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HomeMy WebLinkAbout1992-09-29 Bd Comm minutes ;Jb~) J 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'. , 020'15 - . - . -, 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. ~()I/5 .AI_ ""'l'~_ .--.---.-.-. ---- ~_M J_, '.. 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: '. , 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. rJo'lS " I , -, 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. h1L~ ;) ce c10.:1' Riehard Blum, Chairperson ..... ,Jt)'/5 , ", 1xfl ) 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. rf(~f(, " -, 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 .0--_,.--- ...-.. ~ ~....., ..-...- -, 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 "zol/~ L._ .....~ .-- ~. -, 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. ,;/o'I/tJ IA...._... _, .._........... w____.__ - lh _ ._~ .. ~~ - -.--- ~_, "1 , , -" 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 , <<oiKI, , ,I , , ' ~, 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, ; '.; 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. 2"~ - '" 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 ~()I/ftJ __..__n.'._'_~_.__ .......... ....-- -----.........-.~-*-'...,..~--..-. . .--- ~-"" I , , , -, 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 ,2D'I(' .._-.."........~,._",. ....t.. '. .__..____ "'-,______ .............H...._..._ - -... ... --4-~ .__._~ _ " 'I , , "', 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 ~D4I' .-,. ......__ _....___ ........,___.~~. ~.......~". ... .....c '.M.... ~ - __..iiG. '-. 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 I I I I I .._....._.._'..._IM-...,_'..._.~...._,...-_"..... --......- ---.., .' . 1811. I ~:"_"4~,"",~'"""",,,,,,,,,,,,, J", ~, ~ .-....".~ ".~~, ,.-.... . ",' " 'I , , 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. .' J~I/' ' ------ -... --......--- 1&~_-ullII1 -" rv )'0\ ' , 'I , , 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 oi'of' otb9'~ ~, 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, -, ~~) :J 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 ________~"trNMILIII"'-- cO()l/7 ~ , 'I I , "i I l<---- Jon. ~, XJ~'j 1) 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 ,JO'lf JIl!IM_'- .-.---- .-.... '" 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 2 ~(llf ._tl~._.......,--...._ ____............_M ..- -, - -" 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. 3 ,J.(JI/r --.- ... .., 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 4 J,O'/f ~, 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 5 :ldff . --..-......--.. --........-- .._.-..._..............-..1.... - -..--...- - 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 6 Jc'lf - "" 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 7 cfI.~,r ...... -, ADS PROPERTY: 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 8 ,JaW, , ", 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 9 ,fleW ....~..._.... .,_..~,_.._...r6_I";___ ...._.."_..___._._~~.____~ --. __ L.d -~ -, ". .--........... 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 :!dW u. - - -.... --- ...---...-- ~, \jB) ) MINUTES 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 __.____0..___._ --.-..... - J(J~l. IARGET SERIES WI-8 09J.S31Z-U ~ CORPORATION JIo4I CORPORATION MICROOR~PHICS DIVISION . I , , , -, 'o~) ~ MINUTES 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, , , , " 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 ! -, MINUTES 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. _ _ ____ ____ "'" .......u_.... .__~_ ___.___._ _.........._ ~()I/f, J~"''''', I , , t MINUTES Page 3 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. o?W, 'm -...,;; -<10..._ 'I1llo ~ .- ,,-- _u____._ ..4.----, ....._~ , -'---""-'P"-~ -, I " , MINUTES Page 4 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. ~UI' ______~_.~__.__~_~ . ~...~... "'_M__ _ow .......- ... - " , , , -., MINUTES Page 5 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 ,tIff ~If::"'--- -- - .-.-........ -.....- 11I1 _, _L., -" \ \\Q) ~o'C MINUTES IOWA CITY PLANNING & ZONING COMMISSION SEPTEMBER 17, 1992 -7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS . . .----...... ~ ':""" I ~\ . "" ;.; 0:0; J ,; ',,' . ' '. '-. ) t' ", .....,1. ...., -. '" ..~'..~-- ""'~}"~~'$I I -...~-~ .. , 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,) JOSfJ .- _"--~'___"~ A'..... ~. ,-- I , , ~- -, Planning & Zoning Commission 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. l rA~50 -, Planning & Zoning Commission September 17, 1992 Page 3 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. rJtDSfJ . -, Planning & Zoning Commission September 17, 1992 Page 4 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. Jose -, Planning & Zoning Commission September 17, 1992 Page 5 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 J.(J5(j ... ~,....." ____.__..............._,________MM~'_'_ ~lII' "IIml , -, Planning & Zoning Commission September 17, 1992 Page 6 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. ,J~5() 'I , , 0., Planning & Zoning Commission September 17, 1992 Page 7 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. J.tJ5 0 "T - .~ , I , , -, 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 -- .......~- _ ~~M'.d. , ." '~r><l~_.~ n_____JIlI'IIfIllli Jd5~