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HomeMy WebLinkAbout1997-04-08 Bd Comm minutesMINUTES IOWA CITY AIRPORT COMMISSION THURSDAY FEBRUARY 13, 1997 - 5:45 P.M. IOWA CITY TRANSIT FACILITY MEMBERS PRESENT: Howard Horan, Richard Blum, John Penick Rick Mascari MEMBERS ABSENT: Pat Foster STAFF PRESENT: Eleanor Dilkes, Ron O'Neil CALL TO ORDER: Chairperson Horan called the meeting to order at 5:46 p.m. quorum was present. A APPROVAL OF MINUTES: The minutes of the January 23, 1997, meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Mascari made a motion to approve the bills. motion. The motion was approved 3 - 0. Penick seconded the PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: No comments were received. ITEMS FOR DISCUSSION/ACTION: a. Rain collection project - University of Iowa - Anton Kruger presented information on a proposed project to set up a network of rain gages at the Airport. The experiment would set up 16 stations around the Airport to measure rainfall consistency over a fixed area. The stations would transmit data to a central station, which would transmit the data to the Institute of Hydraulic Research. The Commission had several questions concerning the stations. Penick noted that maintenance questions would need to be answered. Who would be responsible for mowing around the stations and would they interfere with snow removal ? Mascari said the broadcast frequencies would have to be approved to make sure they did not interfere with aviation broadcasts° There were also questions raised concerning the height of the stations. Kruger said funding for the project is coming from a grant and the grant has been approved. The original grant would pay for the purchase and installation of the equipment. The University would maintain the project indefinitely. The Commission directed O'Neil to work with Kruger to see if there are areas on the Airport that would be suitable for locating the rain gages. A diagram of exact locations will be presented to the Commission and if the locations do not conflict with FAA standards, a land use agreement will be negotiated. A public hearing may be required for the land use agreement. bo Land acquisition and easements - consultant contract - Dilkes said she is working on the contract for ACSG. FAA regulations require a review of the proposed fees. She said that a review of ACSG's fee proposal should be completed in two weeks° She hopes the review will be completed and the Commission can have this on the Council agenda for the March 3 and March 4 meetings. A special Commission meeting will be scheduled to approve the contract before the Council meeting. Co Gordon Aircraft - HLM subleases hangar # 35 to Gordon Aircraft. HLM has expressed interest terminating the lease and have it assigned to Gordon° O'Neil said that if the HLM lease is terminated, the fuel tank HLM installed by the hangar becomes the property of the Airport. This is one of the details that needs to be worked out if there is a change in primary tenants. Dilkes said that it would be possible to assign the lease to Gordon and still have HLM responsible if Gordon Aircraft were to default on the lease° Horan said he would have no objection if HLM agrees to assign the lease to Gordon, but HLM would retain ultimate responsibility for the lease. Scott Hansche, from HI=M, said he would discuss the issue with HLM's attorney° Dennis Gordon said he would like to build an addition to the building he subleases from HLM. O'Neil said there are some complications with adding on to the building because it is in the flood plain. There was a discussion on the best way to meet the flood plain requirements. O'Neil said it may be possible to apply to the Corp of Engineers for a revision of the flood plain map. This would reduce the building costs. O'Neil will contact the Corp of Engineers to see what the application process is for a flood plain revision. Blum said a lease would have to be signed that would be long enough to pay for the addition. This would mean a commitment from HLM or Gordon Aircraft. HLM has five years remaining on the original lease. Corporate hangar buildings - O'Neil said there are two different projects pending. One is an 80' by 80' hangar and the other is 100' by 100' building. Aviation Management, Inc. (AMI) is interested in the 80' by 80' hangar. O'Neil said a copy of the proposed lease is in the Commission's packet. The only part of the lease left to determine is the monthly rent° AMI is willing to commit to a seven year lease. There is also an option for 2 five year extensions. O'Neil said he discussed funding with Don Yucuis. O'Neil included a chart in the packet. The Commission should decide how many years they want to amortize the building. Blum said he thought 20 years was a fair schedule. Penick said he thought the building should be amortized over a 15 year period. He thought 20 years was too long. Mascari said he thought AMI should be charged a fee for operating at the Airport, in addition to leasing the building. Blum suggested offering AMI a lease for $ 2400 per month, with a minimum lease of seven years. AMI would be responsible for the utilities. Horan and Penick will meet with AMI to discuss the lease° Blum made a motion to set a public hearing for March 13~ 1997, on the lease° Penick seconded the motion and it was passed 4 - 0. O'Neil will publish the notice for the public hearing. ICFS has expressed interest in the 100' by 100' hangar. Jones, from ICFS, said his business would be interested in leasing the hangar if the rent was amortized over a 20 year period. Horan and Penick will work with ICFS to see if a lease can be developed. e. Iowa City Landscaping lease - O'Neil said ICL leases 3.6 acres on a one year lease. The lease expires on March 31, 1997. O'Neil said the Commission could either renew the lease for a year or continue without a lease on a month to month basis. Because the Commission is getting ready to develop the north area, they may not want to make a commitment for a full year. Blum said he was concerned with the lack of security by ICL. He said he has observed the gates open and no one in the area. This allows unrestricted access to the north part of the Airport. Blum said it is part of the lease that the gates are supposed to be kept locked when no one is around. ICL has been told in past years that keeping the area locked up is a priority° They assured the Commission that they would keep the area secured. Penick made a motion to let the lease expire and lease on a month to month basis. Mascari seconded the motion. After some discussion, the motion was withdrawn and the Commission directed O'Neil to contact ICL and explain the lease would not be renewed, This area will be incorporated into the plan to develop the north area of the Airport. f. North commercial area - O'Neil said there is interest in developing the area. Several firms have expressed interest in doing the engineering study. O'Neil said he has been contacted by a developer who is interested in leasing the entire area. There was discussion about relocating the threshold for Runway 17o This would put the Runway Protection Zone on Airport property and open up the entire north area° The Commission directed O'Neil to see if shortening the runway would affect the VOR approach. Jim Larew, from the Iowa City Science Center, said he was still interested in having the Science Center located in the north area at the Airport° There are other cities interested in building projects similar to what his group would like to do. He would like a commitment as soon as possible so he can start fund raising. g. Fly-in Breakfast - August 24 - O'Neil said Blum requested this be on the agenda° Mascari made a motion to hold the fly in on August 24 and invite Sertoma to provide the breakfast. Penick seconded the motion and it passed 3 - 0, with Blum abstaining. h. Airport entrance and building signs - Blum suggested the Commission have a contest to design the new entrance sign. The Commission agreed with the idea. Blum and Mascari will bring a proposal back to the Commission, including criteria for the contest. CHAIRPERSON'S REPORT: Horan received honorable mention in the national ASOS photo contest. COMMISSION MEMBERS' REPORTS: Blum said he attended an IPAA board meeting in Des Moines. The IDOT "Iowa in Motion" plan was discussed and what it's impact would be on aviation. The plan calls for reducing the number of airports eligible for any substantial state funding from 114 to 33. The level 3 and 4 airports would only be given funding for projects involving preservation° Mascari said he flew into the newly reopened Meigs Field. reopened for 5 years° It is ADMINISTRATIVE REPORT: Dilkes said the Commission will need a special meeting to accept the ACSG contract before the March 3 Council meeting. O'Neil said the Commission needs to keep on track for developing the five year strategy plan for the Airport. He said there are several projects that need to be addressed, including minimum standards, the Airport Aircraft Emergency Plan, developing the north area, hangar construction, Airport Terminal renovation, etco There is a memo in the packet from Dale Helling, Assistant City Manager, concerning development of a new Public Works site. O'Neil included part of the 1996 Airport Sufficiency Report in the Commission packet° This report rates safety and service issues at all Iowa airports. SET NEXT MEETING: The next regular meeting is scheduled for March 13, 1997, at 5:45 p.m. ADJOURNMENT: Blum moved to adjourn the meeting. Penick seconded the motion and the meeting adjourned at 8:52 p.m. COUNCIL (LISA,SINGLE SIDED) MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 12, 1997 -4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt, William Haigh MEMBERS ABSENT: None STAFFPRESENT: Sarah Holecek, Scott Kugler, Melody Rockwell, Traci Howard OTHERS PRESENT: Kevin Kidwell, John Cruise, Greg Apel CALL TO ORDER Chairperson Eckhardt called the meeting to order at 4:35 p.m. ROLL CALL Rockwell called the roll of the Board members. All five members were in attendance. CONSIDER THE FEBRUARY 12, 1997, BOARD MINUTES Haigh moved to approve the February 12, 1997, Board minutes. Bender seconded the motion. The minutes were unanimously approved as printed. SPECIAL EXCEPTION ITEMS EXC96-0023. Public hearing on a request submitted by Kevin Kidwell and John Cress for a 60-day extension of a September 11, 1996, Board of Adjustment decision to permit a filling station a'nd one-bay car wash, and for an amendment to the decision to allow the car wash to be relocated on the site for property located in the Neighborhood Commercial (CN-1) zone at 370 Scott Court. Rockwell said that on September 11, 1996, the Board of Adjustment approved a special ex- ception to permit a convenience store and one-bay car wash at 370 Scott Court. The appli- cants felt they needed more time to clarify construction details, and submitted a 60-day extension request so that they would be able to get an approved building permit prior to the expiration of the Board's decision. Subsequently, the applicants submitted an additional re- quest to change the location of the car wash from the north side of the lot to the Scott Boulevard side of the convenience store building. The Board is being asked to consider a two-part request: 1) a 60-day extension of its September 11, 1996, decision, and 2) an amendment to the September 11, 1996, decision. Concerning the extension request, Rockwell noted that the September 11, 1996, approval by the Board of the convenience store/one-bay car wash was subject to a number of conditions intended to make the intensive commercial use more compatible with the sur- rounding residential neighborhood. Rockwell said the applicants have worked to achie~/e site compliance with the conditions set forth by the Board in September, but are requesting a two-month extension of the Board's decision to allow time for site plan revisions and to meet building permit approval requirements. II45' Iowa City Board of Adjustment March 12, 1997 Page 2 Rockwell said local circumstances and code requirements have not changed in any appre- ciable way to alter the Board's findings of fact and conclusions of law in granting approval on September 11, 1996, of the four gas pump islands and the one-bay car wash for the 370 Scott Court property. Staff views the request for a 60-day extension to be a reasonable one. In looking at the car wash relocation, Rockwell noted that instead of having a detached car wash on the north side of the lot, the applicants propose to construct the car wash adjacent to the east wall of the convenience store that faces Scott Boulevard. Rockwell said staff welcomes this proposed change because the site can be visibly improved and made more compatible with its residential neighbors by incorporating more green space, reducing the amount of paving and creating a more interesting east wall with windows facing Scott Boulevard. She said staff recommends some conditions to assure that the proposed ameni- ties associated with the car wash relocation are implemented. The applicants have also dis- cussed the possibility of putting in a walkway from Scott Boulevard to Scott Court along the north boundary of the property. If this should happen, staff would like to see a minimum, five-foot wide planted area between the car wash stacking spaces and the sidewalk along the north boundary to provide a buffering separation between pedestrians and vehicular traffic. Rockwell said staff recommends that EXC96~0023, a September 11, 1996, decision of the Board of Adjustment approving a special exception to permit four gas pump islands and a one-bay car wash, be extended 60 days to May 30, 1997, and that the decision be amended to allow the car wash to be located adjacent to the east wall of the convenience store, sub- ject to the applicants 1) installing windows on the east wall of the car wash, 2) lengthening and fully landscaping the planting area located on the west side of the car wash entry drive to demarcate a separation between the car wash drive and other convenience store traffic, 3) minimizing paved areas and maximizing planted areas equal to or above what is shown on the site plan date-stamped March 6, 1997, and 4) if a sidewalk is installed along the north boundary of the property, providing a minimum, five-foot wide planting area between the sidewalk and the car wash stacking spaces. Rockwell noted that she received only one informational inquiry from a neighboring property owner. Brandt asked if all of the original conditions remained from the previously approved application. Rockwell said yes, those conditions had been recorded with the property. Haigh asked why there was no sidewalk along the south property edges. Rockwell said sidewalks are shown along Court Street and Scott Court on the site plan; they are required as a condition of the Board's September 11, 1996, approval of the convenience store/car wash. Public hearing: Kevin Kidwell, one of the applicants, made himself available for questions from the Board. Eckhardt asked if the third condition, "minimizing paved areas and maximizing planted areas equal to or above what is shown on the site plan..." was necessary. Rockwell said it was necessary, because plans do change. If the changes are not substantial, the applicant is not required to go back to the Board. She said staff wants to assure that the amount of green space shown on the March 6 site plan will be retained. Bender asked about the status of the proposed sidewalk along the north lot line, and if the applicants have any problems with the suggestions by staff for the minimum five-foot wide planting area. Kidwell said they would like to put the sidewalk in, but it will depend on the grade on the property. He said they think having the planting area is a good idea. Iowa City Board of Adjustment March 12, 1997 Page 3 Brandt commended the applicants for following up on the previous recommendations, and working to make the site plan more compatible with the surrounding residential neighbor- hood. Kidwell said that putting the car wash on the east side of the convenience store helped. He said the reason there are no windows on the east side of the convenience store is that it is the area of the building where they needed cooler space, and they could not put windows on that side. By relocating the car wash on the east side of the convenience store, it advertises the car wash and improves appearance of the building. Public hearing closed. MOTION: Haigh moved to approve a 60-day extension to May 30, 1997, of EXC96- 0023, a September 11, 1996, decision of the Board of Adjustment approving a special exception to permit four gas pump islands and a one-bay car wash, and to approve an amendment to the decision to allow the car wash to be located adjacent to the east wall of the convenience store, subject to the applicants 1) installing windows on the east wall of the car wash, 2) lengthening and fully landscaping the planting area located on the west side of the car wash entry drive to demarcate a separation between the car wash drive and other convenience store traffic, 3) minimizing paved areas and maximizing planted areas equal to or above what is shown on the site plan date-stamped March 6, 1997, and 4) if a sidewalk is installed along the north bound- ary of the property, providing a minimum, five-foot wide planting area between the sidewalk and the car wash stacking spaces. Brandt seconded the motion. Haigh said this proposal is an improvement over the exception approved in September. The building combination of this proposal is much more esthetically pleasing and meets all the requirements of the code. He said it will be a nice addition to the area. Brandt agreed with Haigh's comments and said he appreciated the fact that the builders have worked to be compatible with what this area is zoned for. Bender also agreed, and noted that there are no substantial changes altering the Board's decision to grant the extension. She commended the applicants for a more pleasing revised site plan, and said the new plan is a great enhancement over the original. She stated the change in the facade of the new wall is more in keeping with the surrounding residential neighborhood. Eckhardt also agreed, and noted that the building consolidation conserves space and makes the site more pleasing. The motion carried on a vote of 5-0. EXC97-0003. Public hearing on an application submitted by Boyrum Partners for a special exception to permit an auto and truck oriented use on property located in the Community Commercial (CC-2) zone at 1410 Waterfront Drive. Kugler said that this application is for a special exception to permit an eight-bay Car-X muf- fler and brake shop at 1410 Waterfront Drive. Part of this site will occupy the recently vacated portion of Waterfront Drive, which the city has not yet disposed. This will need to be acquired by the applicant prior to a site plan being approved. Waterfront Drive was vacated in January 1995 as a result of a City-initiated action to reduce traffic congestion in the area, specifically at the intersection of Gilbert Street and Waterfront Drive. The new Hy-Vee and the potential for a significant increase in traffic was the impetus for that vacation. Iowa City Board of Adjustment March 12, 1997 Page 4 Kugler said the Board may grant relief from the requirements of the Zoning Chapter by special exception if the action is considered to serve the public interest and is consistent with the intent of the Zoning Chapter. The intent of the CC-2 zone is to provide for major business districts to serve a significant segment of the total community population. Staff feels the proposed use at this location is an appropriate use for the CC-2 zone, and if constructed in an attractive manner, will likely compliment the automobile-oriented nature of this particular business district. Kugler said the applicant must demonstrate that there is sufficient area on the site for off- street parking. This development would require 21 parking spaces, and the site plan submit- ted with the application shows 26 spaces will be provided. Assuming that the applicant pur- chases a portion of the vacated right-of-way of Waterfront Drive, there will be sufficient area on the site to meet the off-street parking requirements. Kugler said staff is concerned about the appearance of the property in this highly visible CC-2 zone, and access issues. Kugler said if this special exception is approved, staff recommends that it be subject to the building substantially conforming with the general de- sign of the submitted examples. Specifically, the outer walls should be constructed primarily of brick, as proposed by the applicant, and a row of evergreen shrubs, spaced no more than four feet apart on-center should be planted at the north end of the site to screen the parking area, since it is visible from an important entryway into Iowa City. With regard to access, Kugler said the main ingress and egress to the property would be from Waterfront Drive to the west and through the Carlos O'Kelly's parking lot. The parking lot will be shared with Carlos O'Kelly's. The applicant would like a one-way egress to the south of the property onto the remaining portion of Waterfront Drive, because he feels it would benefit all of the parties involved. Staff disagrees with that and feels that there should be no vehicular access from the north segment of Waterfront Drive to the south, whether it be through the Carlos O'Kelly's parking area or the proposed muffler and brake shop site. Kugler noted that Waterfront Drive was closed to through traffic to address the traffic con- gestion at the intersection of Gilbert Street and Waterfront Drive. Due to its proximity to Highway 6, Gilbert Street traffic conflicts with traffic turning into and out of Waterfront Drive. A passageway being opened again to the properties to the south would allow cut-through traffic from the Hy-Vee store and other traffic generators south of this area and result in an increase in the volume of traffic using the Waterfront Drive and Gilbert Street intersection. This is what the city was trying to avoid by closing this portion of Waterfront Drive. Staff recommends that there be no access to the south, and that a six inch curb be incorporated into the southern end of the parking area and other paved areas at the south side of the site to prevent any through traffic route from occurring. Kugler noted that a curb would be re- quired anyway, but staff wanted to emphasize how important it would be on the south side of the property. Kugler said staff recommends that EXC97-0003, a special exception to permit an auto and truck oriented use in the Community Commercial (CC-2) zone at 1410 Waterfront Drive, be approved, subject to: 1) the outer walls of the structure being constructed predominately of brick, 2) evergreen shrubs, spaced no more than four feet apart on-center being planted to screen the parking area at the north end of the site, 3) no vehicular access being provided between the two portions of Waterfront Drive, and 4) a six inch (6") curb being incorporated into the paved area at the southern end of the site to prevent vehicular access to any prop- erties to the south. Iowa City Board of Adjustment March 12, 1997 Page 5 Brandt asked where the applicants proposed to have an access drive on the south portion of the property. Kugler said it is not shown on the site plan, but he thought the applicants would like an access along the south property line to either Waterfront Drive or other park- ing areas. Some of the parking spaces would have to be taken out to do this. Eckhardt asked about the configuration of the current Carlos Q'Kelly's parking lot. Kugler pointed it out on the site plan. She asked about the centerline of Waterfront Drive. Kugler showed where the road is and where it connected on the site plan. Eckhardt asked if there would be a problem completing construction since the City is putting a sewer through that area. Kugler said that he was not sure about the timeline for that project, but he thought the ef- forts would be coordinated. Holecek noted that sewer construction is being done in coordi- nation with area property owners, so they are aware of the timing issues. Kugler noted that the sewer was scheduled to be on-line before December 1997, so there would only be a small time extension needed, if any. Public hearing: John Cruise, attorney, said he was available to answer questions for applicant Bob Boyd, and said the applicants, Bob Boyd and John Rummelhart, Jr., have accepted the staff conditions recommended for the application. They believe that all the sewer work under the property has been completed. Haigh asked when the muffler and brake shop construction project would start and noted the exception is valid for six months unless construction begins before then. Cruise said with Board approval granted today, the project would begin in late spring/early summer of this year. Public hearing was closed. MOTION: Bender moved that EXC97-0003, a special exception to permit an auto and truck oriented use in the Community Commercial (CC-2) zone at 1410 Waterfront Drive, be approved, subject to: 1) the outer walls of the structure being constructed predominately of brick, 2) evergreen shrubs, spaced no more than four feet apart on center being planted to screen he parking area at the north end of the site, 3) no ve- hicular access being provided between the two portions of Waterfront Drive, and 4) a six inch (6") curb being incorporated into the paved area at the southern end of the site to prevent vehicular access to any properties to the south. The motion was sec- onded by Corcoran. Brandt noted that this is a reasonable special exception project, and since it is primarily a business area, no residential areas will be adversely affected. It will make good use of a lot that has been vacant for some time. He said he appreciated the fact that the applicant is willing to accept approval with the conditions recommended by staff. Corcoran endorsed staff's recommendation of denying vehicular access to the south. She cited some instances of cut-through traffic and traffic congestion that could occur if that condition were not in place. Haigh also agreed, and noted that the project should be a nice addition to the area. Bender said this type of establishment is appropriate for a CC-2 zone and meets the spe- cific standards for parking. She saw no safety concerns, and agreed with the staff recom- mendation to deny vehicular access to the south. She said the condition takes care of the Iowa City Board of Adjustment March 12, 1997 Page 6 concern about cut-through traffic. She noted that the example of the building to be con- structed on this site indicates the upgrade of the property that will occur as a result of this project. Eckhardt supported the special exception request subject to staff's recommendations. She said traffic in this area makes it difficult to drive in this area now. She agreed there should be no connection to the south. She noted that it is a well-designed plan. The motion carried on a 5-0 vote, EXC97-0004. Public hearing on an application submitted by Under-A-Grand Used Auto, on behalf of property owners, Gerry Ambrose and Greg Apel, for a special exception to permit an auto and truck oriented use on property located in the Community Commercial (CC-2) zone in Wardway Plaza at the southwest corner of Highway 1 and Riverside Drive. Kugler noted that the applicant, Jerry Vest (Under-A-Grand Used Auto) was no longer in- volved, but the property owners, Gerry Ambrose and Greg Apel, wish to go ahead with the special exception in hopes that someone else will want to lease the space for a small used car lot. The application requests a special exception to establish a used car sales lot and office on the southwest corner of the Wardway Plaza property. The sales office is proposed to occupy a small portion of the former Montgomery Wards auto center at the west end of the existing building. Due to concerns about auto and truck oriented uses within the CC-2 zone, the Board's review of this item should consider the compatibility of the use with adjacent properties, the potential traffic circulation problems and aesthetic concerns for the specific, requested special exception. Kugler noted that staff feels the application generally conforms to the general standards for granting a special exception. The proposed use is a relatively low-profile operation that will not be highly visible by the general public, it will not have a large impact on adjacent proper- ties, and there are no changes in access to the property. Kugler noted that no site plan had been submitted to sta~ff as of the meeting time, but in reviewing past site plans, there appear to be sufficient numbers of excess parking spaces to meet the requirements of the used car lot development. This has to be documented by the applicants/property owners at the time of site plan approval. Kugler said that staff recommends that EXC97-0004, a special exception to allow an auto and truck oriented use, specifically a used car sales lot with an approximate 500 square foot office space, to be established on property located within the CC-2 zone in Wardway Plaza at the southwest corner of Highway 1 and Riverside Drive, be approved. Kugler noted that the yellow area on the overhead transparency of the site plan represents the car display area, and the red space represents the office space. Haigh asked where the entry way is compared to that of the Jack's building. Kugler pointed it out on the transpar- ency and said that one would have to go through Jack's parking lot to get back to the used car business. He noted that Jack's uses a portion of the property for their outdoor display, but an agreement can be made between the property owners to ensure access to the used car business. Haigh asked if the office was already constructed. Kugler said the building is existing and vacant, but will require work to convert it to office space. The applicant might be able to give more information about the office space. Iowa City Board of Adjustment March 12, 1997 Page 7 Public hearing: Greg Apel, applicant, noted that the office site is one large, open area. He said they are planning to construct walls to separate it from the rest of the larger area. There would be an office and one stall. Apel also said that they recently completed a site survey, and would leave it with Kugler after the meeting. Public hearing closed. MOTION: Brandt moved to approve EXC97-0004, a special exception to allow an auto and truck oriented use, specifically a used car sales lot with an approximate 500 square foot office space, to be established on property located within the CC-2 zone in Wardway Plaza at the southwest corner of Highway I and Riverside Drive. Bender seconded the motion. Corcoran disclosed that she rents commercial property from one of the property owners, Gerry Ambrose, and thought that she could vote impartially, but if the other Board members wanted her to abstain from voting she would. Holecek said that the situation was not a con- flict of interest, because Corcoran would not get monetary benefit from her relationship with Ambrose, and because she had already considered the situation and concluded that she can be impartial. Haigh said that he found no problem with the application, because it is use of a vacant area in a somewhat commercial area, and it will not have a negative affect on any neighbors. It may also be a chance for that area to be revitalized. It should not create much more traffic, and it will be a good use of the area. Corcoran agreed that it would be a good use for the vacant space. Brandt also agreed. He said all the basic standards are being met. He noted that the impact on neighboring properties in the area will be minimal. He said it will be good to get some use out of the vacant space. Bender concurred. She said she did not see any safety or general welfare issues in the application. It is also in keeping with the CC-2 zone. She said the project is not adding any paving and will make good use of existing, vacant commercial facilities. Eckhardt concurred that the great amount of existing paved area at Wardway Plaza ought to be used for something, and this was an appropriate use of that property. The motion I~assed on a 5-0 vote. BOARD OF ADJUSTMENT INFORMATION Eckhardt asked members if there would be quorum for the next Board meeting on April 9, 1997. Bender will be absent from the meeting, but the other four members said they would be in at- tendance. Iowa City Board of Adjustment March 12, 1997 Page 8 ADJOURNMENT Haigh moved and Brandt seconded the motion to adjourn the meeting at 5:20 p.m. The motion carried on a 5-0 vote. Patricia Eckhardt, Board Chair Melod~l~ck__.~l, Board Secretary Minutes submitted by Traci Howard. ppdadmin\mins\boa3-12.doc SIGN IN SHEET 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, MARCH 12, 1997- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Name Address MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION TUESDAY, MARCH 11, 1997- 5:30 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM PREL!! I AR¥ ,Subject te Apl reYal MEMBERS PRESENT: Betty Kelly, Ruedi Kuenzli, Sue Licht, Doris Malkmus, Mike Pugh, Doug Russell, John Shaw, Ginalie Swaim STAFF PRESENT: Scott Kugler, Anne Schulte CALL TO ORDER: Chairperson Russell called the meeting to order at 5:38. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DISCUSSION OF HISTORIC PRESERVATION AWARDS PROGRAM: Kelly said that she had contacted six different places about catering. She asked Pugh to have Lenny Robles contact her about his catering business. Kelly said that she had received four estimates so far for the catering. Russell said that Iowa State Bank had agree. d to sponsor the ever~t and that the catering bill should be sent directly to Iowa State Bank. Kelly said that the Courthouse is secure as the location for the event. Russell said that a podium, microphone and projector would be required. (Licht arrived at 5:42 p.m.) Russell said that Pat Langenberg, the Physical Plant Manager for the County will be at the Courthouse before 5:00 to arrange tables and chairs and set up the microphone. He also sug- gested that Kelly contact the Court Administrator, Sandy Daines, near the date of the event to find out if the big courtroom will be in use that day and if so, what time proceedings will adjourn. Kelly said that she had contacted the judges and will contact them again before the event. Kugler said that he will send them packets of information before the event. Kugler said that a press release was issued asking for nominees and that another one will be sent about a month in advance of the program. Shaw asked if Commission members would have lunch with the jurors. Kugler said that he assumed that they would and suggested Jimmy's Bistro because of convenience. Kugler said that he would arrange transportation and could take Commission members along on the jurors' tour. Those who are interested in going should let him know. Russell said that, regarding the rehabilitation awards, the Historic Preservation Commission makes the nominations for the jurors to consider. He added that the painting awards are selected by the Commission. Shaw stated that he would like to increase the number of award categories so that projects of great magnitude are not competing with projects that are minor embellishments. He said that he would like the Commission to consider giving separate awards for minor improvements and major renovations. Russell said that there would be some difficulty in deciding how to divide the two categories. Kugler said that they might be divided by the cost of the project. Swaim said Historic Preservation Commission March 11, 1997 Page 2 that the cost method might be difficult because it would be difficult to separate the cost of interior work from the cost exterior work. Shaw asked if there were examples of projects every year that entailed the entire structure. Kugler replied that there were usually a couple. Licht said that with more categories there would be a possibility of having only one or two nominations in each. Shaw said that he felt that awards are sometimes being denied to nice, smaller projects because they are overshadowed by the large projects. Russell said that as long as the categories can be labeled and defined, they can be separate. Malkmus asked why each project must be in a category and suggested that the Commission pick the projects and label the awards as it sees fit. Licht said that she did not want to see a situation like last yeads. Russell said that clear instruc- tions to prevent such a situation would be given to the jurors. He added that every category will have a winner and that everyone else will have some sort of certificate of merit. Kugler distributed photographs of some of the properties that might be considered for painting awards. Kelly asked if the Commission should be looking for authenticity or aesthetics. Licht said that it gets too difficult to judge if the Commission is too concerned with authenticity. Russell suggested that if the house had siding removed and was then painted, then it should be in the small renovation category rather than the painting category. Pugh suggested keeping the current categories and giving certificates to all the nominees but to not have a real winner. He also suggested not having any jurors and recognizing everybody. Swaim said that she believes that if the awards program has a good set of jurors, then the program can be very educational for the audience. She said that having distinct jurors gives the program a degree of objectivity. Kuenzli suggested having the experts give a narrative about the nominations and implying a ranking of the properties during the narrative. Swaim said that with good judges, the audience is able to learn why a certain property won in its category. Licht said that the awards program has had very good jurors for the most part. Russell said that in some years the jurors had been critical in their comments. He added that he likes the idea of a jury award because it seems more prestigious and that' with the out-of-town jurors, as has been done in the past, the Commission is not seen as having any undue influence on the process. Shaw suggested that if a winner is not selected, the name of the ceremony should be changed to recognition awards. Swaim said that she thought it was important to keep outsiders' objective criteria. Shaw said that attendance would not be very good if people who were inclined to attend the ceremony knew ahead of time that all of the projects would receive an award of some kind. Russell stated that the categories are somewhat flexible. Kugler said that one way to separate categories is to make a separate category for rehabilitation and a separate one for new additions. Swaim said that she felt that the program should educate people and make them feel good but that the Commission did not want anyone to leave with hurt feelings. She added that the hurt feelings are a function of how the judges present their information. Swaim stated that the awards have merit and suggested that if the judges saw two projects in one category that were quite different but both quite remarkable then they be given the option of awarding them both first place. Licht said that she agreed that this could be a good idea. Shaw said that this idea would be essentially going to no award', because something of magnitude could overpower the smaller projects. Licht said that this discussion about awards occurs every year and that, Historic Preservation Commission March 11, 1997 Page 3 as the dynamics of the Commission changes, the discussion will continue to happen every year. She said that she would like to see the awards left flexible so that they can be adjusted depending on the number of nominations in different categories. Licht added that she likes the idea of allowing the jurors to present two awards for first place. Kelly said that she feels it is important to have the house represented by the owner. Kugler said that he can suggest this to the owners but cannot require it. Kugler asked the Commission to give a consensus on nominations for painting awards. Eleven properties were selected for painting awards. Malkmus said that the date of the painting projects should be verified to see if the painting was completed within the last year. Kugler distributed photographs of potential nominees for residential rehabilitation and construc- tion awards. The Commission selected nine properties to consider for this category. Kugler showed photographs of properties that might be eligible for commercial/institutional awards. The Commission chose to nominate four properties in this category. Kugler said that he would send a letter to the owners of nominated properties to get information from them about their projects. Russell asked for a volunteer to attend the May 6th City Council meeting to accept a proclamation for Historic Preservation Week. Kelly said that she could attend the meeting. Russell said that the date and time of the awards program should be announced at the City Council meeting. Pugh volunteered to be the master of ceremony for the awards program. PARK HOUSE HOTEL: Kugler said that a developer is considering buying the Park House Hotel to either rehabilitate it or to tear it down and build a replica of it in order to keep the density and parking require- ments as they currently are. Kugler said that staff does not want to have the building torn down but would prefer to see a rehabilitation. If replaced, it should be a new building that would have to meet the standards and parking requirements of the PRM Zone. Kugler added that staff does not believe that the building would be appropriately replicated because of the difficulty of matching materials, and recreating the interior is unlikely. Russell said that from a historic preservation standpoint, the Commission would rather see the land- mark rehabilitated than replaced. Kugler said that staff felt that if they said no to the replica, then the building may be rehabilitated, but could also be torn down and replaced with a new structure. If staff said yes to the replica, then the building would certainly be torn down with little chance of rehabilitation. Shaw said that the developer feels that he has leverage with the City because of the pending litigation. Russell said that the present owner has sued the previous owner and the City. He said that it is not an unlikely settlement that the previous owner would buy the building back. Shaw said that the developer had stated that it would make sense for him to develop that property because he owns the adjoining property and because he is a developer. Shaw added that the developer had at one point seemed interested in funding sources that had been used for the Press-Citizen Building. Russell said that the building inspector has already condemned the building, which would supersede anything the Commission would want to do with the building. He added that, if the litigation is settled by the developer taking possession of the property, the City would probably not have to pay anything. Historic Preservation Commission March 11, 1997 Page 4 Kugler said that staff is asking the Commission its opinion on the merits of a replica for the building. MOTION: Russell moved that it be the consensus of the Historic Preservation Commis- sion that it would prefer to have the Park House Hotel remain and be renovated rather than removed and replaced with a replica. Kuenzli seconded the motion. The motion carried on a vote of 8-0. CERTIFICATE OF APPROPRIATENESS: 705 SOUTH SUMMIT STREET: Shaw said that the certificate review task group felt that the proposal is sympathetic to what is already there and that it is a very minor alteration, and that they would therefore recommend the certificate be granted. MOTION: Pugh moved to approve a Certificate of Appropriateness for 705 South Summit Street. Malkmus seconded the motion. The motion carried on a vote of 6-0-2, with Kuenzli and Licht abstaining. (Shaw left the meeting at 7:07 p.m.) SECTION 106 REVIEWS: 919 E. Washington Street. Kugler said that this property was included in the College Hill Survey, He said that Jan Nash had not noted anything exceptional about the building and that it was not included within the historic districts. Kugler added that since that has not yet been accepted by the National Park Service, the Commission still has to go through the review process. He said there is no known information indicating that the property would be eligible and that the survey recommended that it was not. MOTION: Licht moved to find the structure at 919 E. Washington Street ineligible for listing on the national register. Kelly seconded the motion. The motion carried on a vote of 7-0. 1510 Crescent Street. Kugler stated that Jan Nash looked at the property and had felt that the only way that the house could be considered eligible would be if it were a catalog house. Kugler said that the rehab staff went to take a closer look at the house. He stated that Steve Schornhorst is fairly certain that it is not a catalog house. Kugler said that he would therefore recommend that it is not eligible. MOTION: Swaim moved to find the structure at 15'10 Crescent Street ineligible for listing on the national register. Pugh seconded the motion. The motion carried on a vote of 7-0. DISCUSSION OF HISTORIC LANDMARK PLAQUES: Russell stated that he contacted all of the owners of historic properties. He said that 28 of the owners want plaques, four do not want plaques, and four did not reply or could not decide. Russell remarked that he had ordered a sample plaque from one company but that it had not yet arrived. He added that at the April meeting, the Commission should be able to view plaques from two different companies. Historic Preservation Commission March 11, 1997 Page 5 Russell said that the Commission plans to buy the plaques with money from the Friends of Historic Preservation and some donated money. He added that the plaques would be owned by the City and placed on the buildings with a brief contract for the homeowner to sign. Russell said that when the plaques arrive there will be some kind of ceremony and some publicity. Kugler said that Friends had agreed to buy 25 plaques at an expected cost of $1200 to $1500, which is lower than actual cost. Kugler suggested contacting Friends about the higher cost of the plaques to see if they would be willing to donate a little more. Russell agreed that it would be a good idea to contact Friends again. He suggested putting the four properties that did not reply into the next group to be contacted. Russell said that the Commission can decide next month which company's plaques it likes better and can get accurate bids from the companies since it is now known exactly how many plaques will be needed. UPDATE ON PENDING HISTORIC DISTRICT DESIGNATIONS: Russell said that the College Green and East College Street Historic Districts both received unanimous votes at the first two City Council meetings. He added that the third vote would be next Tuesday, March 18. Russell said that he would like to send a note to the City Council thanking them for their support and their careful consideration of the issues. He said he would also like to thank the City Council for the landmark designations. Russell said he would also send a letter to the County Board of Supervisors for the tax exemption program recently adopted. UPDATE ON GRANT PROJECTS: College Green/East College Street National Register Nominations. Kugler stated that the two nominations are just about completed and will then be sent to the National Park Service. He said that it would take 6-8 months to receive notification that the districts had been listed. Original Town Plat Survey - Phase I. Kugler remarked that those working On the project are now starting to go into the older, Folk buildings. He has not recently had a progress report from the consultant. Discussion of June 1 HRDP Grant Application Deadline. Kugler said that the Commis- sion must decide if and for what to apply for a grant for the upcoming HRDP deadline on June 1. He remarked that it must also be decided who will write the grant. Licht sug- gested checking to make certain the deadline is June I, because she had heard the deadline was May 1 from other sources. Russell suggested applying for a grant for the Original Town Plat Survey - Phase II. Malkmus asked about the Longfellow District funding. Russell said that it was a Separate grant proposal that had already been applied for. Licht said that she was also in favor of applying for funding for the second phase of the Original Town Plat Survey. Pugh agreed that this would make sense. Kugler asked if the Commission would be interested in applying for a grant for the survey recommended for fraternities and sororities. The Commission discussed the merits of a fraternity/sorority survey. Historic Preservation Commission March 11, 1997 Page 6 MOTION: Russell moved that the next grant proposal for HRDP for the June deadline be for the Original Town Plat Survev- Phase II, Pugh seconded the motion. The motion carried on a vote of 7-0. Russell asked for a volunteer to write the grant proposal. Kugler said that it should be one of the easier ones to write. Pugh stated that he would write the proposal. RESCHEDULE APRIL MEETING: Kugler said that the April meeting should probably be rescheduled because changes to the City Council schedule will result in the two new appointments being postponed until April 8. He said that the April meeting is typically the one in which officers are elected. MOTION: Licht moved that the next Historic Preservation Commission meetin.q be changed to April 15, 1997. Malkmus seconded the motion. The motion carried on a vote of 7-0. Kugler said that the Lobby Conference Room would be available for the meeting. CONSIDERATION OF MINUTES FROM THE FEBRUARY 11, 1997, MEETING: Page one, last paragraph, Russell asked that "award is" be changed to "awards are". Page two, paragraph three, Russell said that the second sentence should read "entire west side of the 200 block of South Johnson Street". Page four, in the first paragraph under "Scheduling of Upcoming Projects", Russell said that "home projects" should be changed to "some projects". Page four, first paragraph under "Discussion of Historic Preservation Awards Program", Kelly said that the first juror should be spelled Thom Gu7mann and that he should be identified as the Program Coordinator of Main Street. Kelly said that in the same paragraph, the second juror's name should be spelled Laura Hoover. Page one, under "Discussion of Historic Preservation Awards Program", paragraph four, Pugh said that the owner of Movable Feast should be spelled Lenny Robles. MOTION: Malkmus moved to approve the minutes from the February II, 1997, meeting of the Historic Preservation Commission as amended. Kuenzli seconded the motion. The motion carried on a vote of 7-0. COMMISSION INFORMATION/DISCUSSION: Kuenzli asked if the City Council had taken any action on the Iowa City Airport. Kugler said that the Airport Master Plan was adopted some time ago. He stated that he had talked to the Airport Manager, Ron O'Neil, and that the airport is taking bids on some projects but not yet on anything using federal funding or affecting historic properties. Kugler said that, since they will be getting permits and using FAA funding, he informed O'Neil that the Section 106 process was required. Kugler said that O'Neil was going to check with their planning person handling the project to make sure he was aware of the Section 106 process. Russell said that the airport project should be an agenda item to keep tabs on. Historic Preservation Commission March 11, 1997 Page 7 Pugh said that he appreciated all of the work Sue Feeney had done on the awards project. He said that he also wanted to thank Swaim and Russell for all the work they had done on the Commission. Kelly thanked Russell for writing the letter to the Iowa City Press-Citizen. Swaim thanked every- one on the Commission for the wonderful experience she had the last four years. She re- marked that she had learned an incredible amount. Swaim also thanked Russell for his stamina and leadership and vision over the years. Russell thanked everyone on the Commission and said that he had enjoyed his experience on the Commission a lot over the nine years he had been there. Russell said he had no worries about the Commission's future because it is comprised of such a good group of people. ADJOURNMENT: The meeting was adjourned at 7:34 p.m. ppdadmin\mins\hpc3-11 .min MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, MARCH 6, 1997 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chair, Pam Ehrhardt, Dick Gibson, Jane Jakobsen, Lea Supple, George Starr MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Anne Schulte RECOMMENDATIQNS TO COUNCIL: Recommended approval, by a vote of 7-0, of REZ97-0001, a request submitted by Oral-B Laboratories to rezone a 3.74 acre tract of land located on Mall Drive from Community Commer- cial (CC-2) to General Industrial (I-1). PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Starr announced that the Housing and Community Development Commission had one new vacancy with a term to expire on September 1, 1998, to be appointed at the April 8, 1997 City Council meeting. He said that there are two vacancies on the Broadband Telecommunications Commission, with both appointments to be made at the March 18, 1997 meeting of the City Council and both expiring on March 13, 2000. Starr added that there are two vacancies on the Historic Preservation Commission, with both appointments to be made at the April 8, 1997 City Council meeting and both terms expiring on March 29, 2000. He added that there is an additional vacancy on the Housing and Community Development Commission, with a term expiring on September 1, 1999, to be appointed at the April 8, 1997 City Council meeting. REZONING ITEM: REZ97-0001. Discussion of an application submitted by Oral B Laboratories to fezone a 3.74 acre tract of land located on Mall Drive from Community Commercial (CC-2) to General Industrial (I-1). (45-day limitation period expires March 17, 1997) Miklo said he would try to address the questions raised by the Commission at the previous meeting. He said that he had checked into the issue of screening near the railroad tracks. He stated that the neighborhood to the east of the railroad right-of-way is zoned RS-5 and RM-12. Miklo added that an industrial use is required to be screened from a residential area by evergreen trees. Miklo said the evergreen requirement can be waived by the Building Official if natural or manmade screening is already in place. He said this had been done because of the railroad separation of the industrial and residential areas and because of the existing trees. Miklo said if the Commission still has concerns about the screening, the rezoning could be conditioned on the screening. Miklo said he had asked the Traffic Engineer to check into any potential traffic problems that might occur when Oral-B has shift changes concurrent with school dismissal at Southeast Junior High School. He stated that the Traffic Engineer determined that the traffic was not at a level to Planning & Zoning Commission March 6, 1997 Page 2 cause concern at these times, because of the number of arterial streets in the area and also because of the capacity of Highway 6 to disperse traffic rapidly. Jakobsen asked about the possibility of having a stoplight near the school that would say "walk only." Miklo said that he had forwarded that question to the Transportation Planner for study. Ehrhardt asked about the possibility of noise exceeding desirable levels should Oral-B sell the property and whether or not this could be made a condition of the rezoning. Miklo responded that performance standards are included in the Zoning Chapter. He said to make it a condition of the rezoning, there would need to be evidence that the performance standards were insufficient. Bovbjerg stated that the trees and railroad rise seem sufficient for the screening, but she asked what would happen if the trees were removed. Miklo said the screening is in the railroad right-of- way and that the railroad could conceivably cut down the trees, but he saw no reason why they would. He added that if a future building permit were applied for, then the screening would be re- quired. Starr invited the applicant to present any additional information. The applicant had no new facts to present. Public discussion: There was none. Public discussion closed, MOTION: Gibson moved to recommend approval of REZ97-0001, a request submitted by Oral-B Laboratories to rezone a 3.74 acre tract of land located on Mall Drive from Commu- nity Commercial (CC-2) to General Industrial (I-1). Ehrhardt seconded the motion. Gibson said he felt that it is important to be supportive as a signal to industry and particularly to businesses already existing within the City. Bovbjerg stated that Oral-B has been a conscientious industry in the past with regard to its landscaping and keeping the building low to the ground. She said she felt that the lights in the area are intrusive to the neighbors. Bovbjerg remarked that there are ways of shading bright lights so that they don't come straight at the viewer horizontally, while still providing plenty of light. She stated that she would like to see lighting improvements incorporated into expansions. Jakobsen said that the Rochester Avenue Hy-Vee is a good example of lighting being cast down instead of horizontally. Miklo said that performance standards require downcast light, but that there are still some complaints from neighbors regarding bright lights, for example, the St. Wenceslaus Church parking lot near Horace Mann School. Bovbjerg said that she would like the Commission to consider putting the matter on the pending list. She said lighting should not be so intrusive as to disturb those who are not using it. Starr said he is glad to see new industries develop and current industries expand. He said Oral-B has proved itself to be a good corporate neighbor. The motion carried on a vote of 7-0. Planning & Zoning Commission March 6, 1997 Page 3 CONSIDERATION OF THE FEBRUARY 16, 1997 PLANNING AND ZONING COMMISSION MINUTES: MOTION: Jakobsen moved to approve the minutes of the February 20, 1997, meeting of the Planning and Zoning Commission as amended. Gibson seconded the motion. Supple said on page one, number two under "Recommendations to Council," the words "by a vote of 6-0," should be added after the word "Recommend." She also stated that on the last page under "Other Business," paragraph two, the rest of the sentence after the word "staff" should be changed to read "consider recommending these alternatives to developers." The motion carried on a vote of 6-0-1, with Jakobsen abstaining due to absence. ELECTION OF OFFICERS: MOTION: Gibson moved to re-elect George Starr as Chair of the Planning and Zoning Commission, Ann Bovbjerg as Vice-Chair, and Lea Supple as Secretary. Jakobsen second- ed the motion. The motion carried on a vote of 7-0. PLANNING AND ZONING COMMISSION INFORMATION: Ehrhardt said she could not attend the April 14 and April 17 meetings. Jakobsen said she could not attend the April 14 meeting. She noted that her term on the Commission ends April 30, 1997. Bovbjerg said she could not attend the March 20 meeting. Bovbjerg said she had attended the informal session of the City Council on Monday. She stated that when the City Council discussed the issue of off-street parking and loading, a Council member asked why Jakobsen had voted no on this matter. Bovbjerg said that Jakobsen's reason was clearly stated in the Planning and Zoning Commission minutes. She remarked that she was frustrated that some members of the City Council apparently do not read the Planning and Zoning Commission minutes and that she would like to urge the City Council members to read them. Bovbjerg added that the discussion at the Planning and Zoning Commission meetings should help the City Council with its decision. Starr said he agreed with Bovbjerg's comments regarding discussion at Planning and Zoning Commission meetings and then repeated at City Council meetings. He said the City Council should be privy to the information it needs, but oftentimes the facts are just rehashed. The meeting was adjourned at 7:56 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte. ppdadmin~'nins~o&z3-6,min MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, MARCH 20, 1997 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Benjamin Chait, Pam Ehrhardt, Dick Gibson, Jane Jakobsen, Lea Supple, George Starr MEMBERS ABSENT: Ann Bovbjerg STAFF PRESENT: Bob Miklo, Melody Rockwell, Sarah Holecek, Anne Schulte RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of an amendment to Title 14, Chapter 6, entitled "Zoning," Article N, entitled, "Off-Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking as follows: In the case of a building that was constructed on or before December 31, 1 940, contains an established fraternity or sorority, and is being converted for use as a rooming house, additional parking or stacking spaces, as required in Subsection A4a above, may be waived by the City Building Official, provided the use is not expanded to provide more floor area, more sleeping rooms, or a higher occupancy than that which existed in the established fraternity or sorority. Recommended approval, by a vote of 6-0, of an application submitted to Johnson County by W-Four Partners for a preliminary plat of Williams Woods Subdivision, a 21.38 acre, four-lot residential subdivision located on the north side of Highway 1 West, approximately one mile west of Sharon Center Road, subject to approval of a Grading Plan. REQUEST FOR STAFF TIME: Recommended placing a request to amend Title 14, Chapter 6, entitled "Zoning" to permit longer terms of residency in transient housing as the new item seven on the Planning and Zoning Commission Work Program Pending List. CALL TO ORDER: Chairperson Starr called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Starr said that there is one vacancy on the Animal Control Advisory Board to fill a three year term ending May 4, 2000, one vacancy to fill an unexpired term on the Civil Service Commis- sion ending April 1, 2000, one vacancy on the Historic Preservation Commission to fill an unexpired term ending March 29, 1999, and a vacancy on the Planning and Zoning Commis- sion to fill a five year term ending May 1, 2002. Starr said these appointments will be made at the April 22, 1997, meeting of the City Council. Planning and Zoning Commission March 20, 1997 Page 2 Starr said there are two previously announced vacancies: one on the Housing and Community Development Commission to fill an unexpired term ending September 1, 1998 and two on the Historic Preservation Commission for three year terms ending March 29, 2000. He added that these appointments will be made at the April 8 meeting of the City Council. Starr urged anyone interested in the vacancies to pick up an application from the City Clerk. CODE AMENDMENT ITEMS: Public discussion of an amendment to Title 14, Chapter 6, entitled "Zoning," concern- ing elder housing alternatives. Rockwell stated that the City Council had asked staff to draft amendments to the Zoning Chapter to allow congregate housing in lower density zones. She said staff has attempted to come up with a range of elder housing options that would fit in a variety of zones throughout the community, in a way that is compatible with existing and developing neighborhoods. Rockwell said that staff proposes that the definition of elder be changed to read "a person at least 55 years of age." She said staff also proposes to drop the term "aged" from the Zoning Chapter. With regard to accessory apartments, she said at least one of the occupants must be "an elder or a person with disabilities." She said with elder family homes and elder group homes, the intention of the amendments is to make it clear that this type of housing should function as one house- hold. Rockwell said staff also suggests some criteria for establishing an elder family home or an elder group home, including: 1) at least one accessible bathroom for each four elders living in a dwelling unit, 2) at least one private bedroom for each single elder individual or couple living in that dwelling unit, and 3) rental permit requirements so there is oversight for safety, light and air requirements. Rockwell said that elder congregate housing would be a type of elder housing that allows apartments or rooming units clustered around shared living space. She said for the lower density, single-family RS-8 and RS-12 zones, staff suggests that the square feet of lot area required per congregate unit be based on a proportional rate of 1:2.26; with the expectation that there would be one elder person per congregate unit on average, and in an average apartment or dwelling unit there would be 2.26 persons. Rockwell added that a special exception and a cap would be required only in the RS-8 and RS-12 zones. Rockwell said that in the medium density zones (RM-12, RM-20), staff is suggesting a 25% density bonus, and in the high density zones (RM-44, PRM), allowing congregate housing on a provisional basis. Rockwell said that there are some special requirements that staff is proposing for elder congregate housing, including: 1) requiring a minimum of 20% shared living space, 2) allowing assisted living services, and 3) when elder congregate housing is established by special exception, having the Board of Adjustment consider the compatibility of the structure and its use in terms of its size, scale, orientation, residential instead of institutional characteristics, the design in relation to the surrounding residential neigh- borhood or the type of residential development that is anticipated, the potential for adaptive reuse of the structure for a use permitted in the zone, and the location and impacts of the required parking. Planning and Zoning Commission March 20, 1997 Page 3 Rockwell added that when an elder congregate housing development is established through a Planned Development Housing Overlay Rezoning, no special exception will be required, but the allowed density will be no more than the density permitted by the underlying zoning. Rockwell said staff also suggests that the elder congregate housing parking requirement be one space per each congregate apartment. Rockwell said that regarding elder apartment housing, she had spoken with Senior Building Inspector, Ron Boose, who suggested that instead of saying a "multi-family dwelling especially designed for use and occupancy by elders and persons with disabili- ties", the amendment should read "a multi-family dwelling intended for use and occupancy by elders and persons with disabilities." He also informed Rockwell that the amendment that reads "shall be accessible" would be enforceable as written and that it is clear what the phrasing means. Rockwell said staff also proposes a category called elder life care housing, which combines congregate housing and a nursing home. She added that elder life care housing needs to meet the requirements for both a nursing home and for elder congre- gate housing. Starr asked if it would still be necessary to defer this item. Rockwell said Commission members had expressed at the Monday night informal meeting, that since it is such a comprehensive item, it would be beneficial to allow public input at least two meetings. Ehrhardt asked if accessory apartments would be allowed on a lot that could have a duplex on it. Rockwell said yes. Ehrhardt asked about the elder family home and parking needs. She said with a family and several roomers, the parking could be inadequate, especially if there were a number of these in one area. Rockwell said that the parking requirements could be amended to require one for every 2 or 3 roomers in an elder family home. Ehrhardt asked if there is a transportation requirement for congregate housing. Rockwell said there is not one proposed currently, but such a provision could be added. Supple asked if an elder family home would be a total of eight people. Rockwell responded that a total of eight people could reside in an elderly family home, but an elder group home could have a caretaker and his/her family and up to five roomers. She noted that in both cases, the bedroom and bathroom requirements for elder residents would have to be met. Public discussion: Jill Smith, 610 Oakland Avenue, had several questions about the amendment changes since there is in-fill development going on in the Longfellow Neighborhood where she lives. She asked if there will be any age certification and how often it would occur with the elderly congregate housing. Rockwell answered that formal certification is not required in the amendments, but that age could be checked when the rental permit is issued or if there are complaints by neighboring property owners. Smith asked if consideration could be given to an annual age certification as required for accessory apartments. Planning and Zoning Commission March 20, 1997 Page 4 Smith also asked about the latitude the Board of Adjustment would have in terms of structure, density, compatibility, and orientation. Smith cited a specific example of the ADS site on Sheridan Avenue that is being redeveloped. Rockwell said that the neigh- borhood can voice its concerns regarding the elder congregate housing at the Board of Adjustment meeting. She added that every property owner within 200 feet will be notified of the hearing as required by State Code. Rockwell said the development in question is planned to have elder housing on lots on the cul-de-sac end of the street, not on Sheridan Avenue. Smith mentioned the limit on the number of units and asked if one elder congregate unit could contain four or five bedrooms. She asked if parking requirements could be tied to the number of bedrooms rather than the number of units. Rockwell said that it could be and could be discussed at the time the project's applicant applies for a special exception. She also said there would probably not be multiple bedrooms in a single congregate unit, because research has shown that older people value their privacy. Smith asked if there is any mechanism to ensure that the housing is maintained. Rockwell responded that maintenance would be as for any other property, in that the owner would be responsible for maintenance. She added that with the rental permit agreement, certain additional maintenance requirements would need to be met. Smith asked about the adaptive re-use issue in the event the elder congregate housing did not work. Rockwell offered an example of a building with four congregate units in the RS-8 zone, which could either be converted to a duplex or a single-family home. Smith inquired as to what her neighborhood could do to add incentives to get a developer to come in and establish this type of housing, since the developer is expect- ed to go through significant review. Rockwell said that there is a density bonus as an incentive to allow a higher level of congregate units as compared to dwelling units per lot in the low to medium density zones. Rockwell suggested working through the Longfellow Neighborhood Association to let the developer know how supportive the neighbors are of elder congregate housing. Smith asked if administrative review or some other alternative could quicken the process. Rockwell responded that the special exception is only required in the lower density zones of RS-8 and RS-12. She also said that a special exception is not needed when a planned development rezoning occurs. Smith asked why elder congregate housing is not suggested for the RS-5 zone. Rockwell said that the predominant feeling among staff was that the RS-5 zones primarily have detached, single-family housing. She said staff felt congregate housing would better fit in the higher density zones that allow a mix of housing. Jakobsen said the RNC zones are not proposed to have congregate housing either. Pat Folsom, 739 Clark Street, asked if an elder family home or group home would be permitted in the RS~5 zone. Rockwell said yes. Folsom also suggested that staff closely consider the parking requirements for this housing and should look especially hard at any reduction in parking for these kinds of uni.ts. Gibson said that because the minimum age for elder housing is now 55, it does not necessarily mean everyone of this age will now be flocking to this kind of housing. He said the intent is to increase the number of housing options for the elderly. He noted Planning and Zoning Commission March 20, 1997 Page 5 that to make the parking requirements more stringent for this housing would have the opposite effect. Public discussion closed. MOTION: Supple moved to defer to its meeting of April 3, 1997, an amendment to Title 14, Chapter 6, entitled "Zoning," concerning elderly housing alternatives. Jakobsen seconded the motion. The motion carried on a vote of 6-0. Public discussion of an amendment to Title 14, Chapter 6, entitled "Zoning," Article N, entitled, "Off-Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking. Rockwell stated that the City has received several inquiries over the past few years about the possibility of turning fraternity or sorority houses into rooming houses. She said the conversion is not easily done, because the parking requirement for a rooming house is greater than that for a fraternity or sorority. Rockwell said the current regula- tions are a disincentive for the retention and re-use of existing fraternity and sorority houses; they encourage the demolition and replacement of these structures. She added that staff feels it is in the City's best interest to have these buildings preserved rather than demolished and replaced with apartment buildings. Rockwell said these buildings have become established as important features in Iowa City's landscape. Rockwell said in terms of intensity of use, a rooming house would be comparable to a fraternity or sorority or more likely would have a lower occupancy. She added that, according to the Housing and Inspection Services Division, occupants of a rooming house rarely share bedrooms, as frequently occurs in fraternity and sorority houses. Rockwell said there is some indication that occupants of rooming houses are less likely to own cars. She said in most cases, staff believes that a rooming house will generate a lower parking demand than a fraternity or sorority houses. Rockwell stated that staff recommends allowing conversion of fraternity and sorority houses to rooming houses without demanding an increase in parking requirements, but that this provision would only apply to buildings that are historic and have existed for a sufficient length of time such that they have become important components of an older neighborhood or major entryway. Rockwell said staff also recommends that the changes in parking requirements for this situation be tied to the conversion of an existing fraternity or sorority, rather than applied to all rooming houses. She added that the provision for waiving additional parking spaces also requires that the use is not expanded to provide more floor area, more sleeping rooms, or a higher occupancy than that which exists in the established fraternity or sorority. Rockwell said staff has revised the amendment to tie the age of the building to a date. She said staff has suggested specifying a building that was constructed on or before December 31, 1940. Rockwell stated that two letters were received today from property owners in the Brown/Linn Street area, who are concerned about the proposal. She said the letters have been distributed to the Commission. Planning and Zoning Commission March 20, 1997 Page 6 Gibson asked if all three of the criteria previously mentioned are prohibited in order to waive the added parking requirement. Holecek said the use of the word "or" in the statement is sufficient and that if any of the three things should occur, then the greater parking requirement kicks in. Starr asked what data staff had used to anticipate less parking if a fraternity or sorority would be retrofitted to a rooming house. Rockwell responded that staff used the experience the Housing and Inspection Services Department has had with its rental housing program. Ehrhardt asked if the City had ever considered using on-street parking permits for residents. Miklo said the issue had once been discussed by the North Side Neigh- borhood Association, but the consensus was not to pursue the matter. He added that the City would not initiate the issue unless a neighborhood association asked for it. Ehrhardt said that she was torn between wanting to save the buildings and having enough parking for the neighborhood. Jakobsen said the amendment does not preclude turning these houses into apartment buildings. Public discussion: Theresa Kopatich, 1045 West Forest Glen Road, said she is in favor of the amend- ment. She said that a rooming house is a very compatible conversion option for a fraternity or sorority house. Kopatich discussed three other buildings that are similar to the rooming house pro- posed for 716 North Dubuque Street. She stated that a building at 12'1 North Van Buren Street has been a 13-unit rooming house for years. Kopatich said that when the building became a rooming house, none of the tenants had cars and that over the course of time, there have been two vehicles in the parking lot at most. Kopatich said the building at 416 South Dodge Street is a 9-unit rooming house. She stated that no one came to that rooming house with a car and there has been at most one car there at a time. Kopatich said in 1989, 728 Bowery Street was converted to a 9-unit rooming house. She added that no one came to that house with a car and over the course of time, the most cars owned by the tenants has been one. Kopatich remarked that she does not believe there would be any additional parking problem than is associated with a fraternity or sorority. She said it has been her experience that the parking problems will be less. Gibson asked Kopatich where she got her facts. Kopatich said she is the landlord for the two properties at 121 North Van Buren and 416 South Dodge. She said 728 Bowery Street is a Hillcrest property and she had contacted them for statistics. Gibson asked if she had an interest in the fraternity building at 716 North Dubuque Street. Kopatich said she did. She said she would like to convert it to a rooming house. Ehrhardt asked why the roomers did not have cars. Kopatich said the rooming houses are for transitional living units - people coming out of a homeless or near homeless situation - and these people do not have funds for vehicles. She said when they do get to the point that they can afford a vehicle, they are usually out of the program and into an apartment. Planning and Zoning Commission March 20, 1997 Page 7 Public discussion closed. MOTION: Gibson moved to recommend approval of an amendment to Title 14, Chapter 6, entitled "Zoning," Article N, entitled, "Off-Street Parking and Loading," Section 1, entitled "Off-Street Parking Requirements," to allow existing fraternity/sorority houses to be converted to rooming houses without having to provide additional parking as follows: In the case of a building that was constructed on or before December 31, 1940, contains an established fraternity or sorority and is being converted for use as a rooming house, additional parking or stacking spaces, as required in Subsection A4a above, may be waived by the City Building Official, provided that use is not expanded to provide more floor area, more sleeping rooms, or a higher occupancy than that which existed in the established fraternity or sorority. Jakobsen seconded the motion. Gibson explained that he requested the 1940 date, because the 50-year provision would have been a moving target that would continue to change. He said the real intent is to maintain the old, traditional housing stock that includes fraternity and sorority houses. Starr stated that he supports the amendment because, based on information from staff and the public, there appears to be a reduction in the parking demand for these struc- tures that have been retrofitted. He said he sees it as a win-win situation where the parking may actually be reduced and potentially historical structures are being pre- served. The motion carried on a vote of 6-0. Discussion of a request to amend Title 14, Chapter 6, entitled "Zoning," to permit longer terms of residency in transient housing. Miklo said that this item involves two amendments: 1 ) to permit longer periods of stay for occupants in transient housing, and 2) to allow transitional housing or apartments above permitted uses in the C1-1 zone. Miklo said he has spoken with representatives of the Domestic Violence Intervention Program and they have indicated that they are now in noncompliance, but there is not an enforcement action against them. Miklo said they would like to bring the shelter into compliance and also be allowed to have apartments on the second floor of the building. Public discussion: There was none. Public discussion closed. MOTION: Jakobsen moved to recommend that a request to amend Title 14, Chapter 6, entitled "Zoning," to permit longer terms of residency in transient housing be placed as new item seven on the Iowa City Planning and Zoning Commission Work Program Pending List. Supple seconded the motion. Planning and Zoning Commission March 20, 1997 Page 8 Jakobsen said she feels it is important to bring this type of housing into compliance. Starr said he agreed. He said he was concerned about timing if there are possible plans for enforcement since they are noncompliant. Miklo said there are no such plans and that now that it will be on the pending list, it should not be a problem. The motion carried on a vote of 6-0. REZONING ITEMS: REZ97-OO02. Public discussion of an application submitted by Eby Development & Management Company for a rezoning from RS-5, Low Density Single-Family Residen- tial, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. (45-day limitation period expires March 31, 1997) Miklo showed the location of the property on a map and stated that the property is currently zoned RS-5. He said the property immediately to the east is zoned Suburban Residential in the County and there is a planned development (OPDH-8) just to the southwest of this property. Miklo stated that the Comprehensive Plan, in this case, calls for residential develop- ment at a density of 2-8 units per acre. He said this particular project would result in 15.5 units per acre so it would not be in compliance with the Comprehensive Plan. Miklo said staff does recommend an amendment to the Comprehensive Plan for a density of 8-16 for this particular corner. He noted there is a separate item on the agenda setting a public hearing for April 3. Miklo said the Comprehensive Plan also has guidelines and directions on how develop- ment should occur and where housing of various densities should be located. He remarked that the plan suggests that medium or higher density development is appro- priate adjacent to arterial and collector streets. Miklo said this property would have direct access to Lower West Branch Road, a collector street, and would not generate traffic which would travel through a lower density residential neighborhood. Miklo stated that the Comprehensive Plan also recommends that the City provide incentives for a diversified housing stock. He said this project would facilitate this policy in this portion of the city. He said the Comprehensive Plan also encourages clustering and that this planned development would achieve that. Miklo added that the Comprehensive Plan also suggests incentives to provide housing for special popula- tions, like the elderly, so this would comply with that policy. Miklo said staff believes that a Comprehensive Plan amendment to allow this development would be appropriate in this location. Miklo stated that 'the Iowa City 2000 Vision Statement, which has been adopted by City Council, encourages many of these same development practices. Miklo said in terms of the OPDH plan, the proposal is for one building near the center of the property. He said the building would have an interior courtyard, which would be open air. Miklo said there would be a 40-foot setback from Scott Boulevard as re- quired. He said the applicant has not yet submitted a landscaping plan, but proposes extensive landscaping as a buffer from the arterial street. Planning and Zoning Commission March 20, 1997 Page 9 Miklo said Public Works is currently reviewing the proposed stormwater detention facility for compliance with the stormwater management ordinance. He added that the development calls for 27 parking spaces, and noted there is additional room on the site for 10 parking spaces to the east of the proposed lot. Miklo said staff suggests that the parking requirement for this area be reduced and that it be done through a special exception from the Board of Adjustment. He said if this elderly housing is ever convert- ed to a non-elderly apartment building, there is sufficient room on the site to meet parking requirements. Miklo said in terms of the Neighborhood Open Space Ordinance, staff recommends that fees be paid in lieu of the dedication of open space. He said that guidelines suggest that neighborhood open space be located in the center of a neighborhood and therefore, this area on the edge of the development would not be the best place for open space. Miklo said there are minor technical deficiencies with the plan as submitted and staff therefore recommends deferral. He said a revised plan was received today and staff has not yet had an opportunity to review it. Miklo said because this is a rezoning, it would normally be considered by the Commission at two meetings. He added that, assuming resolution of the amendment issue and the deficiencies, staff recommends approval of this development. Starr said that the applicant would need an extension of the 45-day limitation period because of the deferral. Ehrhardt asked if the neighborhood has been notified. Miklo said all property owners within 200 feet were sent notification of the hearing. Ehrhardt asked about a buffer for the parking lot. She said it appeared to be too close to Lower West Branch Road. Miklo responded that the diagram is deceptive. He said the parking lot would set back 20 feet as required in a residential zone. Chad Cook, 706 North Lindenwood, Olathe, Kansas, representing Eby Development and Management Company, submitted pictures and brochures of facilities similar to the one his company would be constructing. He said the proposal is for a 37-unit assisted living facility for the elderly. He said that residents will be those frail elderly, typically 80-85 years of age or older, who cannot live on their own, but do not neces- sarily need the 24 hour supervision of a nursing home. Cook stated that the building would be residential in style and that each unit would be a private room with a private bath and small kitchenette, a sink, small microwave, and refrigerator, but no cooking facilities. He said that three meals a day would be provided for residents as would other personal care services. Cook said all residents would be private pay residents and typically do not drive. He said the use would be low in terms of traffic density and that at its highest, the number of staff would be five persons. He said that a nurse is on call for the facility 2z~ hours a day, but would not be in the building at all times. Cook said the developer and the general contractor represent the Sterling House Corporation of Wichita, Kansas, which has 60 similar facilities throughout the plains Planning and Zoning Commission March 20, 1997 Page 10 states. He said that the facility would be licensed as a residential care facility by the State of Iowa Board of Inspection and Appeals. Starr asked that the applicant provide staff a written waiver agreeing to the extension of the application. Ehrhardt asked if there would be an age limit for the facility. Cook said there would not be an age requirement, although the typical age is about 85 years old. Starr said the Commission is really not recommending approval or denial based on the particular use that would be going on the property, but should be basing its decision on whether or not it would be an appropriate density of this particular area of land and would be consistent with the Comprehensive Plan. Public discussion: Brad Jones, 88 Heron Circle, said he lives just to the west of the property. He said that he has concerns about this use. Jones said he moved to his house about three years ago and knew that the property was zoned RS-5 at that time. He said he is concerned that it will become a more commercialized or industrial-type use of property that is now essentially farmland. Jones also pointed out that there is a nursing home facility within a short distance of this on Herbert Hoover Highway, which would result in a concentration of this type of facility in one area. He said he is also concerned about the resulting use if this type of facility does not work. Jones said it would be very large compared to single-family homes and other multi-family dwellings in the same area. John Lepic, 94 Heron Circle, said he thought the trend for this type of development was being set in west Iowa City. He said this piece of property has as much value to the east side of Iowa City as anywhere else. Lepic said to rezone the property from a residential, single-family dwelling type area into a more commercialized setting could result in a boxed-in effect. Lepic said to the north of this property is the Zajicek property and to the east of that is the Iowa City Care Center, which would create this boxed-in effect. He said his biggest concern would be what would go in the remainder of that area. Lepic said before building his house 3 1/2 years ago, he checked the zoning of that area to find that it was residential. He said he would like to see the brochures to give him more information, but he might not be in favor of the plan until he finds out more about it. Miklo said the zoning is a Planned Development Housing Overlay 12, which is a residential zoning, not commercial or industrial. He said that it would be possible in the future for the structure to be converted into a multi-family building with 37 units, but it is staff's view that that would be an appropriate use in this location. Public discussion closed. MOTION: Jakobsen moved to defer REZ97-0002, an application submitted by Eby Development & Management Company for a rezoning from RS-5, Low Density Single- Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 Planning and Zoning Commission March 20, 1997 Page 11 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing, to the Planning and Zoning Commission meeting of April 3. Gibson seconded the motion. The motion carried on a vote of 6-0. Starr said there will be additional discussion at the informal meeting of March 31, which the public is invited to attend, but that public discussion will not be taken at the informal meeting. He added that there will be another public discussion of the applica- tion at the April 3 meeting. REZ97-0003. Public discussion of an application submitted by James P. Glasgow for a rezoning from RM-20, Medium Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to OSA-20 and OSA~5, Sensitive Areas Overlay Zone, for 1.9 acres located at 1122~1136 N. Dubuque Street. (45~day limitation period expires March 31, 1997) Miklo showed the area on the east side of Dubuque Street and north of the Mayflower Apartments on a map. He said the proposed grading plan would affect two adjacent properties. Miklo said the property contains a slope of 40% or greater and according to the Sensitive Areas Ordinance, any development activity on a slope of that steep- ness requires a Sensitive Areas Overlay rezoning, which is what is being proposed in this case. Miklo said the Sensitive Areas Ordinance provides that a previously altered slope can be further altered provided that it can be shown that the resulting slope will be stable. He added that this regrading is proposed to make the slope more gradual and that the removal of trees from near the top of the existing slope will be required. Miklo said the applicant is proposing to replant a number of trees and also provide ground cover on the property. He said the Sensitive Areas Ordinance will allow such activity provided that a geologist or a professional engineer submits evidence to the satisfaction of the City that the activity will not undermine the slope and will result in a stable slope. Miklo said the Grading Plan has been submitted to the Soil Conservation Service as well as to the Public Works Department for review. He stated that the Public Works Department has identified some corrections that are necessary on the plan, most importantly, a note from the engineer, who designed the project, certifying that the slope will be stable once the activity is completed. Miklo said staff has not yet received a plan with such a note. Miklo said this particular plan requires grading on adjacent properties. He said staff has received a draft of an easement from Bruce and Florence Glasgow relating to their property. Miklo said staff does not have an easement from the Ostedgaards, and has advised the applicant that he must have that easement to proceed with the proposed Grading Plan. He said in the absence of such an easement, the plan would need to be redesigned so as not to conduct any activity on the Ostedgaards' property. Miklo said comments from the Soil Conservation Service had been distributed to the Commission. He said in general, the engineer, who reviewed the plan for the city, concurs with the general concept of making the slope more gradual, but does have some suggestions and comments for the applicant's engineer. Miklo said staff is recommending that this item be deferred until the notations recommended by the City Planning and Zoning Commission March 20, 1997 Page 1 2 Engineer are placed on the plan and until there is an indication from the Ostedgaards that they would allow activity on their property as shown on the plan. Miklo said a deferral of the 45-day limitation period until April 3 will be needed. Starr asked if the Commission needed certification by a geologist or engineer before it votes on the issue and sends it to City Council. Miklo confirmed this. Gibson asked if the plan wasn't guaranteeing that the regrading will not make the situation worse, but that the intent should be to make the situation better. He said the real question is whether or not this design will stabilize this slope, rather than further destabilize it. Gibson asked why the application has proceeded this far in the process without any indication from the Ostedgaards that it would be acceptable to t!~em. Miklo said the applicant has been advised that the easement would be necessary and the Commission should not vote until satisfied that the adjacent property owners consent to the proposed work on their property. Starr asked the applicant if he would be willing to grant the extension of the 45-day limitation period. The applicant, James Glasgow, responded that he would be willing to do so. Public discussion: Tom Gelman, 714 McLean Street, said he is the attorney for David and Linda Ostedgaard, the owners of the property at 1701 Ridge Road. He showed the boundary line of their property on the map. Gelman said the Ostedgaards are aware of the problem and do not want to be obstruc- tionists, but this problem was not of their making and is not their burden to resolve. Gelman said the Ostedgaards only learned of the plan last weekend and have not yet had an opportunity to discuss the plan with Jim Glasgow. He did say the Ostedgaards have concerns and that this is very intrusive upon them to be asked to participate in the resolution of this problem. Gelman said the Ostedgaards would like a detailed explanation of the plan in order to understand the grading and landscaping issues of the plan. He added that the plan would lower the ridge of the hill by about fifteen feet. Gelman said that the ridge currently forms a block of the vision of what is below the hill, but the plan would result in a new vista for the Ostedgaards and other neighbors that is quite different from the present one. He said there is also a noise issue and a vegetation issue. Gelman said it would be critical to the Ostedgaards to find out what alternatives to the plan have been studied. He also asked for a clarification of who the Cliffs Owners' Association is comprised of. Gelman said an easement was submitted to the Ostedgaards to review and that it is close, but is not acceptable in the current format. He said that the party to the easement was the Cliffs Owners' Association and he wanted to know exactly whose responsibility it would be to complete the project and to solve problems that may come about once the project is completed. Gelman said that one item of the proposed easement agreement would make it the Ostedgaards' responsibility to tend the turf after the seed was spread. He said this item would be unacceptable; that there must be a greater commitment to implementation and mainte- Planning and Zoning Commission March 20, 1997 Page 13 nance on the part of the applicant to make sure the turf is not just seeded, but re- established and erosion free. Gelman said that another important aspect would be to have clarification of the logistics of the plan, specifically, how the equipment would access the area to be regraded. He said that landscaping considerations and the possible accommodations to the neighbors in terms of the vista are very important. Gelman said that he would also like to see some method of assuring full completion of the work and proper functioning. He suggested establishing some kind of escrow account to be used for funding an alternative plan if this one proved to be inadequate. Gelman said that evidence is needed to show that the plan would be a sufficient solution. He added that the City Engineer told him that the City does not have the expertise to determine whether this project will work or not. Gelman said the project either needed independent judgment that this would be a viable solution or better alternatives should be considered. Getman said he had one expert from the U.S. Department of Agriculture Natural Resources Conservation Service take a quick look at the plan. He said they had some concerns including: 1) topsoil concerns, 2) the proper turf, and 3) if it would be appropriate to plant trees while trying to establish turf. Meenal Menezes, 1607 Rid.~e Road, stated that she has lived on Ridge Road at the top of the bank for 25 years..She said she has complained to the City a number of times about the erosion behind the Cliffs Apartments. Menezes said she has three steep embankments on her property that she has been constantly struggling with to control the soil erosion. She noted they have nowhere near the gradient that the Cliffs Apart- ments slopes have. She said she is not sure that cutting out more of the hillside would be the best answer and suggested looking at other alternatives before degrading an already degraded area. Menezes said she has had problems with retaining walls on the sides of her driveway and finally gave up the project because of the difficulty of it. Robert Alexander, ~ Forest Glen, said he lives opposite the site. He stated that every time it rains, some of his property washes out down to North Dubuque Street despite the fairly heavily wooded growth that is currently present. Alexander said he thinks the problem will only increase if trees and underbrush and the protection they supply are removed. He added that it is a difficult soil to establish growth in. He said he ques- tions whether or not the regrading plan will solve the erosion problem. Alex Evans, 9 Forest Glen, said he lives near the site with his grandfather. He said the land frequently washes out and that machinery and workers on the property would not be safe working on such a steep slope. Carolyn Lieberq, 15 Forest Glen, stated that she would like to see more information about the regrading plan. She added that she sees a lot of erosion when it rains even with the large amount of vegetation on the slope. Gordon Strayer, 1 Forest Glen, asked what alternatives were considered before con- cluding that regrading was the answer to the erosion problem. He asked if putting up a wall was considered as was done by the University against the bank behind The Mayflower when that soil began to erode. Planning and Zoning Commis'sion March 20, 1997 Page 14 Strayer asked if the University of Iowa had owned the buildings and had made only halfhearted efforts to keep the soil from washing down the street over the last fifteen years, how the City would have handled the problem. Strayer said real estate develop- ment is a specialized form of speculation, which means taking chances that one will make a profit, but also means taking the chance that one might even suffer a loss. He added that Glasgow must know this, as a speculator, and ought to be prepared to suffer a loss from a bad guess or bad decision once in a while. Strayer said this is clearly one time when Glasgow miscalculated. He said unfortunately, an earlier genera- tion of city planners, officials and city councilors aided and abetted that decision, even though not intentionally. Strayer said 15 years ago, Bruce Glasgow told the judge at a court hearing that the bank would hold. He said there is more than enough evidence since then to show that Glasgow was wrong. Strayer asked what the City could do to save as much of this sensitive area as possible, already despoiled to a great degree. He said that surely there must be a better plan than this one if the City is serious about preserving Iowa City's sensitive areas and natural beauty. Linda Osted.~aard, 1701 Rid.qe Road, said she and her husband own property adjacent to the area. She said they have hired a lawyer to evaluate the agreement that the Cliffs Apartment Association has presented them. Ostedgaard said they are concerned for their property value and that this kind of intrusion on their property will clearly de- crease their property value. Ostedgaard said that they built their home in a quiet, isolated place. She said they cannot see their neighbors after the trees leaf out in the spring. Ostedgaard said she attempted to count the number of trees to be removed. She said there are many trees in the area and she measured the circumference of a number of them. Ostedgaard said three of the trees to be removed are at least 60 inches in diameter, which is consider- ably different than the 1 ½ inch trees being proposed to replace them. She said that 30 or more trees proposed to be removed are between the 7 and 50 inch range. Ostedgaard said she gardens a lot and that it is very difficult to maintain the soil. She said there is a lot of water that comes down the street and through the property, which would only exacerbate the erosion. Ostedgaard also said that there are herds of deer in the area that eat much of the vegetation and that the deer will prevent the growth of almost anything unless it is very well protected. Supple asked about the storm water draining through the property. Ostedgaard said that a considerable amount of water drains off Ridge Street onto their property. Gibson asked who comprised the Cliffs Owners Association. James Glas.~ow, said that he, Bruce Glasgow and John Cruise each own eight units in the complex and that they make up the Cliffs Owners' Association. He said he had looked into the possibility of erecting a wall on the site or possibly constructing a house, but the other alternatives would be at least as intrusive in the area as the regrading proposal. Glasgow said all equipment for the regrading would be brought from the bottom up. He added that for a fairly tall wall of 30 feet or more, pylons would have to dropped Planning and Zoning Commission March 20, 1997 Page 15 down from the top. Gibson asked Glasgow if there is room for any other structures on the property. Glasgow said there is one lot in there that could be a home site for a single family dwelling which would be accessed from the top of the hill. Randy Van Winkle said he is the engineer who prepared the proposed grading plan. Van Winkle said he did examine several alternatives to correct the erosion on the site and prevent further problems from developing. He said the Grading Plan was the only re.alistic alternative that would work and could be built for less than half a million dollars. Van Winkle said the bedrock is significantly lower than it is at the Mayflower site so that tying into that wall would not be an effective option. He said to build a wall there, it would have to be a tied-back retaining wall, which would be a very large construc- tion project. He said the aesthetic considerations would preclude a large wall sitting on the property. Van Winkle said he has heard different viewpoints on whether replanting trees would be desirable for the project, but that the trees are proposed to make the area look better. He added that the area would be seeded with a sprayed-on soil mulch, which mulches as the seed is sprayed on and prevents erosion from occurring by laying down flat on the soil. Van Winkle said his design is probably the most effective way to sheet the water down without creating further erosion problems. Supple said the Commission would be deferring this application at tonight's meeting and examining it again in two weeks. She stated that, at that time, she would like to see a cross-section of the proposed plan. Van Winkle said he could prepare a cross- section. He also said that for geotechnical consulting on this project, he utilized TerraCon. Van Winkle said they are very good and that this plan reflected their recom- mendations. Ehrhardt asked if the main reason for not using the alternatives was financial. Van Winkle said that the cost was one of the reasons and there were other considerations in that some methods would simply not work and some ideas would ruin the natural aesthetics of the area. Ehrhardt asked if a large wall were constructed, if the slope would still have to be cut way back and trees destroyed. Van Winkle said that some trees would still have to be removed. He added that it would probably have to be more than one wall and could be a series of step walls. Gelman asked the Commission if there are precedents in a case like this for the City to hire an outside consultant to give an opinion as to the viability of the plan. Miklo said that it could be done, but the expense of hiring an independent consultant should be borne by the applicant in this case. Ken Herdliska, 1695 Ridqe Road, said he has lived at his home for ten years. He said he recalls when the apartments were first built. Herdliska said this is a major problem created by the Glasgows. He said that he believes they have a moral and ethical responsibility to the earth as well as to the community to stop the problem that they have created. Herdliska stated that the engineer Glasgow has hired is neither a soil conservationist nor a geologist and that the regrading alternative is just one person's opinion. He added Planning and Zoning Commission March 20, 1997 Page 16 that he does not believe the plan to be a viable solution. Herdliska said the trees have a root structure that is the only thing currently holding the soil in place. He said that if the trees are removed, 20 years or less down the road, the search will be on for another solution. Tom Scott, 41 9 E. Fairchild, said staff has identified four items in its report in reaching its recommendation: 1) the consent issue of the two adjoining property owners, 2) consistency with the intent of the Sensitive Areas Ordinance, 3) Public Works approval of a Grading Plan, and 4) the appearance that the proposed plan is "a method of stabilizing this slope." Scott said the Sensitive Areas Development Plan and rezoning request should be denied on more than the refusal of the applicant to defer to some future date or for one property owner objecting. Scott said the request should be denied, because it is not consistent with the intent, the language, or the spirit of the Sensitive Areas Ordinance. He said he is angry that the staff's recommendation is to approve. Scott said there is a legitimate way to force the violator to comply by using the City's power to impose a daily monetary fine as long as the owner refuses to comply with the plea agreement, which is to stabilize the slope. Scott added that Public Works continues to spend time and money on an issue that does not deserve to see the light of day. He said that it is laughable that after 11 years of debating this issue, this is the solution that is proposed to solve this problem. Scott stated that Glasgow has abdicated his responsibilities in this regard on a number of occasions. Scott asked about the Planning Department's role in the Joint Staff decision to recommend approval, subject to the property owners agreeing to the easements and approval of Public Works of a Grading Plan. He asked where the discussion was in the staff report that the argument can be made that the plan is consistent with the Sensitive Areas Ordinance. Scott proposed that the plan is not consistent with the Sensitive Areas Ordinance and is, in fact, an attempt to circumvent the intent of the Sensitive Areas Ordinance. He added that he served on the Sensitive Areas Ordinance Committee for a long time and cannot understand why this plan is not denied for the simple fact that it does not meet the intent of the Sensitive Areas Ordinance. Scott said the applicant's approach is simply about money in that grading is far cheaper than building a retaining wall. He said the owner should be forced to comply with his plea agreement and with the intent and the language of the Sensitive Areas Ordinance. Scott cautioned the Commission to be careful that Public Works does not approve the plan or a modification thereof that would eliminate a need for the use of the Ostedgaard property and grant de facto approval. He said he fears that if the City is not extremely careful, it will end up with something that does not solve the problem. Ehrhardt asked Scott about Richard Rhodes' contention that half of the slope does not fit under the Sensitive Areas Ordinance. Scott said if the Sensitive Areas Ordinance had not been changed, there would not be that problem. He said the ordinance was changed to say that if it is an altered slope, it can be altered further. Scott said the remaining portion slope is not altered and must comply with the Sensitive Areas Ordinance. He said it cannot comply if everything is to be graded back, because they Planning and Zoning Commission March 20, 1997 Page 17 will not be able to save the portion of the slope that is not altered. Scott said that the altered portion is at the bottom. Miklo said that staff's interpretation would be to view the area as all one slope, considering it to be an altered slope since one portion of it has been altered. Scott said that if someone would have presented this particular scenario when he was on the Sensitive Areas Ordinance Committee and the Planning and Zoning Commission, it would have never seen the light of day. Chait asked Miklo if the slope were altered at the top, could it then be altered at the bottom. Miklo said that the Sensitive Areas Ordinance would be considered on a case-by-case basis and the City Council would ultimately decide whether it could be furthered altered. He said the Commission could determine that this plan is not in compliance with the intent of the Sensitive Areas Ordinance and recommend no further alterations of the slope to the City Council. Miklo said staff's view is that this slope is unstable at this point and will continue to be so unless further alterations are done, which could perhaps be accomplished by a retaining wall or by making the slope more gradual. Public discussion closed. MOTION: Chait moved to defer REZ97-0003, an application submitted by James P. Glasgow for a rezoning from RM-20, Medium Density Multi-Family Residential, and RS- 5, Low Density Single-Family Residential, to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for 1.9 acres located at 1122-1136 N. Dubuque Street, to the Planning and Zoning Commission meeting of April 3. Jakobsen seconded the motion. Miklo said that he would like to clarify that staff's recommendation is not approval of the plan, as submitted. He said that staff's position is that if the City can be satisfied that this plan will stabilize the slope, then it would be recommended for approval. Starr encouraged people leaving the meeting to wait until the vote on the issue in order to hear the Commission's views on the issue. Supple asked if experts would be available to give information at the next meeting. Miklo responded that in two weeks, the Commission could discuss the letter it received from the Soil Conservation Service and that Public Works may have additional comments. He said the City Forester has also looked at the question of plantings on the site and there should be a report from him. Miklo said if the Commission wants information from an outside expert, the applicant could contract with a third party to evaluate whether the plan will stabilize the slope and meets the intent of the Sensitive Areas Ordinance. Gibson suggested hiring an outside expert and said it would be foolish to base a decision on the data from a consultant hired by the applicant. He said that the profes- sional consultant should be selected by the City and the applicant should pay for the work. Gibson said the least expensive solution may be an inappropriate one. He said he has a great deal of skepticism about the plan and that the applicant should not keep trying to do the cheap thing. He said the problem could possibly have been solved a long time ago. Starr said he agrees with Gibson and appreciates the comments and feedback at tonight's meeting. He said that everyone agrees that something must be done, but cannot agree on the best solution. Starr said he does not know how to resolve the Planning and Zoning Commission March 20, 1997 Page 18 issue, other than to get more input. Starr said the Commission needs more information to make the decision and that he is not convinced that the applicant's proposal is the right way to go. Miklo said it is up to the applicant to satisfy the City that this is a workable solution and that the applicant must also satisfy the Ostedgaards with regard to obtaining an easement. Gibson asked about the terms of the applicant's plea bargain arrangement with the City. Holecek said that it has been agreed by date certain that the applicant will submit a Grading Plan and a Sensitive Areas Development Plan to be reviewed by the City. She said the City is obligated not to arbitrarily withhold its approval. She said all work under the agreement must be completed by November 1, 1997. Holecek said this presupposes that the submitted plans were approvable. She added that any plan submitted must also comply with the City's Grading Ordinance as well as the Sensitive Areas Ordinance. The motion carried on a vote of 6-0. DEVELOPMENT ITEMS: SUB96-0020. Public discussion of an application submitted by A.F. Streb for prelimi- nary plat approval of Scott-Six Industrial Park, a 140.5 acre, 42-1ot commercial/ industrial subdivision located on the east side of Scott Boulevard, north of Highway 6. Miklo stated that the City Council has approved the annexation of the property and the rezoning to C1-1 and I-1 zones. He said most concerns in the staff report have been resolved except for two major issues. Miklo said the proposed Freedom Court would have two access points to Scott Boulevard. He added that the proposed street would not line up with Heinz Road on the other side of Scott Boulevard. Miklo said that staff has recommended an alternative design and recommends that the Commission not approve the street design as submitted. Miklo showed two alternative designs. He suggested either making Freedom Court a cul-de-sac or redesigning the street to line up with the north intersection of Heinz Road. Miklo stated that staff recommends that the plat be altered to include an alternative design for Freedom Court. Miklo said the other issue is the storm water management plan. He said a Sensitive Areas Ordinance Site Plan is required for the property and that a site plan has been submitted. Miklo said Lon Drake is reviewing the plan and should have comments for the Commission by the April 3 meeting. He added that staff therefore recommends deferral on the issue until the April 3 meeting. Miklo stated that an acceptable sanitary sewer route has now been identified. He said a condition placed on approval of the application would be DNR approval. Miklo said that the 45-day limitation period has been waived. Public discussion: There was none. Public discussion closed. Planning and Zoning Commission March 20, 1997 Page 1 9 MOTION: Gibson moved to defer SUB96-0020, an application submitted by A.F. Streb for preliminary plat approval of Scott-Six Industrial Park, a 140.5 acre, 42-1ot commer- cial/industrial subdivision located on the east side of Scott Boulevard, north of Highway 6, to the Planning and Zoning Commission meeting of April 3. Jakobsen seconded the motion. Supple said she likes the alternative designs for Freedom Court that staff proposed. She asked the applicants, the Strebs, if they were happy with it. The Strebs said they would like to have two access points on Freedom Court and that a business will not do well on a dead-end street. Supple said that businesses along Freedom Court would have good visibility. Starr said he had concerns about Freedom Court not meeting up with Heinz Road on the north end. The applicant said that the proposed Freedom Court is within the DOT design requirements. Miklo said that he is not aware of DOT design requirements, but that the design would not be ideal for an arterial street. He said that is why staff is proposing alternatives. The motion carried on a vote of 6-0. SUB97-0003. Public discussion of an application submitted to Johnson County by Dean Oakes for final plat approval of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1. (45-day limitation period expires April 11, 1997) Miklo said that the applicant has requested deferral of this application until the April 3 meeting. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to defer SUB97-0003, an application submitted to Johnson County by Dean Oakes for final plat approval of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located on the west side of Buchmayer Bend at its intersection with Highway 1, to the Planning and Zoning Commission meeting of April 3. Ehrhardt seconded the motion. The motion carried on a vote of 6-0. SUB97-0004. Public discussion of an application submitted to Johnson County by W- Four Partners for preliminary plat approval of Williams Woods Subdivision, a 21.38 acre, four-lot residential subdivision located on the north side of Highway 1 West, approximately one mile west of Sharon Center Road. (45-day limitation period expires April 13, 1997) Miklo showed the location of the proposed subdivision on a map and said that this development would take advantage of cluster provisions recommended in the Fringe Area Agreement. He said that the subdivision would only have one access point to Highway 1. Planning and Zoning Commission March 20, 1997 Page 20 Miklo stated that the plat has been revised and that all of the deficiencies have been resolved. He said staff recommends approval of the subdivision and that it now meets the 80% open space requirement. Miklo said there should be a note on the plat that specifies that there will be only one access point. Ralph Neuzil, 2520 Mayfield, the applicant's attorney, said he was available to answer any questions about the proposal. Public discussion: Jim Walters, 2511 Hi.qhway 1 Southwest, said he lives about four miles west of this area. He stated he has some general concerns about traffic on Highway 1. Walters said Highway 1 is the most heavily traveled state highway in Iowa. He said it is extremely dangerous to drive on Highway 1 and he has recently seen five additional houses constructed along the road. Walters said Highway 1 is an extremely high speed road and that even the entrance to the proposed subdivision is problematic, as it is on the upgrade of a hill. He asked that no more access points be allowed along Highway 1 or that the process to deter- mine where they would go at least be very selective. Miklo suggested that he make these comments to the Johnson County Zoning Commission and the Board of Supervi- sors where it is likely to have more impact. Ed Williams, 2968 Black Diamond Road, said that MMS Consultants and the DOT have looked at the access point and that it is a current access to a field. He said that the property will be the site of an urban erosion control demonstration project. Public discussion closed. MOTION: Chait moved to recommend approval of SUB97-0004, an application submit- ted to Johnson County by W-Four Partners for a preliminary plat of Williams Woods Subdivision, a 21.38 acre, four-lot residential subdivision located on the north side of Highway 1 West, approximately one mile west of Sharon Center Road, subject to approval of a Grading Plan. Gibson seconded the motion. The motion carried on a vote of 6-O. COMPREHENSIVE PLAN ITEMS: Public discussion of settling a public hearing for April 3 on the "Iowa City Comprehen- sive Plan 1997: Iowa City: Beyond 2000/Iowa City's Vision for the Future." MOTlION: Chait moved to set a public hearing for April 3 on the "Iowa City Compre- hensive Plan 1997: Iowa City: Beyond 2000/Iowa City's Vision for the Future." Ehrhardt seconded the motion. The motion carried on a vote of 6-0. Public discussion of setting a public hearing for April 3 on an amendment to the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.3 acre area located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road. Planning and Zoning Commission March 20, 1997 Page 21 MOTION: Chait moved to set a public hearing for April 3 for an amendment to the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.3 acre area located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road. Gibson seconded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE MINUTES OF THE MARCH 6, 1997 PLANNING AND ZONING COMMISSION MINUTES: MOTION: Chait moved to approve the minutes of the March 6, 1997 Planning and Zoning Commission minutes as written. Jakobsen seconded the motion. The motion carried on a vote of 6-0. OTHER BUSINESS: Chait discussed the Cliffs Apartment grading proposal and asked how the issue came before the Planning and Zoning Commission without any neighborhood knowledge of the plan. He asked if the applicant is setting himself up for an abatement of any fine, because the Commis- sion may not approve the plan. Chait suggested that the City hire a consultant to review the plan so that the issue does not go on any longer. Holecek said that if the plan is not acceptable, the applicant must re-draft the application or the City can ask to be heard by the Courts. She stated that it is incumbent upon the applicant to come up with a plan that the planning and Zoning Commission will endorse. Gibson said that the court order requires that the applicant come up with a plan that is in keeping with the Sensitive Areas Ordinance. Miklo said that the Commission is asked to recommend the plan to the City Council if it meets the intent and will result in a stable slope. He added that this is a rezoning because an overlay zone will state what is permitted. Starr said that there is one chance to correct this problem. He said he is not knowledgeable about the concepts to solve these kinds of problems. Chait said the wall could be constructed for a high cost. Gibson said that the University built the wall behind Mayflower for about $200,000. Gibson asked about potential liability if the plan should fail. Holecek said the City would not be liable. Chair said that the consequences of one person's actions should not affect the entire neigh- borhood. Supple asked if the applicant would need a building permit to put a house on the empty lot. Miklo said that since it would be a single-family dwelling, it would be exempt from the Sensitive Areas Ordinance. Jakobsen said that the City planned to rezone the area in 1982 and that Glasgow constructed his apartments before the zoning change. The meeting was adjourned at 10:42 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte. ppdadmins\mins\p&z3-20,min IOWA CITY PLANNING AND ZONING COMMISSION MEETING THURSDAY, MARCH 20, 1997 - 7.'30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET Name 6. / Address ¢t C~ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. A~ende i~em 3A MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, February 27, 1997 - 5:00 PM Members Present: Members Absent: Margaret Cox, Stephen Greenleaf, Mary McMurray, Mark Martin, Jesse Singerman, Anne Spencer, Chuck Traw Philip Hubbard Staff Present: 'Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Debb Green, Martha Lubaroff, Liz Nichols CAll TO ORDER: President Traw called the meeting to order at 5:05 pm APPROVAL OF MINUTER: The minutes of the regular Board meeting of January 23, 1997 were approved unaninimously after a motion by Swaim/Spencer. UNFINISHFF) R[JSINFRS A. Building Project - Craig gave a summary of the February 20 architects' presentation. They presented five plans. By process of elimination and in order to accomodate the 500 seat auditorium in the plans for CenterSpace, while maximizing ground floor library, one scheme was favored. The architects will be working on it and will come baok to the Trustees and City Courtoil on the 19th of March with a more complete plan along with cost estimates. The meeting that was scheduled for .March 5 has been cancelled. Craig described the plan which is called Scheme 1. This proposed design has below the ground parking on 64 1 A with elevators up to the plaza level. The first floor of the library is basically the same first floor of our present library including the space now occupied by PATV. The ground floor of 64 1 A is for the CenterSpace project and the adjacent 500 seat auditorium. The auditorium could be built later since its a component that doesn't have anything above it. The first floor would also contain a lobby for some sort of residential use; hotel, apartments, condominiums, etc. The second floor would complete the seoond floor of the existing library and extend across the street, filling in the unfinished space on the second floor above CenterSpace. A third level would be residential hotel (which could rise multiple stories) and the upper part of the auditorium but no library space. Craig raised the issue that the plan would be a compromise in library operations although the library could deal with it to benefit the community. The impingement on operations had to do with the distance on the second floor between the public area and the administrative offices. There was also concern that insufficient alterations in the current first floor plans were shown. Library staff who work on public service desks or who get called upon to serve a patron would not be as accessible in such a floor plan. Another concern of Craig's was the potential operating costs necessary to run a building such as CenterSpace and the difficulty presenting a plan to voters without a source of operating income. The trustees expressed serious concern regarding such a plan and felt that the library should A~enda item 3A ICPL BOAF{D OF TRUSTEES FEBRUARY 27, 1997 PAGE 2 only support a plan that was good for the community and downtown and which would be successful. In answer to a question, Craig replied that the construction of the parking spaces would be paid for with parking revenue. Traw stated that the Board needs to maintain its position of responsibility to the community to give them the best library possible. Swaim, Martin and Cox expressed concern about the plan and the potential difficulty of passing a referendum. Traw recommended another meeting before the joint Council/Trustees meeting on the 19th, in order t~ review the information the architects provide regarding the scheme and costs. ~'he regular March Board meeting on March 27 is during spring break. Four members indicated they would be gone for sure. With one member absent today it was decided to move the regular March meeting to Monday, March 17. 'Fraw distributed a letter he received from a realtor regarding a rumor that the library was renting a vacated retail space. He believes we need to address the issue of how to handle the complaints about access to the library and the ability to return books more easily. Perhaps, it was suggested, it was time to look at bookmobiles in an effort to address this complaint. NFW RUSINF,qS A. Volunteer Policy Review: An interdepartmental group of staff worked on this regular policy review. Procedure was eliminated and the major point from staff input was maintaining the integrity of staff positions. The revised policy was approved unanimously after a motion by Singerman/Swaim B. Set Hours for FY98 There were several issues in this discussion including the extension of number of Sundays open, changing hours from 12-4 to 1-5 and funding June (FY97) Sundays. Craig expressed surprize about Council's decision cutting the funding in the FY98 budget that would allow the library to be open Sundays throughout the year. It occurred unexpectedly as the Council was finding funding for items they wanted to include. Several cuts were made. Swaim suggested that Traw inform Council that reduction in the budget request for Sunday hours took place without any discussion with the Board. Trustees are disappointed and wish to communicate that to City Council. Singerman moved to approve the use of Non operating budget undesignated (NOBU) funds if necessary to pay for the last two Sundays in FY97. Swaim seconded. All in favor. Funding the last two June Sundays in FY97 means we don't have to close then reopen. A language change in the Hours of Service policy was recommended. In 812.1 it was recommended that the Sunday hours read 1-5 except August through Labor Day. The policy change extending Sunday hours through July and the calendar were approved unanimously after a motion. Greenleaf/Swaim The 13card unanimously approved changing the hours open on Sunday to 1-5 from 12-4 after a motion by Cox/Singerman. A user survey supported this change. The new Sunday hours will §o into effect June 1. A~enda item 3A ICPL BOARD OF TRUSTEES FEt3RUARY 27, 1997 PAGE 3 Circularinn: Craig re. ported that circulation was up 10% in January. In 12 hours on one weekend Circulation staff checked out and renewed 8000 items and checked in 7300. State. I ~.gislm~re. Craig reported on her attendance at Legislative Day in Des Moines recently. The biggest initiative is Enrich Iowa, a proposal for State and aid to public libraries, which is being drafted into law. Both chairs of House Education Committees endorse it. State legislators are asking for it. An area of concern and caution is the attempt again to change the obscenity law in Iowa. Educational institutions and libraries are currently exempt from being charged with offering obscene items. An attempt to remove the exemption from schools is being made. Another concern for libraries are attempts to limit libraries' access to the Iowa Communication Network. De. vel~pm¢.ntC)ffice Eckholt's report was included in the Board packet. He reminded Trustees that the planned March Centennial events had been cancelled and more events would be planned for the fall. Readings Readings of interest were included in the packet TnJstee Fd~mation Craig distributed a brochure about a meeting for Trustees to be held in Fairfield. PRFSIDFNT'S REPORT Given during the Building discussion ANNOUNCFMFNTS FROM MEMRFRS Greenleaf reported on his attendance at a downtown strategy meeting. He stated that no discussion of the library took place. COMM[ INICATIONS A comment that was included on a survey form from the Emergency Housing deposit site was included. A greeting from North Liberty public library on our 100th birthday was distributed. Agenda item ICPL BOARD OF TRUSTEES FEBRUARY 27, 1997 PAGE 4 r'Jl.~RtJ RS~=M FNTS Visa for the month of January 1997 was reviewed Disbursements for the month of January 1997were approved: Greenleaf/Cox SFT AGENDA ORDER FOR MARCH MEETING Regular meeting for March has been rescheduled for the 17th. Building Issues Community Relations policy. AD. JOtIRNMFNT: Meeting adjourned at 6:30 pm after a motion by Cox/Singerman Minutes taken and submitted by Martha Lubaroff. MINUTES PARKS AND RECREATION COMMISSION MARCH 12, 1997 MEMBERS PRESENT: STAFF PRESENT: GUESTS: Barbara Endel, Ken Fearing, Judith Klink, Maurer, Matt Pacha, Rex Pruess, Allen Kathryn Wallace, Ross Wilburn Terry Trueblood, Bob Howell, Marilyn Kriz Robert Hegeman (Iowa City Kickers) Bruce Stroh, FORMAL ACTION TAKEN Moved by Pruess, seconded by Stroh, to approve the February 12, 1997 minutes as written. Unanimous. Moved by Endel, seconded by Wilburn, to recommend to the City Council to officially name the south soccer field complex the "Iowa City Kickers' Soccer Park" Unanimous. Moved by Wilburn, seconded by Maurer, to appoint Jack Muller to the Parks and Recreation Foundation. Unanimous. Moved by Stroh, seconded by Klink, to revise the Oakland Cemetery Tree Pruning and Removal Policy to include Iowa City parks, and to adopt the revised Tree Pruning and Removal Policy. Unanimous. NAMING NEW SOCCER COMPLEX Robert Hegeman, President of the Iowa City Kickers Board of Directors addressed the commission requesting their support to name the new south side soccer fields the "Iowa City Kickers' Soccer Park" He expressed appreciation on behalf of the Kickers to the city for their efforts in developing the soccer fields, and for affording the Kickers the opportunity to be a part of the field development. Pacha expressed appreciation to the Kickers for their support, noting it was instrumental in getting the project off the ground. The consensus of the commission was that they felt the name was very appropriate. Moved by Endel, seconded by Wilburn, to recommend to the City Council to officially name the south soccer field complex the "Iowa City Kickers' Soccer Park". Unanimous. ELECTION TO PARKS AND RECREATION FOUNDATION Pacha stated he solicited Jack Muller to be a member of the Parks and Recreation Foundation. Jack has been instrumental in the Mercer Park gymnasium fund raising efforts and is serving on the Campaign Cabinet. Moved by Wilburn, seconded by Maurer, to appoint Jack Muller to the Parks and Recreation Foundation. Unanimous. OAKLAND CEMETERY TREE PRUNING AND REMOVAL POLICY A copy of the proposed Oakland Cemetery Tree Pruning and Removal Policy was reviewed by the commission. Trueblood indicated the policy was developed as a result of concerns expressed by Heritage Trees Committee members about "overly ambitious" trimming of trees in Oakland Cemetery which had been performed a number of months ago. Staff had previously reported to the commission on the incident. Endel indicated that sometimes policies are developed as a "knee jerk reaction" to complaints or outside pressure, and questioned whether adoption of a new policy was necessary or should there have been a policy already in place. Trueblood noted staff felt it would be beneficial to adopt such a policy. Stroh noted the Heritage Tree Survey was complete, and suggested that this policy apply to all Heritage Trees. Trueblood stated the policy could be easily modified to include not only Oakland Cemetery but also Iowa City parks and/or trees on public property. Stroh felt it was a good to have a structured policy, noting it uses the City Forester's expertise for tree pruning and removal. He stated he would not object to including all city-owned properties under this policy. Wallace expressed concern that if this policy was enforced city-wide, the increased demands it would put on the City Forester who already supervises the pruning and removal of city-owned trees. Moved by Stroh, seconded by Klink, to revise the Oakland Cemetery Tree Pruning and Removal Policy to include Iowa City parks, and to adopt the revised Tree Pruning and Removal Policy. Unanimous. PARKS AND RECREATION COMPREHENSIVE PLAN Trueblood reported he recently met with a consultant about submitting a proposal for a trail plan for Hickory Hill Park. During the discussion, staff expressed interest in a community-wide "master plan" sometime in the future. Since then, the consultant submitted a complete proposal, excerpts which were included in the packet. Trueblood stated staff is not ready to pursue this process immediately, but would like to receive the commission's input as to whether or not they felt it worthwhile to pursue such an effort in the future. Pacha questioned if a great deal of what would be covered by such a park and recreation comprehensive plan is not already covered by the Neighborhood Open Space Plan (NOS Plan). Trueblood stated the NOS Plan has most of what would be needed for the park aspect and he would suggest that it be made a part of the comprehensive plan. A comprehensive plan would also look at regional city-wide parks (which the NOS Plan does not address) and the recreational aspect. Pacha questioned whether such a plan is worth the money it costs. Trueblood indicated he has checked one reference, Cedar Falls, and they have recommended this firm very highly and feel the plan will be helpful. Pacha asked how such a document would help staff. Trueblood noted much of the plan would be based on community meetings and survey. The plan would basically provide a planning tool, making us aware of how the community feels the department is doing, and what needs to be done. Stroh indicated such a process will provide a set of recommendations, which would help staff to put things in perspective and give it some expertise and theory of community's feelings. Pruess expressed concern with the lack of questions in the document relating to trails; i.e., trails in Hickory Hill and in general, how they are used, and how accessible they are. Maurer agreed, noting the questions needed to be more specific. Trueblood stated staff would meet to refine the survey and would include questions about trails. Endel stated such a process if completed changes the paradigm, and asked how open the department would be to making suggested changes. Trueblood stated staff would want it to be a living document, one that is workable, with he and other staff wanting to have a fair amount of input into it. He noted staff would have to have an open mind, and proceed with implementing changes unless there is good reason not to, such as affordability. This document would be a tool staff will want to use and not put on a shelf, and he felt staff would be open to it. Wallace questioned the project schedule, feeling the time line to have it completed was very aggressive. She questioned the number of public meetings and meetings with staff° Trueblood stated the Cedar Falls Parks and Recreation Director indicated the consultant held many public meetings in a short period of time° As far as staff time, he indicated staff was free to attend the community meetings, but the consultant, to some extent, recommends against it, as the public is sometimes more open if staff is not in attendance. Wilburn indicated it would be nice to have some type of idea from other communities where they have done such a plan to hear how far along they have come with it and how much they have actually accomplished. Pruess stated he was not opposed to completing a comprehensive plan if it did not, in the interim, delay decisions relative to the Neighborhood Open Space Plan; Trueblood indicated he did not anticipate that this would happen. The consensus of the commission was that it was not opposed to staff pursuing completion of a park and recreation comprehensive plan sometime in the future. RIVERFRONT & NATURAL AREAS COM/~ISSION REPORT Fearing reported the following on February's meeting: whether or not there was a conflict of interest in appointing Joe Kral, a City employee, to the commission and it was determined that it was not; he was elected to serve on a sub-committee to determine possible projects for Arbor Day; the riverfront corridor trail project from Burlington Street to Sturgis Ferry will be funded 50% by the city and 50% by the University of Iowa (Stroh felt this was in error - the RNAC minutes indicated the University will share in the cost of the portion of the trail which runs along Riverfront Drive by the old hydraulic building); the proposed Ralston Creek maintenance program which states the city will remove downed trees in the Ralston Creek area both privately and publicly owned areas; and a work day will be held to review floodplain development projects. PARKS AND RECREATION FOUNDATION REPORT Pacha reported members of the Foundation went to the City Council work session on March 3 and received approval to proceed with the fundraising campaign for the Mercer Park Gymnasium project. Two meetings have been held to put together a campaign committee and to identify potential donors. Meetings will be set up with potential Co-Chairs, Endorsement Co-Chairs, and Cabinet members. The timeline for completion of the fundraising campaign is September. COMMISSION TIME Maurer questioned whether plans have been finalized for Iowa City Girls Softball to use the Hawkeye Softball Complex as they did last year; Trueblood indicated they have been. Fearing asked if staff was planning on offering a softball program for seniors only. He had previously asked on behalf of a citizen. Trueblood indicated such a program will be offered. Stroh questioned if any action had been taken on Karen Kubby's suggestions that the City apply for a permit to exempt itself from the 14" mowing restriction along creek banks. Trueblood noted this came about at the suggestion of individuals next to the creek that runs through the north section of Court Hill Park. They would like an area 3-4 feet from the top of the bank left in its natural state. Trueblood stated staff does not have a problem with this particular proposal, noting each situation will have to be addressed on an individual basis. Staff is concerned about noxious weeds, but the individuals in question are willing to "maintain" this area. Wallace commented about last month's meeting, congratulating the group on how well it works together. She stated an issue was discussed which members felt strongly about, and the issue was discussed in a reasonable and calm manner. 4 DIRECTOR'S REPORT Trueblood reported on the following: Members on the Parks and Recreation Foundation - Trueblood complimented Pacha, President of the Parks and Recreation Foundation, on his hard work and the time he has devoted to the Mercer Park Gymnasium project; also acknowledged were Maurer and Wilburn. Locker Room Policy - The current policy states children through six years of age are allowed to use locker rooms intended for the opposite sex, with exceptions made for children with special needs. Staff recently received a complaint from an individual who felt children above Kindergarten should not be allowed in the opposite sex locker rooms. Staff receive occasional complaints about this issue from both sides. Staff is investigating the possibility of having some curtain separation in each locker room. Trueblood asked for the commission's input. Pacha stated he had asked a group of mothers their opinion, and they felt children through 7 years of age or in first grade should be allowed in the opposite sex locker rooms. They did not feel comfortable sending their Kindergartner or first grader in the locker room by themselves. Stroh asked if this was a posted policy, with Trueblood indicated it is. Stroh suggested not having any policy, putting the decision on each individual to defend their own behavior. He felt it was a policy that could not be enforced, and no right policy that would please everybody. Endel, who at one time was a pool manager, felt the present policy was appropriate, noting children 6 years of age have some skills which enable them to deal with the locker room situation. She noted there are restroom stalls in each locker room where an individual could get dressed. She noted from a staff person's standpoint such a policy should be in place in order to be able to give parents some reasonable answer. Trueblood stated he would contact the City Attorney's office to see if they have an opinion. Pacha recommended leaving the current policy as is. Wallace questioned the intent of the policy, noting it is to protect children and not adults. She indicated if she had a child six years of age, she would do what she felt was right for her child. Budget - One additional maintenance worker position was approved to be split between the Parks and CBD Divisions. Staff will meet to determine how to accomplish it, noting differences in pay scales and work schedules will make it difficult. Staff will bring its recommendation back to the commission. Moved by Fearing, seconded by Wilburn, to adjourn. meeting adjourned at 6:05 p.m. Unanimous. The 5 SENIOR CENTER COMMISSION MEETING February 19,. 1997 3:00-5:00 p.m. Assembly Room MINUTES MEMBERS MEMBERS STAFF: GUESTS: PRESENT: ABSENT: Ballantyne, Conner, Hora, Miller, Mobily, Monsanto, Wallace, Zell. Kemp. Kopping, Milster, Seal. Willa Jones (COE). INTRODUCTION - Wallace Meeting called to order at 3:05 p.m. Introduction of guests. MINUTES - Wallace e Typographical error on page 2 to be changed from "hoes" to hopes." Monsanto moved to accept the minutes as amended. Ballantyne seconded. Motion passed, all ayes. PUBLIC DISCUSSION No public discussion. - Wallace II?o Senior Center Commission Minutes Page Two February 19, 1997 GOAL COMMITTEE - Wallace · The Goal Committee presented the proposed three year goals to the Commission. The proposed goals emphasized involvement and input from Senior Center participants, outreach strategies, dynamic programming, expansion of human and material resources, and improving the image of aging by establishing the Center as a community resource. · Mission statement - Miller moved to accept. Mobily seconded. Motion passed, all ayes. · Goal #1 - Miller moved to accept with amendments. Mobily seconded. Motion passed, all ayes. Goal # 2 - Monsanto moved to accept. Zell seconded. Motion passed, all ayes. * Goal #3 - Mobily moved to accept as amended. Hora seconded. Motion passed, all ayes. · Goal #4 ~ Hora moved to accept as amended. Monsanto seconded. Motion passed, all ayes. Goal #5 - Monsanto moved to accept. Zell seconded. Motion passed, all ayes. Senior Center Commission Minutes Page Three February 19, 1997 WOODWORKING SHOP UPDATE - Seal · Seal stated that an instructor has been obtained, and that the instructor expressed liability concerns related to the shop's existing open door policy. Seal will consult legal counsel. The shop will be locked on weekends. The lock on the door will be changed to limit unauthorized access. Monitoring of the room will be discussed with the instructor. Discussion on Woodworking Shop tabled until next meeting. CITY COUNCIL BUDGET MEETING - Miller Budget was passed as requested. Items requested included: HVAC Upgrade - $100,000 New PC compatible computer system for staff- $39,000 Senior Center Commission Minutes Page Four February 19, 1997 POST ADVISORY COMMITTEE RECOMMENDATIONS Monsanto · The POST Advisory Committee presented its recommendations to the Commission. Based upon the statements of purpose outlined by the Committee, each element of the POST was ranked as to its priority for publication. · Miller moved to accept the recommendations. Mobily seconded. Motion passed, all ayes. SENIOR CENTER UPDATE - Kopping Operations- Kopping * Kopping summarized the success of the Walk of the Stars. * Upgrades of three doors (AR to Ecumenical Towers, north entrance inside door, Room G13 to Ecumenical Towers) have been implemented to meet ADA standards and existing fire code. Options were explored regarding the purchase of new flooring in Room G13. ~ The survey preparations are in progress. It is scheduled to begin in March with results available in May. Senior Center Commission Minutes Page Five February 19, 1997 · Kopping will attend a meeting with Stutsman of the Board of Supervisors regarding a memorandum from Rev. Welsh about allowing Senior Dining volunteers to park in the north lot. Hora will accompany Kopping. Programs - Seal · Upcoming activities include: Gallery Walk featuring the works of Dianna Penny; computer lab monitoring training; "The Future of Social Security," presented by the Johnson County Task Force on Aging, AARP and the Center on April 7. * Seal will organize a steering committee to plan events associated with Older Americans Month in May. ~ A committee comprised of John and Wilma Conner, Margaret Richardson and Glenn Jablonski has developed a series of activities for Women's History Month. Volunteers - Kopping No report available. Rogusky absent. Senior Center Commission Minutes Page Six February 19, 1997 COMMISSION VISITS - Wallace Council of Elders Meeting - Monsanto, Jones · The council discussed the upcoming survey, the visitation of activities by council members, and the creation of a Senior Center cookbook. Board of Supervisors -Monsanto · Discussed officers election, Martin Luther King festivities, Holiday Bazaar results, and the establishment of scholarships. COMMISSION DISCUSSION - Wallace ~ Vice-chair Kemp will be out of the country until May. * Ballantyne moved to replace Kemp as vice chair with Conner; Monsanto seconded. Motion passed, all ayes. Zell moved to adjourn; Monsanto seconded. The meeting was adjourned at 4:55 p.m. Minutes prepared by Kate Milster, Senior Center Secretary Minutes approved by Terri Miller, Senior Center Commission Secretary