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HomeMy WebLinkAbout1994-12-06 Bd Comm minutes .?ml.l' \\\ \\ ,\, \ \t)\" r" ;,~ : I . , ~ "I' ;~ it c- \.. 0 " ',- i .. . :(.... .rl,\I,' , 1,'_ .':' , -, ,.. '. ;.' ,...."..'...,., ~".".._.:~_... ,",:: ....._~:,',~'.', ,_."', .'1.., _~-_.,:.:,"...;: .:' ,_..,..,: MINUTES IOWA CITY DESIGN REVIEW COMMITTEE MONDAY, OCTOBER 17, 1994 - 4:00 P,M, CIVIC CENTER - LOBBY CONFERENCE ROOM A1~~~@WS MEMBERS PRESENT: Footner, Fox, Hawks, Larson, Nagle, Nowysz, Six, Swan MEMBERS ABSENT: Quigley STAFF PRESENT: Schoon, Haring CALL TO ORDER AND INTRODUCTIONS: ,Chairperson Swan called the meeting to order at 4:06 PM. Ruth Fox was introduced as a new member of the Design Review Committee. DISCUSSION OF THE COMMITTEE'S FUTURE SCOPE: The Committee continued discussion of the Committee's design review scope, what the criteria for review would involve, and where the criteria would apply. Schoon said, at the September 19 meeting, the following areas were all discussed as possible areas for review: the downtown area, including the plaza, CB-5 and CB-10 zones; transition zones, including areas around downtown, neighborhood commercial zones, and community entryways; and new commercial, industrial and large scale multi-family dwelling construction projects in the community as a whole. Schoon said some of the older residential areas around downtown and projects such as the Eagle Food Store to be constructed at Muscatine and First Avenues were also discussed in this context. I o The Committee felt that the number of areas that were considered for review at the last meeting too broad for starters, and felt that it should start small, see how that goes, and then possibly expand its responsibility in the future. The Committee agreed that they should start with the downtown area, the plaza in particular. Nowysz said that should the Committee have jurisdiction over anything, it should regain jurisdiction over the plaza and can expand to areas around the downtown, those that will be affected by new construction as well as existing structures. Nowysz reminded the members that the Committee played a large role in the Urban Aenewal process that was undertaken nearly twenty years ago, but has not had a clear vision since. Nowysz feels that to attempt to implement design review over the entire community at this point is somewhat mind boggling. Nowysz and Hawks both suggested that the Committee have some review over construction in older residential or historic zones, Schoon noted that the Historic Preservation Committee already has in the works a Conservation Overlay District, which is an overlay over the existing zoning designation which would protect the character of the area, whatever that may be. Schoon noted that the consultants working on the overlay have already ruled out the possibility of such a zone in the downtown area as no real consistency in design exists. , ~~~s-- - ...~ .~ ---~~- -~ .. .'.0 .J,; 1,)5 1[1 ,. . ..i:.~'~;;"1. ,~- .(.'. (~,.\ \\ " ,,~ I' ., I I , I , I I , : ! , I. , .1i" i I 'I i I ,I . ~ ' ~ t~....) \'~ "c<<r l '. /1" ,L , L....... (--~ ~~~s I' , . r oI''''''r, lo. ~,_oI ~' . I ' , ,. , " ': ~1;"\'!,';. -. ~ ' , . .. ,',,' \ '. . :~ . >:.'.,~ .."_b,"',;....__;::.~.,~,.',~".,,.~.:;,\. ,'. ~io,'~:.:~",: '..,," '-' , ,.....,_........,-_.'. .. Design Review Committee October 17, 1994 Page 2 The Committee reviewed the figures regarding the number of building permits issued by the City from September 1993 to August 1994; this information was requested by the Committee at the last meeting. Nagle pointed out that the number of new commercial/industrial construction projects in the entire community last year was only 22 and felt this is not an extraordinary amount to have review over. Nagle asked Schoon if he felt the Committee would be able to review this many projects in a year. Schoon said that he did not really have a clear indication of how long each project might take as the Committee has not been asked to review a major project in his three years as staff, Schoon did want to note that review of an extraordinary amount of projects will take up a considerable amount of staff time. Swan pointed out that the review of the street scape design for the Near Southside area took three meetings alone. Nagle pointed out that once criteria is set, depending on square footage, etc" the number of projects requiring review will be fewer. Hawks suggested that the goal statement of the Design Review Committee should be reviewed again as she feels it was the function of the Committee to be primarily concerned with the downtown, not necessarily community-wide commercial and industrial sites. Nowysz reminded the Committee that the zoning designation of an area already designates much about the aesthetics and requirements of a zone, and that many projects over a certain amount of square footage already go through numerous dominions for review. Nowysz feels that many of the larger projects exist away from downtown and that an entirely different set of criteria exist for projects in downtown as opposed to elsewhere. Larson noted that entryways are expanding and changing all the time and that perhaps the Committee should focus on screenings, vegetative buffers, etc., rather the construction design. These can even be included in the zoning regulations themselves. The Committee agreed with these comments. Nagle had a question about implementing design review over a structure that may exist on the edge of a zone, say a transition zone, but then a similar use goes up across the street, but that structure does not require design review, Nagle questioned where design review should end. Nagle feels that a building type of certain size or design should receive automatic review, not necessarily all buildings within a specific area. Nowysz said even this would need to be done by zone as different zones allow different structures and uses. The Committee agreed to begin focus on the downtown area, including the plaza, the CB-5 and CB.' 0 zones and all City-owned buildings {libraries, parking ramps, etc.} within these zones. . The Committee decided to consider all commercial zones as well. Schoon said the Committee members should be thinking about the criteria they wish to have in each of these areas and to be prepared with this criteria by the next meeting. The Committee noted they also like the idea that proposals be given a set of criteria that the Design Review Committee has set, prior to drawing their first concept plan. Nowysz suggested that Schoon present at the next meeting how a proposal would go through the entire process, and how the process might differ depending on size of the project or zone. Schoon concurred, but reminded the Committee not be concerned with the process at this point, however, but rather the types of projects that should be reviewed. The Committee would like Schoon to bring a copy of the Zoning Ordinance with him to the next meeting such that if there is a question about the requirements of a zone, they can get a quick answer, Schoon will also bring in a copy of the Zoning Map to the next meeting. - -- - - "0.",],:,' ,. ,.' . 10, .' /1[a , , , .' . . ~t\ I" .,.\ , ~ '. :.1. ...''",. ,..."...,._."...,'." ,;_,'_~.'... .. ..i;'_,,;';,;., '.' , ,... Design Review Committee October 17, 1994 Page 3 Nowysz left the meeting at 5: 15 p.m. CONSIDER AMENDING THE ENABLING RESOLUTION AND BY-LAWS TO LIMIT NON-IOWA CITY RESIDENTS SERVING ON THE COMMITTEE: MOTION: Hawks moved to defer consideration of amending the enabling resolution and by- laws to limit non-Iowa City residents serving on the Design Review Committee. Six seconded. The motion carried on a vote of 7-0. DISCUSSION OF THE TIME OF COMMITTEE MEETINGS: Schoon noted that the enabling resolution and by-laws state that the meeting must meet on the third Monday of the month, but this can be changed. Committee member absentee rules were discussed. Schoon just asked that Committee members call if they know they will be absent, as others may be absent as well which may make a lack of quorum situation, and in this instance the meeting may be postponed altogether. Although there may be some minor conflict of schedules in the next few months, the Committee agreed to keep the meeting time at 4:00 p.m, Footner left the meeting at 5:30 p.m. CONSIDERATION OF THE MINUTES OF THE SEPTEMBER 19. 1994. MEETING: Swan submitted corrections to Schoon for corrections. MOTION: Hawks moved to approve the minutes of the September 19, 1994, meeting of the Design Review Committee, as amended. Nagle seconded. The motion carried on a vote of 6-0. COMMITTEE DISCUSSION: Swan noted that the letter was sent to the Fieldhouse, and that the changeable letter sign has been removed. Swan feels that should the changes the Committee has suggested not get a response, a follow-up should be sent. Schoon noted that the Fieldhouse had recently changed ownership for about a year, but has since reverted back to the original ownership, It was during the ownership of that year that the facade improvement plans were submitted, so Schoon is not sure whether the project still intends to take place. Larson said she has heard comments made by the public that the downtown plaza area is not looking as well kept as it had in the past and wondered if something could be done. Several members of the Committee agreed. Swan noted that the Committee has addressed some of. the maintenance issues in the last year. Swan asked that this item be put on the agenda for the next meeting. The Committee agreed. In response to a Committee member's question, Schoon noted that a former Committee member had organized an adopt a plantings bed program between this Committee and Project Green, but that time may have dwindled the enthusiasm for the effort necessary to do the project adequately. Larson feels that if the =t8~S (~ -- " 0 -;'" -_._.__._~- -~~ :.~'--: ~'- --- O),i' ,.. , o '. 1,,01) ~O ',.-., ,".' " il!i;l,~~J<;., , .::' , . :".,..,,'. , . ..' \~ ., ,. ''',''f'\I: ,'~ ".;',,'! ,'-: . " '., , ~.."" ','. , ,.-.,.... ,.' ,'.", < . . ~~~...:....,~_~';';'~"'.h~~",--",-'.;C~;,''',;.;;Jj.'..i=--..i;~';;;;~:~'"'';'.l':.r:;:~~Jo.:.-<.<;,.il",~~,~:~:"~"-;';~'l.~:,,;,,,,t'l--~,\..i."_""~""r.'j,....._c'.,.~ "s"':.'i--"<.'~'~~~_ ,......:.. ,-.:____.N ' Design Review Committee October 17, 1994 Page 4 Committee is to expand its scope of jurisdiction, the Committee should show a commitment to this area first. PUBLIC DISCUSSION: There was none. ADJOURNMENT: Swan called the meeting adjourned at 5:46 P.M. ecodev\miN\drc10-17 10 (' \ I I .,;) I, ~."'I i , I i , i i I ~\ ''1 ,,/ 'I '~ ,I,;' " l' ~ ~i~$" c;-.r-1 . n I~ , I ~ " ~ - , _.,~ )"',:",""":'1' 0, ".-, ,4::., _.-4~. , .. ,."'.',-.',,-':..:.,'.,.'1..,, 'I"'" , , ", c.. i ~) i d~ ,~.__.~ ;T[;i.~,. " ~\ l ,. \,"'1, "~t:I" " '~: , .' , . , '-. -.. ._.~\..... " , "', __,. ), ,', ',', ".."" '_.~'. ".....';, .;'.; ~.c; .. ..,;, c.. . -; c.',..' .,';c. . -,"~'.- ',; " "," ,..-'. . '......,.,.,.., '--' MINUTES IOWA CITY DESIGN REVIEW COMMITTEE MONDAY, NOVEMBER 28, 1994.4:00 P.M. LIBRARY - CONFERENCE ROOM C rJ In 1:' ~ / 1 "td~B.IMINP Ir.ny '~UbJ8ctt ~~~ L_ 0 Approval MEMBERS PRESENT: Clara Swan, Laura Hawks, Bill Nowysz, Larry Quigley, Nancy Footner, Gary Nagle, Ruth Fox, Karyl Larson MEMBERS ABSENT: Gilda Six STAFF PRESENT: Terry Trueblood, Sherri Thomas, David Schoon RECOMMENDATIONS Recommended, by a vote of 8-0, that during the Council's upcoming budget discussions that the Council give special consideration to budget requests for the maintenance and replacement of items within City Plaza. Given the age of City Plaza, the Plaza requires more than the past general maintenance expenditures; it requires significant expenditures for repair and replacement of items in the Plaza. Recommended, by a vote of 6-1 INagle voting no), that the Design Review Committee membership requirements remain unchanged. That is that the enabling resolution and by-laws should continue to state that" At least two-thirds of the Committee members must be eligible electors of Iowa City, and the remaining one-third may be eligible electors of Johnson County. " CALL TO ORDER Chairperson Swan called the meeting to order at 4:05 p.m. DISCUSSION OF CITY PLAZA MAINTENANCE Swan stated the Committee had some discussions and some concerns about the maintenance of City Plaza. She noted that in the Committee's packet is information on the Parks & Recreation lP&RI budget for maintenance operations in the Central Business District ICBD). Terry Trueblood, Director of Parks and Recreation, and Sherri Thomas, senior maintenance worker in charge of the maintenance of City plaza and the entire CBD, were introduced, Following introductions, Trueblood discussed generally the comparison between F.Y. '86 and F.Y, '96 budgets, particularly with regard to the increase in personnel involved in CBD maintenance and increased expenditures in the area. In response to a question from Nagle about how certain items were placed in the CBD maintenance budget, particularly a pick-up truck for $11,000 and a skid-loader for $25,000, Trueblood responded that the equipment was primarily used for the maintenance of CBD, but that it could be "borrowed" by other areas of P&R the same as other equipment charged to other P&R budgets could be "borrowed" by CBD maintenance. ~~~s o '),., , r - ,.. I :'S I 0", , . 10, ~lJ:.2t.r:, \ l "" . "I ' \\ j:~ , , -. ,.' . .. ;.,1', ", ,_~ '- ~ ,"'" ',,:, ;.,.,.,.~," ,".__".',,' ,,-, _"_. . ." ;'. ,'. I', .' .. _'. Design Review Committee November 28, 1994 Page 2 Larson expressed concerns she and other members of the public have regarding the condition of the Plaza, She asked about what happened to the "adopt a bed" program. Trueblood stated that the program was established by volunteers to plant and maintain the flower beds, but over a couple of years the volunteers burned out Thomas added that during the" adopt a bed" program the city did put in more hydrants and provided hoses, etc. to assist the volunteers with the program, but after a couple of years the program dwindled to nothing. And today when people volunteer to plant a bed they expect the city to water and maintain them, It requires a considerable amount of time to maintain annual flower beds. Trueblood said it is increasingly difficult to maintain the Plaza since it is aging. As a follow up to a comment made by Hawks, Swan stated that the Committee could recommend that additional funds be made available for brick and timber repair. Trueblood said often when the City begins to repair and/or replace an item in the Plaza, it finds the problem to be more detailed and expensive than was first thought. An example, is that the tops of the post the square stools are on are deteriorating, and to repair them requires digging up the post, which are buried 4 to 6 feet in the ground. Trueblood added that in replacing 15-year-old outdoor furniture the budget must look at what materials should be used: similar materials or something else entirely. In response to Larson's question regarding who would choose the new furniture material, Trueblood stated that City staff would recommend alternatives, such as replacement with identical or similar materials (possibly with recycled plastic/metal), and then the Parks & Recreation Commission and Design Review Committee would review the staff's proposal and make a recommendation to the City Council. 10 \ There was also discussions regarding the need to: replace timbers on the trellis, replace the wooden garbage cans, replace the checkerboard, and replace the playground equipment. Trueblood stated that the checkerboard needs to be entirely replaced, either with similar materials or possibly with bricks (at about half the costl. In response to Fox's questions regarding the "the history of "checkerboard", no one knew if there is a special meaning behind the "checkerboard". In response to a question of Trueblood's, the general consensus of the Committee was that it did not object to brick being used instead of timber. ,? .1 c \ ~ Swan asked when and how often is the Plaza cleaned, Thomas stated that during the week and on' SatL)rday and Sunday mornings. r,..~ . " Trueblood discussed the situation with the playground equipment which currently does not pass ADA or Consumer Safety Requirements. He is requesting funds in the upcoming budget to replace the existing playground equipment. I I : I 'I , , i i b I' " L 1) In response to Hawks' question regarding whether or not staff has considered hiring an outside consultant to review all the repair and replacement needs of the Downtown Plaza, Trueblood responded no. The Committee then discussed this issue. Nowysz stated that if the area is going to be simply maintained it would seem feasible to simply make replacements with the same materials without redefining the whole concept; perhaps hiring someone to design the playground but not hiring a landscape architect to redo the entire Plaza unless everything was completely redone. Trueblood stated that there have been no design changes ~8~S (- . i,; _~~___ . .~-,- - ~ T-W"~_ -- 'Ol~)., I jt... .~, ,.,f 10, .- ., ,~:,'ffi j'", '" . "t ',\,,'.', . , ,',; 1 -. ,.. . ...--:;-..:.,..,...'" ..' ~'~'J..,"<'" :" ""_.:.'v_,",,>;,,,,,, ",.:'"-',:""..", ,.., Design Review Committee November 28, 1994 Page 3 in mind, simply replacement with similar or better materials which make it easier to maintain. Swan said the Committee will help in any way and suggested an early involvement on the part of the Committee would prove more successful. Nagle suggested that it would help if there were a master plan so that maintenance and replacement would not be fragmented. A design consultant could be helpful in organizing and making recommendations based on codes, regulations, standards and technologies. Hawks stated that she would support hiring a designer to suggest ways to maintain continuity of the Downtown Plaza while repairing and replacing Plaza fixtures with similar or new materials. Quigley stated they he also favors use of a consultant, but he questions changing materials used in the Plaza, He favors continuing to use existing materials. Nowysz suggested that the City hire the original designer on an on,call basis to provide P&R with resources and guidance, while not requiring the expense of hiring a consultant to prepare a master plan. Footner stated that type of arrangement would still allow consideration of new materials. Larson favored the idea of hiring a consultant on a limited basis-not to redesign just to assist with maintenance and replacement. Swan concluded that the general consensus of the Committee was that a consultant, preferably the original designer of the Plaza, be used on a limited hourly basis. Swan and other Committee members offered the Committee's assistance on any downtown 10. projects on which the Parks and Recreation staff are working. The Committee also expressed its appreciation for the maintenance of the City Plaza, now that the Committee has a better understanding of the large scope of the job. Trueblood and Thomas left the meeting. \ Nowysz moved that during the Council's upcoming budget discussions that the Council give special consideration to budget requests for the maintenance and replacement of items within City Plaza. Given the age of City Plaza, the Plaza requires more than the past general maintenance expenditures; it requires significant expenditures for repair and replacement of items in the Plaza. Quigley seconded. The motion carried 8.0. I ,~ \ A "..., " CONSIDERATION OF AMENDING THE ENABLING RESOLUTION AND BY-LAWS TO LIMIT NON.IOWA CITY RESIDENTS SERVING ON THE COMMITTEE : i . i Swan briefly summarized the issue. Nagle stated that he thought Committee membership should be limited to those people who work or live in Iowa City. Quigley suggested anyone who spends time downtown should be allowed to have input as a member of the Committee. Hawks said if a person is interested in serving on the Committee it is because they are interested in the downtown. Nowysz suggested that a person could live outside the area but still be interested in the downtown. Footner would not be in favor of limiting membership because the community extends beyond the city limits. , , I . I : ~I' I, I , I , \ ~ "a Footner left at 5:30 p.m. , . ., , ....1 ~'J :;i, 'l-' ~~bS G:'-" .1 0 :"'- --------~- , , 'v--- '_.' r '= ---. '~0_1'\ I 8 /5 ' ~O. .~I;t:f.':' i, '" . :If' "1,\1" , , '.. , '. , ,.' :.\ , -,--~""",,"'.','.., -,'.,,,.'....~. :"-'-'..-.;., .~; ",:.,,~_.,'..,.,~'~..: .,_.,., ...,;' ,'..,,',"",..-.. ....,....~'.._...,--. Design Review Committee November 28, 1994 Page 4 Larson stated that determining whether a person is qualified to serve on the Committee should be based on the ideas and contributions relative design that they could provide, not their place of residence or work. Swan agrees that the community extends beyond the City limits, Swan stated that if someone wants to give their time and talents to serve on the Committee, they should be allowed to serve. Nowysz stated that the Committee membership requirements already require that more than half of the members must live in Iowa City. Hawks moved that the Design Review Committee membership requirements remain unchanged. That is that the enabling resolution and by-laws should continue to state that "At least two-thirds of the Committee members must be eligible electors of Iowa City, and the remaining one-third may be eligible electors of Johnson County." larson seconded the motion. The motion carried on a vote of 6-1 (Nagle voting no). COMMITTEE'S FUTURE SCOPE Swan suggested that the Committee focus its efforts on enlarging the scope of design review to include all properties within the CB-1 0 and CB-5 Zones. Nagle stated that he would like to see something added about special projects such as the Eagle store on First and Muscatine Avenues. Swan stated that she feels that the Committee's first goal should be to start with the downtown area, a small and workable package, and then to consider other areas of the community at a later time. Nowysz stated that the CB-5 Zone and CB-' 0 Zone would be a start. He suggested that the existing guidelines and application process be reviewed to ensure that the process is easy and runs smoothly. I I 0 Larson moved that the Committee focus its attention at expanding the design review scope to include all properties within the CB-5 and CB-' 0 Zones. Hawks seconded the motion, The motion passed 7-0, [ Nagle asked if the Design Review Committee would have been consulted on the Eagle's project if the Committee had requested it earlier on in the process. Schoon responded that he did not know. He stated that the City Council entered a conditional zoning agreement with the developer requiring that the building elevation and site plan be approved by the Director of Planning.and Community Development prior to construction. The agreement did not state that the Design Review Committee would be involved in the process. In response to a question from Hawks, Schoon stated that the building elevations and site plan have not been submitted yet for tho director's approval. ;,' Swan stated that the Committee could send a letter to the planning director about the Committee's concerns regarding the Eagle's project: ~ >, Quigley asked why the Design Review Committee could not get involved now. Schoon stated that the City Council had already made the agreement with the developer.. which did not include review by the Design Review Committee. For the Committee to ask to be involved in the process now would probably not be appropriate, as the developer entered into an .~ m " {C~"~._.~.: ~. L~-- - -.-" '~ ~ ~- '0. ,1': ~B'S 1':5 ' 10, .~~~\. '.' " , I . ; (,\,: .;. -......,..,' '. ''':'' ". ';-'" ",~t,~l'l.''''' ' , ,- ". .. :. ~ :, -," "'': .' " :~' ;" , ,,,'" ,.' i.'.:~;:..',,,,,,,,,,_,,~<,,_:,.~_,, ,~.. r,,;'. .~-,~,:~~~~'~:__.~.~~;',,~-,"~,,-:;.::.~.~,~~L.~'.~~~~~/...~;;~~~:.;'''''~'_''':';'''''~I<~.~_~;',,:i~~:':J'''''(:''o'';,'_'~''''\_'",;".~"..~,_.."~,...;,-,_",,~,~~,",,~"':""',~~~,,,_..'..~ _., .:,: ' " Design Review Committee November 28, 1994 Page 5 I agreement without the expectation of having to submit the project to the Design Review Committee for review. Swan appointed Footner and Nagle to a subcommittee to draft a letter to the planning director outlining the Committee's concerns regarding the proposed Eagle site, The subcommittee would submit the letter next month for approval from the Committee. Swan appointed Hawks and Nowysz to a subcommittee to review the existing design review procedures and criteria. Swan also appointed herself, Fox, and Larson to a subcommittee to review how the Committee plans to approach the Council and the downtown community regarding the issue of expanding the design review scope. '. CONSIDERATION OF MINUTES OF OCTOBER 17. 1994 MEETING Hawks moved that the minutes as written be approved. Nowysz seconded, The motion carried 7-0. COMMITTEE DISCUSSION The Committee agreed to have its next meeting on December 19, 1994. Swan suggested that the Committee ,hold an informal Saturday morning work session in January to discuss the issues before the Committee - a type of brainstorming session that has proved beneficial to the Historic Preservation Commission. CD , ' Schoon noted the letter form Councilor Pigott to the rest of the Council regarding sidewalk cafes. PUBLIC DISCUSSION , , !~ (' \ ,There was none. i I .t . ADJOURNMENT ..:> (...1 I I I Swan adjourned the meeting at 6:20 p.m. \ccodov\mins\drcl1.28 I I I 1\ II it :-', J J' ., 9,;! ~~ ~. , "( -;--_.. .,,~:- , h,. · .~ > ..... ....,=.........'.,." -~ . .,' =~~ , '),: ....,0 )""'''''''' "'Co'", , '. ,', . ,',' . , " " , ~i'S ""....".....".."T;:"'4 .,{; ...,,1I I' '. " , '. . ,': .. []/ .i ,,;<, '- .~~EN', ~\;1\ I 0;:; r \ ,~ r... f ( , ! . ! I 1,1 , ' , ' ; i , .~. , , I' : I : \ ~ )1. r t~ xc 0 " ~. - I . , '~f;.,\'"t , .. :'.... , . 1 " . ..~ " , . ' '. .,... ,_.." ,.'..."....._":.,, ",.,',\,.,'" ;....._"'."_;...,,. ..:..;.:",~..., ". .._,~ -;>.'._..,.._~,.,. ".._........n .~ ,.. ,.,'~-"..,._--"._^' MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDA Y/ OCTOBER 24/ 1994 - 5:30 P.M, CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Trey Stevens, Cordell Jeppsen, Roger Christian, Tim Finer MEMBERS ABSENT: Eric Rothenbuhler STAFF PRESENT: Shaffer, Brau, Helling, Burnside OTHERS PRESENT: Lida Cochran, Doug Allaire, Steve Wurtzler, Beth Fisher, Mary Jo Langhorne, Rene Paine RECOMMENDATIONS TO COUNCIL: None. LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION: Cable TV franchise renewal process. SUMMARY OF DISCUSSION: The Iowa City schools are in the process of a major technology planning process and a stronger emphasis on video opportunities for students is expected. PA TV will submit a proposal for how the proposed Community Programming Coordinator will operate. PA TV will hold their annual meeting November 17 in Library Meeting Room A from 6:30-9:00 p.m. The library has developed a training program so organizations who wish to tape events in Meeting Room A can contact certified individuals to tape their event. TCI expects to have their response to the draft franchise and draft ordinance finished by October 28. Federal telecommunications legislation has died in the Senate, but will likely be introduced again next session. TCI/s plan for a 17Q increase in expanded basic charges is in compliance with FCC rate regulations according to a report from the City' s cable consultant. CALL TO ORDER: The meeting was called to order at 5:40 p.m. APPROVAL OF THE BTC MINUTES: It was moved by Jeppsen and seconded by Christian to approve the September 21/ 1994/ minutes. Unanimously approved. ANNOUNCEMENTS OF COMMISSIONERS: None. ~f'~ ;~i-'''''''''''"" ')'.:":..... , . ,', , .,), ''. __.. '"' MI_ o A U1 " .i . ,./5 ,I [j, .~~~~11 r ~"_..., l \ \ I \: ~ (.};.;.~ : . , ," I I ! , !, ; ~: I: " : I , I '~ '~;-I , I\"~; f~~L!1 . ,v,.~ --' ~g,,(o 1:'5' ~[l ;' I .. , :, . .r~' \ 'I ' , ': .. " . :.\', " ____. ..' .". ..._~.,....'~."..,.. ,_','.',-., ....".".:..,' "c."".__ .;",..... ,.._" . ._". ;':. '..; -.. :., '. . Broadband Telecommunications Commission October 24, 1994 Page 2 SHORT PUBLIC ANNOUNCEMENTS: None. ECC REPORT: Mary Jo Langhorne reported the Iowa City School District is in the process of major technology planning project. More emphasis on video, including broader video production opportunities for students, is anticipated. Shaffer has been a participant in the technology planning task force. A list of programs cablecast by the Iowa City Community Schools was distributed. Stevens expressed his support for the expanded video production opportunities for students and said it has been a long-term goal of the Broadband Telecommunications Commission to encourage more student involvement. PATV REPORT: Doug Allaire reported that at the last PA TV Board meeting it was voted unanimously to take on the responsibility of community programming by virtue of being the proposed Community Programming Coordinator with the proposed pass-through funds. A formal written proposal to the City is being developed. PATV is suggesting they hire and supervise the Coordinator. Programming decisions would be made by an advisory committee composed of one representative each from the Government Channel, the Library Channel, the Education Channel, the Senior Center, possibly one from Coralville, and two from PATV - one from among the appointed members and one from the elected members. The Community Programming Coordinator would be funded by pass-through money and would program a separate community channel. The Coordinator would have an office in the new facility and would not be located at PA TV in the interim before a facility is secured. The PA TV Board also believes anticipated pass-through funds of $40,000-$50,000 per year allocated to the CPC is not very much. Paine announced the new staff assisted programs. These are programs PA TV has decided to co-produce or produce themselves. The programs include a local news show, It's News to Us, The Sanders Group. The Other Species, Adopt A Pet, and a music instructional program, Tom's Guitar Show. Programs will begin being cablecast in mid- November. PATV's annual meeting will be November 17 in Library Meeting Room A from 6:30-9:00 p.m. PATV's program listings are now available on the University's Panda computer service. LIBRARY REPORT: Beth Fisher reported that members of the Community Television Group's sesquicentennial project met with Helen Gunderson of Iowa State Media Services who offered assistance and suggestions. Committees were developed and a time-line established. The proposal was presented to the Johnson County Sesquicentennial Commission on October 12 to apply for funding. The Commission is still in the process of developing the grant applications. To accommodate an increase in requests to tape events in Meeting Room A, a training program for PA TV certified community producers has been developed. The library will be able to refer the public to a pool of trained producers to tape their event. An equipment failure at TCI's head-end resulted in several outages on Channel 11. TCI has corrected the problem. ":,fr" '~~..."""..~'-" ,t,~_ ._-- --'~'.'1' ., - ~.. , . -:'~ .' 0, ), , . , ". "'. "".....,A.,-,..""..., I o I - '.. .r~'. .' . l~ ' f'j , ',- .~:~i~'\'II' . , " .'. ,'.. .~' .. " " ~,I " ' , ..,... ",' ........-.";"....,:,,..,..:.. ~. \ _ .__ _._~ .~"....,......."L "''''~' __.~..., ._, ,~..;__.. t: _.. """ ~_ "'~'HI~ ",',-_~ ~~. --,_...L. ,,_ , ~ '" ,....", ,~,__';"'<' ".. ~.._..... """'_ . "---- '. :' Broadband Telecommunications Commission October 24, 1994 , Page 3 .. LEGAL REPORT: Burnside reported she is waiting for TCl's response to the draft franchise and draft ordinance and will be reviewing them when they are available. TCI REPORT: Shaffer said Bill Blough was unable to attend, but reported that TCl's response to the draft franchise and draft ordinance should be ready by October 28. .' CABLE TV ADMINISTRATIVE REPORT: Shaffer reported the telecommunications legislation which was before the U.S. Senate has died, but will be brought. up again next session. Letters expressing the concerns of the City are being developed and will be sent to key legislators prior to when new legislation is introduced. Discussion regarding an interconnection with some of the surrounding smaller communities is continuing and the University of Iowa has also become involved. Shaffer received six complaints - two about the rate increase, one about the removal of the Preview channel, one requesting an annual or semi-annual payment option, one about a cable needing to be buried, and one about a billing problem. The Infovision Annual Report, Government Channel 4' s interactive service, was distributed. The use of the service continues to grow. PATV CONTRACT RENEWAL: Shaffer explained' that renewal of PATV's contract depends on the completion of refranchising. A refranchising negotiating session with Jean Rice, the City's consultant, and TCI is scheduled for November 8 and 9. ....--.: l','; ',; J'" c\\ " """"" 7~~ RATE INCREASE: Shaffer reported the City has filed for an extension to review and respond to TCl's request for a 179 increase an additional 90 days. Rice, Williams analysis shows TCI is in compliance with FCC rate regulations with the proviso that the representations made by TCI are unaudited. If the unaudited representations are taken at face value, there would be no need for a public. hearing. Jeppsen said the BTC needs to perform a watchdog function, especially in light of past difficulties getting information from the company. Shaffer said requests for rate increases will probably be quarterly and according to Rica, Williams, the chance of an audit finding an error is small, especially in light of the approximate $10,000 cost for an audit. Over the long-term, the possibility of a random audit may be best. Stevens said that the possibility of having the company pay for the audit should be explored. Shaffer noted that subscribers' bills will also show a 3-49 increase due to new regulatory charges by the FCC. ;.." l_~ ~s~~ ,fr.' ~- "_..-.. -", '.1" l..__ 0 . _.~------_._--- ."7......- _ ).-,.:;,..."'. '," ',".'.' . I, ",",_.,'.". ',__n',',_ 0., . ~. .......r....... .~ '5' " lV, \,' ~ I .!. ,. t D, - ~ .... ".., ': ;, " J~'t~~; :~ ':'.,i " j c:' \ .~ (~ I I I I I I I I I I ~ I I , I I ~. ~'I ~ .' . ',.-" ~" " , , i' '';'- ., " Broadband Telecommunications Commission October 24, 1994 Page 4 ADJOURNMENT: ',".' .\.... . . ~ r " '" .. "" . " It was moved by Christian, seconded by Finer, to adjourn. Unanimously approved. Adjourn- ment at 6: 15 p.m. Respectfully submitted, OJ IbIC1IJ.24.mln t"-' . """. ';"'\j.~"' .' .., I ~ . . .0 .. .'. , .... 1\' .'. . -', .", . "" '. 7?""-"&'~ :~'--":. . .--:'> . ,,' 0 "". ".'. """. . ~~"" · .J:,':,.,"'" "c"';, ,:""."-"--"':~"''''l'\'''' ',,' . ,"):' , , lEi 1 ,.Lt.' . ..,~' \~,' .', '.1' ' " ' I....... " I I r.. o ,I' ., ld, ,-,.,' iilli';ii11 :. ,.~ . Of'; ......,__. .c..'".,.. ,\~ ~D\:\) , C ;,: i I i ~ , ~i." C ~ , ., (., .. .. .. , ", ~t ~ 'I' I '" . ~ .. .. ''':,' .'.;' 1 ""P. . "'.,.,". ; . , '-... ,;' . _.__.._~_. _."-",.,,.'....c-..,<'-"_.c.~ ........,_....._.'._/L.. ",.~. .,,, "''''''''_.'''.' .-....., ".,.-C'...; '.:,'."" "'..h'.' '_""..;",.: ~,...,'.' ','.\~'. ".,' ,c,., .~,_"....'o..L-". A. .__._ " MINUTES CHARTER REVIEW COMMISSION NOVEMBER 16, 1994 - 5:35 P.M. CITY MANAGER'S CONFERENCE ROOM Patt Cain presiding. Charter Review Commission: Cain, Egli, Geasland, McCullough, Penningroth, Ringgenberg, Rhodes, Willis. Absent: McDonald. City staff present: Karr, Smith. Tape recorded on Tape CRC 94-9, All. COMMISSION ACTION: Moved by Rhodes, seconded Geasland to approve the October 12, 1994, and November 2, 1994, CRC minutes. Motion to accept minutes carried, 8/0, McDonald absent. 3,'1. Moved by Willis, seconded by Rhodes, to move initiative and referendum to the resolved list. ~"_\'." c,,<V'..<:..~, ~ 10 , \'1\<.. s:Jo"..\d. '\Io~....",,,, Majority of CRC members agreed to delete election mechanism from the pending list. Moved by Willis, seconded by Rhodes, to keep districts on the pending list for further consideration. Motion carried, 8/0, McDonald absent. "" . ~ J I , I Moved by Willis, seconded by McCullough, to keep Council size on the pending list for further discussion. Motion carried, 8/0, McDonald absent. Moved by McCullough, seconded by Willis, to keep campaign financial disclosure on the 10 pending list for further discussion. Motion carried, 8/0, McDonald absent. Moved by Ringgenberg, seconded by Egli, to move Mayor selection to the resolved list. Motion carried, 711, Willis voting no, McDonald absent. Moved by Egli, seconded by McCullough, to move Council compensation to the resolved list. Motion carried, 6/2, Penningroth and Willis voting no, McDonald absent. Moved by McCullough, seconded by Rhodes, to move limitation of term of office to the resolved list. Motion carried, 7/1, Willis voting no, McDonald absent. Moved by Rhodes, seconded by Willis, to not change Article VI, and requested the City Attorney comment on Section 6.04. Motion carried, 7/1, McCullough voting no, McDonald absent. CALL TO ORDER. APPROVAL OF MINUTES: Acting Chair Cain called the meeting to order at 5:35 p.m. Moved by Rhodes, seconded by Geasland, to approve the October 12, 1994, and November 2, 1994, CRC minutes. Motion to accept minutes carried, 8/0, McDonald absent. ~ ~(o7 r';-=F'~~~~~_.'~__ - ~~~= -~ --;'O),:h I I L i 'It:' 0'," ,,' " " ::;:,'sr~~ .{ ( _. \ (:~ ( ;, : i I : I , , 'f' 11"'( II " : I " '1 ~ .' . , .. . "r' ....\1:, , , .. , -, "" . :.' , .,..,,,.,,,,. _0,\'......."., .,-...- Charter Review Commission November 16, 1994 Page 2 OVERVIEW OF ISSUES: City Clerk Karr presented an outline of pending, resolved and recommendation issues as follows: Pending Elections Nominating and electing district Primary and general voting Mechanism Districts Number Representation Neighborhood Council size Initiative and referendum Campaign finance disclosures Follow-up enforcement Discrepancy between local and state requirements $ 50 limitation Mayor selection process Council compensation Resolved Council/management form City Manager duties 2.10 vacancies Term of office Recall Recommendations Non-discrimination Ilr\ r INITIATIVE AND REFERENDUM. Cain stated she would like to not change the charter's initiative and referendum. Rhodes noted that CRC received the article, California '5 Elected Anarchy. Moved by Willis, seconded by Rhodes, to move initiative and referendum to the -:>'~ ,resolved list. ~o.ho" C",'('ie..\ \ "l'\o \ Y\\<"D"I\"'\J-. ",b~...,,-I:, CAMPAIGN FINANCE DISCLOSURE. Penningroth asked about campaign financial disclosure and campaign contribution limitation. Karr stated the limitation on campaign contributions is set out in the City Code Section 1-9-2 (formerly Chapter 10, Electionsl. Karr explained the charter allows Council to set,the limitation. Karr noted that there is a difference in the state and local campaign financial disclosLn'e provisions. ELECTION MECHAtlJISM. A majority of CRC members agreed to delete election mechanism from the pending list. ELECTION DISTRICTS. Moved by Willis, seconded by Rhodes, to keep districts on the pending list for fmther consideration. Motion carried, 8/0. COUNCIL SIZE. Moved by Willis, seconded by McCullough, to keep Council size on the pending list for further discussion. Motion carried, 8/0. CAMPAIGN FINANCIAL DISCLOSURE. Moved by McCullough, seconded by Willis, to keep campaign financial disclosure on the pending list for further discussion. Motion carried, 8/0. ~'iCo7 ::(, '_....~,3'"'_U.- , '\ '. .--.. "'''IU_~~ ',n _'_u__ _O'~".", 1/, 10, ,- ;1gJi~, ,,..~ " ( ..'~ c-"l \ g:~ , \ ;, , , i j ! , i ~' I " ~lj ~".' \ "~.' , ') \.", il. l',;' ~~" [, :,t-~" ~8"1 [ n. /j , gO, . ,-j , .' . ". . "\\\1' . . '~ , ,.i' , ., :! . ., " _. """'.. ."..'.....1. ,~. '- ;.'~:_' .,. ..,:;...:., .:.i _ ~_~ .;; ~..., '. _ . .h. _""'.'''' c_ ';.. . Charter Review Commission November 16, 1994 Page 3 MAYOR SELECTION. Moved by Ringgenberg, seconded by Egli, to move Mayor selection to the resolved list. Motion carried, 7/1, Willis voting no. CRC agreed that motions to reconsider issues should occur under the rules of order requiring a super majority. COUNCIL COMPENSATION. Moved by Egli, seconded by McCullough, to move Council compensation to the resolved list. Motion carried, 6/2, Penningroth and Willis voting no. TERM OF OFFICE. Karr reviewed the resolved list. Willis asked about limitation of number of terms. Willis noted that CRC agreed the tenure for a single term should remain four years. Karr stated CRC received May 23 correspondence from Iowans for Term Limits requesting the matter be placed on the ballot. Moved by McCullough, seconded by Rhodes, to move limitation of term of office to the resolved list. Motion carried, 7/1, Willis voting no. Cain summarized that elections, districts, Council size and campaign financial disclosure as pending issues that need to be discussed. Penningroth commented on the election result figures distributed at the September 28 meeting and distributed statistics of Iowa City election results 1977-1993. Karr said that satellite and absentee voting figures do not show up in the precinct totals. Penningroth stated three times the candidate who was elected by the district was not elected to Council. Ringgenberg inquired about CRC schedule and the timing of recommendations to Council. Cain stated CRC talked about holding a second public hearing the latter part of Januilry or early February after the CRC has decided upon recommendations but prior to forwarding those recommendations to City Council. Karr stated that the Commission wanted to hold a second public hearing if the recommendations were substantive, noting any ballot issues need to be sent to the auditor by the end of August for a November election. Rhodes stated that the Charter Review Commission should establish preliminary recommendations, hold a public hearing if needed in January, and forward the recommendations to Council by the end of February or first of March. Karr stated that the Council does not have the authority to extend the life of the Charter Review Commission beyond May 10, 1995. Cain pointed out advantages to completing the review process prior to summer. Karr handed out a November 16 E-mail message received from Rusty Martin asking for CRC members' availability for talk show progr.ams. CRC members discussed drafting recommendations or proposals. Rhodes suggested that CRC subcommittees could highlight the issues or present proposals. Karr said draft rilCommenda- tions could be mailed out in the CRC packets next Wednesday (11/23) prior to the November 30 meeting. Rhodes asked if a computer program is available to present a geographical breakdown of Iowa City based on population. Karr explained districts' breakdowns are based on census figures. Cain said that everyone should look at the districts' issues. Ringgenberg said the Commission should plan to consider elections, districts and Council size at their next two meetings. Commission members agreed to address campaign financial disclosure issues later in the meeting. ~- -_:..... -- ~- _ ~-o_),:,' , "'-".,,,.- "" ID I .!. .,.',,--, '...,: .~~;,~:. , "" i.-\:,'" :,.".-:'. . -:,:,,;>,~t~"\ '; i .."... " ., ',-. t. ..'. ' . '. ~, ' . .' , .'~":.:..':.I_ _____...:..~~~'~:'"''"'~=..:_;:~~.~.......;.......J....~"~"l..,..I..::.J.,:''.~..',~~!'~.:,~*":"~~"''''''~_I!''~'''~I''' u... ,',"' .....~ ....... '__I <:>.:., ....."" ....."'u...."..._.......____._ '" ~' ,,,. -.:'.' " " ,". ..: Charter Review Commission November 16, 1994 Page 4 > , CRC tentatively scheduled their next two meetings for November 30, 1994, and December 7, 1994. A tentative date of December 14 was also reserved. Everyone agreed to prepare proposals relating to elections, districts and Council size. In response to Cain, Karr stated she can provide copies of earlier Charter Review Commission minutes upon request. ; ,I CAMPAIGN FINANCIAL DISCLOSURE: McCullough explained the difference between the state rules and city rules are that there are no limits on individual campaign contributions under state law and there are at the Iowa City level. "', 1 I .I ! , Penningroth noted that Section 6.01 should be changed to say" ...shall prescribe limitations on the amount of campaign contributions made by a person..." " , Willis stated that the city's $ 50 limitation expresses ,a community value and should be kept. Cain stated the problem is because of the difference between state and local requirements. McCullough stated the state's rules and recording forms are extensive. CRC discussed enforcement. McCullough stated campaign financial disclosure forms get filed at the county level but do not get reviewed or audited here. Forms are reviewed at the state level. CRC discussed Sections 6.02 Disclosures of Contributions and Expenditures. and Section 6.04 Violations. Cain noted that Council has established a limitation but has not established penalties for violations. Karr stated she will ask City Attorney Woito to review Section 6.04. McCullough requested that the City Attorney contact Kay Williams at the Campaign Finance Disclosure Commission regarding state law preempting any local campaign finance limitations. Rhodes asked the City Attorney to check with the State Attorney General's office on the inconsistency between local ordinance and state law. Penningroth noted that Section 6.02 states, "The council, by ordinance, may prescribe procedures requiring immediately before and after each..." and in Section 6.04 states, "The council, by ordinance, shall prescribe III penalties..." Moved by Rhodes, seconded by Willis, to not change Article VI, and requested the City Attorney comment on Section 6.04. Motion carried, 7/1, McCullough voting no. .,r;'":..... l.. c"\' \, >,\\ ~ ;,~..... ( ( I I ~ Meeting adjourned at 6:50 p.m. ,..f' , (Revised Charter Review issue list attached for reference purposes.l clerklcrcll.' a.min '. ~ 1fD1 , C' :.~,I.... .".'~ .-, n_~""~~~~"'~~~QiVJ~~ (;) . "......'.. .' :", .' " . - - '" -,,' . - : -' ,- ,':., ...'.' "::'. ',:"" ~,'.:"", . ,', (:,,'" .. \7_,....-..-.' ' i ~ ).-.'.'..'...'.:'..."^"'....'.'.'"'.:.......-... _<.,:'q"".. ij:i,\,' ''........ ". . '1.'0."""'- oM'...r-:'~"';." . ", t. l"J '~ .'.': . .~.. ~:-; ,'" .....1, ~, ,:A .<.:.,l.l . "'1. ,,::,.,:,",' " ..' . ."..." "'>'. !f ,cO; .....'\ ..; 'CP~'.:~:::~::,:..,-:.._:...~~.;.~;....;'..;';;..~'~~l~~;.:.:.~...:.:~~:~~~~\~;~l~':~'~~~~:~l,:~~~j'l~l~.~~;..~i^":'"'~"~'-'''l~''''P",',,"''~{"'~"'~'~=oJ.~~~~~;~>'~"':''''~''-''''''''~;~_~'_~',.'.''.,'-, '..' ., Charter Review Commission November 16, 1994 Page 5 Revised issue list per 11/16 meeting Charter Review Commission Pending Elections Nominating and election of districts Primary and General Voting Districts Number Representation Neighborhood Council Size (Number) Campaign Financial Disclosure Penalities (6.04) 6.01 Person (7) { (~ '\ ...\l f/- r! I i , i I Ii I I ~. "I, l""'~""- ~Ial~~ ':...,..J]... Ir <l"i~- . .. ,~~ 0..'" ,", Resolved Council/Mgr. Form City Manager Duties 2.10 Vacancies Term of Office (4 years per and no limit on 0) Recall Initiative & Referendum Mayor Selection Council Compensation Campaign Finance Disclosure (Follow-up enforcement; Discrepancy with State; and $ 50 limitation) Recommendations Non-discrimination ~~"7 ~ ;),.u,.."......,,,....,,,.,,..,.......,,......,,,,..,," .."..""....,,' -\"'''''''' , '/o,>:'bk\,". '... ':;5 .'. .. ~;,.. .,' ~_ .... ~ '. .....)~'~.:!~','<:.,,;i;~,.::,..,..,;:;. ' .', ,', <i_"~" .'. ' '~::;~- , 1 l I .'t .,',\- Q lo, .".. . ;T ,,>', ,r~ \~ \0) I , .' (- \ ..>1 f:~., , " , ' , I , I I I , I , , : i i I' I. , I I, , , , , ~j ;l~, ' ~i P.,., l. '.C. ~""'l"J"- . 0 , \ .. . . ~ t : \ I , .. ", .. " . ~ " "" . :.' . "'. . .. ,.~.... .~.,'__.... L.'..4.,.' .".....-..-...-, ...,.~".....",.'.- "",-",-,,;,,-, MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 17, 1994 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval, "' MEMBERS PRESENT: Ann Bovbjerg, Pete Cooper, Sally Dierks, Dick Gibson, Jane Jakobsen, George Starr MEMBERS ABSENT: Tom Scott ST AFF PRESENT: Franklin, Holecek, Miklo, Nasby, Rockwell, Haring RECOMMENDATIONS TO COUNCIL: 1. Recommend approval, on a vote of 6-0, that the City Council forward a comment to the Johnson County Board of Supervisors stating that CZ9449, an application submitted to Johnson County by William Frees to rezone 107 acres from A 1, Rural, to RS3, Suburban Residential, is consistent with the standards specified in the mutually agreed upon Fringe Area policy for Fringe Area 4, subject to the condition that no lots within the rezoning area be allowed access to Fox Lane until Fox Lane has been improved, or the Fox Lane intersection with Highway 1 is closed, and a safe alternative route to Highway 1 has been provided. 10 2. Recommend approval, on a vote of 6-0, that the City CQuncil forward a comment to the Johnson County Board of Supervisors stating that CZ9454, an application submitted to Johnson County by Vincent and Betty Dalton to rezone 1.5 acres of the 3.5 acre tract is consistent with the mutually agreed upon Fringe Area Policy for Fringe ' Area 3 and should be approved. 3. Recommend approval, on a vote of 6-0, VAC94-0007, a City-initiated proposal to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC Railroad right-of-way, subject to retention of utility easements over the entire vacated right-of-way, and the said vacation taking affect at such time as Stevens Drive and Waterfront Drive are reconstructed, CALL TO ORDER: Vice-Chairperson Bovbjerg called the formal meeting of the Planning and Zoning Commission to order at 7:38 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Rockwell noted a letter, dated November 9, 1994, had been received from Gary Watts, owner of Windsor Ridge Development Company, the applicant for ANN94-0009, REZ94-0013, Windsor Ridge, Tract A. Watts felt some confusion had been created about the intentions and motivations of Windsor Ridge, due in part to assertions made by Alan Weinstein in his letter dated October 20, 1994. Watts requested to have these comments referenced in the formal record of the Planning and Zoning Commission. , ~~,,~ ~'_,_~ ~~:.- - T'. _ ~. . _~-, 0 . :l.'...:. .. ...,':' T 10 ,(' .' .:',) 'I . j:~}ti,ml'; r I .. . ',~r :\', . "" " . " , ....' , . ~, .. .."" '....~ ~.~......"._.,_.'. ,.-".h'....._.....,........_.._A_...._... Planning and Zoning Commission November 17, 1994 Page 2 ZONING ITEMS: 1. REZ94-00 14. Public discussion of an application submitted by Lake Calvin Properties for a rezoning from Medium Density Single-Family Residential, RS-8, to Factory Built Housing Residential, RFBH, for 61.96 acres of land located south of Whispering Prairie Drive. Bovbjerg prefaced discussion of this item and the Green View annexation and rezoning request with the statement that it was the intent of the Commission to defer both the Lake Calvin and the Green View items to the Commission's December 1, 1994, meeting. She referenced the Commission's bylaws, and said on items that are this complex and have the potential for far reaching consequences, there should be at least four votes for or against. With the Chair of the Commission absent and Cooper abstaining due to absences over the past few months, the Commission was unlikely to achieve the necessary four vote majority. Starr noted he would be absent from the December 1, 1994, Commission meeting. Jakobsen said there would need to be a waiver of the 45-day limitation period by the applicants if the items are deferred to December 1, 1994. Franklin reluctantly agreed to the waiver on behalf of the City and Robert and Erma Wolf for the Green View project. Jim Miller asked to delay a decision on the waiver for the Lake Calvin rezoning until discussion was completed on the item this evening. (' \ Miklo said there are no topographical or natural features which distinguish this subject property from the RS-8, Whispering Meadows development to the north. If the proposed zone change is approved, there will be no natural transition. Miklo said it is not possible to provide for a natural transition in this area. The applicant has indicated the intention of developing the subject property with a manufactured housing subdivision rather than a manufactured housing park; however, the applicant is not sure yet as the market may change. If the rezoning is approved, the applicant will have the option of developing either a subdivision or a park. If a manufactured housing park is developed on the property, there is the possibility that Whispering Prairie Drive would be terminated at the entrance to the park. This would make it difficult to ,develop a street network for this portion of the city and would direct much of the traffi!; from this development through the Whispering Meadows subdivision. To avoid this problem, staff recommends the rezoning be conditioned upon a requirement that the property be developed as a subdivision that includes the extension of Whispering Prairie Drive south to the east.west parkway. Miklo said the subdivision requirement will provide a smoother transition into the Whispering Meadows development to the north and ensure that there are not three large blocks of mobile home parks in this one location. ,,;J (,~ ! I . I I , . ' I III : i : I ;'\ "1 Miklo said staff recommends approval of the proposed rezoning, subject to 11 design and implementation of a landscaping plan for the site with special emphasis on a buffer strip and vegetative screening along the north boundary of the site; 21 the density of the development shall not exceed eight dwelling units per acre; 31 development of the property shall be subject to subdivision approval including the extension of Whispering ill .j. I," ~l, '" ~g~R ([~~-"~- - ti- :~'~IIT =--.. ' ~o ),,; , 0 " - - ",' , i 10 " Ih ~ /~ ,../ O. ,;J1atlj ('':'' ( .,.\ ,............., l \ \ ,;:.:.!!j ,..(~ (r' ! I I ' . , I I I' , ! I! ; i I: ~ I" :J,..,) '"~ ) \~'i' l' ' lrl!l~ , "I, ';'! .-' ~8'S I .." " ',..1 ; i " , ~ '-. . Planning and Zoning Commission November 17, 1994 Page 3 Prairie Drive to the east-west parkway along the southern boundary of the property; and 4l compliance with all conditions contained in the Conditional Zoning Agreement entered into by the Sycamore Farms Company for the previous annexation and rezoning for this property. Miklo said if the Commission intends to defer this item, a waiver of the 45-day limitation period will need to be granted by the applicant. Public discussion: Jim Miller , 505 East BurlinQton Street, co-owner of the Sycamore Farms development, wished to know if deferral is necessary for the clarification of specific questions related to the zoning request. Miller said he understands Cooper has been absent, but unless there are specific issues that need clarification, he feels the process has run its course. Miller said if anything still needs clarification, it could be brought up tonight. Holecek reminded the Commission that on Monday night, the Commission had decided if it was not comfortable with voting tonight, a waiver would be requested, Should the waiver not be granted, then a vote consisting of the members present would be taken. Gibson said there were some issues that the Commission feels fairly strong about that have not be addressed, either by staff or the applicant. Gibson said one recommendation concerned a Planned Area Development (OPDHI for the site in question that would leave the zoning as it presently stands. Second, the recommendation by the developer that someone else be responsible for the extension of Whispering Meadow Drive to the east-west parkway, and that a tax abatement proposal be considered for the site. Miller said Sycamore Farms has attempted to respond to concerns heard two weeks ago. Their response mainly concerned the subdivision requirement. Miller said the letter from Sycamore Farms dated November 14, 1994, was submitted in the spirit of compromise, but has only muddied the waters. Miller requested that the letter be .rescinded and that the Commission vote on the proposal as submitted with the conditions recommended by staff. Miller stated these conditions are now acceptable to Sycamore Farms. However, Sycamore Farms will be happy to grant deferral if the Commission feels a deferral is necessary. Starr asked if there are size restrictions in the RFBH zone, even if it was developed as a subdivision, Miller said there are no size restrictions, but Sycamore Farms will provide a Homeowners Covenant to protect the people who do buy their homes, Single-wides, double-wides, manufactured or modular homes, even stick-built homes will all be included. Dierks asked if Sycamore Farms is also willing to accept the RS-8 density. Miller reiterated that Sycamore Farms is willing to accept all of the staff conditions. Dierks said then basically the only change as a result of this rezoning is that single-wide homes will be allowed. Miller said this is correct. .w.;tf._. ,,' _OA., '""'._ ~ , ,r~=~'~"~ o J,,' ..4.." .,.. " _'_,,'.M i i , I , i 1 I I I I I r " 10. .~~ ", ; ,. ',,' ~.~t: \'1' \ 'i. ... .. .. . , : : . ,..,".-..,.,'"....~......_._._.... " ~g~R " , , I'.' /~ ,---,"/",'~. "..,.;:..,:c.:..'.;;....... ";_,..'....,,."0:."_. ,... _ _.,' ".,"'~_,._.....,....'..,'...;,,,.c,c;..(,;....'-'.~.".._..;.:_;..,.~..,::.,~,.,.l. Planning and Zoning Commission November 17, 1994 Page 4 Gibson asked if Sycamore Farms is willing to build the subdivision to City standards, Miller said yes. Gibson asked if Miller would accept a modification of that condition that says, development of the property shall be subject to subdivision approval, including the timely extension of Whispering Prairie Drive. Gibson said, however, he is not sure at this point what "timely" means. Miller said Sycamore Farms is fairly certain the market is ready for this product now, but Sycamore Farms is really at the mercy of the Barkers, developers of the Whispering Meadows subdivision, to extend the road to the southern edge of their property. Sycamore Farms has been in contact with the Barkers though no agreement has been reached. Gibson said this is helpful, though he really intended to have the language included in the legal papers. He said there may come a point in time when there is a disagreement as to whether the full extension of the street is necessary. Gibson feels the language and the provision of another point of access may be necessary to provide safe access to the site before Sycamore Farms considers another incremental expansion. Miklo said the subdivision process addresses secondary access concerns. He said this is a rezoning; the additional condition is not necessary at this point. Miller said Sycamore Farms hopes to get approval of this proposal to continue their plans and possibly have lots available for residents next year. Miller said Sycamore Farms is working with a land planner who has developed over 400,000 mobile home lots and would like to incorporate his thoughts into this RS-8 area. Miller said the land planner will be with them from here on out. He will have him present at the Commission's request. Miller reminded the Commission that the proposal still needs to go through Council. ,~ r \ Starr asked if Sycamore Farms still has the support of the financial community. Miller said the willingness of the financial institutions to supply the funds still exists, though the interest rates are not cooperating. Miller felt the market for this type of product still exists and supplies a viable alternative and one in which the homeowners can build equity. A Sycamore Farms survey of area mobile home parks found that 87% of those surveyed had an interest in this product and wanted additional information. Dierks asked if Miller envisions a market driven or planned development. Miller said he envisions a market driven development, though he envisions several spec homes will ,be provided and used for marketing reasons. These units will also be available for sale: , Miller said the intention would be to co-mingle and intermingle the style of homes and you can expect to see some landscaping and cul-de-sacs, Miller envisioned that this development will look like most any subdivision. Bovbjerg asked if current RFBH parks are primarily single-wide rental lots. Miller said the national figures indicate that about 30% of the units are double-wides, the rest primarily single-wide, though double-wides are becoming more attractive. Miller said Sycamore Farms feels it is important to offer both rental lots and lot sales, as there might be some exchange of units between the developments. For example, if a lot owner should wish to move up to a double-wide unit, Sycamore Farms may be willing to purchase the single-wide unit and place it in its rental park. ~ ~r I . I , I ,I . I I f: ~ , ' i.'...I.i ~ ~;~ Public discussion closed. C=~u_" .. a~- - o~).'., . -" ,..,., " T~ "" 10 ,!' , in, ~~,~ .1' ~ ./ t." ',,' o~. .' ;,~~j: r I , '~t:,\l,. ~ , . .. , " " ' ". . :; '. _ ...' ~.".<~,,_.., ",~._,,_. ~ -....'.~',.. '... -'-c. Planning and Zoning Commission November 17, 1994 Page 5 Gibson said he is bothered that this proposal and the Green View proposal are being considered separately and incrementally. Gibson said there have been suggestions by the public that there is too high a concentration of this type of housing in this area of the community. He was concerned that these projects are being considered separately and under their own merit, but not for the sum of what the two together produce, not to mention similar area developments. Gibson said the applicant has raised concerns about the appropriateness of land use and the RFP proposal which still remain unresolved in his mind, in addition to street, sewer and tax abatement questions, Jakobsen agreed with Gibson's comments that the proposals should be considered together, if only to move the proposals forward to Council at the same time. Starr also agreed that the issues should be considered at the same time and there should be one more opportunity to work out some of the issues that remain unresolved. However, Starr felt the issues are more cut and dry than much of what has been stated from day one. Starr said though all of the issues raised deserve attention, the Planning and Zoning Commission is charged with consideration of certain matters only. He was favorably disposed to the rezoning with the conditions that the applicant has agreed to tonight. A verbal confirmation of the willingness of the applicant to waive the 45-day limitation period was received from Miller. Staff asked that written confirmation of the waiver be submitted. MOTION: Gibson moved to defer REZ94-0014, until the December 1,1994, meeting of the Planning and Zoning Commission. Dierks seconded. Gibson reiterated his comments and asked staff to reconsider this item and the Green View proposal together, and to offer the Commission more guidance on these issues. r Franklin asked for clarification as staff has made recommendations for both proposals, Staff can offer answers to specific questions, but cannot determine how the Commission is to decide. Franklin said the Planning and Zoning Commission and then Council are asked to make a judgement based on the available facts. Gibson said he .understands that it is the responsibility of the Commission and Council to make a decisi,on, but it is also incumbent on staff to provide advice to these bodies. Gibson felt the broad perspective has not been considered. \ ,;J u i I Ii I : I i I U ~. . J Dierks said she does not see quite the concentration of the same type of housing and development style that Gibson appears to envision. Dierks said this proposal offers great variation from the typical mobile home park, in terms of density requirements, the subdivision requirement and lot owned sales. Bovbjerg asked that staff continue to answer questions raised by the Commission and attempt to keep the proposals on' the agenda together. Gibson added that the developer has posed yet another posture tonight and the Commission has not had time to consider the implications of these proposals. The motion carried on a vote of 5-0-1, with Cooper abstainina due to absences. .. "'.1.' V L: h , 0 ,~)':i' r~~i~~~__i.:~~~:~. --_=-==----=- ,.' ,..,..........-.-- 10 ~DJtJf' ;',\ .. . . :r\.\ I, ~ . .. '.' J , ..'.. "" :: . ,....,......... ''''.'--.'' Planning and Zoning Commission November 17, 1994 Page 6 2, CZ9449. Public discussion of an application submitted to Johnson County by William Frees to fez one 107 acres from A 1, Rural, to RS3, Suburban Residential, for property located partially in Fringe Area 4 on the south side of Dingleberry Road NE approximately .6 miles east of its intersection with Highway 1, Rockwell said that a soils report had been received from Wayne Peterson, District Conservationist for the Johnson County Soil and Water Conservation District, regarding the provision of two ponds and a wetland site on the Frees tract. Rockwell said the Commission members have received that report and have also been supplied a plat, which shows in more detail the topography, wooded areas and ravine on the site, as well as the recommended locations of the ponds and wetland. Rockwell said the initial concept plan showed access of nine lots from the Frees property onto Fox Lane, a substandard County road. There was also concern about steep slopes on the site that could constrain the use of septic systems. Rockwell said a resubmitted concept design would make all traffic flow from three cul-de-sacs to Dingleberry Road. At this point, no lots would have access to Fox Lane, There is a road reservation from the end of one of the cul-de-sacs to Fox Lane, but it is the view of staff that this road reservation should not be exercised until either Fox Lane is improved to provide safe access onto Highway 1, or an alternate route that provides safe access onto Highway 1 has been provided. G> \ Rockwell said the site has been reviewed again by the Johnson County Health Department. The County Health Department had determined that although the slopes are steep, they are of sufficient length to accommodate septic systems. Rockwell said the proposal is also consistent with the Fringe Area policy for Fringe Area 4. Rockwell said staff recommends that the City Council forward a comment to the Johnson County Board of Supervisors stating that the request to rezone the subject tract from A 1 to RS3 is consistent with the standards specified in the mutually agreed upon Fringe Area policy for Fringe Area 4, Staff also feels significant concern has been raised to recommend that no lots should have access to Fox Lane until Fox Lane has been improved, or an alternative that would provide safe access to Highway 1 has been provided. l . C , .>l r; .-;.~ 'I' JakoQsen asked why this rezoning is consistent with Fringe Area 4. Rockwell said the Fringe Area policy for Fringe Area 4 says that agricultural use is the preferred use on properties which do not meet the following standards: 1) the development will not require construction or reconstruction of a public road by the City or the County; 21 the proposed development will not have a negative impact on surrounding properties; 31 conflicts between residential development and existing farm uses should be minimized; and 41 the development should allow for the protection of natural areas, such as steep slopes, wetlands and forested areas. Rockwell said the road issue can be addressed by placing specific conditions on the future use of Fox Lane. According to the Johnson County Health Department, the topography of the property will accommodate individual septic systems. Erosion controls are to be implemented in conjunction with the road construction. Most of the drainageways on the site are contained within areas designated as common open space. Rockwell said based on , i I I I I : I~ I. ~ "'1 , ~, r~ ,(?'_ ,...."...,....... ......_.....'"-, J;:,;;li"R ~_? . ~ ~, .-, 'if' " ~:~ '0.. ._J: ~i'~ I ,~O'. ./') . ,I. ,. ,,', !~ ltj~~~\, .. . , ,~ ~;., j', " .....,'. .. '" , .'.'.-...-"....,....' .~.. " .r''''- ,-~\ \ \ \ l ~\, ,......;~ f.-.--"'- , 't (\ /I'.. II; \.' I ,,' I ' !~: ! ,', , 'I' I H : I' I'i ill i i I i I , , i i I' ~'" I 1.(1" Ji .' \ .. ~_d,: .' ... . .'" . ':'\r',, , ': ~'-\~ l:! ,'.. '.: ".,';' , . . ' '~1 .'.. ",' ,'.' ',- '. .'. ., .,,' , . , . "'~ ,,;' . ' ...,~,_._~~...,....~_.,,~"'........""~""'"...''''';..'''-'-_.,',...L....~_R.''".~...''''' "'_._",""'_","-~__"'.'" .. ,",....."...'~.,,'.. ,. LA"'''',.. ...' ... :.,,,~,,:, .,,' l,;",.q.. ..."." N< .... ~.~."._..__. _ '''_-'.'' Planning and Zoning Commission November 17, 1994 Page 7 these factors, the proposed rezoning appears to be in compliance with the standards of the Fringe Area 4 po/icy. Public discussion: William Frees, 2672 Newport Road, Solon. said he is available to answer questions. Dierks asked if the easement on Lot 1 is currently being used and will it be used by construction vehicles. Frees said a homeowner, the Cannons, have been granted an easement in writing, but the easement will not be used by construction vehicles. Holecek said that should Frees wish to retain access over the easement, the owner of the easement would need to be agreeable an extension of the road that would encroach upon their access, and the Cannons now appear to be the owners. Larrv Schnittier, 1917 South Gilbert Street, engineering consultant for the applicant, reminded the Commission that this is a rezoning and that many of these issues can be resolved at the time of the preliminary plat. Public discussion closed. MOTION: Jakobsen moved to recommend that the City Council forward a comment to the Johnson County Board of Supervisors stating that CZ9449, an application submitted to Johnson County by William Frees to rezone 107 acres from A 1, Rural, to RS3, Suburban Residential, is consistent with the standards specified in the mutually agreed upon Fringe Area policy for Fringe Area 4, subject to the condition that no lots within the rezoning area be allowed access to Fox Lane until Fox Lane has been improved, or the Fox Lane intersection with Highway 1 is closed, and a safe alternative route to Highway 1 has been provided. Gibson seconded. The motion carried on a vote of 6-0. 3. CZ9454. Public discussion of an application submitted to Johnson County by Vincent and Betty Dalton to rezone 1.5 acres of a 3.5 acre tract from County A 1, Rural, to RS, Suburban Residential, for property located in Fringe Area 3 on the north side of Newport Road approximately one-half mile of its intersection with Prairie du Chien .Road. Miklo said the proposal is consistent with the mutually agreed upon Johnson County/Iowa City Fringe Area Policy Agreement for Area 3, an area which has been identified as appropriate for residential development. Miklo said there are existing residential developments adjacent to this property, therefore the addition of this rezoning will be compatible with the surrounding development. This rezoning will result in the addition of one residential structure and will have a minimal impact on Iowa City infrastructure and services. There is one other residence on the remainder of the property. ;(-=~~~~'-"", "~'~ ..~ m~ ~~'~:_ ~~ o \' :, .lK,.... ", , , i , , , ' I I i ~ , I I ~i~S '..I)~"'. ., ,S D, --'.-;-.. .' ~: "j , " ".. ~, : ~f "1' , ._~. \\1,', .., ,'... ".,' ". . "...;,.' , '~..,. . '., :. "~..;.,, ..' j"..., Planning and Zoning Commission November 17, 1994 Page 8 Miklo said staff recommends that the City Council forward a comment to the Johnson County Board of Supervisors finding that the request to rezone 1.5 acres of this 3.5 acre tract is consistent with the mutually agreed upon Fringe Area Policy for Fringe Area 3 and should be approved. Public discussion: There was none. Public discussion closed. MOTION: Starr moved to recommend that the City Council forward a comment to the Johnson County Board of Supervisors stating that CZ9454, an application submitted to Johnson County by Vincent and Betty Dalton to rezone 1.5 acres of this 3.5 acre tract is consistent with the mutually agreed upon Fringe Area Policy for Fringe Area 3 and should be approved. Jakobsen seconded. The motion carried on a vote of 6-0. ZONING/ANNEXATION ITEM: 1. ANN94-0007, 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 and east of Pleasant Valley Golf Course, and rezone the property from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential. , r, Rockwell said staff recommends approval of ANN94-0007, a request to annex 80 acres, known as the Langenberg tract, and located immediately north of the City's south wastewater treatment facility site annexation, and approval of REZ94-00 12, a request to rezone the annexation area from County RS to RFBH, Factory Built Housing Residential, subject to 11 Approval of the annexation by the City Development Board. r:. ( I ,21 Approval of a stormwater management plan and a grading/erosion control plan by the City Public Works Department that assures mitigation of runoff and/or siltation discharge from the site to the Snyder Creek Bottoms. 3) Incorporation of appropriate open space for future residential development that conforms to the criteria set forth in the proposed Neighborhood Open Space ordinance. 41 Design and implementation of a landscaping plan for the site with special emphasis on vegetative screening along the west and north boundaries of the site. ~ Design of a site plan for the manufactured housing park that ensures pedestrian access to the east and to the south of the Langenberg tract. 51 '1.';.'- ~ I, ~i'S 'c.-;.....w. ~- . ....., - -r o ~. ):" ,'r - " ~' " " I@ S" 10; ~i" I/~, 10, .w~'j ,. I . A\~I,~ ". , .. . .. ....,' ~ '-., . ::' . ....._,~_,,,......,',.. ,..'0'"......'--',..;.", ; ......;,:.',. ;:;..,;.,0" " "~.:",,,., '". ,,',.-.:"'.....'.,'...... . ",,',L' I , , , Planning and Zoning Commission November 17, 1994 Page 9 I I 6) Review and approval by the Iowa City Planning and Zoning Commission of any site plan or land division that occurs on the Langenberg tract. 7) Adherence to a density level of the RFBH-zoned area that shall not exceed an RS-5, Low Density Single-Family Residential density of 5 dwelling units per acre. 8) Approval of a maintenance agreement between the City of Iowa City and Johnson County for any portion of Sycamore Street remaining in the County following the annexation and rezoning. 9) Commitment by the City of Iowa City to provide adequate infrastructure to the Langenberg tract in a reasonable time period, including, but not limited to providing City water, sewer and access. Rockwell said a prior condition number two, verification by the U.S. Army Corps of Engineers as to whether jurisdictional wetlands exist on the site, has been removed as the Corps has determined there are no jurisdictional wetlands on the site. Public discussion: ,r-.. ,.( ,....... C \ . \ \J. .-:i ('" ~ . r I. I Rita Krause, 4303 Daniel Place, President of the Makada subdivision, stated that the petition in opposition to the Green View proposal is being passed around the Grant Wood neighborhood area and now contains approximately 300 signatures. Krause said the turnout tonight is not as strong an indication of the opposition to the issue as was represented atthe League of Women's Voters forum on Tuesday, November 15,1994, Krause said a good deal of concern about the concentration of this type of development on this side of town was voiced at that meeting. Gibson asked clarification as to what exactly is the objection. Krause said she feels it is a combination of the concentration of mobile home units, affordable housing, school capacity, and street safety, but mostly it is the concentration factor. The Commission requested to see the petition. Krause agreed to submit this to staff. . Mark ,Edwards, 1254 Lakeside, said he is a resident of the Grant Wood neighborhood. Edwards voiced concern about the density of the mobile home parks. Rockwell clarified that the density on the Green View site would be limited by the Conditional Zoning Agreement to RS-5, which is generally the lowest residential density in the city. I I I I : I I I ! I ' i I ~'l I I" . : I J '\ . 0.:~;!.1. " ; Jim Miller, 505 East BurlinQton Street, co-owner of the Sycamore Farms development, said several days ago, Sycamore Farms had a meeting with the School Board. Miller reminded the Commission that Sycamore Farms had dedicated fifteen acres of land for a school site. Miller said as a result of the meeting, the site for the school has tentatively been determined. The location Miller pointed out is about mid-way along the east border of the Langenberg tract, though no legal description or deed has been drawn up. Ie, ':=l*i,,",,~,",' ---.. ". . ", -,." , . .,_..~~- '~lr.1V'" ).'....' , "." " "-r"ilr on' "I"""".n - o ",' , '..'-"-'-."''''-''-' I I I i .1 I I I .' ,. \'.1 ",j~~!d "" , ':t"'l' .". "," . , ", "'. , ..._::.',.:. .n.'.....__,.".,,.....',.,':..,.....".,.-'-...,..., .".- Planning and Zoning Commission November 17, 1994 Page 10 Miller said access to the, school site is something many have mentioned from day one. The School Board reiterated it is necessary that access be provided to the school site, Miller pointed out that rezoning condition number nine concerns access, He wanted to know what commitment Sycamore Farms and the School Board can expect from the City of Iowa City in terms of providing access and adequate infrastructure. Miller said Sycamore Farms and the School Board need assurance that the City will provide the right-of-way and the improved access to the site as normal, compact and contiguous development proceeds. Miller asked for the assurance that the right-of- way along the northern border of the Langenberg tract, the location of a portion of the east-west arterial, be improved at the expense of the City. Jakobsen broke in and said she does not feel that request is appropriate, She said it is a discussion that needs to be addressed to the School Board. Miller said the School Board had distributed a letter addressed to Tom Scott, Chairman of the Planning and Zoning Commission, dated October 21, 1994, which he felt the Commission should have in their possession, and said the School Board attorney, John Cruise, had told Miller he has was going to attend tonight's meeting. Cruise was not present tonight, but Miller quoted the letter as saying, "We have to ask that you (Scotti and all of the Commission members, as well as staff and the City Council, carefully consider fair and equitable ways to aid the Iowa City Community School District as we are faced with this financial dilemma," Bovbjerg felt that questions of this type needed to be worked out between staff and the School Board. . .- Miklo said the paragraph read by Miller may be alluding to a school impact fee. Miklo believed the School Board has stated that it is not interested in pursuing impact fees at this time, and likewise, it is something the City is not interested in pursuing without the cooperation of the School Board. Miklo said the issue was dropped from the Commission pending list as the City could not attain a commitment for cooperation on this item from the School Board. Miklo said the record is clear that the City is proposing an east-west arterial along the northern border of the Langenberg tract and that the School Board should take that into consideration when selecting a site for the school. 10 (, Miller said he cannot really speak for the School Board, but Sycamore Farms seeks a .clarification of the statement that the City will provide access. Miller wanted to ensure that'qccess includes an east-west street entering from the west, as the Sycamore Farms site would essentially become a peninsula if there is only access from the north. Miller said there are few other alternatives, because to the south is the wastewater treatment plant and to the east is the conservation easement. Miller said if infrastructure is not provided to the edge of the site, it may create too large of a financial burden to develop the site. Miller said the School Board has already said it will not contribute to the development of the road, Miller pointed out that lack of secondary access would not be acceptable in the platting process for traffic flow' reasons. The School Board feels that it is critical to have dual access. " , I ~ Gibson said the School Board, in exchange for the acceptance of this site as a gift, would consider the costs associated with accepting the site selected. Miller said it may not be cost-effective to build on a free site if it requires that the City build a half- ~j II" i:' ~~ ~i'~ rW~1~~-~~~~ H~~' ~w T -- - ,: ~ '=~ -- ~):: I I "i' !~ ,,' 0, ~8~~ I .t.. .:", ~) .' " i ,~jrr'.;:r.1 '~I: \' '.'i, .. . ~ :,\ ......,.,......,... Planning and Zoning Commission November 17, 1994 Page 11 million dollar road and extend utility service, Gibson said this is reminiscent of the Rohret Road experience. Gibson emphasized this is certainly not "free" to the tax payer. Starr agreed with Gibson, but also asked what it is about Green View that has changed the Sycamore Farms proposal. Franklin said that Sycamore Farms has discussed access to Sycamore Street from the start. The reason a portion of the Sycamore Farms site is zoned ID-RM is because right-of -way to their property was not attained prior to the rezoning. Franklin said their situation will improve, however, as the right-of-way will be dedicated along the northern border of the Langenberg tract as a result of the Green View proposal. If Sycamore Farms chooses to make the improvements prior to when the City has the improvements slated in the Capital Improvements Plan (CIPI, that is their choice. Franklin said staff will be sending a proposal to Council soon that includes a CIP for the paving of the east-west arterial from Sycamore Street to the east property line of the Green View site, and will provide one access point to the northwest corner of the Sycamore Farms site. Franklin emphasized that this has not been accepted by Council and placed in the CIP, yet, though it is likely to be included within the seven year CIP, ( As for the site of the school, Franklin said the initial rezoning states that Sycamore Farms reserve a site for a school, based on the model for Windsor Ridge. The decision on the site is a joint decision of the City, the School District and the developers, Franklin said some time ago, and prior to the Green View proposal, these three parties met for this discussion. Franklin said the developers wished for the site to be located near the south wastewater treatment plant and soccer field complex, as this was at the south end of their project and would not impinge greatly upon their development potential. Franklin concurred with that suggestion due to the availability of open space this would provide, but sided with the School Board in disagreement due to the lack of developed access to the site. Franklin now feels, however, that as the area is preparing to develop, a reevaluation of the southern site needs to be considered. Franklin said it is true that the City has not received much cooperation from the School District in terms of development of an impact fee ordinance, and said she is ready to reconsider what the position of the City should be regarding the dedication of school sites. Franklin said it is not fair and equitable to expect sites from some places, but ,not others. [ \ \ .":-1 ':'(" , I ' i Ii I I , . I i I , I , In terms of condition number nine, Franklin said this refers to access via Sycamore Street. Franklin reminded the Commission that the City has reached an agreement with the County for the maintenance of Sycamore Street from Sand Road to the "L" until the time it is annexed into the City. The City has also included improvements of the three sections of Sycamore Street in the CIP. Soccer play cannot commence until access to the field has been constructed and this road will be constructed to City standards. These road improvements will provide two access points to Green View, with a third access point off the east-west parkway at some future date. Franklin said this is what is meant by providing access to the site. Franklin added that she would only hope that a reconsideration of the school site will take into consideration of where streets are or soon will be constructed. , , , , i I~ I, , I ~\ '1 ~ l:i, r. - ~:I""-T';lUIF-"'''''~- ,i' i~t. 0 '..n_____ '*.~~ - - - -. o "'. , . Q i 0, . .,.;:., " ~&U':uJ. . .>~ i ,-' ,-- l \ ./. ,'~ I , I i I i I i! , ~ i ~t ~J ~. Ii,:' b r'l. N, .~ '~ . ' " .. , 'h~ " , .:'fW.~ ,\'.-,.. '~' ",:' , ~ .; l I ~. "''-'',,:,';,'''.' ",':";~",-,',."",.,',"'.' .'.",.."'.,..,."..'._'....._~- , ,.,..,.'-,..~.. Planning and Zoning Commission November 17, 1994 Page 12 Jakobsen asked if the plans for the Green View proposal take into consideration right- of-way along the southern property line. Franklin said this has not been considered, but would not be out of the question and could be examined. Dierks noted the Sycamore Farms site is fairly lengthy from north to south and asked if there are any other public streets planned. She said hopefully, there will not be a school in the middle, if there is little access. Franklin said this is one of the issues with I. manufactured housing developments; management restricts access for control reasons and this can pose street network problems for the entire community. ~~~~ ..,.'...'I~.~ mO':, I'; ,,) & .' Starr asked that should the proposal be accepted, will anything be returning to the Commission for further review. Franklin said that one of the conditions is that the Commission will have site plan review, Steve Briqht. 321 Market Street, co-owner of the Sycamore Farms development, emphasized that the School Board really should be here to speak for themselves, but said the location selected was driven by the desire of school administrators to separate the present Grant Wood Elementary School from their site. Bright said the second reason the south site was selected was because the school would be needed in the future, after development had occurred in the north. This was how the southern site initially came to be proposed by Sycamore Farms. The School Board, however, asked that there be at least two rows of houses separating the school from the wastewater treatment plant site, In regard to Starr's comments about what has changed about the proposal, Bright said he has two answers. Bright said that if he was told on August 3, 1994, the day before the Sycamore Farms annexation was approved, that the City intended to annex this tract, he would not have believed it. Secondly, Bright felt based on the Comprehensive Plan, Sycamore Farms had a reasonable expectation of thinking that the Langenberg tract would develop as a typical subdivision of RS-5 or RS-8 zoning. Bright said within the typical subdivision, there is a street every 300 feet that would be continued into the Sycamore Farms property. However, the request for an RFBH- zoned park changes the entire scheme of things. The impact is that it has the potential of land-locking their development. Bright said any other subdivision process would ,consider access to the neighbors. Bright said there are 80 acres under consideration here; pnd the Commission should take responsibility in determining that the site be accessible and developed safely and efficiently. LeRov Bird, 4255 Sycamore Street SE, said the City had told the residents at one time, it would be hauling sewage by truck down to the wastewater treatment site via the Sycamore Street extension. Bird questioned this hauling due to concerns for safety and children playing. Bird asked whether construction of the soccer complex has already begun. Franklin said grading on the soccer complex has begun and should be' done next fall; however, play will not commence until the north access road is constructed. , ~ = ",-0', .,').':,,'" -..... l.r ='._-~.-, IW--- ~------ ' . 11":7 - " fi\ "'" ~mr.b~;. ',~t, \ . '\I'i .. . " \ "'" . . :: ' " .""~,.~,,,.,...,".' ....', ~"...- ,,,,,,,.,:_,,~',;. ",,,,I._'~:,.,::. .~.. , ,~';c.;. _ ','.1. ;c,: ;,..'.' Planning and Zoning Commission November 17, 1994 Page 13 Randv Moore, 4322 Daniel Place, wished to recall the original proposal, which was to provide affordable housing and a road for the soccer complex. Moore had concern about the calculations used for actual growth of mobile home lots in Iowa City, Moore said the 1980 Census said that there are 906 mobile homes, trailers, boats, vans, etc" in Iowa City, but suggested that when broken down this translates into roughly 725 mobile homes and trailers in Iowa City in 1980, Moore said the 1990 Census does break this down into separate categories and that there were 1 ,049 mobile homes and trailers in Iowa City at that time. Moore said the increase of 725 to 1,049 is an increase of 324 units, as opposed to 392 that is referred to in the October 6, 1994, staff report. Moore said that the addition of the 324 units represents about a 45% increase, but if projected over the next ten years this translates into 47 units per year, rather than 56 that the report states. Moore, therefore, feels the anticipated need is less than stated. Moore said without annexing any more, the Sycamore Farms proposal represents 500 units, if not more, or a ten year capacity. Moore pointed out on a map all of the mobile home parks that exist in the area, both within the city limits and in the County, as well as low-income multi-family rental units in the area. The point was that the proposed parks, in addition to the existing parks, would place over 80% of the mobile home lot acreage in this quadrant of the town alone, Miklo pointed out that some of the figures presented by Moore were inaccurate. For example, Moore's document indicated that Villa Garden Apartments included 80 low-income units. Miklo said Villa Garden had a total of only 49 units. Moore said he was merely repeating figures attained directly from Ron Henderson in Public Housing Assistance. Moore said he can make available copies of his figures. c': \ Moore said the staff report dated August 29, 1994, refers to the CHAS plan and the ne,~t1 to supply affordable housing units. Moore felt the $30-$50 savings per month that a resident can expect from a subsidized lot forms a very small percentage of the total cost of occupancy. Therefore, Moore feels this would still result in owner- occupied projects as opposed to a rental project, and should be given a lower priority in the City's efforts to create affordable housing. ,?, n. Moore referred to a memorandum from Milkman dated October 13, 1994, in which Milkman states there are about 500 individuals on a waiting list for affordable housing units, with about 200 more who are in some phase of completing their application, Moore's question concerned the statement that some 80% of these individuals were waiting for one or two bedroom units, though Moore said this does not specifically state rental units. Regarding road access to the soccer complex, Moore felt the road would be more expensive and needed to be constructed in a shorter time frame than is called for by the soccer complex. II , I d : I , \ ~, '" J Moore displayed transparencies depicting comparisons of projected property tax revenues between $120,000 homes and mobile home units, Gibson pointed out the goal is to provide affordable housing: a consideration aside from property tax generation. Moore asked that the Commission consider the short-term goals in comparison to the long-range impact. Moore felt a ten year supply of mobile home , "I.'. ,', ~.I (:i " I "".~-~""'-'-' I I , ~i'~ ,(=~__"==~_'il_~, ~- -'J,: :~_~ -v _,'O).'i" - ~ .;.' "" I@ " I . / ~. " .." ; D. .~,7E1' ,J \ .~ f,....... f , I I" I I I , , . i' , I , , 'r ii', , I , , , I ;",1., ,.~ ;,~ i;,tl L. ~--=........ , 0 " '. - " I , , , . ~ t \ \ I " , , ~ " "" . {. ......",... Planning and Zoning Commission November 17, 1994 Page 14 units will be supplied by the Sycamore Farms site alone and a good deal of potential tax revenue could be lost by accepting the Green View proposal as well. Bovbjerg asked Nasby what impact subsidies make on what people can afford, Nasby noted that the median income of the mobile home owner is roughly $17,000. HUD states that no more than 30% of an individual's income should be spent on housing. Wherever these individuals can save $30-$40 makes a difference. Nasby reminded the Commission that this is a construction subsidy, which will have the effect of making rents lower, but it is not a direct subsidy each month to the resident. Regarding the figures that Moore had presented and had stated that we do not need additional mobile home units other than Sycamore Farms, Nasby said the fact is that we do not have any of these units yet. Moore had also included Lakeside Apartments in his figures of low-income units, and Nasby said that Lakeside is a private sector complex just like any other complex and noted several similar complexes throughout town, Regarding Moore's comment that the CHAS report eludes to the dispersion of housing types "where possible" and "where feasible," Nasby that the City has made every attempt possible, but have not found any alternative sites. Nasby concluded that one of the biggest barriers to affordable housing is community attitude; people are all for it as long as it is not placed near them. Robert Wolf, 3732 Humminqbird Lane, said if the Census figures had included the County as well, it would paint an entirely different picture. Wolf said Modern Manor has added 313 units since starting in 1984; another county mobile home park started in about 1984 has about 300 units; Western Hills has added on twice and should be in the area of an additional 100 - so there is an additional 800 units that have been added to the Johnson County total. Wolf said he does not believe Iowa City has approved a manufactured housing park in the last 25 years. Q Regarding the current popularity of manufactured housing, Wolf said it is basically a matter of economics and what people can afford. Wolf also pointed out that as the land owner of a manufactured housing park he pays the real estate taxes. Wolf said one of the chief factors contributing to why this area of town is highly sought for manufactured housing is the fact that little grading expense is necessary for this type of housing in this area of town. Bird was concerned about the condition of the trailers that may be put on site, Wolf said the units would be comparable to those in Modern Manor. Jeff Schandlinq, 4295 Svcamore Street, said the figures Wolf just quoted deal with a county-wide population, not just the county or city alone. He said 800 is roughly 30% of the total 2, 700 "trailer and other" units in Johnson County, which means that the percentage increase in the city and the county is roughly the same, The Census of 1970 shows that, as a percentage of the base, there were roughly 380 mobile home units. In 1980, there were 906 units, and in 1990 there were 1,049 units, The percentage increase actually declined from 1980 to 1990, despite 1980 to 1990 being one of the highest periods of growth. He added that the total of the Green View and Sycamore Farms sites together would result in 960 units, which is more than the <, ~i' S -~..- ._~ -"17' - ) I ~ 1], 0, . f., .,-I,.,j- ~, ~~'t:m ; i , ~ \ ,.>! f,."" , , , , , , : I~ : I i ~l "} \L ~L~; r, r: r"~ :'t', . ,".\1" ~ .,.. . , ., . " , " ,... ,;..:._.., ':..',.. ::'~'-.', ,..',..__, ..; ..~,. ".', ,;, ..,'L-' t '.., Planning and Zoning Commission November 17, 1994 Page 1 5 entire county added in the last ten years, and the county supply of mobile homes is dispersed over a much greater area, Jane Moore, 4322 Daniel Place, SE, said Wolf had initially said he envisions a ten to fifteen year fill rate. But, she questioned the fill rate of Modern Manor, Moore said Wolf had compared the type of units to those in Modern Manor and asked how Wolf intended to provide affordable housing with double-wide units. Moore said the subsidy assistance is for 15-20 years, yet the City STEPS program is attempting to move people off of social service assistance, Moore did not understand the reason for the conflict in direction, Starr said many of the issues raised really do not concern what the Planning, and Zoning Commission has been charged to examine. Starr said there are other Commissions that would be more appropriate for some of the issues raised. Bovbjerg agreed and added that many of these questions should be written down and presented to staff to be directed to those who can best answer them. Bright asked Franklin if it is not one of the obligations of the Commission when dealing with annexations in Fringe Area 6 is to determine a community need for the project. Bright said the CHAS has identified the community need, but where, how much, etc. are the grounds for debate. Franklin agreed. Randy Moore added that in reading the by-laws of the Commission, he would come to the conclusion that the Commission must consider more than merely land use. Starr said that was a point well taken. Moore said Franklin was quoted in the Wednesday, November 16th, Iowa City Press- Citizen as stating that the City is concentrating on growth to the south and to the east, so she felt the east would be a feasible place for establishing this project, rather than continuing with more south of Highway 6. Moore said if providing affordable housing is a prime goal, cost should not be an issue. Moore asked whether the Comprehensive Plan is a legal guide which the Commission is required to follow, as was indicated in the letter from Mr. Boyle. Holecek said the Comprehensive Plan is a policy guide for land use policy, but is not legally binding in the manner of an ordinance. ,Pamela Read. 4295 Sycamore Street, said she has several problems with the proposal, First" the proposal is for property located on the edge of prime golf course property. It is not her experience that $50,000 homes are built there, Read felt this is a waste of property value. Read asked if the proposal is really needed with the addition of Sycamore Farms. Read also felt the proposal is tied to the road and that the road will be a better constructed road than it would have been for the soccer complex alone. Read questioned the use of flood money for the proposal. She questioned that there is actual documentation showing there are people who wish to move off of the floodplain, how many, etc. Read questioned whether the real motivation for the proposal is to build the soccer fields. Read referred to the rejection of the soccer complex by referendum two years ago, and asked whether using federal money is a way to get the project under the table. Public discussion closed. ~8'8 - =- '_ - TT "..~ - T -~ _' 0 ~-'l, "" -..' 10 I I g /~ ijf.l '0 ,." ,. Jd~;l..~' \" )' .' , , '" '\\\" , " " ., .. , .'~' ;.:,,1 , '~""' . '.., ,.........".-.. .,.../-::........-.... , , : ,,,,,,._'_.,..',;:i.. :.~.., '..' ":'" ~ "...'.K~_._:,~....:.....;~ ..'..,.. "" .,.,.. "'."".' ~,."'.,'". _'e~'_ ~. ~._., ~8"g 'I' ,/.~ .,,,.;_.......,,,.;..:',,...,.,,"'-'...,,.,;', Planning and Zoning Commission November 17, 1994 Page 16 MOTION: Dierks moved to defer ANN94-0007, and REZ94-0012, until the December 1. 1994. meeting of the Planning and Zoning Commission. Jakobsen seconded. The motion carried on a vote of 6-0. VACATION ITEM: 1. V AC94-0007. Public discussion of a City-initiated proposal to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC Railroad right- of-way. Miklo said staff recommends approval of the vacation, subject to retention of a utility easements over the entire vacated right-of-way. Miklo said in regards to the question of timing, the City does not propose to close the road until the reconfigured Stevens Drive and Waterfront Drive are open. Miklo said because of this, the vacation could also be subject to the vacation taking affect at such time as Stevens Drive and Waterfront Drive are reconstructed. Starr asked if Hy-Vee is aware of the vacation process. Miklo said Hy-Vee is aware of the proceedings. Public discussion: J C- \ Larrv Schnittier. 1917 South Gilbert Street, asked whether the City is not getting too far ahead of itself. Schnittjer feels that there is plenty of time to consider a vacation when the street is torn up due to the sewer system improvements. Miklo said that the street will only be barricaded for the time being and will not be sold or removed until the City has had several months to analyze the impact of the closure on traffic flow in the area. ,.>>I {,M . r r' Miklo said the proposed vacation is to provide a better traffic flow for the area than the current street configuration allows. He said that staff would be hesitant to rezone the Hy-Vee property and allow more intense development if Waterfront Drive is not vacated to reduce the amount of traffic that will enter the intersection of Waterfront Drive ,and Gilbert Street. Public discussion closed. I I . , II I : i , I I I ; It. I! : I il. ;..- "l MOTION: Gibson moved to approve VAC94-0007. a City-initiated proposal to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC Railroad right-of-way, subject to retention of a utility easements over the entire vacated right-of-way. and the said vacation taking affect at such time as Stevens Drive and Waterfront Drive are reconstructed. Jakobsen seconded. k' \.~. ~, i.., [ir'. ~. ( 0 " ----,----- -~ - T =~--- --.- ,~. )};..' I 0, ... , I [j, .' " jj:7Jli:ui., j"i .. . . '~t, ,,', .',1"1, .. ,.., ~ '.." "" . , , . .". ':: ;..--.._...,.,""~.,.~-,.,'.~",. u".l~..,~:....',.., ..,-...."...'. ....",__ ".h'.~.,~__.._...,___ .._.,...,'.,.,. Planning and Zoning Commission November 17, 1994 Page 1 7 Gibson said he feels Miklo's argument is fairly convincing as there are times in which things are done that can be to your advantage, and if the City doesn't do them you lose your advantage. Gibson feels this is very rational behavior on the part of the City. Gibson also noted that there is not one individual present to protest the closure. Starr agreed. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: 1. SUB94.0011. Public discussion of an application 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. Miklo said the applicant has requested that this item be deferred until the December 15, 1994, meeting. He said the 45-day limitation period has been waived, Public discussion: There was none. Q Public discussion closed. MOTION: Jakobsen moved to defer SUB94-0011, until the December 15,1994, meeting of the Planning and Zoning Commission. Dierks seconded. \ Gibson asked how long the Commission must continue to defer this item when there has been virtually no progress since the application was submitted. Miklo said staff had recommended to the applicant at one time that the item be deferred indefinitely as it appeared that some of the issues which the applicant needed to resolve were insurmountable, and he is not convinced that the situation has changed significantly. Miklo said that at the next meeting if adequate progress is not shown, staff will make the recommendation that the applicant defer indefinitely. If the applicant is not willing to accept this, the Commission may wish to deny the application. /; d~ r \ "'" r:~, . , , I , ' The motion carried on a vote of 5.1. with Gibson in the neQative. I i I i I : : , i : I~ :( ~j }!!' (.'-1 ;'1 L CONSIDERATION OF THE MINUTES OF THE NOVEMBER 3. 1994. PLANNING AND ZONING COMMISSION MEETING: MOTION: Gibson moved to approve the minutes of the November 3, 1994, Planning and Zoning Commission meeting, as printed. Jakobsen seconded. The motion carried on a vote' of 5-0-1. with Dierks abstaining due to absence. . , :C-"~7-~-~~. - , . -'"'"'! o ":1:" ~it~ '" ,. '" I ~I r" ,~ ",.~ , 10' , , """~'" ''', .' '.,.' '_ l,' J}~g:.;~!" . " i . " I , .' , ,.'\,~:~..., ::;. ., :-::J\\I,~: ~ ., ~,. ,..... '. , ~' j (". '. " ""'7'"7' "'. I , I . ~ ~ . '. , , . , ...,.", ..,.,,,.,...,....~.....--,~.;,_._... '.. ..:",,,,.' ';', . ' " . .. .u.~.._......._.......,--""'-....."&o:;..~.;~-'~.:.....,.''"'''-''r...~~,''.,.L,._.,~".....,,........__._"._._...;._...,_._.........._,.,..._~."...,'".,...,""".'~"'b'~'.'..,.,.............AA......................'.H.fi......:.. ,'/,' 'J; '--, Planning and Zoning Commission November 17, 1994 Page 1 8 PLANNING AND ZONING COMMISSION INFORMATION: Rockwell supplied the Commission members with a rundown of the results of the petitions the City had received in regards to REZ94-0015, the proposal to rezone the Northside Neighborhood from RM-12 to RNC-12. Starr said he will be absent December 1, 1994. OTHER BUSINESS: I There was none. ADJOURNMENT: MOTION: Bovbjerg moved to adjourn the meeting at 11 :05 p.m. Jakobsen seconded. The motion carried on a vote of 6-0. '~: ' 0, Minutes submitted by Jeff Haring. I. ... George Starr, Secretary mins1p&zll.17 iI ; ;, I I' I I 1'1 ! II II I. Wit ~hij.. ~8~J , ~C-;!:~~:w~.:'--~..."I"......,~ ',,""":".~~I~. _~~.. " .,~=~~- >0,' .....'~~..........:....'.......'.'..... ",.",0'...'),;.' . :, ,,:~,' ,:. ',: .,' ,':'''' ", >-, "~Y:.,, ,,~i':.!' ~- ' .-.".,'....-.....,'...,.....',..'........," ...''1'...,....".''... it;,' 0 .: _,.l" , "" ., h ' ~ \-" i ~mi.i""i .. . ", ~t :\' , " '., .. .,' . ...1, , " "" '. . . ~ ..~,u___"..~P~~"~" ~.,,"',:,,'~ ,<. ,...."..'.'" ",.,'" "'" ..;,cv. ..:::,:,,~,.l.""\'.' ~,: ,... ,.....,'.. ... ""-~"''".---''.---'- Ion eln PLDHIHG , ZOBIBG eomasslolf IlBBTIBG THURSDAY, HOVEKBER 17, 1994 - 7:30 P.H. erne eENTER COUHeIL CDHBBRS SIGB III' SHEET 1. Bu. ~~ ~jL u.. , ()J .....e.RA.-.. I.{ -,\...(..eA-- Addross 2. ~o5E !~~ 'J~7-;' WIi''''./.+ ,f1:l S,{ " -r. \ I ,c;.. I-) l/3t13 !lIntel PI<<~.:rt I r <; i( t. ~)d' 51/) E. 3. ~) \ ",Ie, c ~,j..- :;''''''- ~\ I " ~ 1J~c~ w X'-- I Ail, ID I L ....., 11 '~/ JA.o ) (' ':) 12.~1 I1L\.v\..L ~ 1<.Jl..c~('( 4-;;7<-;- wi." PC ( ~ c{(' "'r/2(.l.'L< ,~ " I .,!:;, (~'\ '~ ."""" r:,,;;;..;.~ ... , I ' , ! 13. 14. 15. u. 17. " 18. I I ! I , I , I . , I I i !. I~" " 19. 20. " 21. I \ d 22. ~~ 23. f~:m':' ~." 1\ ~, , , ; -" ((. ,_.... _ .,""w'~' ~. 0 , -- , -.0,'__ - ~~ ,~]':\ ~8~~ ,. I' I ,. /5, O. ,i~:T;:;1;\ ~~~I " l \, ~ r.:;'" I' i ~: , \1" \'il '~ ." il..'. !'[ , , .. , , , ~t \\ I" .. ., . " , MINUTES IOWA CITY BOARD OF ADJUSTMENT NOVEMBER 9, 1994 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: Patricia Eckhardt, Bill Haigh, Catherine Johnson, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: STAFF PRESENT: None Burnside, Rockwell, Kugler, Schweitzer OTHERS PRESENT: Tonita Rios, Charles Mullen, John Moreland, Gary Hughes, Mark Danielson, Anita Gay Hartwig, Doug Kolarik, Nicholas Chmarik, Donald Green CALL TO ORDER: Chairperson Vogelzang called the meeting to order at 4:35 p.m. CONSIDERATION OF THE MINUTES OF THE OCTOBER 12, 1994, MEETING: Johnson moved to approve the minutes of the October 12,1994, Board of Adjustment meeting. Haigh seconded. The motion carried 5-0. SPECIAL EXCEPTION ITEMS: 1, EXC94-0023. Public hearing on a request submitted by Southgate Development Compa- ny, Inc. for special exceptions to permit dwelling units above the ground floor of a com- mercial use, to permit off-street parking on a separate lot, and to permit restaurant uses for property located in the CN.l zone at 701 Mormon Trek Boulevard. Rockwell said the most recent site plan submitted for staff review needs to be modified to bring it into compliance with certain Zoning Chapter requirements. She said the appli- cant will submit a redesign in two weeks and may be amending the requested exceptions. Rockwell reported that the negotiations with the neighboring property owners for parking and a shared parking access drive on the adjacent property to the west are nearing successful completion. She said staff supports the applicant's request for deferral until December 14, 1994. PUBLIC DISCUSSION: There was none. MOTION: Haigh moved to defer EXC94.0023, a request submitted by Southgate Development Company, Inc. for special exceptions to permit dwelling units above the ground floor of a commercial use, to permit off.street parking on a separate lot, and to permit restaurant uses for property located in the CN.1 zone at 701 Mormon Trek Boulevard. Eckhardt seconded. The motion carried 5.0. 2. EXC94-0025. Public hearing on a request by Tonito Rios on behalf of herself and on behalf of adjacent property owner Vinod Bhatara for special exceptions to permit off-street parking on a separate lot, and to reduce the off-street parking required for uses on proper- ties located in the CO-l zone at 626 and 630 Bloomington Street. ~~Co,\ - _II . - ~.~ - ). .(_"~~-,'-'''-~' -- o - "" ,- ", I@ . I .! f') .' " ~o, , " /IT'""a'., ".A ;'::i' '., . . . 'It:, , ",1\.\(,; ~ '., , , ',' , , '''.,.. ' "'. . , :.\ , ' .'. ,,_,",,~ .....'- '....:.:.~.," ":L ,~,_",,~, ,"-,,,~ .....<. i~;''''' .:. ,<--::~,~: ., ".I':~:..; ,,~:":':,;,;.-,_:,:; ;~.:.',:: '~~;','~i, :_,., .,'..'" :'" ': ,.r.,C. ,:,,_. _,\.,...,',,, ..~~..,".' _..~_._~_h_.._ Board of Adjustment November 9, 1994 Page 2 ) Rockwell noted the Board had approved a special exception to reduce the number of required off-street parking spaces from five spaces to three spaces for the 626 E. Bloom- ington Street property on February 10, 1988, subject to appropriate screening, drainage and parking being provided, and limiting the use of the property to one psychiatric, medical office with secretarial support. She said the applicant now wants to expand the use of the 626 E. Bloomington property to house a substance abuse counseling program with two counselors. The applicant is requesting a reduction in the required off-street parking from seven to six spaces, and approval of a special exaction to permit parking on separate lot. She said the six-space shared parking facility with a common access drive is proposed to meet the off-street parking requirements for the single-family residential use at 630 E. Bloomington and the new substance abuse counseling program at 626 E, Bloomington. Rockwell explained that Rios owns the 626 E, Bloomington Street property and intends to purchase the 630 E. Bloomington Street property, Rios plans to remove the existing garage, drive and curb cut off Dodge Street. Rockwell said a recorded perpetual access easement is needed to ensure that the access and use of the shared parking are available for both properties under two ownerships in case Rios decides to sell one or both of the lots in the future. Rockwell said the parking area as proposed and removal of the curb cut on Dodge Street will improve pedestrian and vehicular traffic safety. Staff recom- mended that the existing fence on the 626 E, Bloomington Street property be extended along the north and east edge of the new parking area pavement provided on the 630 E. Bloomington property, and that vegetative screening be planted immediately east of the fence facing Dodge Street. I ~7""'"'''' J _.A '\\ ,~~ f'';''''''', ! ' \ IJ I ~ " I I! I I Rockwell said Rios is requesting a reduction of parking from seven to six spaces. She noted the Board may grant the exception to allow not more than a fifty percent parking reduction, in cases where it is demonstrated the specific use has characteristics such that the number of parking spaces required is too restrictive. Rockwell reported the applicant's statement that more than 50% of the individuals seeking substance abuse treatment will be court ordered to get treatment and will have lost their drivers licenses. Rockwell said the parking reduction, if approved, should be tied to the substance abuse counseling program so that a change in the use of the clinic would not occur without a reevaluation of the parking requirements. Rockwell said the provision of a substance abuse counseling program will be a benefit for the community. Rockwell said if the applicant satisfactorily demonstrates to the Board that the parking requirement is too restrictive for the proposed use, staff recommended approval of EXC94-0025, subject to: ! i : I : i I I I' r:, II j '~ t...~; ,"1,'":,,-" 1. Clearly limiting the use of the 626 Eo Bloomington property to house a substance abuse counseling program with a maximum of two groups of approximately five persons each being counseled at anyone time, and with no on-site secretarial office being permitted; and a clear limitation of the use of the 630 E. Bloomington Street property to a single-family residential use, or any permitted use not requiring more than two parking spaces; .',,, 2. Recordation in the Johnson County Recorder's office of a perpetual access ease- ment that is approved by the City Attorney's office for the shared drive and parking area giving rights of use for both properties, 626 and 630 E. Bloomington; t-- '~ ~Jl*'.'" 'J " "~ -.. 0 IlII " 'OL')]'( .~. , ~B(" 1',10'" /) B ;\~~~ 1/5 ,'10 ,7:~j , , ':. ,fW,. , , , . " , -, . :.' . . ...,...... ... '- '", ,...,~ ., ,.....,... . Board of Adjustment November 9, 1994 Page 3 3. Extension of the six-foot high fence along the north and east edges of the new parking spaces on the 630 E, Bloomington Street property, and planting of vegeta- tive screening along the east side of the fence facing Dodge Street; 4. Removal of the existing garage, driveway, and Dodge Street curb cut; and 5. Increasing the driveway width to ten feet. Eckhardt said she thought the drawing was deceptive. She had visited the property and did not think there would be enough room even for six parking spaces. PUBLIC DISCUSSION: Tonita Rios said she had done a telephone survey to find out how many of her clients will probably not be driving. She talked with a counselor at ADDS, a treatment center in Davenport, and was told that 50% of the people who seek services do not have drivers' licenses. She talked with another counselor in Galesburg, who said that 50 to 60% of his clients do not have drivers' licenses, and only 10% of his clients are voluntary, Rios said most of the clients are court ordered or forced into treatment by probation officers. Johnson said the note about eliminating the breezeway is gone from the diagram. She asked if Rios planned to remove it. Rios said she had planned to get rid of it, but the City Housing and Inspection Services staff found that she did not have to eliminate the breeze- way in order to fit in the parking. Rios said she would remove the breezeway if neces- sary. Haigh asked how the clients get there if they don't drive, Rios said most are dropped off, or some take the bus. She said the treatment method is such that the client does not need to bring another person. , ( ,J: BOARD DISCUSSION: \ MOTION: Johnson moved to approve EXC94-0025, special exceptions to permit off- street parking on a separate lot, and to reduce the off-street parking required for uses on properties located In the CO-1 zone at 626 and 630 E. Bloomington Street, subject to: 1. 'Clearly limiting the use of the 626 E. Bloomington property to house a sub- stance abuse counseling program with a maximum of two groups of approxi- mately five persons each being counseled at anyone time, and with no on- site secretarial office being permitted; and a clear limitation of the use of the 630 E. Bloomington Street property to a single-family residential use, or any permitted use not requiring more than two parking spaces; Recordation in the Johnson County Recorder's office of a perpetual access easement that is approved by the City Attorney's office for the shared drive and parking area giving rights of use for both properties, 626 and 630 E. Bloomington Street; ..;;~ ~"r I " ! ; , I , '!, , I~' I ' ; l ;",:;, "~ ~:~ ;;'1?~ L__ 2. 3. Extension of the six-foot high fence along the north and east edges of the new parking spaces on the 630 E. Bloomington Street property, and planting of vegetative screening along the east side of the fence facing Dodge Street; rc"'~'~~ ~ --~., -. I' ~ 1'- .- ).' 0 - "" , ........._. I o ,w2i~1.i \"', ',~t, ' ,~).. .. . '. , ;;". .",'. _".,._..... '-"",,,',......', ;.".( ,:.. "'_"'"~.'.''._'''''''''_''''' ..._,.... .....~. d,.,""'" '. . ... '''~'''''.'''"_' .....,. A Board of Adjustment November 9, 1994 Page 4 4. Removal of the existing garage, driveway, and Dodge Street curb cut; and 5. Increasing the driveway width to ten feet. Lehman seconded. Johnson said that two groups with two counselors would be 12 people, If 50% drive to the counseling program, all six parking spaces would be used, and leave no parking spaces for the residential use. She said the residential groups will be held at the same time of day that the residential tenants are likely to the need parking spaces. Eckhardt did not believe there was room for six parking spaces. She said the neighborhood was full of houses, and she did not want the area to become commercial. Johnson said the property already received one parking reduction. Eckhardt said the street parking was full every time she visited the property, Rios clarified there would be only one group with one counselor at a time. She said the two groups she referred to usually have the same participants; the participants go through a therapy group, and then the same people go into an educational group later that same day. Vogelzang asked if the groups would meet during the evening. Rios said they would be. Vogelzang noted the evening sessions would be during nonpeak parking hours. "" Amendment to the Motion: Rockwell suggested a friendly amendment to the motion I so that it would read: "1. Clearly limiting the use of the 626 E. Bloomington proper- ty to house a substance abuse counseling program with a maximum of tw& one groups of approximately five persons each being counseled at anyone time, and with no on-site secretarial office being permitted." Johnson and Lehman both agreed to the amendment. ~~ to1 I '.c.. ",J ~,t ,....7"""... " 1 ,~' \ \ I \;" ...;o.~t f,~, : f' ~ , \, Johnson suggested that Rios talk with the City Forester about the vegetative screen plantings, as she wasn't convinced hibiscus would grow in Iowa, Johnson asked if Rios did her own secretarial work. Rios said she has an office in Burlington. She has secretar- ies there who do her secretarial work. i: Lehman said he wanted to make sure Rios knew she was going to lose the curb cut on Dodge street. He said he was in favor of the request as the area was CO-l zoning already, and there was no opposition brought before the Board. Eckhardt said she felt there was too much activity being proposed on too little ground, but she was happy to be rid of the curb cut. She said she was going to vote in favor of the exception, but thought the City inspection department should double check and make sure there is room for six parking spaces. She wished Rios success with the clinic, Vogelzang said he didn't see a problem with the exception as long as they made sure there was enough room for six parking spaces. Johnson said the removal of the deteriorated garage will be an improvement. ' " I; I j': I Ii i il .1 I , i ': I I I ,'{', i,] 'I" , !' I I I , I :-.\> ""-/r, . The motion carried 5-0. 3. EXC94-0026. Public hearing on a request by the First National Bank, on behalf of property owner West Side Company, for a special exception to permit a drive-in facility associated with a financial institution for property located in the CO.l zone at 2312 Mormon Trek Boulevard. C'~~~=-'- ~ , .: ' : - -~- 1_, - o ", ~ [J :lm;:m . ; , . , . '~t \ I' ',.t . ~ " "" :: ' _".__04 Board of Adjustment November 9, 1994 Page 5 Kugler said the CO-l zone permits financial institutions with drive-in facilities only by special exception. He said the applicant also proposes a temporary structure with a drive-up window, which would be in operation until construction of the branch bank is completed, Kugler said that the only specific requirement in the Code for drive-up facilities is that there shall be 6 stacking spaces per external teller and not more than 18 total spaces. Kugler said the applicant's site plan meets that requirement. He noted the revised site plan indicates that a landscaped screen will be installed along the north property line where the site abuts residentially zoned property as required, He noted there were some other problems with the parking arrangement, but he said these would have to be resolved before a building permit could be issued, He said that due to a rezoning that occurred on this property and on the rest of the West Side Park Subdivision located north of this site, the level of pedestrian traffic will likely be higher for this area than was estimated in 1983, when the development was originally platted, He said the additional auto traffic generated by the drive-through facility will pose additional safety concerns for pedestrians if they must use the street as a walkway, so the staff recommends that the applicant be required to put in sidewalks. An eight foot wide sidewalk is needed along Mormon Trek, and a standard 4 foot sidewalk would be adequate along West Side Drive, He said staff further recommends a time limit on the approval of the temporary drive- through of 15 months, to ensure that the temporary situation is not extended over an unreasonable period of time. PUBLIC DISCUSSION: 0, " ,! r \ Charles Mullen, attornev, said he was there to represent First National Bank, He said the application speaks for itself. He was sure the Board understood it is not reasonable to have a branch bank without drive-up windows. He said he wanted to correct the staff report in that the exception was for five drive-through windows, rather than just four. He said also, the City requests an 8 foot sidewalk, and that it is City policy to pay for the oversize costs of the sidewalk. He felt that should be in the Board's formal decision, Kugler pointed out he highlighted this policy in the staff report. ~ t'r' John Moreland, developer of West Side Park, said he has had over 25 requests to buy his property beside the First National Bank site. He said the West Side Park project is a very valuable project and he has been very careful in selecting the tenants because he still has residential units to sell in the area. He said he can depend on First National Bank to maintain a pedestrian friendly environment. ~ BOARD DISCUSSION: i . i I Haigh moved for approval of EXC94-0026, a request by First National Bank, on behalf of property owner West Side Company, for a special exception to permit five drive-through lanes, two ATM lanes, and one temporary drive-through lane associ- ated with a financial Institution for property located In the CO-1 zone at 2312 Mor- mon Trek Boulevard, subject to the following: , I ! ,r T 0..,.,';t .~ l,!.~.~j ~': ! .S fT' L._ 1. The applicant receiving FAA approval; 2. The Installation of an 8-foot wide sidewalk along Mormon Trek Boulevard with the overslzlng costs to be paid by the City, and a 4-foot wide sidewalk along West Side Drive; (..~-. ----..".- : 0 " ~ 8'" -~ '~'-~""I .~ ~~ l',' I ~ O. 0 ' . .' ,j ~~~~ I )(.. '0 ,,) ,~",~;;:i;j, ~' i ,'; "I' "I.~;t", , .' .' . ~ '~.. , :: ' _ ".. .".u,"'.... "",'"." ,':,Cd"..:.. ,.'. '-.1t...:,.l..,:,C~._, ~,'C,.:..';.. Board of Adjustment November 9, 1994 Page 6 3. A time limit on the operation of the temporary drive-through window of 15 months or until the permanent facility is occupied, whichever comes first; and 4. A revised parking plan meeting the requirements of the Zoning Chapter prior to obtaining a building permit. Johnson seconded the motion. Eckhardt said she had no problem with the exception as long as First National Bank met the parking and safety requirements. Lehman said that everybody is used to having drive- up capability. Johnson and Vogelzang agreed that the bank would be a nice addition to the neighborhood. The motion carried 5-0. 4. EXC94-0027. A request submitted by 1000 Oakcrest, an Iowa General Partnership, on behalf of property owners Gary Hughes, Terry p, Huff, Nolan J, Wright and Jocelyn Wright, for a special exception to permit parking on a separate lot, that is, to have a shared drive for properties located in the RM-44 and RS-5 zones at 1000 and 1006 Oakcrest Avenue. .r~ ,( c-.\ \1 Rockwell said the special exception will permit an existing shared drive to continue to be used to access off-street parking on separate properties. She said the property was formerly under one ownership. However, in 1988,1000 Oakcrest conveyed the eastern portion of the property containing one of the two apartment buildings to a second owner, Terry Huff. Rockwell said the only means of access to off-street parking to the rear of and under each of the two buildings is the shared access drive off Oakcrest Avenue. She said the intent of the parking ordinance is better served by allowing continued use of the shared access drive, rather than increasing the number of drives accessing Oakcrest Avenue. Rockwell reported that except for the wooded area on the northeast part of the property, trees need to be provided in accordance with the Large Scale Residential Development (LSRD) plan approved by the City Council on January 4, 1984, for the site. Staff recommended approval of the exception, subject to compliance with the tree planting requirements of the approved LSRD. She noted that the 1006 Oakcrest property owner has m~de plans to comply with the tree requirements, but the 1000 Oakcrest owners have not yet responded. ;~ , , ' . PUBLIC DISCUSSION: I i : I I , Charles Mullen, attorney, stated there will be no changes to the use of the property. The exception is just to bring the properties into technical compliance with the law. He said his client, who owns 1006 Oakcrest, has a tree plan and is ordering the trees. He said the owners of the 1000 Oakcrest property do not live in Iowa City, They are represented by an attorney with whom he has discussed the tree issue. : k. : I{'! I! 'I , , , I , , ~,\ /, \~" ) Gary HUQhes, owner, 1006 Oakcrest, said he has taken bids on the tree planting and the nursery should start planting today, and be done by next week. \~~" I:' ., (.. .. /itiIJ.,:,' , 'j ~,. . ,~ ',(,'~_r " 0 \ ~. ---- ~- -'. ~- o ):" "'. ,....,-.._.,-- fI) I ,', ,'10, Zu""Ij'E:t ..---- " r ,\ C~\ \J i.~ , '1 I ' " I I I i i i , I . I 1 i . " . !l{' i I" : I ~\~_:,) .... , . , ),~.~.: '~;', I, r\;,'~' ,II.)1. "1 ~, I ' ..._~~ , ,((-'--~' . '\'.-- ~~(o9 j..., / (;" ~. "".J .' j:"i , .~r" \ 1.. , " , .'~' ....., ~ "~.. . . ". ."_.._'k,".... ,;'..."d...'.."_~,:~,; "i..;.,. ..,.:,::_'{~:. (.. '~" "".'~ ..;,.~. ,. ;,..",.., .c.',; Board of Adjustment November 9, 1994 Page 7 BOARD DISCUSSION: MOTION: Eckhardt moved to approve EXC94.0027, a request for a special exception to permit a shared access drive to parking areas on two separate properties, 1000 and 1006 Oakcrest Avenue, located in the RM.44/RS.5 zones subject to compliance by June 1, 1995, with the tree planting requirements, except for the wooded area in the northeast portion of the site, of the Large Scale Residential Development plan approved by the City Council on January 4, 1984. Lehman seconded. Lehman said the exception was very simple. If the tree issue is solved, he didn't have a problem with it. Eckhardt said she wondered why the trees were not put in as per the LSRD plan, Johnson noted the property had been under different ownership at that time. The motion carried 5.0. 5. EXC94-0028. Public hearing on a request submitted by Anita Gay Hartwig for a special exception to permit expansion of a funeral home use, a crematorium, for property located in the CO-l zone at 2720 Muscatine Avenue, Rockwell noted the applicant is requesting the special exception to allow expansion of a funeral home to add a crematorium. She said the City Council last night approved an amendment to the Zoning Chapter that allows crematoriums as an accessory use to a funeral home. She said the addition of the crematorium in the applicant's case is consid- ered an expansion of the funeral home, which requires a special exception. Rockwell said the City Council had requested extensive staff research about the environmental impacts of crematoriums. She noted staff did a phone survey of other cities in Iowa that allow' crematoriums, and found that these cities had not received complaints from neighboring property owners regarding the crematoriums. She said extensive evergreen screening already exists along the east and north boundaries of the property. The addition will not result in additional traffic as the existing entrance to the site will remain. No parking spaces will be impacted by the proposed addition, She said staff recommended approval of EXC94-0028. PUBLIC DISCUSSION: Mark.Danielson, attorney, said Anita Gay Hartwig was present at the meeting to answer any qu'estions. He noted the engineer for the project said he had received verbal approval from the Iowa Department of Natural Resources for the crematorium, He said the project did not as yet have written approval, but they were expecting it to come any time. He said the City Council thoroughly investigated the environmental impacts of crematoriums before deciding to approve the amendment. Johnson asked for clarification on the placement of the addition in relation to the garage and the deck. Anita Gav Hartwio. 2720 Muscatine Avenue, clarified that there are two garages on the property and a deck. She said the addition would be an extension on the east end of the house. She noted there would be 20 to 25 feet between the deck and the addition, She said the City Council had been very concerned about emissions. She said all the re- search shows there will be no smoke or odor; the only thing visible from the crematorium will be heat vapors and maybe steam. She said crematoria are highly regulated, The -- r"'l _~' j,.""." .'.'".,'.. , ::',' ~~ . ~ .0 "" , I 0, . ' .~~'"81' j'l ;.... ',~r:' .,.\l.'1. .. .. ..' , .~.,' "'. . , ,;:.:"." , ' :.' ' ... . ~.~ ,.."...." ..' ~'" .."_..'..,..,.~,,,,' .,',,~ .".""'" .~"..,. " .."..._..,.~'..-._.__..,--,._,.....'."...'~. ' ....-.-.--..., Board of Adjustment November 9, 1994 Page 8 chamber they are planning to have is set up for California emission standards, which are much stricter than Iowa's air quality standards. She didn't want to negatively impact the neighborhood. She pointed out she lives in the funeral home with her spouse and two children. DouQ Kolarik said he lives on the street directly behind the funeral home, As the director of Mercy Hospice in Cedar Rapids, and through teaching death and dying classes at Kirkwood Community College, he has been aware that society is moving to using crema- toriums and that funeral rites are changing. He was surprised Iowa City did not have a crematorium prior to Hartwig's request. He said he may have been concerned, because he was such a close neighbor. However, he knew from his work in Cedar Rapids, there were no emissions or negative side effects from the crematorium at Turner's East funeral home, which is right downtown. Nicholas Chmarik said he lives in the same place as Kolarik, but he thinks there will be negative effects on the neighboring real estate. He said the steam will settle to the bottom of the hill in the area. He referred to a City Planner, Charles Denney, who had said, "There will pretty much not be an odor." He said "pretty much" was not good enough for him. He said Cedar Rapids was a vastly larger area and that Cedar Memorial and Turner's East are already in commercial areas. He said Gay's funeral home is surrounded by houses in very close proximity. He said he is already disturbed by a loud bell that rings, and you know that a body is arriving at the funeral home. He said this is bad enough, and the crematorium will further impinge on the peace and tranquility of the neighborhood, which will translate into lower property values. { (-<.\ \. Chmarik said the Board should research what effect the crematoriums have on property values. He said the Board should suggest changes to the ordinance passed last night by the City Council. He suggested an amendment not to allow the crematorium, if the funeral home is in close proximity to a residential neighborhood. He said the City should do a survey of the surrounding neighbors to see if they support the crematorium or not. He said the Board should reject the, request, or defer until they have more information about the community's sentiments. .~ ':,....., I Donald Green said he owns property on Dover Street. He agreed with Chmarik that there should be a canvas of the neighborhood to see if the crematorium should be allowed. He said ,the funeral home so far has been a good neighbor, but his concern was for the kids in the neighborhood. He said the odor will have to be explained to the children. He said Hartwig's comment that she lives in the neighborhood is misleading, because she has plans to move. Hartwig clarified that she and her spouse have been renovating a farm house for the past nine years and the renovations are nearing completion, Green said this shows she is not planning to stay in the neighborhood much longer, He submitted a written objection. Danielson clarified that the engineer who works for the company that manufactures the chambers said the emissions from the crematorium are less than those from a lawn mower. He said there is no odor, and he had available a copy of the emission standards, ~ I I , I I I i , I , I I 'f II" , I , I .~, \ .j \~1fJ ~ 1..-" Chmarik said he had enough problems with the ringing bell. He had moved into the neighborhood next to a funeral home, not a crematorium, Hartwig said the bell was not a garage door signal that went off when a body arrived at the home. She said it was an outside telephone bell so she could go outside and work on the extensive landscaped ~i~1 c -- '" ___ 0__ .~~--- Tr __ '.. ~-,)~,'" j' 'r... <I"J ,.t. " o '! ~ 0, ,f1Ii~Dl " I' e "'; C-- , \ \ .A ,,-.., " ! I I , I . I , I I/'.' , I'" II " ~J \,;r:; ~.' l'" ~t..__..o ., , j , '.'.~t ;.\'1: .. .. ,... ,~' .. . ~ .~.. ' . ',1 .. . ..~._.v. _.. .,,,.....' ~,,-,--..._~~-"-,,., '" "~", "" ".'" ~." ,,".',.. --.....->_._-~_.~",.. , , Board of Adjustment November 9, 1994 Page 9 grounds without missing a phone call. Chmarik said she should consider gelling a cellular phone, because the bell is very loud and annoying. Kolarik said one of his responsibilities with hospice and his Kirkwood classes was to help the community try to understand death, He said although it may be hard, death needs to be explained to children. It is important to be truthful with children. He said he has stood close to an opt'ln !'6arth of an operating crematorium, and there was no odor. When he has taken classes to visit funeral homes that operate crematoriums, he has noticed no odor - summer, winter, spring or fall. Green said that he didn't mind explaining death to children, but he thought the constant reminder of death was bad for them. He said the trees around the funeral home separate the facility visually, but there seems to be very little concern about the effects of the crematorium on the other senses. Rockwell clarified that the City Council did not just accept information from the engineers for the manufacturer of the crematorium chambers. She said Council asked staff to provide information on research by independent sources. She said this research indicated there is no detectable odor. BOARD DISCUSSION: MOTION: Lehman moved for approval of EXC94.0028, a special exception to allow an approximate 1,000 square foot expansion of a funeral home to house an acces- sory use, a crematorium, for property located in the CO-1 zone at 2720 Muscatine Avenue. Eckhardt seconded. Lehman said the Board has heard from two neighbors in opposition. He noted they were dealing with a new ordinance. He said it may be better to defer the decision to give the Board more time to consider the request. Vogelzang said the Board would just be reinventing the wheel if they deferred, because the City Council had already researched and held in-depth discussions about the pros and cons of the crematorium issue. Vogelzang noted the funeral home was there prior to the residential uses. He said the crematorium was a societal need. He assumed the regulatory agencies were very watchful of the standards established for funeral homes and crematoriums, He said a funeral procession was probably equally or more noticeable than a crematorium. He said it was a very emotional issue, but logically the crematorium was something that the Iowa City community needs. He said he would vote in favor. Eckhardt said the issue had been researched very thoroughly, and the crematorium and the reminder of death were just realities of life. She said she would vote in favor. Johnson said she found it very surprising that Iowa City did not yet have a crematorium facility. It has been needed here for some time. She thought the arguments against the crematorium were an expression of the NIMBY (Not In My Back Yard) syndrome. Haigh said this City Council has historically been very interested in having environmental issues researched thoroughly before they vote. He said the Iowa Department of Natural Resources is usually very sensitive about emissions. He said there is a need for the crematorium in Iowa City. r ~ !", ,~. '--- ~- I ~=, -,.,.. > -A~- ~4 , 0,_]:' T a ,/) , 80, ,~', ,'..';' . ., \:"',:' " , ,.' . .' ''I.,' , '."01\\' ',". ',"I , , , ".; '.. . '.,.'.;" 1 , .'.0,... "'. . ' " 'r " . ,',~~.' ,....,..".., ,,-..., '" ." ,r~ J C~.\ \ \ . .... ''::='/' ;' " i ! I ;", . I , I I I I I i ~ " " A \\~ 'Pj ~1~":"." l; ~; ~ I', ". ,f' "I'\'i., ...- .!(-~ ' Board of Adjustment November 9, 1994 Page 10 Lehman asked if the Hartwigs were planning on contracting the chamber out to other funeral homes. Hartwig said there was the possibility of doing that, but they haven't made any definite plans. --I I I Green asked to be allowed to speak again before the Board. Vogelzang said the public hearing on this item was closed, and denied the request. Green said that Rios had been allowed to speak during the Board discussion. Vogelzang stated that the property value concern was not going to be addressed by a survey, He said in his experience, some people are worried about living next to a funeral home, and some people aren't. He said no survey is going to tell us who is going to buy what. He said he empathized with the neighbors' concerns, but the Board needed to consider the community's welfare as well. The motion carried 4-1. with Lehman votlnQ no. Rockwell clarified for Green that Rios had been allowed to speak during the Board's discussion, because she was an applicant who was clearing up some misunderstandings about her application. BOARD OF ADJUSTMENT INFORMATION: Rockwell said that Johnson's term on the Board was coming to an end. She said the City Council had appointed a new Board member, Sue Bender, who has experience working on various boards ID and committees, including the Iowa City Community School District Foundation Executive r' Committee for three years, and the Iowa City Hospice Road Race Committee for three years. She is currently a PTA president and has served on church committees. Rockwell said there will be a luncheon in Johnson's honor on December 14, 1994, at noon at Season's Best. ADJOURNMENT: Eckhardt moved and Johnson seconded a motion to adjourn at 6:40 p.m. Minutes submitted by L. Schweitzer Rich Vogelzang, Chair minslboa 11-9 ~~~, - .. r ::. ,=-,...".. rl" ': .' (;. :t, .J, I, D/ _.- __,0 ,:),/',':' , , ,""".' ~..i<t'.tll;t" " ' '.' ,..' '",'.", L.,,__<,." .."'p< ___"'n ,; , ( c-. \ l~ ~..,"1""t I I' I i "'. I i I i k' I' ! I l '~'~/: 1(; ~r: ,.~ ;(' ".....~o '<F" . '.' . '\\,., --~-~,., ". '-''''. ~::. I. ", " " .. . . '~l:\"l ;..', , "'I " . , '" , . , ": ',I, ~; :' ',.' .. .-'" ' .';" . ,_,:...._._ ,.... .0', '"u . _,v~.,,,,.... "..... '-'"~'..,,":,,;:';~ '" ,-'.""-;l.,',,,~..:_;, >',(;J...:;:..:. _->:.;.,;,.>'.. .:.'}.:...,.,,:.'....I '-.J, t":,<,, :.:.,,~'..:.-. ,\., ':...,: . .,:;, ."~ i; ,_/" ", 'C.,,',. ~, .. ..., .',.."~,~ .. ......." '<0'.,'_. ....h.'... _ _.._.....:.._ _ Ion Cln DODD or ADJUSTJIBBT JlBBTIBG IBDHBSDlY, IOVBKBBR 9, 199<< - 4:30 P.K. CIVIC CBHTBR comrCIL CBUBBRS 81GB II 811BB'l' .' Address " 1. 2. 3. 4. 5. ::~ 8. 9. 10. 11. 12. 13. 14. 15. 1'. 17. lB. 19. 20. 21. 22. 23. .w-- ',:_._ .~ j..,-."'--"'-- . ..,". ,.:'..... ,.,\', ---v ....0, ., ~~~, , "1 ',: :; '., j ",' , , I , , o I I I I I let ,?;'':3Si , '. 1<\' \ \0" \ i\ '-- " ,- " ( ,,' --'.~ , 1 \\ \ , ': ~'1 .~ ',.(~ , i \ I il~ i .r 'I" " ! C.7J1\" \' .~ , ';I" . , ':'~';'I~.. ~. \C- l~ I I' ,it 1',,;,,1.. .It,"". '\~<,:, l._~ ,C'" 0 " . .. . .', ' .t\\!" .. "" . " Mayor'S Youth Employment Program Minutes Board of Director's Meeting september 13, 1994 Board Members Present: AK Traw, Pete Simonson, Jean McCarty, Barry Kucera, Dave Jacoby, Joan Vanden Berg, Julie PUlkrabek, Pat Schnack and Natalie Cronk Not in Attendance: Loren Forbes, Kristin Reynolds and Sheila Creth (excused) staff Members Present: Ben O'Meara, Cokie Ikerd and Mick Bowers Call to order: Barry called the meeting to order at 4:35pm. I. Introductions and Welcome: Barry welcomed all in attendance. II. Approval of Minutes: Minutes from the August 23, 1994, meeting were approved by consensus. III. Additional Agenda Items & correspondence Received: 1. Barry asked about the financial status of the Popcorn Wagon and how well it was being run. Ben explained that there have been many difficulties and set backs. A cart manager needed to be hired many months ago and thus we attempted to utilize one of the young people to do the job, but it was more than they could handle. Just recently Ben hired a young man in college that fits all of the qualifications for the wagon to be the manager and he is doing a wonderful job. 2. Ben presented to the board that he would like to hire a full time clerical staff at approximately $16,000 and also a full time caseworker at approximately $16,000. Dave voiced that he would like to see board approval on this matter. IV. Now Business 1. salary Changes - The board wanted to go into executive session to discuss salary increase for both Ben and staff. Dave suggested proceeding with the rest of ,the business before they entered into executive session. Financial Reports - Ben handed out the Financial Reports for July and August. Ben explained that the agency was at a deficit at the end of August due to the three corps projects which are the Iowa Conservation Corps, Young Adult Corps and Greater Mississippi River Recovery Corps. These three programs have a short project span, thus we spend out almost all of the money before we receive any reimbursement from the Iowa Department of Economic Development. Ben explained to the board that MYEP's account receivable for these three projects is approximately $36,000 which would then make the overall agency budget positive again. Joan stated that the finance committee met prior to the board meeting and they felt that everything looks fine. Joan made a motion and Jean seconded the motion to approve the financial reports as presented to the board. Motion carried, MSC. Barry stated 2. "",,' ':' Ad J . :: ...~. - -- "~~~~ ~- 0 _ J ~~lC I ./ j &) I ~lJ ., ,m~~,'o f"l .' " . . .. . ,.,. ,'\ \ \ l.~ .. . " - '. '....;1 ~ ", ..,~._,,~;_..:.:... . ""'." .,.""';....'.._..,..', .,..\"'~...,;.,,.:;..;.. .~.,.,'.h';"",...,^,;~;,; .",",c;, ..~'.' '.:..'"L;.'.;....', ~,,""'~.,..~,~",'.. ,",:.. "'. , ',"."...' r ,'",'_"'.,..:,,,,:..., "_.".,..,.:" "".".,..,,~~.,......__..___'._ , ~~10 I . /S that he would like an update at the next board meeting regarding the amount of money received from the Iowa Department of Economic Development for the corps projects. 3. Iowa City Road Race - Ben asked that all board members participate in the race this year in some form. He asked each board member to raise at least $500 in pledges. It was suggested that we do the postcards for each board member again this year. 4. Dave made a motion and Pat seconded the motion to go into executive session to discuss staff salaries and raises at 5:03 p.m. Motion carried. MSC. Ben asked the board when discussion of the two new hires would occur. He stated that he provided money in the budget for the two new positions and this was briefly discussed at the last board meeting when the board approved the budget. Ben was told that this would be discussed after the board returned from executive session. The board returned from executive session at 5:40 p.m. Pete made a motion and Joan seconded the motion to approve the raises for Ben and staff as was decided by the personnel committee. Motion carried. MSC. Barry then stated that before the board would approve the hiring of new staff the board would like to see documentation on the new positions and how they will be funded. Ben stated that there was money included in the budget for raises as well as new staff positions. Joan made a motion to hire an interim clerical person. Ben explained that an interim clerical person is not what we need, but that we need somebody immediately that will be permanent. Joan withdrew her motion. Dave announced that he felt that all new positions needed to be announced to the board prior to the hiring so that the board was aware of what was going. Ben felt that he had covered this ground when he discussed the budget for this fiscal year. Pete made a motion and Julie seconded the motion to let Ben hire a clerical person at a salary that Ben determined appropriate and any future hiring would be brought before the board prior to the hiring process. Motion carried. MSC. .r r~'.1 \ \ V. f:M , 1- ~ . Old Business Co~ittee Reports/Assignments update - Barry asked for a committee to assist the board in electing new officers. Natalie, Pete, Dave and Ben agreed to be part of this committee. VI. Adjourn: Julie made a motion and Pete seconded the motion to adjourn at 6:06 p.m. Motion carried. MSC I II i ; I , i I~' " ,I... ",'-- ~, . . I f~i ~ The next board meeting is Ootober 11, 1994, that downl rour thirty in the afternoonl ;e {Jj~ r n Forbes Secretary at 4:30 P.M. Mark !l- (}(r)--t4..- Ben O'Meara Executive Director A5MMN95.SEP C........".",.- ,:\ 0 " '. _.=- ,''''.. -'''W-"-''~:~:. );,,' ~ 0.,'. ID r , I D, ;~'iml' ", ,',,-,...,. ' ~~ ,C" c-"\ \, .-dt (,'7\' I " . , ' , I, , I: " Ii I,: Ii ~ I I , I i i i II~:' I ~l) , " r' w.;~~:.~~.',.".". .. ~~ it, ;<J\i' ."~r. , ,(",,1 '; -~,. G- ,: 0 ,I .\ , - ., I'j , , , ":,~r :\', ','1.; .. ,~' , ", , ,:.1, " "'".-_.".'...,",.''''"'''~L.....''_,,..._,_,...__._._ ~i70 I >' :; Mayor's Youth Employment Program Minutes Board of Director's Meeting October 11, 1994 Board Members Present: Kristin Reynolds, Barry Kucera, Pat Schnack, Julie Pulkrabek, Dave Jacoby, Natalie Cronk, Peter Simonsen, Joan Vandenberg and Sheila Creth. Staff Members Present: Ben O'Meara Unexcused absences: Jean McCarty Excused absences: Loren Forbes and A.K. Traw Call to order: Barry Kucera called the meeting to order at 4:35 p.m. I. Introductions and Welcome: Barry welcomed all in attendance. II. Approval of minutes: The minutes of the previous meeting were amended to reflect that Kristin Reynolds was excused for that meeting. As amended the minutes of the previous meeting were approved by consensus. II!. Additional Agenda I tams & Correspondence Received: Ben received correspondence indicating that MYEP had received the Community Juvenile Crime Prevention Grant in the amount of $39,165.00. This provides $22,000 toward youth employment, $13,500 toward a three-quarter time caseworker and $7,035 toward miscellaneous. This correspondence is available to any Board member if you would like additional information. Ben confirmed that l1YEP has received monies from the State of Iowa for the past summer projects, but there are still unpaid amounts which are being billed. IV. New'~usiness: 1. New officers were nominated. A committee of Dave, Pete, Ben and Natalie met on October 4 to determine a nomination slate. The nominees were: President, Dave; Vice President, Pete; Treasurer, Joan; and Secretary, Julie. Pat Schnack moved to accept the nominations and Sheila seconded the motion. The motion carried unanimously. 2. A discussion regarding the lack of pOlicies for MYEP. Ben reviewed the MYEP By-Laws and copies were' provided to the Board Members prior to this meeting for everyone's reference. There are no policies currently in existence to Ben's knowledge about what items need to be presented to the Board. ~~ 'In 'R"f ::0'):,., 06w. ~! ... , -. "'. , ! 0/ '-... "" l I I I I I I ., ,. ',"j ~~~I;u.;:-rl , , "~ " . '.'. . \\!.:~ , . , .~. , . . , .' : .~,~.~..~~.., _~., '~"4'_~'_'~'''",'':'; ;_...,..'-,.., ..:..,,'.....,. ".".,_,'-....,;.~...l.':~,"".<'.....:...-'.,.......,:".:..,~,'~',,,:_.:..~.,," '" . .". ...."...,...,... .... ..-.....,-..-....-.--..".- 3 . In addition, there are no personnel policies. Ben suggested we develop our own policies rather than follow the City r s policies because we are not bound by the City in our By-Laws. Further discussion followed with a final decision that Ben was to prepare an outline of policies he believes are needed and will propose those policies to the Board at the next meeting. Staff hiring was reported to the Board. Ben has hired a full- time caseworker, Jeff Wilmingj to help with the new programs which require development and supervision. Jeff will also devote a portion of his time to the Youth Homes Independent Living Program. :' I Ben is about to hire a full-time office manager to replace Cokie who has moved to a caseworker position. Ben emphasized that there is money in the Board approved budget to pay these individuals because in the past year he used operating monies to repay the deficit. There is also money from the above-mentioned new grant to hire another caseworker. Ben plans to hire another full-time caseworker to satisfy the grant. This grant started October I, so Ben will start looking immediately. Although there was no formal vote on this issue, the Board seemed to approve this last plan. I 4. Ben reported that there was a misunderstanding regarding a pay raise to staff of 4.5% versus 5%. There was motion to approve the previously approved increase of 5% as of July 1. This was seconded and the vote to approve was 6 to 1 with Barry opposing the motion. I'"": .~\ \\ \: .-.it t,'1"\, :. \ 5. We will not be doing mailings for the Road Race. All Board members are encouraged to obtain $500 in pledges for MYEP. 6. There were no committee reports/assignment updates. I " I I V. Old Business: none. I I " I I I I I i ! , I : I , I , I ! , 'I.. I~<' : , I I f ~l). , ., ~I I .:J, 1~:_j'I' ,., ~1""~". ....._,"'1...;.. VI. Adjo~rn: Pete moved to adjourn the meeting, seconded by Joan, motion carried unanimously. The meeting was adjourned at 5: 37 p.m. Best of luck to the new officers!! The next board meeting is November 15, at 4:30 p.m. Ju~je L. Pulkrabek retary I) /I' /.J..;., u m J//~. ___ Ben O'Meara Executive Director a~10 'L~ -~~ " - -~~.--- . ~ ~ ~~,ol;'\'." . , I'. .,., , i ' , It. ,,'.J .0.