HomeMy WebLinkAbout2002-09-24 Bd Comm minutes FINAL/APPROVED
MINUTES
IOWA CITY AIRPORT COMMISSION
TUESDAY, AUGUST 6~ 2002 - 5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Michelle Robnett, Mark Anderson, Alan Ellis
STAFF PRESENT: Sue Dulek
CALL TO ORDER:
Chairperson Anderson called the meeting to order at 5:47 p.m.
PUBLIC DISCUSSION ITEMS NOT ON THE AGENDA:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Finance Department Audit Report
Anderson stated that this discussion is in response to the City Council - Airport Commission
joint meeting that occurred in July, as well as the one that is scheduled for August 19.
Anderson said he would like to discuss certain issues in order to respond to Steve Atkins'
report to the City Council. The first item would be hangar rent. Anderson said that he had no
problem if the rent was paid directly to the Accounting Department. That would save Ron
O'Neil time, but it would also mean that he would not have immediate knowledge of who
paid the rent and who did not.
The next item was capital improvements in lieu of Rent. Anderson said that only happened
once.
Anderson then discussed utilities. He said that if the T-hangars were individually metered,
then the tenant should pay the cost. However, it is cost-prohibitive to meter all the individual
T hangar tenants, and that only the corporate hangars are individually metered now.
Anderson then discussed annual inspections. He said that the new hangar lease will provide
at least annual inspections for safety and lease compliance.
Anderson next discussed insurance. He said that the revised T-hangar lease that will be
effective October 1 will provide insurance coverage consistent with the City's requirements.
He said that a certificate of insurance would have to be attached to the lease. He added that
most old leases did not have a requirement that a certificate of insurance be provided.
Mascari then asked whether the response should stress what has occurred in the past, or
what the Commission is planning to do in the future. Anderson said both issues should be
addressed. Ellis stated that the core issues are why should the City increase its funding from
the General Fund to the Commission at a time when other entities are being decreased in
funding, such as social services and the new Fire Department, and what should the
oversight be. Ellis stated that the City Council is looking for a response to that question and
that is what the response should entail. Anderson stated that was a good suggestion, but
that he believed that that response can be part of the specific response to the specific points
made in Atkins' memo. Mascari suggested that the Airport Manager should appear at
monthly meetings of the City Council. Ellis stated that it should be a Commission member,
and not the Airport Manager. Robnett stated that the Airport Manager could go to those
meetings. Mascari agreed and stated that the Airport Manager could provide a monthly
update to the Council. Ellis disagreed and stated that the Commissioners were appointed by
the City Council, and so it is the Commissioners that should go to the City Council meeting
for an update. Ellis pointed out that the Airport Manager attends the City Manager's staff
meetings. Ellis again stated that the Commission should answer why the City should fund
the airport, and he said that the Commission needs to show that the money is being handled
well and why it is being handled well. Robnett stated that it is a matter of accurate financial
data. Mascari stated that the Commissioners should receive a monthly financial report from
the Airport Manager. Ellis stated that a line-by-line response does not respond to the big
question--again, why should the monies be increased to the Commission and what can be
done to be certain that the money is spent appropriately. Anderson stated the answer to the
first question is a decrease in revenue. Ellis stated he agreed that it was due to the loss of
the FBO and that the Commission had to actually pay for a temporary FBO. This led to a
decrease in revenue. Iowa City Flying Service had an agreement to pay a certain amount of
revenue so the hangars would pay for themselves. Ellis stated that there is no solution to the
lost revenue, given the FBO situation, in the short term. In the long term, the money will be
paid back to the City. In the meantime, the Commission has the options to increase fuel
flowage, to increase rent hangar space, to increase business at the airport, and so on. Ellis
added that there is no malfeasance. Robnett stated that this is another reason for a strategic
plan to develop a long-term plan. She said that her role when she got on the Commission
was to make policy for the future. Anderson said that the response should begin with why
money should be increased to support a City infrastructure, which is what the Airport is part
of. He said that the City had previously as a matter of policy decided it wanted an airport;
that is the decision of the City, and not a policy decision made by the Commission. Mascari
stated that it is not a service but a facility, and maintaining a facility costs money. Anderson
stated that the discussion should include why the revenues went down, with an explanation
of the FBO situation, and how Building F can be paid back. Anderson added that there is no
clear-cut solution. The City could forgive part of the debt. The North Commercial Area sale is
a shod-term solution. A long-term solution would be a long-term lease, but people do not
seem to be wanting to enter into long-term leases. Ellis added another part of the solution is
marketing in the long-term, but that also costs money. Ellis also added that facilities and
capital goods need upkeep, such as streets, and this is just part of the cost to the City.
Robnett added that facilities and services that the City has wanted to provide includes the
Airport. Mascari stated that everyone knew that it was to be a 20-year payback, that Iowa
City Flying Service backed out, and that is the predicament that they find themselves in. The
Commission could not get a replacement FBO to commit to the same amount of payment.
Mascari added that the Commission needs to respond to the concerns expressed by the
Council, especially the monetary concerns, and make clear that there was not an increase in
expenditures but a decrease in revenue, and why that occurred. Robnett said the response
should be simple and straightforward, and Ellis agreed, but he said that the Commission still
needs to deal with the essence of the concerns.
Anderson directed Mascari to write up the response and incorporate and blend in the
Commissioners' suggestions and concerns.
b. Airport Manager/Commission - Duties and Responsibilities
Anderson asked the Commissioners what they were going to do with the Airport Manager.
Anderson said the question is whether the Airport Manager is a manager of the Airport or a
seller of services. Ellis said those two are not mutually exclusive, and Robnett and Mascad
agreed. Ellis distributed a draft of a job description of an airport manager. He got the draft
from looking at text books and an AAAE publication. He said that the airport manager has
three functions: a management function, an administrative function, and a marketing
function. These functions exist at every airport, but differ depending on the size of the
airport. Ellis said the last time the Commission looked at this was in 1988, and since 1988
the role of an airport manager has changed. In 1988 it was a relatively new career, and it
has increased to where there is now accreditation and college classes. The issue was then
deferred because of the absence of Ron O'Neil at the meeting.
c. Executive Session- Personnel
This matter was deferred due to the absence of Ron O'Neil at the meeting.
ADJOURNMENT:
The meeting was adjourned at 7:20 p.m.
sue/air porb'comm8~-02.doc
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FiNAL/APPROVEu2 b{2
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY~ AUGUST 8~ 2002 - $:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Michelle Robnett, Mark Anderson, Alan Ellis
STAFF PRESENT: Sue Dulek, Bob Harding
CALL TO ORDER:
Chairperson Anderson called the meeting to order at 5:45 p.m.
APPROVAL OF MINUTES:
The minutes of the July 18, 2002, Commission meeting were approved as submitted.
AUTHORIZATION OF EXPENDITURES:
Anderson said he wanted to note that the Airport Manager's father passed away two days ago and
that is why O~Neil was not at the meeting. Anderson said the Commission would send flowers.
Robnert made a motion to pay the bills. Ellis seconded the motion and the motion passed 4 - 0.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
No items were presented.
ITEMS FOR DISCUSSION/ACTION:
i. Fly-in breakfast - August 25, 2002 Anderson said they should follow the same
procedure that they would normally follow. Mascari said maybe something could be
added to the ASOS broadcast. Blum, from H.R. Green, said that the ASOS is a federal
installation and they do not allow local information to be broadcast. It would take too
much time to try to get approval. Ellis said a NOTAM should be filed to remind pilots to
follow the correct normal procedures.
Jim McCarragher, from SERTOMA, joined the meeting by audio conference. He said
that pilots are used to having advisories at Iowa City because it is usually busy during the
Fly-in breakfast event. He said be thought fi.om a safety standpoint, someone should be
outside visually monitoring the traffic to assist with the advisory broadcast.
Anderson said it was not the Commission's decision not to have a tower. The FAA said
that they did not have the money to provide a tower. Mascari said he was concerned that
a non-trained advisor might not be the best idea. Mascari said that as a Commission, he
did not think someone should be appointed to give advisories.
Ellis asked if the FAA could be hired to man a tower or advisory frequency? Blum said
that SERTOMA was not asking for a tower. They were just concerned that there was a
proper job done with providing the UNICOM advisories. Ellis said it would be a good
idea to have a UNICOM radio outside where the operators can see what is going on at the
Airport. Mascari said he just thinks it would be too much liability for the Commission to
operate the UNICOM.
Robnett said that groups running an air show usually are responsible for the UNICOM.
She said SERTOMA could run the UNICOM. McCarragher said that the breakfast is and
always has been co-sponsored by SERTOMA and the Commission.
Pilot John Ockenfels said that the majority of pilots coming to Iowa City would not be
talking to Cedar Rapids approach. There will not be any traffic control from the Cedar
Rapids tower. The UNICOM frequency is not monitored by Cedar Rapids. He said that
safety should be considered before liability.
Anderson said that as a group, the Commission thinks it is important to have an advisory
radio for the fly-in. He said that the FBO, Jet Air, is responsible for monitoring the
frequency. Anderson said he thought Jet Air is the one that would have to ask for help
with the UNICOM.
PUBLIC HEARING - USAR LEASE:
Anderson opened the public hearing at 6:21 p.m. to accept comments on the lease with the United
States Army Reserve. No comments were received. Anderson closed the hearing at 6:22 p.m.
PUBLIC HEARING - DREUSICKE LEASE:
Anderson opened the public hearing at 6:22 p.m. to accept comments on the lease with Dreusicke
Holdings, Inc. No comments were received. Anderson closed the hearing at 6:23 p.m.
ITEMS FOR DISCUSSION/ACTION:
a. Building H - Simulator project Tom Schnell presented a program to the Commission that
included installing two or three flight simulators in Building H. He said the owner of the
simulators has narrowed his choice to the Iowa City site and a Phoenix site. Schnell said he
conducted a marketing study to see what kind of a response he would get for those who
wanted to train in Iowa City. He said based on his survey, 144 pilots per year would train in
Iowa City.
Schnell said he has assembled a team to provide management of the simulators. He said there
would be participants from his department at the University of Iowa and from Rockwell-
Collins. Schnell said that the question now remaining is if Building H could be modified. He
said a section of floor would have to be reinforced and the part of the building that now stores
Airport equipment would be leased for a classroom and equipment storage.
Dulek said that O2qeil has discussed the project with Steve Atkins. Atkins said that a
proposal should be put together for the Economic Development Committee to review. There
may be some economic development funds available. The Commission recommended
working with O'Neil to draft a letter to the owner of the simulators to express support by the
Commission and to present a proposal to the Economic Development Committee.
i. T-hangars leases- Because of a potential conflict, Anderson and Mascari did not participate
as Commission members in the development of the t-hangar lease. Ellis chaired this part of
the Commission. Ellis asked if there was any public comment on the lease? He said a copy
of the lease had been posted in the flight service room since August 1. Mark Anderson
pointed out a couple of typographical errors. Anderson also had a comment on maintenance
of aircraft. It had to do with being certified mechanics and working on their own aircraft.
The language would be changed to reflect that maintenance could be allowed by anyone
certified to work on his or her own aircraft.
Anderson wanted a clearer definition of what was considered a fixture that would have to be
left if the lease was terminated. Ellis said that if something were hard-wired in, it would be
considered a fixture. He said that if something were bolted in, it would become permanent
and is part of the hangar.
There was discussion on what was needed for notification of special events. There are
several instances were notification was to be given to the Commission. Anderson said it
needs to be clarified that the Airport Manager is an agent of the Commission.
John Ockenfels said a licensed mechanic could be brought in if the Airport does not have a
mechanic that can service a particular plane.
Ellis said he is suggesting that the security deposit be one month. The deposit would be kept
until the lease expires. It could be the last month's rent. The lease would be for one year.
b. Aviation Commerce Park
1. August report - Tracy Overton, from Iowa Realty, said there is still interested in
purchasing lots, but not much interest in leasing lots. He has a potential tenant that is
ready to make an offer to purchase. Mascari said this could be addressed with the
Council at the Council/Commission meeting on August 19'h.
Dulek said that until a waiver is received from the FAA, the property could not be sold.
Mascari asked if an offer could be made, contingent on receiving approval from the
FAA? Overton wanted to know who would actually sign off on the property for a sale?
Ellis said that is something that would have to be worked out with the City Council.
The Commission discussed what steps could and should be taken to move forward with
sale of the property. This would include FAA approval and a mechanism in place with
the Council on how to move forward with an offer and sale. Robnett and Mascari will
meet as a subcommittee and work on the logistics with Council.
Ellis asked about marketing more to attract aviation businesses. He said that in order to
get a mailing list for those interested in moving their aviation-related business, it may
cost a couple of thousand dollars. Overton said that the Airport would have to be ready
to construct the connecting taxiway to provide access to the Airport.
Mascari said he thought it would be a good idea if Overton attended the
Council/Commission meeting on August 19 in case there are any questions about
marketing the Aviation Commerce Park. Overton said that if the property were to be
sold, he would like an agreement in place as soon as possible. He said he did not want to
devote a lot of time to the sale of the property if he was not going to be the agent that sold
the property. He said that since he is familiar with the project, he would be the best
realtor to sell the property.
d. Property lease-Toyota of Iowa City- This item was deferred to the next meeting.
e. United States Army Reserve lease- This item was deferred to the next meeting.
f. Obstruction removal project - This item was deferred to the next meeting.
g. Environmental Assessment - This item was deferred to the next meeting.
h. Bulletin board policy - Flight planning room - This item was deferred to the next
meeting.
CHAIRPERSON'S REPORT:
Anderson said he would like to acknowledge the hard work and time that the Commission
members have contxibuted over the past few weeks. He said there were several projects that have
taken a lot of Commission member's time.
COMMISSION MEMBERS' REPORTS:
Mascari said he wanted to express his sympathy to Run O~NeiI on the death of O~Neil's £ather.
Mascari said the runway lights seemed dim.
Anderson said he thought there had been problems with the 100LL pump. Blum said he knows
O~Neil had contacted a local service company and thought the problem was resolved. Maseari
asked if there was any recourse from Double Check for all the problems the Commission seemed
to be experiencing? Blum said the equipment is still under warranty. Mascari wanted to know i£
there was any way to recover lost revenue from Double Check?
Robnett said she has been working on public service announcements. She said because of the
immediate attention other issues have required in the past month, she has not concentrated on the
PSA's. Iowa City's video services said they thought the video the State IDOT put together could
be used locally.
Mascari said he wanted to thank Councilman Phab for having the meeting taped.
ADMINISTRATIVE REPORT:
Dulek said she had nothing more to report.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for September 12, 2002,at 5:45 p.m.
ADJOURNMENT:
The meeting was adjourned at 7:38 p.m.
Mark Anderson, Chairperson
FINAL/APPROVEDE
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY AUGUST 29~ 2002 - 12:00 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Rick Mascari, Baron Thrower, Mark Anderson
STAFF PRESENT: Sue Dulek, Ron O'Neil
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
No items were discussed.
ITEMS FOR DISCUSSION/ACTION:
a. Obstruction removal project - Stanley contract - O'Neil said the contract has been
reviewed by the City Attorney's office and the Scope of Services have been reviewed by
the Iowa Department of Transportation. This project is funded through a 90/10 cost
sharing IDOT grant, with the IDOT paying the 90%. O~Neil said that because the project
has some impact on the Environmental Assessment project, he met together with H.R.
Green and Stanley to work on the Scope of Services.
Thrower said that because he is new, he looked at the last three Commission meetings
minutes to get an understanding of some of the projects. Thrower said it was not clear
from the minutes what kind of obstruct/ons needed to be mitigated. O2qeil said there are
over 100 obstructions, including things such as towers, trees, a church steeple, a hangar
building, and a couple of places where the ground is an obstruction.
Blum, from H.R. Green, said there were some obstructions that will not be able to be
removed. Thrower asked if there was some link between the Airport Zoning and the
obstruction removal? O2qeil said the zoning allows access on private property to remove
obstructions.
Thrower asked how many of the obstructions were related to getting a precision
approach? O'Neil said there were a number of obstructions that were related to a
precision approach. He said that even if all the obstractions were cleared, it would not be
likely that Iowa City would get a land-based precision approach. He said the FAA
Airports Planning Division has said they will not fund an ILS at Iowa City.
Anderson said there are two different answers coming from the FAA, one group saying
yes and the other group saying no. Mascari said he thought the FAA said that they
wouldn't object to Iowa City installing an ILS, but they would not help fund it. Mascari
said it would have to be funded locally.
O~Neil said that the obstructions would be prioritized, using criteria such as cost of
removal, distance from the Airport, etc. He said removal is important because they are
considered obstructions, regardless of whether Iowa City gets a precision approach or
not.
Mascari made a motion for a resolution to contract with Stanley Engineering for the
Obstruction Removal project. Thrower seconded the motion, and at roll call vote, the
motion passed 3 - 0, with Ellis and Robnett being absent.
b. Property lease - Dreusicke Holdings - O~Neil said Dreusicke Holdings would like to
lease 1.3 acres west of their property, to use as vehicle storage.
Jim Dreusicke was present to answer questions. He said the parcel would be used for
vehicle storage, with no buildings proposed for the property. Mascari said the lease
included the provision that any hard surface must be dust-free. The lease is for 10 years,
with the fees renegotiated after the first five years. The lease fee is the same as the
Commission used for other unimproved property, such as for the Iowa City School
District and the USAR.
Mascari made a motion for a resolution to lease approximately 1.3 acres to Dreusicke
Holdings, to use as vehicle storage. Thrower seconded the motion, and at roll call vote,
the motion passed 3 - 0, with Ellis and Robnett being absent.
c. Property lease - United States Army Reserve - O?,leil said this was the lease that was
in the Commission's packet for the August 8 meeting. It is a five-year lease, for about .5
acre of property, used for equipment storage. Anderson said Councilperson Vanderhoef
had a concern about the lease and what relationship it had to the USAR building. O2qeil
said the property where the USAR building is located was leased to them several decades
ago, for a 99-year term. He said he thought there was about 50 years left on their lease.
O2qeil said the lease they were discussing was for five years, with the fee the same as
other unimproved property on the Airport. Anderson said he thought the concern from
the Council had to do with a package they were working on that dealt with the National
Guard, the Post Office, the USAR, Johnson Cotmty, Iowa City, the School Board and the
Federal government. He said Vanderhoef did not want the Commission to lock the
USAR into a long-term lease.
O'Neil said that when he spoke with Vanderhoef, he had explained that the lease being
considered by the Commission did not include the property where the Reserve's buildings
are. O2qeil said that in the conversations he has had with the Reserve's property
manager, the Reserve was not contemplating a move any time in the near future.
Mascari made a motion for a resolution to lease approximately .5 acre to the USAR to
use as vehicle storage. Thrower seconded the motion, and at roll call vote, the motion
passed 3 - 0, with Ellis and Robnett being absent.
d. Airport Layout Plan - O2qeil said it was important for the Commission to have a current
Airport Layout Plan. Blum said the FAA would not accept the latest ALP that was
submitted because of the obstructions in the proposed RPZ for Runway 25. This
included a 50:1 approach slope. The Commission decided to recommend leaving the
50:1 slope in the Zoning Code and to revert to the 34:1 slope in the ALP. After the
Obstruction Removal project, the Commission can submit an ALP with the 50:1 slope to
allow for a precision approach.
Blum said that the revision would involve 8 pages of the Master plan drawings. He said
he has estimated the time involved and hoped Green could complete the project for less
than $1000.00. He said the contract called for a not-to -exceed fee of $1000.00.
Thrower asked if this guarantees the FAA will approve the ALP if the approach slope is
changed? Blum said the FAA has indicated this is their only objection. He said he has
every reason to believe this is their only concern. Blum said he would call the FAA
planner to confirm this.
Mascari said he thought the Commission should put this on hold until Thrower has a
chance to get up to speed on the issue. OXqeil said an approved ALP would be needed
before a waiver can be applied for on the Aviation Commerce Park and before any grant
offers can be accepted.
Thrower said his concern is the economic value of the contract to the project. He said the
economic value is the approval by the FAA for future projects. Blum said he would
contact the FAA and discuss the ALP update with them. Blum said the FAA is reactive
as opposed to proactive on projects such as this. O2qeil said the currently approved ALP
has the 34:1 slope, but the perimeters of the airspace drawings are non-standard. This
needed to be corrected.
Mascari said he would make a motion for a resolution to approve the contract with H.R.
Green to update the Airport Layout Plan. This is contingent on Blum contacting the FAA
to discuss if the 50:1 slope is their only issue for not approving the ALP. Thrower
seconded the motion and at roll call vote, the motion passed 3 - 0, with Ellis and Robnett
being absent.
e. MS Society - Use of Airport ~rounds - O~NeiI said the Commission approved the
application at their August 19"' meeting. The MS Society has arranged with Jet Air to
use Building F for their event. O2qeil said there were two glitches in the event. One was
the proper insurance. He said the MS Society would provide the Risk Manager with the
insurance certificate she requested.
The other issue is that part of the fundmiser is a wine tasting event. There was a question
about consumption of alcohol in a public building. The City Attorney's office reviewed
the event and does not think the ordinance applies because it is a public building that is
leased to a private company and is not open to the general public. The MS Society is not
required to have a liquor permit for this event.
O~Xleil said that although the Commission already approved the application, he wanted to
confirm with them that there were not legal barriers to holding the event. The event is
scheduled for October 26.
Mascari asked if there were provisions to keep the participants from the airside of the
Airport? O'Neil said that will be the responsibility of Jet Air because they were donating
the building. Anderson said that a letter should be sent to Jet Air, to remind them that
there needs to be strict security to keep the participants from accessing the airside of the
Airport.
IV. Chairperson's report:
Anderson asked if the 100LL pump was working? O'Neil said it was not working last
night, but he had worked on it this morning and it is now working.
Anderson said hc made a presentation to a service group on Tuesday. He said he
answered a lot of questions about the recent articles in thc newspapers. He said he
received a lot of positive comments. He said he thought that by the time hc was done, it
was clearer about the economic value of thc Airport.
Anderson commented on the editorial in thc Press Citizen. He said he thought it was
another attempt by thc Press Citizen to sell newspapers.
Thc tenant has been evicted from hangar # 61. Two tenants want thc hangar. Court
proceedings will be necessary to collect back rent.
Ellis sent Anderson a memo, suggesting he summarize the meeting of August 19 and
clarify what the Council expects from the Commission over the next year.
Anderson welcomed Thrower to the Commission. He said he noted that Thrower has
experience in strategic planning and that would be helpful to the Commission in the
future. Thrower suggested involving the Eastern Iowa Airport in their strategic planning.
ADJOURNMENT:
The meeting was adjourned at 12:52 p.m.
Mark Anderson, Chairperson
FINAL/APPROVED
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 14, 2002 - 5:00 P.M.
CIVIC CENTER - COUNCIL CHAMBERS
MEMBERS PRESENT: Eric Gidal, T.J. Brandt, Dennis Keitel
MEMBERS ABSENT: Vince Maurer, Mike Paul
STAFF PRESENT: Karen Howard, Sarah Holecek, Bob Miklo
OTHERS PRESENT: Randy VanWinkle, Pastor Chris Arch, Paul Bethke, Joe Michaud, Mike
Ostlund, Brad Houser, Kathleen Steve
CALL TO ORDER:
Chairperson Brandt called the meeting to order at 5:07 P.M.
Brandt announced that, due to the fact that two members were absent, there would not be a quorum for
items #2 and #3 on the agenda. He stated that due to his business relationship with the applicant on item
#2, he will have to recuse himself from deliberation on that item. Further, he said that Gidal will recuse
himself from consideration on item #3 due to his close personal relationship with the applicants. He said
that the Board would schedule a special meeting as soon as staff is able to contact all members. Holecek
set out a paper for people to put down names, addresses and e-mail addresses to be notified when these
items are rescheduled.
ROLL CALL:
Keitel, Gidal, Brandt present.
CONSIDERATION OF THE JUNE 12, 2002 BOARD MINUTES:
Motion: Gidal moved to approve the June 12, 2002 minutes. Keitel seconded. Motion carried 3-0.
SPECIAL EXCEPTIONS:
EXC02-00009. Public hearing regarding an application submitted by the Good News Bible Church for a
special exception to allow a religious institution in a Low Density Single Family (RS-5) Zone on Lot 307 of
the Mount Prospect Addition, Part Viii, located south of Lakeside Drive.
Howard stated that the Board approved an exception five years ago for a church on this particular
property, and that exception has expired. She said the church members have been raising funds to
construct a new church, but needs some additional time. She stated that the applicant has submitted a
new site plan for the church as well as some preliminary building elevations. She said the exception is
similar to the previous one, but they have asked for additional parking spaces. She said the Board initially
granted 64 parking spaces based on attendance at that time. She said the congregation has grown, and
weekly attendance is now between 100-150 people per week, with mid-week events the church intends to
have.
Howard said that the property seems to meet the specific standards for religious institutions. She said the
property has access to a collector street, Lakeside Drive. She said the minimum lot area has to be 40,000
sq. ft., and this property is approximately 5.2 acres. She said that the minimum yard requirement setback
is 2 feet for every foot of height; though no building plans have been prepared, the preliminary plans show
the building to be about 18-20 feet in height. She said the new site plan shows the proposed building with
parking in front. She stated it is surrounded completely by single-family homes, so careful site planning
needs to occur to minimize the effect of large parking lots and lights, and the traffic associated with this.
Howard stated that the applicant says they are willing to create landscaping between the parking lot and
the surrounding homes for buffer. She said that staff has concerns about the amount of parking
requested, similar to the concerns expressed five years ago. She said it is a large site, but staff feels
Iowa City Board of Adjustment Minutes
August 14, 2002
Page 2
concerned that they only construct the amount of parking actually needed for the size of their
congregation. Staff suggests that, using their initial plan, the Board approve 86-90 spaces, and land bank
another 40 spaces for the future that could be approved if the church brought in evidence that they
needed those spaces.
Howard said that when this lot was subdivided, it was a requirement that a 20-foot-wide pedestrian
easement be dedicated to the City as part of the trail system connecting Grant Wood School to the
Kickers Soccer Park. She said this is the last link of the trail. She stated that the agreement says that
"upon development" the trail easement will be dedicated. Staff suggest that if the Board approves the
extended special exception, that a condition be that the trail easement be dedicated at this time so the
trail can be completed.
Staff recommends that EXC02-00009 be approved subject to: 1) prior to the issuance of a building permit
for the religious institution, the applicant must submit a site plan for review and approval by the Director of
Planning and Community Development to assure general conformance with the building design, site
layout, buffer areas and building orientation as illustrated on the site plan and building elevation date-
stamped August 8, 2002; 2) the site plan should indicate a parking lot with no more than 90 parking
spaces; area for an additional 40 parking spaces can be indicated on the site plan; the director of
planning may approve conversion of this land-banked area to parking upon determining that additional
parking for the church's use is warranted; 3) the site plan should include a landscaping plan that will
ensure that the parking lot is screened from view of the adjacent residential properties; 4) the location of
the building must conform to the City's setback requirements for religious institutions, 14-6L-10; 5) the
applicant must dedicate a 20-foot-wide public access and pedestrian/bicycle trail easement to the City of
Iowa City within 30 days of the date the Board's decision is recorded; and 6) approval of the special
exception is extended to August of 2004.
Keitel asked how the applicant will be required dedicate the trail easement. Holecek said that she
believes the easement is already demarcated on the subdivision plat, so another easement plat would not
be necessary, and they would only need to execute an easement agreement running to the City. Keitel
asked if it was a dedicated easement, why is there this condition. Holecek said it is not a dedicated
easement; it is merely labeled on the subdivision plat. Howard said that the subdivider's agreement states
that it will be dedicated upon development of that particular lot; since it has not yet been developed, it has
not been dedicated.
Keitel said that in the decision of five years ago there was some discussion of the stormwater detention
easement that was potentially shown on that lot. He asked if it will still be required due to the regional
stormwater detention facility that was part of the South Sycamore plan. Howard said that since this
stormwater facility was constructed, the applicant will have to tie from their existing stormwater into the
regional stormwater, which is directly to the south. Holecek said that the easement for stormwater
management that had been reserved with the subdivision plat was formally released a couple of years
ago, and the condition was added that this lot, upon development, would have to tie its storm sewer into
the regional facility.
Public Hearin~l Opened
Randy VanWinkle, VanWinkle Jacob Engineering, introduced himself and stated they prepared the site
plan; he brought a copy if anyone is interested in reviewing it. He said that the applicant requested 175
parking spaces, 126 of which would be paved at this time and the rest reserved as a proposed future
parking area. He said the building is being designed for a sanctuary of 350 people, with a wing for
Sunday School and meeting rooms.
VanWinkle said they agree with almost everything in the staff report, including the landscaping. He said
that they do disagree with the parking numbers suggested by the City. He said that with the landscaping
they will provide, that will mitigate any adverse effects on the neighborhood. He said they plan to install
lights that shine down, similar to the lights in the Parkview parking lot.
VanWinkle said that 90 spaces is not going to be enough for the present congregation. He said that at an
average of 1.5 persons per car, 90 spaces would only allow 135 people. He said they currently have more
than that attending Sunday services pretty much every Sunday. He said that they feel it would be safer,
Iowa City Board of Adjustment Minutes
August 14, 2002
Page 3
and that the public welfare would be better served by being able to park 126 cars, and down the road,
175 cars with the banked spaces.
VanWinkle said they feel like they will be an asset to the neighborhood with all the planting islands and
trees, and the additional landscaping, and that the parking areas will not be illuminated unless they were
in use at night. However, they feel restricting the onsite parking to 90 spaces would adversely affect the
neighborhood. He said that cutting down the onsite parking spaces would be injurious to the
neighborhood and it would be prevent the church from being able to expand and provide the parking
needed for a church of this size.
Keitel asked if additional parking was considered with regard to future growth. VanWinkle said that
expansion of the building was not considered because at this point the sanctuary for 350 should be all
they need in the 5-10 year future. However, they do feel that additional parking will be required. Keitel
asked if the 175 figure would be the ultimate figure for parking. VanWinkle said that he would not want to
project parking for years down the road. He said that for the foreseeable future, they know the building is
probably sized right for the growth. He could not make a guess on growth as far as farther than 10 years
down the road.
Chris Arch, Pastor of Good News Bible Church, said that he can't foresee what 10 years would bdng. He
said that just amongst their board, they have discussed that as a congregation they would probably never
see growth beyond 350, but would be willing to plan a second church in another part of town or outside of
town. He said that always has to deal with a congregational vote.
Arch said that parking is one of the most crucial elements for a church to grow. He said they are asking
for two individuals per car with the largest room, seating capacity of 350. He said they average from 120
to 150 currently. He said that they are outlaying a considerable amount of money to build on this site, and
they may not have enough parking to meet their needs with what the City is recommending. He said that
being in a permanent location allows for growth.
Arch said that page 4 of the staff report indicates that half of the spaces be considered compact spaces.
He said they disagree; he said that if they were only given 90 spaces and half were considered compact
spaces, it doesn't seem they are getting a whole lot more than what they received five years ago. He said
they don't want to be a nuisance to a community that they are trying to minister to; he said the way to be
a nuisance is parking cars in front of peoples' houses and walking across their lawns. He said if they have
enough land to park on it, they should not have to park on the street.
Arch asked for clarification of the trail easement; he said the previous pastor is no longer in this area and
he has no paperwork about this. He said they were approached by Mr. Knoche of the engineering
department about temporarily leasing to the City access to work on the proposed trail project, and that the
City was making an offer for the section of easement for the pedestrian/bicycle trail. Holecek said that
engineering was not aware that when the general area was platted and this lot created, the subdivider's
agreement had an obligation that upon this lot being developed, it would dedicate a 20 foot wide public
trail pedestrian access easement on the easterly border, and that the legal papers do reflect that
obligation on the lot. She said Mr. Knoche from Engineering was looking at the project as a whole and
was not aware of the encumbrance on the lot. Holecek said that, given the fact that a special exception
gets them that much closer to actually being able to do the building on the lot, the City is asking that the
dedication be made now with the special exception approval.
Howard said that she sent the information to Pastor Arch in an e-mail message a few weeks ago,
immediately upon finding out about the easement requirement, stating there is a subdivider's agreement
that highlighted both the storm sewer issue and the issue of the dedication of the trail. She said she
quoted the subdivider's agreement, and has a copy if he wants to see it. Arch said that he has no qualms
about this, but that they want to start with 126 spaces and have the reserve land bank of 49 spaces.
Paul Bethke, 12 Amber Lane, said that this will directly affect his residence. He said that until he sees the
landscaping plans, he cannot comment on that issue. However, the lighting will be a concern to him
because his property will be right on the back end of the building. He does like the trail and hopes it gets
resolved. He said that he feels 90-100 spaces would be adequate because Grant Wood Elementary is
across the street and they have plenty of parking there; and Lakeside Drive is a wide street with a lot of
iowa City Board of Adjustment Minutes
August 14, 2002
Page 4
parking. He said he doesn't have a problem with the church being there, but the parking lot is going to be
kind of excessive. He said that it is secluded, and there may be more problem with people coming in and
parking during the evening.
Joe Michaud, 28 Stanwick Drive, said he is a used book dealer selling out of his basement. He said he is
concerned because every time it rains, water builds up in his backyard and up to his neighbors. He said
there is a natural drainage that runs into the creek, but it does not do an adequate job. He said he was
concerned of the possibility of loss of livelihood if his basement gets flooded due to the parking lot
causing water runoff into his yard. He asked if they would be required to put adequate drainage in to
decrease the water runoff into his backyard.
Keitel stated that he is a civil engineer, and he thinks he could assure Michaud that the design of the
parking facilities would be such that there would not be any drainage onto adjacent properties, but it
would all go to the south toward the regional stormwater facility.
Michaud thanked Keitel for this assurance. He said that where he lives, he will still be able to see the
parking lot and lights at night, and the treeline should be wrapped around the parking lot. He said he and
his wife enjoy the fireflies at night, and does not want to look out and see parking lots any more than he
has to.
Mike Ostlund said he lives at the corner of Lakeside and formerly Gable. He said his family will be as
impacted as anyone if the church goes in. He said he had the same concerns as Michaud in regard to the
flood potential. He referred to some people in Cedar Rapids that feel that development has caused
almost total destruction to their houses this last summer. Keitel said that the issue in Cedar Rapids was
not caused by development. OsUund said he urges the City to give the church as much parking as they
want. He said it would not enhance the neighborhood to have cars parking along the street or in the
school, so long as it won't impact the flood situation.
Ostlund asked when the City anticipates the trail to be done. Howard said this is the last link and is
awaiting dedication from the church. Holecek said she believes it was on schedule to be done by this fall.
Pastor Arch responded to Mr. Bethke's questions regarding parking. He said that in nice weather it may
make a lot of sense to park on the street or at Grant Wood; however, in November, December, January
and February, when it is icy, he does not believe too many elderly or people with little children would want
to do that. He also had concerns about the legalities if someone were to fall and be injured on Grant
Wood's property. He said, if they do have the parking available now, why take the chance to offend the
individuals living in the neighborhood.
Howard reiterated that staff is supportive of the church having as much parking as they need. She said
the means to approve that parking over time is there, and to safeguard and make sure they don't have
too much paving in the area, it seems reasonable to approve a certain amount now, shown on the plan,
and then administratively increase parking as needed.
Public Hearin!:l Closed
MOTION: Gidal moved to approve EXC02-00009, the application submitted by the Good News
Bible Church for a special exception to allow a religious institution in a Low Density Single Family
(RS-5) Zone on Lot 307 of the Mount Prospect Addition, Part VIII, located south of Lakeside Drive,
subject to the following conditions: 1) prior to the issuance of a building permit for the religious
institution, the applicant must submit a site plan for review and approval by the Director of
Planning and Community Development to assure general conformance with the building design,
site layout, buffer areas, and building orientation as illustrated on the site plan and building
elevations date-stamped 8/8/02. The site plan should indicate a parking lot with no more than 90
parking spaces. Area for an additional parking spaces can be indicated on the site plan. The
Director of Planning may approve conversion of this land banked area to parking upon
determining that additional parking for the church's use is warranted. The site plan should include
a landscaping plan that will ensure that the parking lot is screened from view of the adjacent
residential properties; 2) the location of the building must conform to the City's setback
requirements for religious institutions, 14-6L-10; 3) the applicant must dedicate a 20 foot public
Iowa City Board of Adjustment Minutes
August14,2002
Page 5
access and pedestrian/bicycle trail easement to the City of Iowa City within 30 days of the date the
Board's Decision is recorded; and 4) approval of the special exception is extended to August of
2004. The motion was seconded by Keitel.
Keitel stated he would like to amend the motion. He stated that in place of 90 parking spaces, he
would like to insert the number 126, and for the additional 40 spaces, insert the number 49, to give
the applicant the total 175 spaces. Gidal seconded.
Holecek clarified that the motion on the floor is for 126 approved parking spaces, with 49 future
landbanked spaces. She asked if the 49 future spaces are landbanked. The Board stated that is their
intent by this motion.
Findings of Fact
Keitel said that this was previously approved five years ago; it is still a good plan. He said he agrees with
Mr. Ostlund's statements that the church should have as much parking as they need, and 175 seems
reasonable since they have plenty of land space available. He stated that he was sure that during the
design process, they will address any issues regarding drainage and potential flooding of adjacent
properties. He said he will vote in favor.
Gidal said he will vote in favor. He said he is not a big fan of large parking lots, but this seems to meet the
church's reasonable needs and does not seem to be adversely detrimental or endangering to the
surrounding neighborhood. He said they seem to meet all other requirements.
Brandt said he agrees with his colleagues, and will vote in favor of the exception. He said he did live in
the neighborhood for about 8 years, so he is well aware of the neighborhood. He said it is nice to walk out
your back door and see the open field, but he knew that the land was going to be developed when he
lived there. He said it would be nice to have a church, where there is still room for the dog to run and kids
to play and not have to worry about traffic concerns. He said that it was approved five years ago.
The motion passed on a vote of 3-0.
EXC02-00010. Public hearing regarding an application submitted by Roberts Dairy Company for a special
exception to reduce the front yard setback to allow the applicant to enclose a loading dock at the
northwest corner of Dodge Street and Saint Clements Street, for property located in the Highway
Commercial (CH-l) Zone at 1109 North Dodge Street.
EXC02-00012. Public hearing regarding an application submitted by Adalaide Morris and Wendy
Deutelbaum for a special exception to reduce the east front yard from 20 feet to 0 feet for the 30 foot
frontage adjacent to the house along Van Buren Street for property located in a Historic Preservation
Overlay/Medium Density Single Family (OHP/RS-8) Zone at 431 Brown Street.
Brandt stated that EXC02-00010 and EXC02-00012 have been tabled until further notice. Holecek
clarified that these items were tabled due to a lack of quorum as a result of the conflict of interest
articulated by T.J. Brandt as to the first exception, and the conflict of interest articulated by Eric Gidal as
to the second exception, there not being a quorum, the meeting cannot be convened on each of these
items so they will be taken up at either a special meeting or the next meeting of the board.
EXC02-00013. Public hearing regarding an application submitted by Kathleen A. Steve for a special
exception to allow parking for property at 320 E. Benton Street to be located on a separate lot at 816 S.
Gilbert Street. Both properties are located in the Community Commercial (CC-2) Zone.
Miklo said that the Board approved a special exception in 1990 for the property at 320 E. Benton Street to
allow a commercial building with four apartments on the second floor. He said that was done with the
condition that six of the parking spaces on the property be signed and reserved for residential tenants
only. He said the building was built, and now the applicant would like to convert part of the retail space on
the first floor to a restaurant. He said a restaurant requires more parking spaces than retail or office, so
one additional parking space is needed for the development. He said this property currently requires 20
spaces; the restaurant results in a total of 21 spaces.
Iowa City Board of Adjustment Minutes
August 14, 2002
Page 6
Miklo said the applicant has shown a site plan showing 20 spaces, as approved in 1990. However, he
said the actual spaces on the lot differ from this plan, leaving a total of 18 on the property. He said the
applicant's property could be reconfigured to result in 20 spaces, leaving the property short one parking
space. He said the special exception is to allow this one space to be put on the neighboring property at
816 S. Gilbert Street. Miklo said that the site plan for 816 S. Gilbed Street has no excess parking space;
all 23 spaces are required for the existing businesses and residential uses. Therefore, he said staff
advised the applicant that it would not be possible for the Board to approve a special exception unless a
site plan was submitted showing there are enough spaces on both sites to meet the proposed and
existing uses on the property.
Miklo states that the application does not meet the general or specific standards required for a special
exception. He said that when there is not sufficient parking for a commercial/residential use such as this,
it may be possible that both the retail or restaurant customers and the residential tenants of the building
would be forced to seek parking on other private property without permission, or park on the street or
illegally. He noted that although this property does not have direct vehicle access to Gilbert Street, it does
have access to Benton Street which does intersect with Gilbert Street. Therefore, he said there are traffic
concerns with the arterial street.
Miklo said the applicant has been working to try to devise a site plan that would show 21 parking spaces
on this property. He said if they are able to produce such a site plan, then no special exception would be
required. He said staff is not able to recommend approval of this application at this time. He said they
recommend that the applicant seek a deferral, or staff will recommend denial.
Brandt confirmed that the applicant is currently working on a plan for 21 spaces, and has been given the
opportunity to defer. Miklo said he spoke with Brad Houser this afternoon and advised him that one option
would be to defer this, but they still wanted to seek the opportunity of providing a space offsite. Brandt
confirmed that 816 does not have any excess parking available. Miklo said that 816 is legally
nonconforming; it is required to have 25 spaces, and it has 23, front and back.
Public Hearinq Opened
Brad Houser asked if they decide to defer, can they defer to next week? Miklo said it would be deferred to
next month. Houser said that was a problem. Brandt stated that the application could be deferred to the
special meeting. Houser said the tenant is willing to take this space for five years with options, but it
cannot be deferred for another month. Miklo stated there are other options the City is looking at to work
with the applicant. Brandt stated he would like to defer this item until the next meeting. Holecek stated
that staff will endeavor to do the special meeting in the next week or two, but cannot make that
commitment at this point. Howard stated that if the special exception changes substantially, there is a
question about notice, and it would have to be re-noticed 7 days prior to any meeting.
Kathleen Steve, the applicant, said she would like to defer this item to give time to try to work out her
options.
Public Hearing Closed
Brandt moved that this item be deferred at this time. Gidal seconded. Brandt stated that staff will
notify the applicant when the special meeting is to occur.
Brandt stated that EXC02-00013 has been deferred until the next meeting, which at this point is not
known until the other board members can be contacted.
BOARD OF ADJUSTMENT INFORMATION
Howard stated that about an hour before the meeting she received a request from Austin Chamberlain,
an applicant who came before the Board last January. He was granted a special exception at that time
provided he could get an easement from his neighbor for maintenance of the garage, and provided that
the garage be brought up to building code standards. She said the exception expires tomorrow, and he
was requesting that he be granted an extension. She said since it was not on the agenda for today, it will
Iowa City Board of Adjustment Minutes
August 14, 2002
Page 7
be on the agenda for the next meeting and perhaps the Board could make it retroactive. She said there
are some issues with the building depaAment that need to be resolved, and staff needs time to work with
him to see if it's possible to resolve these issues.
Howard said that she has been reassigned to redraft the development code, so will not be working with
the Board of Adjustment for the next year. She did not know at this time who will be taking over.
The next meeting is scheduled for Wednesday, September 11,2002.
ADJOURNMENT
Keitel moved to adjourn, seconded by Gidal. The meeting adjourned at 6:23 PM.
Board Chairperson Board Secretary
Minutes Submitted By Neana Saylor
FINAL/APPROVED
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
SPECIAL MEETING
WEDNESDAY, AUGUST 21, 2002 - 5:00 P.M.
CIVIC CENTER - COUNCIL CHAMBERS
MEMBERS PRESENT: T.J. Brandt, Dennis Keitel, Vince Maurer, Mike Paul
MEMBERS ABSENT: Eric Gidal
STAFF PRESENT: John Yapp, Shelley McCafferty, Sarah Holecek
OTHERS PRESENT: Diane Eckert, Stefan Eckert, Beverly Haverkamp
CALL TO ORDER:
Vice-Chairperson Paul called the meeting to order at 5:00 P.M.
ROLL CALL:
Maurer, Paul, Keitel present. Brandt arrived at 5:05 p.m.
SPECIAL EXCEPTIONS:
EXC02-00010. Public hearing regarding an application submitted by Roberts Dairy Company for a special
exception to reduce the front yard setback to allow the applicant to enclose a loading dock at the
northwest corner of Dodge Street and Saint Clements Street, for property located in the Highway
Commercial (CH-l) Zone at 1109 North Dodge Street.
Yapp stated this is for a yard reduction to enclose the existing loading dock. He said the existing building
is non-conforming in its location adjacent to St. Clements Street. He said that enclosing the loading dock
will essentially create additional enclosed building space within that 20 foot setback and, therefore,
requires a special exception. He said it would reduce the front yard from 20 feet to 5.5 feet along the 10
foot width of the loading dock in this location.
Yapp said the exception will not change any use of municipal services. He said staff feels it will have a
positive impact on the neighborhood and will shield from view some of the activities currently occurring on
the loading dock. He said it will protect some of the storage on the loading dock from the elements. He
said the loading dock will not be increasing in size, nor will it increase the level of use of the loading dock.
He said staff recommends EXC02-00010 be approved, subject to the appearance of the enclosure being
similar to the appearance of the rest of the building.
Paul asked if the applicant is required to submit a drawing or plan to show what it will look like. Yapp said
it is not a requirement, unless the Board would desire it. He said that typically the site plan is required.
Public Hearinq Opened
None.
Public Hearinq Closed
MOTION: Keitel moved to approve EXC02-000t0., AN application submitted by Roberts Dairy
Company for a special exception to reduce the front yard setback to allow the applicant to enclose
a loading dock at the northwest corner of Dodge Street and Saint Clements Street, for property
located in the Highway Commercial (CH-I) Zone at 1'109 North Dodge Street, subject to the
appearance of the enclosed loading dock being similar in materials and color to the rest of the
building, and reduce the front yard from 20 feet to 5.5 feet. Seconded by Paul.
Findinqs of Fact
iowa City Board of Adjustment Minutes
August21,2002
Page 2
Keitel said this is a pretty straightforward request, with no negative aspects. He said he thinks they meet
all the criteria they are supposed to consider. He feels it will be an improvement to the side of Roberts
Dairy seen from Dodge Street. He said he will vote in favor.
Paul said he will vote in favor. He said that, regarding specific standards, he does not see it being a
substantial exception in relation to the requirement for reduction, nor any effect on population density and
use of municipal facilities. He said there is not really any feasible alternative for this project, and the
interests of justice will be served. He said that, as far as the general standards, it will not be detrimental or
endanger public, health, safety, comfod or general welfare, and it will not be injurious to anyone in the
neighborhood and in use of their property as they are entitled. He said it will not impede normal and
orderly development or improvement of surrounding property, and there are adequate utilities, access
roads and so forth, and ingress and egress have been provided and remain the same, and it appears to
be consistent with the short-range Comprehensive Plan, so he will vote in favor.
Maurer said he will vote in favor, and he sees only advantages to this project.
The motion passed on a vote of 3-0.
Chairperson Brandt took over the meeting at this point. Holecek asked that the record reflect that Brandt
was absent from the last deliberation, discussion and determination as a result of his conflict on the
Roberts Dairy issue. Brandt confirmed.
EXC02-00012. Public hearing regarding an application submitted by Adalaide Morris and Wendy
Deutelbaum for a special exception to reduce the east front yard from 20 feet to 0 feet for the 30-foot
frontage adjacent to the house along Van Buren Street for property located in a Historic Preservation
Overlay/Medium-Density Single-Family (OHP/RS-8) Zone at 431 Brown Street.
McCafferty stated that this property is located at Brown Street and Van Buren. She said that a fence was
constructed by the applicant for the purpose of enclosing their dogs; the fence is over four feet in height,
so the setback requirements apply. She said that the applicant thought that this particular yard, fronting
on Van Buren Street, was a side yard and the side yard requirements would apply. However, this is
actually a double-fronting lot, so the 20-foot setback applies to both the front yards.
McCafferty said that the intent of the four-foot height limitation on a fence within the front yard is to
maintain visibility between the public street and the private realm, which contributes to a safe, friendly
neighborhood. She said this fence is a decorative fence, which the applicant felt fit within the historic
character of the neighborhood. She said it has two gates which are approximately three feet in height; the
majority of the fence is five feet in height.
McCafferty said there is a unique situation here; this is a non-conforming lot of 40 feet by 100 feet. She
said that within the RS-8 zone the minimum lot is 45 feet and the minimum square footage is 5000 square
feet. She said this house was constructed with only an 11-foot front yard, which contains a very steep
slope. She said this property has a wide right-of-way encroaching on it. Typically the right-of-way line
would be right at the inside edge of the sidewalk, but at this case it is four feet in from the sidewalk. She
said this is not unusual within the older neighborhoods, but when the Code was written this situation was
not taken into account.
McCafferty said in terms of the practical difficulty, the small yard on Van Buren makes it difficult to
maximize the use of the yard. In addition, she said the steep topography also makes it difficult to
construct a fence which meets the building code and can also contain the dogs.
McCafferty said that staff feels the reduction from 20 feet to 0 feet is substantial; however, the special
exception would only be for the length of the house, which is 30 feet. In addition, she said the special
exception would only be for the fence; therefore, in the future, a more substantial structure could not be
built within the location of the fence.
McCafferty said that public works feels this will not create a public hazard and is willing to grant a permit
to the applicant for use of the public right-of-way for this fence.
Iowa City Board of Adjustment Minutes
August 21, 2002
Page 3
McCafferty said that in terms of an alternative, it would not be particularly financially feasible to ask the
applicant to remove the fence or to move it to another portion of the property. She said the size of the
property is limited, and this fence was designed specifically for the site taking into account the
topography.
McCafferty said staff feels the interests of justice would be served by granting the special exception for
the reasons of the unique circumstances that have been described.
Keitel asked what the right-of-way width of Van Buren Street was in this vicinity. McCafferty confirmed it is
80 feet. Keitel asked if the actual encroachment into the City's right-of-way was approximately 2 feet;
McCafferty said it is approximately 2 feet 8 inches, and there is still 18 inches behind the site.
Public Hearing Opened
Diane Eckert said she and her husband live across the street from the applicants. She said they felt it
important to come and support Wendy and Dee in their building of the fence. They feel it is a beautiful
addition to the neighborhood, and does enclose the dogs. She said the top of the fence has latticework
and allowed people to see. She said it does not encroach in any way on the sidewalk, and the slope of
the front yard makes it very difficult to build a fence that would be in the four foot realm. She said the
fence works very well and she is very much in favor of it.
Beverly Haverkamp said she is a northside neighbor, and admired the fence. She said that her property
has three front yards. She said she thinks the fence has a lot of integrity for the way the land is laid; she
feels it is in keeping with elements of Frank Lloyd Wright. She strongly supports the applicant.
Public Hearin~ Closed
MOTION: Paul moved to approve EXC02-000t2, the application submitted by Adalaide Morris and
Wendy Deutelbaum for a special exception to reduce the east front yard from 20 feet to 0 feet for
the 30-foot frontage adjacent to the house along Van Buren Street for property located in a
Historic Preservation Overlay/Medium-Density Single-Family (OHP/RS-8) Zone at 431 Brown
Street, with the condition that the reduction of the east front yard is for as long as the existing
fence is retained on the lot at its current location. Seconded by Maurer.
Findinqs of Fact
Maurer said he is in favor of the motion. He said it is hard to imagine that anyone would complain about
the fence. He admires that lovely fence. He said the neighborhood is increasingly being improved, and
this helps enhance the neighborhood and commended the applicant.
Paul said he will vote in favor. He said the specific standards have been met, and staff did a good job of
outlining how those were met. He said that this will not be detrimental or endanger public health, safety,
comfort or welfare; will not be injurious to others' use and enjoyment of their surrounding property; and it
will not impede orderly development of surrounding property. He said that he feels everything has been
met; he thinks the fence is very attractive. He said he will vote in favor.
Keitel said normally he would have some concerns about encroachment onto public right-of-ways, but
due to the fact that it's an 80 foot right-of-way and the engineering department has no problems with that,
he will vote in favor. Keitel asked if this needs to be addressed in their motion. Yapp stated they will be
issued a temporary use of right-of-way permit, or license agreement.
Brandt said he will vote in favor of the exception for the reasons stated, but mainly because of the
uniqueness of the lot you don't have much choice.
The motion passed 4-0.
Iowa City Board of Adjustment Minutes
August 21,2002
Page 4
EXC02-00013. Public hearing regarding an application submitted by Kathleen A. Steve for a special
exception to allow parking for property at 320 E. Benton Street to be located on a separate lot at 816 S.
Gilbert Street. Both properties are located in the Community Commercial (CC-2) Zone.
Brandt noted that a request was received to defer this item indefinitely.
Yapp stated that it appears the property owner has a solution without needing a special exception, and
would like to defer at this time.
Keitel asked if it would be appropriate to have this application withdrawn. Holecek said it depends upon
the time. She said that the ability to do an onsite resolution to their problem is somewhat dubious at this
time, so an indefinite deferral seems more appropriate. She said that the pressure from this is coming
from a prospective tenant, and they will either resolve the issue or the tenant will go away.
MOTION: Paul moved that EXC02-00013, an application submitted by Kathleen A. Steve for a
special exception to allow parking for property at 320 E. Benton Street to be located on a separate
lot at 8'16 S. Gilbert Street. Both properties are located in the Community Commercial (CC-2) Zone,
be deferred indefinitely. Keitel seconded. The motion carried 4-0.
BOARD OF ADJUSTMENT INFORMATION
Yapp informed the board that the next meeting is scheduled for Wednesday, September 11, 2002. He
said the City is open for business that day, as usual. He asked if the Board feels it is appropriate to meet
that day. After some discussion, the board decided they would prefer to meet as scheduled.
Keitel asked if the Austin Chambers meeting has been resolved. Holecek advised that she had
anticipated that it would be on this agenda, but they were unable to give seven days' notice, so this item
will be on the agenda for the next meeting.
ADJOURNMENT
Keitel moved to adjourn, seconded by Paul. The meeting adjourned at 5:37 PM.
Board Chairperson Board Secretary
Minutes Submitted By Neana Saylor
shared o~ c~t yntJpcd/min u [eslboa/boe08-21-02.doc
FINAL/APPROV
MINUTES
IOWA CITY BOARD OF APPEALS
MONDAY, JUNE 3, 2002, 4:00 P.M.
EMMA J. HARVAT HALL, IOWA CITY CIVIC CENTER, 410 E. WASHINGTON
IOWA CITY, IA
MEMBERS PRESENT: John Roffman, Wayne Maas, Anna Buss, Gary Haman
Tim Fehr
MEMBERS ABSENT: Tom Werderitsch, Doug DuCharme
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Roger Jensen
(Fire Marshall), Sue Dulek (Asst. City Attorney), Jann
Ream (Code Enforcement Asst. acting as minute taker)
OTHERS PRESENT: Dan Smith (Chamber of Commerce), Tom Vrban (Vrban
Fire Protection Co.)
RECOMMENDATIONS TO COUNCIL:
Recommended by an unanimous vote (5-0) that the 2000 International Building Code, the
2000 International Residential Code, the 2000 International Mechanical Code, and the
2000 Uniform Plumbing Code with the local amendments to each of these codes as well
as the amended appeals and licensing sections of the code be adopted by City Council.
CALL TO ORDER:
Chairperson Roffman called the meeting to order at 4:03P.M.
CONSIDERATION OF MINUTES:
Minutes from the May 20, 2002 meeting were discussed.
MOTION: Haman moved to accept the minutes. Buss seconded. Motion passed
unopposed.
Discussion regarding the adoption of the 2000 International Fire Code.
Jensen passed out a revised version of the proposed amendments to the 2000 IFC.
He stated that one major change had been made and that the new section of the
amendment would require all existing sorority and fraternity houses to retrofit automatic
fire sprinkler systems into those houses within 5 years. Jensen said that, because of
recent catastrophic loss of life fires, there is a nationwide push to retrofit fraternities and
sororities with these systems. Buss stated that there would be some major difficulties for
some of the houses in that the retrofit would be cost prohibitive; and, because so many of
the house are old structures, there would be practical difficulties in running pipe. Roffman
stated that the piping would have to be externally run. Roffman asked if federal funds
would be available to help the sororities and fraternities do this. Jensen stated he did not
think so. Fehr asked if other college towns had adopted a similar amendment. Jensen
stated that Chapel Hill N.C.. Madison, WI, and Boulder, CO had all added this amendment
to their fire codes. Jensen said that experience in Iowa City demonstrates that the
sororities and fraternities are a population at risk. Buss said it's a good idea but unless
there are funds available to help these houses pay for the systems, she could not support
the amendment. Roffman felt that the Board needed more information before they could
rule on this section of the amendment. He asked that more specific cost information be
provided on the installation of the systems, on what a new water service would cost, and
what a typical monitoring contract would cost. Also the Board felt they should get input
from the sororities and fraternities.
MOTION: Buss moved that Sections 903.2.8.1 and 903.2.8.1.1 concerning retrofiting
fraternities and sororities with automatic sprinkling systems be tabled until the Board had
more information. Haman seconded. Motion passed unopposed.
The next section discussed (903.2.8.2) would require sprinkling systems in all new
residential single family and duplex dwellings. Jensen showed a video demonstrating the
effectiveness of sprinkling systems in a single family dwelling. He stated that more and
more municipalities were requiring sprinkling in this occupancy group. The costs for this
would add approximately $1.50 per square foot to the cost of new construction.
Buss stated this should a choice for the homeowner. She did not think that City of Iowa
City should always have to be first in establishing new code requirements. Maas said that
he had already received input from some homebuilders opposing this requirement. Maas
asked what would happen to insurance rates. Vrban stated that typically he had seen a
reduction in insurance rates of approximately 15%. Concerns were expressed about how
this added cost would affect the entry level housing market. Hennes asked if the City had
adequate pressure in the system to run the residential systems. Jensen stated that the
City did and no house would require an extra pressurizing pump. Vrban stated the public
had misconceptions concerning in-home sprinkling systems. The possibilities of
inappropriate water damage were statistically nil. Roffman wondered if the City could start
with a voluntary educational program to inform homebuilders of the advantages of a
sprinkling system; and also, only require the sprinkling system on dwellings built with
public funds. This would mirror the amendment concerning Universal Design that the
Board is recommending to Council. Jensen stated that he would like to see this Section
go to Council unchanged so it could be debated at that level. Smith stated the Iowa City
Homebuilders had no formal position as yet but there was a concern among them that this
might be adopted.
MOTION: Maas moved that Section 903.2.8.2 be amended so that only those new single
family and duplex dwellings that are funded with public money would be required to install
sprinkling systems. The language of the amendment would mirror that of the amendment
requiring specific universal design standards for publicly funded projects. Haman
seconded.
FURTHER DISCUSSION: Hennes stated that on June 11,2002 the Council would set the
public hearing for public discussion on the adoption of the codes for July 2. Dulek stated
that the Board could direct staff to re-draft the amendment according to the previously
discussed standards and they could vote on the amendment.
VOTE: The Board voted to approve Section 903.2.8.2 of the amendment (4-1 with Buss
voting no) with the change that only those R-3 dwellings built with public funds would be
required to install automatic sprinkler systems. The language of the amendment would
mirror that of Section R326.1 of the 2000 IRC defining the scope of public funds.
Discussion continued concerning the adoption of the 2000 IFC. Section 307.1 through
307.4 concerning the prohibition of campfires in approved containers and portable
fireplaces was discussed.
MOTION: Buss moved to table a decision on this matter until more information could be
obtained from the DNR on statewide burning bans in certain specific municipalities.
Haman seconded. Motion passed unopposed.
Other items in the proposed amendments to the 2000IFC were clarified such as knox box
requirements, portable heating appliances and the use of decorative vegetation in public
buildings.
Discussion regarding the amendments to the appeals section of the codes.
Dulek presented a consolidated appeals section that put the appeal process for all of the
proposed codes in one section and made the appeals process more consistent and
available to the public. She stated that the language for allowing an appeal was taken
from the 1997 Uniform Building Code and the 2000 International Building Code. The
consensus of the Board was that the section was very workable.
Allow public discussion reqardin.q the IBC, IRC, IMC, IFC, UPC, and all proposed
amendments to those codes includinq the appeals and licensinq sections and recommend
these items to council.
Roffman asked if the Board had questions or concerns on these items before they went to
public discussion. There were none. Maas asked if they had to wait on the 2000 IFC until
the tabled items had been sorted out. Another meeting was scheduled for June 11,2002
to finish the 2000 IFC. Hennes stated that the Council could set the public hearing on
June 11 for July 2, 2002. The Ist reading at Council could be mid -July, the second
reading could be August 19 (work session) and then the 3rd reading hopefully could be
August 20, 2002.
MOTION: Maas moved that the 2000 International Building Code, the 2000 International
Residential Code, the 2000 International Mechanical Code, the 2000 Uniform Plumbing
Code, the proposed local amendments to those codes and the new licensing and appeals
sections of the city code be recommended to Council and the public hearing set. Buss
seconded. The motion passed unopposed.
Other Business:
The next meeting was scheduled for June 11,2002 to finalize the 2000 IFC.
ADJOURNMENT:
Maas moved to adjourn the meeting. Buss seconded.
The meeting was adjourned at 5:56 P.M.
John Roffman, Board of Appeals Chair Date
FINAL/APPROV
MINUTES
IOWA CITY BOARD OF APPEALS
TUESDAY, JUNE 11,2002, 4:00 P.M.
TRANSIT BUILDING CONFERENCE ROOM, 1200 S. RIVERSIDE DRIVE,
IOWA CITY, IA
MEMBERS PRESENT: John Roffman, Anna Buss, Tom Werderitsch, Wayne Maas
Doug DuCharme, Tim Fehr
MEMBERS ABSENT: Gary Haman
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City
Attorney), Andy Rocca (Fire Chief), Roger Jensen (Fire
Marshall), Jann Ream (Code Enforcement Asst. acting as
Minute taker)
OTHERS PRESENT: Rob Phipps (Mitchell Phipps), Dan Smith (Chamber of
Commerce), Joan Teimeyer (Iowa City Homebuilders
Association) Kevin Hochstedler, Gene Nissely (Frantz
Construction), Mark Buell ( CLB Design), Ben Moore
(Moore Construction)
RECOMMENDATIONS TO COUNCIL:
Recommended by a unanimous vote (6-0) that the 2000 International Fire Code with
approved local amendments be adopted by City Council.
CALL TO ORDER:
Chairperson Roffman called the meeting to order at 4:08 P.M.
CONSIDERATION OF MINUTES:
Minutes from the June 3, 2002 meeting were discussed.
MOTION: Buss moved to accept the minutes. Maas seconded. Motion passed
unopposed.
Continue discussion re,qardin,q the adoption of the 2000 International Fire Code,
Fire Marshall Jensen presented the revised amendments to the 2000 International Fire
Code. Section 903.2.8.2 (required sprinkling systems in Group R-3 occupancies) had
been revised to only require sprinkling systems in those occupancies that were
constructed with public funds. He provided the Board with the information requested at
the previous meeting concerning the costs a fraternity or sorority could expect to incur if
required to retrofit an automatic sprinkling system. The basic costs for installing a new
4" water service, the piping and heads for a sprinkling system, a monitoring contract,
and a backflow system would run somewhere between $20,000 and $28,000. Jensen
stated that Madison, WI (University of Wisconsin)and Chappell Hill, N.C. (University of
North Carolina) had both adopted a similar ordinance. He stated that Ames, IA is
considering a similar ordinance and they expect to adopt it in fall of 2002. Werderitsch
asked if any thought had been given to the cost of maintaining the aesthetics of a
structure when considering costs. He mentioned one fraternity that had been retrofitted
and kept the pipes in the sleeping rooms exposed but had the pipes in the common
areas hidden. He asked also what type of alarm system would also be required. Jensen
said that only the water flow monitor would be required. Buss stated that it was a large
amount of money the fraternities and sororities would be expected to come up with in
five years. Buss asked Hochstedtler and Nissley from Frantz Construction what the
costs of adding an automatic sprinkling system to 4,000 s.f. of new construction would
be. They stated approximately $18,000. Buss reiterated that that was a lot of money to
add to the cost of construction. Werderitsch asked about Champagne, IL and
Columbia, MO. Champagne (University of Illinois) is at the same stage as Iowa city and
Columbia (University of Missouri) is waiting on pending state legislation. Rocca stated
that fraternities and sororities were only given two years to put in the required second
exit and they were able to comply. He said also that the University has instigated a plan
to retrofit all of the residence halls with automatic sprinkling systems within ten years.
The University wants that same protection extended to the fraternity and sorority
houses. They feel that the off-campus houses should be as safe as the on-campus
dormitories. Jensen stated that there have been catastrophic loss of life fires at some
campus and even here in 1994, the Fire Department had to rescue fraternity members
off of a roof during a fire. Werderitsch asked if any of the fraternities and sororities had
been contacted concerning this issue. He stated that he felt their input would be
appropriate. A letter had been sent 6/6/2002 to the Interfraternity Council at the
University in order to start the notification process. Since it is currently summer break,
no one is actually at the fraternities and sororities to notify. Buss stated that the
financial burden that would placed upon the fraternities and sororities if retrofitting of
automatic sprinkling systems is required would be extreme. And to place that burden
on them without allowing them the opportunity to respond or provide input would not be
right. Rocca stated that he wanted a very concise statement from the Board if they
chose not to include this item in the recommended amendment.. He stated that he
wanted the record to be very clear if a situation arose in the future. The consensus of
the Board was they did not want to dismiss the amendment completely but preferred to
readdress the issue later in the fall when the fraternities and sororities would have the
opportunity for input. Dulek stated that the Board could simply not include this particular
amendment in their recommendation.
']'he next amendment discussed concerned the sprinkling of single family and
duplex dwellings. Jensen had revised the amendment so that sprinkling would only be
required in those new single family and duplex dwelling that were constructed with
public funds. Moore stated that only requiring sprinkling in publicly funded dwellings
would be discriminatory and unfair. He used the Peninsula project as an example
where two houses could be right next door to each other and one might be required to
sprinkled and the other might not. Moore said that adding $3,000 to $4,000 to a new
structure that is being built as affordable housing (such as the student built house) is
unreasonable. He stated that building statistics showed that, out of Iowa City,
Coralville, Johnson County and North Liberty, Iowa City had issued the least number of
single family dwelling permits last year and he could see a trend. If Iowa City adopts
this amendment, as a builder, he would recommend to customers that they build
elsewhere. Werderitsch told Rocca that he understood the principal behind the
amendment but asked if there was another overriding concern that was bringing this to
the forefront now. Rocca replied that people die in single family dwelling fires and
sprinkling systems save lives. Buss asked how many have died in Iowa City. Rocca
said he did not have the actual statistics but he estimated 15-20 in the last 20 years.
Moore stated that building codes have been updated and have become more strict in
the last 20 years and the changes in building codes help prevent fires. Rocca stated
that it is all about managing risk - if you want to spend more money on fire stations and
firefighters that's an option. However, Iowa City has had problems funding the new
station. Jensen stated that people will not necessarily like the right thing; there was
resistance to smoke alarms. There was continued discussion. Hochstedtler quoted
FEMA statistics that showed fires were down 21%, deaths in fires were down 28% and
property loss from fire was down27% across the country. These same statistics also
showed that 90% of house fires are in homes built before 1972. Hochstetdler agreed
that the current required building codes have done a great deal in preventing house
fires. Buss asked if automatic sprinkling systems in homes would also require a
backflow prevention system. Hennes stated it would and there would be the initial
installation costs and a yearly recertification cost. Werderitsch told Rocca and Jensen
that he would expect the fire department to recommend automatic sprinkling systems in
single family homes; however, he felt that it is social engineering that he could not
recommend. Buss and Maas stated that they would not recommend it as well. Roffman
stated that the Board would decide what would be included in the amendments when
they made final recommendation to Council.
The amendment that would ban outdoor portable fireplaces was discussed.
Werderitsch asked why the fire department wanted this ban. Jensen stated they
receive complaints about smoke from neighbors who are burning in these fireplaces.
He said that smoke from cooking grills was short term but fireplaces could burn quite a
while. He stated that the fire department felt that these fireplaces were already banned
in the current code. Discussion occurred concerning how H.I.S. and the fire
department interpreted the current code differently. Dulek said that what the two
department's interpretation was was irrelevant, the Board needed to decide if they
wanted portable fireplaces allowed and then to make that specific in the code.
Roffman asked if there were any other concerns or questions about the
proposed amendments to the 2000 International Fire Code. Hochstedtler asked for
clarification on Section 506.1 on when the approved key boxes would be required. He
was told they would not be required on townhouse type structures. Roffman asked the
Board to determine its final recommendation to City Council.
MOTION: Maas moved to adopt the 2000 IFC with amendments except for Sections
307.1 -307.4 (parts concerning banning portable fireplaces), Sections 903.2.8.1 and
903.2.8.1.1 (required retrofitting of fraternities and sororities with automatic sprinkling
systems) and Section 903.2.8.2 (Required sprinkling of single family dwellings). Buss
seconded.
DISCUSSION: DuCharme stated that he would like to the three items voted on
seperately. Maas withdrew the motion.
MOTION: Buss moved that Section 307.1-307.4 be changed to allow portable
fireplaces. Maas seconded. Dulek stated that she would provide the language for the
amendment that would still ban outdoor burning but would allow portable fireplaces in
approved containers.
VOTE: The Board voted 4-2 to approve the motion with Roffman and DuCharme in the
negative.
MOTION: Maas moved to delete Sections 903.2.8.1 and 903.2.8.1.1 that would require
the retrofitting of all fraternities and sororities with automatic sprinkling systems within 5
years. Buss seconded.
VOTE: The Board voted 6-0 to approve the motion.
MOTION: Buss moved to delete Section 903.2.8.2 that would require automatic
sprinkling systems in all new single family and duplex dwellings constructed with public
funds. Werderitsch seconded.
VOTE: The Board voted 6-0 to approve the motion.
MOTION: Maas moved to recommend that the 2000 International Fire Code with
approved amendments be adopted by City Council. DuCharme seconded.
VOTE: The Board voted 6-0 to approve the motion.
Other Business:
None
ADJOURNMENT:
Buss moved to adjourn the meeting. Werderitsch seconded. The meeting was
adjourned at 5:42 P.M.
John Roffman, Board of Appeals Chair Date
FINAL/APPROVED
MINUTES ~
IOWA CITY BOARD OF APPEALS
MONDAY, AUGUST 5, 2002, 4:00 P.M.
LOBBY CONFERENCE ROOM
IOWA CITY CIVIC CENTER, 410 E. WASHINGTON STREET
MEMBERS PRESENT: John Roffman, Tim Fehr, Doug DuCharme, Gary Haman, Anna
Buss, Wayne Maas (arrives at 4:30 P.M.)
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Roger Jensen (Fire
Marshall), Sue Dulek (Asst. City Attorney), Jann Ream (Code
enforcement Asst. acting as minute taker)
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL: None
CALL TO ORDER:
Chairperson Roffman called the meeting order at 4:10 P.M.
CONSIDERATION OF MINUTES:
Minutes from the June 11, 2002 meeting were discussed.
MOTION: Buss moved to accept the minutes. Haman seconded. Motion passed
unopposed.
Appeal Inspector's (Fire Marshall's) interpretation of the Code. (1619, 1623,1627
Clifford Lane)
Bill Frantz had previously requested in writing that this item be removed from the agenda
for this meeting and be scheduled for the next meeting.
Discussion and possible recommendation to Council, reqardinq an amendment to the
City Code Title 14, Entitled "Unified Development Code," Chapter 5, Entitled "Buildinq
and Housing," Article M "Appeals" to include a fire professional on the Board of Appeals.
Roffman explained that the Fire Department was requesting that a fire professional be
represented on the Board of Appeals. Jensen explained that the desired effect would be
to strengthen the current Board. It was not their intention to remove any current
members but to replace a board member when their term expired. He suggested that
one of the "at-large" members could be replaced with a fire professional when their term
expired. Hennes checked with the City Clerk as to when those terms expired. Jensen
said it would be helpful, since the Board heard so many appeals relating to fire issues, to
have a fire professional on the Board. Roffman asked for discussion. Buss wondered
why should the Board change when there did not appear to be problem. She stated that
the Board was well diversified with many types of professional expertise. Fehr asked if
Jensen was anticipating more appeals concerning fire code issues because of the new
licensing and inspection requirements for fire alarm and sprinkler installations. Jensen
said no. He stated that the fire department just wished to have someone on the Board
who could bring a level of expertise to fire code issues. There is a plumber and
electrician specified for the Board because of appeals heard on those types of issues.
Roffman asked how large a pool of people would be available to fill a position like this.
Jensen stated that there is a pool identified but he was not sure how many actually lived
in Iowa City. Buss asked how many appeals have been heard specific to fire code
issues. She stated that when they did hear appeals relating to fire code issues then
someone from the fire department was present to be the expert. Jensen acknowledged
that but stated that they did not have a vote. Hennes asked if this request should be
tabled to the next meeting in order to bring more information together. Roffman asked
how the composition of the Board was arrived at. Hennes said the requirements were
just generally specified. DuCharme wondered if just another member could be added.
Buss said that would create an even number. Haman stated that he could see how a
fire professional on the Board could be helpful because of the new licensing and
inspection requirements for fire alarm and sprinkler installations. Buss asked what this
fire safety professional would bring to the table that the current group did not have
especially since the fire department would have representatives there as well to provide
expert recommendations. Jensen reiterated that they did not get to vote and it was
apparent that the Council relied heavily on the recommendation of the Board in
considering ordinance amendments. (Maas arrives at 4:30.) Maas stated that by current
code, electricians would meet the requirements of a fire safety professional and
wondered how difficult it would be to find people.
MOTION: Buss moved that the proposed change to the configuration of the Board not be
adopted so that the current configuration remain as it is. Maas seconded.
DISCUSSION: Fehr stated that he felt the description of a fire professional was too
vague and he would like to see more specific qualifications. DuCharme thought it would
be a good idea to have fire professional on the Board since he saw a lot of interrelated
issues that would benefit from input from this person.
VOTE: The Board's vote was 3-3 with Buss, Fehr and Maas voting not to add a fire
professional to the Board and DuCharme, Haman and Roffman voting to add a fire
professional to the Board. Motion fails on a tie vote so Fire Marshall Jensen would have
to re-apply to the Board. Henries asked if there was more information that could be
brought to the Board to make a more informed decision. The Board requested names
for the available pool of people and a more focused definition on who would be
appropriate.
OTHER BUSINESS: The next meeting was scheduled for September 9 at 4:00 P.M..
ADJOURNMENT:
Haman moved to adjourn the meeting. Buss seconded. The meeting was adjourned at
4:56 P.M.
John Roffman, Board of Appeals Chairperson Date
FINAL/APPROVEDI
Iowa City Human Rights Commission
Council Chambers
July 23, 2002
MEMBERS PRESENT: Lisa Beckmann, Paul Retish, Bob Peffer, Keri Neblett, Lucia Page, Rick Spooner,
Nick Klenske
MEMBERS ABSENT: Jan Warren, Charles Major
STAFF MEMBERS: Heather Shank
1. INTRODUCTION OF NEW COMMISSIONER:Beckmann had Commission members introduce themselves
to Nick Klenske the newest Commission member.
2. APPROVAL OF MINUTES: Beckmann asked for approval of or any changes in the minutes from the June
meeting. A correction was made under new business the sentence should read, "Retish and Beckmann
agreed" that the issue isn't removing people from the... Motion to approve minutes as amended by Retish,
second by Peffer. Motion: Minutes as revised unanimously approved.
3. NEW BUSINESS: Shank reported that she had received a call from Oscar Argueta's wife and she and
Oscar will be guest speakers at the August Commission meeting. Beckmann asked whether the
Commission should have questions prepared in advance of their ardval? Shank indicated it was up to the
Commissioners. Shank stated that Mr. and Ms. Argeta, Sal, the Chairperson of the Mt. Pleasant Human
Rights Commission, the Mt. Pleasant City Council, and other interested parties participate in the program
entitled, "Community Voices." Community Voices is a program where all newcomers are welcomed into
town and the new citizens are provided with places to live and employment. Oscar runs the local
newspaper. Shank also reported that the Mt. Pleasant Commission has had only three complaints.
According to Shank the September and October Commission meetings will be in different rooms because
the City Council is scheduled to be in Emma Harvat Hall. Beckmann asked Retish and Shank for an update
on the Education Committee. Retish reported that the committee had not met recently. He said there were
two projects the committee was considering, one being an event at the Broadway Neighbor Center. The
committee was trying to get input from the people involved in the Neighborhood Center as to the type of
program they would be interested in rather than have the Education Committee making that determination.
Retish said the Committee would like to have a representative from the Neighborhood Center at the next
meeting. Shank reported that Sue Freeman is the director of the Broadway Neighborhood Center and the
staff and frequent attendees of the Center are currently working on a program entitled "Restorative Justice."
As soon as this program is over at the end of the summer, Freeman would like to work with the education
committee to develop a program for persons in the Broadway Neighborhood Center. Retish mentioned that
the committee also talked about showing an outdoor movie with a human rights theme. Committee
members have also discussed developing a series of videos that could be used by community members and
educators about Iowa City residents of all different ages, national origins and backgrounds. People will tell
their stories as they relate to human rights. Retish feels that it would be a huge job and is not quite sure at
this time how to accomplish it. Shank stated the Education Committee needed to recruit members to help
get the project underway. Beckmann asked for clarification on the relationship between the Commission
and the education committee. Retish stated that the committee was a spin-off from a community action
program. Shank explained that the original group was called Diverse City's Team. The group started off
well by dividing into smaller groups in areas of interest but the enthusiasm of members dwindled over time
and only two small groups lasted out the year. The groups that remained were the Hate Act Rapid
Response Team and the Education Committee. Although the vast majority of the original education group
members are no longer involved, the group has continued to function. Beckmann asked how many
members there are currently. Retish says that there are eight or nine members and Shank recently
recruited a new member. She went on to list the members of the Committee, but noted that people are
leaving for personal reasons and not because they are not interested. Beckmann wondered after viewing
the Human Rights Commission web page what exactly was going on with the Committee because the
Commission and the Committee are listed as sponsors or co-sponsors of each other's group activities.
Beckmann wondered if it would be possible for members of the Commission to also join the education
committee or, in the alternative, whether the need for recruits could be publicized at the Human Rights
Breakfast. Retish said that the Education Committee was strictly a volunteer group. Retish and other group
members believe that the best way to effectively advocate for and/or discuss Human Rights is through
education. Beckmann suggested that possibly a college student could assist in the video making, but Retish
states that making the time to make contacts is an issue.
4. RECOMMENDATIONS TO COUNCIL: None.
3. OLD BUSINESS:
Shank stated that she, Eleanor and Sue went through the ordinance in great detail and revised many things.
The revisions included greater detail regarding public hearings and other procedures. When the document is
finished, Shank will include it in the packet so the Commission can vote on the changes.
Survey: Beckmann stated that she and Warren were unable to make contact regarding the survey that was
discussed at the previous meeting. The survey will be discussed at the next meeting.
By-laws-Note III (B) on attendance: Beckmann stated she wanted to make sure that all Commissioners
knew that the Commission meetings were on the 4th Tuesday of the month. Beckmann added that this
would be the case unless Shank indicated it would be otherwise. Beckmann stated that the biggest concern
she had regarding the Commission was with attendance and she added that everyone needed to assess
their level of commitment as Commissionere. She further added that if Commissionere were unable to
attend a meeting, Shank needed to be contacted prior to the meeting. Peffer agrees that reporting
absences to Shank was necessary. Beckmann indicated that the by-laws were included in the packet so the
Commissioners would be able to read the section on attendance. Beckmann said that she did not raise the
attendance issue to point fingere at anyone. She said that she contacted the commissioners who had
missed the previous meeting so she could raise her concerns regarding absenteeism and to see if the
Commissionere were all right. Beckmann stated that discussing the absence of Commissionere at a
meeting was not intended to be "finger pointing." A quorum is necessary for the Commission to act on
matters set forth in the agenda. Therefore, it is necessary for five Commissionere to attend a meeting.
Beckmann said that absenteeism was an issue that needed to be addressed and she'd rather have it out on
the table and be done with it. Retish agreed that it was an issue that needed to be addressed and
discussed openly. Peffer mentioned that the by-laws indicated Commission members could be removed for
absenteeism. Shank explained that there needs to be "just cause" for the City Council to remove a
Commission member. "Just cause" is a very high standard to meet. Beckmann indicated that she believes
the Commissioners should contact Shank before the meeting if one of them is unable to attend. Alerting
Shank regarding the absence of Commissioners will eliminate confusion. In addition, it is only necessary to
let Shank know if a Commissioner will be absent.
Report by Peffer-Disability Laws: Peffer e-mailed Senator Harkin and received an automated message
back stating that the Senator did not have the time to respond. Peffer planned to calll Harkin's office in
Cedar Rapids and if possible speak to a staff member.
Disability Unemployment: Spooner stated that he has received statistics regarding the unemployment
level of persons with disabilities. This is an issue Spooner has mentioned in prior Commission meetings.
He now has employment statistics from all fifty states. Spooner also e-mailed Tom Harkin regarding the
unemployment levels of persons with disabilities. In addition, Spooner e-mailed Senator Grassley and
Representative Leach regarding the lack of employment for persons with disabilities. Spooner asked the
rest of the Commission to consider the statistics and think of ways the dismal employment retes for persons
with disabilities could be publicized. In addition, Spooner wondered whether solutions to the unemployment
rate of the disabled could be discussed/focused on by the Commission. The disabled unemployment rate is
between 30 and 50% and it doesn't include under-employment and other statistics of that nature. Retish
believes that people with disabilities will hire other people with disabilities. Peffer states that he feels like his
hands are tied because of the law and his conclusion is that he needs to contact people that can actually do
something, like the senators and representatives. Beckmann asked Shank to add this to the agenda for
next month and place the Iowa statistics in the agenda packet.
Breakfast-Tickets & Award selection subcommittee: Beckmann asked Shank if Dave Leshtz is "on
board" for the breakfast. Shank indicated that she spoke to Leshtz and he is willing to go forth as the
keynote speaker. Beckmann asked that three people volunteer for the award selection committee. The
nomination process ends on September 4th at 5:00 p.m. Shank indicated that the nomination committee
cannot meet before that time but she will send the nominations that have been received so far to each
committee member so the final decisions can be made quickly following the deadline. Commissioners that
volunteered for the nomination committee included Peffer, Page and Klenske. Beckmann asked that the
committee alert Shank as to the award winners by Saturday September 7th or earlier if possible. Beckmann
indicated that a fourth person on the committee might be good but Shank needs to ask Eleanor whether that
would violate the open meetings law even if the Commissioners were just choosing human rights winners.
Beckmann indicated she wanted to be on the selection committee if Eleanor indicates her participation
would not violate the law.
Shank handed out 10 breakfast tickets to each Commission member. Klenske was given a packet prior to
the Commission meeting as did Page. PaRe was given an additional packet of ten. Shank indicated that the
Commission could wait until the August 27"' meeting to figure out the specific details and logistics for the
breakfast.
4. COMMISSIONERS REPORTS:
Peffer no report.
Page no report.
Klenske no report.
Neblett no report.
Retish reported that he just returned from East Timor in Asia. Retish explained that East Timor recently
came out of a revolution. Currently the United Nations (UN) is the government and it [UN] has left a mark on
the community both good and bad. The people are very happy the UN is leaving their country but at the
same time, the people are quite concemed about the vacuum that will be Created after the organization
leaves. One of the things Retish witnessed was the influence of the west, whether it was the World Bank or
UNESCO, Australia or Portugal. People from the western countries "reek of money." The situation makes
Retish uncomfortable and he believes there is another side to the "good deeds we do."
Retish receives a Jewish magazine called Moment. An article Retish read discussed Human Rights
organizations (HRO) around the world. The article was extremely critical of HROs. The article suggests that
the HROs have been captured by extreme left wingers who are very anti-Israel and deny anti-Semitism
exists. At the end of the HR conference in Durban, the UN came out and equated Zionism with Nazism.
Retish put the subject out on the table so people could think about it. Retish admitted being as equally
confused as anyone else as to what is going on and what to do about it. Page indicated she would be
interested in reading the article. Shank said she would put a copy of it in the packet. The article fomes
people, according to Retish, to critically examine human rights agencies. Beckmann stated that it sounded
as if the article was written from a perspective not usually taken when referring to human rights agencies.
Retish agreed.
Beckmann raised an issue that was of great concern to her as a foster mother and adoptive mother. The
Press Citizen recently ran an article about a woman who was facing a headng regarding the termination of
her parental rights for leaving her children home alone for a short period of time. Beckmann indicated that
the Press Citizen printed two one sided articles about the mother's ordeal with DHS. The paper could only
print one-sided articles because by law, DHS is not permitted to respond to case inquiries because of
confidentiality. Beckmann was concerned that lay people reading the two articles would believe that the
mother and her children were terribly misused by the system. Beckmann believes the paper could have
expressed an opinion if it wanted but it should not have printed the information they had as an
uncorroborated story. As Beckmann predicted, a reader wrote a letter to the editor indicating that she was
quite alarmed by DHS's terrible treatment the mother. Beckmann was astonished that the paper did not
seem to have any understanding of the law and the paper had no qualms about printing something so
factually suspect. From her own experience, Beckmann emphasized that DHS does not attempt to
terminate parental rights unless there are significant reasons to do so. Beckmann also knows that the
parents are allowed to talk to anyone about what they believe to be a violation of their rights. DHS, however,
cannot comment. Therefore a one-sided version of events is printed as truth without corroboration. She
believes the Press Citizen and the mom used the children to pdnt stories that were considered "newsworthy"
even if the information was not based in truth.
Retish believes DHS agencies, social service agencies, etc. have become the soume of concern in recent
well-publicized cases, such as in the State of Florida. There have been findings of sexual and physical
abuse and a serious lack of supervision. It is an on-going issue. Retish believes the articles are a
continuation of the spin that is going on as a result of the recent events. Beckmann indicated that she would
love to read a story that was thoroughly investigated and well written. It was Beckmann's opinion, however,
that the local paper did not engage in that type of process. It "tabioided" the mother's version and didn't
provide an ending to the story, i.e. the court's findings.
Peffer stated that he worked for an agency that was a provider for DHS in home care services. He had to
work on several termination cases. Peffer would testify as to how much progress parents made in terms of
the parenting skills. It was the "hardest thing [he] ever had to do" even though the termination was
obviously in the best interests of the child." Page said she was going to look into what happened at the
Press Citizen and report back to the Commission.
Page reported to the Commission that she went to the Pride Festival and Pride Parade in New York City in
June.
5. STATUS OF CASES
All teams have cases to read.
6. ADJOURN
Meeting adjourned at 8:04 p.m.
FINAL/APPROVED
PLANNING AND ZONING COMMISSION
AUGUST 1,2002
EMMA J. HARVAT HALL
MEMBERS PRESENT: Benjamin Chait, Don Anciaux, Ann Freerks, Dean Shannon, Beth Koppes,
Jerry Hansen
MEMBERS ABSENT: Ann Bovbjerg
STAFF PRESENT: Bob Miklo, Karen Howard, John Adam, Mitch Behr
OTHERS PRESENT: Steve Woodward, Glenn Jacobson, Brad Houser, Linda Hawley, Carol
Spaziani, Mary Knudson-Dien, Barbara Buss, Esther Otto, Ruth Baker, Robynn
Shrader, William Knabe, Susan Hense.
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 6-0, an amendment to the zoning code Section 14-6H-1, General
Industrial Zone, to allow repair of commercial and industrial trucks as a provisional use.
CALL TO ORDER:
Shannon called the meeting to order at 7:32 pm.
ANNOUNCEMENTS OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Shannon said all the members of the Planning and Zoning Commission were volunteers, it was their way
of helping out the City. He encouraged members of the audience to help the City by volunteering to serve
on a board or commission. He read a list of vacancies on various boards and commissions and noted that
they were listed on the bulletin board in the lobby.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Steve Woodward, 832 Spencer Drive, said during the Southwest District Plan presentation on 7/18/02,
the comment was made that Staff had not heard any concerns regarding Walden Square in terms of
traffic at that area. Woodward said during the past two weeks, he and a neighbor had canvassed the area
bordering Benton Street, Melrose Street and Mormon Trek to gather signatures of individuals who were in
favor of doing some sort of traffic control both from a safety and traffic flow stand point. Woodward said in
the Comprehensive Plan there was one sentence that might warrant this in the future. He said at this
point, over 125 signatures representing between 50-75 households had been obtained. Shannon said this
was the first consideration of this item so it would be deferred to the next meeting which would allow
Woodward to make additional comments.
COMPREHENSIVE PLAN:
Public hearinq for an amendment to the Comprehensive Plan to adopt the Southwest District Plan for the
area located generally south of Melrose Avenue, West of the Iowa River, North of Highway 1 West and
East of the Iowa City Landfill.
Howard said over the last year Staff had been working with citizens to develop the Southwest District
Plan. A draft of the Plan had been presented on 7/18/02. At this meeting, Howard said she wished to
bring to the Commission's attention correspondence and conversations that had occurred since the initial
presentation and to point out some issues and possible plan revisions for the Commission's
consideration.
Howard said Walden Square had been an issue at the 7/18/02 presentation. There was a section of the
Plan that identified a need for pedestrian and traffic improvements in that area. At the public workshops,
citizens had talked quite a bit about concerns about the area and Staff had noted there were concerns.
Howard said a study had been done some time ago on that intersection to check traffic flows because of
Planning and Zoning Commission Minutes
August 1, 2002
Page 2
concerns that had been expressed by citizens. She said "That is exactly why it (Walden Square) was
included in the Plan, because there was a concern and Staff concurred with that." Howard said if the
Commission felt it was warranted, additional language could be added to the Plan to emphasize the
relative importance of the needed improvements.
Howard said quite a few comments had been received concerning the Rohret South Subarea, probably
because it was a blank slate at this time. The subarea had captured the attention and imagination of
many persons during the public workshops. They had tried to plan for new neighborhoods when the area
develops in the future. Howard said it was important for the citizens to bring an identity and sense of
place to the new neighborhoods. Staff had received a letter from the Carson family. They were very
interested in what would happen to the tract of their land that was included in the Plan and raised
concerns about aspects of the Plan. Support had been expressed at the workshops for a small
neighborhood commercial area west of Hwy 218. The concept plan design showed a small commercial
area at the corner of Hwy 218 and Rohret Road. It was intended to be a Iow scale main street design with
small storefront buildings close to the street, wide sidewalks and on street parking so it would fit in with
residential areas. Howard said that location had been chosen by citizens at the workshops as being the
most logical place for a new commercial area because it was uncertain if the density in the outlying area
would support a commercial area in the future. It was'a viable location being on an arterial and at the
entryway into a new neighborhood.
Howard said Carson had expressed a concern about the proximity of the proposed commercial area to
the existing single-family homes in the area. Staff concurred with that and felt that there needed to be
more of a transition between the existing homes and the commercial area. The concept plan had been
redrawn so it moved the commercial area east toward Hwy 218 and showed a combination of single
family homes and townhouse development which would provide a gradual transition between the larger
lot homes and the neighborhood commercial area. Howard said Staff wanted to stress that the size of the
proposed commercial area was conceptual. Howard said at the time of development, it would be
determined what was viable for that area. In a PowerPoint presentation, Howard showed possible ideas
of what the scale of a neighborhood main street commercial area could look like.
A second issue noted in Carson's letter was the concept of the regional stormwater detention facility.
Howard said Staff understood Carson's concern about having his property tied to a specific concept plan
but they felt it was impodant to establish a vision for new neighborhoods. She said one of the key
elements that had emerged from the citizen workshops was that new neighborhoods should be designed
around a focal point, something that would provide a sense of identity and place for future residents. A
study was conducted in 1996 to determine the feasibility of establishing a regional stormwater facility in
the Iow-lying areas of the Carson property. Howard said there were a number of advantages to
constructing a regional stormwater basin rather than constructing numerous smaller basins. A larger
regional basin would reduce the need for the number of smaller basins, it was a more efficient use of
land, larger basins were easier to maintain, functioned better, and were less prone to plugging over time.
A larger facility could also double as a neighborhood focal point and recreational amenity for the future
residents of the area. Howard said the location lended itself well to the regional facility because there
were two drainage ways in that area. The middle fork of Willow Creek and Hwy 218, which acted as a
dam for the creek. All the water flowed underneath Hwy 218 through a culvert. The proposed drainage
ways would serve to funnel stormwater for any future development that occurred west of Hwy 218.
Howard said that area, including the stream corridor, would have to be protected in some way in the
future and would also be less conducive to development. Howard said the benefits of having such a
facility would accrue to a number of people. Future residents would benefit from having the significant
public investment in the neighborhood including the lake, the park, trails and from having efficient
stormwater management. The larger Iowa City Community would benefit from having the additional public
open space which could easily be connected into the citywide trail system. The Carson family would also
benefit as they would have to be compensated in some way for the land regardless if the City purchased
it for a park or if a private developer purchased the land for development. The added value of the
development lots would accrue to the Carson family when they sold the land for development.
With regard to timing of development, Howard said Staff wanted to stress that the Plan maps were
conceptual. The size of the lake and park would have to be determined when they were brought in for
development. That could not occur until the Abby Lane sewer was constructed across Hwy 218, which
currently was on the unfunded list in the Iowa City capital improvements budget. Development would
likely not occur for at least seven years, unless there was significant development pressure to do so
Planning and Zoning Commission Minutes
August 1, 2002
Page 3
before then. Once the sewer was extended, the land would have to be annexed into the City and zoned
for development. The Plan would serve as a guide for that development. Howard said the Carson family
would have control over when urban development occurred on their property.
Howard said Appendix C, the Moratorium Area Concept plan, had been given to the Commissioners
since the 7/18/02 presentation. The land, located south of Benton Street, was owned by the Ruppert
family. Appendix C largely pertained to the undeveloped portions of the land. She said Staff was very
pleased with the level of public involvement in the planning process which had occurred over the last
year. Over 250 persons had requested to be on the mailing list and over 140 persons had participated in
the public workshops. Howard said Staff wanted to thank all the citizens who had helped to develop the
Plan and hoped that the additional comments she had just presented would help to re-define the Plan.
Hansen asked if any other sites had been considered for stormwater detention instead of just the concept
for Carson Lake. Howard said this site was studied because it was a natural place to put regional
stormwater. It was a Iow-lying area where all the streams converged. Howard said she was not sure there
was any other place that would be suitable otherwise individual stormwater basins for each subdivision
would be necessary.
Public discussion was opened.
Glenn Jacobson, 3605 Rohret Road, said on the Plan it showed Carson Park. He said 30-40 acres of that
area was his property and he did not want to give up his land to have it named after someone else.
Jacobson asked how concrete the Plan was. Also how and what was necessary to get it changed.
Howard said the names on the plan, the concept, and the size of the park would all have to be
determined at the time when the public wanted to purchase park land. It was a conceptual plan, but would
be used as a guide for future development. She apologized for the name placed on the park, but said
Staff needed to put something on the Plan.
Brad Houser, 3690 Johnston Way, North Liberty, said he owned 15 acres of the area indicated for
existing home sites. He was unaware of the Plan until 7/15/02. Houser said they had not intended to use
their land for large-lot subdivision developments. He would prefer townhouses or narrow lot single-family
homes. Howard said in her memorandum to the Commission she had noted that once the sewer for the
existing homes was extended it would be possible for subdivision to occur, because they would not be on
septic systems anymore. The Plan should address the fact that those acres would be conducive for
subdivision in the future if the owner wished to do so, or they could remain as they were. Miklo said that
was one of the reasons that Staff had shown conceptually that there could be additional streets to provide
access to that area. Staff was not suggesting that the properties be frozen in time and in their current
state. Houser said there was sewer that was available to them across the road if they wished to access it.
Linda Hawley, 1630 Pheonix Drive, said she had two concerns about the Plan. She said the Plan
indicated two potential fire station locations, one near Hwy 218 and the other on the corner of Rohret
Road and Maier Avenue. Hawley said she felt the Rohret Road/Maier Avenue location was quite
inappropriate because Irving Weber School was located approximately one-half block from the proposed
fire station. When fire trucks used their sirens, the sirens would be distracting to the school, no matter
what direction the trucks went in. Hawley felt that location would be immediately dangerous to the
children because they played to the side of school and ran into the streets to retrieve their balls. Hawley
said she was also concerned about the fire station's location because the plan was not drawn accurately.
Maier Avenue did not directly connect with Phoenix Drive as a direct intersection, they were offset by ~,/. a
block. Hawley said between Phoenix Drive and the school entrance, there were already 3 existing street
entrances and one private drive entering onto Rohret Road within a one-block distance. The Plan
proposed to add an extension to Wild Prairie which would require an entrance and the proposed fire
station would also need a curb-cut entrance onto Rohret Road. Hawley said she had a concern about
traffic flow because the Plan proposed to put six entrances within a one-block distance on a street that
was zoned for a 35 mph speed limit. She said in reality, many persons traveled 45 mph to 50 mph down
that area of Rohret Road because it was a straight shot.
Hawley said she had purposely shown the Plan to her 15-year old son who would be a young adult in that
area when the Plan was implemented. Her son had been interested in the Plan and the proposed
recreational area, but noted that nothing was planned for junior- and high-school aged kids to do. Hawley
said it was miles and miles for persons to drive from their area to the nearest swimming pool or recreation
Planning and Zoning Commission Minutes
August 1, 2002
Page 4
area. Hawley said the area was full of families and needed to address that rather than just having kids
hanging out on the street.
Carol Spaziani, 806 Westside Drive, said she wished to comment on the availability of neighborhood
commercial in the area of Hwy 218 and Hwy I intersection and the county farm property. Spaziani said
she lived on Westside drive. It was a densely settled, planned development filled with zero lot lines,
condominiums and apartment buildings. The closest neighborhood commercial was at Walden Square or
the Cub Food / Wal Mart area. It was over one mile to walk to Cub Food or even a little farther to walk. to
Walden Square. She said it was possible to take the shod cut trail to Walden Square but there was no
good short cut to the Cub Food / Wal Mart area. In her near proximity there were many auto dealerships
and repair shops, a bank, a convenience store and a McDonalds, which were not exactly 'needed'
businesses in neighborhood commercial areas. Spaziani said in order to get anywhere to engage in
neighborhood commercial type activities, the closest way was to walk to Cub Food / Wal Mart along the
highway. She said in the proposed district plan, a trail was proposed to run along Hwy 1. Spaziani said if
Staff were trying to encourage pedestrian use for short-term errand activities, there was a whole island of
development that was unable to conveniently access any neighborhood commercial area. Spaziani said
she did not see any plans for the area immediately across Hwy 218, nor was there any way to get across
the highway. Spaziani suggested an under- or over-pass at a later date. Spaziani said she was making a
pitch for more consideration for additional neighborhood commercial in that area, which was not
accessible to any neighborhood commercial area. Spaziani said the proposed trail to the Wal Mart area
would really help and asked when it would be available for use. Miklo said it was beyond the seven-year
plan~ Spaziani said she hoped that the trail construction date could be moved forward and noted that
Hansen had been instrumental in obtaining pedestrian improvements such as trails and over passes
along Hwy 6 East. Spaziani said she felt that was the kind of thing that Hwy 1 South needed as it was
equally as dangerous for pedestrians as Hwy 6 East had been. She encouraged those types of
improvements be moved up in the scheme of developments.
Spaziani said she wished to thank Staff and all the public participants for being so vocal about retaining
the County Farm area as a public use space. Spaziani said she was aware that the County owned the
property so the City had little say over it. Later in the fall when the County would hear the
recommendation and list of options from Jeff Davidson about possible uses for the area, Spaziani said
she hoped, if the Plan was adopted, that the City Council, Commission and Staff would show up at the
meeting to make a pitch for protecting the land from residential development. Spaziani said a yearlong
study was being conducted by the Johnson County Historical Society. The Johnson County Heritage
Trust had funded a vegetation survey to find out if the area had potential for prairie restoration. Spaziani
said she could see a great opportunity for cooperation between the County and the City to develop a west
side Hickory Hill that was owned by the County but eventually incorporated into the City.
Mary Knudson-Dien, 725 W. Benton Street, said she wished to thank the City for all the hard work they
had done. She felt it was an excellent plan and Staff had interacted a lot with the neighborhoods in
discussing the plan. Knudson-Dien said she supported the placement of a sidewalk along Riverside
Drive. She had walked through that area with her three year-old child and was aware of how dangerous
that area was. Knudson-Dien said the Plan mentioned the placement of a sidewalk along the south side
of Benton Street. She lived on the hill on Benton Street, hers was a hidden driveway. Knudson-Dien said
she questioned the need for a sidewalk. If it was for access to the park, persons could access the park
through the proposed trail behind Knudson-Dien's house or from Miller Street. Knudson-Dien said she
was concerned about safety. She had discussed the proposed sidewalk with the former principal of
Roosevelt School, who was also very opposed to a south side sidewalk because of safety for children.
Currently when children walked to the bottom of the hill, some walked in the street. If a south side
sidewalk were installed children would be more tempted to run across the street which was zoned for 20
mph, but cars frequently drove at speeds of 40 mph on it. Knudson-Dien said for her personally it would
be more dangerous, especially to exit from her driveway. Bicyclists came down the hill at speeds of 40
mph and she could not see them in time, as well as pedestrians who would be using the sidewalk.
Knudson-Dien said it would make a dangerous situation all the more dangerous and she did not want to
see an accident happen.
Knudson-Dien said if the Commission decided to put a sidewalk there, it would be very expensive for her
and one of her neighbors. It would require the placement of a large retaining wall because of the
steepness of the easement. She said she hoped they would be compensated in some way for putting the
sidewalk in because they would be assessed for the payment of the sidewalk. Freerks asked Miklo if
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August 1, 2002
Page 5
there was a policy regarding retaining walls in a situation such as Knudson-Dien's. Miklo said he would
check with Public Works, but thought that since it was not an arterial street the City would install a
sidewalk in that situation.
Knudson~Dien said Benton Street needed to be reviewed in terms of the speed of motorists who drove on
Benton Street, it was very bad. She said she would like to see something done that could slow the traffic
down on Benton Street because there were two schools on Benton Street, many children and it was a
residential area.
Hansen asked what was actually driving the sidewalk on the south side of Benton Street in connection
with the proposed Miller Orchard Park. Was it a requirement that the sidewalk actually be installed? Miklo
said in general it was safer to have sidewalks on arterial streets to direct pedestrians to the sidewalks and
discourage persons from crossing the street or walking along the shoulder. Howard said there were
neighborhood improvement funds allocated. If the park on the corner did not come to realization there
were funds to construct a sidewalk from Miller Avenue west to access the existing parklands, so there
would be safe access the park from the east. Hansen asked if this was a requirement for developing the
park or if it was just a wish. Howard said she did not believe it was a requirement, it was a matter of a
need for a safe access to the park.
Barbie Bus~, 747 W. Benton Street, said she was speaking as a resident of the Southwest District to
endorse the Southwest District Plan as drafted by the department of Planning and Community
Development. Buss said the Miller-Orohard neighborhood appeared to have grown up over the years
without design. Past planning had been limited to zoning. Buss said many residents in the neighborhood
had made this point many times before. The Southwest District Plan addressed their concerns with
imagination. In drafting the Plan, Staff had demonstrated a genuine awareness of the articulated needs of
the neighborhood. She said she approved of the Plan's proposed investments for the preservation of the
City's older neighborhoods. Incentives such as those listed in the Plan were necessary in lower priced
neighborhoods such as the Miller Orchard area. Buss said the establishment of an accessible
neighborhood park with trail connections to the Weeber Harlocke neighborhood would support the City's
efforts for private reinvestment and create an environment conducive to a sense of community in that
area. Buss said the Southwest District Plan as presently drafted was a long overdue design which knitted
the disparate elements of the area into a coherent whole where people could live comfortably and safely
with commerce around it and traffic through it. She encouraged the Commission to approve the Plan.
Esther Otto, 733 W. Benton Street, said she had also attended the public workshops and appreciated all
the work done by Staff. She said she liked the Plan for the most part and hoped that it was adopted, but
did feel the need to speak to the proposed sidewalk on the south side of Benton Street. Otto said she
thought it would be more dangerous to have sidewalks on both sides, rather than on just the north side.
There were not a lot of people who walked up and down the Benton Street hill. She said she too would
request that if the sidewalk were inevitable, that it not be like the one on Greenwood Drive where all the
apartments were. That sidewalk had been proposed to be constructed with green space, but when all was
said and done, there was no green space. The sidewalk had been built right next to the street. Otto said
for many years she had walked to work on that sidewalk. It was impossible to walk on a sidewalk built
next to the street without getting your clothes soiled in the wintertime from the snow. Otto said she felt the
same thing would happen on Benton Street. Otto said there were only three houses along that portion of
Benton Street and she didn't think a lot of her neighbors would walk down the sidewalk. She didn't see
persons from the apartments walking down the hill either. Otto said she would very much like to see a
push-button activated light to allow persons to cross Benton Street which would benefit all the apartments
in that area on the south side of Benton Street. Persons could cross to go down Greenwood Street to the
hospital or to get to the bus stop which was located at that corner. Presently persons had no safe way to
cross Benton Street.
Hansen asked Otto what would be her thoughts on having the crossing light a little further west toward
Seville Apartments. In the winter, stopping traffic heading west on the Benton Street hill might cause
difficulties for persons to start moving again on the hill. Having the crossing further to the west would
possibly help. She said there were other hills in Iowa City that had stop lights on them, and the cars had
to get moving again but having any type of stop light in that particular area would help. She saw persons
waiting and waiting everyday to cross Benton Street to get to the bus. She also had friends from Oaknoll
Retirement community who traveled down the hill to visit with her and she was afraid for their safety in
crossing Benton Street. Otto said she felt it was not necessary to have a sidewalk on the south side of
Planning and Zoning Commission Minutes
August 1, 2002
Page 6
Benton Street. Otto said she had always wondered why Willow Green along Teg Drive had absolutely no
sidewalk next to the park. She had visited each park and had a list of parks within the City that had no
sidewalk along them, so it was possible to do.
Hansen asked Otto by her living in the area and watching the traffic flow, what percentage of persons
who crossed Benton Street to get to the north side sidewalk would use a south side sidewalk to go down
the hill. Otto said at this point there was nothing to go down the hill to on Riverside Drive. Persons who
were crossing the street were doing so to cross the street to go to the hospital or the children to go to the
school. There was a crossing guard to help the children cross the street. She said if Miller or Hudson
Streets had sidewalks on them, persons could walk to Wal-Mart or to the pizza place, but those streets
didn't have sidewalks either.
Shannon said at one time he had inquired why the push button lights had been removed by the City. He
would request that Staff reinvestigate that issue. Otto said at the school between Benton Street and
Mormon Trek, there was a yellow flashing light which designated a school area and seemed to slow the
traffic flow down.
Ruth Baker, 515 West Benton Street, said she wished to thank Staff for all their hard work. From the
planning principles list it was evident that Staff were listening and were trying to come up with a good plan
for everyone. Baker said she wanted to talk to the issue of Benton Street traffic issue. She felt this was an
opportunity to do more encouraging of people to use Hwy 1. Baker said she hoped that anything that
could be done with the Plan to continue that venture would be investigated. She felt there should be a
stoplight somewhere on Benton Street. Drivers used the street because there was not a light between
Sunset BIvd and Riverside Drive and they tended to speed because it was a long straight stretch. Baker
said at the corner of Benton Street and Miller Street would be the perfect spot for the placement of a
stoplight, not only for the traffic problems but also for the park and for children to safely cross the street.
Baker said she was also of the opinion that there should not be a sidewalk on the south side of Benton
Street. That would be an incentive for children to run across the street. Baker said she lived on the south
side of Benton Street. She crossed over to the north side to ascend the hill, then crossed back over to the
south side of Benton Street when she needed to. Baker said she was encouraged by Planning Staff's
commitment to more pedestrian friendly areas.
Robynn Shrader, 1104 Weeber Circle, said she encouraged the Commission to adopt the Plan as a
whole and added her sincere thanks to Staff for what she felt was a great process. Staff had worked very
hard to engage persons in the process who wanted to participate.
Public discussion was closed.
Motion: Hansen made a motion to continue the public hearin,q for an amendment to the Comprehensive
Plan to adopt the Southwest District Plan for the area located generally south of Melrose Avenue, West of
the Iowa River, North of Highway 1 West and East of the Iowa City Landfill to 8/15/02. Anciaux seconded
the motion.
Anciaux asked how wide was the right of way along Benton Street and the width of the street on the hill.
Howard said the pavement area at the intersection of Benton Street and Riverside Drive was quite wide,
approximately 45 feet. It narrowed to 25 feet on the hill and widened out to 33 feet west of Sunset Drive.
Staff would check the width of the right-of-way.
Hansen said persons had talked about safety and safety issues associated with Benton Street; the speed
of motorists and bicyclists traveling on Benton Street; and the speed of traffic on Rohret Road. Hansen
said part of that was the behavior of the persons who were engaging in those activities. He said the Iowa
City police were always looking for places to place the radar wagon. He had seen it on Benton Street but
not on Rohret Road. Hansen encouraged the residents to call the police and request them to place the
wagon on Rohret Road.
Freerks asked Staff if they were planning on having additional public meetings or meeting with persons
who had issues with the development of the proposed Carson lake area. Howard said Staff would be
willing to meet further with them. Carson had visited with Staff several times and Staff had modified the
concept plan in response to Carson's concerns.
Planning and Zoning Commission Minutes
August 1, 2002
Page 7
Howard said she wished to address a comment made by Hawley regarding a recreation center. Howard
said she had addressed that issue in her memorandum to the Commission. The blue areas on the
Concept Plan on Rohret Road near Highway 218 would all be appropriate for a recreation center or
similar facility.
Shannon asked Staff to meet with Davidson before the next meeting to obtain further information on the
possibility of installing a pedestrian activated push button crossing light on Benton Street. Also the
possibility of having a stoplight installed at the intersection of Benton and Miller Streets. Koppes asked for
information regarding the study that had been done on the Walden Square area. Howard said she had
copies of that traffic study. It was a detailed study that had a lot of recommendations for pedestrian
improvements, some of which had been installed during this summer.
Anciaux called the question. The motion passed on a vote of 6-0.
REZONING ITEMS:
REZ02-00013, discussion of an application submitted by the City of Iowa City for rezoning of (1) an 8.69-
acre property located north of Highway 1 and west of Miller Avenue from High Density Multi-Family
Residential (RM-44) to Low Density Multi-Family Residential (RM-12) or Medium Density Multi-Family
(RM-20) with a Conditional Zoning Agreement; (2) a 1.45-acre property located north of Highway 1 and
west of Miller Avenue from Community Commercial (CC-2) to Low Density Multi-Family Residential (RM-
12) or Medium Density Multi-Family (RM-20) with a Conditional Zoning Agreement; and (3) a 1.45-acre
property located north of Highway 1 and west of Miller Avenue from Medium Density Single-Family (RS-8)
to Community Commercial (CC-2).
Howard said this rezoning action was a City initiated rezoning which was a direct result of the planning
that was done for the Southwest District. City Council had set the moratorium for the area particularly to
study the area to determine appropriate rezoning actions. Over the years the undeveloped Ruppert
property had been an issue of contention within the neighborhood. There had been a number of rezoning
actions that had resulted in stale mates over the years. Staff hoped to get this issue finally resolved.
Howard said Staff had divided the property up into three different tracts for rezoning purposes. Tract 1
was the property currently zoned RM-44. Tract 2 was the property directly east of Tract 1, currently zoned
CC-2. Tract 3 included 1.5 acres located north of the existing commercial property which was currently
zoned RS-8.
Tract 1 contained steep and critical slopes and two wooded ravines which would make development
difficult. The property had limited access and no IDOT approved access from an arterial street. Harlocke
Street, a local street, dead-ended at the property's northern border. Traffic from any new multi-family
development would have to flow through the adjacent single-family neighborhood before reaching Benton
Street, an arterial street. Estimates of traffic along Harlocke Street indicated that the existing development
generated traffic at a rate of 500 or more trips per day, which was the City's local street threshold above
which a second means of access should be provided. A lack of transition between higher density and
lower density zoning in the area was also a concern. The study conducted during planning for the
Southwest District indicated that RM-44 zoning for Tract 1 was inappropriate for this property. Staff had
determined that Iow-density multi-family, RM-12, was most appropriate for this hillside. However, if
parking were to be located under the buildings to reduce the amount of grading, the buildings were
brought away from the single family homes through the use of some sort of buffer, the area might be able
to support an RM-20 zoning.
Tract 2, currently zoned Community Commercial (CC-2), had an IDOT approved access point from
Hwy 1. The property also contained a ravine which provided a natural barrier for the two zones, so it was
logical to move the zone boundary to the east.
Tract 3 was partially zoned Community Commercial. Over the years the property owner had indicated that
selling those lots for development had been difficult because they were narrow, shallow lots. It made
sense to extend the zoning boundary to the north, squaring off the zoning boundary to make it easier for
commercial development. Howard said there had been discussion during the working group meetings for
other alternatives. The property owner had indicated an interest in having the entire piece zoned for
medium density, multi-family development rather than all commercial development. Staff had no
objections to that type of zoning.
Planning and Zoning Commission Minutes
August1,2002
Page 8
Howard said she wished to stress that if the Commission felt RM-20 zoning was appropriate for the
property, Staff felt there were some important elements that should be included in a conditional zoning
agreement (CZA) to ensure that the site was developed with sensitivity to the environmental features of
the site and to the neighboring properties. Additionally, very few pedestrian links north and south existed
in the area so another element in the Southwest District Plan was to include some type of pedestrian way
between the dedicated open space at the top of the hill and the Miller-Orchard Park. Howard said all the
suggested CZA requirements were listed in Staff's report.
Public discussion was opened.
William E. Knabe, 1101 Weeber Circle, said he and his wife owned a 4.2-acre tract of undeveloped land
that was presently zoned RS-5. Some of the recent developments in his neighborhood had not been
beneficial to the preservation of his neighborhood. Knabe said the proposed zoning changes could
improve the current situation. The proposed change would allow the change of a progression or stepped
zoning pattern, from RS-5 to RM-12 to RM-20 to RM-44 to RS-8 and RS-5. He said such planning in the
long run would contribute to the preservation and continued integrity of all the neighborhoods that resided
on Benton Hill. Knabe said he realized a RS-5 or RS-8 zoning next to his property would not be possible,
so he was willing to compromise and accept the proposed RM-12, which would provide the owners of the
property the opportunity to develop the land with a high rate of return and preserve the future integrity of
the neighborhood. Knabe said they would be adamantly opposed to and would pursue all legal means
open to them to refuse the conditional RM-20 zone. Knabe said the whole reason for rezoning the
property was that it was a general agreement that that piece of property had been inappropriately zoned
RM-44. That piece of property had originally been zoned R-lA, which was equivalent to RS-5. The
property needed to be downzoned, but how far, was the question. Knabe said from his point of view and
based upon what he had learned in working with the City Planning Staff, there was difficulty even by Staff
in distinguishing between RM-20 and RM-44 development. That had already been experienced in the
South Gate development and the Benton-Billas situation. Because of that, Knabe said they were opposed
to any kind of an RM-20 conditional zoning. He agreed with the RM-12 zoning recommendation. Knabe
urged the Commission to consider the adoption of the zoning changes, but to refuse the rezoning change
for a conditional RM-20.
Robynn Shrader, 1104 Weeber Circle, said she did not have enough information to know the
ramifications of the conditions and requested a copy of the Staff report. She asked that more information
be made available to the public and a clear explanation of the differences between the RM-12 and the
conditional RM-20 zoning.
Howard read the eight conditions for the RM-20 zoning that were listed on pages 4 and 5 of the Staff
report. Miklo said the City could not impose conditions on a rezoning unless the applicant agreed to them
at the time of rezoning. He said it was clear that the applicant would not agree to conditions with a RM-12
rezoning. Howard said a draft of the CZA had been forwarded to the property owner. They were currently
reviewing it. Chair asked for more clarification between the RM-12 and RM-20 zonings, was it correct that
the RM-20 was the "carrot" to get more conditions where as with the RM-12 zoning there would be no
conditions and no control over anything. Miklo said that was basically correct.
Anciaux asked with a RM-12 zoning, could the property be connected to Harlocke Street? Miklo said it
was possible, there was access. Hansen asked what the grade for the street would be, it would be very
steep. Howard said if the buildings were built at the top of the hill on the flat portion, the developer would
only have to meet the underlying zoning requirements. It would be possible to put the building right up
next to the single-family zone, which had been a concern with access off Harlock Street. Hansen said that
would probably overload Harlocke Street. Howard said it would be possible to get access to Hwy 1.
Freerks asked with the topography that existed on the site, hypothetically would it be possible to develop
the area to the full RM-20 density? Howard said it would take creative site design. Freerks asked if it
might also be possible to have a tract of land zoned a certain way, but due to topography and sensitive
areas on a site it might not be developed to the full density. Howard said that was also a possibility.
Mary Knudson-Dien, said she did not have an objection to Tract 3 being zoned CC-2, but did have a
concern that if it were changed, the remaining RS-8 above it would eventually be rezoned to CC-2. She
was worried the zoning would edge up and requested that the property remain RS-8 for purposes of
Planning and Zoning Commission Minutes
August1,2002
Page 9
neighborhood revitalization. Knudson-Dien had purchased her house for the back yard, if any other
zoning were placed on that tract of land it would affect the quality of her family's life.
Robynn Shrader, said she was not appreciative of the discussion of traffic on Harlocke Street. It had been
stated that Harlocke Street was already maxed out to where the City would want to see a secondary
access. Shrader said she was concerned about the language used by Howard for the CZA, "We are
recommending 100 feet" and asked someone to address the enforceability of the conditions in a CZA
since everything was conceptual. When everything came to be and it was time for the Commission to
approve the proposed development, nothing might look like the current proposed layouts. Howard said
the actual CZA would have to be quite a bit more exact. Those details would have to be worked out and
agreed upon between the City and the property owner. An agreement should be available at the next
meeting. Howard said Harlocke Street was already at capacity, but that didn't mean that it couldn't be
connected somewhere else to provide a secondary access. A developer could make the argument that a
secondary access could be provided which would provide for a higher traffic threshold for that street.
Howard said with just the zoning requirements, the City had less control as long as the underlying zoning
was met. That was Staffs concern as well.
Shrader said she wondered why the Commission would adopt something when the actual specifics of the
conditions of the CZA had not been fully worked out. It worried her that the Commission would adopt
something where the actual specifics were not black and white. Freerks said the Commission was not
going to adopt anything at that meeting. Shrader said it was before the Commission and it could take a
path, "those things had a way of taking a path and it could be a quick path." Miklo said the specifics would
be worked out between this meeting and the following meeting. Shrader asked if there would be another
opportunity for public comment. Howard said yes, as well as before the City Council. Shrader said the
Commission's recommendation would have a lot of influence on the Council's decision.
Public discussion was closed.
Motion: Anciaux made a motion to defer REZ02-0001;~, discussion of an application submitted by the
City of Iowa City for rezoning of (1) an 8.69-acre property located north of Highway 1 and west of Miller
Avenue from High Density Multi-Family Residential (RM-44) to Low Density Multi-Family Residential (RM-
12) or Medium Density Multi-Family (RM-20) with a Conditional Zoning Agreement; (2) a 1.45-acre
property located north of Highway I and west of Miller Avenue from Community Commercial (CC-2) to
Low Density Multi-Family Residential (RM-12) or Medium Density Multi-Family (RM-20) with a Conditional
Zoning Agreement; and (3) a 1.45-acre property located north of Highway I and west of Miller Avenue
from Medium Density Single-Family (RS-8) to Community Commercial (CC-2).
Koppes seconded the motion.
Chair said the evening's discussion had been good, there had been a lot of feedback from the citizens.
He encouraged everyone to pay more attention to the compromise and the conditions that could be
controlled with the RM-20 concept versus the RM-12. The distinction between having a CZA and having
the underlying zoning be almost rote in terms of what could happen was important.
Anciaux said he concurred with Chair's comments. If it were possible to control access going out onto
Hadocke Street, that would be important. RM-12 might not be the most beneficial thing for this piece of
property.
Shannon said he agreed with Chair's comments. This was a very important item and there would
hopefully be one or two more times for persons to express their comments. Shannon said he always
appreciated when persons attended the Commission meetings and voiced their comments.
The motion passed on a vote of 6-0.
REZ02~0001q, discussion of an application submitted by Craig Petit for a rezoning from Low Density
Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi-Family (OSA-12) on 1.06 acres to
allow a 12-unit multi-family building located on the west side of First Avenue south of Stuart Court. (45-
day limitation period: 8/1/02)
Miklo said the applicant had requested this item be deferred to 8/15/02.
Planning and Zoning Commission Minutes
August1,2002
Page 10
Motion: Anciaux made a motion to defer REZ02-00010 to 8/15/02. Freerks seconded the motion.
The motion passed on a vote of 6-0.
VACATION ITEMS:
VAC02-0000~, discussion of an application submitted by CRANDIC Railway Company and the University
of Iowa for a vacation of the right-of-way of portions of Front Street and Prentiss Street generally located
south of Burlington Street and west of Madison Street.
Adam said this application was initiated as a means to clear title on property that was changing hands
between the CRANDIC Railway Company and the University of Iowa. The original request was for a large
portion of land, beyond that which was necessary to clear title. Staff felt it was not necessary to vacate
the entire area because there were several utilities crossing the area and having unimpeded access was
more important than vacating and subsequently conveying the property. Adam said he had received
correspondence from CRANDIC Railway Company's lawyer agreeing to what was seen on Exhibit B.
These were Staffs recommended areas for vacation which were the portions necessary to clear title.
Adam said one correction needed to be made to his Staff recommendation, retention should be changed
creation of utilities easements...Currently the City did not have easements over the area, they just had
possession of the street. Therefore creation of easements would be necessary. A full legal description
would be conveyed to Adam before the item went before Council.
Anciaux asked if the City was giving up some of Prentiss Street. Adam said yes. Anciaux asked if the City
was retaining some right-of-way in order to access the river in that location. Adam said the City would
retain a pedestrian right-of-way access easement through that area. The exact details had not been
worked out yet, so Adam did not know how wide the access easement would be. Twenty feet would be
required for a trail, however in this case it was a street in an urbanized area so the City might ask for a
sidewalk along one side or the other. Adam said it would not go clear to the river itself, but only across
what was being vacated. Adam said it was noted in the near Southside Design Plan that Staff would like
to see a greenway down to the River which would either be down Harrison or Prentiss Street. Adam said
Staff wanted to ensure that if the City vacated, there was an easement. Hansen asked what would be the
minimum width that the City would ask for. Adam said 15 feet.
Public discussion was opened.
Susan Hensff, attorney for CRANDIC Railway Company, said in conversing with the various City staff
members, she had discovered that his particular item, the title to Front Street, had been an issue dating
back to at least 1912. She said the concern about vacating the entire west half of Front Street was so that
the City could create and retain easements for utilities. Hense said she felt that could happen regardless
of whether the entire west half of Front Street had been vacated or not. The City had to create the
easements and they had to be retained. Hense said CRANDIC had agreed to amend their application to
the sliver vacations recommended by Staff in order to get the title problems resolved and the sale to the
University consummated. Hense said she wanted to advise the Commission that someone would be back
before them fairly soon to have the rest of the west half of Front Street vacated. CRANDIC was not using
that line very much and intended to abandon that entire track at some point. The logical and most
reasonable entity to purchase that property would be the U of I as they owned all the surroundin§
properly.
Anciaux asked what Hense meant by vacation of the tracks and where. Hense said the tracks that ran the
entire width of Front Street would no longer be used, there were several tracks that were there now. 'The
depot had been removed and the property sold to the University. CRANDIC anticipated abandoning any
track they had all along Front Street and selling any remaining property they had to the University. Hense
said the remainder of the west half of Front Street should be vacated at some point along with the little
slivers that were currently to be vacated as it would eventually become University property. The process
would have to be repeated for the remainder of the property.
Public discussion was closed.
Planning and Zoning Commission Minutes
August 1, 2002
Page 11
Motion: Chair made a motion to approve VAC02-00002, an application submitted by CRANDIC Railway
Company and the University of Iowa for a vacation of the right-of-way of portions of Front Street and
Prentiss Street generally located south of Burlington Street and west of Madison Street. Koppes
seconded the motion.
Anciaux said he was very concerned about access to the river. If CRANDIC was selling the property to
the University, the City should maintain all the premise as an access to the river. Hansen said he
concurred with Anciaux. He felt the City was continually boxing itself out of the river one little box at a
time. Adam said the City still possessed Harrison Street down to the river. Adam clarified what land areas
the University and the City owned leading up to the river.
Behr said the City was recommending that the City maintain a public access easement over the part of
Prentiss Street that would be vacated. For the Commission's purposes, there was no practical difference
between owning the properties or vacating and keeping a public access easement. The City still had
public access over it. Hansen said what concerned him was there was no set standard on width for the
easement that the City would ask for, and only a minimum of 15-feet. Hansen said he would like to see
the riverfront open to the public and improved to the point of making money off the riverfront, as other
towns were doing. If the City only asked for 15-feet, and something in the future determined that more
than 15-feet were needed, then what. Behr said where that came into play was at the Council level. Right
now all that was being done was vacation, no legal ownership was being changed. Ownership did not
change upon vacation. Council decided if property was disposed of, how much was disposed of and how
large a public access easement would be maintained. That would be done at conveyance time. Anciaux
said in the countryside, if a railroad decided to quit operating on their property, many times the adjacent
landowner was given the land. Could the City as an adjacent landowner purchase the railroad right-of-
way to connect Prentiss Street to the river? Behr said the law about purchasing abandoned railroad right-
of-way was very complex. Right now there was the assumption that the City owned the property that the
railroad was on. Anciaux asked if the City owned the land clear to the river if the City did not vacate that
portion of Prentiss Street. Behr said he didn't know if clear to the river was correct, but the presumption
was that the City owned Front Street where the tracks were.
Hansen asked if the City was vacating the property so CRANDIC could sell it to the University. Behr said
that was correct. That was why CRANDIC was asking for the vacation. Koppes asked if the City was
being reimbursed for this. Behr said that came up at Council level.
Freerks said she understood what Hansen was saying, and felt the riverfront was poorly utilized. In the
greater context of what the University wanted to do, she was not sure what all the little pieces would really
do for the City.
Anciaux said he didn't see our riverfront development as similar to something like San Antonio had, but
he did see it as a great recreational opportunity for people to get down to the riverbank to fish and
participate in water recreational activities along the east side instead of just the west side. Anciaux said
he personally felt it would be a mistake for the City to vacate anything that touched the river. In the
proposed vacation areas, Anciaux said there was probably enough room to make a parking lot there so
people could park and go down to the river to go fishing.
Shannon said he agreed with the various reasons that had been expressed for not going along with the
vacation. When Shannon had first joined the Commission, a vacation had occurred. He had not felt right
about vacating the land and ultimately handing the property to the University without getting something in
return. He said even though it did not directly involve the Commission, when the Johnson County jail was
trying to get land to do an extension onto the jail, the University had not cooperated. Since the University
had been so inflexible, the Commissioners should not pass something that they really did not understand
what they were handing over to the University for nothing. Shannon said he would like to help out
CRANDIC Railway Company, but when the University had been so inflexible in the past about returning
the favor, he did not want to vote on this item until he knew more.
Koppes suggested a deferral. Chait withdrew his motion to approve VAC02-00002.
Motion: Anciaux made a motion to defer VAC02-00002, an application submitted by CRANDIC Railway
Company and the University of Iowa for a vacation of the right-of-way of portions of Front Street and
Planning and Zoning Commission Minutes
August 1, 2002
Page 12
Prentiss Street generally located south of Burlington Street and west of Madison Street until 8/15/02.
Freerks seconded the motion.
The motion passed on a vote of 6-0.
VAC02-00004, discussion of a request by the University of Iowa to vacate portions of Harrison, Front and
Prentiss Streets and an adjoining alleyway west of Madison Street.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Koppes made a motion to defer VAC02-00004 to 8/15/02. Anciaux seconded the motion.
The motion passed on a vote of 6-0.
ZONING CODE ITEM:
Discussion of an amendment to the zoning code Section 14-6H-1, General Industrial Zone, to allow repair
of commercial and industrial trucks as a provisional use.
Miklo said Staff recommended the General Industrial Zone be amended to allow the service and repair of
commercial and industrial trucks per the three provisions listed in Staff's report. The three conditions were
the same as for truck transfers and helped to ensure that trucks were not abandoned in an area. He said
this amendment was limited to commercial and industrial trucks and did not allow for repairs to general
autos, pick-up trucks or SUV's. Miklo indicated where the I-1 zones were located within the City on a City
map.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Anciaux made a motion to approve an amendment to the zoning code, Section 14-6H-1, General
Industrial Zone, to allow repair of commercial and industrial trucks as a provisional use. Koppes seconded
the motion.
The motion passed on a vote of 6-0.
CONSIDERATION OF THE JULY 18, 2002 MEETING MINUTES:
Motion: Koppes made a motion to approve the meeting minutes as printed and corrected. Hansen
seconded the motion.
The motion passed on a vote of 6-0.
OTHER:
Anciaux requested Legal Staff to research how much of the Iowa River did the State own up the banks,
as well as riparian rights and any related information.
ADJOURNMENT:
Koppes made a motion to adjourn the meeting at 9:40 pm. Freerks seconded the motion.
The motion passed on a vote of 6-0.
Jerry Hansen, Secretary
Minutes submitted by Candy Barnhill
shared on d [yntJpcd/min ut e~Jp&z/p&z08-O 1-02 doc
FINAL/APPROVED
MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 15, 2002
EMMA J. HARVAT HALL
MEMBERS PRESENT: Ann Freerks, Dean Shannon, Beth Koppes, Ann Bovbjerg,
Jerry Hansen, Benjamin Chait, Don Anxiaux
STAFF PRESENT: Bob Miklo, Karen Howard, John Adam, Shelley McCafferty, Mitch Behr
OTHERS PRESENT: Steve Carson, Gary Watts, Steve Woodward, Chuck Meardon, William Knabe,
James Goss, Tim Vrchoticky, Kristine Vrchoticky, Bruce Haupert, George
Baculus, Steve Laughlin, Roger Worm, Michael Maharry, Michaelanne
Wiriness, Jackie Briggs
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 7-0, the Southwest District Plan for the area located generally
south of Melrose Avenue, West of the Iowa River, North of Highway 1 West and East of the Iowa City
Landfill as printed in the Public Review Draft dated 7/18//02 incorporating Appendix C of the 8/1/02
Commission meeting and incorporating the recommendations from Staff in the memorandum dated
8/15/02.
Recommended approval, by a vote of 7-0, REZ02-00013, an application submitted by the City of Iowa
City for rezoning of:
1. an 8.69-acre property located north of Highway 1 and west of Miller Avenue from High Density
Multi-Family Residential (RM-44) to Low Density Multi-Family Residential (RM-12) or Medium
Density Multi-Family (RM-20) with a Conditional Zoning Agreement;
2. a 1.45-acre property located north of Highway 1 and west of Miller Avenue from Community
Commercial (CC-2) to Low Density Multi-Family Residential (RM-12) or Medium Density Multi-
Family (RM-20) with a Conditional Zoning Agreement; and
3. a 1.45-acre property located north of Highway 1 and west of Miller Avenue from Medium Density
Single-Family (RS-8) to Community Commercial (CC-2).
The Conditional Zoning Agreement will reflect the general conditions outlined in the Staff report. The
preference of the Commission is for RM-20 zoning with a CZA for tracts 1 and 2. If that is not chosen,
then RM-12 zoning is recommended.
Recommended approval, by a vote of 4-3, VAC02-00004, a request by the University of Iowa to vacate
the 100 block of West Harrison Street, an extended portion of West Harrison contiguous with the Front
Street right-of-way, Harrison Street west of Front Street to its termination at the Iowa River, the easterly
half of the 100 block of West Prentiss Street, and the alley in Block 5 of the County Seat Addition, subject
to the creation of blanket utilities easements where needed, as determined by the Public Works
Department, and the creation of blanket access easements over all vacated portions, except the alley in
Block 5 of the County Seat Addition.
By a vote of 7-0, the following Recommendation to Council was approved. That the City Council ensure
that the easement to the river be maintained, access to the river through Harrison and Prentiss Streets be
maintained, improvements up and down the river be made, and a sidewalk be installed along the upper
part of the bank as part of the compensation for VAC02-00004.
Recommended denial, by a vote of 3-4, VAC02-00002, a request by the CRANDIC Railway Company to
vacate those portions of Front Street and Prentiss Street indicated on Exhibit B, attached, subject to the
creation of utilities easements where needed, as determined by the Publics Works Department, and the
creation of a blanket access easement over Prentiss Street.
Recommended approval, by a vote of 6-1, VAC02-00003, a request by the University of Iowa to vacate
the south 295 feet of Grand Avenue Court, subject to the creation of utilities easements where needed, as
determined by the Public Works Department, and subject to agreement by the University of Iowa that it
will comply with the Iowa City Historic Preservation Ordinance regarding the future disposition of the
Cannon-Gay House, an Iowa City Historic Landmark and National Register-listed house, at 320 Melrose
Planning and Zoning Commission Minutes
August 15, 2002
Page 2
Avenue, which borders the requested vacation area and also subject to treatment of the grounds
complying to Secretary of the Interior standards for historic properties.
CALL TO ORDER:
Bovbjerg called the meeting to order at 7:33 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENTS OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Bovbjerg said a listing of vacancies on the various boards and commissions was posted in the outer lobby
and also explained how interested persons could volunteer to serve on board or commission.
COMPREHENSIVE PLAN:
Public hearing for an amendment to the Comprehensive Plan to adopt the Southwest District Plan for the
area located generally south of Melrose Avenue, West of the Iowa River, North of Highway 1 West and
East of the Iowa City Landfill.
Howard said Staff had received many good comments and suggestions from the public during the
planning work shops and since the presentation of the draft Plan on 7/18/02. She said based on what
Staff had heard during the past few weeks, discussions with the Commission, and on comments received,
Staff had outlined specific amendments to the Plan in a memorandum dated 8/15/02. Amendments Staff
suggested be made to the Plan included: Roosevelt Subarea:
· add Appendix C regarding the moratorium area in the eastern part of the district
· add more specific language on page 26 with regard to zoning recommendations for the moratorium
area
Willow Creek Subarea:
· add a sentence on page 35 regarding how Willow Creek Trail may be extended in the future
South Rohret Subarea:
· modify the South Rohret Plan Map to correspond more closely to discussions about the concept plan
for that area
· include more of a transition between the existing homes and new development on the plan map
· move the Neighborhood Commercial area further east on the plan map
· insert the Carson Lake Concept Plan map into the Plan
· add language on page 43 regarding the use of the culvert under Hwy 218 as a potential tunnel for a
pedestrian trail
· add language regarding when sewer is extended under Hwy 218, the existing residential large lots
could connect into the City sewer system and those particular lots could be further subdivided.
Planning Principles
· add a page of"Planning Principles" as described in the public presentation on July 18
Howard said traffic and pedestrian facilities in a number of areas had frequently been brought up by the
public. The arterial streets of Mormon Trek and Benton Street had received specific suggestions. Howard
said after reading back through the Plan and looking at all the separate sections where transportation and
traffic improvements over the next 20 years were mentioned, Staff felt the Plan addressed those issues in
a way that a comprehensive plan should. It did not go into exact details about design or timing of the
improvements which was better left flexible, especially with respect to capital improvements and how the
City Council might decide to appropriate funds for specific implementation of the Plan.
Howard said the Parks and Recreation Commission met on 8/14/02. By a vote of 8-0, they voted to
endorse the Southwest District Plan.
Public discussion was opened.
Planning and Zoning Commission Minutes
August 15, 2002
Page 3
Steve Carsoq, 3207 Rohret Road, said he represented the Carson family. He had forwarded comments
from his family to the Commission previous occasions and also in a letter dated 8/14/02. He said the
Carson family supported the language in the Plan which supported the gradual transition of residential
densities between the existing neighborhood, Carson's residence and the future neighborhood. He said
the Carson family still had a major concern about the park and lake concept. They felt the size of the lake,
43 acres, was too large. Carson said he wanted to go on record stating that the Carson family was not
against parks, they were not against lakes, and they were not against potential development in the area.
Carson said his family would encourage the Commission to include language in the Concept Plan which
would allow different sizes of lakes and parks to be considered. Also, to allow the Carson's to fine tune
the concept when it became reality as they did not know how it would affect the rest of the property that
they owned. Carson said they were not formally pursuing or considering offers from developers at this
time for any portion of their land. Carson said they were taking a pro-active approach by pursuing
opinions from persons who might be involved in the development of their property and how they felt it
would affect the whole of the Carson property.
Howard said on page 43, the Plan had a paragraph which talked about the regional storm water facility as
being feasible, and a good idea for future storm water management, as well as to provide amenities for a
new neighborhood. The Plan also stated that "if the storm water lake was not constructed, a public park
with a smaller water feature and public amenities including trails, etc. should be considered in lieu of the
lake. The recommended concept for development around the lake would also apply to the park." Howard
said the Plan did leave open the possibility for other alternatives. With regard to the size of the lake, if it is
to function as a regional storm water facility, it would have to be sized to adequately drain the area to
prevent flooding. That would have to be determined through an engineering and a design study when
actual development was going to occur. Howard said the size of the lake was conceptual but it was based
on preliminary design concepts outlined in the 1996 Public Works study and the topography in that area
so there was reality to the size of the lake. The 1996 study was preliminary and would have to go through
a more extensive engineering study to determine the size.
Bovbjerg asked if the topography would allow for a smaller lake and another storm water area. Howard
said if it were to function as a regional storm water facility, it would have to be of a certain size. If the City
decided that they did not want a regional storm water facility, the area could be developed with whatever
amenities they wanted. However given the topography of the area, the Iow lying area and drainage
issues, Staff felt some of the area would not be able to be developed anyway, so parkland would be
appropriate. Miklo said the flood plain map showed that a good portion of the area is in the 100-year flood
plain, so it would not be advisable to have development if the lake was not there.
Shannon asked if calculations had been done yet with respect to the percentage of parkland in relation to
area of development. Howard said the calculations had not been done, the Plan did not go into that level
of detail. Staff had also intended that the park would function as a regional park, such as the Willow
Creek Park did.
Gary Watts, 4988 Lower West Branch Road, said he wished to compliment Staff and the City for the
foresight to go out and try to get a vision of how they would like to see the area developed. To have a
guide of what the City might approve was very helpful to persons like himself who might have the chance
to develop the area. Watts said he saw a lot of good in the Plan. With a tract of that particular size, it was
a little difficult to predict the market and what would sell at any given time, but it did have a lot of diversity
of product. Watts said he wished to commend Staff and all of their efforts for trying to show the neighbors
and the people who lived in that area what could happen with a piece of real estate through the District
Plan. Watts asked the Commission if when someone got the chance to develop the property, how closely
did the Plan have to be followed from a design standpoint. As a developer, he saw the Plan as a
guideline, but not necessarily etched in stone. Bovbjerg said she thought the thinking of the Commission
as well as in talking with Staff and during the Southwest planning workshops, was, it was conceptual in
general. "Principles put down on paper, but exactly where the street would go, probably not exactly. It
was not what must happen, but what could happen."
Shannon asked Watts, as a developer, what was his feeling on single loaded streets, was it something
that they liked or disliked. Watts said from a profit standpoint, it was more profitable with double loaded
streets and lots on both sides. Watts said, generally, but not always, they did not like single loaded
streets. Shannon said single loaded seemed like a nice concept. He said that often when someone had a
yard that fronted on a park they encroached on the park property, there was little enforcement of lot lines
Planning and Zoning Commission Minutes
August 15, 2002
Page 4
and the park gradually became smaller. Watts said he had noted that the Plan had some properties with
alleys behind them which was a nice concept that was beginning to catch on.
Hansen said that although the plan was flexible, some of the items were important and should be adhered
to. They included not building on flood plains and the transition between housing. Where roads were built
and the types of dwellings built on certain zonings was up to the City and developer to determine at a
later date.
Steve Woodward, 832 Spencer Drive, said he had been before the Commission two weeks age
specifically about the intersection of Mormon Trek and Cameron Way near Walden Square. An article had
also been written in the Iowa City Gazette regarding that issue. The public and Staff were differing about
the timeframe for implementation of measures. During the two weeks that signatures had been gathered,
150 persons had signed and only two refused to sign the petition. Woodward asked Staff and the
Commission for a number of how many people had to be concerned before the issue was addressed now
as opposed to 5 years from now. Bovbjerg said the Commission had discussed this particular issue a
great deal at the informal meeting. The issue had to be looked at but there were benchmarks that were
used for traffic warrants. Bovbjerg said she did not know the timeframes for traffic studies or for when
capital improvement funds would be available. Miklo said Staff would continue to monitor the situation on
Mormon Trek Boulevard and to do periodic traffic counts and warrant studies. He said there were federal
ASHTO (American Society of Highway and Transportation Officials) standards that Staff used to
determine when a traffic signal was warranted. For instance, when a signal met the warrants and
improved the situation without causing harm elsewhere in the area's transportation system. Staff could
not look to petitions but the Council could, and for political reasons determine that a light should be put in
even though it was not warranted based on engineering standards. Miklo suggested that the petitions be
directed to the Council.
Chair said the concern was a legitimate concern, but was not one that was addressed within the context
of the Southwest DistrictJComprehensive Plan specifically. It was not something that the Commission
dealt with as a matter of course, but was better dealt with by other City departments. Howard said Staff
felt the Southwest District Plan was to be used as a policy guide; it was not an implementing document
but a vision for the future. The concerns had been mentioned at the district workshops. She said
language throughout the entire Plan talked about making streets and arterial streets function safely, and if
traffic improvements were warranted in the future they should be investigated and implemented. There
was also a whole section in the Plan on Walden Square and the concerns expressed at the workshops.
Howard said the language was in the Plan as a means for citizens to go to the Council and advocate for
implementation of their desired outcomes for their neighborhoods. Freerks asked when the most recent
traffic study had been done for that neighborhood. Howard said a study was done in November of 2001.
Woodward said based on the expressed concerns of 150 persons, he felt there should be stronger
language in the Plan as opposed to the one sentence that was currently in the Plan. Woodward said the
empirical evidence was tremendous. There were situations where it was not warranted but there were
times when the populace spoke out despite the empirical evidence that it might behoove individuals to
review the situation again. Chair asked Woodward to recommend what type of language he would like to
see in the Plan that would fit within the context of what the Plan was meant to be. Woodward said if "x"
amount of development were to occur on Rohret Road, he assumed there would be models which would
indicate that if traffic increased on Mormon Trek by "x" amount, the need for a light should be reviewed
because of new development. He said there was no specific wording within the Plan for that situation,
only that it may be warranted within the next 3-5 years. Bovbjerg said Staff did those types of models
routinely. Howard said that had occurred during the study. The District Plan is not a design study, but a
vision plan. Howard said in the traffic study there were a number of specific recommendations which Staff
considered. Currently the numbers show a review might be warranted soon. She said as the City
continues to develop there would be additional pressure on Rohret Road and there would need to be
improvements at a lot of different intersections. The Plan outlined that traffic and safety should continue to
be monitored along all those streets as development occurred further west. Woodward said he
understood but the issue was in terms of timing - what the people in the area thought and what empirical
evidence showed at present. Chait said the types of processes that Woodward was looking for were
ongoing all the time at the Traffic and Engineering Department and would kick-in automatically. However
the day-to-day micro-management of when it happens is part of the process that exists regardless of the
Southwest District Plan or any other plan. It had to do with the various divisions of the City. Chair said
Woodward's concern was valid, had been heard, and resolution would occur regardless of the Plan.
Planning and Zoning Commission Minutes
August 15, 2002
Page 5
Woodward said he was trying to bring greater light to the issue and anything that could be done in the
mean time to emphasize the timeliness that the residents of the neighborhood felt was necessary versus
what the Plan proposed would be a good thing. Chair suggested to Woodward, in order to be heard more
clearly, he visit with Jeff Davidson and City Council as those venues were more appropriate for action of
an immediate nature to problems of a specific concern.
Public discussion was closed.
Motion: Hansen made a motion to approve the Southwest District Plan for the area located generally
south of Melrose Avenue, West of the Iowa River, North of Highway 1 West and East of the Iowa City
Landfill as printed in the Public Review Draft dated 71181102 incorporating Appendix C of the 8/1/02
Commission meeting and incorporating the recommendations from Staff in the memorandum dated
8/15/02. Shannon seconded the motion.
Hansen said he was glad to see the large amount of public input into this Plan. Since the South District
Plan, which had been the first Plan, public meetings had gained more and more attention and more
persons had attended them. He said the Plan was a concept plan. It gave direction, a vision of what could
be done and where things could be put and as development moved along, there would be a few changes
here and there. Hansen said he felt a lot of the problems that had been expressed by persons residing in
that part of town had been addressed and he was very happy with the Plan. He thanked Staff and the
public for their input on the Plan.
Chair said just in terms of the lake, the Plan had addressed the possibility that there would or would not
be a lake, that left open the size of the lake and the ranges. It was flexible and would respond to specific
plans that might come forward. Chair said history had shown that the Plans were concept plans and even
after specific zoning had been approved, things could change. It was an organic process, always in a
state of evolution.
Anciaux said the Plan addressed a lot of the problems which had been expressed. The lake might or
might not be feasible but the flood plain was there. The process had identified one possibility of
development but that might not be the only possibility.
Shannon said he was not a developer, but he very much liked the idea. It looked like a family
neighborhood where there was open property and park land. Time would tell if the lake was too big
depending upon the needs of the flood waters and the flood plain. The Plan was not etched in stone, it did
give some leeway to a developer.
Freerks thanked Staff and all persons who participated in the process/project. She liked the lake concept,
it was a little bit different beyond things that were usually seen.
Bovbjerg thanked the people, the Staff and fellow Commissioners. She said one fascinating thing about
the whole Southwest District area was that it had so many different kinds of areas - traffic, housing, who
lived where. It was almost a microcosm of Iowa City except without the industry, even airplanes flew
overhead. Bovbjerg said she felt it would be a good general guide. She reminded the audience to be sure
to tell their ideas to the Council as well.
The motion passed on a vote of 7-0.
REZONING ITEMS:
REZ02-00013., discussion of an application submitted by the City of Iowa City for rezoning of
1. An 8.69-acre property located north of Highway 1 and west of Miller Avenue from High Density
Multi-Family Residential (RM-44) to Low Density Multi-Family Residential (RM-12) or Medium
Density Multi-Family (RM-20) with a Conditional Zoning Agreement;
2. A 1.45-acre property located north of Highway I and west of Miller Avenue from Community
Commercial (CC-2) to Low Density Multi-Family Residential (RM-12) or Medium Density Multi-
Family (RM-20) with a Conditional Zoning Agreement; and
3. A 1.45-acre property located north of Highway I and west of Miller Avenue from Medium Density
Single-Family (RS-8) to Community Commercial (CC-2).
Planning and Zoning Commission Minutes
August 15, 2002
Page 6
Howard said this was one piece of the Southwest District Plan. The Plan supported the various rezonings
recommended by Staff. For Tract 1, the Southwest District Plan suggested that RM-12, Low Density
Multi-Family Residential, was appropriate or RM-20, Medium Density Multi-Family Residential, was
appropriate if certain conditions were taken into account that were addressed in the Plan. Howard said
the staff report highlighted some conditions that would be appropriate if the Commission decided that RM-
20 would be their recommendation to make to Council. Staff felt it was very important to have those
conditions included if the Commission recommended the RM-20 zoning for the site. Howard said Staff
had been working out a Conditional Zoning Agreement (CZA) with the property owner which had evolved
over time. She gave a list of the conditions, which were more specific than those listed in the original
rezoning report, to the Commission for their review. The list would continue to evolve as it went through
Council, both the property owner and Council would have to agree on the list. Howard said Staff
recommended RM-12 unless the conditions were placed on the property, then RM-20 would be
appropriate.
Chair asked Howard to explain why Staff would be comfortable with the RM-20 zoning with the conditions
and what would happen if downzoning was tried without an agreement with the property owner. Howard
said zoning controlled the density, but there was not a lot of difference between some of the development
standards with the two zones. The RM-12 zone was less dense, but it did not change where the buildings
could be placed, it did not involve a buffer, it did not include the conditions that were really specific to this
particular property and its topography. Other than the density, there was not a lot of difference between
the two zones.
Bovbjerg asked if it was correct that it was Staff's concern that some of the conditions be adhered to. To
make the conditions easier to adhere to, Staff suggested a higher density which would have an economic
payoff. Howard said that was correct, it would allow a more economic use of the property. If the property
had more units on it, more money could be made, and possibly make it more feasible to comply with
some of the conditions as well.
Public discussion was opened.
Chuck Meardon, lawyer for the Ruppert family. Meardon said the CZA gave the City a little more control
over the development, but at issue would be if it would be possible to have the same ability to have a
buffer with an RM-12 zoning as with an RM-20 zoning. Meardon said he didn't think so. The CZA
continued to evolve and the Ruppert family was very grateful to Staff for continuing to work with them
regarding the CZA. He said the Rupperts were in favor of an RM-20 zoning with a CZA. It accommodated
the property owner from a density standpoint and offered more protection for the neighborhood. He said
they would ask for a recommendation of an RM-20 zoning with a CZA.
William Knabe, 1101 Weeber Circle, said he felt that as a neighborhood, they were all very grateful to
Staff for the endless amount of hours and time they had spent working with the neighborhood trying to
come up with conclusions for the Southwest District Plan. Knabe said most of the neighbors were very
pleased and thrilled with having had the opportunity to provide input and share their ideas with the City
Planning staff and with the Commission. Knabe said with respect to item "C" on the Preliminary
Conditions list, he wanted to be sure that the buffer zone was a zone that would extend all along the
westerly border from Harlocke Street to Highway one. He encouraged Staff to put that language into the
CZA because he had 4.2-acres of undeveloped land along the west side of that piece of property.
Knabe's plans for his piece of property would make it more advantageous to have the buffer zone since
the land was presently zoned RS-5.
Knabe said everyone agreed that RM-44 was an inappropriate zoning for that property. Knabe said he
and his wife were receptive to the RM-20 zoning agreement with CZA conditions if they were enforced. If
that was not possible, Knabe said the other alternative, RM-12 zoning, had to be considered. He said for
that reason they stood in support of the RM-20 with a CZA, but they wanted to be sure that the property
did not revert back to an RM-44 zoning because the battle would begin all over again. Knabe said he
encouraged the Commission to recognize the fact that although the RM-20 with a CZA would give them
more flexibility in working an agreement with a potential builder, he wanted to encourage the Commission
that if it all fell through, as it had many times in past years, they go back to an RM-12 zoning.
Planning and Zoning Commission Minutes
August 15, 2002
Page 7
Howard said the intention of the CZA was to have the buffer area all along the western property line. She
felt a wording change from "existing single family houses" to "existing single family zoned property" would
be appropriate.
Public discussion was closed.
Motion: Chair made a motion to approve REZ02-00013, an application submitted by the City of Iowa City
for rezoning of
1. an 8.69-acre property located north of Highway 1 and west of Miller Avenue from High Density
Multi-Family Residential (RM-44) to Low Density Multi-Family Residential (RM-12) or Medium
Density Multi-Family (RM-20) with a Conditional Zoning Agreement
2. a 1.45-acre property located north of Highway 1 and west of Miller Avenue from Community
Commercial (CC-2) to Low Density Multi-Family Residential (RM-12) or Medium Density Multi-
Family (RM-20) with a Conditional Zoning Agreement
3. a 1.45-acre property located north of Highway I and west of Miller Avenue from Medium Density
Single-Family (RS-8) to Community Commercial (CC-2).
The Conditional Zoning Agreement will reflect the general conditions outlined in the Staff report.
The preference of the Commission is RM-20 zoning with a CZA. If that is not chosen, then an
RM-12 zoning.
Hansen seconded the motion.
Koppes said she wished to thank the property owner for agreeing to the proposed rezonings. She felt it
would be a welcome improvement to that neighborhood.
Hansen said he was glad to see the wording in their recommendation to the City Council had become
more specific. The key for him between RM-12 and RM-20 were the conditions, and the specific condition
would be not connecting to Harlocke Street. Hansen said his priority was traffic, it had been a bone of
contention with this property and what would happen in the future with it. In his opinion, Harlocke Street
was already maxed out. If traffic from any development could be directed toward Hwy I it would avoid a
lot of problems on Benton Street and in the surrounding neighborhoods in the future. Hansen said he was
very much in favor of the RM-20 with the conditions.
Freerks said with a conditional zoning agreement, they would probably have a better product in the end, a
better neighborhood and an extension of the existing neighborhood rather than with just an RM-12. She
felt the topography would drive the development as well. She thanked the property owner.
Anciaux thanked the adjacent property owners for their continued input into the discussion. They had
listened, were flexible, had seen what the RM-20 with a CZA could do, and agreed to it as well.
Bovbjerg said there had been a lot of good input from many persons, it would be good to see the property
finally developed in a way that was sensitive to neighborhoods and to the topography. She commended
Staff and the private sector for working so well together.
The motion passed on a vote of 7-0.
REZ02-00010, discussion of an application submitted by Craig Petit for a rezoning from Low Density
Multi-Family (RM-12) to Sensitive Areas Overlay Low Density Multi-Family (OSA-12) on 1.06 acres to
allow a 12-unit multi-family building located on the west side of First Avenue south of Stuart Court.
Miklo said there was a request from the applicant to defer this item until 9/5/02.
Motion: Anciaux made a motion to defer REZ02-00010 to 9/5/02. Hansen seconded the motion.
The motion passed on a vote of 7-0.
REZ02-00015, discussion of an application submitted by James D. Goss for a rezoning of approximately
6.6 acres of property from Low-Density Multifamily Residential, RM-12, to Interim Development Single
Family Residential, ID-RS, located on St. Clement's Alley south of Dodge Street.
Planning and Zoning Commission Minutes
August15,2002
Page 8
McCafferty said this application encompasses 4 properties which make up approximately 6.6 acres.
Currently, all parcels have single-family houses on them. A steep wooded ravine surrounds three sides of
the property, the ravine drains into Ralston Creek. McCafferty said Staff had researched the zoning
history of the property. In 1969, two properties located on North Summit Street to the east of this area
were rezoned from R-2, Two-Family Residential, to R-3, Three-Family Residential to allow multi-family
dwellings. Eventually, the area was completely rezoned, but Staff could find exactly when that happened.
In 1983 when the comprehensive city-wide rezoning was done, the lowest density zone that allowed a
cemetery was RM-12, so St. Joseph's Cemetery was zoned RM-12. The RM-3 property converted to RM-
12 and it was assumed the area in St. Clement's alley was also rezoned to RM-12. This rezoning was
apparently done without consideration of the lack of infrastructure necessary for RM-12 development.
Staff proposed an ID-RS zoning, a temporary zoning which "earmarks" the property for future
development when infrastructure is available. The applicant had originally applied for RS-5 zoning, but
due to significant deficiencies in terms of infrastructure, Staff has recommended and the applicant had
agreed to the ID-RS zoning. McCafferty said the proposed zone complies with the North District Plan land
use map, single-family/duplex residential. Another goal of the Plan is to retain single family character of
existing neighborhoods. She said currently the neighborhood was somewhat ad-hoc, a mix of residential,
commercial and office uses. Staff feels single family use is the most compatible with the neighborhood.
McCafferty said the most significant issue Staff identified with this property was the public infrastructure
deficiencies. Currently no public sewer services that area, three properties utilize septic sewer systems.
McCafferty said before the area could be further developed or redeveloped, public sewer would need to
service the area. The second deficiency was the condition of St. Clement's alley. Currently it is a 16-foot
wide chip seal alley that has not been improved to public street standards. It does not have sidewalks,
curbs or gutters which are required for urban standards. St. Clement's Alley dead-ends into the ravine.
Three acres of the site are steep, wooded ravines which would require a Sensitive Areas Development
Plan if the area were developed or subdivided. Once the required buffer is taken into account, only about
1.5-acres are developable. McCafferty said the property has some historic significance. It was the third
location of the Goss Brickyard. The brick house located at 1026 St. Clement's Alley was historic in nature.
~f the property were to be redeveloped, a phase one archeological study might be necessary.
McCafferty said Staff felt the RM-12 zone was not appropriate for the property. 1026 St. Clement's could
potentially be redeveloped for single-family use. If done appropriately, multi-family use of the property
was also possible. However, prior to any redevelopment or subdivision, McCafferty said a commitment to
improving the public infrastructure was necessary. A Sensitive Areas Development Plan would also be
required for redevelopment of the area. She said Staff recommended approval of rezoning from Low-
Density Single-Family Residential (RM-12) to Interim Development Single-Family (ID-RS) for 6.6 acres
located on both sides of St. Clement's Alley south of Dodge Street.
Miklo said there would be considerable expense on the part of the public or the property owner to bring
sewer and an adequate street to this property. There had been cases in the past when ID-RS zonings
had been rezoned to multi-family uses as well.
Hansen asked if the North Summit Street sewer line could be installed without a lift station. Miklo said
they would have to check with the Public Works office. McCafferty said it was her understanding from
conversations with Public Works that the sewer could be installed from North Summit Street, the longer
more difficult route due to topography in order for gravity issues to work. Sewer service could not come
from North Dodge Street.
Public discussion was opened.
James Goss, owner of property at 1039 St. Clemenrs Alley. Goss said his concerns were covered by
Staff. Septic system contaminations flow into Ralston Creek, so it is not a wise idea to keep increasing
septic systems in that area. The alley is very narrow, it is difficult to enter onto Dodge Street, traffic
congestion and the lack of services except for water were his primary concerns. Goss said development
under the current RM-12 zone would devalue his property; multi-housing would be right outside his front
living room window so he felt it would not be a good deal.
Tim Vrchoticky, 1030 St. Clements Alley, said he was concerned about what it would do to his property
value if the property were allowed to be developed. The garbage pickup truck has to back out of the alley,
Planning and Zoning Commission Minutes
August 15, 2002
Page 9
a full-sized truck cannot be used. They have trouble receiving recycle and garbage pick-ups. He said
when the house was built, it was 18-feet too Iow for sewer service from Dodge Street, and it would require
a lift station.
Kristine Vrchoticky, 1030 St. Clements Alley, said they would like the property to be rezoned as requested
until service and amenity improvements were made, they did not want additional development to occur
with the current state of the properties. Snow could not be plowed, leaf pick-up was not possible, fire
trucks could not access the area. Tim Vrchoticky said it was too much congestion for too small of an area.
Bruce Haupert, representing Don and Doris Vrchoticky, said this was clearly a family situation. Tim and
Kristine Vrchoticky were related to Don and Doris Vrchoticky. The original application, filed by Goss, was
to downzone only the 4.76 acre-tract owned by Don and Doris Vrchoticky. The original owner of the 4.76
acre tract was Don's mother, who died in 12/01. In her will she left the property to Don. During the
probate process, the property was appraised by Greg Downs. At the conclusion of the estate, the
property was conveyed to Don, the beneficiary. Don and his wife resided in Coralville, they elected to sell
the property. The listing agreement was signed on 7/22/02, on 7/25/02 the application to downzone was
filed by Goss. Haupert said since the original application was filed, the property included in the downzone
application was expanded to include the properties of the Tim and Kristine Vrchoticky, so the application
was now for 6.6-acres. Haupert said it is incorrect to characterize the area as residential; ad-hoc is more
appropriate. Community Commercial and Highway Commercial zones surrounded the RM-12 property.
The area to be downzoned was in the middle of the RMI12 zone, it did not include the properties to the
west of this tract. Haupert said this clearly appeared to be an example of spot zoning. Haupert said two
12-plex units would be of significantly more benefit to the environment than would single-family dwellings.
Much of the tract could not be built upon due to the topography of the land. Two 12-plex units would be
much more consistent with the cluster concept than would be any attempt to sandwich single-family
dwellings on this property.
Haupert said the Staff report stated the most significant reason to downzone this property was the
deficiency in public infrastructure. He said before any construction could be done, a developer's
agreement would be executed with the City which would impose the obligation upon the developer to
install the infrastructure and many more items than were listed in Staff's report. He said in his mind the
deficiency in infrastructure was no reason to support any attempt to downzone the property, it was a non-
reason. Haupert read a paragraph from Greg Down's report which said he and Rick Fosse had concluded
that the sewer system in the right-of-way for North Dodge Street was the only system accessible from the
subject site. He said there seemed to be disagreement as to where the sewer system should go. Haupert
said the historical nature of the home was in question. The applicant had torn down the companion
garage to the house, made of the same brick, last year.
Chair asked Haupert to clarify his earlier statement that this was a family issue. Haupert said the
application, initiated by Goss, was not initiated by someone living in the area that was to be downzoned.
Shannon asked if a gravity sewer could be utilized. Haupert said it could not, it would have to be a lift
station. McCafferty said she would clarify the issue with the Public Works department for the next
Commission's meeting. McCafferty said she had spoken with the Director of Public Works, generally it
was the department's preference to avoid lift stations.
Anciaux said with a 16-foot wide alley and a 24-foot wide right-of-way, the alley could not be upgraded to
local street standards without the purchase of additional right-of-way. McCafferty said that was. correct.
Hansen asked for a clarification regarding the number of protests that had been filed. McCafferty said
three had been previously filed, a fourth, filed by George Baculus had been filed late that afternoon.
Chair asked Miklo to respond to the points made about the developer's agreement and the improvements
that would be required by the City. Miklo said if a subdivision were involved, there was an opportunity for
the City to require a developer's agreement. Miklo said it might be possible for the area to be built upon
without a subdivider's agreement. That would put the City in a difficult situation. If a request for a building
permit was received and the applicant able to produce a permit from the County Health Department for
use of a septic system, Miklo said he was not sure what the City's response would be. Their preference
was to not have areas of such high density on septic systems. It might put the City in the position of
having to approve a building permit in a very undesirable situation.
Planning and Zoning Commission Minutes
August 15, 2002
Page 10
Anciaux asked how far from a sewer line could a person build without having to hook into it. Miklo said it
they were within 300 feet of a sewer line that could be hooked into, a property was required to hook into
it. Anciaux asked how far was the sewer on North Summit Street. Miklo said they would check into that
before the next meeting. Anciaux asked what would happen if there were no easements through the
property and the adjoining land owner said they could not cross his property. Miklo said either the City or
the property owner would have to acquire an easement for the property.
Hansen asked if a piece of property designated ID-RS came up for final zoning, could it only be zoned for
residential single-family purposes? McCafferty said it could potentially be rezoned to an RM zone. There
was an ID-RM zoning, but looking at the sensitive features on the property, the character of the area, the
land use map of the North District Plan. Staff felt the ID-RS zone was more appropriate.
Bovbjerg and Chait asked Staff to find information on the questions and land use percentages that had
been asked. Freerks asked if in the past 12-plexes had been placed on septic systems. Miklo said he did
not think any multifamily had been developed on using a septic system recently.
Georqe Baculus, said he owned properties on North Summit Street. He was against rezoning to single-
family. Baculus said he thought it was about time for the City to begin making infrastructure improvements
to the area. Lead pipes were still in use in the north end of the City, water pressure was lowest there.
Baculus encouraged the Commissioners to drive through the area to see what it was really like. He said
this was a family issue, it was very difficult to speak before the Commission against friends. There was
nothing historical about the area, it had all been torn down. Baculus said the north end of town had been
neglected and it was time for the City to make improvements. He had made many improvements to his
property, as had the Vrchoticky families, and he was proud of those improvements.
Public discussion was closed.
Motion: Anciaux made a motion to defer REZ02-00015, an application submitted by James D. Goss for a
rezoning of approximately 6.6 acres of property from Low-Density Multifamily Residential, RM-12, to
Interim Development Single Family Residential, ID-RS, located on St. Clement's Alley south of Dodge
Street to 9/5/02. Koppes seconded the motion.
The motion passed on a vote of 7-0.
VACATION ITEMS:
VAC02-00004, discussion of a request by the University of Iowa to vacate the 100 block of West Harrison
Street, an extended portion of West Harrison contiguous with the Front Street right-of-way, Harrison
Street west of Front Street to its termination at the Iowa River, the easterly half of the 100 block of West
Prentiss Street, and the alley in Block 5 of the County Seat Addition, subject to the creation of blanket
utilities easements where needed, as determined by the Public Works Department, and the creation of
blanket access easements over all vacated portions, except the alley in Block 5 of the County Seat
Addition.
Adam said the University of Iowa had applied for this vacation because they were making plans to
develop the area. Adam said looking at the criteria for determining the advisability of vacating a street,
both Harrison and Prentiss were not used for general traffic circulation by the City, but were used by the
University. The area was currently fenced off from use. The one private property in the area, currently
owned by the University, had no tenants. All buildings were accessible by emergency vehicles. Staff
recommended the City maintain public access easements and a blanket easement covering all of
Harrison Street down to the river. Front Street would remain in the right of way with a blanket public
access easement over Prentiss. Staff recommended the requested vacation be approved subject to the
creation of public access easements over Prentiss and Harrison Streets and utilities easements where
ever necessary.
Public discussion was opened.
Steve Lauqhlin, Shoemaker & Haaland Professional Engineers, said they were consulting engineers
working with the University on several projects in that neighborhood which included a surface parking lot
Planning and Zoning Commission Minutes
August 15, 2002
Page 11
around the Cambus garage and the ground to the north and to the west of it. The University wished to
build approximately 160 new parking stalls in that area and also pave the Cambus plaza. A second
project was the Power Plant project - the plant wished to enlarge and improve their security fence around
the facility, install a new scale and ultimately shift the primary coal truck route to Harrison Street. Laughlin
said the drawing they had presented to Staff was the same drawing they had presented to the Campus
Planning Committee approximately one month ago. One of the University's main concerns was how
would the area look to someone looking across the river from west to east. Laughlin said they had done a
lot of landscaping and buffering along the river to soften the view of the parking facility and the power
plant fencing project.
Anciaux asked Laughlin if the parking lots would be gated. Laughlin said at this time it was not planned,
just parking permits. Anciaux asked if it could be gated in the future or changed. Laughlin said it had not
been discussed to be a gated facility. Lot 11, just to the east, was a permit lot. Anciaux asked if after a
certain time of day could anyone park in those lots. Laughlin said he thought so. Anciaux said the
University had already fenced off an area that belonged to the City. Laughlin said he could not speak to
that.
Public discussion was closed.
Motion: Chair made a motion to approve VAC02-00004, a request by the University of Iowa to vacate the
100 block of West Harrison Street, an extended portion of West Harrison contiguous with the Front Street
right-of-way, Harrison Street west of Front Street to its termination at the Iowa River, the easterly half of
the 100 block of West Prentiss Street, and the alley in Block 5 of the County Seat Addition, subject to the
creation of blanket utilities easements where needed, as determined by the Public Works Department,
and the creation of blanket access easements over all vacated portions, except the alley in Block 5 of the
County Seat Addition. Anciaux seconded the motion.
Anciaux said he was still very concerned that there would not be access to the river from Prentiss and
Harrison Streets. The University had, with or without permission, already fenced off Prentiss and Harrison
Streets so there was no access to the river by the public. He said he wanted to make sure there was an
easement on Harrison and Prentiss Streets and also request the University to consider putting a walkway
along the crest of the riverbank so the general public could walk up and down the bank as compensation
for the vacated areas.
Koppes said she agreed with Anciaux. She too would like to see a walkway ail the way up and down the
river, not stopping at Burlington Street, as compensation for the vacation. She said she felt the blanket
easement was an excellent way to keep public rights there, but was concerned it would be released at a
later time.
Freerks said the blanket public access easements were important to her too. The University had done an
excellent job with the riverfront properties in the downtown area, the center of town. She said it was
important to make sure that the public had access to these areas, Anciaux had made several good points.
Chair said due to the fact that the City was getting an easement, he did not think they should ask for
anything more than that. Chair said when land was vacated, it was sold, not just given away. Chait said
the idea of getting something from the University along the river was not a bad idea but he did not think it
was relevant to vacating something that would ultimately be sold. Chair said making their comments to
Council was the appropriate way to make their request heard.
Bovbjerg said the underscoring and serious nature of Anciuax request was being made at this meeting
and could also be made quite strongly when this item came before Council so the Commission's
recommendation would be in Council's minutes as well.
Hansen said he preferred the suggestion made by Anciaux and Koppes that the City received something
solid and concrete as far as access to this area. The area was already fenced off. Each side had their
responsibility, the University for fencing it and the City for not having the fencing removed.
Behr said the pending motion was to recommend vacation subject to blanket access easements and
utility easements as necessary. The issues being discussed, such as compensation, were being recorded
in the minutes as the Commission's desires relating to compensation but it was not part of their
Planning and Zoning Commission Minutes
August 15, 2002
Page 12
recommendation. It was Council's purview as to what if any compensation would be due at the time the
property was sold. Behr said the State owned the riverbed to the high water mark. In this case, the State
owned the adjoining property. The State could limit access to it. The City would not be giving up access if
it went with the Commission's recommendation. The City would be keeping a blanket access easement
over the whole thing. In the future, if the University wanted to have the access limited, they would have to
go to the Council. Behr said he thought the Commission was making it clear in the minutes that the
motion was to keep a blanket access easement which retained access and wished that in the future the
University not unduly limit that. The Commission was also making clear that they would like some
enforcement of the access rights that they had.
Hansen said the blanket access sounded great. However, if the University blocked accesses and the City
did not remove the blockages, the public was the only party who was harmed. Without some definite
language stating access would be guaranteed, he could not vote for the motion. Behr said requiring a
blanket access easement was as definite as one could be for access rights. Hansen said the City had
access rights now, but the University had put fencing on public property. Behr said the Commission could
seek enforcement of the access rights the City now had.
Anciaux asked for a clarification, could a building or any thing could be built over the access easement
areas. Behr said that no.
Hansen asked how was this in the best interest of Iowa City? Chair said the University had proposed to
put in more parking and a buffer to the parking. Hansen asked how long would it remain parking? His own
opinion of University parking was that it was a prelude to a building.
Anciaux asked if the railroad was vacating their land there, and if so, would there no longer be tracks
there? Adam said the railroad had no current plans to abandon those tracks. In conversations with him,
CRANDIC had intimated that at some time in the future they might abandon those tracks, but that was
actually part of the next item on the agenda.
Freerks said more communication between the University, the Planning and Zoning Commission, the City
and the community would help everyone to have a single vision for proposed projects and preclude the
oft-expressed sentiment that things were done in secrecy. It would allow more input earlier in the process
and make the process easier.
Shannon said he agreed 100% with Hansen's statements. He had no confidence at all in this happening
even with easements. The City owned the property now but the University had fenced it off, with or
without permission. It was questionable if whoever gave permission for the fencing had the authority to do
so. Shannon said he had no confidence in having the easement because who was going to enforce it?
What would the City get for this vacation? Shannon said he was not comfortable voting to give up
something when he did not see it being reciprocated.
Anciaux said he did not see what the University gained by obtaining this property. Bovbjerg said it
removed it from being a City Street to being a University driveway.
Chait said he had issues with the items being discussed and the level of detail that they were being
discussed at. These issues were not relevant to the particular question at hand and did not fall under the
purview of what the Commission was being asked to do. He said the concerns were valid and he
supported them, but in the motion they were not appropriate.
Anciaux said he saw no valid reason to give up this piece of property, it was access to the river. If the City
kept the property, then they would have access to the river.
Shannon called the question.
The motion passed on a vote of 4-3. Anciaux, Hansen and Shannon voted no.
Recommendation to Council: Anciaux requested that the City Council ensure that the easement to the
river be maintained, access to the river through Harrison and Prentiss Streets be maintained,
improvements up and down the river be made, and a sidewalk be installed along the upper part of the
bank as part of the compensation for the vacation.
Planning and Zoning Commission Minutes
August15,2002
Page 13
Motion: Anciaux made a motion that the above Recommendation to Council be approved. Chait
seconded the motion.
The motion passed on a vote of 7-0.
Chair requested Adam to find out why the land was fenced off, if the City had approved the fencing of the
area and any additional details available.
VAC02-00002, discussion of a request by the CRANDIC Railway Company to vacate those portions of
Front Street and Prentiss Street indicated on Exhibit B, attached, subject to the creation of utilities
easements where needed, as determined by the Publics Works Department, and the creation of a blanket
access easement over Prentiss Street.
Adam said this vacation had been covered in detail at the 8/1/02 and 8/12/02 meetings. He said Staff
recommended the vacations as indicated on Exhibit B be approved.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Chair made a motion to approve VAC02-00002, a request by the CRANDIC Railway Company to
vacate those portions of Front Street and Prentiss Street indicated on Exhibit B, attached, subject to the
creation of utilities easements where needed, as determined by the Publics Works Department, and the
creation of a blanket access easement over Prentiss Street. Freerks seconded the motion.
Koppes said she had more concerns with this vacation because it seemed like the Commission was
cleaning up a title so CRANDIC Railway Company could selJ the land to the University. Koppes said it
seemed backward, if the University wanted to have the property vacated they should have made their
request directly to the Commission. But CRANDIC had already sold the land to the University or was in
the process of doing so. Koppes said she felt until CRANDIC had a dear title, they should not have sold
the land. It was not their property to sell.
Behr said if this land were not vacated and able to be conveyed the sale would not go through. When it
was discovered that there was a title objection, those portions of land would essentially have been put on
hold, so it was not entirely accurate to say the land had been sold. There would be a sale in process that
would not go through if the City would not vacate the land.
The motion was denied on a vote of 3-4. Anciaux, Hansen, Koppes, Shannon voted no.
VAC02-00003, discussion of a request by the University of Iowa to vacate the south 295 feet of Grand
Avenue Court subject to the creation of utilities easements where needed, as determined by the Public
Works Department, and subject to agreement by the University of Iowa that it will comply with the Iowa
City Historic Preservation Ordinance regarding the future disposition of the Cannon-Gay House, a
property listed on the National Register of Historic Properties, at 320 Melrose Avenue, which borders the
requested vacation area.
Adam said the application was initiated by the University for the development of an athletic learning
center in the area facing Melrose Avenue. The University was also currently in the process of demolishing
homes which sat on the facility site. The three general criteria which determined the advisability of the
release of a street right-of-way--circulation, private access and emergency access--had been reviewed
and met. Leola Bergmann, who owned the property at 124 Grand Avenue Court had signed a Vacation of
Street Agreement. The University had agreed to handle snow removal for Mrs. Bergmann as long as she
lived in her house. Adam had received plans from the University's architect which showed Grand Avenue
Court would be kept open to Melrose Avenue so emergency vehicles would have a through access.
Adam said an issue the Commission and the Council might wish to consider was the disposition of the
Cannon-Gay house at 320 Melrose Avenue. The house, built in 1884, was listed on the National Register
of Historic Places. The City's approval of the requested vacation would allow the redevelopment of the
neighborhood along Grand Avenue Court and along Melrose Avenue, which therefore had the potential to
affect the historic Cannon-Gay house. Adam said the City might wish condition approval of the vacation
Planning and Zoning Commission Minutes
August 15, 2002
Page 14
on assurances from the University of Iowa that it would adhere to the Historic Preservation regulations as
they applied to Iowa City Historic Landmarks.
Adam said Staff recommended approval of VAC02-0000:~, a request by the University of Iowa to vacate
the south 295 feet of Grand Avenue Court subject to the creation of utilities easements where needed, as
determined by the Public Works Department, and subject to agreement by the University of Iowa that it
will comply with the Iowa City Historic Preservation Ordinance regarding the future disposition of the
Cannon-Gay House, a property listed on the National Register of Historic Places, at 320 Melrose Avenue,
which borders the requested vacation area.
Koppes asked what would happen if Bergmann sold her property with regard to snow removal. Adam
read from the agreement which stated that as long as Bergmann personally resided at that address, the
University would provide all snow removal services free of charge. Koppes said that concerned her
because if one of Bergmann's family wanted to reside at the property or if it was sold, what would happen
then.
Koppes asked, if Grand Avenue Court was to be left open ended as it currently was, why did the City
want to vacate it if it looked the same? Adam said currently it was paved with asphalt. He assumed that
the University wanted to repave it to their own standards because it would be next to a University
structure or the University might anticipate a widening of the street in the future. It was noted on the site
plan that there would be new paving on Melrose Avenue up 295 feet.
Public discussion was opened.
Roger Worm, OPN Architects, project manager for the Athletic Learning Center. He was there to
represent Rod Lehnertz, the project manager for the University of Iowa. Worm said the vacating of the
whole Grand Avenue Court came about from the fact that the existing condition of the alley was in a state
of disrepair. It needed to be brought to a higher level of construction. As the construction of the actual
Learning Center took place, there would be more damage caused to the street. By vacating the street to
the University it would allow the University to address issues with their building construction, 1) the
contours around the building to improve site drainage and 2) handicap accessibility. The elevation of the
building had to be raised a little to evenly level the facility site. With the houses formerly sitting on the site,
it had not been possible to notice the unevenness of the land. Use of a 3-foot high retaining wall at the
north end of the property would be an alternative solution but probably not the best one. He said in
vacating a property, the burden of the expense of improving and maintaining the street was moved onto
the University. Worm said the University fully intended to leave Grand Avenue Court open for access to
Bergmann's property.
Worm said a loading dock would be located on the back side of the building. Trucks would pull off of
Grand Avenue Court to unload on the dock at the service door entrance. Anciaux asked if there would not
be the problem of trucks stopping in traffic on City streets as currently happened at the Pappajohn
building. Worm said that was correct, they would be off the street.
Freerks asked Worm to address plans for the surrounding area and the other lots. Worm said the one
remaining house would stay for the time being; parking lot 14 would temporarily stay the same, but down
the road the University planned to put a parking ramp there; the property to the east side for now would
stay the same. A residence hall was planned for the future. Freerks asked on what lots. Worm said he
didn't know as he had not been part of the master plan. Freerks said she felt uncomfortable approving
this without having someone address the plans for the future. It was unfortunate that the University could
not provide Staff or the Commission with the information. Adam said the University's project manager was
on vacation all week but it was unfortunate that the University could not give more context. Miklo said the
Commission could defer the item and request the University send a representative to the next meeting.
Koppes said she had read newspaper articles regarding this area. She felt more information from the
University was necessary.
Freerks asked Worm what was the University's position regarding the Cannon-Gay House and the
University's agreement to abide by the Iowa City Historic Preservation Ordinance standards. Worm said
could not comment on that, his project only went to the east edge of Grand Avenue Court.
Planning and Zoning Commission Minutes
August 15, 2002
Page 15
Michael Maharry, 903 College Street, City of Iowa City Historic Preservation Commission, said if the
Commission moved to approve the motion as recommended, the Cannon-Gay House would be
preserved if the guidelines were followed. It should not be demolished because it was on the National
Register of Historic Places. Maharry said the house was called the Cannon House from Mr. W. D.
Cannon, born in 1840, and was believed to be the first European settler born in Johnson County. The
house added historic, cultural and architectural value to the City of Iowa City. Chait asked if compliance
with the local and national State historic guidelines had anything to do with whether the house was
located on a public street or not. Miklo said the Historic Preservation regulations specified that any
exterior alteration or demolition of that building would require approval by the Historic Preservation
Commission. It might be possible that the University could make a case and convince the Historic
Preservation Commission that the house should be demolished. The final say was by the Historic
Preservation Commission unless it was appealed to City Council. Miklo said the purpose for Staff's
recommendation was because the alley vacation broadened the possibility for redevelopment of that
entire neighborhood. That was why Staff saw a nexus for putting a condition on the vacation. Freerks said
she felt it was important to put this in the public record to ensure the structure would remain in its present
state and location.
Michaelanne Widness, 609 Melrose Avenue, a member of the Historic Preservation Commission, said
she came to speak as a member of the Melrose Avenue neighborhood. She was the Chair of the Melrose
Neighborhood Association from 1993-1995 when the widening of Melrose Avenue had been proposed.
The Neighborhood Association had had many conversations with the University and obtained copies of
many University documents including the Campus Plan and the Athletic Facilities Plan. Widness said in
1993-94, the language in the Campus Plan regarding Melrose Avenue Court when all the properties were
acquired was, "Melrose Avenue Court will cease to exist." Widness said last spring she spoke with Phillip
Jones regarding the University's plans for the Cannon-Gay house. The two options were to move it or
demolish it. Wiriness said demolishing the house was an option being considered by the people who had
the power to do so. She felt it was very important that if the motion to vacate were forwarded to Council,
that the condition requiring the University to comply with the Historic Preservation Ordinance be attached
to it.
Widness said there were three houses on the National Register of Historic Places in less than a half-mile
stretch of Melrose Avenue. Widness said she believed all of the houses required as much protection as
they could possibly get because she felt in the not to distant future, that would be all that remained of the
original Melrose Avenue. Melrose Avenue was in the neighborhood that the University had targeted for its
future growth and development, an unenviable position to be in. The University was hemmed in on the
other three sides. Widness said in 1993/94 University Officials told her the University really did not have
plans to go any further west on the south side of Melrose Avenue, past Melrose Court. Since that time the
University had quietly and behind the scenes steadily acquired property all along Melrose Avenue. She
said with this property it was possible to draw a line in the sand against the University. Widness said the
Commission needed to exercise their power in this situation. The house was unique in its combination of
setback from the street and its footprint. It was an L-shaped property, part of the "L" ran along the west
side of the house and it had a very deep front yard. When a person stood on the front porch of the
Cannon-Gay house and looked south across Melrose Avenue, it was possible to imagine what Melrose
Avenue had originally looked like. The west side of the house shielded the view from all development
around the house. The porch view of two handsome early twentieth-century homes conveyed a strong
sense of time and place which was what historic preservation was all about. She said the City had a very
few of these historic homes left. Widness encouraged the Commission to do what ever they could to
make sure the Cannon-Gay House stood there for many years to come. She asked the Commission to
take the ordinance requirement one step further, to include a restriction as to what the University could do
to the lot. The University had a record for turning yards of homes they acquired into parking lots. Currently
this restriction was not part of the City's ordinance. Widness said doing anything to the front yard of the
Cannon-Gay House would destroy its character as surely if the porch were torn off or the second story
were removed.
Hansen asked what in Historic Preservation regulations could prevent the University from moving the
house? Miklo said the preservation regulations required the Commission approve any type of building
permit. A moving permit would be required, so the Preservation regulations would address that. Hansen
asked if they also addressed the land the house sat on. Miklo said if a permit was required, the
regulations would address that, but right now no permit was required for paving. Freerks asked if the
Planning and Zoning Commission Minutes
August 15, 2002
Page 16
University was not required to meet the City's regulations regarding parking in a front yard. Adam said
that was correct.
Jackie Bri~l,qs, 714 N. Johnson Street, Director of Friends of Historic Preservation, said she wished to
encourage the Commission to condition the approval to ensure that the vacation did not contribute to any
sort of destruction of the house or to the property. The City had just finished celebrating a week about
Irving B. Weber, who had written extensively about the house in 1984 in his columns. Briggs said in
Weber's honor and memory she would encourage the City to continue to celebrate Weber's history and
his love for older homes and properties. She said the house was the last of its style and it deserved to be
protected.
Public discussion was closed.
Anciaux asked if the University had to follow City building or zoning codes. Miklo said they were exempt
from them. Preservation regulations were a zoning overlay. Anciaux asked if the University had to comply
with the Iowa City Historic Landmark regulations. Miklo said there was some question of that. The
University would have to comply with the National Register, but there was very little regulation associated
with the National Register designation unless there were federal funds involved. Miklo said there had
been cases in Iowa where the Courts had ruled that government bodies that were exempt from zoning
regulations still had to comply with preservation regulations. By putting this condition on, the City would
be assuring that there would not be a question if the University had to comply with those regulations.
Anciaux asked if the University had to obtain a demolition permit. Miklo said he was not sure.
Chair asked if Staff had talked with the University regarding the City's desire to have some measure of
reservation on the Cannon-Gay House. Adam said he had sent the University the Staff report but they
had not responded yet.
Freerks said she would prefer to have Staff look into lot restrictions, regulations about sidewalks and
trees and report back to the Commission at their next meeting. She would also like to have a University
representative present to explain what their future plans for the area were.
Behr said the applicability of the building and zoning codes to the University was somewhat of an
unresolved or at least a disputed question. What was being recommended by Staff was that in this
instance the University agree to be bound by the HPC regulations as to the Cannon-Gay Home. Behr
said the Commission could articulate additional things, tied to land use, that they wished the University to
be bound to or defer the item and have Staff work on additional language conditions.
Bovbjerg asked if the word "grounds" could be inserted into the suggested language which would read
"regarding the future disposition of the Cannon-Gay House and grounds." Adam said the Secretary of the
Interior had standards for the grounds around historic properties. Staff could add "subject to the treatment
of the grounds complying with the Secretary of the Interior's standards for historic properties." Freerks
asked who would the University address if they wanted to have something taken care of. Miklo said Staff
would have to structure a covenant that would require the Historic Preservation Commission to review
activity on the site.
Motion: Anciaux moved that VAC02-00003 be approved subject to the additional language and
conditions as discussed by the Commission. Bovbjerg clarified, VAC02-00003, a request by the
University of Iowa to vacate the south 295 feet of Grand Avenue Court subject to the creation of utilities
easements where needed, as determined by the Public Works Department, and subject to agreement by
the University of Iowa that it will comply with the Iowa City Historic Preservation Ordinance and subject to
the treatment of the grounds complying to Secretary of the Interior Standards for historic properties, for
the Cannon-Gay house, a National Register-listed property, at 320 Melrose Avenue, which borders the
requested vacation area.
Behr asked for a general discussion of those standards so the Commission had some level of
understanding of the standards which were being imposed upon the property. Miklo said they were
generally the same standards that the Historic Preservation Commission applied to buildings which tried
to keep the historic character to the extent possible which would mean not putting a parking lot in the front
yard but keeping the lawn or landscaping.
Planning and Zoning Commission Minutes
August 15, 2002
Page 17
Freerks said she hoped the University understood that the community really cared about its history and
preserving what was left. She hoped that in the future the University would understand the importance
that the community placed on historic preservation.
Hansen called the question.
The motion passed on a vote of 6-1, Shannon voted no.
Chair requested that Staff keep the Commission apprised as to the discussions back and forth, the
University's response, etc.
Miklo asked Shannon to state for the record his reason for voting no. Shannon said he would do anything
to save the Cannon-Gay House. He predicted regardless of what stipulations or conditions were placed in
the vacation, the house would be seen heading for the dump in the not too distant future. Shannon said in
view of that he did not feel the Commission should give up anything, he did not have any confidence in
any resolutions/conditions placed on the vacation. He would like to see the house saved. He did not see
giving away any part of the street because soon the other part would go too. Shannon said if he thought
the Commission could get somewhere with conditions, he would vote to approve but he did not see that
happening.
CONSIDERATION OF THE AUGUST 1, 2002 MEETING MINUTE~:
Motion: Hansen made a motion to approve the meeting minutes as printed and corrected. Koppes
seconded the motion.
The motion passed on a vote of
OTHER:
Miklo said Howard had assumed the position of project manager for the City Code rewrite. John Adam
had been hired on a temporary 1-year basis to relieve Howard from her regular duties and to assist with
the Code rewrite.
ADJOURNMENT:
Hansen made a motion to adjourn the meeting at 11:02 pm. Koppes seconded the motion.
The motion passed on a vote of 7-0.
Jerry Hansen, Secretary
Minutes submitted by Candy Barnhill
shared on c~tynt/pcd/min u [eslp&2Jp&z08-15-02.d~c
FINAL/APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES - July 9, 2002
CALL TO ORDER Chair John Stratton called the meeting to order at 7:00 p.m.
ATTENDANCE Board members present: John Stratton, Bill Hoeft, Loren Horton, Bev
Smith (7:10), John Watson. Legal Counsel Catherine Pugh, Staff Marian
Karr. Also in attendance was Captain Tom Widmer of the ICPD.
Members of the public also in attendance were Brandie Siebel and Molly
Meng.
CONSENT
CALENDAR Motion by Horton and seconded by Hoeft to adopt the consent calendar as
amended.
Stratton had two amendments to page 3 of the June 11 minutes. Under
"Board Information" delete the last sentence of the first paragraph; and
under "New Business - Annual Report" add the words "for statistical
purposes" to the last sentence of the first paragraph. Watson had one
amendment on page 1 under "Old Business - PCRB Video" where it states
"Watson suggests offering the video." He thought this implied that the
Board was giving the videos away when he meant offering to show the
video. The sentence was changed to: "...suggested through a mailing to
offer to show the video."
· Minutes of the meeting on 06/11/02
· ICPD Quarterly Report/Summary Report - Quarter 2 - 2002
· ICPD Use of Force Report - May 2002
Motion carried as amended, 4/0, Smith absent.
OLD BUSINESS
· PCRB Annual Report
Motion by Hoeff and seconded by Horton to accept the report.
Motion carried, 4/0, Smith absent.
· PCRB Video Cost Update
Karr clarified that the total project cost of $1,365 was discounted to
$682.50 and then cut by half as a result of permission given to Channel 4.
The final cost is only $341.
NEW BUSINESS
· NACOLE Membership Renewal
Stratton stated the Board's year of free membership to NACOLE is almost
up and noted the invoice included in the packet for the coming year.
Currently the Board pays $100 a year as an associate member. Stratton
PCRB-Page 2
July 9, 2002
noted the NACOLE articles are scanned into the City Clerk's office
computer and can be accessed by the Internet. Hoeft stated that he reads
through the items, but he doesn't see the benefit. Stratton stated that the
clipping service helps to inform the Board about the concerns around the
country and it can give the Board insight as to what is going on. Stratton
said that they also have a list of organizations like the PCRB that they may
want to contact in the future for information. The Board deferred a
decision on renewal of the membership to the next meeting. In this time
they will explore the web site and see what other things membership
provides.
PUBLIC
DISCUSSION No public discussion.
MEETING SCHEDULE
Stratton said they will only meet for the August meeting if the recent
complaint would be ready to be reviewed. Widmer did not expect the
complaint to be fully investigated by the Department by that time. The
Board decided to leave the August meeting open and then cancel a week
prior if no new business comes up.
· August 13, 2002, 7:00 P.M., Lobby Conference Room
· September 10, 2002, 7:00 P.M., Lobby Conference Room
· October 8, 2002, 7:00 P.M., Lobby Conference Room
· November 12, 2002, 7:00 P.M., Lobby Conference Room
BOARD
INFORMATION
Hoeft had a baby boy, William Phillip, on May 18. Also Hoeft is 95% sure
that they are going to build a house in Coralville to be completed in the
spring. Stratton said that the ordinance does not require that the person
with police experience be from Iowa City. Kart said that it allowed
flexibility and she would report back.
Horton will not be able to attend the October meeting.
Stratton may not be able to attend the November meeting.
In response to Smith, Stratton clarified the cost of the video to the Board is
$341 - one quarter of the cost instead of one half.
STAFF
INFORMATION No Staff information
ADJOURNMENT Motion for adjournment by Horton and seconded by Hoeff. Motion carried,
5/0. Meeting adjourned at 7:20.