HomeMy WebLinkAbout1997-12-09 Bd Comm minutesMinutes of the Animal Control Advisory Board
September 18, 1997--Coralville City Hall
Members Present: Diana Lundell, Shawn Lockhart, Julie Seal, Janet Ashman,
Members Absent: Marty Shafer
Staff Present: Misha Goodman
1. Reconciliation of FY97 Budget.
2. Coralville Animal Control position still open--This Board is troubled that this position has not yet been filled. The
amount of separation between the Coralville officer and the rest of the staff (physical, supervisory, etc.) is also a worry.
Why can't all the animal control Officers be housed in the facility, each having the same reporting structure, and each
receiving the same training and supervision. This relationship needs to be reviewed.
3. The Ordinance--It has passed and a flier is being produced.
4. Change in licensing fee per the new Ordinancc Iowa City cost is now different from Coralville, but the 28E
Agreement specifies the cost needs to be equal.
5. Shelter renovation--The renovation was supposed to be done 11/15, but now there is a problem with some brick so
neither cat area can be completed.
6. Statistics--These will be sent (not quite finished yet.)
7. On-line licensing baddog--There are month's-worth of animals to be put on line. The former Coralville officer got
tired of having to go to Iowa City to enter Coralville's animals (no computer in Coralville). Although the Shelter asks
for a clerk every year, it never gets funded. Apparently, this there is no "clerk" category in the system, but rather a
"clerk-typist" category. A clerk-typist appears to be too pricey for the City to assign one to the Shelter. This on-going
problem must be resolved. Perhaps a work/study student could be hired to do the derking that needs to get done.
8. Board Members' Concerns--The First Avenue impounded cats were discussed, as well as problems the communities
were experiendng with wildlife.
6. Citizens' Comments~no citizens present.
7. Next Meeting--11/13/97 at 6:45pm in the IC Transit Building.
MINUTES
DESIGN REVIEW COMMITTEE
MONDAY, NOVEMBER 17, 1997 w4:00 PM
LOBBY CONFERENCE ROOM -- CIVIC CENTER
PRELIMINARY
Subject to .pproval
MEMBERS PRESENT: Mark Anderson, Karyl Larson, Gary Nagle, Clare Swan
MEMBERS ABSENT:
Bill Nowysz, Randy Rohovit
STAFF PRESENT:
Jim Schoenfelder
OTHERS PRESENT: None
II.
III.
IV.
VI.
CALL TO ORDER AND INSTRUCTIONS:
The meeting was called to order by the Vice Chair at 4:20 p.m.
UPDATES REGARDING DOWNTOWN DESIGN REVIEW DISTRICT SURVEYS
Swan noted that only one of the four survey books had been completed and that all were
to have been done by this meeting. Gneral discussion followed as to how best to get
these done quickly. Nagle motioned that unless significant architectural features on the
rear or alley of the building were different than the front the rear of the building survey
form need not be completed. Larson seconded the motion. Motion carried unanimously.
All present agreed to have all books done by the next meeting Monday, November 24,
1997. ~
CONSIDERATION OF THE MINUTES FOR THE OCTOBER 20, 1997 MEETING
Schoenfelder noted that Larson had seconded the motion for the Woodson certificate of
appreciation, not Rohovit. Nagle motioned to make the change from Rohovit to Larson
and that the minutes be accepted as amended. Larson seconded the motion. Motion
carried unanimously.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA
There was none.
COMMITTEE DISCUSSION
Swan discussed the Franklin memo dated November 4, 1997 asking that a DRC
member be appointed to the Public Art Advisory Committee. Swan volunteered to fill that
position; all present agreed.
ADJOURNMENT
Anderson motioned to adjourn, Nagle seconded. The meeting adjourned 4:45 p.m.
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MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, OCTOBER 23, 1997
CITY MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT:
John Shaw, Michael Pugh, Ann Cairns, Michaelanne Widness,
Frank Gersh, Pamela Michaud, Doris Malkmus, Lars Anderson,
Betty Kelly
MEMBERS ABSENT:
Ruedi Kuenzli
STAFF PRESENT:
Scott Kugler
OTHERS PRESENT:
Rick Thompson
CALL TO ORDER:
The meeting was called to order at 5:08 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
CERTIFICATE OF APPROPRIATENESS REVIEW: 725 N. LINN STREET:
Kugler noted that this item was deferred at the October 14 meeting to allow for the plans
to be revised to address concerns raised by the Commission. He noted that he met with
the property owner, contractor, Shaw, and Cairns at the site to discuss changes to the
plan. He explained some of the changes to the plans.
Rick Thompson, the contractor hired by the property owner to complete the work,
explained the changes that were made to the plans since the October 14 meeting in more
detail. He noted that the addition was now to be set in equal distance form the original
house on each side. Shingles were to be used in the roof peak rather than horizontal
siding. He said he showed the lattice work under the porch on the revised drawing.
Shaw asked for clarification on the columns and spindles and whether they would be
turned or not. Thompson said the spindles would be turned, but the columns would be
square. Cairns asked about the space between the garage and the addition. He explained
how the area between the garage and the addition would be a storage area of some sort,
although the details were not yet worked out.
Motion: Malkmus moved to approve the plans as revised by the applicant and discussed at
the October 23 meeting. Kelly seconded the motion. The motion carried on a vote of 9-0.
The Commission closed its formal meeting, and adjourned to its annual planning session. A
report detailing the results of the planning session is attached.
IOWA CITY HISTORIC PRESERVATION COMMISSION
Preservation Plan Imglementation {1998)
The Iowa City Historic Preservation Commission held its annual planning session on Thursday,
October 23, 1997, at 5:00 p.m. in the City Manager's Conference Room, at which time it
discussed and prioritized its activities and projects for the 1998 calendar year. Each year the
Commission holds a planning session to review its progress in implementing the goals and
objectives of the Historic Preservation Plan, and to set objectives for the upcoming year. This
report details the results of that planning session, and is intended to serve as a guide for the
Commission's activities for the upcoming calendar year.
This session, in addition to prioritizing specific projects and issues to be dealt with in 1998, the
Commission decided to continue to make use of organized task groups made up of Commission
members to research and deal with specific issues, and provide recommendations to the
Commission as a whole on those issues. The specific task groups are detailed on page 3 of this
report. The following includes a list and brief discussion of the Commission's priority items for
1998 and issues to be dealt with in future years.
PRIORITY ISSUFS FOR 1998:
Conservation District Designations: Legislation authorizing the designation of conservation districts
was adopted by City Council in 1995. As a result of neighborhood survey projects within the
Longfellow Neighborhood and the Dubuque/Clinton Street area, a number of potential conservation
districts have been identified. The Commission has placed a high priority on the nomination of a
conservation district within the next year. A task group has been created to deal with this issue.
Survey and Evaluation of Original Town Plat, Phases I, II & II1: Phase I of this project, including
properties south of the Brown Street Historic District, north of Davenport Street, and lying between
Linn Street and Governor Street, has been completed. A grant has been obtained to complete
Phase II of this three phase survey, roughly between Linn and Governor Streets, north of Jefferson
Street and south of Fairchild Street. Phase III will be the subject of a grant application to be filed in
December, 1997, and will extend this survey area east of Governor Street. It is planned that this
phased survey project will provide an updated inventory for all properties contained within the
Northside and Goosetown Neighborhoods, as well as recommendations for preservation initiatives
within these neighborhoods.
Survey and Evaluation of the Longfellow Neighborhood: The first phase of the Longfellow
neighborhood survey identified a potential historic district, but concluded that additional survey
work along Rundell Street, Dearborn Street, and the west side of Seventh Avenue must be
completed to determine the eastern boundary of the district. A grant has been obtained to
complete Phase II of this survey. This project should be completed by July 1998, at which point
the Commission can consider implementation of neighborhood preservation strategies
recommended by the report.
Historic Landmark Designations: The first series of Historic Landmarks has been designated by the
City Council, and plaques have been purchased and installed on 28 of the 36 properties, with
financial assistance from Friends of Historic Preservation. Additional historic landmark nominations
will be considered by the Commission. A task group has been organized to identify possible
landmark properties, research their historic significance, and help organize the Commission's
nomination and designation process.
Update of Maps/Brochures: Many of the maps, brochures, and other publications produced by the
Commission in the past are in need of an update. In addition, the Commission's supply of guide
maps ("A Guide to Historic Iowa City") is dwindling. The guide map has been a very successful
and popular publication, with over 15,000 copies printed, and contains information about many
historic Iowa City properties, and illustrates self-guided walking tours.
Financial Incentives: The historic properties tax exemption program was approved for use in
Johnson County by the Board of Supervisors in February 1997. Other financial incentives, such as
a revolving loan fund, should be investigated. A task group has been organized to research this
issue, and possibly prepare a brochure or handout detailing all funding and tax credit sources that
may be available to owners of historic properties in Iowa City.
Ordinance and Code Amendments: The Historic Preservation Plan recommends that the
Commission consider amending the historic preservation regulations to close existing loopholes, to
add provisions to cover such items as economic hardship and special merit exceptions, and to
increase penalties for violations or demolition by neglect. In addition, the Commission hopes to
identify provisions in the zoning and building codes that may be relaxed for designated historic
properties in order to encourage their adaptive reuse and rehabilitation.
Iowa City Airport Master Plan: The Commission noted that the Airport Master Plan includes
recommendations for demolition of the historic United hangar, as well as alterations to the terminal,
also potentially eligible for the National Register. The Commission has discussed these items with
a representative of the Airport Commission, and intends to continue to be involved in the decision-
making and Section 106 review process.
Historic Preservation Awards Program:. The Commission discussed possible changes to the awards
program rules and procedures, as well as the pos§ibility of finding an alternative site for the awards
program. These issues will be resolved prior to the awards program in May.
OTHER ISSUFS FOR FUTURE CONSIDFRATION BEYOND 1998:
Additional Survey and Evaluation Work: Additional survey areas for the Commission to consider in
future years includes Kirkwood Avenue, Iowa Avenue, Downtown, and Manville Heights, as well as
a survey and possible nomination of fraternities and sororities associated with the University of
Iowa.
Montgomery-Butler House: The Commission intends to be involved in the decision making process
regarding the future of the Montgomery-Butler House, a City-owned historic structure located on
the new water treatment facility site.
Increase Staff Time: The Commission hopes to have the City consider increasing its staff for
historic preservation from ~ time to Y= time in future years.
· Develop scrapbook of past projects.
· Continue welcome/notification letters to new residents of historic districts.
· Continue annual reminder letter to historic district residents.
· Continue to work with other Iowa City and Johnson County preservation organizations.
COMMISSION TASK GROUPS/SUBCOMMITTFFS:
Certificate of Appropriateness Task Group: This group is responsible for reviewing applications for
Certificates of Appropriateness on-site prior to the regular monthly Commission meetings. The
group is to discuss the proposed projects with property owners and/or contractors, identify issues
or problems that may exist, and attempt to resolve them prior to the project coming before the
Commission for review. It is anticipated that this will significantly decrease the amount of time the
reviews take at the regular Commission meetings, and will allow better interaction and discussion
of issues with the property owners and/or contractors.
Shaw, Malkmus, Cairns
Conservation District Task Group: This group is to discuss the merits of the potential conservation
districts that have been identified, provide a recommendation to the Commission as to which
district should be pursued for designation, work with residents of the area to collect information
and develop a report nominating the district, and organize and oversee the nomination and
designation process.
Kuenzli, Garsh, Michaud
Historic Landmark Task Group: This group will provide recommendations to the Commission
regarding the second series of historic landmark designations, assist in the research and preparation
of materials to support the nomination of the selected properties, and organize and oversee the
nomination and designation process.
Anderson, Malkmus
Brochure/Map Task Group: This group is responsible for reviewing the information currently being
distributed by the Commission, recommending updates or changes to this information where
necessary, and helping to organize a fund raising effort for the redesign and reprinting of the guide
map "A Guide to Historic Iowa City."
Kelly, Widness
Financial Incentives Task Group: This group will investigate the possibility of establishing a
revolving loan fund for rehabilitation work on designated historic properties, develop a brochure
detailing the various funding and tax credit programs that may be available for owners of historic
properties, and investigate other financial incentives that may help encourage the rehabilitation of
historic properties in Iowa City.
Pugh, Anderson
Code and Ordinance Amendment Task Group: This group is to investigate possible code and
ordinance amendments as outlined in the Historic Preservation Plan, including the possible adoption
of the UBC for Historic Properties.
Pugh, Shaw, Cairns
Historic Preservation Awards Program Task Group: Plan and organize the awards program to be
held in May.
Responsibilities to be shared as determined by Commission
\hpcimpl
November, 1997
3
MINUTES
HISTORIC PRESERVATION COMMISSION
TUESDAY, NOVEMBER 4, 1997
PCD CONFERENCE ROOM
Subject to/ pprovsl
MEMBERS PRESENT:
Michael Pugh, Ann Cairns, Michaelanne Widness, Frank Gersh,
Lars Anderson, Betty Kelly
MEMBERS ABSENT:
Ruedi Kuenzli, John Shaw, Pamela Michaud, Doris Malkmus
STAFF PRESENT:
Scott Kugler
OTHERS PRESENT:
Daisy Owen
CALL TO ORDER:
Vice-Chairperson Pugh called the meeting to order at 12:20 pm
CERTIFICATE OF APPROPRIATENESS REVIEW: 2 BELLA VISTA:
Daisy Owen, the owner of the property, explained the proposed changes to the plan and
the reason the special meeting was called. She indicated that she was unclear about the
roof design on the original plans, and did not want to have a flat roof. She said she had
some problems with a flat roof on'an addition that she removed from the house a few
years ago. The revised plan shows a shed roof over most of the porch, but with the hipped
roof projecting over the entrance as per the original plans.
Kelly asked about the pitch of the roof and how close the top would be to the existing
windows. Owen stated that there would be enough space to put flashing in the area below
the windows. Cairns noted that the pitch of the shed roof would be much less than the
original plans. The pitch of the hip projection over the entry would be the same, and the
pitch at the right end would match the original. Both of these would reflect the pitch of
the main house roof up above.
Owen asked about the possibility of adding a bracket at the top of the columns if she
chooses to do so in the future.
Kelly said she understands the concerns about the flat roof as far as future maintenance.
She said she felt the brackets would be unnecessary and that she is concerned about the
appearance. Cairns suggested that the brackets could be considered at a later time, as
they are not structurally necessary and can be added at any time. Kugler noted that the
Secretary of the Interior's Standards would discourage adding ornamental features that do
not belong or that were never found on the original house. However, in this case the
whole porch is an addition that was not historically part of the house, so he was not sure
how that would apply in this situation.
Kugler questioned why the stair rail was not shown on the plans. Owen said they were
just left off of the plans, but she intends to build them. They were just unnecessary on
this set of plans to show the changes being requested.
Motion: Kelly moved to approve the plans as revised by the applicant and discussed at the
November 4 meeting, to change the roof design. Anderson seconded the motion. The
motion carried on a vote of 6-0.
Kugler asked about the brackets. Owen said she will wait until a future meeting after the
porch is built and she decides whether or not she wants them.
The meeting was adjourned at 12:33 pm.
MINUTES
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997 - 5:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
Lars Anderson, Ann Caims, Frank Gersh, Betty Kelly, Ruedi
Kuenzli, Doris Malkmus, Pam Michaud, John Shaw
MEMBERS ABSENT:
Michael Pugh, Michaelanne Widness
STAFF PRESENT:
Scott Kugler, Traci Howard
CALL TO ORDFR:
Chairperson Shaw called the meeting to order at 5:33 p.m.
PUBLIC DICUSSlON OF ANY ITI=M NOT ON THF AGENDA:
Malkmus asked what was decided on the Summit Street ramp. Shaw said he met with Steve
Kanner and John Loomis on Oct. 31 at the property on 200 S. Summit Street. He said they did
not discuss the proposed ramp, but Kanner told him they had received their grant money, which
included money to hire someone to do some drafting. Shaw said they discussed getting
occupants from the sidewalk to the ramp. He told them that the Commission had no review on
the sidewalk, but they would prefer to not have a steep, concrete path with hand rails cutting
through the property. Shaw said that Kanner agreed to tear out the front steps connecting to the
sidewalk and construct a ramp going up to a flatter area in front of the porch that will connect to
a walk around the house and to the ramp. Shaw said Loomis told Kanner that his proposed
path construction would cost the same as the construction recommended by the Commission.
Cairns asked if Kanner received a copy of the October 14 meeting minutes that had the
Commission's ramp suggestions. Kugler said he sent a draft copy, and would send a final copy
if any relevant changes were made at this meeting. Kugler said the Commission would have to
look at how far the ramp would stick out from the east end of the house. He said that the
Commission gave Kanner ramp construction guidelines at the October meeting, and allowed he
and Shaw to approve the final plans if they are satisfactory. He said if they are not satisfactory,
they will return the plans to the Commission for further review.
Shaw said he attended a church conference a few weeks ago about adapting empty church
structures for reuse. He said they also discussed mega-churches and their affect on
neighborhood churches.
DISCUSSION OF ANNUAL AWARDS PROGRAM:
Kugler said all the relevant materials were included in the agenda packet. He noted that the last
couple of years they have had a problem with jurors being overly cdtical during the public
presentation portion of the program. He said the Commission may want to consider changing
the program format to a public recognition event instead of a competition. He explained the past
format to newer members. Kelly suggested having the jurors choose a winner and have
someone else present the awards and make comments at the program. Anderson suggested
giving special medt awards to every nominated project. Cairns said people attending the
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997 - 5:30 P.M.
PAGE 2
program would be interested in all the projects and how they were renovated. Kugler said some
contractors like the competition because they can tell prospective customers that they have
won the award. Malkmus suggested having former Commission members present awards at
the program because they might know some background on the projects, and still could bring in
jurors as experts in their respective fields.
Shaw asked how many years the Commission had juried awards. Kugler said at least the last
seven years, and in the three programs he had been involved with, the first had good jurors with
a good program, the second had a short program with jurors that were not as informative, and
last year had jurors that made interesting comments during the site visits, but who were very
negative during the program. Kelly said that she spoke with Peggy Wentworth, who was a juror
twice before, and she said she would not mind writing down comments and having someone
else present them. She also suggested talking to Kerry McGrath, who is also a past juror, about
that idea. Shaw suggested having someone present the special merit awards, and having the
jurors discuss the winner. Kugler suggested a Commission member or local person present
comments on all the projects, and the jurors go into more detail with the winner. Shaw said he
thought people liked hearing an expert from out-of-town say nice things about their property.
Cairns said she felt the selection process was arbitrary. Shaw said he annually suggests
breaking up the projects by size, but no one on Commission agreed. Kelly said they had a
problem drawing the boundary lines for categories.
Gersh asked if there were certain jurors known for their positivity. Kugler said he could
remember about four or five in the ~last three years that could be used again this year. Anderson
suggested having one positive expert come to Iowa City, review the nominated projects and
make comments on them. Kelly asked what qualification, or focus area such as history,
architecture or restoration, should the juror be because it would be difficult to find one person
knowing the information for all three areas. Kugler said it was good to have a mixture of
expertise, and if they were going to have jurors they should have more than one.
Shaw said he liked the competition as long as it is a positive experience for everyone. Cairns
said that all of last year's projects were good and had merits for different reasons. Gersh said it
is difficult to compare apples and oranges. Kuenzli said the Commission has to prioritize the
purposes of the program. He said he thought the most important aspect was the educational
part, and he would not like to have the competition. He noted that Commission members know
the background information on many of the nominated projects, which has not often been
considered in past competitions.
Malkmus suggested asking jurors to create categories for which nominated projects are most
noteworthy. Kelly said it is a good idea, but selection must be done carefully and jurors would
have to be given specific details about acceptable categories. Anderson Said that jurors or the
presenter could comment on the properties, and what is best about each of them.
Kuenzli suggested that the priority should be to promote historic preservation. Shaw said he
was concerned that there would be less program attendance without a juried award. Kugler said
the Commission will have to look more closely when nominating the projects if the juried
program is continued. Kuenzli said the Commission could.limit the nomination pool through the
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997-5:30 P.M.
PAGE 3
nomination process. Cairns asked if an outside person could be involved with the nomination
process. She said she would not want to be nominated or compete with a mediocre project.
Shaw suggested using a local person to present the awards, and have them reference the
jurors about each project, and then let the jury talk at length about the winner. Cairns noted
Victor Dover's presentation, and how he used Iowa City to illustrate his points. She said that
something similar could be done with the program, and suggested that someone local interview
the nominees and weave their stories into a presentation. Shaw said he thought the past
presentations were very informative, even if they have negative comments.
Kugler suggested using a local person as one of the jury members. Cairns suggested having
the local person present the information. Gersh said it might be a good idea to have a keynote
speaker. Michaud suggested having a speaker that used the nominated projects as examples
for illustrations dudng the speech. Shaw said their comments might get negative. Kuenzli said
there tend to be more negative comments when a winner has to be chosen. Cairns suggested
having a speaker hand out the merit certificates and make positive comments about the
properties.
Shaw said the Commission should discuss how they are going to be more selective in the
nomination process. Anderson said he thought over-inclusion is good and anyone deserving a
nomination should get one. Shaw said they should maintain standards, and they did not look at
properties as closely as they might have because they thought the jurors would weed the
mediocre projects out. Kuenzli agreed, and said that some Commission members would have
to go around and look at the nominated projects. Kelly said the jurors should be able to talk to
the property owners or renovators while visiting the project. Shaw asked if Commission
members agreed to go on a field trip to view nominated projects if they agreed to not have
jurors. Members agreed. Cairns said at that point, the nominations are not made public.
Kelly said she like Cairns' idea of interviewing each nominee privately and having someone
present their stories. Cairns said members could develop some questions to ask nominees.
Kuenzli suggested using Steve VanderWoode as the speaker because he is a local person who
is very knowledgeable about histodc preservation. Shaw said he thought the interviewing and
videotaping would stop people from allowing their projects to be nominated. Kelly noted that
they are not the only program participants; that they get support from the Friends of Historic
Preservation and Johnson County. Kugler said the Commission puts on their own portion of the
program, but he had heard that some Friends of Histodc Preservation board members would
likely accept a change in the program format. Shaw said they also need to try to make the
program shorter.
Shaw called for a vote on whether the program should have a competition format with
one recognized winner, or a public recognition format with every nominee receiving a
certificate of merit. The Commission voted 6-2, with Shaw and Kelly voting no, in favor of
the public recognition format.
Shaw repeated the need for a field trip to examine the nominated projects. Kugler said
presently the Commission calls for nominations and looks themselves. Then staff gathers
pictures of prospective projects, the Commission makes the nominations and notifies the
homeowners. Shaw said he thought the Commission should watch program attendance to see
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997 - 5:30 P.M.
PAGE 4
how the public reacts to the new format. Kugler said any attendance drop this year would
probably be from the negative comments made at last year's program.
Malkmus said there should be an expert to make a presentation about historic preservation.
Kuenzli said there would be a problem with program length if there was a speaker. Kugler said
the Iowa City portion of the program is scheduled to start at 5:15 p.m., and they should be done
with their portion by 6 p.m. Cairns said the speaker would have some time to make their
presentation fit into the allotted time. Kelly said she would like to see signs put up before or
after the program indication who won awards. Shaw asked why the Iowa City Press Citizen
would not cover the event. Kelly said they told her that they would only cover it if something
different was done.
Kugler suggested taking all the renovation projects or historic preservation activities and come
up with a top 10 list for the past year. Malkmus asked who would choose the 10 projects.
Anderson said they could request ideas from the public, and make it clear that the 10 projects
would be in no particular order. Shaw said that list could be incorporated into the program.
Cairns said the list could be the opening or the round up, but she thought people would still like
to see pictures of the year's nominated projects and hear comments about them. Shaw
suggested tabling the item until the next meeting, and having Commission members think about
the proposed format and the program.
Kuenzli suggested talking to members of Friends of Historic Preservation about the program
format. Cairns suggested including members of the Friends Board in the group that drives
around and examines the projects' to be nominated. Malkmus suggested members look at the
task list included in the agenda packet, and choose one or two things they would be interested
in doing.
DISCUSSION OF PI ANNINC S!:::SSION R!:::PORT:
Kugler said he plugged in the new items, and the task group description list is on the last page.
He noted that the report will be used by the Commission, the City Council and the public to
track the Commission's projects and activities. He said that the list is somewhat prioritized with
the Conservation District at the top and the survey projects next.
Shaw asked what would be done about the question marks by the Historic Preservation Awards
Program task group. He suggested adding the words, "responsibilities shared as determined" in
placed of the questions marks by the Historic Preservation because they do not fully know the
tasks since the exact format has not been determined. Kelly said someone should talk to the
Johnson County Historic Preservation members about where the event will be held.
MOTION: Anderson moved to approve the annual planning report as amended. Kuenzli
seconded the motion.
Michaud said she needed to be put on the Conservation District task group. Cairns said she
needed to be put on the Code task group.
The motion carried by a vote of 8-0.
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997- 5:30 P.M.
PAGE 5
DISCUSSION OF M & W ADDITION. 803 S. SUMMIT STREET:
Kuenzli said he looked at the property, and said there is not much for the Commission to do as
long as the lot is wide enough for a duplex. Kugler said the lot is large enough and wide enough
that duplex( or a single-family house would be permitted.
Kuenzli said the brick sidewalk was deemed important in the City's Summit Street Bridge report.
Kugler said the Commission could comment on the sidewalk to the Planning and Zoning
Commission if they.felt it was important. Kuenzli suggested the Commission look at the
sidewalk before they recommend preserving it. Shaw and Anderson said the current sidewalk is
almost hazardous to run on. Kugler said they are planning to rebuild the sidewalk according to
the legal papers for the subdivision, and the Commission could instruct the owners to repair the
current sidewalk instead of reconstructing a new one. He said there are notes in the staff report
concerning the importance of setbacks. Kelly suggested adding building height to that. Kugler
said the Commission would be able to look at the building's setback, height, scale and location
and size of parking. He said they are planning to use the existing driveway to access both lots.
Shaw said it looked like the sidewalk bdcks were not laid tight. Cairns asked if it was really a
historic sidewalk. Kugler read from the subdivider's agreement regarding sidewalks, saying,
"The subdividers will install sidewalks abutting each of the lots in said subdivision. All sidewalks
shall be at least four feet in width and be constructed according to the plans and specifications
approved by the City Engineer of the City of Iowa City, Iowa." Kugler said the sidewalk design
standards the City uses are four feet in width and poured concrete. Cairns suggested making
the sidewalk width the same as the rest of the Summit Street sidewalks because she thought
they were less than four feet wide. Kuenzli said he would talk to some of the neighbors to find
out how they feel about the sidewalk.
Shaw suggested Kugler add the Commission's concerns about building height, setback, mass,
style and scale to the staff report. Kugler said he would find out some more information about
the sidewalk. He said that the item would not go to the City Council until after the Commission's
December meeting.
DISCUSSION OF GRANT PROJECTS:
Longfellow Neighborhood Survey, Phase Ih
Kugler said staff has collected much of the site information and just started taking photographs.
Original Town Plat Survey, Phase I1:
Kugler said staff has contracts signed with the State, and when they come back he can start
working on the project. He said he would start preparing an RFP soon, and asked members if
they wanted to review it before he sent it out to consultants. He said it is an HRDP project, so
they have two years to complete it. Shaw said he would like to see a draft of the RFP before it
is sent out. He told members to make sure the RFP states exactly what they want and expect
the consultant to do.
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997- 5:30 P.M.
PAGE 6
Original Town Plat Survey, Phase II1:
Kugler said everyone should have received a draft copy of the application Cairns' prepared, and
she would like members to make comments on the application. He said that since this portion of
the City is not part of the Original Town Plat, the Commission needs to come up with a new
name. Kuenzli suggested calling it "The Area East of the Original Town Plat". Shaw said that he
would rather name the area by when it was platted, liked "The Third Major Town Plat" if that
applies. Kugler said the area they are discussing is pretty cleady part of Goosetown. The
Commission discussed boundaries of the area because Cairns noted two houses that look like
they could be part of the platted area, but it was hard to tell if they were.
Michaud said the area is the northeastem section. Gersh suggested naming the project, "The
Early Neighborhood Northeast of the Original Town Plat, Phase II1". The Commission agreed on
the title. Kelly suggested strengthening the idea that it is very important to study blue-collar
neighborhoods, and the area is endangered. She said that they need a compelling argument to
get the grant, such as trying to save this type of area, making the application unique. Malkmus
said the area is important because there are a significant number of vernacular folk houses and
because it is a blue-collar neighborhood. Kelly said the area is more comparable to a small
Iowa town that has a rural flavor, and it is in the middle of Iowa City.
Gersh suggested saying that the area is very homogenous-looking, but out-of-scale and design
buildings could be built on the empty lots if the area is not made into a historic district. Kugler
said he needed the application back by Thanksgiving weekend in order to finalize the
application and meet the deadline.
UPDATI= ON THE PARK HOUSF HOTEL:
Kugler said the November 1 stabilization deadline for the house was met. He said the property
is on the northwest comer of Dubuque and Jefferson Streets. He said they were required to
stabilize the building, so that when they were working inside there would not be a danger of the
building coming apart. He said there are metal plates on the north and south walls to tie the
walls to the floor joists. He said the next step is to have rehabilitation plans submitted by
January.
UPDATF ON THE MONTGOMI=RY-BUTLFR HOUSF:
Kugler said this house is on the City's water treatment plant facility site. He said the City plans
on stabilizing the building, but that it has been tied up in federal permitting for the water plant for
the past year. There is now an agreement that has been accepted by the various parties
involved on how to deal with the property. He said the architect the City has hired has been
instructed to finalize the stabilization plans, and hopefully complete them by this winter.
Kelly suggested tapping into the ISTEA funds. Kugler said that could be considered when the
house is rehabilitated, provided there is a transportation element and the program is still
available.
HISTORIC PRESERVATION COMMISSION
MONDAY, NOVEMBER 10, 1997 - 5:30 P.M.
PAGE 7
RFPORTS FROM TASK GROUPS:
Shaw said this item would be on the agenda each month, and each task group should be able
to demonstrate some movement toward their goals each month. Kugler passed out existing
information to members of each group. Shaw said that task groups should meet before the next
Commission meeting, discuss their initial steps toward their goals and report back at the next
meeting.
CONSIDFRATION OF MINUTFS FROM THF: OCTOBF:R 14. 1997. MEETING:
Kuenzli said on page 7 in the second full paragraph on the third line, the line should read, "He
suggested having an event to celebrate the approval of the Longfellow Historic District by the
City Council when that occurs. He said...". Kuenzli said on page 9 in the last line under the
1113 East College Street paragraph "not" should be changed to "no". Kelly said on page 8 in
the second paragraph under the Original Town Plat Survey, Phase II, she said she was not
upset with the paners comment that the fees were so high because the Commission knew
Nash's fees would be higher. Kelly wanted the sentence to read, "Kelly said there should be no
surprise with the panel's comment that Nash's consulting fees were too high because the fees
were stated in the contract." Shaw and Malkmus suggested striking the sentence, and Kelly
agreed.
MOTION: Kelly moved to approve the October 14, 1997, meeting minutes as amended.
Malkmus seconded the motion. The motion carried by a vote of 8-0.
COMMISSION INFORMATION/DISCUSSION:
Kugler noted the copied booklet in the agenda packet that was suggested by Kerry McGrath.
He said that the other paper was a newsletter that contained interesting information.
ADJOURNMENT:
MOTION: Anderson moved to adjourn the meeting. Gersh seconded the motion. The
motion was carried by a vote of 8-0, and the meeting was adjourned at 7:32 p.m.
Minutes submitted by Traci Howard.
ppdadmin~mins~hpcl 1-10.doc
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY OCTOBER 16, 1997 - 5:45 P.M.
IOWA CITY TRANSIT FACILITY
MEMBERS PRESENT:
Howard Horan, John Penick, Dick Blum
Rick Mascari, Pat Foster
STAFF PRESENT:
Eleanor Dilkes, Ron O'Neil
CALL TO ORDER:
Chairperson Foster called the meeting to order at 5:45 p.m.
quorum was present.
A
APPROVAL OF MINUTES:
The minutes of the September 11, 1997, meeting were approved as
presented.
AUTHORIZATION OF EXPENDITURES:
Blum made a motion to approve the bills.
motion. The motion was approved 5 - 0.
Horan seconded the
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
O'Neil presented Blum with an award O'Neil had accepted on Blum's
behalf at the Iowa Aviation Conference. The award was presented to
Blum by the president of the Iowa Public Airports Association for
dedication and service to aviation in Iowa. The Commission
congratulated Blum for this accomplishment.
ITEMS FOR DISCUSSION/ACTION:
a. ACSG project - Chris Green said that appraisals are being
reviewed for the Schellin, Fitzgarrald, and Schintler properties.
Appraisals have been ordered for the Dyer and Ruppert properties.
A newsletter has been drafted. Green circulated a copy of the
newsletter to the Commission and asked for comments. About 200
copies of the letter will be sent to property owners, tenants, and
other interested parties.
b. Ultralight policy - There was discussion on the policy drafted
by the Commission at the September meeting. Blum said he thought
that ultralights should follow the standard pattern but should not
be at the standard altitude. This means left turn patterns.
Blum also suggested a change in who should determine when traffic
is too congested to allow ultralight vehicles. It was suggested
the language should read 'the Airport Manager or designee'
Jones, from Iowa City Flying Service, said he thought any time an
ultralight was flying near an airport it would be a safety hazard.
Mascari said he thought requiring ultralights to have and use a
transceiver would help increase safety. Blum said this policy can
and will be reviewed if ultralights become a safety problem.
It was also determined that a pilot's license and a current medical
certificate would be required. An ultralight pilot would have to
have the license available for review at any time.
Mascari made a motion to'accept the changes suggested.
seconded the motion and it passed 5 - 0.
Penick
Blum made a motion for a resolution to adopt the ultralight policy.
Penick seconded the motion. At roll call vote, the motion passed
5 - 0.
C. Airport Terminal/shop renovation - Mascari said he and Horan
visited the Ames and Pella airport terminal buildings. He said the
manager in Ames said they spent about $ 80,000 to renovate their
terminal. Mascari said that the Commission needs to do something
to improve the looks of the Airport Terminal.
O'Neil said an engineering firm has inspected the Terminal and
determined it to be structurally sound. In a separate inspection
of the mechanical systems, it was estimated that it would cost at
least $ 175,000 to bring. the building up to code. This does not
include the interior renovation of replacing windows, replacing the
ceilings, new furniture, etc.
Accessibility of the second floor was discussed. If the second
floor is to be made into a public lounge, handicapped access would
have to be provided. This would probably mean installing an
elevator.
The Commission discussed some type of public/private venture to
upgrade the Terminal. Although many businesses use the Airport on
a daily basis, there are no large major businesses headquartered in
Iowa City. That makes fund raising more difficult.
The cost to renovate the building may be as much or more than
replacing the building. Because of the construction of the
building, the cost to renovate the mechanical system would be
expensive. The current system can not be adapted to allow for
central air conditioning of the building.
O'Neil suggested having a conceptual design drafted to be able to
discuss with the City Council how to upgrade the building. Horan
and Mascari will assist in putting a plan together.
Foster said the Commission also needed to discuss how to renovate
or replace the maintenance shop space. It was estimated that it
would be about $ 100,000 to replace the roof, the siding, and
insulate the walls of the old building. A new insulated pole
building would cost about the same as renovating the old shop and
a new building could be designed to be more functional.
Penick said it would make sense to put the FBO maintenance shop
closer to the Terminal Building. He said he thought the site south
of the Terminal Building would be the best location. Jones, from
ICFS, said he would be willing to sign a 20 year lease if it was
similar to the building designed last year.
O'Neil said there are two issues that need to be considered
concerning space requirements. Renovating or replacing the shop is
an immediate concern. How to replace the 8000 square feet when the
United hanger is removed is also an issue. He said the building
will be removed in conjunction with the construction project to
relocate the threshold for Runway 24.
Blum suggested working with ICFS on what would be a functional
replacement for the maintenance shop. Replacing the United hangar
space is an issue that can be addressed at a later date. O'Neil
and Foster will work with Jones on replacing the shop building.
d. North commercial area - O'Neil reported he met with City
Manager Arkins, Public Works Director Schmadeke, City Attorney
Dilkes, and Planning Director Franklin to discuss the North
Commercial area and the new Public Works site. Atkins said he had
a plan on how to locate the Public Works building on the south
Airport site and an idea.for developing the North Commercial area.
He suggested meeting as soon as the new Council is elected. O'Neil
will try to schedule a meeting between the Commission and the
Council sometime in the first two weeks of November. The election
is November 4. November 10 is a possible meeting date.
e. 1999 budget - O'Neil included budget material in the
Commission packet. There were several items that he suggested
should be adjusted. The Commission reviewed the material and
directed O'Neil to proceed with revising the budget. O'Neil said
there will be a meeting with the Council in January or February to
discuss the budget.
CHAIRPERSON'S REPORT:
No items were presented.
COMMISSION MEMBERS' REPORTS:
Blum thanked the Commission for the card they sent him after his
surgery.
The Commission congratulated Dilkes on her promotion to City
Attorney.
Horan said he gave a presentation to ICAD on October 10 concerning
the Airport Master Plan.
Mascari said he and Horan attended the Iowa Aviation Conference.
Horan said he spoke with those involved with the Section 106
historical review. O'Neil said he is working on the application
now. Horan said the Commission may need to hire a consultant to
assist with the survey.
ADMINISTRATIVE REPORT:
Dilkes said now that she is the City Attorney, someone else will
probably be assigned primary responsibility for the Airport. She
will wait until someone else is hired before determining who will
be assigned to the Airport.
O'Neil is moving ahead with design for a new Airport entrance sign.
The sign will be similar to the new City of Iowa City entrance
signs. He will have conceptual drawings at the next meeting. The
sign will be more than the Commission has budgeted, but O'Neil
would like to have a sign similar to the City's entrance signs to
identify the Airport as city owned.
There was a memo in the packet concerning the Willow Creek sewer
project. The project is scheduled to go out for bid in February of
1998. O'Neil said he has suggested to Public Works to send in the
FAA 7460 airspace study form now to avoid possible delay when the
project is ready to start.
There was a meeting for council candidates on October 15. Several
department directors presented information on programs that may
need the immediate attention of the new council. O'Neil said he
gave a short presentation on the land acquisition and easement
project.
Foster, Horan and O'Neil attended a meeting and answered questions
concerning the effect of the Master Plan as it relates to the
City's comprehensive plan.
SET NEXT MEETING:
The next regular meeting is scheduled for November 13, 1997, at
5:45 p.m.
ADJOURNMENT:
The meeting adjourned at 7:38 p.m.
~J ?
Pat Foster,~ Chai~'
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, NOVEMBER 12, 1997- 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
i S biect to
MEMBERS PRESENT:
Susan Bender, Lowell Brandt, Kate Corcoran, Patricia Eckhardt,
Bill Haigh
MEMBERS ABSENT: None
STAFF PRESENT:
Melody Rockwell, Sarah Holecek, Traci Howard
CALL TO ORDER:
Chairperson Eckhardt called the meeting to order at 4:34 p.m.
ROLL CALL:
All five Board members were present for roll call.
CONSIDERATION OF THE OCTOBER 8, 1997, BOARD MINUTES:
MOTION: Brandt moved to approve the October 8, 1997, meeting minutes as submitted.
Bender seconded the motion. The motion carried by a vote of 5-0.
SPECIAL EXCEPTION ITEMS:
EXC97-0025. Public hearing on-an application submitted by Rick and Susan Zollo for a
special exception to permit a side yard and a rear yard modification for property located in
the RS-5, Low Density Single-Family Residential Zone, at 1604 E. Court Street.
Rockwell said the applicants, Rick and Susan Zollo, are proposing to build a residential
addition containing a bedroom, a laundry room and an expansion of a bathroom. She said
the proposed addition would encroach partially into the 20-foot rear yard setback area along
the east lot line and potentially into the five-foot side yard setback area along the north lot
line. The applicants, therefore, request that the Board approve a special exception to
reduce the rear yard and side yard setback requirements to allow construction of the
proposed residential addition.
Rockwell said the main peculiarity of the property involves the house being centered on a
larger lot when it was constructed, and according to the applicants, the rear and side yards
were reduced when previous owners sold portions of the original lot to adjoining property
owners.
She said the proposed addition would result in a 276 square foot encroachment, which is 16
percent of the total rear yard setback area, and the site plan and floor plan submitted by the
applicants show no side yard encroachment. She said the applicants have stated, however,
that they would like to have the laundry room addition extend to within three feet, ten inches
of the north lot line, or flush with the north wall of the garage. She said this would represent
a 1.8 percent encroachment of the total side yard requirement. She said even though it is a
very small encroachment, staff cautions against granting the side yard reduction because it
adds to the existing encroachment of the garage, creating a blank wall appearance along
the north lot line, and in practical terms it may preclude having a window on the north wall of
the laundry room as it is shown on the floor plans.
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 12, 1997
PAGE 2
Rockwell said staff feels the proposed residential addition should serve to upgrade the use
and value of the subject property, and will have a general, positive impact on neighboring
properties. She said it is unlikely that the addition will be all that noticeable to the
neighborhood at large, and no mature trees will need to be removed in order to construct
the addition. She noted that there is an evergreen tree and some shrubbery south of the
residence that will screen the new addition. Rockwell said the applicants have indicated
their intent to plant evergreen screening along the perimeter of their property across from
the proposed landscaping. She said staff is supportive of the proposed evergreen
landscaping.
Rockwell said given the modest encroachment being requested, the projected
improvements to the property that will be generally beneficial to the neighborhood, and the
lack of practical alternatives, staff views the requested rear yard modification as appropriate
and reasonable. She noted that staff is not convinced that the requested side yard
modification is justified.
Rockwell said staff recommends that EXC97-0025, a special exception to reduce the rear
yard requirement along the east lot line from 20 feet to 9 feet for the 16-foot length of the
bedroom addition, and from 20 feet to 15 feet for the 20-foot length of the bathroom and
laundry room addition be approved for property located in the RS-5 zone at 1604 Court
Street, subject to providing evergreen screening along the north lot line from a point that is
a minimum of six feet from the east side of the garage to the east lot line, and along the
east lot line from the north lot line to a point parallel with the south wall for the bedroom
addition. She said staff further recommends that the request to reduce the side yard along
the north lot line from five feet to three feet, ten inches for the eight-foot width of the laundry
room addition be denied.
Public hearing opened.
Richard Zollo, 1604 Court Street, introduced his building contractor Peter Ewoldt, and said
the bathroom needs renovation, the back porch will be converted to a bedroom and the
laundry facilities will be moved upstairs from the basement. He said that he would have to
fix the back part of the roof on the house anyway due to hail damage, and he would like to
improve the foundation and the back patio area.
Eckhardt asked how many bedrooms the house had. Zollo said it has two small bedrooms
upstairs and one room downstairs that was used as a bedroom, and is now a home-office.
He said they are making an investment with the addition, because having a master bedroom
on the main floor and a larger, more modern bathroom will increase the value of the house.
He said he talked with his neighbors on both sides about the addition plans, because they
will be directly affected. He said they saw it as improving the property.
Bender asked Mr. Zollo if he had issue with the staff recommendations. Zollo said no, they
had planned to plant evergreens along the property lines and they agreed that it would be
okay for the Board to deny the side yard request.
Bettv Iverson Monroe, 325 Colleae Court said she lives directly across the street from the
Zollos. She said she is all for people putting money into their homes through renovation and
repair, but she was concerned with parking availability. She said she had not seen the
elevations until that afternoon, and she wished to withdraw the comments she had
forwarded to Board in a letter that stated her concerns about this project.
Public hearing closed.
IOWA (~ITY BOARD OF ADJUSTMENT
NOVEMBER 12, 1997
PAGE 3
MOTION: Haigh moved to approve EXC97-0025, a special exception to reduce the rear
yard requirement along the east lot line from 20 feet to 9 feet for the 16-foot length of
the bedroom addition, and from 20 feet to 15 feet for the 20-foot length of the
bathroom and laundry room addition for property located in the RS-5 zone at 1604
Court Street, subject to providing evergreen screening along the north lot line from a
point that is a minimum of six feet from the east side of the garage to the east lot line,
and along the east lot line from the north lot line to a point parallel with the south
wall for the bedroom addition. Bender seconded the motion.
Haigh said that this is a pretty modest exception because the porch area is already there,
and changing the area into a bedroom will not aesthetically change the character of the
house. He said there are unusual circumstances related to the way the house is located so
close to the rear lot line. He said he could not see any reason to deny the special exception.
He said the renovations and repairs would increase the property value of the Zollos' house
and of the neighborhood as a whole.
Bender said she concurred. She said the amount of encroachment into the rear yard is very
minimal, and it will not significantly change the appearance of the Zollos' home or negatively
impact any home in the neighborhood. She said the addition would not be a health or safety
risk, or increase any density. She said the neighbors most directly impacted are all in
support of the special exception. She said with regard to the parking situation, the applicant
is not doing anything to increase the number of people living in the home or coming to visit.
She said the renovations and repairs would increase the property value of the Zollos' home
and those surrounding it, so she would support the special exception.
Brandt said that he would support the special exception. He noted that in constructing the
bedroom, the Zollos are basically replacing a structure that is already there. He said he
appreciated the fact that the Zollos took the time to talk about the project with neighbors
who would be directly impacted. He said the rear yard modification would not result in
increased density; an additional dwelling unit or apartment use within the single-family
residence is not permitted in the RS-5 zone. He said the property is unique in that the house
was ,constructed centered on the lot, and the rear and side yard setbacks were diminished
as the property was divided up over the years.
Corcoran said that she would support the special exception as long as the Zollos were
planning to include evergreen screening. Eckhardt said she would support the application.
The motion carried by a vote of 5-0.
Motion: Brandt moved to approve EXC97-0025, a request to reduce the side yard
along the north lot line from five feet to three feet, ten inches for the eight-foot width
of the laundry room addition. Haigh seconded the motion.
Brandt said the owner has no objection to the request for a side yard reduction being
denied. He said he would oppose the motion.
Eckhardt said when she walked beside the garage she felt the space between it and the
north lot line was awfully tight. She noted that the house to the north is on a small lot with a
small backyard and does not have much breathing room. She said she would also vote no.
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 12, 1997
PAGE 4
Haigh said when things are built too close to a lot line, it decreases the opportunity to do
maintenance work. In this case, the fence is right on the property line next to the garage,
decreasing the amount of future workspace. He said he would also vote against the motion.
Corcoran said she was in favor of the motion. She said she did not think there would be a
blank wall. She said the windows in the garage and the roof lines don't create a monolithic,
straight wall-like appearance. She said it would be easier and more functional for the
homeowner to have the laundry room be flush with the existing garage. She said it would
not be that big of an encroachment, so she would be in favor of the motion.
Bender said she felt the same way as Corcoran. She said with the garage structure already
there, she did not think the addition would make or break the side yard setback area. She
said the neighbors to the north, who would be most directly impacted, like the proposed
plan. She said it did not appear the addition would create a big, blank wall, and the eight
foot length of encroachment is not that critical. She said it would be located in a back corner
of the lot that nobody sees, and she would support the motion.
Corcoran asked how far back the adjusted surface of the addition would be from the north
edge of the garage. Rockwell said 14 inches. Eckhardt said that the garage is a less
substantial part of the house and the surfaces would not need to line up.
The motion was denied bv a vote of 2-3, with Brandt, Eckhardt and Hai(Ih votincl no.
BOARD OF ADJUSTMENT INFORMATION:
Rockwell said she made reservations at Jimmy's Bistro for Eckhardt's good-bye luncheon on
December 10. She said current and former Board members, City Council members, and staff
who work with the Board will be invited.
Haigh asked if a new Board member had been appointed. Rockwell said Council had hoped to
make the appointment by November 11, but there had not been any applications for the Board
position.
Bender asked where the Planning and Zoning Commission was with the code amendment
request about whether to count the basement as part of the floor area of a restaurant. She
asked if the Streits planned to appeal the Board's October 1997 decision. Rockwell said the
code amendment item had been placed on the Planning and Zoning Commission's pending list,
but it had not been addressed yet. Holecek said it had been placed further down on the
Commission's pending list.
Rockwell said regarding the allegations made by Mr. Streit at the October 1997 meeting, she
had checked the Board's records to see if the Board or staff had received a floor plan prior to
the 1996 meeting on the Streit restaurant. She said no floor plans were made available for the
Board or staff to review in 1996. She said the 1996 staff report notes that according to the
applicant, there would be 110 seats in the restaurant. This was mentioned as one basis for
calculating parking. She said the focus at that time was on the total square footage of the
restaurant and how much parking would be required based on that. She said in 1996, the
· evaluation of the appropriateness of the size of the restaurant did not look at the number of
seats. She said when she requested a floor plan to be submitted with the 1997 application, it
showed 127, not 110 seats. She said it was at this point that staff began to evaluate appropriate
restaurant sizes for the CN-1 zone by looking at comparable seating areas in restaurants
around town as well as the total square footage of the restaurant. She said this was a new way
IOWA CITY BOARD OF ADJUSTMENT
NOVEMBER 12, 1997
PAGE 5
of evaluating the application. Bender commented that this type of evaluation was helpful to the
Board.
In terms of the basement area, Rockwell said that staff and the Board did not know that there
was space in the basement the applicant wanted to use until Mr. Streit came in for the building
permit and the Housing and Inspection Services staff would not sign off on it. Holecek noted
that the applicant could appeal to District Court, and had 30 days after the decision was
submitted and signed by the City Clerk to do so.
ADJOURNMENT:
MOTION: Haigh moved to adjourn the meeting. Bender seconded the motion. The motion
carried by a vote of 5-0, and the meeting was adjourned at 5:10 p.m.
Patricia Eckhardt, Chairperson
M elo~kwe~l ~ecretary
Minutes submitted by Traci Howard.
plxJadrnin~nins'~3a 1112.doc
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IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, NOVEMBER 12, 1997- 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
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MINUTES
IOWA CITY BOARD OF APPEALS
MONDAY, SEPTEMBER 15, 1997 - 4:30 P.M.
CONFERENCE ROOM, IOWA CITY TRANSIT BUILDING
MEMBERS PRESENT: Anna Buss, Robert Carlson, Gary Haman, Wayne Maas, John Roffman,
Tom Werderitsch
MEMBERS ABSENT: John Staska
STAFF PRESENT: Ron Boose, Roger Jensen, Andy Rocca, Kathy Zuckweiler
OTHERS PRESENT: Phil Phillips, Joan Tiemeyer, Glenn Siders, Harvey Wehde,
Dennis Spencer, Jim O'Brien
RECOMMENDATION TO COUNCIL ·
Recommended approval, by a vote of 5-0, of a revised definition of grade as proposed by staff, noting that
the amendment applies only to artificially-raised grade used to determine the height of the building. The
revised definition reads:
GRADE (Adjacent Ground Elevation) is the lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building and the property line or, when the property
line is more than five feet from the building, between the building and a line five feet from the building.
When the finished surface of the ground is raised by adding fill to create a higher grade around a building
for determining the height of the building, the slope of the fill shall not exceed four horizontal to one
vertical (4:1 ) or twenty-five percent (25%) within 20 feet of the building.
1. CAI.!. TO ORDER
The meeting was called to order at 4:37 p.m. by Chairman Carlson, with Haman, Roffman and Werderitsch
present.
2. APPROVAl, OF MINUTES OF JUI,Y 7, 1997 MEETING
Werderitsch moved to approved the minutes of the July 7, 1997 meeting as submitted. Roffman seconded.
The motion carried unanimously 4-0.
Buss arrived at 4:45 p.m.
3. HEAR REQUEST FOR A VARIANCE FROM SECTION 14-5E-18C OF TI-[F, IOWA CITY
HOUSING CODE (FIRE EXTINGUISHERS) FOR THE PROPERTY AT 714 AND 722 IOWA
AVENUE.
Phil Phillips identified himself as the owner of the property in question and stated that three of the units are
rental and one is owner-occupied. Phillips purchased 1A-10BC fire extinguishers several years ago that
conformed with then-current housing code specifications. He indicated that the minimum class of fire
extinguisher has been upgraded to 2A-10BC since he originally purchased the extinguishers currently in the
units and he does not want to purchase new fire extinguishers that comply with current specifications.
Iowa City Board of Appeals
September 15, 1997
page two
Rocca stated that a 2A-10BC extinguisher would extinguish twice the amount of fire produced by general
combustibles that could be extinguished with a IA-10BC extinguisher. Boose asked Phillips when he had
purchased the extinguishers. Phillips replied that he had purchased them when the housing code began to
require them, which Boose estimated to be the late 1970s or early 1980s. Rocca noted that the age of the
extinguishers may require maintenance of the extinguishers as annual evaluations and a 12-year service and
maintenance inspection are mandated by Fire Code and suggested that the cost of the service inspection
may exceed the cost of new extinguishers.
Boose stated that a provision to the housing code was added in 1993 stating that all fire extinguishers must
be 2A-10BC rated by the end of 1994. Since duplexes are inspected every three years, this is the first time
Phillips' duplex would be required to have 2A- 10BC extinguishers. Boose stated that a mailing went to all
rental property owners at the time of the change to the housing code informing them of the upgrade to the
fire extinguisher requirement and the deadline for requiring the new extinguishers to be placed in rental
units. Phillips stated that he received the mailing but did not feel that was an appropriate time to appeal the
change since he was not required to make the upgrade at that time.
Carlson stated that the test of a variance was ability to meet the following criteria: 1) practi.cal difficulties or
unnecessary hardships to carry out the strict letter of the notice or order; 2) due to particular circumstances
presented, the effect of the application or provisions would be arbitrary in the specific case; 3) an extension
would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this
arbitrary effect; and 4) such a variance-'is in harmony with the general purpose and intent of the housing
code in securing the public health, safety and general welfare. Carlson stated that an extension would not be
appropriate, the application of the provision would not be arbitrary and practical difficulties or unnecessary
hardships are not considered unless the other tests of a variance are valid. Carlson stated that the question
of public safety and welfare is what would be considered. Phillips asked if any distinction between the
rental unit and the owner-occupied unit existed. Boose replied that owner-occupied units are inspected for
fire safety since a fire in one half of the duplex would impact the other half of the structure.
Werderitsch moved to deny the request since the test of a variance could not be met. Roffman seconded.
The motion carried unanimously, 5-0.
4. DISCUSSION OF PROPOSED AMENDMENT TO THE DEFINITION OF GRADE
Boose reminded the Board that they had discussed this amendment at a previous meeting and directed
Boose to prepare some language for the amendment and bring the written amendment to the Board for
consideration. Boose noted that the definition of grade is consistent in both the building code and the
zoning ordinance and staff would like to maintain that consistency. Boose stated that he had taken the
amendment in its current form to the Planning and Zoning Commission for consideration but they had been
unable to reach a consensus, ending on a split vote of 3-3, with one member of the commission absent, and
thus made no recommendation to City Council. Boose stated that he will take the amendment forward to
Council with no recommendation from Planning and Zoning and would like a recommendation from the
Board of Appeals with regard to amending the building code.
Roffman asked why P&Z had been unable to reach a consensus. Boose replied that the chief opponent to
the amendment felt that a change in enforcement would be more appropriate than an amendment to the
Iowa City Board of Appeals
September 15, 1997
page three
Zoning Ordinance. Boose stated that staff was not in favor of a change in enforcement without the support
of an amendment since there had been problems with enforcement in the past. Boose also noted that some
members of the commission were uncomfortable with the language of the amendment, which is admittedly
cumbersome and potentially difficult for persons not in the building trade to understand. Boose said that all
members did not like the practice of building a retaining wall or slope five feet out from the building and
using that to determine grade in order to achieve a taller building. The amendment had originally been
proposed with a ten-foot distance from the building before a retaining wall or slope could be constructed,
which would eliminate most of the problems, however in some cases where large lots exist, retaining walls
could still be constructed beyond the ten-foot distance. Also, a ten-foot distance could pose a problem for
fire fighters trying to place equipment near a building and only having ten feet in which to work. Boose
stated that, given the potential problems with a ten-foot distance, he would like to propose the amendment
to this Board with a 20-foot distance from the structure, and emphasized that this amendment applies only
to artificially-built-up grade and not natural slopes. Boose stated that staff has met extensively to engineer
the wording in the proposed amendment so that it would halt the objectionable practice of artificially raising
grade for a five-foot distance from the building for 50 pement of the perimeter of the building, and be
understandable to builders and inspectors and defensible in court.
Siders asked if a situation where a natural slope is present and is excavated five feet from the rear of the
building and secured with a retaining wall is any different from the artificially-constructed grade five feet
out from the building in terms of fighting a fu'e and placing fire equipment near the building. Boose stated
that 50 percent of the perimeter is used to determine grade and the amendment only discusses artificial
grade, so a natural slope would be exempt from this amendment, but may fall under the purview of the
Sensitive Areas Ordinance. Rocca said that five feet was a very small space to place ground ladders and
other tire-fighting equipment in; a ten-foot distance would be marginal and a twenty-foot distance would be
the Fire Depa,'hnent's choice, as it allows them a much greater space for their equipment. Jensen said that
ten feet allows little margin for error with the bulk of the equipment and the space needed for fire fighters to
move.
Boose stated that P&Z considered the amendment with a proposal of ten feet and the twenty-foot distance
developed after formal consideration of the amendment. After some discussion of alternate language,
Carlson moved to forward to City Council a recommendation to revise the definition of grade as proposed
by staff, noting that the amendment applies only to artificially-raised grade used to determine the height of
the building and using a twenty-foot distance. Werderitsch seconded. The motion carried unanimously,
5-0.
DISCUSSION OF THE 1.0CAI, AMENDMENT TO SECTION 904.2.8 OF THE UNIFORM
BUll ,D1NG CODE REGARDING THE INSTAI ,!,ATION OF SPRINKLERS IN APARTMENT
BUILDINGS
Carlson stated that the Board had been asked by City Council to review the local amendment in response to
input from the Home Builders Association (HBA). Siders said that Council had solicited HBA's input on
issues that contributed to the cost of construction in Iowa City and the installation of sprinklers in apartment
buildings was one item identified. Siders stated that the HBA could not see any evidence that Iowa City
warrants stricter regulations regarding installation of residential fire sprinklers than those set out by national
building codes, and therefore believes that the Iowa City. amendment should be repealed. Siders said that
Iowa City Board of Appeals
September 15, 1997
page four
the HBA did not question the value of sprinklers in preserving personal property, but could find no evidence
that the stricter Iowa City regulations impacted life safety and requested that City officials bear the burden
of proof that the local amendment is necessary. Siders presented cost estimates for sprinkler installation in
a 12-plex apasiment building (approximately 2-3 percent of the cost of the building) and discussed
insurance premium reductions for owners of sprinkled buildings.
Rocca indicated that the amendment had developed out of staff research for the 1994 code and discussed
two fires that had occurred in Iowa City, one where sprinklers were present and one without sprinklers in
the dwelling. Rocca showed a videotape discussing the benefits of sprinklers and the property and lives
saved when sprinklers are present in dwellings. Rocca then discussed statistics pertinent to the Iowa City
Fire Department, which has fewer personnel per apparatus per capita than most other career fire
departments in Iowa. Rocca also emphasized that OSHA requires four personnel at a fire with two
firefighters outside a structure as backup and support before two fire fighters can enter the structure to fight
the fire. Iowa City has three-person engine companies, which means that, under OSHA regulations, the first
engine company on the scene must wait for the second engine company to arrive before any fire-fighting
personnel can enter the structure. Rocca noted that in the time it takes for fire fighters to arrive and be
legally able to enter the structure to fight the fire, sprinklers can aid greatly in extinguishing or containing
the fire. Due to the value of sprinklers in fighting a fire and due to the current staff'rag of the Iowa City Fire
Department, Rocca stated that the Fire Department would like the Board to retain the present wording of the
local amendment.
Siders reiterated that the HBA is not against sprinklers, they only question when sprinklers should be
required. He stated that most types of construction require each dwelling unit to be virtually surrounded by
one-hour fire-rated drywall and emphasized the quantity and breadth of contribution solicited in
development of the national codes.
Boose stated that Iowa City has few amendments to the building code, but most of the amendments adopted
arose out of the high density of multi-family dwellings in Iowa City. Carlson said that the changes made by
the local amendment required sprinklers to be installed in structures with three or more floors of residential
occupancy (regardless of the number of stories) and nine or more dwelling units. National code requires
sprinklers in residential structures three or more stories in height and containing 16 or more dwelling units.
Carlson noted that two Board members were absent from the meeting. Boose asked the Board for some
direction, or to defer the decision until the next Board meeting when all members are present. Roffman
moved to defer a decision until the October Board meeting. Werderitsch seconded. The motion carried
unanimously, 5-0.
6. OTHER BUSINESS
Boose told the Board that the City will sponsor a Fire Safety Fair at Forest View Trailer Court on October
11, 1997 from 12:00 noon until 3:00 p.m. and encouraged Board members to attend.
Boose also stated that he had requested a progress update from Mike Hodge on the restoration project at 130
E. Jefferson Street since the deadline for a commitment from Hodge was September 8, 1997. Hodge had
faxed a letter to Boose the afternoon of September 15 stating that he was still investigating architectural and
Iowa City Board of Appeals
September 15, 1997
page five
financing options for the project and should have a firm indication within 60 days. Carlson stated that based
on the failure to meet the deadline and the inadequate response that assumed another 60 days, he believed
the extension to the demolition order should be revoked and the process should begin to demolish the
building. Werderitsch asked if any other communication had taken place between Hodge and the City.
Boose replied that no communication had taken place and that Boose had called Hodge to request a
progress report for the meeting. Boose said that he had met with David Hodge to verify that the building
had been secured. Buss moved to proceed with the order to demolish the building.
Maas arrived at 7:05 p.m.
Boose urged the Board to obtain legal counsel prior to voting on Buss' motion. Werderitsch proposed a
friendly amendment to Buss' motion to defer a vote on the motion pending legal counsel. Buss accepted
the amendment and suggested a special meeting prior to the next regularly-scheduled Board meeting to
consider the demolition. The Board directed Boose to contact Assistant City Attorney Dennis Mitchell and
schedule a meeting when he could be present for counsel. Carlson moved to direct City staff to prepare
information for a special meeting at which the Board could make a decision on the extension to the
demolition order for 130 E. Jefferson and to schedule that special meeting when legal counsel could be
present. Roffman seconded. The motion carded unanimously, 6-0.
Siders asked about the status of enforcement of exhaust fans in laundry rooms. Boose replied that the
requirement for exhaust fans in laundry rooms was not being enforced and the amendment to the code
would be sent to City Council for consideration at the same time as other code amendments.
7. ADJOURNMENT
Roffman moved for adjournment at 7:15 p.m. Buss seconded the motion. The motion was unanimously
approved and the meeting adjourned.
Minutes submitted by Kathy Zuckweiler.
Approved:
Robert Carlson, Board Chair
Date
MINUTES
PARKS AND RECREATION COMMISSION
NOVEMBER 12, 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, Mike Moran, Jim Wonick, Marilyn
Kriz
CONSULTANT:
Thomas Dunbar (Dunbar/Jones Partnership)
GUESTS:
Dick Dolezal, Judy Slezak, Brian Sharp
FORMAL ACTION TAKEN
Klink noted the following corrections to the October 9 minutes: page 3,
paragraph 3, first sentence - "The 40 acre mixed-use conceptual plan
includes a trail on both the north and seu~h eas~ side," and page 3,
paragraph 5, last sentence - "He indicated although it probably was not
normal not to have all of the land contiguous...". Moved by Klink,
seconded by Fearing. to approve the October 9, 1997 minutes as amended.
Unanimous.
Moved by Wilburn, seconded'byMaurer, to recommend to the City Council
to adopt the 40 acre conceptual Dian encompassing aDDroximatelv 10 acres
of usable cemetery land, with flexible cemetery desiqn, and dedication
of the remaining acreage as parkland. AYES: Wilburn, Maurer, Pacha,
Wallace. NAYS: Stroh, Fearing, Pruess, Klink. The motion failed.
(Endel had to leave the meeting prior to the time the vote was taken.)
(Oakland Cemetery Expansion)
Moved by Stroh, seconded by Maurer, to accept fees in lieu of land
dedication in the Louis Condominiums development. Unanimous. (Louis
Condominiums)
COMMISSION APPOINTMENTS
Pacha announced Bruce Maurer and Barbara Endel were reappointed to the
commission for a 4-year term. He indicated Bruce Maurer agreed to chair
the nominating committee and would be contacting commissioners to obtain
one more member to assist him. The slate of officers will be presented
at next month's meeting for action.
Pacha asked for a volunteer to serve as the commission's representative
to the Riverfront and Natural Areas Commission; there were no
volunteers. He indicated he would appoint a member at next month's
meeting.
Pacha requested two to three volunteers to serve on the Peninsula Task
Force, with A1 Stroh, Ross Wilburn and Kathy Wallace volunteering.
OAKLAND CEMETERY EXPANSION
The consultant, Thomas Dunbar of Dunbar/Jones Partnership, was present
to address the three conceptual plans with respect to how the land would
be utilized. Dunbar indicated the conceptual plans were based on the
assumption of 45 lots being sold per year; Wonick noted this average was
based on the number of lot sales since 1963.
With respect to the 10 acre concept, utilizing the land for standard
ground burials could yield 600 lots per acre, with one acre lasting 13.3
years; standard ground burials, a small mausoleum and a columbarium
could yield 1,000 lots per acre, with one acre lasting 22.2 years; and
standard ground burials, a bigger mausoleum, various size crypts and a
cremarium could yield as much as 1,400 lots per acre, with one acre
lasting 31.1 years.
Dolezal questioned using the average of 45 lots sold per year, noting
sales would be much higher in light of the fact that choice lots would
be available. Dunbar noted the change in criteria on how things were
done years ago; lots are no longer hand-dug but machine dug, there are
more vaults, the distance and slope people want to walk to the grave is
shorter and lower, with more sensitivity being given to that walk. He
also noted the density would be greater.
The 30 year concept includes three parcels; one .63 acre parcel and two
.72 acre parcels, with a mix of ground burials, a columbarium and more
dense burials.
The 40 acre concept includes a parcel approximately 10 acres, with a
free standing mausoleum, typical ground burials, an infant loop, estate
lots and a hillside mausoleum. Dunbar noted with this particular mixed
use plan, it could last approximately 150 years. Pacha noted the
similarity between the 10 acre concept and the 40 acre concept, and
asked if the expansion plan could be gradually phased in, with Dunbar
indicating it could be. Trueblood noted the similarity also, indicating
the bottom line of the 40 acre concept is that there is approximately 10
acres of usable cemetery space; Dunbar added not only usable, but also
accessible space in that they tried to stay away from areas with more
than a ten percent slope.
Pacha stated if the cemetery was expanded it should be a long term
solution and his feeling is that the 30 year concept does not fall under
that. He liked the idea of gradually phasing the expansion and having
a master plan so future commissioners and councils would not have these
same discussions. Stroh stated the plans should be looked at in terms
of years, with the 40 acre concept equaling 150 years, the 10 acre
concept equalling a soft 150 years, and the 30 year concept equalling 30
years.
Judy Slezak stated she has five generations buried in Oakland Cemetery
and would like it expanded as much as possible so her family would have
the option of being buried there, and objected to putting a cemetery at
a different place. She felt her grandfather knew what he was doing when
he dedicated this land to the city for cemetery purposes and felt
strongly that the cemetery should be expanded into this area.
Trueblood indicated he was scheduled to update the City Council on this
issue at its work session next Monday (11/17/97). Klink questioned
whether action had to be taken. Pacha stated the commission acted on
the issue previously and voted not to expand Oakland Cemetery into what
is known as Hickory Hill Park. The City Council rejected the
commission's recommendation and asked for further information.
Stroh stated the three plans show there is only so much land in the 40
acre parcel which can be used, with implementation basically being the
same. Pacha stated the city could possibly take a small portion and
leave the remainder alone until it is necessary to use. Trueblood
cautioned that while it may be possible to adopt a phased approach, it
will be necessary to do more than "nip away" at the area, noting a large
percentage of lots are sold well in advance of when they are actually
needed. He stated the area would have be groomed and pinned out to
sell for a number of years to come. Endel endorsed having a long range
plan in place and liked the diversity of the plans.
Klink stated the land is inherently unusable due to the trees and
terrain and the City Council should consider purchasing land in another
location for cemetery purposes.
Pruess was strongly in favor of a columbarium, which utilizes hillsides.
He stated in time there may be a change in the type of burials, and that
double depth burials should also be explored. Pruess indicated if he
had to choose a conceptual plan he would choose the 30 year concept in
that it would take the least amount of land.
Stroh stated the commission previously argued at length to reach its
earlier decision not to expand the cemetery and he was still against it.
He did not want to legitimize the concepts by selecting one. Pacha
stated the commission should state it differently to the City Council -
that the commission's opinion has not changed while giving them an
option. Pruess questioned the need to do so if the city is legally
obligated to take 10 acres for cemetery purposes.
Maurer indicated he personally felt the cemetery would be expanded into
this area in light of the legal issue. He felt selecting a concept
would provide a long range plan and he would select the 10 acre concept
with the remaining land being protected for parkland.
Wallace indicated she was not on the commission when this issue was
originally acted on, andquestioned whether the commission had discussed
sociologicallyabout people being cremated. Dunbar stated the existing
trend is less full body burials and more creations, which therefore
increases the density. Wilburn noted a recent article in the Press-
Citizen which stated Johnson County had a higher percentage of
cremations. Wallace stated based on her limited knowledge she would
choose the 30 year concept which would be the least intrusive. Stroh
asked if the commission had been directed to pick a conceptual plan;
Trueblood indicated they had not specifically been directed to do so.
Endel felt the City Council will want the commission to do so. Wilburn
indicated he supported the 10 acre concept which would maximize the
resource.
Dolezal stated he would accept 10 acres being utilized for cemetery
purposes, noting that it appears only 10 acres can be effectively used.
He indicated the entire 10 acres would not need to be developed
immediately, but as the need arises. This guarantees that his heirs
will be buried along with their forefathers. Pacha stated he was in
favor of the 40 acre conceptual plan which utilizes 10 acres. He felt
a motion/recommendation should be forwarded to the City Council.
Moved by Wilburn, seconded by Maurer, to recommend to the City Council
adoption of the 40 acre concept for Oakland Cemetery, which encompasses
approximately 10 acres. Fearing stated he would like to reiterate the
commission's previous action. Pruess stated he would like the motion to
include that the remaining 30 acres be designated as parkland. Moved by
Pruess, seconded by Fearing, to amend the motion by adding to designate
10 acres for cemetery purposes and the remaining land for parkland.
After further discussion as to the clarity of the motion, Wilburn and
Pruess withdrew their motions. Moved by Wilburn0 seconded by Maurer, to
recommend to the City Council to adopt the 40 acre conceptual plan
encompassing approximately 10 acres of usable cemetery land, with
flexible cemetery design, and dedication of the remaining acreage as
parkland. AYES: Wilburn, Maurer, Pacha, Wallace. NAYS: Stroh,
Fearing, Pruess, Klink. The motion failed. (Endel had to leave the
meeting prior to the time the vote was taken.)
Stroh reiterated the previous recommendation expressedby the Commission
that the cemetery should not be expanded they should not legitimize a
concept by choosing it.
HICKORY HILL PARK TRAILS
Trueblood indicated since the consultant was present this would be a
good opportunity for the commission to express concerns they may have
with respect to the preliminary conceptual plans. Dunbar asked for
direction from a design and planning point of view.
Stroh felt the mission statement set the direction "to protect the
cultural and environmental integrity of the resource while making
Hickory Hill Park accessible to all citizens." He noted the chaos
created when talking about hard surface trails and felt there was some
validity to some of the concerns. He feels thought needs to be given to
who the park users are, and he envisioned some hard-surfaced access
areas/small loops adjacent to the parking areas and not hard surfacing
those which are away from the parking areas. He would also like to
designate areas that are environmentally sensitive.
4
Klink stated she has become more aware from input from the disabled how
very hard it is for them to get into the park. She wanted high priority
given to investigating easily accessible loops relatively close to the
parking areas.
Pruess referred to the Captain Irish Parkway which may provide in the
future a bikeway along the outside edge of the park, with Trueblood
noting it may not be along the edge of the park, but rather the roadway.
Trueblood stated if this area is developed in the future there may be a
possibility of acquiring a strip of land between the development and the
park, through the Neighborhood Open Space ordinance.
Dunbar stated it appeared the commission wanted to include loops
throughout the trail system and possibly hard surfacing one or two near
the parking areas. He indicated there were some choices, such as making
some loops a different standard; i.e. wood chips. He noted the trail
plan would be phased in and in the future if the demand is there the
commission would have a way to accommodate the plan...Pruess indicated
there were strong feelings not to have any asphalt trails. Dunbar
indicated they would not be totally accessible at all times if not hard
surfaced. Maurer questioned if crushed limestone could be used; Dunbar
indicated it can be inaccessible for wheelchair use when very wet.
Trueblood clarified that crushed limestone trails do meet A.D.A.
requirements if installed and compacted properly. Dunbar concurred,
adding that a crushed limestone trail would be constructed in much the
same way as an asphalt trail (size of equipment, necessary clearance,
etc.), and he noted this surface is more difficult for the disabled to
use, even though it meets'A.D.A. requirements. Trueblood stated the
need for some trails to the north, even if there is no access point at
this time, noting the need for an overall plan.
Dunbar asked if there was any problem with the current conceptual trail
plan if the two spines were not asphalted. Klink felt the plan was very
good and it was important to close off some of the trails contributing
to erosion problems. Maurer felt the trail should be accessible, but
could support a starting point of having the loops accessible. Dunbar
indicated he would investigate the different types of accessible trails
and phasing them in.
NEW WATER TREATMENT PLANT SITE
Carol Sweeting from the Iowa City Water Division presented the
preliminary plan for park development adjacent to the new water
treatment plant. Over the next year roads will be put in and site work
begun. She stated the primary focus for the land was the water
treatment site and protection of the wells. They are also looking at
public use land, and at this time one large and one small pond is
planned. The plan includes concrete roads, which would also serve as a
trail from the North Dubuque Street to the 1-80 bridge, and eventually
to the Iowa River Power Dam. She stated they would like to introduce as
many natural things as the site allows. Klink suggested establishment
of a prairie. Sweeting asked the commission to contact her with
suggestions. She noted motorized use would be prohibited in order to
protect the water.
FY99 BUDOET
Trueblood expressed concern about the Recreation Division revenue
keeping up with expenses and trying to stay 45 percent self supporting.
The initial preliminary estimate is that the division would be only 40
percent self supporting. He stated the commission will need to discuss
this issue, noting continuing to raise the fees would make the programs
and activities less affordable. He also reported on the State's
rollback factor which equates to $200,000 less from property taxes.
LOUIS CONDOMINIUMS
Trueblood reported the amount of neighborhood open space required for
this development is .29 acres or approximately 12,632 square feet. He
noted the development would also include some private open space, which
would more than offset the neighborhood open space requirement.
Moved by Stroh. seconded by Maurer. to accept fees in lieu of land
dedication in the Louis Condominiums development. Unanimous.
DIRECTOR'S REPORT
Trueblood reported on the following:
Department Reorga~ization. Work is progressing on the department's
reorganization plans and should be in place before the commission's next
meeting.
Parks and Recreation Foundation. Total contributions to date are
$415,000.
Moved by Wilburn. seconded by Klink. to adjourn.
meeting adjourned at 7 p.m.
Unanimous. The
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 6, 1997 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
Subject to/ pproval
Ann Bovbjerg, Benjamin Chair, Pam Ehrhardt, Dick Gibson, Phil
Shive, Lea Supple
George Starr
STAFFPRESENT:
Scott Kugler, Bob Miklo, Sarah Holecek, Anne Schulte
OTHERS PRESENT:
Dennis' Keitel, Joe Holland, Larry Schnittjer, Cam Campbell, Bill
Happel, Jesse Bums, Kim Sleege, Alicia Mathes, Kristin
Summerwill, Dean Oakes, Susan Horowitz
RFCOMMI=NDATIONS TO COUNCIl:
Recommended approval, by a vote of 6-0, of ANN97-0003, an application to annex 2.59 acres,
the south portion of the five-acre parcel located at 4575 Highway 6 SE.
Recommended approval, by a vote of 6-0, of RF797-0017, a rezoning of the annexation area
from County A1 to RM-20, Medium Density Multi-Family Residential, and to rezone the 2.41
acre north portion of the five-acre parcel located at 4575 Highway 6 SE from RR-1 to RM-20,
subject to: 1) The applicant entering into an agreement with the City to abandon the force main
connection to the Heinz Road manhole and construct a gravity sanitary sewer connection to the
Scott Boulevard trunk sewer following completion of the Scott Boulevard trunk sewer and within
twelve months of the development of the intervening land between the trunk sewer and the
Moose Lodge property. The applicant will also agree to provide pre-treatment should the
temporary line to Heinz Road become septic. The applicant will obtain appropriate permits from
the Iowa Department of Transportation and the City of Iowa City for use of right-of-way to route
the temporary force main through the Highway 6 and Heinz Road rights-of-way. 2) The
applicant will pay for water line and sanitary sewer line extensions as required and will
designate a 20-foot wide sidewalk easement along the Highway 6 right-of-way line and will pay
monies for a four foot width of an eight-foot wide sidewalk to be constructed in the future when
sidewalk is extended from the west. 3) The applicant will obtain the required access permit
from the Iowa Department of Transportation and a curb cut permit from the City of Iowa City
prior to constructing the common access drive off Highway 6. The applicant will provide a
signed copy of the common access easement agreement, with the City party to the agreement.
4) The applicant will provide a lighting plan and planting plan as well as building elevations to
be approved by the Director of Planning and Community Development prior to issuance of an
occupancy permit for Moose Lodge. Decisions of the Director may be appealed to the City
Council upon recommendation of the Planning and Zoning Commission. 5) The additional
regulations for clubs as specified in City Code subsection 14-6L-1E will apply to any club
located on this property under the requested RM-20 zoning.
Recommended approval, by a vote of 6-0, of RF:797-0016, to amend the approved Sensitive
Areas Development Plan for Walden Hills to allow the development of 120 dwelling units on Lot
53, an 8.66 acre tract located within the OSA-8, Sensitive Areas Overlay Zone at the northeast
corner of Rohret Road and Shannon Drive.
Planning & Zoning Commission
November 6, 1997
Page 2
Recommended approval, by a vote of 5-1 with Ehrhardt voting no, of SUB97-0017, a
preliminary plat of Westcott Heights, an 84.6 acre, 31-1ot residential subdivision located at the
west side of Prairie du Chien Road, approximately ¼ mile north of Newport Road, subject to the
following occurring prior to Council consideration of the plat: 1) approval of a grading plan, 2)
Public Works approval of the plat, and 3) receipt of a letter of approval from the Solon Fire
Department.
Recommended approval, by a vote of 6-0, of an amendment to City Code Section 14-6B-2
regarding the definition of "Transient Housing" and th~ number of days persons are able to stay
as temporary residents, as specified on page three of the October 31, 1997 memo from staff.
CAI ! TO ORDFR:
Vice-Chairperson Bovbjerg called the meeting to order at 7:40 p.m.
PUBLIC DISCUSSION OF ANY ITF:M NOT ON THF AGI=NDA:
There was none.
ANNOUNCI=MFNT OF VACANCII=S ON CITY BOARD AND COMMISSIONS:
Bovbjerg announced the following vacancies: four vacancies on the Public Art Advisory
Commission; one vacancy on the Board of Adjustment for a five-year term ending January 1,
2002; one vacancy on the Board of Library Trustees for an unexpired term ending July 1, 2003;
three vacancies on the Human Rights Commission for three-year terms ending January 1,
2001; two vacancies on the Parks and Recreation Commission for four-year terms ending
January 1, 2002; three vacancies on the Riverside and Natural Areas Commission for three-
year terms ending December 31, 2000; one vacancy on the Design Review Commission for a
business or property owner from the central business district or near southside neighborhood
for an unexpired term ending July 1, 1999; two vacancies on the Board of Appeals for five-year
terms expiring December 31, 2002 - one for a Homebuilders' Association representative and
one for a licensed plumber; and two vacancies on the Senior Center Commission for three-year
terms expiring December 31, 2000. Bovbjerg added that the appointments would be made at
the November 11, 1997 City Council meeting.
ANNFXATION/RF7ONING ITFM:
ANN97-0003/RI=797-0017. Public discussion of an application submitted by Moose Lodge
#1096, on behalf of property owner AI Streb, to annex 2.59 acres and rezone 5 acres from
County Rural (A1) (2.59 acres) and Rural Residential (RR-1) (2.41 acres) to Medium Density
Multi-Family Residential (RM-20) located at 4575 Highway 6 SE. (45-day limitation period
expires November 10, 1997)
Miklo said staff recommends approval of the annexation and rezoning subject to the five
conditions in the staff report dealing with: 1) the eventual connection of the sanitary sewer to
Planning & Zoning Commission
November 6, 1997
Page 3
the Scott Boulevard trunk when it is available and pre-treatment of the temporary sewer that
would travel through to the Heinz Road system, 2) the water line and sanitary sewer line
connections and a sidewalk easement on Highway 6 with the payment of fees for the
construction of a sidewalk, 3) access to the highway and the need for a permit from the Iowa
Department of Transportation, 4) the need for a lighting plan, planting plan and elevations prior
to occupancy of the Moose Lodge, and 5) complying with the regulations that apply to clubs in
the RR-1 zone.
Supple commented that the property address should be 4575 Highway 6 SE. Ehrhardt asked if
at some point this property could be used for medium-density multi-family. Miklo confirmed
this. He said a site plan would be required for that housing and all of the conditions would apply
except for those regarding lighting for the ballfields and regulations that apply to clubs. Miklo
said the RM-20 zoning would give the dght to build multi-family residences on the site. He said
the property has already received a special exception for a club on the site, but there is no
obligation for them to do that. Miklo added that if this were not appropriate for multi-family
uses, staff would not be recommending RM-20 zoning.
Dennis Keitel. 1696 Ridge Road, said he was the applicant's engineer and was available to
answer any questions the Commission had.
Public discussion:
Therewas none.
Public discussion closed.
MOTION: Shive moved to recommend approval of ANN97-0003, an application to annex
2.59 acres, the south portion of the five-acre parcel located at 4575 Highway 6 SE.
Gibson seconded the motion. The motion carried on a vote of 6-0.
MOTION: Supple moved to recommend approval of R;7-~7-0017, a rezoning of the
annexation area from County A1 to RM-20, Medium Density Multi-Family Residential, and
to rezone the 2.41 acre north portion of the five-acre parcel located at 4575 Highway 6 SE
from RR-1 to RM-20, subject to: 1) The applicant entering into an agreement with the City
to abandon the force main connection to the Heinz Road manhole and construct a
gravity sanitary sewer connection to the Scoff Boulevard trunk sewer following
completion of the Scott Boulevard trunk sewer and within twelve months of the
development of the intervening land between the trunk sewer and the Moose Lodge
property. The applicant will also agree to provide pre-treatment should the temporary
line to Heinz Road become septic. The applicant will obtain appropriate permits from the
Iowa Department of Transportation and the City of Iowa for use of right-of-way to route
the temporary force main through the Highway 6 and Heinz Road rights-of-way. 2) The
applicant will pay for water line and sanitary sewer line extensions as required and will
designate a 20-foot wide sidewalk easement along the Highway 6 right-of-way line and
will pay monies for a four foot width of an eight-foot wide sidewalk to be constructed in
the future when sidewalk is extended from the west. 3) The applicant will obtain the
Planning & Zoning Commission
November 6, 1997
Page 4
required access permit from the Iowa Department of Transportation and a curb cut
permit from the City of Iowa City prior to constructing the common access drive off
Highway 6. The applicant will provide a signed copy of the common access easement
agreement, with the City party to the agreement. 4) The applicant will provide a lighting
plan and planting plan as well as building elevations to be approved by the Director of
Planning and Community Development prior to issuance of an occupancy permit for
Moose Lodge. Decisions of the Director may be appealed to the City Council upon
recommendation of the Planning and Zoning Commission. 5) The additional regulations
for clubs as specified in City Code subsection 14-6L-1E will apply to any club located on
this property under the requested RM-20 zoning. Gibson seconded the motion. The
motion carried on a vote of 6-0.
RI=7ONING/DFVI=I OPMFNT ITFM:
R!=797-0007/SUB97-0014. Public discussion of an application submitted by Plum Grove Acres,
Inc. to rezone 24.12 acres from ID-RS, Interim Development, to OSA-5, Sensitive Areas
Overlay, and for a preliminary plat of First and Rochester, Parts 4-6, a 45-1ot residential
subdivision located at the eastern terminus of Hickory Trail. (45-day limitation period waived to
November 6, 1997)
Kugler said this item was on the Commission's September 18 agenda but was deferred to
November 6 pending the outcome of the November 4 ballot issue regarding the extension of
First Avenue. Kugler said First Avenue was delayed as a result of the vote. He added that staff
recommended denial of this application in the case of a delay, because there would not be
sufficient access to this area to permit additional development. Kugler said the basis for that
reasoning was the City's guidelines for secondary access, which are based on traffic,
emergency vehicle access, special populations that may need better provisions for access, or
are more likely to need emergency services, and pedestrian and motor vehicle conflicts.
Kugler said the reason the development of this area has been delayed is the insufficient
emergency vehicle access along First Avenue. He said to evaluate whether there is adequate
emergency vehicle access, staff looks to see if there are significant physical features which may
impede access such as steep slopes, large trees that may fall in the roadway, flood plain areas
or waterways that may back up, or if there are culverts or narrow bridges where a vehicle could
not leave the roadway to get around an obstruction. Kugler said there is a culvert along First
Avenue that could cause some of these potential problems. He said the City Council and the
Planning and Zoning Commission has therefore taken the position in the past that there should
be no more development in this area until secondary access is provided in some way.
Kugler said staff continues to take that position. He said he was informed that the applicant
may request an indefinite deferral to allow time for the secondary access to be addressed as
well as the street width issue. Kugler said this would be acceptable to staff as long as the
applicant was aware that if City regulations change, the applicant would have to meet the new
regulations when the item is brought back before the Commission. Kugler added that there is
nothing that would obligate the City to recommend approval if conditions change and the plan is
no longer found to be acceptable.
Planning & Zoning Commission
November 6, 1997
Page 5
Gibson said, in view of the outcome of the referendum on the extension of First Avenue, he felt
if the Commission was not voting on this application, discussion about the street width should
be avoided. He said that issue should not be discussed under more compelling and immediate
pressure, but rather as a policy decision. Holecek said it is more of a policy issue that should
be discussed, not necessarily with a particular application, but that may be resolved prior to this
application coming back, should an indefinite deferral be requested.
Joe Holland. 300 Brewery Square, said he was representing Plum Grove Acres. He said the
applicant may request a deferral because there are technical issues that need to be resolved,
including the question of street width, and City staff needs time to evaluate the street width
issue to come to an agreement. Holland said the applicant also needed time to evaluate the
situation in light of what occurred with the referendum on First Avenue.
Holland said he was concerned that the zoning ordinance of Iowa City did not contain standards
for secondary access. He said staff has them wdtten down somewhere, but the public does not
have ready access to them. Holland said there is a problem with zoning through rules that are
internally contained in the Planning Department, but are not a part of the City Code.
Holland said the Saddlebrook Development has been approved with potentially 400 housing
units, but the development has only one means of ingress and egress with no secondary
access. He asked if the standards'are uniformly applied. Holland said the staff report contains
pages of comments on the Comprehensive Plan, neighborhood open space, Sensitive Areas
Overlay, neighborhood compatibility, and street design issues, but only four sentences on
secondary access. He said staffs sole reason for recommending denial was based on one
culvert on First Avenue. Holland said emergency vehicles would not come from the noah in
any case. He stated that the only way the secondary access would be meaningful is if there
would be another fire or emergency station built in the North Dodge area that would use the
secondary access. Holland said the real issues are whether First Avenue should be improved
and whether another fire station would be built in the NoAh Dodge area.
Holland said the Commission should consider what would happen if this application is denied.
He said there are no other lots like this in Iowa City, but there is a lot of demand for these lots.
Holland said the well-being of Iowa City and the continued residential tax base indicate that we
need this kind of development.
Holland said the Commission would hear comments about this being piecemeal development
and stated that he did not disagree with that. He said cities are not amenable to being planned
that way, especially a City the size of Iowa City and added that the land in that area is under
multiple ownership. Holland said that even when the City lays out its plans, they are not always
brought to fruition. He said Plum Grove Acres also developed First and Rochester Parts 1-3
and extended First Avenue noah of Rochester, running First Avenue straight, at the City's
direction, so that it could be extended. Holland said it may not be fair to hold this project up
while some sort of master Comprehensive Plan for transportation in that area is developed. He
said if the Commission takes that attitude, it will be difficult to develop any contiguous area in
Iowa City other than those that already have existing transportation arteries.
Planning & Zoning Commission
November 6, 1997
Page 6
Holland said this development would only contain 45 lots. He said the Foster Road
development would contain 40 lots, and it only has access from North Dubuque Street. Holland
said virtually any subdivision involving a number of lots could be said to have no secondary
access or insufficient secondary access. He stated that the plan conforms to the
Comprehensive Plan in terms of the projected land use for this area, complies with the
Sensitive Areas Ordinance, and there is neighborhood parkland being dedicated.
Holland said there is a lot of reaction when Bruce Glasgow's name is brought up. He said the
subdivisions done by Mr. Glasgow have all been done well, the lots are done well, and they are
good quality subdivisions. Holland said Plum Grove Acres did its first subdivision in 1954,
preying that they are here to stay. Holland said the Commission needs to balance what is good
for the City against the secondary access issue and consider what this kind of subdivision will
add to the City. Holland said he would like to see this application come back before the
Commission with the Planning staff and Public Works coming to a resolution about the street
width.
Holecek said it was her understanding that when Plum Greve Acres developed First and
Rochester, Parts 1-3, the issue of secondary access regarding further development was
brought up and discussed. Holland said that was accurate. Kugler said that issue was
discussed at length at that time, and it was as a result of those discussions that the current
guidelines were drafted. He said the guidelines were more strict in the past. Kugler said the
guidelines were developed, brought to the Commission, and discussed in public as part of a
public process. He said the Commission decided that rather than incorporate secondary
access policies into the City Code, they should be kept as guidelines.
Kugler added that the issue of secondary access to the entire area was addressed extensively
in the past and a position was taken by staff, the Planning and Zoning Commission, and the
City Council, that the development in that area to this point was enough with the single access.
He said there are health, safety, and welfare issues associated with the access issue that the
Commission needs to be concerned about. Kugler said there are statements in the
Comprehensive Plan that secondary access is something that needs to be considered. He
agreed that the Commission could examine every subdivision and development in terms of
providing a secondary access, and if carried too far would allow no development until sufficient
infrastructure was installed for a whole neighborhood. Kugler said the guidelines are based on
some level of acceptable risk, but at a certain point development must stop until a second
access is provided. He said staff feels there should be no additional development in that area
with solely one means of access.
Miklo pointed out that this is not just a subdivision, but is also a rezoning because it is currently
zoned ID, Interim Development. He said intedm development zoning applies to areas where
there is not adequate infrastructure, and it is not a secret that secondary access is a concern
here. Miklo added that the Saddlebreok development is planned for several stages and before
some of the later stages can proceed there will need to be secondary access.
Bovbjerg asked how a person could access the City's guidelines for secondary access. Miklo
Planning & Zoning Commission
November 6, 1997
Page 7
said they are in wdtten form and are available, and are well known to anyone in the
development community. Gibson said he has sometimes felt the policy on single access has
been applied somewhat selectively. He said, however, that this proposal is significantly
different from the Foster Road proposal, partly in that the Foster Road proposal is pretty precise
regarding the number of units, and the extension beyond that is probably not practical because
of many barriers. Gibson said he agreed with Kugler that there is a point when the City has to
bring a stop to development of an area, because of secondary access issues. He also
suggested that the Commission review the secondary access guidelines, as it has not been
done in five years.
Iarry Schnittjer. 1917 S. Gilbert Street, said the application, with the exception of the street
width and one other item, is in conformance with the requirements of the City. He said he
would ask the Commission to consider a deferral so the application canbe brought back at
such time that an approvable plan is submitted. Bovbjerg asked if the deferral will be for an
indefinite time, and Schnittjer confirmed this.
Public discussion:
Cam Campbell. 967 !=vergreen Court, said he lives in the area, and the neighbors are
concerned about access issues. He said the worst case scenario, if First Avenue is not
extended, would be that if the subdivision did go through, a great deal of traffic could use
Captain Irish Parkway where it would potentially connect to Tamarack Trail instead of ddving
farther out to use Scott Boulevard.
Campbell said he has lived in the area for eight years. He said the main concern of previous
City Councils was the corner of First Avenue and Rochester; nothing was ever mentioned about
the culvert on First Avenue. He said the concern of the neighborhood involves the ultimate
access to the area.
Public discussion closed.
MOTION: Supple moved to defer indefinitely R!=797,00071SUB97-0014, an application
submitted by Plum Grove Acres, Inc. to fezone 24.12 acres from ID-RS, Interim
Development, to OSA-5, Sensitive Areas Overlay, and for a preliminary plat of First and
Rochester, Parts 4-6, a 45-1ot residential subdivision located at the eastern terminus of
Hickory Trail. Gibson seconded the motion. The motion carried on a vote of 6-0.
RF797-0018/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 expires November 30, 1997)
Planning & Zoning Commission
November 6, 1997
Page 8
Kugler stated that this was an application to revise the preliminary Sensitive Areas
Development Plan for Lot 51 of Walden Hills. He said the original plan contained 35 dwelling
units on the lot with 12 in fourplex units and 23 units arranged in rows perpendicular to the
street. Kugler said the revised plan contains 32 dwelling units, with the fourplexes remaining
and town house units arranged around a private drive, removing the garages from the
streetscape and reducing the number of units by three.
Kugler said staff feels the proposed plan is an improvement in that it will result in a more
attractive appearance to the street. He said staff recommended that the applicant consider
doing something similar along Shannon Ddve, removing the individual driveways and providing
a more attractive street frontage. Kugler said the applicant has indicated that he would
consider replacing the fourplexes with a series of detached townhouses with garages and
vehicular access in the rear. He distributed photographs illustrating a development similar to
what is now being proposed. He added that if the Commission and the applicant decided to go
with the revised plan, staff would recommend a deferral to allow time for staff to evaluate the
plan. Kugler said if the first plan is preferred, staff recommends approval, subject to the
improvement of Shannon Drive and the physical connection of Shannon Drive to Rohret Road
pdor to any building permits being issued and subject to approval of a revised grading plan pdor
to City Council consideration.
Ehrhardt asked if on-street parking'was permitted on either Shannon Ddve or Irving Avenue.
Kugler said it would be permitted on both streets.
Bill Happel. 568 Highway 1 West, said the townhouses on Irving could not be duplicated on
Shannon Drive because the land is fiat there. He said the revised plan would include twelve
two-story units. Happel said he is not happy with the four units in the center of the development
either and would be open to examining alternatives. Supple asked what would be between the
townhouses. Happel said it would be sodded. Happel said since the units would be
condominiums, each homeowner could use the ground in between the two units.
Public discussion:
Therewas none.
Public discussion closed.
MOTION: Supple moved to defer to the Planning and Zoning Commission meeting of
November 20, 1997, R!=797-00181SUB97-0030, 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. Ehrhardt seconded the motion.
Gibson said for a dense form of housing, this layout seems to work extraordinarily well. He said
it does not waste a lot of space, but provides an adequate living environment of a certain type.
Planning & Zoning Commission
November 6, 1997
Page 9
Gibson said he was very pleased with this, especially putting the garages in the back. He
added that. there is nothing else like this in Iowa City and sees this as a breakthrough in terms
of the style of housing in Iowa City. Supple said she also likes the looks of it and said it helps a
lot to have photographs to demonstrate the visual impact. Ehrhardt said the photographs show
that each unit looks different.
Holecek asked if it were the consensus of the Commission that the four lots in the back, off of
Irving Court, should be redesigned likewise in mimic of the Shannon Drive units. Miklo said
staff would like to examine that possibility in terms of the open space that would result.
Chait said he also liked the diversity of the development. He said this is starting to look like the
neo-traditional concept the Commission is examining in other areas. Gibson added that he
hoped there is an adequate amount of diversity as demonstrated in the photographs.
The motion carried on a vote of 6-0.
RF7ONING ITFMS:
R1=797-0011. Public discussion of an application submitted by H & O 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 located at 500 Foster Road. (45-day limitation period expires November 14, 1997)
Kugler said the applicant has requested deferral of this item to the November 20, 1997 meeting.
Public discussion:
There was none.
Public discussion closed.
MOTION: Shive moved to defer to the November 20, 1997 meeting of the Planning and
Zoning Commission, R!=797-0011, an application submitted by H & O 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 on property located at 500 Foster Road. Supple seconded the motion.
The motion carried on a vote of 6-0.
RF797-0016. Public discussion of an application submitted by Iowa City IHA Senior Housing
Limited Partnership to amend the approved Sensitive Areas Development Plan for Walden Hills
to allow the development of 120 dwelling units on Lot 53, an 8.66 acre tract located within the
OSA-8, Sensitive Areas Overlay Zone at the northeast comer of Rohret Road and Shannon
Drive. (45-day limitation period waived to November 6, 1997)
Kugler said the revised plan addresses the last of staff's concerns as well as some of the issues
brought up by the Commission at the informal meeting. He stated that additional windows are
Planning & Zoning Commission
November 6, 1997
Page 10
now planned for the short elevations of the buildings, covered porches over the doors at the two
short elevations, and a report was received from the Fire Department that the location of fire
hydrants and access for emergency vehicles are adequate. Kugler said staff feels this plan is
an improvement over previous plans and is recommending approval.
Bovbjerg asked what conditions should be part of the motion. Kugler said the rezoning should
be subject to the revised Sensitive Areas Development Plan. He said the applicant will have to
come back with a final plan for the entire project or in phases, as it is developed, at which point
staff will look at whether it meets specific requirements of the zoning ordinance and whether it is
in substantial conformance to this plan.
Jesse Bums. 319 Fast Washington Street, said he represented the applicant and was available
to answer any questions the Commission had.
Kugler said this item has been on the Commission's agenda three times, but this was the first
time for this particular plan. He said staff recommends the Commission consider a vote, unless
there are new issues raised by the public or the Commission. Kugler said deferring a vote to
the next meeting would cause quite a delay in the project because of the City Council's meeting
schedule and notification requirements.
Bovbjerg asked about the black oblong boxes around the buildings and if they were the air
conditioning condenser units. Kugler stated that Bob Burns said the air conditioning units are
intended to be located behind shrubbery. He added that staff would look for that with the final
plans, but it could be required as a condition.
Kim Sleege. 319 Fast Washington, said there would be landscaping screening the air
conditioning units.
Ehrhardt asked how this plan compared to earlier plans in regard to the number of one-
bedroom and two-bedroom units. Bums responded that the plan now calls for 30 units for each
building: 15 one-bedroom and 15 two-bedroom units for each building. He added that there
was a possibility of reducing the number to 28 one-bedroom and 2 two-bedroom units in each
building, which would also reduce the size of the buildings.
Public discussion:
There was none.
Public discussion closed.
MOTION: Chait moved to approve RF797-0016, an application submitted by Iowa City
IHA Senior Housing Limited Partnership to amend the approved Sensitive Areas
Development Plan for Walden Hills to allow the development of 120 dwelling units on
Lot 53, an 8.66 acre tract located within the OSA-8, Sensitive Areas Overlay Zone at the
northeast corner of Rohret Road and Shannon Drive. Shive seconded the motion.
Planning & Zoning Commission
November 6, 1997
Page 11
Supple asked if there should also be a condition on the project to limit it to elder housing.
Holecek said it would be under the Commission's purview to make a condition for elder housing
based on different parking requirements.
AMFNDMFNT: Supple amended the main motion to include the phrase, after November
6, 1997, "to be limited to elder housing." Ehrhardt seconded the motion.
Chait said that if the use were not for elder housing, the parking would have to be modified -
that because the parking is already limited, the use is already limited to elder housing. Chait
said if it were not elder housing, the applicant could use it for some other purpose, but would
have to provide additional parking. Miklo said that would require an amended plan, which
would mean the applicant would have to appear before the Commission again. Holecek said
she would prefer the condition be explicit, rather than implicit in the plans.
Holecek said this project has not been considered in terms of non-elder housing, so it would be
appropriate for the Commission to specify a use. Ehrhardt said as this stands, the buildings
could be constructed with all one-bedroom units, have 120 parking spaces, and be used for
non-elder housing. Miklo said the land has already been zoned for multi-family use, and the
Commission is being asked to approve the design of the building, not the occupancy. He
questioned whether the housing could be legally restricted to elder housing. Holecek said if the
calculation of parking is based on the use as elder housing versus non-elder housing, because
there is a difference based on empirical evidence on what is required for the types of housing, it
would depend on the number of actual bedrooms within the units as to whether or not the type
of housing will be restricted by the parking. Bovbjerg asked if the amendment would be unwise,
illegal, or unnecessarily binding. Holecek replied given Bums' statement that the applicant has
not yet committed to the number of one-bedroom and two-bedroom units, she felt the
Commission should not add the amendment limiting the plans to elder housing, because the
parking will have to conform substantially to the plan before the Commission. She said if the
paving changes substantially, the plan will have to come back before the Commission.
AMFNDM!=NT: Supple moved to retract her amendment to the main motion. Ehrhardt
seconded the retraction.
The main motion carried on a vote of 6-0.
DFVFLOPMFNT ITFMS:
SUB97-0017. Public discussion of an application submitted by Jim Anderson for a preliminary
plat of Westcott Heights, an 84.6 acre, 31-lot residential subdivision located on the west side of
Prairie du Chien Road, approximately ¼ miles north of Newport Road. (45-day limitation period
waived indefinitely)
Kugler said this item was previously submitted as an 109 acre, 46-1ot development, but had
been deferred for redesign. He said the County Health Department had some concerns about
the plans, and the Board of Supervisors felt there were too many units proposed.
Planning & Zoning Commission
November 6, 1997
Page 12
Kugler said the new application would eliminate the western 25 acres from the plan and was
revised to contain only 31 lots. He added that the Fringe Area Agreement specifies that for RS
zoned development, at least 50% of the land be reserved for open space or agriculture, and
that the outlots would comprise over 50% of the land.
Kugler said the plans would meet the City design standards except for fire district approval.
Kugler added that the Solon Fire Department is now reviewing the plans. Kugler said the
project would meet the City's secondary access guidelines. He stated that the County Engineer
has confirmed that sight distance requirements at the access point are met for the speed limit
there. Kugler said staff recommended that provisions for a second access to the south be
incorporated into the plans, and that legal papers specify that the roadway cannot be extended
until there is a second access out to Prairie du Chien Road. He suggested that the County
require provisions in the legal papers that would outline the conditions under which the
roadways to the west could be extended. Kugler said the County would be updating and
realigning Praide du Chien Road next summer, and the City would also be improving its portion
of Prairie du Chien in the coming years. Kugler said staff recommends approval subject to the
following occurring pdor to Council consideration of the plat: 1) approval of a grading plan;
2)Public Works approval of the plat, and 3) receipt of a letter of approval from the Solon Fire
Department.
Kugler cited a petition signed by 'several dozen people against the proposal, based on the
density and the single access to the property. Bovbjerg asked if the petition was to protest the
current plan or the previous one. Miklo said the petition was dated November 4, so he
assumed it applied to the revised density.
Ehrhardt asked if the concerns of the Johnson County Board of Health had been addressed.
Kugler said he thought they had been and that they had to do with the location of septic
systems in the development.
Larry Schnittjer. 1917 S. Gilbert Street, said if any development is done in the area to the west
it would go through the City or the County. It can then be determined if a second access is
needed. He also said the Board of Health concerns have been addressed, and the new plans
contain a better layout for the septic systems.
Public discussion:
Alicia Matthes. 7 Dry Creek Ct., said she was concerned about future development in the area,
given the density that this could become. She also was concerned about the access to Prairie
du Chien Road and said the access on the property was something of a blind spot. Matthes
said that if the speed limit were as it should be, the access point would be acceptable.
Planning & Zoning Commission
November 6, 1997
Page 13
Kdstin Summerwill. 17 Briar Ridge Ddve NF, said that she liked the open space in the
subdivision, but was concerned about increased density and where the access would be onto
Prairie du Chien Road. She said there is a steep decline downward to that point coming from
one direction. Summerwill said although the posted speed limit is 30 miles per hour, people
were going faster than that.
Dean Oakes. ?6?9 Prairie du Chien Road, said he was concerned with the access point onto
Prairie du Chien Road. He suggested that using the cul-de-sac between Lots 8 and 9 as a road
out to Prairie du Chien would give good visibility in both directions.
Oakes said this development was first proposed as 20 lots. He said the plan would result in an
environmental loss because of the septic tanks and cars. Oakes said the outlots proposed for
open space would be open space whether there were 20 lots there or 50 lots.
Oakes said that many joggers and bicyclists use the road now, and there is inadequate sight
distance for a driver coming around the curve. Oakes added that the petition presented
contained 43 signatures representing about 30 households. He said most of the neighbors are
concerned about the project. Oakes stated that they were not against the subdivision, but they
would like to see good planning and a second access planned for the property. Supple asked
Oakes if one access would be acceptable for a 20-lot subdivision there. Oakes said it would
not be as dangerous with 20 lots.
Bovbjerg asked about the topography between Lots 8 and 9. Schnittjer said the topography
there would require considerable grading to get it to an acceptable grade. Supple asked if there
were any plans for the small portion of land on the eastem side of Prairie du Chien Road, and
Schnittjer said there were not.
Kugler said it was not true that the City was requiring more lots in this subdivision. He said the
Fringe Area Agreement requires cluster subdivisions. Kugler said although it would be unlikely,
there would be no way to stop a property owner from clearcutting his own land if open space is
not set aside, but that clustering would result in homeowners associations controlling these
areas. He added that the goal was to preserve the area in as natural a setting as possible to
lessen the environmental impact. Kugler said the City was not requiring more lots - that it was
an economic decision by the developer based on the thinking that a three acre lot with only one
acre of usable area would sell for more than a one acre lot with access to 55 acres of
commonly held ground.
Oakes said there would be no creek crossing with a road between Lots 8 and 9 and that the
road can be driven. He suggested the subdivision could contain 20 large lots with a
conservation easement.
Public discussion closed.
MOTION: Gibson moved to recommend approval of SUB97-0017, a preliminary plat of
Westcott Heights, an 84.6 acre 31-1ot residential subdivision located at the west side of
Planning & Zoning Commission
November 6, 1997
Page 14
Prairie du Chlen Road, approximately % mile north of Newport Road subject to the
following occurring prior to City Council consideration of the plat: 1) approval of a
grading plan, 2) Public Works approval of the plat, and 3) receipt of a letter of approval
from the Solon Fire Department. Supple seconded the motion.
Ehrhardt said she would vote against the motion, because she sees it as a potential for even
more than 31 lots and sees a problem with access.
The motion carried on a vote of 5-1, with Fhrhardt voting no.
SUB97-0077. Public discussion of an application submitted by Frank A. Boyd for a preliminary
plat of Boyd's Fashionable Acres, an 11.34 acre, 16-1ot residential subdivision located at 2511
Rochester Avenue. (45-day limitation period expires November 30, 1997)
Kugler said this plat was not yet ready for discussion, and a deferral is recommended.
MOTION: Shive moved to defer to the Planning and Zoning Commission meeting of
November 20, 1997, SUB97-00~7, an application submitted by Frank A. Boyd for a
preliminary plat of Boyd's Fashionable Acres, an 11.34 acre, 16-1ot residential
subdivision located at 2511 Rochester Avenue. Gibson seconded the motion. The
motion carried on a vote of 6-0.
CODFAMFNDMFNTITFMS:
Public discussion of amendments to Section 14-6B-2 regarding the definition of "Transient
Housing" and the number of days persons are able to stay as temporary residents.
Kugler said the amendment was based on a request by DVIP to increase the permitted length
of stay. He said staff recommends that it be increased to 90 days. He added that the DVIP's
request to permit transitional housing did not need a Code amendment.
Public discussion:
Susan HorowitT. 1179 Kirkwood Avenue, said she was the Chair of the Board of Directors for
the Domestic Violence Intervention Program. She stated that the program would probably
seldom need a 90-day stay, but the 10-day stay was no longer realistic for the program's
clients. Horowitz added that the DVIP would go before the Board of Adjustment for a special
exception regarding transitional housing.
Bovbjerg asked if the DVIP has seen an increase in the number of people using the program or
number of days for the average length of stay. Horowitz responded that both figures have
increased.
Planning & Zoning Commission
November 6, 1997
Page 15
MOTION: Gibson moved to recommend approval of an amendment to Section 14-6B-2
regarding the definition of "Transient Housing" and the number of days persons are able
to stay as temporary residents, as specified on page three of the October 31, 1997 memo
from staff. Chait seconded the motion. The motion carried on a vote of 6-0.
Public discussion of Section 14-6L-1U.2 regarding the requirement for common living area in
elder congregate housing.
Miklo said that Stephen Greenleaf, who proposed the amendment, was unable to attend the
meeting and therefore asked that it be deferred.
MOTION: Gibson moved to defer to the November 20, 1997 meeting of the Planning and
Zoning Commission, an amendment of Section t4-6L-lU.2 regarding the requirement for
common living area in elder congregate housing. Supple seconded the motion. The
motion carried on a vote of 6-0.
CONSlDFRATION OF TH!= OCTOBFR 16. 1997 P! ANNING AND ?ONING COMMISSION
MINUTI=S:
MOTION: Gibson moved to approve the minutes of the October 16, 1997 Planning and
Zoning Commission meeting as written. Chait seconded the motion. The motion carried
on a vote of 6-0.
OTHFR BUSINFSS:
Discussion of joint meeting with City Council regarding the Comprehensive Plan.
Miklo said the City Council would be covering the strategies in the Comprehensive Plan on
November 19 and may have another meeting on December 1. The consensus of the
Commission was to meet with the City Council on November 19 for the discussion.
ADJOURNMfNT:
The meeting was adjourned at 9:53 p.m.
Lea Supple, Secretary
Minutes submitted by Anne Schulte.
Ppdadmin~mins~P&Z11-6.doc
IOWA CITY PLANNING & ZONING COMMISSION MEETING
THURSDAY, NOVEMBER 6, 1997- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
SIGN IN SHEET
Name Address
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12.
13.
14.
15.
16.
17.
18.
19.
MINUTES
PLANNING AND ZONING COMMISSION
THURSDAY, NOVEMBER 20, 1997
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Phil
Shive, George Starr, Lea Supple
MEMBERS ABSENT: None
STAFF PRESENT:
Scott Kugler, Bob Miklo, John Yapp, Sarah Holecek, Doug
Boothroy, Anne Schulte
OTHERS PRESENT:
Glenn Siders
RECOMMENDATIONS TO COUNCIL:
Recommend approval, by a vote of 7-0, of SUB97-0024, a preliminary and final plat of a
Resubdivision of Lot 7, WB Development, a 1.78 acre, two-lot commercial subdivision located
southeast of the intersection of Naples Avenue and Escort Lane, subject to amendments being
made to the covenants of the lot owners association to address the new services being added
to the pdvate sanitary sewer system and the maintenance and upgrade responsibilities of said
system, no building permits being issued for Lot 2 pdor to the installation of the sanitary sewer
system to the lot, and the approval of legal papers pdor to City Council consideration.
Recommend approval, by a vote of 7-0, of SUB97-0025, a preliminary and final plat of a
Resubdivision of Outlot A, WB Development, a 15.90 acre, one-lot commercial subdivision with
one outlot located on the east side of Naples Avenue, across from Alyssa Court, subject to
amendments being made to the covenants of the lot owners association to address the new
services being added to the pdvate sanitary sewer system and the maintenance and upgrade
responsibilities of said system, and the approval of legal papers, construction drawings, and
a Sensitive Areas Site Plan pdor to City Council consideration.
Recommend approval, by a vote of 7-0, of SUB97-0028, a preliminary and final plat of
Highlander Development, Second Addition, a 15.8 acre, six-lot commercial subdivision located
northeast of the intersection of Interstate 80 and Highway I North, subject to approval of legal
papers, construction drawings, a grading and erosion control plan, and a secondary access
being provided from the northeast portion of the Highlander Inn parking lot to Northgate Ddve
prior to any building permits being issued for Lots 21, 22, 23, and 25.
Recommend approval, by a vote of 6-1 with Ehrhardt voting no, of SUB97-0029, a preliminary
and final plat of M & W Addition, a 0.48 acre, two-lot residential subdivision located at 803 S.
Summit Street, subject to legal papers being approved pdor to City Council consideration and
that the legal papers incorporate language regarding: 1) the required Historic Preservation
Commission review, and 2) a payment to go toward sidewalk repair or reconstruction dudng
the South Summit Street Bridge replacement project in lieu of construction of sidewalks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 2
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 made 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 one-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 Distdct or near
south-side 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:
REZ97-0018/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 Oveday Zone located at the northeast comer of Shannon
Ddve and Irving Avenue. (45-day limitation pedod expires November 30, 1997)
Kugler stated that the applicant has requested a deferral to the December 4, 1997 meeting, and
there was an extension of the limitation pedod. He said there was no staff report at this time.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of
December 4, 1997, REZ97-00181SUB97-0030. an application to amend the approved
preliminary Sensitive Areas Development Plan and preliminary plat for Lot 51 of Walden
Hills. Gibson seconded the motion. The motion carried on a vote of 7-0.
REZONING ITEM:
REZ97-0011. Public discussion of an application submitted by H & O LLC, on behalf of
property owner Norwood C. Louis, to fezone 4.46 acres from Intedm Development Single-
Family Residential Zone (IDRS) to Sensitive Areas Overlay-12 (OSA-12) to permit 40 dwelling
units for property located at 500 Foster Road. (45-day limitation pedod expires November 14,
1997)
Starr asked if the applicant had requested deferral of this item to December 4, 1997 and if an
extension of the limitation pedod had been received. Kugler confirmed this and said there was
no staff report on this item.
Public discussion:
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 3
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of
December 4, 1997, REZ97-0011, an application to rezone 4.46 acres from Interim
Development Single-Family Residential Zone (IDRS) to Sensitive Areas Overlay-12 (OSA-
12) for property located at 500 Foster Road. Gibson seconded the motion. The motion
carried on a vote of 7-0.
DEVELOPMENT ITEMS:
SUB97-0024. Public discussion of an application submitted by Carmen Davis for a preliminary
and final plat of a Resubdivision of Lot 7, WB Development, a 1.78 acre, two-lot commercial
subdivision located southeast of the intersection of Naples Avenue and Escort Lane. (45-day
limitation pedod expires November 30, 1997)
Yapp stated that the property was annexed into Iowa City in 1995 as part of the WB
Development, and the lot is currently vacant. He said the proposed subdivision would split the
existing lot into two lots of 1.15 acres and 0.63 acres. Yapp said staff requested a prohibition
of direct vehicular access to Naples Avenue, and a note on the plat states that direct access
to Naples Avenue will be proh~ited. He said there is a 24-foot wide access and utility
easement to Escort Lane along the east property line of Lot 1. Yapp added that there is a
chance that access could be provided from the south through Jeff Maxwell's property, and staff
encourages the parties to work toward such an agreement.
Yapp said when WB Development was subdivided, a pdvate lift station was installed to provide
sewer service to this area, and a lot owners association is the entity responsible for the
maintenance of and any future upgrades to this pdvate sewer system. He said staff
recommends that the subdivision be subject to amendments to the lot owners association
covenants essentially stating that they agree to this addition to the pdvate sewer system and
will take responsibility for the maintenance and upgrades that might be needed to the system.
Yapp said Lot 2 does not currently have sanitary sewer service, and staff recommends that no
building permit be issued for that lot until sanitary sewer service is provided to it.
Yapp said staff recommends that SUB97-0024 be approved, subject to amendments being
made to the covenants of the lot owners association to address the new services being added
to the pdvate sanitary sewer system, and the maintenance and upgrade responsibilities of such
system; no building permit being issued for Lot 2 prior to the installation of a sanitary sewer
service to the lot; and approval of legal papers pdor to City Council consideration.
Supple asked if approval of the legal papers was the only thing that was specifically needed
pdor to City Council consideration. Yapp confirmed this, saying there were no construction
plans as there were no public improvements being made. He said the amendments to the
covenants would be part of the legal papers. Ehrhardt asked if the covenant would ensure that
the developers of the other lots would have adequate sanitary sewer capacity. Yapp said MMS
Consultants has shown that there is capacity in the private sewer system for development of
those lots. Holecek stated that Public Works has suggested that the capacity in the line be
allocated. She said she had not yet presented to the developers attomey or the attorney for
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 4
WB Development as a whole, the concept that the revised covenants will allocate sewer
capacity to each lot. She noted it would be a better way of notifying potential lot owners as to
the types of uses that would fit the capacity constraints allocated to each lot. Holecek said the
C1-1 zone has a broad range of uses that may or may not have heavy water usage. She said
staff will ensure the issue is addressed in the legal papers.
Bovbjerg asked if the amendments to the lot owners association covenants would go with any
of the lots that would come up for development. Yapp said if the property goes through a
subdivision, staff would recommend this. He said however, the existing lots could simply get
a building permit and would not have to go through the subdivision process again. Bovbjerg
asked if the owners of the current lots know about the covenants. Yapp said they either know
about them or will be notified.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to approve SUB97-0024, a preliminary and final plat of a
Resubdivision of Lot 7, WB Development, a 1.78 acre, two-lot commercial subdivision
located southeast of the intersection of Naples Avenue and Escort Lane, subject to
amendments being made to the covenants of the lot owners association to address the
new services being added to the private sanitary sewer system and the maintenance and
upgrade responsibilities of said system, no building permits being issued for Lot 2 prior
to the installation of the sanitary sewer system to the lot, and the approval of legal
papers prior to City Council consideration. Gibson seconded 'the motion. The motion
carried on a vote of 7-0.
SUB97-0025. Public discussion of an application submitted by Jeff Maxwell for a preliminary
and final plat of a Resubdivision of Outlot A, WB Development, a 15.90 acre, one-lot
commercial subdivision with one outlot located on the east side of Naples Avenue, across from
Alyssa Court. (45-day limitation pedod expires November 30, 1997)
Kugler stated that this property was directly south of the property discussed in the previous
item. He said this would create one new building lot within a large outlot that had previously
been designated for open space and storm water management. Kugler said the grading that
has occurred on the property was previously approved, prior to the adoption of the Sensitive
Areas Ordinance. He added that any additional grading or encroachment into the sensitive
areas to the east of this site would require a rezoning, although the current plan does not
indicate that any further encroachment will occur.
Kugler said the deficiencies in the staff report have been addressed. He said staff
recommends that the provisions regarding the paving of Naples Avenue that were contained
in the legal papers for the original subdivision of WB Development be adhered to and that
paving be required. Kugler said the vehicular access and sewer issues for this subdivision are
very similar or the same as those discussed for the previous subdivision, and staff is
recommending that similar provisions be incorporated into the Commission's recommendation.
He said staff recommends that SUB97-0025 be approved, subject to amendments being made
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 5
to the covenants of the lot owners association to address the new services being added to the
pdvate sanitary sewer system and the maintenance and upgrade responsibilities of said
system, and the approval of legal papers, construction drawings, and a Sensitive Areas Site
Plan prior to City Council consideration of the plat.
Kugler said Public Works has informed him that one grading plan has already been approved
for a portion of this property, and does not feel another grading plan will be necessary for this
plat. He said if the applicant decides to relocate the access ddve or the sanitary sewer line for
this property, a grading plan would be required at that time.
Ehrhardt asked about the open space requirements. Kugler said there would be a building on
Lot 1. He noted that the outlot was not required open space, but was an area that the owner
felt initially was undevelopable. He added that with the grading that was approved for the
sewer line, the area became a fiat area that could be developed, and there are no
environmentally sensitive features there left to preserve.
Public discussion:
There was none.
Public discussion closed.
MOTION: Gibson moved to approve SUB97-0025, a preliminary and final plat of a
Resubdivision of Outlot A, WB Development, a 15.90 acre, one-lot commercial
subdivision with one outlot located on the east side of Naples Avenue, across from
Alyssa Court, subject to amendments being made to the covenants of the lot owners
association to address the new services being added to the private sanitary sewer
system and the maintenance and upgrade responsibilities of said system, and the
approval of legal papers, construction drawings, and a Sensitive Areas Site Plan prior
to City Council consideration. Shive seconded the motion. The motion carried on a vote
of 7-0.
SUB97-0027. Public discussion of an application submitted by Frank A. Boyd for a preliminary
plat of Boyd's Fashionable Acres, an 11.34 acre, 16-1ot residential subdivision located at 2511
Rochester Avenue. (45-day limitation pedod expires November 30, 1997)
Kugler said the applicant has requested deferral of this item to December 18, 1997 and has
submitted an extension of the limitation pedod. He added that there are still some drainage
issues to be resolved, and he would postpone the staff report until the December 18 meeting
unless there was someone from the public who wanted to discuss the item.
Public discussion:
There was none.
Public discussion closed.
MOTION: Shive moved to defer to the Planning and Zoning Commission meeting of
December 18, 1997, SUB97-0027. a preliminary plat of Boyd's Fashionable Acres, an
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 6
11.34 acre, 16-1ot residential subdivision located at 2511 Rochester Avenue. Bovbjerg
seconded the motion. The motion carried on a vote of 7-0.
SUB97-0028. Public discussion of an application submitted by Highlander Partnership for a
preliminary and final plat of Highlander Development, Second Addition, a 15.8 acre, six-lot
commercial subdivision located northeast of the intersection of Interstate 80 and Highway 1
North. (45-day limitation pedod expires December 15, 1997)
Yapp said the deficiencies on the plat had been resolved. He said there was a change to the
plat to the effect that there will no longer be an access easement to Lot 25, because of
concerns about the design issues related to having an access ddve across a parking lot with
more than 12 spaces. Yapp added that City Code states that an aisle for a parking lot may not
be used as a ddve into another parking area. He said Lot 25 will have access off of Northgate
Drive and Lots 21-23 will have access off the private ddve that the Highlander uses.
Yapp said the property has some slopes of around 25%, but the slopes were a result of the
construction of the Highway One/Interstate 80 interchange and were therefore humanmade.
Because the slope is part of a publicly approved project, a Sensitive Areas rezoning is not
required. Yapp said staff recommends that a secondary access to this property be constructed
from Northgate Drive to provide an additional access into the parking lot for emergency
vehicles.
Regarding storm water management, Yapp said it would be provided at the time of each
individual lot development. He said Public Works examined the possibility of providing a
centralized storm water management for the site, but given the topography, decided that storm
water management may be provided separately on each lot in order to minimize grading.
Yapp said staff recommends approval of SUB97-0028, subject to approval of legal papers,
construction drawings, grading and erosion control plans, and a secondary access being
provided from the northeast portion of the Highlander Inn parking lot to Northgate Ddve prior
to any building permits being issued for Lots 21, 22, 23, and 25. The secondary access ddve
will serve as primary access to future development on Lot 25.
Ehrhardt asked about the Code requirements regarding the aisle access. Yapp said the City
Code specifies that an aisle with twelve or more parking spaces cannot serve as a drive to
another parking lot. He said that the access on Northgate Drive will be the primary access for
Lot 25, as well as the secondary access for the Highlander Inn property and Lots 21-24.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to approve SUB97-0028, a preliminary and final plat of
Highlander Development, Second Addition, a 15.8 acre, six-lot commercial subdivision
located northeast of the intersection of Interstate 80 and Highway I North, subject to
approval of legal papers, construction drawings, a grading and erosion control plan, and
a secondary access being provided from the northeast portion of the Highlander Inn
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 7
parking lot to Northgate Drive prior to any building permits being issued for Lots 21, 22,
23, and 25. Shive seconded the motion. The motion carried on a vote of 7-0.
SUB97-0029. Public discussion of an application submitted by Woodrow and Melinda Houser
for a preliminary and final plat of M & W Addition, a 0.48 acre, two-lot residential subdivision
located at 803 S. Summit Street. (45-day limitation pedod expires December 15, 1997)
Kugler said the deficiencies on the plat had been addressed. He added that if the subdivision
were approved, both of the lots would meet the requirements of the RS-8 zone. Kugler said
the property is located within the Summit Street Histodc District, and therefore, any application
for a building permit on either lot would require review and approval by the Histodc
Preservation Commission before the building permit can be issued. He said the applicant is
aware of this requirement, but staff recommends that the legal papers incorporate a statement
indicating that this is required to put potential buyers on notice.
Kugler said the Summit Street Bridge is scheduled to be replaced in fiscal year 1999 and may
require that sidewalks on either side be replaced and rebuilt. He said the property does have
a brick sidewalk, and the City has received a recommendation from a consultant, who studied
the bddge and roadway project, that the City consider saving or rebuilding that sidewalk.
Kugler said staff recommends that rather than new sidewalks being constructed at this time,
the City receive a payment for the construction of those sidewalks and use it when the Summit
Street Bridge and the roadway is replaced, at which time a decision can be made about the
material to be used for the sidewalk. He added that the applicant's attorney felt that would be
an acceptable solution. Kugler said staff is recommending that SUB97-0029 be approved,
subject to legal papers being approved pdor to City Council consideration of the plat and that
the legal papers incorporate language regarding: 1) the required Histodc Preservation
Commission review and 2) a payment to go toward sidewalk repair or reconstruction of the
Summit Street Bddge replacement project in lieu of construction of the sidewalks at this time.
Starr said he understood. there would not be an additional access created - that the access will
be through the existing ddveway and there will be an easement there. Kugler said the plat
does not prohibit access on Lot 2. He said staff felt it would be difficult to prohibit a driveway,
as most other lots along Summit Street have their own driveway. He said, however, the legal
papers do provide for an access easement along the existing ddveway to be shared by both
lots. He added that it is unlikely the Histodc Preservation Commission would approve a garage
in the front of the building; therefore, it would make sense for whoever owns Lot 2 to use the
existing driveway, or they would have to construct their own long ddveway to the back of the
property, narrowing the buildable width of the lot.
Ehrhardt asked if there had been any discussion of opening the alley up behind the property.
Kugler responded that it is not currently improved and there are no plans to improve the alley.
He said it is a right-of-way that could legally be used, but it may not be physically possible to
use it.
Public discussion:
There was none.
Public discussion closed.
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 8
MOTION: Chait moved to approve SUB97-0029. a preliminary and final plat of M & W
Addition, a 0.48 acre, two-lot residential subdivision located at 803 S. Summit Street,
subject to legal papers being approved prior to City Council consideration and that the
legal papers incorporate language regarding: 1)the required Historic Preservation
Commission review, and 2) a payment to go toward sidewalk repair or reconstruction
during the South Summit Street Bridge replacement project in lieu of construction of
sidewalks. Supple seconded the motion.
Ehrhardt said she had some discussions about this item with Ruedi and Cecile Kuenzli and Pat
Folsom as well as another party whose name she did not know, who said the sign on the
property had been down since Saturday night and so they thought the meeting on this item had
been canceled. Ehrhardt said Cecile Kuenzli had asked for, and Ehrhardt had received from
Kugler, aedal photographs of the area. Ehrhardt said Kuenzli then determined the average lot
width to be 80 feet. Kugler agreed that there are some very large lots in the area, and the
larger lots are more common there, although the smaller lot size would not be totally foreign
to this district. Ehrhardt said the character of the street is comprised not only of the houses,
but also of the size of the lots they sit on. She said the proposed subdivision would create
small lots for that street.
Bovbjerg said these two potential lots are at the tail end of South Summit Street where all of
the lots are smaller, and over these years, these homes have been in-fill. She said there was
a modest house to the south of the property and another modest home to the south of that.
Bovbjerg said she thought it would be in character with that block, both on that side of the
street and across the street, to have a modest house on a modest lot there. She said she was
also concerned with the smaller widths, but she took a good look at nearby lots and thinks this
would be in character with the block, especially since it will be examined by the Histodc
Preservation Commission. Gibson said the image of Summit Street as monstrous houses on
big lots is not the reality. He said there a lot of very small homes there with very narrow lots.
Gibson said he thought this would be consistent in terms of in-fill and would provide another
opportunity for development within the city.
Kugler said staff feels the most important thing in terms of site design may be the setback, as
it is the setback that creates the character of Summit Street. He said it is also important to get
a building that is compatible with other structures in the district. Kugler said a well-designed
and well-sited home on this lot could fit nicely within the district. He added that he believed the
Historic Preservation Commission would look closely at the design, as it would be the first time
the Commission would be approving a new pdmary building on a lot in a histodc district.
The motion carried on a vote of 6-1, with Ehrhardt votincj no.
CODE AMENDMENT ITEMS:
Public discussion 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.
Doug Boothroy, the Director of Housing Inspection Services, said the temporary use ordinance
would give staff direction as to what can and cannot be done in terms of allowing temporary
uses for special events that are put on by businesses. He added that it would set up some
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 9
standards by which the City can have temporaG, uses that are compatible in various zones
throughout the community, as well as providing consistency, organization, and order to the
whole process.
Boothmy said the ordinance would identify the temporaG, uses that would be permitted and
would address some of the other concerns City staff has had in terms of allowing temporaG,
uses in areas staff was not sure should be allowed to begin with. Boothroy said he discussed
changes in the language with Holecek and would have them ready by the next meeting.
Bovbjerg asked about the reference to contractors' construction yards as well as the reference
to circuses, rodeos, and camivals, since rodeos are not allowed in Iowa City. Boothroy said
the revised draft would delete the reference to circuses, rodeos, and carnivals. He added that
contractors' construction yards referred to staging areas for temporary storage of building
materials in development areas. He said it would not be for sales. Supple asked about the
time pedod for the permit. Boothroy said the maximum was for 180 days.
Gibson asked if carnivals would be disallowed with the deletion of the reference, and said that
would be imprecise if carnivals did not involve animals. Boothroy said he felt carnivals would
fall under the category of fairs or festivals. Gibson suggested discussing the requirements in
terms of animals in order to be more precise, if the real goal is to keep out animals. He added
that a circus would not necessarily involve animals either. Starr said if there is already an
ordinance dealing with the animal issue, carnivals and circuses could be left as a temporary
permitted use, and the other City ordinance would kick in if animals were involved. Boothroy
said he would read that section of the Code involving the animal issue and attempt to make the
uses consistent with that.
Public discussion:
There was none.
Public discussion closed.
MOTION: Ehrhardt moved to defer to the December 4, 1997 meeting of the Planning and
Zoning Commission 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. Supple seconded the motion.
Gibson said he was not totally comfortable with the regulations, although he had absolutely no
objection to the intent of the amendment. He said he was troubled that the City is wdting rules
and more rules to govern our behavior and deal with all the ambiguous situations. Gibson said
he was somewhat ambivalent about the issue. Bovbjerg said that frequently these
amendments are written in response to perceived or actual abuse of privileges either by length
of time or taking up space. She added that if people are unaware of the rules and regulations,
the City at some point needs to have a brochure or a flag go up to notify people of such rules.
Gibson said we do have rules, specifically rules about parking and signage. He said the notion
of writing rules about temporary things is complex to start with, and there is a certain
disjointedness about it. Gibson said he may vote for the amendment, but he did have
reservations.
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PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 10
Chait said this is not the first time the Commission has had an opportunity to clarify what is
seen as a gray area. He said that making the regulations clear will keep the City from having
a problem with people continually pushing the edges. Chait said he felt this would be an
appropriate way to deal with the problem.
The motion carried on a vote of 7-0.
2. Public discussion of staff's recommendation regarding the development of an
entranceway oveday zone.
Yapp said the odginal impetus for placing the development of an entranceway oveday zone on
the Commission's pending list came from concerns with preserving the natural features along
North Dodge Street and Dubuque Street. He said that over time, concerns about the
appearance have grown to include the desire for higher standards of landscaping, signage, and
building and site design along the entranceway corridors. Yapp said these concerns are shown
by the conditional zoning agreements that have been developed over the years to address
these concerns.
Yapp said the adoption of the Sensitive Area Ordinance addressed some of the concerns over
the protection of natural features in the environment. He said staff researched the issue of
entranceway overlay zoning, but found it was difficult to develop consistent standards for the
various land uses and types of development along the entranceways, because of the different
characteristics in the corridors. As an alternative to an overlay zone, Yapp said staff feels it
is possible to achieve the goals of an entranceway overlay zone by strengthening the tree, sign,
and design requirements in specific zones, i.e. the community commercial, the highway
commercial, the general industrial, and the intensive commercial zones where they abut arterial
streets, and by continuing public investment strategies along designated entranceway
roadways. Yapp added that staff is asking the Commission for direction regarding which
mechanism to pursue: to develop an entranceway zone, or as staff recommends, to adopt new
landscaping, design, and building and site design requirements for certain commercial zones
along arterial streets.
Yapp showed an overhead transparency demonstrating the main traffic thoroughfares through
Iowa City, which based on traffic counts might be labeled entranceway corridors. He showed
a separate overhead highlighting the community commercial, the highway commercial, the
general industrial, and the intensive commercial zones that are located pdmadly along the
highway corridors into the City. He added that many of the main corridors into the City are
pdmadly residential, e.g. Dubuque Street. Yapp said that Highway 1, Highway 6, and Riverside
Ddve do have large amounts of community commercial, general industrial, and intensive
commercial zoned property, and those are the areas that have been getting the conditional
zoning agreements.
Yapp said staff feels the desire to improve the appearance of the entranceways is not only
connected with preserving the view of natural features, but to ensure that development and
investment along the main public arterials through the city are of a quality that enhances the
city's appearance. Yapp cited the new Hy-Vee on First Avenue as an example of a recent
development governed by a conditional zoning agreement. He said the store is not on an
entranceway but is on an artedal street, and much of the landscaping on that property is the
result of the conditional zoning agreement. Yapp said staff is recommending in lieu of
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 11
developing entranceway overlay zones, that the City adopt amendments to the CC-2, C1-1, I-1,
and CH-1 zones to address new landscaping, signage and building and site design standards
for developments on the main arterial streets.
Gibson asked if it was fair to assume that staff believes this is not an issue for entranceways
that do not have these commercial-type uses on them. Yapp said it is not nearly as much of
an issue. Gibson stated that staff would be excluding them with this recommendation. Yapp
said staff is not unconcerned about those areas, but they are more controllable with existing
regulations. Miklo added that the residential-zoned areas have much stronger sign regulations,
and there are also greater tree requirements in the residential zones.
Bovbjerg asked about the zoning for the North Dodge Street area between Governor Street
toward the Highway and if it were commercially zoned. Yapp replied that only part of the North
Dodge Street Corridor is actually zoned commercial. Bovbjerg pointed out the area near Praide
du Chien Road and the commercial uses in that area. Bovbjerg said the area contains a mix
of residential and commercial uses and asked if that were an area that would be considered.
She felt it would be a good place to include in any consideration of entrance restrictions. Yapp
said anything proposed would apply wherever those commercial zones are along arterials.
Bovbjerg asked if the tree ordinance is currently applicable to parking lots of certain sizes, and
Yapp said there are requirements in place for parking lots.
Ehrhardt asked if there is currently a tie-in between public investment in landscaping and
pdvate, and if Yapp is proposing to require one. Yapp responded that staff is not proposing
that it be required per development, but is proposing that as streets are reconstructed or
constructed, the City adopt guidelines to improve the appearance of the roadway and not just
the surface. Gibson asked if the Commission should approve what staff is suggesting, how
one would characterize what staffs marching orders would be. Yapp said staff would then stop
work on developing an entranceway oveday zone, and would focus on modifying and perhaps
increasing the landscaping, sign, and building and site design standards for the specified
commercial zones.
Public discussion:
Glenn Siders, 325 East Washinc~ton Street, said he was employed for Southgate Development
and represented his employer as well as the Homebuilders Association of Iowa City. He said
he discussed this proposal with staff and felt it was somewhat ambiguous, because it was
difficult to see the overall objectives. Siders said his groups are resistant to simply amending
the parking and sign regulations. He said it was their position that it would be more
appropriate, if the concern is one of signage and landscaping, to design an overlay zone.
Siders said in adopting this amendment, the Commission would be opening up a can of worms
with a couple of things, one of which is that public investment would need to be made in
landscaping some of the existing environment along some of these entranceways. He said that
creating an oveday zone would give property owners, whose properties are located within the
overlay zone, notice of the intent of the City and would involve public headngs and provide
those people an opportunity to give input.
Siders said it would be difficult to take the tree ordinance and parking regulations and amend
them to these zones. He said a large portion of the undeveloped areas along Riverside Ddve
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 12
consists of City-owned parcels, and it would not be applicable to those particular parcels.
Siders said he thought those areas should be encouraged for entranceway improvements first.
He said this would enhance the goal of having a softer appearance as one comes into the
community. He added that theirs are concerns with some of the residential areas as one comes
into the community along the entranceway, although the concerns may not be as great.
Siders said this would be a difficult ordinance to develop, but the City needs to research the
overall goal and apply it evenly through each and every entranceway that it is necessary to
apply the zone to, or forget about it entirely. He said he is not opposed to the landscaping and
other goals, but thinks that piecemealing certain existing ordinances would not be the most
appropriate way to approach this goal.
Public discussion closed.
Starr asked if the issue heirs would be to amend the work program pending list to change the
item regarding an entrance overlay zone to something pertaining to strengthening the standards
in some other zones. Bovbjerg asked if there were a way to get at the goals of the issue as
well as address Siders' concerns about consistency and the public aspect of this. She added
that the long-range view of how this affects the City, as well as the amount of staff time needed
to research this item, should also be considered.
Gibson suggested that staff come back with a rewording of point number two on the
Commission's pending list so that the Commission can vote one way or the other.
MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of
December 4, 1997, staff's recommendation regarding the development of an entranceway
overlay zone. Gibson seconded the motion.
Gibson said some of Siders' points were well taken. He added that staff is only asking to
examine this issue from. a different viewpoint, but staff needs to address some of the issues
inherent to the recommendation. Starr said he has not yet been swayed to look at the issue
from another viewpoint. He said the entranceway oveday zone may result in more work on the
part of staff and the Commission, but he felt the process would be reasonably fair. Miklo said
if the Commission decided to go with staffs recommendation regarding increased standards
in certain zones, staff could give the affected property owners advance notice and have a
public headng. Starr said he felt that a rezoning gets the public's attention faster.
Supple asked if one of the masons for not wanting to proceed with the entranceway overlay
zone was because other commercial developments along arterials should fall under these same
guidelines. She suggested that maybe them should be consideration of having an overlay zone
for artedal streets as well as entranceways. She felt both would be appropriate. Yapp agreed
that was one of the reasons. He said that high-visibility commercial development does not
occur only on entranceways, but also on artedal streets. He added that not all entranceways
attract that kind of development. Yapp said staff would develop language for amending the
pending list for the next meeting.
The motion carried on a vote of 7-0.
MINUTES
PLANNING & ZONING COMMISSION
NOVEMBER 20, 1997
PAGE 13
3. Public discussion of Section 14-6L-1U2 regarding the requirement for common living
area in elder congregate housing.
Miklo said the applicant requested that this item be deferred until January 15, 1998.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to defer to the January 15, 1998 Planning and Zoning
Commission meeting, discussion of Section 14-6L-IU2 regarding the requirement for
common living area in elder congregate housing. Gibson seconded the motion. The
motion carried on a vote of 7-0.
CONSIDERATION OF THE NOVEMBER 6, 1997 PLANNING AND ZONING COMMISSION
MINUTES:
MOTION: Gibson moved to approve the November 6, 1997 minutes of the Planning and
Zoning Commission minutes, as written. Bovbjerg seconded the motion. The motion
carried on a vote of 7-0.
PLANNING AND ZONING COMMISSION INFORMATION:
Ehrhardt asked Commission members to read the letter from the Neighborhood Council of Iowa
C~ty.
Starr reminded Commission members that the City Council would be meeting with the Planning
and Zoning Commission on December 8, 1997 regarding the South District Plan.
ADJOURNMENT:
The meeting was adjourned at 8:59 p.m.
Lea Supple, Secretary
Minutes submitted by Anne Schulte
13POADMII~m~ns~P&Z 11-20.w~5
IOWA CITY PLANNING & ZONING COMMISSION MEETING
SIGN IN SHEET
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
THURSDAY, NOVEMBER 20, 1997- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
Name
Address
POLICE CITIZEN REVIEW BOARD
NOVEMBER 19, 1997 - 11:30 A.M.
COUNCIL CHAMBERS
MINUTES
CALL TO ORDER Temporary Chairman P. Hoffey called the meeting to order at
11:30 A.M.
Board members present: M. Raymond, P. Farrant, L. Cohen and P.
Hoffey. Staff present: M. Karr, S. Bauer, and legal counsel D.
Russell. (J. Watson, 11:35)
TOUR
CONSENT
CALENDAR
Police ChiefR.J. Winkelhake conducted a tour of the Police
Department. ~
Motion by J. Watson and seconded by L. Cohen for adoption of
Consent Calendar. Motion carried, 5/0, all members present.
RECOMMENDATION TO COUNCIL None
EXECUTIVE
SESSION
Motion by L. Cohen and seconded by P. Farrant to adjourn into
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. Executive session
commenced at 12:40 P.M.
Regular meeting resumed at 1:15 P.M. Police ChiefR. J.
Winkelhake present.
PD REQUEST
FOR EXTENSION
OF TIME
Motion by M. Raymond that the Board grant an extension to the
Police Department to complete its investigation of Complaint 97-2,
and in light of scheduling difficulties over the holidays, grant the
extension to January 5, 1998. Motion seconded by J. Watson.
Discussion followed. Motion earfled, 5/0, all members present.
PCRB Minutes
11/19//97
Page 2
FUTURE
MEETINGS
ADJOURNMENT
At~er discussion, the Board agreed the Police Department will give
a presentation at the December 4, 1997 meeting on the 28-page
Policy Manual section (general statements of policy), and directed
staff to provide the document in advance for their review.
The Board decided legal counsel presence would not be needed
during this review of policies. Legal counsel D. Russell urged that
he be involved in any discussion formulating policies.
In response to questions, legal counsel D. Russell defined public
heatings, public discussions and open public meetings.
City Clerk M. Karr recommended the following procedure for
review of Police Policies and Procedures:
1. Presentation by Police Department;
2. Board discussion with police;
3.- Work with police on changes;
4. Present recommendations to Council.
Staff requested Board members to let them know of any times they
will be unavailable for meetings over the holidays.
Motion for adjournment by J. Watson and seconded by L. Cohen.
Motion carried, 5/0, all members present. Meeting adjourned 1:30
P.M.
MINUTES
RIVERFRONT AND NATURAL AREAS COMMISSION
WEDNESDAY, OCTOBER 15,1997- 5:30 PM
IOWA CITY CIVIC CENTER - LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Cortney Daniels, Ken Fearing, Lod Goetsch, Gretchen Grimm,
Richard Hoppin, Joe Kral, Jim Pugh, Tom Riley, David Thayer,
Larry Wilson
MEMBERS ABSENT:
Catherine Pugh
STAFF PRESENT:
Jeff Davidson, John Yapp, Traci Howard. Terry Trueblood, Carol
Sweeting
OTHERS PRESENT:
CA! ! TO ORDFR:
Chairperson Daniels called the meeting to order at 5:30 p.m.
PUBIIC DISCUSSION OF ANY IT!=M NOT ON THF AGFNDA:
Daniels said that the Commission would table the Floodplain Ordinance Review item on the
agenda. Yapp said Bob Miklo, Senior Planner for Iowa City, would be available at an upcoming
meeting.
Daniels said after the last RNAC. meeting, she was going to wdte a letter to the Iowa City
Planning and Zoning Commission about the Comprehensive Plan. She said she forwarded a
letter she wrote and the memo that RNAC members received at the last meeting to the
Planning and Zoning Commission. She said she was not sure what happened at the Planning
and Zoning meeting.
CONSIDI:RATION OF THF SFPT!::MBI=R 17. 1997. MFF:TING MINUTFS:
J. Pugh asked about hiring consultants on page 2 in the first full paragraph. Daniels said they
were discussing the Peninsula. Wilson said no, that he was trying to explain that the
Commission ought to identify their concerns before the City hires a consultant.
Daniels on page 2, she actually formed a committee to deal with the sensitive areas project. In
that same paragraph, Wilson changed the seventh sentence to, "Wilson suggested each year
they should take a different sensitive area..." He said they could still do the trees, as well as
another sensitive area.
Daniels said that on page 3, in the second paragraph the words "road construction" should be
changed to "the First Avenue extension" so everyone is clear on what the construction is. She
wanted to change the sixth sentence of that paragraph to say, "Neumann said the opponents to
the First Avenue extension have a problem with the development that goes along with the road
construction that will follow near Hickory Hill Park.
J. Pugh said he thinks the public is misinformed about the First Avenue extension. Daniels
wanted the 14th and 15th sentences scratched from the second paragraph.
MOTION: J. Pugh moved to approve the September 17, 1997, meeting minutes as
amended. Fearing seconded the motion.
Riverfront and Natural Areas Commission
Wednesday, October 15,1997
Iowa City Civic Center - Lobby Conference Room
Page 2
The motion carried by a vote of 10-0.
COMMISSION DISCUSSION:
Hickory Hill Trail Development:
Terry Trueblood, Director of the Iowa City Parks and Recreation Department, presented a
conceptual map of the Hickory Hill Master Trail Plan. He said there was a Parks and Recreation
public meeting on October 9, and about 40 people attended. He said that was the third public
meeting held on the issue. Trueblood presented the Hickory Hill Park map and the surrounding
areas.
Trueblood said they had three specific goals for the consultant to accomplish in planning the
trail. First, to expand the trail system especially where there is no trail. Second, to make at least-
a portion of the trail accessible to persons with' disabilities. Thirdly, improve the current system
because parts of it were put in haphazardly and are too steep to effectively maintain and easily
traverse. He said the consultant presented a plan with two spine trails, one going north to south
and the other going east to west. He said it might be possible or desirable to pave the spine
trails with asphalt to provide both a bicycle and accessible trail through the park. He said that
one thing that came out of the public meetings was that people wanted more loops for the trails,
so ,the consultant tried to incorporate some.
Trueblood said there is a neighborhood oriented area in the south portion of the park, which has
both active and passive uses, and requires moderate to high maintenance. He said the north
park has more of a community orientation, which is accessible mostly by vehicle. He said the
yellow areas on the map are the protected areas where there is limited access, no paths and
low maintenance. He said the spillway area is both passive and active use.
Trueblood said the square areas with the dots are 40 acres of cemetery area in question. He
said that area was purchased by the City almost 80 years ago for cemetery use, according to
the deed, and if the heirs to the family that sold the land want it to be cemetery land, they may
be able to sue the City and say that the original purpose for the land was to be used for
cemetery. He said that in light of this situation, Council directed the Parks and Recreation
Department to devise three cemetery use plans. One plan is a 30-year plan, which would
increase the cemetery lot sale life by 30 years and very little land would be taken from the park.
Another plan is a 10-acre plan, where that amount of land is used for cemetery purposes; this is
the plan recommended by the former City Attorney. The third plan is using the entire 40-acres
and intermingle cemetery with park use. He said the former City Attorney's interpretation was
that the City did not have to use the land for cemetery unless the heirs of family that sold the
land wanted it to be cemetery.
Fearing said that not much more than 10 acres of the land in question is acceptable for
cemetery use because of the topography. He said the edges along the square have steep
contours, and would not be acceptable for cemetery use. J. Pugh asked why there would be a
legal problem if the City owns the land. Trueblood said because the original deed said the land
was to be used for a cemetery, the heirs could have a case against the City if the City chooses
to not use the land for a cemetery.
Trueblood said the majority of the vocal people at the public meetings do not want asphalt
anywhere in the park. Wilson said that he spoke up at the last public meeting and said that
RNAC is concerned about the environment and providing trails and connectivity to the trail
Riverfront and Natural Areas Commission
Wednesday, October 15,1997
Iowa City Civic Center - Lobby Conference Room
Page 3
system, and making the two compatible. J. Pugh suggested paving the spine trails with ground-
up street matedal instead of using gravel or asphalt. He said it would not be safe to build a trail
without a surface. Trueblood said that would be worth taking a look at. He said at the last public
meeting he asked if people did not want an asphalted trail or did not want a spine trail through
the park, and the vocal response was that they did not want either. They did not like the
possibilities of bicycles being allowed on the trails. Daniels said she thought that was a conflict
of the purpose of the park.
Wilson said it is not clear if the park should be naturalistic or a community-wide multi-use park.
J. Pugh said the accessibility issue is very important. Trueblood said that paved trails would be
easier to maintain, and there are a number of surfaces acceptable by ADA. He said that RNAC
could send a formal recommendation to the Parks and Recreation Commission if they decide
to. Wilson said a compacted gravel surface would be suitable for accessibility, and they do not
have to be accessible up to ADA standards throughout the park. He said that the compacted
gravel would also be acceptable for a wide variety of bicycle tires, so bicycle access would not
be a problem. Daniels said the spine trails would be flatter anyway. Wilson suggested using a
softer surfacing material and put more effort into maintenance.
Trueblood said they will have to put more effort into maintenance regardless of the surface.
Wilson said asphalt may not be the ideal surface because it requires a lot of weight to stay
compact that pedestrians and bicycles would not provide. Trueblood said that asphalt or
concrete would have lower maintenance costs, higher initial costs and would be more
accessible to in-line skaters and skateboarders. He said it would be easier to remove snow
from a harder surface in the winter. Wilson said he got the impression at the public meeting
that the vocal participants thought that a lot of traffic would be whizzing through the park area
as a short cut to another area.
Fearing said that people at the meeting were not so negative to using hard wood mulch as a
trail surface. Trueblood said that is an expensive surface, but it meets ADA accessibility
standards. Wilson said he would question the use of that matedal for anything other than
playgrounds. He said that in keeping with the mission of providing access to all citizens, there
should be some multi-use trails within the park. He said while the intersection of the spine trails
may not be ideal design, it is the most environmentally responsible one. Trueblood noted that
most of the trail does not go through trees, and many people misunderstood that, thinking that
the City would be chopping down lots of trees for the trail. Wilson suggested that Trueblood
consider compacted gravel as a surface to meet accessibility standards and restrict trail use for
in-line skaters or skateboarders.
Daniels said that at the last meeting Riley said this trail is not in the Commission's purview, and
members need to decide if they want to be formally involved. J. Pugh suggested they all get
involved individually because he did not see how the Commission would approach it. Fearing
said that the two issues at the meeting were that people wanted to keep the park very pristine
as well as making it a multi-use area, and there should be room for both in the park. Daniels
said she thought the Commission should take a position on the issue and communicate that
with other people. Riley said that the discussion has been about trail surfaces, which is not in
the Commission's purview. He said they should be concerned if the trails were affecting the
environment or the river, but they are doing neither so the Commission should not be involved.
Daniels said she thought the Commission had a stake on how trails are developed for bicycle
use, such as the Iowa River Corridor Trail. Wilson said they have characterized the Iowa River
Corridor Trail as being the backbone of the city-wide trail system, and that maybe the
Riverfront and Natural Areas Commission
Wednesday, October 15,1997
Iowa City Civic Center- Lobby Conference Room
Page 4
Commission should clarify their mission. J. Pugh said it is difficult to precisely define what the
Commission will be concerned about because they tend to be an overview of many issues.
Wilson said trails are not specifically in the Committee's charter, unless they are interwoven
with the river. J. Pugh said the Commission has not seen the discussed area. Riley said the
area is still a concept. Fearing said he thought the Commission has a responsibility because it
is a natural area. Daniels said she would talk to Neumann, and draft a letter in support of the
trail redevelopment to the Parks and Recreation Commission, trying to stick to RNAC's charter.
Wilson said he thought they should clarify how RNAC relates to trails. Fearing said the possible
cemetery was not much of an issue at the last meeting because people were so focused on the
trails and surfaces. Daniels asked if the First Avenue extension was mentioned in the public
meeting discussion. Trueblood said he clarified the First Avenue extension is not related to the
Hickory Hill Park development plan.
Trueblood showed a conceptual plan of Sturgis Ferry Park. He said they would start hauling in
loads of dirt either this fall or next spring to mound and hide the recycling area. He said they
were also putting in new trees and shrubs in the area. Most of the work will be done in-house
and the grooming will take place in the spring. He noted that the plan did not show that there
would have to be an approach light tower somewhere in the middle of the park, and access
would be restricted in a 50-foot square area around the tower. He said they plan to spruce up
the area and improve the current parking situation. He said the plan shows a Iow-berm, and
said that some of the area is turf-like while some is a low maintenance natural grass area. He
said the main thrust of the project is to make this entrance into Iowa City more attractive, and to
make the park more usable. He saidthe airport people and the FAA are not excited about a trail
going through their landing area, but that should not be a big problem in building the trail.
Trueblood showed a map of Ned Ashton Park done by Steve Ford. He said the construction
documents are nearly completed, and they are waiting to resolve a property trade with the
adjacent land owners. He said that construction will probably start next spring.
Update from the Iowa City water plant site use committee:
Davidson said there is a large project underway to construct a new water treatment facility in
Iowa City. He said the project involves two large parcels of property, which Davidson pointed
out on the City map. He said the City is soliciting proposals for the redevelopment of a portion
of the Peninsula to recoup the money used to purchase the entire site. Davidson said that the
Water Treatment Plant site and the Peninsula need to be thought of as separate pieces. He
said staff will ask members of RNAC, Parks and Recreation Commission and the Regional
Trails and Bicycling Committee to form a subcommittee to help develop the public-use aspect
of the lower peninsula area. He said that John Yapp, himself and Brad Neumann would meet to
discuss the subcommittee and get that going. He said the constraints in that area deal with the
wellhead protection areas.
With regards to the water plant site, Davidson said there are more considerable constraints so
City staff and consultants have developed a plan, and want the Commission's reaction to it. He
introduced Carol Sweetinc, the City Public Information and Education Coordinator, and said
that a preliminary plan has already been developed for that site. He asked RNAC members to
react to the generated ideas.
Daniels said that RNAC members will discuss the subcommittee issue at the November
meeting, and said she would like as many members that want to be on the subcommittee be
Riverfront and Natural Areas Commission
Wednesday, October 15,1997
Iowa City Civic Center - Lobby Conference Room
Page 5
able to be. Davidson said that Neumann will have a better idea of the area and the constraints
at that time.
Davidson asked members to look at the concept plan laid out by Howard R. Green for the water
plant site. He said that some areas cannot have public access because there could be a threat
to the public water resource. He noted that the River Corridor Trail system will go through the
area, and they hope to take advantage of as many well access roads as possible. He said there
are two end points, one on Dubuque Street and the other underneath the Interstate 80 bridge,
and the main challenge is to have a connecting trail through the two parcels of land. He said
one idea is to have a small parking area for trail users, but staff has gotten away from
developing a commuter lot on the space and having bus service going out to the area because
of possible dangers to the public water resource. He said the Butler House is on the water plant
site, but it not specifically being considered for use on the water plant site at this time. Davidson
said a couple of ideas generated so far for the water plant site have been to include restrooms,
have a nature center or have a public art initiative on the area.
Fearing asked how the water plant site could be City property when it is outside the City limits.
Davidson said the City annexed the property in the last six months, except for the KXIC site, so
it is not outside the City limits. Wilson asked why there is a Phase I site plan that has no trail
development. Davidson said it was designed with the intent that the well access roads would be
part of the Iowa River Corridor Trail, but they need to be made continuous. Wilson said he
asked Chuck Schmadeke why the well access roads could not be more curved to appear more
trail-like, and Schmadeke said curving the roads was doable. Wilson asked about the time
frame on the roads being built. Sweeting said sometime next year. Wilson asked how to pursue
changing the roads from straight to curvy. Davidson said RNAC members needed to voice their
opinions and reactions on the concept plan between this meeting and the November meeting.
Sweeting said the plan will be revised, go through Parks and Recreation, possibly be revised
again and go before the City Council in early December.
Wilson asked how much and what kind of traffic would be on the well access roads that also
double as trails. Sweeting said that it would be local plant and service vehicles, which are
pickup trucks or larger depending on the type of maintenance required, but that the roads would
have very limited vehicular use. Wilson asked how wide the roads would be. Davidson said 12
feet wide because it is a one-way facility with two-foot shoulders. Fearing noted there were no
contours on the map, and said there is a steep slope.
Sweeting showed a conceptual plan of the two land parcels with elevations. She said the well
houses for the deep wells are done, and over the next one to two years there will be two 40-50
foot deep alluvial wells constructed, and those will be vulnerable to anything on the surface but
they will give the majority of water on the site. Davidson said right now the City gets about 95%
of the water from the river, and with the new wells only 10% of the water will come from the
river depending on the time of year. Sweeting said there are some constraints about the soils
and the way the two lagoons will have to be shaped because there is some wetland area, and
there is some concern with the runoff and topography.
Wilson asked about detention basins for stormwater runoff. Sweeting said there is a plan to
bring in a three-and-a-half acre pond into the current cropland area to take about 60 acres of
water runoff. She said they plan to build a wetland above it or some type of detention basin
because that area can be scrubbed, meaning that a lot of contaminants from the nearby
interstate will be removed. She said the contours will be moved more toward the wet lands to
be scrubbed, and on the other side there is a storm drain.
Riverfront and Natural Areas Commission
Wednesday, October 15,1997
Iowa City Civic Center - Lobby Conference Room
Page 6
Feadng asked if there would be any effect with the sand point wells. Sweeting said the sand
point wells would not affect the alluvial wells because there are no sand point wells within the
radius and there is a natural barder from the dver. She said KXIC has a Silurian well, and there
was no detection dudng June testing, so Sweeting did not see a concern. She said that they
want to protect the sensitive areas in both parcels. Riley asked where the croplands would be.
Sweeting said they would like to leave some of the area open to the public, but there can never
be any chemicals used on the property. She said the proposed well-head protection area has a
radius of 2,500 square feet around the well heads, and that would eliminate the possibility of
chemical contamination.
Daniels asked where the trail would cross Interstate 80. Davidson said that it will cross
underneath the bridge. He said there will be an initial gap between where the trail turns off and
goes across the dam, and when Mr. Glasgow develops his property in that area. Davidson said
Glasgow's property is a very rocky area, and there may be a cluster-type development instead
of a regular subdivision.
Wilson asked if the wetlands had been officially identified. Sweeting said the large lake is too
deep to be classified as wetland, so they will fill it in and enlarge the area to 10 acres. She said
that the wetlands will be part created and part natural. Sweeting said the wetlands on the
peninsula were officially identified.
Riley asked about going through the Elks Club Golf Course to get from Iowa River and Power
Company to Dubuque Street. Davidson said this fall the Elks will start grading for some new
golf course holes, so they can get in next year and build the new holes. This will allow the City
to get in the following year and put the road in leading to the development of the top part. He
said in two years they will construct Foster Road to lead into the top development. The following
year, they will reconstruct Foster Road from the Idyllwild development, and than construct up to
the lane in 1999. He said when they finish the roads, they will make sure there are sidewalks to
bring the Iowa River Corridor Trail into the top property.
Davidson said Yapp has put together a plan with the City of Coralville to take a trail from the
west side of the dam up to Edgewater Park. Yapp said that there is no timing on the project yet
and they are still in the planning stages, but they are trying to fold the project into the First
Avenue reconstruction.
Sweeting said the quarry is also a water site, so people cannot swim in it. Wilson and J. Pugh
suggested making formal comments about the water plant site at the November meeting.
Daniels said that RNAC members should plan for the November meeting to run at least until
7:30 p.m. Thayer asked if there were areas the public must be excluded from. Sweeting said
the lagoons, and at one time it was thought the quarry was too dangerous because it was so
deep. She said they are working to stabilize the banks, and if they could make it so that no
motorized boats or water vehicles were allowed in the quarry people would not be excluded
from the area. J. Pugh asked what type of fencing will be around the lagoons to keep people
away. Sweeting said the type has not been finalized, and the quarry would be open. Sweeting
asked RNAC members to offer any suggestions regarding potential public use and safety
because right now the water plant staff is focusing on how to keep themselves and the water
sources safe, but they would like more input on how to keep the public safe. She said that the
quarry has a sand and gravel bottom, not a rock one.
JCCOG Regional Trails and Bicycling Committee update:
Riverfront and Natural Areas Commission
Wednesday, October 15, t 997
Iowa City Civic Center - Lobby Conference Room
Page 7
Yapp said that an informational memo about the regional trails is' enclosed in the agenda
packet. He gave brief updates on the Burlington Street to Napoleon Park portion of the Iowa
River Corridor Trail, the Iowa City Willow Creek Trail, the Iowa River Power Company Dam
reconstruction project, the Park Road to Taft Speedway Improvements, North Liberty Trail,
Coralville North Ridge Trail and the Johnson County Trails.
Yapp passed out a sheet with trail counts on the IRC trail that were taken near Hancher
Auditorium. He noted that without the trail, people would be using the street system for
transportation, and there was only one skateboarder counted riding on the trails.
Notice of three vacancies for RNAC:
Yapp said that applications for the three positions are due November 4. He reminded current
Commission members that they need to formally reapply for their position if they were
interested in remaining on the Commission.
Comment on ISTF:A ReauthoriTation:
Yapp noted a memo regarding the ISTEA Reauthorization in the agenda packet, and instructed
members to look over it.
Special Fvents Subcommittee Report:
Riley, Goetsch and Grimm passed out an outline with their ideas regarding special events to get
the City more interested in the dver. Wilson said there used to be a River Awareness Month.
Yapp said some of the proposed activities could be tied in with other organized groups, like the
Boy or Girl Scouts. Wilson said some of the activities could be a catalyst to get people back to
the river. Riley asked Commission members to review the subcommittee's work and they could
discuss any new ideas at the November meeting.
OTHFR BUSINI=SS:
Therewas none.
ADJOURNM!=NT:
The meeting was adjourned at 7:18 p.m.
Minutes submitted by Traci Howard.
ppdadmin~ins~mac1015.doc
RULES COMMITTEE MEETING
November 20, 1997
RULES COMMITTEE: Meeting of November 20, 1997, 11:00 a.m.
COMMITTEE MEMBERS PRESENT: Novick, Norton
STAFF MEMBERS PRESENT: Karr
Police Citizens' Review Board:
The Rules Committee unanimously recommends approval of the by-laws presented with
the changes noted below:
ARTICLE IV. OFFICERS:
Section 2. Election and Term of Office. Change first sentence to read "Officers of the
Board shall be elected by a majority of the members as soon as practicable after
formation of the Board,...."
ARTICLE V. BOARD MEETINGS:
Section 2. Quorum. Leave first sentence and delete next two sentences and move final
sentence to end of Section 4, Notice of Meetings.
Section 3. Place of Meetings. Change to read "All meetings shall be held in an
accessible City facility."
Section 4. Notice of Meetings. (Move last sentence from Section 2.) Add "Board
meetings shall be public except where provided in the Iowa Code." to end of existing
language.
Section 8. Exparte Contracts. Change "naming" to "name" and "sharing" to "share".
Section 9. Conflict of Interest. Change beginning to read "Members who believe .... :
Section 10. Voting. Change first sentence to read "A majority vote is required for
adoption of any motion, except for a motion to close a session as provided for in the Iowa
Code."
Rules Committee Minutes
November 20, 1997
Page 2
ARTICLE VH. PUBLIC RECORDS: EXCEPTIONS:
Section 1 (d). Change to read "Mediation matters are protected from disclosure by the
Iowa Code."
ARTICLE X. AMENDMENTS:
Change last sentence to read "Amendments shall become effective after approval by the
City Council."
OTHER BUSINESS:
Members of the Rules Committee recommended a change to all Board and Commission
'by-laws to address conflicts of interest as follows:
If there is a question of whether or not a conflict exists, the Committee's legal
counsel/City Attorney will decide. All questions should be referred to the Committee's
legal counsel/City Attorney. Decisions of the Committee's legal counsel/City Attorney
are binding. '~
MINUTES
IOWA CITY BOARD OF APPEALS
MONDAY, OCTOBER 6, 1997 - 4:30 P.M.
LOBBY CONFERENCE ROOM, IOWA CITY CIVIC CENTER
MEMBERS PRESENT:
Anna Buss, Robert Carlson, Wayne Maas, John Roffman,
Tom Werderitsch
MEMBERS ABSENT:
Gary Haman, John Staska
STAFF PRESENT:
Ron Boose, Roger Jensen, Gary Klinefelter, Dennis Mitchell,
Andy Rocca, Kathy Zuckweiler
OTI-~RS PRESENT:
Kelly Mitchell, Glenn Siders, Loren Southwick, Tom Vrban
RECOMMENDATIONS TO COUNCIl .:
Recommended approval, by a vote of 4-1, of a motion to retain the wording of the local amendment to
Section 904.2.8 of the Uniform Building Code which requires fire sprinklers in residential structures with
three or more levels of residential occupancy and to return to the wording of the national code which
requires fire sprinklers in residential structures containing sixteen or more dwelling units.
1. CAI J, TO ORDER
The meeting was called to order at 4:44 p.m. by Chairman Carlson.
2. APPROVAl. OF M/NUTES OF SEPTEMBER 15 AND SEPTEMBER 17. 1997 MEETINGS
Roffman moved to approved the minutes of the September 15, 1997 meeting as submitted. Werderitsch
seconded. The motion carried unanimously 5-0.
Carlson asked for verification of the telephone approval of the minutes of the September 17, 1997 meeting.
Maas moved to approve the minutes of the September 17, 1997 meeting as submitted. Roffman seconded.
The motion carried unanimously 5-0.
HEAR REQUEST FOR A VARIANCE FROM SECTION 14-5E-17F. 1 .f OF THE HOUSING
CODE FOR A STRUCTURE AT 328 FAIRCHII D
Boose indicated that this request arose out of a conflict between the Housing and Building Codes. The
Housing Code requires a fire escape from a third-story bedroom, but the Building Code does not require a
second exit from the third-story bedroom. Southwick began work to install a dormer and egress window
without a building permit and a stop work order was posted. When Southwick applied for a building
permit, he was notified that a fire escape was required under the Housing Code. Boose stated that the
Building Code allows a third story with a floor area of less than 500 square feet in a single-family dwelling
to have one exit, which the structure currently has.
Southwick distributed photos showing that the third-story bedroom window is located above the flat roof of
the garage. Werderitsch asked if the third-story room was a legal, habitable space that could be used as a
Iowa City Board of Appeals
October 6, 1997
page two
sleeping room. Southwick replied that the rental permit issued for the structure allowed use of the attic as a
bedroom. Carlson asked if the bedroom is the only room on the third story. Southwick replied that it is.
Werderitsch asked if Southwick was, then, appealing the need for a fire escape ladder from the third story to
the garage roof. Southwick said he was. Klinefeiter stated that the Housing Code requires a fire escape to
come within six feet, six inches of the ground. Klinefelter also said that he recognizes that this property is
perhaps a special case since the garage has a flat roof, and suggested that the letter of the code might require
a fire escape to the garage roof then a rail to the edge of the roof and another ladder down from the garage
to within six feet, six inches of the ground. Southwick stated that he was installing an egress window into
the third-story bedroom so that a person could jump onto the garage roof and then to the ground and
requested a variance from the Housing Code to excuse the' requirement for a fire escape and accept in its
stead an egress window that opened onto the garage roof. Boose pointed out that, in addition to an occupant
escaping in the event of a fire, part of the intent of an egress window is that fire fighters can access the
building, and in this case fire fighters cannot access the building with a straight ladder because of the
protruding garage roof.
Carlson read the criteria for a variance from the Housing Code. Maas moved to grant the variance since the
third-story bedroom egress window opens onto the garage roof and the installation of an egress window is
an improvement to the property. Carlson seconded. The motion earfled 4-1, with Werderitsch opposed.
HEAR A REQUEST FOR A MODIFICATION OF SECTION 1006.15 OF THE BUII ,DING
CODE FOR A STRUCTU'RE AT 1411 YEWEl,I, STREET
Carlson moved to defer this item until the November meeting since the applicant had not received proper
notification of the meeting and was not present to discuss the request. Werderitsch seconded. The motion
carried unanimously, 5-0.
6. OTHER BUSINESS
Carlson reordered the agenda to postpone discussion of Item 5, in hopes that Staska might arrive.
Maas expressed concern about possible uneven enforcement of the permissibility of powerstrips in
commercial buildings. Boose stated that powerstrips were usually identified during liquor license
inspections and that the enforcement was a policy question to be handled internally. Boose said he would
report back to the Board about the method of enforcement.
Buss asked if any progress had been made with Mike Hodge's project at 130 Jefferson Street. Carlson
stated that the deadline was October 17, 1997.
CONTINI~. DISCUSSION OF TI-IE 1,0CAL AMF. NDMENT TO SECTION 904.2.8 OF THE
UNIFORM BUll .DING CODE
Roffman asked if Boose had obtained any new information at the national convention. Boose replied that
he had not. Carlson asked for a recapitulation of the arguments.
Iowa City Board of Appeals
October 6, 1997
page three
Siders asked for a return to the national code requirements. He stated that the Home Builders Association
was unable to find any jurisdictions in Iowa and few in the United States that have amended this section of
the building code. Siders also reiterated his earlier argument that the City bears the burden of proof in
substantiating the need for this local amendment and the Home Builders Association does not believe a
compelling case has been made by the City.
Rocca stated that fire sprinklers are a life-safety issue as fire is the leading cause of death in the United
States. He cited the statistic from the video shown at the September 17 meeting that a combination of
smoke detectors and fire sprinklers offers a 90 percent chance of surviving a fire. Rocca also reminded the
Board of the higher percentage of multi-family dwellings and the lower per capita number of fire fighters in
Iowa City than in other communities in Iowa. Rocca said that the Fire Department's solutions are to keep
the local amendment and, in time, add staff and facilities.
Werderitsch asked Rocca if the local amendment would be so critical if the Fire Department had adequate
staffing levels. Rocca replied that he did not have enough information to answer the question, but did
indicate that the Fire Department would be undertaking a self-assessment in the near future to determine its
needs, the results of which would be presented to City Council.
Carlson noted that the local amendment changed both the number of levels of residential occupancy and
number of units that prompt the need for fire sprinklers. Roffman suggested streamlining Iowa City's
regulations with other local regulations so that Iowa City could be competitive in Johnson County.
Boose stated that he needed a recommendation from the Board to take to Council. Carlson said that the
same arguments were made at the current meeting as at previous meetings on this issue. Carlson stated that
the Board was aware of the added cost for projects required to install fire sprinklers under the amendment,
and of the staffing levels of the Fire Department. Carlson also noted the Board's awareness of the local
practice of altering grade to create a building that is two stories with a basement instead of the three stories
needed to require fire sprinklers under the national code.
Roffman moved to repeal the local amendment and return to the national code. Maas seconded.
Werderitsch offered a friendly amendment to Roffman's motion to retain the local requirement for
sprinklers in structures with three or more levels of residential occupancy. Roffman accepted the
amendment and restated his motion to retain the requirement for fire sprinklers in structures with three or
more levels of residential occupancy and return to the national code requirement for structures with sixteen
or more dwelling units. Maas restated his second. The motion carried 4-1, with Carlson opposed.
7. ADJOURNMENT
Roffman moved for adjournment at 6:30 p.m. Buss seconded the motion. The motion was unanimously
approved and the meeting adjourned.
Iowa City Board of Appeals
October 6, 1997
page four
Minutes submitted by Kathy Zuckweiler.
Approved:
Robert Carlson, Board Chair
Date
CITY OF I0 WA CITY
MEMORANDUM
To~
From:
Date:
Re:
City Council Members
Board of Appeals
November 24, 1997
Fire and Building Code Amendment
At its September 15 and October 6, 1997 meetings, the Board of Appeals reviewed the local amendment to the
Uniform Building Code regarding the required installation of residential fire sprinklers in multi-family dwellings
with three or more floors of residential occupancy or containing nine or more dwelling units. This local amendment
was one item identified by the Home Builders Association, at the request of Council, that contributes to the cost of
construction in Iowa City (national code requires fire sprinklers in multi-family dwellings three or more stories in
height or containing sixteen or more dwelling units). The Board recommends retaining the local amendment
requiring fire sprinklers in residential structures with three or more levels of residential occupancy and returning to
the national code requirement for fire sprinklers in structures containing sixteen or more dwelling units.
During the presentation by the Fire Department, the Board learned that the rationale behind the local amendment was
based on factors including the number of multi-unit buildings in Iowa City, an OSHA ruling regarding interior
structural firefighting, response times for first- and second-arriving fire apparatus, current staffing levels and the
number of fire fighters per capita in Iowa City.
The Board recommends a review of the Fire Department's capability to respond and extinguish a structure fire.
Robert Carlson, Board of Appeals Chair