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Home My WebLink About1994-09-13 Bd Comm minutes .... .' ., .ITtm' 'r; .\' I i .. : .il' ," " ".,\," .,' " q .", .. ,~, .' , . '.'::' , ", . . :,",. _._._........ .._..".... __' ...._;...,.....~i..i_'..~'..,,__,..,>_,........,__....,.. < .........,.." .',", '..t..' '.".'.:" "..._". ~.._...__u~n._ ____,.._.....__ . ... ~, loa .... ~' ;', ';.' , ,':1 ,',", "'.. i~, ;.....; .,":.~ ~;, '1 ~~::':'~ 'r , 15 ' " . \\ , i0'O\(' J 5 CrffcO-- Mayor'S Youth Employment program Minutes Board of Director's Meeting June 23, 1994 Board Members Present: AX Traw, Pete Simonson, Jean McCarty, Loren Forbes, Natalie Cronk, Joan Vanden Berg, Julie Pulkrabek, Dave Jacoby, and Kristin McFarland Not in Attendance: Barry Kucera, Pat Schnack and Sheila Creth staff Members Present: Ben O'Meara and Mick Bowers call to order: Dave Jacoby called the meeting to order at 4:40~m. I. Introductions and Welcome: Dave welcomed all in attendance. II. Approval of Minutes: Minutes from the May 23, 1994, meeting were approved by consensus. III. Additional Agenda Items & correspondence Received: IV. New Business: I: t " r'--'" \ 1. Initial discussion concerned the completion of the HUD We Deliver project. Ben reported that we had not received the go ahead to purchase a computer. We have been in communication with HUD numerous times since March regarding this purchase. Julie suggested that we draft a letter to HUD stating that if we have not heard otherwise within 10 days, we will go ahead with the purchase. 2. We then discussed the available options for housing the popcorn wagon. Old capitol Mall, Econo Foods; Cub Foods, Sycamore Mall were all,mentioned as possibilities. 3. Dave, Kristin, and Julie will be working on Ben's evaluation for the next board meeting. V. Old Business .A "....l' : I I , 1. committee Reports/Assignments Update - The board approved by consensus to discontinue the building and capital committee, program committee, and strategic planning committee. ',' I VI. Adjourn: Natalie made a motion and Pete seconded the motion to adjourn at 5:45 p.m. Motion carried. MSC i I : I The next board meeting is AUgust 23, 1994, at 4:30 P.M. Mark I I that down! Four thirty in the afternoon! ll~ 1::/, /l /': / Ii 0iJAL.. ;( .:A.:/t2~' /l ,i) lJ/ Lj},L ~,'"l "--Loren Forbes / Ben O'Meara - "~ secretary Executive Director ~{" ~ ~' A5MMN94.JUN ;,::\:' tC~'~_ ~_.,:' - n ~' ---~ )','.,"'.""'.""'"'' :, ',.;:',":"', "" ,":.,,< ",'.."L9,\:"'.:::'_ .,.Yi\,.:, ~-- , i, . Q , " B ",.., "',' uO" '<(0, ',' , '.. ;. z~'. , ,\ . ~ I ' ,.... '~ , '...., " \1"--' \d \ ,,~'(.J '/)j " , ' .'-~ I, 1 r-', \ ~ ''''-r~ 1 : , ..:; : I , I I I II , I I: , ~ I ' I,', I' ~ :(C 0 ., ,/1 .' .. .' .~r \ ',., , '\" , . ,~. .' . .. , '~"I' ... ~ ," . , ..' .,',"_~'...,'. :,':"'L'.~:,.. .~, ."" ~ M' ..,.,,: ~"-'. i,-"';~":"",,,,,,"_.,~ . '.~ ., . , , . __ ^"_.~_~_M'_",".U'''''"_ MINUTES SENIOR CENTER COMMISSION JULY 18,1994 MEMBERS PRESENT: Harold Engen, Fred Krause, Gerry Lackender, Terri Miller, Tom Muller, Patrick Peters, Frieda Shannon MEMBERS EXCUSED: Rufine Anciaux, Mark Thompson GUESTS-PRESENT: Patricia Cone Fisher, City Attorney; Chuck Thayer, Council of Elders; Steve Atkins, City Manager ' STAFF PRESENT: Bette Meisel, Joyce Phelps CALL TO ORDERIINTRODUCTJONS/MlNUTES/PUBLlC DISCUSSION Muller called the meeting to order at 3:05 PM and introduced and welcomed the guests. He announced that Anciaux's sister died and that is why she was absent. The minutes were approved with one correction. There was no public discussion. COMMISSION EMPOWERMENT. Steve Atkins I) I' ' . Atkins thanked the Commission for inviting him and said his visit was precipitated by a series of circumstances that occurred over the last year. He reflected that over time he ' has watched Commissions and Boards change as they have assumed more or less responsibility and authority depending on the events that arose. He observed that in his view the Commission is confused about its role and lacks knowledge of the extent of its responsibility and extent of its authority. He said in fact that the business with Congregate Meals gave rise to a' debate or dispute that probably should not have occurred, As he spoke infonnaUy with the members the following observations and points were made: I.! I. He emphasized that the Commission has a unique set of responsibilities because it is concerned with building management which not many commissions have. 2. He said he realizes the Commission has a tenantllandJord relationship with agencies housed in the Center without resources to go elsewhere and that the Commission has no authority over the agencies, yet must live with them, preferably in hannony. 3. He perceives the Commission as lacking direction because of confusion over the how the Commissioners see themselves, i.e. as just an advisory board to the City Council. 4. He stressed that autllority is theirs for the taking on many issues - resolving disputes, building a community within the building, etc. ::: , ~o,.":,,,:,:::,:;,,:,,:\, :,\0..1", :;~. . ,y.", ':", ~'''~ ..,....,.", ,.- ,..".."..," ',"'1' ..",,; ,"""" "'5" [J'I' I.. Y' '.< ,....'..,.:/i...,!.....1 - ~- -, ,,". ,\ j~', " , r .L ,-', \ '\ ,~ r'.,-~ II ~. , i , I i I I, , I I~ !I" II ~ l",A '~ ,', ~ I " ,"~~',',", '~! 'U ~f ~, .' ../' .- le- 0 ., :' ,'\-. ..' ' : 'qt', ." 1,\ 1. ~ .. 1 . . .;. o '.:.:1 , "', ''''f-, ... . '. ~"",,,:,,_,_._u... .~ __~_.~"......__...., . ",' ',,"'_',; h, C' ".".._-_,.,...,.".._..,.,.-_.._._....__~'. SCC MINUTES PAGE 2 5. Atkins suggested that they should use the makeup of the Commission (6 city appointees, 3 county appointees) to resolve disputes without officially bringing in elected officials and other concerned outsiders, 6. He emphasized that even though the City Council may not always go along with recommendations the Commissioners make, they should make them anywayo He pointed out that if they don't, someone else will, 7. He explained that he was willing, along with the Center Coordinator, to help facilitate the Commission's role in decision-making. 8. He said he was willing to defer to the Commission's judgment about the variety of interests and demands that affect the operation of the Center. 9. He reiterated that after the Commission has time to reflect on these matters, he will be more than willing to come back again if it would be helpful. There was general discussion and some questions for Atkins. The commissioners expressed their appreciation to him for coming. ANNUAL REPORT. Muller r Muller asked if anyone had written suggestions for the annual report. Engen handed out his. After reading his report, the consensus was to use his list of accomplishments and to use the Three Year Goals as the section Plans for Fiscal Year 95. Meisel is to submit a draft for the meeting in August. SENIOR CENTER UPDATE. Meisel Meisel reported on the September Commemoration of WW II and Johnson County Veterans. She suggested that Commission members come to as many of the events as possible. , She asked if the Commissioners had give anymore thought to the door counters she told them about in June, She said the cost for 7 doors is $85 per door and would really help us find out more exactly how many people use the Center daily. I.!. After discussion Peters moved to buy the door counters on the seven doors, Shannon seconded. Motion carried. Meisel reported that Mary Lea Knlse of Artist's Concept had secured an expert who will design and build a case for the large quilt 10 hang on the second story staircase, This will cost much less than originally planned. A question was asked about treating the quilt with fire resistant materials. Meisel said she would look into it. -"'~...r'''' .. ,_nV;NlIll 'J' ',".,',',"'.~:::--,..,...." ;,..,'.:'.;". '. .,....... .:i.' ',:' " ..... ,-,t,::.: "" " ~, ~'" ,.."..,.,..".,"'....'T',...";' ,'&" ..,"I",': 25 .0, -, ...,rv, - ".- II o , . ,..,.....,.,.',.'.' ....',' ~'" 'h_',,- , I. ,'. l;:'i: , ., .' , .. "'.- .. ~!~'\"" . ...... ~, ' .. .' ,~. ','.:1 " ...."'. . . .,... ..-." ~.,.; :....'...,-.:::,,-~.;.:.j.,..~~'.~...;:,'-:.;.,::..:_'...~..\'..-,,~...;,._..1...:.......~.;~..._. .' ......~...;. ,(' r\'\ ~ "~r I, I I I) , " I I I i i~ I r" I U) "'t). J< '~'~<""'" I.'" Gi .j it-" " ~., ~ '.....,:.', " .-.......~ (r, '-='- 0 ' .~. _.,.._._...,.~,.'''' .,..,".',..,"'.".,..,"~' ,..'_..'-L'..~''-.';', SCC MINUTES PAGE 3 Meisel said the National Recreation and Park Association is publishing a book of 10 model volunteer projects across the country and the Center's SCTV will be one of those selected. A videotape will be made for the City Council and others to view showing the honors serv has won since the Commission made the decision to support servo COMMITEE REPORTS Rental Space-Peters Peters and his committee submitted a draft of a Letter of Agreement with Non-affiliated Groups or Individuals Using Ule Center for One-Time or Irregular Use (Weekends and Evenings). The letter of agreement covered amount to be charged or donation to be made, hiring of janitor, responsibilites of the Center and the group(s) using the space. Muller suggested that Meisel work with Peters to complete the agreement and to bring a new draft back in August. Resolution.Shannon Shannon discussed the draft of the resolution which her committee had completed. There was discussion and a few minor changes were made. Krause moved that the Commission adopt the resolution and forward the corrected copy to the Cit)', Engen seconded. Motion carried. Finance.Miller Miller explained Meisel's idea to raise money for library shelves, She said Meisel has already received $100 for book shelves in memory of a participant's parents. She directed Meisel to proceed with her plan for raising book shelf money. At the present time, Miller said they were evaluating all of the fundraisers used, Leo $ A Month Club, Quilt Raffle, Holiday Bazaar, etc. with an eye to, developing a fund raising plan, COMMISSION VISITS . Shannon Shannon reported that the Council of Elders did not meet in July and she was unable to attend the other two meetings. Muller said he would to do all three visits in September. Peters will make the visits in Novembero Thompson will write Comments for TIm POST in October, . ~~'-~:'-l .. '''1 JIltItul. dJ - '~ ']''-> " " 0, ", \ \ \'., . ;~ ',' ; i ~' . ..' . \ '.' .-'.;.. ,,~,:","",- ,,".--'''~~..- I I I 1 1 " " ~I~ ': ..,', ...., "..'..[...."..'..' , ^j 5 " 'to,. . ,; I' "..", 0", , '~: "'.,.,.,....,..'.._.1' ":'!;f'\~t"':<', ~/ - ;',':!;;. Zim5.~:-\.", . " .J .',' ;'1 ~. .' , \ , ' ,'I , ; ,..,I 1 'i "', -t , I --,j .i .~~ ~""l. 0":': :'i-:, (""",," \ )" ~ ''','- , , ,I ~r , , I ! , . ,C_ o-~ ." .... . :;::':;.:i\.t~\.!:::,..:.... . . ','-'\''''' ',. . .;; ..~. " ' ",. . " ,.", ',' -j I : \,., , ' .' ',',' . " " . -"~,--,-,..,,,-,,,,,,.,,,.,,<,,~,,,,,,,,,,,,,-,,,-,,,-,",,,,,,~,,,,,,,,,;;',"""'Y.,,..,....__._.......__..:-...-.;..:... ,. """ .~ "':1', SCC MINlJfES PAGE 4 OPEN DISCUSSION. Muller The datefor the annual Volunteer Recognition Dinner was set for Monday, October 10. Muller asked Lackender if she would be willing to chair the dinner committee again. She agreed. Meisel said as our numbers of volunteers grow, perhaps the time has come to evaluate other ways of volunteer recognition, Muller appointed the following committee to review the process: Shannon, Chair, Peters, and Thompson. Engen reported that the Golf League had 72-75 seniors signed up and participation was running 60-65% . The meeting adjourned at 5: 18 PM. Minutes prepared by Joyce Phelps, Senior Center Secretary Minutes approved by Gerry Lackender, Senior Center Commission Secretary I',' I ! ! I , 1 ~ I '" , ,I " . ,.-;, I. i " i..!" ~ I ~~,~ " r'..'~,,,,l"~:i{;: /)5":>1 Gf'; .~:,..' ';;'':'':';';''>:;l~(~; ."..'.'. J""""""""""f'l'''''''''''''''''~'''''''''''' \ ",".\ , " " ' 0' ' . :. 1"/ , " "I' (l\!' , ",I', ,\.',.." . '" .:,j,:, , rY ""... ,j" . ,":, ',',' , ''': ~ "'\,',.,'" . . " . , , "", ~' " ' .,:.:i:' .;. , 0 .:. ':~r \: I . ....\'1 '0. "".' /' I .. -, ..~, .. ,", /,,' ,:,.' .'., ",- ~ :,r ,. ,. .~, ,,',' ,. , ~ '''''1' ... ,I . . . ' .. .-' !:_.:.:.-..,,~.., .,._'..,..~"..~.""":",:,,,.-<:~_.. ' ,". ,. '_... ....~_......'. .,p.-< "._,~ '-,_'u,"" ,'c." ...d".-..._.....~._.:.-. ~~')' ~')::<J MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, AUGUST 25, 1994 - 4:00 PM I Members Present: Margaret Cox (arrived 4:25), Stephen Greenleaf(arrived 4:55), Anne Hargrave, Jeri Hobart, Katherine Moyers, Jesse Singerman, Anne Spencer (arrived 4:30, left 5:30), Chuck Traw Members Absent: Philip Hubbard Staff Present: Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Beth Fischer, Debb Green, Martha Lubaroff, Carol Spaziani CALL TO ORDER: Vice-President Moyers called meeting to order at 4:10 pm I I I APPROVAL OF MINUTES: The minutes of the regular Board meeting of July 28 were approved. Singerman/Hobart Minutes for Friends/Foundation annual meeting of July 28, 1994 will be approved at the annual meeting in July of 95, A ~ FINANCIAL REPORTS " " .k \"" \ '\ FY94 Receipts compared to FY93: The income to the general fund showed a substantial increase compared to last fiscal year. Enterprise Fund income is used to pay for supplies related to copy machines and microfiche machines. Income from Open Access money did go down due to the State program running out of money, thus reducing the reimbursement rate for the last quarter: , , i .~ .A V"'("" II' I ! I ' , ,1 FY94 Expenditures compared to budget: Craig reviewed the categories of expenditures and pointed out that we had stayed within our budget for FY94 : I II II i I ! I I ~~ I \ \ , DISBURSEMENTS: Visa expenditures for July were reviewed. Disbursements for July were approved. Hargrave/Moyers, STAFF REPORTS: I I ! .. .. Building Expansion. Craig reportecj. on the funding for the schematic design phase of the expansion project, Official approval by City Council is necessary to obtain the $50,000 initially requested through the budget process last year. A resolution has been prepared, She stated that it may be on the agenda for the ~; .' :~'; , :.1("'. ~~ r " ~'lS i5 :'....8""."'1", "to::: (C 0 "" < - J,...,"',",',,,.,,..,",..,, .' ,', ,<.."',..':: ''\' '.,0 <'", ::::, : '-\,..,' ,,' . ,'- t';' '",:;' ,:;'/;' "'" .' ",,' ..: I; i~:;Vt,:' -.~" .", ..",,'j , " ~~i.\1' /......... " l (~) ~ ,,~:!A V'f-~ 0 I . \ ,~ . ,Ii: I"~ i" ! ' I !'I I :1" , I , I i I , I I , I , , ;~. 1 I!'; 1 ll;" I, ",iI '\\'~",-":, ,~j "t ~f ~~~ .' j'i , , '.. ~~ \~ I:. '. , .;. . , ,'.,.. . . " , ,'.- "-"" -.,-,.... .... . ",-.-"-- "--"'-'''~''''''-- ICPL BOARD OF TRUSTEES AUGUST 25, 1994 PAGE 2 City Council meeting this Tuesday evening. Craig will notify the Board. New Assistant Director, Elizabeth "Liz" Nichols, will start on September 1. Craig informed the Board of her excellent qualifications including managing a Technical Services Division which includes the Circulation Department at a very large library. She is very experienced with the type of technology ICPL wants to pursue. Two Managers appointed to State Committees. Childrens Services Coordinator Debb Green will be serving on the State Library's Summer Library Program steering conunittee for 1995 and 1996. Technical Services Coordinator Barb Black is serving on a State conunittee to develop standards, guidelines and a manual so that each library will input data about their holdings consistently to the Iowa Locator, computerized list of all holdings of libraries around the state. Board Development Opportunities were presented to the Board, They included a workshop being presented at Iowa Library Association on October 12 and another workshop offered by the State Library on May 10, 1995. Anyone interested should call Craig. New AV Librarian Beth Fischer was introduced to the Board. She was hired to replace Casey Ashe. Beth has an excellent background in media support from Miami Public Library in Florida. FY96 budget preparation. Craig reported on the initial phase being carried out by Coordinators. She reminded the Board of the two extra meetings on September 29 and October 20, Open Access. Craig reported on this program which accounts for growing use in our library by patrons who do not live in Iowa City. The State Library has requested a substantial increase in the money available for reimbursing local libraries for FY96. She believes that at least equal numbers of Iowa City residents benefit from the program as well, Development Office Report: Eckholt displayed the Friends Foundation Annual Report and invitation for the annual donor reception in September, Since July 1 there has been an unusually large number of memorial gifts totalling approximately $1900. Eckholt attributes that to the increasingly high visibility of the Library as an institution to which contributions can be made. A leaf will be placed on the Giving Tree, in honor of Lolly Eggers, from the Board.' Eckholt reported on the hiring of Betty Carver formerly of the Technical Services Department, She will be working part time in the office. In addition a workstudy student was recently hired, Eckholt has several large projects coming up If - 1;, "I -,.r,_ ':,:: ..',~, \ . \ - ,r~~'~-. - ,0 ~u - ... , , I ~lbS 'I" ',', "} t. ....J !: .. ... ....,';.. 0', .. ..., ' ~i.;~, ,\. ','C, ....~-....,... , ,~"", r-' \ , \ A ~~--- .'If ,I.,'" , . : \'1' , , 1/,,1 I 1:/ I I : I : I II k. I"~ i l () \.,'~'''' ,,' 'c. 0 ., }"T . :~t;'I' . " '. . ~ . ,'. . '" o ": '.:.:' , ..... . .:.:., '..c,:..~ :~_~~._,_. ""'~"'-""""'."''''_'''''''''h_._ ICPL BOARD OF TRUSTEES AUGUST 25, 1994 PAGE 3 including a large mailing to library cardholder households in an effort to increase the donor base. First book sale is Saturday 8/27. Craig reminded Board that Eckholt will assume the editorship of the WINDOW, the library's newsletter, in preparation for Carol Spaziani's retirement. COMMITTEE REPORTS: Director's Evaluation 'Committee Spencer reported on the committee's work in determining the format of the evaluation. A suggestion was made that although the evaluation should be done by a committee, that all Board members should fill out the evaluation form, including the Director. Moyers stressed the 1-2-3 rating as a subjective measure but not to be used as anything more than a discussion tool only. Board agreed that the format will be to have Director fill out self evaluation, Board fill out evaluations and turn in all forms to Committee who will then meet with Director for purpose of evaluation and recommendation for salary increase. The wording in the procedural note will reflect a change that adds a single sentence stating all Board members will have an opportunity to complete an evaluation and submit it to the Evaluation Committee to the March paragraph. Thus changed, the procedure and forms were approved unanimously after a motion. Spencer/Hargrave Facilities Planning Committee - Greenleaf reported that Mr. Janssen of CPMI, our construction management firm and Mr, Scherer, our architect are continuing to work on a contract, They reported to Greenleaf that they were making headway on the contract preparation, COMMUNICATIONS The Board packet included a letter from the Havener family. UNFINISHED BUSINESS Operating Principles: Since the last Board meeting, Singerman and Moyers met with Craig to discuss possible inclusion of the Operating Principes from the current long range plan into the new plan, The group reviewed both documents and felt that the intent of the operating principles was reflected in the new plan. The principles should be used intensively during the evaluation cycle and the phrase "Goal Narratives" should be changed to "Value Statements". This was endorsed and approved by the Board after a motion. Craig will pursue having the finalized version printed. Singerman/Moyers NEW BUSINESS: The Board reviewed the FY94 Annual Report. They were very positive and complimentary. Extended appreciation and thanks to all staff, -i-"'~ ~ ~ _ ~.~,-' 0',.:)',';..... "-' " -.:..' ... . ~ I <oS- 1~'5 0 .,,-,.,. ,',1 '. ".,."- I; - ,l " I I ,I I ~:~~' . '" 1.':,'-. . ",-'" "', .. "~: .,.' ., "',", .: ,:,_,:";,:-'~"___~"""~~""""'~4,'IX.''''':'';'''''''''',''''''~~~/,,,..,.r.-'''.I,;'''',.;.....,;....;.;..;...z:_.....:.:.---:.;..... .' .'.i ICPL BOARD OF TRUSTEES AUGUST 25, 1994 PAGE 4 '. .,..... : 'j It was noted that Spaziani wrote her last Annual Report and has submitted her letter of resignation effective December, 1994. @ ~, .~ They then reviewed FY94 progress and FY95 plans of current long range plan Conunents included enthusiasm for adding Home School materials. Story Time kits have been a good addition. The Teen/Adult book buddy volunteers to Summer Reading Program was conunented on as a welcome action. A business pathfinder which is a directory to assist patrons in becoming more self sufficient in terms of locating reference materials is to be completed. A great deal of training for staff will be necessary as we define levels of service we want to offer. A library video history and a conununity proj ect, A Day in the Life of Iowa City, are being planned for and will be completed by a coalition of conununity agencies. ADJOURNMENT : j , i " , 'f Meeting was adjourned at 6:00 pm. Singerman/Hargrave Minutes taken and submitted by Martha Lubaroff. k'( , r \ 'V.Jill ~~ ~ I I I I I, f~1 ~ "'~" '.,' ') '. .,.,;.. " ,,':'-" ',\ .,:'....",.. - ?- -..,,','..';.'.',' ,'o' ,7::', "j', ,'r; '~".;-,1,.,....~>;r': r]_.J>~"".'''''~''''\''..''''1''''F'W"'-''."'''''i'''''71G=''..' "I" ',' ,t,:",;C;:;;,()';,',, " ";i{/:"':"'-.' '<',',. ',' """":">")'."5~' ':,:,,;::,:-~;';:':. 8','':'':''- .I'~"':I"":\"""'\"'"''~'~!\''''''' i\i;,.,,, "i.,:,I/',.",., ",;"". ,'" .' .:..]. "I~"" .u;), '." " .......'. \.~.I' ,:~:<:'\':'-).,(~""-i':':'<:':;;':'t':'<'::" " _,'_,: ,,,:;;;:;::,,\'~"(;""'r:~.,'/ ').1 ,,~ '1--. l'j' 'r-~ '. ,I . ,I ,.'.,',' ",,0 .~\ : . . -:- .:-. '.' '" -,... ,,:..: :"""".:" . ",,-,,' '" ~d :,o~\) ,,.... I, .. I; .,\ ..-''\ ' ( , \\ ~\\ ""r"~ I \ ,. I I . --"-< ((_ r-- ;, --_..~.... ., y'-j ,0 .;. " " . . "t .,",\1,. '. ",... ,'. . .', , ~ .w..... " 0 . . ,I ,.. ."'....~- ..... ,.. ,.:.,., '. ..... -,-.-.-. ,,'.... ""'.".,.-~",,..,,-,.~..._-,_..._----- " : ._":_._"~,,:,,,,,:,,,.-:,~..,~-.._;... MINUTES IOWA CITY CIVIL SERVICE COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM AUGUST 19,1994 MEMBERS PRESENT: Lyra Dickerson, Sue Dulek MEMBERS ABSENT: Mike Kennedy STAFF PRESENT: Sylvia Mejia GUESTS PRESENT: None RECOMMENDATION TO CITY COUNCIL: None. RECOMMENDATIONS TO CITY MANAGER AND STAFF: Commissioners instructed staff to schedule a hearing for the McMartin appeal on September 1,1994. SUMMARY OF RELEVANT DISCUSSION: Vice Chairperson Lyra Dickerson called the meeting to order at 8:03 a.m. Mejia explained the schedule which was developed to allow the Commission to hold the McMartin Appeal Hearing within the time frames required by Chapter 411 of the Iowa Code. She explained that Commissioners could meet on September 1, 1994 to open the hearing, Because of the unavailability of key individuals representing both the City and McMartin, Commissioners would be requested to continue the hearing to September 28, 1994. At that time all required parties will be available to participate in the hearing. Dulek moved and Dickerson seconded the motion to schedule the McMartin appeal hearing for September 1, 1994 at 8 a.m. Motion carried unanimously: Dickerson clarified that the Commission will open the hearing at that time and continue it until September 28, 1994 at which time all parties will be expected to participate in the full hearing. Mejia updated the Commissioners on the entry level fire testing and indicated that interviews are in the process of being conducted with the top 56 candidates who passed both the written and the physical agility tests. She indicated that a certified list will be ready by, September 1 and commissioners asked that this item also be placed on the agenda at that time. \, Dulek moved and Dickerson seconded a motion to adjourn. Motion carried unanimously. ~,~lt ~'.".\'" . . '. ....~.,....._~- ....,...,...., ';' .' .. -__' __v- 1,..""..,"" , . .' .,'. :",:,,:"',:-,.-, ,,' " '0,"" ", "',-, ,\', ":~.':~':'::,;..". {::"~;::.',.~",, . i , I I j I I ~ ; .j " I ! F".", .,'1....,." "')5":'0','" -6. . , f". """"'("",..' , ,. "':':':' ." ,'" )\", , . ~' I," I ',' \^ l0') i IJV .,...-....~ " r, .,.\..: [~'\ \ \ ,\;-:,) , ~ ~'~r, ! ' \ ., ,I i i k, I.' ' . i \ J , C,J,,; "" :' 0 ~ .' \,,', ',', " .;. . '., ' ," ~ri -\ r; , .. ". ,',. ..... " , ,'. , .~.,., , I.,' , ' , ., "",...~,..:..-:}.'....:,.-..-._.._" I j ... _....,.,.._"._ "'."".-,\~. '.',.", "_.."-" ....,~l",: , ' , ,.,',......-_-'-.',.._---~~.'-..~._.. . ~, ~',' " ,..... "'I" ",,',' " IS' ..,:. :~~' ~>-.. c.~,_."'\.J.........;. .~._._ MINUTES IOWA CITY CIVIL SERVICE COMMISSION CIVIC CENTER, LOBBY CONFERENCE ROOM SEPTEMBER 1, 1994 MEMBERS PRESENT: Lyra Dickerson, Sue Dulek MEMBERS ABSENT: Mike Kennedy STAFF P~E,S_ENT: GUESTS PRESENT: Anne ~~rnside, Pat Harney, Sylvia Mejia Dan Dreckman RECOMMENDATIONS TO CITY COUNCIL: Commission members recommended that Council approve the certified list for the position of Firefighter. RECOMMENDATIONS TO CITY MANAGER AND STAFF: None; SUMMARY OF RELEVANT DISCUSSION: Vice Chairperson Lyra Dickerson called the meeting to order at 8:00 a.m. Assistant City Attorney Burnside explained the possible need for subpoenas to be issued for witnesses in the McMartin hearing. She reviewed the Code section which allows the Chair of the Commission to sign subpoenas upon the authority of the entire Commission. Dulek moved and Dickerson seconded a motion to authorize the Chair of the ~ommission to sign subpoenas as necessary for the McMartin hearing. Motion carried unanimously. Dickerson then opened the McMartin appeal hearing. Mejia explained that this was necessary to meet the time limitations imposed by the code. However, all of the parties have agreed that, due to scheduling conflicts, the hearing will be continued until September 28, 1994. At that time all parties will be prepared to participate. Dulek moved and Dickerson seconded a motion that the appeal hearing be continued until 8 a.m., Wednesday, September 28, 1994. Motion carried unanimously. Mejia ,reviewed the certified list for the position of Firefighter with Commissioners. Dulek moved and Dickerson seconded a motion to certify the list as presented. Motion carried unanimously. Dulek moved and Dickerson seconded a motion to adjourn. Motion carried unanimously. . ~ >>.. , . ,',......> - ).,",'.."m'.., , .'.',."""1..'_' '.... ,. ,<0 ".... ' ':: ':' .,':~:, . , -\i',,\ . ,- . _ :_'. ,,'~.' '. . , ' " ,.., . --"J~ , ,.:',,0, ! I.! 'Id; ..k,'.'.:.'....,.;:.'.', MEMBERS PRESENT: MEMBERS ABSENT: Ann Bovbjerg, Jane Jakobsen, Tom Scott, George Starr Pete Cooper, Sally Dierks STAFF PRESENT: CALL TO ORDER: Denney, Fosse, Holecek, Miklo, Rockwell, Haring Chairman Scott called the formal meeting of the Planning and Zoning Commission to order at 7:40 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. SITE PLAN REVIEW: 1. Public discussion of an application submitted by Jim Glasgow for site plan approval of Hickory Trail Condominiums, a 16-unit, 1.83 acre development located at the intersection of First Avenue and Hickory Trail. ,. , I .:\ -'\ [, \1 ~ ,~ "'r I" I I Denney said this is a public discussion of a site plan that was initially submitted on June 7, 1994. On June 19, 1994, staff received a request signed by more than 20% of the property owners within 200 feet of the exterior boundaries of the development that the plan be reviewed by the Planning and Zoning Commission. The letter from these property owners (see attached) raised a number of concerns in regard to the proposed develop- ment. Staff responded to those concerns in a letter dated July 12, 1994. The site plan review requires that the City approve, approve with conditions, or deny a site plan within 20 working days of submittal. It is the City Attorney's opinion that once a petition request- ing hearing by the Planning and Zoning Commission has been received, the 20 day period starts over, The last day of the second 20-day period is July 18, 1994, and that is the reason for the special Planning and Zoning Commission meeting tonight. Staff has reviewed the site plan and has found that it appears to be in compliance with all the applicable City codes and ordinances. Regarding the questions that were raised by the neighbors, Denney stated the neighbors feel access and egress for the area is already insufficient and that adding more traffic will exacerbate the problem and make it more dangerous for pedestrians and motorists. Denney noted with the final plat approval of Hickory Trail, which includes this property, the City Council and the Commission made it clear that no further development would be allowed in the area until secondary access was provided. The site of the proposed development is zoned RM-12, which would allow up to 15 units per acre. At this density the owners could build up to 27 units, but the proposal only calls for 16 units. Using trip generation numbers, Denney pointed out that an RS-5 zoning, which is what the surround- ing area is zoned, would generate about 90 vehicle trips per day; under the present RM. 12 zoning with proposed number of units, approximately 96 vehicle trips per day would be generated by the development. , i I I i I k. I!". , , , : I . ~"" '" .> }~~~> i:r;~I, 1<'/ ~.p, -'- ~ H, PI '; r::=- 0 -.~.- (----,-,-- ),.".,'.' . . .\~ ". ,,:.. ,., '\, -, - ,- o , 'I ' ,'. j) D ; i 10, . I: ' ~1~f"J '?S' ~OF . J~.:~] \' j .', . ,t I, \1, ~ , , .~, .;. o , ", ...:: . SPECIAL FORMAL MEETING PLANNING & ZONING COMMISSION JULY 18, 1994 PAGE 2 Regarding the sidewalk into the neighborhood that runs in front of this property, Denney said changing the entrance to the property to the First Avenue side would not make much sense as this is the same sidewalk, simply around the corner. Regarding the floodplain and the question that part of the building would be below this line, Denney said a revised plat has been submitted which shows that the 100-year floodplain line is at an elevation of 699 feet above sea level, and the floor of the garage is shown to be at 701 feet, 2 feet above the floodplain level in this area. Regarding the , retaining wall and the possibility that this might contribute to an increase in flooding in the area, staff feels that the proposed wall is in compliance with all codes and requirements within a floodplain. The wall is shown to be largely outside the floodplain on the revised plat. Regarding the small bridge, or so-called "Missouri crossing" shown on the plan, which the neighbors feel blocks the flow of water and has contributed to water problems for adjacent landowners, Denney said although the bridge is not located on the site in question, Public Works has been in contact with the property owner to remove the cross- ing. Regarding stormwater and drainage in the area, Denney noted that the revised site plan shows a stormwater easement that flows from Hickory Hill Park and into the back yards of those residents on the south side of Hickory Trail. During heavy rains, there will be water in the back yards of these properties as this was how the stormwaier easement was designed. , ,J Fosse said he had been working with property owners regarding the "Missouri crossing" and the possibility of having this removed. Fosse said there are some good reasons for leaving the crossing in place. Fosse said removing the crossing would produce a lower bed, effectively producing higher banks on the upstream portion of the creek. This may have a destabilizing effect. Fosse said there had been some concern regarding the capacity of the downstream portion of the stormwater culvert and the slow movement of water. Fosse said the water flow is slow by design. The area upstream of First Avenue is within the pool of the North Branch Dam, which theoretically would stop the flow of water when the pond is full. Fosse said that water here got within a foot of overflowing the emergency spillway last year, which is about as high as Fosse would expect to see the water level at this location. Fosse said ihe easements for stormwater storage are in place to prohibit fill within the easement area, and thereby preserve the volume of storm- water the dam is designed to handle. Fosse noted it appears to be functioning properly. No property owners downstream from these stormwater pools had flooding problems last year. One property owner did have some flooding problems, but Fosse noted that this was a result of a tributary creek, not because of the stormwater pools. r \ " " ,A ':1' I" Fosse said filling of the back yards up to the easement line would prevent these sorts of water problems in the future, yet the volume would be preserved. The resident affected said elevating his property would affect other properties downstream. Fosse agreed and said this would require a coordinated effort, not something one person does solely to his property. Fosse asked if there was a by the neighbors who were present consensus to have the "Missouri crossing" removed. There appeared to be, but Fosse reminded the neighbors that it is a private structure on private property, so it is up to the property owner. Bovbjerg asked if the crossing is used. Glasgow said he does use the crossing regularly. He felt it is a historic landmark as it was the only way a local banker could get home for many, many years. , k, I I" I !( 0.-i J '~~" i~," ~i; ~ bl {(~ 0 --.>- ...- '0']',/"" . ..-' ,',J-.. - ',.' WWIlI. R~.. _ r' ~-T ... . o ',,', , ~"" ,\ , ' . Y i .;. o " . "r . " '.\J:. '. , ~, , ", ... . , ' " '",,_. :.: ~. ,"_..:: '. SPECIAL FORMAL MEETING PLANNING & ZONING COMMISSION JULY 18, 1994 PAGE 3 Starr asked if he was correct in stating that much of the property on the east side of the creek is below the floodplain, buton the west side, the property including the parking lot and garage, is above the floodplain. Fosse said yes, the west side would be two feet above the floodplain, as shown on the plan. Starr asked if there is a sidewalk on the north side of Hickory Trail. Scott said there is not a sidewalk on the north side. Bovbjerg asked if the neighbors' concerns involved the sidewalks, or the placement of the access to and from the property. Denney said there is concern regarding traffic crossing the sidewalk, as well as traffic created by construction equipment, on the only means of access into and out of the neighborhood. Denney said staff feels the access is more properly placed on Hickory Trail as opposed to First Avenue, because First Avenue is an arterial street. It is City policy to discourage entrances on arterial streets, and the amount of grading necessary to create access to the site would be less. Jakobsen asked if the neighbors had received a copy of the plans. Denney said everyone who signed the petition had received a copy of the revised site plan as well as copies of the staff response letter from him. Scott understood Councii's position was no more lots could be approved until secondary access was provided, not that no more plats could be approved. Denney said it was his understanding, as well as other members of staff, that this policy referred to plats. Scott asked if this is the last undeveloped lot. Glasgow said there are 12 more vacant lots out of an original 137 lots. Most of these vacant lots are located on the west side of First Avenue up to Rochester Avenue, but there are some vacant lots on the east side of First Avenue, north of Hickory Traii. Glasgow said the ' IQ vacant lots on both sides of First Avenue, north of Hickory Traii are zoned RS-5, whiie those on the west side of First Avenue, south of Hickory Traii are zoned RM-12. j ,L I~' \ ~ , I' ! I,' I I I , I ! i . I I " Ib ; I"'. i, II \ I \ t,) I':;, Fosse said sewer capacity problems in the area have been alleviated. Starr asked if the access drive to the site is sufficiently distant from First Avenue not to cause any problems. Denney said the access is almost 200 feet from the corner and should not cause any problems. Public discussion: . .! Tom Schulein, 811 Cyprus Court, said he is still concerned about the water situation and does not feel the questions regarding the proposed retaining wall have been adequately addressed. In regard to staff's answer that the retaining wall would be located largely outside the floodplain, Schulein questioned what "largely" referred to. Schulein also asl<ed if the residents have received the revised site plan, or if the one they had received is the original. Schulein said the tributary problem that Fosse had referred to did not exist only last year, but also in previous years, and the former owners were flooded on several occasions. Schulein said the neighbors were already concerned about the size of the culvert going under Hickory Traii and are more concerned whether it will be adequate with the new structure in place, as well as how the retaining wall will influence the whole situation. Schulein said this is the time to examine the situation carefully and to examine whether an enlarged culvert would be necessary. He felt future development on First Avenue will only exacerbate the situation. :V', ~'j :~:' " j, to Yr ?;; ~~~. Schulein stated in regard to the sidewalk access, the neighbors do have safety concerns. Schulein said a 1982 agreement between the City and Plum Grove Acres needs to be examined, The agreement calls for a sidewalk on the west side of First Avenue, which is not in place, and more importantly, pertains to the 701 foot elevation and the building , 'C'=-- ',---- ': 0 ".,IlIoIoo___ rr'"I_ - ),",',.... 1-."',.....-.. 0.' ',:, ,..,. .r",.:, >;',,'j',.,'" . ~'~I ," :,:i,. ."T:";' 15' ~d, ,,, I" L .' \ .'U~.ill.,' , ' " ['" ,-1 ,,~ , i I, , \ I ~ 'fj '~ t~ !' l ~1~1 I J~ ~. \.0. .' " i ':r:,', , " .;. " o .~, , ...", " , -,,'--' . -".-'.. '..' ~ SPECIAL FORMAL MEETING , PLANNING & ZONING COMMISSION JULY 18,1994 PAGE 4 there upon. Therefore, Schulein felt this document needed to be reviewed if it is not familiar to members of the Planning and Zoning Commission and the City staff. Fosse said the culvert for the tributary is sized for a 1 DO-year event. Fosse said Professor Dalta had the culvert sized by an independent source and the results from this study were almost identical to the figures the City had determined. Fosse said the problem experi- enced in this culvert involves the clogging of the trash rack with yard waste and debris washing down from the watershed near the culvert. Fosse said the trash rack has been removed. He felt the culvert was adequately sized, He was confident that keeping the culvert clear of yard waste and debris should alleviate much of this problem. Merle Trummel. 2725 Hickory Trail, asked where the yard waste comes from. Fosse said sticks, etc. come down the stream from the watershed, get caught in the culvert, and grass trimmings come down and form a matting over these sticks that clogs the hole. Trummel asked where the water that comes into the culvert ends up. Fosse said it goes into the north branch of Ralston Creek. Stephan T. Chase. 2619 Hickory Trail, voiced concern that the retaining wall will force water into the lower floodplain to the east. Fosse said the grading plan can ensure that this will not occur. Fosse said as long as the swale between the two properties is left in place, the east side should not be any more adversely affected. Fosse said he will try to ensure that this swale remains in place in the grading plan. Larry Schnittjer, the appli- cants engineer, said any overflow of water from the culvert on the north side of the street will flow down the driveway, out the lower corner and into the creek. Schnittjer said the garages should not hold sitting water as the garage floor is above the floodplain line, well above the typical creek level. The slope of the garages and drive is down away from the structure and toward the creek. Chase said the point is that water comes down the hill from the watershed very fast, hits the culvert and is forced straight up like a fountain, and has been known to hit the windshield of a van driving on Hickory Trail. If there are more steep slopes in the plan, this will only contribute to the problem. Datta pointed out the letter on the back of the map, from Subhash C. Jain, a Hydraulics Professor at the University of Iowa, stating the flooding is due to the inadequate capacity of the culvert under Hickory Trail. According to his research, a larger culvert is necessary to handle the amount of water the area produces. Datta said any further development will only make matters worse. Therefore, now is the time to evaluate the situation. Schulein noted that development occurring at the ACT property, which may involve a lot of pavement, and may also contribute to the problems in the area. Linda Chaseo 2619 Hickory Trail, said she and her husband live on Lot 45, next door to the development. Chase said she has asked for several years that the "Missouri crossing" be removed. Chase has been told by the City in the past that this crossing serves no purposeo Chase said this crossing contributes to the flooding problems the area has experienced. Drainage is a large factor in considering this development. Chase did not feel the factor of the crossing should be overlooked. Chase had also mentioned to the City that when it rains, water covers this crossing creating an undertow. If kids were to go down there at these times, it could be extremely unsafe, Regarding the culvert, Chase said that when the culvert is unplugged of debris, the creek drops 24 inches easily. Chase feels the culvert size is inadequate. Another factor contributing to its failure Is it is sinking into the ground. Chase felt now was a good opportunity to reexamine the drainage situation, and perhaps replace the culvert, :[.. r~". :.....-~' . . - : '''-_.~:: ',""),',',,',: o ',' " , . -,'" :,' , :,"" ~~ ... . , , ' Q : .! It 1 , ;.'. ~I" 1 I" ') t. " ,) :, ~;}' " , . ~t: 'j .~ " '" , ',' '". ' 1 ..... . " , ".........,...... -".'.p SPECIAL FORMAL MEETING PLANNING & ZONING COMMISSION JULY 18, 1994 PAGE 5 Jakobsen said that as these problems exist on private property, it really is not up to the City to resolve. Chase said the residents had attempted negotiation with the owner last year and were told that the culvert would not be replaced. Fosse said the only remaining option is to go to the City Council and seek condemnation. However, a public good must be shown for such action to take place. Fosse felt such reasoning had been shown to exist tonight. Bovbjerg asked whether a second pipe, as opposed to a larger one, could relieve the situation. Fosse said this would relieve the situation somewhat, although it would not eliminate the safety concerns. A similarly-sized pipe would develop similar problems as the original pipe. Bovbjerg asked where the openings were on Hickory Trail that lead into the culvert that cross the street. Fosse said the intakes on both sides of the street are at the low point. Chase, for clarification, said he was told by someone at the City that the culvert was designed to handle a five inch rain. Fosse said that he probably misinterpreted this, that he was probably told a five.year flood. Jakobsen asked what the process is after a Planning and Zoning Commission decision. Scott said a, Planning and Zoning Commission decision is final. Scott said if the plan is denied, it must be resubmitted through the same process. If it is approved, there will only be administrative review. Schulein reiterated that he would like the 1982 agreement reexamined if the Commissioners and staff are not familiar with it. Scott said the Commis- sion does not have the luxury of deferring this item beyond tonight's meeting. Miklo said unless the applicant is to agree to a waiver of this date, the Commission must make a decision. Glasgow declined a deferral of the proposal. It was asked whether there will be any fill of the floodplain on the site in question as a resull of some portion of the construction. Fosse said the volume of the floodplain must be maintained. If there is fill, another portion of the site must be excavated to maintain volume. [' Chuck Whitemano 845 Cyprus Court, asked how it is that the floodplain line can run through where the building is shown to be, yet staff says the entire building will be above the floodplain line. Denney said as a result of grading that will occur, the building will be raised above the floodplain line. Jakobsen added that there are no rules preventing pavement from being flooded. In fact one of the uses of floodplains is for parking lots. Whiteman said the volume of water is not going to change. He asked where this water was going to be disbursed as the contour of the land changes. Whiteman asked if this will affect water in the properties upstream and will this affect the easement line of the properties upstream. Fosse said the easement line is calculated for a fully developed area and for fill to occur up to this line. v ,> r ~ Trummel said that his lot is farther to the east, and allhough it sits outside of the floodplain as diagrammed, his lot had water on it last year. Datta said that he guesses the water on the south side of the creek was much higher than 700 feet on July 5, 1993, and was even considerably higher than this on August 9, 1993. Eleanor Trummelo 2725 Hickory Trail, asked why Glasgow is being allowed to fill in an area of the floodplain, when the rest of the residents have been told they could not do this. Scott said the developer does not intend to fill any area south of the easement line. Bovbjerg said that there may be some fill to accommodate parking spaces 6-12, but any fill in this area would need to be balanced by removal from another area, such that the water volume remains consistent. Trummel asked again why individual property owners :~ i~ ,1~"IWI" '(_0,. ,o,.J,,'" ','. " .-----. ... , Q ~tJ "" :.,", .'., ;. to,., . ~~:m" ._; I , ( ,;! ". I I I ~ , ,..___;._.c... ., \' '1 , " .;. o , :," . ...t\\i:, . .... , '~ ... . . ... .........,,-_:. . ....._--;~: ~.. .....p..~. ~...L' "",_"~,,,; ... i I I I I SPECIAL FORMAL MEETING PLANNING & ZONING COMMISSION JULY 18, 1994 PAGE 6 ;'1" ',fl.,,"; ~\ ~, .'iC'- 0 _.~ I i I , i I are not allowed to fill any of this easement, yet Glasgow is being allowed to. Scott said their requests probably did not involve removal from another area to balance the water volume. /I was asked whether the site is a water retention site, Fosse said it may have been in the past, but with the regrading of the area, it no longer is reserved for water retention. i i, Public discussion closed at 8:52 p,m, Bovbjerg asked whether the flume at the bottom of parking spaces 6-12 can be rede- signed more in a curve than a right angle, such that the water flowing down the driveway flows away and the corner does not fill up with debris, sand, etc. Bovbjergwanted to create as natural a flow as possible without gouging out the hillside. Schnittjer said the lot is tilted in this particular area to the east and is designed to flow through the flume into the drainageway as quickly as possible. Bovbjerg said this is what she was referring to and wondered whether the corner could be redesigned, such that there is a curve and the water would flow more naturally and at a slower pace. Scott said Bovbjerg has a point and he would like to see if the corner could be redesigned. Jakobsen asked what other reviews are in the process. Scott saida grading and erosion control permit is required. Staff will also administratively approve the site plan, construction plans and floodplain development permit. fi\ \.:J MOTION: Bovbjerg moved to approve an application submitted by Jim Glasgow for the site plan approval of Hickory Trail Condominiums, a 16-unit, 1.83 acre develop- ment located at the Intersection of First Avenue and Hickory Trail, subject to a) redesign of the existing flume In the southwest corner of the exterior parking area, and b) in no way is additional unused density of this lot transferable to any other portion of this lot or other lots In the area until secondary access is provided, Starr seconded, Schulein said he would still like the 1982 agreement examinedo Holecek said that if any portion of that agreement is violated in this plat, this motion would be voided. Scott asked if it would be acceptable to the maker and seconder of the motion to add the 1982 agreement. Bovbjerg and Starr agreedo I.! The motion was amended to Include: c) City staff examination of the 1982 agree- ment between Plum Grove Acres and the City of Iowa City, Bovbjerg asked what would happen if any portion of the motion was found to be inconsis- tent with the site plan. Scott said that as the agreement is a legal agreement, any portion of the legal agreement was found inconsistent with any action taken here tonight would take precedence over Planning and Zoning Commission action. The site development would be held subject to that agreement until the problems with it are resolved. Scott said this would not nullify Planning and Zoning Commission action and make the process start over again. It would only put the plan on hold until it ",,,as found in compliance with the 1982 agreement. Schnittjer asked that the amended 1982 agreement, as well as the subsequent agree- ments dated June 24, 1982, and July 14, 1982, that are on file at the Johnson County Recorder's Office, and any subsequent agreements from these dates forward also be 'T ,)','","',""""",';"" I:" .... 11.' ...;' .:'.'< . "'~ 7 , --.., ,..,.'1''' , ,/5' 10.. . \,...., . ~ ",0",' "'~,~~;~<:,~:":~ -"r", ~, " : ! . ! '" , I : , ! ,; i ,~ k" ~ \ \ ~ I " r I I I ~ I i , I I I I I I I fl, t l ~ ',fii ,:l,?,,~ 0 , 'l.... '._...,....., '''''''^,''''''''_'''~'''M'"''''''_'''''_'~:'_'-'~'''''I', " I, I I I .. .,...., . I,.. , .. . "'?~1'~:~';1 ,';", " : ".' ,'y :." , .....;'.', '.'. . '. ,.,.._~------.._--,-~~-,.__.+. .,,; ~.-.' ..... SPECIAL FORMAL MEETING PLANNING & ZONING COMMISSION JULY 18, 1994 PAGE 7 reviewedo Scott asked if it would be acceptable to the maker and seconder of the motion to add these comments, Bovbjerg and Starr agreed to the modifications. The motion was amended to add: as well as the amended 1982 agreements dated June 24,1982, and July 14, 1982, that are on file at the Johnson County Recorder's Office, and any subsequent agreements from these dates forward. Jakobsen said she sympathized with the neighbors as she too had lived along Ralston Creek for some time. But from a planning point of view, some of the issues discussed by the neighbors do not pertain to this particular site, therefore, she would vote to approve the site plan. Jakobsen said at the same time she wanted staff to be very aware of the other problems in the area and she hoped staff will work on these. The final amended motion read as follows: MOTION: Bovbjerg moved to approve an application submitted by Jim Glasgow for the site plan approval of Hickory Trail Condominiums, a 16-unit, 1.83 acre develop. ment located at the intersection of First Avenue and Hickory Trail, subject to a) redesign of the existing flume in the southwest corner of the exterior parking area, and b) in no way is additional unused density of this lot transferable to any' other portion of this lot or other lots in the area until secondary access is provided, and c) City staff examination ofthe 1982 agreement between Plum Grove Acres, Inc. and the City of Iowa City, as well as the amended agreements dated June 24, 1982, and July 14, 1982, between said parties that are on file in the Johnson County Record. er's Office, and any subsequent agreements from these dates forward. Starr seconded, The motion carried on a vote of 4.0, ADJOURNMENT: Jakobsen moved to adjourn the formal portion of the meeting at 9:07. 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'''\1 , '~ .;. o '.' , ". ... . . :: . ,\~'\ ' 1,J)\j " ) MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 1, 1994.7:30 PM CIVIC CENTER COUNCIL CHAMBERS ;.,~~ J/, ,...: ~,1 11... .r,.~ r'4 I, ;t,"", , ~~... ^ I::,,,,,,.>~~~~,.'? '" ~ ' ' ~!.!!lj uuuJiJr.'i'::" II ....,Joel · '" U J to /hl'l." "1~1 \I VaJ MEMBERS PRESENT: Ann Bovbjerg, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom Scott, George Starr MEMBERS ABSENT: Pete Cooper STAFF PRESENT: Holecek, Miklo, Rockwell, Haring RECOMMENDATIONS TO COUNCIL: ' 1. Recommend approval, by a vote of 6-0, the amendments to the Zoning Ordinance to allow crematoriums as an accessory use when associated with funeral homes, with the definition of a funeral home being, "An establishment with facilities for the preparation of the deceased for burial, for the viewing of the deceased and for conducting funerals. Funeral homes may include crematoriums as an accessory use subject to compliance with any state or federal regulation." 2. Recommend approval, by a vote of 6-0, the 28(E) Agreement Between the City of Coralville and the City of Iowa City Providing for Future Annexations and Extraterritorial Review of Subdivision Plats. r " J: r-',\ \ \ '~ ,~ ,~,(,,~ I '. ~ 3. Recommend approval, by a vote of 6-0, REZ94-0009, an application submitted by Dennis Aussenhus on behalf of Hy-Vee Foods, Inc. to rezone a 5.52 acre parcel located immedi- ately across from Stevens Drive east of Waterfront Drive from CI-1, Intensive Commercial, to CC-2, Community Commercial, subject to a Conditional Zoning Agreement addressing 1) Waterfront Drive will be reconfigured and Stevens Drive will be extended across the railroad to provide access to the property from the west. The applicant will be responsible for the cost of the Stevens Drive railroad crossing. 2) the Director of Planning and Community Development will approve a concept plan for site layout and landscaping; including driveway locations, landscape, islands, and plantings for the separation of the loading dock/service area from any public or employee parking areas; 3) the applicant will be responsible for the relocation of the sanitary sewer line which currently crosses this property; and 4) the applicant will contribute to the cost of improving Waterfront Drive to the south of the site, at either 50% of the total cost, or $60,000, whichever is less. 4. Recommend approval, by a vote of 5-1, with Jakobsen voting in the negative, ANN94- 0006, an application submitted by Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., to annex the 1.02 acre tract located at the north terminus of Scott Park Drive. " 5. Recommend approval, by a vote of 5-1, with Jakobsen voting in the negative, REZ94. 00110 an application submitted by Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., to rezone the property located at the north terminus of Scott Park Drive from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential, subject to 1) the developer agreeing to pay all of the costs associated with providing infrastruc- ture for development of the subject tract, including, but not limited to the extension of Scott Park Drive, and the six inch water line to the north boundary of the subject tract, and the connection of the sanitary sewer line to the south, 2) approval of the construction plans for these improvements by the City Public Works Department, 3) construction of these improvements consistent with specifications for Scott Boulevard East, Part Two, and acceptance of the improvements by the City, and 4) a plat of survey being executed and " ~, il" , , ~,) ~yt (~~' " ~,t~.i :"tiJ."i -'- ~1~~1 "" "I" )5 ' C"' 1~ \ ~---- -_.~- ',0',),; ! I I ~ , .! I I I 10, -(c~. ~~-_.. .!7~::,~1 , ( ,- \ ~~ ,~ ,:-<? I I' I I I , , '{ , I , , I , , : I , '~~ ~~j1 L.. ~1~1 ?s 10; \ ; , .', . .t ',~j,. .;. o , " , . , . ,: '~, Planning & Zoning Commission September 1, 1994 Page 2 recorded upon conveyance of the subject 1.02 acre tract, or a portion thereof, to new ownership. 6. Recommend approval, by a vote of 6-0, SUB94-Q012, an application submitted by Breese Company and James O'Brien for final plat approval of Longfellow Manor, a 7.64 acre, 20 lot residential subdivision located on the south side of the 1300 block of Sheridan Avenue, , subject to: 1) approval of the legal papers by the City Attorney's office prior to Council consideration of the final plat, 2) placement of a note on the final plat and incorporation of language into the subdivider's agreement permitting use of the private drive for mainte- , nance vehicles, pedestrians and bicyclists, and 3) appropriate grading and seeding of Outlot 1 prior to City acceptance of the public open space. CALL TO ORDER: Chairman Scott called the formal meeting of the Planning and Zoning Commission to order at 7:34 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CODE AMENDMENT ITEMS 1. Public discussion of amendments to the Subdivision Regulations and to the OPDH section of the Zoning Ordinance to require dedication of land or payment of fees in lieu of land for neighborhood open space. Casey Cook, a member of the Neighborhood Open Space Committee and a former member of the Planning and Zoning Commission, thanked the Planning and Zoning Commission for the helpful comments received at Monday night's informal Planning and Zoning Commission meeting. The Comprehensive Plan was amended on July 20, 1993, to include the neighborhood open space plan, and the ordinance amendments being examined tonight are proposed as the vehicle which implements the plan already ap- proved. The ordinance must do at least four things. The first is to foster park growth which is consistent with growth in housing stock. Second, the ordinance is structured in such a way that those who pay will benefit. Third, the ordinance must be legally defensi- ble. Fourth, this new ordinance must not unnecessarily burden the development process in terms of time delay and/or cost. Dee Vanderhoef, a member of the Neighborhood Open Space Committee and of the Parks and Recreation Commission, said the purpose of the ordinance is to ensure the provision of adequate usable neighborhood open space, that is, parks and recreational open space, in a manner consistent with the neighborhood open space plan, and to equitably apportion the cost of acquiring and/or developing these lands for these purpos- es. The proposed code amendments are primarily intended to provide usable neighbor- hood open space, but is also intended to encourage the dedication of sensitive areas in conjunction with usable open spaces. The subdivider shall dedicate the land, pay a fee in lieu of land, or a combination of these at the option of the City. The land dedication amount, at this point, Is three acres per thousand persons. The Committee felt that 90% of the dedicated land should be usable open space. This means it shall be outside of tlie floodways, bodies of water, areas with slopes greater than 15%, wetlands that are already -- ~~_ :L .. - -,. . · 0 ,);,' ... . I, ~Ibl I is " B1~ I. \" , .', . .,1\ j" . ,\ . ~\ .' o ,~. , "'..,. . .~.I. :.. . Planning & Zoning Commission September 1, 1994 Page 3 subject to state or federal jurisdiction, and any other areas that the City deems unsuitable for neighborhood open space. Vanderhoef said, the City is also interested in encouraging the dedication of environmentally sensitive lands, which could fulfill the remaining 10% of the land area required to be dedicated. Vanderhoef noted the criteria for the lands to be dedicated, including usability, size, shape and location. She noted procedures for the dedication of land are spelled out in the ordi- nance, and are part of the preliminary plat procedure or the PDH plan procedure. The Commissions will submit recommendations to the City Council. The amount of the pay- ments for fees in lieu of land dedication will be determined on the raw land vi\l!le. Re- garding use of the funds, all payments in lieu of dedication shall be deposited in a special fund designated as the neighborhood open space fund. All payments will be used to acquire and/or develop open spaces, parks, recreation facilities and greenway trails, which will benefit the residents of the subdivision making the payment. The City must use the payment in lieu of dedication within five years of the date of receipt; this period shall be automatically extended an additional five years if the subdivider has not constructed 50% of the units in the subdivision making the payment in lieu of dedication. If the City has not spent the money at that time, the funds will be pro-rated back to the property owners if the property owners request their money back from the City. The Neighborhood Open Space ordinance to be included as part of the ,Planned Housing Development Overlay Zone is nearly identical to the one proposed to follow the Subdivision Regulations portion of the City Code. Cook said the formula was developed after review of over a dozen cities with similar ordinances which have withstood the test of time. One of the key elements of the formula is the number of acres of active open space that are required. The basic ratio used to achieve this is three acres of active open space per 1,000 people. Right now the ratio in Iowa City, if Hickory Hill Park is not included, is about six acres per person. The idea is to generate the number of required acres, based on the number of people who are going to use the open space. This is dependent on the density of a subdivision. Cook then explained how the formula would work. ( Cook said the criticism of the plan he has heard, is that the formula will deny affordable housing to those wishing to settle in Iowa City. Cook felt it was helpful to look at the costs per lot for open space, which generally turn out to be well under $100 per lot n although this varies by density. When the cost is amortized over the typical twenty to twenty-five year loan, it literally comes down to pennies per day per person for the open space. Cook said another primary criticism of the plan, however, is that the City may not be getting enough money. The Committee does feel this starting amount is what the City can defend; that it is equitableo Another criticism is that this ordinance will create more red tape and that development will be driven out of Iowa City as a result. Cook said it is his opinion that a high quality of life is what fosters growth and development, and not visa- versa. He said a healthy growing park system will attract economic development and not discourage it. The Committee was formed initially for one simple reason; the City's parks were not developing at the same rate as the City. As long as development fails to provide new parks and open space, it will put increasing burdens on our existing system and erode our quality of life. Cook said Committee urged the approval of the ordinance. Dierks wished to point out that it would be at the City's discretion as to which approach will be taken, although a developer can request a preference. Gibson said one of the problems with the price per lot as established now, at price of the raw land, is that the r' , ~ i~ ,~, " t :c-o~~_____ ...~~ n_ . -- ,0 ,'l>' ,'" ~ ... . o , .j , ~d, " , :~~ . r\ r , r. ,--\ -', I , \ \ ,~ ,,'-, " , I ! I I I i : 1:' , I'. I ,I \ I ~t,,), ,... " , Ii I " Ij';~, ,;, ~. "j,1N, "'I'" !" ~;:-: l,.. ,(~"~ ., " l " .;. . ". . -\ ".~ t. ': ',' , '" ... . " , ", . .- .... ..... -.. '- ' ~ ~ _. . . Planning & Zoning Commission September 1, 1994 Page 4 cost that will be transferred to the new owner of the lot will be the price of the developed land. Gibson was not sure that the transition in the difference in the price of the land can be made. Cook said developed land is land with the streets, sewers, and all the infra- structure in place, and the cost per acre will be determined on undeveloped land. Gibson understood this, but said the owner of the lot within a subdivision will be paying based on the price of developed land. Gibson had some question regarding Fair Market Value (FMV) and how this was arrived at, especially, as it is typical of the City to vastly underval- ue a property and sell its land at less than the FMV price. Gibson said he is clear that the price in the ordinance is based on undeveloped land, but he questioned how this price goes about being set as the FMV is based on its developable value. Gibson said although he is in favor of the entire ordinance, there is still a structural problem in that the City may wish to acquire land above the amounl'lhat will be required by the formula. Gibson said there is a way to deal with both of these problems. One is to authorize or permit the City to buy land in the development, in excess of what is provided by the formula. Second, if it were able to do so at the appraised value, this would be a very good way of determining if the land is appropriately priced, because the City would be free to buy land at that price, or reject it and take money at that price. Gibson said this would solve the structural problem of how to aggregate the land to form a parcel that is adequate for a reasonably manageable park. Gibson feels this not handled adequately by the ordinance as it presently stands. Cook requested some staff assistance as to how this can be reasonably achieved. " Gibson also had a concern regarding some structural problems associated with the use of the funds, apportioned in terms of whether or not the funds are expended, or what kind of fund these are placed into, and whether the funds are mingled or co-mingled. Rockwell said the Neighborhood Open Space Committee would be meeting next Thursday at 11 :30 a.m., to go over the comments received on the proposed ordinance. At that time staff will be presenting some of the changes for the Committee's consideration. The Committee's recommendations will be forwarded to the Planning and Zoning Commission for its meetings of September 12 & 15, 1994. Gibson said then on page three, under (d), number (2), second line, he would like to see the word "reques\ing" changed to proposinQ. I.! Scott said also discussed at Monday's meeting was the possible greater utilization of some of the dry bottom stormwater retention basins, as well as some of the linear dry creek areas.' Scott said section C(2)(a) also had some language that was to be forwarded on to the Committee. Rockwell said the language proposed in effect gives lithe option to use dry bottom stormwater retention basins, as well as some of the linear dry creek areas, to fulfill the open space requirement, if those areas are deemed suitable. Scott said it was his opinion that if it is not expressly stated that these may be utilized, they will be exclud- ed. Scott also asked whether the criteria on page three, which are to be used by Council to reach a recommendation, are the same criteria to be used by the various Commissions to reach their recommendations. Cook said these are the same criteria. Gibson asked about the use of trails and how these are to be designated. Cook said trails are to be considered part of the active, usable open space. If the Commission is not satisfied that the ordinance says this, then language should be proposed to cover this. Scott said the utilization of the linear creeks or linear drybottom stormwater retention basins would be an awfully good utilization of trails and greenways to connect not only subdivisions, but also to connect park land. It was asked by Scott, with no disagreement . --'-'11""""_._ 11. III M ", . '- 0,,)'..',.,':.::, '~:::-' , ~'~1 '~l): ~d', ..... , .., '"r. I' 2JJ.r&.~' , .1 r \ .', ".>.\ v-, I!, ! I I I I ! l- i I' I, i i , I 1\ ~ P "~~' '~ 1',;' m ri~ " ~ 'C-.o ~"? "I"" , ,('5 ' " ;", f "I "I" . '~ . '~' ~ '-. ,. , ...... Planning & Zoning Commission September 1, 1994 Page 5 by the Commission, that staff examine some language that would expressly state this in the ordinance. Public discussion: Jeff Schmerlinqo 4295 Sycamore Street, asked if the City presently has about 6 acres of open space per thousand residents, why the ordinance is asking for roughly half this amount, and how does this compare with other progressive areas within the country. Rockwell said when talking about parks there are different types to consider. Some serve regional needs, and some serve recreational needs, but what this ordinance is concerned with is neighborhood open space for serving only the neighborhood; to ensure this' neighborhood open space is acquired as the City develops, Bovbjerg said the six acre figure to which Cook had referred to included City Park and soccer fields. Rockwell said community parks, and sports complexes may still be developed in addition to the neigh- borhood open spaces. Scott said in the past the Parks and Recreation Commission and the Planning and Zoning Commission have had some differences of opinion between the definition of active, as opposed to passive open space. He thought the new definition resolved many of these problems. Bruce Glasqow. 834 North Johnson Streeto said there is a flaw in thinking of what each lot is going to cost, because if there is going to be a three acre tract of land within a subdivision, there is going to be improved land all around it. Glasgow said this three acres will cost the developer the loss of about seven lots, and at $40,000 each, this results in a loss of $280,000. This concern needs to be integrated into the formula, unless the City wants a developer to dedicate a worthless, secluded piece of land with only a 50 foot right of way for it. Glasgow said he knows Iowa City better than this, and the City will want the best land in the subdivision, and this will cause some conflict. Glasgow submitted a letter dated September 1, 1994, regarding the use of taxpayers money to support additional park and tree maintenance in Iowa City. Glasgow said it may cost $1,000 to have a baby born, but $200,000 before that baby gets out of college. Glasgow asked whether we should consider an ordinance which will add hundreds of new acres for the City to maintain, when the City cannot maintain the property that it now has. Glasgow said the bottom line is we do not need this park land acquisition ordinance when we do not have the money to care for what is now 'owned by the City. He said the tax payers are ready to revolt. Glasgow said Cook has mentioned that this extra cost will not be sufficient to cause people to leave the City. Glasgow said people have been leaving for the last three or four years, and do not want to put up with any more of the games that go into buying a lot and building a house in Iowa City. Richard R. Rhodeso 2014 Rochester Avenue, said he strongly supports the draft, the only problem is that it only asks for 3 acres per 1,000 people. Rhodes said he is largely in agreement with Gibson's comments regarding the valuation of the land, but asked in what order the funds are to be spent or distributed, "Iast.in.first.out" or "first.in.first.out", as this largely determines which funds are returned to property owners. Bovbjerg asked legal for clarificationo Holecek said that if examined in terms of a watershed this will direct where and when funds are to be spent. Bovbjerg said if the funds were to be used within a watershed, there would will be no chance of the funds roiling into other accounts. Holecek said this is correct. Dierks asked whether it would be terribly difficult to allocate the funds ;.',.,,;'...... - -=~-] " , ,,0")";:'> I .' '. .. '.' . :'~',~ ' , ' , ' . '" ... . " , , (;I f,;J , -1 I'D, ".'''' " . ;..~~~~: ,\ I', .;. . "t ""'\1' . " ",'\,. " , ~.... :, ... . . , " ...... .'0' ',-'A..............._._. . ; Planning & Zoning Commission September 1, 1994 Page 6 to a particular subdivision within a larger subdivision, for example, Village Green, Part XIII, to have exact determinations. Rllckwell said that is done fairly routinely by the accounting department. Holecek added this will be a requirement for making the ordinance legally defensible. Larrv Schnittier. 1917 South Gilbert Street, said that regarding the price of the land to be purchased above the amount dedicated the price of land varies according to its location and amenities, He also feared the City will request the highest valued land. He wondered how it will be possible to skirt around this additional land, and not have infrastructure put in for the rest of the subdivision. Schnittjer said so far some developers have been more than willing to dedicate their land equivalent, and most have been willing to give their land equivalent in cash, because they can see that this value is significantly less than the potential of developed land. Not everyone would be willing to do this, and even the Windsor Ridge development would probably not meet the requirements of this code due to the shape of the open spaces as these are Iinearo Schnittjer feels a better way to handle this is a three step process. One, is determine the needs. Secondly, establish a mechanism for operational maintenance. And thirdly, select potential purchase areas, or establish a mechanism for the purchase and improvements. Schnittjer said one way to determine the land the City may be interested in for open space is with a plan similar to the Comprehensive Plan and the CN.1 zone, and use floating green dots for park space. This way the subdivider has an indication of where land may exist that the City may be interested in well up front. Schnittjer also feared the ordinance would add additional time to the subdivision review process. ....-.. " \" (~} ~ ~n 'I '~ Ii I I I I I i I i I i b j I ! ~ ~,', ',WI' l"'t'~ ~\~ ......., Gibson said he does not feel there is anything in the ordinance that suggests the land will be purchased at the average value of the land. Schnittjer said there is some discussion that the City should be able to buy the additional land at the same price the subdivider paid. He does not feel this is now stated clearly in the ordinance. Gibson agreed it is not fair for the City to impose any additional requirements at the end of the development process. Public discussion closed. , '! MOTION: Dierks moved to defer discussion of the neighborhood open space amendments to the Subdivision Regulations and to the OPDH section of the Zoning Ordinance, until the September 15, 1994, meeting of the Planning and Zoning Commission. Gibson seconded. The motion carried on a vote of 6-0. 2. Public discussion of amendments to the Zoning Ordinance to allow crematoriums as an accessory use when associated with funeral homes. Miklo said this request was received by both the George L. Gay Funeral Home and Lensing Funeral Services. The Zoning Ordinance is currently silent on crematoriums. Staff research indicates that modern crematorium equipment has very few, if any, negative impacts on adjacent properties. Staff research also ind,icates that many codes and zoning ordinances include these uses along with funeral homes. The City code currently allows funeral homes as a special exception within the CO-1, RIO, and RM-12 zones. Staff has drafted language that would allow crematoriums as accessory uses associated with ~"-~'::="""'"''''','''''''''''''':":;;''~~'''''''''''..,...'.iT'. ,- -'-r"'-- ,[ OHH~_n'____~' i' ~11~=~' ,0, '),.',;,i, ','," :",:.. '.:-:;(:' : " ~/~7 , . ,.." "TUn '",'5 fI, \:' ft'" 8 O. . ""1'- ".' _,"..__.,' 'd'" ,,.., ,!Jll.i;,l 1"0.:':' ,," " I (' ~ ,~ v, I' I I I It ~, J ~ I,~'i W "i i:'" !,I?, ,'=-' 0 .\\... r, " ,',...,'~" ',",' "....,-,'..,.."'-"'-..--,'..- "'I, I I .. '.' '., :',,: ',,' , . ,',' ~t' t:"\j" ','h:. ',' '.;. .... ,'-, , , '~... "". . . .,' , . .,' . . "',., " .. .. " _~: .,;'.._.. ._,_._~ ~_L_~,~~:~~':~~_ ~._, _H";;~_.....:._:..:..:._...; '.._ .. __.~.....-~....,' _'",. C.'' Planning & Zoning Commission September 1, 1994 Page 7 funeral homes, and based on discussions at Monday nights informal meeting staff has added additional language, subject to any state and federal regulations. Staff recom- mends approval of the addition of this definition to the Zoning Ordinance. Public discussion: There was none. Public discussion closed.' MOTION: Bovbjerg moved to approve the amendments to'the Zoning Ordinance to allow crematoriums as an accessory use when associated with funeral homes, with the definition of a funeral home being, "An establishment with facilities for the preparation of the deceased for burial, for the viewing of the deceased and for conducting funerals, Funeral homes may include crematoriums as an accessory use subject to compliance with any state or federal regulation." Gibson seconded. Scott said this item has been on the Commission pending list for about three years and thanked staff for their attention to the resolution of the item. Jakobsen seconded these comments. The motion carried on a vote of 6.0. JCCOG ITEM: 1. Public discussion of the reestablishment of the Coralville/Iowa City Annexation Agreement. Miklo said that the State statute provides for the review of subdivisions within two miles of a city limit, and also specifies that when two cities are near one another or adjacent within that two mile territory, that those cities can enter Into an agreement on who reviews those subdivisionso In the event that there is no agreement, the city that is closest to the subdivision has review authority. This agreement would provide for joint review of two areas that are of interest to both Iowa City and Coralville. The agreement will also specify that Iowa City has sole authority over two areas that were previously in question, one in the area of Dubuque Street and the Iowa River, the other on the west side of the city. There are two areas that would be under review solely by the City of Coralville, as these can be more easily sewered by Coralville, Staff recommends that the agreement be forwarded with the recommendation of approval. Bovbjerg asked how this agreement differs from the present agreement. Miklo said there currently is not an agreement between Iowa City and Coralville as the previous agreement expired in 1986. Public discussion: There was none. Public discussion closed. "..::1;1 'J 1jdJ::.~.a.l 1,"','.....,"",..".""...,..,,' " ,,'-";'\,1,.," ." L~-' .','i;(;,:,-::'.' '.\,: ,'.~' ,t'::;:' ;'-' . ';. u. ,,~ -,~.-T ,,0; -', ... ~ ~'t,7 "".""'..r" ,is ,"," , . . ~ , i i 'I @ I. I I \'. , ".."8' .,..", , JO):, '. ....,'....,.,!.... 2mlDl .. , .;. o "r '\\1.", , , ',' , . .~.. ... . , ~ ~,: Planning & Zoning Commission September 1, 1994 Page 8 MOTION: Dierks moved to recommend approval of the 28(E) Agreement Between the City of Coralville and the City of Iowa City Providing for Future Annexations and Extraterritorial Review of Subdivision Plats, Jakobsen seconded, The motion carried on a vote of 6-0. ANNEXATION/REZONING ITEMS: 1. ANN94-0007o REZ94-0012. Public discussion of an application submitted by the City of Iowa City and Robert and Erma Wolf to annex an approximate 80 acre parcel located southeast of Sycamore Street, east of Pleasant Valley Golf Course and rezone the property from County RS, Suburban Residential, to RFBH, Factory-Built Housing Residen- tial. Rockwell said this application involves a public-private venture that is intended to provide over 300 affordable housing units in Iowa City, and to create a north access to the soccer fields which will be located at the south wastewater treatment facility site. In evaluating this proposal, staff examined the Comprehensive Plan language regarding voluntary annexation, and whether ordinances governing zoning and development were adequate to deal with any unusual conditions on the land. The hydric soils and the slight potential for a wetland on this property can be handled through the ordinances that the City has, and through referral for verification of any wetlands on this property by the Corps of Engineers. Because of the presence of predominantly sandy soils, manufactured housing which does not feature basements, would be a suitable residential structure for this site. : , i Rockwell said storm water basins can be sited on the northeast, and in the west central area of the property within existing drainageways and wet depressional areas, which can be used to promote wetland habitat, and thereby detain and cleanse runoff from the northeast portion of the site before it enters the lower portion of the Snyder Creek Bot- toms. If jurisdictional wetlands exist on the site, measures, including appropriate site design, will need to be undertaken to meet federal and state requirements for wetland protection, mitigation, and/or compensation. Staff has also been informed that there are some highly erodible slopes on the site, these are few, but the grading/erosion control process will need to pay particular attention to these areas. In terms of sewer capacity, there is no question that it is available. Rockwell stated one of the other prongs in looking at an annexation is to see whether it will serve a particular community need, and in this case there are two community needs that the annexation and rezoning would address: one is the affordable housing element. 'A principal strategy of the Iowa City FY94-98 Comprehensive Housing Affordability Strategy (CHAS) Plan is to expand the stock of affordable housing. Because of the extremely tight housing market in Iowa City, new construction of affordable rental units is key to this strategy. Replacement and relocation of flood-damaged manufactured housing has been particularly targeted by the City to fulfill the CHAS strategy. The site was selected for its size, price, availability, and physical characteristics. The City is proposing to allocate almost $400,000 in flood monies to support acquisition and development of the Langenberg property. In exchange, 116 of the 330-340 lots would be designated for use in the HUD Fair Market Rent program for a period of 15-20 years. The proposed manufactured housing development will facilitate residential assistance to people who are presently residing in mobile homes located in the floodplain, and wish to relocate, Rockwell emphasized that the development will not be limited to those who reside in floodplains, but that this is the primary intent of the acquisi- tion of this property. Also, although all of the residential development on this tract will be i .i , r ,,\ (-.'\ \1 ~ ,~ '."'Y~'1 , I ! I i" I I , '(., : r':'. , , , I : i I ,'1 I~'.' :,' :', " l~ [!r. {ttjL, " :~ 'i8~. 'C'~~~'-----~', ~- ,- - 0,) ~I~t ' 101 -. . ~~i:c'JI' , l'l '.. .-l\\!:. .;. o '.' ,.,.' ~ '. . " , ..... ".-' Planning & Zoning Commission September 1, 1994 Page 9 considered affordable housing, a minimum of 116 units will be guaranteed rental assis- tance. Rockwell stated another reason for the annexation was to extend Sycamore Street south to the wastewater treatment site and to the future soccer field complex. Part of this is the responsibility to get the road in to serve the soccer complex, but another part is the Conditional Zoning Agreement (CZA) the City has with Johnson County, in regard to the wastewater treatment facility site and having access to the north from that site. Rockwell said part of what will need to be looked at in terms of City services to the site, such as transit service. Another tYpe of service will be adequate school space, and Rockwell noted that the Conditional Zoning Agreement (CZA) for the Sycamore Farms development, which is located east of this site, provides for the reservation of a 15-acre school site, if the Iowa City School Board decides to exercise this option. Rockwell stated the rezoning is consistent with Comprehensive Plan growth policies for this area. Rockwell said when one thinks of manufactured housing, the image often conjectured is a very dense development, however, this particular development will result in approximately 4.25 dwelling units per acre, which is just a little more than would be expected in the single-family, RS-5 zone. Staff recommended there be vegetative screen- ing along the west boundaries of this site, and as mentioned at Monday night's informal meeting, this buffer should be included along the north side of the site as well. The neighborhood open space required for this site under the adopted Comprehensive Plan policy would be 2.4 acres. Ideally, the open space area should conform to the criteria set forth in the proposed neighborhood open space ordinance, and pedestrian access to the east and south be ensured. ( J r~' Staff recommended that the annexation be approved, and that the rezoning be approved, subject to 1) approval of the annexation by the City Development Board, 2) verification by the U.S. Army Corps of Engineers as to whether jurisdictional wetlands exist on the site, 3) approval of a stormwater management plan and grading/erosion control plan by the City Public Works Department that assures mitigation of runoff and/or siltation dis- charge from the site to the Snyder Creek Bottoms, 4) incorporation of appropriate open space for future residential development, and 5) design and implementation of a land- scaping plan for the site with special emphasis on vegetative screening along the west and north boundaries of the site. \ , " , ,...-:'/ '....f I', . Dierks said that when Sycamore Farms was examined, all the determinations as to jurisdictional wetlands, etc., were made before the preliminary plan was brought forward, and asked why this proposal differs in this respect. Rockwell said the Sycamore Farms request for annexation and rezoning came in long before there was any determination as to jurisdictional wetlands. Miklo added that in terms of the CZA with Sycamore Farms, there had not been an actual Corps determination on jurisdictional wetlands, but rather a private consultant's determination, Dierks said the Commission, however, has not yet seen anything that resembles a determination and would like to see a determination made. Rockwell said staff has been in contact with the Soil Conservation Service, and their records show no wetlands on the site. Dierks said she assumed these determi- nations will be made before she is expected to vote on the site. , , i , . I , I ~. II i, I \l.. \'.~ It'~ ~~ l"(~o ~.~. _' "' Bovbjerg seconded the comments of Dierks and felt perhaps the City should not rush into doing something with land that is as fragile as this land appears to be. Rockwell said the ~ - , '0<')',',.'.., ... ': - .:., "J' , '. I, ~. . ~I~l T Ie:. .. ~) A,', V : ~ '~'d. ~I "~I r IS' ,,' .~~l' i'i "r' " / ~\ '~ .;. o .' , , '. . -" '.-~.'.- :.. - Planning & Zoning Commission September 1, 1994 Page 10 characteristics of this land indicate that it is much less fragile than the land on which the Sycamore Farms development will be situatedo Rockwell said according to the Sensitive Areas Inventory Map, there are hydric soils on the site and there is an indication of the edge of a wetland there. Staff was advised .by the Environmental Technical Advisory Committee that this would be a very good site for having stormwater management basins where water can collect, be held, and then released slowly to enhance wetland habitat. Dierks said she feels very uncomfortable having required annexations in the past, Syca- more Farms for example, to set aside such large singular pieces for possibl,e school sites, when others expect to be annexed with absolutely no provision for this. Marianne Milk- man said the City does not have any kind of impact requirement as far as schools are concerned. She noted this is negotiated on a case by case basis. Milkman presented a chart prepared by the Department of Housing and Urban Development (HUD), which show income guidelines for housing assistant. Milkman pointed out that these figures are the highest in the state. Gibson said that he feels the table is incorrect as a direct correlation between the number of persons in a household and the household income defies logic. Bovbjerg said it is her understanding that the table represents not what the household income is, but what it would cost to support a household of the sizes depicted. Public discussion: ( \ Mike Gatens, 2045 Dubuque Road, said that he owns six lots in the McColla Subdivision, directly north of the proposed site. Gatens said he supports the Sycamore Farms site, and said that it is nice in that it borders a very nice property that is Tom Alberhasky's mobile home park. Gatens said this project would do the exact same thing as the Alberhasky proposal should the free enterprise system be given a chance to work. Gatens said he does not understand why the City is involved in the development busi- ness, and feels the site would develop regardless of the City's involvement. Gatens said the Pleasant Valley Golf Course is a wonderful addition to the City and does not need mobile homes next to it. Gatens felt that the Langenberg tract is appropriate for single family housing, somewhere in the area of the $80,000 to $170,000 range. Gatens also felt a cluster development may be appropriate. Gatens feels this tract would be spot zoning as this would not be contiguous with the surrounding development. Aleda Feuerbach. 2247 Cae Drive, representative of Pleasant Valley Nursery and Golf Course, feels that this is a development that they are not real anxious to see. Feuerbach said they have taken 170 acres and made them quite pleasing. Feuerbach asked whether this proposal'is absolutely necessary, as Sycamore Farms has just gone through a, number of hoops and hurdles to be approved, and now the City goes into direct competi- tion with them. Feuerbach said that the minimal 75-foot buffer zone is inadequate. Feuerbach said policing will also be a problem, and asked who's jurisdiction it will be when kids will come over into their property looking for entertainment, which is County property. Feuerbach also feels that putting all the concrete slabs in the development will cause storm water to run off onto their property, as the Langenberg tract sits on a higher gradeo I~ f'..... , i ,. ! I I ; I , l II I: , I , ; \1 'l ~, J "~ :f (:, L Rita Krause. 4303 Daniel Placeo SE, said she is the President of the McCotta Neighbor- hood Association this year. Krause said that most residents moved out to the area for its beauty and rural character, appreciate the golf course, and would be sorry to see a mobile home park in the area. Krause pointed out that there are about 25 residents of the subdivision present, and that on one quick sweep of the neighborhood she collected 43 :G ..-- ~"==JU _ ~__ ~~ 0, 'l';"" .,,' :.,:,':-,:' ... . C> : .1 In: ~ " ", " I .;. o '.~t\. I ,- .", " . ,~, " , '. ... . . " , ':.'- '.. Planning & Zoning Commission September 1, 1994 Page 11 signatures on a petition. Krause asked whether another mobile home park is really needed in the area. Krause also questioned the safety of the roads to the area, as they presently have no shoulders and poor visibility. Krause asked whether the improvements will also include Sycamore Street, south of the current City limits, and whether these improvements intend to include sidewalks, curbing, and a possible signal at the corner of Sycamore Street. Krause questioned whether fire assistance will be added to the area as the death rate in mobile homes is 2.4 deaths per 100 fire calls, as opposed to the general.8 deaths per 100 fire calls. Likewise, over 50% of tornado deaths in Iowa occur in mobile home courts. Krause said crime is also is a big issue, as scanning the Iowa City Police reports, the number of calls to low-income housing areas far exceeds that to private home areas, and again asked'who would police this as it is surrounded by County land. Krause also questioned the effect of 330 mobile homes on concrete slabs on the environment, and said she would like to see some data as to whether the storm water basins will be ade- quate at removing the pollutants that may come off of the site. Lastly, Krause questioned whether the City should be involved in support of a development proposal, especially given the health and safety concerns stated. Greq Apel. Sycamore Farms, requested that vegetative screening also be included on the east side to protect their future multi-family residents and their existing residence. Also, regarding the storm water that will be stored and slowly released, Apel asked whether the City also plans on treating this runoff, similar to the way Sycamore Farms had to. Rockwell said that one of the Environmental Technical Advisory Committee (ETAC) members did suggests that the runoff be integrated into a wetland habitat as this type of runoff is known for its cleansing abilities. Apel said that the Conservation Easement says that the City is required to protect the Snyder Creek Bottoms and to treat the storm water going into it; Apel asked whether this can be done through a series of ponds, and if so how can it even get down to the Snyder Creek Bottoms if the water is channeled to the north when it needs to go south. Rockwell said questions regarding the details of the storm water management plan would need to be referred to the Public Works Department. ..'"-~"'" , ..~ .,', c-', ' \l ,~ ~'(- I, : . I: ~- , , Ii LeRov Baird. 4255 Sycamore Street. SE, said he had gone to the area where there is a runoff basin just yesterday and counted some 75 ducks there. Baird said it is not being taken care of and that some of it is green with algaeo Baird said he lives in the valley which the City is talking about pumping the water back down into, and does not buy this idea. Baird referred to some bicyclists who were struck about two years ago in the area, because both they could not be seen, and the bikes did not have lights. Baird said Pleasant Valley already has a policing problem with having to call police to remove people partying on the course. Baird feels that the area is very insufficient of improvements, but in the same respect, he does not wish to pay for improvements to City standards and all the additional taxation new City projects and services will cost him and the people of Iowa City. : .! I I , I , i : 1 I I , i I! I I., II~' ' l i ) , \../ 't~;..~- .~ Jeff Schander, said he just moved into the lot adjacent to northwest corner of the site, asked for clarification regarding the Conditional Zoning Agreement with the County. Holecek explained. Schander asked then whether the City intends to uphold the condi- tions of the CZA. Gibson said that when he made the motion recommending that the City eouncil make a statement regarding the City's commitment to upholding the CZA, he was very explicit in stating that although he did not know whether the City wishes to accept the obligation, he thought it was important that the City speak on that subject. If Council wishes to abdicate that responsibility, that is Council's decision, but Gibson does not feel ~r,,i,"'~'~,"y,~,'.",', ,~\ 1M h(!!~~ " ~-"'\... G--~ , 0 I _'n'" .", __ ._~ -~= - - 0" " )",,,,,.,,,,, . . ,,":, :.. \".:/ .,~...'<,.:.:' , C_' >:'~\ ~'~tl '" .''.In. A . '/5' uO. - . .. ", ',.,,:1 a, ~PJ It' , I'd :~f,j.1. !' i'l n' o '. ~ r \ ; '\'.. , , , '. . - .~! . ' , Planning & Zoning Commission September 1, 1994 Page 12 that the Planning and Zoning Commission said they wish for the City to continue to honor those earlier commitments. Schander pointed out that when he does rough calculations, including the road improve- ments, open space and storm water retention basins, the 80 acres is dwindled to the area of 65 acres, and when 330 units is divided into this, it comes out to roughly 5 or 5.5 units per acre, as compared to the 4.2 units per acre staff had stated. In terms of open space, Schander comes up with roughly 3 acres required, instead of the 2.4 that staff has calculated. Schander asked if the $400,000 in HUD money for this project is part of a much larger allocation that had stipulation on how it is spent. Milkman said there were two larger HUD allocations, but these allocations had no stipulations other than for flood relocation and mitigation, and secondly for low-income individuals. Schander said the figures he has heard don't seem to be accurate. Gibson asked whether Schander owns the property he resides on, or rents. Schander said he just moved to the city and rents the property. I l Richard R. Rhodes. 2014 Rochester Avenue, asked whether there is a provision for neighborhood open space that will be required from developers. Rockwell said there is a 2.4 acre requirement included in the staff report, and the concept plan received does show that amount of acreage. Rockwell said the concept plan has not been fOlWarded as it is a very formative stage. Rhodes said he received a photo from the County which show two potential wetland sites, and feels these should receive some consideration before they are destroyed. Rhodes said the drainage off the northeast corner of the site does feed into the Snyder Creek Bottoms and feels that a mitigation plan should be developed, or made conditional, before the site is approved. Rhodes said although nothing in comparison to the Sycamore Farms site, staff is underestimating the amount of wetlands in this proposal. Steve Briqht. 321 Market Street, one of the owners of the Sycamore Farms development, asked why the City is an applicant on this annexation. Rockwell said this is a public- private venture for which a Request for Proposals (RFP) was put out to create an afford- able housing development. Bright asked if the City is an owner of the 80 acres. Milkman said the City is not, nor will be, an owner of the land. The City will not have any interest in the park, other than that there will be an agreement with the owner of the park that approximately 116 of the pads will be retained at the HUD set Fair Market Rent, and will be rented to low-income households for a period of 15-20 years. Milkman said the reason the City is part of the application is because there will be federai funds provided by the City going into development and being used, in fact, in part for acquisition of the land, though the City will not be an owner. , ~: ..-'01 r/.i(l r I. I I I I I i Bright asked whether the City is investing $400,000, or in fact, $2.4 million in the project, as in order to develop the site the City will need to install or upgrade approximately three roads at approximately $500,000 each. Rockwell said the roads are really independent of this development and will occur whether or not the development occurs. Bright said it is his understanding that the CZA says the road for the park will come in from the north and only if the City activates the park on the City property, and this is really an indepen- dent decision from the development. Bright asked then if the road improvements are to be all the way up to the City limits. Bright said he asks this because during the Sycamore Farms annexation process, the adjoining land was zoned 10, and Sycamore Farms was told this was not compact and contiguous, and he believes the Comprehensive Plan says that if the land is not compact and contiguous the developer absorbs all infrastructure . I~ I: , i I' \ 0", J '~. . 'i-; i"j ,}" ,."." I' " L,. l(--- o~~__ ~ __ k IP ,0 j,> ... . () i .1 ;~'uia '. ' ,( .. " , .;. o ':r\ I ,\" ' , , ,'..: ~ " ... f ,,,:! . Planning & Zoning Commission September 1, 1994 Page 13 costs. It appears to Bright that the City is absorbing a substantial cost in this proposal. This is why it troubles Bright the City is an applicant, and said maybe it is an applicant because it is spending well over $2 million. Bright said under the initial RFP, the City was going to own 15% of the units, so was going to be an owner in the initial RFP. It is his understanding now that the City will not own any of the units in the park, in exchange for the $400,000 that will be going to Mr. Wolf to develop the park. Gibson asked whether the 116 units will be rented for 15-20 years will also be eligible to receive additional city, state or federal subsidies throughout that lifetime, or will there be continued subsidies paid to the developer and park owner. Milkman said it is a one-time subsidy to maintain the units at the HUD determined Fair Market Rent. Starr asked whether the subsidy is intended for the pad, or for the pad and the rental unit. Milkman said just for the pad, unless Wolf has some rental units to put on the pad. Dierks asked whether Milkman has determined the number of flood victims that will reside in the park. Milkman said the City has not determined there will be 116 flood victims moving to the park, only that flood victims will have preference in the park. Milkman said there is a need for more mobile home pads within the City limits, as there currently virtually no vacancy. Dierks asked whether Milkman has figures for the number of flood victims that reside, or had resided in mobile homes, could actually move to the site. Milkman said a lot of these were fixed up and the majority of these are movable. Dierks said she asked after the Towncrest process, the City found out that many of these units really were not movable. Milkman noted that this park will not directly benefit the Towncrest residents because they need to be out before this site is developed, but indirectly because the park will replace some of the unit sites that are disappearing. j" .,\ (~'~ \~ ~ "...-~ r r '\ I , ! I" I Jim Millero co-owner of Svcamore Farms, said in looking over the CZA, this states that access must come from the north, although it does not give any criteria or specification as to what this access need be. Miller said he knows the funds are available to improve Sycamore Street down to the current corporate limits, but from there on this is County property; Miller asked, that even if the annexation occurs, what happens to the section that will still reside in the County. Miller said that according to the CZA, the City will own, build and maintain a road to the park. He asked if the City is willing to spend approximate- ly $500,000 to get to the intersection on Sycamore Street and improve this for the County, or is it willing to annex Sycamore Street and improve it to City standards. Miller said that if this is done, there will be 16 homeowners on a larger tract ..the Gatens tract-- which will be County property surrounded by City property. Miller said he feels this is not legal. Miller asked then if the City is forced into a position to get access to their soccer facility, not only to build $1 million in roads, but to annex an additional 160 acres of property. : .j , I , I Miller said they were told earlier the plan folds into the City's Comprehensive Plan; Iowa City's approach is to encourage development to take place in a compact manner, contigu- ous with existing development, and the development will be required to absorb all infra- structure costs associated with that development, including all oversizing. Miller said this development is a leap frog, certainly over half a mile, certainly not compact, certainly vague in it definition of contiguous as it bumps the Sycamore Farms site which is zoned Interim Development. Secondly in regards to the Comprehensive Plan, this says "it may be prudent to accept voluntary annexations if the service area does not incur an undue financial burden on the communityo" Miller said he is not sure enough taxpayers would feel a $1 million road is needed to access the soccer fields, as the public spoke on this issue in a public referendum a couple of years ago. ~ Ir i I 4 , ' : I II \l' "}1 , ;'!' c' .r, l')~ "\::"~'\,' i:', t.\~ (:\ Jt., ,(\.'~~: " 1...-.... (C~~~''''=.._ ' "...,...= ~- ~ -- .o.J'~" , , . \ ~/~fl I ,/5 ~.., " , 0' , ., .... . ' ti:.'lJi:~ r, '-. ., .;. o . '~,; \' ' "q " , '.' " , ~ . ,,,,: ' Planning & Zoning Commission September 1, 1994 Page 14 ,. ,.\ -'\ ( \ \1 \:). ~1 '--'-~ " r \ , I" I Ii i / , i , i I k. i I'. II " I ~~,A 'jf ) '~'I(''-l':i ,',.,",', W.."-', ;'!i::'\ !~'t " "." I.: -~, ~(~ 0 ~~_w ' ~'~7 I'" , i5 Another conflict in the Comprehensive Plan that Miller sees, is that the plan states that prioritization of public investment in infrastructure and public amenities, such that obliga- tions to properties currently within the corporate limits take precedent. Miller said that if the City is in fact spending $400,000, and any other amounts the public does not yet know about, then this does not agree with what is stated in the Comprehensive Plan. In conclusion, Miller said the Land Use Concept Map has a circle on the site which says the site is for low density single-family housing. Miller says when he pulls out the Zoning Ordinance and looks up low density single-family housing, this discusses an RS-5 zone. The intent of the RS-5 zone is to provide single-family residential development consistent with the predominant single-family character of Iowa City. Miller said the insinuation that this conforms to the Comprehensive Plan because staff says the density will fall under the 5 dwelling units per acre density, confuses him because it implies that the single-family character of Iowa City is a mobile home. Miller said Gibson had brought up the question as to whether the Comprehensive Plan needs to be altered; Miller said there is no ques- tion that the answer is yes. Miller asked that the Commission reconsider staff implication that this development falls within the requirements of the Comprehensive Plan. Dierks asked whether Sycamore Farms will have any RFBH pads that will be for rent. Miller said Sycamore Farms used a lot of discretion to determine where their mobile home units would be placed, and ended up placing them on a site that was already zoned RFBH and next to a site which Sycamore Farms owns that is zoned RS-a. Miller said Sycamore Farms plans to meet the needs the City has put forth in the CHAS report, and have attempted to meet the needs of affordable housing all along. Miller said Sycamore Farms will take a Wal-Mart approach to housing, in that they will do it a bunch of times with very little profit. Miller said Sycamore Farms will provide the type of housing the City feels is needed, whether rental or owner occupied. Miller stated again that the City does not have a right to be involved in this project, and the concepts which have been brought forward are very evident as to this inequality. Miller said the only part of the process brought forward with the Wolf project that Syca- more Farms did not have is a checkbook signed by the City of ,Iowa City. Miller said if all this money was available, he did not understand why they have only appeared recently. Miller said they will do what the City wants, only the City has never asked; Miller said that Sycamore Farms has asked the City if it can participate on four separate occasions, but never are taken seriously. Miller said the other night it was mentione,d that several tracts were'reviewed and rejected, and if Sycamore Farms was reviewed, Miller would like to know these results. Miller said he has three more pages he wished to share with the Commission, but said he will submit copies of these to staff for review and have included in the member packets. Starr asked whether Sycamore Farms had responded to the RFP. Miller said they had not responded because the RFP was originally green and it is now red; it is totally differ- ent; it started with 40 acres, it is now ao acres; it started with 15% of the units being given back to the City, which is now gone, Miler said any developer in his right mind would not have done the RFP as it was presented because it was an economic flop. Miller said, as Gibson has stated, this has been under a basket and he does not know how it ended up the way it did, and Miller cannot get any answers as to how this evolved. Susan Dashner. 1530 Buresh Avenue, said her Mother recently moved to the McColla subdivision and in order to maintain the rural character, and also for a personal invest- ment, Dashner had purchased the lot directly behind her Mother's home, Dashner feels "11"[:,1 ~., ' '~ 0') \-, . -" ... . " " " .j Id, , '., I '1 . ' (:. [ ..\ c-'\ \1 '\: ,~ ':r I" I , , I , , I , I , i" 11'. \ i , ,~ .;J }'~' '~' "'~, ~,','i ~;' ~c.. r; > C' ,'-...;...:-.,..,....,-,..,' , 0 ,'.' ""'---.-- -.- ---- , \' i .;. . , ',":r:\'" , . ~ ....' ",,' , '.~ . " , u. . _ A.'.. ~ ..,,'.'. ... ... . , ~L ",'~""_"" "_" h_.____.. . )'I~' ",.. I'" ;/5 Planning & Zoning Commission September 1, 1994 Page 15 that proposing to put another 300 residents south of an area that already has inadequate safety and amenities, is callous. Dashner feels that without adequate improvements, the Wolf tract will never amount to more than rusty tin cans, which cause area property values to decline, and this is a situation that her Mother cannot afford to be put in. Randv Moore, 4322 Daniel Place, a homeowner in the McCotta subdivision, said although relatively small in number, an almost 100% turn out tonight indicates that the residents care about their neighborhood. Moore feels the nature of the proposed development is inconsistent with the established tone of the neighborhood. Moore said he had moved to the area for its quiet rural nature, not to have development of a mobile home park density next door. The McCotta subdivision has roughly 1.5 homes per acre, and the proposal, according to staff figures which may be low, calls for 4.25 homes per acre. This concern is further intensified by the fact that the City is reserving a third of the development for rental to low-income families. Moore noted that, according to the chart Milkman passed around earlier, he was surprised to see that his income for a family of six falls substantial- ly below that designated as low-income families, yet he says he in no way considers himself as disadvantaged or in need of assistance. Moore feels that 340 units will significantly increase traffic flow on Sycamore Street, as has been brought up. The roadway itself is in need of repair right now. Safety of their children is a prime concern to the residents, and presently there are no sidewalks or pathways up to the city. The children are bussed to the school simply because of this fact, and Moore feels that any additional development in their proximity will require that this be addressed. Moore said school capacity is an issue, as Grantwood School even with its new addition is near capacity, and if 300 more homes are brought in there is ho way Grantwood can support these. Moore sees a mandatory need for the City to invest in a new school. Moore questioned whether this would even be the most appropriate use of the land, from the standpoint of the City, as this will obviously call for a large contribution on the part of the City. It seems more logical to expand the type of development in the McCotta subdivi- sion, as this would in turn create tax revenue for the City, positive cash flow than what appears to be a negative cash flow. In regards to policing, Moore said that if the City is not a part owner and it is a private development, the police do not have the right to patrol the site. Moore said that development of the roadway to the soccer fields is really not part of this proposal and needs to stand on its own merit, therefore, Moore did not feel it is appropriate to tie it together with this plan. Bernard J. Foxo no address aiven, said that he lives on Sycamore Street, is concerned with what may happen with Sycamore Street, as he has heard that a nearby resident may need to move his house as a result of possible improvements to the street. Fox said road improvements would put the ditch nearly on his front porch. Scott said there is nothing in the CIP for these improvements yet and if improved, Sycamore Street in this vicinity would only be a two-lane arterial. Scott said the road would also probably shift somewhat to the west which would impact the house owned by the Cruz's, although there has been no determination yet. Robert Wolf. 2732 Humminabird Laneo said he is familiar with the manufactured housing business as he started Modern Manor in 1983. Wolf said there will not be a mass influx of homes in this development and he envisions it to be a 10-15 year build out period. Wolf said that manufactured housing Is used by all types of people, mostly by those just ;"...;..;.;~..'-' ". rl'l' -~ ',o,.~l':';""'" D , .!, " Ie]', ~ -..--,-..,.... .... " ", '-.>:_-> I Y'; , " ~', ,j. -', :'''It', . ""1/' ,,"': . ..' ,.;. , ',' , . \.'." , ''', ...., . .._c '!':, v'^"~:~:,:_~.._..._ ....0< '_. .._..__....,__ ... . " ., ....,.__b... ". ,',: .."."._ "",~..,..~.~~..~",.,...~.,___ __.". " .~.-...,.."..,." Planning & Zoning Commission September 1, 1994 Page 16 starting out in the employment market and new couples, then most of these move on to purchasing a home; manufactured housing is not just for the low-income population. Wolf said they were the City selected developer, based on a proposal the City sent out. Wolf said this was a fairly lengthy process, occurring over nearly three months, there were alot of intelViews and nothing was achieved under the table. Wolf feels the income levels that have been discussed are very similar to the type of individual that resides at Modern Manor. Wolf said there will be a Business Manager and a Grounds Manager, and clients 'will be selected based on research into their previous rental and credit history. Steve Bright added that he feels the school site issue mentioned by Dierks deselVes special attention by Planning and Zoning Commission. Bright feels this annexation alone would support a grade school. Bright said the Sycamore Farms proposal was never going to be passed without provision for a possible grade school site, and feels the same leverage should be brought to this proposal. Bright said on their last visit to the School Board, the Board had requested ten additional acres. Secondly, Bright reminded the Commission that in their proposal for affordable housing, they had to pay all infrastructure costs, all oversizing costs, they had to connect with their neighbors to the east and west who are in the County. Bright said he has not seen any of these demands being made in the Wolf proposal. In addition, they had to give a school site, a trail network, and finally the Sycamore Farms property adjacent to the property he is referring to, was warranted not ready for development and had to be zoned 10. Jim Miller, said that the ConselVation Easement that Sycamore Farms has with the City, the City pledges to protect environmentally sensitive areas in the Snyder Creek Bottoms. Based on the importance the City placed on this agreement, Miller feels that a ConselVa- tion Values Report, a Wetlands Delineation, and a mitigation plan are needed before the process is taken any further. MOTION: Gibson moved to deferANN94.0007, REZ94.0012, to the formal meeting of the Planning and Zoning Commission of September 15, 1994, Bovbjerg second. ed. The motion carried on a vote of 6.0. The Commission took a recess at 10:30 P,M. and reconvened at 10:39 P.M REZONING ITEMS: 2. REZ94.0010. Public discussion of a Summary Report for lot 25 of Village Green, Part XIII . Wellington Condominiums, a 20 dwelling unit PDH, Planned Development Housing Overlay. Miklo said the reference to Somerset Lane has been corrected, and the proposal is now ready to be forwarded on to Council. Public discussion: There was none. Public discussion closed. , ,(',I'1~--' ~'~~w.......-~, lIT f 0 ,,' " , ' \ - '" ----_.._--~------ ~,',......".,."..,....,.."" " ",'. '," '-'::,:'."':',"';,'" '-, '\ ',..\'.:,:-:,'..Q,.:,'i:~.::;',,' ,:W\:<, .' . , - ". . ',' ,_~I IIU I i I. i 'i CD ,..I !' I' I " ~J~1 ..,...,..':"""....'1" , )5 ""'1'" "", 0".,' " , , '. "";;"".-,, ',- ;' ~lliii~: ....-:-.~. " ,:\'. (-'\ \1 ,Jl "/~i--'\ ! ~ . \ \ r 1.\ I , I I I i I I I I I I ! ~: I 1'1' : I I 1,[ )' l,.,.. \-....- '. ",",""'1'",,",'.,',',' y. ,. ';r' f 11' H},lj.', 'I --"'....: (:.~ ~J~7 .., "'I.." , 'j c. \ ,.t; ..), \, ;". .;. , - '~t: .\1" . . . ~ , ,',., " ','-.' ~ R-t", ,'. - . :! . Planning & Zoning Commission September 1, 1994 Page 17 MOTION: Starr moved to approve the Summary Report for lot 25 of Village Green, Part XIII. Wellington Condominiums, a 20 dwelling unit PDH, Planned Development Housing Overlay, Jakobsen seconded, The motion carried on a vote of 5-0, with Gibson absent. 1. REZ94-0009. Public discussion of an application submitted by Dennis Aussennus on behalf of Hy-Vee Foods, Inc. to rezone a 5.52 acre parcel located immediately across from Stevens Drive east of Waterfront Drive from CI.1, Intensive Commercial, to CC-2, Community Commercial. Miklo reiterated staff's recommendation for approval, subject to a Conditional Zoning Agreement addressing 1) the reconfiguration of Waterfront Drive and Stevens Drive, 2) the approval by the Director of Planning and Community Development of a concept plan for site layout and landscaping; including driveway locations, and landscaping islands; 3) the applicant will be responsible for the relocation of the sanitary sewer line which current- ly crosses the property, and 4) the applicant will contribute to the cost of improving Waterfront Drive to the south of the site. Public discussion: David Bailie, 1801 Osceola Avenueo Charitin. lowao the applicant's representative, said that when the plan was initially submitted for review, it was their assumption that their west entrance would remain a public street and that all streets would remain public and in the current configuration. One of their current primary access points is Waterfront Drive and Gilbert Street; staff has proposed to close this access point. Bailie is concerned that the shift in traffic pattern to another block south will have a detrimental effect on their business. Hy-Vee is also being asked to share in the improvements to the railroad crossing at Stevens Drive and Waterfront Drive, as well as, 50% of the cost of improve- ments to Waterfront Drive south of the property line. Hy-Vee is not in disagreement with conditions 1-3, but does not agree with number 4. The reason for this disagreement, include, that Waterfront Drive has been an adequate street for a number of years and continues to be adequateo Because of limited development to the south there is limited traffic on this road, and Hy-Vee does not feel that their development will cause alot of additional traffic, and Hy-Vee does not intend to use Waterfront Drive to the south as a truck route. Bailie said there has been no data has been generated that proves that the improvements will be necessary. Bailie feels that more emphasis needs to be placed on the intersection of Stevens Drive and Gilbert Street as traffic will definitely increase on this street if the northern portion of Waterfront Drive is c1osedo Lastly, Bailie is concerned that condition 4 does not address the cost or scope of the project. Bailie said they would really like to move ahead with the project, and ask that condition 4 be removed, and if this is not possible, changed to state that "the applicant will contribute 50% of the cost, or $60,000, whichever is less, toward the cost of improving Waterfront Drive south of the site," Scott asked then that if condition 4 is changed to state this, Hy-Vee will be in agreement to the conditions, Bailie said yes. Starr asked when the proposal changed such that now there will be no truck traffic to the south of the site on Waterfront Drive, Bailie said there was some possible miscommunication, and that as the plan is now there is no way to use the road for truck traffic as, there is no way to get in from the southo '~1~-..\..D;' . , ,)".:"'."" , O. '.,:" ,)' '", . ' . - .,,~,.~ ,~- "..', ... '. '!- , 10.. .'_f " . .......,' '.\ ; . mr...~'" , , .\" . ,.. r , ' (:~ \ \ 1'"11 ~ i j I 'I ; i : I '~ 1(' II ~td )~ .' '[-0 it ",1' ..'..'.......:"..."F"". :/5' . ."'1 " . "~ . .'~ \~~. ~ ~ .. r.. o " ,~, . '.',' , . '~'" " . , .._.'".-__...,........._.,..,"u:O:'-'.'.......,._...., . , .."_~,,,.,_'.....'_'.__A_..___ Planning & Zoning Commission September 1, 1994 Page 18 Public discussion closed, MOTION: Dierks moved to approve REZ94-0009, an application submitted by Dennis Aussenhus on behalf of Hy-Vee Foods, Inc. to rezone a 5,52 acre parcel located immediately across from Stevens Drive east of Waterfront Drive from CI-1, Intensive Commercial, to CC-2, Community Commercial, subject to a Conditional Zoning Agreement addressing 1) Waterfront Drive will be reconfigured and Stevens Drive will be extended across the railroad to provide access to the property from the west. The applicant will be responsible for the cost of the Stevens Drive railroad crossing. The City will rebuild Waterfront Drive and Stevens Drive west of the railroad; 2) the Director of Planning and Community Development will approve a concept plan for site layout and landscaping; including driveway locations, land- scape islands, and plantings for the separation of the loading dock/service area from any public or employee parking areas; 3) the applicant will be responsible for the relocation of the sanitary sewer line which currently crosses this property; and 4) the applicant will contribute to the cost of improving Waterfront Drive to the south of the site, at either 50% of the total cost, or $60,000, whichever is less, Jakobsen seconded. Scott added that he hopes the issues do get resolved, as he feels this project will be a great use of the land and a great addition to the neighborhood. ' The motion carried on a vote of 6-0. ANNEXATION/REZONING ITEMS: 2. ANN94-0006o REZ94-0011. Public discussion of an application submitted by Diane Boyd, on behalf of Plum Grove Acres, Inc" to annex a 1.02 acre parcel located north of Scott Park Drive and rezone the property from County RS, Suburban Residential, to RS-S, Low Density Single-Family Residential. Rockwell said staff recommends approval of the annexation of the 1.02 acre tract, and that the rezoning be approved, subject to 1) the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract, including, but not limited to the extension of Scott Park Drive, and the six inch water line 10 the north boundary of the subject tract, and the connection of the sanitary sewer line to the south, 2) approval of the construction plans for these improvements by the City Public Works Department, 3) construction of these improvements consistent with specifications for Scott Boulevard East, Part Two, and acceptance of the improvements by the City, and 4) a plat of survey being executed and recorded upon conveyance of the subject 1.02 acre tract, or a portion thereof, to new ownership. Public discussion: There was none. Public discussion closed, MOTION: Bovbjerg moved to approve ANN94-0006, an appilcation submitted by Diane Boyd, on behalf of Plum Grove Acres, Inc., to annex the 1.02 acre tract located at the north terminus of Scott Park Drive. Starr seconded. . .. '",,"-'''~ 17 j,',..,,,..,,..,",..,'" ,',0,>,,';'. ,s:.,"': '\ "'I1~ ,- ~ ~ ... . .\ ',' 0, \;J .j ,!' I ,lEi ,:,.,:,.,..:),,'j ;lSl:i~' ,.., i -'.--. . ,\ .\-', .;. , ',~f, f . "~ '''.', '~, " ~ '.""" ... ~ . .......,..-.:._~-..' Planning & Zoning Commission September 1, 1994 Page 19 Jakobsen said she will vote against this annexation as she does not feel there is any reason to mess with one-lot annexations. The motion carried on a vote of 5-1, with Jakobsen voting in the negative. MOTION: Starr moved to approve the rezoning of REZ94.0011, an application submitted by Diane Boyd, on behalf of Plum Grove Acres, Inc" to rezone the proper- ty located at the north terminus of Scott Park Drive from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential, subject to 1) the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract, including, but not limited to the extension of Scott Park Drive, and the six Inch water line to the north boundary of the subject tract, and the connection of the sanitary sewer line to the south, 2) approval of the construction plans for these improvements by the City Public Works Department, 3) construction of these improvements consistent with specifications for Scott Boulevard East, Part Two, and Acceptance of the improvements by the City, and 4) a plat of survey being executed and recorded upon conveyance of the subject 1.02 acre tract, or a portion thereof, to new ownership, 80vbjerg seconded, Jakobsen said she would disagree with this vote, as well, due to the previously stated reasons. The motion carried on a vote of 5-1, with Jakobsen voting in the negative. o DEVELOPMENT ITEMS: 1. SUB94-0012. Public discussion of an application submitted by Breese Company and James O'Brien for final plat approval of LongfeHow Manor, a 7.64 acre, 20 lot residential subdivision located on the south side of the 1300 block of Sheridan Avenue. '" " I .;~ (-- \ ,\ '\ ,Ail ",~( ~ RockweH said staff recommends that the final plat for LongfeHow Manor, an approximate 7.64 acre, 20 lot residential subdivision with an approximate two acre outlot to be dedicat- ed for public qpen space, be approved, subject to: 1) approval of the legal papers by the City Attorney's office prior to Council consideration of the final plat, 2) placement of a note on the final plat and incorporation of language into the subdivider's agreement permilling use of the private drive for maintenance vehicles, pedestrians and bicyclists, and 3) appropriate grading and seeding of Outlot 1 prior to City acceptance of the public open space. i ,. . i . I , I , I I i f: ,I ~ Scott asked whether these conditions were what the preliminary plat stated. RockweH said word for word. Bovbjerg asked whether the wording permits the drive to access the open space. RockweH said yes, and would also retain the area along the railroad as an open passage for continuation of right of way to the west. Bovbjerg said she is happy this right-of-way is to be maintained. Public discussion: :\ ' '~-( :~'~ n [II Cecil Kuenzli. 705 South Summit Streeto asked whether the Commission intends to drop public access to the private drive. Kuenzli is confused with this as she feels it is standard that homeowner associations set up liability insurance policies to cover such eventualities. Kuenzli also expressed concern that the sidewalk that would be in the open space would (~~-~'~~u, " .,.~ ~"" ~ )',""','" , . ," O ' ' . ,", , . - ". "',', " . '.' ..',.. ..:/ ~/'7 , '?"s 10, .,' '.' . ' am ,\ I , (?- '; ".>l ,'-; I', I I I , i : I , i ! I i ~ ii' , , ~ I II \"1 ',),.1,1 :~',' h " v.~ l,r'/~'" ' \\ 0 .' I' 'I ,~, '. . ,r\\t'l , ,~. .;. o ,'.' , .'..... . . .:::{-.-"-... -~..". ,.... '-,'., ,'- Planning & Zoning Commission September 1, 1994 Page 20 be on a slope, as the area between the loop drive down to the creek has a slope of approximately 4:1. Kuenzli also expressed concern that it might not be cost efficient to build the sidewalk in the floodway, as several paths that are located in the floodway had to be rebuilt as a result of the flood. Lastly, Kuenzli asked whether the decision to eliminate public access to the loop drive, contradicts a Planning and Zoning Commission policy/decision made last year when the alley at the end of Roosevelt Street was vacated, the idea being that Planning and Zoning Commission insisted that there be an easement for pedestrian use, toward the larger goal of creating a trail through the neighborhood along Ralston Creek and further. Sallv Hartmano 826 Roosevelt Street, said she was one of the residents that worked hard to create some green space at the end of Roosevelt Street, the reason being to create places to walk in which there is not automobile traffic. Hartman finds it very troubling that an attempt to limit public access shows up in the final plat, as it would put a brick wall against their vision for a trail system throughout the neighborhood. Hartman would like to see access maintained along the railroad tracks, and reminded the Commission that the neighborhood plan is well documented in favor of a trail system/green space. Pat Folsom, 739 Clark Street, said she was told several times by O'Brien that there will be a homeowners association, and as a result there would be a requirement that the housing be owner-occupied. Folsom said that this is very important to her and the neighborhood, as one of the goals is to maintain the neighborhood as owner-occupied residential area, to maintain consistency wherever development does occur, and to maintain the existing housing stock. Scott said it will be the developer's option to have a homeowner association, but it was the City's understanding also that there was to be a homeowners association, Regarding the owner-occupied covenant, Scott said these contracts can be fairly open ended and include what they want, as long as they are not discriminatory . Jill Smith. 610 Oakland Avenue, said she agrees with Folsom's comments regarding the character of the neighborhood, and added that the RS-8 zoning was requested in order to maintain the small lot single-family dwellings. Smith said she endorses the staff and Hartman position regarding the preservation of trails and access, and suggested that the southern portion of the loop drive be brought a few feet farther north. Smith also feels that the open space is insufficient, inaccessible, and too narrow to meet the demands of the neighborhood, as the open space concept plan says that the neighborhood is deficient 3 acres of open space. Smith suggested that the City purchase this open space by purchasing portions of this subdivision. Finally, Smith feels, no matter which Commission is approached, requests to acquire more open space has fallen upon deaf ears. Robert Lehman, 1231 Sheridan Avenue, said he owns a property which shares a common driveway with the ADS site. He said for nearly twenty years he had a good neighbor in ADS, and asked how this drive situation will change, especially in regards to maintenance and responsibility. Lehman feels these concerns would be especially important if the homeowners association does not evolve. Larry Schnittier, 1917 South Gilbert Street, said he envisions any area along a creek as a relatively natural area, without the intrusion of sidewalks and bikeways. Schnittjer said, as it presently stands, a bikeway or pedestrian path will not go along the southern portion of the site, as the apartment site does not provide through access to Roosevelt Street. Schnittjer said he does see any reason into pressuring people into accepting something ..'''olUd..l ~A" ')'''''' ," "0"",,, ,'>.' '.". .' '::~, ; -'. - -- ... ~ ~, ~'1 '[' ,'5 \: ()) i.! , lb, , " " .~is! ,. , [ ." (~'i \t ~ ~ "-("i'j I I '1 ''') ) I ! ! i 'i I , I 'I I i ! k, I Iii., ! ! I J ~,l';r' , 9 , '~~',' ti ~ ;'i, , ~':i: 'r" ~. ,~ ~1~7 T ,5 ,\' 'j :'t' ~ '. \ I, I , " " f ~ ", . ..'- '"",',, ,~, '. Planning & Zoning Commission September 1, 1994 Page 21 they do not want, when alternate routes are available. Schnittjer said that the slope in the open space will not, and cannot be at a slope of 4:1, as suggested. David B. Poulao Attornev for Mr. O'Brien, asked why the City would want to mix pedestri- ans with autos on a road way, as there is no other place in town with a similar situation, and this would set a bad precedence. Poula feels they have complied with all applicable laws, and the City has no choice but to approve the subdivision as is. Richard R. Rhodes, 2014 Rochester Avenue, was confused, and asked whether there is to be public access in the private drive. Rockwell said as a note was included in the preliminary plat for trails, then staff feels the public access should also be included in the final pial. Rhodes said, as an advocate of trail systems, he strongly supports reinclusion of the language on the final pial. Folsom added that this trail segment is part of a larger trail system the City is looking into for a trail that would go under the railroad. Folsom also asked that the Parks and Recre- ation Commission look into the purchase of the two properties east of the creek. Scott said that recommendation should be addressed to the Parks and Recreation Commission. Jim O'Brien, the developer, said he has tried to stay out of the park arguments quite a bit, but stressed that he is willingly dedicating 2.08 acres of open space. O'Brien also noted that Jerry and Dorothy Rogers, the residents immediately east of the bridge on Sheridan Avenue, may be interested in selling their property and suggested that the Parks and Recreation Commission approach the Rogers. O'Brien said that if the space on the other side of the creek, were purchased by the City, there would be well over 3 acres. O'Brien said he is happy to donate the ground, but feels the City will be letting a golden opportuni- ty slip by if the Rogers' are not approached, Public discussion closed. MOTION: Gibson moved to approve SUB94.0012, an application submitted by Breese Company and James O'Brien for final plat approval of Longfellow Manor, a 7,64 acre,20 lot residential subdivision located on the south side of the 1300 block of Sheridan Avenue, subject to: 1) approval of the legal papers by the City Attorney's office prior to Council consideration of the final plat, 2) placement of a note on the final plat and incorporation of language into the subdivider's agreement permitting use of the private drive for maintenance vehicles, pedestrians and bicyclists, and 3) appropriate grading and seeding of Outlot 1 prior to City accep- tance of the public open space. Jakobsen seconded, Scott said the liability is not a legitimate question, a concern perhaps, but liability umbrel- las can be purchased, individually or by the homeowners association as a group. Scott said a sidewalk is not called for through the public dedicated open space, The recognized three acre open space deficiency would not be expected to be due from one developer. In regards to the difference between concrete and asphalt, the City standards are 7 inches of concrete, or 9 inches of asphalt, both of which, by engineering standards will provide the same life expectancy, wearability and durability, And finally, Scott noted that alleys, as well as private streets, are used to carry cars, bicycles and pedestrians in numerous other parts of Iowa City, Wellington Condominiums for example. Gi...... -'.- :l7:'~;;'.loJ~IlI- :......;.;.;,. 'J-l , 0 ' " , ----- , ~-- ')'" ,0".,., _.'.",' &1 ,"' . I' I I D : .1 I 0: , .' '-.~ [~:U~! - . ;/-...~" ,. . ..\ (~:\ \J~ ' '~'.~ I~ ,.~....i".\ :1 j . I,' ., ,I 'I i I I I . ,I I , I I if', I I i I I Il " , '.,) .."-- .... ~ii~l':; ,.1 ~i!1 t~~ , ',Y~:j.. '. -"'\.~" \c~_~~.~'~. i41t61 ".."..".. ". '.j........" is' . f", .', . " '.~t: \ I . . .. . 0',," , ~ . ,'," 1 '~.. . 'n .',~;'...' __"..;', ::.. ....,-.. '''._''''''.__'..>0-''. Planning & Zoning Commission September 1, 1994 Page 22 Dierks said she realizes that Planning and Zoning Commission does not have design review authority, but is concerned as the scope and design of the structures have changed considerably since they were first presented to the Commission. Scott seconded these comments, and added that his first impression was that design would be similar to that seen in an older Iowa City subdivision, with the front door out the front and garages out back. Jakobsen added that this is a great improvement over ADS, however. Bovbjerg said this is better, much as a result of the neighborhood concern. The motion carried by a vote of 6.0. 2. SUB94.0011. Public discussion of an applicatipn submitted by Ed Cole for preliminary plat approval of Richie Addition, a 10 acre, 20 lot industrial subdivision located on the east side of South Riverside Drive east of the Johnson County Fairgrounds, Scott noted receipt of a letter requesting deferral the item until the September 15, 1994, meeting of the Planning and Zoning Commission. Public discussion: There was none, Public discussion closed. MOTION: BovbJerg moved to defer SUB94.0011, until the September 15, 1994, meeting of the Planning and Zoning Commission. Starr seconded. The motion carried on a vote of 6.0. CONSIDERATION OF THE MINUTES OF THE JULY 18, 1994, SPECIAL MEETING, AND THE AUGUST 4,1994, MEETING OF THE PLANNING AND ZONING COMMISSION. MOTION: Jakobsen moved to approve the Minutes of the July 18, 1994, Special Meeting, and the August 4,1994, meeting of the Planning and Zoning Commission, as corrected at Monday night's informal meeting. Starr seconded. The motion carried on a vote of 4-0-2, with Gibson and Dierks abstaining due to absence. OTHER BUSINESS: Miklo noted receipt of a new City Code, which takes effect today, which is basically the same language for the Zoning Ordinance in a different formal. Miklo said he will have the new Zoning Ordinance, distributed to the members soon, Jakobsen said that she had talked with someone who attended the special meeting on August 31, 1994, and said he feels the backup traffic that would result from a traffic signal on North Dodge would prevent him from backing out of his drive. ADJOURNMENT: MOTION: Starr moved to adjourn the formal meeting of the Planning and Zoning Commis- sion. Jakobsen seconded. The motion carried on a vote of 6-0. .~-w - - 111 ~~ . - . o J" ,.' . ..,).....:.".. " ;:.' . ...' .' ~.:, T,. " " .'- , . \ ,.. . 10':: . " "'",;';,' 'j ., '; i ! , i , " i I ! '..;, -.,.-' I . . , ,"j I I i ,,..~.. " . ..'; I,: '. . . ," '. .J.', )~:\~'1.\','."." ,"~ ., , .' . ~ I ....J 'I ~__ R"_'" '.. .....,.._ ~..,....J., ""l-"':"'~~:'~ "-"'~"',,,,~"'-"-',,,,"""''-'___. Planning & Zoning Commission September 1, 1994 Page 23 The meeting was adjourned at 11 :50 PM. George Starr, Secretary Minutes submitted by Jeff Haring. mins\p&z9.01 c~~~... ......~i. ",~....",,'" ,~~- 'y , ',,,,' . ,~: , ., I., .' '. "'. _... .__.,_~,~...;...,:.,..,,-,.. ..._-,."....:..i."",.""..,;,........'-..."..............._'-'-...~.;..:.....:...__ I , . I. , i I. ., .!. "., ,l.."':"::...,~,'r:c;.,:.,'C",....,;.,....,;I";;"",'~,~c~\.1""'I"" ,~.~~!i ,"}i(),'(<,j;;"'" Ii'. /} 5',<,' r1", , _ ' "~-'1' ,,~\r/(\;....;.'..:.~,:':'(. ' ,"', .', ,:~", "i',I":,:..',...,;!#,,,<-', '.. ,'. '....,. " ~ Y:'j" ' " ,\, .. .' ~, .'~t ~\I 'l . ,i' . ~ , ..-.". '. 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" 10, r ()~ I I I i I , i I I ~ \, II. /1. 13. !", ~ Ill. .,., ([ 0 " .,"" ','~, ..' ------' . .' .,'... . ".,' . ""...,.,,, \ ",',.,',' .. , , '1 ' ' . , . ,:.., ,:1. <: , "..,3.l~",_.,...I_ ',..,..'..':'1"";.,>).". j'fr~.'..""H'_,'......". "', "'.'." '.' , ,'," i", '{:~i": :\, ,,' ',.":,, ,',,0' >; ,'0,': '., .0"",," '..,'.,,',, ',' '}5 ,l. " . "-';':,',; . <.,.' ,'~~,J' "I,~\~/?-,;'".:;.:J,,':'v,"::'::i ',' J", . . " ',c,. 1"">"," :...L.,;;,.I"<; .'"-,' ,''', ',". , " , ,\ ,:;;;/ili;!1 ....:". '. \~\ li/J .....-.... , ,L,. C~\ '* ,~ '~--r j " "\ , ' \ : ,/ < I I I II i i , , , , ;il::' f~r~ ' ~~,'(,', "[ ~ ,,,~..., " " -""":' IF~' ..,...~,- '~ 0 . ..------...------- ~\~i )"5":' lOr "r' ' . ~ '~ , , "I" "'I' , " , , ',' , "'''',y . , , ':: . MINUTES CHARTER REVIEW COMMISSION AUGUST 31,1994 - 5:40 P.M. CITY MANAGER'S CONFERENCE ROOM John McDonald presiding. Charter Review Commission: McDonald, Cain, Geasland, McCullough, Penningroth, Willis, Rhodes (5:45 p.m.), Egli (5:50 p.m.l. Absent: Ringgenberg. Staff present: Karr, Gentry, Smith. Tape recorded on Tapes CRC-4, Side 2; CRC-5, Side 1. COMMISSION ACTION: Moved by Willis, seconded by Geasland, to approve July 14, 1994, CRC minutes as corrected. Motion carried, 6/0, Rhodes, Egli and Ringgenberg absent. Moved by Cain, seconded by Penningroth, to add language to Charter Section 2.08E to read: "All appointments and promotions of City employees by Citv Council and Citv Manaqer must be made..." Motion carried 6/2, Willis and Egli voting no, Ringgenberg absent. CALL TO ORDER/APPROVAL OF MINUTES: Chairperson McDonald called the meeting to order at 5:40 p.m. Moved by Willis, seconded by Geasland, to approve the July 14, 1994, CRC meeting minutes. Penningroth asked that the July 14, 1994, minutes, page 2, ninth line from bottom, be changed to read "Penningroth ' said the charter states "shall seek",.. Motion to accept minutes as corrected carried, 6/0, Rhodes, Egli and Ringgenberg absent. DISCUSSION ITEMS: 1, Non-discriminatory provisions 2.08E, 4.04A(3I, 5.02. Penningroth explained this item was placed back on the agenda in order to receive comments from the City Attorney. Charter Review Commission reviewed Charter Sections 2.08E, 4.04A(3), 4.04A(4I, and 5.02 and Penningroth's July 14, 1994, non-discriminatory language handout. Penningroth stated in Section 2.08E she originally felt there should be a list of areas or conditions for non-discriminatory behavior. Gentry explained it is easier to incorporate the city, state and federal codes rather than include a list of areas or conditions for non-discriminatory behavior which often changes. Penningroth said there isn't anything about non-discriminatory behavior in terms of appointments or compensation in Section 4,04 - duties of the City Manager. Cain suggested rewriting Section 2.08E by adding Section 2.08F to incorporate, "All appointments and promotions of City employees must be made according to job-related criteria,.." Gentry said to avoid problems with state pre-emption, Section 2.08 could end after the first sentence and Section 2.08F could read" All appointments made by the Council and City Manager shall be..," In response to Willis, Gentry said the City Council could make the change by ordinance, rather than an election, Gentry explained U.7J~"I1J "']",:: '....:),.. :.,).\'" '-":";:"":-"',\ ---r :,,0 ".. . ,: ,j , . ,.., , .-.. " ,\ 2~m - -I ;~'~.-..-. " l ,:\ c-"\ \, \ .~ , ), ;.~1!!.\" ( '. ": ! ' 'l; , \' I ,~ , ", I' " ' I, il I! , ' ! III I I i k, I ! I" II i [J.t. '/ " ,:...~~ , , 'I tC 0 '. ~ . ..~ ' .IW:~ . '~. ....' 1 -. . ....:~ ': _n.. ~. . " , ' -, _",~_~,__~_,__ ._hu ~HDff ~"5': d, Charter Review Commission August 31, 1994 Page 2 that the charter for purposes of the anti-discriminatory language will have no greater independent authority than Title VII - federal employment law and Chapter 261 - state employment law. Penningroth referred to Section 5.02. In response to Penning roth, Gentry said the City has no obligation to be gender-balanced under state law. Penningroth said she wanted to make sure that her proposed wording for Section 5.02 does not go against state law. Willis raised concerns that the list of factors to be considered in Penningroth's proposed language for Section 5.02 would require a check-off on the boards and commissions application; it would prompt board and commission appointments to be , based on extrinsic characteristics unrelated to the performance of the job; and, in fact, the City's elected representatives do take broad representation into consideration. Gentry raised concerns about omitting a specific group. Penningroth emphasized that if you are not explicit about broad representation on all boards, it doesn't get paid attention to. Karr said the supplemental application sheets used in conjunction with board and commission application forms to obtain additional information are often left blank. Gentry stated she reads "broad representation" as "diversity" and whatever is "politically correct" now may change in ten years. Cain said the intent was for broad representation to include diverse ethnic representation and a diverse economic status. Karr suggested that a "broad representation" or "diversity" statement could be included in the boards and commissions application or the vacancy notice itself rather than in the charter. Charter Review Commission members considered taking the second sentence out of Section 2.08E (all appointments and promotions of City employees...) and make it stand alone for both the Council and City Manager. Karr noted that Article II deals with the City Council only. Charter Review Commission members and City staff discussed Section 2.08E and Section 4.04A. Penningroth stated the charter is weak on including non-discriminatory language; the City Manager is not bound to use non- discriminatory methods for compensation or appointing employees; and the charter does not contain strong enough language for broad representation on boards and commissions. Gentry disagreed, since the "City Manager" section of the charter states the manager must comply with state and federal law - which includes anti- discrimination laws. Willis said the charter's language, combined with the City's practices, the federal regulatory structure and political restraints, are adequate, although-Penningroth's proposed changes do send a message about non-discrimination and broad representation. McDonald reminded Charter Review Commission members that if the majority of the Commission agrees that a change is needed, the Commission has a responsibility to send a specific recommendation to Council. Moved by Cain, seconded by Penningroth, to add Section 2.08E language (All appointments and promotions of City employees..,l to Section 4.04A(3l. Gentry sU9gested changing Section 2.08E to read "All employment of City employees appointed by City Council and City Manager must be made..." Gentry raised concerns that "appointments" and "promotions" excludes language addressing discharge, rehire, supervision, discipline, etc. Rhodes commented that "employment" is vague. Charter Review Commission discussed Gentry's proposed language change, Gentry suggested ~"''''J. "., "')''-;:' ,o,..,~ ,)i ","'-,' '\ ("d".'''' , .-. -_._------~- "-;''-j;' i i I , . .",L.,',",,, ,,' ",': ,I ,( -~' " , " ';.~'" " ' . P' ,:; ',~ .m"_'__~~"~~_,""",,,;,,,,,,->,,,<,,.~,,,,,,,,,,,~,,~,,,,,.I.'U.''''....,,.. ~""'"'''''''_''''~'''~-''_''''':''''I. .' , . " Charter Review Commission August 31, 1994 Page 3 I I I ",i another option to chan9ing Section 2.08E, "All appointments and promotions of City employees bv Citv Council and City Manaoer must be made..." Moved by Cain, seconded by Penningroth, to add language to Section 2.08E to read, "All appointments and promotions of City employees bv Citv Council and Citv Manaoer must be made..." Motion carried, 6/2, Willis and Egli voting "no," Rin9genberg absent. MEETING SCHEDULE: " Charter Review Commission reviewed .the draft letter, Dear Former Council Members and Candidates, submitted by Chair McDonald. Members agreed to change the second item under "Elections" to read "District candidates elected at large versus by district"; and agreed to invite former Council members and candidates to a September 28, 1994, Charter Review Commission meeting for comments. ,,' , : ! " , ': McDonald reminded Charter Review Commission members the next Charter Review Commission meeting is scheduled September 14, 1994. The purpose of that meeting will be to formulate questions for the public hearing September 28 with former Council members and candidates. ! " Charter Review Commission discussed scheduling a general public hearing. Cain suggested holding a public hearing early to accept comments from the public and scheduling a second public hearing to receive input about specific Charter Review Commission recommendations prior to submission to Council. Charter Review Commission agreed to schedule a general public hearing on October 26, 1994, 7:00 p.m. Willis suggested televising the October 26 hearing and accepting call-in comments. A'" \y'-' '..,'.-....:-, . '..",'.-" " , i " Meeting adjourned 6:50 p.m. i~ ..~ C- \ '\ ~ clork\crcS.31.min . :'.'.'" . ' ~, , " . ~ r-- ~fb~ ';: .'.'"".".........i ;1 ~''l'''''''I'''''''''''?'''''''';''''''''''''''''''"''''''"'''''F-'''' ' I' 'I'" ,..', ':., ;,__~-:~: ':\ :,;';.;', '.: " '.'.:~.;,::,::'.: _ .:;\!';~,';,\~<!<, 'l~:.';::~.'~:\'.: ,,:~;>\l:'.,,":\- ..'" ''-":'::, '':,:'\'' :'::::'~.:~;-,. ,:!<::,..~:" ';. 'D'> :',:\:: .'"""",0",.. h'"", .,".. ,.." ',:15 "", ' " " ':\' ',' """ :''':.',1,:>'; ~(;,: ~~:~:, ',I .,{\I,;i:.:;::::::"\;/'!~::):: ,>:,.,.', >/." :' ',: ' "~'.:". ":':'::';.':~'."...L"l ',r ;;< !.r- 0 i\\l J~:- ~' " -~, :.'1) "