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Home My WebLink About2004-03-16 Bd Comm minutesIowa Historic Preservation Commission APPROVED 2004 Work Plan The Iowa City Historic Preservation Commission held its annual planning session Saturday, December 13, 2003, at 12:00 p.m. in the lobby conference room at410 E. Washington Street, at which time it discussed and prioritized its activities and projects for the 2004 calendar year. The following members were present: Richard Carlson, Jim Enloe, Michael Gunn, Michael Maharry, Mark McCallum, Jim Ponte, Amy Smothers, and Tim Weitzel. Helen Burford, Executive Director of Friends of Historic Preservation was also present. 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. Prelects for 2004 The Commission plans to continue with the nomination of historic and conservation districts in the Northside neighborhood and downtown. The Commission has also identified the need to step-up their efforts in the areas of public awareness and education, and to explore establishing financial incentives for historic preservation, particularly to address financial hardship. Working with staff, the Commission plans to propose adding an economic hardship ordinance and other changes to the Unified Development Code that address historic preservation. Also identified was the desire for more collaboration with Friends of Historic Preservation. Requlations and Prof:lrams Schedule Subcommittee Historic Preservation Ordinance Staff is undertaking the rewriting of the Unified Development Code. The Staff Commission will continue to work with staff on the portions of the ordinance related to historic preservation and archeology. Economic Hardship and Demolition-by-Neglect The Commission will explore and consider adding an economic hardship and demolition-by-neglect ordinance to the Unified Development Code. The economic hardship ordinance would be intended to allow relief from the historic preservation regulations for owner-occupied homes where financial hardship is proven. The demolition-by-neglect ordinance is intended to prevent the purposeful and severe neglect of historic landmarks and contributing properties in historic and conservation districts. Financial Incentives The Commission will consider and explore establishing and using financial incentives for historic preservation. Potential financial incentives programs are: · Promote use of existing funding programs such as TARP and State of Iowa Historical Property Tax Exemption Program. · Establish urban revitalization area for the purpose of rehabilitating historic properties. · Partner with private organizations, such as Friends of Historic Preservation and local banks, to establish a grant program. · Establish a modest revolving loan fund for historic preservation. District and Landmark Desiqnation Downtown Historic District (National Register and local) Date Subcommittee The Survey and Evaluation of the Central Business District was completed in 2001 and the Commission intends to proceed with the nomination of a local historic district as recommended in the evaluation. ConcurrentLy, a self- supporting municipal improvement district (SSMID) is being formed in downtown. The Commission plans to work with the property and business owners that support the SSMID to designate a downtown historic district. The Commission decided to proceed with writing design guidelines and provide examples of facade designs that would be appropriate to a historic district. The Commission may apply again for a CLG grant to prepare the NRHP nomination for this district. Northside Historic Districts (National Register and local) Date Subcommittee Marlys Svendsen is currently preparing the National Register of Historic Places Proceed w/ nomination for the Jefferson Street, Gilbert-Linn Street and Ronalds Street local Historic Districts. These nordinations should be reviewed by the State in June designation in 2004. If there is adequate public support, the Commission intends to proceed May or June with the local designation of these districts. Goosetown Conservation District Date Subcommittee The Historic Preservation Commission has received a petition from residents in Neighborhood the Goosetown neighborhood requesting the designation of the neighborhood as meetings and a historic or conservation district. Architectural historian Marlys Svendsen preliminary previously determined that there is not sufficient integrity in this area for it to be report in eligible for nomination to the NRHP. The Commission plans to proceed with February neighborhood meetings to determine if there is sufficient public support to rezone this area to Conservation District Overlay Zone. Education/Public Awareness Brochure/Website Date Subcommittee The Commission has been working on preparing brochures on historic Iowa City Mock-up by Shannon properties and neighborhoods. The Commission has determined that they do May Hiemann, not have the resources or expertise to prepare this publication in-house with staff Helen Burford assistance. The Commission has identified two volunteers to assist with the graphic design and copy writing for the brochure. Notification Letters Date Subcommittee The Commission plans to continue their efforts to notify contractors, property Ongoing Mark McCallum owners, and realtors of the location of historic and conservation districts, and the applicable regulations. Historic Preservation Week Celebration Date Subcommittee Friends of Historic Preservation and the Historic Preservation Commission will May Staff, Friends, host their 21st Historic Preservation Recognition. Local historic property owners Smothers and contractors who have completed historically sensitive painting, rehabilitating and maintenance will be recognized. The Commission and Friends are also planning to potentially expand the Historic Preservation Week festivities. On.qoin.q Issuse University Relations Work with the University of Iowa as necessary regarding preservation issues in Iowa City. Provide educational and technical expertise to the University. Landmark Identification and Designation Designate all National Register Properties that are not Iowa City Landmarks for local landmark status. Identify additional properties that are historically significant. MINUTES FINAL/APPROVE~ SENIOR CENTER COMMISSION TUESDAY, JAN. 20, 2004 I 3bl2t MEMBERS PRESENT: Lori Benz, Jo Hensch, Jay Honohan, Betty Kelly, Sarah Maiers, and Charity Rowley. MEMBERS ABSENT: Nancy Wombacher. STAFF PRESENT: Michelle Buhman, Linda Kopping, and Susan Rogusky. GUESTS: Sue Dulek, Mike O'Donnell, and Charlotte Walker CALL TO ORDER MINUTES Motion: To approve the December minutes as distributed. Kelly/Maiers Motion carried on a vote of 6-0. PUBLIC DISCUSSION Walker asked if there were plans for a Commission goal setting session this year. Kopping responded that at this time there were no plans for a goal setting session. Walker requested that in addition to the agenda, all commission handouts be made available to the public at the time of the Commission meeting. THE APPOINTMENT TO THE SENIOR CENTER COMMISSION AT LARGE POSITION- Dulek At the November 17, 2003 meeting Commissioners voted by secret ballot when selecting the candidate for the at-large appointment. Dulek explained that when voting for the At-Large Commission appointment the voting record needs to be open and part of the public record. Motion: Amendment to the November 17, 2003 minutes of the following vote: Candidate Voting Record Sarah Maiers Honohan, Benz, and Rowley (3) Irene Bowers Monsanto, Schoenfelder (2) Eve Casserly Kelly (1) Motion carried on a vote of 6-0. Honohan/Rowley MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, JAN. 20, 2004 Dulek also reported that the minutes from the November 17, 2003 meeting needed to reflect that no discussion about the At-Large Commission applicants took place during the brief executive session that took place during that meeting. Motion: Amendment to the minutes from the November 17, 2003 Senior Center Commission meeting notes no discussion of the At-Large Commission applicants during the executive session. Motion carried on a vote of 6-0. Honohan/Rowley REVISION OF FAMILY MEMBERSHIP POLICY- KOPPING Kopping distributed a draft policy revision to Section B-3 and section B-5 of the Open Participation, Membership Benefits and Fees Policy for the Senior Center (Attached). The change in the policy would allow people under 50 years of age to become a member of the Senior Center if they have a family member 50 years or older who is a current paid member of the Center. Consideration of this policy change was precipitated by a request from an active member who wanted his wife (who is less than 50 years of age) to become a registered member. Motion: To adopt the revisions to section B-3 and Section B-5 of the Open Participation, Membership Benefits and Fees Policy as distributed. Motion carried on a vote of 6-0. Rowley/Maiers REVIEW AND DISCUSSION OF FY04 OPERATIONAL BUDGET STATUS- Kopping Kopping reviewed how the membership fee amounts were established and distributed a chart outlining the revenue generated from membership fees during the fist six months of FY04. The chart shows that the current operational budget shortfall is approximately $34,500. Kopping indicated that the Commission needed to revisit and possibly modify current plans for generating operational revenue and develop a plan for promoting participation and membership. Commissioners agreed that a long term marketing plan is essential and long over due. Kelly cautioned that the marketing plan should be one that will not generate expenses and add to the current shortfall. Honohan proposed that a committee be formed to develop strategies for promoting membership at the Center. Benz, Hensch and Honohan agreed to serve on the Marketing Strategies Committee. Kopping distributed a preliminary estimate of nutrition program operational costs that are funded through the Center's operational budget. She noted that while the utilities are a planned, operational expense, kitchen repairs and maintenance expenses are not budgeted items. In FY03 repair and maintenance expenses for the kitchen cost approximately $8,614. In the first six months of FY04 $2,162 has been spent. It is anticipated that additional repair and maintenance expenses for the nutrition program in FY04 will be between $6,908 to $8,815. In addition to the cost of maintaining and replacing the kitchen facility and fixtures, utility costs associated with the operation of the nutrition program are significant. Preliminary estimates show annual utility costs for gas and electric are around $11,114.00 MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, JAN. 20, 2004 Parking expenses for the nutrition program that are paid for by the Center were also discussed. Rowley suggested that the Senior Center Commission and staff re-evaluate the current lease agreement with the Elder Services. Pending further investigation, it might be appropriate to ask Elder Services to provide funding to support the program's operational costs. A breakdown showing the number of meals and areas served by the nutrition program was distributed. It was noted that Pathways, Autumn Park and Emerson Point were receiving meals prepared in the dining program and Commission members questioned whether or not these were for profit or not for profit agencies. Regardless, Commissioners questioned whether the Senior Center should be subsidizing these programs in the face of the current budget shortfall Walker suggested that the Commission look at the funding streams for the Witwer Center in Cedar Rapids and compare it to the funding received at the Iowa City Senior Center. Kopping was asked to invite Connie Benton-Wolfe, Director of Elder Services, Inc., and the nutrition program Director, Diane Flemming to the next Commission meeting to discuss these issues. DISCUSSION OF PARTICIPATION IN THE COMMUNITY FOUNDATION OF JOHNSON COUNYY- HONOHAN Honohan reported that he has been asked if the Center establishes a fund in the Community Foundation, will it be able to withdraw money from the fund and if so, how it would work. Honohan reported that he had talked with Michael L. Stoffregen, Executive Director of the Community Foundation of Johnson County, and Stoffregen reported that the fund could be set-up in one of two ways: 1. It is only possible to withdrawal the income generated by the investment. Or, 2. The investment money can be withdrawn, but only in the event of emergency. Honohan reviewed and discussed questions from a memo written by Rowley as well as his written responses to these questions. Copies of both memos were distributed to the Commission. (Attached) The various ways the money generated from the foundation would be managed also was discussed. Honohan reminded Commissioners that if the Center contributed $25,000 to the Community Foundation, the Foundation has indicated that it will match $3,000 of the Center's investment. Kopping reported talking with City of Iowa City Finance Director, Kevin O'Malley, about alternative ways to invest gift fund money in order to generate additional revenue for the operation of the Senior Center. She will provide additional information related to this at the February meeting. MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, JAN. 20, 2004 SENIOR CENTER UPDATE Operations--Kopping No report. Programs- Seal An attendance list from the fall programming was distributed. Rowley commented that the Spring Program Guide has a wonderful selection of classes and activities and that the design is an improvement from the Fall Program Guide. Volunteers- Rogusky Rogusky distributed a copy of the total number of volunteers and volunteer hours worked in 2003. Rogusky reported that Richard Tiegs have volunteered to direct the Voices of Experience. Benz suggested that the Senior Center contact the local newspapers to run an article about Tiegs. A new activity group calling themselves the Red Hat Divas has been formed with around twenty-five members. Benz suggested that a similar group targeting male participants be created. Rogusky also reported that the Model Railroad Club has quickly grown to twenty members and is looking for space in the Senior Center to build and display a Model Railroad display. Rogusky reported that the City Television Group (CTG) has agreed to fund the salaried of the temporary Senior Center Television (SCTV) staff out of passthrough funds in FY05. The CTG will consider continuing funding for SCTV in future years. Membership and Fundraising-Buhman Buhman repoded that as of January20, 2004, 725 people have registered as Senior Center members, seventy-one (71) members have purchased membership at the discounted rate. Donations in the amount of $5,019.50 have been collected for the Operational Budget. Copies of this report are available at the Secretary's desk. ELECTION OF OFFICERS FOR 2004 The slate of nominated officers was reviewed without additional nominations from the floor. Motion to elect officers as proposed by nomination committee, Motion passed on a vote of 6-0. Hensch/Maiers The following officers were elected: Honohan as Chair, Kelly as Vice-Chair, and Rowley as Secretary. COMMISSION DISCUSSION Hensch noted that the exercise equipment is always very clean well maintained. Honohan reported that he went to the both the City Council and Board of Supervisors meeting last month and gave a brief report on the progress of the membership drive and projects the commission will be working on during 2004. Honohan volunteered will write the Post article for this meeting. Rowley volunteered to write the Post article for the February 17, 2004 meeting. MINUTES FINAL/APPROVED SENIOR CENTER COMMISSION TUESDAY, JAN. 20, 2004 Honohan and Kopping will attend the budget meeting with the Iowa City Council next week. Motion to adjourn. Motion carried on a vote of 5-0 Kelly/Hensch. MINUTES Approved IOWA CITY PUBLIC ART ADVISORY COMMITTEE THURSDAY, FEBRUARY 5, 2004 -3:30 P.M. LOBBY CONFERENCE CENTER Members Presents: Barbara Camillo, Chuck Felling, Rick Fosse, Mark Seabold, Terry Tmeblood, Emily Carter Walsh Members Absent: James Hemsley Staff Present: Marcia Klingaman, Karin Franklin CALL TO ORDER Chairperson Felling called the meeting to order at 3:30 P.M. ELECTION OF OFFICERS Chairperson Felling asked the members if anyone was interested in holding the Chair position. Walsh asked if they could reelect Felling, and he agreed. MOTION: Fosse and Trueblood seconded to reelect Chairperson Felling. All in favor; motion passed. Next, Chairperson Felling stated a Vice-Chair would be needed. Seabold stated he would volunteer for the position. MOTION: Fosse moved, and Camillo seconded to elect Seabold as Vice-Chair. All in favor; motion passed. Tmeblood explained to the members that staff members, such as he and Fosse, are not able to serve in those positions as the City does not want to put staff in the position of going to City Council and asking for budgetary issues or public issues, due to possible conflicts in their jobs. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA None. CONSIDERATION OF THE MINUTES OF THE JANUARY 8, 2004, MEETING Felling stated the minutes looked good. No one had any corrections or additions. MOTION: Fosse moved to accept the minutes; Seabold seconded the motion. All in favor; motion passed. Public Art Advisory Committee Minutes February 5, 2004 Page 2 DISCUSSION OF PLANS FOR FY05 PUBLIC ARTS PROJECT(S) Members discussed the Goosetown Neighborhood Art project as Karin brought in the first prototype street marker. They discussed the potential for using aluminum-type signs for several minutes. Bronze versus aluminum was also talked about. Discussion turned to the hanging of these signs on existing street sign poles, and what has been tested so far. Chairperson Felling turned the discussion to FY05 public art projects. Franklin suggested they look at the top three projects, and then they could discuss cost and such, and could then bring further information to the next meeting. Fosse said he had narrowed the list down to two handrails on Burlington Street Bridge, and the interactive sculpture at Miller Orchard Park on Benton Street. Trueblood explained the Benton Street park project and the work that has gone in to planning this area, with the input of the neighborhood. This three and a half acre park is very hilly and rolling, with a small shelter, and some open areas. He answered questions of the members regarding fencing and the entrance to the park. Camillo asked how many projects would the Committee be able to finance this year. Franklin stated it might only be one project, and that's why they need to pick the top three projects, and then they can do cost estimates to see where they stand. Camillo stated that the entryways into the City should be addressed so as to bring better attention to the City. The visibility of various projects was discussed, and well as the various entryways into the City (Melrose, Dubuque, Highway 6, Highway 1, Riverside, and Dodge Street, once it gets updated in FY06/07). Seabold wants to avoid projects that haven't really come together yet due to whatever circumstances, i.e., lack of space, or items requiring extensive planning. Seabold said he very much favors the Benton Street park project, and Trueblood agreed, stating that the neighborhood wants to call it Benton Hill Park officially. He said he also likes the entryway projects, and thirdly, the new pedestrian bridge on the Iowa City side. This led to a discussion of what Coralville is planning for the other side of the bridge. Fosse gave specifics on the bridge project itself, with members discussing what types of enhancements they could provide. Discussion then turned to a possible dog park, and the location of several well houses in the area. Franklin listed the following items as those identified by the Committee for art additions: handrails, installation near the IRP pedestrian bridge, Benton Hill Park, possibility of reuse of tubular sculpture that was a downtown fountain, and the entryways. She asked the members if they had any additions. Felling stated that the area by the Iowa River Corridor Trail, south of Highway 6, could use some work. Each of the identified projects was then discussed further in trying to pin down which projects they will investigate and get cost estimates for, and which projects they will put on hold for now. The art additions to entryways was discussed in detail, as to whether this would be one large Public Art Advisory Committee Minutes February 5, 2004 Page 2 project, or several smaller projects. This led to discussion of checking with the University's art department and seeing what could be done in conjunction with them, especially the sculpture program. Discussion turned to using something other than sculptures in these additions. The idea of a "symbol" for Iowa City was discussed also. Members also talked about using signage in conjunction with these projects. Several shared what they have seen in other communities that really stood out and made a good impression. It was decided to come back to the next session with ideas from everyone on how they would like to see the entryways handled. Discussion turned back to the Benton Hill Park project, and how much is being budgeted for the entryway there. Seabold asked for further clarification on how this is being handled - i.e., how much is Public Art Advisory and how much is budgeted into the project. It was decided that the committee members and staff would do some additional research regarding design ideas and cost estimates for sculpture at the end of the Iowa River Power pedestrian bridge, Benton Hill Park entry, and entryways to Iowa City and will discuss further at the March meeting. UPDATES Herky on Parade - about 120 artist proposals have been received and sponsors are in the process of selecting from these proposals or working with their own artists; Neighborhood Art Projects - The status of the Goosetown project was discussed; Felling discussed the Longfellow area's most recent meeting and what is happening there; Iowa Sculptors Showcase not much to update; Council has approved it; and there is an installation date of March 1 st set; and Poetry in Public - 36 poems received from grade school children; 37 poems from high school and adult; 24 were selected as the top entrants and will be in kiosks and on buses. COMMITTEE TIME/OTHER BUSINESS None. ADJOURNMENT Chairperson Felling asked for a motion to adjourn. MOTION: Walsch moved to adjourn; Fosse seconded the motion. All in favor; motion passed. The meeting was adjourned at 4:45 P.M. MINUTES IOWA CITY BOARD OF APPEALS MONDAY, FEBRUARY 9, 2004, EMMA HARVAT HALL IOWA CITY CITY HALL, 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Steve Buckman, Wayne Maas, Gary Haman, Doug DuCharme, Tim Fehr, Anna Buss MEMBERS ABSENT: none STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Roger Jensen (Fire Marshall), Sue Dulek (Asst. City Attorney), Pat Hansen (Electrical Inspector), Bernie Osvald (Plumbing Inspector), Julie Tallman (Development Regulation Specialist), Doug Boothroy (Director - Housing and Inspection Services), Norm Cate (Senior Housing Inspector), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: Janice Baumbach (Alpha Xi Delta), Ana Ford (Delta Gamma), Dan Wilkes (Acacia), Don Crum (Sigma Phi Epsilon), Dotti Maher, Nyle Jessen, Elsie Fourtner (Alpha Chi Omega), Eisa Fedderden (Delta Zeta), Erik Greene (Phi Kappa Theta), Tim Lehman (Alpha Tau Omega), Mike Walters (A-1 Propane), William Brown (Falcon Waterfree Urinals), Martha Norbeck (Neumann Monson Architects), Chris Hayes (Auto Trim of Iowa City), Pat Moore (Advanced Electrical Services), Joan Teimeyer (Home Builders Association of Iowa City), Dave Homewood (Homewood Electric) Chris Anderson (Anderson Electric), Dean Smith (Freeman Lock & Alarm), Doug Fisher (Fisher Underground), David Wright (Crown Electric) RECOMMENDATIONS TO COUNCIL: None CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:07 P.M. ELECTION OF OFFICERS: Roffman asked for motions to elect new officers for the year. MOTION: Haman moved that John Roffman be re-elected as Chairman. Maas seconded. Motion passed unopposed. MOTION: Haman moved that Wayne Maas continue as Vice-Chairperson. Roffman seconded. Motion passed unopposed. CONSIDERATION OF MINUTES: Minutes from the November 3, 2003 meeting were discussed. MOTION: Maas moved to accept the minutes. Haman seconded. Motion passed unopposed. Appeal the decision of the Buildin.q Code Official because: Any material, alternate desi.qn or method of construction not specifically prescribed by this code is appropriate. (Falcon Water Free Urinal System) Hennes explained that the appeal was for the approval of a waterless urinal as an alternate material. Currently, the 2000 Uniform Plumbing Code does not allow their use. Martha Norbeck, Neumann Monson Architects, initiated the presentation. She explained that her company is designing schools for the Iowa City School District and they are investigating the use of waterless urinals in schools. The lC School District is very interested in energy resource management and it is estimated the use of waterless urinals in a school situation could save up to 120,000 gallons of water each year. She explained that Neumann Monson is very satisfied with the quality and functioning of the product and asked William Brown from the EcoPlumb, the company selling the Falcon Water Free Urinal System, to speak to the technical questions the Board might have. Mr. Brown presented several studies, articles and letters from experts in the field stating that the water free urinal is actually more sanitary than a normal flush urinal because there is less bacteria and it eliminates sources of contamination. He had an actual urinal to show with a "see thru" trap to demonstrate how the urinal worked. The urinal is made of vitreous china and the trap is full of a blue liquid sealant that the urine passes through (being heavier than the sealant). This traps odor and bacteria. There is also a baffle in the cartridge that traps uric acids which protect the pipes from corrosion and calcification. Fehr asked how often the sealant cartridge had to be changed. Brown replied approximately every 7,000 uses which in the schools would translate to about twice a year. Haman asked how a person would know that the cartridge needed to be changed. Brown said that a maintenance person would know because the urine would drain slower than normal; he said that, in the future, a test button will be included that will pop up when the cartridge is ready for maintenance. Roffman asked if other municipalities in Iowa had approved this system. Brown stated that Cresco, Humboldt and Dubuque have these units installed. He said also the cities of Seattle, WA and Pasadena, CA, as well the states of Arizona and Michigan had approved the systems. Also all federal facilities are approved for use of this system. Brown stressed that the waterless system supports water conservation and actually requires less maintenance than a regular urinal. Norbeck emphasized that Neumann Monson would only support this system for those facilities with a regular maintenance schedule like the Iowa City Schools. Haman expressed concern that if the Board approved the system for use in schools then that would open up the use of the system in areas that would not be as appropriate. DuCharme asked which school would this system be installed in. Norbeck replied that it was the North Corridor elementary school in North Liberty. DuCharme wondered what building in Iowa City would be using the system since the Board could only approve its use in Iowa City. Dulek asked for clarification since if the pending matter was not for a building in Iowa City, then there is no appeal. Norbeck stated that they wanted to install pilot systems in buildings in Iowa City - the Iowa City Schools Maintenance Facility and at 111 College Street where Neumann Monson is located. Haman asked how long the product had been sold. Brown stated that this particular system has been sold for 3 years. Brown read a long list of facilities that have installed this particular system: Miami Convention Center, ©lympic Stadium, Penn State University, Michigan State University, University of North Carolina, San Diego Zoo, San Diego Public Utilities and more. Buckman asked for clarification on exactly what the Board would be approving. Would they be giving a blanket approval for use in Iowa City or would it be site specific and the Board would review it for each site. Dulek stated the motion should be site specific to the lC Schools Maintenance Facility and to the Neumann Monson building as an alternate method according to the prescribed criteria. Dulek said that in future cases, City Staff may administratively approve the alternate method if they felt the Board would approve it without going through the whole appeal procedure but that the current appeal is not a proposed amendment to the code. Roffman asked for a motion. MOTION: Buckman moved to allow the waterless urinal system as an alternative material and method for two locations, 111 College Street, Neumann Monson and the Iowa City School District Maintenance Facility, since the proposed design is satisfactory and complies with the intent of the provisions of the code, and because the material or method is the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability, safety and sanitation. Buss seconded. DISCUSSION: DuCharme stated that he would like to see a time limit in which some sort of report would come back to the Board both from the lC School District and City staff about the pilot facilities so they could have evaluation criteria in the future if other sites are presented to the Board. Haman agreed. VOTE: Motion passed unopposed. Appeal the decision of the Building Official because: There are practical difficulties involved in carryinq out the provisions of the code. (620 S. Riverside Drive) Hennes explained that when the applicant had established his auto detailing business at 620 S. Riverside, it was a change of use. Because it was a change of use, an accessible route (sidewalk) from the public sidewalk to the entrance of the building was required. He introduced Chris Hayes, the owner of the business, to explain why he thought there were practical difficulties in installing the sidewalk. Hayes explained that S. Riverside Drive is not used by pedestrians very much and when people, disabled or not, come to his place of business, they arrive by automobile so there is no need for an accessible route from the public sidewalk to his entrance. He said the sidewalk from Riverside Drive to his entrance would be about 100 feet of sidewalk and, although it is probably a doable thing, the expense -$3,000-$5,000 - would be prohibitive. Hermes reiterated that the accessible route is a code requirement; it not something that is required only when it is thought it is necessary. DuCharme asked what the practical difficulties are. Hayes said that right now, the driveway could be used as a route to the entrance. There just isn't a separate delineated sidewalk. Buss asked just where the sidewalk would go. Hennes said that it was necessary for a pedestrian route separate from the driveway be installed. He said there was plenty of space to the south of the driveway where a sidewalk could be placed. If the driveway is used, some sort of barrier - like a railing- would be required to separate the pedestrian route from the vehicular route. If a separate sidewalk is installed, the grade of the land is such that no railing would be required. Roffman asked Hayes just what he was appealing since the Board had limited criteria such as "practical difficulties" to grant the appeal. What were his practical difficulties? Hayes said that if the railing is not required, then maybe it could be done; but he felt that since he does not get disabled persons using the public sidewalk to get to his store that he should not have to install the sidewalk. Roffman stated that that was not a criteria the Board could use. Buss asked how much foot traffic his business got. Hayes replied not much at all and as far as he was concerned, that was the impractical part of it. MOTION: Haman moved to deny the appeal because the practical difficulties were not proved. DISCUSSION: Roffman explained that the Board had to prove certain criteria in order to approve an appeal. Hayes said that his reason for the appeal is that the strict letter of code is impractical. Roffman reiterated that Hayes had to demonstrate why it was impractical. Buss said it would be because there is no foot traffic. VOTE: The motion to deny the appeal was passed 6-1 with Buss voting in the negative. Discussion and possible recommendation to Council for the adoption of the updated codes as follows: 2003 International Building Code (IBC) 2003 International Residential Code (IRC) 2003 International Fire Code (IFC) 2003 International Mechanical Code (IMC) 2003 International Fuel Gas Code (IFGC) 2002 National Electrical Code (NEC) 2003 Uniform Plumbing Code (UPC) Roffman stated that since there were a large number of people present to speak to Fire Code issues (ie; the proposed code amendment that would require the retrofitting of sprinklers in fraternities and sororities), that code would be discussed first and opened the public forum. Don Crum, Sigma Phi Epsilon, referred to a movie depicting the death of a student at a fraternity in Missouri that was presented at a previous meeting. He had questions as to the exact circumstances of that fire such as the inspection process that fraternity went through and what safety measures were required by the local jurisdiction. He wondered what the comparison would be to all fires nationwide between fraternities/sororities and apartments and rooming houses. He explained the fire prevention measures that Sigma Phi Epsilon had already installed at the house: smoke and heat detectors, fire extinguishers, new fire rated doors with electronic auto closures, fire alarms with horns, fire exits and emergency exits. He expressed concern about the malfunctioning of sprinklers. He stated that there have been two separate malfunctions at his place of business, Coldwell Banker, that have resulted in thousands of dollars of damage. He felt that fraternities and sororities should not be singled out from other multi- family dwellings. Dan Wilkes, Acacia Fraternity, listed the safety devices in the Acacia building and said that they exceed anything required in an apartment building. He stated that the last three major residential fires in Iowa City were in apartment buildings, not fraternities or sororities. Wilkes also expressed the opinion that if fire safety was the relevant issue then the requirement should be extended to all multi-family buildings. Dotty Maher, Alpha Chi Omega, said that this proposed requirement is selective and discriminatory since it singles out fraternities and sororities. The proposed amendment should apply to all multi-family dwellings. Maher said that her research showed that the rate of fires is not different between sororities/ fraternities and other multi-family dwellings. She did not feel that the fraternity/sorority population is a vulnerable population; they are young healthy people who do not need special protection. She thought that there are less restrictive alternatives that could be considered if the Board felt that fire protection should be expanded. She suggested requiring more fire extinguishers, smoke and heat detectors, fire drills, and more frequent inspections without notice and charge for the inspections. Maher said that the fraternity/sorority community would be willing to work with the City in improving fire safety especially if it included all multi-family buildings. Fire sprinkler systems are very expensive, not only the initial installation but also continuing maintenance, and requiring sprinklers would be an undue burden placed upon them. Fehr asked Jensen if he had any information from other campuses who had required sprinkling about malfunctioning or tampering problems. Jensen said the odds for a malfunction in a properly installed system were about one in six million and the University had had no problems in their dormitories. Tim Lehman, Alpha Tau Omega, stated he agreed with all statements made by previous speakers. He also listed the improvements his fraternity had made to their newly purchased house to improve safety. He elaborated more on the two malfunctions that occurred at Coldwell Banker. After the first malfunction, they installed an additional $14,000 of equipment to make sure the sprinklers did not malfunction again. The sprinklers did malfunction again, two weeks after an inspection, so Lehman stated that he was not convinced that sprinklers were a good thing. He has seen more water damage done by the systems than prevented fire damage. Janice Baumbach, Alpha Xi Delta, stated she agreed completely with all previous speakers. She felt that the thousands of dollars her house had spent on fire prevention were adequate and there was no way her sorority could come up with money to install a sprinkler system. Roffman asked if there were other amendments to the fire code that should discussed. Jensen pointed out one other change that would require addressable fire alarms whenever the code required a fire alarm. Jensen pointed out the benefits of addressable systems. Maas mentioned that these systems were more expensive for the property owner. Discussion occurred as to what that cost would be. Dean Smith, Freeman Lock & Alarm, provided information on what addressable systems would require, how much they would cost, and what the advantages were. The big advantage to fire fighters is that the systems tell fire fighters exactly where in the building the fire is located; this becomes especially critical in mixed commercial and residential buildings. Buss asked who reviews the design plans for fire alarm systems. Jensen responded that was himself and he also did the final inspections for the systems and that he had training to do so. Buss commented that there should be more than one person who is qualified to review sprinkler and alarm plans. Discussion occurred on how "knox boxes" function and who has access to the keys. Fehr commented on the language in 907.9 to make sure there would be no confusion on where control valves for sprinkling systems were required to be placed. Going back to the sprinkling issue in fraternities and sororities, Buss expressed concerns that eventually this requirement would end up extending to all other apartment buildings because she did not see how fraternities and sororities could be singled out. Jensen stated that there was evidence and documentation that demonstrated fraternities and sororities were at higher risk both for fire frequency and loss of life than other types of student housing. He said he would make that information available to anyone who requested it. Buss stated that perhaps frequencies of fires in fraternities and sororities are higher in other jurisdictions because they don't have the quality of inspection services that exist in Iowa City. Roffman stated that the Board was not prepared yet to make a recommendation to Council on the fire code and that he would like to move on to a discussion of the other codes. Hennes gave an overview of the major changes that were proposed to the Electrical Code. He said there were three basic issues: the requirement of arc fault breakers on bedroom outlets, the bubble cover requirement for outdoor receptacles and the reduction of the wet zone for GFCI protected fixtures. Hansen said they tried to reduce the number of amendments to the National Code. Hansen explained the requirement for arc fault breakers is exactly as is it written in the 2002 National Electrical Code - the City was not proposing any amendments to lessen that requirement as they did for the 1999 NEC. When the requirement was written into the 1999 NEC, there were no manufacturers for arc fault breakers so staff did not feel comfortable requiring them at that time. Now there are manufacturers and staff sees no compelling reason to include an amendment that would exclude Iowa City from that requirement in the 2002 NEC. Hansen stated the 2002 NEC requires absolutely that any exterior receptacles have a bubble cover. Hansen said the problem with bubble covers is that they break off leaving the receptacle without any protection. He explained that the proposed amendment to the NEC would require the bubble cover for any exterior GFCI receptacle or for any non GFCI receptacle that was used "unattended" - that is a receptacle that would have something plugged into on a long term basis like an outdoor fountain. An "attended" non GFCI receptacle would not require a bubble cover - that is a receptacle intended for general outdoor convenience use in which something like a drill or saw or other appliance would be plugged in and used by a person in attendance. Hansen explained the reduction of the "wet zone" in which bath fixtures (lights & fans) are required to be protected by a GFCI. The electrical code just states that if the fixture is in a wet location, the GFCI is required. Iowa City has always defined that wet area in a local amendment. The currently adopted amendment defined the zone as any area within 3 feet horizontally and 8 feet vertically from the tub or shower. The proposed amendment reduces that zone to one foot horizontally because of "nuisance" breaker tripping caused by bath fans. Reducing the zone should eliminate the nuisance tripping. Roffman asked why 80.27 which deals with inspector's qualifications was deleted. Hansen explained that Iowa City does not have a separate electrical inspection department. If 80.27 was left in place, then no one else in the building department would be able to do electrical inspections. Hansen explained that he had to meet the qualification requirements of 80.27 anyway since Iowa City requires it. Hennes wanted to point out to the Board that the arc fault breakers will add additional cost to the wiring cost of a dwelling. Hansen said the breaker will cost about $40.00 to $50.00. Bernie Osvald gave a brief overview of changes to the plumbing code. He stated that the changes in the amendments were minor and that the Iowa City code basically mirrors the state code. He said that mostly the changes amounted to correcting inconsistencies with section numbers and correcting the format of the plumbing fixture chart requirements. He said the biggest actual change in the 2003 UPC is the requirement for all public sinks to have scald guard faucets. Haman added that if a control device is used on the water heater to control the temperature of the water then each faucet does not have to have an individual scald device. Hennes addressed the changes to the 2003 IBC and IRC and to the amendments. Hennes said that the footing table from the 2000 code would be retained since the 2003 code allows a 12" footing and staff felt that was just too narrow to allow without soil tests or other engineering. The table from the 2000 code would retain the 16" footing. He said that the building code also addresses the issue of sprinkler retrofitting in fraternities and sororities so whatever is decided for the fire code needs to be the same in the building code. The proposed amendment for the IRC would eliminate unvented gas heating appliances from bedrooms. The 2003 IRC allows these types of heaters in certain circumstances but staff felt that they should not be allowed at all. Hermes pointed out the 2003 IBC does now require that all "R" occupancies be sprinkled. He said that since Iowa City has been requiring sprinkling for 12 unit and/or 3 stories of residential for several years already, this change in the IBC would not really have a large effect. This will not affect single family, duplex or townhouse dwelling units built under the IRC. Hennes said that bathroom exhaust fans have always been required to go to the exterior but policy has allowed them to vent to a vented attic or soffit. Policy will now reflect the code language and the fans must go to the exterior. Hennes said that he had met with some members of the legislative committee of the Iowa City Home Builders Association and that he would be meeting with them again on 2/24/2004 to get input and concerns on code issues. Buckman stated that the language in the IBC concerning the location of exterior fire alarms needs to mirror the language in the fire code. Joan Teimeyer, Iowa City Home Builders Association, stated that the homebuilders appreciated being included in the process of adopting the new codes. She also reiterated a request made through the years that all the local jurisdictions in Johnson County adopt the same codes and amendments. Hennes said the mechanical code would not really change. Hennes said that previously the International Fuel Gas Code had not been adopted by Iowa City but since the other codes do refer to it, staff thought it was important to actually adopt it. Roffman stated that he would like the Board to think about the presented codes and amendments and come back at the next meeting to make their final decisions and recommendations to Council. Hennes stated there was one last amendment he wanted to make the Board aware of. Policy has been to charge a double permit fee for work commenced prior to issuance of a permit. The amendment would make that policy part of the code. OTHER BUSINESS: The next meeting was scheduled for March 8th, 2004 in order to make sure Fire Marshall Jensen could attend. Hennes asked the Board to determine a policy on how long to retain the audio tapes for the Board of Appeals meetings. Dulek, in an advisory memo to the Board had stated there was no legal requirement for archiving the tapes and advised that as soon there was an approved copy of the minutes of a meeting, the tapes for that meeting could be discarded. MOTION: Maas moved that meeting tapes could be discarded as soon as the minutes for that meeting were approved by the Board. Buss seconded. Motion passed unopposed. ADJOURNMENT: Maas moved to adjourn the meeting. Buss seconded. The meeting adjourned at 6:35 P.M. John Roffman, Board of Appeals Chairperson Date FINAL/APPROVED POLICE CITIZENS REVIEW BOARD MINUTES - February '10, 2004 CALL TO ORDER Vice Chair Candy Barnhill called the meeting to order at 7:04 p.m. ATTENDANCE Board members present: Candy Barnhill, Greg Roth, John Stratton, and Roger Williams; Board member absent: Loren Horton. Legal Counsel Catherine Pugh and Staff Kellie Turtle present. Aisc in attendance was Capt. Tom Widmer of the ICPD. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #03-11. CONSENT CALENDAR Motion by Stratton, seconded by Williams, to adopt the consent calendar. · Minutes of the meeting on 01/13/04 Motion carried, 4/0. Horton absent. NEW BUSINESS None. OLD BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Roth, seconded by Stratton, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11 ) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Horton absent. Open session adjourned at 7:07 P.M. PCRB-Page 2 February 10, 2004 REGULAR SESSION Returned to open session at 7:40 P.M. Motion by Stratton, seconded by Williams, to forward the Public Report as amended for PCRB Complaint #03-11 to City Council. Motion carried, 4/0, Horton absent. Motion by Stratton, seconded by Roth, to set the level of review for Complaint #03-13 to 8-8-7(B)(1 )(b), Interview/meet with complainant, and 8-8-7 (B)(1)(e), Performance by board of its own additional investigation. Motion carried, 4/0, Horton absent. Motion by Williams, seconded by Stratton, to request a 60-day extension for PCRB Complaint #03-13, for the following reasons: Further investigation by the Board and the Board wishes to interview the complainant. Motion carried, 4/0, Horton absent. Staff was directed to request additional information from the Police Chief regarding Complaint #03-13. MEETING SCHEDULE · Mamh 9, 2004, 7:00 P.M., Lobby Conference Room · April 13, 2004, 7:00 P.M., Lobby Conference Room · May 11,2004, 7:00 P.M., Lobby Conference Room · June 8, 2004, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion by Roth, seconded by Stratton, to adjourn. Motion carried, 4/0, Horton absent. Meeting adjourned at 7:44 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 TO: City Council ~C~ Complainant ~ ~ m Stephen Atkins, City Manager © -~ ~ R. J. Winkelhake, Chief of Police .-< m Officer(s) involved in complaint m ~' FROM: Police Citizens Review Board .~ <~ RE: Investigation of PCRB Complaint #03-11 DATE: 10 February 2004 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #03-011 (the "Complaint"). .Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise" Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a. Board's Procedure The Complaint was received at the Office of the City Clerk, October 13, 2003. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on January 08, 2004 and was filed with the City Clerk on January 08, 2004. PCRB #03-11 Page 1 N The Board voted to review the Complaint in accordance with Section 8-8-7.1~1~a),~[p the record with no additional investigation, c-') ~ ~ -TI The Board met to consider the Report on danuary 13, 2004 and February 1~,~f)04~. of Fact ~ Findin~s On September 17, 2003, at approximately 10:34 p.m. police were called to 507 N. Linn St. in Iowa City in reference to a male beating a female. Upon arrival Officer A reposed hearing yelling and a baby c~ing. Officer A repoded looking through the front window and obse~ed a man and a woman pushing e~h other. The woman was later identified as the complainant and the man as the baby's father. Officer A reposed that the complainant wore a t-shi~ with what appeared to be blood on it. Officer A repoded knocking at the door and the man answered. When officer A inquired about the blood the man repo~edly stated "they were cut up in here". The complainant then began pushing at the door and yelling for the officer to get out of her house and that she needed a waffant. When offi~r A gained ac~ss into the room the complainant's foot had be~me caught under the door. Officer B now arrived on the scene. The ~mplainant exited the living room area and had entered the bedroom shuffing the door behind her. Officer A knocked on the door. When Officer A entered the bedroom the ~mplainant was wearing a different shi~ and denied the ~istence of another t-shid or that she had changed shi~s to the Officer. Officer A repod~hat the complainant became less cooperative as she realized that the man was going to be arrested. Officer A also reposed the complainant was allowed to get the c~ing baby and bring the child from the living room to the bedroom. The complainant sat down on the bed in the bedroom and laid the baby beside her. The complainant told Officer A that she tried to get the man to leave and they (the complainant and the man) began pushing each other. The ~mplainant told Officer A that she banged her head on the ~rner of the wall and cut her lip causing blood to be splaEered on the wall. Pictures were taken to document the injuries. Officer A later noticed a scrape to the right temple area of the complainant but reposed seeing no blood from this inju~. Officer A cleaned the area and put a band-aid over the scrape. Officer C asked the complainant to consent to a search while she was in the bedroom. She ~nsented and later withdrew her consent prior to the discove~ or confis~tion of any physical evidence. Officer A arrested the complainant and took her to a squad car. Officer C pedormed a Search Incident to Arrest and found a weapon (handgun) under the bed where the ~mplainant had been siEing. The complainant was later brought back into the bedroom and was confronted with the discove~ of the weapon. The Iowa Depadment of Human Se~ices was called to the scene and took the baby into protective custody. An assistant Johnson County AEorney followed up a PCRB #03-11 Page 2 few days later by filing a CHINA petition. The complainant told investigators of this complaint that whoever was at the door (Officer A) was being disrespectful to the man and that she did not realize it was a police officer. She stated she thought that since she did not summon the officer she did not have to let the officer in. The complainant told the investigators that she went into the bedroom to change her shirt. She stated she was not trying to hide the bloody shirt and showed Officer A where the t-shirt was. The complainant told investigators that she knew Officer A was calling Human Services when she was at the front door. The complainant told investigators that she did not know she had an injury to her temple until Officer A mentioned it to her. The complainant later told investigators that she thought the injury to be serious and life threatening and that it was a big hole and poured and dripped blood all night. At no time did the complainant request medical assistance for the injury to her temple area. Conclusion Alleqation # 1: False statements aqainst Officer A The board has no cause to suspect or believe Officer A made false statements to any party involved with this situation. Officer A's statements were supported by the written reports of other officers on the scene and in some circumstances by the complainant. She reported accurately the order of events and movements of those involved, both police and citizen. Officer A documented the need for the temporary custody/removal of the baby from the residence due to the dangerous surroundings that evening and did nothing to convey false information to either the Department of Human Services or the Johnson County Attorney's Office. The Board finds the Chief's conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #1 against Officer A is not sustained. Alleqat on # 1: False statements aqainst Officer C The board has no cause to suspect or believe that Officer C made false statements to any party involved with this situation. Officer C played a secondary role in regard to the investigation and calling of the Iowa Department of Human Services. The Board finds the Chief's conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #1 against Officer C is not sustained. Alle.qat on #2: Ille.qal Search against Officer A The board has no cause to suspect or believe that Officer A committed an unconstitutional search of the suspect or the premises. Exigent circumstances existed allowing a warrantless entry by the officer. The Board finds the Chief's conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #2 against Officer A is not sustained. Alleqation #2: Illeqal Seamh aqainst Officer C The board has no cause to suspect or believe that Officer C committed an unconstitutional seamh of the premises. A consent seamh was requested and consented to. When the complainant withdrew her consent to search, the officer respected her constitutional request and terminated the search. Officer C then conducted a second search after the arrest of the complainant. The complainant had been sitting on the bed pdor to being arrested and being removed from the room. The search was constitutional since the area in which the search was performed was within the complainant's immediate control. The Board finds the ChieFs conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #2 against Officer C is not sustained. Alle.qation #3: Failed to provide medical care a.qainst Officer A The board finds no cause to suspect or believe that Officer A failed to provide medical care. On the contrary, Officer A was obviously conscious as to the medical condition of the complainant and brought her attention to the less obvious injury to the complainant's right temple. A scrape that the complainant, by her own testimony and that of Officer A, did not even know existed. The wound was attended to at the residence and cleady was not a serious injury with blood pouring out of it as the complainant told the officer who investigated her complaint. The Board finds the Chief's conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #3 against Officer A is not sustained. Alleqation #3: Failed to provide proper medical care a.qainst Officer C The board finds no cause to suspect or believe that Officer C failed to provide medical care. Officer C was at the scene investigating another incident at a different location. Due to the obvious injury to her lip related by the complainant and the direct attention Officer A was giving the complainant, Officer C had no responsibility to attend to the observed wounds. The Board finds the ChieFs conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #3 against Officer C is not sustained. Comment None. PGRB #03-'1 ~ Page 4 MINUTES Approved PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL FEBRUARY 19, 2004- 7:30 P.M. MEMBERS PRESENT: Bob Brooks, Benjamin Chait, Don Anciaux, Jerry Hansen, Elizabeth Koppes, Dean Shannon MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Mitch Behr, Shelley McCafferty, Bob Miklo, John Yapp OTHERS PRESENT: John Yoder, Joe Holland, Jim Clark, Chuck Skaugstad RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, on a vote of 6-0, of SUB04-00002, the final plat of Galway Hills, Part 9, a 4.76- acre, 10-lot residential subdivision located south of Killarney Drive, subject to staff approval of legal papers and construction drawings prior to City Council consideration. Recommended approval, on a vote of 6-0, of SUB04-00003, the final plat of Galway Hills, Part 8, a 3.31- acre, 10-lot residential subdivision located on Donegal Court, subject to staff approval of legal papers and construction drawings prior to City Council consideration. Recommended approval, on a vote of 6-0, of SUB04-00004, the final plat of Windsor Ridge, Part 19B, a 8.32-acre, 6-lot residential subdivision located between Camden Road and Lower West Branch Drive, subject to staff approval of legal papers and construction drawings prior to City Council consideration. CALL TO ORDER: Shannon called the meeting to order at 7:33 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEMS: REZ04-00002. Discussion of an application submitted by Mike Roberts Construction for a rezoning from Interim Development Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone for approximately 24.1 acres of property located on South Sycamore Street, east of Southpoint Subdivision. (45-day limitation period expires March 14, 2004) Yapp said this is a request for RS-5, Iow density, single-family housing for this property, which is located on the east side of Sycamore Street across from the Southpoint Subdivision. He said the RS-5 zoning is consistent with the zoning to the north, and the zoning to the east and west is RS-8, medium density, single-family. Yapp said this is also consistent with the South District Plan, which identifies this area as being primarily single-family in nature. He said the South District Plan for this property shows a small area of apartment buildings along Sycamore Street and notes that small areas of apartment buildings may be appropriate at the intersection of collector and arterial streets and near commercial areas, although the applicant is considering only single-family zoning for this property. Yapp said that Sycamore Street, at this location, is a chip seal road with an existing traffic count of 1,690 vehicles per day. He said staff recommends that no additional access to Sycamore Street be permitted until it is in a funded year to be brought up to urban design standards. Yapp said this is due to the fact that as this area develops, the traffic count will increase. He said staff would not recommend allowing additional access points until there is funding to improve the road with curb and gutter and a concrete sur[ace. Yapp said that would also include sidewalks, storm sewers, and other elements of the roadway corridor that are more appropriate for an urban area. He said staff does recommend allowing this property Planning and Zoning Commission Minutes February 19, 2004 Page 2 to rezone to single-family with the qualification that no access to Sycamore Street be permitted until it is in a funded year. Yapp said staff has developed a tool to allow for some development adjacent to roadways that need improvement - a funding mechanism to recoup some of the costs that are hastened due to development in the Sycamore Street corridor. He said a formula used by the Johnson County Council of Governments estimates the financial amount to apply to the reconstruction of Sycamore Street, which amounts to, for this property, $78.75 per linear foot, which is $2,894 per acre based on the 24.1-acre property. Yapp said staff recommends that be required as part of any zoning approval. He said the subdivider would also be required to dedicate right-of-way for Sycamore Street as a condition of zoning. Yapp said there is an existing access point at Gable Street to the noah, which is an improved, local residential street. He said it is possible for this street to extend to the south to allow for some limited development of this property. Yapp said the issue is appropriate level of the traffic on local residential streets and at what point a secondary access would be required for this property. He said the City's guidelines allow up to approximately 500 trips per day on a residential street, and staff estimates seven vehicles trips per day per household, which would result in approximately 71 households before that threshold is reached. Yapp said there are currently 46 households on Stanwyck Drive and Gable Street; therefore, approximately 25 additional lots could be developed before that threshold is reached. He said the applicant has asked to be allowed to develop 29 lots off of the Gable Street access as a first plat. Yapp said staff is comfortable with that as a temporary situation, but before any further development is allowed, access to Sycamore Street would be required. Yapp said this street would have to extend across a segment of the Sycamore Greenway and Trail, which lies along the north and east sides of the property. He stated that the Greenway and Trail were constructed to provide storm water management for the area, and this property will drain into the Sycamore Greenway. Yapp said staff will recommend that the developer be responsible for constructing the street over that piece of public property. He said the Greenway and Trail has become a recreational resource for the neighborhood. Yapp said staff is also recommending that there be a sidewalk connection from this development to the Sycamore Greenway and Trail. He said the developer has agreed to do this. Yapp said that because the City has constructed that Sycamore Greenway drainage system, the developer does not have to provide on-site storm water management but is required to pay a fee toward the Sycamore Greenway system so the City can recoup some costs. He said the result is that the developer gets more land for development in that he does not have to provide on-site storm water management, but the City does recoup some costs with the storm water management fee. Yapp said that regarding neighborhood open space, the Sycamore Greenway is an open space resource for this area. He said that based on the adopted open space formula, .57 acres of open space would be required if this property develops with single-family development. Yapp said it is likely that the open space will provided along the Sycamore Greenway, but that will be finalized in the platting process. Yapp said staff recommends that street connections to the north, west, and south be required as the property is platted, but not to the east, because to the east of the Sycamore Greenway a wooded wetland area has been identified. He said the three street connections are recommended to encourage neighborhood connectivity and avoid isolated subdivisions in the South District. Yapp said staff recommends approval of this rezoning, subject to the following conditions: 1) the contributions toward the cost of reconstructing Sycamore Street; 2) up to 29 lots be permitted with access to Gable Street before a secondary access to Sycamore is required; 3) no direct access to Sycamore Street until Sycamore Street is funded by the City for reconstruction; 4) dedication of right-of-way for the improvement of Sycamore Street; and 5) some subdivision design criteria including street connections to the north, west, and south; at least 300 feet of public frontage along Sycamore Greenway so that it remains a public resource; and a sidewalk connection to the Greenway Trail. Yapp said the preliminary plat received by staff and scheduled to be on the Commission's next meeting agenda does comply with the design standards proposed by staff. Planning and Zoning Commission Minutes February 19, 2004 Page 3 Anciaux asked how much farther south of this subdivision the south arterial would be located. Yapp showed the approximate area on the map and said it would not conflict with development on this property. Hansen asked why there could not be a temporary connection to Sycamore Street while keeping the limit of 29 dwelling units until the road is funded. Yapp responded that the issue is that as a policy, staff is recommending no additional access points to Sycamore Street be permitted until it is brought to City standards. He said that 29 lots by themselves may not be a large issue from a traffic impact point of view, but as a policy and to make certain that staff is consistent in how it treats properties along this corridor, staff is making that recommendation. Hansen asked if this requirement has been imposed anywhere else along Sycamore or in any other development in the City. Miklo said it has been imposed in other areas of the City where the roads are substandard, including Lower West Branch Road at the north end of Windsor Ridge. He added that at the time the Southpoint Subdivision was rezoned, Sycamore Street was in the capital improvements plan to be built the following year but was subsequently removed from the program because of other road projects. Miklo said the people who live in this subdivision have expressed a lot of concern regarding the condition of Sycamore Street, including drainage issues for the lots right adjacent to Sycamore Street. Hansen asked how many lots this development could suppod. Yapp said the 24 acres could support 60 to 80 single-family units at an average of three to four units per acre. Hansen asked why the recommendation is for three access points. Yapp replied that two would be acceptable, according to secondary access guidelines, but staff recommends the three access points for overall neighborhood connectivity and to ensure that neighborhoods are interconnected and not isolated from each other, as is the policy in the South District Plan. Hansen asked about the impact of constructing a road across the Greenway. Yapp said the developer would construct a culvert for drainage, and there would be sidewalk connections to the trail and a mid- block crossing to the trail. Miklo said Gable Street was stubbed, and the intent was for it to extend into this property. He said there are also some potential crossings of the Greenway farther to the south. Koppes asked if all the construction vehicles would have to drive through the neighborhood to get to this subdivision. Miklo said it might be possible to allow a construction vehicle access. Yapp said there is a farm access at the northwest corner of the property on Sycamore Street that might be an option for construction equipment. Public discussion: John Yoder, 171 Stanwyck Drive, said he has lived in this area since 1998. He said he is quite concerned about Gable Street being the only access into this area. Yoder said he is concerned about construction equipment going through the neighborhood, because there are a lot of small children in the area and he is concerned about their safety. He said he is also concerned about safety issues relating to crossing over the trail, which is heavily used. Yoder asked what styles of houses are proposed for this development and what the requirements would be for the square footage of these houses. Yapp said the City does not have requirements regarding home styles. He said the minimum lot size would be 8,000 square feet, which is consistent with other RS- 5 zones. Yapp said the preliminary plat shows the layout of the lots. Yoder said there is a farm access off of Sycamore. He said that Sycamore Street does need attention and asked when it is scheduled to be widened. Yapp said improvement of Sycamore Street is currently unfunded by the City Council so that it will not likely be improved within the next two years. He said that if the City Council funds it after going through its budget considerations, it will typically take about two years from funding of the project to actual construction. Yoder asked what could be done with regard to speed control if the traffic is allowed to go through on Gable Street. Yapp said that the City has a traffic-calming program for streets with excessive volume or speed of traffic. He said that traffic calming must be supported by a majority of the neighborhood, and be Planning and Zoning Commission Minutes February 19, 2004 Page 4 justified by documented high speed or volume of traffic. Yapp said he would provide Yoder with a brochure on traffic calming. He added that the speed limit would remain at 25 miles per hour. Public discussion closed. MOTION: Anciaux moved to defer consideration of REZ04-00002, an application submitted by Mike Roberts Construction for a rezoning from Interim Development Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone for approximately 24.1 acres of property located on South Sycamore Street, east of Southpoint Subdivision. Koppes seconded the motion. Anc[aux said he would definitely like to see the construction access pursued to try to keep at least the construction traffic off of Gable. Hansen and Koppes agreed. The motion to defer carried on a vote of 6-0. REZ04-00003. Discussion of an application submitted by James Clark for a rezoning from Central Business Service (CB-2) zone to High Density Multi-Family Residential (RM-44) zone for approximately 32,000 square feet of property located at 302 and 308 S. Gilbert Street. (45-day limitation period expires March 14, 2004) Miklo said this properly is located on the south side of Burlington Street and east side of Gilbert Street. He said the property contains two apartment buildings that were built in the early 1980s. Miklo said the buildings are part of a larger complex continuing farther to the south on the adjacent RM-44 property. Miklo said the applicant has requested that the property be rezoned from its current designation of Central Business Service Zone to RM-44, High Density Multi-Family. Miklo said the current zoning is a commercial zone that requires commercial uses on the ground floor and allows apartments on the upper floors. He said the two buildings are non-conforming in that they have residential on the ground floors, as well as on the upper floors. Miklo said the buildings could not be built today under the current zoning because of the lack of commercial on the ground floors. Miklo said the proposed RM-44 zone allows multi-family structures at a density of one unit per 1,000 square feet, 44 units per acre. He said that other than the PRM zone, it is the highest density residential zoning district in Iowa City. Miklo said the zoning ordinance indicates that such zones should be located on arterial streets because they have the potential to generate a lot of traffic, and this location does meet that guideline. Miklo said the Comprehensive Plan identifies this area and the area to the south as being appropriate for mixed use, which would include commercial and residential. He said the Comprehensive Plan also encourages high density residential development near the downtown area on the theory that residents are able to walk to the nearby businesses and campus and have fairly good access to the City-wide bus system and are therefore less likely to require a car or drive it in the area if they own a car. Miklo said the proposed RM-44 zoning is not in strict compliance with the Comprehensive Plan, which would indicate that the first floor should be commercial, since the Plan designates this area for mixed use. He said if this property were vacant or a candidate for redevelopment, staff might be reluctant to rezone it for strictly residential use. Miklo said, however, that given the current use and the good condition of the properties, it is indicated that they will not be redeveloped any time soon; therefore staff feels the RM-44 zoning would be appropriate and recognizes the existing use as well as the policy of encouraging high density near downtown. Miklo said if the zoning is approved, staff does not anticipate any major construction on these properties; however, they may be some internal reconfiguration in the buildings. He said it may be possible for the owner to actually introduce additional bedrooms into the property, but in terms of redevelopment, that should not be likely any time soon. Miklo said that under the current zoning there could be no alterations that would increase the degree of non-conformity so that bedrooms could not be added to the lower floors. Planning and Zoning Commission Minutes February 19, 2004 Page 5 Regarding neighborhood compatibility, Miklo said there is a considerable amount of RM-44 zoning in this area already. He said high-density is also fairly compatible with the downtown area. Miklo said that in the proposed revisions to the Zoning Ordinance, it is possible that the CB-2 zone may be eliminated from the zoning ordinance altogether, in which case this would have to be rezoned to something else whether the applicant applied for it or not. Miklo said staff does recommend approval of this rezoning Anciaux asked if there would be any way for the two white areas shown adjacent to this area on the map as CB-2 to be rezoned to RM-44 also. Miklo said the City could initiate such a rezoning. He said the property currently contains an auto body repair shop. He said if the CB-2 zone is eliminated, staff would have to propose a designation. Miklo said the property owner might object to RM-44, given the commercial use of the property at this time. Hansen asked why this is not proposed for CB-5. Miklo said that would be a possibility but would not address the concern of the applicant, which is to modify some of the residential units. He said that CB-5 also requires commercial uses on the ground floor. Koppes asked how this property was zoned when these buildings were constructed. Miklo said they were apparently CB-5, which he thought may have also not allowed residential on the ground floor. He said it is unclear how these buildings were built under CB-5 at that time. He said he would check with the Building Department for clarification. Public discussion: Joe Holland, 123 N. Linn Street, said he is the attorney representing the applicant. He said that it was legal to have residential on the first floor in the CB-5 zone when these buildings were built. Holland said there were extensive proceedings when these buildings were built as well as extensive design review, both with a lot of staff input, and these buildings were fully in compliance. Holland said this started out as an application for a PRM zone. He said the purpose of this is to allow a reconfiguration of rooms on the first floor of the building. Holland said a request for a building permit was required, because it was considered to be an expansion of a non-conforming use. Holland said the applicant filed an appeal to the Board of Adjustment for an interpretation of the Zoning Ordinance, but staff suggested that a rezoning would be a better way to effectively deal with this. He said the applicant is comfortable with the RM-44 zoning. Holland said there won't be any changes in density or the number of occupants on the property. He said this is a situation where because of the conflicting interpretations of the Zoning Ordinance, some rooms can't be changed into bedrooms, which is what is behind this application. Koppes asked when these buildings were constructed. Holland thought that one was constructed in 1982 and one was constructed in 1983. Miklo said he would have more information about the CB-5 zone for the next meeting. Holland stated that these buildings were funded in part through revenue bond funding, and the City planning staff was heavily involved in the project. He said there were a number of meetings held, and if residential had not been permitted on the ground floor at that time, he believed the zoning staff would have noted that fact. Chait asked about the buildings to the south. Holland said there are four more buildings that were built separately, and they are already zoned RM-44. Jim Clark said he was involved in the original construction of the two properties and was available to answer any questions. Public discussion closed. Planning and Zoning Commission Minutes February 19, 2004 Page 6 Hansen said he would like to take some time to mull over losing the commercial aspect of the current zoning. Chair said there is residential on the ground floor; there is no commercial there now. He said to make the changes the applicant wants to make, the applicant would be expanding the non-conformity. Chair said there never was commercial in these buildings, so the City would not lose any commercial. Miklo said the Commission has a policy to have two meetings on any rezoning. Koppes said she would rather defer this than vote at this time. MOTION: Chair moved to defer consideration of REZ04-00003, an application submitted by James Clark for a rezoning from Central Business Service (CB-2) zone to High Density Multi-Family Residential (RM-44) zone for approximately 32,000 square feet of property located at 302 and 308 S. Gilbert Street. Koppes seconded the motion. The motion carried on a vote of 5-1, with Hansen votin.q no. REZ04-00004. Discussion of an application submitted by James Clark for a rezoning from Community Commercial (CC-2) zone to Central Business Support (CB-5) zone for approximately 1.34 acres of property located on the east side of South Gilbert Street. (45-day limitation period expires March 14, 2004) Chair stated that he owns some property in question with regard to this issue and has a conflict of interest. He said he would therefore leave the room during discussion of this rezoning. McCafferty showed the property in relation to Gilbert Street, Bowery Street, Prentiss Street, and the Mansion, which is an historic landmark. She said the applicant has requested a rezoning from CB-2 to CB-5, Central Business Support. McCafferty said the applicant proposes a mixed-use development with first floor commercial and residential above. McCafferty said this property contains one lot north and three lots south of Ralston Creek. She said the proposed development would only take place on the lots south of Ralston Creek; there are no changes proposed on the property where the Plasma Center is located. McCafferty said the reason the lot to the north is being included is so that the zone is contiguous and so that there is not a small spot zone [eft. McCafferty said the requested uses would be allowed in the CB-5 zone. She said that the existing CC-2 zone typically results in a more suburban-type less intense use than found in the CB-5 zone. McCafferty said the CB-5 zone encourages more urban-type development, which would make a transition from downtown and support the uses of downtown. She said higher intensity is allowed; the buildings can be higher and the setbacks can be smaller. McCafferty said the parking requirements are significantly less for a CB-5 zone than for a CC-2 zone. She said the theory is that people living here are more apt to be walking to nearby downtown locations. McCafferty said CB-5 also has some design provisions that the CC-2 zone does not have. She said there is also the opportunity for some bonus provisions so that if the developer chooses to add some public benefit features, he can actually increase the density on this property within the zone. McCafferty said the land use map of the Comprehensive Plan recommends this area for mixed-use development. In terms of neighborhood compatibility, she said the areas around this zone include RM-44, high density residential, and there is CB-5 zoning across the street. She said that it is generally preferred to have the same zoning on either side of the street and split the zoning in the alley, so in this case it would actually be contiguous with the CB-5 and would be preferred. McCafferty said the existing uses on the properties include a one-story office building, some one-story office commercial buildings and one house. She said there are only four residential dwelling units currently in this area. McCafferty said the Comprehensive Plan generally recommends higher density adjacent to downtown. McCafferty said staff has come concerns with this development in terms of compatibility and would therefore like to recommend some conditions. She said that the Close House where the "Mansion" is located is a historic landmark, and there are also some historic buildings across the street. McCafferty Planning and Zoning Commission Minutes February 19, 2004 Page 7 said the staff would therefore recommend that this be reviewed by the Design Review Committee to insure that it is compatible with the area. McCafferty said the primary issue staff has with this area concerns traffic. She said Gilbert Street is an arterial street with approximately 20,000 vehicles on it per day. McCafferty said it functions well during off- peak hours, but during peak traffic times, it is a bottleneck and doesn't function well at that time. She said staff is therefore particularly concerned with having more access points to this property, particularly with more intense use, as left hand turns could really clog up the arterial street and there would be more potential for rear end collisions. McCafferty stated that in the future, the City has plans to widen Gilbert Street to provide for a left turn lane going to Bowery Street. She said to do that, staff is requesting that the applicant dedicate eight feet of the right-of-way in order to shift the traffic. McCafferty added that in the future there will probably be a condemnation of property on the lot where the Mansion is located to provide sufficient right-of-way for the turn lane. McCafferty said staff would therefore like to request the condition that no access be allowed from Gilbert Street onto these properties unless it is approved by staff so that there is scrutiny for how the access would function. She said any access should be as far away from Bowery Street as possible. McCafferty said if the applicant would agree, staff would prefer to extend the left turn lane onto the property so that one can get out of traffic to make a left hand turn into the area. McCafferty said that with the stated conditions, staff could recommend this rezoning. She said, however, that given the public interest in this item and the fact that the Commission typically has two meetings for a rezoning, staff recommends deferral. Shannon asked if the existing accesses would stay as they are. McCafferty said staff would prefer to see all accesses closed and to have access only from the alley. She said if an access is properly designed, staff would allow one access point onto the property. Koppes asked if access for 408 Gilbert Street would remain. McCafferty confirmed this. Public discussion: Joe Holland said he represents the applicant with regard to this application. He said he has read the staff report and has no problems with anything that was suggested. Holland said the only thing to be discussed is the location of a drive off of Gilbert Street. He said it is a commercial reality that if the commercial space is going to be used, there may need to be an entry, although the applicant doesn't have any problem pushing the driveway as far north as possible. Holland said there is also no problem with the conditional zoning agreement, and the design review should not be a problem either. He noted that the apartment building across the street from the Mansion on the corner of Prentiss and Gilbert Streets was built by the applicant and was built to be complementary to the area. Holland said the historic nature of the neighborhood will be taken into account in the design of the buildings for these properties. He said the development will probably be done in phases and will probably have three buildings. Holland stated that what will happen will be that the buildings will complement the neighborhood in terms of the architecture, in terms of housing, and in terms of the businesses in the area. Holland said the applicant has no problem with dedicating the eight feet of right-of-way along Gilbert Street to widen it. He asked that the Commission bring this back on its agenda after the conditional zoning agreement is settled. Anciaux asked who owns the Plasma Center building that would also be rezoned. Holland said Chait owns the building. Anciaux asked if Chait has been apprised of the rezoning and, if so, whether he had any objection to the rezoning. Holland replied that Chair is aware of the rezoning, and it was his understanding that Chait did not have any objection to it. Planning and Zoning Commission Minutes February 19, 2004 Page 8 Chuck Skauqstad, 602 South Summit Street, said he owns the Clothes House. He strongly advised the Commission to consider some penetration off of Gilbert Street into the development. He said the alley behind these buildings is constantly being patrolled, on his recommendation, by police. Skaugstad said that tickets and towing are a frequent occurrence. Skaugstad said he runs a commercial business there and is happy to be there. He said that there are semi trucks coming in and oat of the alley, and there are also problems with people in five-bedroom apartments with only two parking stall for those apartments. Skaugstad said he did not believe that commercial, let alone high density residential, could exist just simply by coming in and out of the alley. Jim Clark said he is the applicant for this project. He said he is trying to work with Skaugstad and the City regarding an access point. He said Skaugstad and the City both have some good ideas that should work fairly well. Clark said the turning lane will be important to Iowa City in the future. Clark said if he could get his access off a turn lane also, that would help. He said a second access is important with the number of people who would be turning into the property. Clark said it will make the commercial more viable also. Clark said he will make certain the design matches the design of this rather important area. He said he was available to answer any questions. Hansen asked, regarding having commercial as a part of this, where the trucks will make their deliveries, even if there is a turn lane. Clark said delivery trucks will have to come in off the alley. Public discussion closed. MOTION: Hansen moved to defer consideration of REZ04-00004, an application submitted by James Clark for a rezoning from Community Commercial (CC-2) zone to Central Business Support (CB-5) zone for approximately 1.34 acres of property located on the east side of South Gilbert Street. Anciaux seconded the motion. Brooks asked staff how the Commission would deal with the access issue and make sure it is taking care of the City's needs and Clark's needs. McCafferty said there will be a conditional zoning agreement (CZA) in which the conditions of design review, the right-of-way, and the access will be addressed. She said during the site plan review process, staff will look at this carefully to ensure that the conditions of the CZA are met as well as the design criteria of the CB-5 zone. Miklo said that in terms of granting an access off of Gilbert Street, until staff actually sees a plan and how the buildings are going to be laid out, it is difficult to determine where the appropriate location for a curb cut would be. He said this is therefore written that there would be no access from Gilbert Street unless it is approved by the City's transportation planners. Anciaux asked about the parking requirements for the CB-5 zone. McCafferty replied that in the CB-5 zone, for two bedrooms or more, 1.5 parking spaces per dwelling unit are required. She added that in the 00-2 zone, a three-bedroom unit requires two spaces, a four bedroom requires three spaces, and a five bedroom requires four spaces. McCafferty said she did rough calculations based on Clark's building at 217 Iowa and determined that the CB-5 zone requires about half as many spaces as the CC-2. Hansen said he believes the CB-5 zone will be a good thing for that piece of property. He said that parking will still be an issue for him. Hansen said no matter how close people live to downtown, everyone still has a car. He said once the CZA is reached, he would like to know exactly what the plan will be for the delivery vehicles into this property. Hansen said he would like to know what the alley usage will be and whose responsibility the alley will be. Miklo said the City does not maintain alleys. Brooks asked where the alley exits to the north. McCafferty said the alley is blocked off by Ralston Creek and does not exit to the north. She said if the Commission is concerned about parking, it could direct staff to explore some other options and conditions for the CZA. Planning and Zoning Commission Minutes February 19, 2004 Page 9 Hansen said he would like to see that research. He asked how a semi or even a large straight truck would turn around in this dead end alley. Hansen said overall this is a good plan for that area, but he wanted assurances regarding the parking and alley issues. Brooks said he shared the same concerns. Shannon said he is also concerned about the alley. He said it is already not a good situation. Shannon said he agrees with the City's need to limit driveways off of arterial streets, but he did not know that the alley could stand any more traffic. He said he would like to see other ideas to make this a better situation. Koppes agreed that she would like these issues researched. Brooks asked for the maximum density that could be supported here. Miklo said the CB-5 zone does not have a maximum residential density; the density is based on how many parking spaces the developer can get on the site. McCafferty said there is a floor area ratio to measure density as opposed to an actual number of dwelling units per acre. The motion to defer carried on a vote of 5-1, Hansen votin.cl no. Anciaux asked if the by-laws require a member to mcuse himself [f he owns a piece of property involved in a rezoning. Behr said that is in the by-laws and could be changed. He said the by-laws state that if there is a conflict of interest, the person shall leave the room, but it is not a legal requirement. Miklo said it is pretty common for planning and zoning commissions and is also a practice of the City Council for members to leave the room [f there is a conflict of interest. Behr said if the person does not leave the room, there is still some public perception that he has influence. He said that influence [s the main issue. The consensus of the Commission was to put this on a future agenda for discussion. DEVELOPMENT ITEMS: SUB04-00002. Discussion of an application submitted by Dave-Ed Limited for the final plat of Galway Hills, Part 9, a 4.76-acre, 10-lot residential subdivision located south of Killarney Drive. (45-day limitation period expires March 29, 2004) McCaffer[y said that originally the preliminary plat was for Galway Hills, Parts 7, 8, and 9. She said that this was approved by City Council on May 6, 2003. McCafferty said the final plat for Part 7 has already been approved. McCafferty said this final plat is in general conformance with the approved preliminary plat. She said construction and legal papers have been submitted and are currently being reviewed by staff. McCafferty said there is a water main extension fee for this plat. She said staff recommends approval of this item subject to approval of legal papers and construction drawings. Public discussion: There was none. Public discussion closed. MOTION: Anclaux moved to approve SUB04-00002, the final plat of Galway Hills, Part 9, a 4.76- acre, 10-lot residential subdivision located south of Killarney Drive, subject to staff approval of legal papers and construction drawings prior to City Council consideration. Chair seconded the motion. The motion carried on a vote of 6-0. SUB04-00003. Discussion of an application submitted by Dave-Ed Limited for the final plat of Galway Hills, Part 8, a 3.31-acre, 10-lot residential subdivision located on Donegal Court. (45-day limitation period expires March 29, 2004) McCafferty said this is another par[ of the same preliminary plat that was just discussed. She said this final plat is in general conformance with the preliminary plat. McCaffer[y said staff has received legal papers and construction drawings, which will have to be approved before City Council consideration. She Planning and Zoning Commission Minutes February 19, 2004 Page 10 said there will also be a water main extension fee for this final plat. McCafferty said staff recommends approval of this plat subject to approval of legal papers and construction drawings. Public discussion: There was none. Public discussion closed. MOTION: Koppes moved to approve SUB04-00003, the final plat of Galway Hills, Part 8, a 3.31- acre, 10-lot residential subdivision located on Donegal Court, subject to staff approval of legal papers and construction drawings prior to City Council consideration. Brooks seconded the motion. The motion carried on a vote of 6-0. SUB04-00004. Discussion of an application submitted by Arlington L.C. for the final plat of Windsor Ridge, Part 19A, a 8.32-acre, 6-lot residential subdivision located between Camden Road and Lower West Branch Drive. (45-day limitation period expires March 14, 2004) McCafferty said this is the final plat of Windsor Ridge Parts 16 through 20. She said the preliminary plat and OPDH was approved by City Council on December 2, 2002. McCafferty said this plat will allow the construction of three 12-plex units to be located on Lot 269. She said there will be 15 duplex style units to be located on four lots and six townhouse style units for a total of 72 dwelling units. McCafferty said the final plat is in general conformance with the preliminary plat. She said that legal papers and construction drawings have been submitted and are being reviewed by the City Attorney and engineering staff. McCafferty said there will be a fee for the improvement of Lower West Branch Road, and this is addressed in the legal papers. She said staff recommends approval of this final plat subject to staff approval of legal papers and construction drawings prior to City Council consideration. Koppes asked if this is the plat where there were many different looking duplexes. McCafferty confirmed this, saying part of this is already under construction. She showed where the town square would be located. McCafferty said there are three twelve-plexes. She said the town square will cut off Lower West Branch Road so that traffic will have to go around the square, and it will be a traffic calming measure. Hansen asked how three twelve-plexes at that corner will fit with the Comprehensive Plan. McCafferty said this is similar to the conceptual plan in the Comprehensive Plan's Northeast District Plan, which called for a town square. Hansen said there were to be no more than 24 units at an intersection. Miklo said the Northeast District Plan shows multi-family buildings around the square. He said that was done with the planned development, and the question was studied at that time. Public discussion: There was none. Public discussion closed. MOTION: Brooks moved to approve SUB04-00004, the final plat of Windsor Ridge, Part 19A, a 8.32-acre, 6-lot residential subdivision located between Camden Road and Lower West Branch Drive, subject to staff approval of legal papers and construction drawings prior to City Council consideration. Anciaux seconded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE JANUARY 15, 2004 MEETING MINUTES: Hansen stated that Candy did a great job on these minutes. Planning and Zoning Commission Minutes February 19, 2004 Page 11 MOTION: Anciaux moved to approve the minutes of the Planning and Zoning Commission's January 15, 2004 meeting, as written. Brooks seconded the motion. The motion carried on a vote of 6~0. ELECTION OF OFFICERS: Since the procedure for election of officers is not set forth in the by-laws, Behr said the election defaults to Roberts' Rules of Order. Behr suggested that nominations be accepted and then he would ask each member to vote for one of the nominees. Koppes asked if the Commission should go ahead with nominations since Freerks was absent. The consensus was to elect officers at the current meeting. Shannon said there had only been two different chairs since he began his time on the Commission. He said he felt the positions should rotate between the members. Nominations for Chair: Koppes nominated Anciaux for chair. Anciaux accepted the nomination. There were no other nominations. Anciaux was elected on a roll call voice vote of 6-0. Nominations for Vice-Chair: Anciaux nominated Chait for vice-chair. Chait declined the nomination. Anciaux withdrew the nomination. Koppes nominated Hansen for vice-chair. Hansen accepted the nomination. There were no other nominations. Hansen was elected on a roll call voice vote of 6-0. Nominations for Secretary: Anciaux nominated Koppes for secretary. Koppes accepted the nomination. There were no other nominations. Koppes was elected on a roll call voice vote of 6-0. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Minutes submitted by Anne Schulte data on citynt/pcd/m~nu[es/p&z/2004 0Z-19-04p&z doo