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HomeMy WebLinkAbout1998-01-13 Bd Comm minutesMINUTES HISTORIC PRESERVATION COMMISSION TUESDAY, DECEMBER 9, 1997 B 5:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER PRELIMC AP, y Subject to ,a;proval MEMBERS PRESENT: Ann Cairns, Frank Gersh, Ruedi Kuenzli, Doris Malkmus, Pam Michaud, Michael Pugh, John Shaw, Michaelanne Widness MEMBERS ABSENT: Lars Anderson, Betty Kelly STAFF PRESENT: Scott Kugler OTHERS PRESENT: Ted Heald, Cecile Kuenzli, Jim Marshall, Samantha Matthews, Melissa Mollesten, Brian Sharp, Chuck Skaugstad Jr., Betty Staley, Larry Staley CALL TO ORDER: Chairperson Shaw called the meeting to order at 5:32 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CERTIFICATE OF APPROPRIATENESS REVIEWS: 825 North Gilbert Street - Kugler passed around the odginal photos and a larger version of plans that were copied for the packet. He said the application is for a story-and-a-half addition at the rear of the property, basically extending an existing projection further to the west with dormers on either side. Shaw asked if this was a structure that was moved from where Hancher was located. The property owner, Melissa Mollesten of 825 North Gilbert, said no, from where the Community Credit Union is now. Cairns asked if they were going to put a basement or crawl space underneath. Mollesten said she was not sure what Griffin Construction decided, and it made no difference to her. Cairns said it would not be much more expensive to add a basement since there will be a foundational crawl space. She said since they have so much exposure, they should be able to practically walk out of it or at least have windows and light in the basement. Shaw said there will almost be a full-level foundation. Mollesten said they had discussed that option, but wanted to make sure there would be no historical restrictions. Malkmus said she and others on the Commission visited the property earlier and felt it is an appropriate addition with appropriate materials and scale. MOTION: Malkmus moved to approve the certificate of appropriateness for 825 North Gilbert Street. Cairns seconded the motion. The motion carried by a vote of 6-0. Kugler said he would notify the Building Official that the certificate was approved as submitted, and he would mail a certificate in a few days. 831 Brown Street - Shaw said he did not know the structural implications for constructing the Historic Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 2 addition on the deck as proposed. The property owner, Larry Staley of 831 Brown Street, said one side wall is higher than the other because he is offsetting by 26 inches. (Widness arrived at 5:40 p.m.) Shaw said he would rather not discuss the individual details, because the deck that the structure is proposed to sit upon does not contribute to the historic nature of the structure. He said that building on top of the deck would add value to the deck structure, and it would ensure that a nonconforming component would be around for much longer. Shaw said he is in favor of the addition, but they would like to see the addition not elementally tied into the deck structure, meaning they would like the addition to have its own foundation, so that if the deck was removed in the future, the addition would not have to come with it. Shaw suggested Staley talk to a realtor about the value of an addition with a full foundation underneath as opposed to an addition as planned. Staley asked if the Commission was going to ask him to remove his deck in the future. Shaw said no. (Pugh arrived at 5:50 p.m.) Staley asked if he was restricted to removing the deck or building the room with a new foundation. Shaw said he would just remove the podion of the deck that the addition would rest on. Staley said all he intended was to build a three-seasons or exercise room, and he has financial constraints. He said that he can do the work "as is" himself. Shaw said the addition would make the nonconforming more permanent. Staley said he would like the deck to be permanent. Malkmus said when the Commission visited the property earlier that day, they were very impressed with efforts to make the rest of the house usable and functional. She said there is a character to the original house that is still intact, and they would like to see that character reflected in the changes made to the house. She said that the Commission would like to work with Staley to come up with a style that would work for the addition and match the character of the house. Staley said he would remove the part of the room he started constructing, and accept the fact that the house is not his anymore. He said he was upset about the issue and would discuss the foundation idea with his wife, but his financial constraints would probably not allow for that. Shaw said the area in question is in the back of the house, but it is very visible on Governor Street. Kugler clarified that the house is listed as a contributing structure to the district. Staley and Shaw discussed footings under the deck. Staley said he was not sure if he could match up the texture to the house for the addition foundation. Shaw said the Commission would be willing to work with Staley to find appropriate materials. He said that the Commission could reach agreement that if Staley were going to build an addition with a full foundation, they would assure him that he could replace the pads of the deck he would have to disassemble. Malkmus said the Commission could be a good ally for Staley when he would have to face the Building Official. Shaw said Staley could bring back revised plans that show a full addition that could leave the existing deck surrounding that. Staley said he would like some flexibility because he was not sure where his siding and sheathing would end up. Shaw said they have already anticipated some flexibility. Historic Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 3 Pugh told Staley that the Commission meets the second Tuesday of each month, and Kugler said he would need the plans one week before the meeting to be able to put plans on the agenda. Malkmus suggested talking to the Building Inspection staff regarding the structural plans and if it meets code. MOTION: Pugh moved to defer the item until revised plans are submitted to the Commission. Malkmus seconded the motion. The motion carried by a vote of 8-0. DISCUSSION OF M & W ADDITION, 803 S. SUMMIT STREET: Shaw said he spoke with staff and various Commission members about the charge and authority of the Commission. He said that passing the item on to the Planning and Zoning Commission with no comment last time was appropriate because they do not have the authority to make judgment on platting matters. He said the Commission would be involved when a building permit is applied for and a certificate of appropriateness is necessary. Kugler said the plat meets the technical requirements of the subdivision regulations and the zoning ordinance. He said it is recommended for approval by the Planning and Zoning Commission subject to the legal papers incorporating language about Historic Preservation review of any new building on the lot. He said rather than having new sidewalks constructed, the subdivider would make a payment to the City to cover the cost along with the Summit Street Bridge replacement project. He said it could be decided later on to rebuild or repair the sidewalk. Kugler said the item meets the technical requirements of the zoning chapter and subdivision regulations, and is on tonight's City Council agenda. Shaw said he received a call from Naomi Novick, and she said there was some concern that if the existing setbacks were maintained two trees would be removed. She said the Council wanted some assurance that the two trees would be replaced in the front. Ted Heald of 812 South Summit Street, asked what an RS-8 zone meant. Kugler said it allowed for a single- family or duplex, provided the lot meets size requirements. Heald asked if the current property had a duplex there, and there would be a property division to allow another duplex built. Kugler said the new duplex or single-family house could be built on the new lot immediately south of the current building. Kuenzli asked why the Commission was even looking at the item at its November meeting if they had no authority to review it at that time. Kugler said he tries to keep the Commission informed about activity in the Histodc Districts, and to let members know what is coming down the road. If there were a historic preservation issue or concern, the Commission could raise it with the Planning and Zoning Commission or City Council. Kuenzli said he thought this was an item for the Commission to speak to. Kuenzli said they should ask for a new measurement of the lot because he is not sure that the lot is 90 feet wide. He said that assuming the lot is wide enough, two 45-foot lots will be uncharacteristic of the Summit Street neighborhood. Shaw said he did not agree with that, and Cairns said the houses south of it are on smaller lots. Kuenzli said the houses on the south are on a divided 140-foot lot, and that is why they are so inconspicuous. Shaw said that side yards on lots have been sold off and narrower lots created all along Summit Street. Cecile Kuenzli of 705 South Summit Street, said she was concerned with the entire process because she was not able to speak at the Planning and Zoning meeting conceming the item and that none of the neighbors knew anything about the item. She said the sign posted on the lot announcing the Thursday Planning and Zoning meeting was gone from the lot the Saturday Historic Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 4 before. She said she was disappointed that the Commission did not find any grounds to object to the item during their previous meeting. She said that she thought the issue did concern the Commission because it is in a Histodc District. She said lot sizes need to be considered in the Summit Street Historic District because they are one part that determines the feel of the neighborhood. She said the current duplexes are fairly unobtrusive because their are on wider lots. C. Kuenzli said the staff report is undercutting the fact that most of the lots are much larger than 45 feet. She said there are 43 lots on the Summit Street between Court Street and the railroad tracks, and average lot size is 83 feet wide. She said the average lot size on the west side of Summit Street going from Bowery Street to the railroad is 89.3 feet, which is double the width of the lot in question. She said the average lot size from Bowery Street to the railroad on the east side of Summit Street is 96.9 feet. C. Kuenzli said that approval of the lot division would make both lots nonconforming with the rest of the lots from Bowery to the railroad. She said she thought this project could only be seen as an intrusion to the Historic District. She said in the last five years, three houses have been converted from rooming houses and apartment houses to single-family dwellings, and subdividing the lot would run counter to the trend of property reclamation. She said she spoke with Heald about his duplex on the east side of the railroad tracks, and while he said he would like to see that become a single-family home he doubted it would with a wall of duplexes existing across the street. She requested that the Commission reconsider approving the lot subdivision. (Malkmus left at 6:08 p.m.) Shaw restated his point that the Commission gets involved with this item when a building permit is applied for. He said the platting issue does not require a building permit and is beyond the Commission's scope of comment. C. Kuenzli said that does not prevent the Commission from commenting on the appropriateness within the streetscape. Heald asked if he would be allowed to build a four-plex in the back yard of 818 South Summit Street because it was so large. He said he was in favor of historic preservation, and discussed how he felt about the neighborhood. He said he purchased 10 extra feet of land and his gallery- use is allowed because it is a permitted nonconforming use. He said he is concerned with available parking, which is why he purchased two lots together. Heald said he felt very strongly about the subdivision issue and asked if it could be stopped. Jim Marshall of 733 South Summit Street, said the Commission could at least comment about the item. He said he just purchased the house next to the lot in question. He said had he known that there could be as many as six different family units going in right next to him, it might have made a difference in his purchase decision. He said he did not understand why anyone would take a park-like street and use it for these purposes when there are many other places in town for that kind of construction. Chuck Skaugstad Jr. of 602 South Summit Street said he did not think the Commission would be able to comment on the subdivision until the issue comes full circle and the applicants request a building permit. Shaw said the Commission could comment on it, but he feels it would not be appropriate. Skaugstad Jr. said he thought the lot size question needed to be brought to the City Council's attention before they voted on the matter tonight. He said that the Council members he spoke with said they could strongly suggest that there be stdct design guidelines that the applicants had to follow. Heald asked if the Commission could request the vote be Histodc Preservation Commission Tuesday, December 9, 1997- 5:30 P.M. Page 5 postponed. He said he looked for the notice signs, but did not see any. Kugler said the notice concerns should be brought to the Council's attention, and explained the notification requirements for a subdivision. Kugler said 45 feet is the minimum lot size in the RS-8 zone, and before the applicants could submit a plat they have to have the land surveyed. He said a professional land surveyor found with the total lot width slightly over 90 feet, with each individual lot being 45.03 feet wide. Cairns said the duplexes would have to meet the Commission's design guidelines. Gersh said many of the issues discussed tonight, such as requesting another survey be conducted or asking if the notice signs were posted long enough have to do with the Council, not the Commission. He said the Commission could comment about the streetscape, even though they have no jurisdiction over it. Heald asked what concerned citizens should do about the issue. Pugh said attend the City Council meeting and ask them to deny the plat for the subdivision. He said he thought the main issue was why the Summit Street Historic District is zoned RS-8, and the proposed plat is allowable because it meets the minimum zone requirements. Pugh asked Kugler if he had seen an original plat for the area. Kugler said he did not believe this property was platted. Pugh said if he remembered correctly all the lots were about 45-feet wide on the original Summit Street plat. He said they have been made bigger and carved off. Shaw said the Commission has told people that being in a Historic District does not preclude additions, and the subject of subdivisions had not come up yet. He said the Commission is not telling people that they cannot build new things in a Historic District, and from his point of view the applicants are trying to get the best use of their land and other lots in the area have been taken down that small in the past. He said he did not think the Commission should make a recommendation. Kugler said it is appropriate for the Commission to make a recommendation when there are Historic Preservation implications involved with a subdivision or rezoning application. He said in staff's opinion, there were no arguments strong enough to be used against the subdivision creation. He said he did not think that average lot size was really the appropriate way to evaluate the application because there is a wide variety of lot sizes within the district. He said according to Molly Naumann's report, it is the setback and the tree coverage that creates the park-like environment in the neighborhood. He said any addition to the district needs to be compatible with the existing neighborhood, whether it is an addition or new building, and that is the Commission's role. Shaw said that he knew the Commission could comment at any time, but he felt that they had no jurisdiction on the item. Cairns said that when the Commission first looked at the plan, no one gave negative feedback. Gersh said they saw the plans and Kugler recommended that the proposal was not incompatible. Skaugstad Jr. said that he thought the Commission should be looking at the issue from the historic neighborhood aspect, and comment on how the proposal is nonconforming. He said if the Commission does not pass along the comments, the Planning and Zoning Commission and the Council will not know how the neighbors feel about the development. C. Kuenzli said there are six lots from Court Street to the railroad tracks that are under 51 feet wide out of 43 lots. Shaw asked if variety is part of the neighborhood. C. Kuenzli said there is variety, but she did not think that they should emphasize what there is less of in the neighborhood. Pugh said the Council will probably not reject the plan on the lot size issue. Kuenzli said he was convinced by the way the Commission discussed the issue and the way it was presented. He said if we do not comment on the issue from the point of view of the Historic Preservation Commission we will be making a big mistake. Shaw said he felt exactly the opposite, and if they comment they will be seen as obstructionist. He said he feels comfortable not commenting because the subdivision is an appropriate use of that land. While he said he did not want the Historic Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 6 Commission to come out in favor of subdivisions in a Historic District, he did not feel it should come out opposed to the item, because it has promised people all along that they will be able to use their land how they want to, but that design and compatibility would be scrutinized. He said he thought the project could contribute to the neighborhood and the streetscape. Skaugstad Jr. said the Commission should comment on the zoning for Historic Districts, and suggest that it be changed to eliminate the 45-foot wide lot opportunity. Pugh asked what the next zone down would be. Kugler said RS-5, which would allow for single-family houses and would require a 60-foot lot. He said that would be creating some nonconformities with some of the smaller lots and duplexes, and that would have to be looked at closely. C. Kuenzli said it is a question of crowding the streetscape and making the lot sizes narrower. Cairns said she saw the subdivision as an opportunity to put something more attractive in than the rest of the houses at that end of the street. Heald discussed the property and proposed buildings. He asked if the Commission could recommend that lot sizes should be bigger and change the zoning. R. Kuenzli said the proposed subdivided lots exceed the minimum by 0.03 feet, and that is what they are worried about. Cairns said that the neighbors would still argue even if the lots were five feet over the minimum. R. Kuenzli said he did not think so because there are four or five lots that are 51 feet wide. Shaw asked how wide the largest lots were. C. Kuenzli read the lot width from Court Street to the railroad on both sides of the street. Pugh asked how large the lots are on either side of this proposal. C. Kuenzli said on the north it is 95 feet wide and to the south is 140 feet with two small duplexes. Gersh said he thought the Commission should comment and respond to the neighbors. Pugh said the problem he saw is that when a Historic District is formed residents are told that they will face review of their designs when they apply for a building permit and a certificate of appropriateness. He said the Commission does not tell residents that even though a subdivision meets the zoning requirements, it would review the proposal and comment on its appropriateness. The Commision's role is in the area of design review, not zoning or subdivision review. Members discussed an apartment building on the corner of Summit Street and College Street. Pugh said the Commission could comment to Planning and Zoning and the Council that the Summit Street Historic District should be studied for RS-5. Skaugstad Jr. said he thought that was appropriate. Michaud asked if the applicants were required to provide off-street parking. Kugler said yes, that there is an easement that is being provided over the existing driveway. R. Kuenzli said he thought the down zoning had to be mentioned in front of City Council, but that will not prevent the subdivision of the proposed lot. MOTION: Kuenzli moved the Commission comment to the City Council saying that the subdivision creating two lots of 45.03 feet is incongruent of the average lot size of Summit Street, and is not appropriate within the Summit Street Historic District. Shaw said he would fully support a recommendation to look at down zoning of Summit Street, but he did not think the average lot size is an appropriate measure because there is vadety in the neighborhood. He asked if there would be the same concern if someone wanted to build on a lot that was much larger than the average lot size on Summit Street. Kuenzli said no. Gersh said they are not talking about the average as much as the median lot size. Pugh noted the original platted lots were about 45 feet wide. R. Kuenzli said the map that came with the staff report makes no sense because most of the lots are double lots. Kugler said that map is Histodc Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 7 intended to provide location information to the Planning and Zoning Commission, rather than a plat of the neighborhood, and the plat provides more detailed information. Gersh seconded the motion. Kuenzli restated the motion. Pugh suggested the Commission comment to the Planning and Zoning Commission and the City Council that they should consider down zoning the Summit Street Historic District to RS-5 so the underlying zoning is consistent with the current lots. Gersh said they could note that the new subdivision is smaller than a majority of lots on the street and inconsistent with the character of the district. Shaw and Cairns said they did not agree with that statement. R. Kuenzli said 45.03 feet is the second smallest lot in the district, and is about half of the average lot size. Shaw said the Commission would do themselves more harm by coming out against this when it looks like the issue is going to pass. He said they should save their fights for more crucial issues than being seen as a body that is opposed to any growth or development in a Historic District. Mollesten said she could not think of any street as historically preserved as Summit Street, and she feels it needs special consideration. Michaud said in discussion of conservation districts, they said they have to be based on neighbor's input, and this is definitely input leaning toward the single-family structure. Shaw said that is an underlying zoning issue. Skaugstad Jr. suggested making the down zoning comment to the Council and having them read between the lines to determine what the Commission really wants to accomplish by down zoning. Heald asked what difference his input would have made at the Planning and Zoning Commission meeting. Kugler said the RS-8 zoning has been in place for quite some time. He said on the subdivision issue the City has very little room to deny something if it meets the technical requirements of the zoning ordinance. To deny a project that met the requirements, there would have to be some overriding public health, safety or welfare-type issues or street and traffic issues involved. He said the Council could also deny the subdivision based on overriding historic preservation issues, and that is why staff originally brought the issue to the Commission. But in this case, it was staff's opinion that there was not enough of an argument to recommend denial. Heald asked if staff could note that there has been some subsequent concern by Commission members, and they think that there is a character to the neighborhood that calls for larger lot widths. Shaw asked Kuenzli to restate his motion. Kuenzli said he would incorporate the down zoning issue into his motion. The motion failed by a vote of 1-7. Shaw suggested considering the following language for a motion: "Based on concerns expressed to the Commission by residents of the Summit Street Historic District, the Commission requests that the underlying zoning of RS-8 in the Summit Street Historic District be assessed to determine if RS-5 is not a more appropriate zone for this area. If it is, the Commission requests that Council move with all haste to down zone the area at RS-5." Pugh said he would delete the last sentence. Shaw said he would like to see some action implied through the request instead of just an assessment. C. Kuenzli said if the Commission recommends that, then the Summit Street neighbors can get together and petition for the down Historic Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 8 zone. Cairns said everyone who spoke at this meeting could go into the Council meeting tonight and make their same arguments. Gersh suggested adding the sentence, "Many Summit Street neighbors have brought to the Commission's attention the fact that the proposed subdivision is out of character with respect to lot size on the street as a whole." There was no consensus for adding this statement. MOTION: Shaw moved to present the following to the Council "Based on concerns expressed to the Commission by residents of the Summit Street Historic District, the Commission requests that the underlying zoning of RS-8 in the Summit Street Historic District be assessed to determine if RS-5 is not a more appropriate zone for this area." Gersh seconded the motion. The motion carried by a vote of 8-0. Shaw said someone should read the motion to the Council. Kuenzli said he would as a representative from the Summit Street Historic District to the Commission. Cairns suggesting letting the residents make their comments instead of the Commission commenting. Kuenzli said he would read the statement as a member of the Commission and not include his own opinions. Cairns said he could go on the record as a Summit Street resident to state his opinions. Shaw said he would prefer to send a memo over to the meeting and have it read into the record. Kugler said the Commission could only send one member to the Council meeting to keep quorum at this meeting. Pugh, Shaw and Michaud said the clerk should read the memo into the record tonight. Shaw said that if the clerk would not read the memo into the record, it would be appropriate for Kuenzli to read it. (Kuenzli left the meeting at 7:10 p.m.) Shaw suggested having a special meeting to discuss the remaining agenda items. It was decided that necessary items would be discussed, but the rest would be deferred to the January meeting. DISCUSSION OF MONTGOMER-BUTLER HOUSE STABILIZATION PROJECT: Shaw said the item has been put on Council's agenda and the public hearings have all been scheduled. He said it calls for all the construction on the grounds to be completed before the ground thaws. Shaw said that Council has not yet approved the plans, but they have agreed to stabilize the structure. CONSIDERATION OF MINUTES FROM THE OCTOBER 23, NOVEMBER 4 AND NOVEMBER 10 MEETINGS: MOTION: Shaw moved to approve the meeting minutes from October 23, November 4 and November 10 as submitted. Widness seconded the motion. The motion carried by a vote of 6-0. COMMISSION INFORMATION/DISCUSSION: Histodc Preservation Commission Tuesday, December 9, 1997 - 5:30 P.M. Page 9 Widness said she had a small suggestion on page 3 of the RFP for the Odginal Town Plat Survey, Phase II. She wants the language to read, "The ICHPC is responsible for soliciting the assistance of volunteers to work on the project. Consultants will be responsible for training and coordinating the work of all such volunteers. Their duties may include any or all of the following .... and any other duties as directed by the consultant ". Shaw said they need to retain the idea that this is not a promise to the consultant that there will be volunteers. Widness said to leave the RFP the way it is and disregard her changes. Pugh explained the purpose of the RFP to Commission members. Members discussed problems with the last RFP, and ways to improve this one. Kugler said staff would like to take out the survey boundaries/amendments section on page 5, and get proposals based on the overall project. If parts need to be shaved off to fit within the reduced budget, they can negotiate that with the chosen consultant. MOTION: Cairns moved to accept the RFP as amended. Michaud seconded the motion. The motion carried by a vote of 7-0. ADJOURNMENT: Shaw adjourned the meeting at 7:34 p.m. Minutes submitted by Traci Howard. ppdadmin~mins~hpc12-9.doc MINUTES HOUSING & COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 1997 MEMBERS PRESENT: Daniel Cilek, Denita Gadson, Rick House, Jayne Moraski, David Purdy, Kathleen Renquist, Gretchen Schmuch MEMBERS ABSENT: Sandy Kuhlmann, Bill Stewart STAFF PRESENT: Maurice Head, Steve Long, Maggie Grosvenor, Traci Howard CALL TO ORDER: Chairperson Schmuch called the meeting to order at 6:30 p.m. CONSIDERATION OF THE OCTOBER 16, 1997, MEETING MINUTES: Renquist said on page 7, the last sentence under "New Business" should read, "He said that he is still working on..." instead of "... working of..." On page 6, in the first paragraph under "Monitoring Reports," the Clear Creek Amana school district let them rent one bus, not buses. (Gadson arrived at 6:32 p.m.) Schmuch said on page 5, the first sentence of the last paragraph should read, "...dividing up leveraging in various ways" instead of "...giving up leveraging." MOTION: Moraski moved to approve the October 16, 1997, meeting minutes as amended. Cilek seconded the motion. The motion carried by a vote of 7-0. PUBLIC/MEMBER DISCUSSION OF ITEMS NOT ON THE AGENDA: There was none. IOWA CITY HOUSING AUTHORITY PRESENTATION AND UPDATE: Grosvenor said that she would be taking a more active, educational role with the Commission. She presented some quick facts and information about various housing programs so members could be informed about them. She said in Iowa City, the City Council serves as the governing board for the Housing Authority program, and the Commission serves as an advisory body. Grosvenor went over the process of obtaining Section 8 certificates, vouchers and the housing process from a tenant's point of view. She said a person comes into the Housing Authority office and applies for housing assistance. Then the office determines if that person is eligible, depending on his/her income and if they meet the community's selection criteria. She said in Iowa City, families get priority over single people for housing. Once the person is deemed eligible, the office sees what assistance is available. She said with the voucher program, the tenant can look for any housing in any price range, but with the certificate program, the tenant is bound by fair market rent levels established by HUD. She said if a tenant finds a property over the payment standard, and they are in the voucher program, the tenant will pay the difference between the payment standard and the actual rent. She said that in both programs the unit had to be rent reasonable which is MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 1997 - 6:30 P.M. PAGE 2 determined by the Housing Authority. She said on the certificates the tenants use the fair market rent figure and pay 30 percent of their adjusted income for rent and HUD picks up the difference if there is one. Cilek asked if the tenant could chose which program to use. Grosvenor said it depended on tenant choice and availability of the certificates and vouchers. Moraski asked if a tenant would get money back on the voucher program if they found a place below the fair market rent. Grosvenor said no. Cilek asked what a tenant's income is based on. Grosvenor said income includes wages, social security and disability income payments, but there are some medical and child care deductions allowed. She said the income guidelines are based on the number of persons in a household. She said Iowa City has the highest fair market rent in the State. She said the occupancy percentage is based on the number of vouchers and certificates allotted to Iowa City that are leased. She said 97 percent are currently leased, but tenants are in various stages so it could be a volatile number. Cilek asked if the tenant goes out and finds their own unit. Grosvenor said yes, but the Housing Authority would assist them if needed, and they encourage local landlords to post vacancies in the Housing Authority office. She said when the tenant finds a unit they like, they take a request for lease approval document for the potential landlord to sign, and the Authority inspects the unit. Cilek noted that the Housing Authority is always near 100 percent leased with Section 8 housing. Grosvenor said yes, and there is a long waiting list. She said that one of HUD's regulations is that if a tenant leaves the housing program, their certificate or voucher must be held for 90 days before it can be reissued. She said if the certificate or voucher is being held, no administrative fees or rents are paid, so it is difficult for some Housing Authorities to determine their available funding. She said the Iowa City turnover rate is 19 percent. Grosvenor said the public housing program in Iowa City is small in terms of the number of families served. She said that some people are opposed to public housing because it does not pay property taxes. She said they do pay a PILOT, which is Payment in Lieu of Taxes, that is based on tenant rent and is used the same way as property taxes. She noted a table that showed $10.1 million federal dollars coming into Iowa City because of the public housing programs from 1983-98, and said that money has been rolled over in the community. She said that if people are going to be opposed to public housing, they also have to be opposed to that federal money coming into the community. Cilek asked why public housing does not pay property taxes. Grosvenor said it is a break for helping low-income people. She said that public housing is only supported by federal money, not by tenant rent. Cilek asked Grosvenor to describe an average tenant. Grosvenor said that 54 percent of the tenants in Iowa City are families, and 46 percent are disabled, elderly or handicapped. She said that there are some elderly people on the waiting list. Schmuch said Johnson County has the lowest percent of elderly people in the state. Cilek said he thought it was important to publish the percentage of families using the program, and that 81 percent of tenants are white, despite the fact that people may think the majority of tenants are minorities. Grosvenor said that tenants are working. She said with Section 8 housing, 27 percent of tenants have employment as their primary source of income, as do 54 percent of public housing tenants. MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 1997 - 6:30 P.M. PAGE 3 She said that Iowa City has very nice public housing units, and families need homes, neighborhoods and a good atmosphere to grow and be successful. Cilek asked how long the average tenant stays in the assistance programs. Grosvenor said she was not sure. She explained Iowa City's Housing Authority jurisdiction and how they can reach-out to local areas that do not have Housing Authorities. Moraski asked if the figure for 1 percent out-of-state was based on portability. Grosvenor said yes. Cilek asked about public housing maintenance. She said the Housing Authority helps the elderly and disabled that cannot mow their yards and shovel their sidewalks, but able-bodied tenants either have to do it themselves or the City charges them a fee to do it. Cilek said there are a lot of misconceptions regarding public housing. Grosvenor said that one of her objectives is to educate the community, so she is willing to speak to other groups about the issue. Cilek asked if the Housing Authority works with other local agencies when helping tenants. She said that they do a lot of information referrals to educate the individuals. Purdy asked if there was a future trend regarding vouchers and certificates. She said the future trend is toward containment of both, meaning no increases in the available amount of either. She said no new certificates or vouchers have been issued in five years. She said all of the federal cuts and changes are budget driven, so the Housing Authorities have to be creative in networking and using their resources. Cilek asked if there were people in Iowa City who are in need of housing assistance and are not being helped. Grosvenor said there are consistently between 600-700 people on the waiting list. Purdy asked if there were preference points. Grosvenor said the federal preferences are people who are homeless, people who have no permanent home, people who are paying more than 50 percent of their income to rent and people who live in substandard housing. Cilek asked if he was a single mother, how long would it take him to get housing assistance. Grosvenor said it would depend on the turnover rate and the 90- day holding period, but she would guess that he would probably not get assistance for at least one year. Grosvenor said the Tenant Based Rent Assistance (TBRA) program is for family self- sufficiency and people can bypass the assistance waiting list if they are willing to participate in this program. She said she would go into more depth about that program at another meeting. She said there are currently nine people selected to participate in the Tenant to Ownership program, and there are five financial institutions willing to provide financial backing. The nine potential participants have to pay an earnest fee of $125, and then the Housing Authority office will order the appraisals to get the process going. DISCUSSION OF FYgg CDBG/HOME ALLOCATION PROCESS: Long said staff decided to move up the process one week, so the applications will be available on December 22. He said he would bring a sample of the application for members to look over before they are made available to the public. He asked members to look over the proposed dates for the February 18 and 19 meetings, and explained the length and process of the meetings to new members. Renquist said she could not attend the March 19 meeting, and she would be gone from March 14-28. Cilek said he will be gone from February 6-17, but he could get his reading done early. Schmuch said that April 14 is on a Tuesday, and the Commission usually meets on Thursdays so the meeting date should be changed to April 16. In response to the discussion, Long suggested March 12 as the date for funding recommendations. Schmuch said that one week is a reasonable MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 1997 - 6:30 P.M. PAGE 4 turn-around time, and that meeting is the last chance to ask questions and argue points about the different projects as a group. Head said that everyone's ranking sheets would be due by March 6 at 5 p.m. Schmuch said the ranking sheets are handed out at an earlier meeting, so members can have drafts of their sheets ready to go between February 19 and March 5. Long said that people from the applying agencies will probably attend the March 5 meeting. He said the current time limit for presentations is 20 minutes, but that could change depending on the number of applications received. Schmuch suggested doing some pre-emptive education for City Council regarding the funding. Head and Long said they would try to get that on one of Council's Monday informal meeting agendas in February. Purdy asked if the Community Housing Forum projects would affect the funding pool for this year. Head said possibly, that there are $200,000 of HOME funds requested in the report with $150,000 for the revolving pool and $50,000 for down payment assistance. Schmuch said she wanted to review the applications to make sure the ranking sheet changes would be reflected on the applications. She said that last year, members discussed requesting more overall agency budget information for each applicant to help assess a project's value. Long said that he would make a copy of the United Way budget page for members to review at the next meeting. MONITORING REPORTS: Emergency Housing Project: Purdy said the Commission allocated $1,800 to EHP to remove their second floor carpet. He said the carpet was removed and replaced with a durable, water-based finish for roughly $400 less than the allocated amount. Elderly Services Agency: Gadson said that the Commission allocated $28,000 for the Small Repair Program. She said that they have assisted 14 households and employed 11 people to date. She said there is still about $8,000 that will be used on upcoming projects. Most of the projects were ramp installations and bathroom remodeling. SBDC Microenterprise Training: Gadson said she and Bill Stewart spoke with Paul Heath about the program. As of early October, there were 34 people enrolled in the nine-week class. She said that while low- and moderate-income people are targeted, anyone can enroll in the class. People who are not in the low- or moderate-income categories would have to pay a fee for the class. She said that two couples were enrolled, but Heath did not have a statistical breakdown about martial status, race, and whether students were heads of their households. She said the next class begins in February, and the program is open to people outside of Johnson County. She said that one student had a proposal to export pig's feet to China, and the levels of plan sophistication and the individuals' educational backgrounds varied. She said another student wanted to do something with microchips, while others were not sure what they wanted to do but they were trying to generate some ideas. She said students' income levels varied between $0 and $55,000. She and Stewart asked if there was a follow-up after the class, and Heath said they would like to do some tracking of former students, and SBDC would be available to give technical assistance once students had completed the program. Swenson and Associates: Purdy said that he could not get a hold of Liz Swenson. Head said that staff was trying to get an agreement signed with Swenson. Generally staff likes MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 1997 - 6:30 P.M. PAGE 5 to enter into the agreement with a legal entity or limited partnership, and Swenson wants to be the sole proprietor. He said she would be in the office on November 21 to discuss that issue. Purdy said $68,238 was allocated. Schmuch said the initial proposal was for four units. Long said he was pretty sure a site had not been identified yet. HACAP: Purdy said that they were not in the initial funding process, but AI Axeen, H^CAP Director came to the Commission in June to ask for emergency funds to replace 14 stoves at the Broadway Street apartments that were 15-years old. Funding, $4,886 in the form of a zero percent interest loan with the first payment deferred until February 1998, was allocated at the August Commission meeting to replace the stoves. He said the stoves from Budget Appliance were put in this week. Iowa City Fire Department end U of I Bum Center: Renquist said they received $6,000 for an educational video and to install smoke alarms into mobile homes. She said they got the smoke detectors at a discount, but they are not done with the video yet. They also burned a mobile home as part of an educational event to show how quickly fire spreads in mobile homes. She said they had a Fire Safety Fair, and sent out 928 post cards to remind people about it. They are starting a database to include demographic information for each mobile home. She said that they are very excited about the video because there is a possibility it could be shown at an American Burn Association convention in March in Chicago because there is not much literature on fire safety in mobile homes. She said that when the video is finished, it will be made available for Commission members to view. Long said there were about 150 people at the mobile home Fire Safety fair, with most of them being mobile home residents. He said that the fire was narrated, and it was a matter of minutes before the mobile home was completely engulfed and the temperature reached 1,400 degrees. Schmuch said that the monitoring reports for Habitat for Humanity and the Crisis Center would be added on to the December meeting. OLD BUSINESS: Head said the report from the Community Housing Forum Subcommittees will be presented to the City Council on January 26. He said hopefully, they will give staff direction on implementing the proposed housing strategies. Long said the housing market analysis is still ongoing. Head said the consultants are still working hard, and have asked for a 30-day extension. He said the problem they have run into is that some local property management companies do not want to participate because they feel they might lose the edge on their competitors if they give information. He said they are slowly coming around, and hopefully the consultants can stay on schedule. Renquist asked why it was difficult to obtain that information because the property management companies obviously maintain that information. Head said there seemed to be several reasons, including they feel that information is private to their business, they do not want their competitors to know v~hat they are charging, there is some animosity toward the City because of past experiences and feel they have been surveyed too frequently. Moraski said in her experiences, she met the same difficulties in that some MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION NOVEMBER 20, 1997 - 6:30 P.M. PAGE 6 individuals in those companies feel that information is their competitive edge. Head said that the consultants said for a city the size of Iowa City they have never seen so many property managers. He said it could be the first of the year before the report is done. Purdy asked if the consultants were talking to people in the income categories, or people that serve them. Head said they are trying to get a sample of all properties to show the housing market trends for Iowa City. He said their goal is to survey as many properties in town as possible. $chmuch asked if the Cedar Rapids Gazette article was representative of the ideas coming back. Head said yes, for the most part, but he was surprised about the consultant°s comment about getting elderly people into apartments so families could move into their homes. He said this is the first study of this magnitude to be done in Iowa City. Long said that there would be time for some dialogue before the report is finalized. NEW BUSINESS: Long noted the economic development information from the City of Dubuque, and information from other projects across the country included in each member's agenda packet. He also included Iowa City's adopted economic development policy and the established criteria for members to keep in mind as the next funding cycle comes around. Schmuch said that members should encourage people to apply for economic development funds. Head said that staff would prepare some hypothetical projects to test the new ranking sheet at the December meeting. Long said that the 1994 Flood money was spent this month on the Wylde Green Road project and that staff is preparing an Amended Grantee Performance Report (GPR) to be submitted to HUD. Cilek asked when they would know how much money would be available to allocate for CDBG/HOME funds this year. Head said staff should know that figure in the next week or two, and they would send a memo to Council and HCDC members. Cilek asked if staff could include the amount of money currently in the contingency fund in that memo. Head said he thought the amount was around $95,000 plus the money from the Meadow Wood Senior Apt. project and that he would make the information available. ADJOURNMENT: MOTION: Purdy moved to adjoum the meeting. Renquist seconded the motion. The motion carried by a vote of 7-0, and the meeting was adjourned at 8 p.m. Minutes submitted by Traci Howard. MINUTES IC~A CITY AIRPORT C(]~4ISSION THURSDAY NOVEMBER 13, 1997 - 5:45 P.M. I(YWA CITY TRANSIT FACILITY MEMBERS PRESENT: Howard Horan, Dick Blum, John Penick Rick Mascari, Pat Foster STAFF PRESENT: Dennis Mitchell, Ron O'Neil C~T.T. TO ORDER: Chairperson Foster called the meeting to order at 5:46 p.m. quorum was present. APPROVAL OF MINUTES: The minutes of the October 16, presented. AUTHORIZATION OF EXPENDITURES: A 1997, meeting were approved as No comments were received. ITEMS FOR DISCUSSION/ACTION: a. ACSG project - contract amendment - Greg Bridger said ACSG is ready to make offers on the Fitzgarrald, Schellin, and Schintler parcels. There are several other parcels that the initial interviews have been conducted and the appraisals ordered. A survey has been conducted on the Dyer property. It will help determine whether or not the Dyers can keep the motel. Horan made a motion for a resolution to amend ACSG's contract to allow for David Brown to provide legal services. Dilkes will be on maternity leave about the time there will be a need to review the land offers. Mascari seconded the motion and at roll call vote, the motion passed 4 - 0, with ?enick being absent. b. Gordon ,Aircraft business agrc-----~ent/lease - O'Neil said Gordon's agreement expires in February of 1998. Gordon would like to assume the HLM contract and negotiate the contract directly with the Commission. Blum said he would like to take HLM out of the link entirely. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: Horan made a motion to approve the bills. Mascari seconded the motion and it was approved 3 - 0. Fhe Commission directed O'Neil to contact HLM to see if they would be interested in terminating their lease. Mascari said Gordon should be contacted to see if he is interested in taking over the lease from HLM. c. Public Works site - Mascari said he preferred to have the PW site being on the south location. He had a concern about the water detention area and the attraction it might have for waterfowl. O'Neil said the ASOS equipment would have to be moved. Public Works is aware of that and it was considered as part of the site development cost. O'Neil said an appraisal would have to be conducted to determine fair market rent. He will have an appraisal conducted for the site. Mascari made a motion to have an appraisal conducted on the Airport property in the southeast corner of the Airport. Blum seconded the motion and it was passed 4 - 0. d. North Cc~m%ercial area - Mascari handed out an outline of ideas concerning private vs. public development of the North Commercial area. He thought the Commission should proceed with an RFP for a private developer. Jim Larew, representing the Science Center, said that non-profit educational institutions may be exempted from federal assurances that require fair market value rent. The question is whether the Science Center would qualify under this rule. Larew will find out what the proposed rule making is concerning this subject. O'Neil said one of the ideas that came out of the November 10th Council/Commission meeting was to have a joint committee to determine who should develop the property and who should market and manage it. Foster appointed Mascari and Blum to represent the Commission on the committee. The Council is involved because a long term lease may be viewed the same as selling the property and the Commission does not have authority to sell the property. Blum said the FAA has real concerns about a private developer developing Airport property. A private developer puts another layer of control between the Airport and the airport property. The FAA would consider any restriction of control as significant. The length of lease was discussed. Greg Apel, a local developer, said if he was the developer, he would want at least a twenty-five year lease, with two twenty-five year options. Mitchell will research how long of a lease is acceptable to the FAA. Blum said it may be possible to have the City put in the infrastructure and then have a private developer manage and market the property. Horan said the Commission should set a deadline for making a decision on who will develop the property. e. Airport entrance sign - O'Neil presented the Commission with a conceptual drawing fo~ a new entrance sign. Blum said it should have the new name as shown in the Master Plan. O'Neil said the design is similar to the new entrance signs the City of Iowa City is installing. Penick said he likes the idea of having Airport businesses listed on the sign. There was discussion concerning the name. O'Neil said before a final decision is made, the Commission will have an opportunity to see one of the City's new entrance signs. The sign on Melrose Avenue will be installed in the next couple of months. f. DTN Aviation Weather service - Mascari said he would like to see the Commission buy an additional weather package to go with the basic DTN weather service. O'Neil said he asked ICFS if they would be interested in picking up the difference in the monthly fee between the basic package and the weather package. They would be a major user of the information. Jones said he would not be interested in paying the extra $ 38 per month. He thought the same information was available through other sources for free. Blum said there may be a corporation that would be interested in sponsoring the service. Mascari will look into this possibility. CHAIRPERSON'S REPORT: No items were presented. C(~%4ISSION MEMBERS' REPORTS: No items were discussed. ADMINISTRATIVE REPORT: O'Neil reported, in response to a question at the last Commission meeting, that an elevator for the Airport Terminal would cost $ 25,000 to $ 30,000. O'Neil received information on an automated UNICOM system. It would provide airport information after hours and at other times when no one answers the UNICOM. He will contact the IDOT to see if this could be funded through a State AIP grant. An FAA approved single light Pulse Light Approach Slope Indicator (PLASI) for Runway 12 would cost $ 12,000, plus installation. It would be less expensive than a PAPI or VASI light. Jones, from ICFS, requested the Commission install sheen metal cn the west wall of the United hangar tc prevent the window glass from falling out. O'Neil said that occasionally, with a very sErcng wind, a window panel will become loose and fall out. The Commission directed O'Neil to see if there is a low cost solution to the problem, such as netting. The building is scheduled to be torn down or moved in the near future. A new Commissioner will be appointed at the December !6th Council meeting. John Penick resigned. He is moving to North Carolina. O'Neil said he received an estimate of $ 5000.00 to have a conceptual drawing completed for renovation of the Airport Terminal. Mascari and Horan will meet next week to discuss the project. Foster and O'Neil met with E.K. Jones, from ICFS, to discuss the FBO's hangar requirements. The maintenance shop will require major renovation or replacement soon and the United hangar has a limited life. It was decided that the best way to meet short term and long term hangar needs is to build a 100' by 100' hangar south of the Airport Terminal. ICFS has four years left on their contract. Hangar requirements will be a future agenda item. Foster presented Penick with a plaque and thanked him for his service on the Commission. Penick is resigning and will be moving to North Carolina. The Commission members thanked Penick for the time he volunteered to the Commission and the Airport. SET NEXT MEETING: The next regular meeting is scheduled for December 11, 1997, at 5:45 p.m. The meeting adjourned at 7:41 p.m. Pat Foster, Chairperson MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 10, 1997 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran MEMBERS ABSENT: Bill Haigh, Patricia Eckhardt STAFF PRESENT: Bob Miklo, Sarah Holecek, Ron Boose, Traci Howard OTHERS PRESENT: Roger Larson CALL TO ORDER; Miklo explained that because both the Board chairperson and vice-chairperson were absent, a temporary chairperson would need to be elected to preside over this meeting. MOTION: Brandt moved to elect Bender as the temporary chairperson for the meeting. Corcoran seconded the motion. The motion carried. Chairperson Bender called the meeting to order at 4:42 p.m. ROLL CALL: Bender, Brandt and Corcoran were present for the roll call. CONSIDERATION OF THE NOVEMBER 12. 1997. BOARD MINUTES: MOTION: Brandt moved to approve the November 12, 1997, Board meeting minutes as submitted. Corcoran seconded the motion. The motion carried by a vote of 3-0. SPECIAL EXCEPTION ITEMS: EXC97-0030. A public hearing on an application submitted by Roger G. Larson for special exceptions to reduce the front yard requirement along Clinton Street, and to modify the required off-street parking for property located in the Intensive Commercial (C1-1) zone at 802 S. Clinton Street. Miklo said the applicant has requested two special exceptions to allow two metal buildings to be built over two existing buildings on the property. He said the existing buildings do not comply with the front yard setback requirement, and the request is to allow them to continue in that condition. He said the proposed construction would result in a "roof" over the two existing buildings with additional second-story warehouse floor area under this "roof" that currently does not exist on the property. Miklo said two alternative plans were submitted by the applicant, and both plans contain a number of deficiencies in terms of complying with other elements of zoning, building code, and site plan regulations that would need to be resolved if the requested special exceptions are approved. He said the first plan proposes an open parking area on the south side of the property and the retention of the existing buildings with a roof and partial second floor constructed over the existing buildings. He said the plan relies on adjacent property for access, because the proposed parking lot is only capable of Iowa City Board of Adjustment Minutes December 10, 1997 - 4:30 P.M. Page 2 serving one-way traffic. The applicant has submitted a draft agreement from the railroad to allow temporary use of its property. Miklo said the second version of the plan calls for a covered parking area with a two-way aisle on the south side of the property. He said the existing buildings would remain on the site and the applicant's objective continues to be to build over those existing buildings, not to put up new structures. Miklo said the requested front yard reduction in the first proposal is 58 percent, which staff feels is a substantial reduction. In the second plan, there would be a 100 percent reduction in the front yard along Clinton Street, which is even more substantial. He said staff feels that adding new construction over the existing dilapidated structure that encroaches five feet into the Clinton Street right-of-way, and into a substantial portion of the front yard would exacerbate a nonconforming situation and would result in a building that would not be an aesthetic improvement or an upgrade to the neighborhood. Miklo said if the two existing buildings were removed, it would be possible to construct a building on the site that could comply with the front yard setback and allow room to place the required parking on-site, or at least require less of a special exception. Miklo said in terms of the off-street parking requirement, the Board can grant a special exception to allow not more than a 50 percent reduction in the required number of parking spaces where it can be demonstrated that a specific use has characteristics such that the number of parking spaces required is too restrictive. He said in the first plan, the parking being provided equals eight spaces. The applicant is therefore requesting a 60 percent reduction in required parking, and that would require a variance instead of a special exception. With the second plan, 12-14 spaces would be required, and the reduction would be within the 50 percent allowed by the code. He noted that the applicant has not provided a compelling reason as to why a reduced number of parking spaces should be allowed. Miklo said in the first plan, the parking layout requires the crossing of the railroad and agreement from the railroad to allow that crossing. He noted that the agreement submitted by the applicant is temporary; the railroad can terminate that agreement with a 30-day notice. If this occurred, it would result in a parking situation that was in noncompliance, because it would require vehicles to back into the street. Miklo said with regard to the seven general special exception standards, staff feels that allowing a two-story new building to be constructed over the condemned west building, with the old structure continuing to protrude into the Clinton Street right-of-way, does not appear to be in the public interest or beneficial to neighboring property owners. Allowing a parking reduction, which the applicant has failed to justify, in a tenuous parking design would, in staff's view, exacerbate the nonconforming situation. Miklo noted that increasing the nonconformity of the existing situation would run contrary to the intent of the Zoning Chapter to eliminate nonconforming situations as redevelopment occurs. He said in addition to the requested exceptions, there are a substantial number of building code violations that need to be addressed to bring this project into code compliance. In staff's view, these deficiencies should be resolved prior to the applicant seeking to construct any new structures on this property. Iowa City Board of Adjustment Minutes December 10, 1997 - 4:30 P.M. Page 3 Miklo said staff recommends that EXC97-0030, a request for a special exception to reduce the front yard setback requirement along the Clinton Street right-of-way from 20 feet to zero feet along the 52-foot length of the existing west building be denied, and a request for a special exception to reduce the off-street parking requirement be denied for property located in the C1-1 zone at 802 South Clinton Street. Miklo noted comments from neighboring property owners. He said Allen Marks, 821 South Clinton Street, indicated that he objects to the proposed special exceptions, and feels they are contrary to the recent building upgrades in the area. He is concerned that the proposed design would be a detriment to the neighborhood and commercial property values in the area, because it requires that the existing dilapidated buildings remain on the property. Miklo said Rick McDougal, who owns and operates RT's which is a restaurant in the area, called to say that he is concerned with spillover parking that may occur onto his property, because sufficient parking is not provided in the area. He expressed concerns about the appearance of the proposed construction. The public hearing was opened. Roger Larson. Lot 35. Hillto[) Trailer Court, said there are currently cars backing up along most of both sides of South Clinton Stree[. He said in both of his proposed arrangements, cars are not backing up unless the railroad denies the access. He said the City approved the proposal to parallel the railroad when he moved into the buildings years ago. He said he was told that if he maintained that access he could continue to parallel the railroad to the alley way. He said he has been struggling for over a year to protect his buildings. Larson said he was angry that McDougal questioned spillover parking because patrons of RT's park in Larson's spaces all the time. He said there has been plenty of parking for Secret Pizza in the past, and he does not understand why staff feels that he needs 14-20 parking spaces. He said he has told staff that he does not have to put up the second floor. He said he does not remember ever having to provide nine parking spaces for Secret Pizza in any of its past locations. Larson said the additional reduction of the front yard leaves just inches on the north side of the building, so there would still be some front yard on the north side of the building. He said he has never argued against dealing with the code violations, and said he is more than willing to put in new electrical and plumbing work, but he has been advised to wait until this process is completed before he starts any of that work. He said since he is proposing new construction, he thought that would be viewed as an improvement to the site. Larson said on the front yard, he is eager to know how staff can justify destroying his buildings for the sake of a front yard when most of his neighbors do not have much front yard. He said his main direction is to preserve his buildings, and he is willing to put grass up above on the second floor awning if the City wants him to have more green space. Miklo said staff has proposed several alternatives to the applicant, all of which required the removal of the condemned building. Larson said he tried to put a new roof above the condemned building, but staff and the Board turned it down. He said the Iowa City Board of Adjustment Minutes December 10, 1997 - 4:30 P.M. Page 4 weaknesses in the condemned building were caused by the strength and age of the building, not necessarily the upkeep. He said he understood that constructing the pole building around the condemned building would be one way to preserve the condemned building. Larson said he would like to see staff's explanation as to how he is illegal with the parking requirements. He said on the back building it would seem more accurate to consider it a metal roof on top instead of an entirely new building. He said it has been difficult and frustrating to deal with the changes in the process. He said he had a plan last year that he thought was to be recommended for passage that had one tree and some grass, and was similar to one of the proposed plans before the Board today. Then there was a change and staff decided to recommend denial. Since then he said he has presented plans that destroyed more of his building and put down more grass and trees. Larson said he would like to hear the justification for destroying his building for the sake of grass and trees. He said he thought he has provided for enough parking for the needs of Secret Pizza. He said he would be willing to kill Secret Pizza at that location if the parking reductions are not allowed and use the building for storage, but he is not eager to do that. The public hearing was closed. MOTION: Corcoran moved to approve EXC97-0030, a request by Roger G. Larson for a special exception to reduce the front yard setback requirement along the Clinton Street right-of-way from 20 feet to zero feet along the 52-foot length of the existing west building and a request for a special exception to reduce the off-street parking requirement for the property located in the C1-1 zone at 802 South Clinton Street. Brandt seconded the motion. Brandt said he reviewed the previous application a year ago, so he is familiar with the property and some of the trials and tribulations Larson has gone through trying to save it. He said the issue is whether or not a nonconforming structure should continue to be nonconforming. He said in this case, the Board is being asked to make the property more nonconforming than it already is. He said the property itself has no features that make it difficult to conform, and the proposed setback change is very substantial in both plans. Brandt said the construction proposed by Mr. Larson could be a detriment to the neighborhood because of the further encroachment into the right-of-way. He said since multiple plans have been submitted and different arrangements proposed, it is difficult for the Board to focus on the evidence and make a decision. He said the proposal is also contrary to the City's Comprehensive Plan regarding property setbacks. Brandt said the parking reduction request is also very substantial, and he will not support the motion. Corcoran said she would not be in favor of either special exception. She said south of Burlington Street is supposed to be the growth area in the Iowa City Growth Plan. She said she has problems with the structural situation and the huge yard reduction being requested. She said she did not think the applicant had justified the parking reduction, and she was troubled by the fact that the railroad could rescind the crossing agreement with a 30-day notice. Iowa City Board of Adjustment Minutes December 10, 1997 - 4:30 P.M. Page 5 Bender said the proposed encroachment into the required front yard setback area is extremely substantial. She said the existing building already protrudes into the right-of- way, and the request would cause more noncompliance, which goes against the Comprehensive Plan and the intent of the Zoning Chapter. She said she was concerned with the proposed type of building being constructed in that neighborhood, the neighbors' concerns with the parking, and traffic safety issues that involve the railroad crossing and the one-way drive. She said she has safety concerns about putting a shell over a condemned building that has caused many concerns for the Housing and Fire Departments. She said she did not think the applicant has proved that there are no feasible alternatives to the situation. She said she could not in good conscience approve the requested special exception. The motion failed on an affirmative motion by a vote of 0-3. OTHER Miklo said if the Board members have any comments about the City's budget proposal, they can address the City Council January § at 6 p.m. He said members should notify Melody Rockwell so they can be scheduled in, but generally the Board has not appeared on budget items. Miklo said Patricia Eckhardt's Board position is still vacant. The Council has received one application, and applications will be accepted until Monday, December 15. The appointment will be made Tuesday, December 16. BOARD OF ADJUSTMENT INFORMATION: Brandt reminded members of the luncheon for Eckhardt on Wednesday, December 17, at Jimmy's Bistro. Bender asked if everyone would be able to attend the January 14 meeting. All three members said they would be able to attend. ADJOURNMENT: MOTION: Brandt moved to adjoum the meeting. Corcoran seconded the motion. The motion carried by a vote of 3-0, and the meeting was adjoumed at 5:32 p.m. Board Chairperson Board Secretary Minutes submitted by Traci Howard. IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, DECEMBER 10, 1997- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET Name 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Address MINUTES IOWA CITY BOARD OF APPEALS MONDAY. DECEMBER I. 1997 - 4:30 P.M. LOBBY CONFERENCE ROOM. IOWA CITY CIVIC CENTER MEMBERS PRESENT: Anna Buss, Robert Carlson, Gary Haman, Wayne Maas, Tom Werderitsch MEMBERS ABSENT: John Roffman, John Staska STAFF PRESENT: Ron Boose, Roger Jensen, Dennis Mitchell, Kathy Zuckweiler OTHERS PRESENT: GaD' Fitzpatrick, Harry, Hinckley !. CA!.I. TO ORDER The meeting was called to order at 4:35 p.m. by Chairman Carlson. 2. APPROVAL OF MINUTES OF NOVEMBER 3, 1997 MEETING Carlson noted three amendments he wished to make to the minutes of the November 3, 1997 meeting, then moved to approved the minutes as amended. Maas seconded. The motion can'ied unanimously 5-0. CONTINUE HEARING A REQUEST FOR A MODIFICATION OF SECTION 1006 OF THE. BUll .D[NG CODE FOR A STRUCTURE AT 4 ! 1 S. SUMMIT Boose stated that the plans shown to the Board at the November meeting were the plans submitted with the building permit application. Boose inspected the property with Fitzpatrick after the November meeting to determine the current condition of the stairs. Boose presented diagrams of the layout of the stairs and indicated that the problem exists with the headroom and the winders on the lower stairs not meeting code specifications. He indicated that the original building plans showed the existing stairs being torn out and replaced with code-conforming stairs. Carlson asked if the basement had been unfinished prior to the work undertaken with the building permit. Fitzpaa'ick replied that it was. Boose said that he understood that one of the questions raised at the November meeting concerned the need for building code compliance on the interior stairs since a conforming stair exists on the exterior of the dwelling. !n response, Boose stated that the Building Code requires compliance if the interior stairs exist, regardless of the existence of another conforming stairway. Buss asked if two exits exist. Fitzpatrick replied that there are three egress windows in addition to the exterior door. Boose said the question was not one of egress, but of stair safety. Boose also pointed out that the stairs are for internal circulation in one unit and the occupants of the unit would not use the exterior stairs to pass from one level to another. After some discussion of alternatives. Boose indicated to the Board that they either needed to grant a modification of the building code or insist on code compliance for the interior stairs. Carlson said that it would be difficult to meet the intent of the code with the current scope and quantity of deviations present in the stairs. Boose asked if Fitzpatrick had sought any professional guidance on stair design. Fitzpatrick replied that he had not. Iowa City' Board of Appeals December I, 199'7 page tw'o Haman moved to deny the appeal. Carlson seconded. On a vote of 4-l, with Buss opposed. the motion carried. Boose said he would work with Fitzpatrick to determine a timeline for compliance. HEAR A REQUEST FOR A MODIFICATION OF SECTION 310.4. TABI,E 5-A AND SECTION 1203 OF TI-IE UNIFORM BUILDING CODE FOR A STRUCTURE AT 630 S. CAPITOl, STREET Boose said that this four-stoo' apartment building was constructed on the south propert),' line with five-foot- deep covered balconies off of each unit. Boose stated that the Building Code prohibits openings in the building on the property line, and permits openings five feet from the propert),' line. Under the provision for openings five feet from the propert~' line, the sliding glass doors that open onto the balconies were interpreted to be permissible. The sliding glass doors provided natural light and egress for the bedrooms in the apashnents. Boose said that the current problem arose when the owner installed storm windows on the outside edge of the balconies, thereby enclosing them and impeding natural light and, most importantly, egress. Boose noted that the storm windows were installed without a building permit and the violation had been cited under the Housing Code as a light and ventilation problem. Hinckley said that he bought the building with the sliding glass doors and balconies existing. He said there had been continuing problems with persons entering the apartments illegally through the sliding glass doors which are protected from view by the covered balconies, and problems with storage of junk and debris on the balconies. Hinckley said he installed the storm windows to help prevent illegal break-ins and keep some of the debris out of the balconies. An additional benefit of the storm windows was the reduction of heat loss through the sliding glass doors due to the dead air space created between the door and windows. Hinckley pointed out that the adjoining property. to the south is ov,~ed by the railroad and contains no buildings. Carlson asked what the balcony flooring material was. Hinckley replied that originally it was rubber over wood. Werderitsch asked if the balcony was a wood structure. Hinckley replied that it is. Carlson asked for the Fire Department's opinion. Jensen said the Fire Department would not support two openings [storm windows and sliding glass door] to penetrate in the event of a fire. Carlson asked how the Fire Depa~hnent would respond of the sliding glass doors had the locks removed so they could be opened easily. Jensen said he thought that would be acceptable. Werderitsch asked if the issue was light and ventilation. Boose replied that light was not a problem and ventilation was possibly an issue. but the real question was egress and life safety,'. Carlson asked if the interior cou~'ard was open and if the building was sprinkled. Hinckley replied that it is open at both ends. Boose said that the building is sprinkled. Haman asked if enclosing the balconies created a storage problem. Hinckley said the problem was lessened by the installation of storm windows. Maas asked if removing the sliding glass doors was an option. Haman said that the lack of insulation on the balconies made it inadvisable to remove the doors. Carlson asked if the proximity of the openings to the property line was a problem. Boose replied that the setback on the north side of the building was acceptable but the south elevation was too close to the property. line. This was mitigated somewhat by the adjoining property being railroad right-of-way. Iowa City' Board of Appeals December I. 1997 page three Werderitsch said that the chief concern was safety' and asked if removing the locks on the sliding glass doors would alleviate this concern. Jensen replied that it would lessen the concern. Boose read the criteria for granting a modification of the Uniform Building Code. Carlson said that the area of the storm windows meets code specifications for egress and the lack of a lock and latch on the sliding glass doors eliminates the safety, problem. Additionally, the increased safew and protection of the tenants and energy efficiency make the storm windows a good option. Carlson said the setback problem could not be helped and asked Hinckley about the possibility' of obtaining an easement from the railroad. Hinckley said he would look into it. Werderitsch moved to grant the modification with the condition of permanently removing the locks and latches from the sliding glass doors. Maas seconded. The motion carried unanimously, 5-0. Hinckley said he would have the locks and latches removed from the sliding glass doors within one week. 5. OTHER BUSINESS Maas asked if Boose had distributed copies of the memo regarding the Fire Department to City' Council. Boose said that he had sent the memo to Council and he will distribute copies of that memo to the Board members for their review. Carlson asked how and when the change in the fire sprinkler requirements would be sent to Council. Boose stated that he would write an ordinance for Council to review, probably in early 1998. Boose also said that Council was aware of the change since the Board's recommendation had appeared in the minutes and ~vould expect an ordinance to follow that recommendation. Boose reminded the Board that the next deadline for the 130 Jefferson Street project xvas January 5, 1998, the date of the next Board meeting, for complete architectural plan submittal. 6. ADJOURNMENT Carlson moved for adjournment at 5:56 p.m. Werderitsch seconded the motion. The motion was unanimously approved and the meeting adjourned. Minutes submitted by Kathy Zuckweiler. Approved: Date IOWA CITY HUMAN RIGHTS COMMISSION MINUTES December 9, 1997 Meeting COMMISSION MEMBERS PRESENT: Mel Dautremont, Tom Dickerson, Pat Harvey, Joan Jehle, Charles Major, Diane Martin, Ann Shires, Jan Warren STAFF PRESENT: Heather Shank, Kaci Carolan GUESTS (PUBLIC) PRESENT: Julie Seal CALL TO ORDER: Chairperson Harvey called the meeting to order at 7:08 p.m. APPROVAL OF MINUTES: The minutes from the September meeting were approved. Shires/Dickerson. All in favor; no opposed. RECOMMENDATIONS TO COUNCIL: None. SENIOR CENTER PROGRAM - Julie Seal, Program Specialist at the Johnson County/Iowa City Senior Center was introduced. Ms. Seal was present to ask if the Commission would be interested in putting on a program at the Senior Center, perhaps during MLK week. This would be a daytime program, Ms. Seal was thinking perhaps an hour long. Al~er some discussion, the idea developed that the Commission (or a portion thereof) could speak at the Center, perhaps reviewing exactly what the Commission does, how the complaint process works, the main hutnan rights issues of the day, and then also speak to any human rights issue that might be more applicable to seniors. Age discrimination in housing was discussed as perhaps having particular applicability, and also age discrimination in employment (since seniors---even if they're retired from their primary profession- -may take part-time jobs, or start their own small businesses). Such presentations are generally scheduled for around 2 p.m. Harvey noted that the Commission had previously discussed doing a similar, expanded evening panel for the public next year, and the Senior Center presentation could function as a trial run. Although Seal was proposing this for January, she acknowledged that the weather sometimes interferes with winter presentations. After some discussion, it was decided that there was not sufficient time to put together a panel of the quality and substance which the Commission would want (especially given that there would not be another Commission meeting prior to a January panel). It was decided that the panel would be presented during May, which is Older Americans Month. MLK CELEBRATION - The Commissioners were provided with a list of activities UI is putting on during MLK week. Ms. Seal was able to discuss the two events the Senior Center is presenting, which are on Januao' 20 (Michael Lueckthrams "Out of Hitler's Reach: the Scattergood Hostel for European Refugees") and January 30 (Bums Weston, "Universal Human Rights in the Global Community: Challenging Goliath "). She also noted that Jean Shoots has accepted an invitation from the University of Iowa to be the speaker at the convocation that kicks off MLK week, which is scheduled for January 19, at 7 p.m. at IMU. Extensive discussion was held as to whether the Commission should try to put together some sort of event for Martin Luther King week. Warren suggested that we could present a panel/dialogue group with some of the people from the Diverse-Cities Team. This seemed particularly apt since the thing that D-Team members keep stressing is that they want more community-based discussion of racial problems and issues. Therefore, it was determined that it Human Rights Commission December 9 1997 Minutes Page 2 would be most appropriate if the panel focused on racism and race relations in Iowa City. Warren agreed to check with the library to see if Meeting Room A would be available for either January 26 or 29 (since Martin knew fi'om previous contact that the room was already booked for the rest of that week). If the room is available, Warren agreed to contact individuals to actually be on the panel. Possible members suggested were: Pastor Blount (Bethel AME Church); Pastor William Myers (Northminster Presbyterian Church); Julia Clark (Neighborhood Centers); Enrique Carrasco; Marian Coleman; Jason Chen; Ken Gatlin; Alberto Abreu; Matt Johnson; David Kossas; Jean Shoots; Kevin Butt; Fred Mirns; Ross Wilburn; and Derek Hall. It is anticipated that the panel would consist of perhaps 5 people, plus someone to serve as moderator. If the room is not available, potential February (Black History Month) dates were discussed. I-[ISTORICAL PANEL: As part of the outgrowth of this and the Senior Center discussion, Warren raised the possibility doing some sort of presentation sometime later in the year on the history of the Iowa City Human Rights Commission. Harvey noted that Branna Davidson was one of the early members of the Commission, and that perhaps a panel with her and some of the current members would offer an interesting historical perspective. A reception honoring the ~,~p~ members of the Human Rights Commission in recognition of the Universal Declamtion's 50 anniversary--was also discussed. MOVIE SERIES: Dickerson suggested that we combine our movie showings with panel discussions. For instance, if we show Raisin in the Sun, which focuses on black/white racial tensions, then following the movie we could have a panel discussion about racism in Iowa City. My Left Foot was suggested for our next movie (sometime in the spring, March at the earliest) or One Flew Over the Cuckoo's Nest, followed by a panel on disability issues. Shank agreed to check on price and availability,, and the remaining Commissioners were asked to think about alternate disability titles, as well as other topic/movie combinations. COMPLAINT CONSIDERATION BY COMMISSIONERS: Harvey wanted to compare how each of the Teams approached case review and decision-making. Team A has utilized a variety of methods. Sometimes they have physically sat down together, while other times time constraints have necessitated a telephone tag discussion, or sometimes just each individual reading the case on his/her own and then indicating their individual decision. In this latter case, unless there was a difference of opinion among the Team members, there would not necessarily be any kind of meeting. After the decision was reached (by whichever method) the Team leader would draft the opinion letter and the members would sign off on it. Team C indicated they have followed a similar method, utilizing a series of telephone calls to discuss the decision. The time limits for decisions (30 days) and everyone's schedules have pretty much made in-person meetings unworkable. Team B said they did the same. Everyone seemed comfortable with this. Team leaders will be responsible for touching base with the other team members prior to drafting the summary. It was agreed that if there is a difference of opinion among the team members, then an in- person meeting is required. The resulting dialogue will often resolve the split. but if not, then the majority opinion rules. TRAINING FOR NEW COMMISSIONERS: Harvey asked for reaction to the proposal that the new Commissioners be assigned a "buddy" with whom to sit down and review their first case (whenever they get it). A discussion followed as to how the various Commissioners approach case review. It was determined that it would be helpful for the Commissioners to have a packet that sets Human Rights Commission December 9 1997 Minutes Page 3 out the case law/elements for each type of complaint (race discrimination, hostile environment sexual harassment, etc.). Carolan and Shank agreed to prepare such a document. The "buddy system" approach was approved, following Shank's training of the new Commissioners (sometime in January). ICRC TRAINING: Will take place on April 30 and May I in Des Moines. ICRC pays all costs for local commissioners to attend, including overnight lodging. Major said he would be able to arrange for time off; the two new Commissioners will be encouraged to attend as well. OLD BUSINESS: Transgender Video: The video premiere took place before a near-capacity crowd. The panel discussion ran approximately one hour and fifteen minutes, and could have gone on longer had time permitted. The feedback has been uniformly positive. The video (which now includes the panel discussion) will be available for sale to any interested party for $25. Shank reported the Office of Affirmative Action at the University has already purchased a copy. Dr. Maclndoe intends to use the video in teaching his class at the University. Ordinance Revision: Administrative Closure: Council meeting was being held at the same time as this meeting. Second consideration is expected tonight. Shank will report at the January meeting. Warren: was supposed to draft three letters for Commission consideration. She had a draft of the Univision letter, but asked for input from the rest of the Commission. She will have dmfLs of the other two letters by the end of the week. NEW BUSINESS: Gazette Guest Opinion: Jehle provided a copy of a guest editorial that ran in the Gazette on 12/9 (having to do with the "homosexual agenda" vis4-vis efforts to include sexual orientation as a protected category). After some discussion, it was agreed that the Commission would not make a formal response. Dickerson indicated he may touch on this topic in his next writer's board column in the Press Citizen. Des Moines Commission: Apparently on December 11 the Des Moines Commission will be inviting public comment on whether to include sexual orientation in the Des Moines ordinance. Warren had received an e-mail asking for letters of support. A letter was drafted during the meeting, and Carolan will type and fax/send it. REPORTS OF COMMISSIONERS: Major: indicated he had contacted several state legislators regarding the land mine issue. He received an immediate response fi-om Congressman Leach, who pointed out that [Leach] had been a major sponsor of the matter in the legislature. Major said it was a really nice letter, and he was impressed with the speed of the response. Dautremont: From 12/12 through 12/15 there will be a holiday bazaar at the Summit Street Gallery. Jehle: In applying to be part of the University Club, Jehle had been disturbed to find the registration form asked for the applicant's name and then husband's name. Jehle wrote them a letter expressing her objections. Jehle shared with the Commission the Club's response, which set out the history of the organization back to 1917 (that it at one time was limited to individuals Human Rights Commission December 9 1997 Minutes Page 4 somehow connected to the University, that many of the early members were wives of University professors, and it was then important that they bc known in relation to their husbands). The Club discussed the matter at their board meeting and they will change the application form. Warren: Pointed out that the Daily lowan ~ reporting on the report card from the Council on the Status of Women contains a huge error, in that instead of the figures for 96-97, they re- printed the figures from 94-95. Major: Reported that the Korean Peace Talks commenced today. It involves North Korean, China, and the US, and does not include South Korea. It's a very big deal, and it will be interesting to see where it goes. STATUS OF CASES: We had a mediation fall apart, but Shank remains hopeful that it may continue sometime in the future. There is another mediation set, and yet another case that may go to mediation. One case closed out with a probable cause decision (but the Respondent entity no longer exists, so there is no one to conciliate with and nothing to do beyond issue the finding). Shank is hopeful that she will have the two cases she and Becky were working on (with the 18-odd interviews) ready for teams in January. There are no outstanding cases with the teams currently. NEXT COMMISSION MEETING: The January meeting will be January 26, 1998 in the Civic Center Lobby Conference Room. ADJOURNMENT: The meeting adjourned at 8:50 p.m. 12/12./97 transcribed by kkc MINUTES P~kRKS AND RECRF2%TION COMMISSION DECEMBER 10, 1997 MEMBERS PRESENT: Barbara Endel, Ken Fearing, Judith Klink, Bruce Maurer, Matt Pacha, Rex Pruess, Allen Stroh, Kathy Wallace, Ross Wilburn STAFF PRESENT: Terry Trueblood, Marilyn Kriz Mike Moran, Terry Robinson, FORMAL ACTION TAKEN Moved by Pruess, seconded by Klink, to approve the Nov-mher 12, 1997 minutes as written. Unanimous. Moved by Maurer, seconded by Stroh, to accept the proposed slate of candidates, and to elect Matt Pacha as Chair and Rex Pruess as Vice Chair of the Parks and Recreation Commission for 1998. Unanimous. Moved by Pruess, seconded by Maurer, to accept dedication of Outlot (2.35 acres) as public open space in the Boyd's Fashionable Acres Subdivision, with the stipulation that the strip of land which would connect the southeast portion of Outlot A to Mount Vernon Drive also be dedicated as open space to allow another access to Outlot "A". Unanimous. Moved by Pruess, seconded by Endel, to make a good faith effort to reach the self-imposed goal of supporting the Recreation Division budqet with 45 Dercent of non-property tax revenues by imDlementinq the first eight items of the "Potential Fee Increases/Budget Reductions", and to make the City Council aware that in future years it may not be realistic to meet this self-imposed ~oal. AYES: Endel, Klink, Maurer, Pacha, Pruess, Stroh, Wallace, Wilburn. NAYS: Fearing. The motion carried. ELECTION OF OFFICERS FOR 1998 Maurer presented the proposed slate of candidates for officers for 1998, and there were no additions. Moved by Maurer, seconded by Stroh, to accept the proposed slate of candidates, and to elect Matt Pacha as Chair az~d Rex Pruess as Vice Chair of the Parks and Recreation Commission for 1998. Unanimous. APPOINTmeNT TO RIVERFRONT AND NATURAL AREAS COMMISSION Pacha asked for a volunteer to serve as the commission's representative on the Riverfront and Natural Areas Commission. There was no one willing to make a full year commitment to serve on two commissions. Stroh suggested rotating the position, with each member attending one meeting every nine months or three members attending four meetings. Trueblood noted it may not meet the requirements of the by-laws. Pruess also noted an item may be discussed at one meeting and voted on at the next meeting, but he felt it was important to have a representative on this commission and did not have a problem if members wanted to do it on a rotating basis. The consensus of the commission was to share the responsibility. Endel and Pruess indicated they would be willing to share the responsibility, with Fearing indicating he would be willing to attend the summer meetings. Pacha appointed Endel, Fearing and Pruess to serve as the commission's representatives on the Riverfront and Natural Areas Commission. Trueblood indicated he would present this to them for their approval. Pacha requested that the Riverfront and Natural Areas Commission minutes be included in future meeting packets. N.O.S. ITEM: BOYD'S FASHIONABLE ACRES Trueblood reported a total of .26 acres of open space is required for the Boyd's Fashionable Acres subdivision. He pointed out on the proposed preliminary plat Outlot "A" (2.35 acres) which the developer has indicated his willingness to dedicate to the City. He noted there is only one access with a 31 foot wide entrance to this area, but staff is looking at obtaining an easement between lots 141 and 142 to gain another access. Trueblood indicated the primary purpose of this area is storm water management. Klink asked if a walking trail could be included inside and around Outlot "A", and also noted that if there was an access from Mount Vernon Drive it would make people more aware of this open space. Stroh indicated the Mount Vernon Drive access would make a big difference, otherwise the area would be a private enclave. Pruess felt it was important to obtain the storm water management area to help prevent this area from becoming private open space. Moved by Pruess, seconded by Maurer, to accept dedication of Outlot "A" (2.35 acres) as public open space in the Boyd's Fashionable Acres Subdivision, with the stipulation that the strip of land which would connect the southeast Dortion of Outlot A to Mount Vernon Drive also be dedicated as open space to allow another access to Outlot "A". Unanimous. Pacha questioned if this motion meant that if this strip of land is not dedicated the commission would not accept dedication of Outlot "A"? The Commission agreed that if this proposal is not accepted, it would then come back to the commission for further discussion. Pruess noted another option may be to purchase property between lots 149 and 148 from the property owners for an access point to 0utlot "A". FY99 BUDGET Trueblood reviewed the operating budget summaries by divisions, which also included the capital outlay itemization. He indicated the updated C.I.P. budget summary was not included and would be distributed to the commission when completed. Trueblood noted it is becoming more and more difficult to meet the self-imposed goal of supporting the Recreation Division's budget with 45 percent of non-property tax revenues (excluding capital outlay) while maintaining affordable programs. A listing of possibilities to increase revenues and/or reduce expenses in 2 the Recreation Division in order to help meet the self-imposed goal was distributed. Stroh stated there were other variables that affected the budget which the division had no control over. He indicated if the city increases the overall budget it becomes more difficult to meet the 45 percent goal. He suggested making global comparisons between the total city budget and the per capita share, noting the 45 percent goal does not represent the whole pie. He noted the city's commitment to subsidizing programs and this should also be taken into consideration. He suggested that staff determine what share of the total city's budget is the 55 percent and what percentage of the total city budget the department can help out with. The consensus of the commission was to have staff make global comparisons as suggested by Stroh. Pacha felt it would be prudent to review the Potential Fee Increases/Budget Reductions as suggested by staff. Trueblood indicated staff felt the first eight items listed could be done without terribly serious implications to the division and its programs; the remaining items could have serious implications and in depth discussion should take place before implementing any of them. Endel noted she had worked in three of the four areas which would be affected by the first eight items and felt they would not cause great harm to the programs. Maurer stated the commission needed to make the City Council aware that it may be difficult to make further cuts in the future without adversely affecting the division's programs and the commission's feeling that the self- imposed 45 percent goal is not going to be realistic. Trueblood noted the January 5th meeting where boards and commissions are invited to address the City Council regarding the budget, and this would be an opportunity for the commission to make their feelings known. With respect to playground sites, Klink indicated she had heard public comments that the number of sites should be increased especially in low income neighborhoods, and suggested a story hour at Pheasant Ridge. Moran stated the sites for playgrounds are reviewed each year to determine where they are needed. Moved by Pruess, seconded by Endel, to make a qood faith effort to reach the self-imposed goal of supportinq the Recreation Division budget with 45 percent of non-property tax revenues by implementin~ the first eight items of the "Potential Fee Increases/Budget Reductions", and to make the City Council aware that in future years it may not be realistic to meet this self-imposed goal. AYES: Endel, Klink, Maurer, Pacha, Pruess, Stroh, Wallace, Wilburn. NAYS: Fearinq. The motion carried. RIVERFRONT AND NATURAL AREAS COMMISSION REPORT Fearing reported on the October 15th meeting which started with Jim Pugh promoting a candidate for City Council; Trueblood presented the Hickory Hill trail development plan, the conceptual plan of Sturgis Ferry and a map of Ned Ashton Park; and Jeff Davidson gave an update on the Iowa City water plant site use committee. With respect to the November 19th meeting, the commission developed water plant site recommendations (no more paving but more foot trails, keeping the area as rustic as possible, stocking the ponds with fish, a frisbee golf course, and mothbailing the Butler House). COMMISSION TIME Stroh indicated he would like to see a frisbee golf course in the peninsula area, noting it is a quiet sport where people could ride their bicycles to, it would not affect the wells, and it would be a great use for this wooded area. Klink indicated she would like to receive updates on the peninsula task force committee, with Pacha requesting that this be included on the agenda under miscellaneous reports. She stated the West High School Senate adopted Willow Creek Park, noting it is rare for high school students to do so. She asked that a letter of commendation be sent to the Student Senate, with Pacha indicating he would do so. Pruess distributed a copy of a memo to Jeff Davidson from John Yapp, JCCOG, regarding Iowa River Corridor Trail Counts. Yapp indicated in the memo there are periodically questions pertaining to how extensively the pedestrian/bicycle trails are used. Pruess referred to paragraph two of the memo which stated "the number of trail users, 1,638 during the Wednesday count and 848 during the Saturday count, is roughly equivalent to the amount of vehicular traffic on a collector street." He noted this was a good piece of news which reflects that the trails are being used. Wallace indicated she would be interested in helping with future counts. Pacha questioned the construction along Dubuque Street and the closeness of the sidewalk to the street. Trueblood indicated it was part of the new water line/trail project, noting the area is very tight between the river and street, but would be a significant improvement to what was there previously. DIRECTOR'S REPORT Trueblood reported on the following: Oakdale Community Service Pro~ram. The department will be working with Oakdale who is putting together a select group of individuals to do community service work. Staff will be putting together a list of items that could be completed by them. Proposed DeDartment Reorqanization. The Parks, Forestry and CBD Divisions will be combined under one division. The Park Superintendent and City Forester positions will be eliminated and a Superintendent of Parks and Forestry position added, with Terry Robinson filling it. Positions added will be a senior maintenance worker and clerk typist. The City Council will take action on this proposed reorganization at its meeting on December 16th. Moved by Fearinq, seconded by Pacha to adjourn. Unanimous. The meeting adjourned at 6:45 p.m. MINUTES PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 4, 1997 CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chair, Dick Gibson, George Starr, Lea Supple MEMBERS ABSENT: Pam Ehrhardt, Phil Shive STAFF PRESENT: Bob Miklo, John Yapp, Sarah Holecek, Doug Boothroy, Anne Schulte OTHERS PRESENT: Glenn Siders RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 5-0, of an amendment to the Zoning Chapter to provide for temporary use permits to regulate short-term activities, such as special events or seasonal outdoor storage and sales as proposed in the staff memorandum dated December 4, 1997. CALL TO ORDER: Chairperson Starr called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Starr said there was a vacancy on the Airport Commission for an unexpired term ending March 1, 2003 that will be filled at the December 16, 1997 meeting of the City Council. Starr said previously announced vacancies included four vacancies on the Public Art Advisory Committee: one for a one-year term, two for two-year terms, one for a three-year term - all beginning January 1, 1998. He said the Committee will be comprised of two community representatives and two art professionals. Other previously announced vacancies include a seat on the Board of Adjustment for a five-year term ending January 1, 2003, and one vacancy on the Design Review Committee for a business or property owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1999. Starr added that these appointments will be made at the December 9, 1997 City Council meeting. REZONING/DEVELOPMENT ITEM: RE797-0018/SUB97-0030. Public discussion of an application submitted by Walden Wood Associates II LLP, to amend the approved preliminary Sensitive Areas Development Plan and preliminary plat for Lot 51 of Walden Hills, containing 2.9 acres to permit 32 dwelling units within the OSA-8, Sensitive Areas Overlay Zone located at the northeast corner of Shannon Drive and Irving Avenue. (45-day limitation period waived to December 4, 1997) Miklo said staff had received a request to defer this application to December 18, 1997, as well as a waiver of the 45-day limitation period to that time. Planning & Zoning Commission Minutes December 4, 1997 Page 2 Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of December 18, 1997, R!=797.0018/SUB97-0030, an application to amend the approved preliminary Sensitive Areas Development Plan and preliminary plat for Lot 51 of Walden Hills. Supple seconded the motion. The motion carried on a vote of 5-0. RE70NING ITEM: RE797-0011. Public discussion of an application submitted by H & 0 LLC, on behalf of property owner Norwood C. Louis, to rezone 4.46 acres from Interim Development Single- Family Residential Zone (IDRS) to Sensitive Areas Overlay-12 (OSA-12) to permit 40 dwelling units at 500 Foster Road. (45-day limitation period waived to December 4, 1997) Miklo said staff had received a request to defer this application to December 18, 1997, as well as a waiver of the 45-day limitation period to that time. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of December 18, 1997, RE797-0011, an application to rezone 4.46 acres located at 500 Foster Road from IDRS to 0SA-12. Gibson seconded the motion. The motion carried on a vote of 5- O. CODE AMENDMENT ITEMS: Public discussion of staff's recommendation regarding the development of an entranceway overlay zone. Yapp said staff is recommending that item number two on the Planning and Zoning Commission's pending list be changed from "Develop an entranceway overlay zone" to "Develop increased standards for the sign, landscaping, and building and site design components of the CC-2, C1-1, CH-1 and I-1 zones for property visible from arterial streets." Yapp said staff's rationale for the recommendation is that the main components of an entranceway overlay zone would be sign, landscaping, and building and site design. He noted that these are the same components regularly found in the conditional zoning agreements for highly visible developments along arterial streets. He said amending the CC-2, C1-1, CH-1 and I-1 zones to address the appearance of commercial and industrial developments along arterial streets would accomplish many of the goals of an overlay zone, without imposing an additional zoning district. He said in the past there were also concerns about environmental features along arterial streets, but many of those concerns are now reviewed under the Sensitive Areas Ordinance. Yapp said staff therefore feels it is unnecessary to duplicate this review with an overlay zone. Planning & Zoning Commission Minutes December 4, 1997 Page 3 Yapp said an overlay zone could be established along the main arterial corridors into the City to lay out comprehensively all the design and landscaping and other requirements for that overlay zone. He said given that the main concern seems to be with the appearance of large- scale commercial developments, staff is proposing code amendments to those zones which contain large-scale commercial development in lieu of an overlay zone. Bovbjerg asked about the appropriateness of the word "increased" in the staff recommendation and the interpretation of the word in this case. Yapp said staff has not yet delved into the details of the code amendments, but the term would mean additional landscaping requirements. He said for signs, it would involve limiting the number of freestanding signs; for building and site design standards, it would refer to requirements on building placement and the desire for an architecturally integrated development. Starr asked if by amending the standards, conditional zoning agreements might not be necessary. Yapp said that was true for components of development like signs and landscaping, as the standards found in conditional zoning agreements would be embodied in the Code. He said conditional zoning agreements would still be necessary for unique features of properties which are not anticipated by the zoning code. Bovbjerg said she was also concerned about the last sentence in the second paragraph of Yapp's memo that states that other types of development have not generated the same level of concern. She asked whether those zones are already regulated or whether this was just by happenstance. Yapp responded that there were several reasons for this statement. He said many of those zones already have higher standards, for example, the CN-1 zone standards for landscaping. Yapp said office and research parks are examples of where the nature of the developments and the owners' concerns have resulted in a higher standard of landscaping and site design. He added that it is also a function of scale - that the smaller residential and commercial areas are not as visible and do not generate the same amount of traffic as the large developments. Bovbjerg asked how the standards would appear in the Code so that developers will be able to find them easily. Yapp said they would be built into the current structure of the Code. He said any additional sign standards would be in the sign chapter, any landscaping standards would be in the landscaping chapter, and building and site design would likely be found in the site plan review chapter. Starr said he felt the Commission was basically not making any changes at this point, but was simply considering changing the direction of the work plan. Yapp said if this were approved, staff would no longer be researching an overlay zone, but would focus on developing code amendments. Gibson said he felt it would be a mistake to look at this issue as one of form. He said the issue is one of substance in that it would result in a shift in emphasis from community entranceways to arterial streets in certain zones. Gibson said the issue is more critical than just a question of form. Bovbjerg said she had the impression that how staff goes about this would make a difference in the amount of time spent on the issue. Yapp said it would be hard to say; he thought it would take slightly more time to develop entranceway overlay zones, but did not see it as significant. Starr said he agreed with Gibson that the focus would be changing, but felt it should be examined as to whether the change would be beneficial to the community and not detrimental to the developers. Glenn Siders. 325 East Washington Street, said he was representing the Homebuilders' Association of Iowa City. He stated that he is not an advocate of any increase in regulations. Siders said if the focus is on entranceways, then the Commission needs to accomplish its goals by establishing an entranceway overlay zone that would be appropriate for all properties Planning & Zoning Commission Minutes December 4, 1997 Page 4 along the entranceway, as opposed to what staff is proposing. He said staff is focusing on primarily new development and possibly the remodeling and reworking of existing structures. Siders said this will make the regulations more widespread throughout the community. Siders said this change would make things much more restrictive than the current environment. He said he was concerned about possible changes to the tree ordinance and sign ordinance. Siders said the Planning and Zoning Commission may need to continue to look at the current means of enforcement, that is, conditional zoning agreements. He said the Commission had expressed concern at the last meeting that the Wal-Mart project did not turn out as it should have. Siders said an important factor in that project was the topography in that the store sits lower than the highway. He said he felt that an amended tree ordinance would not have resulted in what the Commission wanted anyway. Siders said the Commission might not ultimately achieve its goals through amending the Code. He added that this would be shifting the burden entirely to the private sector. Siders said there would be no input by the public sector, as there would be if the plan were to enhance through an entranceway overlay zone. He said the Commission should not seriously consider staff's recommendation. He noted that he would not be in favor of that recommendation. Siders said if the Commission felt additional regulations were needed, they should be done through an overlay zone. Starr asked if the recommendation were for staff to continue investigating an entranceway overlay zone, what the process would be for establishing those zones. Yapp said staff would propose an area to be rezoned. Starr asked if that area could be one that is already developed, and Yapp responded that it could. Starr asked about public notification of such a rezoning. Yapp replied that it would be the same as for any rezoning - letters to property owners in the area and public notice in the newspaper. Starr asked what would happen to existing properties in an overlay zone if they were in non-compliance. Yapp said they would not have to come into compliance unless there was redevelopment of the site. Yapp added that with code amendments, the same type of notification could be used. He added that the difference would be that with a rezoning, if property owners, who control 20% or more of the land to be rezoned, protest, the rezoning would require a super-majority vote of the City Council. He said there is no such requirement for a super-majority Council vote with code amendments. Public discussion closed. MOTION: Bovbjerg moved to recommend that item two on the Planning and Zoning Commission Pending List be changed to the following in order to address the desire for an improved appearance of development along arterial streets, 'Develop standards for the sign, landscaping, and building and site design components of the CC-2, C1-1, CH-1 and I-1 zones for properties visible from arterial streets.' Supple seconded the motion. Starr said this was a difficult decision, but he would vote not to change the pending list and to continue to examine the entranceway overlay rezoning primarily, because staff's recommendation creates a whole change in focus. He said he realized that public notification could be made in both situations, but the opportunity for public notice of major changes is significantly enhanced by a rezoning. Starr said he thought the public pays more attention to a rezoning, and there would be opportunity for more input. Bovbjerg said that something should be done with entranceways - that they should be kept inviting. She said she had no problem with looking at properties on arterial streets, and the Planning & Zoning Commission Minutes December 4, 1997 Page 5 change in focus would not bother her. However, she said she would like the pending list to stay as it is to see how it works. Bovbjerg said if the overlay zone is not working out, staff could inform the Commission, and a change could be considered then. Gibson said it is unfortunate that the issue has become unnecessarily clouded. He said these two issues are not mutually exclusive at all; they are two different issues that could both be done. Gibson said there is probably some overlap between the two issues, because of where a lot of these zones happen to be located. He said to say that the City should do one instead of the other and then get further entangled in whether it was an overlay zone or a code modification was of concern to him. Gibson added that he was inclined to vote no on the issue at this point. Supple said she feels it is important to deal with the arterial streets, not just the entranceways, the First Avenue Hy-Vee being a good example. She added, however, that these issues are not mutually exclusive and could both be considered. She said she agreed with Gibson on that point. She said she had no objection to voting in favor of this and had intended to do so, but would now vote no, because of the statements by other Commission members. The motion was denied on a vote of 0-5. Public discussion of an amendment to the Zoning Chapter to provide for temporary use permits to regulate short-term activities, such as special events of seasonal outdoor storage and sales. Boothroy presented the memorandum with the language changes and said he had no additional comments on the proposal. Bovbjerg asked about the workload of the Housing and Inspection Services office and how the ability to respond would be affected. Boothroy said he felt there would be no significant impact on the workload of his office, but he felt the paperwork in the office would increase somewhat. Boothroy said because this amendment would result in proper planning by a permit holder, it should result in less time and fewer problems for the person out in the field. He added that things would be easier for those seeking these permits - that it is always more positive to discuss issues on the front end than to take a reactive approach. Bovbjerg agreed that that would be a good reason for this change. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to approve an amendment to the Zoning Chapter to provide for temporary use permits to regulate short-term activities, such as special events or seasonal outdoor storage and sales as proposed in the staff memorandum dated December 4, 1997. Chait seconded the motion. The motion carried on a vote of 5-0. Planning & Zoning Commission Minutes December 4, 1997 Page 6 CONSlDFRATION OF THF NOVEMBFR 70. MINUTFS: 1997 PLANNING AND 7ONING COMMISSION MOTION: Bovbjerg moved to approve the November 20, 1997 minutes of the Planning and Zoning Commission, as amended at the informal meeting. Gibson seconded the motion. The motion carried on a vote of 5-0. OTHER BUSINFSS: Miklo reminded the Commission that the City Council would continue its discussion of the Comprehensive Plan at 6:30 p.m. on Monday, December 8, 1997. He said the Commission may want to send a representative. Starr said the Commission would have someone at the meeting. Miklo said there have been no applications for the Board of Adjustment vacancy for the past two City Council meetings. He asked Commission members to inform anyone who might be interested in the vacancy to submit an application to the City Clerk's office by Monday. PLANNING AND ?ONING COMMISSION INFORMATION: Starr reminded Commission members that the December 29, 1997 and January 1, 1998 meetings had been canceled. ADJOURNMENT: The meeting was adjourned at 8:14 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte ppdadmin/min/p&z 1204.doc POLICE CITIZEN REVIEW BOARD DECEMBER 11, 1997 - 4:00 P.M. COUNCIL CHAMBERS CALL TO ORDER Temporary Chairman P. Hoffey called the meeting to order at 4:05 P.M. ATTENDANCE Board members present: M. Raymond, P. Fawam, L. Cohen, J. Watson and P. Hoffey. Staff present: M. Karr, S. Bauer and Legal Counsel D. Russell. Also present ChiefKJ. Winkelhake and Captain T. Widmer. CONSENT CALENDAR Motion by M. Raymond and seconded by J. Watson for adoption of Consent Calendar. Motion carried, 5/0, all members pre~,~nt. RECOMMENDATION TO COUNCIL None ELECTION OF OFFICERS It was agreed the method of voting prescribed by the Board for election of officers would be verbal nominations from the floor and voting by show of hands with majority vote. M. Raymond nominated Paul Hoffey as pernmnent chaiq~son; seconded by $. Watson. P. Farrant moved to close nominations; seconded by L. Cohen. By show of hands, Motions carried, 5/0, all members present. J. Watson nominated Leah Cohen as vice-chairperson; seconded by P. Farrant. M. Raymond moved to close nominations; seconded by P. Farrant. By show of hands, Motions carried, 5/0, all members present. FORMAL MEDIATION Legal Counsel Doug Russell briefed the Board on formal mediation: · It is the firm opinion of the City attorneys that the drafters did not intend for the Board members to be mediaton, but rather for the Board to arrange for mediation if a party requested it and all parties consented. · Formal mediation is the responsibility of the PCRB and should be handled as an administrative matter. The Police Chief presently sends the complainant a letter after a complaint is filed PCRB - IVfmutes 12/11/97 Page 2 ACCREDITATION PROCESS RULES & REGULATIONS PUBLIC DISCUSSION offering mediation at any time, as required under the Ordinance. The Board should also notify the complainant and officer that mediation is available; should decide on written notification and a procedure for the parties to request mediation:, and a procedure for contacting a mediator to be hired or appointed. Legal Counsel suggested several sources for mediators and a discussion followed. It was noted by Legal Counsel that there would be no report if mediation did not succeed. It was also noted that mediation does not "stop the clock" in the normal complaint process, but extensions based on mediation can be sought. For the next meeting Legal Counsel was directed to provide a proposed list of mediators with criminal law background and practical experience in citizen complaints and also their fees. Staff will assist. Legal Counsel and staff were also directed to draft a format letter from the PCRB to parties regarding formal mediation availab'dity, and reinforcing the availab'dity of an informal meeting with the police officer through the police department. The main goal is to have this document available right at the outset of the complaint process. Captain T. Widmer outlined the accreditation process the Iowa City Police Department is commencing. ChiefR.J. Winkelhake outlined the Police Department's Rules & Regulations. The Board will eventually review the General Orders, Department Memorandums and Special Orders. Receipt noted of the Annual Report of Boards and Commissions, together with an invitation from the City Council to meet with them on January 5, 1998, if desired, to discuss the budget; together with a copy of the projected PCRB budget for 1998. City Clerk M. Four reiterated the budget support of the Council to the PCRB process. M. Raymond moved to accept a letter dated 12/9197 from Rod Sullivan; seconded by P. Farrant. Motion carried, 5/0, all members present. PCRB - Minmes 12/11/97 Page 3 MEETING SCHEDULE ADJOURNMENT It is the consensus of the Board that in the future all correspondence be on the Consent Calendar to be officially received. Late correspondence will be distributed and accepted by motion. The meeting dates set aside at the 12/04/97 meeting were noted. Staff reminded Board members of the reception for new board and commission members at 6:30 P.M. December 16, followed by a formal introduction to the City Council at 7:00 P.M. Members were advised to commtmicate to staff if they will/will not be able to Ifstaffis in receipt of the Police Chief's reports on Complaint #3 and Complaint #4 by December 15, the agenda for the meeting of December 16 will include a Motion to Adjourn to Executive Session for discussion of such complaints. If the Police Chiefs reports are not received so as to get the report to the PCRB by December 15, the meeting on December 16 will be canceled. Other agenda items for fi~ture meetings will include: · update on mediation process; · how to respond to citizen communications; · appoint committee for drafting reports; · staff and board rules. Motion by P. Farrant and seconded by L. Cohen to adjourn. Motion carried, 5/0, all members present. Meeting adjourned 5:50 P.M. POLICE CITIZEN REVIEW BOARD DECEMBER 22, 1997 COUNCIL CHAMBERS CALL TO ORDER Chairman P. Hoffey called the meeting to order at 7:05 A.M. Board members present: M. Raymond, P. Farrant, L. Cohen, J. Watson and P. Hoffey. Staff present: M. Karr and S. Bauer. CONSENT CALENDAR Motion by P. Farrant and seconded by J. Watson for adoption of Consent Calendar. Discussion followed. It was the consensus that the minutes of the meeting held on December 1 i, 1997 should reflect the purpose of the attendance by KJ. W'mkelhake and T. Widmer was for presentation and discussion on the Iowa City Police Department's accreditation process and its rules and regulations. Motion carried, 5/0, all members present. RECOMMENDATION TO BOARD None EXECUTIVE SESSION Motion by M. Raymond and seconded by J. Watson to adjourn to Executive Session to avoid disclosure of specific law enforcement matters, such as current or proposed investigations, inspection or auditing techniques or schedules, which if disclosed would enable law violators to avoid detection~ and 22.7(5) requiring peace officer's investigative reports be kept confidential. Motion carried, 5/0, all members present. Meeting adjourned 7:10 A.M. Regular meeting resumed at 8:35 A.M. MEDIATION PROCESS The draft of the letter to complainants from PCRB regarding mediation availability was discussed. The Board requested that staff present another draft at the next meeting, encompassing agreed upon changes. Other matters regarding the mediation process were deferred to the December 23 meeting with legal counsel present. PCRB - Minutes 12/22/97 Page 2 CITIZEN COMMUNICATION It was agreed that all correspondence directed to the PCRB (and not complaint-related) will be presented to the board either in the formal Consent Calendar or distn'bution at next meeting and then the Consent Calendar be amended. Responses to correspondence will be decided on a case by case basis by the Board. Staff will be 8iven direction based on board discussion on whether staff would respond or whether board members will respond; all responses would be mailed and copies furnished to the board and legal counsel at their next meeting. REPORT-DRAFTING COMMrVrEE Chairman Hoffey appointed M. Raymond (Chairperson), J. Watson and P. Farrant as a sub-committee to prepare draft reports. Two subcommittee members would prepare a draft report of a complaint based upon executive sessions of the full board. The draft report would come back to the board for full discussion and finalization. If was understood that three members constitute a quorum of the Board. PUBLIC DISCUSSION None FUTURE MEETING SCHEDULE Noting that state law requires 24-hour notice of meetings, it was agreed that all future meetings held 24-hours (or less) apart would use the same agenda. Confarmed December 23 meeting at 7:00 A.M. Further discussion of future meeting schedule will be discussed at that time. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by L. Cohen. Motion carried, 5/0, all members present. Meeting adjourned at 8:55 A.M. POLICE CITIZEN REVIEW BOARD DECEMBER 23, 1997 LOBBY CONFERENCE ROOM CALL TO ORDER Chairman P. Hoffey called the meeting to order at 7:00 A'VFENDANCE Board members present: M. Raymond, P. Farrant, L. Cohen, J. Watson and P. Hoffey. Staff present: M. Karr and S. Bauer. Legal Counsel D. Russell also present. RECOMMENDATION TO COUNCIL None EXECUTIVE SESSION Motion by M. Raymond and seconded by P. Farrant to adjourn to Executive Session based on 21.5(8) of the Code of Iowa to avoid disclosure of specific law enforcement matters, such as current or proposed investigations, and 22.7(5) of the Code of Iowa requiring peace officer's investigative reports be kept confidential. Motion camed, 5/0, all members present. Motion carried, 5/0, all members present. Meeting adjourned at 7:05 A.M. (NOTE: Prior to the meeting, Legal Counsel recommended that motions to adjourn to executive session should site 2 !.5(8) of the Code of Iowa when specific law enforcement matters are bein8 discussed; and/or, 22.7(5) when the police officer's investigative reports is being discussed.) Regular meeting resumed at 8:00 A.M. Motion by J. Watson and seconded by L. Cohen that the Board accept the Police Chief's Reports on Complaint PCRB97-3 and PCB97-4, and that the PCRB review the Reports at level %", "d", and "e" investigation as stated in 8-8-7(B) of the PCRB Ordinance. Motion carried, 5/0, all members presem. MEDIATION PROCESS Lesai Counsel D. Russell provided an update on the mediation process. PCRB-Minutes 1~23~7 P~e2 Staff was directed to tabulate the information on mediators and provide common characteristics that the Board could use in the selection of such mediators. The goal is to create a list of mediators who would be available to complainants for mediation. The Board can choose the mediator, or a list oftwo or three mediators can be provided for the parties to choose. The Board would like this information early in January 1998. M. Karr stated the City Council expected there would be expenses incurred for mediation. After the Board has accepted a list of mediators, Legal Counsel recommends that a guideline (form) be prepared for mediators with a list ofrules of confidentiality; secondly, a form should be developed by which a mediator can report back to the Board with the result; and lastly, a form which could be used for arrangements for costs and payment. Once the mediators are in place, the Board will decide whether to present an orientation for the mediators chosen. The Board accepted the redraft of the letter to complainant from the PCRB regarding mediation (with noted changes). It was decided the letter should be individually dated and personalized and then mailed as soon as possible right after the complaint is filed. This will be invoked with the next complaint filed. PUBLIC DISCUSSION None FUTURE MEETING SC!~DULE Future Meetings: Janual~ 7, 1998 - 7:00 P.M.-9:00 P.M. January 8, 1998 - 7:00 P.M.-9:00 P.M. January 22, 1998 - 7:00 P.M.-9:00 P.M. January 29, 1998 - 7:00 P.M.-9:00 P.M. A!)JOURNM~NT Motion for adjournment by J. Watson and seconded by M. Raymond. Motion carried, 5/0, all members present. Meeting adjourned at 9:05 A.M. / MINUTES RIVERFRONT NATURAL AREAS COMMISSION WEDNESDAY, NOVEMBER 19, 1997 -- 5:30 P.M. LOBBY CONFERENCE ROOM, IOWA CITY CIVIC CENTER MEMBERS PRESENT: Cortney Daniels, Ken Feadng, Lod Goetsch, Gretchen Gdmm, Richard Hoppin, Joe Kral, Jim Pugh, Tom Riley, David Thayer MEMBERS ABSENT: Catherine Pugh, Larry Wilson STAFF PRESENT: Brad Neumann, Traci Howard, Bob Miklo CA! ! TO ORDFR: Chairperson Daniels called the meeting to order at 5:29 p.m. PUBIIC DISCUSSION OF ANY ITFM NOT ON THI= AGFNDA: Pugh invited Commission members to the Central Committee Christmas Party at The Mill Restaurant on December 5 at 6 p.m. (Goetsch arrived at the meeting at 5:32 p.m.) CONSIDICRATION OF TH!= OCTOBFR 15. 1997. MFFTING MINUTFS: Feadng said that J. Pugh promoted someone running for City Council during the last meeting, and that was not included in the minutes. Daniels said that did not need to be included. J. Pugh said that the first sentence under "Consideration of the Meeting Minutes" on the first page should read, 'J. Pugh asked about hidng consultants ...', not '... asked out hiring consultants..." Daniels said there were many typos in the minutes, and suggested the minute taker be more careful in the future. Pugh moved to approve the minutes as submitted. Thayer seconded the motion. The motion carried by a vote of 8-1, with Fearing voting no. COMMISSION DISCUSSION: Neumann said that Miklo was discussing the City Comprehensive Plan with the City Council, and asked that the Floodplain Ordinance item be moved to the end of Commission Discussion. Water Plant Site Recommendations: Neumann said that Carol Sweeting and Terry Trueblood spoke at the last RNAC meeting, and they need comments by November 20 to put into the final report going to the City Manager and City Council. He spread out the site map. J. Pugh asked about part of an area being semi-wetland, and filling in another area to make more wetlands. Goetsch said that is remediation to replace what they are going to destroy in another part of the peninsula. Kral said the water plant staff probably wanted to prevent run-off going into the sand pit because there is a steep slope toward where they would suck the sand out. He said he went on a bus tour of the area. Neumann said they would use that area as a water source. He said the wetland area will be used as a water shed to catch and clean 60-80 acres of run-off water. Riverfront and Natural Areas Commission November 19, 1997 Page 2 Kral said that small grain, wheat and oats have been planted on the site, and he thinks that they will let it turn to grass to try to control erosion. He said they used the existing road to the sand pit for the bus tour of the site. Neumann said currently there are only wells and well head buildings on the site, and the water plant's proposal was targeting protection of the wellheads. Kral said that Chuck Schmadeke explained that they purchased the power company dam to control the dver level and maintain the water level in the site pit. Kral said someone asked if a Fdsbee golf course could be put on the plant site. Gdmm said the Fdsbee golf course at the Reservoir is used frequently. Neumann stated that there are many different natural areas on the site, but there is no direct access to these areas other than with the paved service roads. He suggested putting in foot trails to at least some of the areas, like the pond or the wetlands. He said the pond can be stocked by the DNR, and the water plant staff is planning to allow fishing from the banks, but not from motorized boats. He said that they are not planning to fence off the pond, but they are discussing fencing off the lagoons. Kral asked if it was possible to put a Fdsbee golf course on the water plant site because there is not one in Iowa City. Riley said a Frisbee golf course would be an unobtrusive use. Neumann said the course might take some maintenance, and no pesticide use would be allowed. He said that he thought the water plant wanted to leave the area more passive and natural instead of a recreational use. Things like foot trails and picnic areas are what the staff-level committee had envisioned. J. Pugh asked if wildflowers would be planted. Neumann said there were some native Iowa plantings proposed. Gdmm asked if there could be one area used for a Frisbee golf course, and just mow that area. J. Pugh suggested using bluegrass as a planting. Kral said that a course might not need a well-groomed area. Goetsch said the course would need a lot of space because the course out at MacBride is sprawled out. Kral said that there is a lot of space where the crop land is now. Neumann noted that access would have to be provided to the course, so there would be an increased traffic flow. Riley suggested keeping part of the area a refuge since there is a lot of wildlife. Neumann said that would fit the passive use. He said the walking paths are designed to get down into those areas, but first and foremost the area is for water plant use. Feadng said he liked the foot trails idea, and asked where the parking area was envisioned. Neumann stated that there would be parking provided near the plant. Neumann said the paved service roads will be 12 feet wide, and maintenance trucks would be allowed to use them along with bicyclists, skate boarders, roller bladers, etc. He gave an update on the condition of the Butler House and it's preservation process and issues. Daniels said she thought off-bank fishing was a good passive recreational use. J. Pugh suggested allowing passive recreation in the entire area and putting in areas of active recreation, at a later date, if necessary. Gdmm suggested leaving the area natural, see how many people would use the area and how they would use it, and create a use from there. J. Pugh said he liked that idea. Riley asked if the City has designated the site for park use. Neumann said that it is only designated as a water plant site. J. Pugh explained how Des Moines developed their Water Works Park. Grimm asked what would happen when the students found out about the area, and had parties there. Neumann said the area is open to the public. R,verfront and Natural Areas Comm~ss,on November 19, 1997 Page 3 Riley asked if the crop area would be designated park area because the designation will drive the public use. Neumann said he was not sure. He said he thought it would stay under Public Works because it is the water plant site. J. Pugh suggested keeping the area low maintenance, see how many people use it and then develop the area for the public interest. Kral said there is no seed out there at all, and some would have to be put down. Neumann said there is a lot of work to be done before the City will get to the plantings. Daniels read from the notes she had been making about comments from the Commission. She said that RNAC thought the water plant proposal was good with a lot of diversity, they liked the development of foot trails, there is a safety concern about people being around the lagoons because it is not fenced in, the City might want to look at doing different kinds of plantings around the wetlands and could develop a recreational use based on public interest. Thayer asked about the trail use and the eventual connection of the water plant site and the peninsula. Neumann said they would like to get the trail linked to the trail system that goes through the City including the peninsula, and to the Reservoir. Thayer said he would like to see the proposed trail plan connections on the site map. (Feadng left the meeting at 6:08 p.m.) Neumann explained the proposed bicycle trail paths to Commission members. Daniels asked if the map showed the proposed Foster Road development. Neumann said no, it had not been drawn with the trail on the road, but it could be part of the recommendation. Daniels said she would add including the trail connections between different systems and between the water plant site and the peninsula to her list of comments. Thayer asked if there should be a parking area near the Butler House. Neumann said the parking in that area is limited, but that might be a good place for it. He said the University suggested creating a large commuter parking lot on the water plant site, but the staff-level committee felt that it was not compatible with the site and Commission members agreed. Thayer said there should be a small parking lot to serve as a trail head. Riley suggested using the fiat area by Jim Glasgow's house because it is a nice spot by the dver. Daniels said she would add that to her list of comments. Neumann said there would be good access from there. Daniels said she hoped the City Council would decide to mothball the Butler House, even though it would be expensive. Neumann stated that the Council had already approved the mothbailing of the house. Daniels asked if RNAC could get REAP funding for the Butler House. Neumann said the Butler House would be eligible, along with the peninsula area, for some REAP funding. He said the house would fall under REAP's historic preservation funding. Daniels said she would try to get some information from the REAP Committee about the available grants. Neumann said he could write the REAP grant draft based on the Commission's comments, and send it back for Commission approval. Neumann said the City will soon hire a firm to design the development area on the Peninsula. He said the design will include trail access through the development and along Foster Road. Riley asked why dirt is being hauled into that area. Neumann said that excess dirt coming from projects around the City will be stockpiled there. Daniels said she would fax a letter with the Commission's comments to Neumann, who would fax it to Sweeting on November 20. R~verfront and Natural Areas Comm~ss,on November 19. 1997 Page 4 Discussion ol~ Iow~ City Peninsul~ Joint Committee: Daniels said she called most Commission members to see if they would want to be a part of the joint committee. Neumann said that there are two members appointed from RTBC and the Parks and Recreation Commission has appointed three. He said that once all the appointments are made, a site tour will be set up and there will be at least one, maybe two meetings depending on how the Committee feels they are doing. He said the Committee will be looking specifically at the peninsula area, and figudng out what uses they want to see there. He said that different interests would be represented. Daniels said she thought the peninsula area fell under RNAC's pervue because it is a sensitive area and it is not designated as a park. Neumann said RNAC has discussed this issue more than any other commission, Daniels said Wilson suggested hiring someone to look at the sensitive features of the area. Neumann said the Commission should consider how they would like the development to interact with the development on the peninsula. Daniels said she thought the area would have too high a density. Neumann said they would try to schedule the tour in the next week or two, and the first meeting could be within a week of the tour. Daniels said she would like to be a part of the joint committee, and she wanted Wilson to also be appointed. Thayer and Goetsch also volunteered for the joint committee. Appointment of Regional Trails and Bicycling Committee representative: Daniels said that she would like the representative to regularly report back to RNAC about RTBC meetings. Neumann said he would make the report a regular part of the agenda. Grimm volunteered and was appointed as the RNAC representative to RTBC. Update of RNAC Vacancies: Neumann said Grimm's county position had not been appointed yet. She said that she sent in her application three weeks ago. Daniels and Neumann suggested she call Carol Peters to make sure they received her application. Neumann said the three Iowa City vacancies were filled by Daniels, Dan Maskel, who is a teacher at Coralville Central, and Lynn Rose, who used to work for the DNR. He said that those three will begin their terms in January, and the Council will have a reception for new Commission members on December 16. J. Pugh said that he would have liked to find out that he was not reappointed from the City sooner. Neumann said a letter should have been mailed to him Monday afternoon. Sub-Committee Report/Discussion: Daniels suggested choosing one project in addition to the Arbor Day project because there would not be time to implement them all. Goetsch asked Neumann if there was any riverfront property available for purchase by the City for greenspace to fulfill number three on the list. Neumann said that the University owned most of it. J. Pugh said there is a stretch of land along Willow Creek and the river in Mesquakie Park. Neumann suggested utilizing Maskel for new ideas under the educational item. Daniels said that last month the Commission discussed river activities in conjunction with river month. Riley suggested tying canoe trips in with a University Riverfront activity. Daniels said the activity should be in June to tie in with other City activities, and because it would be warm. She said that she would attend the next sub-committee meeting the week before the Commission's December 17 meeting to help come up with other specific activity ideas. Daniels said that access to river improvements could be incorporated into another river activity. Riley said that there could be a canoe trip, and part of the activity could be to clean up a dver R~verfront and Natural Areas Commission November 19, 1997 Page 5 access point. Daniels noted that the weather is still cold around Arbor Day, and she thought they would get more participation with warmer weather. Discussion of Floodol~in Ordinance: Miklo said they are not much closer to having an updated floodplain map. He said that the Building Official and the City Engineer reviewed the areas flooded in 1993. They found that where the floodplain regulations were followed there was very little, if any property damage. The properties that were damaged were either built before the floodplain regulations or in violation of those regulations. He said the other aspect reviewed was public infrastructure, and recent amendments to the Public Works infrastructure standards will help avoid similar damage in the future. He said the new standards require that any new streets built in the floodplain will be required to be elevated one foot above the 100-year flood elevation. He said there are some tougher standards concerning water mains and the sanitary sewer. Both the City Engineer and the Building Official feel that the current regulations will protect new pdvate and public structures. He said that does not protect existing streets, and there still may be areas of the community not reachable in times of flooding. Miklo suggested options such as low intensity zoning where there is a known potential for flooding so there will not be housing developments or large commercial developments constructed there. He said that many of the areas inundated by the flood have not been developed, are outside the City or are already zoned for low intensity. Thayer asked what uses could survive in a low intensity zone. Miklo said warehouses because they do not draw a large amount of people. He said that other strategies that other communities have used are purchasing the floodplain areas for public parks. He said the goal is to get the property out of circulation so it is not developed, and it is difficult to prohibit development without purchasing the property. J. Pugh asked if a developer built a house in the floodplain and sold it to a private citizen, would the private citizen know that the property was in the floodplain. Neumann said that information would be in the abstract, and Miklo said the abstract would be necessary to get a loan for the house. Miklo said that another point to consider is the Sensitive Areas Ordinance's buffer requirement for streams and rivers. Miklo said that any proposal from RNAC would be presented to the Planning and Zoning Commission and then to City Council. He said that their original goal was to wait until they had the new floodplain maps, but the Commission may not want to wait. He said that they do not anticipate major changes to the current floodplain map; just changes in the margins. Miklo said that some communities require those who fill areas of the floodplain to compensate for the fill by digging out the amount they filled elsewhere. Miklo said that there are sections of the Comprehensive Plan that address the flood plain. Daniels said the Commission discussed property acquisition for ball fields and uses that would not be disturbed when the area would be flooded. Miklo said the next step is finding funding for the purchase of the floodplain. but the land should be relatively inexpensive. Neumann suggested that the Commission have Sandy Rhodes attend either the December or January meeting to speak about his proposal. Miklo also recommend that Rick Fosse be invited to attend a RNAC meeting. RiverlYo~t and Natural A~eas Commission November 19, 1~7 Page 6 OTHFR RI I.~IN!=.~S: Daniels said that a nominating committee needed to be appointed at the December meeting to recommend a Chair and Vice Chair. Neumann said that three Commission members needed to be on the nominating committee. The committee would make their recommendations at the January meeting. A!')JOURNMFNT: J. Pugh moved to adjourn the meeting. Grimm seconded the motion. The motion carried by a vote of 9-0. and the meeting was adjourned at 7:20 p.m. Minutes submitted by Traci Howard. .. _ _,,~,'t.~,~min_ ' ~mins'~8c 1119.doc MINUTES SENIOR CENTER COMMISSION MEETING WEDNESDAY, NOVEMBER 19,1997 SENIOR CENTER ROOM G08 MEMBERS PRESENT Bebe Ballantyne, Robert Kemp, Terri Miller, Allan Monsanto, Kenneth Mobily, M. Kathryn Wallace, and Philip Zell MEMBERSABSENT Joanne Hora and Wilma Conner STAFF PRESENT Michelle Buhman, Linda Kopping, Susan Rogusky, and Julie Seal GUESTS PRESENT Betty Shutter and Willa Jones CALL TO ORDER Wallace called the meeting to order at 3:05 p.m. MINUTES Motion: To a~ minutes as distributed. The motion carried on a vote of 4-0. Monsanto/Zell. PUBLIC DISCUSSION None. COUNCIL OF ELDERS -Mobily The Council of Elders asked the Commission to provide a general definition of the roles and responsibilities of an advisory group and to identify some specific activities they would like to see the Council undertake. The Commission discussed the following possibilities for the Council: 1 ) Assist with program development by identifying participant and non- participant areas of interest as well as incentives and disincentives for participation. 2) Continue to attend Senior Center programs. 3) Actively participate in defining their own goals. 4) Participate in semi-annual joint meetings with the Commission. 5) Assume responsibility for organizing and implementing Town Meetings. Mobily will take these ideas to the next Committee meeting for discussion. TOWN MEETING - Zell The Commission discussed Maxine Wicker's suggestion to utilize the Dewey Decimal system in the Third Age Library. It was agreed that without a computer or card catalog the Dewey Decimal system would not be particularly useful in the Third Age Library. Rogusky will prepare a memo to Ms. Wicker outlining the rationale underlying this decision. The issue of parking at the Center will be put on the agenda for discussion at a future meeting. MINUTES SENIOR CENTER COMMISSION MEETING WEDNESDAY, NOVEMBER 19,1997 SENIOR CENTER UPDATE Operations - Kopping In response to a request by the Council of Elders, the installation of centrally placed railings on the stairways of both Linn Street entrances is being investigated. A City architect will evaluate the feasibility, cost and design of these railings. At their first meeting, the Survey Review Committee reviewed the survey results and used a brainstorming process to identify approximately 25 potential issues. At their December meeting these issues will be prioritized and work will begin on developing an action plan. Monthly updates on the Committee's activities will be provided in the Coordinators Comments column of The Post. o° In order to increase building security, estimates for new swipe card devices at the Washington St., North ramp and loading dock entrances are being obtained. Included in the estimate will be the cost of adding a touch pad keying system for room G08109. ADA accessible hardware will soon be installed on all the doors in the Senior Center. A plan for re-keying these doors is being developed so this can be done in conjunction with the hardware change. The budget meeting for FY99 went very well. Final budget decisions will be made by the City Council sometime next spdng. Programs - Seal Events occurring in December were reviewed. Volunteers - Rogusky An update of volunteer programs and opportunities were given. COUNCIL OF ELDERS - Visitor Charity Rowley was elected Chair of the Council of Elders, two openings still remain on the Council. COIV~ISSION VISITS MINUTES SENIOR CENTER COMMISSION MEETING WEDNESDAY, NOVEMBER 19,1997 City Council - Zell A report of the City Council meeting was given. Board of Supervisors No report available. COMMISSION DISCUSSION Debra Schoenfelder and Allan Monsanto were appointed to the Senior Center Commission by the City of Iowa City. Motion: To adjourn. Motion was carried on a vote of 7-0. Monsanto/Miller The meeting adjourned at 4:55.