HomeMy WebLinkAbout1992-09-29 Bd Comm minutes
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MINUTES
IOWA CITY AIRPORT COMMISSION
TUESDAY. AUGUST 18. 1992 - 5:30 P.M.
IOWA CITY TRANSIT FACILITY
MEMBERS PRESENT:
John Ockenfels, Richard Blum, Howard Horan, Pat
Foster
MEMBERS ABSENT:
Robert HiCks
STAFF PRESENT:
Ron O'Neil, Anne Burnside
CALL TO ORDER:
Chairperson Blum called the meeting to order at 5:37 p.m. A quorum
of the Commission was present.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
Jones, from Iowa City Flying Service, requested installing tarps in
the United Hangar building as a measure of bird control. Jones
requested the Commission participate in the program. After some
discussion, the Commission requested ICFS prepare a proposal of
installation, including costs. This will be an agenda item at the
next regular Commission meeting.
PUBLIC HEARING - HAWKEYE AVIATION LEASE:
Blum opened the public hearing on the proposed lease for Hawkeye
Aviation at 5:41 p.m. John Wilson stated that if another FBO was
located at the Airport, it may dilute the business of ICFS. He
stated he had discussed the ICFS lease with Jones and he had
several questions concerning the space leased by ICFS.
Jones, from ICFS, circulated a letter stating objections to a
commercial business agreement with Hawkeye Aviation. His concerns
centered around the minimum standards that were eliminated in the
Code of Ordinances. He stated that those standards were to be
maintained to protect ICFS.
Blum asked if anyone else wanted to address the Commission
concerning the lease. No one else requested time to speak and Blum
closed the public hearing at 5:53 p.m.
ITEMS FOR DISCUSSION/ACTION:
a. Hawkeye Aviation : lease agreement - In answer to a statement
made by Wilson during the hearing, Blum stated that it was not the
intention of the Commission to require ICFS to relinquish some of
the area they lease in order to accommodate Hawkeye Aviation. Any
space relinquished by ICFS would be done on a voluntary basis'.
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The question of granting exclusive rights on an airport was
discussed. Blum stated that the 1989 Federal Aviation
Administration Compliance Standards prohibited granting exclusive
rights to any op~rator on an airport.
Ockenfels said that the FAA regulations state that it is the
responsibility of the commission to attempt to accommodate new
aviation businesses interested in locating at the Airport. The
Commission must attempt to accommodate aviation businesses that
will assist in generating funds to support the Airport.
Blum reminded the Commission that the regulations also prohibit
leasing all the space to one operator just, to eliminate the
possibility of another operator from locating at, the Airport. The
leased space must be required for the operator's business. This
may be in conflict with a provision in the current ICFS lease.
options to accommodate Hawkeye Aviation were discussed. This
included available space in the Terminal Building or possibly, a
temporary office building.
Foster moved to reopen the public hearing and continue it until a
meeting on August 26, 1992, at 5:30 p.m. Ockenfels seconded the
motion and it was passed 4 - O.
b. Gordon - Schmidt Aircraft, Inc. - Ockenfels presented a
Commercial Business Agreement negotiated with Gordon - Schmidt
Aircraft, Inc. The agreement is for two and one-half '(2 1/2) years
at $ 800.00 per year. This agreement is for aircraft sales.
Foster moved for a resolution to accept the agreement with Gordon -
Schmidt AirCraft, Inc. Horan seconded the motion and it was passed
4 - 0, with Hicks being absent.
c. Skydivers' request - Jay Speckeen, president of Paradise
Skydives, Inc., has requested permission from the Commission to
conduct Skydiving activities at the Airport on an occasional basis.
The commission requested a more detailed plan of the activities
before a decision would be made. Because of the high activity
level at the Iowa City Airport, there may be a question of safety.
Ockenfels and Horan will work with the skydivers to resolve this
issue.
d. Advisory member to commission - O'Neil included a memo in the
commission packet listing options concerning the advisory member.
The Commission directed O'Neil to provide applications to the city
Clerk and the Board of supervisors to see if there is interest by
the public for filling this position. This must be a non-resident
of Iowa city.
e. Iowa city Community Sohoo1 District Lease - The School
District provided a letter stating their interpretation of the rent
set in the lease and how it relates to the easement granted to the
Commission. The Commission directed O'Neil to proceed with billing
the School Board for the 1992 -1993 year.
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f. National Aviation Week - Horan made a motion for a resolution
to request the Mayor to declare October 4 through October 10, 1992,
as National Aviation Week. Ockenfels seconded the motion and at
roll call vote, the motion passed 4 - 0, with Hicks being absent.
APPROVAL OF MINUTES:
The minutes of the July 21, and August 4, 1992, Commission meetings
were approved as presented.
AUTHORIZATION OF EXPENDITURES:
Several individual expenditures were discussed. Horan moved to
approve the expenditures as submitted. Ockenfels seconded the
motion and the expenditures were approved on a 4 - 0 vote.
CHAIRPERSON'S REPORT:
Blum reminded the Commission of the Fly-In Breakfast on August 30.
Horan is in charge of the paper airplane contest. Ockenfels is
responsible for directing airs ide traffic and Blum is the safety
officer.
COMMISSION MEMBERS' ITEMS:
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No items were discussed.
ADMINISTRATIVE REPORT:
O'Neil explained that the Commission should make' a decision
concerning the appraisals for the Runway Protection Zones for
Runways 06/24 and 17/35. Because of the delay in completing the
project, there may be additional costs. O'Neil was directed to
contact Carlson to discuss details for completing the project.
Burnside will review the original contract with the appraiser.
Someone has expressed interest in leasing the remaining land in the
rezoned parcel 'in the northeast quadrant of the Airport. Blum
appointed Foster and Hicks to negotiate with the interested party.
O'Neil informed the Commission that he has been asked to serve on
an Iowa Department of Transportation committee to select a
consultant to conduct a State Aviation System Plan. This is to be
a document used by !DOT for long range aviation planning.
Interviews for the consultant will be conducted on August 25 in
Ames.
O'Neil is on the State Aviation Promotion committee. The Fly Iowa
93 Aviation Fair will be in ottumwa. This event has been very
successful the first two years it has been conducted.
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SET NEXT REGULAR MEETING:
The next regular meeting is scheduled for September 15, 1992, at
5:30 p.m.
ADJOURNMENT:
Foster moved to adjourn the meeting. Ockenfels seconded the motion
an the meeting was adjourned at 8:23 p.m.
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Riehard Blum, Chairperson
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MINUTES
IOWA CITY CIVIL SERVICE COMMISSION
COUNCIL CHAMBERS, CIVIC CENTER
JULY 20, 1992
MEMBERS PRESENT:
Lyra Dickerson, Michael Kennedy and Bud Louis
STAFF PRESENT:
Anne Burnside, Cathy Chinander, Tom Hansen, Nate Hopkins,
Sylvia Mejia, James Pumfrey and Andrew Rocca
GUESTS PRESENT:
Stephen Greenleaf
RECOMMENDATIONS TO CITY COUNCIL:
None.
RECOMMENDATIONS TO CITY MANAGER AND STAFF:
Commissioners recommended the City develop a probationary period for the position of Fire
Lieutenant. Commissioners upheld the Chief's disciplinary action and requested that staff
draft a Decision on Appeal for their review and signature.
SUMMARY OF RELEVANT DISCUSSION:
Chairperson Kennedy called the meeting to order at 9:05 a.m. and officia'lIy opened the appeal
hearing for Civil Service employee Lance Piatz. Kennedy reviewed the procedures for the
hearing. The appointing authority, the City of 10wa,City, would present evidence in support
of the charge. The appellant or his counsel may then produce any evidence in support of the
eppeal, Cross examination will be afforded to both sides, The parties can offer any rebuttal
evidence that they wish to present, The memb~rs of the Commission may ask questions of
the witnesses, At the conclusion of the hearing the Commission will make findings of fact
and make a ruling on the appeal.
Kennedy swore in all witnesses who would be participating in the appeal.
The City was represented by Assistant City Attorney Anne Burnside, The appellant, Lance
Platz, was represented by attorney Stephen Greenleaf.
City Witness # 1
The City's first witness was James Pumfrey. Pumfrey stated his full name, James Edward
Pumfrey, Fire Chief, City of Iowa City, Pumfrey explained that he had been Fire Chief in Iowa
City since June 3, 1991, Prior employmant included Fire Chief for the City of Muscatine for
6 years, Fire Captain at Galesburg Illinois. Pumfrey has 13 years in the Fire Service. Burnside
asked Pumfrey described briefly the duties of the Fire Chief as planning, budget, development
of personnel policies and procedures and then ensuring that those policies and procedures are
adherrred to by department personnel. It is also his responsibility to make final decisions
regarding promotions, demotions, hirjngs, and terminations of personnel. Pumfrey was ,not
involved in the testing for the position of Lieutenant, to which Platz was promoted.
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Pumfrey explained that a Lieutenant is in charge of an Engine Company consisting of two
other Firefighters. Lieutenants are supervised by a shift Captain and a Battalion Chief.
Pumfrey has been involved in the current testing process to establish a promotional list for the
position of Lieutenant. He is familiar with the criteria for selecting a Lieutenant. The hiring
criteria is the same for the position today as when Platz was promoted. The City is currently
using the Iowa State Firefighter" exam and an assessment center to evaluate applicants. The
testing procedure identifies the knowledge level of the candidates, their technical skills, and
their communication skills. Judgment and integrity are taken into consideration when
promoting.
Platz was prom{)ted in March of 1992. There is no probationary period for promotional
positions. The action taken against Platz (demotion) was taken less than three months after
his promotion. Pumfrey was satisfied with his performance prior to the incident leading to the
demotion and satisfied with his performance as a Firefighter prior to the promotion.
Burnside asked Pumfrey to recount the events leading to the demotion. On 5/19/92 Platz was
involved in an accident at work in which he claimed to have received a back injury, Platz was
assigned to Station 2, westside, working scheduled overtime to accommodate another
Lieutenant who was participating in a training session, He was scheduled to work
approximately 12 noon to 4 p.m.. They were assigned to test hoses on that day. The
accident report indicated that they were using a deluge set, very heavy master nozzle device,
As they were lifting it into the engine it slipped causing Platz to twist his back.
Burnside introduced City Exhibit #1 . Iowa City Fire Department Injury Form, a two page list
of questions regarding the injury. These forms were completed and turned in immediately
after the injury occurs, Exhibit #1 was completed on May 19 and indicates Platz's injury
occurred at 1 :40 p,m. Burnside offered City Exhibit # 1 to the Commission.
Burnside introduced City Exhibit #2 - Absence Request Form, completed by Platz on May 19
and submitted at the same time as the injury report. The form requested use of sick leave
from 7 a.m. on May 20 through 7 a.m, on May 21, Piatz's next scheduled work day. The
form anticipates sick leave for a 24 hour period beginning the morning after the injury. The
reason for request indicates pulled lower back muscle. Burnside offered City Exhibit #2 to the
Commission.
Pumfrey explained that he became aware of the accident and request for sick leave usage on
the afternoon of May 19 when he returned from the training session. Platz had left the fire
station, by that time. Shortly thereafter Pumfrey received information that Platz was on the
golf course at that time. Pumfrey took the accident form and absence request form over to
the Personnel Administrator and the Assistant City Manager and explained the situation to
them at about 4:45 p.m. The group concluded that prior to taking action someone needed
to verify that the information was correct. Pumfrey and Mejia, the Personnel Administrator,
went to Pleasant Valley Golf Course. They observed Platz walking down the middle of the
9th fairway carrying a set of golf clubs. They observed him set the clubs down, chip onto
the 9th green and putt into the hole. They watched Platz for approximately 15.20 minutes.
After he putted, Platz got into a golf cart and drove back down the 9th fairway. He returned
into their view again, leaned over from the cart and picked up his clubs from the ground,
drove back down the 9th fairway, returned, got out of the cart and walked to the club house,
where he set down his clubs and went inside. platz was with two other people on the
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fairway. Pumfrey did not confront Platz at the golf course. Pumfrey and Mejia left the club
house at approximately 5:40 p,m.. Platz observed them leaving. Pumfrey did not observe
Platz having any difficulty carrying the bag or swinging the club, There was no Indication in
his movements that he was injured or in pain. Platz conversed with the other golfers in a
jovial manner.
The next day Pumfrey spoke with Mejia. They arranged for a doctor's appointment for Platz.
Pumfrey called Platz at home and informed him there was a doctor's appointment scheduled
for him at 10 a.m. with Dr. Edwards of Medical Associates. Pumfrey instructed Platz to come
into the Fire Department office to speak with him after the appointment.
Burnside introduced City Exhibit #3, doctor's reports from Dr. Edwards and Dr, Kelley brought
to the station after Platz's appointment with Edwards on May 20. Both statements said Platz
should be off work.
Pumfrey and Platz discussed the situation from the previous afternoon, Platz explained to
Pumfrey that is was something he didn't plan on doing but he was off duty and on his own
time, had already filled out a sick slip and his back did not start to tighten up until later that
evening. Platz did not deny golfing, Platz told Pumfrey he had talked to his personal doctor
before he left the station and his doctor told him to go home and rest, put heat on his back
and take some Motrin or Advil. Platz told Pumfrey that his back was feeling OK so he was
went to walk the golf course.
After speaking with Platz, Pumfrey called Dr, Kelley (Platz's personal physician) regarding
Platz's condition,
Greenleef objected to the discussion of information regarding Platz's condition on the grounds
it was covered under doctor/patient confidentiality. Chairperson Kennedy overruled the
objection, explaining that by filing the appeal Platz had waived a claim to any doctor/patient
privilege,
During Pumfrey's discussion with Dr, Kelley, Kelley indicated he had not advised Platz to play
golf and if he had known Platz intended to play golf he would have advised against it,
Pumfrey did not have a detailed conversation with Kelley regarding Platz's condition, he called
to confirm that Platz had spoke with him on May 19 and to inquire about activities the doctor
would/would not prescribe for a person with a back injury.
Burnside offered City Exhibit #3 to the Commission.
Pumfrey explained that he spoke with Platz for 20.30 minutes on May 20. During the
conversation, Pumfrey asked Platz how he could play golf with a back injury. Platz replied
"not very well". When Pumfrey asked how he could lift a bag of clubs he replied "very
gingerly". Pumfrey felt these responses were offered in a flippant, possibly insubordinate
manner. This was not the sort of response Pumfrey expected from a Lieutenant when
investigating a serious matter,
Prior to speaking with Platz on May 20, Pumfrey had spoken with Battalion Chiefs, Andy
Rocca, Tom Hansen, Ron Stutzman, and Terry Fiala regarding the events. These people are
involved in the day.to.day decision making in the Fire Department.
Greenleaf objected to the line of questioning by Burnside regarding the input by the Battalion
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Chiefs in the discip!irary decision. Greenleaf questioned the relevancy of this information
being discussed during the hearing. Burnside explained that the evidence was being offered
in part to show that Pumfrey made the decision to demote Platz after careful consideration
and consultation with other individuals who are involved in the decision making process within
the Fire Department. In addition, these individuals also work with Platz and rely on his
judgement and integrity. Burnside argued that their judgment was relevant to the decision.
Kennedy ovorruled the objection,
Pumfrey explained he informed the Battalion Chiefs of the incident on the morning of May 20,
prior to meeting with Platz. He showed them the accident forms and the absence request
form and then related the activities he observed at the golf course. He asked the Battalion
Chiefs for their recommendation. The Battalion Chiefs recommended Platz be demoted from
Lieutenant to FireFighter based on his lack of integrity and inability to make good judgments.
After meeting with the Battalion Chiefs Pumfrey consulted with Mejia and Helling and later
Burnside. Different options were discussed. Demotion was chosen because Platz's
judgement had been damaged to a point that there were questions whether ha could make
sound judgements in an emergency. In addition, they felt his credibility had been damaged
with his co-workers and subordinates,
Pumfrey felt that either Platz was being untruthful regarding his back injury or, if the back
injury was legitimate, that he had shown extremely bad judgement in golfing with an injury.
Pumfrey finalized his decision to demote Platz on May 28 and presented a letter explaining his
, decision to Platz on May 29.
Burnside introduced City Exhibit #4, an absence request form dated 5/25/92. Pumfrey
explained Exhibit #4 as a request for absence from 2 p,m. on May 27 through 7 a.m. on May
31. Platz completed tha form which states that Platz has a "stress fracture", The time-off
request was granted.
Burnside introduced City Exhibit #5, a receipt from Steindler Orthopedic Clinic coinciding with
the time off request. Pumfrey explained that the receipt indicates no lifting, bending, 25#
weight limit and no prolonged sitting or standing. The diagnosis indicates spondylolysis, not
a stress fracture.
Burnside introduced City Exhibit #6, a Supplemental OSHA injury form completed after the
accident on May 19. Exhibit #6 provides additional information about how long Platz will be
off work, According to Pumfrey, this form was submitted on May 27. City Exhibits 4,5,and
6 were presented to Pumfrey approximately 8 days following the accident and prior to the
demotion. Burnside offered City Exhibits #4, 5, and 6 to the Commission.
Burnside introduced City Exhibit #7 -letter of demotion given to Platz on May 29. Pumfrey
explained that the medical information he received on May 27 indicted that Platz had a back
injury and reaffirmed his belief that Platz's judgement was extremely poor in this situation and
his credibilitylintegrity was also in question, Burnside submitted City Exhibit #7 to the
Commission.
Burnside had no further questions of Pumfrey.
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Cross examination of Pumfrey by Greenleaf:
In response to questions asked by Greenleaf, Pumfrey provided the following information.
Pumfrey felt either Platz was not truthful about the injury or if injured then he displayed poor
judgment in going out to the golf course the afternoon of his injury. Pumfrey said he was not
entirely convinced Platz was injured, however, the medical information submitted supports
Platz's claim. Therefore, Platz's judgment is the outstanding issue,
Platz has had no prior problems in Pumfrey's tenure. Greenleaf requested that the
Commission take notice of Platz's personnel file. Kennedy advised Greenleaf that the file had
not been made available to them, therefore the evidence would need to be developed in the
course of the hearing, Greenleaf requested Platz's personnel file from City staff.
Pumfrey explained that Platz had spoke with Dr. Kelley, his personal physician, on May 19.
Due to extenuating circumstances, Platz was not sent to the city doctor at the time of the
injury as policy requires, When Pumfrey spoke with Kelley on May 29, Kelley indicated that
he would not recommend playing golf after a back injury. To the best of Pumfrey's
knowledge, playing golf was not discussed between Platz and Kelley on May 19. At the golf
course Pumfrey observed Platz for approximately 15.20 minutes. Pumfrey did not intervene
at the golf course, just observed, Pumfrey stated that Platz should have known that playing
golf could further aggravate the back injury.
Greenleaf submitted offered Appellant Exhibit A, a letter of appreciation, to the Commission.
Prior to the meeting on May 20 Pumfrey had not found Platz to be flippant or insubordinate.
No further questions by Greenleaf.
Redirect by Burnside:
Pumfrey stated he did not try to stop Platz on the golf course. Pumfrey explained he had
never been in this situation before and his reaction at observing Platz on the golf course was
dismay and disbelief. Pumfrey was certain that Platz had observed Mejia and him leave the
club house.
Pumfrey stated it appeared that Platz had a full set of golf clubs in the bag he was carrying,
Platz bent over and picked up the clubs from the seat of the cart, approximately 24.30" off
the ground,
Pumfrey stated that if Platz had acted differently during the meeting on May 20, it wouid have
mede no difference in the decision to demote him.
Redirect by Greenleaf:
Pumfrey clarified that he did not speak to Platz at the golf course but made brief eye contact
with him as they were ieaving.
City Witness 112
The City's second witness was Sylvia Mejia, Personnel Administrator for the City of Iowa
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City. Mejia explained she is responsible for the City's personnel function; interviewing, hiring,
contract administration, discipline and recruitment. She advises the departments/divisions on
these issues.
As Personnel Administrator. Mejia coordinates the promotional process for the Civil Service
Commission, She is involved in grading written tests; hiring assessors to evaluate assessment
center exercises. Her job is to ensure the fair administration of the process approved by the
Civil Service Commission. The promotional process takes into consideration an applicant's
integrity and judgement.
Mejia described the incident involving Platz on May 19. The matter was brought to her
attention about 4:45 p.m. on May 19 by Chief Pumfrev. Pumfrey told Mejia that he had
received information that a Lieutonant had left work with an injury and was now on the golf
course. They decided the information should be verified. Pumfrey and Mejia arrived at
Pleasant Valley golf course about 5:15. They observed Platz's car in the parking lot. They
proceeded to the golf course and ovserved Platz on the golf course. Mejia and Pumfrey went
into the club house and observed Platz chipping onto the green and putting into the hole. He
was with 2 other people. They saw him carrying a golf bag.
Mejia concurred with the general description of the events of May 19 as described by Chief
Pumfrey,
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Mejia stated that neither she nor Pumfrey spoke directly with Platz, however she made eye
contact with him in the club house and thought he looked surprised to see her. Mejia did not
observe anything that would have indicated Platz was in pain or any limitation in his range of
motion.
Cross Examination by Greenleaf:
In response to questions by Greenleaf, Mejia pr'ovided the following information:
Dr, Edwards of Medical Associates is the City physician.
Evaluation form in Platz's file is completed each year. The employee, the evaluator and the
Chief are aware of the contents of the evaluation and sign the completed form.
No further questions by Greenleaf.
Redirect by Burnside:
Burnside asked Mejia to look at the evaluation form dated 12/91. Mejia explained that the
evaluation was completed prior to Platz's promotion to Lieutenant. Evaluations are not part
of the promotional list certification process. Judgement and integrity would be taken into
consideration when evaluating the person and may show up in several categories of the form,
Platz rated very well on the evaluation dated 12/91.
There is no formal probationary period for the position of Lieutenant in the Fire Department.
This is not consistent with other City positions which have a probationary period. Chapter
400 does not mandate a probationary period.
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No further questions by Burnside.
Chairperson Kennedy called for a 5 minute break.
The City of Iowa City rested it's case.
Questions by Commissioners:
Dickerson questioned Pumfrey about the probationary period. Pumfrey explained that the
probationary period for new hires is one year. This provides time to evaluate the person. A
reasonable probationary period for a promotion, in Pumfrey's opinion, would be 3 to 6
months. Pumfrey explained to the Commissioners that this demotion would not rule out the
future possibility of promotion; a person should not be punished for rest of their career, Platz
is eligible to participate in the testing process in August for the position of Lieutenant. In
Pumfrey's opinion, it is inconsistent that Piatz was unable to work but able to play golf. This
action severely damaged Pumfrey's opinion of Platz's ability to make sound judgments.
Appellant Witness # 1 - Lance Platz
The Appellant's first witness was the appellant, Lance Platz. Greenleaf asked Platz to provide
some background information on himself. Platz provided the following information: full name
is Lance Patrick Platz, 1115 Deforest Ave, 38 yrs, old, Firefighter with the City of Iowa City
for over 9 years, He has a BS degree, has taken various classes through Fire Science Institute
in Ames, the National Fire Academy, Kirkwood Community College, and correspondence from
the University of Cincinnati. He is certified as Firefighter I and Firefighter II, Instructor I
EMTD, and Inspector I, Platz explained that EMTD certification is a job requirement, the other
certifications/training are not required and he obtained them on his own time. He has
participated on the Safety/Wellness and HAZMA T committees. Platz completed a one year
probationary period as a Firefighter. He was promoted to the position of Lieutenant in
February of 1992 off the promotional list certified by the Civil Service Commission,
Greenleaf asked Platz to describe any health problems. Platz indicated he has a problem with
his back and a similar prohlem with a knee and shoulder, Prior to May 1992, he injured his
back at work end saw several local doctors, Priorto August of 1991, when his back bothered
him he would take some Motrin, remain active and live with the pain. He treated his back
with prescriptions given by Dr. Kelley and over.the-counter drugs. The Fire Department has
a physical fitness program where each member is encouraged to meet certain fitness
standards. Fire Department members are also required to go through the physical agility test
given to new recruits.
Greenleaf asked Platz to describe the incident on May 19. Platz explained that he was
working a 12.4 p.m. shift covering for another Lieutenant who was at a managerial seminar.
During that time his crew was testing the pumps on engine 2 and reserve engine 2 at the
river. After the testing failed on one of the pumps, they broke down the equipment. During
the breakdown he injured his back. Platz supervised the remainder of the breakdown and
returned to station with his crow. He did not report the injury to his Captain until they
returned to the station, Captein Brenneman instructed him to fill out the roquired injury roport
forms, Platz then called Dr. Kelley, who told him to put heat on his back, take some Motrin
and rest. Platz informed Battalion Chief Hansen of the injury and whet Dr, Kelley had said.
Platz told Hansen he could remain on duty but Hansen instructed him to go home at
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approximately 2:30 p,m.. Platz went to Econofoods to gat the iviotrm and then went to a
friend's apartment. He put a heating pad on his back, took the Motrin and laid down. Platz
remained at his friend's house for about one hour and after feeling better went to Pleasant
Valley golf course, Platz stated he did not playa round of golf, only putted on the putting
green, hit balls on the driving range and then joined a group finishing hole 9. He finished hole
9 and quit.
Platz had completed an absence request form on May 19 to take the following day off work,
anticipating he might not be able to work, When he went to the golf course he did not plan
on taking the next day off work because he felt better.
Platz stated he did not see Mejia or Pumfrey at the golf course. Platz did not report to work
on May 20 due to pain in his lower back which developed overnight. Pumfrey called him on
the morning of May 20 instructing him to report to Medical Associates and then see Pumfrey
immediately following the appointment. Platz was examined by Dr, Edwards who prescribed
medication and advised him not to work his shift on that day,
Platz said that during his discussion with Pumfrey he was not flippant or insubordinate; he
was reacting to tone of meeting which was constrained. Persons present at the meeting were
Platz, Pumfrey, a Battalion Chief and Elmer Beckler, union representative. Pumfrey asked him
how he could go golfing and be sick today and the day before. Platz said he reacted in a
joking manner to lighten up the meeting. He responded that he hadn't golfed very well,
Platz explained that he had not received any special Instructions regarding the treatment of
back injuries, only preventative measures. Platz returned to work on May 25. He had an
appointment to see Dr. Lash, an orthopedic specialist, on May 27. Lash did a complete exam,
including x-rays of his lower back. Lash recommended he go to a physical therapist for
treatment and advised him to take 2-3 weeks off work. Platz decided not to take the 2-3
weeks off work but saw the physical therapist.
Platz could think of no oral or written reprimands noted In his personnel file.
Greenleaf submitted Appellant's Exhibit F, a list of qualifications/courses Platz has taken while
a Firefighter.
Greenleaf submitted Appellant's Exhibits B,C,and 0, letters of appreciation.
Greenleaf submitted Appellant's Exhibit E, completed evaluation form dated 12/91.
Greenleaf submitted Appellant's Exhibits G and H, copies of medical records. Attached to
exhibits G and H was a medical dictionary definition of sclerosis and spondylolysis.
Greenleaf had no further questions,
Cross Examination by Burnside:
In response to quostions by Burnside, Platz explained that he lives on DeForest Street, which
is located on the south east side of Iowa City, approximately 10 minutes from Station 2. On
May 19 he did not go home, but went to a friend's house for personal reasons, which is on
Woodside Drive, approximately 5 minutes from Station 2, He had called his physician prior
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to leaving Station 1. Dr. Kelly had told him to rest, put heat on his back and take Motrin.
Platz did not tell Dr, Kelley he was going to play golf or discuss the merits of playing golf with
a back injury on May 19. Platz's car was parked downtown at Station 1. Platz left the
downtown station at approximately 2:45 p.m.. Platz began resting at about 3 p.m.. After
about one hour he felt better and decided he would work the next day. He did not call the
Fire Department to tell them he would be in to work.
At the driving range, he hit about 10 short shots. Platz estimated his golf bag weighed
approximately 15.20 Ibs. In prior incidents, Platz's back pains lasted approximately 10
minutes to 2 hours, depending on the activity and medication. At the time he left on May 19
he thought he had hurt it worse that before so therefore he requested May 20 off. However,
it felt better after resting.
Platz assumed the meeting with Pumfrey was regarding his back when Pumfrey called him on
May 20.
Platz received an oral reprimand two years ago for scheduling time off which exceeded what
he earned.
Burnside had no further questions.
Redirect by Greenleaf.
When Platz spoke with Dr. Kelley on May 19 he was not contemplating playing golf that
afternoon.
Greenleaf had no further questions.
In response to Dickerson, Platz stated he discuss,ed the appropriateness of physical activities
when talking with physicians. The physical tharapist had given him exercises to do daily. Dr.
Lash recommended he not do any physical activity for a 2.3 week period, including twisting,
bending and sitting for long periods, No conditions were set on his activity once the pain was
manageable. In the past it has taken about an hour before he could return to physical activity,
Platz said that as a supervisor, you must set an example for your subordinates while on duty
and when you leave the fire department you take your job with you. it is important to portray
that example to everyone concerned. In this incident, Platz said he felt he did nothing wrong.
No further questions.
Appellant rests.
Closing Statements
Burnside stated that the facts of the case are not in dispute. It has been established from the
evidence and testimony that Platz has a history of back trouble and suffered an injury on the
afternoon of May 19. He decided to go home and rest his back. After resting for about an
hour he went out to play golf and was seen on the course by Chief Pumfrey who then had
to decide what action, to take given the course of events. One problem arises with the
evidence, According to Platz he went to play golf at approximately 4 p.m. He was on the
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course until about 5:30 p.m. Platz was at the golf course for better than an hour in which
time he putted a few balls and drove six or seven balls on the driving range and walked part
of the 9th hole; the time is not consistent. Chief Pumfrey needed to decide whether the
events suggested lack of honesty or a breach in judgement that constituted misconduct. This
is similar to a case. Sieo v, Civil Service Commission of West Des Moines, a Supreme Court
case. where a Police Officer acted in a less than honorable fashion. The Court notes that
misconduct is not defined in the statute. The Court defined misconduct as relatively minor
behavior as well as more flagrant breaches. The court notes that Peace Officers. and Fire
Department Officers could fall into this category also. "are charged with public trust that
includes the obligations of good character. sobriety. judgment and discretion; discipline must
be strictly enforced." When Chief Pumfrey thought the matter through and discussed it with
the heads of his department. he concluded that the appearance of impropriety was
unmistakable. The Battalion Chiefs felt that there was wrong doing involved and it set a bad
example for the Fire Department. Chief Pumfrey made the decision. within his discretion
under Chapter 400. to take back the promotion, Unless the Commission finds that the Chief
abused his discretion. his decision should be upheld,
Greenleaf
Greenleaf asked the Commission to recall that we are not operating under majority rules in the
Fire Department. He remineded Commissioners that they are called upon to exercise
independent judgment to review. as per the authority of the Iowa Code, the reasonableness
and fairness of this action. Platz has been accused of two things; either he was dishonest
about his injury or if he was injured he used poor judgment. Pumfrey agrees. and the medical
rc;;ords show. that Platz suffered an injury, The City has offered no evidence to show Platz
was not injured. Therefore the issue is poor judgment. Judgment is a very broad term. What
would have happened if Pumfrey had seen Platz working in his garden or playing with his
children? Would he have considered this poor judgement for a person with an injured back?
What kind of judgment did Chief Pumfrey use when he believed that Platz was injuring himself
out on the golf course and yet he let Platz continue? Under those circumstances Pumfrey did
not use good judgment. Platz is not a physician or trained in the treat of back injuries, He's
a person who has lived with a bad back for a number of years. He is also a very fit. very
active and dedicated Firefighter. What Platz did may have been poor judgment in hindsight,
but by what standard should he be judged? He knew he hurt his uack, he knew it hurt and
that it had stopped. Not a matter of perfect prediction or easily solved. Did it look improper
to be out on the golf course? He will admit that. As a lawyer. I am held to a standard where
I should avoid the appearance of impropriety, I look in vain to where that standard should
apply to a Firefighter. Chief Pumfrey's decision was made emotionally in light of appearances
and now in the light of reason it should be reversed, Platz's personnel file shows he's an
outstanding Firefighter. The Contract outlines disciplinary procedures and does not mention
demotion. The action should be dismissed.
Kennedy recessed the hearing for lunch.
Meeting was resumed following lunch.
Commissioners reviewed and discussed the evidence presented and determined that Piatz had
injured his back, therefore the issue to be decided is' whether the demotion was appropriate,
Based on the fact he had injured his back, the Commission felt it was inappropriate for Platz
to risk further injury by plaYing golf; he showed poor judgment, Platz harmed the City and his
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coworkers by possibly aggravating his back by playing golf. The Commissioners felt there
should have been a probationary period in order to evaluate his performance. They expressed
concerns about his ability to work within the department following this incident. A Lieutenant
is in a position where he/she is looked up to and a higher level of conduct is expected. The
team looks to him for leadership and relies on his good judgement at the fire scene. Platz will
be able to reapply for the position at the next promotional proCess. No evidence was
presented of errors in judgment on the job.
The Commission recommended that there be a probationary period established for all
promotions.
The Commission felt that Platz's ability to work effectively with the Chief and the Battalion
Chiefs had been jeopardized, Lieutenant is an entry level leadership Position and Platz did not
show leadership characteristics in this incident.
The Commission voted unanimously to uphold the demotion,
Chairperson Kennedy requested that staff prepare a draft Decision On Appeal for review and
signature,
The meeting adjourned at approximately 1 :30 p.m.
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MINUTES
IOWA CITY CIVIL SERVICE COMMISSION
PUBLIC WORKS CONFERENCE ROOM, CIVIC CENTER
SEPTEMBER 3,1992
MEMBERS PRESENT: Michael Kennedy and Bud Louis
MEMBERS ABSENT: Lyra Dickerson
STAFF PRESENT: Cathy Chinander, Sylvia Mejia, James Pumfrey, Larry
Maurer and Dan Dreckman
GUESTS PRESENT: Mindy Mozer
RECOMMENDATIONS TO CITY COUNCIL:
Commission members recommended that Council approve the certified list for the
position of Fire Lieutenant.
RECOMMENDATIONS TO CITY MANAGER AND STAFF:
None.
SUMMARY OF RELEVANT DISCUSSION:
Chairperson Kennedy called the meeting to order at approximately 8:15 a,m..
Staff presented the recommended promotional list for the position of Fire
Lieutenant. Mejia explained to the Commission that thirteen Firefighters signed
up to participate In the promotional exam, however, only eight elected to take the
written test and seven advanced to the assessment center,
Kennedy moved to certify the recommended list. Louis seconded the motion,
The motion passed unanimously,
Chairperson Kennedy opened the meeting to new business. Pollee Officer Dan
Dreckman brought to the attention of the Commission a situation that had recently
arisen in the Pollee Department Involving the hiring of a new Pollee Officer from
the current certified list. Dreckman explained that the Individual who had been
offered a vacant position by the Pollee Chief is the sister of a current Pollee
Officer, The current Offioer is on the certified list for the position of Pollee
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Sergeant. Dreckman expressed concern regarding a potential violation of the
City's nepotism policy and requested that the Commission delay the hiring of the
new Officer until the matter could be resolved,
Police Officer Larry Maurer explained to the Commission that individuals on the
promotional list for Police Sergeant often perform in an "acting" capacity during
vacations, etc..
Mejia explained to the Commission that the City had been aware of the
relationship at the time the individual was certified on the hiring list. Mejia felt this
situation could be accomodated in many ways and therefore the City could not
Justify denying an employment opportunity to an otherwise qualified individual.
After a brief discussion, Chairperson Kennedy denied Dreckman's request to
delay the hiring of the Police Officer,
Kennedy requested that staff consult with their legal counsel regarding the
nepotism issue and schedule a meeting with the Commission to further discuss
the matter.
Louis moved to adjourn the meeting, Kennedy seconded the motion, The motion
passed unanimously,
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MINUTES
COMMITTEE ON COMMUNITY NEEDS
AUGUST 26, 1992 - 6:30 P.M.
SENIOR CITIZENS CENTER CLASSROOM
MEMBERS PRESENT:
Mary Ann Dennis, Grace Cooper, Sue Feeney, Rusty Mertin,
Linda Murray, Lisa Oxley, Andy Penziner, Bruno Pigott, Maris
Snider
MEMBERS ABSENT:
STAFF PRESENT:
Robin Paetzold, Keith Ruff
Pam Barnes, Marianne Milkmen, Marci Lindsay. Mary Nugent,
Steve Schornhorst
OTHERS PRESENT:
Karen Kubby
CALL TO ORDER:
Chairperson Dennis called the meeting to oruer at 6:32 p.m.
REVIEW OF THE JUNE 24, 1992. CCN MEETING MINUTES:
Martin moved to approve the minutes of the June 24, 1992, meeting, Penziner seconded.
There were no changes made and the minutes were epproved by a 9-0 vote.
PUBLIC/MEMBER DISCUSSION:
There was no public member discussion,
CITY COUNCIL UPDATE:
Dennis reviewed vacancies on City boards and commissions. She reminded members that the
terms of Grace Cooper, Keith Ruff, and her own expire on November 1, 1992. Council
appointments to the CCN Committee will be made on September 15, 1992. Nugent egreed
to forward new epplications to the CCN members.
Dennis announced the't the dedication of the Hoover School Accessible Pleyground, thet was
funded with CDBG funds, was scheduled on Friday, August 28, from 5:00 to 7:00 p.m.
HOUSING COMMISSION UPDATE:
There was no Housing Commission update.
ADJOURNMENT:
The formal CCN meeting adjourned at 6:36 p.m. The CCN members then boarded SEATS
vans to tour COBG funded projects in the community.
Minutes submitted by Mary Nugent.
ppdcdbglmnllccnD.213
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MINUTES
PARKS & RECREATION COMMISSION
AUGUST 26, 1992
MEMBERS PRESENT:
John Beasley, Bill Brandt, Debora Liddell,
Jennifer Olson, Dee Vanderhoef, John Watson,
Mary Weideman, Todd Welk
craig Willis
MEMBERS ABSENT:
STAFF PRESENT:
Trueblood, Moran I Blanchard, Howell, Bunger I
Neff
GUESTS:
Warren Bircly, Charles Ruppert, Jim Murphy,
Judy Pfahl, Jim Walters, Doug Jones I Richard
Rhodes, James Throgmorton, Richard Hollis,
Louise Murray, Ed Heffron, (plus others who
did not sign in)
FORMAL ACTION
TAKEN:
Moved bv Brandt , seconded by Vanderhoef , to
aporove the minutes of the Julv 8, 1992
meetina. Unanimous.
Moved by Vanderhoef. seconded bv Watson , to
recommend to the citv Council that Iowa City
proceed with an aooraisal of the Kennedv
orooerty. and that area south to Naooleon Park
across Metro Pavers and Southaate prooerties.
usina Parkland Acauisition Funds. The motiop
carried 7-1 (Beaslev votina in the neaativel.
Moved by Watson. seconded bv Liddell. to
recommend that the citv acceot the Dane
prooertv if it is offered as a gift to be used
as a Dark and/or open space. Unanimous.
PUBLIC
DISCUSSION:
Douglas Jones stated that he had recently
visi ted Barton Park in Ann Arbor, Michigan.
He explained that the area includes a dam
which is open to the public for pedestrian
access and has been preserved for scenic and
recreational value. He compared the site with
the Old Mill Dam on the Iowa River. He
reported that the Old Mill Dam was offered to
Johnson County, Coralville and Iowa City when
it was abandoned. He said the Johnson County
conservation Board took title to the dam but
has not been involved in any maintenance of
the dam so it is becoming a liability. He
expressed concern that the dam may need to be
destroyed and this would have a severe impact
on Iowa River Power Company and the property
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values to the north as the water level
decreases. He stressed that Iowa city and
Coralville need to cooperatively address this
problem. Jones noted that the land to the
east is undevelopable because of its location
in the floodway. He emphasized that the dam
could be developed for recreational use and
expressed concern that what could be an asset
in the community might be destroyed. In
response to a question from Weideman, Jones
stated that the dam is deteriorating and the
walkway is no longer safe. He noted that the
bridges at the park in Ann Arbor were paid for
through a special tax for park improvements.
In response to a question from Weideman, Jones
stated that the surrounding area could be
acquired for parkland because in private hands
it is a liability. He said it is important to
determine what are natural areas that are
worthy of preservation. . Weideman said the
Commission should schedule a time to discuss
this issue. Trueblood indicated that this has
been discussed at Joint staff meetings and
Neighborhood Open Space Committee meetings.
Watson noted that the Stanley Plan includes a
greenbelt in this area. He explained the
process that the Neighborhood Open Space
Committee is going through at the current
time. Jones said that he has problems with
designating districts across the community.
Watson suggested that Jones attend the
Cornrnittee's next meeting, which is scheduled
for September 29, 1992. Weideman asked that
this issue be placed on the Parks and
Recreation commission agenda after the next
Neighborhood Open Space Committee meeting.
PARKLAND
ACQUISITION FUNDS
FOR SAND LAKE
APPRAISAL:
In response to a question from Weideman,
Trueblood explained that the appraisal will be
for the property immediately surrounding the
lake and the lake itself. He stated the cost
of the appraisal will be $2,000-$3,500. In
response to a question from Liddell I Trueblood
explained that the appraisal will also include
a 30-50 foot easement to Napoleon Park. In
response co a question from Beasley, Trueblood
said that he does not know if Metro Pavers is
willing to sell an easement along their
property. Liddell stressed that the appraisal
is, important to have because the Commission
cannot, make a decision about acquiring
parkland in this area without this type of
information. Weideman said that this is, a
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wise expenditure if the commission is
interested in acquiring the property.
Moved bv Vanderhoef. seconded bv Watson. to
recommend to the citv Council that Iowa city
proceed with an annraisal of the Kennedy
pronerty. and that area south to Napoleon Park
across Metro Pavers and Southgate pronerties.
us)na Parkland Acquisition Funds. The motion
carried 7-1 (Beaslev voting in the neaative).
Beasley explained that he feels the city
shouldn't spend funds on an appraisal until
there is some indication that Metro Pavers is
interested in selling an easement across their
property. Liddell said that Casey Cook spoke
with someone from Metro Pavers who expressed
an interest in selling an easement, but did
not provide any commitment that this would be
done. Watson stated that willingness to sell
is an issue to consider, because although
condemnation is possible I the city is unlikely
to pursue this course of action. Weideman
said that if the city purchases a portion of
the Kennedy property I this could put pressure
on Metro Pavers to sell an easement to the
City. She said it is possible to proceed by
section for the trail system in order to
establish the needed links. Doug Jones stated
that approximately four years ago Metro Pavers
had a development application before the
Riverfront and Natural Areas Commission. He
said that at that time he spoke with a
representative of Metro Pavers who expressed
vague agreement with the concept of having a
trail in this area.
DANE PROPERTY
(SOUTHEAST OF
WILLOW CREEK
PARK):
Weideman stated that it is her understanding
that John Dane might be interested in giving
some of his property located in this area to
Iowa city for use as a park. Trueblood
indicated that he had talked with Dane
regarding this matter.
Judy Pfahl, President of the N~w Aber-Tyn Cae
Neighborhood Association, explained that their
organization had met the previous night with
developers. She said there seemed to be a
consensus between the Tyn Cae Neighborhood
Association and the neighborhood that is
located south of willow Creek Park that this
area should be retained as a natural area.
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She explained that she has a petition signed
by the adjacent property owners who are
interested in having the area developed as a
natural area. She explained that they
understand there will need to be stormwater
detention in the area, and stressed that she
feels the property is probably not suitable
for mowing. She stressed that there is much
wildlife in this area. Pfahl indicated that
Gene Kroeger 1 one of the developers, has
indicated a preference to deed the property to
the City and pay the city to design and
construct the stormwater detention basin. She
said the developers, are still unsure if the
existing stormwater detention basin will be
dedicated to the City. Pfahl explained that
both the city Engineer and an engineer from
MMS Consultants agreed that the tract is not
developable. In response to ~ question from
Weideman I Pfahl stated that the neighbors
would like to have the property used as
parkland I but stressed that they prefer it
remain in a natural state. Weideman noted
that the property provides for open space as
it is, and stressed that it is undevelopable
and requires no maintenance by the city as
long as it is in private ownership. She asked
for staff's opinion of whether or not the city
should acquire this property. Trueblood
stated that staff feels it is advantageous for
the City to acquire the property. Pfahl
indicated that she has volunteers who will
help to restore the property to its natural
state. She said she has information from Lon
Drake regarding establishing wetlands, and has
been told by a representative of Johnson
County that the County has equipment to seed
the tract. She said if it is planted in
prairie grass, it would need to be mowed or
burned in approximately four years. She
stressed that any paths across the site would
also need to be able to withstand flooding.
A resident from Kathlin Avenue stressed that
the park would require low maintenance, but
would still provide a benefit to the area.
Vanderhoef asked for an opinion from the
neighbors regarding a walkway or a bike trail
on the property. Pfahl stated that a
pedestrian walkway or a bike trail could run
along Willow Creek and extend to Willow Creek
Park. She noted that the petition, which was
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signed by all the abutting property owners,
also expressed support for a bikeway as well
as natural area for the site.
Watson explained that the Neighborhood Open
Space Committee has discussed this tract. He
noted that there is higher density residential
development to the south so the Committee sees
a need for a traditional neighborhood open
space I such as one that includes playground
equipment. Pfahl stressed that she feels this
property is too wet for any type of soccer
field or any structure because it would
require fill. She said the neighbors are not
excited about having higher density
development coming into the area. Watson
stressed that this type of development is
already occurring and recreation is needed for
the area. Pfahl said that the neighbors don't
want to have people coming up to their back
yards if playground equipment is located on
the boundary of the property. Vanderhoef said
that there are needs that need to be met in
the area. She said this property might
provide the opportunity for a small play area.
Doug Jones said that Casey Cook had indicated
at a meeting of FIRST that there is interest
in developing a continuous trail system
linking existing parks. Jones said
acquisition of this property would be an
asset, but expressed a concern that the city
is in danger of becoming a repository just for
undevelopable ground. He said that if the
property becomes inundated in the spring, it
would not be serving open space needs. Watson
stressed that only a small portion of the
tract is to be used for stormwater detention,
and reiterated the need for recreation space
for children in this area. Weideman noted
that one problem is the city's lack of an
ordinance to require the dedication of
property by developers. She explained that
the result is the city must pay the
developer's price in order to acquire property
or accept what is offered. Watson stressed
that the Dane property is desirable even if it
is simply preserved in its natural state.
Liddell applauded the neighbors for their
efforts I but stressed that the City has a
collective obligation to all neighbors in the
area. She said that the neighbors should keep
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HICKORY HILL
PARK (CONCERNS
OF ENVIRONMENTAL
ADVOCATES) :
an open mind as to how the land will be
developed as a park and how it will be
accessible to others.
Moved bv Watson, seconded bv Liddell. to
recommend that the citv accept the Dane
orooerty if it is offered as a aift to be used
as a oark and/or open soace. Unanimous.
Jim Murphy pointed out areas on the map of
Hickory Hill Park which are used for
stormwater detention. He said that
Environmental Advocates would like to have
this property administered as if it is
parkland. He noted that abuses have occurred,
including the grazing of livestock, illegally
dumped sewage and trash, and barbed wire
fences that have been constructed. He said
the formal request is to have the stormwater
detention area dedicated as parkland, or at
least administered as parkland. Watson asked
for additional information on the legal
opinion that was given by the assistant city
attorney the previous year. Trueblood
responded that the opinion indicated it would
simply be safer to not dedicate the property
as parkland I partially because of bonding and
liability concerns, as he recalled. In
response to a question 1 Trueblood said that
city staff does not have a problem with
designating and managing this area as
parkland, whether or not it is dedicated as
such. Murphy said he would assume that this
area could be used for passive recreation, but
stressed that the first step is straightening
out the administration in order to prevent
future abuses.
Richard Hollis said that HiCkory Hill Park is
showing signs of encroachment. He said that
steps need to be taken to buffer the park from
the surrounding community or it will begin to
lose its character. He said HiCkory Hill Park
offers the opportunity within Iowa city and it
would be a shame if the city does not ensure
that this area is protected. He said it would
be desirable to at least have all of the area
managed by the Parks and Recreation
Department. He suggested it might be possible
to have easements on some of the adjacent
property. In response to a question from
Weideman, Trueblood indicated that if the
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property is not used as parkland, it is
maintained by the Public Works Department.
Mr. Hollis stated that he is involved with the
Johnson county Songbird Project. He explained
that Hickory Hill Park is within walking
distance of five elementary schools in Iowa
City. He stated that 197 species of birds
have been identified in Hickory Hill Park, and
he stressed that this has a significant
meaning in terms of threatened and endangered
species. He emphasized that Hickory Hill Park
is an asset to Iowa city and will be even more
so in the future. He said he would encourage
the City to buffer Hickory Hill Park on the
north and east sides in order to preserve the
ecosystem of the park. He indicated that the
woodland immediately north of the dedicated
Hickory Hill Park and to the west of the
northernmost detention area would be desirable
as a buffer. Watson said he has a problem
with acquiring a buffer area when this need is
balanced against the deficits for parkland in
other areas of Iowa city. Murphy noted that
the area to the east of the park is
developable, but the area to the west and
north of the park is not developable so would
be less costly. He said that these areas can
also affect drainage into the, park.
Sandy Rhodes stated that he strongly supports
the designation of stormwater detention basins
as parkland regardless of the method that is
used. He said these areas should continue to
exist in the current semi-natural state. He
stressed that fences should be removed,
including several downed barbed wire fences
that are in various states of disrep~ir.
Trueblood responded that the fence that
separates the two areas is meant to be removed
in the near future. Doug Jones stated that if
the area is dedicated as parkland, the
surrounding property values should increase.
He said one problem with dedication might be
that if the property is undedicated in the
future, this could cause a decrease in
property values. Jones noted that the
railroad bed that goes through the northern
part of the park is of historical value.
Liddell asked for a specific request from the
public. Murphy stated that the primary
request is to have the stormwater detention
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RIVERFRONT &
NATURAL AREAS
COMMISSION REPORT:
areas adjacent to Hickory Hill Park be brought
under the jurisdiction of the Parks and
Recreation Department in some manner. Watson
said he would prefer to use a carefully
drafted recommendation to the city Council
unless there is urgency in this matter.
Weideman said a recommendation could be
drafted for discussion at the next meeting.
Beasley asked staff to obtain more information
regarding the problems with dedication. He
stressed that dedication might offer greater
protection to preserve the area.
Beasley said he would also like to have a new
survey of the area to clarify the boundaries.
Trueblood responded that Landmark Engineering
has been hired by the city to conduct a
survey.
Trueblood stated that the Planning and zoning
Commission is still considering this item and
he will keep the Parks and Recreation
Commission apprised of any action.
Liddell reported that Moen had indicated to
the Riverfront and Natural Areas Commission
that the Ned Ashton Gateway project is on hold
until there has been a resolution of how
Parkland Acquisition funds will be allocated.
Trueblood explained that the funds were
allocat~d for this project and then the Parks
and Recreation Commission questioned if these
funds should be used for park development. He
indicated that in light of this concern, the
City Manager asked for all projects to be put
on hold until the Parks and Recreation
Commission and the city Council can agree as
to how the funds should be used. He said
several weeks ago the Mayor had suggested a
joint meeting between the Council and Parks
and Recreation Commission to discuss this
issue. Liddell reported that the Riverfront
and Natural Areas Commission decided
unanimoUSly to endorse the memorandum that the
Parks and Recreation Commission sent to the
Council regarding parkland acquisition.
Trueblood reviewed a memorandum from Don
Yucuis, Finance Director, to steve Atkins
regarding the hotel/motel tax. He said the
proposal is for the Parkland Acquisition Fund
to still receive 10% of the total funds, but
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that the additional 2% that would be received
from increasing the tax to 7% would be used
for the development of parkland. Vanderhoef
asked if there would be a decrease in the
regular development budget. Trueblood stated
this issue was not discussed. Liddell
suggested that the fund could be used for
revolving loans for development projects
rather than using acquisition funds.
She announced that the Riverfront and Natural
Areas commission had discussed the cleanup of
Rocky Shore Drive. She indicated it was
suggested that the city might be able to mow
narrower strips in order to still retain
enough grass and wildflowers between the
sidewalk and the river. Trueblood stated it
was his understanding that the agreement was
for Project Green to maintain the area.
NEIGHBORHOOD
OPEN SPACE
COMMITTEE REPORT:
Vanderhoef stated that the Committee has
identified districts and are looking at how
much to give in credit for existing schools
and parks. She stated the committee will also
identify areas that could be accepted as
parkland. Trueblood stated that the
Neighborhood Open Space committee has a
broader scope than the old Neighborhood Open
Space Commi ttee. He said that one
responsibility is to see that all areas are
treated as equally as possible. He said the
committee would also consider the possibility
of linking parks with trails.
RYERSON I S WOODS Trueblood stated that the grant application
COMMITTEE REPORT: has been resubmitted for REAP funds. Jim
Walters, Johnson County Songbird Project,
stated that his organization is looking at
encouraging the development of a consistent
policy between Johnson County and the state
regarding highway rights-of-way. He asJ(ed the
city to appeal to the Iowa Department of
Transportation to correct the cut at the south .
end of Ryerson's Woods. He stressed there is
no reason to maintain the cut in its present
condition and that the woods can continue down
this way if the state ceases mowing in the
area.
COMMISSION TIME:
Liddell reported that there will be a work day
on August 29, 1992, for measuring and painting
the soccer fields. Brandt suggested
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considering including ads in the Parks and
Recreation Department schedule brochure.
Trueblood indicated this has been discussed in
the past, and the possibility of pursuing this
in the future does exist.
CHAIRMAN'S REPORT: Weideman stated that this is an exciting time
to serve on the Parks and Recreation
Commission because of the upcoming projects
and things that might happen in the future.
DIRECTOR'S REPORT: Trueblood reported on the following:
OTHER BUSINESS:
Colleae Green Park. Two bids have been
received for the College Green Park. He
stated that Project Green had hoped for a low
bid of $165,000, with the entire project to
cost over $200,000. Trueblood explained that
the low bid was approximately $196,000 I and
the architect and Project Green are now
negotiating with the contractor to discuss
possibilities for lowering the cost.
National Gold Medal Comoetition. The city has
received two plaques for being finalists in
categories of the National Gold Medal
Competition. He stated that the city will be
the grand award winner in the special
populations program category I but will not
know the results of the general category until
mid-October. He said Iowa city is the only
city in Iowa to ever win a Gold Medal Award,
and is also the only city in Iowa (and one of
a select few in the nation) to be a finalist
in both categories at the same time.
Moran introduced Michelle Bunger I an intern
from the University of Iowa, who will be
working with Bill Blanchard.
ADJOURNMENT:
Moved bv Brandt.
adjourn. Unanimous.
7:38 p.m.
seconded bv Olson. to
The meeting adjourned at
10
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SENIOR CENTER COMMISSION
AUGUST 17, 1992
MEMBERS PRESENT: Mary Geasland, Bud Gode, Fred Krause, Tom Muller,
June Pieper, Harold Stager
MEMBERS ABSENT: Rufine Anciaux, Jean Hood, Mark Thompson
STAFF PRESENT: June Braverman, Bette Meisel, Joyce Phelps
GUESTS PRESENT: Anne Burnside, City Attorney; Doris Ipsen and
Walt Shelton, Council of Elders
INTRODUCTlONSIMINUTESIPUBLlC DISCUSSION
Geasland called the meeting to order at 3:05 PM. She introduced and
welcomed the guests.
The minutes were approved as mailed. Muller/Krause,
Geasland called attention to the date of the September meeting which will
be the second Tuesday, September 15.
There was no public discussion,
SENIOR CENTER LIABILITY. BURNSIDE
Burnside pointed out that this is the only city building in which people can
meet alter hours without staff present. She said as volunteers are
considered as agents for staff, her recommendation is that one volunteer
must be responsible for each group. As the person responsible, he or she
should have access to a phone in order to call the Fire Department or the
Police Department and should have the ability to provide emergency aid if
needed.
Meisel said if an outside group is meeting and no one in the group is
willing or able to take on the leadership, then a city staff person must be
present to do so,
There was a discussion about the situation. It was decided lIlat the
Center weekend janitor could be the designated staff person for Saturdays
and Sundays. The Host/Guides have a key to the building on weekends and
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SENIOR CENTER COMMISSION
AUGUST 17, 1992
MEMBERS PRESENT: Mary Geasland, Bud Gode, Fred Krause, Tom Muller,
June Pieper, Harold Stager
MEMBERS ABSENi: Rufine Anciaux, Jean Hood, Mark Thompson
STAFF PRESENT: June Braverman, Bette Meisel, Joyce Phelps
GUESTS PRESENT: Anne Burnside, City Attorney; Doris Ipsen and
Walt Shelton, Council of Elders
INTRODUCTlONS/MINUTESIPUBLlC DISCUSSION
Geasland called the meeting to order at 3:05 PM. She introduced and
welcomed the guests.
The minutes were approved as mailed. Muller/Krause.
Geasland called attention to the date of the September meeting which will
be the second Tuesday, September 15.
There was no public discussion.
SENIOR CENTER LIABILITY. BURNSIDE
Burnside pointed out that this Is the only city building in which people can
meet after hours without staff present. She said as volunteers are
considered as agents for staff, her recommendation is that one volunteer
must be responsible for each group. As the person responsible, he or she
should have access to a phone in order to call the Fire Department or the
Poiice Department and should have the ability to provide emergency aid if
needed,
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Meisel said if an outside group is meeting and no one in the group is
willing or able to take on the leadership, then a city staff person must be
present to do so.
There was a discussion about the situation. It was decided that the
Center weekend janitor could be the designated staff person for Saturdays
and Sundays. The Host/Guides have a key to the building on weekends and
Jeff !
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Page 2
unlock the rooms as needed. From now on the Host/Guides will wait until
the weekend janitor comes at 1 PM before unlocking the room containing
the exercise equipment or the woodshop as this could possibly be an area
of risk. The weekend janitor will also check the building hourly to make
sure he knows if someone is in the wood shop or the exercise room. He
will also check the rest rooms.
Meisel will draft a letter of agreement for the groups who regularly use
the Center after hours outlining the new requirements.
For evening groups, i.e., the Sunday night bridge group must designate a
volunteer who is willing to assume responsibility.
The consensus was that no group can be in the building when there is no
staff present unless there is a designated volunteer to take responsibility.
It was felt that the person "in charge" should have a button to wear to
make him or her readily identifiable. Meisel said she would take care of
i1.
REVIEW SCC/COE MEETlNG.GEASLAND
Geasland said the purpose of the annual meeting is to bring both groups
together to work at solving a particular problem and to get to know each
other, She said that both groups should make a committment to attend
next year, Geasland felt that this goal was only partially realized as only
5 members of the Commission were able to come. She said for next year a
date that suits everyone should be set so that everyone from the
Commission and the Council can be there,
Pieper agreed that the rapport between both groups had been strengthened
by the joint meeting as well as going to each other's monthly meetings,
Geasland said the discussion on a fee/payment scale for classes,
activities, and labs was beneficial, and the staff (who will devise a
system and bring this information back to the Commission and the Council
for their consideration) now know the wishes and desires in this area of
both groups.
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UPCOMING EVENTS/FALL SCHEDULE DISCUSSION .BRAVERMAN
Braverman announced that the programs this fall will celebrate Iowa
City's Gifted and Talented Adults.
On September 2 the Fall Potluck, Singalong, and Fair will celebrate the
Center's 11th birthday and participants will have an opportunity to hear
some of the scheduled instructors for fall classes. Braverman said on
September 10 at 7 PM the Emma Goldman Papers Exhibit will open with a
Gallery Talk. The federal government has allotted funds for this exhibit
to celebrate Goldman's place in American history and is sponsored by the
University of Iowa Communications Department, the School of Social
Work, and Women's Studies as well as the Iowa Humanities Board and the
League of Women Voters.
On October 9 the Nile Kinnick celebration will be held in the Assembly
Room. Paul Baender will talk about Nile Kinnick. Other guests will
include members of the Iron Men football team which is having its reunion
that weekend. She is inviting members of the community to bring
memorabilia for exhibit in addition to' that supplied by the University
Athletic Department. Braverman said Iowa Public Television will be on
hand to tape the program and festivities, This program was planned by
Dave Gould, a practicum student, who also called Sports Illustrated and
CBS Sunday Morning, They expressed interest in this program, also,
Sunday, October 18, is the day for the Political Forum to discuss senior
issues and answer questions from the audience. Clayton Ringgenberg will
be the moderator for the program. Candidates for state offices and
Senator James Leach and his opponent, Jan Zonnerfeld, will participate in
the Forum.
Braverman urged all Commissioners to come to these events.
SENIOR CENTER UPDATE. MEISEL
Meisel stressed the importance of Commissioners attending special
events in order to make informed decisions affecting the Center.
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Meisel discussed the Community Theatre fund raising event which will
occur on Thursday, December 10. The production will the "The Dining
Room".
Meisel said the Center raised over $650 from the Quilt Raffle. She also
expressed her appreciation to Dick Blick Art Materials which volunteered
to put the quilt in their window every evening and over the weekend. She
said for the second year in a row Milo Pecina sold the winning ticket.
SEPTEMBER MEETING. MEISEL
Meisel reminded the Commission that the Advisory Board will meet
on Tuesday, September 8. She said that any item that they want on the
agenda should be sent to her by that time. She said the September meeting
would begin with an hour of Senior Center standards training, The second
hour would include items for the agenda that require a vote. There will
not be time for lengthy discussion. Information will be mailed in the
packet before the meeting and votes, if necessary, taken with the
minimum discussion,
COMMITTEE REPORTS. COMMISSIONERS
Pieper gave a brief report on the Volunteer Dinner. The dinner will be a
dinner dance at 6 PM on October 20. It will be held at the Recreation
Center. She said that all Commissioners should be at the Rec Center at 4
PM to help set up for the dinner,
Stager gave a report on the Building Maintenance Committee. He said
his committee had toured the building and found several areas that needed
attention. See allached report from the committee.
SITE VISITS . PIEPER
Pieper reported on her visit to the Council of Elders. The Council will
meet with the Commission for the first hour of their meeting in order to
take the Standards training.
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She said the Council discussed the publication of $ A Month Club names
every month in THE POST. It was decided that this should no longer be
done as it takes away valuable space for publicizing programs and
activities.
An acceptable alternative starting in September is to post the $ A Month
Club contributors on the bulletin board in the hall leading to the Eldercraft
Shop.
New CaE officers for the coming year are: Frieda Shannon, Chair; Cathy
Vrchoticky, Vice-Chair; Martha Geggenheimer and Doris Ipsen, Secretary;
and Walt Shelton, Treasurer.
OPEN DISCUSSION
Gode will go to the meetings of the Council of Elders, City Council, and the
Board of Supervisors in September.
Geasland said the VA Medical Center has started a new program aimed at
older veterans called Eldervets. The person who will head the program is
Leah Haas, RN,
There was favorable comment on the Press-Citizen article on the
Center's television show - Mature Focus.
The meeting adjourned at 5 PM,
Minutes prepared by Joyce Phelps, SC Secretary
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IOWA CITY PLANNING & ZONING COMMISSION
SEPTEMBER 17, 1992 -7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
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MEMBERS PRESENT:
Am: FJovbjerg, Pete Cooper, Sally Dierks, Tom Scott, George
Starr
MEMBERS ABSENT:
Casey Cook, Richard Gibson
STAFF PRESENT:
Moen, Miklo, Bormann, Neff
CALL TO ORDER:
Chairperson Scott called the meeting to order at 7:42 p.m.
RECOMMENDATION TO CITY COUNCIL:
1. Recommend approval by a 5-0 vote, of an amendment to the Zoning Ordinance,
Section 36-58(d), to allow non-required off-street parking to be located on a separate
lot in commercial and industrial zones.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Bruce Glasaow. President of Plum Grove Acres, Inc., stated that there are some problems in
the CN-l, Neighborhood Commercial. district. He said the regulations indicate that you can
have a gas station and food store because they were currently on a site, but all other uses can
only be established Iiy special exception. He said he has had customers that are disturbed
over questions that appear on the special exception application form. Glasgow stressed that
established business people shouldn't be subjected to these types of questions, especially
with regard to 'the morals of the community. Glasgow noted that applicants for special
exceptions must also pay a $275 application fee. He noted that a previous applicant for a
special exception is held hostage by the Board for 60 days while the Board attempted to get
Glasgow to take action regarding another site.
Scott responded that staff, the Commission, or Council should review the application form.
He said that he does agree with Glasgow that some of the questions are unnecessary. He
noted there is a difference of opinion regarding the CN-l zone and that for himself, he has
difficulty determining what is the origin of the clientele of businesses, Scott indicated that
the cost of the application with the frustration related to filing the application form, can send , :
the wrong signal.
DEVELOPMENT ITEMS:
1. S-9007, 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.lot
commercial subdivision located west of Gilbert Street, south of Stovens Drive. (45-day
limitation period: waived,)
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September 17, 1992
Page 2
Miklo stated that revised plats were not received so staff would recommend deferring
this item to October 1, 1992.
Public discussion was opened at 7:49 p.m.
There was none.
Public discussion was closed at 7:49 p.m.
Bovbierg moved to defer S-9007 to October 1. 1992. Dierks seconded. The motion
carried 5.0.
2. SUB92.001 B. 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 reviewed the staff reported dated September 17, 1992. He referred to a staff
memorandum from the City Attorney's Office which indicates that the adjacent parcel
does not need to be included in this subdivision. Miklo explained that a revised plat
was received at this meeting and has not been reviewed by the staff. He said staff
has raised some questions regarding limiting access to First Avenue and Rochester
Avenue in order to decrease the number of accesses onto these arterial streets. Staff
recommended deferral until the deficiencies and discrepancies have been resolved.
Upon resolution of deficiencies and discrepancies, staff recommends approval subject
to the condition that a note be included on the plat prohibiting direct access onto
Rochester Avenue from Lot 1 and direct access from Lot 2 onto First Avenue.
Public discussion was opened at 7:53 p.m.
Bruce Glasaow stated that the issue regarding the 3.lot subdivision has now been
resolved, but he noted that the planners are now saying he can't have access onto
First Avenue from property that he has owned for 25 years. He noted that he has paid
for the sewer, water and paving for this area. He stressed that he is asking for the
right to have access onto First Avenue. He indicated that two years ago, a subdivision
was approved with two accesses onto First Avenue for Rita Lyn Court. Glasgow
explained that he would not do the subdivision if access for Lot 2 is prohibited onto
First Avenue, He said he would agree to a deferral to October 1, 1992, to allow for
review of the deficiencies and discrepancies if the Commission agrees to recommend
that access be allowed to First Avenue, In response to a question from Dierks,
Glasgow explained that the parking lot at Dan's Short Stop is used by some people
now to avoid lights, but he stressed that he has no intention of constructing a through.
street in this area. He said if the current situation becomes a problem, speed bumps
could be installed.
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In response to a question from Scott, Glasgow indicated that Lot 2 is 249 feet from
its northernmost boundary to its southernmost boundary. In response to a question
from Cooper, Glasgow explained that staff has decided that an access to First Avenue
should be located directly across from Tudor Drive. Scott asked if Glasgow would
agree to prohibit the private drive on the Dan's Short Stop property from accessing Lot
2 in order to prevent having both rear and front entrances to Lot 2. Glasgow said he
would think about this type of arrangement. Scott stressed that in order for him to
support First Avenue access for Lot 2, he would need assurances that a through street
won't be created. Glasgow responded that this would seem to be reasonable.
In response to a question from Bovbjerg, Miklo stated that allowing access from Lot
2 to Lot 1 's parking lot could be beneficial in reducing congestion in the area, Scott
stressed that there is a need to preclude the parking lot from serving as a through
street. He said he wants assurances that the traffic from Dan's Short Stop would exit
through the private drive and not through Lot 2 onto First Avenue.
Dr. Richard Parrott stated that if access were required to come through Dan's Short
Stop, there would be a violation of having perpendicular parking abutting a drive.
There was a consensus of the Commission to allow Lot 2 to have access onto First
Avenue west of Tudor Drive if the legal papers prohibit through traffic from Lot 2 to
Lot 1.
Glasgow agreed to waive the 45.day limitation period to October 1, 1992.
Public discussion was closed at 8:15 p.m.
Dierks moved to defer SUB92.0018 to October 1, 1992. Bovbierg seconded. The
motion carried 5-0.
3. SUB92.0019, Discussion of an application submitted by Southgate Development Co.
for approval of a preliminary and linal plat for Walnut Ridge, Part Three, a 19.59 acre,
13-lot residential subdivision, located north 01 Melrose Avenue on Kennedy Parkway,
(45.day limitation period: October 4, 1992,1
Miklo reviewed the stall report dated September 17, 1992. He indicated that rovised
plats were submitted at the meeting and had not yet been reviewed by staff, He
reported that legal documents and construction drawings and a grading and erosion
control permit have been submitted. Staff recommended deferral to allow lor review
of the revised plat.
Public discussion was opened at 8:17 p.m,
There was none.
Public discussion was closed at 8:17 p,m.
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Dierks moved to dafer SUB92-0019 to October 1. 1992. Cooper seconded, The
motion carried 5-0.
4. Z-9003 and A-9001. Discussion of applications submitted by John and Allegra Dane
to annex and rezone a 19.53 acre tract of land located south and east of the
intersection of Sunset Street and Highway 1 West from Johnson County C-2 and A-l
to CC-2. (45-day limitation pariod: waived.)
Miklo indicated a letter had been received from the applicant requesting a deferral to
October 1. 1992.
Public discussion was opened at B:18 p.m.
There was none.
Public discussion was closed at 8:18 p.m.
Dierks moved to defer Z-9003 and A-9001 to October 1. 1992. Cooper seconded.
Starr indicated he had received a letter from Dane dated September 15. 1992. which
Included Dane's comments from a presentation to the Commission made on February
7.1991. Staff agreed to provide copies of this letter to all of the Commissioners.
The motion to defer carried 5.0,
ZONING ITEMS:
1, REZ92-0009, Discussion of an application submitted by Joan Hartto 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.)
Scott indicated a letter had been recaived from the applicant waiving the 45-day
limitation period to October 1. 1992.
Public discussion was opened at 8:20 p.m.
Thare was none,
Public discussion was closed at 8:20 p,m.
Dierks moved to defer REZ92.0009 to October 1. 1992. Starr seconded. The motion
carried 5.0.
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September 17, 1992
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2, REZ92.0012. Discussion of an application submitted by Southgate Development to
rezone 6.8 acres of a 15.1 acre tract from ID-RM, Interim Development Multi-Family
Residential, to RM-12, Low Density Multi-Family Residential, and 8,3 acres of said
15.1 acre tract from ID.RM to RS-5, Low Density Single-Family Residential. The
request property is located east of S. Gilbert Street and west of Sandusky Drive on
Cherry Avenue extended. (45-day limitation period: October 12, 1992.)
Moen indicated that the applicant had submitted a letter requesting deferral to
December 3, 1992.
Public discussion was opened at 8:21 p.m.
There was none.
Public discussion was closed at 8:21 p,m.
Cooper moved to defer REZ92-0012 to December 3. 1992. Starr seconded. The
motion carried 5-0.
3. CZ9243. Discussion of an application submitted to Johnson County by Jeffrey Dwyer.
contract purchaser of property owned by Raymond and Linda Williams, to rezone
approximately 16.04 acres from AI, Rural, to RS, Suburban Residential. This property
is located in Fringe Area 1 on the east side of Kansas Avenue, SW, 1/8 mile north of
its intersection with Rohret Road,
Moen reviewed the staff memorandum dated September 17, 1992. She also reviewed
the staff memorandum from Rockwell dated September 17, 1992, addressing
questions that were raised at the Commission's informal meeting of September 14,
1992. She referred to letters from Tim and Katherine Thompson which address the
suitability of the site for agricultural purposes. Staff recommended that the
Commission recommend that the Council forward a comment to the Johnson County
Board of Supervisors that this proposal is inconsistent with the mutually agreed upon
Fringe Area Agreement Policy for Fringe Area 1,
In response to a question from Dierks, Moen indicated that, depending on the
circumstances, it would be possible for some of the lots to be subdivjded again
without further review by a governmental body, Scott asked if such resubdivision
could be prohibited in the legal papers. Bormann said if such a prohibition were
included in the legal papers, it would be necessary to provide sufficient notice to
subsequent purchasers of the lots. Bovbjerg said she feels that if the owner upgrades
Kansas Avenue, then it will be necessary to improve the road all of the way to Rohret
Road. Moen stated that it may not be necessary to oblige the people who own the lot
at the corner of Kansas Avenue and Rohret Road to improve the section by their lot,
but she said the Commission could oblige the developer to improve the entire length
in order to provide safe access to the proposed subdivision. She cautioned the
Commission that in the County, Johnson County has an easement for public access
to roads, but does not own the roadway itself. She said this might require the
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subdivider to obtain permission from the owners abutting the street in order to make
any necessary improvements. Scott said that he feels that if the road is upgraded, it
should be done for the entire length from Rohret Road to the subdivision. He said that
it might require that Johnson County vacate Kansas Avenue to allow for the
improvements. He said it would also require an easement from the owner of Lot 10
to permit for sufficient right-of.way, Scott said he feels a vacation would be required
jf any regrading is done on the road because of the County's concerns with liability.
Public discussIon was opened at 8:38 p.m,
Larrv Schnittier. MMS Consultants. said that it is his understanding that all improve.
ments must be to the new County-to-Market road standards,
Jeff Dwver. aDDlicant, stated that he had talked with Doug Frederick, Johnson County
Engineer, who had indicated to him that the County will replace the gravel surface on
the road and this would permit two cars to pass one another going separate ways,
Dwyer indicated that he can amend the zoning application to address only three to four
lots and he will try to designate the wetlands as an outlot to allow this area to be
undisturbed and preserved. He said he does not intend to allow for any additional lots
and said that six 'was the maximum that he would want on the tract. He said no one
has indicated to him that there were problems with the existing septic systems in the
area and asked if this item should be deferred until a new design can be submitted.
Scott state,d that the Commission can proceod with the rezoning question regardless
of the subdivision proposal.
Larrv Schnittier stated that under the County's procedures, they would only be
rezoning a portion of this site. Dwyer requested a deferral to October 1, 1992.
Sue Chase. 4175 Kansas Avenue, stated that approximately 10-12 neighbors were at
the Johnson County meeting. She indicated that the letter from Tim Thompson
reflects the neighbors' views about this request. She said that she could get a signed
petition from the neighbors opposing this rezoning. She stressed that Kansas Avenue
is a single-lane road with no shoulder, She said some property in the area has already
been designated as a wetland and there is a marsh that serves as a wildlife habitat.
She noted that one residential lot in the area has not been developed because of the
perc tests. She said that even six lots would increase the demand on the wells by
28%. Chase explained that neighbors in the area already have well problems. She
said that she believes eventually this area will be annexed by the City and then they
will have City water, but now filters are needed because of the poor water quality and
she noted that there are also problems with water pressure. Chase said that ,the
current residents didn't request rezoning for their properties because it was already
zoned for residential use when it was purchased, Chase indicated there are also
residential lots in the County that should be built on before this area is rezoned to
residential. She presented a letter to the Commission from Barbara Reck in opposition
to this request.
Public discussion was closed at 8:54 p.m.
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Dierks moved to defer C2.9243 to October 1, 1992. Bovbjerg seconded.
Scott acknowledged receipt of a letter from Barbara Reck, 3025 Rohret Road SW,
dated September 17, 1992. In response to a question from Dierks, Dwyer indicated
it had been his intention to live on one of the lots.
The motion to defer carried on a 5.0 vote.
4. Discussion of an amendment to the Zoning Ordinance, Section 36-581dl, to allow non.
required off-street parking to be located on a separate lot.
Moen stated that the proposed amendment, per the Commission's direction at the
September 14, 1992, informal meeting, would limit the opportunity to provide non-
required off-street parking on a separate lot to commercial and industrial zones with
Board of Adjustment review.
Public discussion was opened at 8:57 p.m.
There was none.
Public discussion was closed at 8:57 p.m,
Starr moved to approve an amendment of the Zoning Ordinance, Section 36-581dl, to
allow non-required off-street parking to be located on a separate lot In commercial and
industrial zones, Dierks seconded. '
Scott stated that at the Commission's informal meeting of September 14, 1992, the
Commission expressed the desire to limit this amendment to commercial and industrial
zones in order to prevent the provision of additional non.required parking in RM-zones,
especially on the north side of Iowa City.
The motion carried 5.0.
COMPREHENSIVE PLAN ITEM:
1, Discussion of setting a public hearing for October 6,1992', on a proposal to amend the
Iowa City Comprehensive Plan by incorporating elements of the Iowa City Historic
Preservation Plan,
Miklo stated that the Historic Preservation Commission has asked for a joint meeting
on October 6, 1992, in order to hold a public hearing on the Historic Preservation Plan.
Public discussion was opened at 9:02 p.m.
There was none.
Public discussion was closed at 9:02 p.m.
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Planning & Zoning Commission
September 17, 1992
Page 8
Starr moved to set a public on October 6, 1992, at 7:30 p,m., In the City Council
Chambers for the purpose of amending the Iowa City Comprehensive Plan by
Incorporating elements of the Iowa City Historic Preservation Plan. BovbJerg seconded.
The motion carried 5.0.
CONSIDERATION OF THE MINUTES OF THE SEPTEMBER 3. 1992. MEETING:
Cooper moved to approve the minutes of the September 3, 1992, meeting. Dierks seconded.
The motion carried 5-0,
PLANNING AND ZONING INFORMATION:
Moen announced that a joint meeting between the Commission and the City Council has been
scheduled for October 5, 1992, at 5:30 p,m, to discuss roadway alignments and potential
construction costs.
Scott thanked staff for providing information regarding Council's request on the number of
LSNRD and LSRD proposals that have been reviewed by the Commission and Council.
Bovbjerg thanked staff for providing information requested at the informal meeting on Johnson
' County soils,
ADJOURNMENT:
Dierks moved to adjourn at 9:09 p,m. Cooper seconded. The motion carried 5.0.
Ann Bovbjerg, Secretary
Minutes submitted by Mary Jo Neff.
1,&19,17
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