She said they then contacted property
owners on the south side of Jefferson Street, but did not receive very many
responses, She noted that there are five or six historically significant homes in the
area and said that three are cited in Margaret Keyes' book on 19th century homes in
Iowa City and several are mentioned in Irving Weber's books. She noted that two of
those cited by Keyes in her book are located on the south side of the 400 block of
Jefferson.
Dull said that there are not many residential neighborhoods located' near the
downtown, 'She said that others were demolished or have deteriorated to the point
that demolition is the only viable alternative at this point. She stressed that this is a
stable residential area with a commercial designation, She expressed a concern that
under the current zoning designation, a drive.up fast food restaurant or a bank could
be constructed next to her home, She said the current commercial zone makes
continuing residential use difficult because conventional home mortgage loans are not
available to families who want to purchase single-family homes in this neighborhood,
She said their homes are more valuable as land to develop than they are as homes that
are a part of the City's heritage which provide affordable housing and convenience for
property owners of many different ages, She said they submitted an application for
CO-1 rezoning instead of residential, because they were told by City staff that a
residential zone would not be considered feasible by City staff. She said the CO-l
zone does address concerns regarding automobile oriented businesses, but not the
preservation of historic residential structures in the neighborhood. She said she would
ask the Commission to consider the down zoning to preserve the neighborhood so that
the residential use is not just incidental to commercial use, but is a primary use in and
of itself.
Jere Francis, Elders of St, Paul Lutheran Chaoel, stated that the elders would support
this request and would have signed the petition if the elders had met in time to sign
the petition.
liter Bakkal. recent Durchaser of 325 N, Van Buren Street. stated that he had no
problems obtaining a loan for financing for this structure, He said the house was built
in the 1860s, but looks fairly dilapidated. He said the age of the structure was one of
the main attractions and also that the CB-2 zone allows for a restaurant which is his
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intent. He said in the COO, zone, a special exception would be required before a
restaurant could open, He said he also has problems with the parking regulations of
the COO, zone so it creates more difficulty in the use he has intended, He stressed
that he would like to preserve and upgrade the building and restore it as close as
possible to its original design. He said that if the property had been COoL he would
have thought twice before purchasing the property,
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Owen Wilkens, 428 E, Jefferson Street, stated that he was under the false impression
that the rezoning would protect some of the reasons he was in the neighborhood, He
said he signed the petition because he thought it would protect the neighborhood. He
understands that parking is a great concern for many in the area and stressed that it
is also a concern for him, He asked for more information on what is the City's
intentiol1 for the area, He asked if the rezoning could affect the resalability because
it may not be owner-occupied in the future, Miklo said that the Comprehensive Plan
designates this area for general commercial which could be either COo, or CB-2. He
said if the property were rezoned to CO-" it would be difficult in the near future to
change it back to CB-2 or some other more intensive commercial district. He stressed
that the current action will help to determine the long-term implications for the area,
He said some of the uses In the CB-2 zone and the function of Jefferson Street as a
major arterial are justifications to rezone the area to COo, to encourage businesses that
would not reiy on access to Jefferson Street.
In response to a question from Wilkens, Miklo stated that Jefferson Streat is designed
to move traffic over long distances. He said on arterial streets, it is the City policy to
discourage access onto these streets from individual properties. He noted that the CB-
2 zone allows for automobile-oriented uses that in order to function would need access
to Jefferson Street. He said there was a conflict between the zone and the desire to
maintain Jefferson Street as an arterial. In response to a question from Wilkens, Miklo
stated that there are non-conforming uses currently existing in the area with residential
uses on the ground floor, He said both the CB-2 and COO, zone require that
commercial uses be located on the ground floor with residences allowed above the
ground floor, He stressed that all existing uses could continue as legal, non-
conforming uses if the property is rezoned, He said that the CB-2 zone might allow
for a higher density of newer residential construction if there is commercial use on the
ground floor, He stressed as long as the current use was established legally, it can
continue as a legal non-conforming use,
Lisa Havercamo, '09 N, Van Buren, stated that her husband bought their property
approximately six years ago and as development has occurred with Mercy Hospital,
the traffic has changed in the area, She said her husband originally bought the
property as a rental unit and converted it into a single-family home, She noted that her
neighbor is 82 years old and owns the brick home on the corner and rents rooms to
college students and is trying to maintain the dignity of the area, Havercamp stressed
that the area is close to the downtown and there are many concerns regarding parking
in the area. She said they are attempting to maintain the dignity of the area and there
would be plenty of parking for the area if the City could work out an arrangement with
Mercy Hospital since they have three parking lots in the area,
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Dull asked if the property were rezoned, could property be sold and then used for the
same purpose it was currently used for, Miklo stated this was possible and only new
construction requires that there be a commercial use on the ground floor with
residential use by special exception above the ground floor, He said he discussed with
the applicants various zoning designations and steered them towards CO-1 zone as the
most appropriate zone for this area, He said that he told them that staff would
probably not recommend the RM-12 zone at this location, He said that staff had also
recommended that the south side of Jefferson Street be included in the application
because if an auto-oriented use were constructed on the south side it would also
impact those properties on the north side of Jefferson Street. He said that staff felt
there was a need to be consistent with the zone on both sides of the street.
Public discussion was closed at 11:21 p,m.
BovbJerg moved to defer REZ92.0009 to September 17, 1992, Dierks seconded,
Dierks asked if it would be possible to use a historic overlay zone in this area, Miklo
responded that there were several historic structures, but the current ordinance only
permitted the designation of a historic district and this area would probably not qualify
as such, He said the Historic Preservation Commission is considering a landmark'
ordinance which would allow the City to designate individual buildings as historic
landmarks, In response to a question from Dierks, Miklo said a neighborhood
preservation district would be similar to zoning this area to RM-12, He stressed that
given the surrounding land use, the intensive commercial use to the south and the
commercial use to the north, as well as the limited property that this area contains,
staff would feel that the residential zone would be inappropriate, He said there are
areas that the City should make a real effort to preserve and this presents a challenge
on how to do so, He said some of the buildings in the area would be difficult to
rehabilitate as residential structures and offering the alternative for a commercial use
may be an incentive for rehabilitation.
Cook said he would be unavailable at the September 17, 1992, meeting so he would
provide his comments at this time, He said he would not be in favor of rezoning this
area below the CO-1 zone because of the need to encourage adaptive reuse of
properties, He said he wants to preserve the areas and there is a need to allow the
opportunity for office use so there would less likely be deterioration. He said having
elderly people in large houses tends to lead to underutilization of houses and they are
more likely to deteriorate, He said the CO.1 zone would provide the opportunity to sell
homes to a small law firm or real estate office, He said it would be hurting preserva-
tion to rezone this to a residential use and prohibit adaptive reuse if the property were
rezoned below CO-1.
The motion to defer carried on a 6.0 vote,
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CONSIDERATION OF THE MINUTES OF THE AUGUST 20, 1992, MEETING:
Cooper moved to approve the minutes of the August 20, 1992, meeting. Starr seconded,
The motion carried 5.0-1 (Dierks abstaining based on her absence from that meeting),
PLANNING AND ZONING INFORMATION:
Rockwell stated that the Council had indicated its intent to deny the Buchmayer subdivision,
and had asked if the Commission would like to meet prior to the Council's vote. There was
a consensus of the Commission not to meet with the Council on this issue.
OTHER BUSINESS:
There was none.
ADJOURNMENT:
Bovbjerg moved to adjourn at 11 :29 p.m,. Cooper seconded. The motion cmried on a 6,0
vote,
Ann Bovbjerg, Secretary
Minutes submitted by Mary Jo Neff,
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